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Jnlny Separate Account I, et al. – ‘485BPOS’ on 4/25/13

On:  Thursday, 4/25/13, at 9:57am ET   ·   Effective:  4/29/13   ·   Accession #:  1045032-13-72   ·   File #s:  811-08401, 333-183047

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  As Of                Filer                Filing    For·On·As Docs:Size

 4/25/13  Jnlny Separate Account I          485BPOS     4/29/13    4:25M
          → Jnlny Separate Account I Perspective II (Single Share) (Contracts offered for sale on & after September 10, 2012)

Post-Effective Amendment
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 485BPOS     Post-Effective Amendment                            HTML  11.25M 
 4: EX-99.10    Miscellaneous Exhibit                               HTML      5K 
 2: EX-99.5B    Miscellaneous Exhibit                               HTML      5K 
 3: EX-99.9     Miscellaneous Exhibit                               HTML     11K 


485BPOS   —   Post-Effective Amendment
Document Table of Contents

Page (sequential) | (alphabetic) Top
 
11st Page   -   Filing Submission
"Glossary
"Key Facts
"Fees and Expenses Tables
"Owner Transaction Expenses
"Periodic Expenses
"Total Annual Fund Operating Expenses
"Example
"Condensed Financial Information
"The Annuity Contract
"Jackson of Ny
"The Fixed Account
"The Separate Account
"Investment Divisions
"JNL Series Trust
"JNL Variable Fund LLC
"Voting Privileges
"Substitution
"Contract Charges
"Mortality and Expense Risk Charges
"Annual Contract Maintenance Charge
"Administration Charge
"Transfer Charge
"Withdrawal Charge
"Contract Enhancement Charge
"Contract Enhancement Recapture Charge
"Optional Death Benefit -- Highest Anniversary Value Death Benefit Charge
"Optional Death Benefit -- LifeGuard Freedom Flex DB NY Charge
"SafeGuard Max
"AutoGuard 5
"AutoGuard 6
"LifeGuard Freedom 6 Net
"LifeGuard Freedom 6 Net with Joint Option
"LifeGuard Freedom Flex GMWB
"LifeGuard Freedom Flex With Joint Option GMWB
"MarketGuard Stretch GMWB
"Four-Year Withdrawal Charge Period
"Other Expenses
"Premium Taxes
"Income Taxes
"Distribution of Contracts
"Purchases
"Minimum Initial Premium
"Minimum Additional Premiums
"Maximum Premiums
"Allocations of Premium
"Optional Contract Enhancements
"Capital Protection Program
"Accumulation Units
"Transfers and Frequent Transfer Restrictions
"Potential Limits and Conditions on Fixed Account Transfers
"Restrictions on Transfers: Market Timing
"Telephone and Internet Transactions
"The Basics
"What You Can Do and How
"What You Can Do and When
"How to Cancel a Transaction
"Our Procedures
"Access to Your Money
"Waiver of Withdrawal and Recapture Charges for Extended Care
"Optional Four-Year Withdrawal Charge Period
"Guaranteed Minimum Withdrawal Benefit Considerations
"Guaranteed Minimum Withdrawal Benefit Important Special Considerations
"The GAWA is recalculated, equaling
"The Excess Withdrawal is defined to be the lesser of
"The GAWA is recalculated as follows
"The GWB Adjustment Date is the later of
"The GWB Adjustment is determined as follows
"The bonus equals 6% of the Bonus Base, which is an amount that may vary after this GMWB is added to the Contract, as described immediately below
"The Bonus Period ends on the earlier of
"LifeGuard Freedom Flex GMWB and LifeGuard Freedom Flex with Joint Option GMWB
"Systematic Withdrawal Program
"Suspension of Withdrawals or Transfers
"Income Payments (The Income Phase)
"Variable Income Payments
"Income Options
"Death Benefit
"Basic Death Benefit
"Optional Death Benefits
"Highest Anniversary Value Death Benefit
"LifeGuard Freedom Flex DB NY
"Payout Options
"Pre-Selected Payout Options
"Special Spousal Continuation Option
"Death of Owner On or After the Income Date
"Death of Annuitant
"Taxes
"Contract Owner Taxation
"Tax-Qualified and Non-Qualified Contracts
"Non-Qualified Contracts -- General Taxation
"Non-Qualified Contracts -- Aggregation of Contracts
"Non-Qualified Contracts -- Withdrawals and Income Payments
"Non-Qualified Contracts -- Required Distributions
"Tax-Qualified Contracts -- Withdrawals and Income Payments
"Withdrawals -- Tax-Sheltered Annuities
"Withdrawals -- Roth IRAs
"Constructive Withdrawals -- Investment Adviser Fees
"Death Benefits
"Assignment
"Diversification
"Owner Control
"Withholding
"Jackson of NY Taxation
"Other Information
"Dollar Cost Averaging
"Special Dollar Cost Averaging Plus (DCA+)
"Earnings Sweep
"Rebalancing
"Free Look
"Advertising
"Modification of Your Contract
"Confirmation of Transactions
"Legal Proceedings
"Privacy Policy
"Table of Contents of the Statement of Additional Information
"APPENDIX A (Trademarks, Services Marks, and Related Disclosures)
"APPENDIX B (Contract Enhancement Recapture Charges)
"APPENDIX C (Broker-Dealer Support)
"APPENDIX D (GMWB Prospectus Examples)
"Independent Auditors' Report
"Balance Sheets
"Income Statements
"Statements of Comprehensive Income
"Statements of Equity
"Statements of Cash Flows
"Notes to Financial Statements

