As filed with the Securities and Exchange Commission on April 30, 2024
Registration Nos. 333-239746
811-21742
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM N-6
REGISTRATION STATEMENT
UNDER
THE SECURITIES ACT OF 1933 ☒
Pre-Effective Amendment No. ☐
Post-Effective Amendment No. 4 ☒
and
REGISTRATION STATEMENT
UNDER
THE INVESTMENT COMPANY ACT OF 1940 ☒
Amendment No. 39 ☒
FIRST INVESTORS LIFE SEPARATE ACCOUNT E
(Exact Name of Registrant)
NASSAU LIFE INSURANCE COMPANY
(Name of Depositor)
One American Row, Hartford, Connecticut 06102-5056
(Address of Depositors Principal Executive Offices) (Zip Code)
860-403-5000
(Depositors Telephone Number, including Area Code)
Kostas Cheliotis, Esq.
Nassau Life Insurance Company
One American Row
Hartford, Connecticut 06102-5056
(Name and Address of Agent for Service)
Copies of all communications to:
Kostas Cheliotis |
Vice President, General Counsel, Secretary |
Nassau Life Insurance Company |
One American Row |
P. O. Box 5056, Hartford, CT 06102-5056 |
It is proposed that this filing will become effective (check appropriate box):
☐ | immediately upon filing pursuant to paragraph (b) |
☒ | on May 1, 2024 pursuant to paragraph (b) |
☐ | 60 days after filing pursuant to paragraph (a)(1) |
☐ | on (date) pursuant to paragraph (a)(1) of Rule 485 under the Securities Act. |
If appropriate, check the following box:
☐ | this post-effective amendment designates a new effective date for a previously filed post-effective amendment. |
SPVL A Modified Single Premium Variable Life Insurance Policy |
Administrative Office
Regular Mail: P.O. Box 22012, Albany, New York 12201
Overnight Mail: 15 Tech Valley Drive, Suite 201,
East Greenbush, New York 12061-4142 Phone Number:
1-800-832-7783 (9:00 A.M. and 5:00 P.M.,
Eastern Time)
Fax: 1-321-400-6316
Website: www.nfg.com
Offered by Nassau Life Insurance Company Through First Investors Life Separate Account E
This prospectus describes an individual Modified Single Premium Variable Life Insurance Policy (the Policy) that is offered by Nassau Life Insurance Company (NNY, We, Us or Our) through First Investors Life Separate Account E (Separate Account E or Separate Account). We also refer to this Policy as SPVL; You and Your refer to a prospective or existing owner of a Policy.
In the Commonwealth of Massachusetts only, the Policy described in the prospectus is named the Limited Flexible Premium Variable Life Insurance Policy. Therefore, for offerees who reside in the Commonwealth of Massachusetts, all references in the prospectus to Single Premium Variable Life Insurance Policy, SPVL and Modified Single Premium Variable Life Insurance Policy are changed to Limited Flexible Premium Variable Life Insurance Policy. In the state of Nebraska only, the Policy described in the prospectus is named the Flexible Premium Variable Life Insurance Policy. Therefore, for offerees who reside in the state of Nebraska, all references in the prospectus to the Single Premium Variable Life Insurance Policy, SPVL and Modified Single Premium Variable Life Insurance Policy are changed to Flexible Premium Variable Life Insurance Policy.
The Policy is no longer available for new sales. Existing Policyowners may continue to make additional premium payments.
Please read this prospectus and keep it for future reference. It contains important information, including all material benefits, features, rights and obligations under a Policy that You should know before buying or taking action under a Policy. The premiums under this Policy may be invested in Subaccounts of Separate Account E that invest, at net asset value, in shares of a series in the designated funds described in Appendix A: Funds Available Under the Policy. Throughout this prospectus, We refer to these underlying mutual funds as Funds. Premiums may also be invested in Our Fixed Account.
Additional information about certain investment products, including variable life insurance, has been prepared by the Securities and Exchange Commissions staff and is available at Investor.gov.
The Securities and Exchange Commission (SEC) has not approved or disapproved these securities or passed judgment on the accuracy or adequacy of this prospectus. Any representation to the contrary is a criminal offense.
NNY does not guarantee the performance of Subaccounts of Separate Account E. The Policy is not a deposit or obligation of, or guaranteed or endorsed by, any bank or depository institution, or federally insured by the Federal Deposit Insurance Corporation, the Federal Reserve Board or any other agency. The Policy involves investment risk, including possible loss of principal amount invested.
The Policy may not be available in all states or jurisdictions. This prospectus does not constitute an offering in any state or jurisdiction in which such offering may not lawfully be made. NNY does not authorize any information or representations regarding the offering described in this prospectus other than as contained in this prospectus or any supplement thereto or in any supplemental sales material authorized by NNY.
The date of this prospectus is May 1, 2024.
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NASSAU LIFE, THE SEPARATE ACCOUNT, THE FIXED ACCOUNT AND THE SUBACCOUNTS |
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IMPORTANT INFORMATION YOU SHOULD CONSIDER ABOUT THE POLICY |
FEES AND EXPENSES | LOCATION IN PROSPECTUS | |||||||||||
Charges for Early Withdrawals | For up to nine years following the date of each premium payment, a surrender charge may apply if You partially or fully surrender the Policy, allow the Policy to lapse, or reduce the Policy Face Amount. The maximum surrender charge that You can pay while You own the Policy is equal to 9.5% of premium surrendered if Your Policy was issued before October 1, 2008 or 9.0% of premium surrendered if Your Policy was issued on or after October 1, 2008.
For example, if You paid $100,000 in premium payments, the maximum full surrender charge would be $9,500 for a policy issued before October 1, 2008 or $9,000 for a Policy issued on or after October 1, 2008. |
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Transaction Charges | In addition to the surrender charge, You also may be charged for other transactions. Specifically:
There is a $25 charge for each partial surrender.
A transfer fee of up to $10 is applied on the 5th or 6th transfer in a Policy Year.
We reserve the right to impose a charge for use of the Systematic Transfer Option or the Automatic Subaccount Reallocation Option. Currently, We are not imposing a charge for those services. |
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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. Those ongoing fees and expenses include a cost of insurance charge, a Separate Account charge and loan interest (if You take a Policy loan). Such fees and expenses may be set based on characteristics of the insured (e.g., age, sex, and rating classification). You should view the Policy specifications page of Your Policy for the rates applicable to Your Policy.
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FEES AND EXPENSES | LOCATION IN PROSPECTUS | |||||||||||
You will also bear expenses associated with the Funds under the Policy, as shown in the following table |
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Annual Fee | MIN. | MAX. | ||||||||||
Investment options (underlying fund fees and expenses)* |
0.21% |
1.15% |
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* As a percentage of Fund assets. The fees of the Funds are as of 12/31/23, and such fees can vary over time |
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RISKS | LOCATION IN PROSPECTUS | |||||||||||
Risk of Loss | You can lose money by investing in the Policy. | Principal Risks of Investing in the Policy | ||||||||||
Not a Short-Term Investment |
A Policy is not a short-term investment and is not appropriate for an investor who needs ready access to cash.
We may apply a surrender charge with respect to any surrender You make from the Policy.
A surrender may also reduce Your Policys Face Amount and may have adverse tax consequences.
You can avoid surrender charges and such possible adverse tax consequences by holding Your Policy for the long-term and minimizing surrenders.
Tax deferral is more beneficial to investors with a long time horizon. |
Principal Risks of Investing in the Policy;
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Risks Associated with Investment Options |
An investment in this Policy is subject to the risk of poor investment performance of the Funds You choose, which performance can vary among the Funds.
Each Fund (as well as the Fixed Account) has its own unique risks. With the Fixed Account, for example, Your Policy value is held as part of Our general account assets, which exposes You to the risk of Our solvency.
You should review the prospectuses for the Funds before making an investment decision. |
Principal Risks of Investing in the Policy;
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RISKS | LOCATION IN PROSPECTUS | |||||||||||
Insurance Company Risks | An investment in the Policy is subject to the risks related to NNY, including that any obligations (including under the Fixed Account), guarantees, or benefits are subject to the claims-paying ability of NNY. More information about NNY, including its financial strength ratings, is available upon request by calling toll-free at 1-800-541-0171 and also is available at www.nfg.com. | Principal Risks of Investing in the Policy;
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Contract Lapse | Your Policy can lapse only if You have an outstanding Policy loan. If Your Policy has an outstanding Policy loan and the Monthly Deduction exceeds the net Surrender Value, Your Policy may lapse, or end. If Your Policy lapses, it may not be reinstated. Withdrawals, loans (and associated loan interest), fees and charges, and poor investment performance can negatively affect net Surrender Value, and increase the risk of Policy lapse. If the Policy lapses, the death benefit will not be paid and You may incur surrender charges. | Principal Risks of Investing in the Policy;
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RESTRICTIONS | LOCATION IN PROSPECTUS | |||||||||||
Investments |
NNY reserves the right to remove or substitute Funds available under the Contract.
There is a limit of six transfers between two or more Subaccounts in any 12-month period.
Only one transfer either to or from the Fixed Account is allowed in any 12-month period, and transfers from the Fixed Account are subject to significant restrictions.
You may not allocate more than 50% of Your net premiums to the Fixed Account.
We reserve the right to limit transfers if frequent or large transfers occur. |
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TAXES | LOCATION IN PROSPECTUS | |||||||||||
Tax Implications |
You should consult with a tax professional to determine the tax implications of an investment in and payments received under the Policy.
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Federal Tax Information |
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TAXES | LOCATION IN PROSPECTUS | |||||||||||
If You purchase the Policy through a qualified retirement plan or an individual retirement account, You do not receive any additional tax deferral.
The Policy is generally a Modified Endowment Contract for federal income tax purposes, and, as a result, partial surrenders, a full surrender and Policy loans are subject to federal income tax on an income-first basis to the extent Your Accumulation Value exceeds Your basis in a Policy
Any gain on Your Policy is taxed at ordinary income tax rates when withdrawn, and You may have to pay a penalty tax if You take a withdrawal before age 591⁄2. |
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CONFLICTS OF INTEREST | LOCATION IN PROSPECTUS | |||||||||||
Investment Professional Compensation | Currently, We do not make new sales of the Policy, and thus the compensation practices described here relate primarily to compensation with respect to prior sales.
Your registered representative may have received compensation for selling the Policy to You. We generally pay compensation as a percentage of premium payments invested in the Policy (commissions). NNY may also pay for sales and distribution expenses out of any payments We or the principal underwriter of the Policies may receive from the Funds for providing administrative, marketing and other support and services to the Funds. To the extent permitted by FINRA rules and other applicable laws and regulations, the principal underwriter may pay or allow other promotional incentives or payments in the form of cash or other compensation.
The presence of these forms of compensation can influence a registered representative to recommend the Policy over another investment. |
Distribution of the Policy | ||||||||||
Exchanges | As a general matter, some investment professionals could have a financial incentive to offer You this Policy in place of another policy You currently own. Similarly, some investment professionals may have a financial incentive to offer You a new policy to replace this Policy. You should only exchange a policy if You determine, after comparing the features, fees, and risks of both policies, that it is better for You to purchase the new policy rather than continue to own Your existing policy. Currently, We do not offer this Policy for new sales, and thus would not offer this Policy in connection with such a replacement transaction. | Distribution of the Policy |
OVERVIEW OF THE POLICY |
The Policy is a variable life insurance policy that is designed to provide You with permanent insurance protection. You pay a single premium that is based on the minimum death benefit You want (the Face Amount) and the underwriting classification of the person whose life You are insuring (the Insured). Variable life insurance is designed to help meet long-term insurance and investment needs. It is not suitable as a vehicle for
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short-term savings. Because the Policy is designed for investors who intend to accumulate funds for long-term financial planning purposes, the Policy is best suited for those with a long investment horizon. Although You have the ability to make partial surrenders and/or fully surrender the Policy at any time while the Insured is living, the Policy should not be viewed as a highly liquid investment. In that regard, surrenders taken in the near term can result in You being assessed a surrender charge, which can be a significant amount. Failure to hold the Policy for the long-term also would mean that You lose the opportunity for the performance of Your chosen investment options to grow on a tax-deferred basis. Thus, the Policys features are appropriate for an investor who does not have significant liquidity needs with respect to money dedicated to the Policy and has a long investment horizon. The Policy is not intended for those who intend to engage in frequent trading among the Subaccounts within the Separate Account.
Premiums
The Policy is a single premium life insurance policy, meaning that you are only required to make a single premium payment, which you made when you purchased the Policy. However,the Policy allows You to pay one additional premium each year subject to certain limitations. This allows You to increase Your life insurance protection as Your circumstances change.
Your Policy can lapse only if You have an outstanding Policy loan. If Your Policy has an outstanding Policy loan, and the insurance charges that We deduct each month (the Monthly Deduction) exceeds the net Surrender Value of your Policy, your Policy may lapse. The net Surrender Value is the accumulated value of your Policy (or Accumulation Value) less any applicable surrender charge and the amount of any outstanding Policy loan balance and accrued interest. You may need to make additional payments under the Policy to prevent a lapse. Failure to make such payments may result in lapse
Death Benefit
The Policy is, first and foremost, a life insurance policy and is designed to provide You with permanent life insurance protection. Policies issued before 10/1/2008 remain in force to maturity at age 100 of the Insured, unless You choose to surrender Your Policy or it lapses. Policies issued on and after 10/1/2008 remain in force to maturity at age 121 of the Insured, unless You choose to surrender Your Policy or it lapses
Upon the death of the Insured, the Policys death benefit will be paid to Your named beneficiary. The amount of the death benefit may increase or decrease from the initial Face Amount that is set forth in Your Policy. Any such increases or decreases are based on a number of factors, including the investment experience of the Subaccounts You select and the credited interest in the Fixed Account if chosen. However, We guarantee that the death benefit will never to be less than the Policys Guaranteed Minimum Death Benefit (see Guaranteed Minimum Death Benefit), reduced by any outstanding Policy loans and accrued loan interest.
Investment Options
The Subaccounts invest in corresponding underlying Funds. Each Fund is a professionally managed mutual fund with its own investment objectives, strategies and risks. The Fixed Account, which is part of Our General Account, bears interest at a fixed guaranteed minimum interest rate, plus any additional interest that, in Our sole discretion, We may declare. Your Accumulation Value and Variable Death Benefit (see Variable Death Benefit) will fluctuate based on a number of factors including the performance of the Subaccounts You select and the proportion of Your Accumulation Value which You allocate to the Fixed Account.
You may change Your allocation of future premiums (if any) subject to certain limitations. You may change the allocation of Accumulation Value among the Subaccounts, or among the Subaccounts and the Fixed Account, through transfers of Accumulation Value, or Automated Subaccount Reallocations, or Systematic Transfers.
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Changes to the allocations of Accumulation Values are subject to certain conditions and restrictions described elsewhere in this prospectus.
Additional information about each Fund offered within the separate account is provided in Appendix A to this prospectus, entitled Funds Available Under the Policy.
Loans and Surrenders
You may borrow up to 75% of the Policys Surrender Value during the first three Policy Years and up to 90% of the Surrender Value thereafter, if You assign Your Policy to Us as sole security. The Surrender Value is the Accumulation Value, less any then-applicable surrender charge. Because this Policy is generally a Modified Endowment Contract (MEC) under the tax code, Policy loans can have tax consequences. Therefore, You should consult a tax adviser before taking a loan.
You may also fully surrender the Policy at any time while the Insured is living. The amount payable will be the Surrender Value. A surrender is a taxable event. You may surrender a portion of the Policys Cash Value provided You meet Our requirements. Partial surrenders may have adverse tax consequences and will reduce the guaranteed minimum death benefit and the death benefit.
There are tax consequences associated with loans, surrenders, and partial surrenders.
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The following tables describe the fees and expenses that You will pay when buying, owning, and surrendering or making withdrawals from the Policy. Please refer to Your Policy specifications page for information about the specific fees You will pay each year based on the options You have elected.
The first table describes the fees and expenses that You will pay at the time that You buy the Policy, surrender or make withdrawals from the Policy, or transfer cash value between the investment options.
Transaction Fees for Policies Issued Before October 1, 2008
Charge | When Charge Is Deducted | Amount Deducted | ||
Maximum Surrender Charge (Load)(1) | Upon full or partial surrender in excess of the Preferred Surrender Amount | 9.5% (as a percentage of premiums surrendered) | ||
Other Surrender Fees | On each Partial Surrender | $25.00 | ||
Transfer Fees | On transfers in excess of 4 per Policy year, excluding transfers made under the Systematic Transfer Option or the Automated Subaccount Reallocation Option(3) | $10.00 |
Transaction Fees for Policies Issued On or After October 1, 2008
Charge | When Charge Is Deducted | Amount Deducted | ||
Maximum Surrender Charge (Load)(2) | Upon total surrender or upon partial surrender in excess of the Preferred Surrender Amount | 9.0% (as a percentage of premiums surrendered) | ||
Other Surrender Fees | On each Partial Surrender | $25.00 | ||
Transfer Fees | On transfers in excess of 4 per Policy year, excluding transfers made under the Systematic Transfer Option or the Automated Subaccount Reallocation Option(3) | $10.00 |
(1) | The 9.5% Surrender Charge is the maximum deducted as a percentage of premiums surrendered for Insured Ages 0-49. The surrender charge declines based upon the number of years the corresponding premium has been invested and the age of the Insured on the date of the Premium Payment. A new schedule of Surrender Charges is associated with each additional premium. |
(2) | The 9.0% Surrender Charge is the maximum deducted as a percentage of premiums surrendered for Insured Ages 0-20. The surrender charge declines based upon the number of years the corresponding premium has been invested and the age of the Insured on the date of the Premium Payment. A new schedule of Surrender Charges is associated with each additional premium. |
(3) | Although We do not currently charge a fee in connection with these systematic and automatic options, We reserve the right to do so in the future not to exceed $10. |
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The next table describes the fees and expenses that You will pay periodically during the time that You own the Policy, not including underlying Fund fees and expenses.
Periodic Charges Other Than Annual Fund Expenses for Policies Issued Before October 1, 2008
Charge | When Charge is Deducted |
Maximum Amount We Can Deduct | ||
Base Contract Charges | ||||
Cost of Insurance(1) | Monthly | Minimum: $0.00 per $1,000 on the net amount at risk (NAR)(4). Maximum: $83.333 per $1,000 on the NAR. Representative Insured:(2) $0.685 per $1,000 on the NAR. | ||
Separate Account Charge | Monthly | Effective annual rate of 1.75% of Your Subaccounts Accumulation Value. | ||
Net Policy Loan Interest | Policy Anniversary | Effective annual rate of 2% of the outstanding loan.(3) |
Periodic Charges Other Than Annual Fund Expenses For Policies Issued On and After October 1, 2008
Charge | When Charge is Deducted |
Maximum Amount We Can Deduct | ||
Base Contract Charges | ||||
Cost of Insurance(1) | Monthly | Minimum: $0.000 per $1,000 on the net amount at risk (NAR).(4) Maximum: $83.333 per $1,000 on the NAR. Representative Insured:(2) $0.405 per $1,000 on the NAR. | ||
Separate Account Charge | Monthly | Effective annual rate of 1.75% of Your Subaccounts Accumulation Value | ||
Net Policy Loan Interest | Policy Anniversary | Effective annual rate of 2% of the outstanding loan.(3) |
(1) | Cost of insurance charges will vary according to age, gender and risk classification, policy year, net amount at risk, and face amount. The cost of insurance charges shown in the table may not be typical of the charges You will pay. Your Policys specifications page will indicate the guaranteed cost of insurance applicable to Your Policy. More detailed information concerning Your cost of insurance is available upon request.. |
(2) | Our representative Insured is a male, age 55 at the time the Policy is issued, and is in Our standard non-tobacco underwriting class. The charge indicated is the rate We deduct for the first year cost of insurance charge. |
(3) | The Policy loan interest rate is 6%. However, because We transfer from the Separate Account to the Loan Account in Our General Account an amount equal to the amount of the loan, while the loan is unpaid, We credit Your chosen Subaccount(s) and/or the Fixed Account interest at an effective annual rate of 4% for the amount maintained in the Loan Account. As a result, the net interest rate as a cost to You is 2% on any Policy loan. |
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(4) | NAR or Net Amount at Risk means the Variable Death Benefit at the beginning of the Policy month divided by the monthly interest factor indicated in the Policy Schedule, less the Total Accumulation Value at the beginning of the Policy Month before deduction of the Cost of Insurance for the current Policy Month. |
The next item shows the minimum and maximum total operating expenses charged by the underlying Funds that You may pay periodically during the time that You own the Policy. A complete list of underlying Funds available under the Policy, including their annual expenses, may be found at the back of this document.
Total Underlying Fund Expenses
Minimum | Minimum | |||||||
(expenses that are deducted from Underlying Fund assets, including |
0.21 | % | 1.15 | % |
1 | Underlying Fund expenses are as of 12/31/23, and can vary over time. The fees in the table above do not reflect any expense reimbursement or fee waiver arrangements, which would reduce the fee amounts. |
PRINCIPAL RISKS OF INVESTING IN THE POLICY |
There are risks associated with investing in the Policy.
Investment Risk
You can lose money in a variable life insurance policy, including potential loss of Your original investment. The value of Your investment and any returns will depend on the performance of the underlying Funds You select. Each Fund may have its own unique risks.
Liquidity Risk
Variable life insurance is not a short-term investment vehicle. The surrender charge applies for a number of years, so that the Policy should be purchased only for the long-term. You therefore should carefully consider Your income and liquidity needs before purchasing a Policy. Thus, ownership of the Policy creates risk associated with holding an investment that is not completely liquid.
Constraints on Access to Your Cash Value
You can fully surrender Your Policy at any time, but a full surrender will terminate the Policy and all of its benefits. After the Policy has been in force for one year, You can take partial surrenders. The maximum partial surrender amount is the Policys unloaned Accumulation Value, but no more than the total Accumulation Value less $10,000. We reserve the right to limit the number of partial surrenders to three per Policy Year. Any Policy loan You take will incur interest and the amount taken as a loan will not participate in the investment performance of the variable investment options. Additionally, if You take a loan or partial surrender, there may be a decrease the Surrender Value and the Variable Death Benefit. The reduction would be in the same proportion as the partial surrender is to the Accumulation Value, and therefore the reduction could be greater than the amount surrendered.
Risk of Lapse
If Your Policy has an outstanding Policy loan, Your Policy will remain in force unless a Monthly Deduction exceeds the net Surrender Value. If the Monthly Deduction exceeds the net Surrender Value (Default), Your
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Policy may lapse, or end. In such case, to continue Your Policy in force, You will be required to pay the amount equal to the estimated amount needed to keep Your Policy in force for three months from the date of Default. If Your Policy lapses, it may not be reinstated. Withdrawals, fees and charges, loans (and associated loan interest) and poor investment performance can negatively affect net Surrender value, and increase the risk of Policy lapse.
Transfer Risk
Transfers in and out of the Fixed Account are limited to one transfer per year and transfers among the Subaccounts are limited to no more than six per year. Each transfer from the Fixed Account is limited to the greater of $1,000 or 25% of the Fixed Account Accumulation Value. Each transfer to the Fixed Account may not be more than the amount that would cause the ratio of the Fixed Account Accumulation Value to the Unloaned Accumulation Value to exceed 50%. Because of these restrictions on transfers, You should realize that Policy value You have allocated to the Fixed Account and the Subaccounts can be required to be kept there for an extended period of time. We reserve the right to reject or restrict transfers if an underlying Fund or We determine the transfers reflect disruptive trading. Minimum transfer limits apply. Thus, ownership of the Policy involves certain restrictions on Your ability to make transfers.
Insurance Company Insolvency
It is possible that We could experience financial difficulty in the future and even become insolvent, and therefore be unable to meet Our obligations under the Policy. In particular, Our experiencing financial difficulty could interfere with Our ability to fulfill Our obligations under the Fixed Account and with Our ability to pay the death benefit. In general, note that all guarantees under the Policy are supported by Our general account and thus depend on Our financial strength and claims-paying ability.
Tax Consequences
Surrenders are generally taxable to the extent of any earnings in the contract, and prior to age 591⁄2 a tax penalty may apply. In addition, even if the Policy is held for years before any surrender is made, surrenders are taxable as ordinary income rather than capital gains. Because this Policy is generally a MEC under the tax code, Policy loans can have tax consequences. Adverse tax consequences can arise when You take a loan or partial surrenderplease see Federal Income Tax Considerations later in this prospectus.
Cyber Security and Business Continuity Risks.
Our variable product business is dependent upon the effective operation of our computer systems and those of our business partners and service providers, and so our business may be vulnerable to disruptions from utility outages and susceptible to operational and information security risks resulting from information system failures (e.g., hardware and software malfunctions) and cybersecurity incidents. These risks include, among other things, the theft, misuse, corruption and destruction of data maintained online or digitally, denial of service attacks on systems and websites, unauthorized release of confidential customer information and other operational disruptions that could severely impede our ability to conduct our business and administer the Policy (e.g., calculate unit values or process transactions).
Financial services companies and their third-party service providers are increasingly the targets of cyber-attacks involving the encryption and/or threat to disclose personal or confidential information (e.g., ransomware) or disruptions of communications (e.g., denial of service) to extort money or for other malicious purposes. The techniques used to attack systems and networks change frequently, are becoming more sophisticated, and can originate from a wide variety of sources. The use of remote or flexible work arrangements, remote access tools and mobile technology have expanded potential targets for cyber-attack.
System failures and cybersecurity incidents affecting us, the funds, intermediaries and service providers may adversely affect us, our ability to administer the Policy and your interest in the Policy. There may be an increased
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risk of cyber-attacks during periods of geopolitical or military conflict. Although we undertake preventative and detective measures to protect our systems from cyber-attacks, there can be no guarantee that we or our service providers will be able to avoid all cybersecurity incidents affecting Policy Owners in the future. It is possible that a cybersecurity incident could persist for an extended period of time without detection.
We may also be exposed to risks related to natural and man-made disasters and catastrophes, such as (but not limited to) storms, fires, floods, earthquakes, public health crises, geo-political disputes, military actions, malicious acts and terrorist acts, any of which could adversely affect our ability to conduct business and administer the Policy. A natural or man-made disaster or catastrophe, including a pandemic (such as COVID-19), could affect the ability or willingness of our employees or the employees of our third-party service providers to perform their job responsibilities.
NASSAU LIFE, THE SEPARATE ACCOUNT, THE FIXED ACCOUNT AND THE SUBACCOUNTS |
NNY, with its home office at One American Row, Hartford, Connecticut 06102-5056, is a stock life insurance company organized under the laws of the State of New York. NNY is authorized to conduct life and annuity business in all 50 states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands. The statutory home office of NNY is located at 15 Tech Valley Drive, East Greenbush, New York 12061.
NNY is part of Nassau Financial Group L.P. (the Nassau Group). NNY has been operating as an insurance company since 1851. It was acquired by the Nassau Group in 2016. Other affiliates of NNY include 1851 Securities, Inc. (or hereafter 1851), which is the principal underwriter for the Policies, and the Nassau Companies of New York, which provides administrative services for the Policies.
Prior to July 8, 2020, the issuer of the Policy was Foresters Life Insurance and Annuity Company (FLIAC). FLIAC was acquired by NNY on July 1, 2020. Following the acquisition, on July 8, 2020, FLIAC merged with and into NNY, with NNY as the surviving company (the Merger). Upon completion of the Merger, FLIACs corporate existence ceased by operation of law. As the surviving company, NNY assumed all the rights, duties and obligations of FLIAC, including those related to the Separate Account. The Separate Account became a separate account of NNY. NNY assumed legal ownership of the assets of the Separate Account and responsibility for the liabilities and obligations of all outstanding Policies. The Merger did not affect the terms of, or the rights and obligations under, the Policies other than to change the insurance company that provides Policy benefits from FLIAC to NNY. The Policies continue to be funded by the Separate Account. Policy values did not change as a result of the Merger. No additional charges were imposed and no deductions were made as a result of the Merger. The Merger did not have any tax consequences for Policyowners.
For information or service concerning a Policy, You may contact Us in writing at Our Administrative Office at P.O. Box 22012, Albany, New York 12201 (or 15 Tech Valley Drive, Suite 201, East Greenbush, New York 12061 for overnight mailings). You may also call Us at 1-800-832-7783 between the hours of 9:00 A.M. and 5:00 P.M., Eastern Time, or fax Us at 1-321-400-6316. You may also contact Us through Our website at www.nfg.com.
You should send any payments, notices, elections or requests (including requests for Fund prospectuses), as well as any other documentation that We require for any purpose in connection with Your Policy, to Our Administrative Office. No payment, notice, election, request or documentation will be treated as having been received by Us until We have actually received it, as well as any related forms and items that We require, all in complete and Good Order (i.e., in form and substance acceptable to Us) at Our Administrative Office. To meet Our requirements for processing transactions, We may require that You use Our forms. We will notify You and provide You with an address if We designate another office for receipt of information, payments and documents.
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We established Separate Account E on September 30, 2004 under the provisions of the New York Insurance Law. Separate Account E is registered with the SEC as a unit investment trust under the Investment Company Act of 1940, as amended (the 1940 Act). We segregate the assets of Separate Account E from Our general account assets (the General Account). The assets of Separate Account E fall into two categories: (1) assets equal to Our Separate Account reserves and other liabilities under the Policies and (2) additional assets derived from fees or charges We have deducted under the Policies. We cannot use the assets in Our Separate Account to satisfy any of Our other obligations. However, the assets We derive from Our fees or charges do not support the Policies, and We expect to transfer these assets to Our General Account. Before making such a transfer, We will consider any possible adverse impact that the transfer may have on Separate Account E.
All the income, gains and losses (realized or unrealized) resulting from assets allocated to Separate Account E are credited to or charged against Separate Account E without regard to Our other businesses. We are obligated to pay all amounts promised to Policyowners under the Policies, even if these amounts exceed the assets in Separate Account E. Assets allocated to Separate Account E support the benefits under the Policy. The assets are in turn invested by each Subaccount of Separate Account E into a corresponding Fund of the VIP Series or in the Goldman Sachs Government Money Market Fund at the net asset value. We own the shares of the underlying Funds, not You.
Each Subaccount reinvests any distributions it receives from a Fund by simultaneously purchasing additional shares of the distributing Fund at net asset value. Accordingly, We do not expect to pay out any such distributions to You.
The Fixed Account is not part of Separate Account E. It is part of Our General Account. The General Account consists of all assets owned by Us, other than those in Separate Account E or in any other legally segregated separate accounts. The assets of the General Account support Our insurance obligations and are subject to general liabilities from Our business operations and to claims by Our general creditors. The assets of the General Account can be invested as We choose, subject to certain legal requirements. We guarantee that any assets that You choose to allocate to the Fixed Account will earn interest at an effective annual rate of at least 3.00%. We may, but are not required to, declare interest in excess of this rate (excess interest). In the event that We declare excess interest, We are not required to guarantee that it will remain in effect for any specific period of time. Therefore, We may reduce or eliminate such excess interest at any time without prior notice to You. However, any excess interest already credited to Your account is non-forfeitable.
You do not share in any gains or losses that We experience in the Fixed Account or Our General Account. We bear the entire risk that the investments in Our General Account may not achieve the minimum guaranteed or declared rates of return. The Fixed Account is not registered under the Securities Act of 1933. Moreover, neither the Fixed Account nor the General Account are registered as investment companies under the 1940 Act. Disclosures regarding the Fixed Account, however, are subject to certain generally applicable provisions of the federal securities laws relating to the accuracy and completeness of statements made in the prospectus.
Each of the Subaccounts available under the Policy invests in a corresponding underlying Fund. You are not investing directly in the underlying Funds. Each underlying Fund is a portfolio of an open-end management investment company that is registered with the SEC under the Investment Company Act of 1940. The underlying Funds are not publicly traded and are offered only through the purchase of a Policy or another variable life policy or variable annuity contract issued by NNY or by other insurance companies or tax qualified plans. Although some of the Funds may have similar names, the same portfolio manager(s) and the same investment objectives as
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other publicly available mutual funds, they are separate and distinct from these mutual funds. The Funds will have different portfolio holdings and fees so their performances will vary from the other mutual funds. Accordingly, the performance of the underlying Fund is likely to be different from that of the retail mutual fund, and You should not compare the two.
