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As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 8/11/23 Separate Account No. 49 485BPOS 8/11/23 4:528K Donnelley … Solutions/FA → Separate Acct No. 49 ⇒ 7 Classes/Contracts |
Document/Exhibit Description Pages Size 1: 485BPOS Separate Account 49 HTML 440K 2: EX-99.(K) Opinion and Consent of Shane Daly HTML 8K 3: EX-99.(L)(A) Consent of Pricewaterhousecoopers HTML 5K 4: EX-99.(L)(B) Powers of Attorney HTML 46K
Separate Account 49 |
As filed with the Securities and Exchange Commission on August 11, 2023
REGISTRATION NO. 333-64749
REGISTRATION NO. 811-07659
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM N-4
REGISTRATION STATEMENT
UNDER
THE SECURITIES ACT OF 1933 | ☒ | |||
Pre-Effective Amendment No. | ☐ | |||
Post-Effective Amendment No. 97 | ☒ |
AND/OR
REGISTRATION STATEMENT
UNDER
THE INVESTMENT COMPANY ACT OF 1940 | ☒ |
Amendment No. 509 | ☒ |
(Check appropriate box or boxes)
SEPARATE ACCOUNT NO. 49
(Exact Name of Registrant)
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
(Name of Depositor)
1290 Avenue of the Americas, New York, New York 10104
(Address of Depositor’s Principal Executive Offices)
Depositor’s Telephone Number, including Area Code: (212) 554-1234
VICE PRESIDENT AND ASSOCIATE GENERAL COUNSEL
Equitable Financial Life Insurance Company
1290 Avenue of the Americas, New York, New York 10104
(Name and Address of Agent for Service)
Approximate Date of Proposed Public Offering: Continuous.
It is proposed that this filing will become effective (check appropriate box):
☒ | Immediately upon filing pursuant to paragraph (b) of Rule 485 |
☐ | On (date) pursuant to paragraph (b) of Rule 485. |
☐ | 60 days after filing pursuant to paragraph (a)(1) of Rule 485. |
☐ | On (date) pursuant to paragraph (a)(1) of Rule 485. |
If appropriate, check the following box:
☐ | This post-effective amendment designates a new effective date for previously filed post-effective amendment. |
Title of Securities Being Registered:
Units of interest in Separate Account under variable annuity contracts.
EXPLANATORY NOTE
This Post-Effective Amendment No. 97 (“PEA”) to the Form N-4 Registration Statement No. 333-64749 (“Registration Statement”) of Equitable Financial Life Insurance Company (“Equitable Financial”) and its Separate Account No. 49 is being filed for the purpose of including in the Registration Statement the additions/modifications reflected in the Supplement and Part C. This Post-Effective Amendment No. 97 incorporates by reference the information contained in Part A of Post-Effective Amendment No. 95, filed on April 21, 2023, and in Part B of Post-Effective Amendment No. 96, filed on May 22, 2023.
Equitable Financial Life Insurance Company
Equitable Financial Life Insurance Company of America
Supplement dated August 11, 2023 to the current variable annuity and life prospectuses listed below
This Supplement updates certain information in the most recent prospectus (the “Prospectus”) for the variable annuity contracts and life policies listed in this Supplement. You should read this Supplement in conjunction with the Prospectus and retain it for future reference. Special terms not defined in this Supplement have the same meaning as in the Prospectus. We will send you another copy of the Prospectus or any prior supplement thereto without charge upon request. For additional information, please contact the customer service group referenced in the Prospectus.
The purpose of this Supplement is to provide you with information regarding a proposed reorganization involving Portfolios of EQ Premier VIP Trust underlying your contract or policy (the “Reorganization”).
Subject to shareholder approval, effective on or about November 11, 2023 (the “Reorganization Date”), each Portfolio of EQ Premier VIP Trust (an “Acquired Trust Portfolio”) will reorganize into a substantially identical, newly created Portfolio of EQ Advisors Trust (an “Acquiring Trust Portfolio”). The investment objectives, policies, principal strategies, principal risks, and the fees and expenses of each Acquired Trust Portfolio and corresponding Acquiring Trust Portfolio are substantially identical, and Equitable Investment Management Group, LLC, will remain as the Portfolio’s Investment Manager. Additional information about the Reorganization can be found in the combined proxy statement/prospectus by EQ Advisors Trust.
The table below lists the Acquired and Acquiring Trust Portfolios involved in the Reorganization. Please note that not all Acquired Trust Portfolios may be available currently under your contract or policy.
