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– Release Delayed ·As Of Filer Filing For·On·As Docs:Size 8/13/20 Jnlny Separate Account I 485APOS¶ 8/13/20 3:566K → Jnlny Separate Account I ⇒ NY Perspective II (Contracts offered for sale on & after June 24, 2019) |
Document/Exhibit Description Pages Size 1: 485APOS Post-Effective Amendment of a Form N-1 or N-1A HTML 190K Registration 3: CORRESP Comment-Response or Other Letter to the SEC HTML 13K 2: EX-99.9 Exhibit 99.9 Legal Opinion HTML 9K
485(a) NY PII (After 6-24-19) (08-13-20) Combined Document |
REGISTRATION
STATEMENT UNDER THE SECURITIES ACT OF 1933 | [ ] | |
Pre-Effective Amendment No. | [ ] | |
Post-Effective Amendment No. 6 | [X] | |
and/or |
Amendment No. 548 | [X] |
Approximate
Date of Proposed Public Offering: | ||
It is proposed that this filing will become effective (check appropriate box) | ||
[ ] | immediately upon filing pursuant to paragraph (b) | |
[ ] | on (date) pursuant to paragraph (b) | |
[X] | 60 days after filing pursuant to paragraph (a)(1) | |
[ ] | on
(date) pursuant to paragraph (a)(1). | |
If appropriate, check the following box: | ||
[ ] | this post-effective amendment designates a new effective date for a previously filed post-effective amendment | |
Title of Securities Being Registered: the variable portion of Flexible Premium Variable and Fixed Deferred Annuity contracts |
Ø | On the cover page of the prospectus, immediately after the second paragraph, the following paragraph is inserted: |
Ø | In
the Table of Contents of the prospectus, new line-items for newly added appendices are added as follows: |
APPENDIX E (Historical GAWA Percentages) | E-1 |
APPENDIX F (Historical GWB Adjustment Percentages) | F-1 |
APPENDIX G (Historical GMWB Bonus Percentages) | G-1 |
Ø | In
the section titled “Glossary” on page 1 of the prospectus, a new definition for Rate Sheet Prospectus Supplement is added as follows: |
Ø | In the table titled “Periodic
Expenses”, appearing under “FEES AND EXPENSES TABLES” on page 5 of the prospectus, the line items for the following add-on benefits are deleted and replaced with the following: |
Maximum Annual Charge | Current Annual Charge | |
For
Life GMWB With Bonus and Step-Up to the Highest Quarterly Contract Value (“LifeGuard Freedom Flex® GMWB”) with the Income Stream Max GAWA% Table, Bonus III, and Annual Step-Up 14 | 3.00% | 1.68% |
Joint For Life GMWB With Bonus and Step-Up to the Highest Quarterly Contract Value (“LifeGuard Freedom Flex® With Joint Option GMWB”) with the Income Stream Max GAWA% Table, Bonus III, and Annual Step-Up 15 | 3.00% | 1.80% |
Ø | In
the section titled “Optional Death Benefit - LifeGuard Freedom Flex DB NY Charge.” appearing under “Contract Charges.” on page 39 of the prospectus, the first paragraph is deleted and replaced with the following: |
Ø | In the sections titled “For Life Guaranteed Minimum Withdrawal Benefit With Bonus And Step-Up (“LifeGuard Freedom Flex
GMWB”) Charge.” and “Joint For Life Guaranteed Minimum Withdrawal Benefit With Bonus And Step-Up (“LifeGuard Freedom Flex With Joint Option GMWB”) Charge.” appearing under “CONTRACT CHARGES” on pages 43 and 44, respectively, of the prospectus, all references to the 4% Bonus are replaced with references to “Bonus I,” all references to the 5% Bonus are replaced with references to “Bonus II,” and all references to the 6% Bonus are replaced with references to “Bonus III.” |
Ø | In the subsections titled “Bonus” appearing
under both the section titled “For Life Guaranteed Minimum Withdrawal Benefit with Bonus, Annual Step-Up and Earnings-Sensitive Withdrawal Amount (“LifeGuard Freedom Net GMWB”).” and the section titled “Joint For Life Guaranteed Minimum Withdrawal Benefit With Bonus, Annual Step-Up And Earnings-Sensitive Withdrawal Amount (“LifeGuard Freedom Net With Joint Option GMWB”).” on pages 71 and 84, respectively, of the prospectus, the following revisions are made: |
1. | all references to the "5% Bonus" generally, and references to "5% of the Bonus
Base" are deleted and replaced with references to "a percentage,"; and |
