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As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 11/10/21 Equitable Financial Life Ins Co. S-3/A 20:13M Donnelley … Solutions/FA |
Document/Exhibit Description Pages Size
1: S-3/A Pre-Effective Amendment to Registration Statement HTML 1.17M
- Securities for a Transaction
19: EX-99.(23) Consent of Independent Registered Public HTML 8K
Accounting Firm
20: EX-99.(24) Powers of Attorney HTML 30K
2: EX-99.(4)(C) Form of Data Page, 2021Scsi-Dpb HTML 75K
3: EX-99.(4)(D) Form of Data Page, 2021Scsi-Dpadv HTML 67K
4: EX-99.(4)(H) Form of Rider, 2021Scsi-Al HTML 17K
5: EX-99.(4)(I) Form of Rider, Scsi-Dd HTML 12K
6: EX-99.(4)(J) Form of Rider, Scsi-Eu HTML 14K
7: EX-99.(4)(K) Form of Rider, Scsi-St HTML 12K
8: EX-99.(4)(L) Form of Rider, Scsi-Su HTML 11K
9: EX-99.(4)(M) Form of Rider, Scsi-Glwb HTML 97K
10: EX-99.(4)(N) Form of Rider, Scsi-Ropdb HTML 19K
11: EX-99.(4)(O) Form of Rider, Scsi-Havdb HTML 25K
12: EX-99.(4)(P) Form of Endorsement, 2021Scsi-Nq HTML 41K
13: EX-99.(4)(Q) Form of Endorsement, 2021Scsi-Ira HTML 60K
14: EX-99.(4)(R) Form of Endorsement, 2021Scsi-Roth HTML 65K
15: EX-99.(4)(S) Form of Endorsement, 2021Scsi-Sep-Ira HTML 64K
16: EX-99.(4)(V) Form of Application, 2021 Scsi App B HTML 50K
17: EX-99.(4)(W) Form of Application, 2021 Scsi App Adv HTML 50K
18: EX-99.(5) Opinion of Shane Daly HTML 11K
| Form of Endorsement, 2021SCSI-IRA |
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
ENDORSEMENT APPLICABLE TO TRADITIONAL IRA CONTRACTS
This Endorsement is part of your Contract and its provisions apply in lieu of any Contract provisions to the contrary. In this Endorsement, “we”, “our” and “us” mean Equitable Financial Life Insurance Company and “you” and “your” mean the Owner.
When issued with this Endorsement, and as specified in the Data Pages, this Contract is issued as an individual retirement annuity contract which meets the requirements of Section 408(b) of the Code (“IRA Contract”). The tax qualified provisions are being added to the Contract to comply with the requirements of the tax code. Compliance with the tax qualified provisions prevents loss of the advantages of tax deferral and prevents penalties.
This Contract is not offered as an Inherited Traditional IRA.
This IRA Contract is established for the exclusive benefit of you and your beneficiaries.
Your entire interest in this Contract is not forfeitable.
The provisions of this IRA Endorsement supersede any inconsistent provisions of the Contract or any other Rider or Endorsement.
The Effective Date of this Endorsement is your Contract Date.
If the Owner of this IRA Contract is a trustee or custodian under Section 408(a) of the Code and pertinent Regulations, this IRA Contract is an annuity contract that may be used to fund an individual retirement account that meets the requirements of Section 408(a) of the Code. In such a case “you” and “your” refer to the Annuitant where required by context, and the provisions of the custodial individual retirement account prevail during any period this Contract is owned by such a trustee or custodian.
PART [I] – [GENERAL] DEFINITIONS
SECTION [1.01] ANNUITANT
The following is added at the end of the existing Section:
You must be both the Annuitant and the Owner, unless the Owner is a trustee or custodian of an individual retirement account under Section 408(a) of the Code.
