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As Of Filer Filing For·On·As Docs:Size Issuer Agent 12/28/18 Pacific Select Var Ann Sep Ac… Co 485BPOS 12/28/18 4:560K Merrill Corp-MD/FA → Pacific Select Variable Ann Sep Acct of Pacific Life Ins Co. (811-05980) ⇒ Pacific Select Variable Annuity (033-32704) |
Document/Exhibit Description Pages Size
1: 485BPOS Post-Effective Amendment Filed Pursuant to HTML 188K
Securities Act Rule 485(B)
2: EX-99.(GGG) Miscellaneous Exhibit HTML 47K
3: EX-99.(HHH) Miscellaneous Exhibit HTML 34K
4: EX-99.(OO)(3) Miscellaneous Exhibit HTML 23K
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As filed with the Securities and Exchange Commission on December 28, 2018.
Registration Nos. 33-32704
811-05980
SECURITIES AND EXCHANGE
COMMISSION
Washington, D.C. 20549
FORM N-4
REGISTRATION STATEMENT | x | |
Pre-Effective Amendment No. | o | |
Post-Effective Amendment No. 70 | x | |
and/or
REGISTRATION STATEMENT | x |
Amendment No. 71 (Check appropriate box or boxes) | x | |
PACIFIC SELECT VARIABLE ANNUITY
SEPARATE
ACCOUNT
(Exact
Name of Registrant)
PACIFIC LIFE INSURANCE
COMPANY
(Name
of Depositor)
700
Newport Center Drive
Newport
Beach, California 92660
(Address of Depositor’s Principal Executive Offices) (Zip Code)
(949) 219-3943
(Depository’s
Telephone Number, including Area Code)
Brandon J. Cage
Assistant Vice President
Pacific Life Insurance Company
700 Newport Center Drive
Newport Beach, California 92660
(Name and Address
of Agent for Service)
Approximate Date of Proposed Public Offering:
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It is proposed that this filing will become effective (check appropriate box)
o
immediately upon filing pursuant to paragraph (b) of Rule 485
x on December 28, 2018 pursuant to paragraph (b) of Rule 485
o 60 days after filing pursuant to paragraph
(a)(1) of Rule 485
o on
________ pursuant to paragraph (a)(1) of Rule 485
If appropriate, check the following box:
o This post-effective amendment designates a new effective date for a previously filed post-effective amendment.
Title of Securities Being Registered: Interests in the Separate Account under Pacific Select Variable Annuity individual flexible premium deferred variable annuity contracts.
Filing Fee: None
Supplement dated December 28, 2018 to the Pacific Select Variable Annuity Prospectus dated May 1, 2018 for
the variable annuity contract issued by Pacific Life Insurance Company
Capitalized terms used in this supplement are defined in your Prospectus unless otherwise defined herein. "We," "us," or "our" refer to Pacific Life Insurance Company; "you" or "your" refer to the Contract Owner.
This supplement must be preceded or accompanied by the Prospectus for your Contract, as supplemented.
Effective February 19, 2019, the Enhanced Income Percentages for the Enhanced Income Select (Single) Rider will change. Prior to purchase, speak with your Financial Advisor or contact us directly at (800) 722-4448 for the Enhanced Income Select (Single) annual charge percentage that will be in effect February 19, 2019. If you purchased the Enhanced Income Select (Single) Rider and your Rider Effective Date is before February 19, 2019, your Enhanced Income Percentages will not change.
The Enhanced Income Percentages starting February 19, 2019, are as follows:
Enhanced Income Select (Single)
Age* | Enhanced Income Percentage when Contract Value is greater than zero | Guaranteed Lifetime Income Percentage when Contract Value equals zero |
Before 59½ | 0% | 0% |
59½ to 64 | 5.60% | 3.00% |
65 to 69 | 7.60% | |
70 to 74 | 8.00% | |
75 to 79 | 8.00% | |
80 and older | 8.00% |
* The Enhanced Income Percentage is determined by the age of the Designated Life at the time of the first withdrawal on or after age 59½ or the first withdrawal after an Automatic or Owner-Elected Reset occurred.
Starting February 19, 2019, any withdrawal benefit rider exchange into the Enhanced Income Select (Single) Rider will have the new Enhanced Income Percentages referenced above. Existing owners of the Enhanced Income Select (Single) Rider may also exchange into the Enhanced Income Select (Single) Rider with the new Enhanced Income Percentages referenced above. If you elect an exchange, you will be subject to the charge and the terms and conditions for the new Rider in effect at the time of the exchange. See the OPTIONAL LIVING BENEFIT RIDERS – General Information – Withdrawal Benefit Rider Exchanges section in the Prospectus for additional information on rider exchanges. Work with your financial advisor prior to electing an exchange.
Form No. PSVASUP1218
Prospectus
(Included in Registrant’s Form N-4, File No. 33-32704 Accession No. 0001104659-18-024174 filed on April 16, 2018, and incorporated by reference herein.)
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SAI
(Included in Registrant’s Form N-4, File No. 33-32704 Accession No. 0001104659-18-024174 filed on April 16, 2018, and incorporated by reference herein.)
PART C: OTHER INFORMATION
Item 24. Financial Statements and Exhibits
(a) Financial Statements
Part A: None | ||||
Part B: | ||||
(1) Registrant’s Financial Statements | ||||
Audited Financial Statements dated as of December 31, 2017 and for each of the periods presented which are incorporated by reference from the 2017 Annual Report include the following for Pacific Select Variable Annuity Separate Account: | ||||
Statements of Assets and Liabilities Statements of Operations Statements of Changes in Net Assets Notes to Financial Statements Report of Independent Registered Public Accounting Firm | ||||
(2) Depositor’s Financial Statements | ||||
Audited Consolidated Financial Statements dated as of December 31, 2017 and 2016, and for each of the three years in the period ended December 31, 2017, included in Part B include the following for Pacific Life: | ||||
Independent Auditors’ Report Consolidated Statements of Financial Condition Consolidated Statements of Operations Consolidated Statements of Stockholder’s Equity Consolidated Statements of Cash Flows Notes to Consolidated Financial Statements | ||||
(b) Exhibits
1. | (a) | Resolution of the Board of Directors of the Depositor authorizing establishment of Separate Accounts and Memorandum establishing Pacific Select Variable Annuity Separate Account; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000898430-001024 filed on March 28, 1996 and incorporated by reference herein. | |
(b) | Resolution of the Board of Directors of Pacific Life Insurance Company authorizing conformity to the terms of the current Bylaws; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001017062-98-000944 filed on April 29, 1998 and incorporated by reference herein. | ||
2. | Not applicable | ||
3. | (a) | Distribution Agreement between Pacific Life Insurance Company, Pacific Life & Annuity Company and Pacific Select Distributors Inc. (PSD); Included in Registrant’s Form N-4, File No. 333-60833, Accession No. 0000950123-11-061492 filed on June 24, 2011, and incorporated by reference herein. | |
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(b) | Form of Selling Agreement between Pacific Life, PSD and Various Broker-Dealers; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000892569-06-000531 filed on April 18, 2006 and incorporated by reference herein. | |
(c) | Distribution Agreement between Pacific Life Insurance Company, Pacific Life & Annuity Company and Pacific Select Distributors, LLC (PSD) (Amended and Restated); included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001104659-17-023719 filed on April 17, 2017, and incorporated by reference herein. | |
4. | (a) | Individual Flexible Premium Variable Accumulation Deferred Annuity Contract, Form 90-53; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000898430-001024 filed on March 28, 1996 and incorporated by reference herein. |
(b) | Deferred Annuity Contract, Form AP9230-1; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000898430-001024 filed on March 28, 1996 and incorporated by reference herein. | |
(c) | Guaranteed Death Benefit Rider; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000898430- 001024 filed on March 28, 1996 and incorporated by reference herein. | |
(d) | Individual Retirement Annuity Rider (Form No. 20-18900); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001017062-02-002148 filed on December 18, 2002 and incorporated by reference herein. | |
(e) | Pension Plan Rider; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000898430-001024 filed on March 28, 1996 and incorporated by reference herein. | |
(f) | Required Distributions for Compliance with Section 72(S) Rider; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000898430-001024 filed on March 28, 1996 and incorporated by reference herein. | |
(g) | Endorsement (Preauthorized Withdrawal Feature); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000898430-001024 filed on March 28, 1996 and incorporated by reference herein. | |
(h) | Endorsement (Distribution of In-Kind Securities); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000898430-001024 filed on March 28, 1996 and incorporated by reference herein. | |
(i) | Free Look Sticker ST-43; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000898430-001024 filed on March 28, 1996 and incorporated by reference herein. | |
(j) | Minimum Guaranteed Death Benefit and Terminal Illness Waiver Endorsement E-93-9053; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000898430-001024 filed on March 28, 1996 and incorporated by reference herein. | |
(k) | Changes to Contract Endorsement E1-95-9053; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000898430-001024 filed on March 28, 1996 and incorporated by reference herein. | |
(l) | Required Distributions for Compliance with Section 72(S) of the Internal Revenue Code of 1986, amended (the Code) Rider R72S-9553; Included in Registrant’s Form N-4, File No. 033-32704, |
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Accession No. 0000898430- 001024 filed on March 28, 1996 and incorporated by reference herein. | |||