2. | In the first paragraph of the subsection, the following language is inserted immediately after the second sentence: |
Ø | In
the section titled “Guaranteed Minimum Withdrawal Benefits for a Single Life or two Covered Lives with Combinations of Optional Bonus Percentage Amounts, Annual or Quarterly Contract Value-Based Step-Ups, and Guaranteed Death Benefit (“LifeGuard Freedom Flex GMWB” and “LifeGuard Freedom Flex with Joint Option GMWB”).” on page 85 of the prospectus, the following changes are made: |
• | a range of bonus percentage amounts (Current bonus percentage amounts
are disclosed in a Rate Sheet Prospectus Supplement. To obtain a copy, please visit www.jackson.com. For a list of historical bonus percentages, please see “Appendix G (Historical GMWB Bonus Percentages).”), |
2. | In the "Available Option Combinations" tables for the LifeGuard Freedom Flex and LifeGuard Freedom Flex with Joint Option GMWBs, all references to the 4% Bonus are replaced with references to "Bonus I," all references to the 5% Bonus are replaced with references to "Bonus II," and all references to the 6% Bonus are replaced with references to "Bonus
III." |
3. | The footnote regarding the availability of the LifeGuard Freedom Flex DB NY Death Benefit, immediately following the “Available Option Combinations” tables, is deleted and replaced with the following: |
Ø | In the subsections titled “Step-up” appearing under both the section titled “LifeGuard Freedom Flex GMWB” and the section titled “LifeGuard Freedom Flex With Joint Option GMWB” on pages 92 and 102, respectively, of the prospectus, in the first paragraph, all references to specific
Bonus percentages are deleted, and the following new sentence is inserted at the end of the paragraph: |
Ø | In the subsection titled “Owner’s Death” appearing under the section titled “LifeGuard Freedom Flex GMWB” on page 93 of the prospectus, the second paragraph is deleted and replaced with the following: |
Ø | In the subsections titled “Bonus” appearing under both the section titled “LifeGuard Freedom Flex GMWB”
and the section titled “LifeGuard Freedom Flex With Joint Option GMWB” on pages 95 and 106, respectively, of the prospectus, the following revisions are made: |
1. | All references to specific Bonus percentages are deleted and replaced with references to “a percentage,”; |
2. | References to "4, 5 or 6% of the Bonus Base" are replaced
by "a percentage of the Bonus Base, determined by your Bonus option election"; and |
3. | In the first paragraph of the subsection, the following language is inserted immediately after the second sentence: |
Ø | In the section titled “DEATH BENEFIT” on page 131 of the prospectus, the first paragraph is deleted and replaced with the following: |
Ø | In
the section titled “Optional Death Benefits.” on page 132 of the prospectus, the second paragraph is deleted and replaced with the following: |
Ø | In the subsection
titled “LifeGuard Freedom Flex DB NY” appearing under the section titled “Optional Death Benefits.” on page 133 of the prospectus, the following revisions are made: |
1. | all references to specific Bonus percentage requirements for election of the LifeGuard Freedom Flex Death Benefit, both current and historical, are deleted and replaced with references to “Bonus II”; and |
2. | In
the second paragraph, the fifth sentence is deleted and replaced with the following: |
Ø | A new Appendix is added to the prospectus, as follows: |
I. | LifeGuard Freedom Net GMWB |
II. | LifeGuard
Freedom Net With Joint Option GMWB |
III. | LifeGuard Freedom Flex GMWB |
IV. | LifeGuard
Freedom Flex With Joint Option GMWB |
V. | LifeGuard Freedom Flex DB NY |
Ø | In the subsections titled “Guaranteed Withdrawal Balance Adjustment.” appearing under both the section titled “For Life Guaranteed Minimum Withdrawal Benefit with Bonus, Annual Step-Up and Earnings-Sensitive Withdrawal Amount (“LifeGuard Freedom Net GMWB”).” and the section titled “Joint For Life Guaranteed Minimum Withdrawal Benefit With Bonus,