If the Owner of this IRA Contract is a trustee or custodian of an individual retirement account under Section 408(a) of the Code, the Annuitant must be the individual for whose benefit the individual retirement account is maintained. Benefits under this IRA Contract are determined by the age of the Annuitant.
| 2021SCSI-IRA |
The following new Section is added to your Contract:
SECTION [1.12A] ELIGIBLE DESIGNATED BENEFICIARY
“Eligible Designated Beneficiary” means, with respect to an Owner, any Beneficiary who is one of the following:
| i. | the surviving spouse of the Owner, |
| ii. | disabled (within the meaning of Section 72(m)(7) of the Code), |
| iii. | a chronically ill individual (within the meaning of Section 7702B(c)(2) of the Code, except that the requirements of subparagraph (A)(i) thereof shall be treated as met only if there is a certification that, as of such date, the period of inability described in such subparagraph with respect to the individual is an indefinite one which is reasonably expected to be lengthy in nature), or |
| iv. | an individual not described in any of the preceding clauses of this paragraph and who is |
| not | more than 10 years younger than the Owner. |
The determination of whether a Beneficiary is an Eligible Designated Beneficiary shall be made as of the date of death of the Owner. For purposes of this Contract, a child of the Owner who has not reached majority, within the meaning of Section 401(a)(9)(F) of the Code, is not considered an “Eligible Designated Beneficiary.”
The following is added at the end of the existing Section:
SECTION [1.16] NON-NATURAL OWNER
Non-Natural Owners other than a trustee or custodial IRA Owner are not permitted.
The existing Section is deleted and replaced by the following:
SECTION [1.17] OWNER
“Owner” means the individual shown as such on the cover page and in the Data Pages, who must also be the Annuitant. Joint ownership is not permitted, however, the Contract may be issued on a Joint Life basis with a spousal Successor Owner, if shown as such in the Data Pages. The Owner of this Contract cannot be changed, unless the Owner is a trustee or custodian of an individual retirement account under Section 408(a) of the Code.
Where the Contract is purchased to fund an individual retirement account under Section 408(a) of the Code, the Owner must be a trustee or custodian meeting the requirements of that Section and pertinent Regulations. The Annuitant must be the individual for whose benefit the individual retirement account is maintained. If the Owner of this IRA Contract is a trustee or custodian of an individual retirement account under Section 408(a) of the Code, the Owner may be changed to a different trustee or custodian of an individual retirement account under Section 408(a) of the Code benefiting the Annuitant. In the alternative, the ownership may be changed to the Annuitant. When the Annuitant is the Owner, any provisions of this Endorsement relating to trustee or custodial ownership have no effect.
| 2021SCSI-IRA | 2 |
The following new Section is added to your Contract:
SECTION [1.20A] REQUIRED MINIMUM DISTRIBUTION PAYMENTS.
“Required Minimum Distribution Payments” means the payments from or with respect to this IRA Contract that are required by Sections 408(b) and 401(a)(9) of the Code and which are described in the Section, “Required Minimum Distribution Rules.”
The following new Section is added to your Contract:
SECTION [1.22A] SUCCESSOR OWNER
“Successor Owner” means the individual shown as such in the Data Pages when a Joint Life Contract is owned by an individual. The Successor Owner must be the spouse of the Owner on the Contract Date.
PART [IV] – CONTRIBUTIONS AND ALLOCATIONS
The following is added at the end of the existing Section:
SECTION [4.02] LIMITS ON CONTRIBUTIONS
No Contributions will be accepted unless they are in United States currency. We reserve the right not to accept funds by electronic means unless they meet our specifications.
We indicate in the Data Pages and in this Section any limits on the type, source or amount of Contributions we will accept. Your ability to make additional Contributions may be limited as described in a Rider and/or in the Data Pages to your IRA Contract.
The initial Contribution to this IRA Contract must be a rollover contribution or a direct transfer contribution described in paragraph (b) below. We do not offer this IRA Contract to fund employer-sponsored “Simplified Employee Pension” (“SEP”) plans described in Section 408(k) of the Code or SIMPLE IRA plans described in Section 408(p) of the Code, so we do not accept contributions under those plans. We do not offer this IRA Contract as an Inherited IRA Contract so we do not accept direct transfer contributions from the Traditional IRA of a deceased IRA owner, nor do we accept direct rollover contributions from beneficiaries of deceased plan participants in eligible retirement plans.
(a) “Regular” traditional IRA Contributions; Maximum Permissible Amount
General. Except in the case of a “rollover contribution” or a “direct transfer” contribution described in paragraph (b) below, or except as noted under “Age 50”+ and “Temporary or specially directed rules” below in this paragraph (a), the total of “regular” Traditional IRA contributions described in Section 219 of the Code will not exceed $6,000 for any taxable year. This $6,000 annual dollar limit will be adjusted by the Secretary of the Treasury for cost-of-living increases under Section 219(b)(5)(C) of the Code. Such adjustments will be in multiples of $500.
