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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. 293
x
PACIFIC SELECT EXEC SEPARATE
ACCOUNT OF PACIFIC LIFE INSURANCE COMPANY
(Exact Name of Registrant)
PACIFIC LIFE INSURANCE COMPANY
(Name of Depositor)
700 Newport Center Drive Newport Beach, California92660
(Address of Depositor’s Principal Executive Offices) (Zip Code)
(949) 219-7286
(Depository’s Telephone Number, including Area Code)
Charlene Grant
Assistant Vice President
Pacific Life Insurance Company
700 Newport Center Drive Newport Beach, California92660
(Name and Address of Agent for Service)
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
o
on pursuant to paragraph (b) of Rule 485
þ
60 days after filing pursuant to paragraph (a)(1) of Rule 485
o
on pursuant to paragraph (a)(1) of Rule 485
If appropriate, check the following box:
o
This post-effective amendment designates a
new date for a previously filed
post-effective amendment.
Title of
Securities being registered: interests in the Separate Account under
M’s Versatile Product VII, M’s Versatile Product VIII and
M’s Versatile Product IX Flexible
Premium Variable Life Insurance Policies.
Filing
fee: None
This
Post-Effective Amendment No. 12 to the Registration Statement on Form
N-6 (File Nos. 333-152224, 811-05563) is being filed pursuant to Rule
485(a) under the Securities Act of 1933, as amended, to supplement
the Registration Statement with a separate Prospectus and Statement
of Additional Information. This Amendment does not otherwise delete,
amend, or supercede any Prospectus, Statement of Additional
Information, exhibit, or other information contained in prior
Amendments to the Registration Statement.
C:C:
Supplement dated
May 1, 2011 to the Prospectus dated May 1, 2011 for
M’s Versatile Product IX Flexible Premium Variable
Universal Life Insurance Policy
Issued by Pacific Life Insurance Company
In this supplement, you and your mean the
Policyholder or Owner. Pacific Life, we, us, and our
refer to Pacific Life Insurance Company. You’ll find an
explanation of what terms used in this supplement mean, as well
as a detailed description of the Policy, in the accompanying
variable life insurance policy. Except as described below, all
features and procedures of each Policy described in its
prospectus remain intact.
This supplement describes the Indexed Fixed Account, an
additional Investment Option under the Policy. Currently, there
is one Investment Option in the Indexed Fixed Account (an
Indexed Account), the 1 Year Indexed Option. We reserve the
right to add additional Indexed Fixed Accounts or to cease
offering one or more of the Indexed Fixed Accounts at any time.
We will notify you of any change at your address on file with us.
C:
We have not registered the Indexed Fixed Account with the
SEC. Disclosures regarding the Indexed Fixed Account, however,
are subject to certain generally applicable provisions of the
federal securities laws relating to the accuracy and
completeness of statements made in the prospectus.
Pacific Life believes that the Indexed Fixed Account provides
sufficient guarantees and elements of insurance to support
Pacific Life’s determination that the Indexed Fixed Account
currently qualifies for an exemption from registration under the
federal securities laws for an insurance policy. However, there
is necessarily some uncertainty about the availability of this
exemption for any insurance product or feature that does not fit
within an SEC safe harbor from registration, Rule 151 (the
Indexed Fixed Account does not fit within that safe harbor), and
this uncertainty is heightened for an indexed product or feature
such as the Indexed Fixed Account. Therefore, there is risk that
a court would disagree with Pacific Life’s determination.
C:
You may allocate all or part of your Net Premium and your
Accumulated Value to the Indexed Fixed Account if certain
conditions are met. All such allocations are transferred from
the Fixed Account into the Indexed Fixed Account on a Segment
Start Date (currently, the 15th of each month).
We create a Segment for each allocation to an Indexed Account.
We credit interest two ways to each Segment: One way, is that at
the end of a one-year period (the Segment Maturity), we credit
interest based in part on any positive change in the S&P
500®
Index.1
This positive change, however, is limited by the Growth Cap (as
discussed below, the Growth Cap includes the Cumulative Segment
Guaranteed Interest Rate). The other way, is that every day we
credit interest on Accumulated Value in the Segment based on a
minimum interest rate, 1% annually for the 1 Year Indexed
Account (the Segment Guaranteed Interest Rate, as shown in the
Policy Specifications). We refer to the total interest we credit
to a Segment as the Total Interest Credited.
The prospectus is amended as described below.
I. The Investment Options subsection of the
BENEFITS AND RISKS OF M’S VERSATILE PRODUCT
VIII – Benefits of your Policy section is amended
by adding the following at the end of the first paragraph: You
may also invest in the Indexed Fixed Account.
II. The Investment Options subsection of the
BENEFITS AND RISKS OF M’S VERSATILE PRODUCT
VIII – Benefits of your Policy section also is
amended by adding the following at the end of the second
paragraph: If you allocate your Net Premiums or Accumulated
Value to the Indexed Fixed Account, you will not be able to
transfer that Indexed Fixed Accumulated Value until the end of a
Segment Term.
III. The Investment Performance subsection of
the BENEFITS AND RISKS OF M’S VERSATILE PRODUCT
VIII – Risks of your Policy section is amended by
adding the following: The value in the Indexed Account is based
on the two ways we credit interest to a Segment. Segment Indexed
Interest in part is based on any positive change in an external
index. There is no guarantee that Segment Indexed Interest will
be greater than zero. However, Segment Guaranteed Interest is
credited daily to a Segment and is guaranteed.
In addition, we assess an asset charge on Indexed Fixed
Accumulated Value.
IV. If you allocate all or any of your Net Premiums
and/or
Accumulated Value to the Indexed Account, there are additional
risk factors that you should consider. Therefore, the
BENEFITS AND RISKS OF M’S VERSATILE PRODUCT
VIII – Risks of your Policy section is amended by
adding the following after Tax Consequences of Withdrawals,
Surrenders and Loans:
•
Indexed Interest Crediting Risk
We credit interest daily to Accumulated Value in the Indexed
Account (this is the Segment Guaranteed Interest and currently,
is 1% annually for the 1 year Indexed Account). We also
credit interest at Segment Maturity to Accumulated Value in the
Indexed
C:C:C:
1 “Standard &
Poor’s”, “Standard & Poor’s
500®”
and “S&P
500®”
are trademarks of The McGraw-Hill Companies, Inc. and have been
licensed for use by Pacific Life Insurance Company. The Product
is not sponsored, endorsed, sold or promoted by
Standard & Poor’s and Standard &
Poor’s makes no representation regarding the advisability
of purchasing the Product.
C:
C:
Account that in part is based on any positive change in the
Index (this is the Segment Indexed Interest). If the underlying
Index remains level or declines over a prolonged period of time
and we have not credited Segment Indexed Interest, you may need
to increase your premium payments to prevent the Policy from
lapsing.
•
Risks that We May Eliminate or Substitute the Index
There is no guarantee that the Index described in this
supplement will be available during the entire time you own your
Policy. If the Index is discontinued or we are unable to utilize
it, we may substitute a successor index of our choosing. If we
do so, the performance of the new index would differ from the
Index. This, in turn, may affect the Segment Indexed Interest
you earn.
•
Risk that We May No Longer Offer the Indexed Fixed Account
There is no guarantee that we will offer the Indexed Fixed
Account during the entire time you own your Policy. We may
discontinue offering the Indexed Fixed Account at any time. If
we discontinue the Indexed Fixed Account, you may transfer
Indexed Fixed Accumulated Value to any other Investment Options
consistent with your Policy’s investment restrictions.
•
No ownership rights
An allocation to the Indexed Fixed Account is not equivalent to
investing in the underlying stocks comprising the Index. You
will have no ownership rights in the underlying stocks
comprising the Index, such as voting rights, dividend payments,
or other distributions. Also, we are not affiliated with the
Index or the underlying stocks comprising the Index.
Consequently, the Index and the issuers of the underlying stocks
comprising the Index have no involvement with the Policy.
•
Costs of Managing Segment Indexed Interest
We manage our obligation to credit Segment Indexed Interest in
part by purchasing call options on the Index and by
prospectively adjusting the Growth Cap on Segment Start Dates to
reflect changes in the costs of purchasing such call options
(the price of call options vary with market conditions). In
certain cases, we may reduce the Growth Cap for a future
Segment. If we do so, the amount of the Segment Indexed Interest
which you may otherwise have received would be reduced. However,
we will never reduce the Growth Cap below 3%.
•
Change in Growth Cap
We determine the Growth Cap under the Indexed Account. The
Growth Cap is currently 11% and we cannot set it lower than the
minimum Growth Cap of 3%. We may increase or decrease the Growth
Cap for future Segments, but the Growth Cap will never be less
than 3%.
V. FEE TABLES is amended by adding the following:
The following table describes the fees and expenses that you
will pay if you allocate all or a portion of your Policy’s
Accumulated Value to the Indexed Fixed Account:
C:
C:
AMOUNT
DEDUCTED—
WHEN CHARGE IS
MAXIMUM
GUARANTEED
AMOUNT
DEDUCTED—
CHARGE
DEDUCTED
CHARGE
CURRENT
CHARGES
Indexed Account charge
Monthly Payment Date
0.30% annually (0.025% monthly) of Indexed Fixed Accumulated
Value
Same
VI. We use certain terms to describe the Indexed
Fixed Account. To define those terms, TERMS USED IN THIS
PROSPECTUS is amended as follows:
Accumulated
Value –
the total amount of your Policy’s Variable
Accumulated Value, Fixed Accumulated Value, Indexed Fixed
Accumulated Value and the Loan Accumulated Value, on any
Business Day.
Closing
Value –
the value of the Index as of the close of the New York
Stock Exchange, which is usually 4:00 p.m. Eastern
time. If no closing value is published for a given day, we will
use the closing value for the next day for which closing value
is published.
Cumulative
Segment Guaranteed Interest
Rate –
the Segment Guaranteed Interest Rate compounded annually
for the number of years in the Segment Term.
Cutoff
Date –
two Business Days before the Segment Start Date.
Designated
Amount –
the amount you instruct us to allocate to Indexed Fixed
Account. We will only transfer the Designated Amount (or such
lesser amount if Policy charges have been deducted, or if you
have taken a withdrawal or loan) to the Indexed Fixed Account on
a Segment Start Date. Any interest earned on the Designated
Amount while it is allocated to the Fixed Account will not be
transferred to the Indexed Fixed Account on a Segment Start Date.
Growth
Cap –
the maximum total interest rate for a Segment over the
Segment Term, as shown in your Policy Specifications, including
both Cumulative Segment Guaranteed Interest Rate and the Segment
Indexed Interest Rate.
Index –
The Standard & Poor’s
500®
Composite Stock Price Index, excluding dividends (“S&P
500®”).
Indexed Fixed
Account –
a Policy account, which is held in our General Account.
We credit interest on the Indexed Fixed Account, in part, based
on any positive change in an Index. There are Investment Options
within the Indexed Fixed Account.
Indexed
Account –
an Investment Option within the Indexed Fixed Account.
Currently, there is one Indexed Account – the
1 Year Indexed Account.
Indexed Fixed
Account
Value –
the sum of the Segment Values for all Segments in the
Indexed Fixed Account.
Indexed Fixed
Accumulated
Value –
the total amount of your Policy’s Accumulated Value
allocated to the Indexed Fixed Account.
Index Growth
Rate –
(b ¸ a)
– 1, where:
a
=
the Closing Value of the Index as of the day before the
beginning of the Segment Term; and
b
=
the Closing Value of the Index as of the day before the end of
the Segment Term.
Investment
Option –
a Variable Investment Option, Fixed Option or Indexed
Fixed Account Option.
Lockout
Period –
a
12-month
period of time during which you may not make any transfers into
the Indexed Fixed Account. A Lockout Period begins any time a
deduction is taken from the Indexed Fixed Account as a result of
a loan or withdrawal that is not part of a Systematic
Distribution Program.
Participation
Rate –
the percentage of the Index Growth Rate used to calculate
the Segment Indexed Interest Rate.
Segment –
a portion of your Accumulated Value in the Indexed Fixed
Account. We create a Segment when Accumulated Value is
transferred from the Fixed Account to the Indexed Fixed Account.
Segment
Guaranteed
Interest –
the interest we credit daily to each Segment in the
1 Year Indexed Account from the Segment Start Date to the
Segment Maturity at an annual rate equal to 1% for the
1 Year Indexed Account.
Segment Indexed
Interest –
the amount credited to the Segment at Segment Maturity,
equal to the Segment Indexed Interest Rate multiplied by the
average of all Segment Monthly Balances over the Segment Term.
Segment Indexed
Interest
Rate –
The Index Growth Rate, multiplied by the Participation
Rate, subject to the Growth Cap, that exceeds the Cumulative
Segment Guaranteed Interest Rate. It is equal to [the lesser of
(a × b) and c] – d, but not less
than zero where:
a
=
Index Growth Rate
b
=
Participation Rate
c
=
Growth Cap
d
=
Cumulative Segment Guaranteed Interest Rate
Segment
Maturity –
the end of the Segment Term and the date we calculate any
Segment Indexed Interest and credit it to the Segment.
Segment Maturity
Value –
the value of the Segment at Segment Maturity, including
any Segment Indexed Interest.
Segment Start
Dates –
the dates on which transfers into the Indexed Fixed
Account may occur, as shown in your Policy Specifications. We
use a Segment Start Date to determine Segment months and Segment
years.
Segment
Term –
a one-year period beginning on the Segment Start Date and
ending on the Segment Maturity date.
Segment
Value –
the amount transferred to the Indexed Fixed Account from
the Fixed Account on the Segment Start Date. After the Segment
Start Date, the Segment Value equals
a + b – c + d where:
a
=
the Segment Value as of the previous day;
b
=
the Segment Guaranteed Interest since the previous day;
c
=
any Segment Deductions since the previous day; and
d
=
any Segment Indexed Interest credited at Segment Maturity.
Systematic
Distribution
Program –
a program of periodic distribution that we designate,
which includes periodic distribution of the Policy’s
Accumulated Value through Policy loans and withdrawals.
Total Interest
Credited –
the sum of Segment Indexed Interest plus Segment
Guaranteed Interest that we credit to a Segment.
Variable
Accumulated
Value –
the total amount of your Policy’s Accumulated Value
allocated to the Variable Accounts.
VII. Your Free Look Right subsection of the
M’S VERSATILE PRODUCT VIII BASICS section is amended
by adding a new bullet to the fifth paragraph:
•
the Net Premiums allocated to an Indexed Fixed Account
VIII. Your Free Look Right – Your Free Look
Right California insureds age 60 and over
subsection of the M’S VERSATILE PRODUCT VIII
BASICS section is amended by adding a bullet to the last
paragraph:
•
the Net Premiums allocated to the Indexed Fixed Account
IX. Timing of Payments, Forms and Requests –
When we make payments and transfers subsection of the
M’S VERSATILE PRODUCT VIII BASICS section is amended
as follows:
We may delay transfers and payments from the Fixed Options and
the Indexed Fixed Account, including the proceeds from
withdrawals, surrenders and loans, for up to six months.
We’ll pay interest at an annual rate of at least 2.5% on
any withdrawals or surrender proceeds from the Fixed Options or
the Indexed Fixed Account that we delay for 10 days or more.
X. HOW PREMIUMS WORK section is amended as follows:
We deduct a premium load from each premium payment, and then
allocate your Net Premium to the Investment Options you’ve
chosen. However, if you’ve chosen the Indexed Fixed
Account, your Net Premium will first be allocated to the Fixed
Account and transferred from the Fixed Account to the Indexed
Fixed Account on the Segment Start Date. The Accumulated Value
transferred from the Fixed Account to the Indexed Fixed Account
may be less than the Net Premium or the Accumulated Value you
transferred to the Fixed Account because there may have been
deductions from the Fixed Account, such as those due to Monthly
Deductions, withdrawals or policy loans.
There is other information you should know about allocating all
or part of a Net Premium to the Indexed Fixed Account. You can
only allocate a Net Premium to the Indexed Fixed Account if your
Policy is not in a Lockout Period. In addition, you must notify
us of your allocation to the Indexed Fixed Account by the Cutoff
Date (two business days before a Segment Start Date) of a
particular Segment Start Date in order for Accumulated Value to
be transferred from the Fixed Account to the Indexed Fixed
Account on that Segment Start Date. See YOUR
INVESTMENT OPTIONS – Indexed Fixed Account.
Otherwise, your Accumulated Value will be transferred to the
Indexed Fixed Account on the Segment Start Date.
We do not count the allocation from the Fixed Account to the
Indexed Fixed Account towards the number of transfers you may
make in Policy Year. In addition, we do not count such transfer
towards the number of transfers you may make in a Policy Year
without a transfer fee.
XI. Monthly Deductions subsection of YOUR
POLICY’S ACCUMULATED VALUE section is amended by adding
the following:
Indexed Account Charge
We assess an additional charge every month for amounts in the
Indexed Fixed Account. The charge is added to the Monthly
Deduction assessed against the Policy’s Accumulated Value.
The charge is calculated by multiplying the Indexed Account
Charge Rate, as shown in your Policy Specifications (guaranteed
maximum annual rate of 0.30% (0.025% monthly)), to the value of
the Indexed Account as of the Monthly Payment Date.
An
example
For
a Policy with $10,000 in the 1 year Indexed Account, the
maximum monthly indexed account charge is:
($10,000
× 0.025%) = $2.50
See Indexed Fixed Account – Segment Value
Changes.
XII. YOUR INVESTMENT OPTIONS section is
amended by adding the following after the Fixed Options
subsection:
Amounts allocated to the Fixed Options and the Indexed Fixed
Account are held in our General Account.
Indexed Fixed
Account
You may also allocate Accumulated Value to the Indexed Fixed
Account if certain conditions are met. Accumulated Value in the
Indexed Account is divided into Segments. Each Segment
represents Accumulated Value transferred from the Fixed Account
to the Indexed Account on a Segment Start Date.
We credit interest two ways on Accumulated Value in the Indexed
Account. We credit interest on each Segment daily with interest
at a guaranteed minimum annual rate of 1% (the Segment
Guaranteed Interest). In addition, we credit interest at Segment
Maturity based in part on any positive change in the S&P
500 (the Segment Indexed Interest). However, Segment Indexed
Interest is subject to a Growth Cap, which is the highest
percentage that will be credited for a one-year period even if
the change in the S&P 500 Index is higher. The current
Growth Cap percentage is 11% (the Growth Cap includes the
Segment Guaranteed Interest Rate). The Growth Cap is subject to
change at our discretion, but the guaranteed Growth Cap
percentage cannot be lower than 3%. We will declare any change
in the current Growth Cap at the start of a Segment Term; the
current Growth Cap will remain in effect for that Segment Term.
The guaranteed Participation Rate is 100%.
Here’s how it works.
•
Segment Creation. A new Segment is created
when there is a transfer to the Indexed Account. The Segment
continues until the end of the Segment Term.
•
Segment Value Change. The Segment is credited
with the Segment Guaranteed Interest and is reduced by Segment
Deductions (discussed below).
•
Segment Deductions. Over the Segment Term,
money may be transferred from the Segments for the Policy’s
Monthly Deductions, for withdrawals and for policy loans.
•
Segment Indexed Interest. Based in part on any
positive change of the Index, additional interest may be
credited to the Segment at the end of the Segment Term. It is
possible, however, that Segment Indexed Interest will not be
greater than zero.
•
Segment Maturity. At the end of a Segment
Term, the Segment Maturity Value is transferred to a new Segment
or to the Fixed Account, based on your instructions.
Important
Considerations:
•
Net Premiums and Accumulated Value aren’t directly
deposited in or allocated to the Indexed Fixed Account. Such
amounts are first allocated or transferred to the Fixed Account.
On a Segment Start Date, we then transfer such Designated
Amounts to the Indexed Fixed Account.
•
All Segment Start Dates currently begin on the 15th of a
month. Each Segment Start Date has a Cutoff Date. To begin a
Segment on a particular Segment Start Date, we must receive your
instructions by the Cutoff Date for that Segment Start Date.
•
You can only allocate all or a portion of your Net Premiums or
transfer Accumulated Value to the Indexed Fixed Account if your
Policy is not in a Lockout Period (discussed below). However,
during a Lockout Period, you may reallocate Accumulated Value in
the Indexed Fixed Account to a new Segment at Segment Maturity.
•
We assess a charge on Accumulated Value in an Indexed Account.
•
We first deduct all Monthly Deductions, loans, and withdrawals
from Accumulated Value in the Fixed Accounts and Variable
Accounts. We then deduct amounts in excess of Accumulated Value
in the Fixed Accounts and Variable Accounts from the Indexed
Fixed Account.
•
There is no guarantee that Segment Indexed Interest will be
greater than zero at Segment Maturity. However, we credit
Segment Guaranteed Interest daily to Accumulated Value in an
Indexed Account.
•
The Total Interest Credited at Segment Maturity will never
exceed the Growth Cap.
•
You can’t transfer Accumulated Value from an Indexed
Account until Segment Maturity.
•
At Segment Maturity, we will automatically invest Segment
Maturity Value in a new Segment unless you tell us otherwise by
a Cutoff Date.
The way we calculate interest on Accumulated Value allocated to
the Indexed Fixed Account is different from the way Accumulated
Value allocated to a Variable Account, such as the Equity Index
Variable Account, is calculated. The Equity Index Variable
Account invests in the Pacific Select Fund Equity Index
Portfolio, whose investment strategy is to invest at least 80%
of its assets in equity securities of companies that are
included in the S&P 500 Index. Accumulated Value allocated
to the Equity Index Variable Account is valued daily based on
the net asset value of the underlying Equity Index Fund. The
Equity Index Variable Account reflects the change in the
underlying Equity Index Fund’s net asset value.
Conversely, the Indexed Fixed Account is part of Pacific
Life’s General Account. Investment of General Account
assets is at Pacific Life’s sole discretion, subject to
applicable law and regulation. The Segment Indexed Interest
credited to Segments of the Indexed Account is based in part on
any positive change in the S&P 500 Index (without
dividends). It is a one-year point-to-point interest crediting
strategy that will credit interest based on the one-year
performance of the S&P 500 (without dividends) between two
points in time, with an annual floor and Growth Cap, as
described above. The Segment Guaranteed Interest credited to
Segments is based on a predetermined annual interest rate that
does not fluctuate during a Segment Term.
Below is an example that shows how we credit interest to a
Segment.
Assumptions:
•
A Segment with $10,000 Accumulated Value was created on
12/15/2005.
•
There are no deductions for Policy charges, including the .30%
Indexed Account Charge (this assumes all charges are deducted
from the Fixed Account
and/or the
Variable Accounts).
•
The Growth Cap is 11% for all time periods.
•
Accumulated Value is reallocated to a new Segment at Segment
Maturity.
Segment Start Date
12/15/2005
12/15/2006
12/15/2007
12/15/2008
12/15/2009
Segment End Date
12/15/2006
12/15/2007
12/15/2008
12/15/2009
12/15/2010
Amount at Start of Segment
10,000.00
11,100.00
11,430.78
11,545.09
12,815.05
Average Segment Monthly Balance
10,000.00
11,100.00
11,430.78
11,545.09
12,815.05
Starting Index Value
1,272.74
1,425.49
1,467.95
868.57
1,114.11
Ending Index Value
1,425.49
1,467.95
868.57
1,114.11
1,241.59
Index Growth Rate
12.00%
2.98%
-40.83%
28.27%
11.44%
Growth Cap
11%
11%
11%
11%
11%
Cumulative Segment Guaranteed Interest Rate
1%
1%
1%
1%
1%
Segment Guaranteed Interest
100.00
111.00
114.31
115.45
128.15
Segment Indexed Interest Rate
10.00%
1.98%
0.00%
10.00%
10.00%
Segment Indexed Interest
1,000.00
219.78
0.00
1,154.51
1,281.50
Total Interest Credited over Term
1,100.00
330.78
114.31
1,269.96
1,409.65
Segment Maturity Value
11,100.00
11,430.78
11,545.09
12,815.05
14,224.70
Total Return over Period
42.25%
Annual Return over Period
7.30%
Deductions from the Indexed Fixed Account Accumulated Value may
be taken for monthly Policy charges, withdrawals or loans. We
calculate Segment Indexed Interest based on the average Segment
Balance over the course of a Segment Term. This means that a
proportionate Segment Indexed Interest will be applied to all
amounts that are deducted from the Indexed Account over the
Segment Term.
Here’s an example of how a deduction from the Policy
affects Segment Indexed Interest.
•
We create the Segment on January 15, 2010 with a $1,000
allocation.
•
You have not taken a loan, and we have not deducted Policy
charges from the Segment.
•
On July 15, you take a single withdrawal (or Policy loan)
of $300 from the Segment.
•
At the end of the Segment Term, the Index Growth Rate and
corresponding Segment Indexed Interest Rate are 10%.
End
of Segment Month
Segment
Monthly Balance
2/14/2010
$1,000
3/14/2010
$1,000
4/14/2010
$1,000
5/14/2010
$1,000
6/14/2010
$1,000
7/14/2010
$1,000
8/14/2010
$700
9/14/2010
$700
10/14/2010
$700
11/14/2010
$700
12/14/2010
$700
1/14/2015
$700
The average monthly Segment Balance is $850 (6 months
× $1,000 + 6 months × $700, divided by 12).
The Segment Indexed Interest credited at Segment Maturity is $85
($850 × 10% = $85.00). Upon Segment Maturity, the final
Segment Accumulated Value is $785 (the $700 remaining Segment
Balance plus the $85 Segment Indexed Interest).
How surrenders affect Segment Indexed Interest.
Using the example above, if you surrender the Policy on
7/15/2010
instead of taking a withdrawal, you will forfeit the Segment
Indexed Interest we would otherwise have credited, and the
$1,000 Accumulated Value in the Segment is included in the
Policy’s Net Cash Surrender Value.
Segment
Creation:
Segments can be funded by premium payments, transfers from the
Variable Accounts or the Fixed Accounts, or from reallocated
amounts from prior Segments following Segment Maturity. A new
Segment is created when amounts are transferred from the Fixed
Account to the Indexed Account. Accumulated Value held in the
Fixed Account will earn interest at the Fixed Account rate until
it is transferred.
In order for us to create a Segment on a particular Segment
Start Date, we must receive your instructions by the Cutoff Date
for that Segment Start Date. It is important to remember the
Accumulated Value we transfer from the Fixed Account at the
Segment Start Date may be less than your Designated Amount if we
deducted Policy charges, or if you took a withdrawal or loan,
from the Fixed Account before the Segment Start Date.
Once a Segment is created, you may not transfer Accumulated
Value out of an Indexed Account to any other Investment Option
before the end of the Segment Term.
The value in the Fixed Account can come from several sources:
•
Net Premiums or loan repayments that you have instructed us to
transfer to the Indexed Option;
•
Transfers you request from the Fixed Account;
•
Transfers from the Variable Accounts and Fixed LT Account, which
can be made to the Fixed Account under policy Transfer
guidelines, and then transferred from the Fixed Account into the
Indexed Account.
Any persistency credits or loan interest credits earned on
Accumulated Value will not be allocated into the Indexed Account.
Transfers from the Fixed Account to an Indexed Account may not
be made during the Lockout Period.
The date of the transfer is called the Segment Start Date.
Segment months and Segment years are measured from this date.
Each Segment has its own Growth Cap and Participation Rate. The
Growth Cap and Participation Rate for a Segment are those in
effect on the Segment Start Date. The Growth Cap and
Participation Rate in effect as of the Policy Date are shown in
the Policy Specifications. We will notify you in the Annual
Report or other written notice if they change.
Segment Start Dates are the dates when transfers into the
Indexed Account may occur, and are shown in your Policy
Specifications. We reserve the right to change the Segment Start
Dates and to limit transfers into the Indexed Account, but in
any event you will be allowed to make transfers at least once
per calendar quarter. We will notify you in the Annual Report or
other written notice if we change the Segment Start Dates.
There are two ways to make transfers to the Indexed Account:
•
Payment and Reallocation Instructions;
•
Transfers by Written Request
Transfers to the Indexed Account will be based on your latest
instructions on file with us. There are two types of
instructions for transfers to the Indexed Account.
1.
Payment Instructions: are your instructions to us to
transfer a portion of a Net Premium or Loan Repayment to the
Indexed Account. The portion of the Net Premium or Loan
repayment that you designated will be deposited into the Fixed
Account on the day it is received and will remain there until
the next Segment Start Date, assuming we received your
instructions by the Cutoff Date for that Segment Start Date. The
Fixed Account will earn interest and be assessed Policy charges
during this period. On the Segment Start Date, we will transfer
the lesser of the amount of Net Premium or Loan Repayment you
designated for transfer, or the value of the Fixed Account. If
you did not give us instructions by the Cutoff Date or if your
Policy is in a Lockout Period, we will not make the transfer to
the Indexed Account.
An example:
We receive and apply a premium payment of $10,000 on
January 2, which corresponds to a Net Premium of $9,305.
Based upon your payment instructions, 100% of the Net Premium is
applied to the Indexed Fixed Account and the Designated Amount =
$9,305.
On January 2, the Designated Amount is applied to the Fixed
Account and the Fixed Account balance is $9,305. The Policy
earns interest and charges are deducted, and on January 15 (the
Segment Start Date), the Fixed Account balance is equal to
$9,300.
On January 15, the Segment Start Date, the Fixed Account
balance is $9,300, which is less than the Designated Amount.
This amount will be transferred to the Indexed Account and the
Fixed Account balance will be zero.
Another example:
Using the same examples as above, but assuming that the Fixed
Account Value is $9,500 on the Segment Start Date:
On January 15, the Segment Start Date, the Designated
Amount of $9,305 will be transferred to the Indexed Account. The
Fixed Account value will be $195.
2.
Reallocation Instructions: are your instructions to us to
reallocate the Segment Maturity Value to the Indexed Account at
the end of a Segment Term or the Fixed Options. If you did not
give us instructions, the Segment Maturity Value automatically
will be reallocated to the same Indexed Account to create a new
Segment. Transfer of the Segment Maturity Value from the Fixed
Account to other Investment Options must be made in compliance
with your Policy’s transfer restrictions. See
Transferring Among Investment Options and Market-timing
Restrictions.
You may also make transfers to the Indexed Account by Written
Request. We must receive your request before the Cutoff Date. If
you want to transfer Accumulated Value from other Investment
Options into the Indexed Account, your Accumulated Value will
first be transferred from the Investment Options to the Fixed
Account, according to the Transfer provisions in your Policy,
and then transferred from the Fixed Account to the Indexed
Account. See Transferring Among Investment Options and
Market-timing Restrictions.
Any reallocation of Segment Maturity Value from the Indexed
Account to the Fixed Options will occur before any other
transfer.
Segment
Value Changes:
We credit interest daily to each Segment from the Segment Date
to Segment Maturity at an annual rate equal to the Segment
Guaranteed Interest Rate shown in your Policy Specifications.
Deductions from your Policy’s Accumulated Value for Monthly
Deductions, policy loans and withdrawals are taken first from
the Policy’s Fixed Accumulated Value and Variable
Accumulated Value. If there is no Fixed Accumulated Value or
Variable Accumulated Value, we will take deductions from the
Indexed Fixed Accumulated Value. Deductions are made for all
Segments within each Indexed Account proportionate to Segment
Value For each Segment, deductions are taken first from the
Segment Monthly Balance (defined below under Segment
Maturity) and then from the Segment Guaranteed Interest. If
a withdrawal or loan is taken from the Policy that results in a
deduction from the Indexed Fixed Account, and the withdrawal or
loan is not taken pursuant to a Systematic Distribution Program,
then a Lockout Period will begin. During the Lockout Period you
may not allocate all or a portion of a Net Premium, loan
repayments or otherwise transfer Accumulated Value from the
Fixed Account into the Indexed Fixed Account. Segment
reallocations for any maturing Segment will be made according to
your reallocation instructions.
Segment
Maturity:
We calculate Segment Indexed Interest, if any, and credit it to
the Segment at Segment Maturity. We will never credit negative
interest to the Indexed Fixed Account. The Segment ends at
Segment Maturity and we allocate the Segment Maturity Value to
the Investment Options according to your reallocation
instructions on file with us. If you have not given us
reallocation instructions, we will reallocate the Segment
Maturity Value to a new Segment in the Indexed Account. However,
if the Segment Maturity Value consists only of the Segment
Guaranteed Interest and the Segment Indexed Interest, we will
transfer such value into the Fixed Account.
The Segment Indexed Interest is the average of all Segment
Monthly Balances over the entire Segment Term multiplied by the
Segment Indexed Interest Rate.
The Segment Monthly Balance is, as of the end of any Segment
Month, the amount initially transferred to the Segment minus all
Segment Deductions, excluding any interest that may have been
credited to the Segment. We calculate the Segment Monthly
Balance as of the end of each Segment Month, and average these
amounts for determining the Segment Indexed Interest.
The Segment Indexed Interest Rate reflects the Index Growth
Rate, and is equal to [the lesser of (a x b) and
c] – d, such result being not less than zero, where:
a
=
Index Growth Rate;
b
=
Participation Rate (guaranteed to be not less than 100%)–%;
c
=
Growth Cap (currently 11%, but will not be less than 3%); and
d
=
Cumulative Segment Guaranteed Interest Rate (1%).
XIII. The Transferring Among Investment Options
and Market-Timing Restrictions subsection of the YOUR
INVESTMENT OPTIONS section is amended as follows:
We do not count the transfer from the Fixed Account to an
Indexed Account towards the number of transfers you may make in
Policy Year. Further, we do not count such transfer towards the
number of transfers you may make in a Policy Year without a
transfer fee.
You may not transfer from an Indexed Account until Segment
Maturity. In addition, you may not allocate all or a portion of
a Net Premium or Accumulated Value to the Indexed Account if
your Policy is in a Lockout Period.
XIV. The General Account section of ABOUT
PACIFIC LIFE is amended as follows:
The Fixed Options and the Indexed Fixed Account are part of our
General Account, which we may invest as we wish according to any
laws that apply.
M’s Versatile
Product IX is a flexible premium variable life insurance
policy issued by Pacific Life Insurance Company.
•
Flexible premium
means you
can vary the amount and frequency of your premium payments. You
must, however, pay enough premiums to cover the ongoing costs of
Policy benefits.
•
Variable
means the
Policy’s value depends on the performance of the Investment
Options you choose.
•
Life insurance
means the
Policy provides a Death Benefit to the Beneficiary you choose.
This prospectus
provides information that you should know before buying a
Policy. It is accompanied by the current prospectuses for the
Funds that provide the underlying portfolios for the Variable
Investment Options offered under the Policy. The Variable
Investment Options are funded by the Pacific Select Exec
Separate Account of Pacific Life. Please read these prospectuses
carefully and keep them for future reference.