Annual Step-Up And Earnings-Sensitive Withdrawal Amount (“LifeGuard Freedom Net With Joint Option GMWB”).” on pages 67 and 79, respectively, of the prospectus, in the third paragraph, the first and second bullet points under the header “The GWB adjustment is determined as follows:” are deleted and replaced with the following: |
• | On the effective date of this endorsement, the GWB adjustment is equal to a percentage of the GWB, subject to a maximum of $10 million. The current GWB adjustment percentages are disclosed in a Rate Sheet Pr |
• | With each subsequent Premium received after this GMWB is effective and prior to the first Contract Anniversary following this GMWB’s effective date, the GWB adjustment is recalculated to equal the GWB adjustment prior to the Premium payment plus
the GWB adjustment percentage of the Premium payment, net of any applicable Premium taxes, subject to a maximum of $10 million. (See Example 3 in Appendix C under section “II. LifeGuard Freedom Net”.) |
Ø | In the subsections titled “Guaranteed Withdrawal Balance Adjustment.” appearing under both the section titled “LifeGuard Freedom Flex GMWB” and the section titled “LifeGuard Freedom Flex With Joint Option GMWB” on pages 91 and 101, respectively, of the prospectus, in the third paragraph, the first bullet
point under the header “The GWB adjustment is determined as follows:” is deleted and replaced with the following: |
• | On the effective date of this endorsement, the GWB adjustment is equal to a percentage of the GWB, subject to a maximum of $10 million. The GWB adjustment percentage varies depending on which Bonus option is elected. Current GWB adjustment percentages are disclosed in a Rate Sheet Prospectus Supplement. To obtain a copy, please visit www.jackson.com. For a list of historical GWB adjustment percentages, please see “Appendix F (Historical GWB Adjustment Percentages).” For
more information about the available Bonus options, please see “Bonus” below. |
Ø | A new Appendix is added to the prospectus, as follows: |
I. | LifeGuard
Freedom Net GMWB |
II. | LifeGuard Freedom Net With Joint Option GMWB |
III. | LifeGuard
Freedom Flex GMWB |
IV. | LifeGuard Freedom Flex With Joint Option GMWB |
Ø | In the subsections titled “Withdrawals.” appearing under both the section titled “For Life Guaranteed Minimum Withdrawal Benefit with Bonus, Annual Step-Up and Earnings-Sensitive Withdrawal Amount (“LifeGuard Freedom Net GMWB”).” and the section titled “Joint For Life Guaranteed Minimum Withdrawal Benefit With Bonus, Annual Step-Up And Earnings-Sensitive Withdrawal Amount (“LifeGuard Freedom Net With Joint Option GMWB”).”
on pages 63 and 75, respectively, of the prospectus, the first four paragraphs are deleted and replaced with the following: |
• | When
we issue your Contract we will deliver a copy of the prospectus that includes the notice of change of GAWA percentages in the form of a Rate Sheet Prospectus Supplement to you. You will have until the end of the Free Look period to cancel your Contract and this GMWB by returning the Contract to us pursuant to the provisions of the Free Look section (please see “Free Look” on page 142). |
• | If you are an existing Owner and are eligible to elect this GMWB after the Issue Date, at the time we change the GAWA percentages we will send you the notice of change of GAWA percentages in the form of a Rate Sheet Prospectus Supplement. If you later elect this
GMWB, when we receive your election, we will send you the required endorsement with a duplicate notice of change of GAWA percentages. You will have 30 days after receiving the notice to cancel your election of this GMWB by returning the endorsement to us. |
Ø | In the subsections titled “Withdrawals.” appearing under both the section titled “LifeGuard Freedom Flex GMWB” and the section titled “LifeGuard Freedom Flex With Joint Option GMWB” on pages 90 and 100, respectively, of the prospectus, the first four paragraphs of the subsections are deleted and replaced with the following: |
• | When we issue your Contract we will deliver a copy of the prospectus that includes the notice of change of GAWA percentages in the form of a Rate Sheet Prospectus Supplement to you. You will have until the end of the Free