Age 50+. If you are age 50 or older, the annual dollar limit on regular contributions is increased by $1,000 for any taxable year.
Temporary or specially directed rules. You may make additional contributions specifically authorized by statute if you are eligible to do so under temporary or specially directed rules, such as repayments of qualified reservist distributions, repayments of certain plan distributions made on account of a federally declared disaster and certain amounts received in connection with the Exxon Valdez litigation. We may request that you document your eligibility to make any such additional contributions.
| 2021SCSI-IRA | 3 |
(b) Rollover and Direct Transfer Contributions
A “rollover contribution” is one permitted by any of the following Sections of the Code: 402(c), 402(e)(6), 403(a)(4), 403(b)(8), 403(b)(10), 408(d)(3) and 457(e)(16). A “direct transfer” contribution is the transfer of amounts to this Contract directly from a traditional individual retirement account or another Traditional Individual Retirement Annuity Contract which meets the requirements of Section 408 of the Code.
(c) SIMPLE IRA Limits
No Contributions will be accepted under a SIMPLE IRA plan established by any employer pursuant to Code Section 408(p). Also, no transfer or rollover of funds attributable to contributions made by a particular employer under its SIMPLE IRA plan will be accepted from a SIMPLE IRA, that is, an IRA used in conjunction with a SIMPLE IRA plan, prior to the expiration of the 2-year period beginning on the date you first participated in that employer’s SIMPLE IRA plan.
PART [VI] - WITHDRAWALS AND TERMINATION
The following is added at the end of the existing Section:
SECTION [6.01] WITHDRAWALS
Withdrawals for Births and Adoptions
You may withdraw up to $5,000 from your Contract with respect to any qualified birth or adoption (“qualified birth or adoption distribution”), and such amount will not be subject to the early withdrawal penalty under Section 72(t) of the Code. A “Qualified Birth or Adoption Distribution” means any distribution from an applicable eligible retirement plan to an individual if made during the 1-year period beginning on the date on which a child of the individual is born or on which the legal adoption by the individual of an eligible adoptee (any individual, other than a child of the taxpayer’s spouse, who has not attained age 18 or is physically or mentally incapable of self-support) is finalized. Subject to the contribution limits and rules under your Contract, such distributions may be repaid in one or more payments.
PART [VII]- PAYMENT UPON DEATH
The following sentence is added at the end of the second paragraph of the existing Section:
SECTION [7.01] BENEFICIARY
Unless you specifically elect in writing otherwise, we will treat each Beneficiary’s share of the Death Benefit payable as a separate account for the benefit of each Beneficiary as described in Treasury Regulation Section 1.401(a)(9)-8 Q&A A-2(a)(2) or any successor Regulation.
If the Contract is issued as a Joint Life Contract, the surviving Successor Owner will be deemed the Beneficiary, superseding any other inconsistent Beneficiary designation(s).
| 2021SCSI-IRA | 4 |
The following is added at the end of the existing Section:
SECTION [7.02] PAYMENT UPON DEATH
Payment upon death is subject to the “Required Minimum Distribution” rules of Sections 408(b) and 401(a)(9) of the Code. See the Section, “Required Minimum Distribution Rules”.
If the Owner and the Annuitant are different because the Owner of the Contract is a trustee or custodian under Section 408(a) of the Code and pertinent Regulations, in this Section “you” refers to the Annuitant, and your surviving spouse can be named successor Annuitant.
