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– Release Delayed ·As Of Filer Filing For·On·As Docs:Size Issuer Agent 2/09/09 Sep Acct A of Pacific Life Ins Co 485APOS¶ 5:575K Bowne - Biv/FA → Separate Account A of Pacific Life Insurance Co. (811-08946) ⇒ Pacific Voyages |
Document/Exhibit Description Pages Size 1: 485APOS Post-Effective Amendment HTML 323K 5: COVER ¶ Comment-Response or Cover Letter to the SEC HTML 9K 4: EX-99.13 Exhibit 13 HTML 41K 2: EX-99.4(U) Exhibit 4(U) HTML 31K 3: EX-99.4(V) Exhibit 4(V) HTML 74K
e485apos |
As filed with the Securities and
Exchange Commission on February 9, 2009.
SECURITIES AND EXCHANGE COMMISSION
FORM N-4
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 | x | |
Pre-Effective Amendment No. | o | |
Post-Effective Amendment No. 12 | x | |
and/or
REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940 | x | |
Amendment No. 232 | x | |
(Check appropriate box or boxes)
SEPARATE ACCOUNT A
PACIFIC LIFE INSURANCE COMPANY
700 Newport Center Drive
Newport Beach, California 92660
(Address of Depositor’s Principal Executive Offices) (Zip Code)
(949) 219-3943
(Depositor’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)
Copies of all communications to:
Brandon J. Cage | Jeffrey S. Puretz, Esq | |
Pacific Life Insurance Company | Dechert LLP | |
P.O. Box 9000 | 1775 Eye Street, N.W. | |
Newport Beach, CA 92658-9030 | Washington, D.C. 20006-2401 |
Approximate Date of Proposed Public Offering:
It is proposed that this filing will
become effective (check appropriate box)
o immediately upon filing pursuant to paragraph (b) 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 Voyages individual flexible premium variable annuity contracts.
Filing Fee: None
SEPARATE ACCOUNT A
FORM N-4
CROSS REFERENCE SHEET
PART A | ||||
Item No. | Prospectus Heading | |||
1. | Cover Page | Cover Page | ||
2. | Definitions | TERMS USED IN THIS PROSPECTUS | ||
3. | Synopsis | AN OVERVIEW OF PACIFIC VOYAGES | ||
4. | Condensed Financial Information | FINANCIAL HIGHLIGHTS; ADDITIONAL INFORMATION — Financial Statements | ||
5. | General Description of Registrant, Depositor and Portfolio Companies | AN OVERVIEW OF PACIFIC VOYAGES; PACIFIC LIFE AND THE SEPARATE ACCOUNT — Pacific Life, — Separate Account A; YOUR INVESTMENT OPTIONS — Your Variable Investment Options; ADDITIONAL INFORMATION — Voting Rights | ||
6. | Deductions | AN OVERVIEW OF PACIFIC VOYAGES; FEE TABLE; CHARGES, FEES AND DEDUCTIONS; WITHDRAWALS — Optional Withdrawals; ADDITIONAL INFORMATION — Distribution Arrangements | ||
7. | General Description of Variable Annuity Contracts | AN OVERVIEW OF PACIFIC VOYAGES; PURCHASING YOUR CONTRACT — How to Apply for your Contract; HOW YOUR INVESTMENTS ARE ALLOCATED; ANNUITIZATION — Choosing Your Annuity Option, — Your Annuity Payments; DEATH BENEFITS AND OPTIONAL DEATH BENEFIT RIDERS — Death Benefits; OTHER OPTIONAL RIDERS; ADDITIONAL INFORMATION — Voting Rights, — Changes to Your Contract, — Changes to ALL Contracts, — Inquiries and Submitting Forms and Requests, — Timing of Payments and Transactions, — Replacement of Life Insurance or Annuities | ||
8. | Annuity Period | ANNUITIZATION | ||
9. | Death Benefit | DEATH BENEFITS AND OPTIONAL DEATH BENEFIT RIDERS |
||
10. | Purchases and Contract Value | AN OVERVIEW OF PACIFIC VOYAGES; PURCHASING YOUR CONTRACT; HOW YOUR INVESTMENTS ARE ALLOCATED; PACIFIC LIFE AND THE SEPARATE ACCOUNT — Pacific Life; THE GENERAL ACCOUNT — Withdrawals and Transfers | ||
11. | Redemptions | AN OVERVIEW OF PACIFIC VOYAGES; CHARGES, FEES AND DEDUCTIONS; WITHDRAWALS; ADDITIONAL INFORMATION — Timing of Payments and Transactions; THE GENERAL ACCOUNT — Withdrawals and Transfers | ||
12. | Taxes | CHARGES, FEES AND DEDUCTIONS — Premium Taxes; WITHDRAWALS — Optional Withdrawals, — Tax Consequences of Withdrawals; FEDERAL TAX ISSUES | ||
13. | Legal Proceedings | Not Applicable | ||
14. | Table of Contents of the Statement of Additional Information | CONTENTS OF THE STATEMENT OF ADDITIONAL INFORMATION |
PART B | ||||
Item No. | Statement of Additional Information Heading | |||
15. | Cover Page | Cover Page | ||
16. | Table of Contents | TABLE OF CONTENTS | ||
17. | General Information and History | Not Applicable | ||
18. | Services | Not Applicable | ||
19. | Purchase of Securities Being Offered | THE CONTRACTS AND THE SEPARATE ACCOUNT — Calculating Subaccount Unit Values, — Systematic Transfer programs |
||
20. | Underwriters | DISTRIBUTION OF THE CONTRACTS — Pacific Select Distributors, Inc. | ||
21. | Calculation of Performance Data | PERFORMANCE | ||
22. | Annuity Payments | THE CONTRACTS AND THE SEPARATE ACCOUNT — Variable Annuity Payment Amounts |
||
23. | Financial Statements | FINANCIAL STATEMENTS |
PART C
Information required to be included in Part C is set forth under the appropriate Item, so numbered, in Part C to this Registration Statement.
PROSPECTUS
(Included in Registrant’s Form
N-4/B, File No. 333-136597, Accession No. 0000892569-08-000624, filed
on April 22, 2008, supplemented July 2, 2008, Accession No.
0000892569-08-000961, supplemented September 11, 2008, Accession No.
0000892569-08-001260, supplemented December 4, 2008, Accession
No. 0000892569-08-001559, and incorporated by reference herein.)
STATEMENT OF ADDITIONAL INFORMATION
(Included in Registrant’s Form N-4/B, File No. 333-136597, Accession No. 0000892569-08-000624, filed on April 22, 2008, and incorporated by reference herein.)