Acquired Trust Portfolios of EQ Premier VIP Trust |
Reorganization on or about November 11, 2023 |
Acquiring Trust Portfolios of EQ Advisors Trust | ||
• EQ/Aggressive Allocation
• EQ/Moderate-Plus Allocation
• EQ/Moderate Allocation
• EQ/Conservative-Plus Allocation
• EQ/Conservative Allocation
• Target 2015 Allocation
• Target 2025 Allocation
• Target 2035 Allocation
• Target 2045 Allocation
• Target 2055 Allocation
• EQ/Core Plus Bond |
• EQ/Aggressive Allocation
• EQ/Moderate-Plus Allocation
• EQ/Moderate Allocation
• EQ/Conservative-Plus Allocation
• EQ/Conservative Allocation
• Target 2015 Allocation
• Target 2025 Allocation
• Target 2035 Allocation
• Target 2045 Allocation
• Target 2055 Allocation
• EQ/Core Plus Bond |
If the Reorganization is approved by shareholders, then on the Reorganization Date:
— | Each Acquired Trust Portfolio under your contract or policy will be removed as an investment option, and the corresponding Acquiring Trust Portfolio will be added as an available investment option (subject to any applicable allocation restrictions). All references in the Prospectus to the EQ Premier VIP Trust will be deleted in their entirety and replaced with references to EQ Advisors Trust. |
— | If you have account value allocated to an Acquired Trust Portfolio, your contract or policy will be automatically credited with interest in the corresponding Acquiring Trust Portfolio. Your interest in the Acquiring Trust Portfolio immediately after the Reorganization will be equal to your interest in the removed Acquired Trust Portfolio immediately prior to the Reorganization. There will be no financial impact on your contract or policy. |
— | You will not bear any of the expenses related to the Reorganization, and the Reorganization will not result in any tax consequences for you. |
— | All allocation elections and instructions that include the Acquired Trust Portfolios will be automatically updated to replace the Acquired Trust Portfolios with the corresponding Acquiring Trust Portfolios. |
New Biz/Inforce – 498 Annuities/Life | Catalog No. 800079 | |
#884311 |
No action is required on your part. You may continue to transfer your account value between and among the investment options prior to and after the Reorganization, as usual. For more information, please contact your financial professional or contact our customer service representative.
Acquired Trust Portfolios | Contract or Policy | |
Target 2015 Allocation | Annuity Products: EQUI-VEST® (Series 100-500); EQUI-VEST® Employer-Sponsored Retirement Plans; EQUI-VEST® (Series 201); EQUI-VEST® (Series 700); EQUI-VEST® (Series 701); EQUI-VEST® (Series 800); EQUI-VEST® (Series 801); EQUI-VEST® (Series 900); EQUI-VEST® (Series 901); EQUI-VEST® Employer-Sponsored Retirement Plans TSA AdvantageSM; EQUI-VEST® Employer-Sponsored Retirement Plans TSA VantageSM; EQUI-VEST® New Jersey ACTS; MomentumSM; MomentumSM Plus; Members Retirement Program; American Dental Association Members Retirement Program | |
Target 2025 Allocation
Target 2035 Allocation
Target 2045 Allocation
Target 2055 Allocation |
Annuity Products: EQUI-VEST® (Series 100-500); EQUI-VEST® Employer-Sponsored Retirement Plans; EQUI-VEST® (Series 201); EQUI-VEST® (Series 700); EQUI-VEST® (Series 701); EQUI-VEST® (Series 800); EQUI-VEST® (Series 801); EQUI-VEST® (Series 900); EQUI-VEST® (Series 901); EQUI-VEST® Employer-Sponsored Retirement Plans TSA AdvantageSM; EQUI-VEST® Employer- Sponsored Retirement Plans TSA VantageSM; EQUI-VEST® New Jersey ACTS; MomentumSM; MomentumSM Plus; Members Retirement Program; American Dental Association Members Retirement Program
Life Polices: Incentive Life®; Incentive Life® ’02; Incentive Life® ’06; Incentive Life Legacy®; Incentive Life Legacy® II; IncentiveLife Legacy® III; Incentive Life Optimizer®; Incentive Life Optimizer® II; IncentiveLife Optimizer® III; Survivorship Incentive LifeSM Legacy | |