Look period to cancel your Contract and this GMWB by returning the Contract to us pursuant to the provisions of the Free Look section (please see “Free Look” on page 142). |
• | If you are an existing Owner and are eligible to elect this GMWB after the Issue Date, at the time we change the GAWA percentages we will send you the notice of change of GAWA percentages in the form of a Rate Sheet Prospectus Supplement. If you later elect this GMWB, when we receive your election, we will send you the required endorsement with a duplicate notice of change of GAWA percentages. You will have 30 days after receiving the notice to cancel your election of this
GMWB by returning the endorsement to us. |
Ø | A
new Appendix is added to the prospectus, as follows: |
I. | LifeGuard Freedom Net GMWB |
II. | LifeGuard
Freedom Net With Joint Option GMWB |
III. | LifeGuard Freedom Flex GMWB |
7%
Bonus Option | ||
Ages | Income Stream Max GAWA% Table | Income Stream Value GAWA% Table |
35 – 64 | 4.00% | 3.00% |
65 – 69 | 4.50% | 3.50% |
70 – 74 | 5.00% | 4.00% |
75
– 80 | 5.50% | 4.50% |
81+ | 6.00% | 5.00% |
IV. | LifeGuard Freedom Flex With Joint Option GMWB |
Exhibit | Description |
1. |
2. | Not Applicable. |
a. |
b. |
a. |
b. |
c. |
d. |
e. |
f. |
g. |
h. |
i. |
j. |
k. |
l. |
m. |
n. |
o. |
p. |
q. |
r. |
s. |
t. |
u. |
v. |
w. |
x. |
y. |
z. |
aa. |
bb. |
cc. |
dd. |
a. |
b. |
c. |
d. |
a. |
b. |
c. |
a. |
b. |
8. |
9. | Opinion
and Consent of Counsel, attached hereto. |
10. | Consent of Independent Registered Public Accounting Firm, to be filed by amendment. |
11. | Not Applicable. |
12. | Not
Applicable. |
Name and Principal Business Address | Positions and Offices with Depositor |
2900 Westchester Ave. | Director |
Michigan State University C337 Wells Hall 619 Red Cedar Road | Director |
2900 Westchester Ave. | Director |
300 Innovation Drive | Director |
300 Innovation Drive | President |
1 Corporate Way | Executive
Vice President & Chief Financial Officer |
Andrew J. Bowden 1 Corporate Way | Executive Vice President, General Counsel & Secretary |
300 Innovation Drive | Chief Commercial Officer |
Bradley O. Harris 300 Innovation Drive | Executive Vice President & Chief Risk Officer |
1 Corporate Way | Executive
Vice President, Chief Operating Officer, Chair and Director |
Kenneth H. Stewart 1 Corporate Way | Executive Vice President, Corporate Development |
Savvas
(Steve) P. Binioris 1 Corporate Way | Senior Vice President |
1 Corporate Way | Senior Vice President, Controller & Treasurer |
Devkumar D. Ganguly 1 Corporate Way | Senior
Vice President & Chief Information Officer |
Guillermo E. Guerra 1 Corporate Way | Senior Vice President & Group Chief Information Security Officer |
1 Corporate Way | Senior Vice President & Director |
Thomas P. Hyatte 1 Corporate Way | Senior Vice President & Deputy General Counsel |
Dana S. Rapier 1 Corporate Way | Senior Vice President, Chief Human Resources Officer |
Stacey
L. Schabel 1 Corporate Way | Senior Vice President, Chief Audit Executive |
Marcia L. Wadsten 1 Corporate Way | Senior Vice President, Chief Actuary & Appointed Actuary |
Richard C. White 1 Corporate Way | Senior Vice President |
Marina
C. Ashiotou 225 W. Wacker Drive Suite 1200 | Vice President |
Dennis A. Blue 1 Corporate Way | Vice President |
1 Corporate Way | Vice
President & Director |
Pamela L. Bottles 1 Corporate Way | Vice President |
Andrew
Campbell 1 Corporate Way | Vice President |
William T. Devanney, Jr. 1 Corporate Way | Vice President |
Lisa I. Fox 300 Innovation Drive | Vice President |
Heather
Gahir 1 Corporate Way | Vice President |
Joseph K. Garrett 1 Corporate Way | Vice President |
1 Corporate Way | Vice President, Deputy General Counsel |
Robert
W. Hajdu 1 Corporate Way | Vice President |
1 Corporate Way | Vice President & Director |
Courtney Hoffman 225 W. Wacker Drive Suite 1200 | Vice
President |
Thomas A. Janda 1 Corporate Way | Vice President |
Scott F. Klus 1
Corporate Way | Vice President |
Toni L. Klus 1 Corporate Way | Vice
President |
Matthew F. Laker 300 Innovation Drive | Vice President |
Diahn M. McHenry 1
Corporate Way | Vice President |
Ryan T.