Under either of the following two alternative circumstances a Death Benefit described in this Section will not be paid at your death before the [Contract] Maturity Date and the coverage under this Contract will continue as described in paragraph I or II below, whichever is applicable. For the purposes of this Endorsement the references below to “Owner” and “Successor Owner” also include “Annuitant” and “Joint Annuitant”, as applicable.
| I. | Spousal Continuation: If your surviving spouse elects to continue the Contract, your surviving spouse must be age [98] or younger as of the [Owner’s (Annuitant’s in the event of a Non-Natural Owner) date of death]. |
| A. | For Single Life Contracts: If you are married at your death, the person named as sole Beneficiary under the “Beneficiary” Section of this Contract is your surviving spouse, and your surviving spouse elects to continue the Contract, no additional Contributions to the Contract may be made, the Death Benefit Rider and Guaranteed Lifetime Withdrawal Benefit Rider terminate, and any applicable charges will no longer apply as of the [Owner’s (Annuitant’s) date of death]. |
The Annuity Account Value (“AAV”) of the Contract will be reset, as of the [Payment Transaction Date], to equal the greater of (i) Annuity Account Value on the [Payment Transaction Date], or (ii) the Death Benefit Rider’s benefit base amount on the [Owner’s (Annuitant’s) date of death]. Any additional amount of Annuity Account Value will be allocated in accordance with your current allocation instructions on file.
| B. | For Joint Life Contracts: |
| (1) | Death of the Owner: Upon your death, the Successor Owner who is also your surviving spouse continues the
Contract as the sole Owner and no Death Benefit is payable. The Contract continues until the death of the Successor Owner as described under subsection (2) below. Withdrawal Charges, if applicable, will continue to apply to all Contributions
made either prior to or subsequent |
| (2) | Death of the Successor Owner: Upon the death of the Successor Owner, both the Contract and Rider terminate, and any applicable charge will no longer apply as of the Successor [Owner’s (Annuitant’s) date of death]. We will pay the Beneficiary the greater of: (i) the Annuity Account Value as of the [Payment Transaction Date], or (ii) the Death Benefit Rider’s benefit base amount as of the Successor [Owner’s (Annuitant’s) date of death]. Any additional amount of AAV will be allocated in accordance with your current allocation instructions on file. |
An Owner may not designate a new Successor Owner upon the death of the Successor Owner, nor may a Successor Owner designate a new Successor Owner upon the death of the Owner.
| 2021SCSI-IRA | 5 |
| II. | Beneficiary Continuation Option: If a named Beneficiary who is an individual elects to become a “Continuation Beneficiary”, under the “Beneficiary Continuation Option” described below in this Endorsement. |
If the “Beneficiary Continuation Option” described in Section 7.04 is in effect, the entire interest in this Contract will be paid out after your death under the Beneficiary Continuation Option in accordance with requirements described in Section [8.08], Subsection [B] (Required Minimum Distribution Rules-Payment After Your Death). Withdrawal Charges will no longer apply and no additional Contributions may be made to the Contract after your death.
Effect of Death on Amounts Allocated to the Structured Investment Option
If amounts are allocated to any Segment in the Structured Investment Option at the time of your death, amounts in such Segments remain in the Segments until (i) the earlier of (a) the Segment Maturity Date or (b) the Transaction Date on which a transfer out of any such Segment is made or a withdrawal is taken or (ii) in the case of Contracts continued under the Beneficiary Continuation Option described in this Endorsement, at the end of the period by which your Beneficiary’s interest must be distributed. A Beneficiary or surviving Successor Owner continuing the Contract may allocate amounts to a Segment but not to a Segment Type with a duration that is longer than the Beneficiary’s or surviving Successor Owner’s any applicable remaining distribution period. Such Beneficiary or surviving Successor Owner who may not allocate amounts to a Segment due to the Segment Duration limitations discussed in the former sentence, may only allocate amounts to the Variable Investment Option. Amounts will not be transferred from a Segment Type Holding Account or Segment into a Segment if the Segment Maturity Date will be later than the remaining distribution period. Any amounts in such Segment Type Holding Account or Segment will be automatically transferred to the [EQ/Money Market Variable Investment Option]. Under a Joint Life Contract, the surviving Successor Owner is subject to the Segment Participation Requirements, described in Section 4.01A of the Contract.
Spousal Continuation under the Structured Investment Option
If the Contract continues under Spousal Continuation, your surviving spouse may make any changes regarding allocation to any Segment under the Structured Investment Option that you would have been eligible to make during your life subject to the Segment Participation Requirements, described in Section 4.01A of the Contract or unless otherwise restricted in an Endorsement attached hereto.
Effect of Divorce on Required Payments at Death:
If the Contract is issued as a Joint Life Contract, you and your spouse named as Successor Owner subsequently divorce, and the Contract is not split, then the following applies on your death before a supplementary contract has been issued. (On your death after a supplementary contract has been issued, any payments will be made pursuant to the terms of the supplementary contract.)