Current Charge |
Maximum Charge |
|||||||||||
Percentage | Percentage | |||||||||||
• CoreIncome Advantage Rider
Charge*
|
0.50 | % | 1.00 | % | ||||||||
• CoreProtect Advantage Rider
Charge**
|
0.50 | % | 0.50 | % |
Current Charge |
Maximum Charge |
|||||||||||
Percentage | Percentage | |||||||||||
• Income Access Rider
Charge11
|
0.65 | % | 0.75 | % | ||||||||
• Guaranteed Protection
Advantage 3 (GPA 3) Rider
Charge12
|
0.75 | % | 1.00 | % | ||||||||
• Guaranteed Income Advantage
Plus (GIA Plus) Rider
Charge14
|
0.75 | % | 0.75 | % |
FROM | TO | WHEN | ||||
Income Access
|
Flexible Lifetime Income (Single or Joint) Flexible Lifetime Income Plus (Single or Joint) Automatic Income Builder CoreIncome Advantage |
On any Contract Anniversary. | ||||
CoreIncome Advantage
|
Income Access |
On any Contract Anniversary. | ||||
Flexible Lifetime Income Plus (Single or Joint) Automatic Income Builder Flexible Lifetime Income (Single or Joint) |
On any Contract Contract Anniversary beginning with 5th Contract Anniversary measured from the Contract issue date. | |||||
Flexible Lifetime Income (Single)
|
Income Access Flexible Lifetime Income (Joint) Flexible Lifetime Income Plus (Single or Joint) |
On any Contract Anniversary. | ||||
Automatic Income Builder CoreIncome Advantage |
On any Contract Anniversary beginning with 5th Contract Anniversary measured from the Contract issue date. | |||||
Flexible Lifetime Income (Joint)
|
Income Access Flexible Lifetime Income (Single) Flexible Lifetime Income Plus (Single or Joint) |
On any Contract Anniversary. | ||||
Automatic Income Builder CoreIncome Advantage |
On any Contract Anniversary beginning with 5th Contract Anniversary measured from the Contract issue date. | |||||
Foundation 10
|
Income Access | On any Contract Anniversary. | ||||
Flexible Lifetime Income (Single or Joint) Flexible Lifetime
Income Plus (Single or Joint) Automatic Income Builder CoreIncome Advantage |
On any Contract Anniversary beginning with 5th Contract Anniversary measured from the Contract issue date. | |||||
Flexible Lifetime Income Plus (Single)
|
Income Access Flexible Lifetime Income Plus (Joint) |
On any Contract Anniversary. | ||||
Automatic Income Builder CoreIncome Advantage |
On any Contract Anniversary beginning with 5th Contract Anniversary measured from the Contract issue date. | |||||
Flexible Lifetime Income Plus (Joint)
|
Income Access Flexible Lifetime Income Plus (Single) |
On any Contract Anniversary. | ||||
Automatic Income Builder CoreIncome Advantage |
On any Contract Anniversary beginning with 5th Contract Anniversary measured from the Contract issue date. | |||||
Automatic Income Builder
|
Income Access | On any Contract Anniversary. | ||||
Flexible Lifetime Income (Single or Joint) Flexible Lifetime Income Plus (Single or Joint) CoreIncome Advantage |
On any Contract Anniversary beginning with 5th Contract Anniversary measured from the Contract issue date. | |||||
FROM | TO | WHEN | ||||
CoreProtect Advantage
|
Guaranteed Protection Advantage 3 (GPA 3) Guaranteed Protection Advantage 5 (GPA 5) |
On any Contract Anniversary. | ||||
Guaranteed Protection Advantage 3 (GPA 3)
|
CoreProtect Advantage | On any Contract Anniversary. | ||||
CoreProtect Advantage | ||||||
Guaranteed Protection Advantage 5 (GPA 5)
|
Guaranteed Protection Advantage 3 (GPA 3) | On any Contract Anniversary. | ||||
• | 4% of the Protected Payment Base as of that day, less cumulative withdrawals during that Contract Year, or |
• | the Remaining Protected Balance as of that day. |
• | initial Purchase Payment, if the Rider Effective Date is on the Contract Date, or | |
• | Contract Value, if the Rider Effective Date is on a Contract Anniversary. |
• | such withdrawal (an “RMD Withdrawal”) is for purposes of satisfying the minimum distribution requirements of Section 401(a)(9) and related Code provisions in effect at that time, | |
• | you have authorized us to calculate and make periodic distribution of the Annual RMD Amount for the Calendar Year required based on the payment frequency you have chosen, | |
• | the Annual RMD Amount is based on this Contract only, and | |
• | only RMD withdrawals are made from the Contract during the Contract Year. |
• | if the oldest Owner (or youngest Annuitant, in the case of a Non-Natural Owner): |
• | was younger than age 65 when the first withdrawal was taken under the Rider, after the Rider Effective Date or the most recent Reset Date, whichever is later, the Protected Payment Amount will be paid each year until the Remaining Protected Balance is reduced to zero, or |
• | was age 65 or older when the first withdrawal was taken under the Rider after the Rider Effective Date or the most recent Reset Date, whichever is later, the Protected Payment Amount will be paid each year until the day of the first death of an Owner or the date of death of the sole surviving Annuitant. |
• | the Protected Payment Amount will be paid under a series of pre-authorized withdrawals under a payment frequency as elected by the Owner, but no less frequently than annually, |
• | no additional Purchase Payments will be accepted under the Contract, | |
• | any Remaining Protected Balance will not be available for payment in a lump sum and will not be applied to provide payments under an Annuity Option, | |
• | the Contract will cease to provide any death benefit, and | |
• | any payments made to you of the Remaining Protected Balance may be taxable to you as ordinary income, and if you are under the age of 591/2, may be subject to an additional 10% federal tax penalty. |
• | was younger than age 65 when the first withdrawal was taken under the Rider after the Rider Effective Date or the most recent Reset Date, whichever is later, this Rider will terminate, or |