(m) | (1) | 403(b) Tax Sheltered Annuity Rider; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001017062-02-000772 filed on April 30, 2002 and incorporated by reference herein. | |
(2) | 403(b) Tax-Sheltered Annuity Rider (Form No. 20-1156); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000892569-08-001549, filed on December 4, 2008, and incorporated by reference herein. | ||
(n) | Section 457 Plan Rider R-95-457; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000898430- 001024 filed on March 28, 1996 and incorporated by reference herein. | ||
(o) | Qualified Plan Loan Endorsement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000898430- 001024 filed on March 28, 1996 and incorporated by reference herein. | ||
(p) | Roth Individual Retirement Annuity Rider (Form No. 20-19000); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001017062-02-002148 filed on December 18, 2002 and incorporated by reference herein. | ||
(q) | SIMPLE Individual Retirement Annuity Rider (Form No. 20-19100); Included in Registrant’s Form N-4, File No. 033- 32704, Accession No. 0001017062-02-002148 filed on December 18, 2002 and incorporated by reference herein. | ||
(r) | Guaranteed Protection Advantage (GPA) Rider (Form No. 20-16200); Included in Registrant’s Form N-4, File No. 033- 32704, Accession No. 0000898430-01-503114 filed on October 25, 2001 and incorporated by reference herein. | ||
(s) | Guaranteed Protection Advantage 5 Rider (Form No. 20-19500); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001017062-03-000463 filed on March 18, 2003 and incorporated by reference herein. | ||
(t) | Qualified Retirement Plan Rider; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001017062-02- 000772 filed on April 30, 2002 and incorporated by reference herein. | ||
(u) | (1) | Income Access Rider (Form No. 20-19808); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001017062-03-000463 filed on March 18, 2003 and incorporated by reference herein. | |
(2) | Income Access Rider (Form No. 20-1104); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001193125-04-031264 filed on February 27, 2004 and incorporated by reference herein. | ||
(3) | Income Access Endorsement (Form No. 15-1122); Included in Registrant’s Form N-4, File No. 033-32704,Accession No. 0000892569-05-000442 filed on June 15, 2005 and incorporated by reference herein. | ||
(4) | Excess Withdrawal Endorsement (Form No. 15-1152C); Included in Registrant’s Form N-4, File No. 333-136597, Accession No. 0000892569-08-000961, filed on July 2, 2008, and incorporated by reference herein. | ||
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(v) | Guaranteed Income Advantage (GIA) Rider (Form No. 20-15100); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001017062-03-001019 filed on April 30, 2003 and incorporated by reference herein. | ||
(w) | Guaranteed Income Advantage II Rider (Form No. 20-1109); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001193125-04-031264 filed on February 27, 2004 and incorporated by reference herein. | ||
(x) | Guaranteed Income Advantage 5 Rider (Form No. 20-1102); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001193125-04-031264 filed on February 27, 2004 and incorporated by reference herein. | ||
(y) | Guaranteed Income Annuity Rider (Form No. 20-1118); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000892569-04-000886 filed on October 15, 2004 and incorporated by reference herein. | ||
(z) | (1) | Guaranteed Withdrawal Benefit Rider (Form No. 20-1119); also known as Income Access Plus Rider; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000892569-04-000886 filed on October 15,2004 and incorporated by reference herein. | |
(2) | Guaranteed Withdrawal Benefit Endorsement (Form No. 15-1123); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000892569-05-000442 filed on June 15, 2005 and incorporated by reference herein. | ||
(3) | Excess Withdrawal Endorsement (Form No. 15-1152E); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000892569-08-001265, filed on September 11, 2008, and incorporated by reference herein. | ||
(aa) | (1) | Enhanced Guaranteed Withdrawal Benefit Rider (Form No. 20-1120); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000892569-05-000568 filed on August 2, 2005 and incorporated by reference herein. | |
(2) | Excess Withdrawal Endorsement (Form No. 15-1152A); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000892569-08-001265, filed on September 11, 2008, and incorporated by reference herein. | ||
(bb) | (1) | 5% Guaranteed Withdrawal Benefit Rider (Form No. 20-1131); Included in Registrant’s Form N-4, File No. 033-60833, as Exhibit 4(v), Accession No. 0000892569-06-001252, filed on October 19, 2006 and incorporated by reference herein. | |
(2) | Excess Withdrawal Endorsement (Form No. 15-1152); Included in Registrant’s Form N-4, File No. 333-136597, Accession No. 0000892569-08-000961, filed on July 2, 2008, and incorporated by reference herein. | ||
(cc) | Guaranteed Protection Advantage 3 Rider (Form No. 20-1145); Included in Registrant’s Form N-4, File No. 333-141135, Accession No. 0000892569-07-001521, filed on December 12, 2007, and incorporated by reference herein. | ||
(dd) | (1) | Guaranteed Withdrawal Benefit II Rider (Form No. 20-1146); Included in Registrant’s Form N-4, File No. 333-141135, Accession No. 0000892569-07-001521, filed on December 12, 2007, and incorporated by reference herein. | |
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(2) | Excess Withdrawal Endorsement (Form No. 15-1152); Included in Registrant’s Form N-4, File No. 333-136597, Accession No. 0000892569-08-000961, filed on July 2, 2008, and incorporated by reference herein. | ||
(ee) | Guaranteed Withdrawal Benefit III Rider (Form No. 20-1153); Included in Registrant’s Form N-4, File No. 333-136597, Accession No. 0000892569-08-000961, filed on July 2, 2008, and incorporated by reference herein. | ||
(ff) | Guaranteed Withdrawal Benefit Rider (Form No. 20-1154); Included in Registrant’s Form N-4, File No. 333-136597, Accession No. 0000892569-08-000961, filed on July 2, 2008, and incorporated by reference herein. | ||
(gg) | Core Withdrawal Benefit Rider (Form No. 20-1162); Included in Registrant’s Form N-4, File No. 333-136597, Accession No. 0000892569-09-000061, filed on February 9, 2009, and incorporated by reference herein. | ||
(hh) | Guaranteed Withdrawal Benefit IV Rider (Form No. 20-1176); Included in Registrant’s Form N-4, File No. 333-136597, Accession No. 0000950123-09-050719, filed on October 16, 2009, and incorporated by reference herein. | ||
(ii) | Core Withdrawal Benefit II Rider (Form No. 20-1178); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-10-035864, filed on April 19, 2010, and incorporated by reference herein. | ||
(jj) | Guaranteed Withdrawal Benefit V Rider — Single Life (Form No. ICC 10:20-1194); Included in Registrant’s Form N-4, File No. 033-88458, Accession No. 0000950123-10-115911 filed on December 23, 2010, and incorporated by reference herein. | ||
(kk) | Guaranteed Withdrawal Benefit VII Rider — Single Life (Form No. ICC 11:20-1204); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-11-036768 filed on April 19, 2011, and incorporated by reference herein. | ||
(ll) | Guaranteed Withdrawal Benefit XII Rider — Single Life (Form No. ICC12:20-1256); Included in Registration Statement on Form N-4, File No. 333-185326, Accession No. 0000950123-12-013639 filed on December 7, 2012 and incorporated by reference herein. | ||
(mm) | Guaranteed Withdrawal Benefit XII Rider — Joint Life (Form No. ICC12:20-1257); Included in Registration Statement on Form N-4, File No. 333-185326, Accession No. 0000950123-12-013639 filed on December 7, 2012 and incorporated by reference herein. | ||
(nn) | Guaranteed Withdrawal Benefit X Rider — Single Life (Form No. ICC12:20-1258); Included in Registration Statement on Form N-4, File No. 333-53040, Accession No. 0000950123-13-002336 filed on April 18, 2013 and incorporated by reference herein. | ||
(oo) | Guaranteed Withdrawal Benefit X Rider — Joint Life (Form No. ICC12:20-1259); Included in Registration Statement on Form N-4, File No. 333-53040, Accession No. 0000950123-13-002336 filed on April 18, 2013 and incorporated by reference herein. | ||
(pp) | Guaranteed Withdrawal Benefit XIII Rider (Form No. ICC12:20-1263); Included in Registration Statement on Form N- 4, File No. 333-185326, Accession No. 0000950123-12-013639 filed on December 7, 2012 and incorporated by reference herein. | ||
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(qq) | Guaranteed Minimum Accumulation Benefit Rider (Form No. ICC12:20-1254); Included in Registration Statement on Form N- 4, File No. 333-185326, Accession No. 0000950123-12-013639 filed on December 7, 2012 and incorporated by reference herein. | |
(rr) | Guaranteed Withdrawal Benefit XV Rider — Single Life (Form No. ICC12:20-1501); Included in Registration Statement on Form N-4, File No. 33-32704, Accession No. 0001193125-16-460259 filed on February 12, 2016 and incorporated by reference herein. | |
(ss) | Guaranteed Withdrawal Benefit XV Rider — Joint Life (Form No. ICC12:20-1502); Included in Registration Statement on Form N-4, File No. 33-32704, Accession No. 0001193125-16-460259 filed on February 12, 2016 and incorporated by reference herein. | |
5. | (a) | Application Form for Individual Flexible Premium Variable; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001017062-98-000944 filed on April 29, 1998 and incorporated by reference herein. |
(b) | Guaranteed Protection Advantage Rider Request (Form No. 55-16600); Included in Registrant’s Form N-4, File No. 033- 32704, Accession No. 0000898430-01-503114 filed on October 25, 2001 and incorporated by reference herein. | |
(c) | Guaranteed Protection Advantage 5 Rider Request Form (Form No. 2311-3A); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001017062-03-000463 filed on March 18, 2003 and incorporated by reference herein. | |
(d) | Income Access Rider Request (Form No. 2315-3A); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001017062-03-000463 filed on March 18, 2003 and incorporated by reference herein. | |