Payments will be made to the surviving Successor Owner, not the Beneficiary, in accordance with Item [8.08], Subsection [B] “Minimum Distribution Rules – Required Payments After Death.”
The surviving Successor Owner may elect the Beneficiary Continuation Option described in Item [7.04].
If the surviving Successor Owner elects to or is required to take distribution of the entire interest in the Contract within ten years after your death, in accordance with Item [8.08], Subsection [B, then he/she has the option to terminate the Guaranteed Lifetime Withdrawal Benefit Rider on written request to us.
| 2021SCSI-IRA | 6 |
If the former spouse named as the Successor Owner is the first to die, there is no effect on the payments under your Guaranteed Lifetime Withdrawal Benefit Rider. The Income Measuring Life under the Contract remains unchanged.
The following new Section is added to your Contract:
SECTION [7.04] BENEFICIARY CONTINUATION OPTION
This Section applies only if you die before the [Contract] Maturity Date, and the Beneficiary named under the “Beneficiary” Section of this Contract is an individual. With the exception of the following paragraph, this Section does not apply to any Beneficiary that is not an individual, and that non-individual Beneficiary’s portion of the Death Benefit described in the “Payment Upon Death” Section of this Contract is payable to the Beneficiary.
Subject to our approval, this Section applies to a non-individual Beneficiary only if it is a “see-through trust” described in Treasury Regulation Section 1.401(a)(9)-4 Q-A A-5, or any successor Regulation, is the Beneficiary named in the “Beneficiary” Section of this Contract, and is permitted under Section 401(a)(9) of the Code, including the Treasury Regulations that apply, to continue this Contract.
If the Beneficiary qualifies to continue this Contract, and we receive that Beneficiary’s completed election no later than September 30 of the calendar year following the calendar year of your death and before any contrary election is made, that Beneficiary may continue your Contract pursuant to this Section under the terms set forth in (a) through (h) below. Each such Beneficiary electing to continue his or her portion of the interest in this Contract is a “Continuation Beneficiary”. For any Beneficiary who does not timely elect to continue his or her portion of the interest in this Contract, we will pay in a single sum that Beneficiary’s share of the Death Benefit pursuant to the “Payment Upon Death” Section of this Contract.
The terms of the Beneficiary Continuation Option are as follows:
| (a) | This Contract cannot be assigned and must continue in your name for benefit of your Continuation Beneficiary. The Continuation Beneficiary may not assign his/her portion of the entire interest in this Contract. |
| (b) | The Continuation Beneficiary automatically becomes the new Owner with respect to that Continuation Beneficiary’s portion of the entire interest in this Contract. |
| (c) | The Continuation Beneficiary may transfer amounts or make changes regarding an allocation to any Variable Investment Option or Segment, subject to the Segment Participation Requirements, described in Section 4.01A of the Contract, with respect to the Continuation Beneficiary’s share of the interest in the Contract. |
| (d) | The Continuation Beneficiary cannot make any additional Contributions to this Contract. |
| (e) | Distributions to the Continuation Beneficiary with respect to that Continuation Beneficiary’s portion of the entire interest in this Contract will be made in accordance with requirements described in Section [8.08], Subsection B (Required Minimum Distribution Rules–Payments After Your Death). |
| (f) | The Beneficiary Continuation Option for an Eligible Designated Beneficiary is designed to pay out at least annually the post-death Required Minimum Distribution payment calculated for a Continuation Beneficiary’s portion of the entire interest in this Contract. If a Continuation Beneficiary elects to take all or part of any such Required Minimum Distribution payment from another of your traditional individual retirement arrangements under which you also designated that Continuation |
| 2021SCSI-IRA | 7 |
| Beneficiary as Beneficiary, as described in Section [8.08], Subsection B (Required Minimum Distribution Rules–Payments After Your Death) in order for us to suspend such payment, that Continuation Beneficiary must give us advance notice in accordance with our procedures at the time. |
| (g) | A Continuation Beneficiary may withdraw the Annuity Account Value apportioned to such Continuation Beneficiary at any time. |
| (h) | Upon a Continuation Beneficiary’s death, we will make a single sum payment to the person designated by the deceased Continuation Beneficiary to receive that deceased Continuation Beneficiary’s portion of the Annuity Account Value, if any remains. In the alternative, the deceased Continuation Beneficiary’s designated Beneficiary may elect to continue the payment method originally elected by the deceased Continuation Beneficiary subject to Section [8.08], Subsection [B] (Required Minimum Distribution Rules–Payments After Your Death). |
PART [VIII] - ANNUITY BENEFITS is changed to:
“ANNUITY BENEFITS AND REQUIRED MINIMUM DISTRIBUTIONS”
The following new Section is added to your Contract:
SECTION [8.08] REQUIRED MINIMUM DISTRIBUTION RULES
This Contract is subject to the “Required Minimum Distribution” rules of Sections 408(b) and 401(a)(9) of the Code, including the Treasury Regulations that apply. To the extent that any payment, benefit, or distribution options available to you under this Contract conflict with the Code, the Code requirements prevail.