EQ/Aggressive Allocation | Annuity Products: EQUI-VEST® (Series 100-500); EQUI-VEST® Employer-Sponsored Retirement Plans; EQUI-VEST® (Series 201); EQUI-VEST® (Series 202); EQUI-VEST® (Series 700); EQUI-VEST® (Series 701); EQUI-VEST® (Series 800); EQUI-VEST® (Series 801); EQUI-VEST® (Series 900); EQUI-VEST® (Series 901); EQUI-VEST® (Series 902); EQUI-VEST® Employer-Sponsored Retirement Plans TSA AdvantageSM; EQUI-VEST® Employer- Sponsored Retirement Plans TSA VantageSM; EQUI-VEST® New Jersey ACTS; MomentumSM; MomentumSM Plus; Members Retirement Program; American Dental Association Members Retirement Program; Accumulator®; Accumulator® Series (Elite, Plus and Select); Investment Edge® 15.0; Investment Edge® 21; Retirement Cornerstone® Series 1.0; Retirement Cornerstone® Series 11; Retirement Cornerstone® Series 12.0
Life Polices: Incentive Life®; Incentive Life® ’02; Incentive Life® ’06; Incentive Life Legacy®; Incentive Life Optimizer®; Survivorship Incentive LifeSM Legacy; VUL Legacy®; VUL Optimizer®; VUL Survivorship; Equitable AdvantageSM; COIL Institutional SeriesSM; COIL Institutional SeriesSM (162) | |
EQ/Moderate-Plus Allocation | Annuity Products: EQUI-VEST® (Series 100-500); EQUI-VEST® Employer-Sponsored Retirement Plans; EQUI-VEST® (Series 201); EQUI-VEST® (Series 202); EQUI-VEST® (Series 700); EQUI-VEST® (Series 701); EQUI-VEST® (Series 800); EQUI-VEST® (Series 801); EQUI-VEST® (Series 900); EQUI-VEST® (Series 901); EQUI-VEST® (Series 902); EQUI-VEST® Employer-Sponsored Retirement Plans TSA AdvantageSM; EQUI-VEST® Employer-Sponsored Retirement Plans TSA VantageSM; MomentumSM; MomentumSM Plus; Members Retirement Program; American Dental Association Members Retirement Program; Accumulator®; Accumulator® Series (Elite, Plus and Select); Investment Edge® 15.0; Investment Edge® 21; Retirement Cornerstone® Series 1.0; Retirement Cornerstone® Series 11; Retirement Cornerstone® Series 12.0
Life Polices: Incentive Life®; Incentive Life® ’02; Incentive Life® ’06; Incentive Life Legacy®; Incentive Life Optimizer®; Survivorship Incentive Life LegacySM; VUL Legacy®; VUL Optimizer®; VUL Survivorship; Equitable AdvantageSM; COIL Institutional SeriesSM; COIL Institutional SeriesSM (162) |
2
Acquired Trust Portfolios | Contract or Policy | |
EQ/Moderate Allocation | Annuity Products: EQUI-VEST® (Series 100-500); EQUI-VEST® Employer-Sponsored Retirement Plans; EQUI-VEST® (Series 201); EQUI-VEST® (Series 202); EQUI-VEST® (Series 700); EQUI-VEST® (Series 701); EQUI-VEST® (Series 800); EQUI-VEST® (Series 801); EQUI-VEST® (Series 900); EQUI-VEST® (Series 901); EQUI-VEST® (Series 902); Variable Immediate Annuity; EQUI-VEST® Employer-Sponsored Retirement Plans TSA AdvantageSM; EQUI-VEST® Employer-Sponsored Retirement Plans TSA VantageSM; EQUI-VEST® New Jersey ACTS; MomentumSM; MomentumSM Plus; 300+ Series; Members Retirement Program; American Dental Association Members Retirement Program; Accumulator®; Accumulator® Series (Elite, Plus and Select); Investment Edge® 15.0; Investment Edge® 21; Retirement Cornerstone® Series 1.0; Retirement Cornerstone® Series 11; Retirement Cornerstone® Series 12.0; Retirement Cornerstone® Series 13.0; Retirement Cornerstone® Series 15.0; Retirement Cornerstone® Series 15A; Retirement Cornerstone® Series 15B; Retirement Cornerstone® Series 17; Retirement Cornerstone® Series 17 Series E; Retirement Cornerstone® Series 19; Retirement Cornerstone 19 Series E
Life Polices: Incentive Life®; Incentive Life® ’02; Incentive Life® ’06; Incentive Life Legacy®; Incentive Life Optimizer®; Survivorship Incentive LifeSM Legacy; VUL Legacy®; VUL Optimizer®; VUL Survivorship; Equitable AdvantageSM; COIL Institutional SeriesSM; COIL Institutional SeriesSM (162) | |
EQ/Conservative-Plus Allocation | Annuity Products: EQUI-VEST® (Series 100-500); EQUI-VEST® Employer-Sponsored Retirement Plans; EQUI-VEST® (Series 201); EQUI-VEST® (Series 202); EQUI-VEST® (Series 700); EQUI-VEST® (Series 701); EQUI-VEST® (Series 800); EQUI-VEST® (Series 801); EQUI-VEST® (Series 900); EQUI-VEST® (Series 901); EQUI-VEST® (Series 902); EQUI-VEST® Employer-Sponsored Retirement Plans TSA AdvantageSM; EQUI-VEST® Employer-Sponsored Retirement Plans TSA VantageSM; MomentumSM; MomentumSM Plus; Members Retirement Program; American Dental Association Members Retirement Program; Accumulator®; Accumulator® Series (Elite, Plus and Select)