(e) | Guaranteed Income Advantage (GIA) Rider Request (Form No. 1209-1A); Included in Registrant’s Form N-4, File No. 033- 32704, Accession No. 0001017062-03-001019 filed on April 30, 2003 and incorporated by reference herein. | |
6. | (a) | Pacific Life’s Articles of Incorporation; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001017062-98-000944 filed on April 29, 1998 and incorporated by reference herein. |
(b) | By-laws of Pacific Life; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001017062-98-000944 filed on April 29, 1998 and incorporated by reference herein. | |
(c) | Pacific Life’s Restated Articles of Incorporation; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000892569-06-000531 filed on April 18, 2006 and incorporated by reference herein. | |
(d) | By-laws of Pacific Life As Amended September 1, 2005; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000892569-06-000531 filed on April 18, 2006 and incorporated by reference herein. | |
7. | (a) | Form of Reinsurance Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000892569-08-000655, filed on April 24, 2008, and incorporated by reference herein. |
(b) | Reinsurance Agreement with Union Hamilton; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-346579 filed on October 19, 2015 and incorporated by reference herein. |
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8. | (a) | Pacific Select Fund Participation Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001017062-01-500102 filed on April 26, 2001 and incorporated by reference herein. | |
(b) | Fund Participation Agreement Between Pacific Life Insurance Company, Pacific Select Distributors, Inc., American Funds Insurance Series, American Funds Distributors, and Capital Research and Management Company; Included in Registrant’s Form N-4, File No. 333-93059, Accession No. 0000892569-05-000253 filed on April 19, 2005 and incorporated by reference herein. | ||
(c) | Form of AllianceBernstein Variable Products Series Fund, Inc. Participation Agreement; Included in Registrant’s Form N-4, File No. 333-136597, Accession No. 0000892569-08-000961, filed on July 2, 2008, and incorporated by reference herein. | ||
(d) | Form of BlackRock Variable Series Fund, Inc. (formerly called Merrill Lynch Variable Series Fund, Inc.) Participation Agreement; Included in Registrant’s Form N-4, File No. 333- 136597, Accession No. 0000892569-08-000961, filed on July 2, 2008, and incorporated by reference herein. | ||
(1) | First Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-13-399448 filed on October 15, 2013, and incorporated by reference herein. | ||
(2) | Second Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-13-399448 filed on October 15, 2013, and incorporated by reference herein. | ||
(3) | Third Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-10-035864, filed on April 19, 2010, and incorporated by reference herein. | ||
(4) | Fourth Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-13-399448 filed on October 15, 2013, and incorporated by reference herein. | ||
(5) | Fifth Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 333-160772, Accession No. 0001193125-14-310473 filed on August 15, 2014, and incorporated by reference herein. | ||
(e) | Form of Franklin Templeton Variable Insurance Products Trust Participation Agreement; Included in Registrant’s Form N-4, File No. 333-136597, Accession No. 0000892569-08-000961, filed on July 2, 2008, and incorporated by reference herein. | ||
(1) | First Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-10-035864, filed on April 19, 2010, and incorporated by reference herein. | ||
(2) | Addendum to Participation Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-11-036768 filed on April 19, 2011, and incorporated by reference herein. | ||
(3) | Second Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-14-142421 filed on April 14, 2014, and incorporated by reference herein. | ||
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(4) | Third Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 333-160772, Accession No. 0001193125-14-310473 filed on August 15, 2014, and incorporated by reference herein. | ||
(5) | Fourth Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-127182 filed on April 13, 2015, and incorporated by reference herein. | ||
(f) | Form of AllianceBernstein Investments, Inc. Administrative Services Agreement; Included in Registrant’s Form N-4, File No. 333-136597, Accession No. 0000892569-08-000961, filed on July 2, 2008, and incorporated by reference herein. | ||
(g) | Form of BlackRock Distributors, Inc. (formerly called FAM Distributors, Inc.) Administrative Services Agreement; Included in Registrant’s Form N-4, File No. 333- 136597, Accession No. 0000892569-08-000961, filed on July 2, 2008, and incorporated by reference herein. | ||
(1) | First Amendment to Administrative Services Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-10-035864, filed on April 19, 2010, and incorporated by reference herein. | ||
(2) | Second Amendment to Administrative Services Agreement; Included in Registrant’s Form N-4, File No. 333-160772, Accession No. 0001193125-14-310473 filed on August 15, 2014, and incorporated by reference herein. | ||
(3) | Third Amendment to Administrative Services Agreement; Included in Registrant’s Form N-4, File No. 333-160772, Accession No. 0001193125-14-310473 filed on August 15, 2014, and incorporated by reference herein. | ||
(4) | Fourth Amendment to Administrative Services Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-127182 filed on April 13, 2015, and incorporated by reference herein. | ||
(h) | Form of Franklin Templeton Services, LLC Administrative Services Agreement; Included in Registrant’s Form N-4, File No. 333-136597, Accession No. 0000892569-08-000961, filed on July 2, 2008, and incorporated by reference herein. | ||
(1) | First Amendment to Administrative Services Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-10-035864, filed on April 19, 2010, and incorporated by reference herein. | ||
(2) | Second Amendment to Administrative Services Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001193125-12-503037 filed on December 14, 2012 and incorporated by reference herein. | ||
(3) | Third Amendment to Administrative Services Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001193125-12-503037 filed on December 14, 2012 and incorporated by reference herein. | ||
(4) | Fourth Amendment to Administrative Services Agreement; Included in Registrant’s Form N-4, File No. 333-160772, Accession No. 0001193125-14-310473 filed on August 15, 2014, and incorporated by reference herein. | ||
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(5) | Fifth Amendment to Administrative Services Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-127182 filed on April 13, 2015, and incorporated by reference herein. | ||
(i) | Form of AIM Variable Insurance Funds Participation Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000892569-08-001549, filed on December 4, 2008, and incorporated by reference herein. | ||
(1) | First Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-12-006436 filed on April 24, 2012, and incorporated by reference herein. | ||
(j) | Form of Invesco Aim Distributors, Inc. Distribution Services Agreement; Included in Registrant’s Form N-4, File No. 033- 32704, Accession No. 0000892569-08-001549, filed on December 4, 2008, and incorporated by reference herein. | ||
(1) | First Amendment to Distribution Services Agreement; included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001104659-17-023719 filed on April 17, 2017, and incorporated by reference herein. | ||
(k) | Form of Invesco Aim Advisors, Inc. Administrative Services Agreement; Included in Registrant’s Form N-4, File No. 033- 32704, Accession No. 0000892569-08-001549, filed on December 4, 2008, and incorporated by reference herein. | ||
(l) | Form of GE Investments Funds, Inc. Participation Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000892569-08-001549, filed on December 4, 2008, and incorporated by reference herein. | ||
(1) | First Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-10-035864, filed on April 19, 2010, and incorporated by reference herein. | ||
(2) | Second Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 333-160772, Accession No. 0001193125-14-310473 filed on August 15, 2014, and incorporated by reference herein. | ||
(3) | Third Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 333-160772, Accession No. 0001193125-14-310473 filed on August 15, 2014, and incorporated by reference herein. | ||
(m) | Form of GE Investment Distributors, Inc. Distribution and Services Agreement (Amended and Restated); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-10-035864, filed on April 19, 2010, and incorporated by reference herein. | ||
(n) | Form of Van Kampen Life Investment Trust Participation Agreement; Included in Registrant’s Form N-4, File No. 033- 32704, Accession No. 0000892569-08-001549, filed on December 4, 2008, and incorporated by reference herein. | ||
(o) | Form of Van Kampen Funds, Inc. Shareholder Service Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000892569-08-001549, filed on December 4, 2008, and incorporated by reference herein. | ||
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(p) | Form of Van Kampen Asset Management Administrative Services Letter Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000892569-08-001549, filed on December 4, 2008, and incorporated by reference herein. | ||
(q) | Form of GE Investments Funds, Inc. Investor Services Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-10-035864, filed on April 19, 2010, and incorporated by reference herein. | ||
(1) | First Amendment to Investor Services Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-10-035864, filed on April 19, 2010, and incorporated by reference herein. | ||
(2) | Second Amendment to Investor Services Agreement; Included in Registrant’s Form N-4, File No. 333-160772, Accession No. 0001193125-14-310473, filed on August 15, 2014, and incorporated by reference herein. | ||