The Funds are selected to provide a range of investment options from conservative to more aggressive investment strategies.
Each Subaccount of the Separate Account is subject to market fluctuations and the risks that come with the ownership of any security; and there can be no assurance that any investment option will achieve its stated investment objective.
Information regarding each underlying Fund, including (i) its name (ii) its type (e.g., money market fund, bond fund, balanced fund, etc.) or a brief statement concerning its investment objectives (iii) its investment adviser and any sub-investment adviser (iv) current expenses and (v) performance is available in Appendix A to this prospectus. Each underlying Fund has issued a prospectus that contains more detailed information about the Fund. Electronic copies of those prospectuses can be found online at https://dfinview.com/Nassau-PHL/TAHD/NAS000023. You can also request paper copies of prospectuses at no cost by calling 1-800-832-7783 or by sending an email request to customer_contact_center@nfg.com.
The Policy is described as variable because the amount of Your death benefit, Accumulation Value and loan value (the amount You can borrow) may increase or decrease depending on, among other things, the investment performance of the Subaccount(s) You select. You bear the entire investment risk with respect to the Policys Accumulation Value which is allocated to the Separate Account E Subaccounts. We bear the investment risk with respect to that portion of the Policys Accumulation Value which is allocated to the Fixed Account. The death benefit is never less than the Guaranteed Minimum Death Benefit (adjusted for Policy loans and accrued loan interest). The discussion in this prospectus generally assumes that there have been no Policy loans. The death benefit and Accumulation Value, among other things, are affected if a Policy loan is made.
To purchase a Policy, You must submit a completed life insurance application to Us and provide Us with evidence of insurability that is satisfactory to Us. Before approving an application, We conduct underwriting to determine the designated Insureds insurability and underwriting (insurance risk) classification. If Your application is approved, We will credit Your Policy with the initial premium and make the first Monthly Deduction on the date that the Policy is issued (the Issue Date). Until such time, Your initial premium is held, without earning interest, in Our General Account. If a Policy is not issued, We will return Your premium without interest. We reserve the right to reject any application or premium for any reason.
The Insured is covered under the Policy as of the Policys issue date. Conditional coverage may be available prior to the issuance of a Policy if all conditions set forth in the application are satisfied. The Policy requires an initial single premium. You have the option of making additional premium payments as described further below. If Your Policy does not have a Policy loan balance, it will stay in force until maturity at age 100 of the Insured for Policies issued before 10/1/2008 and at age 121 for Policies issued on and after 10/1/2008, unless You decide to surrender it. The portion of Your premiums that is allocated to the Subaccounts is used to purchase Accumulation Units of the Subaccounts.
We value Accumulation Units as of the regularly scheduled close of regular trading on the New York Stock Exchange (NYSE) (normally 4:00 p.m., Eastern Time) each day that the NYSE is open (Business Day).
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Your Initial Premium
The initial premium You pay is determined by the initial Face Amount of insurance and the Insureds age, sex and underwriting classification. There is a $5,000 minimum initial premium requirement for issue ages 0-14 and a $10,000 minimum initial premium requirement for issue ages 15 and above.
We allocate assets to Our General Account to accumulate as a reserve for the contingency that the Insured will die when the Guaranteed Minimum Death Benefit exceeds the death benefit payable without such guarantee. In setting premium and cost of insurance rates, We take into consideration actuarial estimates of projected death and surrender benefit payments, lapses, expenses, investment returns, and an overall profit to Us from the Policies.
Optional Additional Premiums
Once each Policy Year, You may make one additional premium payment. The maximum allowable attained age to make additional premium payments is 95. The minimum amount is $500 and the maximum is 10% of the initial premium payment. However, the additional Face Amount of insurance purchased by additional premium payment(s) (as discussed below) cannot cause the total Face Amount of the Policy to exceed the Cumulative Face Amount Limitation of two times the initial Face Amount of the Policy.
Each additional premium purchases additional Face Amount of insurance at rates based on the Insureds attained age at the time of the premium payment, and the Insureds sex and underwriting class. A new schedule of Surrender Charges is associated with each additional premium. We may request that You provide evidence of insurability satisfactory to Us and We may limit or reject any additional premium paid. We will determine if We require such evidence and send You notice with all documents and other requirements within 15 days of Our receiving the additional premium.
If You have a loan balance, We apply premium payments We receive from You first to repay any loan balance. We apply any excess after repayment of any loan balance as an additional premium. Amounts We receive under the Grace Period or Reinstatement provisions of the Policy will be applied in the manner described in those provisions. Any required amount applied as an additional premium payment in such cases will not be subject to the premium limitations or the Cumulative Face Amount Limitation or any other limitation concerning payment of additional premiums, but will be counted against those limitations with respect to any future premium payments.
ALLOCATION OF PREMIUMS TO INVESTMENT OPTIONS
When You purchase a Policy, You select the percentage allocation of Your premium to the Subaccounts of Separate Account E and the Fixed Account. Your allocations are subject to the following constraints:
1. | allocation percentages must be in whole numbers; |
2. | allocation percentages must add to 100%; and |
3. | the allocation percentage for the Fixed Account may not exceed 50%. |
Subsequent premiums will be allocated according to Your allocation instructions on file, unless You request a change in Your allocation instructions. A change in the allocation percentages for future additional premiums will affect reallocations occurring under the Automated Subaccount Reallocation Option. See the description under Automated Subaccount Reallocation Option for additional information.
The initial premium is credited to Your Policy on the Policys issue date. Subsequent additional premiums (if any) that You allocate to a Subaccount are credited to Your Policy based on the Subaccounts Unit Value that is
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computed as of the end of the later of the Business Day on which We receive the payment or the Business Day that We receive any satisfactory evidence of insurability which We may require. If We receive the later of these after the end of a Business Day, the Unit Value computed as of the end of the next Business Day will be used.
Reallocating Among Investment Options
Subject to the restrictions discussed below, You may change the allocation of Your Accumulation Value among the Subaccounts, or among the Subaccounts and the Fixed Account, through a Transfer of Accumulation Value by written notice, by telephone, or through participation in Our Systematic Transfer Option or participation in Our Automated Subaccount Reallocation Option.
Only the Automated Subaccount Reallocation Option or the Systematic Transfer Option, but not both, may be in effect at the same time.
Transfer of Accumulation Value
You may transfer the Accumulation Value between any two or more of the Subaccounts, or between one or more Subaccounts and the Fixed Account by providing Us with written notice of Your request or by calling (800) 832-7783. There is a limit of six transfers between two or more Subaccounts in any 12-month period. Only one transfer either to or from the Fixed Account is allowed in any 12-month period.
The minimum transfer amount You may request is $100. Each transfer from the Fixed Account is limited to the greater of $1,000 or 25% of the Fixed Account Accumulation Value. Each transfer to the Fixed Account may not be more than the amount that would cause the ratio of the Fixed Account Accumulation Value to the Unloaned Accumulation Value to exceed 50%. The Unloaned Accumulation Value is the Policys total Accumulation Value, excluding any amount that is being held in the Policys Loan Account as a result of any loans You have taken from the Policy.
We charge a $10 fee for transfers in excess of four per Policy Year including those involving the Fixed Account (see Fees, Charges and Expenses). The transfer fee, if applicable, is deducted from the Subaccounts and/or the Fixed Account in addition to and proportional with the amount transferred from each account, except that in the case of a 100% transfer from any account, the charge is deducted from the amount otherwise transferable.
A transfer of Accumulation Value made while the Automated Subaccount Reallocation Option is in effect automatically terminates the Automated Subaccount Reallocation Option. Requests for transfers are processed as of the Business Day We receive them. We may defer transfers under the conditions described under the section entitled Payment and Deferment.
Telephone Transfer Option
You may make transfers of the Accumulation Value among the Subaccounts as described above by telephone by calling (800) 832-7783. You will be required to provide certain information for identification purposes when requesting a transaction by telephone and We may record Your telephone call. We may also require written confirmation of Your request.
We will not be liable for losses resulting from telephone requests that We believe are genuine. We reserve the right to revoke or limit Your telephone transaction privileges at any time without revoking or limiting all owners telephone transaction privileges. Telephone privileges may be denied to market timers and frequent or disruptive traders.
We cannot guarantee that telephone transactions will always be available. For example, there may be interruptions in service beyond Our control, such as weather-related emergencies.
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Systematic Transfer Option
You may request that a specified dollar amount of Accumulation Value be transferred from any one or more Subaccounts (the originating account(s)) to any one or more other Subaccounts (the receiving account(s)) at monthly or quarterly intervals, as selected. The first such systematic transfer occurs on the first Business Day of the Policy Month or Policy Quarter that next follows the date We receive Your request. Transfers under this option may not be designated either to or from the Fixed Account. The minimum amount that may be transferred either from or to any one account is $100. All transferred amounts must be specified in whole dollars.
The Systematic Transfer Option will terminate as to an originating account if and when the Accumulation Value in that Account is depleted. Such termination as to one originating account will not have the effect of increasing any amounts thereafter transferred from other originating accounts under the Systematic Transfer Option. Currently, transfers made under this option are not subject to any fee and are not included in the yearly transfer count for purposes of determining whether a transfer fee applies. (See the section, Transfer of Accumulation Value above). However, We may impose a charge in the future for this option not to exceed $10. The systematic transfer option terminates if and when the Accumulation Value remaining in all of the originating accounts is depleted. We may terminate this option or modify Our rules governing this option at Our discretion by giving You 31 days written notice.
Automated Subaccount Reallocation Option
If You request, We will automatically reallocate the Subaccount Accumulation Values at quarterly intervals according to the most recent Premium Allocation on file with Us. The first such reallocation will occur on the first Business Day of the Policy Quarter that next follows the date on which We receive Your request. Upon reallocation, the amount of Accumulation Value allocated to each Subaccount is equal to (a) multiplied by (b), where:
(a) is equal to:
1. the allocation percentage You have specified for that Subaccount; divided by
2. the sum of the allocation percentages for all such Subaccounts; and,
(b) is equal to the sum of the Accumulation Values in all of the Subaccounts at the time of the reallocation.
Any requested changes in Your Premium Allocation percentages are reflected in the next quarterly reallocation following the change. The reallocation will only affect the allocation of Accumulation Values among the Subaccounts. It will not affect the Fixed Account Accumulation Value. Reallocation transfers of Accumulation Value made under this option are not subject to the minimum transfer amount described under Transfer of Accumulation Value in this section. Currently, transfers made under this option are not subject to any fee and are not included in the yearly transfer count for purposes of determining whether a transfer fee applies. However, We may impose a charge for this option in the future not to exceed $10.
A transfer of Accumulation Value made while this Automated Subaccount Reallocation Option is in effect automatically terminates the option. You may subsequently reelect this option by making a request in the manner described above. We may terminate this option or modify Our rules governing this option by giving You 31 days written notice.
What are Our Policies on Frequent Reallocations Among Subaccounts?
The Policy is designed for long-term investment purposes. It is not intended to provide a vehicle for frequent trading or market timing. We therefore limit reallocations to six transfers between two or more Subaccounts in any 12-month period, not including transfers pursuant to the Systematic and Automatic Transfer Options discussed above. We apply this limitation uniformly to all Policies.
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We monitor Subaccount reallocations in an effort to prevent Policyowners from exceeding the annual limit on reallocations. We cannot guarantee that Our monitoring efforts will be effective in identifying or preventing all market timing or frequent trading activity in the Subaccounts.
We will only accept a transaction request that is in writing or made by telephone, and complies with Our requirements. We will not accept transaction requests by any other means, including, but not limited to, facsimile or e-mail. As described in the Fund prospectuses, the Funds have policies and procedures to detect, deter and prevent frequent trading, and to reject, without any prior notice, any purchase or exchange transaction if the Funds believe that the transaction is part of a market timing strategy.
In order to protect Policyowners and to comply with the underlying Funds policies, We have agreed to honor instructions from the Funds to restrict or prohibit further purchases or transfers of shares by any Policyowner that has been identified by the Funds as having violated its market timing policies. Accordingly, We may be required to reject any reallocation request, without any prior notice, that is determined by the Funds to be part of a market timing strategy.
What Are the Risks to Policyowners of Frequent Reallocations?
To the extent that Our policies are not successful in detecting and preventing frequent trading in the Subaccounts, frequent trading may: (a) interfere with the efficient management of the underlying Funds by, among other things, causing the underlying Funds to hold extra cash or to sell securities to meet redemptions; (b) increase portfolio turnover, brokerage expenses, and administrative costs; (c) harm the performance of the Funds, particularly for long-term shareholders who do not engage in frequent trading. These risks may in turn adversely affect Policyowners who invest in the Funds through Our Subaccounts.
In the case of the Subaccounts that invest indirectly in high yield bonds and stocks of small and mid-sized companies, the risk of frequent trading includes the risk that investors may attempt to take advantage of the fact that these securities may trade infrequently and therefore their prices may be slow to react to information. This could cause dilution in the value of the shares held by other shareholders.
In the case of the Subaccounts that invest indirectly in foreign securities, the risks of frequent trading include the risk of time zone arbitrage. Time zone arbitrage occurs when shareholders attempt to take advantage of the fact that the valuation of foreign securities held by a Fund may not reflect information or events that have occurred after the close of the foreign markets on which such securities principally trade but before the close of the NYSE. This could cause dilution in the value of the shares held by other shareholders.
The death benefit is the amount We pay to the named beneficiary upon the death of the Insured. The death benefit is the greater of the Guaranteed Minimum Death Benefit or the Variable Death Benefit, as described below. We reduce the death benefit to reflect any Policy loan and loan interest. Any partial surrenders also reduce the Guaranteed Minimum Death Benefit in the manner described below and (because they will also reduce the Accumulation Value used to compute the Variable Death Benefit) partial surrenders will reduce the Variable Death Benefit.
Generally, We pay the death benefit within seven days after We receive all claim requirements at Our Administrative Office. If no settlement option is elected, We pay interest on death benefit proceeds from the date of death until We pay the death benefit. The interest rate is guaranteed to be at least 21⁄2%, but may be increased. If the Policys death benefit exceeds $1,000, the proceeds can be applied to a settlement option. Prior to the Insureds death, the Policyowner can elect the settlement option or change a previously elected settlement option. At the time of the Insureds death, if the Policyowner did not make an election, the beneficiary may apply the proceeds to one of the settlement options. We must receive an election of or a change to a settlement option in
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writing at Our Administrative Office in a form acceptable to Us. The settlement options are described later in this prospectus.
Guaranteed Minimum Death Benefit
The Guaranteed Minimum Death Benefit on the issue date of Your Policy is equal to the initial premium. Thereafter, the Guaranteed Minimum Death Benefit is increased by the amount of any additional premium paid and is proportionally decreased by any partial surrender of Accumulation Value. The proportion by which the Guaranteed Minimum Death Benefit is decreased in that case is the same proportion as the amount of Accumulation Value surrendered bears to the total Accumulation Value prior to such surrender.
Should Your Policy lapse and be reinstated, the Guaranteed Minimum Death Benefit will be the same as on the date of Default, increased by any amounts applied as a required additional premium payment. See Reinstatement for additional information.
Variable Death Benefit
The Variable Death Benefit at any time is equal to the total Accumulation Value divided by the net single premium per dollar of insurance, as discussed further below. Because the Variable Death Benefit is based in part on the amount of a Policys Accumulation Value, a higher Accumulation Value at a given time will result in a higher Variable Death Benefit than would a lower Accumulation Value under the same Policy at the same time. Therefore, anything that increases Your Policys Accumulation Value (such as additional premiums that You pay or favorable returns from the investment options You select) will tend to increase the amount of the Variable Death Benefit. On the other hand, anything that decreases Your Policys Accumulation Value (such as partial surrender, poor performance in the investment options You select, or the charges and expenses to which Your Policy is subject) will tend to decrease the amount of the Variable Death Benefit.
The Policy contains a schedule of the net single premiums per dollar of insurance that will apply at each age that the Insured attains during the life of the Policy. (Although the Table in the Policy sets forth the net single premiums per dollar of insurance only at one-year intervals, interpolated numbers are used to reflect the actual time during the Policy Year when an Insured dies.) Also, the value shown in the illustration that You receive with Your Policy will, to the extent relevant, reflect the operation of the net single premium per dollar amount of insurance under Your Policy. If You wish further information, please contact Your representative.
The net single premium per dollar of insurance is the amount that would be required to purchase one dollar of paid-up whole life insurance, based on the Insureds sex, attained age, and underwriting classification, based on the 1980 Commissioners Standard Ordinary Mortality (CSO) Table for the Insureds sex and smoking status for Policies issued before 10/1/2008 and the 2001 CSO Table for Policies issued on and after 10/1/2008 for the Insureds sex and smoking status, and assuming a 4% rate of interest.
A Policy with a lower net single premium per dollar of insurance will have a higher Variable Death Benefit than an otherwise comparable Policy that has a higher net single premium per dollar of insurance. The amount of the net single premium will generally be lower for a younger Insured than for an older Insured, lower for a female Insured than for a comparable male Insured, and lower for an Insured who does not use tobacco than for an Insured who does. If the Insured presents other special risks, net single premiums will reflect upward adjustments from the mortality table that otherwise would be applicable.
The net single premium per dollar of insurance increases over the period of time that a Policy is in force, as the Insureds age increases. This means that each year that Your Policy is in force, the Variable Death Benefit will be smaller in relation to the Policys Accumulation Value than it was the year before. This will tend to offset any increases in the Variable Death Benefit that would otherwise result from any increase in Your Policys Accumulation Value over time and to accentuate any decreases in the Variable Death Benefit that would otherwise result from any decrease in Your Policys Accumulation Value over time.
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Other Benefits Available Under The Policy
In addition to the standard death benefit associated with Your Policy, other standard benefits may also be available to You. The following table summarizes information about those benefits. Information about the fees associated with each benefit included in the table may be found in the Fee Table.
Name of Benefit | Purpose | Is Benefit Standard or Optional |
Brief Description of Restrictions/Limitations | |||
Systematic Transfer Option | Automatically transfers a specified dollar amount of Subaccount Accumulation Value from any one or more Subaccounts to any one or more other Subaccounts | Standard |
Minimum transfer amount is $100 Not available for the Fixed Account Program transfers do not count toward annual transfer limit Program may be discontinued or modified in the future | |||
Automated Subaccount Reallocation Option | Automatically reallocates the Subaccount Accumulation Values at quarterly intervals according to the most recent Premium Payment allocation | Standard |
Not available for the Fixed Account A transfer request made while this option is in effect cancels enrollment Program transfers do not count toward annual transfer limit Program may be discontinued or modified in the future | |||
Policy Loan | Loan feature allows You to take loans, using Policy value as collateral | Standard |
We deduct the amount of any outstanding loans plus any accrued loan interest before We calculate the death benefit and net Surrender Value Amounts taken as a Policy loan: (a) do not participate in the performance of the variable investment options; (b) may reduce the Policy value, net Surrender Value and death benefit; (c) may increase the risk of lapse; and (d) may have tax consequences. |
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Determining Your Accumulation Value
The Accumulation Value You have in Your Policy varies daily depending on, among other things, the investment experience of the Subaccounts You have selected and the proportion of Your Accumulation Value which You have allocated to the Fixed Account. The total Accumulation Value is equal to the sum of the Accumulation Values in each of the Subaccounts, the Fixed Account, and the Loan Account.
Fixed Account Accumulation Value
On the Issue Date, the Fixed Account Accumulation Value is equal to the portion of the initial premium, less the portion of the Monthly Deduction for the first Policy Month that is allocated to the Fixed Account. The Fixed Account Accumulation Value on succeeding Monthly Deduction Dates is equal to:
1. | The Fixed Account Accumulation Value on the previous Monthly Deduction Date; plus the sum of the following transactions that have occurred since the last Monthly Deduction Date; |
2. | any additional premiums allocated to the Fixed Account; |
3. | any transfers into the Fixed Account, including transfers due to the repayment of a loan; |
4. | interest accrued on the Fixed Account Accumulation Value; |
less | the sum of the following transactions that have occurred since the last Monthly Deduction Date; |
1. | the portion of the Monthly Deduction for the current Policy month allocated to the Fixed Account; |
2. | any transfers out of the Fixed Account, including transfers due to the making of a loan; and |
3. | any partial surrenders allocated to the Fixed Account. |
Loan Account Accumulation Value
If You have not taken any Policy loans, Your Loan Account value is zero. The Loan Account Accumulation Value is equal to the amount of Your loan(s) minus any loan repayments plus accrued interest. The balance in the Loan Account is credited with interest at an effective annual rate of 4%.
Subaccount Accumulation Value
The Accumulation Value in each Subaccount at any time is equal to the number of units a Policy has in the Subaccount, multiplied by the Subaccounts Unit Value. Amounts You allocate to or transfer into a Subaccount are used to purchase units in the Subaccount. We redeem units when amounts are deducted, transferred, or surrendered from a Subaccount. These purchases and redemptions of units are referred to as Policy Transactions. These Policy Transactions include the portion of premium payments, full or partial surrenders, loans or loan repayments, and the Monthly Deduction, allocated to the Subaccounts. They also include transfers into or out of a Subaccount.
The number of units a Policy has in a Subaccount at any time is equal to the number of units purchased minus the number of units redeemed in the Subaccount up until that time. The number of units purchased or redeemed as a result of a Policy transaction is equal to the dollar amount of the Policy transaction divided by the Subaccounts Unit Value on the date of the Policy transaction.
Unit Values are determined as of the end of each Business Day. The Unit Values that apply to a Policy transaction made on a Business Day are the Unit Values as of the end of that day. If We receive Your request or other documentation for a transaction after the end of a Business Day, it is processed based on the Unit Values as
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of the end of the next Business Day. The Unit Value of a Subaccount on any Business Day is equal to the Unit Value on the previous Business Day, multiplied by the net investment factor for that Business Day.
The net investment factor for a Subaccount on any Business Day is equal to (a) divided by (b), where:
(a) | is the net asset value per share of the Fund in which the Subaccount invests at the end of the Business Day, plus the per share amount of any dividend or capital gain distribution from the Fund since the previous Business Day, less the per share amount of any taxes deducted by Us; and |
(b) | is the net asset value per share of the designated portfolio of the Fund on the previous Business Day. The net asset value of a Funds shares is the value reported to Us by the Funds investment advisor. |
The Policy offers the possibility of increased Accumulation Value resulting from good investment performance. However, there is no assurance that any increase will occur. It is also possible, due to poor investment performance, for the Accumulation Value to decline. You bear all the investment risk for that portion of Your Accumulation Value allocated to the Subaccounts.
Deduction of Cost of Insurance Protection from Accumulation Value
Your Accumulation Value reflects a monthly charge for the cost of insurance protection. We issue variable life insurance policies to (1) persons with standard mortality risks and (2) persons with higher mortality risks, as Our underwriting rules permit.
We determine the current Cost of Insurance Charge by multiplying the Policys total Accumulation Value by a Cost of Insurance Rate, expressed as a percentage of Accumulation Value as of the date of the deduction. We may change the method for determining the charge, including one based on the Policys Net Amount at Risk, as discussed below. This could enable Us to deduct more cost of insurance charges than would Our current method. We allocate this charge to the Subaccounts and/or Fixed Account in the same proportion as the Accumulation Value in each of the Subaccounts and/or the Fixed Account bears to the sum of the Accumulation Values in the Subaccounts and/or Fixed Account respectively.
Regardless of what method We use for computing the charge, the Cost of Insurance Charge for any month will never exceed the guaranteed monthly maximum Cost of Insurance Rate multiplied by the Net Amount at Risk (as defined in the Policy) on the date of the deduction. The guaranteed monthly maximum Cost of Insurance rates are based on the 1980 CSO Table for the sex and smoking status of the Insured for Policies issued before 10/1/2008. The guaranteed monthly maximum Cost of Insurance rates are based on the 2001 CSO Table for the sex and smoking status of the Insured for Policies issued on and after 10/1/2008.
We currently charge monthly Cost of Insurance rates that are generally less than the Guaranteed Maximum Monthly Cost of Insurance rates. We may change Cost of Insurance rates based on expectations of future experience. If We make such a change, it will apply to all insureds who have the same age at issue, date of issue, sex and underwriting classification. We will review Our current cost of insurance rates for the Policies at least once every five years. We will also review such rates for outstanding Policies in any year in which rates are changed for new Policies on the same form.
We will not change the Cost of Insurance rates because of any change in the Insureds health, occupation, or avocation. Each Policy contains a schedule of the Maximum Guaranteed Cost of Insurance rates. Also, the values shown in the illustration that You receive with Your Policy will reflect the operation of the cost of insurance rates under the Policy, both on a current charge basis and a guaranteed maximum charge basis. If You wish further information, please contact Your representative. We currently charge the same Cost of Insurance rate, in certain cases, across different ages and different underwriting classifications. We may charge different rates in the future for such ages and underwriting classifications.
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Total Surrenders
You can surrender the Policy for its net Surrender Value at any time while the Insured is living. The Policys net Surrender Value is its Accumulation Value, less the amount of any applicable Surrender Charge and less the amount of any outstanding Policy loan balance and accrued interest. If You request a total surrender, it will be effective on the Business Day that We receive both the Policy and a written request at Our Administrative Office. We calculate the amount of the Surrender Charge as explained in the Fees, Charges and Expenses section of this prospectus.
The amount of any full or partial surrender in excess of the Preferred Surrender Amount is subject to the surrender charge percentage schedule. You may elect to receive Your Surrender Value:
1. | paid to You in one sum; or |
2. | applied under a settlement option You elect. |
We may defer sending the surrender amount under the conditions described in Payment and Deferment.
Partial Surrender of Accumulation Value
After the Policy has been in force for one year, You can take partial surrenders. The partial surrender will be effective on the Business Day We receive Your request. The minimum partial surrender amount is $500. The maximum partial surrender amount is the Policys Unloaned Accumulation Value, but no more than the total Accumulation Value less $10,000. We reserve the right to limit the number of partial surrenders to three per Policy year.
The amount of the partial surrender is deducted from the Policys Accumulation Value. Unless You instruct Us otherwise, We withdraw the partial surrender from the Subaccounts and/or Fixed Account in the same proportion as the Accumulation Value in each Subaccount and/or the Fixed Account bears to the sum of the Accumulation Values in these Accounts. The amount of the partial surrender in excess of the Preferred Surrender Amount is subject to a Surrender Charge which is determined as described under Fees, Charges and Expenses.
The Guaranteed Minimum Death Benefit is decreased by the proportion that the amount of any partial surrender of Accumulation Value bears to the total Accumulation Value prior to such surrender.
We charge $25 to process each partial surrender. We deduct this charge from the Accumulation Value remaining after the partial surrender. To the extent there is a balance remaining, the charge is deducted from each Subaccount and/or the Fixed Account in the proportion that such account bears to the total Accumulation Value prior to the partial surrender. Any portion of this charge that cannot be assessed due to insufficient value in any account is allocated proportionally to the balances in the remaining accounts. We may limit the number of partial surrenders in any Policy year to three. We will usually pay the Surrender Value within seven days. However, We may delay payment under certain circumstances described under Payment and Deferment. You should be aware that any full or partial surrender will have tax consequences. See TAX INFORMATION. We may deduct withholding taxes from the Surrender Value.
You may borrow from the Accumulation Value of Your Policy. Because this Policy is generally a MEC under the tax code, Policy loans can have tax consequences. Therefore, You should consult a tax adviser before taking a loan. You may borrow up to 75% of the Surrender Value during the first three Policy years, or 90% of the Surrender Value after the first three Policy years.
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Your Policy is assigned to Us as sole security. (The Surrender Value is the Accumulation Value, less any then-applicable surrender charge.) If Your Policy is continuing in force as Guaranteed Paid-Up Insurance, the Loan Value will be the Surrender Value on the next Policy Anniversary, less interest at the Policy Loan Interest Rate to the next Policy anniversary.
The smallest loan that may be made is $500, or the loan amount available, if less. A Policy loan may be repaid in full or in part. The loan repayment may not be less than $100, or the loan balance, if less. If You have a loan balance, We apply any amount We receive from You first to repay any loan balance with any excess applied as an additional premium. We may defer loan proceeds under certain conditions described under Payment and Deferment.
Interest on Policy loans accrues daily at an effective annual interest rate of 6%. Interest is due and payable at the end of each Policy year. When a Policy loan is made, a part of the Accumulation Value is transferred from the Subaccounts and/or the Fixed Account to the Loan Account. Conversely, when a loan repayment is made, a portion of the Accumulation Value in the Loan Account equal to the amount of the loan repayment is transferred back into the Subaccounts and the Fixed Account, if applicable.
On the first Business Day of each Policy year, and at the time a loan is taken or repaid, a Policy loan is made for any loan interest accrued and unpaid as of that time, and a corresponding transfer of Accumulation Value into the Loan Account is made. Amounts that are transferred into the Loan Account no longer earn the rates of return applicable to the originating accounts. Instead, they are credited with interest at an effective annual rate of 4%, during the period the loan is outstanding. Therefore, any Policy loan will permanently affect the Surrender Value and the Variable Death Benefit, whether or not repaid in whole or in part.
Policy loans are allocated among the Subaccounts and/or Fixed Account in the same proportion as the Accumulation Value then in each. Loan repayments and loan balancing transfers will be allocated among the Subaccounts and/or Fixed Account using the Premium allocation percentages then in effect. We subtract the amount of any outstanding loan plus accrued interest from any death benefit or any proceeds from a total surrender that We pay or from the amount applied to a settlement option.
If on any Monthly Deduction Date, Your outstanding loan with accrued interest ever equals or exceeds the Policys Surrender Value, We mail notice of such event (called a default) to You and any assignee, provided We have received notice of assignment, at the last known address within 30 days. The Policy terminates 61 days after the date of default. The Policy does not terminate if You make the required payment referred to below under Grace Period within that 61-day period.
Upon death of the Insured or total surrender, You or Your beneficiary may elect to apply all or a portion of the proceeds under any one of the following fixed benefit settlement options rather than receive a single payment of Policy proceeds. However, the Policy proceeds must be at least $1,000 and the settlement option chosen must result in an annual payment of at least $50.00. The amount of the payment under life income options will depend on the age and sex of the person whose life determines the duration of payments. There are no withdrawal rights under the settlement options, except for the Proceeds Left at Interest option. NNY may allow withdrawal of the present value of income payments under non-life contingent settlement options at its discretion. Federal tax consequences may vary depending on the settlement option chosen. You should consult a tax adviser prior to selecting a settlement option. The settlement options are as follows:
Proceeds Left at Interest
Proceeds left with Us to accumulate for any period agreed on, with interest payable at a rate of 21⁄2% per year, which may be increased by additional interest, in Our sole discretion.
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Payment of a Designated Amount
Payments in installments until proceeds applied under the option and interest on unpaid balance at a rate of 21⁄2% per year and any additional interest are exhausted. Whether any such additional interest would be paid would be solely within Our discretion.
Payment for a Designated Number of Years
Payments in installments for up to 25 years, including interest at a rate of 21⁄2% per year. Payments may increase by additional interest, which We would pay at the end of each installment year. Whether any such additional interest would be paid would be solely within Our discretion.
Life Income, Guaranteed Period
Payments guaranteed for 10 or 20 years, as You elect, and for life thereafter. During the guaranteed period of 10 or 20 years, the payments may be increased by additional interest, which We would pay at the end of each installment year. Whether any such additional interest would be paid would be solely within Our discretion.
Life Income, Guaranteed Return
The sum of the payments made and any payments due at the death of the person on whose life the payments are based, never to be less than the proceeds applied.
Life Income Only
Payments made only while the person on whose life the payments are based is alive. If the person on whose life the payments are based dies before any life payments are made, then no payments will be made.
The terms and conditions of the payment options are described in more detail in the Policy. Also, We may make other payment options available in Our sole discretion. When a payment option goes into effect, We will issue a separate payment contract that will contain additional terms and conditions applicable to the payment option selected. You may obtain additional information in this regard from Your representative.