Life Polices: Incentive Life®; Incentive Life® ’02; Incentive Life® ’06; Incentive Life Legacy®; Incentive Life Optimizer®; Survivorship Incentive LifeSM Legacy; VUL Legacy®; VUL Optimizer®; VUL Survivorship; Equitable AdvantageSM; COIL Institutional SeriesSM; COIL Institutional SeriesSM (162) | |
EQ/Conservative Allocation | Annuity Products: EQUI-VEST® (Series 100-500); EQUI-VEST® Employer-Sponsored Retirement Plans; EQUI-VEST® (Series 201); EQUI-VEST® (Series 202); EQUI-VEST® (Series 700); EQUI-VEST® (Series 701); EQUI-VEST® (Series 800); EQUI-VEST® (Series 801); EQUI-VEST® (Series 900); EQUI-VEST® (Series 901); EQUI-VEST® (Series 902); EQUI-VEST® Employer-Sponsored Retirement Plans TSA AdvantageSM; EQUI-VEST® Employer- Sponsored Retirement Plans TSA VantageSM; EQUI-VEST® New Jersey ACTS; MomentumSM; MomentumSM Plus; Members Retirement Program; American Dental Association Members Retirement Program; Accumulator®; Accumulator® Series (Elite, Plus and Select); Investment Edge® 15.0; Investment Edge® 21;
Life Polices: Incentive Life®; Incentive Life® ’02; Incentive Life® ’06; Incentive Life Legacy®; Incentive Life Optimizer®; Survivorship Incentive LifeSM Legacy; VUL Legacy®; VUL Optimizer®; VUL Survivorship; Equitable AdvantageSM; COIL Institutional SeriesSM; COIL Institutional SeriesSM (162) |
3
Acquired Trust Portfolios | Contract or Policy | |
EQ/Core Plus Bond | Annuity Products: EQUI-VEST® (Series 100-500); EQUI-VEST® Employer-Sponsored Retirement Plans; EQUI-VEST® (Series 201); EQUI-VEST® (Series 700); EQUI-VEST® (Series 701); EQUI-VEST® (Series 800); EQUI-VEST® (Series 801); EQUI-VEST® (Series 900); EQUI-VEST® (Series 901); EQUI-VEST® (Series 902); Variable Immediate Annuity; EQUI-VEST® Employer-Sponsored Retirement Plans TSA AdvantageSM; EQUI-VEST® Employer- Sponsored Retirement Plans TSA VantageSM; EQUI-VEST® New Jersey ACTS; MomentumSM; MomentumSM Plus; 300+ Series; Members Retirement Program; American Dental Association Members Retirement Program; Retirement Investment Account®; Accumulator® Series 11.0; Accumulator® Series 13.0; Accumulator® Series 13A; Investment Edge® 15.0; Investment Edge® 21; Retirement Cornerstone® Series 1.0; Retirement Cornerstone® Series 11; Retirement Cornerstone® Series 12.0; Retirement Cornerstone® Series 13.0; Retirement Cornerstone® Series 15.0; Retirement Cornerstone® Series 15A; Retirement Cornerstone® Series 15B; Retirement Cornerstone® Series 17; Retirement Cornerstone® Series 19; Retirement Cornerstone 19 Series E
Life Polices: Incentive Life®; Incentive Life® ’02; Incentive Life® ’06; Incentive Life Legacy®; Incentive Life Legacy® II; IncentiveLife Legacy® III; Incentive Life Optimizer®; Incentive Life Optimizer® II; IncentiveLife Optimizer® III; Survivorship Incentive Life Legacy®; VUL Legacy®; VUL Optimizer; VUL Survivorship; Equitable AdvantageSM; COIL Institutional SeriesSM; COIL Institutional SeriesSM (162) |
Variable Annuity and Life Product List
Annuity Contracts |
300+ Series |
Accumulator®1 |
Accumulator® Elite®1 |
Accumulator® Plus®1 |
Accumulator® Select®1 |
Accumulator® Series 11.0 |
Accumulator® Series 13.0 |
Accumulator® Series 13A |
American Dental Association Members Retirement Program |
EQUI-VEST® Employer Sponsored Retirement Plans |
EQUI-VEST® Employer-Sponsored Retirement Plans TSA AdvantageSM |
EQUI-VEST® Employer-Sponsored Retirement Plans TSA VantageSM |
EQUI-VEST® New Jersey ACTS |
EQUI-VEST® (Series 100-500) |
EQUI-VEST® (Series 201) |
EQUI-VEST® (Series 202) |
EQUI-VEST® (Series 700) |
EQUI-VEST® (Series 701 |
EQUI-VEST® (Series 800) |
EQUI-VEST® (Series 801) |
EQUI-VEST® (Series 900) |
EQUI-VEST® (Series 901) |
EQUI-VEST® (Series 902) |
Investment Edge® 15.0 |
Investment Edge® 21 |
Members Retirement Program |