(r) | Form of PIMCO Variable Insurance Trust Participation Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-10-035864, filed on April 19, 2010, and incorporated by reference herein. | ||
(1) | First Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-11-036768 filed on April 19, 2011, and incorporated by reference herein. | ||
(2) | Second Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-11-036768 filed on April 19, 2011, and incorporated by reference herein. | ||
(s) | Form of Allianz Global Investors Distributors LLC Selling Agreement; Included in Registrant’s Form N-4, File No. 033- 32704, Accession No. 0000950123-10-035864, filed on April 19, 2010, and incorporated by reference herein. | ||
(1) | First Amendment to Selling Agreement; included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001104659-17-023719 filed on April 17, 2017, and incorporated by reference herein. | ||
(t) | Form of PIMCO LLC Services Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-10-035864, filed on April 19, 2010, and incorporated by reference herein. | ||
(1) | First Amendment to Services Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001193125-12-503037 filed on December 14, 2012 and incorporated by reference herein. | ||
(2) | Second Amendment to Services Agreement; Included in Registrant’s Form N-4, file No. 33-32704, Accession No. 0001193125-14-142421 filed on April 14, 2014, and incorporated by reference herein. | ||
(3) | Third Amendment to Services Agreement; Included in Registrant’s Form N-4, file No. 33-32704, Accession No. 0001104659-18-024174 filed on April 16, 2018, and incorporated by reference herein. | ||
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(u) | Form of MFS Variable Insurance Trust Participation Agreement; Included in Registrant’s Form N-4, File No. 333-160772, Accession No. 0000950123-10-036181 filed on April 20, 2010, and incorporated by reference herein. | ||
(1) | First Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 333-160772, Accession No. 0000950123-10-036181 filed on April 20, 2010, and incorporated by reference herein. | ||
(2) | Second Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-11-036768 filed on April 19, 2011, and incorporated by reference herein. | ||
(3) | Third Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-127182 filed on April 13, 2015, and incorporated by reference herein. | ||
(v) | (1) | Form of MFS Variable Insurance Trust Administrative Services Agreement; Included in Registrant’s Form N-4, File No. 333-160772, Accession No. 0000950123-10-036181 filed on April 20, 2010, and incorporated by reference herein. | |
(2) | Form of MFS Variable Insurance Trust Administrative Services Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-127182 filed on April 13, 2015, and incorporated by reference herein. | ||
(3) | Form of MFS Variable Insurance Trust Administrative Services Agreement; included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001104659-17-023719 filed on April 17, 2017, and incorporated by reference herein. | ||
(w) | Participation Agreement with Fidelity Variable Insurance Products (Variable Insurance Products Funds, Variable Insurance Products Fund II, Variable Insurance Products Fund III and Variable Insurance Products Funds V); Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-12-006436 filed on April 24, 2012, and incorporated by reference herein. | ||
(1) | First Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-12-006436 filed on April 24, 2012, and incorporated by reference herein. | ||
(2) | Second Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-12-006436 filed on April 24, 2012, and incorporated by reference herein. | ||
(x) | Service Contract with Fidelity Distributors Corporation; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-12-006436 filed on April 24, 2012, and incorporated by reference herein. | ||
(1) | Amendment to Service Contract; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-12-006436 filed on April 24, 2012, and incorporated by reference herein. | ||
(y) | Participation Agreement with First Trust Variable Insurance Trust; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-12-006436 filed on April 24, 2012, and incorporated by reference herein. | ||
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(1) | First Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-14-142421 filed on April 14, 2014, and incorporated by reference herein. | ||
(2) | Second Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-346579 filed on October 19, 2015 and incorporated by reference herein. | ||
(z) | Administrative Services Agreement with First Trust Variable Insurance Trust; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-12-006436 filed on April 24, 2012, and incorporated by reference herein. | ||
(1) | First Amendment to Administrative Services Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-14-142421 filed on April 14, 2014, and incorporated by reference herein. | ||
(2) | Second Amendment to Administrative Services Agreement; Included in Registrant’s Form N-4, File No. 333-160772, Accession No. 0001193125-14-310473 filed on August 15, 2014, and incorporated by reference herein. | ||
(3) | Third Amendment to Administrative Services Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-346579 filed on October 19, 2015 and incorporated by reference herein. | ||
(aa) | Support Agreement with First Trust Advisors L.P.; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000950123-12-006436 filed on April 24, 2012, and incorporated by reference herein. | ||
(1) | First Amendment to Support Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-14-142421 filed on April 14, 2014, and incorporated by reference herein. | ||
(2) | Second Amendment to Support Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-346579 filed on October 19, 2015 and incorporated by reference herein. | ||
(bb) | Form of American Century Investment Services, Inc. Participation Agreement; Included in Registrant’s Form N-6, File No. 333-150092, Accession Number 000950123-12-006370 filed on April 23, 2012. | ||
(cc) | Form of American Century Investment Services, Inc. Administrative Services Agreement; Included in Registrant’s Form N-6, File No. 333-150092, Accession Number 000950123-12-006370 filed on April 23, 2012. | ||
(1) | First Amendment to Administrative Services Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001193125-12-503037 filed on December 14, 2012 and incorporated by reference herein. | ||
(dd) | Participation Agreement with Janus Aspen Series; Included in Registrant’s Form N-6, File No. 333-118913, Accession Number 000892569-07-000444 filed on April 16, 2007. | ||
(1) | First Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 033- | ||
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32704, Accession No. 0001193125-12-503037 filed on December 14, 2012 and incorporated by reference herein. | |||
(2) | Second Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-127182 filed on April 13, 2015, and incorporated by reference herein. | ||
(ee) | Distribution and Shareholder Service Agreement with Janus Capital Management LLC; Included in Registrant’s Form N-6, File No. 333-118913, Accession Number 000892569-07-000444 filed on April 16, 2007. | ||
(1) | First Amendment to Distribution and Shareholder Service Agreement; included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001104659-17-023719 filed on April 17, 2017, and incorporated by reference herein. | ||
(ff) | Administrative Services Agreement with Janus Distributors LLC; Included in Registrant’s Form N-6, File No. 333-118913, Accession Number 000892569-07-000444 filed on April 16, 2007. | ||
(gg) | Form of Lord Abbett Series Fund, Inc. Fund Participation Agreement; Included in Registrant’s Form N-4, File No. 333- 168284, Accession No. 0000950123-10-067409 filed on July 23, 2010, and incorporated by reference herein. | ||
(hh) | Form of Lord Abbett Series Fund, Inc. Service Agreement; Included in Registrant’s Form N-4, File No. 333-168284, Accession No. 0000950123-10-067409 filed on July 23, 2010, and incorporated by reference herein. | ||
(ii) | Form of Lord Abbett Series Fund, Inc. Administrative Services Agreement; Included in Registrant’s Form N-4, File No. 333-168284, Accession No. 0000950123-10-067409 filed on July 23, 2010, and incorporated by reference herein. | ||
(jj) | Form of Lord Abbett Series Fund, Inc. Support Payment Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001193125-12-503037 filed on December 14, 2012 and incorporated by reference herein. | ||
(1) | First Amendment to Support Payment Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001193125-12-503037 filed on December 14, 2012 and incorporated by reference herein. | ||
(kk) | Participation Agreement with Van Eck Worldwide Insurance Trust; Included in Registrant’s Form N-6, File No. 033- 21754, Accession No. 0000892569-05-000254 filed on April 19, 2005, and incorporated by reference herein. | ||
(1) | First Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001193125-12-503037 filed on December 14, 2012 and incorporated by reference herein. | ||
(ll) | Service Agreement with Van Eck Securities Corporation; Included in Registrant’s Form N-6, File No. 333-118913, Accession No. 0000892569-05-000054 filed on February 10, 2005, and incorporated by reference herein. | ||
(1) | First Amendment to Service Agreement; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0001193125-12-503037 filed on December 14, 2012 and incorporated by | ||
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reference herein. | |||
(mm) | Fund Participation and Service Agreement with American Funds; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-13-399448 filed on October 15, 2013, and incorporated by reference herein. | ||
(1) | First Amendment to Fund Participation and Service Agreement; included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-14-142421 filed on April 14, 2014, and incorporated by reference herein. | ||