Mellott 1 Corporate Way | Vice President, Illustration Actuary |
Dean M. Miller 300 Connell Drive Suite 2100 | Vice President |
Jacky Morin 300 Connell Drive Suite 2100 | Vice
President |
James A. Schultz 1 Corporate Way | Vice President & Assistant Treasurer |
Muhammad S. Shami 1
Corporate Way | Vice President |
Bhatt L. Vadlamani 1 Corporate Way | Vice
President |
Brian M. Walta 1 Corporate Way | Vice President |
(a) | Jackson National Life Distributors LLC acts as general distributor for the JNLNY Separate Account I. Jackson National Life Distributors LLC also acts as general distributor for the Jackson National Separate Account - I, the Jackson National Separate Account III, the Jackson National Separate Account IV, the Jackson National Separate Account V, the JNLNY Separate Account II, the JNLNY Separate Account IV, the Jackson Sage Variable Annuity Account A, the Jackson Sage Variable Life Account A, the Jackson SWL Variable Annuity Fund I, the JNL Series Trust, JNL Variable Fund LLC, JNL Investors Series Trust, and Jackson Variable Series Trust. |
(b) | Directors
and Officers of Jackson National Life Distributors LLC: |
Name and Business Address | Positions and Offices with Underwriter |
300 Innovation Drive | Chairman & Manager |
Steve P. Binioris 1 Corporate Way | Manager |
Bradley
O. Harris 300 Innovation Drive | Manager |
Aimee DeCamillo 300 Innovation Drive | President, Chief Executive Officer & Manager |
Scott Romine 300 Innovation Drive | President of Advisory Solutions |
Scott
Golde 1 Corporate Way | General Counsel |
Alison Reed 300 Innovation Drive | Executive Vice President, Operations |
Marc Socol 300 Innovation Drive | Executive Vice President, National Sales Manager |
Bill Burrow 300 Innovation Drive | Senior Vice President |
Dana
R. Melesky Flegler 1 Corporate Way | Senior Vice President |
Elizabeth Griffith 300 Innovation Drive | Senior Vice President |
Aileen Herndon 300 Innovation Drive | Senior Vice President |
Julie
Hughes 1 Corporate Way | Senior Vice President |
Heidi Kaiser 1 Corporate Way | Senior Vice President & Chief Compliance Officer |
Greg Masucci 300 Innovation Drive | Senior Vice President |
Tim
Munsie 300 Innovation Drive | Senior Vice President |
Brian Sward 300 Innovation Drive | Senior Vice President |
Bryan Wilhelm 300 Innovation Drive | Senior Vice President |
Ty
Anderson 300 Innovation Drive | Vice President |
J. Edward Branstetter, Jr. 300 Innovation Drive | Vice President |
Lauren L. Caputo 300 Innovation Drive | Vice President |
Michelle
Carroll 1 Corporate Way | Vice President |
Court
Chynces 300 Innovation Drive | Vice President |
Bill Dixon 300 Innovation Drive | Vice President |
Heather Fitzgerald 300 Innovation Drive | Vice President |
Ashley
S. Golson 300 Innovation Drive | Vice President |
Thomas Hurley 300 Innovation Drive | Vice President |
Mark Jones 300 Innovation Drive | Vice President |
Matt
Lemieux 300 Innovation Drive | Vice President |
Kristine Lowry 300 Innovation Drive | Vice President, FinOp & Controller |
Joseph Patracuollo 300 Innovation Drive | Vice President |
Allison
Pearson 300 Innovation Drive | Vice President |
Kimberly Plyler 300 Innovation Drive | Vice President |
Ryan Riggen 300 Innovation Drive | Vice President |
Sam
Rosenbrock 300 Innovation Drive | Vice President |
David Russell 300 Innovation Drive | Vice President |
Daniel Starishevsky 300 Innovation Drive | Vice President |
Michael Story 1 Corporate Way | Vice President |
Jeremy
Swartz 300 Innovation Drive | Vice President |
Kendall Wetzel 300 Innovation Drive | Vice President |
Sutton White 300 Innovation Drive | Vice President |
Myles
Womack 300 Innovation Drive | Vice President |
Phil Wright 300 Innovation Drive | Vice President |
Kristan L. Richardson 1 Corporate Way | Secretary |
Name
