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Separate Acct No 49 of Axa Equitable Life Insurance Co, et al. – ‘485APOS’ on 7/22/14

On:  Tuesday, 7/22/14, at 2:28pm ET   ·   Private-to-Public:  Document/Exhibit  –  Release Delayed   ·   Accession #:  1193125-14-275394   ·   File #s:  333-64749, 811-07659

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  As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

 7/22/14  Sep Acct No 49 of Axa Equitab… Co 485APOS¶               4:317K                                   Donnelley … Solutions/FASeparate Acct No. 49 6 Classes/Contracts

Post-Effective Amendment
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 485APOS     Separate Account No. 49                               43±   197K 
 4: COVER     ¶ Comment-Response or Cover Letter to the SEC         HTML      8K 
 3: EX-99.(10)(B)  Powers of Attorney                               HTML    195K 
 2: EX-99.(9)   Opinion and Consent of Counsel                      HTML     10K 


‘485APOS’   —   Separate Account No. 49
Document Table of Contents

Page (sequential)   (alphabetic) Top
 
11st Page  –  Filing Submission
7Item 24. Financial Statements and Exhibits
21Item 25. Directors and Officers of AXA Equitable
23Item 26. Persons Controlled by or Under Common Control with the Insurance Company or Registrant
24Item 27. Number of Contractowners
"Item 28. Indemnification
"Item 29. Principal Underwriters
25Item 30. Location of Accounts and Records
"Item 31. Management Services
"Item 32. Undertakings
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REGISTRATION NO. 333-64749 REGISTRATION NO. 811-07659 ================================================================================ SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 ----------------- FORM N-4 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 [_] Pre-Effective Amendment No. [_] Post-Effective Amendment No. 67 [X] AND/OR REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940 [_] Amendment No. 332 [X] (Check appropriate box or boxes) ----------------- SEPARATE ACCOUNT NO. 49 OF AXA EQUITABLE LIFE INSURANCE COMPANY (Exact Name of Registrant) ----------------- AXA EQUITABLE LIFE INSURANCE COMPANY (Name of Depositor) 1290 Avenue of the Americas, New York, New York 10104 (Address of Depositor's Principal Executive Offices) Depositor's Telephone Number, including Area Code: (212) 554-1234 ----------------- DODIE KENT VICE PRESIDENT AND ASSOCIATE GENERAL COUNSEL AXA Equitable Life Insurance Company 1290 Avenue of the Americas, New York, New York 10104 (Name and Address of Agent for Service) ----------------- Please send copies of all communications to: CHRISTOPHER E. PALMER, ESQ. Goodwin Procter LLP 901 New York Avenue, N.W. Washington, D.C. 20001 ----------------- Approximate Date of Proposed Public Offering: Continuous. It is proposed that this filing will become effective (check appropriate box): [_]Immediately upon filing pursuant to paragraph (b) of Rule 485 [_]On (date) pursuant to paragraph (b) of Rule 485. [X]60 days after filing pursuant to paragraph (a)(1) of Rule 485. [_]On (date) pursuant to paragraph (a)(1) of Rule 485. If appropriate, check the following box: [_]This post-effective amendment designates a new effective date for previously filed post-effective amendment. Title of Securities Being Registered: Units of interest in Separate Account under variable annuity contracts. ================================================================================
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NOTE This Post-Effective Amendment No. 67 ("PEA") to the Form N-4 Registration Statement No. 333-64749 ("Registration Statement") of AXA Equitable Life Insurance Company ("AXA Equitable") and its Separate Account No. 49 is being filed for the purpose of including in the Registration Statement the additions/modifications reflected in the Lump Sum Payment Option Supplement. Part C has also been updated pursuant to the requirements of Form N-4. The PEA does not amend any other part of the Registration Statement except as specifically noted herein.
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AXA Equitable Life Insurance Company SUPPLEMENT DATED SEPTEMBER __, 2014 TO CURRENT PROSPECTUSES DATED MAY 1, 2014 FOR .. ACCUMULATOR(R) .. ACCUMULATOR(R) ELITE .. ACCUMULATOR(R) PLUS .. ACCUMULATOR(R) SELECT .. ACCUMULATOR(R) SERIES -------------------------------------------------------------------------------- This Supplement updates certain information in the most recent prospectuses and statements of additional information dated May 1, 2014 (collectively the "Prospectus") you received. You should read this Supplement in conjunction with the Prospectus and retain it for future reference. Unless otherwise indicated, all other information included in the Prospectus remains unchanged and the Prospectus is hereby incorporated by reference. The terms and section headings we use in this Supplement have the same meaning as in the Prospectus. We will send you another copy of any prospectus or supplement without charge upon request. Please contact the customer service group referenced in the Prospectus. This Supplement describes a "new" lump sum payment option ("Guaranteed Benefit Lump Sum Payment"), which is currently available under limited circumstances, as an alternative to receiving periodic cash payments over your lifetime under the Guaranteed minimum income benefit option or taking certain guaranteed withdrawals and keeping a guaranteed death benefit under the Guaranteed withdrawal benefit for life option. PLEASE BE ADVISED THAT ELECTING THE GUARANTEED BENEFIT LUMP SUM PAYMENT IS COMPLETELY VOLUNTARY AND YOU ARE NOT REQUIRED TAKE ANY ACTION AT THIS TIME UNDER YOUR CONTRACT. 1. The following is added after the last paragraph under "Guaranteed benefit offers" in "Contracts features and benefits": GUARANTEED BENEFIT LUMP SUM PAYMENT OPTION The Guaranteed Benefit Lump Sum Payment option is currently available under the following limited circumstances. (1)If you elected a Guaranteed minimum income benefit ("GMIB"), and the no-lapse guarantee is in effect and your account value falls to zero, either due to a withdrawal that is not an Excess withdrawal or due to a deduction of charges; or (2)If you elected a Guaranteed withdrawal benefit for life ("GWBL") or elected a GMIB that converted to a GWBL, and your account value falls to zero, either due to a withdrawal or surrender that is not an Excess withdrawal or due to a deduction of charges. We reserve the right to terminate the availability of this option at any time. This option is not available under Rollover TSA contracts. If your account value falls to zero, as described above, we will send you a letter describing the options available to you, including the Guaranteed Benefit Lump Sum Payment option to make your election. You will have no less than 30 days from the day your account value falls to zero to elect an option. If you elect the Guaranteed Benefit Lump Sum Payment option, you will receive the lump sum amount in a single payment. If you elect the Guaranteed Benefit Lump Sum Payment, your contract and optional benefits will terminate. If you do not make an election, we will automatically exercise your GMIB by issuing a supplementary annuity contract using the default option described in your contract. In the case of the GWBL, we will issue you a supplemental life annuity contract and any of the applicable benefits will continue. We will determine the Guaranteed Benefit Lump Sum Payment amount as of the day your account value fell to zero. The amount of a Guaranteed Benefit Lump Sum Payment will vary based on the factors described below. We first determine the contract reserves attributable to your contract using standard actuarial calculations. In general, the contract reserve is the present value of future benefit payments. In determining your contract reserve, we take into account the following factors: . The owner/annuitant's life expectancy (based on gender and age); . The current annual payment in the form of a single life annuity; . The interest rate at the time your account value fell to zero; and . Any remaining guaranteed minimum death benefit under the GWBL feature. The Guaranteed Benefit Lump Sum Payment is calculated based on a percentage of the computed contract reserve. We will use the percentage that is in effect at the time of your election. The percentage will range from 50% to 90% of the contract reserve. If your account value falls to zero, as described above, we will notify you then of the current percentage when we send you the letter describing the options available to you. Your payment will be reduced, as applicable, by any remaining annual payments under a Customized payment plan or Maximum payment plan and any outstanding withdrawal charge. IM-05-14 (7/14) 559253 Catalog No. 153056 (7/14) Accumulator 6, 7, 8, 9 (Inforce) #760037
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In the event your account falls to zero, as described above, you should evaluate this payment option carefully. If you elect the Guaranteed Benefit Lump Sum Payment option, you would no longer have the ability to receive periodic cash payments over your lifetime under the GMIB and/or the opportunity to take certain guaranteed withdrawals and keep any level of guaranteed death benefit under the GWBL. When you purchased your contract you made a determination that the income stream available under the GMIB or the GWBL was important to you based on your personal circumstances. When considering this payment option, you should consider whether you still need the benefits of an ongoing income stream, given your personal and financial circumstances. In addition, you should consider the following factors: . Whether, given your state of health, you believe you are likely to live to enjoy the future income benefits provided by the GMIB or the GWBL; . If you have the GWBL, whether it is important for you to leave a minimum death benefit to your beneficiaries; and . Whether a lump sum payment is more important to you than a future stream of payments. In considering the factors above, and any other factors you believe are relevant, you may wish to consult with your financial professional or other advisor. We believe that offering this payment option could be mutually beneficial to both us and to contract owners whose financial circumstances may have changed since they purchased the contract. If you elect the Guaranteed Benefit Lump Sum Payment option, you would benefit since you would immediately receive a lump sum payment rather than a stream of future payments over your lifetime. We would gain a financial benefit because we anticipate that providing a lump sum payment to you will be less costly to us than paying you periodic cash payments during your lifetime. If you elect the Guaranteed Benefit Lump Sum Payment option it will be treated as a surrender of the contract and may be taxable. For information on tax consequences, please see the section entitled "Tax information" in the Prospectus. This payment option may not be available in all states. We may, in the future, suspend or terminate this payment option, or offer this payment option on more or less favorable terms upon advance notice to you. Accumulator(R) is issued by and is a registered service mark of AXA Equitable Life Insurance Company. Co-distributed by affiliates AXA Advisors, LLC and AXA Distributors, LLC. 1290 Avenue of the Americas, New York, NY 10104. Copyright 2014 AXA Equitable Life Insurance Company. All rights reserved. AXA Equitable Life Insurance Company 1290 Avenue of the Americas, New York, NY 10104 (212) 554-1234