Age and Sex
If You have misstated the age or sex of the Insured, the benefits available under the Policy are those that the premiums paid would have purchased for the correct age and sex. For purposes of the Policy and this prospectus, references to the Insureds age are to the issue age set forth in the Policy, plus the number of complete years elapsed since the Policys issue date.
Ownership
You may change the Ownership of this Policy. A change in Ownership will take effect on the date the change is signed by the previous Owner. However, any Policy transactions processed by Us prior to Us receiving notice of the change of Ownership will not be affected.
We will send all communications to the last address We have on record for the Owner. Therefore, You should send Us notice of any change in Your address. If a Policy has more than one Owner (i.e., there are joint owners of record), references in this prospectus to the Owner or to You and Your refer to such owners jointly. All joint Owners must join in any request, election or other exercise of rights under a Policy.
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Assignment
You may assign ownership rights under Your Policy from Yourself to someone else. However, the Assignment is not binding on Us unless it is in writing and filed with Us at Our Administrative Office. We assume no responsibility for the validity or sufficiency of any Assignment. Unless otherwise provided in the Assignment, the interest of any revocable beneficiary is subordinate to the interest of any assignee, regardless of when You made the Assignment. The assignee receives any sum payable to the extent of his or her interest.
Beneficiary
This is the entity, person or persons You designate in the Policy to receive death benefits upon the death of the Insured. You may change this designation during the Insureds lifetime. A change in beneficiary will take effect on the date the request is signed by You. However, any Policy Transactions processed by Us prior to Our receiving notice of the change of beneficiary will not be affected. If a beneficiary dies while the Insured is still living that beneficiarys interest will pass to any remaining beneficiary, unless You make a new beneficiary designation. If no beneficiary is living at the time an Insured dies, the death proceeds will be paid to You or, if You are deceased, to Your estate.
Right to Examine
You have a period of time to review Your Policy and cancel it for a return of the premium paid. The duration and terms of the right to examine period vary by state, and are stated on the cover of Your Policy. At a minimum, You can cancel Your Policy at any time within 10 days after You receive Your Policy. You must return Your Policy along with a written request for cancellation to Us at Our Administrative Office.
If Your Policy has an outstanding Policy loan, it goes into Default on any Monthly Deduction Date on which the Monthly Deduction exceeds the net Surrender Value. We will send You a Notice of Lapse within 30 days of Default. The Policy lapses, and thereby terminates without value, 61 days following the date of Default, as described under Grace Period below. A Policy that has lapsed may later be reinstated, subject to among other things, evidence of the Insureds continuing insurability. See Reinstatement.
If Your Policy does not have a loan balance, it continues in force even if the Monthly Deduction exceeds the net Surrender Value. During this time, Monthly Deductions continue to be deducted until the remaining Accumulation Value is insufficient to cover such Deduction, the Policys Accumulation Value is maintained as negative values and the Policys Death Benefit provision remains in effect. This means that the Policy will only have a positive Accumulation Value to the extent that You pay an additional premium amount that exceeds the amount necessary to pay the accrued undeducted charges.
Guaranteed Paid-Up Insurance Option
You have the option to elect Guaranteed Paid-Up Insurance by giving notice to Us. You will no longer have the option to pay any additional premiums. We calculate the amount of Guaranteed Paid-Up Insurance using the net Surrender Value of Your Policy as a net single premium based on the age of the Insured at the time You elect this option.
You can choose to continue any existing Policy loan under this option. In such case, the amount of Guaranteed Paid-Up Insurance will be calculated using the Surrender Value of this Policy as a net single premium as described above. When You elect this option for Guaranteed Paid-Up Insurance, the Accumulation Value in the Subaccounts and/or the Fixed Account is transferred to Our General Account. Subsequently, Your insurance benefits will not vary with the investment return. Once in Our General Account, the assets from the
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Accumulation Value in the Subaccounts and/or Fixed Account will be subject to general liabilities from Our business operations and to claims by Our general creditors.
Once You elect this option, You can surrender Your Guaranteed Paid-Up Insurance at any time for its Net Surrender Value. In determining that value, Surrender Charges will not apply. Your surrender request is effective on the date We receive Your notice and the Policy.
Exchange Privilege
The exchange privilege allows You to exchange the Policy for a permanent fixed life insurance policy that We issue on the Insureds life. The exchange privilege is available:
| within the first 18 months after the Policys issue date, or |
| if any Fund changes its investment adviser or makes a material change in its investment objectives or restrictions. |
You do not need to provide evidence of insurability to exercise this privilege. The new policy will have a face amount equal to the Face Amount of the Policy. It also has the same issue date and risk classification for the Insured as the Policy does. We will base premiums for the new policy on the premium rates for the new policy that were in effect on the new policy issue date.
In some cases, We may adjust the cash value on exchanges. The adjustment equals the Policys Surrender Value minus the new policys Surrender Value. If the result is positive, We pay that amount to You. If the result is negative, You pay that amount to Us. We will determine the amount of a cash adjustment as of the date We receive the Policy and written request at Our Administrative Office.
Grace Period
Within 30 days following Default, We will notify You of the amount required to prevent termination of Your Policy. We will also notify any assignee of record. Your Policy lapses, and thereby terminates without value, 61 days following the date of Default, unless We receive the required amount by such time. The death benefit payable during the grace period equals the death benefit in effect on the date of Default, less the required amount computed as of that date.
To continue Your Policy in force, You will be required to pay the amount equal to the estimated amount needed to keep Your Policy in force for three months from the date of Default. Any amounts received are applied as a loan repayment, to the extent of any outstanding loan balance, with the excess applied as an additional premium.
Incontestability
We will not contest the validity of the Policy and its riders after it has been in force during the lifetime of the Insured for two years from the date of issue. We will not contest the validity of any increase in Face Amount that was subject to evidence of insurability after such increase has been in force during the lifetime of the Insured for two years from the effective date of the increase.
Changes to the Policy
We have the right to change the terms of the Policy without Your consent where necessary to comply with applicable law. In particular, We can make any change or take any action We deem necessary in order for a Policy to continue to be treated as life insurance for federal income tax purposes. This could include, for example, refusing a partial surrender request or additional premium payment, revising a Policys schedule of net
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single premiums per dollar amount of insurance, requiring You to pay additional premiums, or making distributions to You from the Policy.
We may add or delete Subaccounts of Separate Account E or any other separate account as investment options under Your Policy. We may also make changes in, combine or reorganize, any of the Subaccounts. We may also replace any Fund with any other Fund or any other investment company or investment medium. We may also cause Separate Account E to terminate its registration under the 1940 Act, if at any time that is legally permitted.
It is not possible to foresee all of the reasons why We might make any changes such as those discussed in the preceding paragraph. Nevertheless, such reasons could include responding to any change in the investment program of any Fund; responding to any reorganization or liquidation of a Fund; terminating or replacing any investment option that has become unsuitable for any Policy; providing a more attractive selection of investment options to Policyowners, consistent with maintaining Our administration costs within reasonable limits; eliminating investment options in which Policyowners have evidenced limited interest; responding to a change in an investment adviser of a Fund or a change in control of any such adviser; and achieving administrative efficiencies that may benefit Us or Policyowners.
We will provide Policyowners with notice of any change that is material to them, but in the case of most of the changes discussed above, Policyowner agreement or approval would not be required. In some cases, regulatory approval or notice would be required. For example, as long as Separate Account E remains registered under the 1940 Act, current law requires, in many cases, that the SEC approve in advance the substitution of shares of any other Fund or investment company for the Fund shares in which any Subaccount invests.
State Variations
Where required by state law, there may be variations in the Policy which are covered by a special form of the Policy for Your state. Your Policy, as a result, may differ, from those described in this prospectus. You should refer to Your Policy and any applicable riders for terms that are specific to Your characteristics. We offer the Policy in most states. Check with Your representative regarding availability in Your state. The Policy is offered continuously. Although We do not anticipate discontinuing the offer of the Policy, We reserve the right to do so at any time.
Payment and Deferment
We will usually pay the death benefit, partial or full Surrender Value, or loan proceeds within seven days after We receive all documents required for such payments. However, We may delay payment:
1. | if a recent payment that You made by check has not yet cleared the bank (We will not wait more than 15 days for a check to clear); or |
2. | during any period: |
| The New York Stock Exchange (NYSE) is closed other than customary weekend and holiday closings, |
| Trading on the NYSE, as determined by the SEC, is restricted, |
| An emergency, as determined by the SEC, exists as a result of which disposal of the Separate Accounts securities is not reasonably practicable or it is not reasonably practicable to determine the value of the Separate Accounts net assets, or |
| The SEC may by order permit for the protection of security holders. |
Under a Policy continued as Guaranteed Paid-Up insurance or with respect to values held in the Fixed Account, We may defer the payment of the full or partial Surrender Value or loan proceeds for up to six months. If We postpone the payment more than 10 days, We pay interest at a rate of not less than 2.5% per year on the
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Surrender Value. We pay the interest from the date of surrender to the date We make payment.
Non-Participating Policy
This Policy does not provide for dividend payments. Therefore, it is non-participating in the earnings of NNY.
Policy Months, Years and Anniversaries
We measure Policy months, years and anniversaries from the date of issue of the Policy, which is generally the date on which We approve the application. Each Policy year commences on the anniversary of the date of issue.
You may request reinstatement of a Policy that You did not surrender for its Surrender Value, within three years from the date of Default, in accordance with the Policy. You may not reinstate a Policy if You previously elected the Guaranteed Paid-Up Insurance Option. The conditions that You must meet to reinstate a Policy, and the amounts that You have to pay, are set forth in the Policy. We have two years from the effective date of reinstatement to contest the truth of statements or representations in Your application for reinstatement.
Suicide
If the Insured commits suicide within two years from the Policys issue date, Our liability is limited to all premiums paid, less any indebtedness. If the Insured commits suicide within two years of an increase in Face Amount that was subject to evidence of insurability, the following adjustments are reflected in the death proceeds:
1. | the Variable Death Benefit is reduced by one minus the ratio of the Variable Death Benefit immediately preceding the increase to the Variable Death Benefit immediately following the increase; and |
2. | the premium paid at the time of the increase in Face Amount is refunded and is not reflected in the Minimum Guaranteed Death Benefit. |
Valuation of Assets
We determine the Unit Values of the Subaccounts of Separate Account E and the Fixed Account as of the close of regular trading on the NYSE (normally 4:00 p.m. Eastern Time) each day that the NYSE is open (Business Day). The NYSE is closed on most national holidays and Good Friday. In the event that the NYSE closes early, the Unit Values will be determined as of the time of the closing. We value the shares of each Fund at the net asset value per share as determined by the Fund. Each Fund determines the net asset value of its shares as described in the Funds prospectus.
Processing Transactions
Generally, Your transaction requests (such as loan repayments, transfers and reallocation requests) will be processed as of the Business Day We receive them, if We receive them at Our Administrative Office in Good Order (i.e., in form and substance acceptable to Us) before the close of business on that day (generally 4 p.m. Eastern Time). If Your transaction request is received at Our Administrative Office in Good Order after the close of a Business Day, it will be deemed received and processed on the next Business Day. To meet Our requirements for processing transactions, We may require that You use Our forms.
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We describe below the fees and charges that You are required to pay to purchase and maintain the Policy. We guarantee that once You have purchased Your Policy, We will not increase the amount of the Separate Account Charge, the Transfer Fee or the Partial Surrender Fee. The discussion that follows, as well as the names given to certain charges, indicate the principal purpose of the fees. Nevertheless, the revenues from these charges may be used by Us for any purpose, including a purpose for which another charge is imposed, or retained by Us as a profit.
Transaction Fees
We charge fees for certain transactions as indicated below.
Transfer Fee
We charge a transfer fee of $10 for each transfer of Accumulation Value between any two or more of the Subaccounts, or between one or more Subaccounts and the Fixed Account, in excess of four per Policy Year, excluding transfers made under the Systematic Transfer Option or the Automated Subaccount Reallocation Option.
Partial Surrender Fee
We charge a $25 fee to process each partial surrender.
Surrender Charge
We deduct a Surrender Charge from the amount of full or partial surrenders of Accumulation Value to the extent they exceed the Preferred Surrender Amount. The Preferred Surrender Amount is equal to the greater of (a) or (b), where:
(a) is equal to:
1. | the Accumulation Value on the date of any full or partial surrender; less |
2. | the total of the Adjusted Premiums, which is the total premiums paid (other than those to which previous prior partial surrenders have been allocated); and |
(b) | is equal to 10% of the total of the Adjusted Premiums at the beginning of the Policy Year, less any partial surrenders previously made in the same Policy Year. |
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The Surrender Charge is a percentage of the surrender that exceeds the Preferred Surrender Amount (the Adjusted Surrender Amount). The percentage declines based upon the number of years the corresponding premium has been invested and the age of the Insured on the date of the premium payment as shown in the table below.
Number of Years from Effective Date of Premium to Date of Surrender |
For Policies Issued Before 10/1/2008 Premium Payment |
|||||||||||||||||||||||
Ages 0-49 |
Ages 50-59 |
Ages 60-69 |
Ages 70-80 |
Ages 8 1-85 |
Ages 86-95 |
|||||||||||||||||||
Less than 1 |
9.5 | % | 8.5 | % | 7.0 | % | 6.0 | % | 5.0 | % | 0.0 | % | ||||||||||||
1-2 |
8.0 | % | 7.0 | % | 6.0 | % | 4.5 | % | 4.0 | % | 0.0 | % | ||||||||||||
2-3 |
7.0 | % | 6.0 | % | 5.0 | % | 4.0 | % | 3.0 | % | 0.0 | % | ||||||||||||
3-4 |
6.0 | % | 5.0 | % | 4.0 | % | 3.0 | % | 2.0 | % | 0.0 | % | ||||||||||||
4-5 |
5.0 | % | 4.0 | % | 3.0 | % | 2.0 | % | 1.0 | % | 0.0 | % | ||||||||||||
5-6 |
4.0 | % | 3.0 | % | 2.0 | % | 1.0 | % | 0.0 | % | 0.0 | % | ||||||||||||
6-7 |
3.0 | % | 2.0 | % | 1.0 | % | 0.0 | % | 0.0 | % | 0.0 | % | ||||||||||||
7-8 |
2.0 | % | 1.0 | % | 0.0 | % | 0.0 | % | 0.0 | % | 0.0 | % | ||||||||||||
8-9 |
1.0 | % | 0.0 | % | 0.0 | % | 0.0 | % | 0.0 | % | 0.0 | % | ||||||||||||
More than 9 |
0.0 | % | 0.0 | % | 0.0 | % | 0.0 | % | 0.0 | % | 0.0 | % |
Number of Surrender |
For Policies Issued On and After 10/1/2008 Premium Payment |
|||||||||||||||||||||||
Ages 0-20 |
Ages 21-30 |
Ages 31-70 |
Ages 71-80 |
Ages 81-85 |
Ages 86-95 |
|||||||||||||||||||
Less than 1 |
9.00 | % | 8.00 | % | 7.00 | % | 6.00 | % | 5.00 | % | 0.00 | % | ||||||||||||
1-2 |
8.00 | % | 7.00 | % | 6.25 | % | 4.50 | % | 4.00 | % | 0.00 | % | ||||||||||||
2-3 |
7.00 | % | 6.00 | % | 5.75 | % | 4.00 | % | 3.00 | % | 0.00 | % | ||||||||||||
3-4 |
6.00 | % | 5.00 | % | 5.00 | % | 3.00 | % | 2.00 | % | 0.00 | % | ||||||||||||
4-5 |
5.00 | % | 4.00 | % | 4.00 | % | 2.00 | % | 1.00 | % | 0.00 | % | ||||||||||||
5-6 |
4.00 | % | 3.00 | % | 3.00 | % | 1.00 | % | 0.00 | % | 0.00 | % | ||||||||||||
6-7 |
3.00 | % | 2.00 | % | 2.00 | % | 0.00 | % | 0.00 | % | 0.00 | % | ||||||||||||
7-8 |
2.00 | % | 1.00 | % | 1.00 | % | 0.00 | % | 0.00 | % | 0.00 | % | ||||||||||||
8-9 |
1.00 | % | 0.00 | % | 0.00 | % | 0.00 | % | 0.00 | % | 0.00 | % | ||||||||||||
More than 9 |
0.00 | % | 0.00 | % | 0.00 | % | 0.00 | % | 0.00 | % | 0.00 | % |
We apply the Surrender Charge to the Adjusted Surrender Amount in the following order: first against the most recent additional premiums which are still in effect, in the reverse order in which the additional premiums were received; and, then against any of the initial premium which is still in effect. A partial surrender reduces Your Accumulation Value. It also reduces the Guaranteed Minimum Death Benefit of Your Policy in the proportion that the total amount of the surrender bears to the total Accumulation Value of the Policy immediately prior to the surrender.
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PERIODIC CHARGES DEDUCTED FROM THE SUBACCOUNT VALUE
Cost of Insurance Protection Charge
We deduct a charge from the Subaccount assets attributable to Your Policy for the cost of insurance protection. We determine the current Cost of Insurance Charge by multiplying the total Accumulation Value by a Cost of Insurance Rate, expressed as a percentage of Accumulation Value. We may change the method for determining the charge, including one based on the Policys Net Amount at Risk. This Cost of Insurance Rate is based upon Your age, sex and underwriting classification (See Deduction of Cost of Insurance Protection from Accumulation Value). We expect to make a profit from this charge.
For policies issued before 10/1/2008, Our minimum and maximum annual current cost of insurance rates, as well as the rate for Our representative Insured as a percentage of the Accumulation Value are:
| minimum: 0.00%; |
| maximum: 0.19%; |
| standard case: 0.06%. |
For policies issued on and after 10/1/2008, Our minimum and maximum annual current cost of insurance rates, as well as the rate for Our representative Insured as a percentage of the Accumulation Value are:
| minimum: 0.00%; |
| maximum: 0.24%; |
| standard case: 0.05% |
The representative Insured referred to above is a male, age 55 at the Policy issue date, and in Our standard non-tobacco user underwriting class. The rate shown is for the first Policy year. We have the right to increase the charges shown, but not above the guaranteed maximum rates set forth in the Policy.
Separate Account Charge
We deduct from the Subaccount assets attributable to Your Policy a monthly charge to defray administrative and sales expenses and to compensate Us for certain mortality and expense risks that We assume. We compute the charge at an effective annual rate of 1.75% of the Subaccount Accumulation Value attributable to Your Policy. The mortality risk that We assume is that the person named as the Insured under the Policy will live for a shorter time than We have estimated. In that case, We will not receive enough from premiums and other charges to compensate Us for the death benefit We must pay. The expense risk We assume is that the expenses We incur in issuing and administering the Policies will be greater than We have estimated and based Our other charges on.
Policy Loan Interest
If You have an outstanding Policy loan, We charge interest that accrues daily at an effective annual rate of 6% compounding on each Policy anniversary.
The Policy loan interest rate is 6%. However, We credit You interest on amounts held in the Loan Account at an effective annual rate of 4%. As a result, the net interest rate as a cost to You is 2%.
Income Tax Charge
We do not expect to incur any federal income tax as the result of the net earnings or realized net capital gains of Separate Account E. However, if We did incur such tax, We reserve the right to charge the Separate Account for the amount of the tax. We may also impose charges for other applicable taxes attributable to the Separate Account.
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Deductions from the Funds
Charges deducted from, and expenses paid out of, the assets of the funds are described in the prospectuses for the funds.
We begin to accrue and deduct all of the above charges and premiums on a Policys issue date. If a Monthly Deduction Date is not a Business Day, the Policys monthly deduction will be made as of the end of the next Business Day.
The Policies are no longer offered for new sales, but existing Policyowners may continue to make premium payments. As such, the Policy is considered to be continuously offered by NNY and the Separate Account.
Prior to the acquisition of FLIAC by NNY, Foresters Financial Services, Inc., an affiliate of FLIAC, served as principal underwriter for the Policies. As a result of the acquisition of FLIAC by NNY, effective July 1, 2020, 1851 Securities, Inc., an affiliate of NNY due to common control, assumed the role of the principal underwriter for the Policies. 1851 also serves as principal underwriter for other variable insurance products issued by NNY and its affiliated companies. NNY or an affiliate thereof reimburses 1851 for expenses that 1851 incurs in serving its principal underwriting function for variable insurance products of NNY. 1851 does not receive or retain any fees imposed by NNY under variable insurance products issued by NNY; however, 1851 may receive 12b-1 fees or other payments from underlying funds or their affiliates.
1851s principal executive offices are located at One American Row, Hartford, CT 06103. 1851 is registered as a broker-dealer with the Securities and Exchange Commission (SEC) under the Securities Exchange Act of 1934 (the 1934 Act), as well as the securities commissions in the states in which it operates and is a member of the Financial Industry Regulatory Authority (FINRA).
1851 and NNY have entered into a selling agreement with Cetera Investment Services LLC (Cetera) to cover Ceteras continued servicing of Policies held by Cetera customers. This agreement also covers Ceteras sale and servicing of other variable annuity contracts and variable life insurance policies issued by NNY (including those contracts and policies assumed by NNY in connection with the Merger of FLIAC into NNY). Cetera is registered as a broker-dealer with the SEC under the 1934 Act and is a member of FINRA.
Compensation
Under Our agreement with Cetera, We may pay compensation to Cetera in the form of commissions when a premium payment is made under a Policy. We pay commissions of 7.18% on premiums paid during the first Policy year and 0% on premiums paid thereafter. No other sales compensation is paid with respect to any other Policyowner transactions under the Policy. After the first Policy year, We may also pay Cetera an amount equal to 0.15% of a Policys Accumulation Value on an annual basis.
A portion of the compensation paid by NNY to Cetera is used by Cetera to pay commissions or other compensation to its registered representatives who service the Policy, depending on the agreement between Cetera and the registered representative. Such representatives act as appointed agents of NNY under applicable state insurance law and must be licensed to sell variable insurance products. Cetera or a registered representative may receive different compensation for selling or servicing one variable insurance product compared to another.
To the extent permitted by FINRA rules and otherwise applicable law, overrides and promotional incentives or cash and non-cash payments (including training reimbursement or training expenses) also may be made to Cetera based on premium payments invested in the Policy. Additional payments may be made to Cetera that are not directly related to the investment of additional premium payments in the Policy, such as payments related to the recruitment and training of personnel, production of promotional literature and similar services.
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The Policy does not assess a front-end sales charge, so You do not directly pay for the sales and distribution expenses of NNY when You make a premium payment. You indirectly pay for sales and distribution expenses of NNY through the overall charges and fees assessed under the Policy. For example, any profits NNY may realize through receiving the separate account charge deducted under Your Policy may be used to pay for sales and distribution expenses. NNY may also pay for sales and distribution expenses out of any payments NNY or 1851 may receive for providing administrative, marketing and other support and services to the Funds. Currently, neither NNY nor 1851 receives such payments with respect to the Policies. Depending on when You made Your last premium payment, Your Policy may be subject to a Surrender Charge if You fully or partially surrender the Policy. See FEES, CHARGES AND EXPENSESSurrender Charge under DESCRIPTION OF THE POLICY. Proceeds received by NNY from any Surrender Charges imposed under the Policy may be used to reimburse NNY for sales and distribution expenses.
FEDERAL TAX INFORMATION |
This section provides an overview of federal tax law as it pertains to the Policy. It assumes that the Policyowner is a natural person who is a U.S. citizen or U.S. resident. The tax law applicable to corporate taxpayers, non- U.S. citizens, and non-U.S. residents may be different. We do not discuss state or local taxes herein, except as noted. The tax laws described herein could change, possibly retroactively.
The discussion is very general in nature. It does not cover all of the relevant federal tax law considerations and it does not address all of the details of the considerations that it does cover. Therefore, the below discussion is intended only to provide a general overview rather than to serve as a basis for a decision about whether to purchase a Policy or take any other action with respect to a Policy. For such advice, You should consult a qualified tax adviser. We strongly recommend that You obtain such advice prior to taking any such action.
Policy Proceeds
We believe that the Policy qualifies as a life insurance contract for federal income tax purposes because it meets the definition of life insurance contract in Section 7702 of the Internal Revenue Code of 1986, as amended (Code). Under Section 7702, a Policy will generally be treated as life insurance for federal tax purposes if at all times it meets either a guideline premium test or a cash value accumulation test. We have designed Your Policy to comply with only the cash value accumulation test. The investments of each Subaccount also satisfy the investment diversification requirements of Section 817(h) of the Code. Consequently:
| the death benefit will, if and when paid, be excluded from the gross income of the beneficiary for federal income tax purposes; |
| the growth of the Accumulation Value of the Policy, if any, that is attributable to the investments in the Subaccounts and the Fixed Account (known as the inside build-up) will not be subject to federal income tax, unless and until there is a distribution from the Policy (Policy loan and/or full or partial surrender); and |
| transfers among Subaccounts are not taxable events for purposes of federal income tax. |
Surrenders and Loans
We have designed the Policy to be a MEC for federal income tax purposes. As a result, any loan, partial withdrawal, Assignment, pledge, lapse or surrender (a Policy transaction) by You is taxable to You to the extent there are gains in the Policy, and if the Policy transaction occurs before the age of 591⁄2, a 10% penalty tax will also apply to any such taxable amounts, unless You qualify for one of the exceptions.
A Policy that is classified as a MEC continues to be a life insurance contract for purposes of the federal income tax treatment of the death benefit and inside build-up. However, distributions are treated differently. Distributions from a Policy that is classified as a MEC are taxed on an income first basis (that is, if a Policy is
33
a MEC, generally distributions are taxed as earnings first, followed by a return of the Policys cost basis). If a Policy is a MEC, distributions include partial and full surrenders. Also, Policy loans from a MEC may be taxable. Furthermore, if a Policy that is not a MEC becomes a MEC, distributions that occur prior to the date on which it became a MEC may also be subject to the MEC rules. Finally, subject to certain exceptions, taxable distributions that are made from a MEC prior to age 591⁄2 are subject to an additional 10% penalty. If a Policy is a MEC, any Policy that is issued in exchange for it will also be a MEC. Furthermore, all MECs that are issued by Us to a Policyowner in any calendar year will be treated as one policy under the MEC rules.
It is possible that a Policy that is issued in exchange for another insurance Policy that is not a MEC will not be treated as a MEC. If You are considering such an exchange, You should first consult with Your tax counsel concerning the tax treatment of such a Policy.
Whether or not a Policy is a MEC, if the Policy lapses after a Grace Period, the amount of any loan balance that You do not repay will, for federal income tax purposes, be treated as a distribution to You. That amount, therefore, may be subject to federal income tax (and, in the case of a MEC, tax penalties may apply), in the manner and to the extent discussed above for other distributions from a Policy.
Tax Withholding
Regardless of whether Your Policy is a MEC, whenever there is a taxable distribution from the Policy, the amount of any gain is subject to federal income tax withholding and reporting. We will not withhold income tax if You so request in writing before the payment date. However, in such event, You are responsible for any potential tax penalties that may result from Our failure to withhold taxes.
Estate and Generation Skipping Taxes
Because of the complex nature of the federal tax law, We recommend that You consult with a qualified tax adviser about the estate tax implications associated with purchasing a Policy. The Code provides an exemption for federal estate tax purposes (indexed for inflation annually) that may apply in whole or in part depending on Your individual circumstances. An unlimited marital deduction may be available for assets left to a U.S. citizen spouse. The marital deduction defers estate and gift taxes until the death of the surviving spouse. Any unused exemption in one spouses estate will be available in most cases to the surviving spouse.
When the Insured dies, the death benefit payable under the Insureds Policy will generally be included in the Insureds estate for federal estate tax purposes if (1) the Insured and the Policyowner are the same or (2) the Insured held any incident of ownership in the Policy at the death or at any time within three years of death. An incident of ownership is, in general, any right that may be exercised by the Policyowner, such as the right to borrow from the Policy or to name a new beneficiary.
If a Policyowner (whether or not he or she is the Insured) transfers ownership of the Policy to another person, such transfer may be subject to federal gift tax. In addition, if a Policyowner transfers the Policy to someone two or more generations younger than the Policyowner, the transfer may be subject to the federal generation-skipping transfer tax (GSTT). Similarly, if the beneficiary is two or more generations younger than the Insured, the payment of the death benefit to the beneficiary may be subject to the GSTT. The Code provides an exemption for purposes of the GSTT. The Code provides an exemption to the GSTT (indexed for inflation annually) that may apply in whole or in part depending on Your individual circumstances.
Certain Other Tax Issues
We are taxed as a life insurance company under the Code. We do not expect to incur any federal income tax as a result of the net earnings or realized net capital gains attributable to Separate Account E. Based upon this expectation, no charge is currently assessed against Separate Account E for such tax. If We incur such tax in the
34
future, We may assess a charge for such tax against Separate Account E. We may incur state and local income taxes (in addition to premium taxes) attributable to Separate Account E in several states. At present, these taxes are not significant and We do not impose any charge for such taxes against Separate Account E. We may, however, assess Separate Account E for such taxes in the future. If any charges for federal, state or local taxes are assessed against Separate Account E in the future, they could reduce the net investment performances of the Subaccounts. In order for a Policy to be treated as a life insurance contract for federal income tax purposes, the investments of each Subaccount of Separate Account E to which premiums under the Policy are allocated must be adequately diversified in accordance with the Code and Treasury Department regulations. The investment advisers of the Funds monitor each Funds portfolio to ensure that the diversification requirements are met, because, for purposes thereof, a Funds assets are treated as if they are owned by each Subaccount that invests therein.
Each of the Funds available under the Policy sells its shares not only to Separate Account E but also to other separate accounts which fund variable life insurance policies and variable annuity contracts. We do not anticipate any disadvantages resulting from this arrangement. However, it is possible that a material conflict of interest could arise between the interests of Policyowners and Contractowners which invested in the same Fund. If such a conflict were to arise, We would take whatever steps were necessary to protect the interests of Policyowners and Contractowners, including potentially substituting a different fund or funds for the Fund. In order for the Policies to continue to be treated as life insurance for federal income tax purposes, the Funds must limit the availability of their shares to certain types of purchasers. For example, if a variable annuity contract participating in a Fund does not qualify as life insurance or as an annuity for federal income tax purposes, Policies investing in that Fund could, as a result, also cease to be taxed as life insurance.
If Your Policy were to ever fail to qualify for taxation as a life insurance contract as discussed above, You would generally be subject to current federal income tax on any net income and gains of the Subaccounts in which You have Accumulation Value, and the Policys death benefit proceeds would lose their income tax-free status. These tax consequences would apply for the period of the failure and could continue for as long as Your Policy remains in force. This, however, is a risk that is also common to most other variable life insurance policies and variable annuities.
Under certain circumstances, a Policyowners control of the investments of Separate Account E may cause the Policyowner, rather than Us, to be treated as the owner of the assets in Separate Account E for federal tax purposes, which would result in the current taxation of the net income and net realized gains on those assets to the Policyowner. Based upon existing Internal Revenue Service (IRS) guidance, We do not believe that the ownership rights of a Policyowner under the Policy would result in the Policyowners being treated as the owner of the assets of the Policy. However, We do not know whether additional guidance will be provided by the IRS on this issue and what standards may be contained in such guidance. Therefore, We reserve the right to modify the Policy as necessary to attempt to prevent a Policyowner from being considered the owner of a pro rata share of the assets of the Policy.
OTHER INFORMATION |
Because Funds are not required to have annual shareholder meetings, Policyowners generally will not have an occasion to vote on matters that pertain to the Funds. In certain circumstances, one or more of the Funds may be required to hold a shareholders meeting or may choose to hold one voluntarily. If a Fund holds a meeting at which shareholders are entitled to vote, Policyowners will have the opportunity to provide voting instructions for shares of the Fund held by a Subaccount in which their Policy invests. We will vote the shares of any Fund held in a corresponding Subaccount or directly, at any such shareholders meeting as follows:
| shares attributable to Policyowners for which We have received instructions, in accordance with the instructions; |
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| shares attributable to Policyowners for which We have not received instructions, in the same proportion that We voted shares held in the Subaccount for which We received instructions; and |
| shares not attributable to Policyowners, in the same proportion that We have voted shares held in the Subaccount attributable to Policyowners for which We have received instructions. |
We will vote Fund shares that We hold directly in the same proportion that We vote shares held in any corresponding Subaccounts that are attributable to Policyowners and for which We receive instructions. However, We will vote Our own shares as We deem appropriate where there are no other shares held by Policyholders in any Subaccount. We will present all the shares of any Fund that We hold through a Subaccount or directly at any Fund shareholders meeting for purposes of determining a quorum. As a result of proportional voting, the votes cast by a small number of Policyowners may determine the outcome of a vote.