Subsection A below describes the Required Minimum Distributions to be made during your lifetime. Subsection B below describes the Required Minimum Distributions to be made after your death, if you die before your entire interest in this Contract is distributed to you. The Required Minimum Distribution rules may be satisfied by either electing an Annuity Benefit or by taking withdrawals at least annually from or with respect to your entire interest in this Contract, all as subject to these rules.
If you choose annual withdrawals, your annual Required Minimum Distribution payments calculated for this Contract may be made from this Contract or from another individual retirement arrangement that you maintain, pursuant to Treasury Regulation Section 1.408-8. If you do not take lifetime Required Minimum Distribution payments from this Contract, we will assume that you are taking them from another individual retirement arrangement that you maintain.
For purposes of both the “lifetime” Required Minimum Distribution rules and the Required Minimum Distribution rules after death, the following definitions and conditions apply:
Your “entire interest” in this Contract for purposes of the Required Minimum Distribution Rules. Your “entire interest” in this Contract includes the amount of any outstanding rollover, transfer and recharacterization under Q&As-7 and -8 of Treasury Regulation Section 1.408-8 or any successor Regulation and, in addition to the dollar amount credited, the actuarial present value of any additional benefits provided under this IRA Contract.
Required Beginning Date. Your “Required Beginning Date” is the first day of April following the calendar year in which you attain age 72 (or age 70 1⁄2 if you were born on or before June 30, 1949).
| 2021SCSI-IRA | 8 |
This is the latest date when your lifetime Required Minimum Distribution payments with respect to this Contract can start.
Designated Beneficiary. The term “Designated Beneficiary” means any individual designated as your Beneficiary. This term will be interpreted consistently with Code Section 401(a)(9)(E) and the Treasury Regulations thereunder.
A. Required Minimum Distribution Rules -Payments During Your Life
Notwithstanding any provision of this Contract to the contrary, the distribution of your entire interest in this Contract will be made in accordance with the requirements of Section 408(b)(3) of the Code and the Treasury Regulations thereunder, the provisions of which are herein incorporated by reference. Prior to the date that this Contract is annuitized, the distribution of your interest in this Contract must satisfy the requirements of Section 408(a)(6) of the Code and the Regulations thereunder.
Your entire interest in this Contract will be distributed or begin to be distributed no later than your Required Beginning Date defined above. Your entire interest may be distributed, as you elect under one of the following methods or any other method we may make available at such time that meets the requirements of the Code and the Treasury Regulations thereunder:
| (i) | a lump sum payment; |
| (ii) | payments over your life; |
| (iii) | payments over your life and the life of your Designated Beneficiary who is an Eligible Designated Beneficiary; or |
| (iv) | payments over a period certain not extending beyond your life expectancy, or |
| (v) | payments over a period certain not extending beyond the joint and last survivor expectancy of you and your Designated Beneficiary, who is an Eligible Designated Beneficiary. |
The “lifetime” Required Minimum Distribution payments must be made in periodic payments at intervals of no longer than 1 year and must be either nonincreasing or they may increase only as provided in Q&As A-1, A-4 and A-14 of Treasury Regulation Section 1.401(a)(9)-6 or any successor Regulation. In addition, any distribution must satisfy the incidental benefit requirements specified in Q&A A-2 of Treasury Regulation Section 1.401(a)(9)-6 or any successor Regulation.