Momentum |
Momentum Plus |
Retirement Investment Account® |
Retirement Cornerstone® Series |
Retirement Cornerstone® Series 12.0 |
Retirement Cornerstone® Series 13.0 |
Retirement Cornerstone® Series 15.0 |
Retirement Cornerstone® Series 15A |
Retirement Cornerstone® Series 15B |
Retirement Cornerstone® Series 17 |
Retirement Cornerstone® Series 17 Series E |
Retirement Cornerstone® Series 19 |
Retirement Cornerstone® Series 19 Series E |
Variable Immediate Annuity |
Life Policies |
COIL Institutional SeriesSM (Series 160) |
COIL Institutional SeriesSM (Series 162) |
Equitable AdvantageSM |
Incentive Life® |
Incentive Life® ’02 |
Incentive Life® ’06 |
Incentive Life Legacy® |
Incentive Life Legacy® II |
IncentiveLife Legacy® III |
Incentive Life Optimizer® |
Incentive Life Optimizer® II |
IncentiveLife Optimizer® III |
Survivorship Incentive LifeSM Legacy |
VUL Legacy® |
VUL Optimizer® |
VUL Survivorship |
1 | Not applicable for Accumulator Series 9.0 |
4
PART C
OTHER INFORMATION
Item 27. | Exhibits |
(a) | Board of Directors Resolutions. |
(b) | Custodial Agreements. Not Applicable. |
(c) | Underwriting Contracts. |
(a) |
(a)(i) |
(a)(ii) |
(a)(iii) |
(a)(iv) |
(b) |
(c) |
(d) |
(d)(i) |
(d)(ii) |
(d)(iii) |
(d)(iv) |
(d)(v) |
(d)(vi) |
(d)(vii) |
(d)(viii) |
(d)(ix) |
(d)(x) |
(d)(xi) |
(d)(xii) |
(d)(xiii) |
(d)(xiv) |
(d)(xv) |
(d)(xvi) |
(d)(xvii) |
(d)(xviii) |
(d)(xix) |
(d)(xx) |
(e) |
(f) |
(g) |
C-2
(d) | Contracts. (Including Riders and Endorsements) |
(a) |
(b) |
(c) |
C-3
(d) |
(e) |
(f) |
(g) |
(h) |
(i) |
(j) |
(k) |
(l) |
(m) |
(n) |
(o) |
(p) |
(q) |
(r) |
(s) |
(t) |
C-4
(u) |
(v) |
(w) |
(x) |
(y) |
(z) |
(a)(a) |
(b)(b) |
(c)(c) |
(d)(d) |
(e)(e) |
(f)(f) |
(g)(g) |
(h)(h) |
(i)(i) |
(j)(j) |
(k)(k) |
(l)(l) |
(m)(m) |
(n)(n) |
C-5
(o)(o) |
(p)(p) |
(q)(q) |
(r)(r) |
(s)(s) |
(t)(t) |
(u)(u) |
(v)(v) |
(w)(w) |
(x)(x) |
(y)(y) |
(z)(z) |
(a)(a)(a) |
(b)(b)(b) |
(c)(c)(c) |
(d)(d)(d) |
C-6
(e)(e)(e) |
(f)(f)(f) |
(g)(g)(g) |
(h)(h)(h) |
(i)(i)(i) |
(j)(j)(j) |
(k)(k)(k) |
(l)(l)(l) |
(m)(m)(m) |
(n)(n)(n) |
(o)(o)(o) |
(p)(p)(p) |
(q)(q)(q) |
(r)(r)(r) |
(s)(s)(s) |
(t)(t)(t) |
(u)(u)(u) |
(v)(v)(v) |
C-7
(w)(w)(w) |
(x)(x)(x) |
(y)(y)(y) |
(z)(z)(z) |
(a)(a)(b) |
(a)(a)(c) |
(a)(a)(d) |
(a)(a)(e) |
(a)(a)(f) |
(a)(a)(g) |
(a)(a)(h) |
(a)(a)(i) |
(a)(a)(j) |
(a)(a)(k) |
(a)(a)(l) |
(a)(a)(m) |
(a)(a)(n) |
(a)(a)(o) |
(a)(a)(p) |
(a)(a)(q) |
(a)(a)(r) |
(a)(a)(s) |
C-8
(a)(a)(t) |
(a)(a)(u) |
(a)(a)(v) |
(a)(a)(w) |
(a)(a)(x) |
(a)(a)(y) |
(a)(a)(z) |
(a)(b)(a) |
(a)(b)(c) |
(a)(b)(d) |
(a)(b)(e) |
(a)(b)(f) |
(a)(b)(g) |
(a)(b)(h) |
(a)(b)(i) |
(a)(b)(j) |
(a)(b)(k) |
(a)(b)(l) |
C-9
(a)(b)(m) |
(a)(b)(n) |
(a)(b)(o) |
(a)(b)(p) |
(a)(b)(q) |
(a)(b)(r) |
(a)(b)(s) |
(a)(b)(t) |
(a)(b)(u) |
(a)(b)(v) |
(a)(b)(w) |
(a)(b)(x) |
(a)(b)(y) |
(a)(b)(z) |
(a)(c)(a) |
(a)(c)(b) |
(a)(c)(c) |
(a)(c)(d) |
C-10
(a)(c)(e) |
(a)(c)(f) |
(a)(c)(g) |
(a)(c)(h) |
(a)(c)(i) |
(a)(c)(j) |
(a)(c)(k) |
(a)(c)(l) |
(a)(c)(m) |
(a)(c)(n) |
(a)(c)(o) |
(a)(c)(p) |
(a)(c)(q) |
(a)(c)(r) |
(a)(c)(s) |
(a)(c)(t) |
(a)(c)(u) |
(a)(c)(v) |
(a)(c)(w) |
C-11
(a)(c)(x) |
(a)(c)(y) |
(a)(c)(z) |
(a)(d)(a) |
(a)(d)(b) |
(a)(d)(c) |
(a)(d)(d) |
(a)(d)(e)(i) |
(a)(d)(e)(ii) |
(a)(d)(f) |
(a)(d)(g) |
(a)(d)(h) |
(a)(d)(i) |
(a)(d)(j) |
(a)(d)(k) |
(a)(d)(l) |
(a)(d)(m) |
(a)(d)(n)(i) |
(a)(d)(n)(ii) |
(a)(d)(p) |
(a)(d)(q) |
(a)(d)(r) |
(a)(d)(s) |
(a)(d)(t) |
(a)(d)(u) |
(a)(d)(v) |
(a)(d)(w) |
(a)(d)(x) |
(a)(d)(y) |
(a)(d)(z) |
(a)(e)(a) |
(a)(e)(b) |
(a)(e)(c) |
(a)(e)(d) |
(a)(e)(e) |
(a)(e)(f) |
(a)(e)(g) |
(a)(e)(h) |
(a)(e)(i) |
(a)(e)(j) |
(e) | Applications. |
(a) |
(b) |
(c) |
(d) |
C-12
C-13
(l) | Other Opinions. |
(a) | Consent of PricewaterhouseCoopers LLP, filed herewith. |
(b) | Powers of Attorney, filed herewith. |
(m) | Omitted Financial Statements. Not applicable. |
(n) | Initial Capital Agreements. Not applicable. |
(o) | Form of Initial Summary Prospectus. Not applicable. |
C-14
ITEM 28. DIRECTORS AND OFFICERS OF THE DEPOSITOR.