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AXA Equitable Life Insurance Company SUPPLEMENT DATED SEPTEMBER __, 2014 TO CURRENT PROSPECTUSES DATED MAY 1, 2014 FOR .. ACCUMULATOR(R) .. ACCUMULATOR(R) ELITE .. ACCUMULATOR(R) PLUS .. ACCUMULATOR SELECT -------------------------------------------------------------------------------- This Supplement updates certain information in the most recent prospectuses and statements of additional information dated May 1, 2014 (collectively the "Prospectus") you received. You should read this Supplement in conjunction with the Prospectus and retain it for future reference. Unless otherwise indicated, all other information included in the Prospectus remains unchanged and the Prospectus is hereby incorporated by reference. The terms and section headings we use in this Supplement have the same meaning as in the Prospectus. We will send you another copy of any prospectus or supplement without charge upon request. Please contact the customer service group referenced in the Prospectus. This Supplement describes a "new" lump sum payment option ("Guaranteed Benefit Lump Sum Payment"), which is currently available under limited circumstances, as an alternative to receiving periodic cash payments over your lifetime under the Guaranteed minimum income benefit option. PLEASE BE ADVISED THAT ELECTING THE GUARANTEED BENEFIT LUMP SUM PAYMENT IS COMPLETELY VOLUNTARY AND YOU ARE NOT REQUIRED TAKE ANY ACTION AT THIS TIME UNDER YOUR CONTRACT. 1. The following is added after the last paragraph under "Guaranteed benefit offers" in "Contracts features and benefits": GUARANTEED BENEFIT LUMP SUM PAYMENT OPTION The Guaranteed Benefit Lump Sum Payment option is currently available under limited circumstances. It is available to you if you elected a Guaranteed minimum income benefit ("GMIB"), and the no-lapse guarantee is in effect and your account value falls to zero, either due to a withdrawal that is not an Excess withdrawal or due to a deduction of charges. We reserve the right to terminate the availability of this option at any time. This option is not available under Rollover TSA contracts. If your account value falls to zero, as described above, we will send you a letter describing the options available to you, including the Guaranteed Benefit Lump Sum Payment option to make your election. You will have no less than 30 days from the day your account value falls to zero to elect an option. If you elect the Guaranteed Benefit Lump Sum Payment option, you will receive the lump sum amount in a single payment. If you elect the Guaranteed Benefit Lump Sum Payment, your contract and optional benefits will terminate. If you do not make an election, we will automatically exercise your GMIB by issuing a supplementary annuity contract using the default option described in your contract. We will determine the Guaranteed Benefit Lump Sum Payment amount as of the day your account value fell to zero. The amount of a Guaranteed Benefit Lump Sum Payment will vary based on the factors described below. We first determine the contract reserves attributable to your contract using standard actuarial calculations. In general, the contract reserve is the present value of future benefit payments. In determining your contract reserve, we take into account the following factors: . The owner/annuitant's life expectancy (based on gender and age); . The current annual payment in the form of a single life annuity; and . The interest rate at the time your account value fell to zero. The Guaranteed Benefit Lump Sum Payment is calculated based on a percentage of the computed contract reserve. We will use the percentage that is in effect at the time of your election. The percentage will range from 50% to 90% of the contract reserve. If your account value falls to zero, as described above, we will notify you then of the current percentage when we send you the letter describing the options available to you. Your payment will be reduced, as applicable, by any remaining annual payments under a Customized payment plan or Maximum payment plan and any outstanding withdrawal charge. In the event your account falls to zero, as described above, you should evaluate this payment option carefully. If you elect the Guaranteed Benefit Lump Sum Payment option, you would no longer have the ability to receive periodic cash payments over your lifetime under the GMIB. When you purchased your contract you made a determination that the income stream available under the GMIB was important to you based on your personal circumstances. When considering this payment option, you should consider whether you still need the benefits of an ongoing income stream, given your personal and financial circumstances. In addition, you should consider the following factors: . Whether, given your state of health, you believe you are likely to live to enjoy the future income benefits provided by the GMIB; and . Whether a lump sum payment is more important to you than a future stream of payments. IM-06-14 (7/14) 561343 Catalog No. 153057 (7/14) Accumulator '04 (Inforce) #759893
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In considering the factors above, and any other factors you believe are relevant, you may wish to consult with your financial professional or other advisor. We believe that offering this payment option could be mutually beneficial to both us and to contract owners whose financial circumstances may have changed since they purchased the contract. If you elect the Guaranteed Benefit Lump Sum Payment option, you would benefit since you would immediately receive a lump sum payment rather than a stream of future payments over your lifetime. We would gain a financial benefit because we anticipate that providing a lump sum payment to you will be less costly to us than paying you periodic cash payments during your lifetime. If you elect the Guaranteed Benefit Lump Sum Payment option it will be treated as a surrender of the contract and may be taxable. For information on tax consequences, please see the section entitled "Tax information" in the Prospectus. This payment option may not be available in all states. We may, in the future, suspend or terminate this payment option, or offer this payment option on more or less favorable terms upon advance notice to you. Accumulator(R) is issued by and is a registered service mark of AXA Equitable Life Insurance Company. Co-distributed by affiliates AXA Advisors, LLC and AXA Distributors, LLC. 1290 Avenue of the Americas, New York, NY 10104. Copyright 2014 AXA Equitable Life Insurance Company. All rights reserved. AXA Equitable Life Insurance Company 1290 Avenue of the Americas, New York, NY 10104 (212) 554-1234
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PART C OTHER INFORMATION Item 24. Financial Statements and Exhibits. (a) The following Financial Statements are included in Part B of the Registration Statement: The financial statements of AXA Equitable Life Insurance Company and Separate Account No. 49 and the Statement of Additional Information to be filed by Amendment. (b) Exhibits. The following exhibits correspond to those required by paragraph (b) of item 24 as to exhibits in Form N-4: 1. Resolutions of the Board of Directors of Equitable Life Assurance Society of the United States ("Equitable") authorizing the establishment of the Registrant, incorporated herein by reference to exhibit (1) to the Registration Statement No. 333-05593 on June 10, 1996. 2. Not applicable. 3. (a) Distribution Agreement, dated as of January 1, 1998 by and between The Equitable Life Assurance Society of the United States for itself and as depositor on behalf of the Equitable Life separate accounts and Equitable Distributors, Inc., incorporated herein by reference to the Registration Statement filed on Form N-4 (File No. 333-64749) filed on August 5, 2011. (a)(i) First Amendment dated as of January 1, 2001 to the Distribution Agreement dated as of January 1, 1998 between The Equitable Life Assurance Society of the United States for itself and as depositor on behalf of the Equitable Life separate accounts and Equitable Distributors, Inc., incorporated herein by reference to the Registration Statement filed on Form N-4 (File No. 333-127445) filed on August 11, 2005. (a)(ii) Second Amendment dated as of January 1, 2012 to the Distribution Agreement dated as of January 1, 1998 between AXA Equitable Life Insurance Company and AXA Distributors LLC incorporated herein by reference to the Registration Statement filed on Form N-4 (File No. 333-05593) filed on April 24, 2012. (b) Distribution Agreement for services by The Equitable Life Assurance Society of the United States to AXA Network, LLC and its subsidiaries dated January 1, 2000 previously filed with this Registration Statement (File No. 333-64749) on April 19, 2001. (c) Transition Agreement for services by AXA Network, LLC and its subsidiaries to The Equitable Life Assurance Society of the United States dated January 1, 2000 previously filed with this Registration Statement (File No. 333-64749) on April 19, 2001. (d) General Agent Sales Agreement dated January 1, 2000, between The Equitable Life Assurance Society of the United States and AXA Network, LLC and its subsidiaries, previously filed with Registration Statement (File No. 2-30070) on April 19, 2004, and incorporated herein by reference. (d)(i) First Amendment dated as of January 1, 2003 to General Agent Sales Agreement dated January 1, 2000, between The Equitable Life Assurance Society of the United States and AXA Network, LLC and its subsidiaries, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-05593) on April 24, 2012. (d)(ii) Second Amendment dated as of January 1, 2004 to General Agent Sales Agreement dated January 1, 2000, between The Equitable Life Assurance Society of the United States and AXA Network, LLC and its subsidiaries incorporated herein by reference to Registration Statement on Form N-4 (File No.333-05593) on April 24, 2012. (d)(iii) Third Amendment dated as of July 19, 2004 to General Agent Sales Agreement dated as of January 1, 2000 by and between The Equitable Life Assurance Society of the United States and AXA Network, LLC and its subsidiaries incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-127445), filed on August 11, 2005.