Here’s a list
of the Investment Options available under your Policy:
VARIABLE
INVESTMENT OPTIONS
Pacific Select
Fund
International Small-Cap
Mid-Cap Value
Equity Index
Small-Cap Index
Small-Cap Equity
American
Funds®
Asset Allocation
American
Funds®
Growth-Income
American
Funds®
Growth
Large-Cap Value
Technology
Floating Rate Loan
Small-Cap Growth
Comstock
Growth LT
Focused 30
Health Sciences
International Value
Long/Short Large-Cap
Mid-Cap Equity
International Large-Cap
Mid-Cap Growth
Real Estate
Small-Cap Value
Main
Street®
Core
Emerging Markets
Cash Management
High Yield Bond
Managed Bond
Inflation Managed
Pacific Dynamix – Conservative Growth
Pacific Dynamix – Moderate Growth
Pacific Dynamix – Growth
Portfolio Optimization Conservative
Portfolio Optimization Moderate-Conservative
Portfolio Optimization Moderate
Portfolio Optimization Growth
Portfolio Optimization Aggressive-Growth
Dividend Growth
Short Duration Bond
Large-Cap Growth
Diversified Bond
Inflation Protected
M Fund
Variable Account I: M International Equity Fund
Variable Account II: M Large Cap Growth Fund
Variable Account III: M Capital Appreciation Fund
Variable Account V: M Business Opportunity Value Fund
BlackRock Variable Series Funds, Inc. BlackRock Basic Value V.I. Fund Class III BlackRock Global Allocation V.I. Fund Class III
Fidelity® Variable Insurance Products Funds Fidelity VIP Contrafund® Portfolio Service Class 2 Fidelity VIP Freedom Income Service Class 2 Fidelity VIP Freedom 2010 Service Class 2 Fidelity VIP Freedom 2015 Service Class 2 Fidelity VIP Freedom 2020 Service Class 2 Fidelity VIP Freedom 2025 Service Class 2 Fidelity VIP Freedom 2030 Service Class 2 Fidelity VIP Growth Portfolio Service Class 2 Fidelity VIP Mid Cap Portfolio Service Class 2 Fidelity VIP Value Strategies Portfolio Service Class 2
Franklin Templeton Variable Insurance Products Trust Templeton Global Bond Securities Fund Class 2
GE Investments Funds,
Inc. GE Investments Total Return Fund Class 3
Janus Aspen Series Overseas Portfolio Service Class Enterprise Portfolio Service Class
Lazard Retirement Series, Inc. Lazard Retirement U.S. Strategic Equity Portfolio
Legg Mason Partners Variable Equity Trust Legg Mason ClearBridge Variable Aggressive Growth Portfolio – Class II Legg Mason ClearBridge Variable Mid Cap Core Portfolio – Class II
Lord Abbett Series Fund, Inc. Lord Abbett Fundamental Equity Portfolio Class VC
MFS® Variable Insurance Trust MFS® New Discovery Series Service Class MFS® Utilities Series Service Class
PIMCO Variable Insurance Trust PIMCO Global Multi-Asset Portfolio – Advisor Class
Royce Capital Fund Royce Micro-Cap Service Class Portfolio
T. Rowe Price
Equity Series, Inc. T. Rowe Price Blue Chip Growth Portfolio – II T. Rowe Price Equity Income Portfolio – II
Van Eck VIP Trust Van Eck VIP Global Hard Assets Fund
FIXED
OPTIONS
Fixed
Account
Fixed
LT Account
This Policy is not
available in all states. This prospectus is not an offer in any
state or jurisdiction where we are not legally permitted to
offer the Policy.
The
Policy is described in detail in this prospectus and its
Statement of Additional Information (SAI). Each Fund is
described in its prospectus and in its SAI. No one has the right
to describe the Policy or any Fund any differently than they
have been described in these documents.
You
should be aware that the Securities and Exchange Commission
(SEC) has not reviewed the Policy for its investment merit, and
does not guarantee that the information in this prospectus is
accurate or complete. It is a criminal offense to say otherwise.
A life insurance
policy may be appropriate if you are looking to provide a death
benefit for family members or others or to help meet other
long-term financial objectives. Discuss with your insurance
professional whether a variable life insurance policy, optional
benefits and underlying Investment Options are appropriate for
you, taking into consideration your age, income, net worth, tax
status, insurance needs, financial objectives, investment goals,
liquidity needs, time horizon, risk tolerance and relevant
information. Together you can decide if a variable life
insurance policy is right for you.
This material is not
intended to be used, nor can it be used by any taxpayer, for the
purpose of avoiding U.S. federal, state or local tax penalties.
Pacific Life, its distributors and their respective
representatives do not provide tax, accounting or legal advice.
Any taxpayer should seek advice based on the taxpayer’s
particular circumstances from an independent tax advisor.
This overview tells
you some key things you should know about your Policy. It is
designed as a summary only – please read the entire
prospectus and your Policy for more detailed information, or
contact us or your insurance professional for additional
information about your Policy. All of your material rights and
obligations are disclosed in this prospectus.
The Policy is
offered for sale in all jurisdictions where we are authorized to
do business and where the Policy is approved by the appropriate
insurance department or regulatory authorities. Individual
Policy features may not be available in all states or may vary
by state. The state in which your Policy is issued governs
whether or not certain features, Riders, charges and fees are
allowed in your Policy. Any significant variations from the
information appearing in this prospectus which are required due
to individual state requirements are contained in your Policy,
or provided by separate endorsement and outlined in
Appendix B. You should refer to your Policy for these state
specific features.
Benefits
of your policy
Flexibility
The Policy is designed to be flexible to meet your specific life
insurance needs. Within certain limits, you can:
•
choose the timing, amount and frequency of premium payments
•
change the Death Benefit Option
•
increase or decrease the Policy’s Face Amount
•
change the Beneficiary
•
change your investment selections.
Death
Benefit
The Death Benefit will always be the greater of the Death
Benefit under the Option you choose or the Minimum Death
Benefit. The Minimum Death Benefit is the lowest Death Benefit
that we must pay to ensure that your Policy qualifies as life
insurance.
You may choose one of three Death Benefit Options:
•
Option A – your Death Benefit will be the
Total Face Amount of your Policy.
•
Option B – your Death Benefit will be the
Total Face Amount of your Policy plus its Accumulated Value.
•
Option C – your Death Benefit will be the
Total Face Amount of your Policy plus the total premiums you
have paid minus any withdrawals or distributions made. However,
the Death Benefit will never exceed the Option C Death Benefit
Limit shown in the Policy Specifications.
You may choose between two ways to calculate the Minimum Death
Benefit:
•
Cash Value Accumulation Test – generally does
not limit the amount of premiums you can pay into your Policy.
•
Guideline Premium Test – limits the amount of
premiums you can pay on your Policy, and the Minimum Death
Benefit will generally be smaller than under the Cash Value
Accumulation Test.
The test you choose will generally depend on the amount of
premiums you want to pay relative to your desired Death Benefit.
Accumulated
Value
Accumulated Value is the value of your Policy on any Business
Day. It is not guaranteed – it depends on the
performance of the Investment Options you have chosen, the
timing and amount of premium payments you have made, Policy
charges, and how much you have borrowed or withdrawn from the
Policy.
You can access your Accumulated Value in several ways:
•
Withdrawals – you can withdraw part of your
Policy’s Net Cash Surrender Value.
•
Loans – you can take out a loan from us using
your Policy’s Accumulated Value as security.
3
•
Income benefits – you can use withdrawal or
surrender benefits to buy an income benefit that provides a
monthly income. In addition, your Policy’s Beneficiary can
use Death Benefit proceeds to buy an income benefit.
•
Surrender – you can surrender or cash in
your Policy for its Net Cash Surrender Value while an
Insured is alive.
Investment
Options
You can choose to allocate your net premiums and Accumulated
Value among a selection of Variable Investment Options, each of
which invests in a corresponding portfolio of various underlying
Funds. The Policy also offers two Fixed Options, both of which
provide a guaranteed minimum rate of interest.
You can transfer among the Investment Options during the life of
your Policy without paying any current income tax. There is
currently no charge for transfers.
Tax
Benefits
Your Beneficiary generally will not have to pay federal income
tax on Death Benefit Proceeds. You will also generally not be
taxed on any or all of your Policy’s Accumulated Value
unless you receive a cash distribution.
Risks
of your policy
Long-term
Financial Planning
This Policy is designed to provide a Death Benefit for family
members or others or to help meet other long-term financial
objectives. It is not suitable as a short-term savings vehicle.
It may not be the right kind of policy if you plan to withdraw
money or surrender your Policy for short-term needs. Taking a
withdrawal or surrendering your Policy may incur charges. See
the Fee Tables and your Policy for charges assessed when
withdrawing from or surrendering your Policy.
Please discuss your insurance needs and financial objectives
with your insurance professional.
Premium
Payments
Federal tax law puts limits on the premium payments you can make
in relation to your Policy’s Death Benefit. We may refuse
all or part of a premium payment you make, or remove all or part
of a premium from your Policy and return it to you under certain
circumstances.
Lapse
Your Policy stays In Force as long as you have sufficient
Accumulated Value to cover your monthly deductions of Policy
charges. Insufficient premium payments, poor investment
performance, withdrawals, and unpaid loans or loan interest may
cause your Policy to lapse – which means you will no
longer have any insurance coverage. There are costs associated
with reinstating a lapsed Policy.
There is no guarantee that your Policy will not lapse even if
you pay your planned periodic premium. You should consider a
periodic review of your coverage with your insurance
professional.
Investment
Performance
Each Variable Investment Option invests in a corresponding
portfolio of an underlying Fund, as detailed in Your
Investment Options. The value of each portfolio fluctuates
with the value of the investments it holds. Returns are not
guaranteed. You bear the investment risk of any Variable
Investment Option you choose.
See each Fund’s prospectus for more information on the
underlying portfolios and their individual risks.
Withdrawals
and Loans
Making a withdrawal or taking out a loan may:
•
change your Policy’s tax status
•
reduce your Policy’s Total Face Amount
•
reduce your Policy’s Death Benefit
•
reduce the Death Benefit Proceeds paid to your Beneficiary
•
make your Policy more susceptible to lapsing.
Be sure to plan carefully before using these Policy benefits.
Your Policy’s withdrawal feature is not available until
your first Policy Anniversary.
4
General
Account
Unlike the assets in our Separate Account, the assets in our
General Account are subject to liabilities arising from any of
our other business. Our ability to pay General Account
guarantees is backed by our financial strength and claims paying
ability. We may be unable to meet our obligations with regard to
the General Account interest guarantee.
Tax
Consequences of Withdrawals, Surrenders and Loans
You may be subject to income tax if you take any withdrawals or
surrender the Policy, or if your Policy lapses and you have not
repaid any outstanding Policy Debt.
If your Policy is a Modified Endowment Contract, all
distributions you receive during the life of the Policy may be
subject to tax and a 10% penalty.
There are other tax issues to consider when you own a life
insurance policy. These are described in more detail in
Variable Life Insurance and Your Taxes.
The following tables
describe the fees and expenses that you will pay when buying,
owning, and surrendering the Policy. Please read the entire
prospectus, your Policy and the SAI for more detailed
information regarding these fees and expenses.
Transaction
fees
This
table describes the fees and expenses that you will pay at the
time you buy the Policy, surrender the Policy, or transfer
Accumulated Value between Investment Options.
CHARGE
WHEN
CHARGE IS DEDUCTED
AMOUNT
DEDUCTED
Maximum premium load
Upon receipt of premium
7.95% of premium
Maximum surrender charge
Upon full surrender of Policy if any Coverage Layer has been in
effect for less than 10 Policy Years
$0.81-$47.16 per $1,000 of Face
Amount1
Charge at end of Policy Year 1 for a male
non-smoker
who is Age 45 at Policy issue, and the Policy is issued
with Guideline Premium Test and Death Benefit Option A
$10.78 per $1,000 of Face Amount
Withdrawal charge
Upon partial withdrawal of Accumulated Value
$25 per
withdrawal2
Transfer fees
Upon transfer of Accumulated Value between Investment Options
$25 per transfer in excess of 12 per Policy
Year2
ADMINISTRATIVE AND UNDERWRITING SERVICE
FEES2
Audits of premium/loan
Upon request of audit of over 2 years or more
$25
Duplicate
Policy5
Upon request of duplicate Policy
$50
Illustration request
Upon request of Policy illustration in excess of
1 per year
$25
Face Amount increase
Upon effective date of requested Face Amount increase
$100
Risk Class change
Upon request for Risk Class change
$100
Adding an optional Rider
Upon approval of specific request
$100
1
The
surrender charge is based on the Age and Risk Class of the
Insured, as well as the Death Benefit Option you choose. The
surrender charge reduces to $0 after 10 years from the
effective date of each Coverage Layer. The surrender charge
shown in the table may not be typical of the surrender charge
you will pay. Ask your insurance professional for information on
this charge for your Policy. The surrender charge for your
Policy will be stated in the Policy Specifications.
2
We
currently do not impose this charge.
3
Certificate
of Coverage is available without charge.
6
Periodic
charges other than Fund operating expenses
This
table describes the fees and expenses that you will pay
periodically during the time you own the Policy, not including
portfolio fees and expenses. The charges include those for
individuals in a nonstandard risk category, if
applicable.
AMOUNT
DEDUCTED –
WHEN CHARGE IS
MAXIMUM
GUARANTEED
AMOUNT
DEDUCTED –
CHARGE
DEDUCTED
CHARGE
CURRENT
CHARGES
Cost of
Insurance1,2 Minimum and maximum
Monthly Payment Date
$0.02–$83.34 per $1,000 of Net Amount At Risk
$0.02–$59.10 per $1,000 of Net Amount At Risk
Charge during Policy Year 1 for a male non-smoker who is
Age 45 at Policy issue
$0.23 per $1,000 of Net Amount At Risk
$0.12 per $1,000 of Net Amount At Risk
Administrative
charge1
Monthly Payment Date
$7.50
Same
Coverage
charge1,4 Minimum and maximum
Monthly Payment Date, beginning on effective date of each
Coverage Layer
$0.05–$4.56 per $1,000 of Coverage Layer
$0.00–$4.56 per $1,000 of Coverage Layer
Charge during Policy Year 1 for a male non-smoker who is
Age 45 at Policy issue, with Death Benefit
Option A3
$0.39 per $1,000 of Coverage Layer
Same
Asset
charge1
Monthly Payment Date
0.45% annually (0.0375% monthly) of first $25,000 of Accumulated
Value in Investment Options, plus 0.05% annually (0.0042%
monthly) of Accumulated Value in excess of $25,000 in Investment
Options
0.40% annually (0.0333% monthly) of first $25,000 of Accumulated
Value in Investment Options, plus 0.00% annually (0.0000%
monthly) of Accumulated Value in excess of $25,000 in Investment
Options
Loan interest charge
Policy Anniversary
2.75% of Policy’s Loan Account balance
annually5
Same
OPTIONAL RIDERS AND BENEFITS
Minimum and
Maximum6
RIDERS PROVIDING FACE AMOUNT COVERAGE:
Annual Renewable Term Rider
Cost of insurance
Monthly Payment Date
$0.02–$83.34 per $1,000 of Net Amount At Risk
$0.02–$59.10 per $1,000 of Net Amount At Risk
Charge during Policy Year 1 for a male non-smoker who is
Age 45 at Policy
Issue3
$0.23 per $1,000 of Net Amount At Risk
$0.12 per $1,000 of Net Amount At Risk
Coverage
charge4
Monthly Payment Date
$0.05–$4.56 per $1,000 of Coverage Layer
$0.05–$4.56 per $1,000 of Coverage Layer
Charge during Policy Year 1 for a male non-smoker who is
Age 45 at Policy
issue3
$0.91 per $1,000 of Coverage Layer
$0
Annual Renewable Term Rider – Individual
Cost of insurance
Monthly Payment Date
$0.02–$83.34 per $1,000 of Net Amount At Risk
$0.02–$59.10 per $1,000 of Net Amount At Risk
Charge during Policy Year 1 for a male non-smoker who is
Age 45 at Policy
Issue3
$0.23 per $1,000 of Net Amount At Risk
$0.12 per $1,000 of Net Amount At Risk
7
FEE
TABLES
C:
AMOUNT
DEDUCTED –
WHEN CHARGE IS
MAXIMUM
GUARANTEED
AMOUNT
DEDUCTED –
CHARGE
DEDUCTED
CHARGE
CURRENT
CHARGES
Coverage
charge4
Monthly Payment Date
$0.05–$4.56 per $1,000 of Coverage Layer
$0.05–$4.56 per $1,000 of Coverage Layer
Charge during Policy Year 1 for a male non-smoker who is
Age 45 at Policy
issue3
$0.91 per $1,000 of Coverage Layer
$0
Scheduled Increase Rider
Monthly Payment Date
$0.01–$0.13 per $1,000 of all scheduled Coverage
Layers13
$0.01–$0.13 per $1,000 of pending scheduled Coverage
Layers14
Charge during Policy Year 1 for a male non-smoker who is
Age 45 at Policy
issue3
$0.02 per $1,000 of all scheduled Coverage Layers
$0.02 per $1,000 of pending scheduled Coverage Layers
SVER Term Insurance Rider – Individual
Cost of insurance
Monthly Payment Date
$0.02–$83.34 per $1,000 of Net Amount At Risk
$0.02–$59.10 per $1,000 of Net Amount At Risk
Charge during Policy Year 1 for a male non-smoker who is
Age 45 at Policy
issue3
$0.23 per $1,000 of Net Amount At Risk
$0.12 per $1,000 of Net Amount At Risk
Coverage
charge4
Monthly Payment Date
$0.00–$3.99 of Coverage Layer
$0.00–$3.99 per $1,000 of Coverage Layer
Charge during Policy Year 1 for a male non-smoker who is
Age 45 at Policy
issue8
$0.00 per $1,000 of Coverage Layer
Same
Administrative charge for increase in face amount
At increase
$100
Same
SVER Term Insurance Rider – Trust/Executive
Benefit
Rider Coverage
Charge4
Monthly Payment Date
$0.00–$3.84 per $1,000 of Rider Coverage Layer
$0.00–$3.84 per $1,000 of Rider Coverage Layer
Charge during Policy Year 1 for a male non-smoker who is
Age 45 at Policy
issue9
$0.00 per $1,000 of initial Rider Coverage Layer
Same
Cost of insurance
Monthly Payment Date
$0.02–$83.34 per $1,000 of Net Amount At Risk
$0.02–$59.10 per $1,000 of Net Amount At Risk
Charge during Policy Year 1 for a male non-smoker who is
Age 45 at Policy issue
$0.23 per $1,000 of Net Amount At Risk
$0.12 per $1,000 of Net Amount At Risk
Termination Credit charge
Monthly Payment Date
$0.01–$0.21 per $1,000 of Rider Coverage Layer
Same
Charge during Policy Year 1 for a male non-smoker who is
Age 45 at Policy
issue3
$0.05 per $1,000 of Rider Coverage Layer
Same
Administrative charge for increase in face amount
At increase
$100
Same
8
AMOUNT
DEDUCTED –
WHEN CHARGE IS
MAXIMUM
GUARANTEED
AMOUNT
DEDUCTED –
CHARGE
DEDUCTED
CHARGE
CURRENT
CHARGES
RIDERS PROVIDING ADDITIONAL CASH VALUE PROTECTION:
Minimum Earnings Benefit Rider
Monthly Payment Date
0.10% of the alternate accumulated
value10
on the Monthly Payment Date
0.05% of the alternate accumulated value on the monthly
payment date
Overloan Protection II Rider
At exercise of benefit
1.12%-4.52% of Accumulated Value on date of
exercise12
Same
Charge for a male non-smoker who exercises the Rider at
Age 85
2.97% of Accumulated Value on date of exercise
Same
Short-term No-lapse Guarantee Rider
Monthly Payment Date
$0.01–$0.10 per $1,000 of Net Amount At Risk
Same
Charge during Policy Year 1 for a male non-smoker who is
Age 45 at Policy
issue3
$0.01 per $1,000 of Net Amount At Risk
Same
RIDERS PROVIDING ADDITIONAL COVERAGE:
Accelerated Living Benefits Rider
At exercise of benefit
$150
Same
Accidental Death Benefit Rider
Monthly Payment Date
$0.05–$0.18 per $1,000 of Coverage Layer
Same
Charge during Policy Year 1 for a male non-smoker who is
Age 45 at Policy
issue3
$0.10 per $1,000 of Coverage Layer
Same
Annual Renewable Term Rider – Additional Insured
Monthly Payment Date
$0.02–$83.34 per $1,000 of Rider Face Amount
Same
Charge during Policy Year 1 for a female non-smoker who
is Age 45 at Policy
issue3
$0.16 per $1,000 of Rider Face Amount
$0.08 per $1,000 of Rider Face Amount
Children’s Term Rider
Monthly Payment Date
$1.05 per $1,000 of insurance coverage on each child
Same
Disability Benefit Rider
Monthly Payment Date
$0.40–$1.00 per $10 of monthly benefit
Same
Charge during Policy Year 1 for a male non-smoker who is
Age 45 at Policy
issue3
$0.45 per $10 of monthly benefit
Same
Guaranteed Insurability Rider
Monthly Payment Date
$0.10–$0.29 per $1,000 of Coverage Layer
Same
Charge during Policy Year 1 for a male non-smoker who is
Age 35 at Policy
issue3,
7
$0.28 per $1,000 of Coverage Layer
Same
Waiver of Charges Rider
Monthly Payment Date
$0.04–$0.55 per $1,000 of Net Amount At
Risk11
Same
Charge during Policy Year 1 for a male non-smoker who is
Age 45 at Policy
issue3
$0.07 per $1,000 of Net Amount At
Risk11
Same
1
This
charge is reduced to zero on and after your Policy’s
Monthly Deduction End Date.
2
Cost
of insurance rates apply uniformly to all members of the same
Class. The cost of insurance charges shown in the table may not
be typical of the charges you will pay. Your Policy
Specifications will indicate the guaranteed cost of insurance
charge applicable to your Policy, and more detailed information
concerning your cost of insurance charges is available on
request from your insurance professional or us. Also, before you
purchase the Policy, you may request personalized illustrations
of your
9
FEE
TABLES
future
benefits under the Policy based upon the Insured’s Class,
the Death Benefit Option, Face Amount, planned periodic
premiums, and any Riders requested. Cost of insurance rates for
your Policy will be stated in the Policy Specifications and
calculated using the Net Amount At Risk.
3
Charges
shown for this sample Policy may not be typical of the charges
you will pay.
4
The
Coverage Charge rate is based on the Age and Risk Class of the
Insured on the Policy Date or date Rider is effective. It also
varies with the Death Benefit Option you choose. Each Coverage
Layer will have a corresponding Coverage charge related to the
amount of the increase, based on the Age and Risk Class of the
Insured at the time of the increase. Ask your insurance
professional for information regarding this charge for your
Policy. The Coverage Charge for your Policy will be stated in
the Policy Specifications.
5
In
addition to the loan interest charge, the Loan Account Value
that is used to secure Policy Debt will be credited interest at
a minimum of 2.50%. Interest on the Loan Account and Policy Debt
accrues daily. On each policy anniversary, we transfer the
excess of the Policy Debt over Loan Account Value from the
Investment Options to the Loan Account. If the Loan Account
Value is greater than Policy Debt, then such excess is
transferred from the Loan Account to the Investment Options.
6
Riders
are briefly described under The Death Benefit: Optional
Riders and more information appears in the SAI. Except for
the Childrens Term Rider, Rider charges are based on the Age and
Risk Class of the person insured under the Rider on the
effective date of the Rider. Ask your insurance professional for
information on optional Rider charges for your Policy. The
charges for any optional benefit Riders you add to your Policy
will be stated in the Policy Specifications.
7
Guaranteed
Insurability Rider is only available to Insureds age 37 and
under at Policy issue.
8
The
SVER Term Insurance Rider maximum guaranteed Coverage charge for
this sample Policy (assuming Death Benefit Option A or C is
used) is $0/month per $1,000 of Coverage Layer in Policy
Year 1, $0.33/month per $1,000 of Coverage Layer in Policy
Year 2, and $0.50/month per $1,000 of Coverage Layer in
Policy Years 3-10. In Policy Year 11 and thereafter,
the charge is reduced to $0.33/month per $1,000 of Coverage
Layer.
9
The
SVER Term Insurance Rider – Trust/Executive Benefit
maximum guaranteed Coverage Charge for this sample Policy
(assuming Death Benefit Option A or C is used) is $0/month
per $1,000 of Coverage Layer in Policy Year 1, $0.78/month
per $1,000 of Coverage Layer in Policy Year 2, and
$1.17/month per $1,000 of Coverage Layer in Policy
Years 3-10. In Policy Year 11 and thereafter, the
charge is reduced to $0.78/month per $1,000 of Coverage Layer.
10
The
alternate accumulated value is a calculated value
reflecting a minimum level of earnings for the Policy. It is
based on actual premiums paid less an alternate premium
load, actual monthly deductions taken from the Policy’s
Accumulated Value, and an alternate accumulated value monthly
factor representing an annual interest crediting rate. The
alternate accumulated value monthly factor will never be
less than 1.00295 (3.6% annually), and the alternate premium
load rate will never exceed 25% of premiums paid. The Rider
also has a minimum premium requirement to remain in force.
Cumulative premium paid by the end of the 9th Policy Year
must be equal to or greater than the Rider’s minimum
premium requirement, which will never exceed 450% of the
guideline level premiums at Policy issue. The alternate
accumulated value monthly factor, alternate premium load and
minimum premium requirement are shown in the Policy
Specifications.
11
Plus
any Annual Renewable Term Rider – Additional Insured
Face Amount.
12
The
charge to exercise the Overloan Protection II Rider is
shown as a table in your Policy Specifications. The charge
varies by the Insured’s gender, Risk Class and Age at the
time the Rider is exercised. For more information on this Rider,
see Withdrawals, Surrenders and Loans: Overloan
Protection II Rider.
13
The
Scheduled Increase Rider guaranteed charge is zero beginning
year 21.
14
The
Scheduled Increase Rider current charge is the charge rate per
$1,000 times the Face Amount of pending scheduled increases.
10
Total
annual Fund operating expenses
This table shows the minimum and maximum total annual operating
expenses paid by the portfolios that you pay indirectly during
the time you own the Policy. This table shows the range (minimum
and maximum) of fees and expenses (including management fees,
shareholder servicing or distribution
(12b-1)
fees, and other expenses) charged by any of the portfolios,
expressed as an annual percentage of average daily net assets.
The amounts are based on expenses paid in the year ended
December 31, 2010, adjusted to reflect anticipated changes
in fees and expenses, or, for new portfolios, are based on
estimates for the current fiscal year.
Each Variable Account of the Separate Account purchases shares
of the corresponding Fund portfolio at net asset value. The net
asset value reflects the investment advisory fees and other
expenses that are deducted from the assets of the portfolio. The
advisory fees and other expenses are not fixed or specified
under the terms of the Policy, and they may vary from year to
year. These fees and expenses are described in each Fund’s
prospectus.
Minimum
Maximum
Range of total annual portfolio operating expenses
before any waivers or expense reimbursements
0.28%
[ ]
Minimum
Maximum
Range of total annual portfolio operating expenses
after waivers or expense reimbursements
0.28%
[ ]
To help limit Fund expenses, Fund advisers have contractually
agreed to reduce investment advisory fees or otherwise reimburse
certain portfolios of their respective Funds which may reduce
the portfolio’s expenses. The range of expenses in the
first row above does not include the effect of any waiver and/or
expense reimbursement arrangement. The range of expenses in the
second row includes the effect of waiver and/or expense
reimbursement arrangements that will remain in effect at least
through April 30, [ ]. There
can be no assurance that expense waivers or reimbursements will
be extended beyond their current terms, and they may not cover
certain expenses such as extraordinary expenses. See each
Fund’s prospectus for complete information regarding annual
operating expenses of that Fund.
Some Investment Options available to you are “fund of
funds”. A fund of funds portfolio is a fund that invests in
other funds in addition to other investments that the portfolio
may make. Some funds of funds may have fees higher than other
available Investment Options. The fees for the funds of funds
Investment Options available under your Policy are in the range
of total portfolio operating expenses disclosed above. For more
information on these portfolios, please see the prospectuses for
the Funds.
In this prospectus,
you and your mean the policyholder or Owner.
Pacific Life, we, us and our refer to Pacific Life
Insurance Company. Fund, or, collectively, the
Funds, refer to one of the funds providing underlying
portfolios for the Variable Investment Options offered under the
Policy. Policy means a M’s Versatile
Product IX variable life insurance policy, unless we state
otherwise.
We have tried to
make this prospectus easy to read and understand, but you may
find some words and terms that are new to you. We have
identified some of these below.
If you have any
questions, please ask your insurance professional or call us at
(800)
800-7681.
Accumulated
Value –
the total amount of your Policy’s value allocated to
the Variable Investment Options and any available Fixed Options,
plus the amount in the Loan Account, on any Business Day.
Age –
at issue, the Insured’s Age on his/her birthday
nearest the Policy Date. We add one year to this Age on each
Policy Anniversary.
Basic
Coverage –
insurance coverage on the Insured under the Policy as
shown in the Policy Specifications.
Basic Coverage
Layer –
a layer of insurance coverage on the Insured under the
policy. There may be one or more Basic Coverage Layers. Each
increase in Basic Face Amount will comprise a new Basic Coverage
Layer. Each Basic Coverage Layer has its own Face Amount, Risk
Class, Coverage Layer Date, and set of charges. The Face Amount,
Risk Class, Coverage Layer Date and set of charges for the
initial Basic Coverage Layer are shown in the Policy
Specifications. We will send you a Supplemental Schedule of
Coverage that will show the Face Amount, Risk Class, Coverage
Layer Date and set of charges for any Basic Coverage Layer you
add.
Basic Face
Amount –
the sum of the Face Amounts of all Basic Coverage Layers.
The Face Amount of the initial Basic Coverage is shown in the
Policy Specifications.
Beneficiary –
the person, people, entity or entities you name to
receive the Death Benefit Proceeds.
Business
Day –
any day that the New York Stock Exchange and our Life
Insurance Operations Center are open. It usually ends at 4:00
p.m. Eastern time. A Business Day is called a valuation day
in your Policy.
Cash Surrender
Value –
the Policy’s Accumulated Value less any surrender
charge.
Cash Value
Accumulation
Test –
one of two Death Benefit Qualification Tests available
under the Policy, and defined in Section 7702(b) of the Tax
Code.
Class –
a subgroup of Insureds determined by a number of factors,
including, but not limited to, the Death Benefit, Basic Face
Amount, Total Face Amount, Coverage Layer, Policy Date, policy
duration, the Insured’s Age and Risk Class, requested or
scheduled additions of Coverage Layers, and any optional riders
and benefits.
Coverage –
insurance coverage on the Insured as provided by the
Policy or other attached Riders.
Coverage
Layer –
is a Basic Coverage Layer or a layer of insurance
coverage on the Insured under an optional rider.
Coverage Layer
Date –
is the effective date of a particular Coverage Layer and
is the date used to determine Coverage Layer months, years and
anniversaries. The Coverage Layer Date for the initial Coverage
Layer is the Policy Date as shown in the Policy Specifications.
Death
Benefit –
the amount which is payable on the date of the
Insured’s death.
Death Benefit
Proceeds –
the amount which is payable to the Beneficiary on the
date of the Insured’s death, adjusted as provided in the
Policy.
Death Benefit
Qualification
Test –
either the Cash Value Accumulation Test or the Guideline
Premium Test. This test determines what the lowest Minimum Death
Benefit should be in relation to a Policy’s Accumulated
Value. Each test available under the Policy is defined in
Section 7702 of the Tax Code.
Face
Amount –
is the specified amount of insurance coverage on the
Insured for each Coverage Layer as shown in the Policy
Specifications.
Fixed Accumulated
Value –
the total amount of your Policy’s value allocated to
the Fixed Accounts.
12
Fixed
Options –
the Fixed Account and Fixed LT Account, which are part of
our General Account.
Free Look
Right –
your right to cancel (or refuse) your Policy and return
it for a refund.
Free Look
Transfer
Date –
for Policies issued in states that require return of
premium if the Free Look Right is exercised, the day we transfer
Accumulated Value from the Cash Management Investment Option to
the Investment Options you chose.
Fund –
Pacific Select Fund, BlackRock Variable Series Funds,
Inc., Fidelity Variable Insurance Products Funds, Franklin
Templeton Variable Insurance Products Trust, GE Investments
Funds, Inc., Janus Aspen Series, Lazard Retirement Series, Inc.,
Legg Mason Partners Variable Equity Trust, Lord Abbett Series
Fund, Inc., MFS Variable Insurance Trust, PIMCO Variable
Insurance Trust, Royce Capital Fund, T. Rowe Price Equity
Series, Inc., Van Eck VIP Trust.
General
Account –
includes all of our assets, except for those held in the
Separate Account, or any of our other separate accounts.
Guideline Premium
Limit –
the maximum amount of premium or premiums that can be
paid for any given Face Amount in order to qualify the Policy as
life insurance for tax purposes as specified in the Guideline
Premium Test.
Guideline Premium
Test –
one of two Death Benefit Qualification Tests available
under the Policy, and defined in Section 7702(a)(2) of the
Tax Code.
Illustration –
a display of Policy benefits based upon the assumed Age
and Risk Class of an Insured, Face Amount of the Policy, Death
Benefit, premium payments, and historical or hypothetical gross
rate of return.
In
Force –
the status of a Policy when all requirements are met to
provide a Death Benefit upon the death of the Insured.
Insured –
the person on whose life the Policy is issued.
Investment
Option –
a Variable Investment Option or Fixed Option.
Loan
Account –
an account which holds amounts transferred from the
Investment Options as collateral for Policy loans.
Loan Accumulated
Value –
the total amount of your Policy’s Accumulated Value
allocated to the Loan Account.
Minimum Death
Benefit –
the lowest Death Benefit needed for the Policy to qualify
as life insurance under Section 7702 of the Tax Code.
Modified
Endowment
Contract –
a type of life insurance policy as described in
Section 7702A of the Tax Code, which receives less
favorable tax treatment on distributions of cash value than
conventional life insurance policies. Classification of a Policy
as a Modified Endowment Contract is generally dependent on the
amount of premium paid during the first seven Policy Years, or
after a material change has been made to the Policy.
Monthly Payment
Date –
the day we deduct monthly charges from your Policy’s
Accumulated Value. The first Monthly Payment Date is your Policy
Date, and it is the same day each month thereafter.
Monthly Deduction
End
Date –
the Policy Anniversary on and after which we do not
deduct a monthly charge. The Monthly Deduction End Date for your
Policy is shown in the Policy Specifications and does not change
for the life of the Insured.
Net Amount At
Risk –
the difference between the Death Benefit payable if the
Insured died and the Accumulated Value of your Policy. We use a
Net Amount At Risk to calculate the Cost of Insurance Charge.
For Cost of Insurance Charge purposes, the Net Amount At Risk is
equal to the Death Benefit as of the most recent Monthly Payment
Date divided by 1.0020598, reduced by the Accumulated Value of
your Policy.
Net Cash
Surrender
Value –
the Cash Surrender Value less any Policy Debt.
Net
Premium –
premium paid less any premium load deducted.
Net Single
Premium –
the amount of premium needed to fund future benefits
under the Policy as specified in the Cash Value Accumulation
Test.
Owner –
the person named on the application who makes the
decisions about the Policy and its benefits while it is In
Force. Two or more Owners are called Joint Owners.
Policy
Anniversary –
the same day as your Policy Date every year after we
issue your Policy.
Policy
Date –
the date used to determine the Monthly Payment Date,
Policy months, Policy Years, and Policy monthly, quarterly,
semi-annual and annual anniversaries. The term “Issue
Date” is substituted for Policy Date for Policies issued in
Massachusetts.
Policy
Debt –
the amount in the Loan Account, plus any interest you owe.
Policy
Specifications –
summarize information specific to your Policy at the time
the Policy is issued. We will send you updated Policy
Specification pages if you change your Policy’s Face Amount
or any of the Policy’s other benefits.
13
Policy
Year –
starts on your Policy Date and each Policy Anniversary,
and ends on the day before the next Policy Anniversary.
Riders –
provide extra benefits, some at additional cost. Any
optional Rider which offers additional insurance coverage on the
Insured will have an initial face amount and any increase is
also referred to as a “Coverage Layer”.
Risk
Class –
is based on an Insured’s gender, health, and tobacco
use and is used to calculate certain Policy charges.
Separate
Account –
the Pacific Select Exec Separate Account, a separate
account of ours registered as a unit investment trust under the
Investment Company Act of 1940.
Tax
Code –
the Internal Revenue Code.
Total Face
Amount –
is the sum of all Coverage Layer Face Amounts. The Total
Face Amount is comprised of Face Amounts of all Basic Coverage
Layers and the Face Amounts of any Rider Coverage. The Total
Face Amount is used to determine the Policy’s Death Benefit.
Variable
Account –
a subaccount of the Separate Account which invests in
shares of a corresponding portfolio of an underlying Fund.
Variable
Investment
Option –
a Variable Account or Variable Option.