We will determine the number of Fund shares held in a corresponding Subaccount that is attributable to each Policyowner by dividing the value of the Policys Accumulation Value in that Subaccount by the net asset value of one Fund share. We will determine the number of votes that a Policyowner has the right to cast as of the record date established by the Funds. We will solicit instructions by written communication before the date of the meeting at which votes will be cast. We will send meeting and other materials relating to the Fund to each Policyowner having a voting interest in a Subaccount.
The voting rights that We describe in this prospectus are created under applicable laws. If the laws eliminate the necessity to submit such matters for approval by persons having voting rights in separate accounts of insurance companies or restrict such voting rights, We reserve the right to proceed in accordance with any such changed laws or regulations. We specifically reserve the right to vote shares of any Fund in Our own right, to the extent permitted by law.
NASSAU LIFE (NNY) LEGAL PROCEEDINGS
The Company is regularly involved in litigation and arbitration, both as a defendant and as a plaintiff. The litigation and arbitration naming the Company as a defendant ordinarily involves the Companys businesses and operations. In certain of these matters, the plaintiffs are seeking large and/or indeterminate amounts, including punitive or exemplary damages. The Separate Account and the principal underwriter is not currently involved in any litigation or arbitration.
The Company periodically receives informal and formal requests for information from various state and federal governmental agencies and self-regulatory organizations related to the Companys products and practices. It is the Companys practice to cooperate fully in these matters.
It is not feasible to predict or determine the ultimate outcome of all litigation, arbitration, or regulatory proceedings or to provide reasonable ranges of potential losses. It is believed that the outcome of the litigation, arbitration, and regulatory matters are not likely, either individually or in the aggregate, to have a material adverse effect on the financial condition of the Company beyond the amounts already reported in the Companys financial statements nor to have a material adverse effect on the principal underwriter. However, given the large or indeterminate amounts sought in certain of these matters and the inherent unpredictability of litigation, arbitration and regulatory investigations, it is possible that an adverse outcome in certain matters could, from time to time, have a material adverse effect on the results of operations or cash flows in particular quarterly or annual periods with respect to each of the Company and the principal underwriter.
California Lapse Litigation: The Company is currently defending two putative class actions filed against Foresters Life and Annuity Insurance Company (FLIAC), which was merged into the Company effective July 8, 2020. Both cases allege FLIAC lapsed life insurance policies without fully complying with California Insurance Code §§ 10113.71 and 10113. 72 (the Statutes). The California Supreme Court held in McHugh v.
36
Protective Life Insurance that the Statues applied to all life insurance policies issued and delivered in California, including those issued before the Statutes were enacted on January 1, 2013. The cases each purport to seek certification of a class comprised of all California policyowners whose policies lapsed without FLIAC first fully complying with the Statutes from January 1, 2013 through the present. As detailed below, neither case has resulted in a class being certified and both are currently proceeding as individual cases covering only the claims of the named plaintiffs.
Siino v. Foresters Life and Annuity Insurance Company: A putative class action was filed on April 28, 2020 against FLIAC. Plaintiff sought various forms of declaratory relief and asserted claims for breach of contract and violations of Californias Unfair Competition Law. On April 30, 2021, Plaintiff filed a motion for class certification. On January 12, 2022, the district court denied Plaintiffs motion for class certification. Plaintiff filed a motion for partial summary judgment on her declaratory relief claim on December 8, 2022. On July 7, 2023, the district court entered an order granting in part and denying in part the requested relief. On August 11, 2023, Plaintiff requested dismissal of her remaining causes of action with prejudice, and requested final judgment in the case. The district court dismissed the remaining claims on August 14, 2023. FLIAC appealed the summary judgment decision to the United States Court of Appeals for the Ninth Circuit on September 12, 2023. Plaintiff filed a cross-appeal on September 18, 2023, challenging the district courts denial of class certification. FLIAC filed its opening brief on February 6, 2024, and Plaintiff currently has a May 6, 2024 deadline to file her opening brief. The Company disputes the allegations in the complaint and will continue to vigorously defend this lawsuit.
Velez v. Foresters Life and Annuity Insurance Company: A putative class action was filed in the Los Angeles County California Superior Court on October 27, 2022 against FLIAC. Plaintiff seeks declaratory relief and asserts claims under Californias Unfair Competition Law. FLIAC removed the case to the United States District Court for the Central District of California on December 9, 2022. On August 15, 2023, Plaintiffs filed their motion for class certification. Plaintiffs later voluntarily withdrew their motion for class certification on October 18, 2023. On April 1, 2024, the parties filed a joint stipulation to stay the case in light of the appeal to the United States Court of Appeals for the Ninth Circuit in Siino v. Foresters Life and Annuity Insurance Company. The Court entered an order granting the stay on April 3, 2024. The Company disputes the allegations in the complaint and will continue to vigorously defend this lawsuit.
Our variable life insurance is offered through broker-dealers that are registered with the SEC and are members of FINRA. At least twice each year, We will make available reports and other materials that contain financial information about the Funds, as required by applicable law. In addition, unless otherwise agreed, We will send You a confirmation on behalf of the broker-dealers through which the variable life insurance transaction is processed, after each transaction that affects the value of Your Policy, and at least once each year We will send a statement that gives You financial information about Your Policy, including, to the extent applicable, Your scheduled fixed premium payments.
If several members of the same household each own a Policy, We may send only one such report or prospectus to that address, unless You instruct Us otherwise. You may receive additional copies by calling or writing Us.
Audited financial statements of the Separate Account and Nassau Life are included in the Statement of Additional Information. For a free copy of the Statement of Additional Information, simply call or write to our Customer Service Office. The Statement of Additional Information is also available on the SECs website at www.sec.gov.
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APPENDIX A: Funds Available Under the Policy
The following is a list of underlying Funds available under the Policy. More information about the underlying Funds is available in the prospectuses for the Funds, which may be amended from time to time and can be found online at https://dfinview.com/Nassau-PHL/TAHD/NAS000023. You can also request this information at no cost by calling 1-800-832-7783 or by sending an email request to customer_contact_center@nfg.com.
The current expenses and performance information below reflects fees and expenses of the Funds, but does not reflect the other fees and expenses that Your Contract may charge. Expenses would be higher and performance would be lower if these charges were included.
Each Funds past performance is not necessarily an indication of future performance.
Type/Investment Objective | Fund Investment Adviser Sub-Advisers(s) |
Current Expenses |
Average Annual Total Returns (as of 12/31/23) |
|||||||||||||||
1 Year | 5 Years | 10 Years | ||||||||||||||||
To seek high current income. | Macquarie VIP Fund for Income Series Delaware Management Company
Macquarie Investment Management Global Limited; Macquarie Investment Management Austria Kapitalanlage AG; Macquarie Investment Management Europe Limited |
0.75 | %* | 13.27 | % | 5.16 | % | 3.94 | % | |||||||||
To seek long-term growth of capital and current income. | Macquarie VIP Growth and Income Series Delaware Management Company
Macquarie Investment Management Global Limited |
0.72 | %* | 12.11 | % | 12.14 | % | 8.00 | % | |||||||||
To seek long-term capital growth. | Macquarie VIP International Core Equity Series Delaware Management Company
Macquarie Investment Management Global Limited |
0.86 | %* | 13.58% | 6.08% | 4.76% | ||||||||||||
To seek to generate a maximum level of income consistent with investment primarily in investment grade debt securities. | Macquarie VIP Investment Grade Series Delaware Management Company
Macquarie Investment Management Global Limited; Macquarie Investment Management Austria Kapitalanlage AG; Macquarie Investment Management Europe Limited |
0.63 | %* | 7.57 | % | 2.22 | % | 2.37 | % |
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Type/Investment Objective | Fund Investment Adviser Sub-Advisers(s) |
Current Expenses |
Average Annual Total Returns (as of 12/31/23) |
|||||||||||||||
1 Year | 5 Years | 10 Years | ||||||||||||||||
To seek current income consistent with low volatility of principal. | Macquarie VIP Limited Duration Bond Series Delaware Management Company
Macquarie Investment Management Global Limited; Macquarie Investment Management Austria Kapitalanlage AG; Macquarie Investment Management Europe Limited |
0.53 | %* | 5.29 | % | 1.60 | % | 0.68 | % | |||||||||
To seek long-term capital growth. | Macquarie VIP Opportunity Series Delaware Management Company
Macquarie Investment Management Global Limited |
0.83 | %* | 16.30 | % | 12.25 | % | 7.37 | % | |||||||||
To seek long-term growth of capital. | Macquarie VIP Growth Equity Series Delaware Management Company
Macquarie Investment Management Global Limited |
0.77 | % | 38.40 | % | 17.90 | % | 13.50 | % | |||||||||
To seek to provide sustainable current income with potential for capital appreciation with moderate investment risk. |
Macquarie VIP Total Return Series Delaware Management Company
Macquarie Investment Management Global Limited; Macquarie Investment Management Austria Kapitalanlage AG; Macquarie Investment Management Europe Limited |
0.85 | %* | 12.63 | % | 7.06 | % | 4.90 | % | |||||||||
To seek capital appreciation. | Macquarie VIP Small Cap Value Series Delaware Management Company
Macquarie Investment Management Global Limited |
0.78 | % | 9.45 | % | 10.21 | % | 7.06 | % | |||||||||
Seeks to maximize current income to the extent consistent with preservation of capital and the maintenance of liquidity by investing exclusively in high quality money market instruments. | Goldman Sachs Government Money Market Fund (Institutional Class) Goldman Sachs Asset Management, L.P. |
0.19 | %* | 5.05 | % | 1.82 | % | 1.19 | % |
* | This Funds annual expenses reflect temporary fee reductions. |
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To learn more about the Policy, NNY and the Separate Account, You can obtain a copy of the Statement of Additional Information (SAI), dated May 1, 2024. The SAI is incorporated by reference into this prospectus. For a free copy of the SAI, or for general inquiries, contact Our Administrative Office.
Reports and other information about NNY and the Separate Account are available on the SECs website at http://www.sec.gov, and copies of this information may be obtained, upon payment of a duplicating fee, by electronic request at publicinfo@sec.gov.
EDGAR Contract Identifier C000221954
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FIRST INVESTORS LIFE SEPARATE
ACCOUNT E INDIVIDUAL VARIABLE LIFE
INSURANCE POLICIES OFFERED BY
NASSAU LIFE INSURANCE COMPANY
Statement of Additional Information dated May 1, 2024 |
Administrative Office
Regular Mail: P.O. Box 22012, Albany, New York 12201
Overnight Mail: 15 Tech Valley Drive, Suite 201, East Greenbush, New York 12061-4142
Phone Number: 1-800-832-7783 (9:00 A.M. and 5:00 P.M., Eastern Time)
Fax: 1-321-400-6316
Website: www.nfg.com
This Statement of Additional Information (SAI) is not a prospectus and should be read in conjunction with the prospectuses for the individual variable life insurance policies offered by Nassau Life Insurance Company through First Investors Life Separate Account E (Separate Account E or the Separate Account), which may be obtained at no cost by contacting Our Administrative Office, or by visiting Our website at www.nfg.com. Separate Account E currently funds two individual variable life insurance policies: Variable Universal Life, a flexible premium adjustable variable life insurance policy (VUL) with a prospectus dated May 1, 2024 and Single Premium Variable Life Insurance Policy, a modified single premium variable life insurance policy (SPVL) with a prospectus dated May 1, 2024.
Unless otherwise noted, the terms used in this SAI have the same meanings as in the prospectuses.
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Nassau Life Insurance Company. NNY is a stock life insurance company organized under the laws of the State of New York. NNY is authorized to conduct life and annuity business in all 50 states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands. The statutory home office of NNY is located at 15 Tech Valley Drive, East Greenbush, New York 12061.
The immediate parent of NNY is The Nassau Companies of New York, a Delaware corporation. The Nassau Companies of New York is ultimately controlled by David Dominik. Mr. Dominik ultimately controls NNY through the following intervening companies: The Nassau Companies, Nassau Insurance Group Holdings, L.P., Nassau Insurance Group Holdings GP, LLC and Nassau Financial Group GP Ltd. The nature of the business of Mr. Dominik and the intervening companies includes investing in companies engaged in the business of insurance.
On July 1, 2020, NNY acquired Foresters Life Insurance and Annuity Company (FLIAC), which was formerly the depositor of the Separate Account and issuer of the Policies. Following the acquisition, FLIAC merged with and into NNY, with NNY as the surviving entity. As a result, on July 8, 2020, NNY became the depositor of the Separate Account and issuer of the Policies.
Separate Account Assets. Separate Account E was established on September 30, 2004 under the provisions of the New York Insurance Law. Separate Account Es assets are segregated from the assets of NNY, and that portion of Separate Account Es assets having a value equal to, or approximately equal to, the reserves and contract liabilities under a Policy is not chargeable with liabilities arising out of any other business of NNY. Separate Account E is registered with the Securities and Exchange Commission (Commission) as a unit investment trust under the Investment Company Act of 1940, as amended (the 1940 Act), but such registration does not involve any supervision by the Commission of the management or investment practices or policies of the Separate Account.
Custodian. NNY, subject to applicable laws and regulations, is the custodian of the securities of the Subaccounts of the Separate Account. NNY maintains the records and accounts of the Separate Account.
Independent Registered Public Accounting Firm. KPMG LLP, 755 Main Street Suite 1600, Hartford, Connecticut 06103, is the independent registered public accounting firm for the Separate Account and the independent auditor for NNY.
Underwriter. NNY and the Separate Account have entered into an Underwriting Agreement with 1851 Securities, Inc. (1851), which became effective on July 1, 2020, pursuant to which 1851 serves as principal underwriter for the Policies. 1851, an affiliate of NNY, has its principal business address at One American Row, Hartford, CT 06103. NNY is no longer offering the Policies for new sales, but owners of existing Policies may continue to make additional premium payments. 1851 does not retain any commissions paid by NNY, but it is reimbursed by NNY for expenses it incurs for performing its underwriting function.
For the fiscal years ended December 31, 2021, 2022, and 2023, 1851 received underwriting commissions of $127,252, $419,760, and $360,642 respectively, in connection with the Variable Universal Life Policy and $0, $0, and $0, respectively, in connection with the SPVL Modified Single Premium Variable Life Insurance Policy.
Administrative Services. The Nassau Companies of New York (NCNY) provides administrative services to NNY through a shared service agreement between NNY and NCNY. NCNYs principal business address is One American Row, Hartford, CT 06103.
1
Other Service Providers. Under an Administrative and Accounting Services Agreement between BNY Mellon (BNY Mellon) and the Company, BNY Mellon provides certain services related to the Separate Account, other investment options of the Company, and investment options of insurance company affiliates of the Company. These services include computing investment option unit value for each Investment option of the Separate Account on each valuation date, preparing annual financial statements for the Separate Account, filing the Separate Account annual reports on Form N-CEN with the SEC, and maintaining certain books and records required by law on behalf of the Separate Account.
The Company pays BNY Mellon fees for these services. The total fee includes a flat annual charge per investment option, an annual base fee for the Company and its affiliates utilizing the services, license and service fees for certain software used in providing the services. During the last three fiscal years, the Company and insurance company affiliates of the Company have paid BNY Mellon the fees listed below for services provided to the Separate Account.
Year Ended December 31, | Fee Paid | |
2021 |
$8,774.00 | |
2022 |
$15,706.20 | |
2023 |
$17,040.24 |
BNY Mellons principal business address is 103 Bellevue Parkway, Wilmington, DE 19809.
Reports. At least once each Policy year, NNY mails a report to the Policyowner within 31 days after the Policy anniversary. We mail the report to the last address known to Us. The report shows (1) the death benefit at the beginning and end of the policy year, (2) the Accumulation Value and surrender value at the beginning and end of the policy year, (3) policy loan activity (4) all transactions which have occurred during the policy year, and (5) other information as may be required by applicable law or regulation. The report also shows your allocation among the Subaccounts and/or the Fixed Account on that anniversary.
State Regulation. NNY is subject to the laws of the State of New York governing insurance companies and to regulations of the New York State Department of Financial Services (the Department). NNY files an annual statement in a prescribed form with the Department each year covering Our operations for the preceding year and Our financial condition as of the end of such year. Our books and accounts are subject to review by the Department at any time. The Department conducts a full examination of Our operations periodically. The Department does not engage in any supervision of Our management or investment practices or policies, except to determine compliance with the requirements of the New York Insurance Law. NNY also is subject to regulation under the insurance laws of other jurisdictions in which NNY may operate.
Value of a Unit. For each Subaccount of Separate Account E, the value of a Unit of interest of that Subaccount initially was set arbitrarily at $10.00. The value of a Unit for any subsequent Valuation Period is determined by multiplying the value of a Unit for the immediately preceding Valuation Period by the Net Investment Factor for the Valuation Period for which the Unit Value is being calculated (see Appendix I, Example B). The investment performance of each Fund, and expenses and deductions of certain charges affect the Unit Value. The value of a Unit for the Subaccounts may increase or decrease from Valuation Period to Valuation Period.
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Net Investment Factor. The Net Investment Factor for each Subaccount for any Valuation Period is determined by dividing (a) by (b) where:
(a) | is the net result of: |
(1) | the net asset value per share of the applicable Fund determined at the end of the current Valuation Period, plus |
(2) | the per share amount of any dividend or capital gains distributions made by the applicable Fund if the ex-dividend date occurs during the current Valuation Period, less |
(3) | the per share amount of any taxes charged by Us. |
(b) | is the net asset value per share of the applicable Fund determined as of the end of the immediately preceding Valuation Period. |
The Net Investment Factor may be greater or less than one, and therefore, the Unit value of any Subaccount may increase or decrease. (For an illustration of this calculation, see Appendix I, Example A.)
RELEVANCE OF NNY FINANCIAL STATEMENTS
The financial statements of NNY as contained herein should be considered only as bearing upon NNYs ability to meet its obligations to Policyowners under the Policies, including, but not limited to, the minimum and any declared excess interest credited on accumulation values in the Fixed Account, and they should not be considered as bearing on the investment performance of the Subaccounts.
The financial statements of each of the Subaccounts of First Investors Life Separate Account E as of December 31, 2023 and for each of the years or periods in the two-year period then ended and the financial highlights for each of the years or periods in the five-year period then ended and the financial statements of Nassau Life Insurance Company (NNY) as of December 31, 2023 and 2022, and for each of the years in the three-year period ended December 31, 2023, have been included in the registration statement in reliance upon the reports of KPMG LLP, independent registered public accounting firm, appearing elsewhere herein, and upon the authority of said firm as experts in accounting and auditing.
The KPMG LLP report on the aforementioned financial statements of NNY includes explanatory language that states that the financial statements are prepared by NNY using statutory accounting practices prescribed or permitted by the New York State Department of Financial Services, which is a basis of accounting other than U.S. generally accepted accounting principles. Accordingly, the financial statements are not intended to be presented in accordance with U.S. generally accepted accounting principles. The financial statements are presented fairly, in all material respects, in accordance with statutory accounting practices prescribed or permitted by the New York State Department of Financial Services.
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EXAMPLE A
Formula and Illustration for Determining
the Net Investment Factor of a Subaccount
of Separate Account E
Net Investment Factor = |
A+ B | |
C |
Where: |
||||||||
A = The Net Asset Value of a Fund share as of the end of the current Valuation Period. |
||||||||
Assume |
= | $8.51000000 | ||||||
B = The per share amount of any dividend or capital gains distribution since the end of the immediately preceding Valuation Period, less the per share amount of any taxes charged by Us. |
||||||||
Assume |
= | $0 | ||||||
C = The Net Asset Value of a Fund share as of the end of the immediately preceding Valuation Period. |
||||||||
Assume |
= | $8.39000000 | ||||||
Then, the Net Investment Factor = 8.51000000 + 0 |
= | $1.01430274 | ||||||
8.39000000 |
EXAMPLE B
Formula and Illustration for Determining
Unit Value of a Subaccount
of Separate Account E
Unit Value = |
A x B |
Where: |
||||||||
A = The Unit Value for the immediately preceding Valuation Period. |
||||||||
Assume |
= | $ | 1.46328760 | |||||
B = The Net Investment Factor for the current Valuation Period. |
||||||||
Assume |
= | $ | 1.01430274 | |||||
Then, the Unit Value = $ 1.46328760 x 1.01430274 |
= | $ | 1.484216622 |
4
Table of Contents |
|
Statements of Admitted Assets, Liabilities, Capital and
Surplus |
|
As of December 31, | |||||||||||
2023 | 2022 [1] | ||||||||||
Assets: | |||||||||||
Bonds | $ | 6,993,422 | $ | 7,545,870 | |||||||
Contract loans | 2,496,443 | 2,482,361 | |||||||||
Real estate, at depreciated cost | 27,446 | 27,148 | |||||||||
Preferred stock | 49,028 | 50,783 | |||||||||
Common stock | 143,650 | 27,213 | |||||||||
Mortgage loans | 517,608 | 535,875 | |||||||||
Cash, cash equivalents and short-term investments | 162,242 | 148,609 | |||||||||
Derivatives | 3,547 | — | |||||||||
Other invested assets | 445,747 | 447,577 | |||||||||
Receivables for securities | 5,820 | 3,163 | |||||||||
Derivative collateral | 63,468 | 70,474 | |||||||||
Total cash and invested assets | 10,908,421 | 11,339,073 | |||||||||
Deferred and uncollected premiums | 59,164 | 59,163 | |||||||||
Due and accrued investment income | 172,735 | 175,111 | |||||||||
Current federal and foreign income
tax |
11,007 | — | |||||||||
Reinsurance recoverables | 6,291 | 11,029 | |||||||||
Deferred tax asset | 41,533 | 66,291 | |||||||||
Receivables from affiliates | 10,503 | 18,463 | |||||||||
Other assets | 7,743 | 10,274 | |||||||||
Separate account assets | 3,033,301 | 2,926,015 | |||||||||
Total assets | $ | 14,250,698 | $ | 14,605,419 | |||||||
Liabilities: | |||||||||||
Reserves for future policy benefits | 9,364,960 | 9,804,086 | |||||||||
Policyholders’ funds | 605,799 | 411,844 | |||||||||
Dividends to policyholders | 107,165 | 112,411 | |||||||||
Policy benefits in course of settlement | 198,925 | 116,175 | |||||||||
Amounts payable on reinsurance | 11,778 | 34,171 | |||||||||
Accrued expenses and general liabilities | 161,842 | 84,700 | |||||||||
Current federal and foreign income tax | — | 16,792 | |||||||||
Reinsurance funds withheld liability | 328,562 | 357,459 | |||||||||
Interest maintenance reserve (“IMR”) | 68,250 | 97,902 | |||||||||
Transfers to (from) separate account due and accrued | (65,380) | (30,847) | |||||||||
Asset valuation reserve (“AVR”) | 117,069 | 126,354 | |||||||||
Purchase price payable and merger adjustments | — | 178,922 | |||||||||
Separate account liabilities | 3,033,301 | 2,926,015 | |||||||||
Total liabilities | 13,932,271 | 14,235,984 | |||||||||
Capital and surplus: | |||||||||||
Common stock, $1,000 par value (10,000 shares authorized; 10,000 shares issued and outstanding) | 10,000 | 10,000 | |||||||||
Paid-in surplus | 634,333 | 614,333 | |||||||||
Surplus notes | 126,418 | 126,392 | |||||||||
Special surplus funds | 2,500 | 2,500 | |||||||||
Unassigned surplus | (454,824) | (383,790) | |||||||||
Total surplus | 318,427 | 369,435 | |||||||||
Total liabilities, capital and surplus | $ | 14,250,698 | $ | 14,605,419 |
Statements of Income and Changes in Capital and
Surplus |
|
For the years
ended December 31, | |||||||||||||||||
2023 | 2022 [1] | 2021 [1] | |||||||||||||||
Income: | |||||||||||||||||
Premium and annuity considerations | $ | 343,202 | $ | 305,818 | $ | 309,570 | |||||||||||
Net investment income and amortization of
IMR |
578,124 | 621,969 | 718,275 | ||||||||||||||
Commissions and expense allowances on reinsurance ceded | 14,037 | 14,710 | 14,432 | ||||||||||||||
Reserve adjustments on reinsurance ceded | (223,767) | (238,878) | (209,653) | ||||||||||||||
Fees associated with separate account and other miscellaneous income | 98,416 | 107,029 | 123,076 | ||||||||||||||
Total income | 810,012 | 810,648 | 955,700 | ||||||||||||||
Current and future benefits: | |||||||||||||||||
Death benefits | 566,114 | 464,636 | 470,510 | ||||||||||||||
Disability and health benefits | 3,126 | 2,457 | 2,686 | ||||||||||||||
Annuity benefits and matured endowments | 70,219 | 72,568 | 65,660 | ||||||||||||||
Surrender benefits | 632,220 | 503,057 | 524,203 | ||||||||||||||
Interest on policy or contract funds | 22,851 | 12,331 | 10,141 | ||||||||||||||
Settlement option payments | 22,254 | 22,669 | 16,586 | ||||||||||||||
Net transfers to (from) separate accounts, net of reinsurance | (267,135) | (178,166) | (298,598) | ||||||||||||||
Change in reserves for future policy benefits and policyholders’ funds | (439,129) | (329,194) | (217,516) | ||||||||||||||
Total current and future benefits | 610,520 | 570,358 | 573,672 | ||||||||||||||
Operating expenses: | |||||||||||||||||
Direct commissions | 8,528 | 6,962 | 8,689 | ||||||||||||||
Commissions and expense allowances on reinsurance assumed | 5,998 | 5,167 | 5,366 | ||||||||||||||
Premium, payroll and miscellaneous taxes | 6,088 | 9,440 | 7,644 | ||||||||||||||
Other operating expenses | 93,395 | 95,906 | 129,696 | ||||||||||||||
Total operating expenses | 114,009 | 117,475 | 151,395 | ||||||||||||||
Net gain (loss) from operations before dividends and federal income taxes | 85,483 | 122,815 | 230,633 | ||||||||||||||
Dividends to policyholders | 69,339 | 78,002 | 57,291 | ||||||||||||||
Net gain from operations after dividends and before federal income taxes | 16,144 | 44,813 | 173,342 | ||||||||||||||
Federal and foreign income tax expense (benefit) | (16,814) | 6,143 | 28,581 | ||||||||||||||
Net gain from operations before realized capital gains (losses) | 32,958 | 38,670 | 144,761 | ||||||||||||||
Realized capital gains (losses), net of income taxes and IMR | (40,550) | 13,343 | (3,380) | ||||||||||||||
Net income (loss) | (7,592) | 52,013 | 141,381 | ||||||||||||||
Changes in capital and surplus: | |||||||||||||||||
Change in unrealized capital gains (loss), net of tax | (8,145) | (58,141) | 4,184 | ||||||||||||||
Change in deferred income taxes | 737 | 1,101 | (9,241) | ||||||||||||||