of Principal Underwriter | Net Underwriting Discounts and Commissions | Compensation on Redemption | Brokerage Commissions | Compensation |
Jackson National Life Distributors LLC | Not Applicable | Not Applicable | Not Applicable | Not Applicable |
a) | Jackson
National Life Insurance Company of New York hereby undertakes to file a post-effective amendment to this registration statement as frequently as is necessary to ensure that the audited financial statements in the registration statement are never more than sixteen (16) months old for so long as payment under the variable annuity contracts may be accepted. |
b) | Jackson National Life Insurance Company of New York hereby undertakes to include either (1) as part of any application to purchase a contract offered by the Prospectus, a space that an applicant can check to request a Statement of Additional Information, or (2) a postcard or similar written communication affixed to or included in the Prospectus
that the applicant can remove to send for a Statement of Additional Information. |
c) | Jackson National Life Insurance Company of New York hereby undertakes to deliver any Statement of Additional Information and any financial statement required to be made available under this Form promptly upon written or oral request. |
d) | Jackson National Life Insurance Company of New York represents that the fees and charges deducted under
the contract, in the aggregate, are reasonable in relation to the services rendered, the expenses to be incurred, and the risks assumed by Jackson National Life Insurance Company of New York. |
e) | The Registrant hereby represents that any contract offered by the prospectus and which is issued pursuant to Section 403(b) of the Internal Revenue Code of 1986 as amended, is issued by the Registrant in reliance upon, and in compliance with, the Securities and Exchange Commission's industry-wide no-action letter to the American Council of Life Insurance (publicly available November 28, 1988) which permits withdrawal restrictions to the extent necessary to comply with IRS Section 403(b)(11). |
* | ||
Michael I. Falcon, President | ||
* | ||
Axel André, Executive Vice President and Chief Financial Officer | ||
* | ||
Laura L. Prieskorn, Executive Vice President, Chief Operating Officer, Chair and Director | ||
* | ||
Michael A. Costello, Senior Vice President, Controller and Treasurer | ||
* | ||
Barrett M. Bonemer, Vice President and Director | ||
* | ||
Laura L. Hanson, Vice President and Director |
* | ||
Patrick G. Boyle, Director | ||
* | ||
R. Kevin Clinton, Director | ||
* | ||
Nancy F. Heller, Director | ||
* | ||
Scott E. Romine, Director |
Michael I. Falcon, President |
/s/
AXEL ANDRÉ |
Axel André, Executive Vice President and Chief Financial Officer |
Aimee R. DeCamillo, Chief Commercial Officer |
Laura L. Prieskorn, Chief Operating Officer, Chair and Director |
Michael A. Costello, Senior Vice President, Controller,
and Treasurer |
Barrett M. Bonemer, Vice President and Director |
/s/ LAURA
L. HANSON |
Laura L. Hanson, Vice President and Director |
/s/ PATRICK G. BOYLE |
Patrick G. Boyle, Director |
/s/
R. KEVIN CLINTON |
R. Kevin Clinton, Director |
/s/ NANCY F. HELLER |
Nancy F. Heller, Director |
/s/
SCOTT E. ROMINE |
Scott E. Romine, Director |
Exhibit No. | Description |
9. | Opinion
and Consent of Counsel. |
This ‘485APOS’ Filing | Date | Other Filings | ||
---|---|---|---|---|
Filed on: | 8/13/20 | |||
8/9/20 | ||||
6/30/20 | ||||
4/27/20 | 485BPOS, 497, EFFECT | |||
12/31/19 | 24F-2NT, N-CEN | |||
6/24/19 | 485BPOS, 497, EFFECT | |||
12/31/18 | 24F-2NT, 24F-2NT/A, N-CEN | |||
12/31/17 | 24F-2NT, 24F-2NT/A, NSAR-U | |||
List all Filings |
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 10/09/20 Jnlny Separate Account I 485BXT 1:107K |