Written
Request –
your signed request in writing, which may be required on
a form we provide, and received by us.
M’s Versatile
Product IX is a flexible premium variable life insurance
policy that insures the life of one person and pays Death
Benefit Proceeds after that person has died.
When you buy a
M’s Versatile Product IX life insurance Policy,
you are entering into a contract with Pacific Life Insurance
Company. Your contract with us is made up of your application,
your Policy, applications to change or reinstate the Policy, any
amendments, Riders or endorsements to your Policy, and Policy
Specifications.
Your insurance professional will assist you in completing your
application for the Policy. Your insurance professional’s
broker-dealer firm has up to 7 business days to review the
application before it is sent to us. When we approve your signed
application, we will issue your Policy. If your application does
not meet our underwriting and administrative requirements, we
can reject it or ask you for more information. Your Policy will
be sent to your insurance professional for delivery to you. You
will be asked to sign a policy delivery receipt. For
Policy delivery status, check with your insurance professional.
Our obligations to you under the Policy begin when it is In
Force. We consider your Policy In Force when the following
requirements are met:
•
all necessary contractual and administrative requirements are
met, and
•
we receive and apply the initial premium to the Policy.
If there are any outstanding contractual or administrative
requirements that prevent your Policy from being placed In
Force, your insurance professional will review them with you no
later than when the Policy is delivered. See How Premiums
Work: Your initial premium for more information.
Your Policy will be In Force until one of the following happens:
•
the Insured dies
•
the grace period expires and your Policy lapses, or
•
you surrender your Policy.
If your Policy is not In Force when the Insured dies, we are not
obligated to pay the Death Benefit Proceeds to your Beneficiary.
You can own a Policy by yourself or with someone else. You need
the signatures of all Owners for all Policy transactions.
If one of the Joint Owners dies, the surviving Owners will hold
all rights under the Policy. If the Owner or the last Joint
Owner dies, his or her estate will own the Policy unless you
have given us other instructions.
You can change the Owner of your Policy by completing a Change
of Owner Form. Please contact us or your insurance professional
for a Change of Owner Form. Once we receive and record your
request, the change will be effective as of the day you signed
the Change of Owner Form. You should consult your financial
advisor or a lawyer about designating ownership interests.
The
Insured
This Policy insures the life of one person who is Age 90 or
younger at the time you apply for your Policy, and who has given
us satisfactory evidence of insurability. The Policy pays Death
Benefit Proceeds after the Insured has died.
The Insured is assigned an underwriting or insurance Risk Class
which we use to calculate cost of insurance and other charges.
Most insurance companies use similar risk classification
criteria. We normally use the medical or paramedical
underwriting method to assign underwriting or insurance Risk
Classes, which may require a medical examination. We may,
however, use other forms of underwriting if we think it is
appropriate.
When we use a person’s Age in Policy calculations, we
generally use his or her Age as of the nearest Policy Date, and
we add one year to this Age on each Policy Anniversary. For
example, when we talk about someone “reaching Age
100”, we are referring to the Policy Anniversary closest to
that person’s
100th
birthday, not to the day when he or she actually turns 100.
15
Beneficiaries
Here are some things you need to know about naming Beneficiaries:
•
You can name one or more primary Beneficiaries who each
receive an equal share of the Death Benefit Proceeds unless you
tell us otherwise. If one Beneficiary dies, his or her share
will pass to the surviving primary Beneficiaries in proportion
to the share of the Death Benefit Proceeds they’re entitled
to receive, unless you tell us otherwise.
•
You can also name a contingent Beneficiary for each
primary Beneficiary you name. The contingent Beneficiary will
receive the Death Benefit Proceeds if the primary Beneficiary
dies.
•
You can choose to make your Beneficiary permanent
(sometimes called irrevocable). You cannot change a
permanent Beneficiary’s rights under the Policy without his
or her permission.
If no Beneficiary is living when the Death Benefit Proceeds are
payable, you, as the Policy Owner, will receive the Death
Benefit Proceeds. If you are no longer living, the Death Benefit
Proceeds will go to your estate.
You can change your Beneficiary at any time while the Insured is
alive, and while the Policy is In Force. If you would like to
change your Policy’s Beneficiary, please contact us or your
insurance professional for a Change of Beneficiary Form. Once we
receive and record your request, the change will be effective as
of the day you signed the Change of Beneficiary Form.
This is usually the later of the day we approve your Policy
application or when we receive all administrative requirements
needed to issue the Policy. It is also the beginning of your
first Policy Year. Your Policy’s monthly, quarterly,
semi-annual and annual anniversary dates are based on your
Policy Date.
The Policy Date is set so that it never falls on the
29th,
30th or
31st of
any month.
You or your insurance professional may request that multiple
applications have the same Policy Date and be placed In Force on
a common date. For multilife or employer sponsored cases, please
contact your insurance professional for additional details.
Backdating
your Policy
You can have your Policy backdated up to 6 months, as long as we
approve it. In Ohio, your Policy can be backdated only three
months.
Backdating in some cases may lower your cost of insurance rates
since these rates are based on the Age of the Insured. Your
first premium payment must cover the premium load and monthly
charges for the period between the backdated Policy Date and the
day your Policy is issued.
Re-dating
your Policy
Once your Policy is issued, you may request us to re-date your
Policy. This means your Policy will have a new Policy Date.
Re-dating
will only be allowed back to the date money is received on your
Policy, and can be the earlier of:
•
the date your Policy is delivered to you and you paid initial
premium, or
•
the date we received the initial premium, if earlier than the
delivery date.
If your delivery date is the
29th,
30th or
31st of
any month, the Policy will be dated the
28th of
that month.
If the Policy is re-dated, no Policy charges will be deducted
for any period during which coverage was not provided under the
terms of the Policy and all Policy charges will be calculated
from the new Policy Date. There will be no coverage before the
new Policy Date.
It may be disadvantageous to request that the Policy be
re-dated. A new Policy Date may cause an Insured’s Age for
insurance purposes to change and the cost of insurance rates to
increase. It will also affect events based on time elapsed since
Policy Date, such as suicide and contestable clauses and
surrender charge periods.
We will not re-date Policies that are issued with a temporary
insurance premium. Policies with the Policy Date pre-determined
under an employer or corporate sponsored plan may not be
eligible to re-date.
Your Policy provides a free look period once the Policy
is delivered to you and you sign the Policy delivery receipt.
During the free look period, you have the Free Look Right to
cancel (or refuse) your Policy and return it to us or your
insurance professional for a refund.
16
There are special rules for the free look period in certain
states. You will find a complete description of the free look
period that applies to your Policy on the Policy’s cover
sheet, or on a notice that accompanied your Policy. Generally,
the free look period ends 10 days after you receive your
Policy.
Some states may have a different free look period if you are
replacing another life insurance policy. Please call us or your
insurance professional if you have questions about your Free
Look Right.
The amount of your refund may be more or less than the premium
payments you have made, depending on the state where you signed
your application. We will always deduct any Policy Debt from the
amount we refund to you.
If you exercise your Free Look Right, the amount we refund to
you depends on the requirements of the state in which your
application is signed. One such requirement may be whether your
policy is issued as a replacement of existing insurance or not.
Your initial Net Premium is first allocated to the Cash
Management Variable Account, then once all requirements to place
your policy in force have been satisfied, we transfer the
Accumulated Value in the Cash Management Account to the
Investment Options you have chosen, provided that if we are
required to refund your premium if you exercise your Free Look
Right, such transfer will be delayed until 15 days after we
issue your Policy.
If we are not required to refund your premium if you exercise
your Free Look Right, the amount we refund to you will be
•
any charges or taxes we have deducted from your premiums
•
the Net Premiums allocated to the Fixed Options
•
the Accumulated Value allocated to the Variable Investment
Options
•
any monthly charges and fees we have deducted from your
Policy’s Accumulated Value in the Variable Investment
Options.
California
insureds age 60 and over
For Policies issued in the state of California, if an Insured is
Age 60 or older as of the Policy effective date, the
Policy’s free look period is 30 days from date of
delivery. During the
30-day free
look period, we will hold the Net Premiums in the Cash
Management Investment Option. On the day following the end of
the 30-day
free look period, we will automatically transfer the Accumulated
Value in the Cash Management Investment Option to the Investment
Options you chose. This automatic transfer to your Investment
Option allocation choices is excluded from the transfer
limitations described later in this prospectus.
If you exercise your Free Look Right during the
30-day free
look period, we will refund the premium payments you have made,
less any Policy Debt.
You may specifically direct that, during the
30-day free
look period, all Net Premiums received by us be immediately
allocated to the Investment Options according to your most
recent allocation instructions. You may do this:
•
on your application
•
in writing any time prior to the end of the
30-day free
look period.
If you specifically request your Net Premiums be immediately
allocated to the Investment Options, and you exercise your Free
Look Right during the
30-day free
look period, the amount of your refund may be more or less than
the premium payments you have made. Your refund will be
calculated as of the day we or your insurance professional
receive your request and the Policy. The refund will be:
•
any charges or taxes we have deducted from your premiums
•
the Net Premiums allocated to the Fixed Options
•
the Accumulated Value allocated to the Variable Investment
Options
•
any monthly charges and fees we have deducted from your
Policy’s Accumulated Value in the Variable Investment
Options.
Once your Policy is In Force, the effective date of payments,
forms and requests you send us is usually determined by the day
and time we receive the item in proper form at the appropriate
mailing address. See Where To Go For More Information: How To
Contact Us on the back cover of this prospectus. Sending any
application, premium payment, form, request or other
correspondence to any other address may result in a processing
delay.
Premium payments, loan requests, transfer requests, loan
payments or withdrawal or surrender requests that we receive in
proper form on a Business Day before the time of the close of
the New York Stock Exchange, which is usually 4:00 p.m. Eastern
time, will normally be effective as of the end of that day,
unless the transaction is scheduled to occur on another Business
Day. If we receive your payment or request at or after the time
of the close of the New York Stock Exchange on a Business Day,
your payment or
17
request will be effective as of the end of the next Business
Day. If a scheduled transaction falls on a day that is not a
Business Day, we will process it as of the end of the next
Business Day.
Other forms, notices and requests are normally effective as of
the next Business Day after we receive them in proper form,
unless the transaction is scheduled to occur on another Business
Day. Change of Owner and Beneficiary Forms are effective as of
the day you sign the change form, once we receive them in proper
form.
Proper
form
We will process your requests once we receive all letters, forms
or other necessary documents, completed to our satisfaction.
Proper form may require, among other things, a signature
guarantee or some other proof of authenticity. We do not
generally require a signature guarantee, but we may ask for one
if it appears that your signature has changed, if the signature
does not appear to be yours, if we have not received a properly
completed application or confirmation of an application, or for
other reasons to protect you and us. Call us or contact your
insurance professional if you have questions about the proper
form required for a request.
When
we make payments and transfers
We will normally send the proceeds of withdrawals, loans,
surrenders, exchanges and Death Benefit payments, and process
transfer requests, within seven days after the effective date of
the request in proper form. We may delay payments and transfers,
or the calculation of payments and transfers based on the value
in the Variable Investment Options under unusual circumstances,
for example, if:
•
the New York Stock Exchange closes on a day other than a regular
holiday or weekend
•
trading on the New York Stock Exchange is restricted
•
an emergency exists as determined by the SEC, as a result of
which the sale of securities is not practicable, or it is not
practicable to determine the value of a Variable Account’s
assets, or
•
the SEC permits a delay for the protection of policy owners.
We may delay transfers and payments from the Fixed Options,
including the proceeds from withdrawals, surrenders and loans,
for up to six months. We will pay interest at an annual rate of
at least 2.5% on any withdrawals or surrender proceeds from the
Fixed Options that we delay for 10 days or more.
Death Benefit Proceeds paid are subject to the conditions and
adjustments defined in other policy provisions, such as General
Provisions, Withdrawals, Policy Loans, and Timing of Payments.
We will pay interest on the Death Benefit Proceeds from the date
of death at a rate not less than the rate payable for funds left
on deposit. If payment of Death Benefit Proceeds is delayed more
than 31 calendar days after we receive the above
requirements needed to pay the claim, we will pay additional
interest at a rate of 10% annually beginning with the
31st
calendar day. Death Benefit Proceeds are paid as a lump sum
unless you choose another payment method, as described in the
Income Benefits section.
We send the following statements and reports to policy owners:
•
a confirmation for certain financial transactions, usually
including premium payments and transfers, loans, loan
repayments, withdrawals and surrenders. Monthly deductions and
scheduled transactions made under the dollar cost averaging,
portfolio rebalancing and first year transfer services are
reported on your quarterly Policy statement.
•
a quarterly Policy statement. The statement will tell you the
Accumulated Value of your Policy by Investment Options, Cash
Surrender Value, the amount of the Death Benefit, the
Policy’s Face Amount, and any Policy Debt. It will also
include a summary of all transactions that have taken place
since the last quarterly statement, as well as any other
information required by law.
•
supplemental schedules of benefits and planned periodic
premiums. We will send these to you if you change your
Policy’s Face Amount or change any of the Policy’s
other benefits.
•
financial statements, at least annually or as required by law,
of the Separate Account and Pacific Select Fund, that include a
listing of securities for each portfolio of the Pacific Select
Fund. We will also send you financial statements that we receive
from the other Funds.
If you identify an error on a confirmation, quarterly or annual
statement, you must notify us in writing as soon as possible to
ensure proper accounting to your policy. We assume transactions
are accurate unless you notify us in writing within 90 days
from the date of the transaction confirmation on which the error
occurred or if the transaction is first confirmed on the
quarterly statement, within 90 days after the quarterly
statement date. All transactions are deemed final and may not be
changed after the applicable 90 day period. When you write
us, include your name, policy number and description of the
identified error.
Mail will be sent to you at the mailing address you have
provided. If mail is returned to us as undeliverable multiple
times, we will discontinue mailing to your last known address.
We will, however, regularly attempt to locate your new mailing
address, and will
18
resume mailing your policy related materials to you upon
confirmation of your new address. You can access documents
online by visiting www.PacificLife.com, or receive copies of
documents from us upon request.
Prospectus
and Fund Report Format Authorization
Subject to availability, you may request us to deliver
prospectuses, statements, and other information
(“Documents”) electronically. You may also elect to
receive prospectus and Fund reports on CD-ROM, via US mail
service. If you wish to receive Documents electronically or via
CD-ROM, you authorize us to do so by indicating this preference
on the application, via telephone, or by sending us a Written
Request to receive such Documents electronically. We do not
charge for this service.
For electronic delivery, you must provide us with a current and
active e-mail address and have Internet access to use this
service. While we impose no additional charge for this service,
there may be potential costs associated with electronic
delivery, such as on-line charges. Documents will be available
on our Internet website. You may access and print all Documents
provided through this service. As Documents become available, we
will notify you of this by sending you an e-mail message that
will include instructions on how to retrieve the Document. You
are responsible for any e-mail filters that may prevent you from
receiving e-mail notifications and for notifying us promptly in
the event that your e-mail address changes. You may revoke your
consent for electronic delivery at any time, provided that we
are properly notified, and we will then start providing you with
a paper copy of all required Documents. We will provide you with
paper copies at any time upon request. Such a request will not
constitute revocation of your consent to receive required
Documents electronically.
Unless you elect otherwise your signature on the application
authorizes us to accept telephone and electronic instructions
for the following transactions:
•
transfers between Investment Options
•
initiate the dollar cost averaging and portfolio rebalancing
service
•
change future premium allocation instructions
•
initiate Policy loans.
If you apply for your Policy in Florida, or, in most states, if
you applied for your Policy prior to November 1, 2006, you
must elect to authorize us to accept telephone and electronic
instructions by completing the appropriate section on your
application.
If you do not authorize us to accept telephone or electronic
instructions on your application, you can later instruct us to
accept telephone or electronic instructions as long as you
complete and file a Telephone and Electronic Authorization Form
with us.
Certain insurance professionals are able to give us instructions
electronically if authorized by you. You may appoint your
insurance professional to give us instructions on your behalf by
completing and filing a Telephone and Electronic Authorization
Form with us.
Here are some things you need to know about telephone and
electronic transactions:
•
If your Policy is jointly owned, all Joint Owners must sign the
telephone and electronic authorization. We will take
instructions from any Owner or anyone you appoint.
•
We may use any reasonable method to confirm that your telephone
or electronic instructions are genuine. For example, we may ask
you to provide personal identification or we may record all or
part of the telephone conversation. We may refuse any
transaction request made by telephone or electronically.
We will send you a written confirmation of each telephone and
electronic transaction.
Sometimes, you may not be able to make loans or transfers by
telephone or electronically, for example, if our telephone lines
or our website are busy because of unusual market activity or a
significant economic or market change, or our telephone lines or
the Internet are out of service during severe storms or other
emergencies. In these cases, you can send your request to us in
writing, or call us the next Business Day or when service has
resumed.
When you authorize us to accept your telephone and electronic
instructions, you agree that:
•
we can accept and act upon instructions you or anyone you
appoint give us over the telephone or electronically
•
neither we, any of our affiliates, the Pacific Select Fund, or
any director, trustee, officer, employee or agent of ours or
theirs will be liable for any loss, damages, cost or expenses
that result from transactions processed because of a request by
telephone or submitted electronically that we believe to be
genuine, as long as we have followed our own procedures
•
you bear the risk of any loss that arises from your right to
make loans or transfers over the telephone or electronically.
The chart to the right illustrates how cash normally flows through a Policy.
Under a flexible premium life insurance policy, you have the flexibility to choose the amount and frequency of your premium payments. You must, however, pay enough premiums to cover the ongoing cost of Policy benefits.
Investment earnings will increase your Policy’s Accumulated Value, while investment losses will decrease it. The premium payments you will be required to make to keep your Policy In Force will be influenced by the investment results of the Investment Options you choose.
The dark shaded boxes show the fees and expenses you pay directly or indirectly under your Policy.
In some states we will hold your Net Premium payments in the Cash Management Investment Option until the Free Look Transfer Date. Please turn to Your Free Look Right for details.
We will pay Death Benefit Proceeds to your Beneficiary after the
Insured dies while the Policy is still In Force. Your
Beneficiary generally will not have to pay federal income tax on
Death Benefit Proceeds.
Your Policy’s Death Benefit depends on three choices you
must make:
•
The Total Face Amount
•
The Death Benefit Option
•
The Death Benefit Qualification Test
The Policy’s Death Benefit is the higher of:
1.
The Death Benefit calculated under the Death Benefit Option in
effect; or
2.
The Minimum Death Benefit according to the Death Benefit
Qualification Test that applies to your policy.
The Face Amount of your Policy and any rider providing Coverage
on the Insured is used to determine the Death Benefit as well as
certain policy charges, including the cost of insurance,
Coverage charge and surrender charges.
Your Policy’s Face Amount is made up of one or more of the
following types of Coverage:
1.
Basic Face Amount – the Face Amount under the Policy
2.
Face Amount under SVER Term Insurance Rider –
Individual or Trust/Executive Benefit (SVER)
3.
Face Amount under either of the Annual Renewable Term Riders
(ART)
Your policy must have a Basic Face Amount. You may also select
SVER and ART Coverage at Policy issue. These riders are
described in Optional Riders and Benefits.
Each type of Face Amount you select creates a Coverage Layer.
Your Policy’s initial amount of insurance Coverage, which
you select in your application, is its initial Face Amount. The
Policy’s Total Face Amount is the sum of the Face Amounts
of all Coverage Layers. The Coverage Layers you select in your
application are effective on the Policy Date. The minimum Total
Face Amount when a Policy is issued is usually $50,000, but we
may reduce this in some circumstances. You will find your
Policy’s Total Face Amount, which includes any increases or
decreases, in the Policy Specifications in your Policy.
If you request an increase in Face Amount, a new Coverage Layer
will be created, with its own Coverage Layer Date and policy
charges.
You can increase or decrease your Policy’s Face Amount as
long as we approve it. If you change the Face Amount, we will
send you a supplemental schedule of benefits and premiums.
•
You can change the Face Amount as long as the Insured is alive.
•
You must send us your Written Request while your Policy is In
Force.
•
Unless you request otherwise, the change will become effective
on the first Monthly Payment Date on or after we receive and
approve your request.
•
The Insured must also agree to the change in Face Amount, if you
are not the Insured.
•
Changing the Total Face Amount can affect the Net Amount At
Risk, which affects the cost of insurance charge. An increase in
the Face Amount may increase the cost of insurance charge, while
a decrease may decrease the charge.
•
We can refuse your request to make the Face Amount less than
$1,000.00. We may waive this minimum amount in certain
situations, such as group or sponsored arrangements.
21
Requesting
an Increase in Face Amount
You may request an increase in the Face Amount under the Policy,
SVER rider, or ART rider. Each increase will create a new
Coverage Layer.
Here are some additional things you should know about increasing
the Face Amount under the Policy:
•
The Insured must be Age 90 or younger at the time of the
increase.
•
You must give us satisfactory evidence of insurability.
•
Each increase you make to the Face Amount must be $25,000 or
more.
•
We may charge you a fee of up to $100 for each increase. We
deduct the fee on the day the increase is effective from all of
your Investment Options in proportion to the Accumulated Value
you have in each Investment Option.
•
Each increase in Face Amount will have an associated cost of
insurance rate, coverage charge and surrender charge.
•
We reserve the right to limit Face Amount increases to one per
Policy Year.
Scheduled
Increases in Policy Face Amount under the Scheduled Increase
Rider and Annual Renewable Term Rider –
Individual
The Scheduled Increase Rider (SIR Rider) is an optional Rider
you may purchase at Policy Issue. It provides for increases of
either Basic or Annual Renewable Term Face Amount with limited
financial underwriting.
SIR Rider:
•
Is available to the Insured between Policy issue
Ages 20-65
•
Increases can be in policy years 2-11 and may be in Base Face
Amount, Annual Renewable Term face, or a combination of both
•
Annual increases must be of equal Face Amount
•
Scheduled increases cannot begin until Policy Year 2 and may be
scheduled annually, every two years or every three years; The
maximum annual increase is limited to 50% of initial Face Amount
•
Maximum cumulative increases are limited to 400% of the initial
Face Amount
•
If the Policy has scheduled increases provided by the SIR Rider,
the Maximum Total Face Amount is $25,000,000
•
Annual increases must be the greater of 1% of the initial Face
Amount or $10,000
•
Policies must be fully underwritten in order to qualify for this
rider
•
Scheduled Increases are medically underwritten at Policy issue
For Increases under the SIR Rider:
•
Each increase in either Basic Face Amount or ART Rider will
create a new Coverage Layer either under the Policy or under the
ART Rider
•
Each Coverage Layer will have its own cost of insurance charge,
coverage charge and, for Basic Coverage, surrender charge.
•
Each Coverage Layer and its guaranteed charges are shown in your
Policy Specifications at issue.
Increases under the SIR Rider may be subject to financial
underwriting at issue or at the time of the increase. Any
required evidence of financial insurability must be provided at
least 15 days before the Scheduled Increase is to take
effect. If you fail to provide the required evidence or if we
determine that the evidence you provided does not meet our
financial underwriting standards, the increase will not take
effect. If we do not approve an increase that requires evidence
or if we approve an increase for an amount less than the full
amount of the Scheduled Increase, any future Scheduled Increases
will not be forfeited.
The SIR Rider schedule of increases may not be changed after
Policy Issue. You may decline any scheduled increase at the time
it is to take effect. If you decline any increase, all future
scheduled increases are forfeited. If you Decrease any Policy
Face Amount coverage, all future SIR Rider scheduled increases
are forfeited.
Scheduled
Increases Under the Annual Renewable Term Rider
The ART Rider is available for purchase at Policy issue. You may
not use this Rider in conjunction with the SIR rider. Under this
Rider, you may schedule increases in term insurance Coverage as
follows:
For Policies subject to full underwriting
•
All Ages
•
Policies issued to issue
Ages 20-65
may schedule increases in years 2-11 but must include scheduled
increases beyond the eleventh policy year. However, some
salary-based plans may be exempt from this requirement.
The Rider is available at all ages for Policies that are not
subject to full underwriting.
22
Scheduled Increases under the ART Rider work as follows:
•
Scheduled Increases are available only on the Primary insured
•
The maximum Scheduled Increase at attained
ages 0-79
is 20% of the Total Face Amount before the increase
•
The maximum Scheduled Increase at attained
ages 80-94
is 5% of the Total Face Amount before the increase
•
Increases will not be scheduled beyond attained age 94
•
Each increase is an increase to the Coverage Layer at issue, and
does not create a new Coverage Layer
•
The guaranteed COI rates and coverage charge rates are provided
on the Policy Specifications at issue
•
The cost of insurance charges will increase due to the increase
in the policy’s Net Amount At Risk.
The schedule of increases may not be changed after the Policy
has been issued.
Other
Increases in Face Amount
The Policy’s Face Amount may increase under the Policy, the
SVER Rider or the ART Riders when you request a change in Death
Benefit Option. In this case, we will increase the Face Amount
of the most recently issued Coverage Layer. If there are Basic
and Rider Coverage Layers with the same Coverage Layer Date, we
will increase the Rider Face Amount first.
Requesting
a Decrease in Total Face Amount
You may request a decrease in the Policy’s Total Face
Amount. A decrease in the Total Face Amount is subject to the
following limits:
•
We do not allow decreases during the first Policy Year
•
You may only request one decrease per policy year
•
The Policy’s Face Amount must be at least $1,000 following
a decrease. We can refuse your request if the change in Face
Amount would mean that your policy no longer qualifies as Life
Insurance under the Code
•
Unless you have told us otherwise in writing, any request for a
decrease will not take effect if the policy would be classified
as a Modified Endowment Contract under the Code.
Decreasing the total Face Amount may affect your Policy’s
tax status. To ensure your Policy continues to qualify as life
insurance, we might be required:
•
to return part of your premium payments to you if you have
chosen the Guideline Premium Test, or
•
make distributions from the Accumulated Value, which may be
taxable. For more information, please see Variable Life
Insurance and Your Taxes.
We can refuse your request if the amount of any distributions
would exceed the Net Cash Surrender Value under the policy.
Processing
of Decreases
Decreasing the Total Face Amount, whether as a result of your
request or as a result of a withdrawal or change in Death
Benefit Option, will reduce the Face Amount of the Coverage
Layers.
We will apply any decrease in the Face Amount to eligible
Coverage Layers to the most recent eligible increases your made
to the Face Amount first and then to the Initial Face Amount.
If more than one Coverage Layer has the same Coverage Layer
Date, we will first reduce the Face Amount of any SVER Coverage
Layer first , and then the Face Amount of any policy Coverage
Layer.
The Policy offers three Death Benefit Options, Options A, B, and
C. The Death Benefit Option you choose will generally depend on
which is more important to you: a larger Death Benefit or
building the Accumulated Value of your Policy.
Here are some things you need to know about the Death Benefit:
•
You choose your Death Benefit Option and Death Benefit
Qualification Test on your Policy application
•
If you do not choose a Death Benefit Option, we will assume you
have chosen Option A
•
The Death Benefit will never be lower than the Total Face Amount
of your Policy if you have chosen Option A or B
•
You may change your Death Benefit Option subject to certain
Limits.
23
The Death Benefit Options are:
Option A – the Total Face Amount of your
Policy.
Option B – the Total Face Amount of your
Policy plus its Accumulated Value.
Option C – the Total Face Amount of your
Policy plus the total premiums you have paid minus any
withdrawals or distributions made.
The Death Benefit changes as your Policy’s Accumulated
Value changes. The better your Investment Options perform, the
larger the Death Benefit will be.
The more premiums you pay and the less you withdraw, the larger
the Death Benefit will be.
Limits on
Option C
The following limits apply to Option C:
•
To elect Option C, the Insured must be Age 80 or younger at
the time the Policy is issued.
•
The Death Benefit calculated under Option C will be limited to
the Option C Death Benefit Limit shown in your Policy
Specifications.
•
Once the Policy is issued, the Option C Death Benefit Limit will
not change, even if you increase or decrease the Face Amount of
your Policy or any Rider.
•
We will not approve any increase in Face Amount to the Policy or
any Rider that would cause the Death Benefit to exceed the
Option C Death Benefit Limit.
You can change your Death Benefit Option while your Policy is In
Force, subject to the following:
•
You can change the Death Benefit Option once in any Policy Year.
•
You must send us your Written Request.
•
You can change from any Death Benefit Option to Option A or
Option B.
•
You cannot change from any Death Benefit Option to Option C.
•
The change will become effective on the first Monthly Payment
Date after we receive your request. If we receive your request
on a Monthly Payment Date, we will process it that day.
•
We will not let you change the Death Benefit Option if doing so
means the Face Amount of your Policy will become less than
$1,000.
•
Changing the Death Benefit Option can also affect the monthly
cost of insurance charge since this charge varies with the Net
Amount At Risk.
•
The new Death Benefit Option will be used in all future
calculations.
•
We will not change your Death Benefit Option if it means your
Policy will be treated as a Modified Endowment Contract, unless
you have told us in writing that this would be acceptable to
you. Modified Endowment Contracts are discussed in Variable Life
Insurance and Your Taxes.
Changing your Death Benefit Option will increase or decrease
your Total Face Amount under the Policy. The Total Face Amount
of your Policy will change by the amount needed to make the
Death Benefit under the new Death Benefit Option equal the Death
Benefit under the old Death Benefit Option just before the
change.
If the change is an increase in the Total Face Amount, we will
increase the Face Amount of the most recently issued Coverage
Layer. If the change is a decrease in the Total Face Amount, we
will process the decrease as described in Processing
Decreases in Face Amount.
In order for your policy to be qualified as Life Insurance under
the Code, it must qualify under one of two Tests, the Cash Value
Accumulation Test (CVAT) or the Guideline Premium Test (GPT).
24
You choose one of these Death Benefit Qualification Tests on
your application. Your Death Benefit Qualification Test
determines the following:
•
Premium limitations
•
amount of Minimum Death Benefit
Each test determines what the Minimum Death Benefit should be in
relation to your Policy’s Accumulated Value. The Death
Benefit determined under either test will be at least equal to
the amount required for the Policy to qualify as life insurance
under the Tax Code.
Comparing
the Death Benefit Qualification Tests
The table below shows a general comparison of how features of
your Policy may be affected by your choice of Death Benefit
Qualification Test. When choosing between the tests, you should
consider:
Cash Value
Accumulation
Test
Guideline Premium
Test
Premium
payments1
Allows flexibility to pay more premium
Premium payments are limited under the Tax Code
Death Benefit
Generally higher as Policy duration increases
May be higher in early years of Policy
Monthly cost of insurance charges
May be higher, if the Death Benefit is higher
May be lower, except perhaps in early years of Policy
Face Amount decreases
Will not require return of premium or distribution of
Accumulated Value
May require return of premium or distribution of Accumulated
Value to continue Policy as life insurance
1
If
you want to pay a premium that increases the Net Amount At Risk,
you will need to provide us with satisfactory evidence of
insurability before we can increase the Death Benefit. In this
event, your cost of insurance charges will also increase. Cost
of insurance charges are based, among other things, upon your
Policy’s Net Amount At Risk. See Your Accumulated
Value for more information on how cost of insurance charges
are calculated.
The tables below compare the Death Benefits provided by the
Policy’s available Death Benefit Options. The examples are
intended only to show differences in Death Benefits and Net
Amounts at Risk. Accumulated Value assumptions may not be
realistic.
These examples show that each Death Benefit Option provides a
different level of protection. Keep in mind that cost of
insurance charges, which affect your Policy’s Accumulated
Value, increase over time. The cost of insurance is charged at a
rate based on the Net Amount At Risk. As the Net Amount At Risk
increases, your cost of insurance increases. Accumulated Value
also varies depending on the performance of the Investment
Options in your Policy.
The example below assumes the following:
•
the Insured is Age 45 at the time the Policy was issued and
dies at the beginning of the sixth Policy Year
•
Face Amount is $100,000
•
Accumulated Value at the date of death is $25,000
•
total premium paid into the Policy is $30,000
•
the Minimum Death Benefit under the Guideline Premium Test is
$46,250 (assuming a Guideline Premium Test factor of
185% × Accumulated Value)
•
the Minimum Death Benefit under the Cash Value Accumulation Test
is $75,575 (assuming a Net Single Premium factor of $3.0230 of
the Accumulated Value).
If you select the
Guideline
Premium Test, the
Death
Benefit is the
larger of these two amounts
Death
Death Benefit
Net Amount At
Risk
Benefit
How it’s
under the
Minimum
used for cost
of
Option
calculated
Death Benefit
Option
Death
Benefit
insurance
charge
Option A
Total Face Amount
$100,000
$46,250
$74,794.44
Option B
Total Face Amount plus Accumulated Value
$125,000
$46,250
$99,743.05
Option C
Total Face Amount plus premiums less distributions
$130,000
$46,250
$104,732.78
25
If you select the
Cash Value
Accumulation
Test, the Death
Benefit is the
larger of these two amounts
Death
Death Benefit
Net Amount At
Risk
Benefit
How it’s
under the
Minimum
used for cost
of
Option
calculated
Death Benefit
Option
Death
Benefit
insurance
charge
Option A
Total Face Amount
$100,000
$75,575
$74,794.44
Option B
Total Face Amount plus Accumulated Value
$125,000
$75,575
$99,743.05
Option C
Total Face Amount plus premiums less distributions
$130,000
$75,575
$104,732.78
If the Death Benefit equals the Minimum Death Benefit, any
increase in Accumulated Value will cause an automatic increase
in the Death Benefit.
Here’s the same example, but with an Accumulated Value of
$75,000. Because Accumulated Value has increased, the Minimum
Death Benefit is now:
•
$138,750 for the Guideline Premium Test
•
$226,725 for the Cash Value Accumulation Test.
If you select the
Guideline
Premium Test, the
Death
Benefit is the
larger of these two amounts
Death
Death Benefit
Net Amount At
Risk
Benefit
How it’s
under the
Minimum
used for cost
of
Option
calculated
Death Benefit
Option
Death
Benefit
insurance
charge
Option A
Total Face Amount
$100,000
$138,750
$63,464.79
Option B
Total Face Amount plus Accumulated Value
$175,000
$138,750
$99,640.28
Option C
Total Face Amount plus premiums less distributions
$130,000
$138,750
$63,464.79
If you select the
Cash Value
Accumulation
Test, the Death
Benefit is the
larger of these two amounts
Death
Death Benefit
Net Amount At
Risk
Benefit
How it’s
under the
Minimum
used for cost
of
Option
calculated
Death Benefit
Option
Death
Benefit
insurance
charge
Option A
Total Face Amount
$100,000
$226,725
$151,258.95
Option B
Total Face Amount plus Accumulated Value
$175,000
$226,725
$151,258.95
Option C
Total Face Amount plus premiums less distributions
We calculate the amount of the Death Benefit Proceeds as of the
end of the day the Insured dies. If the Insured dies on a day
that is not a Business Day, we calculate the Death Benefit
Proceeds as of the next Business Day.
Your Policy’s Beneficiary must send us proof that the
Insured died while the Policy was In Force, along with payment
instructions. Your Beneficiary can choose to receive the Death
Benefit Proceeds in a lump sum or use it to buy an income
benefit. Please see the discussion about income benefits in
General Information About Your Policy.
Death Benefit Proceeds equal the total of the Death Benefits
provided by your Policy and any Riders you have added, minus any
Policy Debt, minus any overdue Policy charges.
We will pay interest on the Proceeds from the date of death at a
rate not less than the rate payable for funds left on deposit
(please see the Income Benefits section). If payment of Proceeds
is delayed more than 31 calendar days after we receive the above
requirements needed to pay the claim, we will pay additional
interest at a rate of 10% annually beginning with the
31st
calendar day referenced above.
It is important that we have a current address for your
Beneficiary so that we can pay Death Benefit Proceeds promptly.
If we cannot pay the Death Benefit Proceeds to your Beneficiary
within five years of the death of the Insured, we will be
required to pay them to the state.