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  Unassociated Document  
 
 
As filed with the Securities and Exchange Commission on April 25, 2013
Commission File Nos.  333-183047
811-08401


UNITED STATES
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. 1
[X]
   
and/or
 

 
REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940

 
Amendment No. 306
[X]


JNLNY SEPARATE ACCOUNT I
(Exact Name of Registrant)

JACKSON NATIONAL LIFE INSURANCE COMPANY OF NEW YORK
(Name of Depositor)

2900 Westchester Avenue, Purchase, New York 10577
(Address of Depositor's Principal Executive Offices)

Depositor's Telephone Number, including Area Code: (517) 381-5500

Thomas J. Meyer, Esq., Senior Vice President, Secretary and General Counsel
Jackson National Life Insurance Company, 1 Corporate Way, Lansing, MI 48951
(Name and Address of Agent for Service)

Copy to:
Frank J. Julian, Esq., Assistant Vice President, Legal
Jackson National Life Insurance Company, 1 Corporate Way, Lansing, MI 48951
(Name and Address of Agent for Service)





Approximate Date of Proposed Public Offering:
   
It is proposed that this filing will become effective (check appropriate box)
[   ]
immediately upon filing pursuant to paragraph (b)
[X]
on April 29, 2013 pursuant to paragraph (b)
[   ]
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 Fixed and Variable Deferred Annuity contracts


 
 

 
 
 


PERSPECTIVE II® (Single Share)
 
PERSPECTIVE II
FLEXIBLE PREMIUM FIXED AND VARIABLE DEFERRED ANNUITY
(Contracts offered for sale on and after September 10, 2012)

Issued by
Jackson National Life Insurance Company of New York® through
JNLNY Separate Account I

The date of this prospectus is April 29, 2013 .  This prospectus states the information about the Separate Account, the Contract, and Jackson National Life Insurance Company of New York (“Jackson of NY®”) you should know before investing.  This prospectus is a disclosure document and describes all of the Contract’s material features, benefits, rights, and obligations.  The description of the Contract’s material provisions in this prospectus is current as of the date of this prospectus.  If certain material provisions under the Contract are changed after the date of this prospectus, in accordance with the Contract, those changes will be described in a supplemented prospectus.  You should carefully  read this prospectus in conjunction with any applicable supplements.  It is important that you also read the Contract and endorsements, which may reflect additional non-material state variations or other non-material variations.  This information is meant to help you decide if the Contract will meet your needs.  Please carefully read this prospectus and any related documents and keep everything together for future reference.  Additional information about the Separate Account can be found in the statement of additional information (“SAI”) dated April 29, 2013 that is available upon request without charge.  To obtain a copy, contact us at our:

Jackson of NY Service Center
P.O. Box 3031 3
Lansing, Michigan 48909-781 3
1-800-599-5651