(2) | Second Amendment to Fund Participation and Service Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-127182 filed on April 13, 2015, and incorporated by reference herein. | ||
(3) | Third Amendment to Fund Participation and Service Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-346579 filed on October 19, 2015 and incorporated by reference herein. | ||
(nn) | Business Agreement with American Funds; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-13-399448 filed on October 15, 2013, and incorporated by reference herein. | ||
(oo) | Participation Agreement with Ivy Funds Variable Insurance Portfolios; included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-14-142421 filed on April 14, 2014, and incorporated by reference herein. | ||
(1) | First Amendment to Participation Agreement; included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001104659-17-023719 filed on April 17, 2017, and incorporated by reference herein. | ||
(2) | Second Amendment to Participation Agreement; included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001104659-17-023719 filed on April 17, 2017, and incorporated by reference herein. | ||
(3) | Third Amendment to Participation Agreement | ||
(pp) | Exhibit B to the Pacific Select Fund Participation Agreement; Included in Registrant’s Form N-4, File No. 333-160772, Accession No. 0001193125-14-310473 filed on August 15, 2014, and incorporated by reference herein. | ||
(qq) | Distribution Fee Agreement with JPMorgan Insurance Trust; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-127182 filed on April 13, 2015, and incorporated by reference herein. | ||
(rr) | Fund Participation Agreement with JPMorgan Insurance Trust (formerly called One Group Investments Trust); Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-127182 filed on April 13, 2015, and incorporated by reference herein. | ||
(1) | First Amendment to Fund Participation Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-127182 filed on April 13, 2015, and incorporated by reference herein. | ||
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(ss) | Supplemental Payment Agreement with JPMorgan Insurance Trust (formerly called One Group Investments Trust); Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-127182 filed on April 13, 2015, and incorporated by reference herein. | ||
(1) | First Amendment to the Supplemental Payment Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-127182 filed on April 13, 2015, and incorporated by reference herein. | ||
(2) | Second Amendment to the Supplemental Payment Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-127182 filed on April 13, 2015, and incorporated by reference herein. | ||
(3) | Third Amendment to Supplemental Payment Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-346579 filed on October 19, 2015 and incorporated by reference herein. | ||
(tt) | Distribution and Marketing Support Agreement (Amended and Restated) with BlackRock Variable Series Fund, Inc.; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-127182 filed on April 13, 2015, and incorporated by reference herein. | ||
(uu) | Participation Agreement with Legg Mason Partners III; Filed as part of Post-Effective Amendment No. 9 to the Registration Statement on Form N-6 via EDGAR on April 16, 2007, File No. 333-118913, Accession Number 000892569-07-000444. | ||
(1) | First Amendment to Participation Agreement; Included in Registrant’s Form N-6, File No. 333-172851, Accession No. 0001193125-15-132710 filed April 16, 2015, and incorporated by reference herein. | ||
(2) | Second Amendment to Participation Agreement; Included in Registrant’s Form N-6, File No. 333-172851, Accession No. 0001193125-15-132710 filed April 16, 2015, and incorporated by reference herein. | ||
(3) | Third Amendment to Participation Agreement; included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001104659-17-023719 filed on April 17, 2017, and incorporated by reference herein. | ||
(vv) | Service Agreement with Legg Mason Investor Services, LLC; Filed as part of Post-Effective Amendment No. 9 to the Registration Statement on Form N-6 via EDGAR on April 16, 2007, File No. 333-118913, Accession Number 000892569-07-000444. | ||
(1) | First Amendment to Service Agreement; Included in Registrant’s Form N-6, File No. 333-172851, Accession No. 0001193125-15-132710 filed April 16, 2015, and incorporated by reference herein. | ||
(2) | Second Amendment to Service Agreement; Included in Registrant’s Form N-6, File No. 333-172851, Accession No. 0001193125-15-132710 filed April 16, 2015, and incorporated by reference herein. | ||
(3) | Third Amendment to Service Agreement; Included in Registrant’s Form N-6, File No. 333-172851, Accession No. 0001193125-15-304332 filed August 27, 2015, and incorporated by reference herein. | ||
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(ww) | Participation Agreement with Neuberger Berman; Filed as part of the Registration Statement on Form N-6 via EDGAR on April 15, 2013, File No. 333-172851, Accession Number 0000950123-13-002255. | ||
(1) | First Amendment to Participation Agreement; Included in Registrant’s Form N-6, File No. 333-172851, Accession No. 0001193125-15-304332 filed August 27, 2015, and incorporated by reference herein. | ||
(xx) | Administrative Services Agreement with Neuberger Berman; Filed as part of the Registration Statement on Form N-6 via EDGAR on April 15, 2013, File No. 333-172851, Accession Number 0000950123-13-002255. | ||
(yy) | Distribution and Administrative Services Agreement (Amended and Restated) with Neuberger Berman; Included in Registrant’s Form N-6, File No. 333-172851, Accession No. 0001193125-15-304332 filed August 27, 2015, and incorporated by reference herein. | ||
(zz) | Revenue Sharing Agreement with Oppenheimer; Filed as part of the Registration Statement on Form N-6 via EDGAR on May 30, 2013, File No. 333-152224, Accession Number 0001193125-13-240969. | ||
(aaa) | Participation Agreement with Oppenheimer; Filed as part of the Registration Statement on Form N-6 via EDGAR on May 30, 2013, File No. 333-152224, Accession Number 0001193125-13-240969. | ||
(1) | First Amendment to Participation Agreement; Included in Registrant’s Form N-6, File No. 333-172851, Accession No. 0001193125-15-132710 filed April 16, 2015, and incorporated by reference herein. | ||
(2) | Second Amendment to Participation Agreement; Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-346579 filed on October 19, 2015 and incorporated by reference herein. | ||
(3) | Third Amendment to Participation Agreement; included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001104659-17-023719 filed on April 17, 2017, and incorporated by reference herein. | ||
(bbb) | Revenue Sharing Agreement with Oppenheimer (Amended and Restated); Included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001193125-15-346579 filed on October 19, 2015 and incorporated by reference herein. | ||
(ccc) | Distribution Sub-Agreement with BlackRock Variable Series Fund, Inc.; included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001104659-17-023719 filed on April 17, 2017, and incorporated by reference herein. | ||
(ddd) | Administrative Services Agreement with Invesco Advisors, Inc.; included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001104659-17-023719 filed on April 17, 2017, and incorporated by reference herein. | ||
(eee) | Financial Support Agreement with Invesco Distributors, Inc.; included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001104659-17-023719 filed on April 17, 2017, and incorporated by reference herein. | ||
(fff) | Distribution and/or Service (12b-1) Fee Agreement with Legg Mason Investor Services, LLC; included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001104659-17-023719 filed on | ||
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April 17, 2017, and incorporated by reference herein. | ||
(ggg) | Selling Agreement with PIMCO Variable Insurance Trust | |
(hhh) | Service Agreement with PIMCO Variable Insurance Trust | |
9. | Opinion and Consent of legal officer of Pacific Mutual as to the legality of Contracts being registered; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000898430-001024 filed on March 28, 1996 and incorporated by reference herein. | |
10. | (a) | Consent of Independent Registered Public Accounting Firm and Consent of Independent Auditors; Included in Registrant’s Form N-4, file No. 33-32704, Accession No. 0001104659-18-024174 filed on April 16, 2018, and incorporated by reference herein. |
(b) | Consent of Dechert Price & Rhoads; Included in Registrant’s Form N-4, File No. 033-32704, Accession No. 0000898430- 001024 filed on March 28, 1996 and incorporated by reference herein. | |
11. | Not applicable | |
12. | Not applicable | |
13. | Powers of Attorney; included in Registrant’s Form N-4, File No. 33-32704, Accession No. 0001104659-17-023719 filed on April 17, 2017, and incorporated by reference herein. | |
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Item 25. Directors and Officers of Pacific Life
Name and Address | Positions and Offices with Pacific Life |
Director, Chairman, President and Chief Executive Officer | |
Adrian S. Griggs | Director, Executive Vice President and Chief Operating Officer |
Darryl D. Button | Director, Executive Vice President and Chief Financial Officer |
Director, Senior Vice President and General Counsel | |
Dewey P. Bushaw | Executive Vice President |
Edward R. Byrd | Senior Vice President and Chief Accounting Officer |
Jane M. Guon | Vice President and Secretary |
Joseph W. Krum | Vice President and Treasurer |
The address for each of the persons listed above is as follows:
700 Newport Center Drive Newport Beach, California 92660
Item 26. Persons Controlled by or Under Common Control with Pacific Life or Pacific Select Variable Annuity Separate Account.
The following is an explanation of the organization chart of Pacific Life’s subsidiaries:
Pacific Life is a Nebraska Stock Life Insurance Company wholly-owned by Pacific LifeCorp (a Delaware Stock Holding Company), which is, in turn, 100% owned by Pacific Mutual Holding Company (a Nebraska Mutual Insurance Holding Company).