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(d)(iv) Fourth Amendment dated as of November 1, 2004 to General Agent Sales Agreement dated as of January 1, 2000 by and between The Equitable Life Assurance Society of the United States and AXA Network, LLC and its subsidiaries incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-127445), filed on August 11, 2005. (d)(v) Fifth Amendment dated as of November 1, 2006, to General Agent Sales Agreement dated as of January 1, 2000 by and between The Equitable Life Assurance Society of the United States and AXA Network, LLC and its subsidiaries incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-05593), filed on April 24, 2012. (d)(vi) Sixth Amendment dated as of February 15, 2008, to General Agent Sales Agreement dated as of January 1, 2000 by and between AXA Equitable Life Insurance Company (formerly known as The Equitable Life Assurance Society of the United States) and AXA Network, LLC and its subsidiaries, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-05593), filed on April 24, 2012. (d)(vii) Seventh Amendment dated as of February 15, 2008, to General Agent Sales Agreement dated as of January 1, 2000 by and between AXA Equitable Life Insurance Company (formerly known as The Equitable Life Assurance Society of the United States) and AXA Network, LLC and its subsidiaries, incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) to Exhibit 3(r), filed on April 20, 2009. (d)(viii) Eighth Amendment dated as of November 1, 2008, to General Agent Sales Agreement dated as of January 1, 2000 by and between AXA Equitable Life Insurance Company (formerly known as The Equitable Life Assurance Society of the United States) and AXA Network, LLC and its subsidiaries, incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) to Exhibit 3(s), filed on April 20, 2009. (d)(ix) Ninth Amendment dated as of November 1, 2011 to General Agent Sales Agreement dated as of January 1, 2000 by and between AXA Life Insurance Company (formerly known as The Equitable Life Assurance Society of the United States) and AXA Network, LLC and its subsidiaries incorporated herein by reference to the Registration Statement filed on Form N-4 (File No. 333-05593) filed on April 24, 2012. (e) Form of Brokerage General Agent Sales Agreement with Schedule and Amendment to Brokerage General Agent Sales Agreement among [Brokerage General Agent] and AXA Distributors, LLC, AXA Distributors Insurance Agency, LLC, AXA Distributors Insurance Agency of Alabama, LLC, and AXA Distributors Insurance Agency of Massachusetts, LLC, incorporated herein by reference to Exhibit No. 3.(i) to Registration Statement (File No. 333-05593) on Form N-4, filed on April 20, 2005. (f) Form of Wholesale Broker-Dealer Supervisory and Sales Agreement among [Broker-Dealer] and AXA Distributors, LLC, incorporated herein by reference to Exhibit No. 3.(j) to Registration Statement (File No. 333-05593) on Form N-4, filed on April 20, 2005. C-2
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4. (a) Form of group annuity contract no. 1050-94IC, incorporated herein by reference to Exhibit 4(a) to the Registration Statement on Form N-4 (File No. 33-83750), filed February 27, 1998. (b) Forms of group annuity certificate nos. 94ICA and 94ICB, incorporated herein by reference to Exhibit 4(b) to the Registration Statement on Form N-4 (File No. 33-83750), filed February 27, 1998. (c) Forms of data pages for Accumulator-IRA and Accumulator-NQ, incorporated herein by reference to Exhibit 4(m) to Registration Statement No. 333-05593 filed December 31, 1997. C-3
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(d) Forms of endorsement nos. 94ENIRAI, 94ENNQI and 94ENMVAI to contract no. 1050-94IC and data pages nos. 94ICA/BIM and 94ICA/BMVA, incorporated herein by reference to Exhibit 4(c) to the Registration Statement on Form N-4 (File No. 33-83750), filed February 27, 1998. (e) Form of Guaranteed Minimum Income Benefit Endorsement to Contract Form No. 10-50-94IC and the Certificates under the Contract, incorporated herein by reference to Exhibit 4(h) to the Registration Statement on Form N-4 (File No. 33-83750), filed April 23, 1996. (f) Form of endorsement No. 98ENJONQI to Contract Form No. 1050-94IC and the Certificates under the Contract, incorporated herein by reference to Exhibit 4(n) to Registration Statement No. 333-05593 filed December 31, 1997. (g) Form of endorsement No. 98Roth to Contract Form No. 1050-94IC and the Certificates under the Contract, incorporated herein by reference to Exhibit 4(o) to Registration Statement No. 333-05593 filed December 31, 1997. (h) Form of Custodial Owned Roth IRA endorsement no. 98COROTH to Contract No. 1050-94IC, incorporated herein by reference to Exhibit 4(p) to Registration Statement No. 333-05593, filed May 1, 1998. (i) Form of Defined Benefit endorsement no. 98ENDBQPI to Contract No. 1050-94IC, incorporated herein by reference to Exhibit 4(j) to the Registration Statement on Form N-4 (File No. 333-31131), filed May 1, 1998. (j) Form of endorsement for Extra Credit Annuity No. 98ECENDI and Data Pages 94ICA/B, previously filed with this Registration Statement File No. 333-64749 on September 30, 1998. (k) Form of endorsement applicable to Defined Contribution Qualified Plan Certificates No. 97ENQPI and Data Pages 94ICA/B, previously filed with this Registration Statement File No. 333-64749 on September 30, 1998. (l) Form of data pages for Equitable Accumulator plus TSA, previously filed with this Registration Statement, File No. 333-64749 on Form N-4, filed on December 28, 1999. (m) Form of Endorsement applicable to TSA Certificates, incorporated by reference to Exhibit No. 4(t) to Registration Statement File No. 333-05593 on Form N-4, filed May 22, 1998. (n) Form of endorsement for Beneficiary Continuation Option Form No. 2000 ENIRAI-IM, applicable to IRA Certificates, previously filed with this Registration Statement File No. 333-05593 on April 25, 2000. (o) Form of Endorsement applicable to Roth IRA Contracts, Form No. 1M-ROTHBCO-1 previously filed with this Registration Statement File No. 333-64749 on April 25, 2001. (p) Revised Form of Endorsement applicable to IRA certificates, Form No. 2000ENIRAI-IM previously filed with this Registration Statement File No. 333-64749 on April 25, 2001. (q) Form of Endorsement applicable to Non-Qualified Certificates Form No. 99ENNQ-G previously filed with this Registration Statement File No. 333-64749 on April 25, 2001. (r) Form of Endorsement applicable to credits applied to annuity account value previously filed with this Registration Statement File No. 333-64749 on April 25, 2001. (s) Form of Optional Death Benefit Rider, Form No. 2000 PPDB previously filed with this Registration Statement File No. 333-64749 on April 25, 2001. (t) Form of data pages for Equitable Accumulator Plus Rollover IRA (revised), Roth Conversion IRA, NQ (revised), QP-Defined Contribution, QP-Defined Benefit, TSA (revised) previously filed with this Registration Statement File No. 333-64749 on April 25, 2001. C-4
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(u) Form of amendment to Certificate Form No. 941CB, Form No. 2000 BENE-G previously filed with this Registration Statement File No. 333-64749 on April 25, 2001. (v) Form of Endorsement (No. 2001 ENJONQ) applicable to Non-Qualified Certificates previously filed with this Registration Statement File No. 333-64749 on April 25, 2001. (w) Form of Data Pages for Accumulator Plus, Form No. 94ICA/B, previously filed with this Registration Statement File No. 333-64749 on December 20, 2001. (x) Form of Data Pages, Form No. 94ICA/B, previously filed with this Registration Statement File No. 333-64749 on December 20, 2001. (y) Form of Endorsement applicable to Fixed Maturity Options, Form No. 2002FMO, previously filed with this Registration Statement File No. 333-64749 on December 20, 2001. (z) Form of Optional Death Benefit Rider, Form No. 2002PPDB, previously filed with this Registration Statement File No. 333-64749 on December 20, 2001. (a)(a) Form of Guaranteed Minimum Income Benefit Rider, Form No. 2002GMIB, previously filed with this Registration Statement File No. 333-64749 on December 20, 2001. (b)(b) Form of Guaranteed Minimum Death Benefit Rider, Form No. 2002GMDB-6% or AR, previously filed with this Registration Statement File No. 333-64749 on December 20, 2001. (c)(c) Form of Guaranteed Minimum Death Benefit Rider, Form No. 2002GMDB-6% Rollup, previously filed with this Registration Statement File No. 333-64749 on December 20, 2001. (d)(d) Form of Guaranteed Death Benefit Rider, Form No. 2002GMDB-AR, previously filed with this Registration Statement File No. 333-64749 on December 20, 2001. (e)(e) Form of Data Page for Accumulator Plus, Form No. 2002DPPPlus previously filed with this Registration Statement (File No. 333-64749), on March 8, 2002. (f)(f) Form of Data Pages, Form No. 2002DP incorporated herein by reference to Exhibit 4(j)(j) to the Registration Statement (File No. 333-31131), filed March 8, 2002. (g)(g) Form of Endorsement for Accumulator Form No. 2002EGTRRA incorporated herein by reference to Exhibit 4(k)(k) to the Registration Statement (File No. 333-31131), filed March 8, 2002. (h)(h) Form of Endorsement applicable to fixed maturity options, Form No. 2002FMO incorporated herein by reference to Exhibit 4(m)(m) to the Registration Statement (File No. 333-31131), filed March 8, 2002. (i)(i) Form of Protection Plus Optional Death Benefit Rider, Form No. 2002PPDB incorporated herein by reference to Exhibit 4(n)(n) to the Registration Statement (File No. 333-31131), filed March 8, 2002. (j)(j) Form of Guaranteed Minimum Death Benefit Rider, Form No. 2002MDB-6% or AR Rollup incorporated herein by reference to Exhibit 4(o)(o) to the Registration Statement (File No. 333-31131), filed March 8, 2002. (k)(k) Form of Guaranteed Minimum Death Benefit Rider, Form No. 2002GMDB-6%Rollup, incorporated herein by reference to Exhibit No. 4(p)(p) to the Registration Statement (File No. 333-31131), filed March 8, 2002. (l)(l) Form of Guaranteed Minimum Death Benefit Rider, Form No. 2002GMDB-AR, incorporated herein by reference to Exhibit 4(q)(q) to the Registration Statement (File No. 333-31131), filed March 8, 2002. (m)(m) Form of Guaranteed Minimum Death Benefit Rider, Form No. 2002GMIB-6%Rollup, incorporated herein by reference to Exhibit 4(r)(r) to the Registration Statement (File No. 333-31131), filed March 8, 2002. (n)(n) Form of Guaranteed Minimum Death Benefit Rider, Form No. 2002GMIB, incorporated herein by reference to Exhibit 4(s)(s) to the C-5