There are optional Riders that provide extra benefits, some at
additional cost. Not all Riders are available in every state,
and some Riders may only be added when you apply for your
Policy. Ask your insurance professional for more information
about the Riders available with the Policy, or about other kinds
of life insurance policies offered.
Some broker/dealers may limit their clients from purchasing some
optional benefits based on the client’s age or other
factors. You should work with your insurance professional to
decide whether an optional benefit is appropriate for you.
Certain restrictions may apply and are described in the Rider or
benefit. We will add any Rider charges to the monthly charge we
deduct from your Policy’s Accumulated Value.
We will add any Rider charges to the monthly charge we deduct
from your Policy’s Accumulated Value.
There are three types of riders available under the
Policy
•
Riders providing Face Amount on the insured
•
Riders that provide additional cash value protection
•
Riders that provide additional benefits
Riders that provide Face Amount Coverage on the insured (terms
for these Riders are described below):
•
Annual Renewable Term Rider Provides term insurance on the Insured and is renewable
annually until the Policy terminates.
•
SVER Term Insurance Rider – Individual and SVER
Term Insurance Rider – Trust/Executive Benefit Provides term insurance on the Insured in combination with
the Face Amount of the Policy.
Riders that provide additional cash value protection (terms for
these Riders are described below):
•
Minimum Earnings Benefit Rider Provides for minimum earnings protection.
•
Overloan Protection II Rider Provides a one-time no-lapse guarantee to the Policy.
•
Short Term No Lapse Guarantee Protects the Policy from lapsing for a period of time due to
poor policy performance.
Riders that provide additional coverage to you or your family:
•
Accelerated Living Benefits Rider Gives the Policy Owner access to a portion of the
Policy’s Death Benefit if the Insured has been diagnosed
with a terminal illness resulting in a life expectancy of six
months or less (or longer than six months in some states). There
may be tax consequences if you exercise your rights under the
Accelerated Living Benefits Rider. Please see Variable Life
Insurance and Your Taxes for more information.
•
Accidental Death Rider Provides additional insurance coverage in the event of the
accidental death of the Insured.
•
Annual Renewable Term Rider – Additional Insured Provides annual renewal term insurance on members of the
Insured’s immediate family.
•
Children’s Term Rider Provides term insurance for the children of the Insured.
•
Disability Benefit Rider Provides a monthly addition to the Policy’s Accumulated
Value when the Insured has a qualifying disability, until he or
she reaches age 65.
•
Guaranteed Insurability Rider Gives the right to buy additional insurance on the life of
the Insured on certain specified dates without proof of
insurability.
•
Waiver of Charges Rider Waives certain charges if the Insured becomes totally
disabled before age 60.
More detailed information about the Accidental Death Rider,
Annual Renewable Term Rider – Additional Insured,
Children’s Term Rider, Disability Benefit Rider, Guaranteed
Insurability Rider, and Waiver of Charges Rider appears in the
SAI. To obtain a copy of
27
the SAI, visit our website at www.PacificLife.com. Samples of
the provisions for the extra optional benefits are available
from us upon Written Request.
•
Annual Renewable Term Rider
Provides term insurance on the Insured and is renewable annually
until the Policy terminates. The Rider is available for Insureds
Age 90 or younger at the time of Rider issue. The Rider
modifies the Death Benefit of the Policy to include the Face
Amount of the Rider, so that the Death Benefit equals the
greater of the Death Benefit as calculated under 1) the
Death Benefit Option you choose on the Policy plus the Face
Amount of the Rider, or 2) the Minimum Death Benefit under
the Death Benefit Qualification Test you have chosen. The amount
of coverage can be level or vary every year and may follow any
pattern, subject to underwriting approval, to match your need
for insurance. Annual increases are scheduled at issue. You may
also request unscheduled increases or decreases in Face Amount
of the Rider, subject to certain limitations.
The guaranteed monthly cost of insurance rate and monthly
coverage charge will be shown in your Policy Specifications. Our
current cost of insurance rates for the Rider are lower than the
guaranteed rates. The current charge for this Rider is $0.
You may request increases or decreases in Face Amount of the
Rider. Each increase will be subject to satisfactory evidence of
insurability and will have associated cost of insurance and
coverage charges. Unless you request otherwise, the increase
will become effective on the first Monthly Payment Date on or
following the date we receive and approve your request. We may
deduct an administrative charge not to exceed $100 from your
Policy’s Accumulated Value on the effective date of any
unscheduled increase. You must send a Written Request if you
wish to decrease the Face Amount of this Rider. Decreases will
be effective on the first Monthly Payment Date on or following
the date the Written Request is received at our Life Insurance
Operations Center. Decreases will first be applied against the
most recent increase, if any, and then against successively
earlier increases, if any, and finally against the original
Annual Renewable Term Rider Face Amount.
The Rider will terminate on the earliest of your Written
Request, or on lapse or termination of this Policy.
•
Annual Renewable Term Rider – Individual
Provides term insurance on the Insured and is renewable annually
until the Policy terminates. The Rider is available for Insureds
Age 90 or younger at the time of Rider issue. The Rider
modifies the Death Benefit of the Policy to include the Face
Amount of the Rider, so that the Death Benefit equals the
greater of the Death Benefit as calculated under 1) the
Death Benefit Option you choose on the Policy plus the Face
Amount of the Rider, or 2) the Minimum Death Benefit under
the Death Benefit Qualification Test you have chosen. The amount
of coverage can be level or vary every year and may follow any
pattern, subject to underwriting approval, to match your need
for insurance. Annual increases are scheduled at issue. You may
also request unscheduled increases or decreases in Face Amount
of the Rider, subject to certain limitations.
The guaranteed monthly cost of insurance rate and monthly
coverage charge will be shown in your Policy Specifications. Our
current cost of insurance rates for the Rider are lower than the
guaranteed rates. The current charge for this Rider is $0.
You may request increases or decreases in Face Amount of the
Rider. Each increase will be subject to satisfactory evidence of
insurability and will have associated cost of insurance and
coverage charges. Unless you request otherwise, the increase
will become effective on the first Monthly Payment Date on or
following the date we receive and approve your request. We may
deduct an administrative charge not to exceed $100 from your
Policy’s Accumulated Value on the effective date of any
unscheduled increase. You must send a Written Request if you
wish to decrease the Face Amount of this Rider. Decreases will
be effective on the first Monthly Payment Date on or following
the date the Written Request is received at our Life Insurance
Operations Center. Decreases will first be applied against the
most recent increase, if any, and then against successively
earlier increases, if any, and finally against the original
Annual Renewable Term Rider Face Amount.
The Rider will terminate on the earliest of your Written
Request, or on lapse or termination of this Policy.
•
SVER Term Insurance Rider – Individual
Provides term insurance on the Insured in combination with the
Face Amount of the Policy. You may purchase the Rider at Policy
issue. The Rider modifies the Death Benefit of the Policy to
include the Face Amount of the Rider, so that the Death Benefit
equals the greater of the Death Benefit as calculated under
1) the Death Benefit Option you choose on the Policy plus
the Face Amount of the Rider, or 2) the Minimum Death
Benefit under the Death Benefit Qualification Test you have
chosen.
The guaranteed monthly cost of insurance rate and monthly
coverage charge will be shown in your Policy Specifications. Our
current cost of insurance rates for the Rider are lower than the
guaranteed rates.
You may request increases or decreases in Face Amount of the
Rider. Each increase will be subject to satisfactory evidence of
insurability and will have associated cost of insurance and
coverage charges. Unless you request otherwise, the increase
will become effective on the first Monthly Payment Date on or
following the date we receive and approve your request. We may
limit increases of Rider Face Amount to one per Policy year. We
may deduct an administrative charge not to exceed $100 from your
Policy’s Accumulated Value on the effective date of any
unscheduled increase. Decreases will be effective on the first
Monthly Payment Date
28
on or following the date the Written Request is received at our
Life Insurance Operations Center. A Face Amount decrease of this
Rider will not decrease the Coverage Charge. Decreases will
first be applied against the most recent increase, if any, and
then against successively earlier increases, if any, and finally
against the original SVER Term Insurance Rider Face Amount.
The Rider will terminate on the earliest of your Written
Request, or on lapse or termination of this Policy.
•
SVER Term Insurance Rider – Trust/Executive
Benefit
Provides term insurance on the Insured in combination with the
Face Amount of the Policy. May also provide higher early cash
value. The Rider may be purchased at Policy issue, subject to
state availability. Policies must be owned by a corporation,
trust or individual (when part of an employer-sponsored
arrangement) which meet the annual aggregate premium requirement
of $50,000 annually.
The charges for this Rider will be shown in the Policy
Specifications. The total monthly charge is comprised of three
components:
•
the rider coverage charge
•
the rider cost of insurance charge; and
•
the termination credit charge. You will be responsible for the
termination credit charge even if the termination credit is
reduced to zero.
While this Rider is in effect:
1.
The Rider modifies the Death Benefit of the Policy to include
the Face Amount of the Rider, so that the Death Benefit as
calculated under the Death Benefit Option you choose on the
Policy is increased by the Face Amount of the Rider. For
purposes of determining the minimum Death Benefit of the Policy,
the amount of the termination credit will be added to the
Policy’s Accumulated Value before the minimum Death Benefit
Under the Death Benefit Qualification Test is calculated.
2.
If you surrender the Policy, we will pay you a termination
credit in addition to the Net Cash Surrender Value, unless
either of the following is true:
•
the Policy is surrendered in connection with the purchase of a
replacement life insurance policy including, but not limited to,
a replacement intended to qualify as a tax free exchange under
Section 1035 of the Tax Code; or
•
the Owner at the time of Policy surrender is different from the
Owner on the Policy application, and the Owner at the time of
Policy surrender is a life insurance company.
The purpose of the termination credit is to minimize the impact
on earnings for corporations or other entities purchasing the
Policy.
You may request increases or decreases in Face Amount of the
Rider. Each increase will be subject to satisfactory evidence of
insurability and will have associated Rider coverage charges and
Rider cost of insurance charges. Unless you request otherwise,
the increase will become effective on the first Monthly Payment
Date on or following the date we receive and approve your
request. Each increase in Rider Face Amount has its own Rider
coverage charge and Rider cost of insurance charge, which will
be shown on a supplemental schedule of coverage sent to you at
the time of the increase. We may deduct an administrative charge
not to exceed $100 from your Policy’s Accumulated Value on
the effective date of an increase.
Decreases will be effective on the first Monthly Payment Date on
or following the date the Written Request is received at our
Life Insurance Operations Center. A Face Amount decrease of this
Rider will not decrease the Coverage Charge. Decreases will
first be applied against the most recent increase, if any, and
then against successively earlier increases, if any, and finally
against the original SVER Term Insurance Rider –
Trust/Executive Benefit Face Amount.
There are two components to the termination credit:
1.
an amount added to the Policy’s surrender value to the
premiums paid (subject to a maximum disclosed in the Policy
Specifications for this Rider), less withdrawals, multiplied by
a percentage that varies by policy duration; and
2.
a refund of the rider charge if the premiums paid under the
Policy are less than the maximum premium upon which the first
component is determined.
The termination credit added to your Net Cash Surrender Value if
you surrender your Policy is calculated in two parts, and is the
sum of the results of the two calculations, except if
Termination Credit Part 1 equals zero, then Termination
Credit Part 2 will also be zero.
Termination Credit Part 1 equals A × B where:
A
=
the termination credit percentage; and
B
=
the termination credit basis.
29
Termination Credit Part 2 equals the greater of zero and
C × D × (E − (F/G)),
where:
C
=
the termination credit factor;
D
=
the lesser of 60 and the number of whole Policy months that have
elapsed;
E
=
the maximum annual termination credit basis;
F
=
the sum of premiums paid; and
G
=
1 + the number of whole Policy Years elapsed.
The initial termination credit percentage, and the
termination credit factor and maximum annual
termination credit basis are shown in your Policy
Specifications for this Rider. We may reduce the schedule of
termination credit percentages, and even reduce such percentages
to zero, but not until at least 30 days after we have sent
you revised Policy Specifications that show the reduced
termination credit percentages. Any such reduced schedule of
termination credit percentages will apply uniformly to all
members of the same Class.
The termination credit basis is the lesser of
(a − c) or (b − c), where:
a
=
the total amount of premiums paid on the Policy;
b
=
the maximum annual termination credit basis, multiplied by
1 + the number of whole Policy Years elapsed; and
c
=
the total amount of any withdrawals you have taken from your
Policy’s Accumulated Value.
If the Insured dies while the Rider is in effect, the
Termination Credit will be added to the Accumulated Value prior
to calculating the Death Benefit under the Death Benefit
Qualification Test.
An
example
The Policy is at the end of the fifth Policy Year and
The total of Termination Credit Part 1, or $2,500, and
Termination Credit Part 2, or $0, will result in the
addition of $2,500 to the Policy’s Net Cash Surrender Value.
This Rider will terminate on the earliest of your Written
Request or termination of the Policy.
•
Minimum Earnings Benefit Rider
Allows allocation to the Variable Investment Options while
providing minimum earnings protection at Rider maturity. The
Rider may be purchased at Policy issue for an Insured who is
Age 60 or younger. The monthly charge for this Rider will
be shown in your Policy Specifications.
To be eligible for this Rider, any amounts allocated to the
Variable Investment Options must be allocated under an asset
allocation model. This means you may not allocate among the
Variable Investment Options at your discretion. Not all models
we offer under any asset allocation program established and
maintained by us may be eligible for use with this Rider.
Currently, portfolio optimization Model E is not available
for use with this Rider. You may also allocate Accumulated Value
to the Fixed Account and/or Fixed LT Account.
This Rider provides that your Policy’s Accumulated Value
will be equal to the greater of the Policy’s Accumulated
Value immediately prior to Rider maturity or the Alternate
Accumulated Value.
You elect a Rider Maturity Date when you apply for this
Rider. Once selected, the Rider Maturity Date may not be
changed. The Rider Maturity Date may be set from 10 to
20 years from the date of issue. The length of time before
the Rider matures affects the Alternate Accumulated Value
Monthly Factor and the Alternate Premium Load, both
used in the calculation of the Alternate Accumulated Value and
shown in your Policy Specifications. The Alternate Accumulated
Value Monthly Factor will never be less than 1.00295. The
Alternate Premium Load will never be greater than 25%.
The Alternate Accumulated Value is a calculated value reflecting
a minimum level of earnings for the Policy. The Alternate
Accumulated Value is initially zero and is calculated on each
Monthly Payment Date, including the Policy Date. The Alternate
Accumulated Value calculated on any Monthly Payment Date is
equal to:
•
the Alternate Accumulated Value immediately prior to the
calculation,
30
•
increased by any premiums paid since the prior Monthly Payment
Date, less the Alternate Premium Load,
•
reduced by the Policy’s actual monthly deduction on the
Monthly Payment Date and any other Policy charges since the
prior Monthly Payment Date, and
•
reduced by any withdrawals that have been taken since the prior
Monthly Payment Date,
•
with the result multiplied by the Alternate Accumulated Value
Monthly Factor.
If your Policy’s Alternate Accumulated Value is greater
than your Policy’s Accumulated Value and you take a loan or
withdrawal, we reserve the right to reduce the Alternate
Accumulated Value so that the Alternate Accumulated Value is
reduced in the same proportion as the Policy’s Accumulated
Value as a result of such loan or withdrawal.
An
example
For a Policy with:
•
An Accumulated Value of $100,000
•
An Alternate Accumulated Value of $120,000
If you request a withdrawal of $10,000, the Accumulated Value
following the withdrawal will be $90,000
($100,000 − $10,000), which is a reduction of
10%. We will then reduce the Alternate Accumulated Value to
$108,000 ($120,000 − 10% × $120,000 =
$120,000 − $12,000 = $108,000).
•
Overloan Protection II Rider
The Rider
After Policy Issue
The Rider cannot be exercised during the first 15 Policy Years
or before the Insured is Age 75, but there is a minimum premium
requirement during the first five Policy Years to keep the Rider
in effect prior to exercise. There is no charge for this Rider
unless you exercise it. Please see Rider Termination
below for termination conditions of the Rider before and after
exercise. You may not pay premiums or take withdrawals from your
Policy after exercise of the Rider. The Rider may not be
exercised after the Policy has entered the grace period.
Premium payments, less Policy loans and withdrawals, must equal
or exceed the minimum five-year premium. The minimum
five-year premium equals 350% of the lesser of your
Policy’s guideline level premium or seven-pay premium at
issue and is shown in your Policy Specifications. The minimum
five-year premium for your Policy will not change. If enough
cumulative premium has not been paid during the first five
Policy Years to satisfy this requirement, we will send you a
notice stating the amount of additional premium that must be
paid to keep the Rider in effect. You will have at least
60 days after the mailing of the notice to pay additional
premium to keep this Rider in effect. If we have not received
the additional premium by that date, this Rider will terminate.
The Rider
At Exercise
The exercise effective date will be the Monthly Payment
Date on or next following the date we receive your Written
Request to exercise this Rider and all exercise requirements are
met. To exercise the Rider, each of the following conditions
must be true as of the exercise effective date:
•
The minimum five-year premium requirement was met.
•
The Death Benefit Option is Option A.
•
The Policy must have been In Force for at least 15 years.
•
The Insured’s Age is within the range of Ages shown in the
Overloan Protection Rider section of the Policy Specifications.
The Rider may not be exercised if the Insured is younger than
Age 75 or older than Age 120.
•
There must be sufficient Accumulated Value to cover the rider
exercise charge as described below.
•
The Policy Debt is greater than the Face Amount, but less than
99.9% of the Accumulated Value after the charge for this Rider
has been deducted from the Accumulated Value.
•
There are no projected forced distributions of Accumulated Value
for any Policy Year.
•
The Guideline Premium Limit for the Policy will remain greater
than zero at all times prior to Insured’s Age 100.
•
The Policy must not be a Modified Endowment Contract, and
exercising this Rider must not cause the Policy to become a
Modified Endowment Contract.
•
There are no Riders requiring charges after the exercise
effective date, other than this Rider and any term insurance
Rider on the Insured, and there must not be any change in term
insurance Rider Face Amount scheduled to take effect after the
exercise
31
effective date. You must terminate any Riders requiring
charges and any scheduled changes in term insurance prior to
exercise of this Rider.
•
The policy must not be in the grace period.
Contact us if you have any questions about your eligibility to
exercise this Rider.
On the exercise effective date, we:
1.
Transfer any Accumulated Value in the Investment Options into
the Fixed LT Account. No transfer charge will be assessed for
such transfer, nor will it count against, or be subject to, any
transfer limitations that may be in effect.
2.
Deduct the charge for this Rider from your Policy’s
Accumulated Value.
There is a one-time charge to exercise this Rider. The charge
will not exceed the Accumulated Value multiplied by the
overloan protection rate shown for the Insured’s Age
at exercise in the Policy Specifications, as of the exercise
effective date. The charge ranges from 1.12% to 4.52% of the
Policy’s Accumulated Value, and is based on the
Insured’s gender, Risk Class and Age at the time the Rider
is exercised. There is no charge if the Rider is never
exercised. After exercise of the Rider, and while it continues
in effect, the Policy’s lowest Death Benefit will be the
Death Benefit percentage multiplied by the greater of the
Accumulated Value or the Policy Debt.
An
example
For a male, non-smoker Insured, Age 85 when the Rider is
exercised, the charge will be 2.97% of the Policy’s
Accumulated Value on the exercise effective date. If the
Policy’s Accumulated Value is $25,000, the charge deducted
from the Accumulated Value on the exercise effective date is
$742.50. ($25,000 × 2.97% = $742.50).
The Rider
After Exercise
After the exercise effective date and as long as the
Rider stays in effect, the Policy will not lapse if the
Accumulated Value is insufficient to cover Policy charges, even
if the insufficiency is caused by Policy Debt exceeding
Accumulated Value.
After the exercise of the Rider, the Minimum Death Benefit of
the Policy will be the Death Benefit percentage multiplied by
the greater of the Accumulated Value or the Policy Debt.
Calculation of the Death Benefit, Minimum Death Benefit and
Death Benefit Proceeds is described in The Death Benefit.
Rider
Termination
This Rider will terminate on the earliest of the following
events:
•
You do not pay enough premium to meet the minimum five-year
premium requirement;
•
The Policy terminates;
•
You make a Written Request to terminate this Rider; or
•
If, after the exercise effective date:
•
any premium is paid
•
any withdrawal is taken
•
any loan repayment is made, other than for loan interest due
•
any Policy benefit is changed or added at your request
•
any transfer among the Investment Options is done at your
request.
If the Rider terminates after the exercise effective date
and while the Policy is In Force, any amount by which the
Policy Debt exceeds the Accumulated Value is due and payable to
us.
You should be aware that the tax consequences of this Rider have
not been ruled on by the IRS or the courts and it is possible
that the IRS could assert that the outstanding loan balance
should be treated as a taxable distribution when this Rider is
exercised. You should consult a tax adviser as to the tax risks
associated with this Rider.
•
Short-term No-lapse Guarantee Rider
May keep your Policy and any Riders attached to it In Force, if
it would otherwise lapse. The Rider is available at Policy issue
for Insureds Age 79 and younger if you choose either Death
Benefit Option A or Option B when applying for your
Policy. The guaranteed monthly cost of insurance charges will be
shown in your Policy Specifications.
32
The Short-Term No-Lapse Guarantee Rider is issued with a
guarantee period based on the Age of the Insured. The guarantee
period will be at least five years, and never more than
20 years. The guarantee period of your Short-Term No-Lapse
Guarantee Rider is listed on your Policy Specifications.
The No Lapse Premium is an amount used during the
guarantee period to determine the No Lapse Credit. The no
lapse premium is shown on your Policy Specifications as the
Annual No Lapse Premium. The Rider is designed to remain
in effect through the guarantee period if you pay at least one
twelfth of this amount at the beginning of each Policy month,
take no loans or withdrawals, and make no changes, scheduled or
unscheduled, to your Policy coverage. However, the Rider may
remain in effect even if premium payments are made in different
patterns, if you take Policy loans or withdrawals, or there are
changes in coverage amounts. Any change in Face Amount or
coverage may cause a change in the No Lapse Premium, in which
case we will inform you of the new No Lapse Premium.
The No Lapse Credit is a value used to determine if the
Rider is in effect. It is calculated at the beginning of each
Policy month during the guarantee period. The No Lapse Credit as
of the Policy Date is equal to the premium paid less one-twelfth
of the initial No Lapse Premium. On any other Monthly Payment
Date, the No Lapse Credit is equal to:
•
the No Lapse Credit as of the prior Monthly Payment Date
multiplied by (1 + i) where i
equals 0.327374% if the No Lapse Credit is negative,
otherwise it equals the rate shown in the Policy Specifications;
•
plus the premiums received since the prior Monthly Payment Date;
•
less withdrawals taken since the prior Monthly Payment
Date; and
•
less one-twelfth of the then current No Lapse Premium.
For example, for a Policy with a No Lapse Premium of $838.61, a
No Lapse Credit of $1,000.00 on the prior Monthly Payment Date
and a monthly interest rate of 0.0% for accumulation of the No
Lapse Credit if the No Lapse Credit is positive, where a
withdrawal of $500.00 has been taken since the prior Monthly
Payment Date and a premium payment of $100.00 was made on the
current Monthly Payment Date, the No Lapse Credit on the current
Monthly Payment Date will be $530.12.
If the No Lapse Credit less Policy Debt is equal to or greater
than zero, the Rider is in effect. If the Rider has become
ineffective because the No Lapse Credit is less than the Policy
Debt, you may reinstate the benefit by paying sufficient premium
or by repaying a sufficient portion of the loan balance. The
premium payment or loan repayment necessary to reinstate the
benefit is equal to the amount that would make the No Lapse
Credit equal to the Policy Debt.
If your Policy does not have enough Accumulated Value, after
subtracting any Policy Debt, to cover your monthly deduction on
the Monthly Payment Date, and the Rider is in effect, your
Policy will not enter the grace period, and will not lapse. Your
Policy and all other Riders attached to your Policy will
continue in effect under their terms during the guarantee period
as long as the conditions for the Rider to be in effect are met.
When your Policy continues under the Rider, monthly deductions
for your Policy will be accumulated as the Monthly Deductions
Deficit. No interest is charged on this amount. Additional
Net Premium, or loan repayment amounts, will first be used to
reduce the amount of your Monthly Deductions Deficit. Once the
amount of the Monthly Deductions Deficit has been repaid, any
additional new Net Premium or loan repayment amounts will be
allocated to the Investment Options according to your most
recent instructions.
If your Policy is continued under the Rider at the time the
guarantee period ends, you will need to pay sufficient
additional premium or make a loan repayment to bring the
Monthly Deductions Deficit to zero and cover any future
monthly deductions from your Policy, or your Policy will lapse.
Things
to keep in mind
We offer other variable life insurance policies which provide
insurance protection on the life of one person or the lives of
two people. The loads and charges on these policies may be
different. Combining a Policy and a Rider, however, may be more
economical than adding another Policy. It may also be more
economical to provide an amount of insurance coverage through a
Policy alone. Many life insurance policies have some flexibility
in structuring the Face Amount, the Death Benefit, and premium
payments in targeting the cash values based on your particular
needs.
Under certain circumstances, combining a Policy with certain
Riders may result in a Total Face Amount equal to the Face
Amount of a single Policy.
In general, your Policy coverage offers the advantage of lower
overall guaranteed charges than the added Riders. If you add a
Rider or Riders to your Policy, and if we apply maximum
guaranteed charges, you may increase your risk of lapse even if
all planned premiums are paid. Adding a Rider or Riders may also
affect the amount of premium you can pay on your Policy and
still have it qualify as life insurance.
33
Combining a Policy with an Annual Renewable Term Rider may lower
costs and may improve Accumulated Value accrual for the same
amount of Death Benefit. However, your Policy has guaranteed
maximum charges. Adding an Annual Renewable Term Rider will
result in guaranteed maximum charges that are higher than for a
single Policy with the same Face Amount.
Combining a Policy with Scheduled Increases under the Annual
Renewable Term Rider may lower costs and may improve Accumulated
Value accrual for the same amount of Death Benefit provided
under Increases using the Schedule Increase Rider. However,
schedules increases under the Annual Renewable Term Rider may
not be of the to the same amount or available under the same
schedule as available under the Schedule Increases Rider.
Combining a Policy with either the SVER Term Insurance Rider or
the SVER Term Insurance Rider-Trust/Executive Benefit may
improve Accumulated Value accrual in the early years of your
Policy, but could result in either higher or lower charges than
under a single Policy. The timing of certain charges for
Policies held for certain periods may also be affected.
Ultimately, individual needs and objectives vary, and they may
change through time. It is important that you consider your
goals and options carefully. You should discuss your insurance
needs and financial objectives with your insurance professional
before purchasing any life insurance product or purchasing
additional insurance benefits. You should also consider a
periodic review of your coverage with your insurance
professional.
Your Policy gives
you the flexibility to choose the amount and frequency of your
premium payments within certain limits. Each premium payment
must be at least $50.
The amount,
frequency, and period of time over which you make premium
payments may affect whether your Policy will be classified as a
Modified Endowment Contract, or no longer qualifies as life
insurance for tax purposes. See Variable Life Insurance and
Your Taxes for more information.
We deduct a premium load from each premium payment, and then
allocate your Net Premium to the Investment Options you have
chosen. Depending on the performance of your Investment Options,
and on how many withdrawals, loans or other Policy features you
have taken advantage of, you may need to make additional premium
payments to cover monthly deductions for Policy charges to keep
your Policy In Force. We reserve the right to accept premium
payments in amounts less than $50.
We apply your first premium payment to the Policy on the later
of the day we receive it or the day we receive all contractual
and administrative requirements necessary for your Policy to be
In Force. See How Premiums Work: Allocating Your Premiums
for more information on when your first Net Premium is
allocated to the Investment Options.
If you have outstanding contractual and administrative
requirements, your insurance professional will notify you of a
delivery date when any outstanding requirements are due
to us, not to exceed 45 days from the date we issue your
Policy. If we do not receive your first premium payment and all
contractual and administrative requirements on or before the
delivery date, we can cancel the Policy and refund any premium
payment you have made. We may extend the delivery date in some
cases.
You can schedule the amount and frequency of your premium
payments. We refer to scheduled premium payments as your
planned periodic premium. Here’s how it works:
•
On your application, you choose a fixed amount of at least $50
for each premium payment.
•
You indicate whether you want to make premium payments annually,
semi-annually, or quarterly. You can also choose monthly
payments using our monthly Electronic Funds Transfer Plan, which
is described below.
•
We send you a notice to remind you of your scheduled premium
payment (except for monthly Electronic Funds Transfer Plan
payments, which are paid automatically). If you own more than
one Policy, you can request us to send one notice –
called a listbill – that reminds you of your
payments for all of your Policies. You can choose to receive the
listbill every month.
•
If you have any Policy Debt, we will treat any payment you make
during the life of your Policy as a loan repayment, not as a
premium payment, unless you tell us otherwise in writing. When a
payment, or any portion of it, exceeds your Policy Debt, we will
treat it as a premium payment.
You do not have to make the premium payments you have scheduled.
However, not making a premium payment may have an impact on any
financial objectives you may have set for your Policy’s
Accumulated Value and Death Benefit, and could cause your Policy
to lapse. Even if you pay all your premiums when they’re
scheduled, your Policy could lapse if the Accumulated Value,
less any Policy Debt, is not enough to pay your monthly charges.
Turn to Your Policy’s Accumulated Value for more
information.
Premium payments must be made in a form acceptable to us before
we can process it. You may pay your premium:
•
by personal check, drawn on a U.S. bank
•
by cashier’s check, if it originates in a U.S. bank
•
by money order in a single denomination of more than $10,000, if
it originates in a U.S. bank
•
by third party payments, when there is a clear relationship
between the payor (individual, corporation, trust, etc.) and the
Insured and/or Owner
•
wire transfers that originate in U.S. banks.
We will not accept premium payments in the following forms:
•
cash
•
credit card or check drawn against a credit card account
35
•
traveler’s checks
•
cashier’s check or money order drawn on a non-U.S. bank,
even if the payment may be effected through a U.S. bank
•
money order in a single denomination of $10,000 or less
•
third party payments, if there is not a clear relationship
between the payor (individual, corporation, trust, etc.) and the
Insured and/or Owner
•
wires that originate from foreign bank accounts.
All unacceptable forms of premium payments will be returned to
the payor along with a letter of explanation. We reserve the
right to reject or accept any form of payment. If you make
premium payments or loan repayments by Electronic Funds Transfer
or by check other than a cashier’s check, your payment of
any withdrawal proceeds and any refund during the free look
period may be delayed until we receive confirmation in our
administrative office that your payment has cleared.
Monthly
Electronic Funds Transfer Plan
Once you have made your first premium payment, you can make
monthly premium payments using our Electronic Funds Transfer
Plan. Here’s how it works:
•
You authorize us to withdraw a specified amount from your
checking account, savings account or money market account each
month.
•
You can choose any day between the
4th and
28th of
the month.
•
If you do not specify a day for us to make the withdrawal, we
will withdraw the premium payment on your Policy’s monthly
anniversary. If your Policy’s monthly anniversary falls on
the 1st,
2nd or
3rd of
the month, we will withdraw the payment on the
4th of
each month.
•
If you make monthly payments by the Electronic Funds Transfer
Plan, we will apply the payments as premium payments unless we
receive a new form requesting that payments be applied as a loan
repayment.
We deduct a maximum premium load of 7.95% from each
premium payment you make.
This charge helps pay for the cost of distributing our Policies,
and is also used to pay state and local premium taxes, any other
taxes that may be imposed, and to compensate us for certain
costs or lost investment opportunities resulting from our
amortization and delayed recognition of certain policy
acquisition expenses for federal income tax purposes. These
consequences are referred to as the deferred acquisition cost
(“DAC tax”).
Like other Policy charges, we may profit from the premium load
and may use these profits for any lawful purpose, such as the
payment of distribution and administrative expenses. We will
notify you in advance if we change our current load rate.
We will not accept premium payments after your Policy’s
Monthly Deduction End Date.
Federal tax law puts limits on the amount of premium payments
you can make in relation to your Policy’s Death Benefit.
These limits apply in the following situations:
•
If you have chosen the Guideline Premium Test as your Death
Benefit Qualification Test and accepting the premium means your
Policy will no longer qualify as life insurance for federal
income tax purposes.
•
If applying the premium in that Policy Year means your Policy
will become a Modified Endowment Contract. You may direct us
to accept premium payments or other instructions that will cause
your Policy to be treated as a Modified Endowment Contract by
signing a Modified Endowment Contract Election Form. You will
find a detailed discussion of Modified Endowment Contracts in
Variable Life Insurance and Your Taxes. You should speak
to a qualified tax adviser for complete information regarding
Modified Endowment Contracts.
•
If applying the premium payment to your Policy will increase
the Net Amount At Risk. This will happen if your Policy’s
Death Benefit is equal to the Minimum Death Benefit or would be
equal to it once we applied your premium payment.
You will find more detailed information regarding these
situations in the SAI.
We generally allocate your Net Premiums to the Investment
Options you have chosen on your application on the day we
receive them. Please turn to Your Investment Options for
more information about the Investment Options.
36
When we allocate your first premium depends on the state and
replacement status. For policies that require us to return the
premiums you have paid if you exercise your Free Look Right, we
will hold your Net Premiums in the Cash Management Investment
Option until 15 days after issue, and then transfer them to the
Investment Options you have chosen.
If you signed your application in a state that requires refunds
to be based on Accumulated Value if you exercise your Free Look
Right, we allocate Net Premiums to the Investment Options you
have chosen on the day we receive them or your Policy Date, if
later. If your Policy has outstanding contractual and/or
administrative requirements necessary before it can be placed In
Force, we will allocate any Net Premiums received to the Cash
Management Variable Account until the requirements are satisfied
and your Policy is placed In Force.
Accumulated Value is
the value of your Policy on any Business Day. It is used as the
basis for determining Policy benefits and charges.
We use it to
calculate how much money is available to you for loans and
withdrawals, and how much you will receive if you surrender your
Policy. It also affects the amount of the Death Benefit if you
choose a Death Benefit Option that’s calculated using
Accumulated Value.
The Accumulated
Value of your Policy is not guaranteed – it depends on
the performance of the Investment Options you have chosen, the
premium payments you have made, Policy charges and how much you
have borrowed or withdrawn from the Policy.
If your Accumulated
Value less any Policy Debt is insufficient to pay for Policy
charges, your policy will enter its Grace Period. If you do not
pay sufficient premium during the Grace Period to restore your
Policy’s Accumulated Value, your policy will lapse.
Your Policy’s Accumulated Value is the sum of the following:
•
Variable Accumulated Value – the value allocated to
all of the Variable Options
•
Fixed Accumulated Value – the value allocated to the
Fixed Options
•
Loan Account Value – The value of any Loans that you
have taken, including interest on the amount of loan.
The Accumulated Value in the Fixed and Variable Options is made
up of the following:
•
Net Premiums that you allocate
•
Any non-guaranteed Persistency Credits that we may pay
•
Policy Charges that we deduct
•
Withdrawals that you request
•
Loans that you request and that become part of the Loan Account
•
Earnings on the Accounts.
Your Policy’s Accumulated Value is the total amount
allocated to the Variable Investment Options and the Fixed
Options, plus the amount in the Loan Account. Please see
Withdrawals, Surrenders and Loans: Taking Out a Loan for
information about loans and the Loan Account.
The Variable Accumulated Value is the sum of the value allocated
to each of the Variable Accounts. For each Variable Account, we
determine the value allocated to the Variable Investment Options
on any Business Day by multiplying the number of accumulation
units for each Variable Investment Option credited to your
Policy on that day, by the Variable Investment Option’s
unit value at the end of that day. The process we use to
calculate unit values for the Variable Investment Options is
described in Your Investment Options.
The Fixed Accumulated Value is the sum of the value in the Fixed
Account and Fixed LT Account. We credit interest to these
accounts on a daily basis, at a rate not less than the
guaranteed minimum of 2.5%. Please see Fixed Options for
further details.