PACIFIC LIFE, SUBSIDIARIES & AFFILIATED ENTERPRISES
LEGAL STRUCTURE
Jurisdiction of Incorporation or Organization | Percentage of Ownership by its Immediate Parent | ||||||
Pacific Mutual Holding Company | Nebraska | ||||||
Pacific LifeCorp | Delaware | 100 | |||||
Nebraska | 100 | ||||||
Pacific Life & Annuity Company | Arizona | 100 | |||||
Pacific Life Purchasing LLC | Delaware | 100 | |||||
Pacific Select Distributors, LLC | Delaware | 100 | |||||
Pacific Asset Holding LLC | Delaware | 100 | |||||
Pacific TriGuard Partners LLC | Delaware | 100 | |||||
Grayhawk Golf Holdings, LLC | Delaware | 95 | |||||
Grayhawk Golf L.L.C. | Arizona | 100 | |||||
Las Vegas Golf I, LLC | Delaware | 100 | |||||
Angel Park Golf, LLC | Nevada | 100 | |||||
PL/KBS Fund Member, LLC | Delaware | 100 | |||||
KBS/PL Properties, L.P. # | Delaware | 100 | |||||
Wildflower Member, LLC | Delaware | 100 | |||||
Epoch-Wildflower, LLC | Florida | 99 | |||||
Glenoaks Golf Club, LLC | Delaware | 100 | |||||
Polo Fields Golf Club, LLC | Delaware | 100 | |||||
PL Regatta Member, LLC | Delaware | 100 | |||||
Regatta Apartments Investors, LLC | Delaware | 90 | |||||
Pacific Asset Loan LLC | Delaware | 100 | |||||
PL Vintage Park Member, LLC | Delaware | 100 | |||||
Vintage Park Apartments GP, LLC | Delaware | 90 | |||||
PL Broadstone Avena Member, LLC | Delaware | 100 | |||||
Broadstone Avena Investors, LLC | Delaware | 90 | |||||
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GW Member LLC | Delaware | 100 | |||||
GW Apartments LLC | Delaware | 90 | |||||
PL Sierra Member, LLC | Delaware | 100 | |||||
Sierra at Fall Creek Apartments Investors, LLC | Delaware | 90 | |||||
PL TOR Member LLC | Delaware | 100 | |||||
2803 Riverside Apartment Investors, LLC | Delaware | 90 | |||||
PL Denver Member, LLC | Delaware | 100 | |||||
1776 Curtis, LLC | Delaware | 70 | |||||
PL Timberlake Member, LLC | Delaware | 100 | |||||
80 South Gibson Road Apartment Investors, LLC | Delaware | 90 | |||||
PL Van Buren Member, LLC | Delaware | 100 | |||||
1035 Van Buren Holdings, L.L.C. | Delaware | 43 | |||||
PL Lakemont Member, LLC | Delaware | 100 | |||||
Overlook at Lakemont Venture LLC | Delaware | 88 | |||||
PL Teravista Member, LLC | Delaware | 100 | |||||
401 Teravista Apartment Investors, LLC | Delaware | 90 | |||||
700 Main Street LLC | Delaware | 100 | |||||
PL Brier Creek Member, LLC | Delaware | 100 | |||||
Brier Creek Investors JV LLC | Delaware | 90 | |||||
PL One Jefferson Member, LLC | Delaware | 100 | |||||
One Jefferson Venture LLC | Delaware | 90 | |||||
PL Savannah Member, LLC | Delaware | 100 | |||||
Savannah at Park Place Apartments LLC | Delaware | 90 | |||||
PL Redland Member, LLC | Delaware | 100 | |||||
Redland Road Apartment Investors, LLC | Delaware | 100 | |||||
PL Spectrum Member, LLC | Delaware | 100 | |||||
9242 West Russell Road Apartment Investors, LLC | Delaware | 90 | |||||
PL Mortgage Fund, LLC | Delaware | 100 | |||||
PL Andate Member, LLC | Delaware | 100 | |||||
Andante Venture LLC | Delaware | 90 | |||||
PL Beardslee Member, LLC | Delaware | 100 | |||||
Village at Beardslee Investor, LLC# | Delaware | 90 | |||||
PL Monterone Member, LLC | Delaware | 100 | |||||
Monterone Apartment Investor, LLC | Delaware | 90 | |||||
PL Reno Member, LLC | Delaware | 100 | |||||
NPLC BV Manager LLC# | Delaware | 81 | |||||
PL Wabash Member, LLC | Delaware | 100 | |||||
THC 1333 S. Wabash LLC | Delaware | 90 | |||||
PL Alara Member, LLC | Delaware | 100 | |||||
Greenwood Village Apartment Investors, LLC | Delaware | 90 | |||||
PL Kierland Member, LLC | Delaware | 100 | |||||
T&L Apartment Investor, LLC | Delaware | 90 | |||||
PL Wardman Member, LLC | Delaware | 100 | |||||
Wardman Hotel Owner, L.L.C. | Delaware | 66.6668 | |||||
PL Peoria Member, LLC | Delaware | 100 | |||||
205 Peoria Street Owner, LLC | Delaware | 90 | |||||
PL Elk Meadows Member, LLC # | Delaware | 100 | |||||
PL Stonebriar Member, LLC # | Delaware | 100 | |||||
PL Deer Run Member, LLC # | Delaware | 100 | |||||
PL Tessera Member, LLC # | Delaware | 100 | |||||
PL Elevation Owner, LLC | Delaware | 100 | |||||
PL Vantage Member, LLC # | Delaware | 100 | |||||
PL Fairfax Gateway Member, LLC # | Delaware | 100 | |||||
Confederation Life Insurance and Annuity Company | Georgia | 100 | |||||
Pacific Global Asset Management LLC (Formerly known as Pacific Asset Advisors LLC) | Delaware | 100 | |||||
Cadence Capital Management LLC | Delaware | 100 | |||||
Cadence Global Equity GP LLC# | Delaware | 100 | |||||
Pacific Asset Management LLC | Delaware | 100 | |||||
Pacific Global Advisors LLC | Delaware | 100 | |||||
Pacific Private Fund Advisors LLC | Delaware | 100 | |||||
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Pacific Absolute Return Strategies GP LLC # | Delaware | 100 | |||||
Pacific Private Equity I GP LLC # | Delaware | 100 | |||||
Pacific Multi-Strategy GP LLC # | Delaware | 100 | |||||
Pacific Private Credit II GP LLC # | Delaware | 100 | |||||
Pacific Private Equity Opportunities II GP LLC # | Delaware | 100 | |||||
Pacific Private Credit III GP LLC # | Delaware | 100 | |||||
Pacific Private Equity Opportunities III GP LLC # | Delaware | 100 | |||||
Pacific Private Credit IV GP LLC | Delaware | 100 | |||||
Pacific Private Equity Opportunities IV GP LLC | Delaware | 100 | |||||
Pacific Co-Invest Opportunities I GP LLC | Delaware | 100 | |||||
Pacific Life Fund Advisors LLC | Delaware | 100 | |||||
PAM Bank Loan GP LLC # | Delaware | 100 | |||||
PAM CLO Opportunities GP LLC # | Delaware | 100 | |||||
PAM Trade Receivable GP LLC # | Delaware | 100 | |||||
Pacific Alliance Reinsurance Company of Vermont | Vermont | 100 | |||||
Pacific Services Canada Limited | Canada | 100 | |||||
Pacific Life Reinsurance Company II Limited | Barbados | 100 | |||||
Pacific Baleine Reinsurance Company | Vermont | 100 | |||||
Pacific Private Equity Incentive Allocation LLC | Delaware | 100 | |||||
Swell Investing Holding LLC | Delaware | 100 | |||||
Swell Investing LLC | Delaware | 100 | |||||
Pacific Life Aviation Holdings LLC | Delaware | 100 | |||||
Aviation Capital Group Holdings, Inc. (Pacific Life Aviation Holdings LLC holds 99.9999% ownership interest of this entity.) | Delaware | 99.9999 | |||||
Aviation Capital Group LLC (Pacific Life Aviation Holdings LLC holds 79% ownership interest of this entity.) | Delaware | 79 | |||||
Aviation Capital Group LLC (Aviation Capital Group Holdings, Inc. is the Managing Member of this entity and holds 1% ownership interest as such.) | Delaware | 1 | |||||
ACG Acquisition 4063 LLC | Delaware | 100 | |||||
ACG Acquisition 4084 LLC | Delaware | 100 | |||||
ACG Aircraft Leasing Ireland Limited | Ireland | 100 | |||||
ACG International Ltd. | Bermuda | 100 | |||||
ACG Acquisition Ireland V Ltd. | Ireland | 100 | |||||
ACG Acquisition 4658 LLC | Delaware | 100 | |||||
ACG Acquisition 4913 LLC | Delaware | 100 | |||||
ACG Acquisition 4941 LLC | Delaware | 100 | |||||
ACG Acquisition 4942 LLC | Delaware | 100 | |||||
ACG Acquisition 4891 LLC | Delaware | 100 | |||||
ACG Acquisition 5038 LLC | Delaware | 100 | |||||
ACG Acquisition 5063 LLC | Delaware | 100 | |||||
ACG Acquisition 5136 LLC | Delaware | 100 | |||||
ACG Acquisition 38105 LLC | Delaware | 100 | |||||
ACG Acquisition 6584 LLC | Delaware | 100 | |||||
ACG Acquisition 5096 LLC | Delaware | 100 | |||||
ACG Acquisition 5193 LLC | Delaware | 100 | |||||
ACG Acquisition 5278 LLC | Delaware | 100 | |||||
ACG Acquisition 5299 LLC | Delaware | 100 | |||||
ACG Acquisition 6342 LLC | Delaware | 100 | |||||
ACG Acquisition 6734 LLC | Delaware | 100 | |||||
ACG Acquisition 38038 LLC | Delaware | 100 | |||||
ACG Acquisition 39388 LLC | Delaware | 100 | |||||