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Registration Statement (File No. 333-31131), filed March 8, 2002. (o)(o) Form of Endorsement (No. 2002 NQBCO) applicable to non-qualified contract/certificates with beneficiary continuation option, incorporated herein by reference to Exhibit No. 4(a)(c) to the Registration Statement (File No. 333-05593) filed on April 23, 2003. (p)(p) Form of Guaranteed Minimum Death Benefit Rider (No. 2002 GMDB-6% Rollup), annual ratchet to age 85, incorporated herein by reference to Exhibit No. 4(a)(d) to the Registration Statement (File No. 333-05593) filed on April 23, 2003. (q)(q) Form of Guaranteed Minimum Death Benefit Rider (No. 2002 GMDB-6% Rollup), [6%] Rollup to age 85, incorporated herein by reference to Exhibit No. 4(a)(e) to the Registration Statement (File No. 333-05593) filed on April 23, 2003. (r)(r) Form of Guaranteed Minimum Death Benefit Rider (No. 2002 GMDB-6% or AR) greater of [6%] Rollup to Age [85] GMDB or Annual Ratchet to age [85] GMDB, incorporated herein by reference to Exhibit No. 4(a)(f) to the Registration Statement (File No. 333-05593) filed on April 23, 2003. (s)(s) Form of Guaranteed Minimum Income Benefit Rider (also known as the Living Benefit), (No. 2002 GMIB), incorporated herein by reference to Exhibit No. 4(a)(g) to the Registration Statement (File No. 333-05593) filed on April 23, 2003. (t)(t) Form of Protection Plus Optional Death Benefit Rider (No. 2002 PPDB), incorporated herein by reference to Exhibit No. 4(a)(h) to the Registration Statement (File No. 333-05593) filed on April 23, 2003. (u)(u) Form of Guaranteed Minimum Death Benefit ("GMDB") Rider (No. 2003 GMDB-RUorAR) Greater of [5%] Rollup to age [85] GMDB or Annual Ratchet to Age [85] GMDB, incorporated herein by reference to Exhibit 4(a)(i) to the Registration Statement (File No. 333-05593) filed on May 8, 2003. (v)(v) Form of Guaranteed Minimum Death Benefit ("GMDB") Rider (No. 2003 GMDB-AR) Annual Ratchet to Age [85], incorporated herein by reference to Exhibit 4(a)(j) to the Registration Statement (File No. 333-05593) filed on May 8, 2003. (w)(w) Form of Guaranteed Minimum Income Benefit ("GMIB") Rider (No. 2003 GMIB) (also known as the Living Benefit), incorporated herein by reference to Exhibit 4(a)(k) to the Registration Statement (File No. 333-05593) filed on May 8, 2003. (x)(x) Form of Protection Plus Optional Death Benefit Rider (No. 2003PPDB), incorporated herein by reference to Exhibit 4(a)(l) to the Registration Statement (File No. 333-05593) filed on May 8, 2003. (y)(y) Form of Enhanced Guaranteed Principal Benefit ("Enhanced GPB") Rider (No. 2003 GPB), incorporated herein by reference to Exhibit 4(a)(m) to the Registration Statement (File No. 333-05593) filed on May 8, 2003. (z)(z) Form of Spousal Protection Rider applicable to [Non-Qualified][Certificate/Contract]s (No. 2003 SPPRO), incorporated herein by reference to Exhibit 4(a)(n) to the Registration Statement (File No. 333-05593) filed on May 8, 2003. (a)(a)(a) Form of Data Pages (No. 2003 DPTOBCO), incorporated herein by reference to Exhibit 4(a)(o) to the Registration Statement (File No. 333-05593) filed on May 8, 2003. (b)(b)(b) Form of Data Pages (No. 2003DP), incorporated herein by reference to Exhibit 4(a)(p) to the Registration Statement (File No. 333-05593) filed on May 8, 2003. (c)(c)(c) Form of Data Pages (No. 2003DPPlus) previously filed with this Registration Statement File No. 333-64749 filed on May 8, 2003. (d)(d)(d) Form of Guaranteed Withdrawal Benefit ("GWB") Rider (No. 2004 GWB-A), incorporated by reference to Exhibit No. 4(a)(r) to Registration Statement File No. 333-05593, filed May 3, 2004. C-6
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(e)(e)(e) Form of Guaranteed Withdrawal Benefit ("GWB") Rider (No. 2004 GWB-B), incorporated by reference to Exhibit No. 4(a)(s) to Registration Statement File No. 333-05593, filed May 3, 2004. (f)(f)(f) Form of Data Pages (2004DPGWB), incorporated by reference to Exhibit No. 4(a)(t) to Registration Statement File No. 333-05593, filed May 3, 2004. (g)(g)(g) Form of Guaranteed Withdrawal Benefit ("GWB") Rider [also known as "Principal Protector"] (2004GWB-A (rev 2/05)) incorporated herein by reference to Exhibit 4(a)(u) to Registration Statement (File No. 333-05593) on Form N-4, filed April 20, 2005. (h)(h)(h) Form of Guaranteed Withdrawal Benefit ("GWB") Rider [also known as "Principal Protector"] (2004GWB-B (rev 2/05)) incorporated herein by reference to Exhibit 4(a)(v) to Registration Statement (File No. 333-05593) on Form N-4, filed April 20, 2005. (i)(i)(i) Form of Guaranteed Withdrawal Benefit ("GWB") Rider [also known as "Principal Protector"] (2004GWB-A1 (rev 2/05)) incorporated herein by reference to Exhibit 4(a)(w) to Registration Statement (File No. 333-05593) on Form N-4, filed April 20, 2005. (j)(j)(j) Form of Guaranteed Withdrawal Benefit ("GWB") Rider [also known as "Principal Protector"] (2004GWB-B1 (rev 2/05)) incorporated herein by reference to Exhibit 4(a)(x) to Registration Statement (File No. 333-05593) on Form N-4, filed April 20, 2005. (k)(k)(k) Form of Change of Ownership Endorsement (2004COO), incorporated herein by reference to Exhibit 4(a)(y) to Registration Statement (File No. 333-05593) on Form N-4, filed April 20, 2005. (l)(l)(l) Form of Endorsement Applicable to TSA Contracts (2004TSA) incorporated herein by reference to Exhibit 4(a)(z) to Registration Statement (File No. 333-05593) on Form N-4, filed April 20, 2005. (m)(m)(m) Form of Guaranteed Minimum Income Benefit ("GMIB") Rider (No. 2003 GMIB revised 11/05 NLG) (also known as the Living Benefit) incorporated herein by reference to Exhibit 4.(a)(a)(a) to Registration Statement File No. 333-05593 on Form N-4, filed on October 14, 2005. (n)(n)(n) Form of Guaranteed Minimum Income Benefit ("GMIB") Rider (No. 2003 GMIB revised 11/05 OPR) (also known as the Living Benefit) incorporated herein by reference to Exhibit 4.(b)(b)(b) to Registration Statement File No. 333-05593 on Form N-4, filed on October 14, 2005. (o)(o)(o) Form of Guaranteed Minimum Death Benefit ("GMDB") Rider (No. 2003 GMDB revised 11/05 OPR) (Greater of 6% Roll up to Age 85 GMDB or Annual Ratchet to Age 85 GMDB) incorporated herein by reference to Exhibit 4.(c)(c)(c) to Registration Statement File No. 333-05593 on Form N-4, filed on October 14, 2005. (p)(p)(p) Form of endorsement, No. 2005TRBNS, previously filed with this Registration Statement File No. 333-64749 on April 20, 2006. (q)(q)(q) Form of flexible premium deferred fixed and variable annuity contract No. 2006BASE-I-B, incorporated herein by reference to Exhibit 4. (d)(d)(d) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (r)(r)(r) Form of flexible premium deferred fixed and variable annuity contract No. 2006BASE-I-A, incorporated herein by reference to Exhibit 4. (e)(e)(e) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (s)(s)(s) Form of Data Page No. 2006GWB DP, incorporated herein by reference to Exhibit 4. (f)(f)(f) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (t)(t)(t) Form of Data Page No. 2006DP, incorporated herein by reference to Exhibit 4. (g)(g)(g) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (u)(u)(u) Form of Endorsement No. 2006TSA-GWB, incorporated herein by reference to Exhibit 4. (i)(i)(i) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (v)(v)(v) Form of Endorsement No. 2006CRT, incorporated C-7
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herein by reference to Exhibit 4. (j)(j)(j) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (w)(w)(w) Form of Endorsement No. 2006FMO, incorporated herein by reference to Exhibit 4. (k)(k)(k) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (x)(x)(x) Form of Endorsement No. 2006IRA-ACC, incorporated herein by reference to Exhibit 4. (l)(l)(l) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (y)(y)(y) Form of Endorsement No. 2006IRA-GWB, incorporated herein by reference to Exhibit 4. (m)(m)(m) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (z)(z)(z) Form of Endorsement No. 2006NQ-ACC, incorporated herein by reference to Exhibit 4. (n)(n)(n) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (a)(a)(b) Form of Endorsement No. 2006NQ-GWB, incorporated herein by reference to Exhibit 4. (o)(o)(o) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (a)(a)(c) Form of Endorsement No. 2006QP-ACC, incorporated herein by reference to Exhibit 4. (p)(p)(p) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (a)(a)(d) Form of Endorsement No. 2006QP-GWB, incorporated herein by reference to Exhibit 4. (q)(q)(q) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (a)(a)(e) Form of Endorsement No. 2006ROTH-ACC, incorporated herein by reference to Exhibit 4. (r)(r)(r) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (a)(a)(f) Form of Endorsement No. 2006ROTH-GWB, incorporated herein by reference to Exhibit 4. (s)(s)(s) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (a)(a)(g) Form of Endorsement No. 2006TSA-ACC, incorporated herein by reference to Exhibit 4. (t)(t)(t) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (a)(a)(h) Form of Rider No. 2006GWB, incorporated herein by reference to Exhibit 4. (w)(w)(w) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (a)(a)(i) Form of Rider No. 2006EEB, incorporated herein by reference to Exhibit 4. (x)(x)(x) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (a)(a)(j) Form of Rider No. 2006GMAB, incorporated herein by reference to Exhibit 4. (y)(y)(y) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (a)(a)(k) Form of Rider No. 2006GMDB-AR, incorporated herein by reference to Exhibit 4. (z)(z)(z) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (a)(a)(l) Form of Rider No. 2006GMDB-GR, incorporated herein by reference to Exhibit 4. (a)(a)(b) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (a)(a)(m) Form of Rider No. 2006GMDBOPR, incorporated herein by reference to Exhibit 4. (a)(a)(c) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (a)(a)(n) Form of Rider No. 2006GMIB, incorporated herein by reference to Exhibit 4. (a)(a)(d) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (a)(a)(o) Form of Rider No. 2006GMIBOPR, incorporated herein by reference to Exhibit 4. (a)(a)(e) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (a)(a)(p) Form of Data Page No. 2006DPPlus, previously filed with this Registration Statement File No. 333-64749, filed June 15, 2006. (a)(a)(q) Form of Endorsement No. 2006TRBNS, previously filed with this Registration Statement File No. 333-64749, filed June 15, 2006. (a)(a)(r) Form of Contract for Individual Fixed and Variable Annuity (2007DPPlus). Filed with this Registration Statement File No. 333-64749 on May 15, 2007. (a)(a)(s) Form of Endorsement for Individual Fixed and C-8