When you request a Policy loan, an equivalent amount of money is
deducted from the Fixed and Variable Options and added to the
Loan Account. Your Policy Debt is the amount in the Loan Account
plus interest charged to the Loan Account. The Loan Account
Value is the Loan Account plus interest we credit to the Loan
Account. Please see Withdrawals, Surrenders and Loans: Taking
out a Loan for information about loans and the Loan Account.
Your Policy may be eligible for a persistency credit.
Here’s how it works:
Beginning on your
6th
Policy Anniversary and on each Policy Anniversary thereafter, we
may credit your Policy with a persistency credit of 0.20% on an
annual basis. We calculate the persistency credit amount on your
Policy’s average Accumulated Value less any
38
Policy Debt on each Monthly Payment Date during the preceding
Policy Year. We add it proportionately to your Investment
Options according to your most recent allocation instructions.
Beginning on your
16th
Policy Anniversary, we may increase your annual persistency
credit to 0.35%.
Beginning on your
21st
Policy Anniversary, we may increase your annual persistency
credit to 0.50%.
Your Policy’s persistency credit is not guaranteed, and we
may discontinue the program at any time.
We take various charges from your Policy’s Accumulated
Value to compensate us for the cost of the Policy benefits and
for maintaining your Policy:
1. Monthly Deductions
2. Certain Transaction Fees
3. Administrative and Underwriting Service Fees
4. Loan Interest Charged against the Loan Account.
Transaction fees, administrative and underwriting service fees
are shown in the Fee Table.
We deduct policy charges from the Investment Options that make
up your Policy’s Accumulated Value, in proportion to the
Fixed and Variable Accumulated Value. You may choose to have the
deductions taken from either the Variable Options or the Fixed
Account.
We deduct a monthly charge from your Policy’s Accumulated
Value on each Monthly Payment Date until the Monthly Deduction
End Date. If there is not enough Accumulated Value to pay the
monthly charge, your Policy could lapse. For more information,
see Lapsing and Reinstatement.
The Monthly Deduction is made up of five charges:
1. cost of insurance charge
2. administrative charge
3. coverage charge
4. asset charge
5. charges for optional Riders and benefits.
Your Policy and any Riders will provide a list of all guaranteed
policy charges. For any given charge, we may charge less than
these amounts, but we will never charge more than these
guaranteed amounts. Any lesser charge will apply uniformly to
all members of the same Class.
We may profit from policy charges and may use these profits for
any lawful purpose such as the payment of distribution and
administrative expenses.
There are no Monthly Deductions after the Monthly Deduction End
Date.
Cost
of Insurance Charge
This Cost of Insurance Charge is for providing you with life
insurance protection. It is based upon the cost of insurance
rates of each Coverage Layer and a discounted Net Amount At
Risk.
The Net Amount At Risk used for calculating cost of insurance
charges is determined on the monthly payment date as:
•
The Death Benefit under the policy divided by the Net Amount At
Risk Factor of [1.0020598]
•
Less the Accumulated Value
If your policy has multiple Coverage Layers, the Net Amount at
Risk is proportional to each Coverage Layer based upon the Face
Amount of the Coverage Layer.
There are maximum or guaranteed cost of insurance rates
associated with each Coverage Layer. These rates are shown in
your Policy Specifications or in any Supplemental Schedule of
Coverage that we provide.
The guaranteed rates include the insurance risks associated with
insuring one person. They are calculated using 2001
Commissioners Standard Ordinary Mortality Tables. The cost of
insurance rates take into consideration the Age and gender of
the Insured unless
39
unisex rates are required. Gender blended tables are used for
unisex cost of insurance rates. Unisex rates are used in the
state of Montana. They are also used when a Policy is owned by
an employer in connection with employment-related or benefit
programs.
How we calculate
cost of insurance
We calculate cost of
insurance by multiplying the current cost of insurance rate by a
Net Amount At Risk at the beginning of each Policy month.
The Net Amount At
Risk used in the cost of insurance calculation is the difference
between a discounted Death Benefit that would be payable if the
Insured died and the Accumulated Value of your Policy at the
beginning of the Policy month before the monthly charge is due.
First, we calculate
the total Net Amount At Risk for your Policy in two steps:
•
Step 1: we divide
the Death Benefit that would be payable at the beginning of the
Policy month by 1.0020598.
•
Step 2: we subtract
your Policy’s Accumulated Value at the beginning of the
Policy month from the amount we calculated in Step 1.
Next, we allocate
the Net Amount At Risk in proportion to the Face Amount of all
Coverage Layers, and each increase that’s In Force as of
your Monthly Payment Date.
We then multiply the
amount of each allocated Net Amount At Risk by the cost of
insurance rate for each Coverage Layer. The sum of these amounts
is your cost of insurance charge.
Premiums, Net
Premiums, Policy fees and charges, withdrawals, investment
performance and fees and expenses of the underlying portfolios
may affect your Net Amount At Risk, depending on the Death
Benefit Option you choose or if your Death Benefit under the
Policy is the Minimum Death Benefit.
Administrative
charge
We deduct a charge not to exceed $7.50 a month to help cover the
costs of administering and maintaining our Policies. We
guarantee that this charge will not increase.
Coverage
charge
We deduct a Coverage charge every month to help cover the costs
of distributing our Policies.
Each Coverage Layer on the Insured in the Policy has its own
coverage charge. The total amount of Coverage Charges deducted
monthly is the sum of the coverage charges calculated for each
Coverage Layer in effect.
The coverage charge for each Coverage Layer is calculated based
on the Face Amount, Insured’s Age and Risk Class, and Death
Benefit Option on the Coverage Layer Effective Date.
Your Policy Specifications and any Supplemental Schedule of
Coverage provide the Policy’s guaranteed Coverage Charges.
We may charge less than our guaranteed rate.
For Policies with scheduled increases in coverage, the Coverage
Charges are determined as of the Policy Date.
An
example
For
a Policy that insures a male non-smoker who is Age 45 when
the Policy is issued, and has a Policy Face Amount of $350,000:
The
guaranteed monthly coverage charge:
•
Under
Death Benefit Option A or Option C, is $142.45 during
the first 10 Policy Years
(($350,000 ¸ 1,000) × 0.407);
and $85.40 in Policy Year 11 and thereafter
(($350,000 ¸ 1,000) × 0.244)
•
Under
Death Benefit Option B, is $364.70 during the first
10 Policy Years
(($350,000 ¸ 1,000) × 1.042);
and $218.75 in Policy Year 11 and thereafter
(($350,000 ¸ 1,000) × 0.625)
Asset
Charge
We deduct an asset charge every month at a guaranteed maximum
annual rate of 0.45% annually (0.0375% monthly) on the first
$25,000 of your Policy’s Accumulated Value in the
Investment Options plus an annual rate of 0.05% (0.0042%
monthly) of the Accumulated Value in the Investment Options that
exceeds $25,000.
For purposes of this charge, the amount of Accumulated Value is
calculated on the Monthly Payment Date before we deduct the
monthly charge, but after we deduct any Policy Debt, withdrawals
or loans, or allocate any new Net Premium.
The annual rate for the asset charge is 0% on and after the
Monthly Deduction End Date.
Charges
for optional riders
If you add any Riders to your Policy, we add any charges for
them to your monthly charge.
There is no guarantee that your Policy will not lapse even if
you pay your planned periodic premium. Your Policy will lapse if
there is not enough Accumulated Value, after subtracting any
Policy Debt, to cover the monthly charge on the day we make the
deduction. Your Policy’s Accumulated Value is affected:
•
loans or withdrawals you make from your Policy
•
not making planned periodic premium payments
•
the performance of your Investment Options
•
charges under the Policy.
If your Policy’s Accumulated Value less Policy Debt is not
enough to pay the total monthly charge, your policy will enter
its Grace Period. We deduct the amount that is available and
send you, and anyone you have assigned your Policy to, a notice
telling you the amount to pay to keep your Policy In Force. The
minimum amount you must pay to keep your Policy In Force is
equal to three times the monthly charge that was due on the
Monthly Payment Date when there was not enough Accumulated Value
to pay the charge, plus premium load. For more information
regarding payment due to keep your Policy In Force, please
contact our life insurance operations center.
We will give you a grace period of 61 days from the
date we send the notice to pay sufficient premium to keep your
Policy In Force. Your Policy will remain In Force during the
grace period.
If we do not receive your payment within the Grace Period, your
Policy will lapse with no value. This means we will end your
life insurance coverage.
If you
make the minimum payment
If we receive your payment within the grace period, we will
allocate your Net Premium to the Investment Options you have
chosen and deduct the monthly charge from your Investment
Options in proportion to the Accumulated Value you have in each
Investment Option.
If your Policy is in danger of lapsing and you have Policy Debt,
you may find that making the minimum payment would cause the
total premiums paid to exceed the maximum amount for your
Policy’s Face Amount under tax laws. In that situation, we
will not accept the portion of your payment that would exceed
the maximum amount. To stop your Policy lapsing, you will have
to repay a portion of your Policy Debt.
Remember to tell us if your payment is a premium payment.
Otherwise, we will treat it as a loan repayment.
How to
avoid future lapsing
To stop your Policy from lapsing in the future, you may want to
make larger or more frequent premium payments if tax laws permit
it. Or if you have a Policy loan, you may want to repay a
portion of it.
Paying
Death Benefit Proceeds during the grace period
If the Insured dies during the grace period, we will pay Death
Benefit Proceeds to your Beneficiary. We will reduce the payment
by any unpaid monthly charges and any Policy Debt.
Reinstating
a lapsed Policy
If your Policy lapses, you have five years from the end of the
grace period to apply for a reinstatement. We will reinstate it
if you send us the following:
•
a written application
•
evidence satisfactory to us that the Insured is still insurable
•
a Net Premium payment sufficient to:
•
cover all unpaid monthly charges and Policy loan interest that
were due in the grace period, and
•
keep your Policy In Force for three months after the day your
Policy is reinstated.
We will reinstate your Policy as of the first Monthly Payment
Date on or after the day we approve the reinstatement. When we
reinstate your Policy, its Accumulated Value will be the same as
it was on the day your Policy lapsed. We will allocate the
Accumulated Value according to your most recent premium
allocation instructions.
At reinstatement:
•
Surrender charges and policy charges other than Cost of
Insurance Charges will resume on their schedule as of the
Monthly Payment Date when lapse occurred.
41
•
Cost of Insurance Charges will be calculated using Cost of
Insurance Rates that resume their original schedule as if lapse
had never occurred, reflecting the Insured’s Age at
reinstatement and policy duration measured from the original
Policy Date.
Reinstating
a lapsed Policy with Policy Debt
If there was a Policy loan at the time of lapse, we will
eliminate the loan by reducing the Accumulated Value by the
Policy Debt upon reinstatement. We will not charge or credit
interest on the Loan Account during the period between lapse and
reinstatement of your Policy.
This section tells
you about the Investment Options available under your Policy and
how they work.
We put your Net Premium in our General Account and Separate
Account. We own the assets in our accounts and allocate your Net
Premiums, less any charges, to the Investment Options you have
chosen. Amounts allocated to any available Fixed Options are
held in our General Account. Amounts allocated to the Variable
Investment Options are held in our Separate Account. You will
find information about when we allocate Net Premiums to your
Investment Options in How Premiums Work.
You choose your initial Investment Options on your application.
If you choose more than one Investment Option, you must tell us
the dollar amount or percentage you want to allocate to each
Investment Option. You can change your premium allocation
instructions at any time.
You can change your premium allocation instructions by writing
or sending a fax. If we have your completed telephone and
electronic authorization on file, you can call us at (800)
800-7681 or
submit a request electronically. Or you can ask your insurance
professional to contact us. You will find more information
regarding telephone and electronic instructions in Policy
Basics.
The Investment Options you choose, and how they perform, will
affect your Policy’s Accumulated Value and may affect the
Death Benefit. Please review the Investment Options carefully.
You may ask your insurance professional to help you choose the
right ones for your goals and tolerance for risk. Any financial
firm or representative you engage to provide advice and/or make
transfers for you is not acting on our behalf. We are not
responsible for any investment decisions or allocations you
make, recommendations such financial representatives make or any
allocations or specific transfers they choose to make on your
behalf. Make sure you understand any costs you may pay directly
and indirectly on your Investment Options because they will
affect the value of your Policy.
You can choose from a selection of Variable Investment Options.
Each Variable Investment Option is set up as a Variable Account
under our Separate Account and invests in a corresponding
portfolio of the Pacific Select Fund, the M Fund, the BlackRock
Variable Series Funds, Inc., the Fidelity Variable
Insurance Products Funds (“Fidelity VIP Funds”), the
Franklin Templeton Variable Insurance Products Trust, the GE
Investments Funds, Inc., the Janus Aspen Series, the Lazard
Retirement Series, Inc., the Legg Mason Partners Variable Equity
Trust, the Lord Abbett Series Fund, Inc., the MFS Variable
Insurance Trust, the PIMCO Variable Insurance Trust, the Royce
Capital Fund, the T. Rowe Price Equity Series, Inc. and the
Van Eck VIP Trust. Each portfolio invests in different
securities and has its own investment goals, strategies and
risks. The value of each portfolio will fluctuate with the value
of the investments it holds, and returns are not guaranteed.
Your Policy’s Accumulated Value will fluctuate depending on
the Investment Options you have chosen. You bear the investment
risk of any Variable Investment Options you choose. See
Allocating Your Premiums: Portfolio Optimization.
Pacific Life Fund Advisors LLC (PLFA), a subsidiary of Pacific
Life Insurance Company, is the investment adviser for the
Pacific Select Fund. PLFA and the Pacific Select Fund’s
Board of Trustees oversee the management of all the Pacific
Select Fund’s portfolios, and PLFA also manages certain
portfolios directly. PLFA also does business under the name
“Pacific Asset Management” and manages the Pacific
Select Fund’s Cash Management and High Yield Bond
portfolios under that name.
M Financial Investment Advisers Inc. (“MFIA”) is
the investment adviser to the M Funds, and has retained
other firms to manage the M Fund portfolios. The MFIA and
M Fund’s Board of Directors oversee the management of
all of the M Fund portfolios.
BlackRock Advisors, LLC is the investment adviser of the
BlackRock Variable Series Funds, Inc. and has retained various
sub-advisors for the portfolios available under your Policy.
Fidelity Management & Research Company
(“FMR”) is the manager of the Fidelity Variable
Insurance Products Funds. They directly manage the portfolios of
the Fidelity VIP Funds and have retained a sub-advisor for the
portfolios of VIP Freedom Funds available under your Policy.
Franklin Advisers, Inc. is the investment adviser of the
Franklin Templeton Variable Insurance Products Trust and manages
the portfolio under your Policy directly.
GE Asset Management Inc. is the investment adviser of the GE
Investments Funds, Inc. and manages the portfolio under your
Policy directly.
Janus Capital Management LLC is the investment adviser of the
Janus Aspen Series. For the portfolios available under your
Policy, they manage two of the portfolios directly, and have
retained a sub-adviser for one portfolio.
Lazard Asset Management LLC is the investment manager of the
Lazard Retirement Series, Inc. and manages the portfolio
available under your Policy directly.
43
Legg Mason Fund Advisor, LLC is the investment manager of
the Legg Mason Partners Variable Equity Trust and has retained a
sub-advisor to manage the portfolios available under your Policy.
Lord, Abbett & Co. LLC is the investment adviser of the
Lord Abbett Series Fund, Inc. and manages the portfolio under
your Policy directly.
Massachusetts Financial Services Company is the investment
adviser of the MFS Variable Insurance Trust and manages the
portfolios available under your Policy directly.
Pacific Investment Management Company, LLC is the investment
advisor of the PIMCO Variable Insurance Trust and manages the
portfolios under your Policy directly.
Royce & Associates, LLC is the investment adviser of the
Royce Capital Fund and manages the portfolio under your Policy
directly.
T. Rowe Price Associates, Inc. is the investment manager of the
T. Rowe Price Equity Series, Inc. and manages the portfolios
available under your Policy directly.
Van Eck Associates Corporation is the investment adviser of the
Van Eck VIP Trust and manages the portfolio available under your
Policy directly.
We are not responsible for the operation of the underlying Funds
or any of their portfolios. We also are not responsible for
ensuring that the underlying Funds and their portfolios comply
with any laws that apply.
The following chart is a summary of the Fund portfolios. You
will find detailed descriptions of the portfolios in each Fund
prospectus that accompanies this prospectus. There’s no
guarantee that a portfolio will achieve its investment
objective. You should read each Fund prospectus carefully before
investing.
44
PACIFIC SELECT FUND
INVESTMENT GOAL
MANAGER
International Small-Cap
Seeks long-term growth of capital.
Batterymarch Financial Management, Inc.
Mid-Cap Value
Seeks long-term growth of capital.
BlackRock Capital Management, Inc.
Equity Index
Seeks to provide investment results that correspond to the total
return of common stocks that are publicly traded in the U.S.
BlackRock Investment Management, LLC
Small-Cap Index
Seeks investment results that correspond to the total return of
an index of small capitalization companies.
BlackRock Investment Management, LLC
American Funds Asset Allocation
Seeks high total returns (including income and capital gains)
consistent with preservation of capital over the long-term.
Capital Research and Management Company
(adviser to the Master Asset Allocation
Fund)
American Funds
Growth-Income
Seeks long-term growth of capital and income.
Capital Research and Management Company
(adviser to the Master Growth-Income
Fund)
American Funds
Growth
Seeks long-term growth of capital.
Capital Research and Management Company
(adviser to the Master Growth Fund)
Large-Cap Value
Seeks long-term growth of capital; current income is of
secondary importance.
ClearBridge Advisors, LLC
Technology
Seeks long-term growth of capital.
Columbia Management
Floating Rate Loan
Seeks to provide high level of current income.
Eaton Vance Management
Small-Cap Growth
Seeks capital appreciation; no consideration is given to income.
Fred Alger Management, Inc.
Comstock
Seeks long-term growth of capital.
Invesco Advisers, Inc.
Growth LT
Seeks long-term growth of capital.
Janus Capital Management LLC
45
PACIFIC SELECT FUND
INVESTMENT GOAL
MANAGER
Focused 30
Seeks long term growth of capital.
Janus Capital Management LLC
Health Sciences
Seeks long-term growth of capital.
Jennison Associates LLC
International Value
Seeks long-term capital appreciation primarily through
investment in equity securities of corporations domiciled in
countries with developed economies and markets other than the
U.S.
J.P. Morgan Investment Management, Inc.
Long/Short Large-Cap
Seeks above-average total returns.
J.P. Morgan Investment Management, Inc.
Mid-Cap Equity
Seeks capital appreciation.
Lazard Asset Management LLC
International Large-Cap
Seeks long-term growth of capital.
MFS Investment Management
Mid-Cap Growth
Seeks long-term growth of capital.
Morgan Stanley Investment Management Inc.
Real Estate
Seeks current income and long-term capital appreciation.
Morgan Stanley Investment Management Inc.
Small-Cap Value
Seeks long-term growth of capital.
NFJ Investment Group LLC
Main Street Core
Seeks long-term growth of capital and income.
OppenheimerFunds, Inc.
Emerging Markets
Seeks long-term growth of capital.
OppenheimerFunds, Inc.
Cash Management
Seeks current income consistent with preservation of capital.
Pacific Asset Management
High Yield Bond
Seeks a high level of current income.
Pacific Asset Management
Managed Bond
Seeks to maximize total return consistent with prudent
investment management.
Pacific Investment Management Company LLC
Inflation Managed
Seeks to maximize total return consistent with prudent
investment management.
Pacific Investment Management Company LLC
Pacific Dynamix –
Conservative Growth
Seeks current income and moderate growth of capital.
Pacific Life Fund Advisors LLC
Pacific Dynamix –
Moderate Growth
Seeks long-term growth of capital and low to moderate income.
Pacific Life Fund Advisors LLC
Pacific Dynamix –
Growth
Seeks moderately high, long-term growth of capital with low,
current income.
Pacific Life Fund Advisors LLC
Portfolio Optimization Conservative
Seeks current income and preservation of capital.
Pacific Life Fund Advisors LLC
Portfolio Optimization Moderate-Conservative
Seeks current income and moderate growth of capital.
Pacific Life Fund Advisors LLC
Portfolio Optimization Moderate
Seeks long-term growth of capital and low to moderate income.
Pacific Life Fund Advisors LLC
Portfolio Optimization Growth
Seeks moderately high, long-term capital appreciation with low
current income.
Pacific Life Fund Advisors LLC
Portfolio Optimization Aggressive-Growth
Seeks high, long-term capital appreciation.
Pacific Life Fund Advisors LLC
Dividend Growth
Seeks long-term growth of capital.
T. Rowe Price Associates, Inc.
Short Duration Bond
Seeks current income; capital appreciation is of secondary
importance.
T. Rowe Price Associates, Inc.
Large-Cap Growth
Seeks long-term growth of capital; current income is of
secondary importance.
UBS Global Asset Management (Americas) Inc.
Diversified Bond
Seeks to maximize total return consistent with prudent
investment management.
Western Asset Management Company
Inflation Protected
Seeks to maximize total return consistent with prudent
investment management.
Western Asset Management Company
46
M FUND
INVESTMENT GOAL
PORTFOLIO MANAGER
M International Equity Fund
Long-term capital appreciation.
Brandes Investment Partners, L.P.
M Large Cap Growth Fund
Long-term capital appreciation.
DSM Capital Partners
M Capital Appreciation
Maximum capital appreciation.
Frontier Capital Management Company, Inc.
M Business Opportunity Value Fund
Long-term capital appreciation.
Iridian Asset Management LLC
BLACKROCK VARIABLE
SERIES FUNDS, INC.
INVESTMENT GOAL
PORTFOLIO MANAGER
BlackRock Basic Value V.I. Fund Class III
Capital appreciation. (Income is of secondary importance.)
BlackRock Investment Management, LLC and BlackRock Asset
Management U.K. Limited
BlackRock Global Allocation V.I. Fund Class III
High total investment return.
BlackRock Investment Management, LLC and BlackRock Asset
Management U.K. Limited
FIDELITY VARIABLE
INSURANCE PRODUCTS
FUNDS
INVESTMENT GOAL
PORTFOLIO MANAGER
Fidelity VIP
Contrafund®
Portfolio Service Class 2
Long-term capital appreciation.
Fidelity Management & Research Co., Inc.
Fidelity VIP Freedom Income Service Class 2
High total return. (Principal preservation is of secondary
importance.)
Strategic
Advisers®,
Inc.
Fidelity VIP Freedom 2010
Service Class 2
High total return. (Principal preservation as the fund
approaches its target date and beyond is of secondary
importance.)
Strategic Advisers, Inc.
Fidelity VIP Freedom 2015
Service Class 2
High total return. (Principal preservation as the fund
approaches its target date and beyond is of secondary
importance.)
Strategic Advisers, Inc.
Fidelity VIP Freedom 2020
Service Class 2
High total return. (Principal preservation as the fund
approaches its target date and beyond is of secondary
importance.)
Strategic Advisers, Inc.
Fidelity VIP Freedom 2025
Service Class 2
High total return. (Principal preservation as the fund
approaches its target date and beyond is of secondary
importance.)
Strategic Advisers, Inc.
Fidelity VIP Freedom 2030
Service Class 2
High total return. (Principal preservation as the fund
approaches its target date and beyond is of secondary
importance.)
Strategic Advisers, Inc.
Fidelity VIP Growth
Portfolio Service Class 2
Capital appreciation.
Fidelity Management & Research Co., Inc.
Fidelity VIP Mid Cap
Portfolio Service Class 2
Long-term growth of capital.
Fidelity Management & Research Co., Inc.
Fidelity VIP Value Strategies Portfolio Service
Class 2
Capital appreciation.
Fidelity Management & Research Co., Inc.
47
FRANKLIN TEMPLETON
VARIABLE INSURANCE
PRODUCTS TRUST
INVESTMENT GOAL
PORTFOLIO MANAGER
Templeton Global Bond Securities Fund Class 2
High current income.
Franklin Advisers, Inc.
GE INVESTMENTS
FUNDS, INC.
INVESTMENT GOAL
PORTFOLIO MANAGER
GE Investments Total Return Fund Class 3
Highest total return, composed of current income and capital
appreciation, as is consistent with prudent investment risk.
GE Asset Management Incorporated
JANUS ASPEN SERIES
INVESTMENT GOAL
PORTFOLIO MANAGER
Overseas Portfolio Service Class
Long-term growth of capital.
Janus Capital Management LLC
Enterprise Portfolio Service Class
Long-term growth of capital.
Janus Capital Management LLC
LAZARD RETIREMENT
SERIES, INC.
INVESTMENT GOAL
PORTFOLIO MANAGER
Lazard Retirement U.S. Strategic Equity Portfolio
Long-term capital appreciation.
Lazard Asset Management LLC
LEGG MASON PARTNERS
VARIABLE EQUITY TRUST
INVESTMENT GOAL
PORTFOLIO MANAGER
Legg Mason ClearBridge Variable Aggressive Growth
Portfolio – Class II
Capital appreciation.
ClearBridge Advisors, LLC
Legg Mason ClearBridge Variable Mid Cap Core
Portfolio – Class II
Long-term growth of capital.
ClearBridge Advisors, LLC
LORD ABBETT
SERIES FUND, INC.
INVESTMENT GOAL
PORTFOLIO MANAGER
Lord Abbett Fundamental Equity Portfolio Class VC
Long-term growth of capital and income without excessive
fluctuations in market value.
Lord Abbett & Co., LLC
MFS VARIABLE
INSURANCE TRUST
INVESTMENT GOAL
PORTFOLIO MANAGER
MFS New Discovery Series Service Class
Capital appreciation.
Massachusetts Financial Services Company
MFS Utilities Series Service Class
Total return.
Massachusetts Financial Services Company
PIMCO VARIABLE
INSURANCE TRUST
INVESTMENT GOAL
PORTFOLIO MANAGER
PIMCO Global
Multi-Asset Portfolio – Advisor Class
Seeks total return which exceeds that of a blend of 60% MSCI
World Index, 40% Barclays Capital U.S. Aggregate Index.
Pacific Investment Management Company, LLC
48
ROYCE CAPITAL FUND
INVESTMENT GOAL
PORTFOLIO MANAGER
Royce Micro-Cap Service Class Portfolio
Long-term growth of capital.
Royce & Associates, Inc.
T. ROWE PRICE EQUITY
SERIES, INC.
INVESTMENT GOAL
PORTFOLIO MANAGER
T. Rowe Price Blue Chip Growth Portfolio – II
Long-term capital growth. (Current income is a secondary
objective.)
T. Rowe Price Associates, Inc.
T. Rowe Price Equity Income Portfolio – II
Substantial dividend income and long-term capital growth.
T. Rowe Price Associates, Inc.
VAN ECK VIP TRUST
INVESTMENT GOAL
PORTFOLIO MANAGER
Van Eck VIP Global Hard Assets Fund
Long-term capital appreciation. (Income is a secondary
consideration.)
Van Eck Associates Corporation
1
Issuers
in the utilities industry include issuers engaged in the
manufacture, production, generation, transmission, sale or
distribution of electric, gas or other types of energy, water or
other sanitary services; and issuers engaged in
telecommunications, including telephone, cellular telephone,
telegraph, satellite, microwave, cable television, and other
communications media (but not engaged in public broadcasting).
2
Hard
asset securities are stocks, bonds and other securities of
companies that derive at least 50% of their revenues from
exploration, development, production, distribution or
facilitation of processes relating to: a) precious metals,
b) natural resources, c) real estate and
d) commodities. In addition, hard asset securities shall
include any derivative securities the present value of which are
based upon hard asset securities and/or hard asset commodities.
Calculating
unit values
When you choose a Variable Investment Option, we credit your
Policy with accumulation units. The number of units we
credit equals the amount we have allocated divided by the unit
value of the Variable Account. Similarly, the number of
accumulation units in your Policy will be reduced when you make
a transfer, withdrawal or loan from a Variable Investment
Option, and when your monthly charges are deducted.
An
example
You
ask us to allocate $6,000 to the Inflation Managed Investment
Option on a Business Day. At the end of that day, the unit value
of the Variable Account is $15. We will credit your Policy with
400 units ($6,000 divided by $15).
The value of an accumulation unit is the basis for all financial
transactions relating to the Variable Investment Options. The
value of an accumulation unit is not the same as the value of a
share in the underlying portfolio. We calculate the unit value
for each Variable Account once every Business Day, usually at or
about 4:00 p.m. Eastern time.
Generally, for any transaction, we will use the next unit value
calculated after we receive your Written Request. If we receive
your Written Request before the time of the close of the New
York Stock Exchange, which is usually 4:00 p.m. Eastern
time, on a Business Day, we will use the unit value calculated
as of the end of that Business Day. If we receive your request
at or after the time of the close of the New York Stock Exchange
on a Business Day, we will use the unit value calculated as of
the end of the next Business Day.
If a scheduled transaction falls on a day that is not a Business
Day, we will process it as of the end of the next Business Day.
For your monthly charge, we will use the unit value calculated
on your Monthly Payment Date. If your Monthly Payment Date does
not fall on a Business Day, we will use the unit value
calculated as of the end of the next Business Day. For
information about timing of transactions, see Policy
Basics.
The unit value calculation is based on the following:
•
the investment performance of the underlying portfolio
•
any dividends or distributions paid by the underlying portfolio
•
any charges for any taxes that are, or may become, associated
with the operation of the Variable Account.
The unit value of a Variable Account will change with the value
of its corresponding portfolio. Changes in the unit value of a
Variable Account will not change the number of accumulation
units credited to your Policy.
Fees
and expenses paid by the Funds
Each Fund pays advisory fees and other expenses. These are
deducted from the assets of the Fund’s portfolios and may
vary from year to year. They are not fixed and are not part of
the terms of your Policy. You will find more about Fund fees and
expenses in
49
Fee Tables and in each Fund’s prospectus. If you
choose a Variable Investment Option, these fees and expenses
affect you indirectly because they reduce portfolio returns.
Each Fund is governed by its own Board of Trustees or Board of
Directors.
The SEC recently approved a rule change which will require the
Boards of Trustees/Directors of mutual funds to determine
whether a redemption fee (not to exceed 2%) or other trading
(transfer) restrictions should be imposed. A redemption fee is a
fee that would be charged by and paid to the Fund (not to us).
In the event the Board of Trustees/Directors of any underlying
Funds imposes such fees or limitations, we will pass them on to
you.
You can also choose from two Fixed Options: the Fixed Account
and the Fixed LT Account. The Fixed Options provide a guaranteed
minimum annual rate of interest. The amounts allocated to the
Fixed Options are held in our General Account. For more
information about the General Account, see About Pacific
Life.
Here are some things you need to know about the Fixed Options:
•
Accumulated Value allocated to the Fixed Options earns interest
on a daily basis, using a 365-day year. Our minimum annual
interest rate is 2.5%.
•
We may offer a higher annual interest rate on the Fixed Options.
If we do, we will guarantee the higher rate until your next
Policy Anniversary.
•
There are no investment risks or direct charges. Policy charges
still apply.
•
There are limitations on when and how much you can transfer from
the Fixed Options. These limitations are described below, in
Transferring Among Investment Options. It may take
several Policy Years to transfer your Accumulated Value out of
either of the Fixed Options.
•
We may place a limit of $1,000,000 for Net Premiums and $100,000
for loan repayments and transfers allocated to the Fixed Options
in any
12-month
period. This is an aggregate limit for all Pacific Life policies
you own. Any allocations in excess of these limits will be
allocated to your other Investment Options according to your
most recent instructions. We may increase the limits at any time
at our sole discretion. To find out if higher limits are in
effect, ask your insurance professional or contact us.
•
We have not registered the Fixed Options with the SEC, and the
staff of the SEC has not reviewed the disclosure in this
prospectus relating to the Fixed Options. Disclosures regarding
the Fixed Options, however, are subject to certain generally
applicable provisions of the federal securities laws relating to
the accuracy and completeness of statements made in the
prospectus.
You can transfer among your Investment Options any time during
the life of your Policy without triggering any current income
tax. If your state requires us to refund your premiums when you
exercise your Free Look Right, you can make transfers and use
transfer programs only after the Free Look Transfer Date. Your
transfer of Accumulated Value on the Free Look Transfer Date
does not count as a transfer for purpose of applying the
limitations described in this section. You can make transfers by
writing to us, by making a telephone or electronic transfer, or
by signing up for one of our automatic transfer services. You
will find more information about making telephone and electronic
transfers in M’s Versatile Product IX
Basics.
Transfers will normally be effective as of the end of the
Business Day we receive your written, telephone or electronic
request.
Here are some things you need to know about making transfers:
•
Transfers are limited to 25 for each calendar year.
•
If you have used all 25 transfers available to you in a calendar
year, you may no longer make transfers between the Investment
Options until the start of the next calendar year. However, you
may make 1 transfer of all or a portion of your Policy’s
Accumulated Value remaining in the Variable Investment Options
into the Cash Management Investment Option prior to the start of
the next calendar year.
•
You may only make 2 transfers in any calendar month to or from
each of the following Investment Options: American Funds
Growth-Income, American Funds Growth, American Funds Asset
Allocation, Fidelity VIP
Contrafund®
Service Class 2, Fidelity VIP Freedom Income Service
Class 2, Fidelity VIP Freedom 2010 Service Class 2,
Fidelity VIP Freedom 2015 Service Class 2, Fidelity VIP
Freedom 2020 Service Class 2, Fidelity VIP Freedom 2025
Service Class 2, Fidelity VIP Freedom 2030 Service
Class 2, Fidelity VIP Growth Service Class 2, Fidelity
VIP Mid Cap Service Class 2 and Fidelity VIP Value
Strategies Service Class 2, T. Rowe Price Blue Chip
Growth Portfolio – II, T. Rowe Price Equity
Income Portfolio – II.
•
Additionally, only 2 transfers in any calendar month may involve
any of the following Investment Options: International Value,
International Small-Cap, International Large-Cap, Emerging
Markets, Variable Account I (M International Equity Fund),
BlackRock Global Allocation V.I. Fund Class III, Janus
Aspen Series Overseas Service Class, PIMCO Global Multi-Asset
Portfolio Advisor Class, Templeton Global Bond Securities Fund
Class II or Van Eck VIP Global Hard Assets Fund.
50
•
For the purpose of applying the limitations, multiple transfers
that occur on the same day are considered 1 transfer. Transfers
into the Loan Account, a transfer of Accumulated Value from the
Loan Account into your Investment Options following a loan
payment, or transfers that occur as a result of the dollar cost
averaging service, the portfolio rebalancing service, approved
corporate owned life insurance policy rebalancing programs, the
first year transfer service or an approved asset allocation
service are excluded from the transfer limitations. Also,
allocations of premium payments are not subject to these
limitations.
•
Transfers to or from a Variable Investment Option cannot be made
before the seventh calendar day following the last transfer to
or from the same Variable Investment Option. If the seventh
calendar day is not a Business Day, then a transfer may not
occur until the next Business Day. The day of the last transfer
is not considered a calendar day for purposes of meeting this
requirement. For example, if you make a transfer into the
Diversified Research Variable Investment Option on Monday, you
may not make any transfers to or from that Variable Investment
Option before the following Monday. Transfers to or from the
Cash Management Variable Investment Option are excluded from
this limitation.
•
There is no minimum amount required if you are making transfers
between Variable Investment Options.
•
You can only make transfers from the Variable Investment Options
to the Fixed Options 30 days prior to and 30 days
after each Policy Anniversary. However, if your Policy was
issued in Connecticut, Georgia, Maryland, Massachusetts, North
Carolina, North Dakota or Pennsylvania, you can make transfers
to the Fixed Account any time during the first 18 months of
your Policy.
•
You can make one transfer in any 12-month period from each Fixed
Option, except if you have signed up for the first year transfer
service (see Transfer Services later in this section).