• | was age 65 or older when the first withdrawal was taken under the Rider after the Rider Effective Date or the most recent Reset Date, whichever is later, you may elect to withdraw up to the Protected Payment Amount each year until the day of the first death of an Owner or the date of death of the sole surviving Annuitant. If an Automatic or Owner-Elected Reset occurs, the Remaining Protected Balance will be reinstated to an amount equal to the Contract Value as of that Contract Anniversary. |
• | the Life Only fixed annual payment amount based on the terms of your Contract, or |
• | the Protected Payment Amount in effect at the maximum Annuity Date. |
• | the day any portion of the Contract Value is no longer allocated according the Investment Allocation Requirements, |
• | the day the Remaining Protected Balance is reduced to zero if the oldest Owner (or youngest Annuitant, in the case of a Non-Natural Owner), was younger than 65 when the first withdrawal was taken under the Rider after the Rider Effective Date or the most recent Reset Date, whichever is later, |
• | the date of the first death of an Owner or the date of death of the sole surviving Annuitant (except as provided under the Continuation of Rider if Surviving Spouse Continues Contract subsection), | |
• | for Contracts with a Non-Natural Owner, the date of the first death of an Annuitant, including Primary, Joint and Contingent Annuitants, | |
• | the day the Contract is terminated in accordance with the provisions of the Contract, |
• | the day we are notified of a change in ownership of the Contract to a non-spouse Owner if the Contract is Non-Qualified, excluding changes in ownership to or from certain trusts, |
• | the day you exchange this Rider for another withdrawal benefit Rider, | |
• | the Annuity Date (see the Annuitization subsection for additional information), or | |
• | the day the Contract Value is reduced to zero as a result of a withdrawal (except an RMD withdrawal) that exceeds the Protected Payment Amount. |
• | the day the Remaining Protected Balance is reduced to zero if the oldest Owner (or youngest Annuitant, in the case of a Non-Natural Owner), was younger than 65 when the first withdrawal was taken under the Rider after the Rider Effective Date or the most recent Reset Date, whichever is later, or |
• | the date of the first death of an Owner or the date of death of the sole surviving Annuitant if the oldest Owner (or youngest Annuitant, in the case of a Non-Natural Owner) was age 65 or older when the first withdrawal was taken under the Rider after the Rider Effective Date or the most recent Reset Date, whichever is later. |
• | Initial Purchase Payment = $100,000 | |
• | Rider Effective Date = Contract Date |
Beginning |
Protected |
Protected |
Remaining |
|||||||||
of Contract |
Purchase |
Contract Value |
Payment |
Payment |
Protected |
|||||||
Year | Payment | Withdrawal | after Activity | Base | Amount | Balance | ||||||
1
|
$100,000 | $100,000 | $100,000 | $4,000 | $100,000 | |||||||
• | Protected Payment Base = Initial Purchase Payment = $100,000 | |
• | Remaining Protected Balance = Initial Purchase Payment = $100,000 |
• | Protected Payment Amount = 4% of Protected Payment Base = $4,000 |
• | Rider purchased at Contract issue by a 64-year old |
• | Initial Purchase Payment = $100,000 | |
• | Rider Effective Date = Contract Date | |
• | A subsequent Purchase Payment of $100,000 is received during Contract Year 1. |
• | No withdrawals taken. |
• | Automatic Reset at Beginning of contract Year 2. |
Beginning |
Protected |
Protected |
Remaining |
|||||||||
of Contract |
Purchase |
Contract Value |
Payment |
Payment |
Protected |
|||||||
Year | Payment | Withdrawal | after Activity | Base | Amount | Balance | ||||||
1
|
$100,000 | $100,000 | $100,000 | $4,000 | $100,000 | |||||||
Activity
|
$100,000 | $200,000 | $200,000 | $8,000 | $200,000 | |||||||
2
|
(Prior to Automatic Reset) | $207,000 | $200,000 | $8,000 | $200,000 | |||||||
2
|
(After Automatic Reset) | $207,000 | $207,000 | $8,280 | $207,000 | |||||||
• | Initial Purchase Payment = $100,000 | |
• | Rider Effective Date = Contract Date | |
• | A subsequent Purchase Payment of $100,000 is received during Contract Year 1. |
• | A withdrawal equal to or less than the Protected Payment Amount is taken during Contract Year 2. |
• | Automatic Resets at Beginning of Contract Years 2 and 3. |
Beginning |
Protected |
Protected |
Remaining |
|||||||||
of Contract |
Purchase |
Contract Value |
Payment |
Payment |
Protected |
|||||||
Year | Payment | Withdrawal | after Activity | Base | Amount | Balance | ||||||
1
|
$100,000 | $100,000 | $100,000 | $4,000 | $100,000 | |||||||
Activity
|
$100,000 | $200,000 | $200,000 | $8,000 | $200,000 | |||||||
2
|
(Prior to Automatic Reset) | $207,000 | $200,000 | $8,000 | $200,000 | |||||||
2
|
(After Automatic Reset) | $207,000 | $207,000 | $8,280 | $207,000 | |||||||
Activity
|
$5,000 | $216,490 | $207,000 | $3,280 | $202,000 | |||||||
3
|
(Prior to Automatic Reset) | $216,490 | $207,000 | $8,280 | $202,000 | |||||||
3
|
(After Automatic Reset) | $216,490 | $216,490 | $8,660 | $216,490 | |||||||
(a) | the Protected Payment Base remains unchanged; and |
(b) | the Remaining Protected Balance is reduced by the amount of the withdrawal to $202,000 ($207,000 – $5,000) and the Protected Payment Amount is reduced by the amount of the withdrawal to $3,280 ($8,280 -$5,000). |
• | Initial Purchase Payment = $100,000 | |
• | Rider Effective Date = Contract Date | |
• | A subsequent Purchase Payment of $100,000 is received during Contract Year 1. | |
• | A withdrawal greater than the Protected Payment Amount is taken during Contract Year 2. |
• | Automatic Resets at Beginning of Contract Years 2 and 3. |
Beginning |
Contract |
Protected |
Protected |
Remaining |
||||||||
of Contract |
Purchase |
Value after |
Payment |
Payment |
Protected |
|||||||
Year | Payment | Withdrawal | Activity | Base | Amount | Balance | ||||||
1
|
$100,000 | $100,000 | $100,000 | $4,000 | $100,000 | |||||||
Activity
|
$100,000 | $200,000 | $200,000 | $8,000 | $200,000 | |||||||
2
|
(Prior to Automatic Reset) | $207,000 | $200,000 | $8,000 | $200,000 | |||||||