Change in non-admitted assets | (27,743) | (22,579) | 15,042 | ||||||||||||||
Change in asset valuation reserve | 9,286 | 37,108 | (12,381) | ||||||||||||||
Change in surplus notes | 26 | 26 | 26 | ||||||||||||||
Dividends to stockholder | — | (274,026) | (78,232) | ||||||||||||||
Capital and paid-in surplus | 20,000 | — | — | ||||||||||||||
Other surplus changes, net | (27,490) | (7,570) | 13,968 | ||||||||||||||
Merger adjustments | (10,087) | 283,650 | (12,233) | ||||||||||||||
Net increase (decrease) in capital and surplus | (51,008) | 11,582 | 62,514 | ||||||||||||||
Capital and surplus, beginning of year | 369,435 | 357,853 | 295,339 | ||||||||||||||
Capital and surplus, end of year | $ | 318,427 | $ | 369,435 | $ | 357,853 |
Statements of Cash Flows |
|
For the years
ended December 31, | |||||||||||||||||
2023 | 2022 [1] | 2021 [1] | |||||||||||||||
Cash provided by (used for) operations: | |||||||||||||||||
Premiums | $ | 405,807 | $ | 372,950 | $ | 376,015 | |||||||||||
Investment and other income | 811,315 | 849,743 | 990,688 | ||||||||||||||
Claims and benefits | (1,668,638) | (1,580,595) | (1,477,741) | ||||||||||||||
Dividends paid | (110,858) | (90,841) | (100,329) | ||||||||||||||
Commissions and other expenses | (106,755) | (106,853) | (136,438) | ||||||||||||||
Net transfers from separate accounts | 232,602 | 232,885 | 288,286 | ||||||||||||||
Federal income taxes recovered (paid) | (17,812) | (16,327) | (21,062) | ||||||||||||||
Net cash provided by (used for) operations | (454,339) | (339,038) | (80,581) | ||||||||||||||
Cash provided by (used for) investments: | |||||||||||||||||
Proceeds from sales, maturities and repayments of bonds | 850,727 | 1,118,031 | 1,544,755 | ||||||||||||||
Proceeds from sales, maturities and repayments of stocks | 2,426 | 16,489 | 77,692 | ||||||||||||||
Proceeds from sales, maturities and repayments of mortgage loans | 39,311 | 123,722 | 46,607 | ||||||||||||||
Proceeds from sales, maturities and repayments of other invested assets | 48,048 | 301,759 | 39,793 | ||||||||||||||
Proceeds from sales, maturities and repayments of other investments | — | — | 1,831 | ||||||||||||||
Cost of bonds acquired | (343,941) | (632,663) | (1,366,825) | ||||||||||||||
Cost of stocks acquired | (303,285) | (4,117) | (21,458) | ||||||||||||||
Cost of mortgage loans acquired | (22,514) | (55,370) | (105,812) | ||||||||||||||
Cost of other invested assets acquired | (53,803) | (169,566) | (107,755) | ||||||||||||||
Cost of other investments acquired | (9,544) | (74,539) | (12,778) | ||||||||||||||
Net decrease (increase) in contract loans | (14,161) | 20,317 | (23,665) | ||||||||||||||
Net cash provided by (used for) investments | 193,264 | 644,063 | 72,385 | ||||||||||||||
Cash provided by (used for) financing and miscellaneous sources: | |||||||||||||||||
Capital and paid-in surplus | 20,000 | — | — | ||||||||||||||
Net deposits (withdrawals) of deposit-type contracts | 193,955 | (13,309) | (50,429) | ||||||||||||||
Dividends to stockholder | — | (274,026) | (78,232) | ||||||||||||||
Other cash provided (applied) | 60,753 | 11,689 | (23,795) | ||||||||||||||
Net cash provided by (used for) financing and miscellaneous uses | 274,708 | (275,646) | (152,456) | ||||||||||||||
Net increase (decrease) in cash and short-term investments | 13,633 | 29,379 | (160,652) | ||||||||||||||
Cash and short-term investments, beginning of year | 148,609 | 119,230 | 279,882 | ||||||||||||||
Cash and short-term investments, end of year | $ | 162,242 | $ | 148,609 | $ | 119,230 |
Notes to Statutory Financial Statements
|
|
Notes to Statutory Financial Statements
|
(continued) |
Notes to Statutory Financial Statements
|
(continued) |
Notes to Statutory Financial Statements
|
(continued) |
Notes to Statutory Financial Statements
|
(continued) |
Notes to Statutory Financial Statements
|
(continued) |
Notes to Statutory Financial Statements
|
(continued) |
Notes to Statutory Financial Statements
|
(continued) |
Notes to Statutory Financial Statements
|
(continued) |
Notes to Statutory Financial Statements
|
(continued) |
Notes to Statutory Financial Statements
|
(continued) |
Carrying Value |
Gross Unrealized Gains |
Gross Unrealized Losses |
Fair Value | ||||||||||||||||||||
U.S. government | $ | 240,740 | $ | 1 | $ | (73,111) | $ | 167,630 | |||||||||||||||
All other governments | 102,769 | 605 | (15,190) | 88,184 | |||||||||||||||||||
States, territories and possessions | 34,814 | 208 | (2,578) | 32,444 | |||||||||||||||||||
Political subdivisions of states,
territories and possessions |
64,588 | 367 | (4,949) | 60,006 | |||||||||||||||||||
Special revenue | 381,050 | 1,364 | (37,390) | 345,024 | |||||||||||||||||||
Industrial and miscellaneous (unaffiliated) | 4,303,925 | 30,077 | (443,448) | 3,890,554 | |||||||||||||||||||
Parent, subsidiaries and affiliates | 60,719 | 407 | (5,551) | 55,575 | |||||||||||||||||||
Hybrid securities | 147,094 | 177 | (11,345) | 135,926 | |||||||||||||||||||
Mortgage-backed and asset-backed securities | 1,657,723 | 7,122 | (187,672) | 1,477,173 | |||||||||||||||||||
Total bonds | $ | 6,993,422 | $ | 40,328 | $ | (781,234) | $ | 6,252,516 | |||||||||||||||
Preferred stock | $ | 49,028 | $ | 668 | $ | (1,460) | $ | 48,236 | |||||||||||||||
Common stock | $ | 38,368 | $ | — | $ | — | $ | 38,368 | |||||||||||||||
Common stock - affiliate |
$ | 105,282 | $ | — | $ | — | $ | 105,282 |
Notes to Statutory Financial Statements
|
(continued) |
Carrying Value |
Gross Unrealized Gains |
Gross Unrealized Losses |
Fair Value | ||||||||||||||||||||
U.S. government | $ | 241,993 | $ | 2 | $ | (74,238) | $ | 167,757 | |||||||||||||||
All other governments | 105,654 | 901 | (16,599) | 89,956 | |||||||||||||||||||
States, territories and possessions | 34,023 | 151 | (2,703) | 31,471 | |||||||||||||||||||
Political subdivisions of states,
territories and possessions |
75,803 | 171 | (7,191) | 68,783 | |||||||||||||||||||
Special revenue | 434,440 | 762 | (50,898) | 384,304 | |||||||||||||||||||
Industrial and miscellaneous (unaffiliated) | 4,870,550 | 18,452 | (610,516) | 4,278,486 | |||||||||||||||||||
Parent, subsidiaries and affiliates | 59,032 | 431 | (5,631) | 53,832 | |||||||||||||||||||
Hybrid securities | 170,313 | 51 | (18,121) | 152,243 | |||||||||||||||||||
Mortgage-backed and asset-backed securities | 1,554,062 | 2,962 | (194,088) | 1,362,936 | |||||||||||||||||||
Total bonds | $ | 7,545,870 | $ | 23,883 | $ | (979,985) | $ | 6,589,768 | |||||||||||||||
Preferred stock | $ | 50,783 | $ | 479 | $ | (2,550) | $ | 48,712 | |||||||||||||||
Common stock | $ | 27,213 | $ | — | $ | — | $ | 27,213 | |||||||||||||||
Less than 12 months | Greater than 12 months | Total | |||||||||||||||||||||||||||||||||
Fair Value |
Unrealized Losses |
Fair Value |
Unrealized Losses |
Fair Value |
Unrealized Losses | ||||||||||||||||||||||||||||||
Debt Securities | |||||||||||||||||||||||||||||||||||
U.S. government | $ | 483 | $ | (69) | $ | 167,014 | $ | (73,042) | $ | 167,497 | $ | (73,111) | |||||||||||||||||||||||
All other governments | 11,583 | (329) | 70,368 | (14,861) | 81,951 | (15,190) | |||||||||||||||||||||||||||||
States, territories and possessions | 2,663 | (291) | 23,986 | (2,287) | 26,649 | (2,578) | |||||||||||||||||||||||||||||
Political subdivisions | 6,415 | (451) | 38,476 | (4,498) | 44,891 | (4,949) | |||||||||||||||||||||||||||||
Special revenue | 42,521 | (3,100) | 254,730 | (34,290) | 297,251 | (37,390) | |||||||||||||||||||||||||||||
Industrial and miscellaneous (unaffiliated) | 388,043 | (58,285) | 2,953,840 | (385,163) | 3,341,883 | (443,448) | |||||||||||||||||||||||||||||
Parent, subsidiaries and affiliates | 23,859 | (1,296) | 28,431 | (4,255) | 52,290 | (5,551) | |||||||||||||||||||||||||||||
Hybrid securities | 17,457 | (2,087) | 110,289 | (9,258) | 127,746 | (11,345) | |||||||||||||||||||||||||||||
Mortgage-backed and asset-backed securities | 195,894 | (10,797) | 954,632 | (176,875) | 1,150,526 | (187,672) | |||||||||||||||||||||||||||||
Total bonds | $ | 688,918 | $ | (76,705) | $ | 4,601,766 | $ | (704,529) | $ | 5,290,684 | $ | (781,234) | |||||||||||||||||||||||
Number of positions at unrealized loss | 501 | 1,852 | 2,353 | ||||||||||||||||||||||||||||||||
Notes to Statutory Financial Statements
|
(continued) |
Less than 12 months | Greater than 12 months | Total | |||||||||||||||||||||||||||||||||
Fair Value |
Unrealized Losses |
Fair Value |
Unrealized Losses |
Fair Value |
Unrealized Losses | ||||||||||||||||||||||||||||||
Debt Securities | |||||||||||||||||||||||||||||||||||
U.S. government | $ | 80,084 | $ | (10,009) | $ | 87,540 | $ | (64,229) | $ | 167,624 | $ | (74,238) | |||||||||||||||||||||||
All other governments | 69,866 | (11,187) | 13,565 | (5,412) | 83,431 | (16,599) | |||||||||||||||||||||||||||||
States, territories and possessions | 24,533 | (2,703) | — | — | 24,533 | (2,703) | |||||||||||||||||||||||||||||
Political subdivisions | 55,952 | (7,191) | — | — | 55,952 | (7,191) | |||||||||||||||||||||||||||||
Special revenue | 307,480 | (36,649) | 34,218 | (14,249) | 341,698 | (50,898) | |||||||||||||||||||||||||||||
Industrial and miscellaneous (unaffiliated) | 3,487,828 | (504,289) | 328,394 | (106,227) | 3,816,222 | (610,516) | |||||||||||||||||||||||||||||
Parents, subsidiaries and affiliates | 34,841 | (4,460) | 15,783 | (1,171) | 50,624 | (5,631) | |||||||||||||||||||||||||||||
Hybrid securities | 109,364 | (12,135) | 36,325 | (5,986) | 145,689 | (18,121) | |||||||||||||||||||||||||||||
Mortgage-backed and asset-backed
securities |
907,941 | (101,721) | 312,325 | (92,367) | 1,220,266 | (194,088) | |||||||||||||||||||||||||||||
Total bonds | $ | 5,077,889 | $ | (690,344) | $ | 828,150 | $ | (289,641) | $ | 5,906,039 | $ | (979,985) | |||||||||||||||||||||||
Number of positions at unrealized loss | 2,309 | 483 | 2,792 | ||||||||||||||||||||||||||||||||
Notes to Statutory Financial Statements
|
(continued) |
Carrying Value |
Fair Value | ||||||||||
Due in one year or less | $ | 137,767 | $ | 130,498 | |||||||
Due after one year through five years | 1,559,174 | 1,432,622 | |||||||||
Due after five years through ten years | 1,288,754 | 1,216,474 | |||||||||
Due after ten years | 4,007,727 | 3,472,922 | |||||||||
Total | $ | 6,993,422 | $ | 6,252,516 |
2023 | 2022 | ||||||||||
Real estate | $ | 27,446 | $ | 27,148 | |||||||
Total real estate | $ | 27,446 | $ | 27,148 |
Notes to Statutory Financial Statements
|
(continued) |
2023 | 2022 | ||||||||||
(in millions) | |||||||||||
Industrial | $ | 64.7 | $ | 60.1 | |||||||
Multifamily | 102.2 | 107.6 | |||||||||
Office | 94.3 | 96.5 | |||||||||
Retail | 130.0 | 133.5 | |||||||||
Self-storage | 50.3 | 49.7 | |||||||||
Warehouse | 45.4 | 46.0 | |||||||||
Other | 32.5 | 44.2 | |||||||||
Total mortgage loans | 519.4 | 537.6 | |||||||||
Less: Allowance for loan losses | 1.8 | 1.7 | |||||||||
Net mortgage loans | $ | 517.6 | $ | 535.9 |
2023 | 2022 | ||||||||||
(in millions) | |||||||||||
East North Central | $ | 64.6 | $ | 76.6 | |||||||
Middle Atlantic | 15.0 | 17.5 | |||||||||
Mountain | 82.9 | 83.8 | |||||||||
New England | 15.2 | 15.4 | |||||||||
Pacific | 124.9 | 133.1 | |||||||||
South Atlantic | 115.9 | 118.4 | |||||||||
West North Central | 51.4 | 52.4 | |||||||||
West South Central | 49.5 | 40.4 | |||||||||
Total mortgage loans | 519.4 | 537.6 | |||||||||
Less: Allowance for loan losses | 1.8 | 1.7 | |||||||||
Net mortgage loans | $ | 517.6 | $ | 535.9 |
Notes to Statutory Financial Statements
|
(continued) |
December 31, 2023 | |||||||||||||||||||||||||||||||||||||||||
DSC Ratios | |||||||||||||||||||||||||||||||||||||||||
($ in millions) | Greater than 2.0x |
1.8x to 2.0x |
1.5x to 1.8x |
1.2x to 1.5x |
1.0x to 1.2x |
Less
than 1.0x |
Total | ||||||||||||||||||||||||||||||||||
LTV Ratios | |||||||||||||||||||||||||||||||||||||||||
0% - 50% | $ | 146.6 | $ | — | $ | 36.7 | $ | — | $ | — | $ | — | $ | 183.3 | |||||||||||||||||||||||||||
50% - 60% | 40.8 | 18.2 | 34.8 | 36.7 | — | — | 130.5 | ||||||||||||||||||||||||||||||||||
60% - 70% | 48.4 | 13.5 | 21.4 | 36.2 | — | — | 119.5 | ||||||||||||||||||||||||||||||||||
70% - 80% | 20.7 | — | 24.0 | 5.9 | — | 10.5 | 61.1 | ||||||||||||||||||||||||||||||||||
80% and greater | 2.7 | — | 6.3 | 8.5 | — | 5.7 | 23.2 | ||||||||||||||||||||||||||||||||||
Total | $ | 259.2 | $ | 31.7 | $ | 123.2 | $ | 87.3 | $ | — | $ | 16.2 | $ | 517.6 |
December 31, 2022 | |||||||||||||||||||||||||||||||||||||||||
DSC Ratios | |||||||||||||||||||||||||||||||||||||||||
($ in millions) | Greater than 2.0x |
1.8x to 2.0x |
1.5x to 1.8x |
1.2x to 1.5x |
1.0x to 1.2x |
Less
than 1.0x |
Total | ||||||||||||||||||||||||||||||||||
LTV Ratios | |||||||||||||||||||||||||||||||||||||||||
0% - 50% | $ | 155.3 | $ | 26.8 | $ | 23.0 | $ | 4.9 | $ | — | $ | — | $ | 210.0 | |||||||||||||||||||||||||||
50% - 60% | 39.0 | 34.2 | 52.8 | 20.1 | 12.5 | — | 158.6 | ||||||||||||||||||||||||||||||||||
60% - 70% | 33.3 | 6.5 | 21.9 | 13.4 | 14.5 | 10.4 | 100.0 | ||||||||||||||||||||||||||||||||||
70% - 80% | — | — | 39.5 | — | 5.9 | 10.8 | 56.2 | ||||||||||||||||||||||||||||||||||
80% and greater | — | — | — | — | 8.3 | 2.8 | 11.1 | ||||||||||||||||||||||||||||||||||
Total | $ | 227.6 | $ | 67.5 | $ | 137.2 | $ | 38.4 | $ | 41.2 | $ | 24.0 | $ | 535.9 |
Notes to Statutory Financial Statements
|
(continued) |
2023 | 2022 | ||||||||||
Private equity | $ | 33,544 | $ | 21,853 | |||||||
Mezzanine partnerships | 2,132 | 2,300 | |||||||||
Collateralized fund obligation | 36,523 | 47,083 | |||||||||
Mortgage and real estate | 41,964 | 22,386 | |||||||||
Direct equity | 116,922 | 122,991 | |||||||||
Credit funds | 23,779 | 19,259 | |||||||||
Surplus debentures |
100,113 | 99,157 | |||||||||
Residual tranches |
88,183 | 112,548 | |||||||||
Other alternative assets | 2,587 | — | |||||||||
Total other invested assets | $ | 445,747 | $ | 447,577 |
2023 | 2022 | ||||||||||
(in thousands) | |||||||||||
Put options: | |||||||||||
Notional amount | $ | 210,413 | $ | — | |||||||
Fair value | $ | 3,232 | $ | — | |||||||
Carrying value | $ | 3,232 | $ | — | |||||||
Swaps: | |||||||||||
Notional amount | $ | 900,000 | $ | 300,000 | |||||||
Fair value | $ | (49,529) | $ | (57,720) | |||||||
Carrying value | $ | 500 | $ | — | |||||||
Foreign currency forwards: | |||||||||||
Notional amount | $ | 18,423 | $ | 11,199 | |||||||
Fair value | $ | (185) | $ | (81) | |||||||
Carrying value | $ | (185) | $ | (81) | |||||||
Notes to Statutory Financial Statements
|
(continued) |
Number of 5GI Securities | Aggregate
BACV* |
Aggregate Fair Value | |||||||||||||||||||||||||||||||||
Current Year |
Prior Year |
Current Year |
Prior Year |
Current Year |
Prior Year |
||||||||||||||||||||||||||||||
Investment | |||||||||||||||||||||||||||||||||||
(1) Bonds - Amortized Cost | 8 | 3 | $ | 10,422 | $ | 16,114 | $ | 10,250 | $ | 16,114 | |||||||||||||||||||||||||
(2) Loan-backed and structured securities - Amortized Cost |
— | — | — | — | — | — | |||||||||||||||||||||||||||||
(3) Preferred Stock - Amortized Cost | 1 | 1 | 1,338 | 1,338 | 2,006 | 1,818 | |||||||||||||||||||||||||||||
(4) Preferred Stock - Fair Value | 5 | 6 | 3,887 | 4,628 | 3,887 | 4,628 | |||||||||||||||||||||||||||||
(5) Total (1+2+3+4) | 14 | 10 | $ | 15,647 | $ | 22,080 | $ | 16,143 | $ | 22,560 |
Notes to Statutory Financial Statements
|
(continued) |
2023 | 2022 | 2021 | |||||||||||||||
Bonds | $ | 337,372 | $ | 337,779 | $ | 367,058 | |||||||||||
Contract loans | 208,166 | 214,940 | 198,388 | ||||||||||||||
Cash and short-term investments | 11,766 | 4,532 | 931 | ||||||||||||||
Real estate, net of expenses | 4,852 | 4,676 | 5,266 | ||||||||||||||
Preferred stock | 2,128 | 2,810 | 3,806 | ||||||||||||||
Common stock | 743 | 362 | 3,032 | ||||||||||||||
Mortgage loans | 21,019 | 26,159 | 24,429 | ||||||||||||||
Other invested assets | 38,680 | 58,394 | 133,942 | ||||||||||||||
Derivative instruments | (14,469) | (1,796) | 2,335 | ||||||||||||||
Amortization of IMR | 8,461 | 16,449 | 18,191 | ||||||||||||||
Less: | |||||||||||||||||
Interest expense | 9,086 | 9,086 | 9,086 | ||||||||||||||
Other investment expenses | 31,508 | 33,250 | 30,017 | ||||||||||||||
Net investment income | $ | 578,124 | $ | 621,969 | $ | 718,275 |
Notes to Statutory Financial Statements
|
(continued) |
Realized | Change in Unrealized | ||||||||||||||||||||||||||||||||||
2023 | 2022 | 2021 | 2023 | 2022 | 2021 | ||||||||||||||||||||||||||||||
Bonds | $ | (20,684) | $ | (5,391) | $ | (13,302) | $ | 278 | $ | 4,676 | $ | (580) | |||||||||||||||||||||||
Investments in affiliates | — | — | — | 2,987 | — | — | |||||||||||||||||||||||||||||
Preferred stock | (1,017) | (3,452) | 693 | 1,600 | (6,380) | 3,351 | |||||||||||||||||||||||||||||
Common stock | 8 | 2,072 | 24,850 | 896 | 320 | (15,063) | |||||||||||||||||||||||||||||
Mortgage loans | (1,442) | (65) | (24) | — | — | — | |||||||||||||||||||||||||||||
Other invested assets | (10,794) | 19,259 | (9,897) | (16,381) | (72,232) | 17,690 | |||||||||||||||||||||||||||||
Derivative instruments | (181) | 900 | (1,944) | (2,167) | 20 | (102) | |||||||||||||||||||||||||||||
Miscellaneous | 387 | 52 | 226 | 697 | — | — | |||||||||||||||||||||||||||||
(33,723) | 13,375 | 602 | (12,090) | (73,596) | 5,296 | ||||||||||||||||||||||||||||||
Income tax benefit (expense) | (6,827) | (32) | (3,982) | 3,945 | 15,455 | (1,112) | |||||||||||||||||||||||||||||
Net capital gains (losses) | $ | (40,550) | $ | 13,343 | $ | (3,380) | $ | (8,145) | $ | (58,141) | $ | 4,184 |
2023 | 2022 | 2021 | |||||||||||||||
Proceeds from sales | $ | 855,975 | $ | 1,119,452 | $ | 1,673,662 | |||||||||||
Gross gains on sales | 4,484 | 25,382 | 98,873 | ||||||||||||||
Gross losses on sales | (63,087) | (27,092) | 39,031 |
Notes to Statutory Financial Statements
|
(continued) |
2023 | 2022 | ||||||||||
Life insurance | $ | 9,082,502 | $ | 9,273,899 | |||||||
Health insurance | 30,560 | 34,213 | |||||||||
Total life and health insurance | 9,113,062 | 9,308,112 | |||||||||
Annuities | 1,020,376 | 1,189,760 | |||||||||
Subtotal | 10,133,438 | 10,497,872 | |||||||||
Supplementary contracts with life contingencies | 134,383 | 136,401 | |||||||||
All other | 82,000 | 160,936 | |||||||||
Total before reinsurance ceded | 10,349,821 | 10,795,209 | |||||||||
Less: Reinsurance ceded | 984,861 | 991,123 | |||||||||
Reserves for future policy benefits | $ | 9,364,960 | $ | 9,804,086 |
Notes to Statutory Financial Statements
|
(continued) |
2023 | |||||||||||||||||||||||||||||
General Account |
Separate Account with Guarantees |
Separate Account Non- guaranteed |
Total | % of total | |||||||||||||||||||||||||
Individual Annuities | |||||||||||||||||||||||||||||
Subject to discretionary withdrawal: | |||||||||||||||||||||||||||||
- with market value adjustment | $ | 73,570 | $ | 205,691 | $ | — | $ | 279,261 | 11 | % | |||||||||||||||||||
- at book value less surrender charge of 5% or more | 4,335 | — | — | 4,335 | — | % | |||||||||||||||||||||||
- at market value | — | — | 1,056,105 | 1,056,105 | 44 | % | |||||||||||||||||||||||
Total with market value adjustment or at fair value | 77,905 | 205,691 | 1,056,105 | 1,339,701 | 55 | % | |||||||||||||||||||||||
- at book value (minimal or no charge or adjustment) | 693,135 | — | — | 693,135 | 28 | % | |||||||||||||||||||||||
Not subject to discretionary withdrawal | 394,901 | 15,000 | 8,936 | 418,837 | 17 | % | |||||||||||||||||||||||
Total individual annuity actuarial reserves | 1,165,941 | 220,691 | 1,065,041 | 2,451,673 | 100 | % | |||||||||||||||||||||||
Less: Reinsurance ceded | 10,457 | — | — | 10,457 | |||||||||||||||||||||||||
Total individual annuity actuarial
reserves, net of reinsurance |
$ | 1,155,484 | $ | 220,691 | $ | 1,065,041 | $ | 2,441,216 | |||||||||||||||||||||
Amounts included in at book value less surrender charge
of 5% or more that will move to at book value (minimal or no charge or adjustment) for the first time within the year after the statement date |
$ | 1,212 | $ | — | $ | — | $ | 1,212 |
2022 | |||||||||||||||||||||||||||||
General Account |
Separate Account with Guarantees |
Separate Account Non- guaranteed |
Total | % of total | |||||||||||||||||||||||||
Individual Annuities | |||||||||||||||||||||||||||||
Subject to discretionary withdrawal: | |||||||||||||||||||||||||||||
- with market value adjustment | $ | 29,102 | $ | 247,727 | $ | — | $ | 276,829 | 11 | % | |||||||||||||||||||
- at book value less surrender charge of 5% or more | 31,877 | — | — | 31,877 | 1 | % | |||||||||||||||||||||||
- at market value | — | — | 1,094,042 | 1,094,042 | 42 | % | |||||||||||||||||||||||
Total with market value adjustment or at fair value | 60,979 | 247,727 | 1,094,042 | 1,402,748 | 54 | % | |||||||||||||||||||||||
- at book value (minimal or no charge or adjustment) | 873,828 | — | — | 873,828 | 33 | % | |||||||||||||||||||||||
Not subject to discretionary withdrawal | 326,307 | — | 7,702 | 334,009 | 13 | % | |||||||||||||||||||||||
Total individual annuity actuarial reserves | 1,261,114 | 247,727 | 1,101,744 | 2,610,585 | 100 | % | |||||||||||||||||||||||
Less: Reinsurance ceded | 7,798 | — | — | 7,798 | |||||||||||||||||||||||||
Total individual annuity actuarial
reserves, net of reinsurance |
$ | 1,253,316 | $ | 247,727 | $ | 1,101,744 | $ | 2,602,787 | |||||||||||||||||||||
Amounts included in at book value less surrender charge
of 5% or more that will move to at book value (minimal or no charge or adjustment) for the first time within the year after the statement date |
$ | 27,933 | $ | — | $ | — | $ | 27,933 |
Notes to Statutory Financial Statements
|
(continued) |
2023 | |||||||||||||||||||||||||||||
General Account |
Separate Account with Guarantees |
Separate Account Non-guaranteed |
Total | % of total | |||||||||||||||||||||||||
Group Annuities | |||||||||||||||||||||||||||||
Subject to discretionary withdrawal: | |||||||||||||||||||||||||||||
- with market value adjustment | $ | — | $ | — | $ | — | $ | — | — | % | |||||||||||||||||||
- at book value less surrender charge of 5% or more | — | — | — | — | — | % | |||||||||||||||||||||||
- at market value | — | — | 295 | 295 | 1 | % | |||||||||||||||||||||||
Total with market value adjustment or at fair value | — | — | 295 | 295 | 1 | % | |||||||||||||||||||||||
- at book value (minimal or no charge or adjustment) | 13,322 | — | — | 13,322 | 39 | % | |||||||||||||||||||||||
Not subject to discretionary withdrawal | 20,497 | — | — | 20,497 | 60 | % | |||||||||||||||||||||||
Total group annuity actuarial reserves | 33,819 | — | 295 | 34,114 | 100 | % | |||||||||||||||||||||||
Less: Reinsurance ceded | — | — | — | — | |||||||||||||||||||||||||
Total group annuity actuarial
reserves, net of reinsurance |
$ | 33,819 | $ | — | $ | 295 | $ | 34,114 |
2022 | |||||||||||||||||||||||||||||
General Account |
Separate Account with Guarantees |
Separate Account Non-guaranteed |
Total | % of total | |||||||||||||||||||||||||
Group Annuities | |||||||||||||||||||||||||||||
Subject to discretionary withdrawal: | |||||||||||||||||||||||||||||
- with market value adjustment | $ | — | $ | — | $ | — | $ | — | — | % | |||||||||||||||||||
- at book value less surrender charge of 5% or more | — | — | — | — | — | % | |||||||||||||||||||||||
- at market value | — | — | 411 | 411 | 1 | % | |||||||||||||||||||||||
Total with market value adjustment or at fair value | — | — | 411 | 411 | 1 | % | |||||||||||||||||||||||
- at book value (minimal or no charge or adjustment) | 15,005 | — | — | 15,005 | 40 | % | |||||||||||||||||||||||
Not subject to discretionary withdrawal | 21,750 | — | — | 21,750 | 59 | % | |||||||||||||||||||||||
Total group annuity actuarial reserves | 36,755 | — | 411 | 37,166 | 100 | % | |||||||||||||||||||||||
Less: Reinsurance ceded | — | — | — | — | |||||||||||||||||||||||||
Total group annuity actuarial
reserves, net of reinsurance |
$ | 36,755 | $ | — | $ | 411 | $ | 37,166 |
2023 | |||||||||||||||||||||||||||||
General Account |
Separate Account with Guarantees |
Separate Account Non-guaranteed |
Total | % of total | |||||||||||||||||||||||||
Deposit-Type Contracts (no life contingencies) | |||||||||||||||||||||||||||||
Subject to discretionary withdrawal: | |||||||||||||||||||||||||||||
- with market value adjustment | $ | — | $ | — | $ | — | $ | — | — | % | |||||||||||||||||||
- at book value less surrender charge of 5% or more | — | — | — | — | — | % | |||||||||||||||||||||||
- at market value | — | — | 954 | 954 | — | % | |||||||||||||||||||||||
Total with market value adjustment or at fair value | — | — | 954 | 954 | — | % | |||||||||||||||||||||||
- at book value (minimal or no charge or adjustment) | 329,236 | — | — | 329,236 | 54 | % | |||||||||||||||||||||||
Not subject to discretionary withdrawal | 276,563 | — | — | 276,563 | 46 | % | |||||||||||||||||||||||
Total deposit fund liabilities | 605,799 | — | 954 | 606,753 | 100 | % | |||||||||||||||||||||||
Less: Reinsurance ceded | — | — | — | — | |||||||||||||||||||||||||
Total deposit fund liabilities, net of reinsurance | $ | 605,799 | $ | — | $ | 954 | $ | 606,753 |
Notes to Statutory Financial Statements
|
(continued) |
2022 | |||||||||||||||||||||||||||||
General Account |
Separate Account with Guarantees |
Separate Account Non-guaranteed |
Total | % of total | |||||||||||||||||||||||||
Deposit-Type Contracts (no life contingencies) | |||||||||||||||||||||||||||||
Subject to discretionary withdrawal: | |||||||||||||||||||||||||||||
- with market value adjustment | $ | — | $ | — | $ | — | $ | — | — | % | |||||||||||||||||||
- at book value less surrender charge of 5% or more | — | — | — | — | — | % | |||||||||||||||||||||||
- at market value | — | — | 863 | 863 | — | % | |||||||||||||||||||||||
Total with market value adjustment or at fair value | — | — | 863 | 863 | — | % | |||||||||||||||||||||||
- at book value (minimal or no charge or adjustment) | 387,219 | — | — | 387,219 | 94 | % | |||||||||||||||||||||||
Not subject to discretionary withdrawal | 24,625 | — | — | 24,625 | 6 | % | |||||||||||||||||||||||
Total deposit fund liabilities | 411,844 | — | 863 | 412,707 | 100 | % | |||||||||||||||||||||||
Less: Reinsurance ceded | — | — | — | — | |||||||||||||||||||||||||
Total deposit fund liabilities, net of reinsurance | $ | 411,844 | $ | — | $ | 863 | $ | 412,707 |
Amount | |||||
Life and Accident & Health Annual Statement: | |||||
Exhibit 5, Annuities section, total (net) | $ | 1,054,920 | |||
Exhibit 5, Supplementary contracts with life contingencies section, total (net) | 134,383 | ||||
Exhibit 7, Deposit-type contracts, line 14, column 1 | 605,799 | ||||
Subtotal | 1,795,102 | ||||
Separate Accounts Annual Statement: | |||||
Exhibit 3, Line 0299999, column 2 | 1,277,497 | ||||
Exhibit 3, Line 0399999, column 2 | 8,530 | ||||
Policyholder dividend and coupon accumulations | — | ||||
Policyholder premiums | — | ||||
Guaranteed interest contracts | — | ||||
Other deposit funds | 954 | ||||
Subtotal | 1,286,981 | ||||
Combined total | $ | 3,082,083 |
Notes to Statutory Financial Statements
|
(continued) |
General Account | Separate Account - Non-guaranteed | ||||||||||||||||||||||||||||||||||
Account Value |
General Account Cash Value |
Reserve | Account Value |
Cash Value |
Reserve | ||||||||||||||||||||||||||||||
Subject to discretionary withdrawal, surrender values or policy loans: |
|||||||||||||||||||||||||||||||||||
- Term policies with cash value | $ | 2,148 | $ | 2,148 | $ | 9,478 | $ | — | $ | — | $ | — | |||||||||||||||||||||||
- Universal life | 596,660 | 598,272 | 625,284 | — | — | — | |||||||||||||||||||||||||||||
- Universal life with secondary guarantees | 186,307 | 179,703 | 683,302 | — | — | — | |||||||||||||||||||||||||||||
- Indexed universal life | — | — | — | — | — | — | |||||||||||||||||||||||||||||
- Indexed universal
life with secondary guarantees |
— | — | — | — | — | — | |||||||||||||||||||||||||||||
- Indexed life | — | — | — | — | — | — | |||||||||||||||||||||||||||||
- Other permanent cash value life insurance | 7,096,967 | 7,094,187 | 7,392,133 | — | — | — | |||||||||||||||||||||||||||||
- Variable life | 87,020 | 87,022 | 100,746 | 898,049 | 891,216 | 892,429 | |||||||||||||||||||||||||||||
- Variable universal life | 82,716 | 82,710 | 83,211 | 800,413 | 787,136 | 788,763 | |||||||||||||||||||||||||||||
- Miscellaneous reserves | 1,068 | 1,068 | 1,243 | — | — | — | |||||||||||||||||||||||||||||
Not subject to discretionary withdrawal, with no cash value: |
|||||||||||||||||||||||||||||||||||
- Term policies without cash value | XXX | XXX | 101,076 | XXX | XXX | — | |||||||||||||||||||||||||||||
- Accidental death benefits | XXX | XXX | 468 | XXX | XXX | — | |||||||||||||||||||||||||||||
- Disability-active lives | XXX | XXX | 6,136 | XXX | XXX | — | |||||||||||||||||||||||||||||
- Disability-disabled lives | XXX | XXX | 16,663 | XXX | XXX | — | |||||||||||||||||||||||||||||
- Miscellaneous reserves | XXX | XXX | 99,760 | XXX | XXX | — | |||||||||||||||||||||||||||||
Total (gross: direct + assumed) | 8,052,886 | 8,045,110 | 9,119,500 | 1,698,462 | 1,678,352 | 1,681,192 | |||||||||||||||||||||||||||||
Less: Reinsurance ceded | 343,805 | 337,512 | 943,844 | — | — | — | |||||||||||||||||||||||||||||
Total, net | $ | 7,709,081 | $ | 7,707,598 | $ | 8,175,656 | $ | 1,698,462 | $ | 1,678,352 | $ | 1,681,192 |
Notes to Statutory Financial Statements
|
(continued) |
General Account | Separate Account - Non-guaranteed | ||||||||||||||||||||||||||||||||||
Account Value |
General Account Cash Value |
Reserve | Account Value |
Cash Value |
Reserve | ||||||||||||||||||||||||||||||
Subject to discretionary withdrawal, surrender values or policy loans: |
|||||||||||||||||||||||||||||||||||
- Term policies with cash value | $ | 1,741 | $ | 1,741 | $ | 9,047 | $ | — | $ | — | $ | — | |||||||||||||||||||||||
- Universal life | 644,858 | 643,540 | 670,901 | — | — | — | |||||||||||||||||||||||||||||
- Universal life with secondary guarantees | 188,800 | 179,810 | 666,234 | — | — | — | |||||||||||||||||||||||||||||
- Indexed universal life | — | — | — | — | — | — | |||||||||||||||||||||||||||||
- Indexed universal
life with secondary guarantees |
— | — | — | — | — | — | |||||||||||||||||||||||||||||
- Indexed life | — | — | — | — | — | — | |||||||||||||||||||||||||||||
- Other permanent cash value life insurance | 7,277,478 | 7,273,442 | 7,585,497 | — | — | — | |||||||||||||||||||||||||||||