Such transfers are limited to the greater of:
•
$5,000, 25% of your Policy’s Accumulated Value in the Fixed
Account, or the amount transferred from the Fixed Account to the
Variable Accounts in the prior year. You may transfer 100% of
the value in the Fixed Account to the Fixed LT Account.
•
$5,000, 10% of your Policy’s Accumulated Value in the Fixed
LT Account, or the amount transferred from the Fixed LT Account
to the Variable Accounts or Fixed Account in the prior year.
•
We reserve the right, in our sole discretion, to waive the
transfer restrictions on the Fixed Options. Please contact us or
your insurance professional to find out if a waiver is currently
in effect.
•
Currently, there is no charge for making a transfer but we may
charge you in the future. The maximum fee we will charge for a
transfer is $25 per transfer in excess of 12 per Policy
Year.
•
There is no minimum required value for the Investment Option you
are transferring to or from.
•
You cannot make a transfer if your Policy is in the grace period
and is in danger of lapsing.
•
We can restrict or suspend transfers.
•
We will notify you or your representative if we refuse or delay
your transfer request.
•
We have the right to impose limits on transfer amounts, the
value of the Investment Options you are transferring to or from,
or impose further limits on the number and frequency of
transfers you can make. Any policy we establish with regard to
the exercise of any of these rights will be applied uniformly to
all Policy Owners.
There are no exceptions to the above transfer limitations in the
absence of an error by us, a substitution of Investment Options,
or reorganization of underlying portfolios or other
extraordinary circumstances.
Market-timing
restrictions
The Policy is not designed to serve as a vehicle for frequent
trading in response to short-term fluctuations in the market.
Accordingly, organizations or individuals that use market-timing
investment strategies and make frequent transfers should not
purchase the Policy. Such frequent trading can disrupt
management of the underlying portfolios and raise expenses. The
transfer limitations set forth above are intended to reduce
frequent trading. In addition, we monitor certain large
transaction activity in an attempt to detect trading that may be
disruptive to the portfolios. In the event transfer activity is
found to be disruptive, certain future subsequent transfers by
such Policy Owners, or by a insurance professional or other
party acting on behalf of one or more Policy Owners, will
require preclearance. Frequent trading and large transactions
that are disruptive to portfolio management can have an adverse
effect on portfolio performance and therefore your Policy’s
performance. Such trading may also cause dilution in the value
of the Investment Options held by long-term Policy Owners. While
these issues can occur in connection with any of the underlying
portfolios, portfolios holding securities that are subject to
market pricing inefficiencies are more susceptible to abuse. For
example, portfolios holding international securities may be more
susceptible to time-zone arbitrage which seeks to take advantage
of pricing discrepancies occurring between the time of the
closing of the market on which the security is traded and the
time of pricing of the portfolios.
Our policies and procedures which limit the number and frequency
of transfers and which may impose preclearance requirements on
certain large transactions are applied uniformly to all Policy
Owners, subject to the transfer restrictions outlined above.
However, there is a risk that these policies and procedures will
not detect all potentially disruptive activity or will otherwise
prove ineffective in whole or in part. Further, we and our
affiliates make available to our variable life insurance policy
owners and variable annuity contract owners underlying Funds not
affiliated with us. We are unable to monitor or restrict the
trading activity with respect to
51
shares of such Funds not sold in connection with our contracts.
In the event the Board of Trustees/Directors of any underlying
Fund imposes a redemption fee or trading (transfers)
limitations, we will pass them on to you.
We reserve the right to restrict, in our sole discretion and
without prior notice, transfers initiated by a market timing
organization or individual or other party authorized to give
transfer instructions on behalf of multiple Policy Owners. Such
restrictions could include:
•
not accepting transfer instructions from a representative acting
on behalf of more than one Policy Owner, and
•
not accepting preauthorized transfer forms from market timers or
other entities acting on behalf of more than one Policy Owner at
a time.
We further reserve the right to impose, without prior notice,
restrictions on transfers that we determine, in our sole
discretion, will disadvantage or potentially hurt the rights or
interests of other policy owners.
We offer 3 services that allow you to make automatic transfers
of Accumulated Value from one Investment Option to another.
Under the dollar cost averaging and portfolio rebalancing
services, you can transfer among the Variable Investment
Options. Under the first year transfer service, you can make
transfers from the Fixed Account to the Fixed LT Account and the
Variable Investment Options.
You may only participate in one transfer service at any time. We
have the right to discontinue, modify or suspend any of these
transfer services at any time.
Detailed information regarding each transfer service appears in
the SAI.
Dollar
cost averaging
Our dollar cost averaging service allows you to make scheduled
transfers of $50 or more between Variable Investment Options. It
does not allow you to make transfers to or from either of the
Fixed Options. We process transfers as of the end of the
Business Day on your Policy’s monthly, quarterly,
semi-annual or annual anniversary, depending on the interval you
choose. You must have at least $5,000 in a Variable Investment
Option to start the service.
Since the value of accumulation units can change, more units are
credited for a scheduled transfer when unit values are lower,
and fewer units when unit values are higher. This allows you to
average the cost of investments over time. Investing this way
does not guarantee profits or prevent losses.
We will not charge you for the dollar cost averaging service or
for transfers made under this service, even if we decide to
charge you in the future for transfers outside of the service,
except if we have to by law.
Portfolio
rebalancing
As the value of the underlying portfolios changes, the value of
the allocations to the Variable Investment Options will also
change. The portfolio rebalancing service automatically
transfers your Policy’s Accumulated Value among the
Variable Investment Options according to your original
percentage allocations. We process transfers as of the end of
the Business Day on your Policy’s next quarterly,
semi-annual or annual anniversary, depending on the interval you
choose, unless you specify a different start date.
Because the portfolio rebalancing service matches your original
percentage allocations, we may transfer money from an Investment
Option with relatively higher returns to one with relatively
lower returns.
We do not charge for the portfolio rebalancing service and we do
not currently charge for transfers made under this service. If
imposed, transfer fees could be substantial if total transfers
scheduled under this service plus any unscheduled transfers you
request exceed any applicable minimum guarantee of free
transfers per Policy Year.
If at any time you move all or any portion of your policy’s
accumulated value out of the investment options you selected at
the time you enrolled in the portfolio rebalancing service, your
enrollment will be cancelled. Once the portfolio rebalancing
service is cancelled, you must wait 30 days before you can
re-enroll.
First
year transfer
Our first year transfer service allows you to make monthly
transfers from the Fixed Account to the Variable Investment
Options or the Fixed LT Account during the first year your
Policy is In Force. It does not allow you to transfer among
Variable Investment Options. You enroll in the service when you
apply for your Policy and include specific details on your
application.
This service allows you to average the cost of investments over
the first 12 months from the date your initial premium is
applied to your Policy. Investing this way does not guarantee
profits or prevent losses.
52
We do not charge for the first year transfer service and we do
not currently charge for transfers made under this service. If
imposed, transfer fees could be substantial if total transfers
scheduled under this service plus any unscheduled transfers you
request exceed any applicable minimum guarantee of free
transfers per Policy Year.
You can take out all
or part of your Policy’s Accumulated Value while your
Policy is In Force by making withdrawals or surrendering your
Policy. You can take out a loan from us using your Policy as
security. You can also use your Policy’s loan and
withdrawal features to supplement your income, for example,
during retirement.
Making a withdrawal, taking out a loan or surrendering your
Policy can change your Policy’s tax status, generate
taxable income, or make your Policy more susceptible to lapsing.
Be sure to plan carefully before using these Policy benefits.
If you withdraw a larger amount than you have paid into your
Policy, your withdrawal may be considered taxable income.
For more information on the tax treatment of withdrawals or
loans, or in the event you surrender your Policy, see
Variable Life Insurance and Your Taxes.
You can withdraw part of your Policy’s Net Cash Surrender
Value starting on your Policy’s first anniversary.
Here’s how it works:
•
You must send us a Written Request that’s signed by all
owners.
•
Each withdrawal must be at least $200, and the Net Cash
Surrender Value of your Policy after the withdrawal must be at
least $500.
•
We will not accept your request to make a withdrawal if it will
cause your Policy to become a Modified Endowment Contract,
unless you have told us in writing that you want your Policy to
become a Modified Endowment Contract.
•
We may charge you $25 for each withdrawal you make. (There is no
charge currently imposed upon a withdrawal.)
•
You can choose to receive your withdrawal in a lump sum or use
it to buy an income benefit. Please see the discussion about
income benefits in General Information About Your Policy.
•
We deduct the withdrawal from the investment Options that make
up your Policy’s Accumulated Value, in proportion to the
Accumulated Value you have in each investment Option. You may
choose to have such deductions taken from either the Variable
Investment Options or the Fixed Account.
•
The Accumulated Value, Cash Surrender Value and Net Cash
Surrender Value of your Policy will be reduced by the amount of
each withdrawal.
•
If the Insured dies after you have sent a withdrawal request to
us, but before we have made the withdrawal, we will deduct the
amount of the withdrawal from any Death Benefit Proceeds owing.
How
withdrawals affect your policy’s death
benefit
Making a withdrawal will affect your Policy’s Death Benefit
in the following ways:
•
If your Policy’s Death Benefit does not equal the Minimum
Death Benefit, the Death Benefit may decrease by the amount of
your withdrawal.
•
If your Policy’s Death Benefit equals the Minimum Death
Benefit, the Death Benefit may decrease by more than the amount
of your withdrawal.
How
withdrawals affect your policy’s face amount
If you have chosen Death Benefit Option B or Option C, making a
withdrawal does not reduce your Policy’s Total Face Amount.
If you have chosen Death Benefit Option A, then a withdrawal may
reduce your Policy’s Total Face Amount; however, the first
withdrawal of each year in the first 15 Policy Years up to the
lesser of $10,000 or 10% of the Net Cash Surrender Value will
not reduce the Policy’s Total Face Amount. If you withdraw
a larger amount, or make additional withdrawals, the Total Face
Amount will usually be reduced by the amount, if any, by which
the Total Face Amount exceeds the result of the Death Benefit
immediately before the withdrawal minus the amount of the
withdrawal. For Policies with Death Benefit Option A and the
Guideline Premium Test election, the Total Face Amount reduction
following a withdrawal may be limited to keep the Guideline
Premium Limit greater than zero at all times prior to age 100.
We reserve the right to refuse any withdrawal request that would
reduce the Policy’s Total Face Amount to less than $1,000
after the withdrawal.
You can borrow money from us any time after the free look
period. The minimum amount you can borrow is $200, unless there
are other restrictions in your state. The maximum amount
available to borrow is less than 100% of your Accumulated Value.
Taking out a loan will affect the growth of your Policy’s
Accumulated Value, and may affect the Death Benefit.
You may request a loan either by sending us a request in
writing, over the telephone or electronically. You will find
more information about requesting a loan by telephone or
electronically in Policy Basics.
When you borrow money from us, we use your Policy’s
Accumulated Value as security. You pay interest on the amount
you borrow. The Accumulated Value set aside to secure your loan
also earns interest. Here’s how it works:
•
To secure the loan, we transfer an amount equal to the amount
you are borrowing from your Accumulated Value in the Investment
Options to the Loan Account. We will transfer the loan from the
Investment Options that make up your Policy’s Accumulated
Value, in proportion to the Accumulated Value you have in each
Investment Option. You may choose to have such deductions taken
from either the Variable Investment Options or the Fixed Account.
•
Interest owing on the amount you have borrowed accrues daily at
an annual rate of 2.75%. Interest that has accrued during the
Policy Year is due on your Policy Anniversary.
•
The amount in the Loan Account earns interest daily at an annual
rate of at least 2.5%. On each Policy Anniversary, if the Policy
Debt exceeds the Loan Account Value, then the excess is
transferred from your Policy’s Investment Options to the
Loan Account on a proportionate basis to the Loan Account. If
the Loan Account Value exceeds Policy Debt, then the excess will
be transferred from the Loan Account to the Investment Options
according to your most recent premium allocation instructions.
•
We currently intend to credit interest on the amount in the Loan
Account at an annual rate of 2.75% in Policy Year 6 and
thereafter. We can decrease the rate credited if we believe the
change is needed to ensure that your Policy loan is not treated
as a taxable distribution under federal income tax laws, or
under any applicable ruling, regulation, or court decision. We
will not decrease the annual rate to less than 2.5% on the
amount in the Loan Account.
How
much you can borrow
The maximum amount you may borrow on any date is equal to the
Accumulated Value less:
•
three times the most recent monthly deduction;
•
any surrender charge; and
•
any existing Policy Debt.
An
example of how much you can borrow
For
a Policy in Policy Year 5 with:
• Accumulated
Value of $100,000
• Policy
Debt of $60,000
• a
most recent monthly charge of $225
• a
surrender charge of $5,000 if the Policy was surrendered on the
day the loan is taken.
The
maximum amount you can borrow is $34,325. (100,000 − (3
× 225) − 5,000 − 60,000)
Paying
off your loan
You can pay off all or part of the loan any time while your
Policy is In Force. Unless you tell us otherwise, we will
generally transfer any loan payments you make proportionately to
your Investment Options according to your most recent allocation
instructions. We may, however, first transfer any loan payments
you make to the Fixed Options, up to the amount originally
transferred from the Fixed Options to the Loan Account. We will
then transfer any excess amount to your Variable Investment
Options according to your most recent allocation instructions.
While you have Policy Debt, we will treat any money you send us
as a loan repayment unless you tell us otherwise in writing.
You can make monthly loan payments using our Electronic Funds
Transfer Plan. Here’s how it works:
•
You authorize us to withdraw a specified amount from your
checking account, savings account or money market account each
month by completing an Electronic Funds Transfer Form. Please
contact us or your insurance professional for a copy of this
form.
•
You can choose any day between the
4th and
28th of
the month for us to make the withdrawal.
•
Loan payments made by the Electronic Funds Transfer Plan must be
at least $50.
55
What
happens if you do not pay off your loan
If you do not pay off your loan, we will deduct the amount in
the Loan Account, including any interest you owe, from one of
the following:
•
the Death Benefit Proceeds before we pay them to your Beneficiary
•
the Cash Surrender Value if you surrender your Policy
Taking out a loan, whether or not you repay it, will have a
permanent effect on the value of your Policy. For example, while
your Policy’s Accumulated Value is held in the Loan
Account, it will miss out on the potential earnings available
through the Variable Investment Options. The amount of interest
you earn on the Loan Account may be less than the amount of
interest you would have earned from the Fixed Options. These
could lower your Policy’s Accumulated Value, which could
reduce the amount of the Death Benefit.
When a loan is outstanding, the amount in the Loan Account is
not available to help pay for any Policy charges. If, after
deducting your Policy Debt, there is not enough Accumulated
Value in your Policy to cover the Policy charges, your Policy
could lapse. You may need to make additional premium payments or
loan repayments to prevent your Policy from lapsing.
Your Policy Debt could result in taxable income if you surrender
your Policy, if your Policy lapses, or if your Policy is a
Modified Endowment Contract. You should talk to your tax advisor
before taking out a loan under your Policy. See Taxation of
distributions in Variable Life Insurance and Your
Taxes.
You can use your Policy’s loan and withdrawal features to
supplement your income, for example, during retirement. If you
are interested in using your life insurance Policy to supplement
your retirement income, please contact us for more information.
Setting up an income stream may not be suitable for all Policy
Owners.
Here are some things you should consider when setting up an
income stream:
•
the rate of return you expect to earn on your Investment Options
•
how long you would like to receive regular income
•
the amount of Accumulated Value you want to maintain in your
Policy.
You can ask your insurance professional for Illustrations
showing how Policy charges may affect existing Accumulated Value
and how future withdrawals and loans may affect the Accumulated
Value and Death Benefit. You can also ask for accompanying
charts and graphs that compare results from various retirement
strategies.
Understanding
the risks
Using your Policy to supplement your income does not change your
rights or our obligations under the Policy. The terms for loans
and withdrawals described in this prospectus remain the same. It
is important to understand the risks that are involved in using
your Policy’s loan and withdrawal features. Use of these
features may increase the chance of your Policy lapsing.
You should consult with your financial adviser and carefully
consider how much you can withdraw and borrow from your Policy
each year to set up your income stream.
Our automated income option (“AIO”) program allows you
to make scheduled withdrawals or loans. Your Policy is eligible
after the
7th
Policy Anniversary. To begin the program, you must have a
minimum Net Cash Surrender Value of $50,000, and your Policy
must not qualify as a Modified Endowment Contract.
You request participation in the AIO program and specify your
AIO preferences by sending us an AIO Request Form. If you wish
to do so, contact your insurance professional for an AIO Request
Form.
There is no fee to participate in the AIO program. The $25 fee
for withdrawals under the AIO program is currently waived.
Withdrawals and loans may reduce Policy values and benefits.
They may also increase your risk of lapse. In order to minimize
the risk of lapse, you should not take additional loans or
withdrawals while you are in the AIO program.
Distributions under the AIO program may result in tax liability.
Please consult your tax advisor. For more information, see
Variable Life Insurance and Your Taxes.
You may discontinue participation in the AIO program at any time
by sending a Written Request to us.
Subject to availability in your state, your Policy will have an
Overloan Protection II Rider if the Insured is Age 80 or younger
and you elect the Guideline Premium Test as the Death Benefit
Qualification Test. Exercise of this Rider will guarantee, as
long as the Rider stays in effect, that the Policy will not
lapse even if the Policy Debt exceeds the Accumulated Value. For
more information, please see The Death Benefit: Other Riders
and Benefits.
You can surrender or cash in your Policy at any time while the
Insured is alive.
Here are some things you need to know about surrendering your
Policy:
•
You must send us your Policy and a Written Request.
•
We will send you the Policy’s Net Cash Surrender Value. You
can choose to receive your money in a lump sum or use it to buy
an income benefit. Please see the discussion about income
benefits in General Information About Your Policy.
•
If you surrender your Policy during the first 10 Policy
Years, we will deduct a surrender charge.
•
Each Coverage Layer has a surrender charge, based on the Face
Amount of each Coverage Layer and the Age and Risk Class of the
Insured, and the Death Benefit Option, on the date each Coverage
Layer is effective. If you increase your Policy’s Face
Amount, we will send you a supplemental schedule of benefits
that shows the surrender charge factors associated with the
increase.
•
Your Policy has a Level Period of one year at Policy issue,
during which the surrender charge is equal to the Initial
Amount. After the Level Period, the surrender charge decreases
on each Monthly Payment Date by
1/12
of the Reduction Factor until the charge becomes $0 after the
End Year. The Initial Amount, Level Period, Reduction Factor and
End Year are shown in the Table of Surrender Charge Factors in
your Policy Specifications.
Example
For
a Policy that insures a male non-smoker, Death Benefit Option A
or C, Age 45 at Policy issue, with a Policy Face Amount of
$100,000
Initial
Amount = $1,078.20
Level
Period = 1 Policy Year
Reduction
Factor = 119.80
End
Year = 10
During
the first 12 Policy months, the surrender charge is:
$1,078.20
In
Policy month 13, the surrender charge is: $1,068.22
($1,078.20 − (119.80 ¸ 12))
•
There’s no surrender charge on any Coverage Layer after 10
Policy Years from the date the Coverage Layer is effective.
•
We guarantee the surrender charge rates will not increase.
•
If you decrease the Face Amount, the decrease will not affect
your Policy’s surrender charge.
This section tells
you some additional things you should know about your Policy.
Income
Benefit
If you surrender or make a withdrawal from your Policy, you can
use the money to buy an income benefit that provides a monthly
income. Your Policy’s Beneficiary can use Death Benefit
Proceeds to buy an income benefit. In addition to the income
benefit described below, you can choose from other income
benefits we may make available from time to time.
The following is one income benefit available under the Policy:
•
The income benefit is based on the life of the person receiving
the income. If the Policy Owner is buying the income benefit,
monthly income will be based on the Owner’s life. If the
Policy’s Beneficiary buys the income benefit, monthly
income will be based on the Beneficiary’s life.
•
We will pay a monthly income for at least 10 years
regardless of whether the person receiving the income is still
alive.
•
After 10 years, we will only pay the monthly income for as
long as the person receiving it is still alive.
•
The minimum monthly income benefit calculated must be at least
$100.
•
For this income benefit, the amount you receive will always be
at least as much as the amount guaranteed by your Policy.
Paying the Death
Benefit in the Case of Suicide
If the Insured, whether sane or insane, commits suicide within
two years of the Policy Date, Death Benefit Proceeds will be the
total of all premiums you have paid, less any Policy Debt and
any withdrawals you have made.
If you reinstate your Policy and the Insured commits suicide,
while sane or insane, within two years of the latest
reinstatement date, the Death Benefit Proceeds will be the sum
of the premiums paid, less the sum of any Policy loans and
withdrawals taken, since the latest reinstatement date.
If the Insured commits suicide, while sane or insane, after two
years from the Policy Date but within two years of any increase
in Total Face Amount or, if applicable, the latest reinstatement
date after any such increase, the Death Benefit Proceeds will be
limited by the following adjustments:
1)
any such increase in Total Face Amount will be excluded;
2)
refund of the portion of monthly deductions associated with any
such increase will be included; and
3)
premium load associated with the portion of monthly deductions
referred to in 2) above will be included.
Replacement of
Life Insurance or Annuities
The term replacement has a special meaning in the life
insurance industry. Before you make a decision to buy, we want
you to understand what impact a replacement may have on your
existing insurance policy.
A replacement occurs when you buy a new life insurance policy or
annuity contract, and a policy or contract you already own has
been or will be:
•
lapsed, forfeited, surrendered or partially surrendered,
assigned to the replacing insurer, or otherwise terminated
•
converted to reduced paid-up insurance, continued as extended
term insurance, or otherwise reduced in value by the use of
nonforfeiture benefits or other policy values
•
amended to effect either a reduction in benefits or in the term
for which coverage would otherwise remain in force or for which
benefits would be paid
•
reissued with any reduction in cash value, or
•
pledged as collateral or subject to borrowing, whether in a
single loan or under a schedule of borrowing over a period of
time.
There are circumstances when replacing your existing life
insurance policy or annuity contract can benefit you. As a
general rule, however, replacement is not in your best interest.
A replacement may affect your plan of insurance in the following
ways:
•
You will pay new acquisition costs;
•
You may have to submit to new medical examinations;
•
You may pay increased premiums because of the increased age or
changed health of the insured;
58
•
Claims made in the early policy years may be contested;
•
You may have to pay surrender charges and/or income taxes on
your current policy or contract values;
•
Your new policy or contract values may be subject to surrender
charges; and
•
If part of a financed purchase, your existing policy or contract
values or Death Benefit may be reduced.
You should carefully compare the costs and benefits of your
existing policy or contract with those of the new policy or
contract to determine whether replacement is in your best
interest.
Policy
Exchange
If your Policy is issued in Connecticut or Maryland, you may
exchange this Policy for a policy with benefits that do not vary
with the investment results of a separate account. You must
request this in writing within 18 months of your Policy
Date and return the original Policy.
The new policy will have the same Owner, Beneficiary and Cash
Surrender Value as those of your original Policy on the date of
exchange. It will also have the same issue Age, Policy Date,
Face Amount, benefits, Riders and underwriting class as the
original Policy. However, if your Risk Class is not available,
the Policy will be issued with a comparable risk classification.
Any Policy Debt will be carried over to the new policy. Evidence
of insurability will not be required.
Errors on Your
Application
If the gender or birth date of the Insured is stated incorrectly
on your application, the Death Benefit under your Policy will be
the greater of the following:
•
the Death Benefit based on a Net Amount At Risk adjusted by the
ratio of the incorrect cost of insurance rate to the correct
cost of insurance rate for the Insured’s gender and Age, or
•
the Minimum Death Benefit for the correct gender and birth date.
If the Insured’s gender or birth date is misstated in the
application and it is discovered before the death of the
Insured, we will not recalculate the Accumulated Value, but we
will use the correct gender and birth date of the Insured in
calculating future monthly deductions.
Contesting the
Validity of Your Policy
We have the right to contest the validity of your Policy for two
years from the Policy Date. Once your Policy has been In Force
for two years from the Policy Date during the lifetime of the
Insured, we generally lose the right to contest its validity.
We also have the right to contest the validity of a Policy that
you reinstate for two years from the day that it was reinstated.
Once your reinstated Policy has been In Force for two years from
the reinstatement date during the lifetime of the Insured, we
generally lose the right to contest its validity. During this
period, we may contest your Policy only if there is a material
misrepresentation on your application for reinstatement.
We have the right to contest the validity of an increase in the
Face Amount of a Policy for two years from the day the increase
becomes effective. Once the increased Face Amount has been In
Force for two years during the lifetime of the Insured, we
generally lose the right to contest its validity.
Regardless of the above, we can contest the validity of your
Policy for failure to pay premiums at any time. The Policy will
terminate upon successful contest with respect to the Insured.
Assigning Your
Policy as Collateral
You may assign your Policy as collateral to secure a loan,
mortgage, or other kind of debt. An assignment will take place
only when we receive and record your signed Collateral
Assignment Form. When recorded, the assignment will take effect
as of the date the form was signed. Any rights created by the
assignment will be subject to any payments made or actions taken
by us before we record the change. We will not be responsible
for the validity of any assignment. Please contact us for a
Collateral Assignment Form if you would like to assign your
Policy.
Non-participating
This Policy will not share in any of our surplus earnings.
59
Policy
Changes
We reserve the right to make any change to the provisions of
this Policy to comply with, or give you the benefit of, any
federal or state statute, rule, or regulation, including but not
limited to requirements for life insurance contracts under the
Tax Code or of any state. We will provide you with a copy of any
such change, and file such a change with the insurance
supervisory official of the state in which this Policy is
delivered, and any other applicable regulatory authority. You
have the right to refuse any such change.
The tax consequences
of owning a Policy or receiving proceeds from it may vary by
jurisdiction and according to the circumstances of each Owner or
Beneficiary.
The following is
based on our understanding of the present federal income tax
laws as they are currently interpreted by the Internal Revenue
Service (IRS). It is based on the Internal Revenue Code (the Tax
Code) and does not cover any state or local tax laws. More
detailed information appears in the SAI.
We do not know whether the current treatment of life insurance
policies under current federal income tax or estate or gift tax
laws will continue. We also do not know whether the current
interpretations of the laws by the IRS or the courts will remain
the same. Future legislation may adversely change the tax
treatment of life insurance policies. This may affect the
performance and underlying tax assumptions of this Policy,
including any Riders. In some cases, these changes could result
in a decrease in Policy values or lapse.
We do not make any guarantees about the tax status of your
Policy, and you should not consider the discussion that follows
to be tax advice. This is not a complete discussion of all
federal income tax questions that may arise under a Policy.
There are special rules that we do not include here that may
apply in certain situations. Speak to a qualified tax adviser
for complete information about federal, state and local taxes
that may apply to you.
The Policy as
Life Insurance
Death benefits from a life insurance policy may generally be
excluded from income under Section 101(a) of the Tax Code.
We believe that the Policy meets the statutory definition of
life insurance for federal income tax purposes. That means it
will receive the same tax advantages as a conventional fixed
life insurance policy. The two main tax advantages are:
•
In general, your Policy’s Beneficiary will not be subject
to federal income taxes when he or she receives the Death
Benefit Proceeds.
•
You will generally not be taxed on your Policy’s
Accumulated Value unless you receive a cash distribution by
making a withdrawal, surrendering your Policy, or in some
instances, taking a loan from your Policy.
Policy Features
and Charges
The tax laws defining life insurance do not cover all policy
features. Your Policy may have features that could prevent it
from qualifying as life insurance. For example, the tax laws
have yet to address:
•
substandard risk policies
•
policies with term insurance on the Insured
•
life insurance policies that continue coverage beyond Age 100,
or other advanced ages.
The Tax Code and tax regulations impose limitations on
unreasonable mortality and expense charges for purposes of
determining whether a policy qualifies as life insurance for
federal tax purposes. We can change our mortality charges if we
believe the changes are needed to ensure that your Policy
qualifies as a life insurance contract.
Diversification
rules and ownership of the Separate Account
Your Policy will not qualify for the tax benefit of a life
insurance contract unless, among other requirements, the
Separate Account follows certain rules requiring diversification
of investments underlying the Policy. Section 817(h) of the
Tax Code and related Treasury Regulations describe the
diversification rules.
For a variable life insurance policy to qualify for tax
deferral, assets in the separate accounts supporting the policy
must be considered to be owned by the insurance company and not
by the policy owner. If a policy owner is treated as having
control over the underlying assets, the policy owner will be
taxed currently on income and gains from the account and in such
a case of “investor control” the policy owner would
not derive the tax benefits normally associated with variable
life insurance.
For more information about diversification rules, please refer
to the accompanying prospectus of the Pacific Select Fund
prospectus. For more information regarding investor control,
please refer to the policy SAI.
Policy
Exchanges
Policy exchanges fall under Section 1035(a) of the Tax Code.
61
If you exchange your Policy for another one that insures the
same person, it generally will be treated as a tax-free exchange
and, if so, will not result in the recognition of gain or loss.
If the policy owner or the person insured by the policy is
changed, the exchange will be treated as a taxable exchange.
Change of
Ownership
You may have taxable income if you transfer ownership of your
Policy, sell your Policy, or change the ownership of it in any
way.
Corporate or
Employer Owners
There are special tax issues for corporate Owners:
•
Section 101(j) of the Internal Revenue Code generally provides
that Death Benefits paid in connection with certain life
insurance policies involving an employer will be taxable income.
Employer-involved policies issued or materially modified on or
after August 18, 2006 may be subject to income tax
liability on the Policy’s Death Benefit unless certain
requirements and conditions of Internal Revenue Code
Section 101(j) are met.
•
Using your Policy to informally fund a promised deferred
compensation benefit for executives may have special tax
consequences.
•
Corporate ownership of a Policy may affect your liability under
the alternative minimum tax (Section 56 of the Tax Code)
and the environmental tax (Section 59A of the Tax Code).
Please consult your tax adviser for these and other special
rules for employer-involved Policies.
Loans
and corporate-owned policies
If you borrow money to buy or carry certain life insurance
policies, tax law provisions may limit the deduction of
interest. If the taxpayer is an entity that’s a direct or
indirect beneficiary of certain life insurance, endowment or
annuity contracts, a portion of the entity’s deductions for
loan interest may be disallowed, even though this interest may
relate to debt that’s completely unrelated to the contract.
There may be a limited exception that applies to contracts
issued on 20% owners, officers, directors or employees of the
entity. For more information about this exception, you should
consult your tax adviser.
Modified
Endowment Contracts
Section 7702A of the Tax Code defines conventional life
insurance policies. It also defines a class of life insurance
policies known as “Modified Endowment Contracts”. If
your Policy is a Modified Endowment Contract, any distributions
you receive during the life of the Policy are treated less
favorably than under conventional life insurance policies.
Withdrawals, loans, pledges, assignments and the surrender of
your Policy are all considered distributions and may be subject
to tax on an income-first basis and a 10% penalty.
When a
Policy becomes a Modified Endowment Contract
A life insurance policy becomes a Modified Endowment Contract
if, at any time during the first seven policy years, the sum of
actual premiums paid exceeds the seven-pay limit. The seven-pay
limit is the cumulative total of the level annual premiums (or
seven-pay premiums) required to pay for the policy’s future
death and endowment benefits.
An
example
For
a policy with seven-pay premiums of $1,000 a year, the maximum
premiums you could pay during the first seven years to avoid
modified endowment treatment would be:
• $1,000
in the first year
• $2,000
through the first two years
• $3,000
through the first three years, etc.
If there is a material change to your Policy, like a change in
the Death Benefit, we may have to retest your Policy and restart
the seven-pay premium period to determine whether the change has
caused the Policy to become a Modified Endowment Contract.
Taxation of
Distributions
Tax treatment of distributions from your Policy’s
Accumulated Value may be treated differently, depending upon
whether your Policy is a Modified Endowment Contract.
62
CONVENTIONAL LIFE INSURANCE
POLICY
MODIFIED ENDOWMENT
CONTRACT
Surrendering your Policy
Proceeds are taxed to the extent they exceed the investment in
the
contract1.
Proceeds are taxed to the extent they exceed the investment in
the contract.
Making a withdrawal
If you make a withdrawal after your Policy has been In Force for
15 years, you will only be taxed on the amount you withdraw
that exceeds the investment in the contract.
You will be taxed on the amount of the withdrawal that’s
considered
income2,
including all previously non-taxed gains.
Special rules apply if you make a withdrawal within the first 15
Policy Years. You may be taxed on all or a portion of the
withdrawal amount, and there is a reduction in Policy benefits.
Taking out a loan
You will not pay tax on the loan amount unless your Policy is
surrendered, lapses or matures and you have not repaid your
Policy Debt.
You will be taxed on the amount of the loan that’s
considered income, including all previously non-taxed gains.
1
The
investment in the contract is generally the premiums you have
paid plus any taxable distributions less any withdrawals or
premiums previously recovered that were taxable.
2
Income
is the difference between the Accumulated Value and the
investment in the contract.
All Modified Endowment Contracts issued to you in a calendar
year by us or our affiliates are treated as a single contract
when we calculate whether a distribution amount is subject to
tax.
10%
penalty tax on Modified Endowment Contracts
If any amount you receive from a Modified Endowment Contract is
taxable, you may also have to pay a penalty tax equal to 10% of
the taxable amount. A taxpayer will not have to pay the penalty
tax if any of the following exceptions apply:
•
you are at least
591/2 years
old
•
you are receiving an amount because you have become disabled
•
you are receiving an amount that’s part of a series of
substantially equal periodic payments, paid out at least
annually. These payments may be made for your life or life
expectancy or for the joint lives or joint life expectancies of
you and your Beneficiaries.
Distributions
before a Policy becomes a Modified Endowment
Contract
If your Policy fails the seven-pay test and becomes a Modified
Endowment Contract, any amount you receive or are deemed to have
received during the two years before it became a Modified
Endowment Contract may be taxable. The distribution would be
treated as having been made in anticipation of the Policy’s
failing to meet the seven-pay test under Treasury Department
regulations which are yet to be prescribed.
Federal Estate
Taxes
The current federal estate tax law provides, among other things,
for reductions in federal estate tax rates, increases in the
exemption amount, and a “repeal” of the federal estate
tax in 2010. However, the legislation provides for full
reinstatement of the federal estate tax in the year 2011. In
addition, there are legislative proposals that would further
affect the estate tax. If you are considering the purchase of
the Policy to help pay federal estate taxes at death, consult
with your tax advisor.
Policy
Riders
Accelerated
Living Benefits Rider
If you exercise an Accelerated Living Benefit Rider, the amounts
received under this Rider should be generally excluded from
taxable income under Section 101(g) of the Tax Code.
However, benefits under the Rider will be taxed if they are paid
to someone other than the Insured, and the Insured:
•
is a director, officer or employee of the person receiving the
benefit, or
•
has a financial interest in a business of the person receiving
the benefit.
In some cases, there may be a question as to whether a life
insurance policy that has an Accelerated Living Benefit Rider
can meet technical aspects of the definition of “life
insurance contract” under the Tax Code. We may reserve the
right, but are not obligated, to modify the Rider to conform
under Tax Code requirements.
Please consult with your tax adviser if you want to exercise
your rights under this Rider.
Pacific Life
Insurance Company is a life insurance company domiciled in
Nebraska. Along with our subsidiaries and affiliates, our
operations include life insurance, annuity, pension and
institutional products, broker-dealer operations, and investment
and advisory services. At the end of 2010, we had
$[ ] billion of individual
life insurance in force and total admitted assets of
approximately $[ ] billion.
We are authorized to
conduct our life and annuity business in the District of
Columbia and in all states except New York. Our executive office
is at 700 Newport Center Drive, Newport Beach, California92660.
How Our Accounts
Work
We own the assets in our General Account and our Separate
Account. We allocate your Net Premiums to these accounts
according to the Investment Options you have chosen.
General
Account
Our General Account includes all of our assets, except for those
held in our separate accounts. We guarantee you an interest rate
for up to one year on any amount allocated to the Fixed Options.