2
|
(After Automatic Reset) | $207,000 | $207,000 | $8,280 | $207,000 | |||||||
Activity
|
$25,000 | $196,490 | $190,750 | $0 | $182,000 | |||||||
3
|
(Prior to Automatic Reset) | $196,490 | $190,750 | $7,630 | $182,000 | |||||||
3
|
(After Automatic Reset) | $196,490 | $196,490 | $7,860 | $196,490 | |||||||
• | Contract Value = $221,490 |
• | Protected Payment Base = $207,000 |
• | Remaining Protected Balance = $207,000 |
• | Protected Payment Amount = $8,280 (4% × Protected Payment Base; 4% × $207,000 = $8,280) |
• | No withdrawals were taken prior to the excess withdrawal |
Annual |
Protected |
Protected |
Remaining |
|||||||||
Activity |
RMD |
Non-RMD |
RMD |
Payment |
Payment |
Protected |
||||||
Date | Withdrawal | Withdrawal | Amount | Base | Amount | Balance | ||||||
05/01/2006 | $100,000 | $4,000 | $100,000 | |||||||||
Contract Anniversary |
||||||||||||
01/01/2007
|
$7,500 | |||||||||||
03/15/2007
|
$1,875 | $100,000 | $2,125 | $98,125 | ||||||||
05/01/2007
|
$100,000 | $4,000 | $98,125 | |||||||||
Contract Anniversary |
||||||||||||
06/15/2007
|
$1,875 | $100,000 | $2,125 | $96,250 | ||||||||
09/15/2007
|
$1,875 | $100,000 | $250 | $94,375 | ||||||||
12/15/2007
|
$1,875 | $100,000 | $0 | $92,500 | ||||||||
01/01/2008
|
$8,000 | |||||||||||
03/15/2008
|
$2,000 | $100,000 | $0 | $90,500 | ||||||||
05/01/2008
|
$100,000 | $4,000 | $90,500 | |||||||||
Contract Anniversary |
||||||||||||
Annual |
Protected |
Protected |
Remaining |
|||||||||
Activity |
RMD |
Non-RMD |
RMD |
Payment |
Payment |
Protected |
||||||
Date | Withdrawal | Withdrawal | Amount | Base | Amount | Balance | ||||||
05/01/2006 | $0 | $100,000 | $4,000 | $100,000 | ||||||||
Contract Anniversary |
||||||||||||
01/01/2007
|
$7,500 | |||||||||||
03/15/2007
|
$1,875 | $100,000 | $2,125 | $98,125 | ||||||||
04/01/2007
|
$2,000 | $100,000 | $125 | $96,125 | ||||||||
05/01/2007
|
$100,000 | $4,000 | $96,125 | |||||||||
Contract Anniversary |
||||||||||||
06/15/2007
|
$1,875 | $100,000 | $2,125 | $94,250 | ||||||||
09/15/2007
|
$1,875 | $100,000 | $250 | $92,375 | ||||||||
11/15/2007
|
$4,000 | $95,820 | $0 | $88,274 | ||||||||
• | Contract Value = $90,000 | |
• | Protected Payment Base = $100,000 | |
• | Remaining Protected Balance = $92,375 |
• | Protected Payment Amount = $250 |
• | Initial Purchase Payment = $100,000 | |
• | Rider Effective Date = Contract Date | |
• | No subsequent Purchase Payments are received. |
• | Owner is age 65 or older when the first withdrawal was taken. |
• | Withdrawals, each equal to 4% of the Protected Payment Base are taken each Contract Year. |
• | No Automatic Reset or Owner-Elected Reset is assumed during the life of the Rider. |
Protected |
Protected |
Remaining |
||||||||
Contract |
End of Year |
Payment |
Payment |
Protected |
||||||
Year | Withdrawal | Contract Value | Base | Amount | Balance | |||||
1
|
$4,000 | $96,489 | $100,000 | $4,000 | $96,000 | |||||
2
|
$4,000 | $94,384 | $100,000 | $4,000 | $92,000 | |||||
3
|
$4,000 | $92,215 | $100,000 | $4,000 | $88,000 | |||||
4
|
$4,000 | $89,982 | $100,000 | $4,000 | $84,000 | |||||
5
|
$4,000 | $87,681 | $100,000 | $4,000 | $80,000 | |||||
6
|
$4,000 | $85,311 | $100,000 | $4,000 | $76,000 | |||||
7
|
$4,000 | $82,871 | $100,000 | $4,000 | $72,000 | |||||
8
|
$4,000 | $80,357 | $100,000 | $4,000 | $68,000 | |||||
9
|
$4,000 | $77,768 | $100,000 | $4,000 | $64,000 | |||||
10
|
$4,000 | $75,101 | $100,000 | $4,000 | $60,000 | |||||
11
|
$4,000 | $72,354 | $100,000 | $4,000 | $56,000 | |||||
12
|
$4,000 | $69,524 | $100,000 | $4,000 | $52,000 | |||||
13
|
$4,000 | $66,610 | $100,000 | $4,000 | $48,000 | |||||
14
|
$4,000 | $63,608 | $100,000 | $4,000 | $44,000 | |||||
15
|
$4,000 | $60,517 | $100,000 | $4,000 | $40,000 | |||||
16
|
$4,000 | $57,332 | $100,000 | $4,000 | $36,000 | |||||
17
|
$4,000 | $54,052 | $100,000 | $4,000 | $32,000 | |||||
18
|
$4,000 | $50,674 | $100,000 | $4,000 | $28,000 | |||||
19
|
$4,000 | $47,194 | $100,000 | $4,000 | $24,000 | |||||
20
|
$4,000 | $43,610 | $100,000 | $4,000 | $20,000 | |||||
21
|
$4,000 | $39,918 | $100,000 | $4,000 | $16,000 | |||||
22
|
$4,000 | $36,115 | $100,000 | $4,000 | $12,000 | |||||
23
|
$4,000 | $32,199 | $100,000 | $4,000 | $8,000 | |||||
24
|
$4,000 | $28,165 | $100,000 | $4,000 | $4,000 | |||||
25
|
$4,000 | $24,010 | $100,000 | $4,000 | $0 | |||||
26
|
$4,000 | $19,730 | $100,000 | $4,000 | $0 | |||||
27
|
$4,000 | $15,322 | $100,000 | $4,000 | $0 | |||||
28
|
$4,000 | $10,782 | $100,000 | $4,000 | $0 | |||||
29
|
$4,000 | $6,105 | $100,000 | $4,000 | $0 | |||||
30
|
$4,000 | $1,288 | $100,000 | $4,000 | $0 | |||||
31
|
$4,000 | $0 | $100,000 | $4,000 | $0 | |||||
32
|
$4,000 | $0 | $100,000 | $4,000 | $0 | |||||
33
|
$4,000 | $0 | $100,000 | $4,000 | $0 | |||||
34
|
$4,000 | $0 | $100,000 | $4,000 | $0 | |||||
• | Protected Payment Base = Initial Purchase Payment = $100,000 | |
• | Remaining Protected Balance = Initial Purchase Payment = $100,000 |
• | Protected Payment Amount = 4% of Protected Payment Base = $4,000 |
• | the age of each Annuitant is 85 years or younger on the date of purchase, |
• | the date of the purchase is at least 10 years before your selected Annuity Date, and |
• | you allocate your entire Contract Value according to the Investment Allocation Requirements. |
(a) | is 80% of the Contract Value at the start of the Term, |
(b) | is 80% of each subsequent Purchase Payment received during the first year of the Term, and |
(c) | is a pro rata adjustment for withdrawals made from the Contract during the Term. The adjustment for each withdrawal is calculated by multiplying the Guaranteed Protection Amount prior to the withdrawal by the ratio of the amount of the withdrawal, including any applicable withdrawal charges, premium taxes, and/or other taxes, to the Contract Value immediately prior to the withdrawal. |
• | the day any portion of the Contract Value is no longer allocated according to the Investment Allocation Requirements, |