The distribution periods described in the second preceding paragraph cannot exceed the periods specified in Section 1.401(a)(9)-6 of the Treasury Regulations or any successor Regulation.
The first lifetime Required Minimum Distribution payment can be made as late as April 1 of the year following the year you attain age 72 (or attain age 70 1⁄2 if you were born on or before June 30, 1949) and must be the payment that is required for one payment interval. The second payment need not be made until the end of the next payment interval.
B. Required Minimum Distribution Rules – Payments After Your Death
(a) If you die before the distribution of your entire interest and the Beneficiary is a Designated Beneficiary:
| (1) | General Rule: Subject to the exception for an Eligible Designated Beneficiary in paragraph (a)(2), the entire interest will be distributed as permitted by us and applicable federal tax law within ten years after your death. |
| (2) | Exception for Eligible Designated Beneficiaries: If any portion of your interest is payable to (or for the benefit of) an Eligible Designated Beneficiary, such portion will be distributed as permitted by us and applicable federal tax law – |
| 2021SCSI-IRA | 9 |
| (I) | over the life of such Eligible Designated Beneficiary, or over a period not extending beyond the life expectancy of such Eligible Designated Beneficiary, starting no later than the end of the calendar year following the calendar year of your death (or the end of the calendar year in which you would have attained age 72 (or age 701⁄2 if you were born on or before June 30, 1949), if later, and the sole designated Beneficiary is your surviving spouse), or |
| (II) | within ten years after your death. |
| (3) | Rules upon death of an Eligible Designated Beneficiary: |
| (I) | If an Eligible Designated Beneficiary dies before the portion of your interest to which this paragraph (a) applies is entirely distributed, the exception under paragraph (a)(2)(I) shall not apply to any Beneficiary of such Eligible Designated Beneficiary and the remainder of such portion shall be distributed within ten years after the death of such Eligible Designated Beneficiary. |
| (II) | If the Eligible Designated Beneficiary is your surviving spouse and your surviving spouse dies before distributions to such spouse under paragraph (a)(2)(I) begin, this paragraph (a) shall be applied as if the surviving spouse were you. |
For this purpose, distributions are considered to commence on the date distributions are required to begin to the surviving spouse under paragraph (a))(I). However, if distributions start prior to the applicable date in the preceding sentence, on an irrevocable basis (except for acceleration) in the form of annuity payments meeting the requirements of Treasury Regulation Section 1.401(a)(9)-6 or any successor Regulation, then required distributions are considered to commence on the annuity starting date.
| (4) | Rules upon death of a Designated Beneficiary who is not an Eligible Designated Beneficiary: If a Designated Beneficiary who is not an Eligible Designated Beneficiary dies before the portion of your interest to which this paragraph (a) applies is entirely distributed, the remainder of such portion shall be distributed within the original 10-year period that commenced with your death. |
(b) If you die before the distribution of your entire interest under this annuity contract and the Beneficiary is not a Designated Beneficiary, unless otherwise provided under applicable federal tax law, the remaining interest will be distributed as follows:
(1) If you die on or after the Required Beginning Date (or die on or after the date annuity payments commence if distributions commence prior to the Required Beginning Date in the form of annuity payments in accordance with the provisions of Q&A-1 of Treasury Regulation Section 1.401(a)(9)-6 or any successor Regulation), the remaining interest will be distributed in accordance with Code Section 401(a)(9) and the Treasury Regulations thereunder at least as rapidly as under the method of distributions being used as of the date of your death.
(2) If you die prior to the Required Beginning Date (and prior to the date annuity payments commence), the remaining interest will be distributed by the end of the calendar year containing the fifth anniversary of your death.
(c) Life expectancy is determined using the Single Life Table in Q&A-1 of Treasury Regulation Section 1.401(a)(9)-9 or any successor Regulation. If distributions are being made to a surviving spouse as the sole Designated Beneficiary, such spouse’s remaining life expectancy for a calendar year is the number in the Single Life Table corresponding to such spouse’s age in the year. In all other cases, where the Designated
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Beneficiary is an Eligible Designated Beneficiary other than your spouse, remaining life expectancy for a calendar year is the number in the Single Life Table corresponding to the Beneficiary’s age as of his or her birthday in the calendar year following the calendar year of your death and reduced by 1 for each subsequent year. If distributions are being made in the form of annuity payments, life expectancy will not be recalculated.