The rate is reset annually. The Fixed Options are part of our
General Account, which we may invest as we wish, according to
any laws that apply. We will credit the guaranteed rate even if
the investments we make earn less. Unlike the Separate Account,
the General Account is subject to liabilities arising from any
of our other business. Our ability to pay these guarantees is
backed by our financial strength and claims paying ability as a
company. You must look to the company’s strength with
regard to policy guarantees. We can provide you with reports of
our ratings as an insurance company and our ability to pay
claims with respect to our General Account assets.
The Fixed Options are not securities, so they do not fall under
any securities act. For this reason, the SEC has not reviewed
the disclosure in this prospectus about the Fixed Options.
However, other federal securities laws may apply to the accuracy
and completeness of the disclosure about the Fixed Options.
Separate
Account
Amounts allocated to the Variable Investment Options are held in
our Separate Account. The assets in this account are kept
separate from the assets in our General Account and our other
separate accounts, and are protected from our general creditors.
The Separate Account is divided into Variable Accounts. Each
Variable Account invests in shares of a designated portfolio of
the Pacific Select Fund, the BlackRock Variable Series Funds,
Inc., the Fidelity Variable Insurance Products Funds
(“Fidelity VIP Funds”), the Franklin Templeton
Variable Insurance Products Trust, the GE Investments Funds,
Inc., the Janus Aspen Series, the Lazard Retirement Series,
Inc., the Legg Mason Partners Variable Equity Trust, the Lord
Abbett Series Fund, Inc., the MFS Variable Insurance Trust, the
PIMCO Variable Insurance Trust, the Royce Capital Fund, the
T. Rowe Price Equity Series, Inc. or the Van Eck VIP
Trust. We may add Variable Accounts that invest in other
portfolios of these Funds or in other securities.
We are the legal owner of the assets in the Separate Account,
and pay its operating expenses. We do not hold ourselves out to
be trustees of the Separate Account assets. The Separate Account
is operated only for our variable life insurance policies.
Pacific Life is obligated to pay all amounts promised to Policy
Owners under the terms of the Policy. We must keep enough money
in the account to pay anticipated obligations under the
insurance policies funded by the account, but we can transfer
any amount that’s more than these anticipated obligations
to our General Account. Some of the money in the Separate
Account may include charges we collect from the account and any
investment results on those charges.
We cannot charge the assets in the Separate Account attributable
to our reserves and other liabilities under the policies funded
by the Separate Account with any liabilities from our other
business.
Similarly, the income, gains or losses, realized or unrealized,
of the assets of any Variable Account belong to that Variable
Account and are credited to or charged against the assets held
in that Variable Account without regard to our other income,
gains or losses.
Making
changes to the Separate Account
We can add, change or remove any securities that the Separate
Account or any Variable Account holds or buys, as long as we
comply with the laws that apply.
We can substitute shares of one portfolio with shares of another
portfolio or Fund if:
•
any portfolio is no longer available for investment; or
•
our management believes that a portfolio is no longer
appropriate in view of the purposes of the Policy.
64
We will give you any required notice or receive any required
approval from Policy Owners or the SEC before we substitute any
shares. We will comply with the filing or other procedures
established by insurance regulators as required by law.
We can add new Variable Accounts, which may include additional
subaccounts of the Separate Account, to serve as Investment
Options under the Policies. These may be managed separate
accounts or they may invest in a new portfolio of the Funds, or
in shares of another investment company or one of its
portfolios, or in a suitable investment vehicle with a specified
investment objective.
We can add new Variable Accounts when we believe that it is
warranted by marketing needs or investment conditions. We will
decide on what basis we will make new Variable Accounts
available to existing Policy Owners.
We can also eliminate any of our Variable Accounts if we believe
marketing, tax or investment conditions warrant it. We can
terminate and liquidate any Variable Account.
If we make any changes to Variable Accounts or substitution of
securities, we can make appropriate changes to this Policy or
any of our other policies, by appropriate endorsement, to
reflect the change or substitution.
If we believe it is in the best interests of people holding
voting rights under the Policies and we meet any required
regulatory approvals we can do the following:
•
operate the Separate Account as a management investment company,
unit investment trust, or any other form permitted under
securities or other laws
•
register or deregister the Separate Account under securities law
•
combine the Separate Account with one of our other separate
accounts or our affiliates’ separate accounts
•
combine one or more Variable Accounts
•
create a committee, board or other group to manage the Separate
Account
•
change the classification of any Variable Account.
Taxes
we pay
We may be charged for state and local taxes. Currently, we pay
these taxes because they are small amounts with respect to the
Policy. If these taxes increase significantly, we may deduct
them from the Separate Account.
We may charge the Separate Account for any federal, state and
local taxes that apply to the Separate Account or to our
operations. This could happen if our tax status or the tax
treatment of variable life insurance changes.
Voting
Rights
We are the legal owner of the shares of the Funds that are held
by the Variable Accounts. We may vote on any matter at
shareholder meetings of the Funds. However, we are required by
law to vote as you instruct on the shares relating to your
allocation in a Variable Investment Option. This is called your
voting interest.
Your voting interest is calculated as of a day set by the Board
of Trustees or Board of Directors of a Fund, called the
record date. Your voting interest equals the Accumulated
Value in a Variable Investment Option divided by the net asset
value of a share of the corresponding portfolio. Fractional
shares are included. If allowed by law, we may change how we
calculate your voting interest.
We will send you documents from the Fund called proxy
materials. They include information about the items you will
be voting on and forms for you to give us your instructions. We
will vote shares held in the Separate Account for which we do
not receive voting instructions in the same proportion as all
other shares in the portfolio held by the Separate Account for
which we have received timely instructions. If we do not receive
any voting instructions for the shares in a separate account, we
will vote the shares in the same proportion as the total votes
for all of our separate accounts for which we have received
timely instructions. As a result of proportional voting, the
votes cast by a small number of policy owners may determine the
outcome of a vote.
We will vote shares of any portfolio we hold in our General
Account in the same proportion as the total votes for all of our
separate accounts, including this Separate Account. We will vote
shares of any portfolio held by any of our non-insurance
affiliates in the same proportion as the total votes for all of
our separate accounts and those of our insurance affiliates.
If the law changes to allow it, we can vote as we wish on shares
of the portfolios held in the Separate Account.
When required by state insurance regulatory authorities, we may
disregard voting instructions that:
•
would change a portfolio’s investment objective or
subclassification
•
would approve or disapprove an investment advisory contract.
65
We may disregard voting instructions on a change initiated by
Policy Owners that would change a portfolio’s investment
policy, investment adviser or portfolio manager if:
•
our disapproval is reasonable
•
we determine in good faith that the change would be against
state law or otherwise be inappropriate, considering the
portfolio’s objectives and purpose, and considering what
effect the change would have on us.
If we disregard any voting instructions, we will include a
summary of the action we took and our reasons for it in the next
report to Policy Owners.
Distribution
Arrangements
Pacific Select Distributors, Inc. (“PSD”), a
broker-dealer and our subsidiary, pays various forms of sales
compensation to broker-dealers (including other affiliates) that
solicit applications for the Policies. PSD also may reimburse
other expenses associated with the promotion and solicitation of
applications for the Policies.
We offer the Policies for sale through broker-dealers that have
entered into selling agreements with PSD. Broker-dealers sell
the Policies through their insurance professionals who have been
appointed by us to sell our products. PSD pays compensation to
broker-dealers for the promotion and sale of the Policies. The
individual insurance professional who sells you a Policy
typically will receive a portion of the compensation, under the
representative’s own arrangement with his or her
broker-dealer.
We may also provide compensation to broker-dealers for providing
ongoing service in relation to Policies that have already been
purchased.
Additional Compensation and Revenue Sharing. To the
extent permitted by SEC and FINRA rules and other applicable
laws and regulations, selling broker dealers may receive
additional payments in the form of cash, other special
compensation or reimbursement of expenses, sometimes called
“revenue sharing”. These additional compensation or
reimbursement arrangements may include, for example, payments in
connection with the firm’s “due diligence”
examination of the Policies, payments for providing conferences
or seminars, sales or training programs for invited insurance
professionals and other employees, payments for travel expenses,
including lodging, incurred by insurance professionals and other
employees for such seminars or training programs, seminars for
the public, advertising and sales campaigns regarding the
Policies, and payments to assist a firm in connection with its
administrative systems, operations and marketing expenses and/or
other events or activities sponsored by the firms. Subject to
applicable FINRA rules and other applicable laws and
regulations, PSD and its affiliates may contribute to, as well
as sponsor, various educational programs, sales contests and/or
promotions in which participating firms and their sales persons
may receive prizes such as merchandise, cash, or other awards.
Such additional compensation may give us greater access to
insurance professionals of the broker-dealers that receive such
compensation or may otherwise influence the way that a
broker-dealer and insurance professional market the Policies.
These arrangements may not be applicable to all firms, and the
terms of such arrangements may differ between firms. We provide
additional information on special compensation or reimbursement
arrangements involving selling firms and other financial
institutions in the Statement of Additional Information, which
is available upon request. Any such compensation, which may be
significant at times, will not result in any additional direct
charge to you by us.
The compensation and other benefits provided by PSD or its
affiliates, may be more or less than the overall compensation on
similar or other products. This may influence your insurance
professional or broker-dealer to present this Policy over other
investment options available in the marketplace. You may ask
your insurance professional about these differing and divergent
interests, how he/she is personally compensated and how his/her
broker-dealer is compensated for soliciting applications for the
Policy.
We may agree to reduce or waive some or all of the Policy
charges and/or credit additional amounts under our Policies, for
a Policy sold to an eligible person. An eligible person meets
criteria established by us, and may include current and retired
officers, directors and employees of us and our affiliates,
trustees of the Pacific Select Fund, trustees of Pacific Funds,
and immediate family members of such persons. We will credit
additional amounts to Policies owned by eligible persons if such
Policies are purchased directly through PSD. Under such
circumstances, eligible persons will not be afforded the benefit
of services of any other broker/dealer nor will commissions be
payable to any broker/dealer in connection with such purchases.
Eligible persons must contact us directly with servicing
questions, Policy changes and other matters relating to their
Policies. The amount credited to Policies owned by eligible
persons will equal the reduction in expenses we enjoy by not
incurring brokerage commissions in selling such Policies, with
the determination of the expense reduction and of such crediting
being made in accordance with our administrative procedures.
These credits will be added to an eligible persons Policy after
the Free Look Transfer Date has occurred, or, if premiums are
paid using the monthly Electronic Funds Transfer plan, on the
first Policy Anniversary.
Portfolio managers of the underlying portfolios available under
this Policy may help pay for conferences or meetings sponsored
by us or PSD relating to management of the portfolios and our
variable life insurance products.
66
Please refer to the SAI for additional information on
distribution arrangements and the conflicts of interest that
they may present.
Service
Arrangements
We have entered into administrative and/or service agreements
with certain Funds which pay us for administrative and other
services, including, but not limited to, certain communications
and support services. The fees are based on an annual percentage
of average daily net assets of certain Fund portfolios purchased
by us at Policy Owner’s instructions. Currently, the fees
received do not exceed an annual percentage of 0.40% and each
Fund may not pay the same annual percentage. Because we receive
such fees, we may be subject to competing interests in making
these Funds available as Investment Options under the Policies.
BlackRock Distributors, Inc., pays us for each BlackRock
Variable Series Funds, Inc. portfolio (Class III) held by
our separate accounts. Fidelity Distributors Corporation (FDC)
and Fidelity Investments Institutional Operations Company, Inc.
(FIIOC), pays us for each Fidelity VIP Funds portfolio (Service
Class 2) held by our separate accounts. Franklin Templeton
Variable Insurance Products Trust pays us for each Templeton
Global Bond Securities Fund (Class 2) held by our separate
accounts. GE Investments Funds, Inc. pays us for each GE
Investments Total Return Fund portfolio (Class 3) held by our
separate accounts. Janus Capital Management LLC, pays us for
each Janus Aspen Series portfolio (Service Class) held by our
separate accounts. Lazard Asset Management Securities LLC, pays
us for each Lazard Retirement Series, Inc. portfolio held by our
separate accounts. Legg Mason Investor Services, LLC, pays us
for each Legg Mason Partners Variable Equity Trust portfolio
(Class II) held by our separate accounts. Lord Abbett
Series Fund, Inc. pays us for each Fundamental Equity Portfolio
(Class VC) held by our separate accounts. Massachusetts
Financial Services Company, pays us for each MFS Variable
Insurance Trust portfolio (Service Class) held by our separate
accounts. Pacific Investment Management Company, LLC pays us for
each PIMCO Variable Insurance Trust portfolio (Advisor Class)
held by our separate accounts. Royce Capital Fund pays us for
each Royce Micro-Cap Portfolio (Service Class) held by our
separate accounts. T. Rowe Price Associates, Inc., pays us
for each T. Rowe Price Equity Series Inc., portfolio
(Class II) held by our separate accounts. Van Eck
Securities Corporation, pays us for each Van Eck VIP Trust
portfolio held by our separate accounts.
PSD shall pay American Funds Distributors, Inc. at a rate of
0.16% of premiums up to $1.5 billion, 0.14% of premiums on next
$1.5 billion and 0.10% of premiums made in excess, attributable
to the Master Funds for certain marketing assistance.
Illustrations
We will provide you with Illustrations based on different sets
of assumptions upon your request.
•
Illustrations based on information you give us about the Age of
the person to be insured by the Policy, their Risk Class, the
Face Amount of all Coverage Layers, the Death Benefit and
premium payments.
•
Illustrations that show the allocation of premium payments to
specified Variable Accounts. These will reflect the expenses of
the portfolio of the Fund in which the Variable Account invests.
•
Illustrations that use a hypothetical gross rate of return up to
12% are available. Illustrations that use a hypothetical gross
rate of return greater than 12% are available only to certain
large institutional investors.
You can request such Illustrations at any time. Such
Illustrations reflect assumptions about the Policy’s
non-guaranteed elements and about how you will use the
Policy’s options. Over time the Policy’s actual
non-guaranteed elements, and your actual use of the
Policy’s options, are likely to vary from the assumptions
used in such Illustrations. For these reasons, actual Policy
values will likely be more or less favorable than shown in such
Illustrations. You can get one Policy Illustration free of
charge per Policy Year. We reserve the right to charge $25 for
each additional Illustration.
Lost
Policy
If you lose your Policy, you may request a Certificate of
Coverage free of charge. If you require a duplicate Policy, we
may charge a fee of $50 per duplicate. To request a Certificate
of Coverage or a duplicate Policy, please contact us for a
Certificate of Insurance/Duplicate Policy Request Form.
Audits of
Premiums/loans
You may request us to run a report of premium payments you have
made or loan transactions under your Policy. If you request us
to provide information for a period of more than 2 years
from date of request, we may charge you an administrative fee of
$25 for this service.
Risk Class
Change
If you have a change in Risk Class, such as a change in smoking
status or health, you can request us to review your Risk Class.
Changing your Risk Class may change the rates used for cost of
insurance, coverage charge amount and surrender charge charges,
67
and may also change the rates on any Riders on your Policy which
base charges on Risk Class. We may charge you a fee of up to
$100 at the time you request us to change your Risk Class.
State
Regulation
On September 1, 2005, Pacific Life redomesticated to
Nebraska. We are subject to the laws of the state of Nebraska
governing insurance companies and to regulations issued by the
Commissioner of Insurance of Nebraska. In addition, we are
subject to the insurance laws and regulations of the other
states and jurisdictions in which we are licensed or may become
licensed to operate.
An annual statement in a prescribed form must be filed with the
Commissioner of Insurance of Nebraska and with regulatory
authorities of other states on or before
March 1st
in each year. This statement covers our operations for the
preceding year and our financial condition as of
December 31st
of that year. Our affairs are subject to review and examination
at any time by the Commissioner of Insurance or his agents, and
subject to full examination of our operations at periodic
intervals.
Legal Proceedings
and Legal Matters
Pacific Life, the Separate Account, and PSD are not involved in
any legal proceedings that would have a material effect on
Policy Owners.
Legal matters concerning the issue and sale of the life
insurance policies described in this prospectus, our
organization and authority to issue the Policies, and matters
relating to federal securities laws and federal income tax laws
have been passed upon by our counsel.
Rule 12h-7
Representation
In reliance on the exemption provided by Rule 12h-7 of the
Securities Exchange Act of 1934 (“34 Act”), we do not
intend to file periodic reports as required under the ’34
Act.
Financial
Statements
The statements of assets and liabilities of each of the Variable
Accounts of Pacific Select Exec Separate Account as of
December 31, 2010, the related statements of operations for
the periods presented, the statements of changes in net assets
for each of the periods presented, and the financial highlights
for each of the periods presented are contained in the SAI.
The consolidated statements of financial condition of Pacific
Life Insurance Company as of December 31, 2010 and 2009 and
the related consolidated statements of operations,
stockholder’s equity and cash flows for each of the three
years in the period ended December 31, 2010 are contained
in the SAI.
For policies issued in the District of Columbia, you may return
this policy within 10 days of policy delivery, or
45 days from the date you signed the application, whichever
is later.
For policies issued in Indiana, policies returned within the
free look period can be delivered or mailed to us, to the
insurance professional who delivered it to you, or any insurance
professional of the Insurer. We will then cancel this Policy as
of the Policy Date and refund any premium paid.
For policies issued in Florida, you may return this policy
within 14 days of policy delivery.
OPTIONAL
RIDERS
In Georgia, Illinois, and Pennsylvania, the SVER Term Insurance
Rider is called the “Term Insurance Rider” and the
SVER Term Insurance Rider – Trust/Executive Benefit is
called the “Term Insurance Rider with Termination Credit
Feature”.
HOW MUCH YOU
CAN BORROW
Loan Amount
Available
For policies issued in Arizona and Maine, your loan amount
available equals the Net Cash Surrender Value.
REINSTATING
A LAPSED POLICY
Reinstatement
Policies issued in Oregon that have not been surrendered may be
reinstated within three years after the end of the grace period.
PAYING THE
DEATH BENEFIT IN THE CASE OF SUICIDE
Suicide
Exclusion
For policies issued in Alabama, Arizona, Arkansas, Georgia,
Iowa, Louisiana, Nebraska, and Tennessee, all references to
reinstatement have been removed.
For policies issued in Colorado, Missouri, and North Dakota, the
suicide exclusion period is one year.
WITHDRAWAL
FEES
Withdrawal
For policies issued in Georgia, no fee may be charged for a
withdrawal.
The M’s Versatile Product IX variable life
insurance policy is underwritten by Pacific Life Insurance
Company.
You will find more information about the Policy and Pacific Select Exec Separate Account in the SAI dated May 1, 2011. The SAI has been filed with the SEC and is considered to be part of this prospectus because it is incorporated by reference.
You can get a copy of the SAI without charge by calling or writing to us, or you can view it online at our website. You can also contact the SEC to get the SAI, material incorporated into this prospectus by reference, and other information about registrants that file electronically with the SEC. The SEC may charge you a fee for this information.
You may obtain the current prospectus and SAI for any of the portfolios underlying the Variable Accounts by calling (800) 347-7787.
If you ask us, we will
provide you with Illustrations of Policy benefits based on different sets of assumptions. Illustrations may help you understand how your Policy’s Death Benefit, Cash Surrender Value and Accumulated Value would vary over time based on different assumptions. You can get one Policy Illustration free of charge per Policy Year by calling or writing to us. We reserve the right to charge $25 for additional Illustrations.
How to Contact Us
Pacific Life Insurance Company P.O. Box 2030 Omaha, NE68103
We accept faxes or emails for variable transaction requests (transfers, allocation changes, rebalancing and loans) at: (866) 398-0467 VULTransactions@pacificlife.com
PREMIUM
PAYMENTS Unless you receive premium notices via listbill, send premiums (other than initial premium) to: Pacific Life Insurance Company P.O. Box 100957 Pasadena, California91189-0957
How to Contact the SEC
You can also find reports and other information about the Policy and Separate Account from the SEC. The SEC may charge you a fee for this information.
Commission’s Public Reference Section 100 F Street, NE Washington, D.C. 20549 (202) 551-8090 Website: www.sec.gov e-mail: publicinfo@sec.gov
FINRA Public Disclosure Program
FINRA provides investor protection education through its website
and printed materials. The FINRA regulation website address is
www.finra.org. An investor brochure that includes information
describing the BrokerCheck program may be obtained from FINRA.
The FINRA BrokerCheck hotline number is
(800) 289-9999.
FINRA does not charge a fee for the BrokerCheck program
services.
M’s Versatile Product IX is a variable life insurance
policy offered by Pacific Life Insurance Company.
This Statement of Additional Information (SAI) is not a
prospectus and should be read in conjunction with the
Policy’s prospectus, dated May 1, 2011, which is
available without charge upon written or telephone request to
Pacific Life. Terms used in this SAI have the same meanings as
in the prospectus, and some additional terms are defined
particularly for this SAI. This SAI is incorporated by reference
into the Policy’s prospectus.
We offer optional Riders that provide extra benefits. Ask your
insurance professional for additional information about the
Riders available with the Policy. Samples of the provisions for
the extra optional benefits are available from us upon Written
Request.
Gives the Policy Owner access to a portion of the Policy’s
Death Benefit if the Insured has been diagnosed with a terminal
illness resulting in a life expectancy of six months or less (or
longer than six months in some states). We refer to this amount
as the accelerated benefit. If you have Policy Debt, we
will reduce the accelerated benefit proceeds payable to repay a
portion of the loan. We may also deduct an administrative fee of
$150 from your accelerated benefit.
You may choose to receive the accelerated benefit either in a
lump sum or any other payment plan available at the time of
payment. We will pay the benefit only once per Insured.
Payment of the accelerated benefit will reduce the Death Benefit
under your Policy and any Riders used in calculating the
available accelerated benefit. It will also reduce any Policy
Debt.
Benefits received under this Rider may be taxable, and may
impact your eligibility for Medicaid or other government
benefits. Please consult your tax adviser if you want to
exercise your rights under this Rider.
You may purchase this Rider at Policy issue or any time while
the Policy is In Force. The Rider will terminate on the earliest
of your Written Request, on lapse or termination of the Policy,
or when an accelerated benefit is paid under this Rider.
Provides additional insurance coverage when we receive proof
that the Insured’s death results directly and independently
of all other causes from bodily injuries accidentally sustained,
subject to the Rider’s provisions. Death must occur within
120 days of injuries and while the Rider was in effect. You
may purchase the Rider at Policy issue for an Insured between
Age 5 through 65, subject to satisfactory evidence of
insurability. The monthly charge will be shown in your Policy
Specifications.
The Rider terminates on the earliest of your Written Request, on
lapse or termination of the Policy, or when the Insured reaches
Age 70.
Provides annual renewable term insurance on any member of the
Insured’s immediate family who is Age 90 or younger at
the time the Rider is issued. We refer to each person insured
under the Rider as a covered person. You have the
flexibility to delete a covered person from the Rider, or, with
satisfactory evidence of insurability, you may add a covered
person. We may deduct an administrative charge not to exceed
$100 from your Policy’s Accumulated Value on the effective
date of any such addition of a covered person.
At any time while the Rider is in effect and before any covered
person reaches Age 65, you may convert the Rider to a whole
life or any higher premium plan we regularly issue at the time
of the conversion. The Rider may also be converted during the
first two years it is in effect, regardless of the covered
person’s Age, or upon the death of the Insured under the
Policy. If you convert the Rider, a new Policy will be issued on
the covered person and coverage under the Rider will terminate.
The guaranteed monthly cost of insurance rates for each covered
person will be shown in your Policy Specifications. Our current
cost of insurance rates for the Rider are lower than the
guaranteed rates.
The Rider will terminate on the earliest of your Written
Request, on lapse or termination of the Policy, or when the last
covered person reaches Age 121.
Provides term insurance until Age 25 on any child of the
Insured, including a natural child, step-child or adopted child.
To be eligible for coverage, the Insured must be Age 55 or
younger, and the child must be Age 21 or younger at Policy
issue and named in the application for this Rider or born or
adopted thereafter. Newborn children are covered from
14 days of age. The term insurance under the Rider may be
converted for a new policy on each child on the earlier of the
child’s
25th birthday
or the date the Insured becomes Age 65, as long as the
child is still living. If the Insured dies before the conversion
date, the term insurance on each child will become paid-up and a
separate policy for the paid-up insurance will be issued with
the child as owner. For each child, if you convert the Rider, or
if paid-up insurance is issued, coverage for that child under
the Rider will terminate. The monthly charge will be shown in
your Policy Specifications.
Provides a monthly addition to the Policy’s Accumulated
Value when the Insured has a qualifying disability as stated in
the Rider provisions, until he or she reaches Age 65. You
may purchase the Rider only at Policy issue. The monthly charge
for the Rider appears in your Policy Specifications.
This Rider is not available if you select a Waiver of Charges
Rider.
The Rider will terminate on the earliest of your Written
Request, on termination of this Policy, or when the Insured
becomes Age 60.
Gives the right to buy additional insurance on the life of the
Insured on specified dates without proof of insurability. The
Rider is available for an Insured who is not in a substandard
Risk Class and is Age 37 or younger when the Policy is
issued. Subject to certain conditions, you may have some
flexibility to change the option dates.
Charges and option dates for this Rider appear in your Policy
Specifications. To add the additional insurance, we must receive
your Written Request within 31 days of the option date for
that additional coverage. The increase in Face Amount will take
effect on the option date if the Insured is then living. Any
option not exercised on its option date will expire.
The Rider will terminate on the earliest of your Written
Request, on lapse or termination of the Policy, or 31 days
after the last option date.
Waives any monthly cost of insurance charges, administrative
charges and coverage charges for the Policy, and any monthly
cost of any Rider benefits which fall due while the Insured is
totally disabled, under the provisions of the Rider. We will not
waive any charges that are due more than one year before we
receive proof of total disability, or which fall due before the
Insured’s Age 5. The monthly charge for the Rider
appears in your Policy Specifications.
The Rider is available for Insureds Age 55 or younger who
are not in a substandard Risk Class. You may purchase the Rider
at Policy issue or any time while the Policy is In Force. If you
request to purchase the Rider after your Policy is issued, we
may charge you an underwriting service fee of $100 at the time
of your request. If regular evidence of insurability for new
life insurance is being submitted, no additional evidence of
insurability for a Waiver of Charges Rider is usually needed. If
you apply for an increase in Face Amount under an insurability
option or conversion option, and if the Waiver of Charges Rider
was included in the original coverage, the evidence needed to
include the Waiver of Charges Rider on the new insurance is a
statement that the Insured is not totally disabled. Except as
stated above, satisfactory evidence of insurability is required.
This Rider is not available if you select a Disability Benefit
Rider.
The Rider will terminate (without affecting any claim for
disability occurring before such termination) on the earliest of
your Written Request, on lapse or termination of this Policy, or
when the Insured reaches Age 60.
Federal tax law puts limits on the amount of premium payments
you can make in relation to your Policy’s Death Benefit.
These limits apply in the following situations.
If you have chosen the Guideline Premium Test as your Death
Benefit Qualification Test, the total amount you can pay in
premiums and still have your Policy qualify as life insurance is
your Policy’s Guideline Premium Limit. The sum of the
premiums paid, less any withdrawals, at any time cannot exceed
the Guideline Premium Limit, which is the greater of:
•
the guideline single premium or
•
the sum of the guideline level annual premiums.
We may refuse to accept all or part of a premium payment if, by
accepting it, you will exceed your Policy’s Guideline
Premium Limit. If we find that you have exceeded your Guideline
Premium Limit, we may remove all or part of a premium you have
paid from your Policy as of the day we applied it, and return it
to you. We will adjust the Death Benefit retroactively to that
date to reflect the reduction in premium payments.
Your Policy’s guideline single premium and guideline level
annual premiums appear on your Policy Specifications. Before you
buy a Policy, you can ask us or your insurance professional for
a personalized Illustration that will show you the guideline
single premium and guideline level annual premiums.
A life insurance policy will become a Modified Endowment
Contract if the sum of premium payments made during the first
seven contract years, less a portion of withdrawals, exceeds the
seven-pay limit defined in Section 7702A of the Internal
Revenue Code. You will find a detailed discussion of Modified
Endowment Contracts in Variable Life Insurance and Your Taxes
in the prospectus.
Unless you have told us in writing that you want your Policy to
become a Modified Endowment Contract, we will remove all or part
of the premium payment from your Policy as of the day we applied
it and return it to you. We will also adjust the Death Benefit
retroactively to that date to reflect the reduction in premium
payments. If we receive such a premium within 20 days
before your Policy Anniversary, we will hold it and apply it to
your Policy on the Policy Anniversary.
In both of these situations, if we remove an excess premium from
your Policy, we will return the premium amount to you no later
than 60 days after the end of the Policy Year. We may
adjust the amount for interest or for changes in Accumulated
Value that relate to the amount of the excess premium we are
returning to you.
If we do not return the premium amount to you within that time,
we will increase your Policy’s Death Benefit retroactively,
to the day we applied the premium, and prospectively so that it
is always the amount necessary to ensure your Policy qualifies
as life insurance, or to prevent it from becoming a Modified
Endowment Contract. If we increase your Death Benefit, we will
adjust cost of insurance or Rider charges retroactively and
prospectively to reflect the increase.
An increase in the Net Amount At Risk occurs if the
Policy’s Death Benefit is equal to the Minimum Death
Benefit, or would be equal to it once we apply your premium
payment. We may choose to accept your premium payment in this
situation, but before we do so, we may require satisfactory
evidence of the insurability of the Insured.
Our dollar cost averaging service allows you to make scheduled
transfers of $50 or more between Variable Investment Options
without paying a transfer fee. Here’s how the service works:
•
You can set up this service at any time while your Policy is In
Force.
•
You need to complete a request form to enroll in the service.
You may enroll by telephone or electronically if we have your
completed telephone and electronic authorization on file.
•
You must have at least $5,000 in a Variable Investment Option to
start the service.
•
We will automatically transfer Accumulated Value from one
Variable Investment Option to one or more of the other Variable
Investment Options you have selected.
•
We will process transfers as of the end of the Business Day on
your Policy’s monthly, quarterly, semi-annual or annual
anniversary, depending on the interval you have chosen. We will
not make the first transfer until after the Free Look Transfer
Date in states that require us to return your premiums if you
exercise your Free Look Right.
•
We will not charge you for the dollar cost averaging service or
for transfers made under this service, even if we decide to
charge you in the future for transfers outside of the service,
except if we have to by law.
•
We have the right to discontinue, modify or suspend the service
at any time.
•
We will keep making transfers at the intervals you have chosen
until one of the following happens:
• the total amount you have asked us to transfer has
been transferred
• there is no more Accumulated Value in the Investment
Option you are transferring from
• your Policy enters the grace period and is in danger
of lapsing
• we receive your Written Request to cancel the service
The portfolio rebalancing service automatically transfers your
Policy’s Accumulated Value among the Variable Investment
Options according to your original percentage allocations.
Here’s how the service works:
•
You can set up this service at any time while your Policy is In
Force.
•
You enroll in the service by sending us a Written Request or a
completed Automatic Rebalancing Form. You may enroll by
telephone or electronically if we have your completed telephone
and electronic authorization on file.
•
Unless you choose a different start date, your first rebalancing
will take place at the end of the Business Day we receive your
request. Subsequent rebalancing will take place at the end of
the Business Day on your Policy’s quarterly, semi-annual or
annual anniversary, depending on the interval you chose.
•
We will not make the first transfer until after the Free Look
Transfer Date, if your Policy was issued in a state that
requires us to return your premiums if you exercise your Free
Look Right.
•
If you cancel this service, you must wait 30 days to begin
it again.
•
We do not charge for the portfolio rebalancing service, and we
do not currently charge for transfers made under this service.
•
We can discontinue, suspend or change the service at any time.
Our first year transfer service allows you to make monthly
transfers from the Fixed Account to the Variable Investment
Options or the Fixed LT Account during the first 12 Policy
months from the date your initial premium is applied to your
Policy. Here’s how the service works:
•
You enroll in the service when you apply for your Policy and
include specific details on your application.
•
You choose a regular amount to be transferred every month for
12 months.
•
Transfers under the first year transfer service take place on
your Policy’s Monthly Payment Date, starting on the first
Monthly Payment Date following the Free Look Transfer Date.
•
If you sign up for this service, we will waive the usual
transfer limit for the Fixed Account during the first
12 Policy months from the date your initial premium is
applied to your Policy.
4
•
If we make the last transfer during the second Policy Year, we
will not count it toward the usual one transfer per year limit
for the Fixed Account.
•
If the Accumulated Value in the Fixed Account is less than the
amount to be transferred, we will transfer the balance and then
cancel the service.
•
If there is Accumulated Value remaining in the Fixed Account at
the end of the service, the transfer limitations for the Fixed
Account will apply.
•
We do not charge for the first year transfer service, and we do
not currently charge for transfers made under this service.
Our automated income option (“AIO”) program allows you
to make scheduled withdrawals or loans. Here’s how the
program works:
•
You can set up the income stream from your Policy on either a
monthly or annual basis. Each scheduled income payment must be
at least $500 if you choose to receive monthly payments, or
$1,000 if you choose annual payments.
•
You may choose to receive either a fixed amount of income or an
amount based on a fixed duration. Depending upon your
objectives, you may wish to reduce your Face Amount or change
your Policy’s Death Benefit Option in order to maximize
your income.
•
You choose the scheduled income payment date. You may elect to
have your income payments sent either by check or by electronic
deposit to a bank account. The effective date of the withdrawal
or loan will be the Business Day before any income payment date.
•
If the scheduled income payment date falls on a weekend or
holiday, the actual income payment date will be the Business Day
before the scheduled income payment date.
•
The withdrawal or loan will be taken from your Policy’s
Investment Options in proportion to the Accumulated Value in
each Investment Option.
Upon our receipt of your AIO request form, we will run a
hypothetical Illustration to determine if your request can be
fulfilled, or if any adjustments will be necessary. We use the
Illustration to test your Policy for the minimum Net Cash
Surrender Value requirement. Your Policy must continue to have
an illustrated Net Cash Surrender Value at the maturity date
sufficient to meet the minimum Accumulated Value required to
allow for payment of Policy charges, including Policy loan
interest.
Illustrations generally will be run at an annual gross earnings
rate chosen by you, not to exceed 10%. No earnings rate used is
a guarantee or indication of actual earnings.
We will complete an AIO agreement form, and send it and the
Illustration to your insurance professional for delivery to you.
The AIO agreement form will confirm your income payment amount,
frequency and duration, and will also confirm your Policy’s
cost basis and other information about your elections under the
AIO program.
Unless you request otherwise, distributions under the AIO
program will be taken first as withdrawals if not taxable, then
they will be taken as loans.
Payments under the AIO program will begin as scheduled once we
receive your signed AIO agreement form. We will send you a
letter confirming the date and amount of the first income
payment.
The income payments will usually remain constant during each
income period, unless there is insufficient Net Cash
Surrender Value to make a payment. The duration of each income
period is one year, except that the first income period may
differ depending on the following:
•
If the AIO program start date is six months or more from your
next Policy Anniversary, the income period will end on the next
Policy Anniversary. In this case, the first income period will
last at least six months, but not more than one year.
5
•
If the AIO program start date is less than six months from your
next Policy Anniversary, the income period will extend to the
following Policy Anniversary. In this case, the first income
period will last at least one year, but no more than
18 months.
After the first income period, and each year you remain in the
AIO program, we will run an Illustration after each Policy
Anniversary. The Illustration will generally be run at a rate
chosen by you, not to exceed a gross annual rate of 10%. Your
Policy must continue to have an illustrated Net Cash Surrender
Value at the maturity date sufficient to meet the minimum
Accumulated Value required to allow for payment of Policy
charges, including Policy loan interest. There is no charge for
Illustrations we run in connection with the AIO program. They do
not count toward your one free Illustration per year.
We will send you a letter and the Illustration to notify you of
any changes in your income payment amount or duration. The new
income payment amount will be effective on the income payment
date following the previous income period.