• | the day we receive notification from the Owner to terminate the Rider, |
• | the date a full withdrawal of the amount available for withdrawal is made under the Contract, |
• | the date of the first death of an Owner or the date of death of the sole surviving Annuitant, |
• | for Contracts with a Non-Natural Owner, the date of the first death of an Annuitant, including Primary, Joint and Contingent Annuitants, |
• | the day you exchange this Rider for another accumulation benefit Rider, |
• | the date the Contract is terminated according to the provisions of the Contract, or |
• | the Annuity Date. |
• | Initial Purchase Payment = $100,000 |
• | Rider Effective Date = Contract Date |
• | A subsequent Purchase Payment of $20,000 is received in Contract Year 1 and $10,000 is received in Contract Year 3. |
• | A withdrawal of $10,000 is taken during Contract Year 7. |
Beginning |
Purchase |
Guaranteed |
Amount |
|||||||
of Contract |
Payments |
Withdrawal |
Contract |
Protection |
added to the |
|||||
Year | Received | Amount | Value | Amount | Contract Value | |||||
1
|
$100,000 | $100,000 | $80,000 | |||||||
Activity
|
$20,000 | $122,000 | $96,000 | |||||||
2
|
$122,000 | $96,000 | ||||||||
3
|
$124,440 | $96,000 | ||||||||
Activity
|
$10,000 | $136,929 | $96,000 | |||||||
4
|
$136,929 | $96,000 | ||||||||
5
|
$139,668 | $96,000 | ||||||||
6
|
$142,461 | $96,000 | ||||||||
7
|
$128,215 | $96,000 | ||||||||
Activity
|
$10,000 | $105,393 | $87,681 | |||||||
8
|
$94,854 | $87,681 | ||||||||
9
|
$85,368 | $87,681 | ||||||||
10
|
$76,831 | $87,681 | ||||||||
Values at End of 10th Year |
$69,148 $87,681 |
$87,681 $0 |
$18,533 | |||||||
(a) | is 80% of the Contract Value at the start of the Term, |
(b) | is 80% of the amount of each subsequent Purchase Payment received during the first year of the Term, and |
(c) | is a pro rata adjustment for withdrawals made from the Contract during the Term. The adjustment for each withdrawal is calculated by multiplying the Guaranteed Protection Amount prior to the withdrawal by the ratio of the amount of the withdrawal, including any applicable withdrawal charges, premium taxes, and/or other taxes, to the Contract Value immediately prior to the withdrawal. |
• | Guaranteed Protection Amount = 80% of Initial Purchase Payment = $80,000 ($80,000 + 0 − 0 = $80,000) |
PART II
Part C: OTHER INFORMATION
Item 24. Financial Statements and Exhibits
(a) | Financial Statements |
Part A: None |
Part B: |
(1) | Registrant’s Financial Statements [TO BE FILED] | ||
Audited Financial Statements dated as of December 31, 2008 and for each of the periods presented which are incorporated by reference from the 2008 Annual Report include the following for Separate Account A: |
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 [TO BE FILED] | ||
Audited Consolidated Financial Statements dated as of December 31, 2008 and 2007, and for each of the three years in the period ended December 31, 2008, 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 Account A and Memorandum establishing Separate Account A.1 | ||
(b) | Memorandum Establishing Two New Variable Accounts — Aggressive Equity and Emerging Markets Portfolios.1 | |||
(c) | Resolution of the Board of Directors of Pacific Life Insurance Company authorizing conformity to the terms of the current Bylaws.2 |
II-1
2. | Not applicable | |||||||
3. |
(a) |
Distribution Agreement between Pacific Life Insurance Company (formerly Pacific Mutual Life
Insurance Company) and Pacific Select Distributors, Inc. (“PSD”)(formerly Pacific Equities Network)1 |
||||||
(b) | Form of Selling Agreement between Pacific Life, PSD and Various Broker Dealers11 | |||||||
4. |
(a) |
Form
of Individual Flexible Premium Deferred Variable Annuity Contract
(Form No. 10-1130)12 |
||||||
(b) | (1) 403(b) Tax-Sheltered Annuity Rider (Form No. 20-15200)12 | |||||||
(2) 403(b) Tax-Sheltered Annuity Rider (Form No. 20-1156)18 | ||||||||
(c) | Section 457 Plan Rider (Form No. 24-123799)12 | |||||||
(d) | Individual Retirement Annuity Rider (Form No. 20-18900)5 | |||||||
(e) | Roth Individual Retirement Annuity Rider (Form No. 20-19000)5 | |||||||
(f) | SIMPLE Individual Retirement Annuity Rider (Form No. 20-19100)5 | |||||||
(g) | Qualified Retirement Plan Rider (Form No. 20-14200)12 | |||||||
(h) | Guaranteed Earnings Enhancement (EEG) Rider (Form No. 20-14900)3 | |||||||
(i) | Form of Guaranteed Protection Advantage 5 Rider (Form No. 20-19600)7 | |||||||
(j) |
(1) |
Form
of Income Access Rider (Form No. 20-1104)7 |
||||||
(2) |
Income
Access Endorsement (Form No. 15-1122)10 |
|||||||
(3) |
Form
of Excess Withdrawal Endorsement (Form No. 15-1152C)17 |
|||||||
(k) | Form of DCA Plus Fixed Option Rider (Form No. 20-1103)6 | |||||||
(l) | Guaranteed Income Annuity Rider (Form No. 20-1118)8 | |||||||
(m) | Stepped-Up Death Benefit Rider (Form No. 20-1117)8 | |||||||
(n) | (1) | 5% Guaranteed Withdrawal Benefit Rider (Form No. 20-1131)13 | ||||||
(2) |
Form
of Excess Withdrawal Endorsement (Form No. 15-1152)17 |
|||||||
(o) | (1) | Form of joint Life 5% Guaranteed Withdrawal Benefit Rider (Form No. 20-1135)14 | ||||||
(2) |
Form
of Excess Withdrawal Endorsement (Form No. 15-1152B)17 |
|||||||
(p) | Form of Guaranteed Protection Advantage 3 Rider (Form No. 20-1145)15 | |||||||
(q) | (1) | Form of Guaranteed Withdrawal Benefit II Rider (Form No. 20-1146)15 | ||||||
(2) |
Form
of Excess Withdrawal Endorsement (Form No. 15-1152)17 |
|||||||
(r) | Form of Guaranteed Withdrawal Benefit III Rider (Form No. 20-1153)17 | |||||||
(s) | Form of Guaranteed Withdrawal Benefit Rider (Form No. 20-1154)17 | |||||||
(t) | Form of Joint Life Guaranteed Withdrawal Benefit Rider (Form No. 20-1155)17 | |||||||
(u) | Form of Core Protect Advantage Rider (Form No. 20-1161) | |||||||
(v) | Form of Core Withdrawal Benefit Rider (Form No. 20-1162) | |||||||
5. |
(a) |
Form
of Variable Annuity Application. (Form No. 25-1130)12 |
||||||
(b) |
Portfolio Optimization Enrollment/Rider Request Form (Form No.