ACG Acquisition 39389 LLC | Delaware | 100 | |||||
ACG Acquisition 39891 LLC | Delaware | 100 | |||||
ACG Acquisition 40547 LLC | Delaware | 100 | |||||
ACG ECA Ireland Limited | Ireland | 100 | |||||
ACG Bermuda Leasing Limited | Bermuda | 100 | |||||
ACG Acquisition BR 2012-10A LLC | Delaware | 100 | |||||
ACG Acquisition BR 2012-10B LLC | Delaware | 100 | |||||
ACG Acquisition BR 2012-11 LLC | Delaware | 100 | |||||
ACG Acquisition 2688 LLC | Delaware | 100 | |||||
ACG Acquisition 30744 LLC (Aviation Capital Group LLC is the beneficiary of the owner Trust and is the indirect owner of this entity.) | Delaware | 100 | |||||
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ACG Acquisition 38881 LLC | Delaware | 100 | |||||||
ACG Acquisition 5527 LLC | Delaware | 100 | |||||||
ACG Acquisition 5716 LLC | Delaware | 100 | |||||||
ACG Acquisition 40544 LLC | Delaware | 100 | |||||||
ACG Acquisition 299496 LLC | Delaware | 100 | |||||||
ACG Acquisition 5754 LLC | Delaware | 100 | |||||||
ACG Acquisition 5841 LLC | Delaware | 100 | |||||||
San Miguel Leasing Cayman Limited | Cayman Islands | 100 | |||||||
ACG Acquisitions Sweden AB | Sweden | 100 | |||||||
ACG Acquisition 6457 LLC | Delaware | 100 | |||||||
ACG Acquisition 6498 LLC | Delaware | 100 | |||||||
ACG Trust 2004 -1 Holding LLC | Delaware | 100 | |||||||
ACG Funding Trust 2004-1 | Delaware | 100 | |||||||
ACG Trust II Holding LLC | Delaware | 100 | |||||||
Aviation Capital Group Trust II | Delaware | 100 | |||||||
ACG Acquisition XXV LLC | Delaware | 100 | |||||||
ACG Acquisition Ireland II Limited | Ireland | 100 | |||||||
ACG Acquisition (Bermuda) II Ltd. | Bermuda | 100 | |||||||
Boullioun Aviation Services LLC | Delaware | 100 | |||||||
Boullioun Aircraft Holding Company LLC | Delaware | 100 | |||||||
Boullioun Portfolio Finance III LLC | Nevada | 100 | |||||||
ACG III Holding LLC | Delaware | 100 | |||||||
ACG Trust III | Delaware | 100 | |||||||
RAIN I LLC | Delaware | 100 | |||||||
RAIN II LLC | Delaware | 100 | |||||||
RAIN IV LLC | Delaware | 100 | |||||||
RAIN VI LLC | Delaware | 100 | |||||||
RAIN VII LLC | Delaware | 100 | |||||||
RAIN VIII LLC | Delaware | 100 | |||||||
ACG Acquisition 1176 LLC | Delaware | 100 | |||||||
Rainier Aircraft Leasing (Ireland) Limited | Ireland | 100 | |||||||
ACG Acquisition (Bermuda) III Ltd. | Bermuda | 100 | |||||||
ACG 2006-ECA LLC | Delaware | 100 | |||||||
ACG ECA-2006 Ireland Limited | Ireland | 100 | |||||||
Aviation Capital Group Singapore Pte. Ltd. | Singapore | 100 | |||||||
ACG Acquisition 2004-1 Ireland Limited | Ireland | 100 | |||||||
ACG 2004-1 Bermuda Limited | Bermuda | 100 | |||||||
ACG Acquisition 31 LLC | Delaware | 100 | |||||||
ACG Acquisition 37 LLC | Delaware | 100 | |||||||
ACG Acquisition 38 LLC | Delaware | 100 | |||||||
Bellevue Coastal Leasing LLC | Washington | 100 | |||||||
ACG Capital Partners Singapore Pte. Ltd. | Singapore | 100 | |||||||
ACGCPS 2011 Pte. Ltd. | Singapore | 100 | |||||||
ACG Capital Partners Bermuda Limited | Bermuda | 100 | |||||||
ACG Capital Partners Ireland Limited | Ireland | 100 | |||||||
ACG Capital Partners LLC | Delaware | 100 | |||||||
ACG France 6280 S.A.S. | France | 100 | |||||||
ACG France 7392 S.A.S. | France | 100 | |||||||
ACG France 7421 S.A.S. | France | 100 | |||||||
ACG France 8082 S.A.S. | France | 100 | |||||||
ACG France 8354 S.A.S. | France | 100 | |||||||
ACG France 35722 S.A.S. | France | 100 | |||||||
ACG France 35723 S.A.S. | France | 100 | |||||||
ACG Trust 2009-1 Holding LLC | Delaware | 100 | |||||||
ACG Funding Trust 2009-1 | Delaware | 100 | |||||||
ACG Acquisition 29677 LLC | Delaware | 100 | |||||||
Bauhinia Aviation Management Limited | Cayman Islands | 50 | |||||||
Pacific Life & Annuity Services, Inc. | Colorado | 100 | |||||||
Bella Sera Holdings, LLC | Delaware | 100 | |||||||
Pacific Life Re Holdings LLC | Delaware | 100 | |||||||
Pacific Life Re (Australia) Pty Limited | Australia | 100 | |||||||
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Pacific Life Re Holdings Limited | England | 100 | ||||||
Pacific Life Re Services Limited | England | 100 | ||||||
Pacific Life Re Limited | England | 100 | ||||||
UnderwriteMe Limited | England | 100 | ||||||
UnderwriteMe Technology Solutions Limited | England | 100 | ||||||
UnderwriteMe Australia Pty Limited | Australia | 100 | ||||||
Pacific Life Reinsurance (Barbados) Ltd. | Barbados | 100 | ||||||
Pacific Annuity Reinsurance Company | Arizona | 100 | ||||||
___________________________________
# = Abbreviated structure
Item 27. Number of Contractholders
Pacific Select Variable Annuity—Approximately | 4,293 | Qualified | |
6,448 | Non-Qualified |
Item 28. Indemnification
(a) The Distribution Agreement between Pacific Life Insurance Company, Pacific Life & Annuity Company (collectively referred to as “Pacific Life”) and Pacific Select Distributors, LLC (PSD) provides substantially as follows:
Pacific Life shall indemnify and hold harmless PSD and PSD’s officers, directors, agents, controlling persons, employees, subsidiaries and affiliates for all attorneys’ fees, litigation expenses, costs, losses, claims, judgments, settlements, fines, penalties, damages, and liabilities incurred as the direct or indirect result of: (i) negligent, dishonest, fraudulent, unlawful, or criminal acts, statements, or omissions by Pacific Life or its employees, agents, officers, or directors; (ii) Pacific Life’s breach of this Agreement; (iii) Pacific Life’s failure to comply with any statute, rule, or regulation; (iv) a claim or dispute between Pacific Life and a Broker/Dealer (including its Representatives) and/or a Contract owner. Pacific Life shall not be required to indemnify or hold harmless PSD for expenses, losses, claims, damages, or liabilities that result from PSD’s misfeasance, bad faith, negligence, willful misconduct or wrongful act.
PSD shall indemnify and hold harmless Pacific Life and Pacific Life’s officers, directors, agents, controlling persons, employees, subsidiaries and affiliates for all attorneys’ fees, litigation expenses, costs, losses, claims, judgments, settlements, fines, penalties, damages and liabilities incurred as the direct or indirect result of: (i) PSD’s breach of this Agreement; and/or (ii) PSD’s failure to comply with any statute, rule, or regulation. PSD shall not be required to indemnify or hold harmless Pacific Life for expenses, losses, claims, damages, or liabilities that have resulted from Pacific Life’s willful misfeasance, bad
faith, negligence, willful misconduct or wrongful act.
(b) The Form of Selling Agreement between Pacific Life, Pacific Select Distributors, LLC (PSD) and Various Broker-Dealers and
Agency (Selling Entities) provides substantially as follows:
Pacific Life and PSD agree to indemnify and hold harmless Selling Entities, their officers, directors, agents and employees, against any and all losses, claims, damages, or liabilities to which they may become subject under the Securities Act, the Exchange Act, the Investment Company Act of 1940, or other federal or state statutory law or regulation, at common law or otherwise, insofar as such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon any untrue statement or alleged untrue statement of a material fact or any omission or alleged omission to state a material fact required to be stated or necessary to make the statements made not misleading in the registration statement for the Contracts or for the shares of Pacific Select Fund (the “Fund”) filed pursuant to the Securities Act, or any prospectus included as a part thereof, as from time to time amended and supplemented, or in any advertisement or sales literature provided by Pacific Life and PSD.