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Variable Annuity (2007MMDCA). Filed with this Registration Statement File No. 333-64749 on May 15, 2007. (a)(a)(t) Form of Data Page for Individual Fixed and Variable Annuity (2007DP), incorporated herein by reference to Exhibit 4 (a)(a)(g) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (a)(a)(u) Form of Data Page for Individual Fixed and Variable Annuity (2007GWBL DP), incorporated herein by reference to Exhibit 4(a)(a)(h) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (a)(a)(v) Form of Data Page for Individual Fixed and Variable Annuity (2007DPTOBCO), incorporated herein by reference to Exhibit 4(a)(a)(i) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (a)(a)(w) Form of Rider for Individual Fixed and Variable Annuity (2007GMIB), incorporated herein by reference to Exhibit 4(a)(a)(n) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (a)(a)(x) Form of Rider for Individual Fixed and Variable Annuity (2007GMIBOPR), incorporated herein by reference to Exhibit 4(a)(a)(o) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (a)(a)(y) Form of Rider for Individual Fixed and Variable Annuity (2007GMIBOPR-R), incorporated herein by reference to Exhibit 4(a)(a)(p) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (a)(a)(z) Form of Rider for Individual Fixed and Variable Annuity (2007GMDB-GR-6), incorporated herein by reference to Exhibit 4(a)(a)(q) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (a)(b)(a) Form of Rider for Individual Fixed and Variable Annuity (2007GMDB-GR-3), incorporated herein by reference to Exhibit 4(a)(a)(r) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (a)(b)(c) Form of Rider for Individual Fixed and Variable Annuity (2007GMDBOPR), incorporated herein by reference to Exhibit 4(a)(a)(s) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (a)(b)(d) Form of Rider for Individual Fixed and Variable Annuity (2007GMDB-AR), incorporated herein by reference to Exhibit 4(a)(a)(t) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (a)(b)(e) Form of Rider for Individual Fixed and Variable Annuity (2006GWB - rev 5-07 NQ), incorporated herein by reference to Exhibit 4 (a)(a)(u) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (a)(b)(f) Form of Endorsement for Individual Fixed and Variable Annuity (2007DB-ACC), incorporated herein by reference to Exhibit 4(a)(a)(v) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (a)(b)(g) Form of Endorsement for Individual Fixed and Variable Annuity (2007DB-GWB), incorporated herein by reference to Exhibit 4(a)(a)(w) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (a)(b)(h) Form of Endorsement for Individual Fixed and Variable Annuity (2007NQ-ACC), incorporated herein by reference to Exhibit 4(a)(a)(x) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (a)(b)(i) Form of Endorsement for Individual Fixed and Variable Annuity (2007NQ-GWB), incorporated herein by reference to Exhibit 4(a)(a)(y) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (a)(b)(j) Form of Endorsement for Individual Fixed and Variable Annuity (2006IRA-ACC-rev 5-07), incorporated herein by reference to Exhibit 4(a)(a)(z) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (a)(b)(k) Form of Endorsement for Individual Fixed and Variable Annuity (2006IRA-GWB - rev 5-07), incorporated herein by reference to Exhibit 4(a)(b)(a) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (a)(b)(l) Form of Endorsement for Individual Fixed and Variable Annuity (2006ROTH-ACC - rev 5-07), C-9
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incorporated herein by reference to Exhibit 4(a)(b)(b) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (a)(b)(m) Form of Endorsement for Individual Fixed and Variable Annuity (2006ROTH-GWB - rev 5-07), incorporated herein by reference to Exhibit 4(a)(b)(c) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (a)(b)(n) Form of Endorsement for Individual Fixed and Variable Annuity (2007COO), incorporated herein by reference to Exhibit 4(a)(b)(e) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (a)(b)(o) Form of Endorsement for Individual Fixed and Variable Annuity (2007PREDB), incorporated herein by reference to Exhibit 4(a)(b)(f) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (a)(b)(p) Form of Guaranteed Withdrawal Benefit (("GWB")(rev0208)) is incorporated herein by reference to Exhibit 4.(a)(b)(g) to the Registration Statement (File No. 333-05593) filed on October 15, 2007. (a)(b)(q) Form of Date Page Rider for Individual Fixed and Variable Annuity (2007GWBL DP (rev (0208)) is incorporated herein by reference to Exhibit 4.(a)(b)(h) to the Registration Statement (File No. 333-05593) filed on April 23, 2008. (a)(b)(r) Form of Guaranteed Withdrawal Benefit for Life ("GWBL") Rider (No. 2008GWBL), previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (a)(b)(s) Form of Memorandum of Variable Material for Rider Form Nos. 2008GWBL and 2008GMIB and Endorsement 2008ADOPT, previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (a)(b)(t) Form of Data Pages (No. 2008DP), previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (a)(b)(u) Form of Endorsement Applicable to the Right to Add an Optional Guaranteed Withdrawal Benefit for Life ("GWBL") or Guaranteed Minimum Income Benefit ("GMIB") Rider (No. 2008ADOPT), previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (a)(b)(v) Form of Guaranteed Minimum Death Benefit Rider w/ Optional Reset (GMBD) (No. 2008GMDBOPR). Previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (a)(b)(w) Form of Guaranteed Minimum Death Benefit Rider (GMDB) (No. 2008GMDBSA), previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (a)(b)(x) Form of Guaranteed Minimum Income Benefit ("GMIB") Rider with Optional Reset of [6% / 6.5%] Roll Up to Age [85] GMIB Benefit Base and Guaranteed Withdrawal Benefit for Life Conversion Benefit (No. 2008GMIB), previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (a)(b)(y) Form of Endorsement Applicable to Credits Applied to Annuity Account Value (No. 2008TRBNS), previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (a)(b)(z) Form of Endorsement Applicable to the Deferment Provision (No. 2008DEFER), previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (a)(c)(a) Form of Endorsement Applicable to IRA Contracts (No. 2008IRA-ACC), previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (a)(c)(b) Form of Endorsement Applicable to Custodial Contracts (No. 2008IRA-CSTDL-NS), previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (a)(c)(c) Form of Endorsement Applicable to IRA Contracts (No. 2008IRA-GWB), previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (a)(c)(d) Form of Endorsement Applicable to ROTH-IRA Contracts (No. 2008ROTH-ACC), previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. C-10
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(a)(c)(e) Form of Endorsement Applicable to ROTH-IRA Contracts (No. 2008ROTH-GWB), previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (a)(c)(f) Form of Endorsement Applicable to SEP-IRA Contracts (No. 2008SEPIRA-ACC), previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (a)(c)(g) Form of Endorsement Applicable to SEP-IRA Contracts (No. 2008SEPIRA-GWB), previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (a)(c)(h) Form of Endorsement Applicable to Simple IRA Contracts (No. 2008SIMIRA-ACC), previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (a)(c)(i) Form of Endorsement Applicable to Simple IRA Contracts (No. 2008SIMIRA-GWB), previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (a)(c)(j) Form of Non-Spousal Beneficiary Continuation Option (BCO) Tax-Qualified Retirement Plan Funds Direct Rollover to Traditional IRA Endorsement (No. 2008TQNSBCO), previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (a)(c)(k) Form for use with Certificate Form No. 2006BASEA/2006BASEB or Contract Form No. 2006BASE-I-A/2006BASE-I-B (Depending on Jurisdiction) Marketed as AXA Equitable's "Accumulator Series 08" ("Accumulator", "Accumulator Select", "Accumulator Plus" and "Accumulator Elite", previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (a)(c)(l) Form of Data Pages (No. 2008DPPlus), previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (a)(c)(m) Form of Revised Guaranteed Minimum Income Benefit ("GMIB") Rider (also known as the Living Benefit) JS06 GMIB1, previously filed with this Registration Statement File No. 333-64749 on April 23, 2009. (a)(c)(n) Form of Revised Guaranteed Minimum Income Benefit ("GMIB") Rider (also known as the Living Benefit) AND Guaranteed Minimum Death Benefit ("GMDB") Rider JS06 GMIB2, previously filed with this Registration Statement File No. 333-64749 on May 13, 2009. (a)(c)(o) Form of Endorsement Applicable to the Right to Add an Optional Guaranteed Minimum Income Benefit ("GMIB") Rider, Form No. 2009ADOPT, previously filed with this Registration Statement File No. 333-64749 on May 13, 2009. (a)(c)(p) Form of Endorsement Applicable to Investment Options, Form No. 2009GOA, previously filed with this Registration Statement File No. 333-64749 on May 13, 2009. (a)(c)(q) Form of Endorsement Applicable to Special Money Market Dollar Cost Averaging, Form No. 2009MMSDCA, filed with this Registration Statement File No. 333-64749 on May 13, 2009. (a)(c)(r) Form of Endorsement Applicable to GWBL Maturity Date Annuity Benefit, Form No. 2009GWBLMD, previously filed with this Registration Statement File No. 333-64749 on May 13, 2009. (a)(c)(s) Form of Endorsement Applicable to Section 6.02, "Payment Upon Death", Form No. 2009DBENDO, previously filed with this Registration Statement File No. 333-64749 on May 13, 2009. (a)(c)(t) Form of Guaranteed Minimum Death Benefit ("GMDB") Rider Annual Ratchet to Age [85], Form No. 2009GMDBAR, previously filed with this Registration Statement File No. 333-64749 on May 13, 2009. (a)(c)(u) Form of Guaranteed Minimum Death Benefit Rider, Form No. 2009GMDBOPR, previously filed with this Registration Statement File No. 333-64749 on May 13, 2009. (a)(c)(v) Form of Guaranteed Minimum Income Benefit ("GMIB") Rider with Optional Reset of [5%] Roll Up to Age [85] GMIB Benefit Base and Guaranteed Withdrawal Benefit for Life Conversion Benefit, Form No. 2009GMIB, previously filed with this Registration Statement File No. 333-64749 on May 13, 2009. (a)(c)(w) Form of Data Pages, Form No. 2009DPPLUS, C-11