2150-6B)11 |
|||||||
6. |
(a) |
Pacific
Life’s Articles of Incorporation2 |
||||||
(b) |
By-laws of Pacific Life2 |
|||||||
(c) |
Pacific
Life’s Restated Articles of Incorporation11 |
|||||||
(d) |
By-laws
of Pacific Life As Amended September 1, 200511 |
|||||||
7. | Form of Reinsurance Agreement16 | |||||||
8. | (a) |
Pacific
Select Fund Participation Agreement4 |
||||||
(b) |
Fund
Participation Agreement Between Pacific Life Insurance Company, Pacific Select |
|||||||
Distributions, Inc., American Funds Insurance Series,
American Funds Distributors, |
||||||||
and Capital Research and Management
Company9 |
||||||||
(c) |
Form
of Exhibit B to the Pacific
Select Fund Participation Agreement (to add International Small-Cap
and Diversified
Bond)11 |
|||||||
(d) |
Form
of AllianceBernstein Variable Products Series Fund, Inc.
Participation Agreement17 |
|||||||
(e) |
Form
of BlackRock Variable Series Fund, Inc. Participation Agreement17 |
|||||||
(f) |
Form
of Franklin Templeton Variable Insurance Products Trust Participation Agreement17 |
|||||||
(g) |
Form
of AllianceBernstein Investments, Inc. Administrative Services Agreement17 |
|||||||
(h) |
Form
of BlackRock Distributors, Inc. Administrative Services Agreement17 |
|||||||
(i) |
Form
of Franklin Templeton Services, LLC Administrative Services Agreement17 |
|||||||
(j) |
Form of AIM Variable Insurance Funds Participation Agreement18 |
|||||||
(k) |
Form of Invesco Aim Distributors, Inc. Distribution Services Agreement18 |
|||||||
(l) |
Form of Invesco Aim Advisors, Inc. Administrative Services Agreement18 |
|||||||
(m) |
Form of GE Investments Funds, Inc. Participation Agreement18 |
|||||||
(n) |
Form of GE Investment Distributors, Inc. Distribution and Services Agreement18 |
|||||||
(o) |
Form
of Van Kampen Life Investment Trust Participation Agreement18 |
|||||||
(p) |
Form
of Van Kampen Funds, Inc. Shareholder Service Agreement18 |
|||||||
(q) |
Form
of Van Kampen Asset Management Administrative Services Letter
Agreement18 |
|||||||
9. | Opinion and Consent of legal officer of Pacific Life Insurance Company as to the legality of Contracts being registered12. |
II-2
10. |
Consent of Independent Registered
Public Accounting Firm and Consent of Independent Auditors16 |
|
11. |
Not applicable |
|
12. |
Not applicable |
|
| ||
13. |
Powers of Attorney |
|
|
1 | Included in Registrant’s Form N-4, File No. 33-88460, Accession No. 0000898430-96-001377 filed on April 19, 1996, and incorporated by reference herein. | |
2 | Included in Registrant’s Form N-4, File No. 33-88460, Accession No. 0001017062-98-000945 filed on April 29, 1998, and incorporated by reference herein. | |
3 | Included in Registrant’s Form N-4/A, File No. 33-88460, Accession No. 0001017062-01-000459 filed on March 2, 2001, and incorporated by reference herein. | |
4 | Included in Registrant’s Form N-4/A, File No. 33-88460, Accession No. 0001017062-01-500083 filed on April 25, 2001, and incorporated by reference herein. | |
5 | Included in Registrant’s Form N-4/B, File No. 033-88460, Accession No. 0001017062-02-002150 filed on December 19, 2002, and incorporated by reference herein. | |
6 | Included in Registrant’s Form N-4/A, File No. 033-88460, Accession No. 0001193125-03-099259 filed on December 24, 2003, and incorporated by reference herein. | |
7 | Included in Registrant’s Form N-4/B, File No. 033-88460, Accession No. 0001193125-04-031337 filed on February 27, 2004, and incorporated by reference herein. | |
8 | Included in Registrant’s Form N-4/A, File No. 033-88460, Accession No. 0000892569-04-000888 filed on October 15, 2004, and incorporated by reference herein. | |
9 | Included in Registrant’s Form N-4/B, File No. 333-93059, as Exhibit 8(e), Accession No. 0000892569-05-000253 filed on April 19, 2005, and incorporated by reference herein. | |
10 | Included in Registrant’s Form N-4/B, File No. 033-88460, Accession No. 0000892569-05-000440 filed on June 15, 2005, and incorporated by reference herein. | |
11 | Included in Registrant’s Form N-4/B, File No. 033-88460, Accession No. 0000892569-06-000528 filed on April 18, 2006, and incorporated by reference herein. | |
12 | Included in Registrant’s Form N-4, File No. 333-136597, Accession No. 0000892569-06-000999 filed on August 14, 2006, and incorporated by reference herein. | |
13 | Included in Registrant’s Form N-4, File No. 333-136597, Accession No. 0000892569-06-001482 filed on December 20, 2006, and incorporated by reference herein. | |
14 | Included in Registrant’s Form N-4/A, File No. 333-136597, Accession No. 0000892569-07-000095 filed on February 9, 2007, and incorporated by reference herein. | |
15 | Included in Registrant’s Form N-4/A, File No. 333-141135, Accession No. 0000892569-07-001521 filed on December 12, 2007, and incorporated by reference herein. | |
16 | Included in Registrant’s Form N-4/B, File No. 333-136597, Accession No. 0000892569-08-000624 filed on April 22, 2008, and incorporated by reference herein. | |
17 | Included in Registrant’s Form N-4/A, File No. 333-136597, Accession No. 0000892569-08-000961 filed on July 2, 2008, and incorporated by reference herein. | |
18 | Included in Registrant’s Form N-4/B, File No. 333-136597, Accession No. 0000892569-08-001559 filed on December 4, 2008, and incorporated by reference herein. | |
Item 25. Directors and Officers of Pacific Life
Positions and Offices | ||
Name and Address | with Pacific Life | |
James T. Morris | Director, Chairman, President and Chief Executive Officer | |
Khanh T. Tran | Director, Executive Vice President and Chief Financial Officer | |
Sharon A. Cheever | Director, Senior Vice President and General Counsel | |
Audrey L. Milfs | Director, Vice President and Secretary | |
Edward R. Byrd |
Senior Vice President and Chief Accounting Officer |
|
Brian D. Klemens | Vice President and Controller | |
Dewey P. Bushaw | Executive Vice President | |
Denis P. Kalscheur | Vice President and Treasurer | |
The address for each of the persons listed above is as follows:
700 Newport Center Drive
Newport Beach, California 92660
II-3
Jurisdiction of | Percentage of | |||||||
Incorporation or | Ownership by its | |||||||
Organization | Immediate Parent | |||||||
Pacific Mutual Holding Company |
Nebraska | |||||||
Pacific LifeCorp |
Delaware | 100 | ||||||
Pacific Life Insurance Company |
Nebraska | 100 | ||||||
Pacific Life & Annuity Company |
Arizona | 100 | ||||||
Pacific Select Distributors, Inc. |
California | 100 | ||||||
Pacific Select, 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 | ||||||
CW Atlanta, LLC |
Delaware | 100 | ||||||
City Walk Towers, LLC |
Delaware | 100 | ||||||
Kinzie Member, LLC |
Delaware | 100 | ||||||
Parcel B Owner LLC |
Delaware | 88 | ||||||
Kinzie Parcel A Member, LLC |
Delaware | 100 | ||||||
Parcel A Owner LLC |
Delaware | 90 | ||||||
Kierland One, LLC |
Delaware | 100 | ||||||
PL/KBS Fund Member, LLC |
Delaware | 100 | ||||||
KBS/PL Properties, L.P.# |
Delaware | 99.9 | ||||||
Wildflower Member, LLC |
Delaware | 100 | ||||||
Epoch-Wildflower, LLC |
Florida | 99 | ||||||
Confederation Life Insurance and Annuity Company |
Georgia | 100 | ||||||
Pacific Life Fund Advisors LLC + |
Delaware | 100 | ||||||
Pacific Alliance Reinsurance Company of Vermont |
Vermont | 100 | ||||||
Pacific Mezzanine Associates L.L.C. |
Delaware | 67 | ||||||
Pacific Mezzanine Investors L.L.C.# |
Delaware | 100 | ||||||
College Savings Bank |
New Jersey | 100 | ||||||
Pacific Asset Funding, LLC |
Delaware | 100 | ||||||
PL Trading Company, LLC |
Delaware | 100 | ||||||
Pacific Life Trade Services, Limited |
Hong Kong | 100 | ||||||
Pacific Life & Annuity Services, Inc. |
Colorado | 100 | ||||||
Bella Sera Holdings, LLC |
Delaware | 100 | ||||||
Pacific Life Re Holdings LLC |
Delaware | 100 | ||||||
Pacific Life Re Holdings Limited |
U.K. | 100 | ||||||
Pacific Life
Re Services Limited |
U.K. | 100 | ||||||
Pacific Life
Re Limited |
U.K. | 100 | ||||||
Pacific Alliance Reinsurance Ltd. |
Bermuda | 100 | ||||||
Aviation Capital Group Corp. |
Delaware | 100 | ||||||
ACG Acquisition Corporation V |
Delaware | 100 | ||||||
ACG Acquisition 41 LLC |
Delaware | 100 | ||||||
ACG Acquisition 42 LLC |
Delaware | 100 | ||||||
ACG International Ltd. |
Bermuda | 100 | ||||||
ACG Acquisition Ireland III Limited |
Ireland | 100 | ||||||
ACG Acquisition Ireland IV Ltd. |
Ireland | 100 | ||||||
ACG Acquisition Ireland V Ltd. |
Ireland | 100 | ||||||
ACG
Investment Capital Partners LLC |
Delaware | 50 | ||||||
MAPF Holdings LLC |
Delaware | 23 | (approx.) | |||||
ACG Acquisition VI LLC |
Nevada | 50 | ||||||
ACG Acquisition XIX LLC |
Delaware | 20 | ||||||
ACG XIX Holding LLC |
Delaware | 100 | ||||||
Aviation Capital Group Trust |
Delaware | 100 | ||||||
ACG Acquisition XV LLC |
Delaware | 100 | ||||||
ACG Acquisition XX LLC |
Delaware | 100 | ||||||
ACG Acquisition Ireland Limited |
Ireland | 100 | ||||||
ACG Acquisition Labuan Ltd. |
Labuan | 100 | ||||||
ACG Acquisitions Sweden AB |
Sweden | 100 | ||||||
ACG
Acquisitions (Bermuda) Ltd. |
Bermuda | 100 | ||||||
ACG Acquisition XXI LLC |
Delaware | 100 | ||||||
ACG Trust 2004 -1 Holding LLC |
Delaware | 100 | ||||||
ACG Funding Trust 2004-1 |
Delaware | 100 | ||||||
ACG Acquisition 30746 LLC |
Delaware | 100 | ||||||
ACG Trust II Holding LLC |
Delaware | 100 | ||||||
Aviation Capital Group Trust II |
Delaware | 100 | ||||||
ACG Acquisition XXV LLC |
Delaware | 100 | ||||||
ACG Acquisition 37 LLC |
Delaware | 100 | ||||||
ACG Acquisition 38 LLC |
Delaware | 100 | ||||||
ACG Acquisition Ireland II Limited |
Ireland | 100 | ||||||
ACG Acquisition (Bermuda) II Ltd. |
Bermuda | 100 | ||||||
ACG Acquisition XXIX LLC |
Delaware | 100 | ||||||
ACG Acquisition XXX LLC |
Delaware | 100 | ||||||
ACG Acquisition 31 LLC |
Delaware | 100 | ||||||
ACG Acquisition 32 LLC |
Delaware | 100 | ||||||
ACG Acquisition 33 LLC |
Delaware | 100 | ||||||
ACG Acquisition 34 LLC |
Delaware | 100 | ||||||
ACG Acquisition 36 LLC |
Delaware | 100 | ||||||
ACG Acquisition 39 LLC |
Delaware | 100 | ||||||
ACGFS LLC |
Delaware | 100 | ||||||
ACG Acquisition 35 LLC |
Delaware | 100 | ||||||
Boullioun Aviation Services Inc. |
Washington | 100 | ||||||
Boullioun Aviation Services (International) Inc. |
Washington | 100 | ||||||
Boullioun Aircraft Holding Company, Inc. |
Washington | 100 | ||||||
Boullioun Portfolio Finance III LLC |
Nevada | 100 | ||||||
ACG Funding 2005-1 Holding LLC |
Delaware | 100 | ||||||
ACG Funding Trust 2005-1 |
Delaware | 100 | ||||||
ACG III Holding LLC |
Delaware | 100 | ||||||
ACG Trust III |
Delaware | 100 | ||||||
RAIN I LLC |
Delaware | 100 | ||||||
RAIN II LLC |
Delaware | 100 | ||||||
RAIN III LLC |
Delaware | 100 | ||||||
RAIN IV LLC |
Delaware | 100 | ||||||
RAIN V LLC |
Delaware | 100 | ||||||
RAIN VI LLC |
Delaware | 100 | ||||||
RAIN VII LLC |
Delaware | 100 | ||||||
RAIN VIII LLC |
Delaware | 100 | ||||||
ACG Acquisition 30271 LLC |
Delaware | 100 | ||||||
ACG Acquisition 30286 LLC |
Delaware | 100 | ||||||
ACG Acquisition 30744 LLC |
Delaware | 100 | ||||||
ACG Acquisition 30745 LLC |
Delaware | 100 | ||||||
ACG Acquisition 30293 LLC |
Delaware | 100 | ||||||
ACG Acquisition 1176 LLC |
Delaware | 100 | ||||||
0168 Statutory Trust |
Connecticut | 100 | ||||||
0179 Statutory Trust |
Connecticut | 100 | ||||||
Bellevue Aircraft Leasing Limited |
Ireland | 100 | ||||||
Rainier Aircraft Leasing (Ireland) Limited |
Ireland | 100 | ||||||
ACG Acquisition (Cyprus) Ltd. |
Cyprus | 100 | ||||||
ACG 2006-ECA LLC |
Delaware | 100 | ||||||
ACG Acquisition 2692 LLC |
Delaware | 100 | ||||||
ACG ECA-2006 Ireland Limited |
Ireland | 100 | ||||||
ACG Acquisition 2987 LLC |
Delaware | 100 | ||||||
ACG Acquisition 3141 LLC |
Delaware | 100 | ||||||
ACG Acquisition Aruba NV |
Aruba | 100 | ||||||
ACG Trust 2006-1 Holding LLC |
Delaware | 100 | ||||||
ACG Funding Trust 2006-1 |
Delaware | 100 | ||||||
ACG Capital Partners LLC |
Delaware | 50 | ||||||
Bellevue Coastal Leasing LLC |
Washington | 100 | ||||||
ACG Capital Partners Ireland Limited |
Ireland | 100 | ||||||