Set forth below is information regarding the directors and principal officers of the Depositor. The Depositor’s address is 1290 Avenue of the Americas, New York, New York 10104. The business address of the persons whose names are preceded by an asterisk is that of the Depositor.
NAME AND PRINCIPAL BUSINESS ADDRESS |
POSITIONS AND OFFICES WITH THE DEPOSITOR | |
DIRECTORS | ||
Francis Hondal | Director | |
10050 W. Suburban Drive | ||
Pinecrest, FL 33156 | ||
Arlene Isaacs-Lowe | Director | |
1830 South Ocean Drive, #1411 | ||
Hallandale, FL 33009 | ||
Daniel G. Kaye | Director | |
767 Quail Run | ||
Inverness, IL 60067 | ||
Joan Lamm-Tennant | Director | |
135 Ridge Common | ||
Fairfield, CT 06824 | ||
Craig MacKay | Director | |
England & Company | ||
1133 Avenue of the Americas | ||
Suite 2719 | ||
New York, NY 10036 | ||
Bertram L. Scott | Director | |
3601 Hampton Manor Drive | ||
Charlotte, NC 28226 | ||
George Stansfield | Director | |
AXA | ||
25, Avenue Matignon | ||
75008 Paris, France | ||
Charles G.T. Stonehill | Director | |
Founding Partner | ||
Green & Blue Advisors | ||
20 East End Avenue, Apt. 5C | ||
New York, New York 10028 | ||
OFFICER-DIRECTOR | ||
*Mark Pearson | Director and Chief Executive Officer | |
OTHER OFFICERS | ||
*Nicholas B. Lane | President | |
*José Ramón González | Chief Legal Officer and Secretary | |
*Jeffrey J. Hurd | Chief Operating Officer | |
*Robin M. Raju | Chief Financial Officer | |
*Michael B. Healy | Chief Information Officer | |
*Nicholas Huth | Chief Compliance Officer | |
*William Eckert | Chief Accounting Officer | |
*Darryl Gibbs | Chief Diversity Officer | |
*David W. Karr | Signatory Officer | |
*Jessica Baehr | Signatory Officer | |
*Mary Jean Bonadonna | Signatory Officer | |
*Eric Colby | Signatory Officer | |
*Steven M. Joenk | Chief Investment Officer | |
*Kenneth Kozlowski | Signatory Officer | |
*Carol Macaluso | Signatory Officer | |
*Hector Martinez | Signatory Officer | |
*James McCravy | Signatory Officer | |
*James Mellin | Signatory Officer | |
*Hillary Menard | Signatory Officer | |
*Kurt Meyers | Deputy General Counsel and Signatory Officer | |
*Maryanne (Masha) Mousserie | Signatory Officer | |
*Prabha (“Mary”) Ng | Chief Information Security Officer | |
*Anthony Perez | Signatory Officer | |
*Antonio Di Caro | Signatory Officer | |
*Glen Gardner | Deputy Chief Investment Officer | |
*Shelby Holllister-Share | Signatory Officer | |
*Manuel Prendes | Signatory Officer | |
*Meredith Ratajczak | Chief Actuary | |
*Aaron Sarfatti | Chief Risk Officer and Chief Strategy Officer | |
*Stephen Scanlon | Signatory Officer | |
*Samuel Schwartz | Signatory Officer | |
*Stephanie Shields | Signatory Officer | |
*Joseph M. Spagnuolo | Signatory Officer | |
*Gina Tyler | Chief Communications Officer | |
*Constance Weaver | Chief Marketing Officer | |
*Stephanie Withers | Chief Auditor | |
*Yun (“Julia”) Zhang | Treasurer |
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Item 29. | Persons Controlled by or Under Common Control with the Insurance Company or Registrant. |
Separate Account No. 49 (the “Separate Account”) is a separate account of Equitable Financial Life Insurance Company. Equitable Financial Life Insurance Company, a New York stock life insurance company, is an indirect wholly owned subsidiary of Equitable Holdings, Inc. (the “Holding Company”).