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previously filed with this Registration Statement File No. 333-64749 on May 13, 2009. (a)(c)(x) Form of Data Pages, Form No. 2009DPWVR, previously filed with this Registration Statement File No. 333-64749 on May 13, 2009. (a)(c)(y) Form of Data Pages, Form No. 2009DP, previously filed with this Registration Statement File No. 333-64749 on May 13, 2009. (a)(c)(z) Form of Endorsement Applicable to Traditional IRA Contracts (ICC11IRA1), previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (a)(d)(a) Form of Endorsement Applicable to Qualified Defined Contribution Plans (ICC11QP-DC1), previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (a)(d)(b) Form of Endorsement Applicable to Qualified Defined Benefit Plans (ICC11QP-DB1), previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (a)(d)(c) Form of Endorsement Applicable to Non-Qualified Contracts (ICC11NQ1), previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (a)(d)(d) Form of Endorsement Applicable to ROTH-IRA Contracts (ICC11ROTH1), previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (a)(d)(e)(i) Form of Endorsement Applicable to the Asset Transfer Program ("ATP"), previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (a)(d)(e)(ii) Form of Endorsement Applicable to Allocation (ICC11GOA), previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (a)(d)(f) Form of Endorsement Applicable to Guaranteed Interest Special Dollar Cost Averaging (ICC11SDCA), previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (a)(d)(g) Form of Endorsement Applicable to Special Money Market Dollar Cost Averaging (ICC11MMSDCA), previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (a)(d)(h) Form of Data Pages - Table of Guaranteed Annuity Payments (ICC11DP-TGAP-B), previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (a)(d)(i) Form of Inherited Traditional IRA Beneficiary Continuation Option (BCO) Endorsement (ICC11INHIRA1), previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (a)(d)(j) Form of Inherited Roth IRA Beneficiary Continuation Option (BCO) Endorsement (ICC11INHROTH1), previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (a)(d)(k) Form of Guaranteed Minimum Income Benefit Rider [I- Asset Allocation] with Guaranteed Withdrawal Benefit for Life Conversion Benefit (ICC11GMIB), previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (a)(d)(l) Form of "Greater of" Death Benefit Rider [I- Asset Allocation] Greater of Annual Rollup to Age [85] GMDB or Highest Anniversary Value to Age [85] GMDB (ICC11GMDBGR), previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (a)(d)(m) Form of [Earnings Enhancement Benefit] Optional Death Benefit Rider (ICC11EEB), previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (a)(d)(n)(i) Form of Highest Anniversary Value Death Benefit Rider Highest Anniversary Value to Age [85] GMDB (ICC11GMDBHAV), previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (a)(d)(n)(ii) Form of Highest Anniversary Value Death Benefit Rider Highest Anniversary Value to Age [85] GMDB (ICC11GMDBHAV-IB), previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (a)(d)(p) Form of Data Pages, Form ICC11DPACC-C, previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (a)(d)(q) Form of Data Pages, Form ICC11DPACC-CP, previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (a)(d)(r) Form of Data Pages, Form ICC11DPACC-L, previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (a)(d)(s) Form of Guaranteed Minimum Income Benefit Rider [I - Asset Allocation] with Guaranteed Withdrawal Benefit for Life Conversion Benefit, previously filed with this Registration Statement File No. 333-64749 on April 25, 2012. (a)(d)(t) Form of Endorsement applicable to Termination of Guaranteed Minimum Death Benefits (Form No. 2012GMDB-BO-1), incorporated herein by reference to Exhibit 4(m)(m) to the Registration Statement (File No. 33-83750) on Form N-4 filed April 24, 2013. (a)(d)(u) Form of Endorsement Terminating the Guaranteed Withdrawal Benefit for Life Rider and any Applicable Guaranteed Minimum Death Benefit offered thereunder (Form No. (2013GWBL-BO-I), incorporated herein by reference to Exhibit 4(a)(c)(q) to the Registration Statement (File No. 333-05593) on Form N-4 filed on April 23, 2014. (a)(d)(v) Form of Endorsement Terminating the Guaranteed Withdrawal Benefit for Life Rider and any Applicable Guaranteed Minimum Death Benefit (2013GWBL-BO-G) offered thereunder, incorporated herein by reference to Exhibit 4(a)(c)(r) to the Registration Statement (File No. 333-05593) on Form N-4 filed on April 23, 2014. (a)(d)(w) Form of Endorsement Terminating the Guaranteed Minimum Income Benefit and any Guaranteed Minimum Death Benefit(s) offered thereunder (2013GMIB-BO-I), incorporated herein by reference to Exhibit 4(a)(c)(s) to the Registration Statement (File No. 333-05593) on Form N-4 filed on April 23, 2014. (a)(d)(x) Form of Endorsement Terminating the Guaranteed Minimum Income Benefit and any Guaranteed Minimum Death Benefit(s) (2013GMIB-BO-G) offered thereunder, incorporated herein by reference to Exhibit 4(a)(c)(t) to the Registration Statement (File No. 333-05593) on Form N-4 filed on April 23, 2014. (a)(d)(y) Form of Lump Sum Payment Option Endorsement to be filed by Amendment. 5. (a) Form of Enrollment Form/Application for Equitable Accumulator (IRA, NQ, and QP), incorporated herein by reference to Exhibit 5(e) to Registration Statement No. 333-05593, filed May 1, 1998. (b) Form of application for Accumulator, Form No.2002App01, incorporated herein by reference to Exhibit 5(h) to the Registration Statement (File No. 333-31131), filed March 8, 2002. (c) Form of application for Accumulator, Form No.2002App02, incorporated herein by reference to Exhibit 5(i) to the Registration Statement (File No. 333-31131), filed March 8, 2002. (d) Form of application for Accumulator(R) Plus(SM), Form No. 2004App02, previously filed with this Registration Statement File No. 333-64749, on April 20, 2006. C-12
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(e) Form of Application No. 2006 App 02, incorporated herein by reference to Exhibit 5. (m) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (f) Form of Application No. 2006 App 01, incorporated herein by reference to Exhibit 5. (n) to the Registration Statement (File No. 333-05593), filed June 14, 2006. (g) Form of Application for Accumulator (2007App 01), incorporated herein by reference to Exhibit 5 (o) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (h) Form of Application for Accumulator (2007App 02), incorporated herein by reference to Exhibit 5 (p) to the Registration Statement (File No. 333-05593), filed January 30, 2007. (i) Form of Application for Accumulator(R) PlusSM, Form No. 2008 App 01 P, previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (j) Form of Application for Accumulator(R) PlusSM, Form No. 2008 App 02 P, previously filed with this Registration Statement File No. 333-64749 on August 20, 2008. (k) Form of Application for Accumulator(R) Plus(SM), Form No. 2009 App 01 P, previously filed with this Registration Statement File No. 333-64749 on May 13, 2009. (l) Form of Application for Accumulator(R) Plus(SM), Form No. 2009 App 02 P, previously filed with this Registration Statement File No. 333-64749 on May 13, 2009. (m) Form of Flexible Premium Deferred Fixed and Variable Annuity Contract (ICC11BASE1), previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (n) Form of Flexible Premium Deferred Fixed and Variable Annuity Contract (ICC11BASE2), previously filed with this Registration Statement File No. 333-64749 on August 5, 2011. (o) Form of Application for an Individual Annuity (ICC12APP01ACC11), previously filed with this Registration Statement File No. 333-64749 on April 25, 2012. (p) Form of Application for an Individual Annuity (ICC12APP02ACC11), previously filed with this Registration Statement File No. 333-64749 on April 25, 2012. 6. (a) Restated Charter of AXA Equitable, as amended August 31, 2010, incorporated herein by reference to Registration Statement on Form N-4, (File No. 333-05593), filed on April 24, 2012. (b) By-Laws of AXA Equitable, as amended September 7, 2004, incorporated herein by reference to Exhibit No. 6.(c) to Registration Statement on Form N-4, (File No. 333-05593), filed on April 20, 2006. 