(d) If the sole Designated Beneficiary is your surviving spouse, and the Spousal Continuation option described in the Section, “Payment Upon Death” is in effect, or if the Contract is issued as a Joint Life Contract, and the Successor Owner named in the Contract is also your spouse at your death, distribution of your interest in this Contract need not be made until your surviving spouse’s Required Beginning Date for lifetime Required Minimum Distributions described above in Subsection A of this Section, or your surviving spouse’s death if earlier.
(e) Potential aggregation with your other traditional individual retirement arrangements. The required minimum distributions payable to a Beneficiary with respect to this IRA Contract (other than a distribution made in the form of an annuity payment) may be withdrawn from another IRA the Beneficiary holds from the same decedent in accordance with Treasury Regulation Section 1.408-8, Q&A A-9. We may request that a Beneficiary document eligibility to take withdrawals from another of your other traditional individual retirement arrangements.
PART [X] - GENERAL PROVISIONS
The following is added at the end of the existing Section:
SECTION [10.02] STATUTORY COMPLIANCE
If this Contract fails to qualify as an individual retirement annuity under Section 408(b) of the Code, we will have the right to terminate this Contract. We may do so, upon receipt of notice of such fact, before the [Contract] Maturity Date, or a supplementary contract has been issued. In that case, we will pay the Annuity Account Value less a deduction for the part which applies to any Federal income tax payable by you which would not have been payable with respect to an individual retirement annuity which meets the terms of Sections 408(b) of the Code. However, we may also, at your request, transfer the Annuity Account Value to another annuity contract issued by an affiliate, subsidiary or us.
The following is added at the end of the existing Section:
SECTION [10.04] REPORTS AND NOTICES
We will send you a report as of the end of each calendar year showing the status of this Contract and any other reports required by the Code. We will also send to you information on Required Minimum Distributions as is prescribed by the Commissioner of Internal Revenue.
The existing Section is deleted and replaced by the following:
SECTION [10.05 ] ASSIGNMENTS AND TRANSFERABILITY
You may not transfer this Contract.
No portion of your interest in this Contract or your rights under this Contract may be sold, assigned, pledged or transferred to any person other than the issuer of this Contract, or discounted, encumbered or pledged as collateral for a loan or as security for the performance of an obligation.
| 2021SCSI-IRA | 11 |
[The following new Section is added to your Contract:]
SECTION [10.10] CHANGE IN OWNER
The Ownership of this IRA Contract cannot be changed, except as described below.
Where this Contract is purchased to fund an individual retirement account under Section 408(a) of the Code, the Owner may be a trustee or custodian meeting the requirements of that Section and pertinent Regulations. The Annuitant must be the individual for whose benefit the individual retirement account is maintained. If the Owner of this IRA Contract is a trustee or custodian of an individual retirement account under Section 408(a) of the Code, the Owner may be changed to a different trustee or custodian of an individual retirement account under Section 408(a) of the Code benefiting the Annuitant. In the alternative, the ownership may be changed to the Annuitant. When the Annuitant is the Owner, any provisions of this Endorsement relating to trustee or custodial ownership have no effect.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
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| Mark Pearson, | José Ramón González, | |
| Chief Executive Officer ] | Senior Executive Director, General Counsel and Secretary] |
| 2021SCSI-IRA | 12 |
| This ‘S-3/A’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
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| Filed on: | 11/10/21 | None on these Dates | ||
| List all Filings | ||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 4/19/24 Equitable Financial Life Ins Co. S-3/A 9:2.6M Donnelley … Solutions/FA 2/15/24 Equitable Financial Life Ins Co. S-3 4:2.4M Donnelley … Solutions/FA 4/19/23 Equitable Financial Life Ins Co. S-3/A 5:2.4M Donnelley … Solutions/FA 1/23/23 Equitable Financial Life Ins Co. S-3 4:2.4M Donnelley … Solutions/FA 12/13/22 Equitable Financial Life Ins Co. POS AM 6:435K Donnelley … Solutions/FA 9/15/22 Equitable Financial Life Ins Co. POS AM 3:389K Donnelley … Solutions/FA |