Over time, your Policy’s actual performance, and perhaps
your use of the Policy’s options are likely to vary from
the assumptions used in the Illustrations. Changes in your
Policy’s Investment Option allocations can impact your
future values and income you receive. Your Policy may also be
susceptible to lapse.
You are responsible to monitor your Policy’s Accumulated
Value to ensure your Policy is not in danger of lapsing. You may
need to make additional premium payments or loan repayments to
prevent your Policy from lapsing. You will not receive a notice
to remind you of your scheduled premium payments while you are
in the AIO program.
We normally use the medical or paramedical method to assign
underwriting or insurance Risk Classes, which may require a
medical examination. We offer two additional forms of
underwriting for executive and employee groups that meet
specified multi-life guidelines.
Guaranteed issue may be available where an employer-employee
relationship exists and where at least 10 lives will be
insured. To be eligible, prospective Insureds must be employed
in an occupation or industry we consider an acceptable risk,
must be full time employees or executives, and must be actively
at work on a continuous basis during the
3-month
period preceding application for insurance. Maximum Age for an
Insured at Policy issue is usually 65, but may be increased
to Age 70 if representing less than 5% of the group of
Insureds. Cost of insurance rates distinguish between executive
only groups and all-employee groups, instead of on individual
underwriting information.
Simplified issue may be offered where the group does not qualify
for guaranteed issue. Simplified issue is a process of limited
underwriting using a short form application that includes health
and avocation questions to be completed by each prospective
Insured. We may request additional information, including an
attending physician’s statement, but will not require a
physical examination. Simplified issue is available to
executives only, under similar criteria as guaranteed issue,
except for lower participation levels and generally higher death
benefits permitted per life. Cost of insurance rates are based
on both individual underwriting information and executive class
experience.
The current cost of insurance rates are generally higher for
Policies issued under the guaranteed issue or simplified issue
underwriting methods than for Policies issued under the fully
underwritten medical or paramedical underwriting method.
Guaranteed cost of insurance charges are not affected.
The guaranteed rates include the insurance risks associated with
insuring one person. They are calculated using 2001
Commissioners Standard Ordinary Mortality Tables (gender blended
tables are used for unisex cost of insurance rates). The rates
are also based on the Age and gender of the Insured unless
unisex rates are required.
6
If we determine from the application for insurance, or any later
evidence of insurability, that the Insured presents a risk not
accounted for by our standard Risk Classes, typically due to
medical history, profession or hobby, we may still issue a
Coverage Layer with higher or additional charges, referred to as
a nonstandard rating. Most insurance companies have a
similar process. The Policy charges may be multiplied by a
nonstandard table factor. In certain cases, there may be an
additional flat-rate charge for a period specified at the time
the Coverage Layer is issued. If we determine that a nonstandard
rating applies to your Coverage Layer, you will be notified of
the applicable charges, inclusive of any additional rate or
charge, at the time the Coverage Layer is issued.
Net Premiums you pay are allocated to the Accumulated Value in
your base Policy and any charges, withdrawals and distributions
are subtracted from that Accumulated Value.
If you increase the Face Amount of your base Policy, add an
Annual Renewable Term Rider and/or Surrender Value Enhancement
Rider – Individual, and/or SVER Term Insurance Rider,
and/or increase the Face Amount of such a Rider, we do not
change the above allocations. Instead, to determine the cost of
insurance charge on each Coverage Layer, as described in the
prospectus under Your Policy’s Accumulated Value, we
discount the total Death Benefit for all Coverage Layers that
would have been payable at the beginning of the Policy month and
subtract the Accumulated Value in the base Policy at the
beginning of the month before the monthly charge is due to
determine the total Net Amount At Risk for all Coverage Layers.
We then prorate the Net Amount At Risk for each Coverage Layer
in the same proportion that the Face Amount of each Coverage
Layer bears to the Total Face Amount for all Coverage Layers.
The Net Amount At Risk for each Coverage Layer is multiplied by
the current COI rate for that Coverage Layer.
If you elect Death Benefit Option C, your Death Benefit on
the base Policy is your base Policy’s Face Amount plus any
premium payments you make and less any withdrawals and
distributions, subject to a maximum Death Benefit disclosed in
your Policy Specifications. If you elect Death Benefit
Option C and your Policy’s Death Benefit equals the
maximum Death Benefit as shown in your Policy Specifications,
the Death Benefit provided by each Coverage Layer will be
reduced proportionately for purposes of calculating the Net
Amount At Risk. Unless you tell us which Coverage Layer(s) to
reduce.
This discussion about taxes is based on our understanding of the
present federal income tax laws as they are currently
interpreted by the Internal Revenue Service (IRS). It is based
on the Internal Revenue Code (the Tax Code) and does not cover
any state or local tax laws. This is not a complete discussion
of all federal income tax questions that may arise under the
Policy. There are special rules that we do not include here that
may apply in certain situations.
We do not make any guarantees about the tax status of your
Policy, and you should not consider the discussion that follows
to be tax advice. Speak to a qualified tax adviser for complete
information about federal, state and local taxes that may apply
to you.
We do not know whether the current treatment of life insurance
policies under current federal income tax or estate or gift tax
laws will continue. We also do not know whether the current
interpretations of the laws by the IRS or the courts will remain
the same. Future legislation may adversely change the tax
treatment of life insurance policies, other tax consequences
described in this discussion and in the Policy prospectus
section Variable Life Insurance and Your Taxes or tax
consequences that relate directly or indirectly to life
insurance policies.
The Tax Code and tax regulations impose limitations on
unreasonable mortality and expense charges for purposes of
determining whether a policy qualifies as life insurance for
federal tax purposes. For life insurance policies entered into
on or after October 21, 1988, these calculations must be
based upon reasonable mortality charges and other charges
reasonably expected to be actually paid.
7
The Treasury Department has issued proposed regulations about
reasonable standards for mortality charges. While we believe
that our mortality costs and other expenses used in calculating
whether the Policy qualifies as life insurance are reasonable
under current laws, we cannot be sure that the IRS agrees with
us. We can change our mortality charges if we believe the
changes are needed to ensure that your Policy qualifies as a
life insurance Policy.
For a variable life insurance policy to qualify for tax
deferral, assets in the separate accounts supporting the Policy
must be considered to be owned by the insurance company and not
by the policy owner. Under current U.S. tax law, if a policy
owner has excessive control over the investments made by a
separate account, or the underlying fund, the policy owner will
be taxed currently on income and gains from the account or fund.
In other words, in such a case of “investor control”
the policy owner would not derive the tax benefits normally
associated with variable life insurance.
The application of the investor control doctrine is subject to
some uncertainty. Generally, according to the IRS, there are two
ways that impermissible investor control may exist. The first
relates to the design of the Policy or the relationship between
the Policy and a separate account or underlying fund. For
example, at various times, the IRS has focused on, among other
factors, the number and type of investment choices available
pursuant to a given Policy, whether the Policy offers access to
funds that are available to the general public, the number of
transfers that a policy owner may make from one investment
option to another, and the degree to which a policy owner may
select or control particular investments.
With respect to this first aspect of investor control, we
believe that the design of our Policies and the relationship
between our Policies and the portfolios satisfy the current view
of the IRS on this subject, such that the investor control
doctrine should not apply. However, because of some uncertainty
with respect to this subject and because the IRS may issue
further guidance on this subject, we reserve the right to make
such changes as we deem necessary or appropriate to reduce the
risk that your Policy might not qualify as a life insurance
policy for tax purposes.
The second way that impermissible investor control might exist
concerns your actions. Under the IRS pronouncements, you may not
select or control particular investments, other than choosing
among broad investment choices such as selecting a particular
portfolio. You may not select or direct the purchase or sale of
a particular investment of a portfolio. All investment decisions
concerning the portfolios must be made by the portfolio manager
for such portfolio in his or her sole and absolute discretion,
and not by the policy owner.
Furthermore, under the IRS pronouncements, you may not
communicate directly or indirectly with such a portfolio manager
or any related investment officers concerning the selection,
quality, or rate of return of any specific investment or group
of investments held by a portfolio.
Finally, the IRS may issue additional guidance on the investor
control doctrine, which might further restrict your actions or
features of the Policy. Such guidance could be applied
retroactively. If any of the rules outlined above are not
complied with, the IRS may seek to tax you currently on income
and gains from a portfolio such that you would not derive the
tax benefits normally associated with variable life insurance.
Although highly unlikely, such an event may have an adverse
impact on the Fund and other Policies. We urge you to consult
your own tax adviser with respect to the application of the
investor control doctrine.
With respect to taxable investments, current tax law generally
provides for a maximum tax rate for individual taxpayers of 15%
on long-term capital gains and on certain “qualifying
dividends” on corporate stock. These rate reductions do not
apply to corporate taxpayers. A taxpayer will also have to
satisfy a more than 60-day holding period with respect to any
distributions of qualifying dividends in order to obtain the
benefit of the lower tax rate. Earnings from non-qualifying
dividends, interest income, other types of ordinary income and
short-term capital gains will be taxed at the ordinary income
tax rate applicable to the taxpayer.
8
These rules mean that for policyholders who are individuals the
tax-related advantage of life insurance compared to certain
taxable investments is reduced because the tax burden applicable
to long-term capital gains and from certain “qualifying
dividends” on corporate stock has been reduced.
Pacific Life was established on January 2, 1868 under the
name, Pacific Mutual Life Insurance Company of California. It
was reincorporated as Pacific Mutual Life Insurance Company on
July 22, 1936. On September 1, 1997, Pacific Life
converted from a mutual life insurance company to a stock life
insurance company. Pacific Life redomesticated to Nebraska on
September 1, 2005. Pacific Life is a subsidiary of Pacific
LifeCorp, a holding company, which in turn is a subsidiary of
Pacific Mutual Holding Company, a mutual holding company.
Under their charters, Pacific Mutual Holding Company must always
hold at least 51% of the outstanding voting stock of Pacific
LifeCorp. Pacific LifeCorp must always own 100% of the voting
stock of Pacific Life. Owners of Pacific Life’s annuity
contracts and life insurance policies have certain membership
interests in Pacific Mutual Holding Company. They have the right
to vote on the election of the Board of Directors of the mutual
holding company and on other matters. They also have certain
rights if the mutual holding company is liquidated or dissolved.
Pacific Select Distributors, Inc. (PSD), our subsidiary, acts as
the distributor of the Policies. PSD is located at 700 Newport
Center Drive, Newport Beach, California92660. PSD is registered
as a broker-dealer with the SEC and is a member of FINRA. We pay
PSD for acting as distributor under a distribution agreement. We
and PSD enter into selling agreements with broker-dealers whose
registered representatives are authorized by state insurance
departments to sell the Policies. Because this Policy was not
offered before 2011, PSD was not paid any underwriting
commissions with regard to this Policy.
PSD or an affiliate pays various sales compensation to
broker-dealers that solicit applications for the Policies. PSD
or an affiliate also may provide reimbursement for other
expenses associated with the promotion and solicitation of
applications for the Policies. Commissions are based on
“target” premiums we determine. The commissions we pay
vary with the agreement, but the most common schedule of
commissions we pay is:
•
100% of premiums paid up to the first target premium
•
18% of premiums paid up to the second target premium.
•
7% of premiums paid under targets 3-10
•
3% of premiums paid in excess of the 10th target premium
A target premium is a hypothetical premium that is used only to
calculate commissions. It varies with the Death Benefit Option
you choose, the Age of the Insureds on the Policy Date, and the
gender (unless unisex rates are required) and Risk Class of the
Insureds. A Policy’s target premium will usually be less
than, but generally does not exceed 105% of the seven-pay
premium. Before you buy a Policy, you can ask us or your
insurance professional for a personalized Illustration that
shows you the seven-pay premium.
Your insurance professional typically receives a portion of the
compensation that is payable to his or her broker-dealer in
connection with the Policy, depending on the agreement between
your insurance professional and his or her firm. Pacific Life is
not involved in determining that compensation arrangement, which
may present its own incentives or conflicts. You may ask your
insurance professional how he/she will personally be compensated
for the transaction.
PSD or an affiliate may pay broker-dealers an annual renewal
commission of up to 0.20% of a Policy’s Accumulated Value
less any Policy Debt. We calculate the renewal amount monthly
and it becomes payable on each Policy Anniversary.
9
In addition to the commissions described above, we and/or an
affiliate may pay additional cash compensation from their own
resources in connection with the promotion and solicitation of
applications for the Policies by some, but not all,
broker-dealers. The additional cash compensation based on
premium payments generally does not exceed 10% of first target
premium and 1% of premiums paid thereafter. Such additional
compensation may give Pacific Life greater access to insurance
professionals of the broker-dealers that receive such
compensation. While this greater access provides the opportunity
for training and other educational programs so that your
insurance professional may serve you better, this additional
compensation also may afford Pacific Life a
“preferred” status at the recipient broker-dealer and
provide some other marketing benefit such as website placement,
access to insurance professional lists, extra marketing
assistance, or other heightened visibility and access to the
broker-dealer’s sales force that otherwise influences the
way that the broker-dealer and the insurance professional market
the Policies.
As of December 31, [ ], the following firms have
arrangements in effect with PSD pursuant to which the firms
entitled to receive a revenue sharing payment: American
International Group, AIM Systems Inc, Advantage Capital
Corporation, American General Securities Inc., Axa Advisors LLC,
Associated Securities, Benefit Funding Services, Commonwealth
Financial Network, First Heartland Securities, First Financial
Planners Securities, Financial Network Investment Corp.,
Financial Service Corp., Linsco Private Ledger ,
M Financial Holdings Inc., Multi Financial, Mutual Service
Corp., Mutual Service Corp. of Texas, National Financial
Partners & National Financial Partners Insurance
Services Inc., National Planning Corp., Ogilvie Securities,
Raymond James & Assoc., Raymond James Financial
Services, Inc., Royal Alliance, Securities America, Sunamerica
Securities, Suntrust Investment Services, United Planners, USA
Advanced Planners, Walnut Street Securities, Waterstone
Financial Group, Inc., World Group Securities and Workman
Securities Corp.
We or our affiliates may also pay other override payments,
expense allowances and reimbursements, bonuses, wholesaler fees,
and training and marketing allowances. Such payments may offset
the broker-dealer’s expenses in connection with activities
that it is required to perform, such as educating personnel and
maintaining records. Insurance professionals may also receive
non-cash compensation such as expense-paid educational or
training seminars involving travel within and outside the
U.S. or promotional merchandise.
All of the compensation described in this section, and other
compensation or benefits provided by us or our affiliates, may
be more or less than the overall compensation on similar or
other products and may influence your insurance professional or
broker-dealer to present this Policy over other investment
options. You may ask your insurance professional about these
differing and divergent interests and how he/she and his/her
broker-dealer are compensated for selling the Policy.
Portfolio managers of the underlying portfolios of Pacific
Select Fund available under this Policy may from time to time
bear all or a portion of the expenses of conferences or meetings
sponsored by Pacific Life or PSD that are attended by, among
others, insurance professionals of PSD, who would receive
information and/or training regarding the Fund’s portfolios
and their management by the portfolio managers in addition to
information respecting the variable annuity and/or life
insurance products issued by Pacific Life and its affiliates.
Other persons may also attend all or a portion of any such
conferences or meetings, including directors, officers and
employees of Pacific Life, officers and trustees of Pacific
Select Fund, and spouses/guests of the foregoing. The Pacific
Select Fund’s Board of Trustees may hold meetings
concurrently with such a conference or meeting. The Pacific
Select Fund pays for the expenses of the meetings of its Board
of Trustees, including the pro rata share of expenses for
attendance by the Trustees at the concurrent conferences or
meetings sponsored by Pacific Life or PSD. Additional expenses
and promotional items may be paid for by Pacific Life and/or
portfolio managers. PSD serves as the Pacific Select Fund’s
distributor.
The Separate Account was established on May 12, 1988 under
California law under the authority of our Board of Directors,
and is now governed by the laws of the State of Nebraska as a
result of Pacific Life’s redomestication to Nebraska on
September 1, 2005. It is registered with the SEC as a type
of investment company called a unit investment trust. The
SEC does not oversee the administration or investment practices
or policies of the Separate Account.
10
The Separate Account is not the only investor in the Funds.
Investments in the Funds by other separate accounts for variable
annuity contracts and variable life insurance contracts could
cause conflicts. For more information, please see the Statement
of Additional Information for the Funds.
Performance information may appear in advertisements, sales
literature, or reports to Policy Owners or prospective buyers.
Information about performance of any Variable Account of the
Separate Account reflects only the performance of a hypothetical
Policy. The calculations are based on allocating the
hypothetical Policy’s Accumulated Value to the Variable
Account during a particular time period.
Performance information is no guarantee of how a portfolio or
Variable Account will perform in the future. You should keep in
mind the investment objectives and policies, characteristics and
quality of the portfolio of the Fund in which the Variable
Account invests, and the market conditions during the period of
time that’s shown.
We may show performance information in any way that’s
allowed under the law that applies to it. This may include
presenting a change in Accumulated Value due to the performance
of one or more Variable Accounts, or as a change in a Policy
Owner’s Death Benefit.
We may show performance as a change in Accumulated Value over
time or in terms of the average annual compounded rate of return
on Accumulated Value. This would be based on allocating premium
payments for a hypothetical Policy to a particular Variable
Account over certain periods of time, including one year, or
from the day the Variable Account started operating. If a
portfolio has existed for longer than its corresponding Variable
Account, we may also show the hypothetical returns that the
Variable Account would have achieved had it invested in the
portfolio from the day the portfolio started operating.
Performance may reflect the deduction of all Policy charges
including premium load, the cost of insurance, the
administrative charge, and the mortality and expense risk
charge. The different Death Benefit Options will result in
different expenses for the cost of insurance, and the varying
expenses will result in different Accumulated Values.
Performance may also reflect the deduction of the surrender
charge, if it applies, by assuming the hypothetical Policy is
surrendered at the end of the particular period. At the same
time, we may give other performance figures that do not assume
the Policy is surrendered and do not reflect any deduction of
the surrender charge.
We may also show performance of the underlying portfolios based
on the change in value of a hypothetical investment over time or
in terms of the average annual compounded return over time.
Performance of the portfolios will not reflect the deduction of
Policy charges. If Policy charges were reflected, the
performance would be lower.
In our advertisements, sales literature and reports to Policy
Owners, we may compare performance information for a Variable
Account to:
•
other variable life separate accounts, mutual funds, or
investment products tracked by research firms, rating services,
companies, publications, or persons who rank separate accounts
or investment products on overall performance or other criteria
•
the Consumer Price Index, to assess the real rate of return from
buying a Policy by taking inflation into consideration
•
various indices that are unmanaged.
Reports and promotional literature may also contain our rating
or a rating of our claims paying ability. These ratings are set
by firms that analyze and rate insurance companies and by
nationally recognized statistical rating organizations.
The yield or total return of any Variable Account or portfolio
does not reflect the deduction of Policy charges.
11
Cash
Management Variable Account
The “yield” (also called “current yield”) of
the Cash Management Variable Account is computed in accordance
with a standard method prescribed by the SEC. The net change in
the Variable Account’s unit value during a seven-day period
is divided by the unit value at the beginning of the period to
obtain a base rate of return. The current yield is generated
when the base rate is “annualized” by multiplying it
by the fraction 365/7; that is, the base rate of return is
assumed to be generated each week over a
365-day
period and is shown as a percentage of the investment. The
“effective yield” of the Cash Management Variable
Account is calculated similarly but, when annualized, the base
rate of return is assumed to be reinvested. The effective yield
will be slightly higher than the current yield because of the
compounding effect of this assumed reinvestment.
The formula for effective yield is: [(Base Period
Return + 1)(To the power of
365/7)] − 1.
Realized capital gains or losses and unrealized appreciation or
depreciation of the assets of the underlying Cash Management
portfolio are not included in the yield calculation.
Other
Variable Accounts
“Yield” of the other Variable Accounts is computed in
accordance with a different standard method prescribed by the
SEC. For each Variable Account, the net investment income
(investment income less expenses) per accumulation unit earned
during a specified one month or
30-day
period is divided by the unit value on the last day of the
specified period. This result is then annualized (that is, the
yield is assumed to be generated each month or each
30-day
period for a year), according to the following formula, which
assumes semiannual compounding:
YIELD = 2[(
a − b
cd
+ 1)6 − 1]
where:
a
=
net investment income earned during the period by the underlying
portfolio of the Variable Account,
b
=
expenses accrued for the period (net of reimbursements),
c
=
the average daily number of accumulation units outstanding
during the period that were entitled to receive dividends, and
d
=
the unit value of the accumulation units on the last day of the
period.
The Variable Accounts’ yields will vary from time to time
depending upon market conditions, the composition of each
portfolio and operating expenses of the Fund allocated to each
portfolio. Consequently, any given performance quotation should
not be considered representative of the Variable Account’s
performance in the future. Yield should also be considered
relative to changes in unit values and to the relative risks
associated with the investment policies and objectives of the
various portfolios. In addition, because performance will
fluctuate, it may not provide a basis for comparing the yield of
a Variable Account with certain bank deposits or other
investments that pay a fixed yield or return for a stated period
of time.
Cash
Management portfolio
Current yield for the Cash Management portfolio will be based on
the change in the value of a hypothetical investment (exclusive
of capital charges) over a particular
7-day
period, less a pro-rata share of portfolio expenses accrued over
that period (the “base period”), and stated as a
percentage of the investment at the start of the base period
(the “base period return”). The base period return is
then annualized by multiplying by 365/7, with the resulting
yield figure carried to at least the nearest hundredth of one
percent. “Effective yield” for the Cash Management
portfolio assumes that all dividends received during an annual
period have been reinvested. Calculation of “effective
yield” begins with the same “base period return”
used in the calculation of yield, which is then annualized to
reflect weekly compounding pursuant to the following formula:
Effective Yield: [(Base Period Return + 1)(To the
power of
365/7)] − 1.
12
Other
portfolios
Quotations of yield for the remaining portfolios will be based
on all investment income per share earned during a particular
30-day
period (including dividends and interest), less expenses accrued
during the period (“net investment income”), and are
computed by dividing net investment income by the maximum
offering price per share on the last day of the period,
according to the following formula:
YIELD = 2[(
a − b
cd
+ 1)6 − 1]
where:
a
=
dividends and interest earned during the period,
b
=
expenses accrued for the period (net of reimbursements),
c
=
the average daily number of shares outstanding during the period
that were entitled to receive dividends, and
d
=
the maximum offering price per share on the last day of the
period.
Quotations of average annual total return for a portfolio will
be expressed in terms of the average annual compounded rate of
return of a hypothetical investment in the portfolio over
certain periods that will include a period of one year (or, if
less, up to the life of the portfolio), calculated pursuant to
the following formula:
P (1 + T)n =
ERV (where P = a hypothetical initial payment of $1,000,
T = the average annual total return for the period,
n = the number of periods, and ERV = the ending
redeemable value of a hypothetical $1,000 payment made at the
beginning of the period). Quotations of total return may also be
shown for other periods. All total return figures reflect the
deduction of a proportional share of portfolio expenses on an
annual basis, and assume that all dividends and distributions
are reinvested when paid.
The next several pages contain the statements of assets and
liabilities of each of the Variable Accounts of Pacific Select
Exec Separate Account as of December 31, 2010, the related
statements of operations for the periods presented, the
statements of changes in net assets for each of the periods
presented, and the financial highlights for each of the periods
presented.
These are followed by the consolidated statements of financial
condition of Pacific Life Insurance Company and Subsidiaries as
of December 31, 2010 and 2009 and the related consolidated
statements of operations, stockholder’s equity and cash
flows for each of the three years in the period ended
December 31, 2010, which are included in this SAI so you
can assess our ability to meet our obligations under the
Policies.
The consolidated statements of financial condition of Pacific
Life Insurance Company and Subsidiaries as of December 31,2010 and 2009 and the related consolidated statements of
operations, stockholder’s equity and cash flows for each of
the three years in the period ended December 31, 2010 as
well as the statements of assets and liabilities of each of the
Variable Accounts of Pacific Select Exec Separate Account as of
December 31, 2010, the related statements of operations for
the periods presented, the statements of changes in net assets
for each of the periods presented, and the financial highlights
for each of the periods presented as included in this SAI have
been audited by Deloitte & Touche LLP, 695 Town
Center Drive, Suite 1200, Costa Mesa,
California92626, independent auditors and independent
registered public accounting firm, respectively, as stated in
their reports appearing herein, and have been so included in
reliance upon the reports of such firm given upon their
authority as experts in accounting and auditing.
[Financials to be filed]
13
Form
No. 15-30395-00
PACIFIC SELECT EXEC SEPARATE ACCOUNT
C:
PART C: OTHER INFORMATION
C:
Item 26. Exhibits
C:
C:C:
(1)
(a)
Resolution of the Board of Directors of the Depositor dated November 22, 1989 and copies of the Memoranda
concerning Pacific Select Exec Separate Account dated May 12, 1988 and January 26, 1993.1
(b)
Resolution of the Board of Directors of Pacific Life Insurance Company authorizing conformity to the
terms of the current Bylaws.1
(2)
Inapplicable
(3)
(a)
Distribution Agreement Between Pacific Life Insurance Company and Pacific Mutual Distributors, Inc.
(formerly known as Pacific Equities Network)1
(b)
Form of Selling Agreement Between Pacific Mutual Distributors, Inc. and Various Broker-Dealers1
(c)
Distribution Agreement Between Pacific Select Distributors, Inc. and T. Rowe Price Investment Services,
Inc.3
(4)
(a)
Flexible Premium Variable Life
Insurance
Policy
(b)
Accelerated Living Benefit Rider
(form R92-ABR)1
(c)
Spouse Term Rider (form
R08RTA)11
(d)
Children’s Term Rider (form R84-CT)1
(e)
Accidental Death Benefit (form R84-AD)1
(f)
Disability Benefit Rider (form R84-DB)1
(g)
Waiver of Charges (form
R08WC)11
(h)
Guaranteed Insurability Rider (form R84-GI)1
(i)
Annual Renewable Term Rider (form
R08RTP)11
(j)
Surrender Value Enhancement Rider
— Individual (form R08SEI)11
(k)
Surrender Value Enhancement Rider
— Trust/Executive Benefit (form R08SET)11
(l)
Short Term No Lapse Guarantee Rider
(form R04PNL)9
(m)
Overloan Protection Rider (form
R08OLP)11
(n)
Minimum Earnings Benefit Rider
(form R06MEB)10
(o)
SVER Term Insurance Rider (form
R09SVERI)13
(p)
SVER Term Insurance
Rider — Trust/Executive Benefit (form
R09SVERT)13
(r)
Indexed Fixed Account Rider (form
R09IAR)14
(s)
Scheduled Increase Rider (form R10SIR)
(t)
Annual Renewable Term Rider — Individual (form R10ARS)
(5)
Application for
Flexible Premium Variable Life Insurance Policy & General
Questionnaire11
(6)
(a)
Bylaws of Pacific Life Insurance Company1
(b)
Articles of Incorporation of Pacific Life Insurance Company1
(c)
Restated Articles of Incorporation of Pacific Life Insurance Company4
(d)
Bylaws of Pacific Life Insurance Company As Amended Effective September 1, 20054
C:
(7)
Form of Reinsurance Contract1
(8)
(a)
Participation Agreement between Pacific Life Insurance Company and Pacific Select Fund1
(b)
Participation Agreement with Variable Insurance Products Fund, Variable Insurance Products Fund
II and Variable Insurance Products Fund III2
(c)
Service Contract with Fidelity Distributors Corporation2
(d)
Participation Agreement with Merrill Lynch Variable Series Fund, Inc.3
(e)
Administrative Services Agreement with FAM Distributors, Inc.2
(f)
Participation Agreement with T. Rowe Price Equity Series, Inc.3
(g)
Administrative Services Agreement with T. Rowe Price Associates, Inc.3
(h)
Participation Agreement with Van Eck Worldwide Insurance Trust3
(i)
Service Agreement with Van Eck Securities Corporation2
(j)
Participation Agreement between Pacific Life, PSD, American Funds Insurance Series, American
Funds Distributors and Capital Research And Management Company3
(k)
Participation Agreement with Janus
Aspen Series5
(l)
Distribution and Shareholder
Service Agreement with Janus Capital Management LLC5
(m)
Administrative Services Agreement
with Janus Distributors LLC5
(n)
Participation Agreement with Lazard
Retirement Series, Inc.5
(o)
Service Agreement with Lazard Asset
Management Securities LLC5
(p)
Participation Agreement with Legg
Mason Partners III5
(q)
Service Agreement with Legg Mason
Investor Services, LLC5
(r)
Participation Agreement with MFS
Variable Insurance Trust5
(s)
Service Agreement with
Massachusetts Financial Services Company5
(t)
Participation Agreement with GE
Investments Funds, Inc.15
(u)
Service Agreement with GE
Investments Funds, Inc.15
(v)
Participation Agreement with
Franklin Templeton Variable Insurance Products Trust15
(1) First Amendment to
Participation Agreement15
(w)
Administrative Services Agreement
with Franklin Templeton Services, LLC15
(1) First Amendment to
Administrative Services Agreement15
(x)
Form of Amendment to Fidelity Distributors Corporation Participation
Agreement6
(y)
Form of Amendment to Fidelity Investments Institutional Operations Company, Inc. Service
Agreement7
(z)
Form of Amendment to Fidelity Distributors Corporation Service
Contract8
(aa)
Participation Agreement between
Pacific Life Insurance Company, Pacific Life & Annuity and M
Fund12
(bb)
Distribution and Services Agreement
(Amended and Restated) with GE Investment Distributors, Inc.15
(cc)
Lord Abbett Series Fund, Inc. Fund
Participation Agreement16
(dd)
Lord Abbett Series Fund, Inc.
Service Agreement16
(ee)
Lord Abbett Series Fund, Inc.
Administrative Services Agreement16
(ff)
Royce Fund Services, Inc. Fund
Participation
Agreement16
(gg)
Royce Fund Services, Inc. Service
Agreement16
(9)
Inapplicable
(10)
Inapplicable
(11)
Opinion and
consent of legal officer of Pacific Life as to legality of Policies
being
registered12
(12)
Inapplicable
(13)
Inapplicable
(14)
a)
Consent of Registered Public
Accounting Firm [To be filed]
b)
Consent of Independent Auditors
[To be filed]
(15)
Inapplicable
(16)
Inapplicable
(17)
Memorandum Describing
Issuance, Transfer and Redemption
Procedures14
Filed as part of Post-Effective Amendment No. 34 to the Registration Statement on Form N-6 via EDGAR on April 19, 2005, File No. 033-21754, Accession Number 0000892569-05-000254.
Filed as part of Post-Effective Amendment No. 9 to the Registration Statement on Form N-6 via EDGAR on April 16, 2007, File No. 333-118913, Accession Number 000892569-07-000444.
6
Filed as Exhibit 8(y) as part of Post-Effective Amendment No. 11 to the Registration Statement on Form N-6 via EDGAR on September 28, 2007, File No. 333-118913, Accession Number 0000892569-07-001219.
7
Filed as Exhibit 8(z) as part of Post-Effective Amendment No. 11 to the Registration Statement on Form N-6 via EDGAR on September 28, 2007, File No. 333-118913, Accession Number 0000892569-07-001219.
8
Filed as Exhibit 8(aa) as part of Post-Effective Amendment No. 11 to the Registration Statement on Form N-6 via EDGAR on September 28, 2007, File No. 333-118913, Accession Number 0000892569-07-001219.
9
Filed as Exhibit 4(q) as part of Post-Effective Amendment No. 21 to the Registration Statement on Form N-6 via EDGAR on March 1, 2004, File No. 333-60461, Accession Number 0001193125-04-032150.
10
Filed as Exhibit 4(x) as part of Post-Effective Amendment No. 28 to the Registration Statement on Form N-6 via EDGAR on December 23, 2007, File No. 333-60461, Accession Number 0000892569-05-001357.
11
Filed as part of the Registration
Statement on Form N-6 via EDGAR on April 4, 2008, File No. 333 - 150092, Accession Number 0000892569-08-000513.
Filed as part of Post-Effective
Amendment No. 9 to the Registration Statement on Form N-6 via EDGAR
on April 26, 2010, File No. 333-152224, Accession Number 0000950123-10-038296.
Item 28. Persons Controlled by or Under Common Control with Pacific Life Insurance Company
(Pacific Life) or Pacific Select Exec Separate Account.
The following is an explanation of the organization chart of Pacific Life’s subsidiaries:
Pacific Life is a Nebraska Stock Life Insurance Company wholly-owned by Pacific LifeCorp (a
Delaware Stock Holding Company), which is, in turn, 100% owned by Pacific Mutual Holding Company (a
Nebraska Mutual Insurance Holding Company).
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 provides
substantially as follows:
Pacific Life and PSD agree to indemnify and hold harmless Selling
Broker-Dealer and General Agent, their officers, directors, agents and
employees, against any and all losses, claims, damages or liabilities to
which they may become subject under the 1933 Act, the 1934 Act, 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 1933 Act, or any prospectus included as a part thereof, as
from time to time amended and supplemented, or in any advertisement or
sales literature approved in writing by Pacific Life and PSD pursuant to
Section IV.E. Of this Agreement.
Selling Broker-Dealer and General Agent agree to indemnify and hold
harmless Pacific Life, the Fund and PSD, their officers, directors, agents
and employees, against any and all losses, claims, damages or liabilities
to which they may become subject under the 1933 Act, the 1934 Act 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: (a) any oral or written
misrepresentation by Selling Broker- Dealer or General Agent or their
officers, directors, employees or agents unless such misrepresentation is
contained in the registration statement for the Contracts or Fund shares,
any prospectus included as a part thereof, as from time to time amended and
supplemented, or any advertisement or sales literature approved in writing
by Pacific Life and PSD pursuant to Section IV.E. of this Agreement, (b)
the failure of Selling Broker-Dealer or General Agent or their officers,
directors, employees or agents to comply with any applicable provisions of
this Agreement or (c) claims by Sub-agents or employees of General Agent or
Selling Broker-Dealer for payments of compensation or remuneration of any
type. Selling Broker-Dealer and General Agent will reimburse Pacific Life
or PSD or any director, officer, agent or employee of either entity for any
legal or other expenses reasonably incurred by Pacific Life, PSD, or such
officer, director, agent or employee in connection with investigating or
defending any such loss,
claims, damages, liability or action. This indemnity agreement will be in
addition to any liability which Broker-Dealer may otherwise have.
C:
Item 30. Principal Underwriters
(a)
PSD also acts as principal underwriter for Pacific Select Variable
Annuity Separate Account, Separate Account A, 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,
COLI IV Separate Account, COLI V Separate Account, Separate Account A of Pacific Life &
Annuity Company, Pacific Select Exec Separate Account of Pacific Life & Annuity Company, Separate
Account I of Pacific Life Insurance Company, Separate Account I of Pacific Life & Annuity Company.
PSD retains no compensation or net discounts or commissions from the Registrant.
C:
Item 31. 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, California92660.
C:
Item 32. Management Services
Not applicable
C:
Item 33. Fee Representation
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 Life Insurance Policy 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.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933 and the
Investment Company Act of 1940, the Registrant certifies that it meets all of the
requirements for effectiveness of this Registration Statement under Rule
485 (a) under the Securities Act of 1933 and has duly caused this
Post-Effective Amendment No. 12 to the Registration Statement on
Form N-6 to be signed on
its behalf by the undersigned, duly authorized, in the City of
Newport Beach, and State of California on the day of February 24, 2011.
PACIFIC SELECT EXEC SEPARATE ACCOUNT
(Registrant)
BY:
PACIFIC LIFE INSURANCE COMPANY
BY:
James T. Morris*
Director, Chairman, President and Chief
Executive Officer
BY:
PACIFIC LIFE INSURANCE COMPANY
(Depositor)
BY:
James T. Morris*
Director,
Chairman, President and Chief
Executive Officer
Pursuant to the requirements of the Securities Act of 1933, this
Post-Effective Amendment No. 12 to the Registration Statement has been signed
below 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