This prospectus also describes a variety of optional features, not all of which may be available at the time you are interested in purchasing a Contract, as we reserve the right to prospectively restrict availability of the optional features.  The Contract is available through other Broker Dealers with other surrender charge schedules and optional features not available under this version.  Broker-dealers selling the Contracts may limit the availability of an optional feature.  Ask your representative about what optional features are or are not offered.  If a particular optional feature that interests you is not offered, you may want to contact another broker-dealer to explore its availability.  In addition, not all optional features may be available in combination with other optional features, as we also reserve the right to prospectively restrict the availability to elect certain features if certain other optional features have been elected.  We reserve the right to limit the number of Contracts that you may purchase.  We also reserve the right to refuse initial and any or all subsequent Premium payment s .  Some optional features, including certain living benefits and death benefits, contain withdrawal restrictions that, if exceeded, may have a significant negative impact on the value of the feature and may cause the feature to prematurely terminate.  Please confirm with us or your representative that you have the most current prospectus and supplements to the prospectus that describe the availability and any restrictions on the optional features.

Expenses for a Contract with a Contract Enhancement will be higher than those for a Contract without a Contract Enhancement, and in some cases the amount of a Contract Enhancement may be more than offset by those expenses.

We offer other variable annuity products with different product features, benefits and charges.

The SAI is incorporated by reference into this prospectus, and its table of contents appears on page 130.  The prospectus and SAI are part of the registration statement that we filed with the Securities and Exchange Commission (“SEC”) about this securities offering.  The registration statement, material incorporated by reference, and other information is available on the website the SEC maintains (http://www.sec.gov) regarding registrants that make electronic filings.

Jackson is relying on SEC Rule 12h-7, which exempts insurance companies from filing periodic reports under the Securities Exchange Act of 1934 with respect to variable annuity contracts that are registered under the Securities Act of 1933 and regulated as insurance under state law.

Neither the SEC nor any state securities commission has approved or disapproved these securities or passed upon the adequacy of this prospectus.  It is a criminal offense to represent otherwise.  We do not intend for this prospectus to be an offer to sell or a solicitation of an offer to buy these securities in any state where this is not permitted.

 
 
 

 
 
• Not FDIC/NCUA insured • Not Bank/CU guaranteed • May lose value • Not a deposit • Not insured by any federal agency
 
 
 

 
 
The Contract makes available for investment fixed and variable investment options.  The fixed options will have limited availability if you elect a Contract Enhancement.  The variable options are Investment Divisions of the Separate Account, each of which invests in one of the following Funds – all class A shares:

JNL Series Trust
   
     
JNL/American Funds Blue Chip Income and Growth Fund
 
JNL/Mellon Capital Bond Index Fund   (formerly, JNL/Mellon Capital
JNL/American Funds Global Bond Fund
 
Management Bond Index Fund )
JNL/American Funds Global Small Capitalization Fund
 
JNL/Mellon Capital Dow Jones U.S. Contrarian Opportunities Index
JNL/American Funds Growth-Income Fund
 
Fund   (formerly, JNL/Mellon Capital Management Dow Jones U.S.
JNL/American Funds International Fund
 
Contrarian Opportunities Index Fund )
JNL/American Funds New World Fund
 
JNL/Morgan Stanley Mid Cap Growth Fund
JNL Institutional Alt 20 Fund
 
JNL/Neuberger Berman Strategic Income Fund
JNL Institutional Alt 35 Fund
 
JNL/Oppenheimer Global Growth Fund
JNL Institutional Alt 50 Fund
 
JNL/PIMCO Real Return Fund
JNL/American Funds® Balanced Allocation Fund
 
JNL/PIMCO Total Return Bond Fund
JNL/American Funds Growth Allocation Fund
 
JNL/PPM America Floating Rate Income Fund
JNL/BlackRock Commodity Securities Strategy Fund   (formerly,
 
JNL/PPM America High Yield Bond Fund
JNL/BlackRock Commodity Securities Fund )
 
JNL/PPM America Mid Cap Value Fund
JNL/BlackRock Global Allocation Fund
 
JNL/PPM America Small Cap Value Fund
JNL/Brookfield Global Infrastructure Fund
 
JNL/PPM America Value Equity Fund
JNL/Capital Guardian Global Balanced Fund
 
JNL/T. Rowe Price Established Growth Fund
JNL/Capital Guardian Global Diversified Research Fund
 