- Variable life | 86,040 | 85,422 | 98,709 | 842,012 | 835,864 | 836,363 | |||||||||||||||||||||||||||||
- Variable universal life | 84,845 | 84,393 | 85,774 | 705,274 | 690,350 | 693,058 | |||||||||||||||||||||||||||||
- Miscellaneous reserves | 1,024 | 1,024 | 1,199 | — | — | — | |||||||||||||||||||||||||||||
Not subject to discretionary withdrawal, with no cash value: |
|||||||||||||||||||||||||||||||||||
- Term policies without cash value | XXX | XXX | 107,382 | XXX | XXX | — | |||||||||||||||||||||||||||||
- Accidental death benefits | XXX | XXX | 512 | XXX | XXX | — | |||||||||||||||||||||||||||||
- Disability-active lives | XXX | XXX | 6,880 | XXX | XXX | — | |||||||||||||||||||||||||||||
- Disability-disabled lives | XXX | XXX | 19,429 | XXX | XXX | — | |||||||||||||||||||||||||||||
- Miscellaneous reserves | XXX | XXX | 103,340 | XXX | XXX | — | |||||||||||||||||||||||||||||
Total (gross: direct + assumed) | 8,284,786 | 8,269,372 | 9,354,904 | 1,547,286 | 1,526,214 | 1,529,421 | |||||||||||||||||||||||||||||
Less: Reinsurance ceded | 352,795 | 344,436 | 949,115 | — | — | — | |||||||||||||||||||||||||||||
Total, net | $ | 7,931,991 | $ | 7,924,936 | $ | 8,405,789 | $ | 1,547,286 | $ | 1,526,214 | $ | 1,529,421 |
Amount | |||||
Exhibit 5, Life insurance section, total (net) | $ | 8,136,474 | |||
Exhibit 5, Accidental death benefits section, total (net) | 468 | ||||
Exhibit 5, Disability active lives section, total (net) | 5,927 | ||||
Exhibit 5, Disability disabled lives section, total (net) | 11,749 | ||||
Exhibit 5, Miscellaneous reserves section, total (net) | 21,038 | ||||
Subtotal | 8,175,656 | ||||
Separate Accounts Annual Statement: | |||||
Exhibit 3, Line 0299999, column 2 | 1,681,192 | ||||
Exhibit 3, Line 0399999, column 2 | — | ||||
Exhibit 3, Line 0599999, column 2 | — | ||||
Subtotal | 1,681,192 | ||||
Combined total | $ | 9,856,848 |
Notes to Statutory Financial Statements
|
(continued) |
Notes to Statutory Financial Statements
|
(continued) |
2023 | 2022 | 2021 | |||||||||||||||
Direct premiums and annuity considerations | $ | 417,539 | $ | 390,010 | $ | 402,797 | |||||||||||
Reinsurance assumed - non-affiliate | 6,145 | 7,376 | 8,375 | ||||||||||||||
Reinsurance assumed - affiliate | 33,536 | 25,754 | 26,752 | ||||||||||||||
Reinsurance ceded - non-affiliate | (110,154) | (112,450) | (122,583) | ||||||||||||||
Reinsurance ceded - affiliate | (3,864) | (4,872) | (5,771) | ||||||||||||||
Net premiums and annuity considerations | $ | 343,202 | $ | 305,818 | $ | 309,570 | |||||||||||
Direct commissions and expense allowance | $ | 8,528 | $ | 6,962 | $ | 8,689 | |||||||||||
Reinsurance assumed - non-affiliate | 269 | 310 | 314 | ||||||||||||||
Reinsurance assumed - affiliate | 5,729 | 4,857 | 5,052 | ||||||||||||||
Reinsurance ceded - non-affiliate | (4,256) | (5,300) | (5,520) | ||||||||||||||
Reinsurance ceded - affiliate | (9,781) | (9,410) | (8,912) | ||||||||||||||
Net commissions and expense allowance | $ | 489 | $ | (2,581) | $ | (377) | |||||||||||
Direct policy and contract claims incurred | $ | 822,123 | $ | 738,534 | $ | 715,007 | |||||||||||
Reinsurance assumed - non-affiliate | 108,548 | 102,812 | 30,373 | ||||||||||||||
Reinsurance assumed - affiliate | 35,563 | 20,736 | 29,565 | ||||||||||||||
Reinsurance ceded - non affiliate | (221,766) | (218,116) | (196,162) | ||||||||||||||
Reinsurance ceded - affiliate | (82,755) | (81,636) | (23,340) | ||||||||||||||
Net policy and contract claims incurred | $ | 661,713 | $ | 562,330 | $ | 555,443 | |||||||||||
Direct policy and contract claims payable | $ | 158,453 | $ | 109,755 | |||||||||||||
Reinsurance assumed - non-affiliate | 59,323 | 37,087 | |||||||||||||||
Reinsurance assumed - affiliate | 1,483 | 793 | |||||||||||||||
Reinsurance ceded - non-affiliate | (20,334) | (31,460) | |||||||||||||||
Net policy and contract claims payable | $ | 198,925 | $ | 116,175 | |||||||||||||
Direct life insurance in force | $ | 29,778,130 | $ | 32,184,980 | |||||||||||||
Reinsurance assumed | 3,002,453 | 3,036,110 | |||||||||||||||
Reinsurance ceded | (12,733,268) | (14,055,740) | |||||||||||||||
Net insurance in force | $ | 20,047,315 | $ | 21,165,350 |
Notes to Statutory Financial Statements
|
(continued) |
2023 | 2022 | ||||||||||
Membership stock - class B
[1] |
$ | 5.0 | $ | 5.0 | |||||||
Activity stock |
11.3 | — | |||||||||
Aggregate total |
$ | 16.3 | $ | 5.0 | |||||||
Actual or estimated borrowing capacity as
determined by the insurer |
$ | 714.7 | $ | 644.5 |
Notes to Statutory Financial Statements
|
(continued) |
2023 | 2022 | ||||||||||
Fair value |
$ | 385.5 | $ | — | |||||||
Carrying value |
$ | 403.6 | $ | — | |||||||
Aggregate total borrowing | $ | 252.9 | $ | — |
2023 | 2022 | ||||||||||
Fair value |
$ | 385.5 | $ | 4.8 | |||||||
Carrying value |
$ | 445.9 | $ | 4.8 | |||||||
Aggregate total borrowing | $ | 272.9 | $ | — |
2023 | 2022 | ||||||||||
Funding agreements issued |
$ | 252.9 | $ | — | |||||||
Funding agreements reserves
established |
$ | 254.1 | $ | — | |||||||
Maximum amount of funding agreements borrowed
during the year |
$ | 252.9 | $ | — | |||||||
Maximum amount of debt borrowed during the
year |
$ | 252.9 | $ | 4.8 |
Notes to Statutory Financial Statements
|
(continued) |
Type of Business | Gross | Net of Loading | ||||||||||||
Ordinary new | $ | 110 | $ | 103 | ||||||||||
Ordinary renewal | 59,745 | 59,061 | ||||||||||||
Total | $ | 59,855 | $ | 59,164 |
Type of Business | Gross | Net of Loading | ||||||||||||
Ordinary new | $ | 331 | $ | 246 | ||||||||||
Ordinary renewal | 59,643 | 58,917 | ||||||||||||
Total | $ | 59,974 | $ | 59,163 |
Notes to Statutory Financial Statements
|
(continued) |
2023 | 2022 | 2021 | |||||||||||||||
Transfers to separate accounts | $ | 46,942 | $ | 51,716 | $ | 60,956 | |||||||||||
Transfers from separate accounts | (314,077) | (229,882) | (358,638) | ||||||||||||||
Other | — | — | (916) | ||||||||||||||
Net transfers from separate account | (267,135) | (178,166) | (298,598) | ||||||||||||||
Transfers as reported in the Statements of Income
and Changes in Capital and Surplus |
$ | (267,135) | $ | (178,166) | $ | (298,598) |
December 31, 2023 | December 31, 2022 | Change | |||||||||||||||||||||||||||||||||||||||||||||||||||
Ordinary | Capital | Total | Ordinary | Capital | Total | Ordinary | Capital | Total | |||||||||||||||||||||||||||||||||||||||||||||
Gross deferred tax assets | $ | 194,378 | $ | 23,312 | $ | 217,690 | $ | 189,266 | $ | 15,500 | $ | 204,766 | $ | 5,112 | $ | 7,812 | $ | 12,924 | |||||||||||||||||||||||||||||||||||
Statutory valuation allowance | — | 2,402 | 2,402 | — | — | — | — | 2,402 | 2,402 | ||||||||||||||||||||||||||||||||||||||||||||
Adjusted gross deferred tax assets | 194,378 | 20,910 | 215,288 | 189,266 | 15,500 | 204,766 | 5,112 | 5,410 | 10,522 | ||||||||||||||||||||||||||||||||||||||||||||
Less: Deferred tax assets non-admitted | 104,299 | — | 104,299 | 71,067 | 1,848 | 72,915 | 33,232 | (1,848) | 31,384 | ||||||||||||||||||||||||||||||||||||||||||||
Subtotal net admitted deferred tax assets | 90,079 | 20,910 | 110,989 | 118,199 | 13,652 | 131,851 | (28,120) | 7,258 | (20,862) | ||||||||||||||||||||||||||||||||||||||||||||
Less: Deferred tax liabilities | 48,286 | 21,170 | 69,456 | 53,683 | 11,877 | 65,560 | (5,397) | 9,293 | 3,896 | ||||||||||||||||||||||||||||||||||||||||||||
Net deferred tax assets | $ | 41,793 | $ | (260) | $ | 41,533 | $ | 64,516 | $ | 1,775 | $ | 66,291 | $ | (22,723) | $ | (2,035) | $ | (24,758) |
Notes to Statutory Financial Statements
|
(continued) |
December 31, 2023 | December 31, 2022 | Change | |||||||||||||||||||||||||||||||||||||||||||||||||||
Ordinary | Capital | Total | Ordinary | Capital | Total | Ordinary | Capital | Total | |||||||||||||||||||||||||||||||||||||||||||||
Federal income taxes paid in prior years recoverable through loss carrybacks |
$ | — | $ | — | $ | — | $ | — | $ | 1,203 | $ | 1,203 | $ | — | $ | (1,203) | $ | (1,203) | |||||||||||||||||||||||||||||||||||
Adjusted gross deferred tax assets expected to
be realized after application of the threshold limitation |
41,793 | (260) | 41,533 | 64,516 | 572 | 65,088 | (22,723) | (832) | (23,555) | ||||||||||||||||||||||||||||||||||||||||||||
1) Adjusted gross deferred tax assets expected
to be realized following the balance sheet date |
41,793 | (260) | 41,533 | 65,530 | 602 | 66,132 | (23,737) | (862) | (24,599) | ||||||||||||||||||||||||||||||||||||||||||||
2) Adjusted gross deferred tax assets
allowed per limitation threshold |
XXX | XXX | 41,534 | XXX | XXX | 72,309 | XXX | XXX | (30,775) | ||||||||||||||||||||||||||||||||||||||||||||
Adjusted gross deferred tax assets offset
by gross deferred tax liabilities |
48,286 | 21,170 | 69,456 | 53,683 | 11,877 | 65,560 | (5,397) | 9,293 | 3,896 | ||||||||||||||||||||||||||||||||||||||||||||
Deferred tax assets admitted as the result
of application of SSAP No, 101 |
$ | 90,079 | $ | 20,910 | $ | 110,989 | $ | 118,199 | $ | 13,652 | $ | 131,851 | $ | (28,120) | $ | 7,258 | $ | (20,862) |
2023 | |||||
Ratio percentage used to determine recovery period and threshold limitation amount | 621 | % | |||
Amount of adjusted capital and surplus used to determine recovery period and threshold limitation | $ | 276,893 |
NNY |
DLNY | ||||||||||
Ratio percentage used to determine recovery period and threshold limitation amount | 822 | % | 1,202 | % | |||||||
Amount of adjusted capital and surplus used to determine recovery period and threshold limitation | $ | 343,635 | $ | 138,429 |
December 31, 2023 | December 31, 2022 | Change | |||||||||||||||||||||||||||||||||
Ordinary | Capital | Ordinary | Capital | Ordinary | Capital | ||||||||||||||||||||||||||||||
Impact of tax planning strategies | |||||||||||||||||||||||||||||||||||
Adjusted gross DTAs | $ | 194,378 | $ | 20,910 | $ | 189,266 | $ | 15,500 | $ | 5,112 | $ | 5,410 | |||||||||||||||||||||||
% of total adjusted gross DTAs | — | % | — | % | — | % | — | % | — | % | — | % | |||||||||||||||||||||||
Net admitted adjusted gross DTAs | $ | 90,079 | $ | 20,910 | $ | 118,199 | $ | 13,652 | $ | (28,120) | $ | 7,258 | |||||||||||||||||||||||
% of total net admitted adjusted gross DTAs | — | % | — | % | — | % | — | % | — | % | — | % |
Notes to Statutory Financial Statements
|
(continued) |
2023 | 2022 | Change | |||||||||||||||
Current income tax: | |||||||||||||||||
Federal | $ | (16,814) | $ | 6,143 | $ | (22,957) | |||||||||||
Subtotal | (16,814) | 6,143 | (22,957) | ||||||||||||||
Federal income tax on net capital gains | 6,827 | 32 | 6,795 | ||||||||||||||
Federal and foreign income tax expense (benefit) incurred | $ | (9,987) | $ | 6,175 | $ | (16,162) | |||||||||||
Deferred tax assets: | |||||||||||||||||
Ordinary: | |||||||||||||||||
Future policyholder benefits | $ | 60,273 | $ | 70,748 | $ | (10,475) | |||||||||||
Investments | 55,350 | 56,578 | (1,228) | ||||||||||||||
Deferred acquisition costs | 26,022 | 27,529 | (1,507) | ||||||||||||||
Policyholder dividends accrual | 22,213 | 23,319 | (1,106) | ||||||||||||||
Fixed assets | 1,489 | 1,489 | — | ||||||||||||||
Compensation and benefits accrual | 3,117 | 3,463 | (346) | ||||||||||||||
Prior period
adjustments |
— | 272 | (272) | ||||||||||||||
Net operating loss carryforward | 16,010 | — | 16,010 | ||||||||||||||
Tax credit carryforward | — | — | — | ||||||||||||||
Other (including items <5% of total ordinary tax assets) | 9,904 | 5,868 | 4,036 | ||||||||||||||
Subtotal | 194,378 | 189,266 | 5,112 | ||||||||||||||
Non-admitted | 104,299 | 71,067 | 33,232 | ||||||||||||||
Admitted ordinary deferred tax assets | $ | 90,079 | $ | 118,199 | $ | (28,120) | |||||||||||
Capital: | |||||||||||||||||
Investments | $ | 18,059 | $ | 14,637 | $ | 3,422 | |||||||||||
Net capital loss carryforward | 4,949 | — | 4,949 | ||||||||||||||
Other (including items <5% of total capital tax assets) | 304 | 863 | (559) | ||||||||||||||
Subtotal | 23,312 | 15,500 | 7,812 | ||||||||||||||
Statutory valuation allowance |
2,402 | — | 2,402 | ||||||||||||||
Non-admitted | — | 1,848 | (1,848) | ||||||||||||||
Admitted capital deferred tax assets | 20,910 | 13,652 | 7,258 | ||||||||||||||
Admitted deferred tax assets | $ | 110,989 | $ | 131,851 | $ | (20,862) | |||||||||||
Deferred tax liabilities: | |||||||||||||||||
Ordinary: | |||||||||||||||||
Investments | $ | 30,515 | $ | 30,365 | $ | 150 | |||||||||||
Fixed assets | 2,264 | 2,073 | 191 | ||||||||||||||
Compensation | 5,543 | 5,550 | (7) | ||||||||||||||
Policyholder reserves | 9,961 | 15,546 | (5,585) | ||||||||||||||
Deferred and uncollected premiums | — | — | — | ||||||||||||||
Other (including items <5% of total ordinary tax liabilities) | 3 | 149 | (146) | ||||||||||||||
Subtotal | 48,286 | 53,683 | (5,397) | ||||||||||||||
Capital: | |||||||||||||||||
Investments | 21,170 | 11,877 | 9,293 | ||||||||||||||
Other (including items <5% of total ordinary tax liabilities) | — | — | — | ||||||||||||||
Subtotal | 21,170 | 11,877 | 9,293 | ||||||||||||||
Deferred tax liabilities | 69,456 | 65,560 | 3,896 | ||||||||||||||
Net admitted deferred tax assets (liabilities) | $ | 41,533 | $ | 66,291 | $ | (24,758) |
Notes to Statutory Financial Statements
|
(continued) |
December 31, 2023 | |||||||||||||||||
Amount | Tax Effect | Effective Tax Rate | |||||||||||||||
Income before taxes | $ | (25,860) | $ | (5,431) | 21.0 | % | |||||||||||
Interest maintenance reserve | (21,373) | (4,488) | 17.4 | % | |||||||||||||
Dividends received deduction | (2,731) | (573) | 2.2 | % | |||||||||||||
Return to provision | (224) | (47) | 0.2 | % | |||||||||||||
Change in non-admitted assets | (14,465) | (3,038) | 11.7 | % | |||||||||||||
Change in valuation allowance |
11,437 | 2,402 | (9.3 | %) | |||||||||||||
Other, including prior year true-up | 2,146 | 451 | (1.7 | %) | |||||||||||||
Total statutory income tax | $ | (51,070) | $ | (10,725) | 41.5 | % | |||||||||||
Federal income taxes incurred | $ | (3,827) | 14.8 | % | |||||||||||||
Tax on capital gains/(losses) | 6,827 | (26.4 | %) | ||||||||||||||
Prior year overaccrual/(underaccrual) | (12,987) | 50.2 | % | ||||||||||||||
Change in net deferred income tax expense/(benefit) | (737) | 2.8 | % | ||||||||||||||
Total statutory income tax | $ | (10,725) | 41.5 | % |
December 31, 2022 | |||||||||||||||||
Amount | Tax Effect | Effective Tax Rate | |||||||||||||||
Income before taxes | $ | 53,426 | $ | 11,219 | 21.0 | % | |||||||||||
Investment related |
(297) | (62) | (0.1 | %) | |||||||||||||
Tax credits |
(299) | (63) | (0.1 | %) | |||||||||||||
Interest maintenance reserve | (19,903) | (4,180) | (7.8 | %) | |||||||||||||
Dividends received deduction | (2,800) | (588) | (1.1 | %) | |||||||||||||
Return to provision | (4,496) | (944) | (1.8 | %) | |||||||||||||
Change in non-admitted assets | (2,592) | (544) | (1.0 | %) | |||||||||||||
Miscellaneous | 2 | — | — | % | |||||||||||||
Other, including prior year true-up | 1,121 | 235 | 0.4 | % | |||||||||||||
Total statutory income tax | $ | 24,162 | $ | 5,074 | 9.5 | % | |||||||||||
Federal income taxes incurred | $ | 5,631 | 10.5 | % | |||||||||||||
Tax on capital gains/(losses) | 2,574 | 4.8 | % | ||||||||||||||
Prior year overaccrual/(underaccrual) | (2,030) | (3.8 | %) | ||||||||||||||
Change in net deferred income tax expense/(benefit) | (1,101) | (2.1 | %) | ||||||||||||||
Total statutory income tax | $ | 5,074 | 9.5 | % |
Notes to Statutory Financial Statements
|
(continued) |
December 31, 2021 | |||||||||||||||||
Amount | Tax Effect | Effective Tax Rate | |||||||||||||||
(in thousands) | |||||||||||||||||
Income before taxes | $ | 110,946 | $ | 23,299 | 21.0 | % | |||||||||||
Interest maintenance reserve | (9,572) | (2,010) | (1.8 | %) | |||||||||||||
Dividends received deduction | (2,310) | (485) | (0.4 | %) | |||||||||||||
NOL carryback | 5,335 | 1,120 | 1.0 | % | |||||||||||||
Return to provision | 6,837 | 1,436 | 1.3 | % | |||||||||||||
Change in non-admitted assets | 8,141 | 1,710 | 1.5 | % | |||||||||||||
Other, including prior year true-up | 20,949 | 4,399 | 4.0 | % | |||||||||||||
Total statutory income tax | $ | 140,326 | $ | 29,468 | 26.6 | % | |||||||||||
Federal income taxes incurred | $ | 18,819 | 17.0 | % | |||||||||||||
Tax on capital gains/(losses) | 3,066 | 2.8 | % | ||||||||||||||
Prior year overaccrual/(underaccrual) | 1,680 | 1.5 | % | ||||||||||||||
Change in net deferred income tax expense/(benefit) | 5,903 | 5.3 | % | ||||||||||||||
Total statutory income tax | $ | 29,468 | 26.6 | % |
2023 | 2022 | ||||||||||
The Company had net operating loss carryforwards of | $ | 76,240 | $ | — | |||||||
The Company had capital loss carryforwards of | 23,569 | — | |||||||||
Notes to Statutory Financial Statements
|
(continued) |
Notes to Statutory Financial Statements
|
(continued) |
Notes to Statutory Financial Statements
|
(continued) |
Notes to Statutory Financial Statements
|
(continued) |
Notes to Statutory Financial Statements
|
(continued) |
2023 | |||||||||||||||||||||||||||||
Level 1 | Level 2 | Level 3 | NAV |
Total | |||||||||||||||||||||||||
Assets at fair value: | |||||||||||||||||||||||||||||
Bonds | $ | — | $ | 5,334 | $ | 12,470 | $ | — | $ | 17,804 | |||||||||||||||||||
Preferred stock | — | 21,801 | 7,600 | — | 29,401 | ||||||||||||||||||||||||
Common stock [1] | — | — | 38,368 | — | 38,368 | ||||||||||||||||||||||||
Subtotal | — | 27,135 | 58,438 | — | 85,573 | ||||||||||||||||||||||||
Derivative assets | — | 57,077 | — | — | 57,077 | ||||||||||||||||||||||||
Other invested assets |
— | 18,913 | 66,104 | — | 85,017 | ||||||||||||||||||||||||
Separate account assets | 2,811,809 | 221,154 | 338 | — | 3,033,301 | ||||||||||||||||||||||||
Total assets at fair value | $ | 2,811,809 | $ | 324,279 | $ | 124,880 | $ | — | $ | 3,260,968 | |||||||||||||||||||
Liabilities at fair value: | |||||||||||||||||||||||||||||
Derivative liabilities | $ | — | $ | 53,530 | $ | — | $ | — | $ | 53,530 | |||||||||||||||||||
Total liabilities at fair value | $ | — | $ | 53,530 | $ | — | $ | — | $ | 53,530 |
2022 | |||||||||||||||||||||||||||||
Level 1 | Level 2 | Level 3 | NAV |
Total | |||||||||||||||||||||||||
Assets at fair value: | |||||||||||||||||||||||||||||
Bonds | $ | — | $ | 3,277 | $ | 2,352 | $ | — | $ | 5,629 | |||||||||||||||||||
Preferred stock | — | 24,358 | 7,051 | — | 31,409 | ||||||||||||||||||||||||
Common stock [1] | — | — | 27,213 | — | 27,213 | ||||||||||||||||||||||||
Subtotal | — | 27,635 | 36,616 | — | 64,251 | ||||||||||||||||||||||||
Other invested assets |
— | 20,598 | 81,349 | — | 101,947 | ||||||||||||||||||||||||
Separate account assets | 2,654,450 | 250,874 | 8,663 | 8,891 | 2,922,878 | ||||||||||||||||||||||||
Total assets at fair value | $ | 2,654,450 | $ | 299,107 | $ | 126,628 | $ | 8,891 | $ | 3,089,076 | |||||||||||||||||||
Liabilities at fair value: | |||||||||||||||||||||||||||||
Derivative liabilities | $ | — | $ | 57,801 | $ | — | $ | — | $ | 57,801 | |||||||||||||||||||
Total liabilities at fair value | $ | — | $ | 57,801 | $ | — | $ | — | $ | 57,801 |
Notes to Statutory Financial Statements
|
(continued) |
2023 | 2022 | ||||||||||
Level 3 Assets: | |||||||||||
Balance, beginning of period | $ | 126,628 | $ | 110,359 | |||||||
Purchases | 4,063 | 83,102 | |||||||||
Sales | (21,669) | (14,784) | |||||||||
Settlements | — | (5,553) | |||||||||
Transfers into Level 3 | 10,868 | 16,815 | |||||||||
Transfers out of Level 3 | (3,496) | (50,161) | |||||||||
Realized gains (losses) | 4,844 | (3,481) | |||||||||
Unrealized gains (losses) | 3,642 | (9,669) | |||||||||
Balance, end of period | $ | 124,880 | $ | 126,628 |
Aggregate Fair Value |
Admitted Assets |
Level 1 | Level 2 | Level 3 | NAV |
Not Practicable (Carrying Value) | |||||||||||||||||||||||||||||||||||
Financial Instruments: | |||||||||||||||||||||||||||||||||||||||||
Bonds | $ | 6,252,516 | $ | 6,993,422 | $ | — | $ | 4,462,184 | $ | 1,790,332 | $ | — | $ | — | |||||||||||||||||||||||||||
Preferred stock | 48,236 | 49,028 | — | 31,727 | 16,509 | — | — | ||||||||||||||||||||||||||||||||||
Common stock | 38,368 | 38,368 | — | — | 38,368 | — | — | ||||||||||||||||||||||||||||||||||
Mortgage loans | 470,665 | 517,608 | — | — | 470,665 | — | — | ||||||||||||||||||||||||||||||||||
Residual tranches & surplus
debentures |
173,142 | 188,760 | — | 102,003 | 71,139 | — | — | ||||||||||||||||||||||||||||||||||
Cash, cash equivalents & short-term investments |
162,188 | 162,242 | 162,188 | — | — | — | — | ||||||||||||||||||||||||||||||||||
Derivatives | 3,547 | 3,547 | — | 3,547 | — | — | — | ||||||||||||||||||||||||||||||||||
Separate account assets | 3,033,301 | 3,033,301 | 2,811,809 | 221,154 | 338 | — | — | ||||||||||||||||||||||||||||||||||
Total financial instruments | $ | 10,181,963 | $ | 10,986,276 | $ | 2,973,997 | $ | 4,820,615 | $ | 2,387,351 | $ | — | $ | — |
Notes to Statutory Financial Statements
|
(continued) |
(in thousands except where noted in millions)
Aggregate Fair Value |
Admitted Assets |
Level 1 | Level 2 | Level 3 | NAV |
Not Practicable (Carrying Value) | |||||||||||||||||||||||||||||||||||
Financial Instruments: | |||||||||||||||||||||||||||||||||||||||||
Bonds | $ | 6,589,768 | $ | 7,545,870 | $ | — | $ | 4,745,506 | $ | 1,844,262 | $ | — | $ | — | |||||||||||||||||||||||||||
Preferred stock | 48,712 | 50,783 | — | 33,888 | 14,824 | — | — | ||||||||||||||||||||||||||||||||||
Common stock | 27,213 | 27,213 | — | — | 27,213 | — | — | ||||||||||||||||||||||||||||||||||
Mortgage loans | 477,499 | 535,875 | — | 13,660 | 463,839 | — | — | ||||||||||||||||||||||||||||||||||
Residual tranches & surplus
debentures |
175,734 | 187,228 | — | 89,392 | 86,342 | — | — | ||||||||||||||||||||||||||||||||||
Cash, cash equivalents & short-term investments |
147,710 | 148,609 | 88,326 | 8,205 | 51,179 | — | — | ||||||||||||||||||||||||||||||||||
Contract loans | 6,165 | 6,538 | — | — | 6,165 | — | — | ||||||||||||||||||||||||||||||||||
Other invested assets | 19,070 | 24,477 | — | 16,053 | 3,017 | — | — | ||||||||||||||||||||||||||||||||||
Derivatives | (57,801) | — | — | (57,801) | — | — | — | ||||||||||||||||||||||||||||||||||
Separate account assets | 2,922,878 | 2,922,878 | 2,654,450 | 250,874 | 8,663 | 8,891 | — | ||||||||||||||||||||||||||||||||||
Total financial instruments | $ | 10,356,948 | $ | 11,449,471 | $ | 2,742,776 | $ | 5,099,777 | $ | 2,505,504 | $ | 8,891 | $ | — |
Item # | Date Issued |
Interest Rate |
Original Issue Amount of Note |
Note Holder a Related Party (Y/N) |
Carrying Value of Notes Prior Year |
Carrying Value of Notes Current Year |
Unapproved Interest and/or Principal | |||||||||||||||||||||||||||||||||||||
1000 | 12/15/2004 | 7.15% | $ | 175.0 | N | $ | 126.4 | $ | 126.4 | $ | — | |||||||||||||||||||||||||||||||||
Total | $ | 175.0 | $ | 126.4 | $ | 126.4 | $ | — |
Notes to Statutory Financial Statements
|
(continued) |
Item # | Current Year Interest Expense Recognized |
Life-to-Date Interest Expense Recognized |
Current Year Interest Offset Percentage |
Current Year Principal Paid |
Life-to-Date Principal Paid |
Date of Maturity | ||||||||||||||||||||||||||||||||
1000 | $ | 9.1 | $ | 189.8 | N/A | $ | — | $ | 48.3 | 12/15/2034 | ||||||||||||||||||||||||||||
Total | $ | 9.1 | $ | 189.8 | $ | — | $ | 48.3 |
Item # | Are Surplus Note payments contractually linked (Y/N) |
Surplus Note payments subject to administrative offsetting provisions (Y/N) |
Were Surplus Note proceeds used to purchase an asset directly from the holder of the surplus (Y/N) |
Is Asset Issuer a Related Party (Y/N) |
Types of Assets |
Principal Amount of Assets Received Upon Issuance |
Book/Adjusted Carrying Value of Assets |
Is Liquidity Source a Related Party to the Issuer (Y/N) | ||||||||||||||||||||||||||||||||||||||||||
1000 | N | N | N | N | Cash | $ | 173.9 | $ | 173.9 | N | ||||||||||||||||||||||||||||||||||||||||
Total | $ | 173.9 | $ | 173.9 |
Change in Surplus |
Change in Gross Paid-in and Contributed Surplus | |||||||||||||
2016 | $ | — | $ | (896.9) |
Notes to Statutory Financial Statements
|
(continued) |
Assets* | Liabilities* | ||||||||||||||||||||||
2023 | 2022 | 2023 | 2022 | ||||||||||||||||||||
Swaps | $ | 900,000 | $ | 311,199 | $ | 18,423 | $ | — | |||||||||||||||
Total | $ | 900,000 | $ | 311,199 | $ | 18,423 | $ | — |
Notes to Statutory Financial Statements
|
(continued) |
NNY | DLNY | ||||||||||
Revenue | $ | 333.9 | $ | 29.6 | |||||||
Net income (loss) | $ | (62.2) | $ | 14.7 | |||||||
Other surplus adjustments | $ | (12.7) | $ | (5.1) |
December 31, 2023 |
Amortized Cost |
Fair Value |
Amount shown in the balance sheet | |||||||||||||||
Fixed
maturities: |
|||||||||||||||||
Bonds:
|
|||||||||||||||||
U.S. government
and government agencies and authorities |
$ | 240,740 | $ | 167,630 | $ | 240,740 | |||||||||||
States,
municipalities and political subdivisions |
34,814 | 32,445 | 34,814 | ||||||||||||||
Foreign
governments |
102,769 | 88,184 | 102,769 | ||||||||||||||
All
other corporate bonds [1] |
6,369,477 | 5,733,993 | 6,369,232 | ||||||||||||||
Redeemable
preferred stock |
50,074 | 48,236 | 49,028 | ||||||||||||||
Total fixed
maturities |
6,797,874 | 6,070,488 | 6,796,583 | ||||||||||||||
Equity
securities: |
|||||||||||||||||
Common
stock: |
|||||||||||||||||
Industrial,
miscellaneous and all other |
27,054 | 38,368 | 38,368 | ||||||||||||||
Total equity
securities |
27,054 | 38,368 | 38,368 | ||||||||||||||
Mortgage
loans |
515,829 | 468,850 | 517,609 | ||||||||||||||
Real estate, at
depreciated cost |
27,446 | XXX | 27,446 | ||||||||||||||
Contract
loans |
2,496,443 | XXX | 2,496,443 | ||||||||||||||
Other invested assets
[2] |
345,204 | 330,051 | 343,759 | ||||||||||||||
Cash and short-term
investments |
162,242 | 162,242 | 162,242 | ||||||||||||||
Receivables for
securities |
5,820 | XXX | 5,820 | ||||||||||||||
Total cash and invested
assets |
$ | 130,77,912 | $ | 10,388,270 |
December 31, 2022 | (continued) |
Amortized Cost |
Fair Value |
Amount shown in the balance sheet | |||||||||||||||
Fixed
maturities: |
|||||||||||||||||
Bonds:
|
|||||||||||||||||
U.S. government
and government agencies and authorities |
$ | 241,993 | $ | 167,756 | $ | 241,993 | |||||||||||
States,
municipalities and political subdivisions |
35,874 | 33,000 | 35,874 | ||||||||||||||
Foreign
governments |
105,654 | 89,956 | 105,654 | ||||||||||||||
All
other corporate bonds [1] |
6,862,349 | 6,051,886 | 6,896,641 | ||||||||||||||
Redeemable
preferred stock |
53,429 | 48,710 | 50,783 | ||||||||||||||
Total fixed
maturities |
7,299,299 | 6,391,308 | 7,330,945 | ||||||||||||||
Equity
securities: |
|||||||||||||||||
Common
stock: |
|||||||||||||||||
Industrial,
miscellaneous and all other |
16,796 | 27,213 | 27,213 | ||||||||||||||
Total equity
securities |
16,796 | 27,213 | 27,213 | ||||||||||||||
Mortgage
loans |
535,875 | 476,770 | 535,875 | ||||||||||||||
Real estate, at
depreciated cost |
27,148 | XXX | 27,148 | ||||||||||||||
Contract
loans |
2,482,361 | XXX | 2,482,361 | ||||||||||||||
Other invested assets
[2] |
451,686 | 440,192 | 447,577 | ||||||||||||||
Cash and short-term
investments |
148,608 | 148,601 | 148,609 | ||||||||||||||
Receivables for
securities |
3,163 | XXX | 3,163 | ||||||||||||||
Derivative collateral | 70,474 | XXX | 70,474 | ||||||||||||||
Total cash and invested
assets |
$ | 11,035,410 | $ | 11,073,365 |
For the years ended December 31, 2023, 2022 and 2021 |
As of December 31, | For the years ended December 31, | ||||||||||||||||||||||||||||||||||
Future
policy benefits, losses and claims |
Other policy claims and benefits payable |
Premium and annuity considerations |
Net investment income |
Benefits, claims and losses |
Other operating expenses | ||||||||||||||||||||||||||||||
2023: | |||||||||||||||||||||||||||||||||||
Insurance Segment | $ | 10,077,924 | $ | 198,925 | $ | 343,202 | $ | 578,124 | $ | 610,520 | $ | 114,009 | |||||||||||||||||||||||
2022: | |||||||||||||||||||||||||||||||||||
Insurance Segment | $ | 10,328,341 | $ | 116,175 | 305,818 | $ | 621,969 | $ | 570,358 | $ | 117,475 | ||||||||||||||||||||||||
2021: | |||||||||||||||||||||||||||||||||||
Insurance Segment | $ | 10,649,570 | $ | 184,763 | $ | 309,570 | $ | 718,275 | $ | 573,672 | $ | 151,395 |
For the years ended December 31, 2023, 2022 and 2021 |
Gross amount |
Reinsurance ceded |
Reinsurance assumed |
Net amount |
Percentage of assumed to net | |||||||||||||||||||||||||
Life insurance in force: | |||||||||||||||||||||||||||||
2023 | $ | 29,778,130 | $ | 12,733,268 | $ | 3,002,453 | $ | 20,047,315 | 15% | ||||||||||||||||||||
2022 | 32,184,980 | 14,055,740 | 3,036,110 | 21,165,350 | 14% | ||||||||||||||||||||||||
2021 | 35,008,124 | 15,350,674 | 3,033,651 | 22,691,101 | 13% | ||||||||||||||||||||||||
Life insurance premiums: | |||||||||||||||||||||||||||||
2023 | $ | 417,539 | $ | 114,018 | $ | 39,681 | $ | 343,202 | 12% | ||||||||||||||||||||
2022 | 390,010 | 117,322 | 33,130 | 305,818 | 11% | ||||||||||||||||||||||||
2021 | 402,797 | 128,354 | 35,127 | 309,570 | 11% |
ANNUAL REPORT
FIRST INVESTORS LIFE
SEPARATE ACCOUNT E
December 31, 2023
FIRST INVESTORS LIFE
SEPARATE ACCOUNT E
STATEMENT OF NET ASSETS
December 31, 2023
Goldman Sachs VIT Government Money Market |
Delaware VIP Fund for Income |
Delaware VIP Growth & Income |
Delaware VIP International |
|||||||||||||
Assets: |
||||||||||||||||
Investments at fair value |
$ | 3,844,962 | $ | 8,765,134 | $ | 42,170,514 | $ | 10,732,526 | ||||||||
|
|
|
|
|
|
|
|
|||||||||
Total assets |
$ | 3,844,962 | $ | 8,765,134 | $ | 42,170,514 | $ | 10,732,526 | ||||||||
|
|
|
|
|
|
|
|
|||||||||
Total net assets |
$ | 3,844,962 | $ | 8,765,134 | $ | 42,170,514 | $ | 10,732,526 | ||||||||
|
|
|
|
|
|
|
|
|||||||||
Units outstanding |
310,437 | 370,389 | 1,024,864 | 403,682 | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Investment shares held |
3,844,962 | 1,551,351 | 1,315,362 | 640,748 | ||||||||||||
Investments at cost |
$ | 3,844,962 | $ | 9,525,726 | $ | 40,034,587 | $ | 11,877,373 |
Unit Value | Units Outstanding |
Unit Value | Units Outstanding |
Unit Value | Units Outstanding |
Unit Value | Units Outstanding |
|||||||||||||||||||||||||
Separate Account E |
$ | 12.385 | 310,437 | $ | 23.665 | 370,389 | $ | 41.147 | 1,024,864 | $ | 26.587 | 403,682 |
The accompanying notes are an integral part of these financial statements.