Selling Entities agree to, jointly and severally, hold harmless and indemnify Pacific Life and PSD and any of their respective affiliates, employees, officers, agents and directors (collectively, “Indemnified Persons”) against any and all claims, liabilities and expenses (including, without limitation, losses occasioned by any rescission of any Contract pursuant to a “free look” provision or by any return of initial purchase payment in connection with an incomplete application), including, without limitation, reasonable attorneys’ fees and expenses and any loss attributable to the investment experience under a Contract, that any Indemnified Person may incur from liabilities resulting or arising out of or based upon (a) any untrue or alleged untrue statement other than statements contained in the registration statement or prospectus relating to any Contract, (b) (i) any inaccurate or misleading, or allegedly inaccurate or misleading sales material used in connection with any marketing or solicitation relating to any Contract, other than sales material provided preprinted by Pacific Life or PSD, and (ii) any use of
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any sales material that either has not been specifically approved in writing by Pacific Life or PSD or that, although previously approved in writing by Pacific Life or PSD, has been disapproved, in writing by either of them, for further use, or (c) any act or omission of a Subagent, director, officer or employee of Selling Entities, including, without limitation, any failure of Selling Entities or any Subagent to be registered as required as a broker/dealer under the 1934 Act, or licensed in accordance with the rules of any applicable SRO or insurance regulator.
(c) Insofar as indemnification for liabilities arising under the Securities Act of 1933 (“Act”) may be permitted to directors, officers or persons controlling Pacific Life pursuant to the foregoing provisions, Pacific Life has been informed 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 29. Principal Underwriters
(a) | PSD also acts as principal underwriter for Pacific Life Insurance Company, on its own behalf and on behalf of its Separate Account I, Separate Account A, Separate Account B, Pacific Select Variable Annuity Separate Account, Pacific Corinthian Variable Separate Account, Pacific Select Exec Separate Account, Pacific COLI Separate Account, Pacific COLI Separate Account II, Pacific COLI Separate Account III, Pacific COLI Separate Account IV, Pacific COLI Separate Account V, Pacific COLI Separate Account VI, Pacific COLI Separate Account X, Pacific COLI Separate Account XI, Pacific Select Separate Account, and Pacific Life & Annuity Company, on its own behalf and on behalf of its Separate Account A, Pacific Select Exec Separate Account, and Separate Account I. |
(b) | For information regarding PSD, reference is made to Form B-D, SEC File No. 8-15264, which is herein incorporated by reference. |
(c) | PSD retains no compensation or net discounts or commissions from the Registrant. |
Item 30. Location of Accounts and Records
The accounts, books and other documents required to be maintained by Registrant pursuant to Section 31(a) of the Investment Company Act of 1940 and the rules under that section will be maintained by Pacific Life at 700 Newport Center Drive, Newport Beach, California 92660.
Item 31. Management Services
Not applicable
Item 32. Undertakings
The registrant hereby undertakes:
(a) to file a post-effective amendment to this registration statement as frequently as is necessary to ensure that the audited financial statements in this registration statement are never more than 16 months old for so long as payments under the variable annuity contracts may be accepted, unless otherwise permitted.
(b) to include either (1) as a part of any application to purchase a contract offered by the prospectus, a space that an applicant can check to request a Statement of Additional Information, or (2) a post card or similar written communication affixed to or included in the prospectus that the applicant can remove to send for a Statement of Additional Information, or (3) to deliver a Statement of Additional Information with the Prospectus.
(c) to deliver any Statement of Additional Information and any financial statements required to be made available under this Form promptly upon written or oral request.
Additional Representations
(a) The Registrant and its Depositor are relying upon American Council of Life Insurance, SEC No-Action Letter, SEC Ref. No. 1P-6-88 (November 28, 1988) with respect to annuity contracts offered as funding vehicles for retirement plans meeting the requirements of Section 403(b) of the Internal Revenue Code, and the provisions of paragraphs (1)-(4) of this letter have been complied with.
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(b) The Registrant and its Depositor are relying upon Rule 6c-7 of the Investment Company Act of 1940 with respect to annuity contracts offered as funding vehicles to participants in the Texas Optional Retirement Program, and the provisions of Paragraphs (a)- (d) of the Rule have been complied with.
(c) REPRESENTATION PURSUANT TO SECTION 26(f) OF THE INVESTMENT COMPANY ACT OF 1940: Pacific Life Insurance Company and Registrant represent that the fees and charges to be deducted under the Variable Annuity Contract (“Contract”) described in the prospectus contained in this registration statement are, in the aggregate, reasonable in relation to the services rendered, the expenses expected to be incurred, and the risks assumed in connection with the Contract.
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SIGNATURES
Pursuant to the requirements of the Securities Act of 1933 and the Investment Company Act of 1940, the Registrant certifies that it meets the requirements of Securities Act Rule 485(b) for effectiveness of this Registration Statement and has caused this Post-Effective Amendment No. 70 to the Registration Statement on Form N-4 to be signed on its behalf by the undersigned thereunto duly authorized in the City of Newport Beach, and the State of California on this 28th day of December, 2018.
PACIFIC SELECT VARIABLE ANNUITY SEPARATE ACCOUNT | ||
(Registrant) | ||
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By: | ||
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By: | ||
Director, Chairman, Chief Executive Officer and President | ||
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By: | ||
(Depositor) | ||
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By: | ||
Director, Chairman, Chief Executive Officer and President | ||
Pursuant to the requirements of the Securities Act of 1933, this Post-Effective Amendment No. 70 to the Registration Statement has been signed below by the following persons in the capacities and on the dates indicated:
Signature | Title | Date | |||
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Director, Chairman, Chief Executive Officer and President | |||||
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Director, Executive Vice President and Chief Operating Officer | |||||
Adrian S. Griggs* | |||||
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Director, Executive Vice President and Chief Financial Officer | |||||
Darryl D. Button* | |||||
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Director, Senior Vice President and General Counsel | |||||
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Vice President and Secretary | |||||
Jane M. Guon* | |||||
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Senior Vice President and Chief Accounting Officer | |||||
Edward R. Byrd* | |||||
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Executive Vice President | |||||
Dewey P. Bushaw* | |||||
| Vice President and Treasurer | ||||
Joseph W. Krum* | |||||
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*By: | |||||
as attorney-in-fact | |||||
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(Powers of Attorney are contained in Post-Effective Amendment No. 67 of the Registration Statement filed on Form N-4 for Separate Account A, File No. 33-32704, Accession No. 0001104659-17-023719 filed on April 17, 2017, as Exhibit 13). |
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| 9/11/08 | 6 | 485BPOS | |||||||
| 7/2/08 | 5 | 10 | |||||||
| 4/24/08 | 8 | 485BPOS | |||||||
| 12/12/07 | 6 | ||||||||
| 4/16/07 | 14 | 17 | |||||||
| 10/19/06 | 6 | ||||||||
| 4/18/06 | 4 | 8 | 485BPOS | ||||||
| 9/1/05 | 8 | ||||||||
| 8/2/05 | 6 | 485APOS | |||||||
| 6/15/05 | 5 | 6 | 485BPOS | ||||||
| 4/19/05 | 9 | 15 | |||||||
| 2/10/05 | 15 | ||||||||
| 10/15/04 | 6 | 485APOS | |||||||
| 2/27/04 | 5 | 6 | 485BPOS, NSAR-U | ||||||
| 4/30/03 | 6 | 8 | 485BPOS | ||||||
| 3/18/03 | 5 | 8 | 485BPOS | ||||||
| 12/18/02 | 4 | 5 | 485BPOS | ||||||
| 4/30/02 | 5 | 485BPOS | |||||||
| 10/25/01 | 5 | 8 | 485APOS | ||||||
| 4/26/01 | 9 | 485BPOS | |||||||
| 4/29/98 | 3 | 8 | 485BPOS | ||||||
| 3/28/96 | 3 | 19 | 485BPOS | ||||||
| List all Filings | |||||||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 4/15/24 Pacific Select Var Ann Sep Ac… Co 485BPOS 5/01/24 4:6.8M Toppan Merrill/FA 4/17/23 Pacific Select Var Ann Sep Ac… Co 485BPOS 5/01/23 3:6.6M Toppan Merrill/FA 4/18/22 Pacific Select Var Ann Sep Ac… Co 485BPOS 5/01/22 3:16M Toppan Merrill/FA 10/20/21 Pacific Select Var Ann Sep Ac… Co 485BPOS 10/20/21 2:597K Toppan Merrill/FA 4/19/21 Pacific Select Var Ann Sep Ac… Co 485BPOS 5/01/21 4:15M Toppan Merrill/FA |