7. N.A. 8. (a) Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable Life Insurance Company ("AXA Equitable"), AXA Distributors and AXA Advisors dated July 15, 2002 is incorporated herein by reference to Post-Effective Amendment No. 25 to the EQ Advisor's Trust Registration Statement on Form N-1A (File No. 333-17217 and 811-07953), filed on February 7, 2003. (a)(a) Amendment No. 1, dated May 2, 2003, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 28 To the EQ Advisor's Trust Registration Statement (File No. 333-17217) on Form N-1A filed on February 10, 2004. (a)(b) Amendment No. 2, dated July 9, 2004, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 35 To the EQ Advisor's Trust Registration Statement (File No. 333-17217) on Form N-1A filed on October 15, 2004. (a)(c) Amendment No. 3, dated October 1, 2004, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 35 To the EQ Advisor's Trust Registration Statement (File No. 333-17217) on Form N-1A filed on October 15, 2004. (a)(d) Amendment No. 4, dated May 1, 2005, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 37 To the EQ Advisor's Trust Registration Statement (File No. 333-17217) on Form N-1A filed on April 7, 2005. (a)(e) Amendment No. 5, dated September 30, 2005, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 44 To the EQ Advisor's Trust Registration Statement (File No. 333-17217) on Form N-1A filed on April 5, 2006. (a)(f) Amendment No. 6, dated August 1, 2006, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 51 To the EQ Advisor's Trust Registration Statement (File No. 333-17217) on Form N-1A filed on February 2, 2007. (a)(g) Amendment No. 7, dated May 1, 2007, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 53 To the EQ Advisor's Trust Registration Statement (File No. 333-17217) on Form N-1A filed on April 27, 2007. (a)(h) Amendment No. 8, dated January 1, 2008, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 56 To the EQ Advisor's Trust Registration Statement (File No. 333-17217) on Form N-1A filed on December 27, 2007. (a)(i) Amendment No. 9, dated May 1, 2008, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 61 To the EQ Advisor's Trust Registration Statement (File No. 333-17217) on Form N-1A filed on February 13, 2009. (a)(j) Amendment No. 10, dated January 1, 2009, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 64 To the EQ Advisor's Trust Registration Statement (File No. 333-17217) on Form N-1A filed on March 16, 2009. (a)(k) Amendment No. 11, dated May 1, 2009, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 67 To the EQ Advisor's Trust Registration Statement (File No. 333-17217) on Form N-1A filed on April 15, 2009. (a)(l) Amendment No. 12, dated September 29, 2009, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 70 To the EQ Advisor's Trust Registration Statement (File No. 333-17217) on Form N-1A filed on January 21, 2010. (a)(m) Amendment No. 13, dated August 16, 2010, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 77 To the EQ Advisor's Trust Registration Statement (File No. 333-17217) on Form N-1A filed on February 3, 2011. (a)(n) Amendment No. 14, dated December 15, 2010, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 77 To the EQ Advisor's Trust Registration Statement (File No. 333-17217) on Form N-1A filed on February 3, 2011. (a)(o) Amendment No. 15, dated June 7, 2011 , to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference and/or previously filed with Post-Effective Amendment No. 84 To the EQ Advisor's Trust Registration Statement (File No. 333-17217) on Form N-1A filed on August 17, 2011. (a)(p) Amendment No. 16, dated April 30, 2012, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable and AXA Distributors dated July 15,2002 incorporated herein by reference to Post-Effective Amendment No. 96 to the EQ Advisor's Trust Registration Statement (File No. 333-17217) on Form N-1A filed on February 7, 2012. (b) Participation Agreement among AXA Premier VIP Trust, AXA Equitable, AXA Advisors, AXA Distributors and EDI dated as of December 3, 2001 incorporated herein by reference to and/or previously filed with Pre-Effective Amendment No. 1 to AXA Premier VIP Trust Registration Statement (File No. 333-70754) on Form N-1A filed on December 10, 2001. (b)(a) Amendment No. 1, dated as of August 1, 2003 to the Participation Agreement among AXA Premier VIP Trust, AXA Equitable, AXA Advisors, AXA Distributors and EDI dated as of December 3, 2001 incorporated herein by reference to Post-Effective Amendment No. 6 to AXA Premier VIP Trust Registration Statement (File No. 333-70754) on Form N-1A filed on February 25, 2004. (b)(b) Amendment No. 2, dated as of May 1, 2006 to the Participation Agreement among AXA Premier VIP Trust, AXA Equitable, AXA Advisors, AXA Distributors and EDI dated as of December 3, 2001 incorporated herein by reference to Post-Effective Amendment No. 16 to AXA Premier VIP Trust Registration Statement (File No. 333-70754) on Form N-1A filed on June 1, 2006. (b)(c) Amendment No. 3, dated as of May 25, 2007 to the Participation Agreement among AXA Premier VIP Trust, AXA Equitable, AXA Advisors, AXA Distributors and EDI dated as of December 3, 2001 incorporated herein by reference to Post-Effective Amendment No. 20 to AXA Premier VIP Trust Registration Statement (File No. 333-70754) on Form N-1A filed on February 5, 2008. 9. Opinion and Consent of Dodie Kent, Esq., Vice President and Associate General Counsel, filed herewith. C-13
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10. (a) Consent of the independent registered public accounting firm to be filed by amendment. (b) Powers of Attorney, filed herewith. 11. Not applicable. 12. Not applicable. 13. Not applicable. C-14
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Item 25. Directors and Officers of AXA Equitable. Set forth below is information regarding the directors and principal officers of AXA Equitable. AXA Equitable's address is 1290 Avenue of the Americas, New York, New York 10104. The business address of the persons whose names are preceded by an asterisk is that of AXA Equitable. NAME AND PRINCIPAL POSITIONS AND OFFICES WITH BUSINESS ADDRESS AXA EQUITABLE ------------------ -------------------------- DIRECTORS Henri de Castries Director AXA 25, Avenue Matignon 75008 Paris, France Denis Duverne Director AXA 25, Avenue Matignon 75008 Paris, France Barbara Fallon-Walsh Director 1670 Stephens Drive Wayne, PA 19087 Danny L. Hale Director 900 20th Avenue South Nashville, TN 37212 Peter S. Kraus Director AllianceBernstein Corporation 1345 Avenue of the Americas New York, NY 10105 Ramon de Oliveira Director Investment Audit Practice, LLC 70 South Fifth Street Park Ridge, NJ 07656 Bertram Scott Director Affinity Health Plans 2500 Halsey Street, #2 Bronx, NY 10461 Lorie A. Slutsky Director The New York Community Trust 909 Third Avenue New York, NY 10022 Richard C. Vaughan Director 764 Lynnmore Lane Naples, FL 34108-7522 OFFICER-DIRECTOR *Mark Pearson Chairman of the Board, Chief Executive Officer, Director and President OTHER OFFICERS *Dave S. Hattem Senior Executive Director and General Counsel *Heinz-Juergen Schwering Senior Executive Director and Chief Risk Officer *Anders B. Malmstrom Senior Executive Director and Chief Financial Officer *Salvatore Piazzolla Senior Executive Director and Chief Human Resources Officer C-15
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*Joshua E. Braverman Senior Executive Director and Treasurer *Anthony F. Recine Managing Director, Chief Compliance Officer and Deputy General Counsel *Sharon A. Ritchey Senior Executive Director and Chief Operating Officer *Michael B. Healy Executive Director and Chief Information Officer *Andrea M. Nitzan Executive Director and Chief Accounting Officer *Nicholas B. Lane Senior Executive Director and Head of U.S. Life and Retirement *Robert O. Wright, Jr. Senior Executive Director and Head of Wealth Management *Kevin Molloy Senior Executive Director *Kevin E. Murray Executive Director *Keith Floman Managing Director and Chief Actuary *David Kam Managing Director and Actuary *Michel Perrin Managing Director and Actuary *Karen Field Hazin Lead Director, Secretary and Associate General Counsel *Naomi J. Weinstein Lead Director C-16
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Item 26. Persons Controlled by or Under Common Control with the Insurance Company or Registrant. Separate Account No. 49 of AXA Equitable Life Insurance Company (the "Separate Account") is a separate account of AXA Equitable Life Insurance Company. AXA Equitable Life Insurance Company, a New York stock life insurance company, is a wholly owned subsidiary of AXA Financial, Inc. (the "Holding Company"). AXA owns 100% of the Holding Company's outstanding common stock. AXA is able to exercise significant influence over the operations and capital structure of the Holding Company and its subsidiaries, including AXA Equitable Life Insurance Company. AXA, a French company, is the holding company for an international group of insurance and related financial services companies. (a) The 2013 AXA Group Organization Charts are incorporated herein by reference to Exhibit 26 to Registration Statement (File No. 2-30070) on Form N-4, filed April 22, 2014. (b) The AXA Financial, Inc. - Subsidiary Organization Chart: Q4-2013 is incorporated herein by reference to Exhibit 26(b) to Registration Statement (File No. 2-30070) on Form N-4 filed April 22, 2014. C-17
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Item 27. Number of Contractowners As of May 31, 2014, there were 68,316 Qualified Contractholders and 36,928 Non-Qualified Contractholders of the contracts offered by the Registrant under this registration statement. Item 28. Indemnification (a) Indemnification of Directors and Officers The By-Laws of AXA Equitable Life Insurance Company ("AXA Equitable") provide, in Article VII, as follows: 7.4 Indemnification of Directors, Officers and Employees. (a) To the extent permitted by the law of the State of New York and subject to all applicable requirements thereof: (i) any person made or threatened to be made a party to any action or proceeding, whether civil or criminal, by reason of the fact that he or she, or his or her testator or intestate, is or was a director, officer or employee of the Company shall be indemnified by the Company; (ii) any person made or threatened to be made a party to any action or proceeding, whether civil or criminal, by reason of the fact that he or she, or his or her testator or intestate, serves or served any other organization in any capacity at the request of the Company may be indemnified by the Company; and (iii)the related expenses of any such person in any of said categories may be advanced by the Company. (b) To the extent permitted by the law of the State of New York, the Company may provide for further indemnification or advancement of expenses by resolution of shareholders of the Company or the Board of Directors, by amendment of these By-Laws, or by agreement. (Business Corporation Law ss. 721-726; Insurance Law ss. 1216) The directors and officers of AXA Equitable are insured under policies issued by X.L. Insurance Company, Arch Insurance Company, Endurance Specialty Insurance Company, U.S. Specialty Insurance, St. Paul Travelers, Chubb Insurance Company, AXIS Insurance Company and Zurich Insurance Company. The annual limit on such policies is $105 million, and the policies insure the officers and directors against certain liabilities arising out of their conduct in such capacities. (b) Indemnification of Principal Underwriters To the extent permitted by law of the State of New York and subject to all applicable