ACG Acquisition 30288 LLC |
Delaware | 100 | ||||||
ACGCP Acquisition 979 LLC |
Delaware | 100 |
# | Abbreviated structure |
|
+ | A Division of Pacific Life Fund Advisors LLC does business as Pacific Asset Management |
C:
Item 27. Number of Contractholders
Pacific Voyages - Approximately | |
21,207 | Qualified | |||||
|
13,712 | Non Qualified | ||||||
Item 28. Indemnification
(a) | The Distribution Agreement between Pacific Life and Pacific Select Distributors, Inc. (PSD) provides substantially as follows: |
Pacific Life hereby agrees to indemnify and hold harmless PSD and its officers and directors, and employees for any expenses (including legal expenses), losses, claims, damages, or liabilities incurred by reason of any untrue or alleged untrue statement or representation of a material fact or any omission or alleged omission to state a material fact required to be stated to make other statements not misleading, if made in reliance on any prospectus, registration statement, post effective amendment thereof, or sales materials supplied or approved by Pacific Life or the Separate Account. Pacific Life shall reimburse each such person for any legal or other expenses reasonably incurred in connection with investigating or defending any such loss, liability, damage, or claim. However, in no case shall Pacific Life be required to indemnify for any expenses, losses, claims, damages, or liabilities which have resulted from the willful misfeasance, bad faith, negligence, misconduct, or wrongful act of PSD. |
PSD hereby agrees to indemnify and hold harmless Pacific Life, its officers, directors, and employees, and the Separate Account for any expenses, losses, claims, damages, or liabilities arising out of or based upon any of the following in connection with the offer or sale of the contracts: (1) except for such statements made in reliance on any prospectus, registration statement or sales material supplied or approved by Pacific Life or the Separate Account, any untrue or alleged untrue statement or representation is made; (2) any failure to deliver a currently effective prospectus; (3) the use of any unauthorized sales literature by any officer, employee or agent of PSD or Broker; (4) any willful misfeasance, bad faith, negligence, misconduct or wrongful act. PSD shall reimburse each such person for any legal or other expenses reasonably incurred in connection with investigating or defending any such loss, liability, damage, or claim. |
(b) | The Form of Selling Agreement between Pacific Life, Pacific Select Distributors, Inc. (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. |
II-5
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 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.
II-6
C:
Item 29. Principal Underwriters
(a) | PSD also acts as principal underwriter for Pacific Select Variable Annuity Separate Account, Separate Account B, Pacific Corinthian Variable Separate Account, Pacific Select Separate Account, Pacific Select Exec Separate Account, COLI Separate Account, COLI II Separate Account, COLI III Separate Account, Separate Account A of Pacific Life & Annuity Company, Pacific Select Exec Separate Account of Pacific Life & Annuity Company, |
(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. C:
Item 31. Management Services
Not applicable C:
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. |
II-7
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.
(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.
II-8
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(a) for effectiveness of this Registration Statement and has caused this Post-Effective Amendment No. 12 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 9th day of February, 2009.
SEPARATE ACCOUNT A | ||||
(Registrant) | ||||
By: | PACIFIC LIFE INSURANCE COMPANY | |||
By: | ||||
James T. Morris* | ||||
Director, Chairman, President and Chief Executive Officer | ||||
By: | PACIFIC LIFE INSURANCE COMPANY (Depositor) |
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By: | ||||
James T. Morris* | ||||
Director, Chairman, President and Chief Executive Officer | ||||
Pursuant to the requirements of the Securities Act of 1933, Post-Effective Amendment No. 12 to the Registration Statement has been signed by the following persons in the capacities and on the dates indicated:
Signature | Title | Date | ||
James T. Morris* |
Director, Chairman, President and Chief Executive Officer | February 9, 2009 | ||
Khanh T. Tran* |
Director, Executive Vice President and Chief Financial Officer |
February 9, 2009 | ||
Sharon A. Cheever* |
Director, Senior Vice President and General Counsel |
February 9, 2009 | ||
Audrey L. Milfs* |
Director, Vice President and Secretary | February 9, 2009 | ||
Edward R. Byrd* |
Senior Vice President and Chief Accounting Officer |
February 9, 2009 | ||
Brian D. Klemens* |
Vice President and Controller | February 9, 2009 | ||
Dewey P. Bushaw* |
Executive Vice President | February 9, 2009 |
*By: | /s/ SHARON A. CHEEVER | February 9, 2009 | ||||
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Sharon A. Cheever as attorney-in-fact |
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(Powers of Attorney are contained in this Registration Statement as Exhibit 13).
This ‘485APOS’ Filing | Date | Other Filings | ||
---|---|---|---|---|
5/1/09 | 485BPOS, 497 | |||
Filed on: | 2/9/09 | CORRESP | ||
1/1/09 | ||||
12/31/08 | 24F-2NT, N-30D, NSAR-U | |||
12/4/08 | 485BPOS | |||
9/11/08 | 485BPOS | |||
7/2/08 | 485APOS | |||
4/22/08 | 485BPOS | |||
12/31/07 | 24F-2NT, EFFECT, N-30D, NSAR-U, NT-NSAR | |||
12/12/07 | 485APOS, CORRESP | |||
2/9/07 | 485APOS | |||
12/20/06 | 485BPOS | |||
8/14/06 | N-4 | |||
4/18/06 | 485BPOS | |||
9/1/05 | ||||
6/15/05 | 485BPOS | |||
4/19/05 | 485BPOS | |||
10/15/04 | 485APOS | |||
2/27/04 | 485BPOS, NSAR-U | |||
12/24/03 | 485APOS | |||
12/19/02 | 485BPOS | |||
4/25/01 | 485BPOS | |||
3/2/01 | 485APOS | |||
4/29/98 | 485BPOS | |||
4/19/96 | N-4/A | |||
List all Filings |