SA - 1
FIRST INVESTORS LIFE
SEPARATE ACCOUNT E
STATEMENTS OF NET ASSETS
December 31, 2023
(Continued)
Delaware VIP Growth Equity |
Delaware VIP Investment Grade |
Delaware VIP Limited Duration Bond |
Delaware VIP Opportunity |
|||||||||||||
Assets: |
||||||||||||||||
Investments at fair value |
$ | 19,905,039 | $ | 5,321,051 | $ | 3,180,271 | $ | 21,637,278 | ||||||||
|
|
|
|
|
|
|
|
|||||||||
Total assets |
$ | 19,905,039 | $ | 5,321,051 | $ | 3,180,271 | $ | 21,637,278 | ||||||||
|
|
|
|
|
|
|
|
|||||||||
Total net assets |
$ | 19,905,039 | $ | 5,321,051 | $ | 3,180,271 | $ | 21,637,278 | ||||||||
|
|
|
|
|
|
|
|
|||||||||
Units outstanding |
367,220 | 281,620 | 298,182 | 754,354 | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Investment shares held |
1,223,420 | 606,733 | 348,714 | 1,241,381 | ||||||||||||
Investments at cost |
$ | 17,915,221 | $ | 6,259,531 | $ | 3,271,181 | $ | 18,974,154 |
Unit Value | Units Outstanding |
Unit Value | Units Outstanding |
Unit Value | Units Outstanding |
Unit Value | Units Outstanding |
|||||||||||||||||||||||||
Separate Account E |
$ | 54.205 | 367,220 | $ | 18.894 | 281,620 | $ | 10.666 | 298,182 | $ | 28.683 | 754,354 |
The accompanying notes are an integral part of these financial statements.
SA - 2
FIRST INVESTORS LIFE
SEPARATE ACCOUNT E
STATEMENTS OF NET ASSETS
December 31, 2023
(Continued)
Delaware VIP
Total Return |
Delaware VIP Small Cap Value(a) |
Delaware VIP Equity Income(b) |
Delaware VIP Special Situations(b) |
|||||||||||||
Assets: |
||||||||||||||||
Investments at fair value |
$ | 9,599,365 | $ | 16,823,792 | $ | - | $ | - | ||||||||
|
|
|
|
|
|
|
|
|||||||||
Total assets |
$ | 9,599,365 | $ | 16,823,792 | $ | - | $ | - | ||||||||
|
|
|
|
|
|
|
|
|||||||||
Total net assets |
$ | 9,599,365 | $ | 16,823,792 | $ | - | $ | - | ||||||||
|
|
|
|
|
|
|
|
|||||||||
Units outstanding |
512,126 | 1,454,059 | - | - | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Investment shares held |
768,564 | 438,234 | - | - | ||||||||||||
Investments at cost |
$ | 9,257,240 | $ | 14,694,778 | $ | - | $ | - |
Unit Value | Units Outstanding |
Unit Value | Units Outstanding |
Unit Value | Units Outstanding |
Unit Value | Units Outstanding |
|||||||||||||||||||||||||
Separate Account E |
$ | 18.744 | 512,126 | $ | 11.570 | 1,454,059 | $ | - | - | $ | - | - |
(a) | Addition. See Note 2. |
(b) | Merger. See Note 2. |
The accompanying notes are an integral part of these financial statements.
SA - 3
FIRST INVESTORS LIFE
SEPARATE ACCOUNT E
STATEMENTS OF OPERATIONS
For the year ended December 31, 2023
Goldman Sachs VIT Government Money Market |
Delaware VIP Fund for Income |
Delaware VIP Growth & Income |
Delaware VIP International |
|||||||||||||
Income: |
||||||||||||||||
Dividends |
$ | 188,273 | $ | 512,696 | $ | 749,254 | $ | 146,004 | ||||||||
|
|
|
|
|
|
|
|
|||||||||
Net investment income (loss) |
188,273 | 512,696 | 749,254 | 146,004 | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Realized gains (losses) on investments |
||||||||||||||||
Realized gain (loss) on sale of fund shares |
- | (160,423) | (243,261) | (190,572) | ||||||||||||
Realized gain distributions |
- | - | 1,302,252 | - | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Realized gain (loss) |
- | (160,423) | 1,058,991 | (190,572) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Change in unrealized appreciation (depreciation) during the year |
- | 701,213 | 3,054,327 | 1,388,347 | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Net increase (decrease) in net assets from operations |
$ | 188,273 | $ | 1,053,486 | $ | 4,862,572 | $ | 1,343,779 | ||||||||
|
|
|
|
|
|
|
|
|||||||||
Delaware VIP Growth Equity |
Delaware VIP Investment Grade |
Delaware VIP Limited Duration Bond |
Delaware VIP Opportunity | |||||||||||||
Income: |
||||||||||||||||
Dividends |
$ | 17,803 | $ | 212,155 | $ | 80,718 | $ | 121,076 | ||||||||
|
|
|
|
|
|
|
|
|||||||||
Net investment income (loss) |
17,803 | 212,155 | 80,718 | 121,076 | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Realized gains (losses) on investments |
||||||||||||||||
Realized gain (loss) on sale of fund shares |
245,107 | (147,767) | (15,476) | 99,148 | ||||||||||||
Realized gain distributions |
4,447,790 | - | - | 1,472,514 | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Realized gain (loss) |
4,692,897 | (147,767) | (15,476) | 1,571,662 | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Change in unrealized appreciation (depreciation) during the year |
1,117,793 | 320,309 | 96,816 | 1,379,222 | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Net increase (decrease) in net assets from operations |
$ | 5,828,493 | $ | 384,697 | $ | 162,058 | $ | 3,071,960 | ||||||||
|
|
|
|
|
|
|
|
The accompanying notes are an integral part of these financial statements.
SA - 4
FIRST INVESTORS LIFE
SEPARATE ACCOUNT E
STATEMENTS OF OPERATIONS
For the year ended December 31, 2023
(Continued)
Delaware VIP Total Return |
Delaware VIP Small Cap Value(a) |
Delaware VIP Equity Income(b) |
Delaware VIP Special Situations(b) |
|||||||||||||
Income: |
||||||||||||||||
Dividends |
$ | 192,977 | $ | - | $ | 437,119 | $ | 200,590 | ||||||||
|
|
|
|
|
|
|
|
|||||||||
Net investment income (loss) |
192,977 | - | 437,119 | 200,590 | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Realized gains (losses) on investments |
||||||||||||||||
Realized gain (loss) on sale of fund shares |
(14,400) | 35,652 | (1,305,993) | (1,800,242) | ||||||||||||
Realized gain distributions |
38,595 | - | 942,088 | 1,350,812 | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Realized gain (loss) |
24,195 | 35,652 | (363,905) | (449,430) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Change in unrealized appreciation (depreciation) during the year |
876,676 | 2,129,014 | (299,994) | (435,895) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Net increase (decrease) in net assets from operations |
$ | 1,093,848 | $ | 2,164,666 | $ | (226,780) | $ | (684,735) | ||||||||
|
|
|
|
|
|
|
|
(a) | Addition. See Note 2. |
(b) | Merger. See Note 2. |
The accompanying notes are an integral part of these financial statements.
SA - 5
FIRST INVESTORS LIFE
SEPARATE ACCOUNT E
STATEMENTS OF CHANGES IN NET ASSETS
For the years ended December 31, 2023 and 2022
(Continued)
Goldman Sachs VIT Government Money Market | Delaware VIP Fund for Income | |||||||||||||||
2023 | 2022 | 2023 | 2022 | |||||||||||||
Increase (decrease) in net assets from operations: |
||||||||||||||||
Net investment income (loss) |
$ | 188,273 | $ | 61,821 | $ | 512,696 | $ | 485,961 | ||||||||
Realized gain distributions |
- | - | - | 130,894 | ||||||||||||
Realized gains (losses) |
- | - | (160,423) | (90,781) | ||||||||||||
Unrealized appreciation (depreciation) during the year |
- | - | 701,213 | (1,593,420) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Net increase (decrease) in net assets from operations |
188,273 | 61,821 | 1,053,486 | (1,067,346) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Contract transactions: |
||||||||||||||||
Net insurance premiums from contract owners |
379,253 | 402,272 | 328,731 | 365,324 | ||||||||||||
Transfers between subaccounts |
(24,413) | 272,838 | (21,240) | 22,325 | ||||||||||||
Transfers for contract benefits and terminations |
(331,423) | (695,828) | (588,687) | (386,416) | ||||||||||||
Contract maintenance charges |
(161,159) | (166,783) | (284,386) | (289,465) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Net increase (decrease) in net assets resulting from contract transactions |
(137,742) | (187,501) | (565,582) | (288,232) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Total increase (decrease) in net assets |
50,531 | (125,680) | 487,904 | (1,355,578) | ||||||||||||
Net assets at beginning of period |
3,794,431 | 3,920,111 | 8,277,230 | 9,632,808 | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Net assets at end of period |
$ | 3,844,962 | $ | 3,794,431 | $ | 8,765,134 | $ | 8,277,230 | ||||||||
|
|
|
|
|
|
|
|
|||||||||
Delaware VIP Growth & Income | Delaware VIP International | |||||||||||||||
2023 | 2022 | 2023 | 2022 | |||||||||||||
Increase (decrease) in net assets from operations: |
||||||||||||||||
Net investment income (loss) |
$ | 749,254 | $ | 636,794 | $ | 146,004 | $ | 145,092 | ||||||||
Realized gain distributions |
1,302,252 | 2,750,139 | - | 802,344 | ||||||||||||
Realized gains (losses) |
(243,261) | (87,857) | (190,572) | (66,443) | ||||||||||||
Unrealized appreciation (depreciation) during the year |
3,054,327 | (2,332,457) | 1,388,347 | (2,831,126) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Net increase (decrease) in net assets from operations |
4,862,572 | 966,619 | 1,343,779 | (1,950,133) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Contract transactions: |
||||||||||||||||
Net insurance premiums from contract owners |
1,540,322 | 1,349,311 | 641,647 | 701,475 | ||||||||||||
Transfers between subaccounts |
11,648,149 | (1,312,582) | 4,595 | 621,828 | ||||||||||||
Transfers for contract benefits and terminations |
(2,697,847) | (1,492,800) | (822,943) | (476,963) | ||||||||||||
Contract maintenance charges |
(1,227,519) | (958,286) | (360,836) | (342,735) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Net increase (decrease) in net assets resulting from contract transactions |
9,263,105 | (2,414,357) | (537,537) | 503,605 | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Total increase (decrease) in net assets |
14,125,677 | (1,447,738) | 806,242 | (1,446,528) | ||||||||||||
Net assets at beginning of period |
28,044,837 | 29,492,575 | 9,926,284 | 11,372,812 | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Net assets at end of period |
$ | 42,170,514 | $ | 28,044,837 | $ | 10,732,526 | $ | 9,926,284 | ||||||||
|
|
|
|
|
|
|
|
The accompanying notes are an integral part of these financial statements.
SA - 6
FIRST INVESTORS LIFE
SEPARATE ACCOUNT E
STATEMENTS OF CHANGES IN NET ASSETS
For the years ended December 31, 2023 and 2022
(Continued)
Delaware VIP Growth Equity | Delaware VIP Investment Grade | |||||||||||||||
2023 | 2022 | 2023 | 2022 | |||||||||||||
Increase (decrease) in net assets from operations: |
||||||||||||||||
Net investment income (loss) |
$ | 17,803 | $ | - | $ | 212,155 | $ | 205,394 | ||||||||
Realized gain distributions |
4,447,790 | 3,277,083 | - | 85,782 | ||||||||||||
Realized gains (losses) |
245,107 | 242,749 | (147,767) | (103,437) | ||||||||||||
Unrealized appreciation (depreciation) during the year |
1,117,793 | (9,024,459) | 320,309 | (1,285,276) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Net increase (decrease) in net assets from operations |
5,828,493 | (5,504,627) | 384,697 | (1,097,537) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Contract transactions: |
||||||||||||||||
Net insurance premiums from contract owners |
1,068,980 | 1,152,030 | 262,968 | 292,549 | ||||||||||||
Transfers between subaccounts |
(459,995) | 600,162 | 99,991 | 214,532 | ||||||||||||
Transfers for contract benefits and terminations |
(1,320,070) | (922,655) | (468,815) | (387,565) | ||||||||||||
Contract maintenance charges |
(629,689) | (591,380) | (192,454) | (200,790) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Net increase (decrease) in net assets resulting from contract transactions |
(1,340,774) | 238,157 | (298,310) | (81,274) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Total increase (decrease) in net assets |
4,487,719 | (5,266,470) | 86,387 | (1,178,811) | ||||||||||||
Net assets at beginning of period |
15,417,320 | 20,683,790 | 5,234,664 | 6,413,475 | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Net assets at end of period |
$ | 19,905,039 | $ | 15,417,320 | $ | 5,321,051 | $ | 5,234,664 | ||||||||
|
|
|
|
|
|
|
|
|||||||||
Delaware VIP Limited Duration Bond | Delaware VIP Opportunity | |||||||||||||||
2023 | 2022 | 2023 | 2022 | |||||||||||||
Increase (decrease) in net assets from operations: |
||||||||||||||||
Net investment income (loss) |
$ | 80,718 | $ | 64,504 | $ | 121,076 | $ | 42,784 | ||||||||
Realized gain distributions |
- | - | 1,472,514 | 1,445,256 | ||||||||||||
Realized gains (losses) |
(15,476) | (11,171) | 99,148 | 193,483 | ||||||||||||
Unrealized appreciation (depreciation) during the year |
96,816 | (192,207) | 1,379,222 | (4,603,753) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Net increase (decrease) in net assets from operations |
162,058 | (138,874) | 3,071,960 | (2,922,230) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Contract transactions: |
||||||||||||||||
Net insurance premiums from contract owners |
125,083 | 130,649 | 1,525,845 | 1,656,913 | ||||||||||||
Transfers between subaccounts |
128,444 | (17,678) | 484,413 | 283,683 | ||||||||||||
Transfers for contract benefits and terminations |
(178,162) | (125,647) | (1,324,025) | (1,422,750) | ||||||||||||
Contract maintenance charges |
(117,175) | (114,981) | (688,860) | (680,305) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Net increase (decrease) in net assets resulting from contract transactions |
(41,810) | (127,657) | (2,627) | (162,459) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Total increase (decrease) in net assets |
120,248 | (266,531) | 3,069,333 | (3,084,689) | ||||||||||||
Net assets at beginning of period |
3,060,023 | 3,326,554 | 18,567,945 | 21,652,634 | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Net assets at end of period |
$ | 3,180,271 | $ | 3,060,023 | $ | 21,637,278 | $ | 18,567,945 | ||||||||
|
|
|
|
|
|
|
|
The accompanying notes are an integral part of these financial statements.
SA - 7
FIRST INVESTORS LIFE
SEPARATE ACCOUNT E
STATEMENTS OF CHANGES IN NET ASSETS
For the years ended December 31, 2023 and 2022
(Continued)
Delaware VIP Total Return | Delaware VIP Small Cap Value(a) |
|||||||||||||||
2023 | 2022 | 2023 | ||||||||||||||
Increase (decrease) in net assets from operations: |
||||||||||||||||
Net investment income (loss) |
$ | 192,977 | $ | 191,772 | $ | - | ||||||||||
Realized gain distributions |
38,595 | 837,519 | - | |||||||||||||
Realized gains (losses) |
(14,400) | (1,038) | 35,652 | |||||||||||||
Unrealized appreciation (depreciation) during the year |
876,676 | (2,084,309) | 2,129,014 | |||||||||||||
|
|
|
|
|
|
|||||||||||
Net increase (decrease) in net assets from operations |
1,093,848 | (1,056,056) | 2,164,666 | |||||||||||||
|
|
|
|
|
|
|||||||||||
Contract transactions: |
||||||||||||||||
Net insurance premiums from contract owners |
451,934 | 470,015 | 731,621 | |||||||||||||
Transfers between subaccounts |
139,311 | 21,475 | 14,941,375 | |||||||||||||
Transfers for contract benefits and terminations |
(534,824) | (377,469) | (652,038) | |||||||||||||
Contract maintenance charges |
(324,783) | (319,186) | (361,832) | |||||||||||||
|
|
|
|
|
|
|||||||||||
Net increase (decrease) in net assets resulting from contract transactions |
(268,362) | (205,165) | 14,659,126 | |||||||||||||
|
|
|
|
|
|
|||||||||||
Total increase (decrease) in net assets |
825,486 | (1,261,221) | 16,823,792 | |||||||||||||
Net assets at beginning of period |
8,773,879 | 10,035,100 | - | |||||||||||||
|
|
|
|
|
|
|||||||||||
Net assets at end of period |
$ | 9,599,365 | $ | 8,773,879 | $ | 16,823,792 | ||||||||||
|
|
|
|
|
|
|||||||||||
Delaware VIP Equity Income(b) | Delaware VIP Special Situations(b) | |||||||||||||||
2023 | 2022 | 2023 | 2022 | |||||||||||||
Increase (decrease) in net assets from operations: |
||||||||||||||||
Net investment income (loss) |
$ | 437,119 | $ | 279,993 | $ | 200,590 | $ | 118,072 | ||||||||
Realized gain distributions |
942,088 | 1,410,289 | 1,350,812 | 893,392 | ||||||||||||
Realized gains (losses) |
(1,305,993) | 72,617 | (1,800,242) | 98,299 | ||||||||||||
Unrealized appreciation (depreciation) during the year |
(299,994) | (1,358,546) | (435,895) | (3,339,738) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Net increase (decrease) in net assets from operations |
(226,780) | 404,353 | (684,735) | (2,229,975) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Contract transactions: |
||||||||||||||||
Net insurance premiums from contract owners |
154,822 | 486,403 | 390,327 | 1,267,503 | ||||||||||||
Transfers between subaccounts |
(11,570,199) | (666,915) | (15,398,034) | (13,832) | ||||||||||||
Transfers for contract benefits and terminations |
(317,735) | (780,371) | (276,362) | (999,910) | ||||||||||||
Contract maintenance charges |
(133,738) | (411,297) | (188,086) | (590,869) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Net increase (decrease) in net assets resulting from contract transactions |
(11,866,850) | (1,372,180) | (15,472,155) | (337,108) | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Total increase (decrease) in net assets |
(12,093,630) | (967,827) | (16,156,890) | (2,567,083) | ||||||||||||
Net assets at beginning of period |
12,093,630 | 13,061,457 | 16,156,890 | 18,723,973 | ||||||||||||
|
|
|
|
|
|
|
|
|||||||||
Net assets at end of period |
$ | - | $ | 12,093,630 | $ | - | $ | 16,156,890 | ||||||||
|
|
|
|
|
|
|
|
(a) | Addition. See Note 2. |
(b) | Merger. See Note 2. |
The accompanying notes are an integral part of these financial statements.
SA - 8
FIRST INVESTORS LIFE
SEPARATE ACCOUNT E
NOTES TO FINANCIAL STATEMENTS
December 31, 2023
Note 1Organization
First Investors Life Variable Annuity Fund E (Separate Account E, the Separate Account) is a separate account of Nassau Life Insurance Company (NNY, the Company, we or us). NNY, domiciled in the State of New York, is a wholly-owned subsidiary of the Nassau Companies of New York (NCNY or the Parent) and an indirect subsidiary of Nassau Financial Group, L.P. (Nassau). Nassau is a financial services company providing life insurance and annuities, reinsurance and asset management.
The Separate Account is registered as a unit investment trust under the Investment Company Act of 1940. As directed by the owners, amounts directed to each subaccount are invested in a designated mutual fund as follows:
Goldman Sachs VIT Government Money Market Fund
Delaware VIP Fund Series portfolios:
Fund for Income, Growth & Income, International, Growth Equity, Investment Grade, Limited Duration Bond, Opportunity, Total Return, and Small Cap Value.
NNY and the Separate Account are subject to regulation by the New York Department of Financial Services and the U.S. Securities and Exchange Commission ( SEC ). The assets and liabilities of the Separate Account are clearly identified and distinguished from NNYs other asset and liabilities.
Note 2Additions, Mergers, Liquidations and Name Changes
A. Additions
Delaware VIP Small Cap Value Series as of April 28, 2023.
B. Mergers
As a result of restructuring, the following underlying fund that was previously offered is no longer available as an investment option to our Contract Owners. Any Contract Owner allocations that remained in this fund were redeemed and used to purchase shares of the surviving fund as indicated:
Delaware VIP Equity Income Series merged with Delaware VIP Growth and Income Series as of April 28, 2023.
Delaware VIP Special Situation Series merged with Delaware VIP Small Cap Value Series as of April 28, 2023.
C. Liquidations
There were no Liquidations in 2022 or 2023.
D. Name Changes
There were no name changes in 2022 or 2023.
Note 3Significant Accounting Policies
Investment Valuation
Investments in mutual fund shares are carried in the statements of net assets at market value (net asset value of the underlying mutual fund). Investment transactions are accounted for on the trade date. Realized capital gains and losses on sales of investments are determined based on the average cost of investments sold. The difference between cost and current market value of investments owned on the day of measurement is recorded as unrealized appreciation or depreciation of investments.
Market Risk
Each subaccount invests in shares of a single underlying fund. The investment performance of each subaccount will reflect the investment performance of the underlying fund less separate account expenses. There is no assurance that the investment objective of any underlying fund will be met. A fund calculates a daily net asset value per share (NAV) which is based on the market value of its investment portfolio. The amount of risk varies significantly between subaccounts. Due to the level of risk associated with certain investment portfolios, it is at least reasonably possible that changes in the values of investment portfolios will occur in the near term and that such changes could materially affect contract holders investments in the funds and the amounts reported in the statements of net assets. The contract holder assumes all of the investment performance risk for the subaccounts selected.
SA - 9
FIRST INVESTORS LIFE
SEPARATE ACCOUNT E
NOTES TO FINANCIAL STATEMENTS
December 31, 2023
Note 3Significant Accounting Policies (Continued)
Reinvestment of Dividends
Dividend and capital gain distributions paid by the mutual funds to the Separate Account are reinvested in additional shares of each respective fund. Dividend income and capital gain distributions are recorded as income on the ex-dividend date.
Federal Income Taxes
The operations of the Separate Account are included in the federal income tax return of NNY, which is taxed as a life insurance company under the provisions of the Internal Revenue Code (IRC). Under the current provisions of the IRC, NNY does not expect to incur federal income taxes on the earnings of the Separate Account to the extent the earnings are credited under contracts. Based on this, no charge is being made currently to the Separate Account for federal income taxes. NNY will review periodically the status of this policy in the event of changes in the tax law.
Use of Estimates
The preparation of financial statements in conformity with U.S. generally accepted accounting principles requires management to make estimates and assumptions that affect the amounts reported in the financial statements and accompanying notes. Actual results could differ from those estimates.
In applying these estimates and assumptions, management makes subjective and complex judgments that frequently require assumptions about matters that are uncertain and inherently subject to change such as the possibility for elevated mortality rates and market volatility.
Fair Value Measurements
Fair value is defined as the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date (an exit price).
The Separate Account invests in shares of open-end mutual funds, which process contract holders directed purchases, sales and transfers on a daily basis at the funds computed net asset values (NAVs). The fair value of the Separate Accounts assets is based on the NAVs of mutual funds, which are obtained from the custodians and reflect the fair values of the mutual fund investments. The NAV is calculated daily and is based on the fair values of the underlying securities.
Because the fund provides liquidity for the investments through purchases and redemptions at NAV, this may represent the fair value of the investment in the fund. That is, for an open-ended mutual fund, the fair value of an investment in the fund would not be expected to be higher than the amount that a new investor would be required to spend in order to directly invest in the mutual fund. Similarly, the hypothetical seller of the investment would not be expected to accept less in proceeds than it could receive by directly redeeming its investment with the fund.
The Separate Account measures the fair value of its investment in the Fund on a recurring basis. GAAP establishes a hierarchy that prioritizes inputs to valuation methods. The three levels of inputs are:
| Level 1 Unadjusted quoted prices in active markets for identical assets or liabilities that the Separate Account has the ability to access. |
| Level 2 Observable inputs other than quoted prices included in level 1 that are observable for the asset or liability, either directly or indirectly. These inputs may include quoted prices for the identical instrument in an inactive market, prices for similar instruments, interest rates, prepayment speeds, credit risk, yield curves, default rates, and similar data. |
| Level 3 Unobservable inputs for the asset or liability, to the extent observable inputs are not available, representing the Separate Accounts own assumptions about the assumptions a market participant would use in valuing the assets or liability, and would be based on the best information available. |
Investments in Fund shares are valued using the reported net asset value of the Funds at the end of each New York Stock Exchange business day, as determined by the Funds. Investments held by the Separate Account are Level 1 within the hierarchy. There were no transfers between Level 1, Level 2 and Level 3 during the year ended December 31, 2023.
SA - 10
FIRST INVESTORS LIFE
SEPARATE ACCOUNT E
NOTES TO FINANCIAL STATEMENTS
December 31, 2023
Note 4Purchases and Proceeds from Sales of Investments
The cost of purchases and proceeds from sales of investments for the year ended December 31, 2023 were as follows:
Subaccount |
Cost of |
Proceed from |
||||||
Goldman Sachs VIT Government Money Market |
$ | 457,117 | $ | (406,586) | ||||
Delaware VIP Fund for Income |
816,373 | (869,259 | ) | |||||
Delaware VIP Growth & Income |
14,163,936 | (2,849,471) | ||||||
Delaware VIP International |
746,333 | (1,137,866 | ) | |||||
Delaware VIP Growth Equity |
4,974,173 | (1,849,354 | ) | |||||
Delaware VIP Investment Grade |
482,319 | (568,474 | ) | |||||
Delaware VIP Limited Duration Bond |
318,030 | (279,122 | ) | |||||
Delaware VIP Opportunity |
2,608,146 | (1,017,183 | ) | |||||
Delaware VIP Total Return |
537,968 | (574,758 | ) | |||||
Delaware VIP Small Cap Value(a) |
15,208,812 | (549,686 | ) | |||||
Delaware VIP Equity Income (b) |
1,482,386 | (11,969,883 | ) | |||||
Delaware VIP Special Situations (b) |
1,671,524 | (15,591,947 | ) |
(a) Addition. See Note 2.