requirements thereof, AXA Distributors, LLC and AXA Advisors, LLC have undertaken to indemnify each of its respective directors and officers who is made or threatened to be made a party to any action or proceeding, whether civil or criminal, by reason of the fact the director or officer, or his or her testator or intestate, is or was a director or officer of AXA Distributors, LLC and AXA Advisors, LLC. (c) Undertaking Insofar as indemnification for liability arising under the Securities Act of 1933 ("Act") may be permitted to directors, officers and controlling persons of the registrant pursuant to the foregoing provisions, or otherwise, the registrant has been advised that in the opinion of the Securities and Exchange Commission such indemnification is against public policy as expressed in the Act and is, therefore, unenforceable. In the event that a claim for indemnification against such liabilities (other than the payment by the registrant of expenses incurred or paid by a director, officer or controlling person of the registrant in the successful defense of any action, suit or proceeding) is asserted by such director, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the Act and will be governed by the final adjudication of such issue. Item 29. Principal Underwriters (a) AXA Advisors, LLC, and AXA Distributors, LLC, both affiliates of AXA Equitable and MONY Life Insurance Company of America are the principal underwriters for Separate Accounts 49, 70 and FP of AXA Equitable, EQ Advisors Trust and AXA Premier VIP Trust, and of MONY America Variable Account A, MONY America Variable Account K and MONY America Variable Account L. In addition, AXA Advisors is the principal underwriter for Separate Accounts 45, 301, A and I. The principal business address of AXA Advisors, LLC and AXA Distributors, LLC, is 1290 Avenue of the Americas, NY, NY 10104. (b) Set forth below is certain information regarding the directors and principal officers of AXA Advisors, LLC and AXA Distributors, LLC. The business address of the persons whose names are preceded by an asterisk is that of AXA Advisors, LLC or (i) AXA Distributors, LLC, as applicable. (i) AXA ADVISORS, LLC NAME AND PRINCIPAL POSITIONS AND OFFICES WITH UNDERWRITER BUSINESS ADDRESS (AXA ADVISORS LLC) ------------------ -------------------------------------- *Robert O. Wright, Jr. Director, Chairman of the Board and Chief Executive Officer *Kevin Molloy Director and Vice Chairman of the Board *Frank Massa Director, President and Chief Operating Officer *Nicholas B. Lane Director and Chief Retirement Savings Officer *Vincent Parascandola Senior Vice President, Divisional President and Chief Sales Officer *Christine Nigro Senior Vice President and Divisional President *Lawrence Adkins, Jr. Senior Vice President and Divisional President *Susan LaVallee Senior Vice President *George Papazicos Senior Vice President *Maurya Keating Vice President, Chief Broker Dealer Counsel and Investment Advisor Chief Compliance Officer *Mary Jean Bonadonna Vice President and Broker-Dealer Compliance Officer *John C. Taroni Vice President and Treasurer *Gina Jones Vice President and Financial Crime Officer *Page Pennell Vice President *Philip Pescatore Chief Risk Officer *Denise Tedeschi Assistant Vice President and Assistant Secretary *Sharon A. Ritchey Director *Manish Agarwal Director *Anders B. Malmstrom Director *Francesca Divone Secretary (ii) AXA DISTRIBUTORS, LLC NAME AND PRINCIPAL POSITIONS AND OFFICES WITH UNDERWRITER BUSINESS ADDRESS (AXA DISTRIBUTORS, LLC) ------------------ -------------------------------------------- *Nicholas B. Lane Director, Chairman of the Board, President, Chief Executive Officer and Chief Retirement Savings Officer *Michael P. McCarthy Director, Senior Vice President, National Sales Manager *Todd Solash Director and Senior Vice President *Manish Agarwal Senior Vice President *Ori Ben-Yishai Senior Vice President *David Ciotta Senior Vice President *Harvey T. Fladeland Senior Vice President *Nelida Garcia Senior Vice President *Peter D. Golden Senior Vice President *David Kahal Senior Vice President *Kevin M. Kennedy Senior Vice President *Windy Lawrence Senior Vice President *Timothy P. O'Hara Senior Vice President *Michael Schumacher Senior Vice President *Mark Teitelbaum Senior Vice President *Nicholas Gismondi Vice President and Chief Financial Officer *Nicholas D. Huth Vice President and General Counsel *Gina Jones Vice President and Financial Crime Officer *John C. Taroni Vice President and Treasurer *Denise Tedeschi Assistant Vice President and Assistant Secretary *Gregory Lashinsky Assistant Vice President - Financial Operations Principal *Francesca Divone Secretary (c) The information under "Distribution of the Contracts" in the Prospectus and Statement of Additional Information forming a part of this Registration Statement is incorporated herein by reference. C-18
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Item 30. Location of Accounts and Records The records required to be maintained by Section 31(a) of the Investment Company Act of 1940 and Rules 31a-1 to 31a-3 thereunder are maintained by AXA Equitable Life Insurance Company at 1290 Avenue of the Americas, New York, New York 10104, 135 West 50th Street, New York, NY 10020, and 500 Plaza Drive, Secaucus, NJ 07096. The contract files will be kept at Vantage Computer System, Inc., 301 W. 11th Street, Kansas City, Mo. 64105. 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 the registration statement are never more than 16 months old for so long as payments under the individual annuity contracts and certificates AXA Equitable offers under a group annuity contract (collectively the "contracts") may be accepted; (b) to include either (1) as 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 postcard or similar written communication affixed to or included in the prospectus that the applicant can remove to send for a Statement of Additional Information; (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. AXA Equitable represents that the fees and charges deducted under the Contracts described in this Registration Statement, in the aggregate, in each case, are reasonable in relation to the services rendered, the expenses to be incurred, and the risks assumed by AXA Equitable under the respective Contracts. The Registrant hereby represents that it is relying on the November 28, 1988 no-action letter (Ref. No. IP-6-88) relating to variable annuity contracts offered as funding vehicles for retirement plans meeting the requirements of Section 403(b) of the Internal Revenue Code. Registrant further represents that it will comply with the provisions of paragraphs (1)-(4) of that letter. C-19
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SIGNATURES As required by the Securities Act of 1933 and the Investment Company Act of 1940, the Registrant has duly caused this Amendment to the Registration Statement to be signed on its behalf, in the City and State of New York, on this 22nd day of July, 2014. SEPARATE ACCOUNT NO. 49 OF AXA EQUITABLE LIFE INSURANCE COMPANY (Registrant) By: AXA Equitable Life Insurance Company (Depositor) By: /s/ Dodie Kent ------------------------------------- Dodie Kent Vice President and Associate General Counsel
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SIGNATURES As required by the Securities Act of 1933 and the Investment Company Act of 1940, the Depositor has caused this Registration Statement to be signed on its behalf, by the undersigned, duly authorized, in the City and State of New York, on this 22nd day of July, 2014. AXA EQUITABLE LIFE INSURANCE COMPANY (Depositor) By: /s/ Dodie Kent ---------------------------------- Dodie Kent Vice President and Associate General Counsel As required by the Securities Act of 1933 and the Investment Company Act of 1940, this Registration Statement has been signed by the following persons in the capacities and on the date indicated: PRINCIPAL EXECUTIVE OFFICER: *Mark Pearson Chairman of the Board, Chief Executive Officer, Director and President PRINCIPAL FINANCIAL OFFICER: *Anders B. Malmstrom Senior Executive Director and Chief Financial Officer PRINCIPAL ACCOUNTING OFFICER: *Andrea M. Nitzan Executive Director and Chief Accounting Officer *DIRECTORS: Henri de Castries Danny L. Hale Lorie A. Slutsky Ramon de Oliveira Peter S. Kraus Richard C. Vaughan Denis Duverne Mark Pearson Barbara Fallon-Walsh Bertram Scott *By: /s/ Dodie Kent ------------------- Dodie Kent Attorney-in-Fact July 22, 2014
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EXHIBIT INDEX EXHIBIT TAG NO. VALUE ------- ----- 9 Opinion and Consent of Counsel EX-99.9 10(b) Powers of Attorney EX-99.10b

Dates Referenced Herein   and   Documents Incorporated by Reference

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This ‘485APOS’ Filing    Date First  Last      Other Filings
Filed on:7/22/1427
5/31/1424
5/1/1435485BPOS,  497
4/23/1418485BPOS
4/22/1423
4/24/1318485BPOS
4/30/1219485BPOS
4/25/121819485BPOS
4/24/12719485BPOS
2/7/1219
1/1/127
11/1/118
8/17/1119497
8/5/11719485BPOS
6/7/1119
2/3/1119
12/15/1019497
8/31/1019497
8/16/1019
1/21/1019
9/29/0919
5/13/091719485BPOS,  CORRESP
5/1/0919485BPOS
4/23/0917485BPOS
4/20/098
4/15/0919
3/16/0919
2/13/0919
1/1/0919
11/1/088
8/20/081619485APOS,  CORRESP
5/1/0819
4/23/0816485BPOS
2/15/088
2/5/0819
1/1/0819
12/27/0719485BPOS
10/15/0716485APOS
5/25/0719485BPOS
5/15/071415485BPOS,  497
5/1/0719485BPOS
4/27/0719N-4
2/2/0719
1/30/071519485APOS
11/1/068
8/1/0619
6/15/0614485BPOS
6/14/061319485BPOS
6/1/0619
5/1/0619485BPOS
4/20/061319485BPOS
4/5/0619
10/14/0513485BPOS
9/30/0519
8/11/0578N-4
5/1/0519
4/20/05813485BPOS
4/7/0519
11/1/048
10/15/0419
10/1/0419
9/7/0419
7/19/047
7/9/0419
5/3/041213485APOS
4/19/047
2/25/0419
2/10/0419
1/1/047
8/1/0319
5/8/0312485APOS
5/2/0319
4/23/0312485BPOS
2/7/0319
1/1/037
7/15/0219497
3/8/021118485BPOS,  N-30B-2
12/20/0111485APOS,  497
12/10/0119
12/3/0119
4/25/011011485BPOS
4/19/017
1/1/017
4/25/0010
1/1/0078
12/28/9910485APOS
9/30/9810N-4
5/22/9810485APOS
5/1/981018485BPOS
2/27/98910NSAR-U
1/1/987
12/31/9791024F-2NT,  485BPOS,  N-30B-2,  NSAR-U
6/10/967
4/23/9610
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Filing Submission 0001193125-14-275394   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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