Set forth below is the subsidiary chart for the Holding Company:
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Item 30. | Indemnification |
(a) | Indemnification of Directors and Officers |
The By-Laws of Equitable Financial Life Insurance Company (the “Company”) provide, in Article VII, as follows:
7.4 | Indemnification of Directors, Officers and Employees. (a) To the extent permitted by the law of the State of New York and subject to all applicable requirements thereof: |
(i) | any person made or threatened to be made a party to any action or proceeding, whether civil or criminal, by reason of the fact that he or she, or his or her testator or intestate, is or was a director, officer or employee of the Company shall be indemnified by the Company; |
(ii) | any person made or threatened to be made a party to any action or proceeding, whether civil or criminal, by reason of the fact that he or she, or his or her testator or intestate, serves or served any other organization in any capacity at the request of the Company may be indemnified by the Company; and |
(iii) | the related expenses of any such person in any of said categories may be advanced by the Company. |
(b) | To the extent permitted by the law of the State of New York, the Company may provide for further indemnification or advancement of expenses by resolution of shareholders of the Company or the Board of Directors, by amendment of these By-Laws, or by agreement. (Business Corporation Law ss. 721-726; Insurance Law ss. 1216) |
The directors and officers of the Company are insured under policies issued by X.L. Insurance Company, Arch Insurance Company, Endurance Specialty Insurance Company, U.S. Specialty Insurance, ACE, Chubb Insurance Company, AXIS Insurance Company, Zurich Insurance Company, AWAC (Allied World Assurance Company, Ltd.), Aspen Bermuda XS, CNA, AIG, One Beacon, Nationwide, Berkley, Berkshire, SOMPO, Chubb, Markel and ARGO RE Ltd. The annual limit on such policies is $300 million, and the policies insure the officers and directors against certain liabilities arising out of their conduct in such capacities.
(b) | Indemnification of Principal Underwriters |
To the extent permitted by law of the State of New York and subject to all applicable requirements thereof, Equitable Distributors, LLC and Equitable Advisors, LLC have undertaken to indemnify each of its respective directors and officers who is made or threatened to be made a party to any action or proceeding, whether civil or criminal, by reason of the fact the director or officer, or his or her testator or intestate, is or was a director or officer of Equitable Distributors, LLC and Equitable Advisors, LLC.
(c) | Undertaking |
Insofar as indemnification for liability arising under the Securities Act of 1933 (“Act”) may be permitted to directors, officers and controlling persons of the registrant pursuant to the foregoing provisions, or otherwise, the registrant has been advised that in the opinion of the Securities and Exchange Commission such indemnification is against public policy as expressed in the Act and is, therefore, unenforceable. In the event that a claim for indemnification against such liabilities (other than the payment by the registrant of expenses incurred or paid by a director, officer or controlling person of the registrant in the successful defense of any action, suit or proceeding) is asserted by such director, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the Act and will be governed by the final adjudication of such issue.
ITEM 31. PRINCIPAL UNDERWRITERS
(a) Equitable Advisors, LLC and Equitable Distributors, LLC are the principal underwriters for Separate Accounts 49, 70, A, FP, I and 45 of Equitable Financial, EQ Advisors Trust, and of Equitable America Variable Accounts A, K, L and 70A. In addition, Equitable Advisors is the principal underwriter of Equitable Financial’s Separate Account 301.
(b) Set forth below is certain information regarding the directors and principal officers of Equitable Advisors, LLC and Equitable Distributors, LLC.
(i) | EQUITABLE ADVISORS, LLC |
NAME AND PRINCIPAL BUSINESS ADDRESS |
POSITIONS AND OFFICES WITH UNDERWRITER | |
*David Karr | Director, Chairman of the Board and Chief Executive Officer | |
*Nicholas B. Lane | Director | |
*Frank Massa | Director and President | |
*Aaron Sarfatti | Director | |
*Jessica Baehr | Director | |
*Ralph E. Browning, II | Chief Privacy Officer | |
*Mary Jean Bonadonna | Chief Risk Officer | |
*Patricia Boylan | Broker Dealer Chief Compliance Officer | |
*Yun (“Julia”) Zhang | Director, Senior Vice President and Treasurer | |
*Nia Dalley | Vice President and Chief Conflicts Officer | |
*Brett Esselburn | Vice President, Investment Sales and Financial Planning | |
*Gina Jones | Vice President and Financial Crime Officer | |
*Page Pennell | Vice President | |
*Sean Donovan | Assistant Vice President | |
*Alan Gradzki | Assistant Vice President | |
*Janie Smith | Assistant Vice President | |
*James Mellin | Chief Sales Officer | |
*Candace Scappator | Assistant Vice President, Controller and Principal Financial Officer | |
*Prabha (“Mary”) Ng | Chief Information Security Officer | |
*Alfred Ayensu-Ghartey | Vice President | |
*Joshua Katz | Vice President | |