(b) Merger. See Note 2.
Note 5Related Party Transactions and Charges and Deductions
Related Party Transactions
NNY and its affiliate, 1851 Securities, Inc. (1851 Securities), provide services to the Separate Account. NNY is the insurer who provides the contract benefits as well as administrative and contract maintenance services to the Separate Account. 1851 Securities, a registered broker/dealer, is the principal underwriter and distributor for the Separate Account.
Charges and Deductions
NNY makes deductions from the contract to compensate for the various expenses in selling, maintaining, underwriting and issuing the contracts and providing guaranteed insurance benefits.
Certain charges are deducted from the contracts as a daily reduction in Unit Value. The charges are included in a separate line item entitled Mortality and administrative expense in the accompanying statement of operations. Other periodic charges are taken out as a transaction on a monthly basis. Those charges appear on the statement of changes in net assets on line Contract Maintenance Charges. The contract charges are described below:
A. Contract Maintenance Charges
The Separate Account is assessed periodic Contract Maintenance Charges which are designed to compensate NNY for certain costs associated with maintenance. The charges assessed to the Separate Account for Contract Maintenance Charges are outlined as follows:
Administration Charge A monthly policy charge of $10 is deducted from the accumulation value of VUL contracts and is assessed through the redemption of units.
Cost of Insurance Charge - In accordance with terms of the contracts, NNY makes monthly deductions for costs of insurance to cover NNYs anticipated mortality costs. Because a contract value and death benefit may vary from month to month, the cost of insurance charge may also vary. A face amount charge is also deducted monthly from the accumulation value of VUL contracts. This charge is calculated based upon each $1,000 of face amount and may vary with the age and sex of the insured.
Monthly Mortality and Expense Risk Charge (M&E Fees) In consideration for its assumption of the mortality and expense risks connected with the SPVL and VUL contracts, NNY computes the charge at an effective annual rate of 1.75% and 0.50%, respectively, of the Subaccount Accumulation Value. This deduction is assessed through a reduction of units.
SA - 11
FIRST INVESTORS LIFE
SEPARATE ACCOUNT E
NOTES TO FINANCIAL STATEMENTS
December 31, 2023
Note 5Related Party Transactions and Charges and Deductions (Continued)
All of the above expenses are reflected as redemption of units, and are included in a separate line item entitled Maintenance charges and mortality adjustments in the accompanying statements of changes in net assets.
B. Optional Rider and Benefit Charges
NNY may deduct other charges and fees based on the selection of Other Optional Contract Riders and Benefits. These expenses are included in a separate line item entitled Terminations, withdrawals and annuity payments in the accompanying statements of changes in net assets. This expense is reflected as redemption of units.
NNY may deduct other charges depending on the policy terms.
Note 6Summary of Unit Transactions
The changes in units outstanding for the years ended December 31, 2023 and 2022 were as follows:
For the period ended December 31, 2023 | For the period ended December 31, 2022 | |||||||||||||||||||||||
Units Issued |
Units Redeemed |
Net Increase (Decrease) |
Units Issued |
Units Redeemed |
Net Increase (Decrease) |
|||||||||||||||||||
Subaccount
| ||||||||||||||||||||||||
Goldman Sachs VIT Government Money Market |
22,354 | (33,738) | (11,384) | 60,282 | (76,184) | (15,902) | ||||||||||||||||||
Delaware VIP Fund for Income |
13,853 | (39,653) | (25,800) | 13,556 | (27,433) | (13,877) | ||||||||||||||||||
Delaware VIP Growth & Income |
336,477 | (75,700) | 260,777 | 5,981 | (73,756) | (67,775) | ||||||||||||||||||
Delaware VIP International |
23,185 | (43,551) | (20,366) | 36,987 | (14,578) | 22,409 | ||||||||||||||||||
Delaware VIP Growth Equity |
11,740 | (38,173) | (26,433) | 26,328 | (20,341) | 5,987 | ||||||||||||||||||
Delaware VIP Investment Grade |
15,076 | (31,474) | (16,398) | 22,557 | (27,366) | (4,809) | ||||||||||||||||||
Delaware VIP Limited Duration Bond |
23,025 | (26,912) | (3,887) | 9,200 | (21,767) | (12,567) | ||||||||||||||||||
Delaware VIP Opportunity |
40,280 | (38,760) | 1,520 | 35,808 | (40,784) | (4,976) | ||||||||||||||||||
Delaware VIP Total Return |
17,768 | (32,869) | (15,101) | 13,081 | (25,188) | (12,107) | ||||||||||||||||||
Delaware VIP Small Cap Value(a) |
1,504,942 | (50,883) | 1,454,059 | - | - | - | ||||||||||||||||||
Delaware VIP Equity Income(b) |
2,970 | (350,727) | (347,757) | 4,736 | (45,640) | (40,904) | ||||||||||||||||||
Delaware VIP Special Situations(b) |
3,212 | (451,501) | (448,289) | 15,434 | (23,639) | (8,205) |
(a) Addition. See Note 2.
(b) Merger. See Note 2.
Note 7Financial Highlights
A summary of units outstanding, unit values, net assets, investment income ratios, expense ratios (excluding expenses of the underlying fund) and total return ratios for each of the five years in the periods ended December 31, 2023, 2022, 2021, 2020, and 2019 follows:
At December 31, | For the periods ended December 31, | |||||||||||||||
Units (000s)1 |
Unit Fair Value |
Net Assets |
Investment Ratio2 |
Expense Ratio3 |
Total Return4 |
|||||||||||
Goldman Sachs VIT Government Money Market
2023 |
310 | 12.385 | 3,845 | 4.94% | - | 5.05 | % | |||||||||
2022 |
322 | 11.790 | 3,794 | 1.56% | - | 1.57 | % | |||||||||
2021 |
338 | 11.607 | 3,920 | 0.01% | - | 0.01 | % | |||||||||
2020 |
341 | 11.607 | 3,962 | 0.15% | - | 0.17 | % | |||||||||
2019 |
94 | 11.587 | 1,087 | 1.14% | - | 1.35 | % |
SA - 12
FIRST INVESTORS LIFE
SEPARATE ACCOUNT E
NOTES TO FINANCIAL STATEMENTS
December 31, 2023
Note 7Financial Highlights (Continued)
At December 31, | For the periods ended December 31, | |||||||||||||||
Units (000s)1 |
Unit Fair Value |
Net Assets |
Investment Ratio2 |
Expense Ratio3 |
Total Return4 |
|||||||||||
Delaware VIP Fund for Income
2023 |
370 | 23.665 | 8,765 | 6.06% | - | 13.27 | % | |||||||||
2022 |
396 | 20.892 | 8,277 | 5.59% | - | (11.06 | %) | |||||||||
2021 |
410 | 23.491 | 9,633 | 5.10% | - | 4.88 | % | |||||||||
2020 |
413 | 22.398 | 9,243 | 5.85% | - | 7.95 | % | |||||||||
2019 |
445 | 20.749 | 9,222 | 5.23% | - | 12.78 | % | |||||||||
Delaware VIP Growth & Income
2023 |
1,025 | 41.147 | 42,171 | 2.09% | - | 12.11 | % | |||||||||
2022 |
764 | 36.704 | 28,045 | 2.28% | - | 3.53 | % | |||||||||
2021 |
832 | 35.454 | 29,493 | 1.82% | - | 22.20 | % | |||||||||
2020 |
902 | 29.013 | 26,194 | 2.01% | - | (0.46 | %) | |||||||||
2019 |
938 | 29.147 | 27,354 | 1.54% | - | 25.60 | % | |||||||||
Delaware VIP International
2023 |
404 | 26.587 | 10,733 | 1.38% | - | 13.58 | % | |||||||||
2022 |
424 | 23.408 | 9,926 | 1.47% | - | (17.33 | %) | |||||||||
2021 |
402 | 28.316 | 11,373 | 0.96% | - | 6.87 | % | |||||||||
2020 |
401 | 26.497 | 10,622 | - | - | 7.16 | % | |||||||||
2019 |
403 | 24.726 | 9,959 | 0.75% | - | 24.91 | % | |||||||||
Delaware VIP Growth Equity
2023 |
367 | 54.205 | 19,905 | 0.10% | - | 38.40 | % | |||||||||
2022 |
394 | 39.164 | 15,417 | - | - | (26.60 | %) | |||||||||
2021 |
388 | 53.356 | 20,684 | 0.03% | - | 39.23 | % | |||||||||
2020 |
425 | 38.321 | 16,273 | 0.40% | - | 29.50 | % | |||||||||
2019 |
444 | 29.592 | 13,143 | 0.29% | - | 24.35 | % | |||||||||
Delaware VIP Investment Grade
2023 |
282 | 18.894 | 5,321 | 4.06% | - | 7.56 | % | |||||||||
2022 |
298 | 17.566 | 5,235 | 3.70% | - | (17.06 | %) | |||||||||
2021 |
303 | 21.179 | 6,413 | 3.03% | - | (0.72 | %) | |||||||||
2020 |
306 | 21.333 | 6,523 | 3.58% | - | 11.91 | % | |||||||||
2019 |
338 | 19.062 | 6,442 | 3.69% | - | 12.62 | % | |||||||||
Delaware VIP Limited Duration Bond
2023 |
298 | 10.666 | 3,180 | 2.56% | - | 5.29 | % | |||||||||
2022 |
302 | 10.130 | 3,060 | 2.06% | - | (4.19 | %) | |||||||||
2021 |
315 | 10.573 | 3,327 | 2.13% | - | (0.68 | %) | |||||||||
2020 |
322 | 10.645 | 3,435 | 2.75% | - | 3.79 | % | |||||||||
2019 |
335 | 10.256 | 3,449 | 0.63% | - | 4.09 | % | |||||||||
Delaware VIP Opportunity
2023 |
754 | 28.683 | 21,637 | 0.61% | - | 16.30 | % | |||||||||
2022 |
753 | 24.664 | 18,568 | 0.22% | - | (13.68 | %) | |||||||||
2021 |
758 | 28.573 | 21,653 | 1.17% | - | 23.13 | % | |||||||||
2020 |
791 | 23.206 | 18,363 | 0.67% | - | 10.80 | % | |||||||||
2019 |
768 | 20.944 | 16,073 | 1.18% | - | 30.11 | % | |||||||||
Delaware VIP Total Return
2023 |
512 | 18.744 | 9,599 | 2.12% | - | 12.63 | % | |||||||||
2022 |
527 | 16.642 | 8,774 | 2.12% | - | (10.56 | %) | |||||||||
2021 |
539 | 18.606 | 10,035 | 2.25% | - | 16.37 | % | |||||||||
2020 |
579 | 15.990 | 9,260 | 2.09% | - | 0.91 | % | |||||||||
2019 |
582 | 15.846 | 9,229 | 1.87% | - | 18.88 | % |
SA - 13
FIRST INVESTORS LIFE
SEPARATE ACCOUNT E
NOTES TO FINANCIAL STATEMENTS
December 31, 2023
Note 7Financial Highlights (Continued)
At December 31, | For the periods ended December 31, | |||||||||||||||
Units (000s)1 |
Unit Fair Value |
Net Assets |
Investment Ratio2 |
Expense Ratio3 |
Total Return4 |
|||||||||||
Delaware VIP Small Cap Value
2023(a) |
1,454 | 11.570 | 16,824 | - | - | 14.53 | % | |||||||||
Delaware VIP Equity Income
2023(b) |
- | - | - | 3.70% | - | (1.67 | %) | |||||||||
2022 |
348 | 34.776 | 12,094 | 2.31% | - | 3.48 | % | |||||||||
2021 |
389 | 33.606 | 13,061 | 1.77% | - | 22.20 | % | |||||||||
2020 |
419 | 27.501 | 11,527 | 2.47% | - | (0.33 | %) | |||||||||
2019 |
432 | 27.591 | 11,936 | 2.90% | - | 22.71 | % | |||||||||
Delaware VIP Special Situations
2023(b) |
- | - | - | 1.23% | - | (4.25 | %) | |||||||||
2022 |
448 | 36.040 | 16,157 | 0.70% | - | (12.13 | %) | |||||||||
2021 |
456 | 41.017 | 18,724 | 0.86% | - | 34.29 | % | |||||||||
2020 |
505 | 30.544 | 15,423 | 1.66% | - | (1.85 | %) | |||||||||
2019 |
482 | 31.119 | 15,001 | 0.67% | - | 20.36 | % |
(a) Addition. See Note 2.
(b) Merger. See Note 2.
1 | These units include units held for certain direct charges to contract owner accounts through the redemption of units. |
2 | These amounts represent the dividends, excluding distributions of capital gains, received by the subaccount from the underlying mutual fund, divided by the average net assets. These ratios exclude those expenses, such as mortality and expense charges, that are assessed against contract owner accounts either through reductions in unit values or redemption of units. The recognition of investment income by the subaccount is affected by the timing of the declaration of dividends by the underlying fund in which the subaccount invests. |
3 | These amounts represent the annualized contract expenses of the separate account, consisting primarily of mortality and expense charges, for the periods indicated. These ratios include only those expenses that result in a direct reduction to unit values. Charges made directly to contract owner accounts through redemption of units and expenses of the underlying fund have been excluded. |
4 | These amounts represent the total return for the periods indicated, including changes in value of the underlying fund, and expenses assessed through the reduction of unit values. These ratios do not include any expenses assessed through the redemption of units. |
Note 8Subsequent Events
The Separate Account has performed an evaluation of subsequent events through the date the financial statements were issued and has determined that no items require recognition or disclosure.
SA - 14
Report of Independent Registered Public Accounting Firm
To the Board of Directors of Nassau Life Insurance Company
and Contract Owners of First Investors Life Separate Account E:
Opinion on the Financial Statements
We have audited the accompanying statements of net assets of the subaccounts listed in the Appendix that comprise First Investors Life Separate Account E (the Separate Account) as of December 31, 2023, the related statement of operations for the year then ended (or for the period indicated in the Appendix), statements of changes in net assets for each of the years in the two-year period then ended (or for the period indicated in the Appendix), and the related notes including the financial highlights in Note 7 for each of the years or periods in the five-year period then ended (collectively, the financial statements). In our opinion, the financial statements present fairly, in all material respects, the financial position of each subaccount as of December 31, 2023, the results of their operations for the year then ended (or for the period indicated in the Appendix), the changes in their net assets for each of the years in the two-year period then ended (or for the period indicated in the Appendix), and the financial highlights for each of the years or periods in the five-year period then ended, in conformity with U.S. generally accepted accounting principles.
Basis for Opinion
These financial statements are the responsibility of the Separate Accounts management. Our responsibility is to express an opinion on these financial statements based on our audits. We are a public accounting firm registered with the Public Company Accounting Oversight Board (United States) (PCAOB) and are required to be independent with respect to the Separate Account in accordance with the U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB.
We conducted our audits in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether due to error or fraud. Our audits included performing procedures to assess the risks of material misstatement of the financial statements, whether due to error or fraud, and performing procedures that respond to those risks. Such procedures included examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Such procedures also included confirmation of securities owned as of December 31, 2023, by correspondence with the transfer agents of the underlying mutual funds. Our audits also included evaluating the accounting principles used and significant estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that our audits provide a reasonable basis for our opinion.
/s/ KPMG LLP
We have served as the auditor of one or more of the Nassau Insurance Group Holdings separate accounts since 2015.
Hartford, Connecticut
April 17, 2024
KPMG LLP, a Delaware limited liability partnership and a member firm of
the KPMG global organization of independent member firms affiliated with
KPMG International Limited, a private English company limited by guarantee.
Appendix
Unless noted otherwise, statements of operations for the year ended December 31, 2023 and statements of changes in net assets for each of the years in the two-year period ended December 31, 2023.
Goldman Sachs VIT Government Money Market Fund
Delaware VIP Fund for Income
Delaware VIP Growth & Income
Delaware VIP International
Delaware VIP Growth Equity
Delaware VIP Investment Grade
Delaware VIP Limited Duration Bond
Delaware VIP Opportunity
Delaware VIP Total Return
Delaware VIP Small Cap Value (2)
Delaware VIP Equity Income (1)
Delaware VIP Special Situations (1)
(1) Statements of operations for the period January 1, 2023 to April 28, 2023 (merger date) and the statement of changes for the period January 1, 2023 to April 28, 2023 (merger date) and for the year ended December 31, 2022.
(2) Statements of operations and changes in net assets for the period April 28, 2023 (commencement of operations) to December 31, 2023.
Nassau Life Insurance Company
PO Box 22012
Albany, NY 12201-2012
1851 Securities, Inc.
One American Row
Hartford, Connecticut 06102
Underwriter
Independent Registered Public Accounting Firm
KPMG LLP
1 Financial Plaza 755 Main Street, Suite 1600
Hartford, CT 06103
Nassau Life Insurance Company
PO Box 22012
Albany, NY 12201-2012
Not insured by FDIC/NCUSIF or any federal government agency.
No bank guarantee. Not a deposit. May lose value.
Nassau Life Insurance Company
A member of The Nassau Companies of New York
www.nfg.com
OL4258 © 2023 The Nassau Companies of New York | 12-23 |
PART C
OTHER INFORMATION
Item 30. Exhibits
(a) |
(b) | Not applicable. |
(c) | Underwriting and distribution contracts: |
(1) |
(2) |
(3) |
(d) |
(e) | Form of application used with contracts provided in response to (d) above.1 |
(f) | Depositor instrument of organization and by-laws: |
(1) | Certificate of Incorporation of Nassau Life Insurance Company (NNY or the Depositor).4 |
(2) |
(3) |
(g) | Not applicable. |
(h) |
(i) |
(j) | None. |
(k) |
(l) | Not applicable. |
(m) | Not applicable. |
(n) | Consents of Independent Registered Public Accounting Firm, filed herewith. |
(o) | Not applicable. |
(p) | Not applicable. |
(q) |
(r) | Not applicable. |
(s) | Powers of Attorney |
(1) |
(2) |
(3) |
1 | Incorporated herein by reference to the initial Registration Statement on Form N-6 (File Nos. 333-123756; 811-21742) filed by the Registrant on April 1, 2005. |
2 | Incorporated herein by reference to Pre-Effective Amendment No. 1 to the Registration Statement on Form N-6 (File Nos. 333-191937; 811-21742) filed by the Registrant on March 14, 2014. |
3 | Incorporated herein by reference to Post-Effective Amendment No. 16 to the Registration Statement on Form N-6 (File Nos. 333-123756; 811-21742) filed by the Registrant on April 26, 2018. |
4 | Incorporated herein by reference to the initial Registration Statement on Form N-6 (File Nos. 333-239746, 811-21742) filed by the Registrant on July 8, 2020. |
5 | Incorporated herein by reference to Post-Effective Amendment No. 1 to the Registration Statement on Form N-6 (File Nos. 333-239746, 811-21742) filed by the Registrant on April 30, 2021. |
Item 31. Directors and Officers of the Depositor
The following are the directors and officers of NNY. Unless otherwise noted, each directors and officers principal business address is One American Row, Hartford, CT 06102-5056.
Name |
Positions and Offices with Depositor | |
Phillip Gass |
President, Chief Executive Officer and Director | |
Thomas Buckingham |
Vice President, Chief Growth Officer and Director | |
Kostas Cheliotis |
Vice President, General Counsel, Secretary and Director | |
David Czerniecki |
Vice President, Chief Investment Officer | |
Thomas Williams |
Director | |
Leanne Bell |
Director |
Kevin Gregson |
Director | |
Leland Launer |
Director | |
Christine Janofsky |
Vice President, Chief Financial Officer and Treasurer | |
Jacqueline Bamman |
Vice President and Chief People Officer | |
Justin Banulski |
Vice President, Investment Accounting | |
Dana Battiston |
Vice President and Actuary | |
Jan Buchsbaum |
Vice President, and Chief Product Officer | |
Olga Buland |
Vice President | |
Sam S.F. Caligiuri |
Vice President, Assistant Secretary and Chief Compliance Officer | |
Steve L. Carlton |
Vice President | |
Michael Donovan |
Vice President and Chief Actuary | |
Gary France |
Vice President and Chief Accounting Officer | |
John Murphy |
Vice President and Corporate Auditor | |
Vernon Young |
Vice President and Group Chief Risk Officer | |
Susan Zophy |
Vice President, Chief Servcie Officer | |
Paul Tyler |
Chief Marketing Officer | |
Susan L. Guazzelli |
Assistant Treasurer | |
Ping Shao |
Deputy Chief Compliance Officer and Anti-Money Laundering Officer | |
Barry Stopler |
Assistant Treasurer | |
Joel Cordoba |
Assistant Treasurer | |
Jordan Price |
Vice President and Chief Corporate Development Officer |
Item 32. Persons Controlled by or Under Common Control with the Depositor or Registrant
The Registrant is a separate account of NNY, a stock life insurance company incorporated under the laws of the State of New York. NNY is an indirect subsidiary of Nassau Financial Group L.P. An organization chart of Nassau Financial Group L.P. is set forth below.
Nassau Financial Group GP Ltd. (Cayman) [Contract]
Nassau Financial Group, L.P. (Cayman) [Contract]
Nassau Asset Management LLC (Delaware) [100%]
Nassau CorAmerica LLC (Delaware) [100%]
Nassau CorAmerica Loan Company LLC (Delaware) [100%]
Nassau CorAmerica Advisors LLC (Delaware) [100%]
NCA Realty Partners LLC (Delaware) [100%]
NCA Realty Partners GP I LLC (Delaware) [100%]
NCA Realty Fund I LP (Delaware) [Contract]
NCARP SGP LLC (Delaware) [100%]
Nassau NGC Holdings LLC (Delaware) [100%]
NGC Capital Management LLC (Delaware) [100%]
NGC Capital UGP LLC (Delaware) [100%]
Nassau Global Credit GP LP (Delaware) [100%]
NGC Loan Fund LP (Delaware) [Contract]
NGC Enhanced Loan Master Fund LP (Cayman) [Contract]
NGC Enhanced Loan Offshore Fund LP (Cayman) [Contract]
NGC Enhanced Loan Fund LP (Delaware) [Contract]
AIC Credit Opportunities Partners Fund II UGP, LLC (Delaware) [100%]
AIC Credit Opportunities Partners Fund II GP, L.P. (Delaware) [100%]
AIC Credit Opportunities Partners Master Fund II, LP (Cayman) [Contract]
AIC COP Investments LLC (Cayman) [Contract]
AIC COP Facility 2, LLC (Delaware) [Contract]
AIC Credit Opportunities Partners Fund II (Offshore), L.P. (Cayman) [Contract]
AIC Credit Opportunities Partners Fund II, L.P. (Delaware) [Contract]
AIC Credit Opportunities Partners Fund II-A, L.P. (Delaware) [Contract]
AIC Credit Opportunities Partners Mini-Master Fund II (Offshore), L.P. (Cayman) [Contract]
Nassau Global Credit LLC (Delaware) [100%]
NGC CLO Manager LLC (Delaware) [100%]
NGC Management LLC (Delaware) [100%]
Nassau Private Credit LLC (Delaware) [100%]
Nassau Private Credit GP LLC (Delaware) [100%]
Nassau Private Credit Onshore Fund LP (Delaware) [Contract]
Nassau Private Credit Master Fund LP (Cayman) [Contract]
Nassau Private Credit Offshore Fund LP (Cayman) [Contract]
NPC Tactical Opportunities Fund LP (Delaware) [Contract]
BSL Corporate Credit Opportunities 1 LP (Delaware) [Contract]
NPC SGP LLC (Delaware) [100%]
Nassau NGC Blocker (UK) Ltd. (Cayman) [100%]
NGC Management (UK) Ltd. (Great Britain) [100%]
Nassau Global Credit (UK) LLP (Delaware) [99%1]
NPC Diversified Income GP LLC (Delaware) [100%]
NPC Diversified Income Ratings Passthrough Feeder Fund LP (Delaware) [Contract]
NPC Diversified Income Fund LP (Delaware) [Contract]
NPC Diversified Income Master Fund LP (Cayman) [Contract]
NPC Diversified Income Offshore Fund LP (Cayman) [Contract]
Nassau Alternative Investments LLC (Delaware) [100%]
NAMCO Services LLC (Delaware) [100%]
Nassau Insurance Group Holdings GP, LLC (Delaware) [Contract]
Nassau Insurance Group Holdings, L.P. (Delaware) [Contract]
The Nassau Companies (Delaware) [100%]
Nassau Life and Annuity Company (Connecticut) [100%]
Nassau Life and Annuity Company ABS C-I LLC (Connecticut) [100%]
Nassau Life and Annuity Company ABS D-I LLC (Connecticut) [100%]
Lynbrook Re, Inc. (Vermont) [100%]
Nassau Life Insurance Company of Kansas (Kansas) [100%]
Nassau Distribution Holdings II LLC (Delaware) [100%]
NSRE Saybrus Holdings, LLC (Delaware) [100%]
Sunrise Re, Inc. (Vermont) [100%]
Nassau Re/Imagine LLC (Delaware) [100%]
Nassau Employee Co-Invest Fund II LLC (Delaware) [50.20%]
The Nassau Companies of New York (Delaware) [100%]
Nassau CLO SPV-I LLC (Delaware) [56%2]
Nassau CLO SPV-II LLC (Delaware) [54.34%3]
Nassau Life Insurance Company (New York) [100%]
1 | NCC Management (UK) Ltd. owns 1% |
2 | Current and former employees of The Nassau Companies of New York and its affiliates own 40.25%. |
3 | Current and former employees of The Nassau Companies of New York and its affiliates own 42.88%. |
Item 33. Indemnification
Section 6.1 of the By-laws of NNY provides as follows:
To the full extent permitted by the laws of the State of New York, NNY shall indemnify any person made or threatened to be made a party to any action, proceeding or investigation, whether civil or criminal, by reason of the fact that such person, or such persons testator or intestate:
(1) | is or was a director, officer or employees of the company; or |
(2) | serves or served another corporation, partnership, joint venture, trust, employee benefit plan or other enterprise in any capacity at the request of the company, and at the time of such services, was a director, officer or employee of the company |
against judgements, fines, amounts paid in settlement and reasonable expenses, including attorneys fees, actually and necessarily incurred in connection with or as a result of such action, proceeding or investigation, or any appeal therein.
Subject to applicable law, the indemnification provided in this Article VI shall not be deemed to be exclusive of any other rights to which a director, officer or employee of the company seeking indemnification may be entitled.
In addition, the directors and officers of the company are insured against certain liabilities arising out of their conduct in such capacities. The coverage is subject to certain terms and conditions and to the specified coverage limit set forth in the applicable policies.
Under the terms of the underwriting agreement between NNY and 1851 Securities, Inc., NNY will indemnify and hold harmless 1851 Securities, Inc. for any expenses, losses, claims, damages or liabilities (including attorney fees) incurred by reason of any material misrepresentation or omission in a registration statement or prospectus for a variable insurance product for which 1851 Securities, Inc. serves as principal underwriter; provided, however, NNY shall not be required to indemnify for any expenses, losses, claims, damages or liabilities which have resulted from the negligence, misconduct or wrongful act of 1851 Securities, Inc.
Insofar as indemnification for liability arising under the Securities Act of 1933 may be permitted to directors, officers and controlling persons of the registrant pursuant to the foregoing provisions, or otherwise, the registrant has been advised that in the opinion of the Securities and Exchange Commission such indemnification is against public policy as expressed in the 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.
Item 34. Principal Underwriters
(a) | 1851 Securities, Inc. is the principal underwriter for the policies supported by the Registrant. 1851 Securities, Inc. acts as principal underwriter for the following investment companies (including the Registrant): First Investors Life Variable Annuity Fund C, First Investors Life Variable Annuity Fund D, First Investors Life Level Premium Variable Life Insurance (Separate Account B); First Investors Life Separate Account E, and First Investors Life Variable Annuity Fund A; Nassau Life Separate Account C; Nassau Life Separate Account D; Nassau Life Variable Accumulation Account; Nassau Life Variable Universal Life Account; PHL Variable Accumulation Account; PHL Variable Accumulation Account II; PHLVIC Variable Universal Life Account; and Nassau Life and Annuity Variable Universal Life Account; Delaware Life NY Variable Account A; Delaware Life NY Variable Account B; Delaware Life NY Variable Account C; Delaware Life NY Variable Account D; and KBL Variable Account A. These investment companies are separate accounts of NNY or affiliates thereof. 1851 Securities, Inc. does not serve as depositor, sponsor or investment adviser to any investment companies. |
(b) | The following are the directors and officers of 1851 Securities, Inc. Unless otherwise noted, each directors and officers business address is One American Row, Hartford, CT 06103. |
Name | Positions and Offices with Principal Underwriter | |
Stephen Anderson | President and Director | |
Thomas Buckingham | Chairperson and Director | |
Susan Guazzelli | Vice President, Treasurer and Director | |
Ping Shao | Chief Compliance Officer | |
Peter Hosner, Jr. | Chief Financial Officer and Director |
(c) | The following commissions and other compensation were received by 1851 Securities Inc., the principal underwriter for the policies supported by the Registrant, from the Registrant during the Registrants last fiscal year (all such compensation was paid by NNY): |
(1) Name of Principal Underwriter |
(2) Net Underwriting Discounts and Commissions |
(3) Compensation on Redemption |
(4) Brokerage Commissions |
(5) Other Compensation |
||||||||||||
1851 Securities, Inc. |
None | None | None | None |
Item 35. Location of Accounts and Records
The accounts, books and other documents required to be maintained pursuant to Section 31(a) of the Investment Company Act of 1940 and rules promulgated thereunder are maintained by NNY at One American Row, Hartford, Connecticut 06102-5056.
Item 36. Management Services
Not applicable.
Item 37. Fee Representation
NNY 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 NNY under the policies.
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 of the requirements for effectiveness of this Registration Statement under Rule 485(b) under the Securities Act and has caused this Registration Statement to be signed on its behalf, in the City of Hartford, and State of Connecticut on this 30th day of April, 2024.
FIRST INVESTORS LIFE LEVEL PREMIUM | ||
VARIABLE LIFE INSURANCE (SEPARATE ACCOUNT E) | ||
(Registrant) | ||
By: | /s/ Phillip J. Gass | |
Phillip J. Gass | ||
President and Chief Executive Officer Nassau Life Insurance Company | ||
NASSAU LIFE INSURANCE COMPANY | ||
(Depositor) | ||
By: | /s/ Phillip J. Gass | |
Phillip J. Gass | ||
President and Chief Executive Officer Nassau Life Insurance Company |
As required by the Securities Act of 1993, the following persons in the capacities stated have signed this Post-effective Amendment to Registration Statement No. 333-239746 on April 30, 2024.
Signature | Title | |
/s/ Phillip J. Gass *Phillip J. Gass |
President, Chief Executive Officer and Director | |
/s/ Kostas Cheliotis Kostas Cheliotis |
Vice President, General Counsel, Secretary and Director | |
/s/ Thomas M. Buckingham *Thomas M. Buckingham |
Vice President and Chief Growth Officer, and Director | |
/s/ Christine Janofsky *Christine Janofsky |
Vice President, Chief Financial Officer & Treasurer | |
/s/ Gary France *Gary France |
Vice President and Chief Accounting Officer | |
/s/ Leanne M. Bell *Leanne M. Bell |
Director | |
/s/ Kevin J. Gregson *Kevin J. Gregson |
Director | |
/s/ Leland C. Launer *Leland C. Launer |
Director | |
/s/ Thomas A. Williams *Thomas A. Williams |
Director |
By: |
/s/ Kostas Cheliotis Kostas Cheliotis *As Attorney-in-Fact pursuant to Powers of Attorney |
INDEX OF EXHIBITS
Exhibit Number | Description | |
(n) | Consents of Independent Registered Public Accounting Firm | |
(s)(3) |