*Christopher LaRussa | Investment Advisor Chief Compliance Officer | |
*Christian Cannon | Vice President and General Counsel | |
*Samuel Schwartz | Vice President | |
*Dennis Sullivan | Vice President | |
* Michael Cole | Vice President and Assistant Treasurer | |
*Constance (Connie) Weaver | Vice President | |
*Tony Richardson | Principal Operations Officer | |
*Michael Brudoley | Secretary | |
*Christine Medy | Assistant Secretary | |
*Francesca Divone | Assistant Secretary |
(ii) | EQUITABLE DISTRIBUTORS, LLC |
NAME AND PRINCIPAL BUSINESS ADDRESS |
POSITIONS AND OFFICES WITH UNDERWRITER | |
*Nicholas B. Lane | Director, Chairman of the Board, President and Chief Executive Officer | |
*Jessica Baehr | Director, Executive Vice President and Head of Group Retirement | |
*Hector Martinez | Director, Executive Vice President and Head of Life Business | |
*Eric Brown | Senior Vice President | |
*James Crimmins | Senior Vice President | |
*James Daniello | Senior Vice President | |
*Michael B. Healy | Senior Vice President | |
*Patrick Ferris | Senior Vice President | |
*Brett Ford | Senior Vice President | |
*Bernard Heffernon | Senior Vice President | |
*David Kahal | Senior Vice President | |
*Fred Makonnen | Senior Vice President | |
*Matthew Schirripa | Senior Vice President | |
*David Veale | Senior Vice President | |
*Arielle D’ Auguste | Vice President and General Counsel | |
*Alfred D’Urso | Vice President and Chief Compliance Officer | |
*Mark Teitelbaum | Senior Vice President | |
*Candace Scappator | Vice President, Chief Financial Officer, Principal Financial Officer and Principal Operations Officer | |
*Gina Jones | Vice President and Financial Crime Officer | |
*Yun (“Julia”) Zhang | Senior Vice President and Treasurer | |
*Francesca Divone | Secretary | |
*Richard Frink | Senior Vice President | |
*Michael J. Gass | Vice President | |
*Kathi Gopie | Vice President | |
*Timothy Jaeger | Vice President | |
*Jeremy Kachejian | Vice President | |
*Laird Johnson | Vice President | |
*Enrico Mossa | Assistant Vice President | |
*James C. Pazareskis | Assistant Vice President | |
*Caitlin Schirripa | Assistant Vice President | |
*Samuel Schwartz | Vice President | |
*Greg Seavey | Vice President | |
* Michael Cole | Assistant Treasurer | |
*Stephen Scanlon | Director, Executive Vice President and Head of Individual Retirement | |
*Prabha (“Mary”) Ng | Senior Vice President and Chief Information Security Officer | |
*Michael Brudoley | Assistant Secretary | |
*Christine Medy | Assistant Secretary | |
* Principal Business Address: 1290 Avenue of the Americas NY, NY 10140 |
(c) |
Name of Principal Underwriter |
Net Underwriting Discounts |
Compensation on Redemption |
Brokerage Commission |
Other Compensation | ||||
Equitable Advisors, LLC |
N/A | $0 | $0 | $0 | ||||
Equitable Distributors, LLC |
N/A | $0 | $0 | $0 |
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Item 32. | Location of Accounts and Records |
This information is omitted as it is provided in Registrant’s most recent report on Form N-CEN.
Item 33. | Management Services |
Not applicable.
Item 34. | Fee Representation |
The Depositor represents that the fees and charges deducted under the Contracts described in this Registration Statement, in the aggregate, are reasonable in relation to the services rendered, the expenses expected to be incurred, and the risks assumed by the Depositor under the respective Contracts.
The Registrant hereby represents that it is relying on the November 28, 1988 no-action letter (Ref. No. IP-6-88) relating to variable annuity contracts offered as funding vehicles for retirement plans meeting the requirements of Section 403(b) of the Internal Revenue Code. Registrant further represents that it will comply with the provisions of paragraphs (1)-(4) of that letter.
C-18
SIGNATURES
As required by the Securities Act of 1933 and the Investment Company Act of 1940, the Registrant certifies that it meets the requirements of Securities Act Rule 485(b) for effectiveness of this Amendment to the Registration Statement and has duly caused this Amendment to the Registration Statement to be signed on its behalf, in the City and State of New York, on this 11th day of August, 2023.
SEPARATE ACCOUNT NO. 49 | ||
(Registrant) | ||
Equitable Financial Life Insurance Company | ||
(Depositor) | ||
By: | /s/ Shane Daly | |
Shane Daly | ||
Vice President and Associate General Counsel |
SIGNATURES
As required by the Securities Act of 1933, this Registration Statement has been signed by the following persons in the capacities and on the date indicated:
PRINCIPAL EXECUTIVE OFFICER: | ||
*Mark Pearson | Chief Executive Officer and Director | |
PRINCIPAL FINANCIAL OFFICER: | ||
*Robin Raju | Chief Financial Officer | |
PRINCIPAL ACCOUNTING OFFICER: | ||
*William Eckert | Chief Accounting Officer |
*DIRECTORS: | ||||||||
Francis Hondal | Joan Lamm-Tennant | Bertram Scott | ||||||
Arlene Isaacs-Lowe | Craig MacKay |
George Stansfield | ||||||
Daniel G. Kaye | Mark Pearson | Charles G.T. Stonehill |
*By: | /s/ Shane Daly | |
Shane Daly | ||
Attorney-in-Fact | ||
August 11, 2023 |
This ‘485BPOS’ Filing | Date | Other Filings | ||
---|---|---|---|---|
11/11/23 | ||||
Filed on / Effective on: | 8/11/23 | 485BPOS | ||
5/22/23 | 485BPOS | |||
4/21/23 | 485BPOS | |||
List all Filings |