JNL/T. Rowe Price Mid-Cap Growth Fund
JNL/DFA U.S. Core Equity Fund
 
JNL/T. Rowe Price Short-Term Bond Fund
JNL/Eagle SmallCap Equity Fund
 
JNL/T. Rowe Price Value Fund
JNL/Eastspring Investments Asia ex-Japan Fund
 
JNL/UBS Large Cap Select Growth Fund
JNL/Eastspring Investments China-India Fund
 
JNL/WMC Balanced Fund
JNL/Franklin Templeton Founding Strategy Fund
 
JNL/WMC Money Market Fund
JNL/Franklin Templeton Global Growth Fund
 
JNL/WMC Value Fund
JNL/Franklin Templeton Global Multisector Bond Fund
 
JNL/S&P Competitive Advantage Fund
JNL/Franklin Templeton Income Fund
 
JNL/S&P Dividend Income & Growth Fund
JNL/Franklin Templeton International Small Cap Growth Fund
 
JNL/S&P Intrinsic Value Fund
JNL/Franklin Templeton Mutual Shares Fund
 
JNL/S&P Total Yield Fund
JNL/Franklin Templeton Small Cap Value Fund
 
JNL/S&P 4 Fund
JNL/Goldman Sachs Core Plus Bond
 
JNL/S&P Managed Conservative Fund
JNL/Goldman Sachs Mid Cap Value Fund
 
JNL/S&P Managed Moderate Fund
JNL/Goldman Sachs U.S. Equity Flex Fund
 
JNL/S&P Managed Moderate Growth Fund
JNL/Invesco Global Real Estate Fund
 
JNL/S&P Managed Growth Fund
JNL/Invesco International Growth Fund
 
JNL/S&P Managed Aggressive Growth Fund
JNL/Invesco Large Cap Growth Fund
 
JNL Disciplined Moderate Fund
JNL/Invesco Small Cap Growth Fund
 
JNL Disciplined Moderate Growth Fund
JNL/Ivy Asset Strategy Fund
 
JNL Disciplined Growth Fund
JNL/JPMorgan International Value Fund
   
JNL/JPMorgan MidCap Growth Fund
 
JNL Variable Fund LLC
JNL/JPMorgan U.S. Government & Quality Bond Fund
   
JNL/Lazard Mid Cap Equity Fund
 
JNL/Mellon Capital Nasdaq ® 25 Fund   (formerly, JNL/Mellon Capital
JNL/M&G Global Basics Fund
 
Management Nasdaq® 25 Fund )
JNL/M&G Global Leaders Fund
 
JNL/Mellon Capital Value Line ® 30 Fund   (formerly, JNL/Mellon
JNL/Mellon Capital 10 x 10 Fund   (formerly, JNL/Mellon Capital
 
Capital Management Value Line® 30 Fund )
Management 10 x 10 Fund )
 
JNL/Mellon Capital Dow SM Dividend Fund   (formerly, JNL/Mellon
JNL/Mellon Capital Index 5 Fund   (formerly, JNL/Mellon Capital
 
Capital Management DowSM Dividend Fund )
Management Index 5 Fund )
 
JNL/Mellon Capital S&P ® 24 Fund   (formerly, JNL/Mellon Capital
JNL/Mellon Capital Emerging Markets Index Fund   (formerly,
 
Management S&P® 24 Fund )
JNL/Mellon Capital Management Emerging Markets Index Fund )
 
JNL/Mellon Capital S&P ® SMid 60 Fund   (formerly, JNL/Mellon
JNL/Mellon Capital European 30 Fund   (formerly, JNL/Mellon Capital
 
Capital Management S&P® SMid 60 Fund )
Management European 30 Fund )
 
JNL/Mellon Capital NYSE ® International 25 Fund   (formerly,
JNL/Mellon Capital Pacific Rim 30 Fund   (formerly, JNL/Mellon
 
JNL/Mellon Capital Management NYSE® International 25 Fund )
Capital Management Pacific Rim 30 Fund )
 
JNL/Mellon Capital 25 Fund   (formerly, JNL/Mellon Capital
JNL/Mellon Capital S&P 500 Index Fund   (formerly, JNL/Mellon
 
Management 25 Fund )
Capital Management S&P 500 Index Fund )
 
JNL/Mellon Capital Select Small-Cap Fund   (formerly, JNL/Mellon
JNL/Mellon Capital S&P 400 MidCap Index Fund   (formerly,
 
Capital Management Select Small-Cap Fund )
JNL/Mellon Capital Management S&P 400 MidCap Index Fund )
 
JNL/Mellon Capital JNL 5 Fund   (formerly, JNL/Mellon Capital
JNL/Mellon Capital Small Cap Index Fund   (formerly, JNL/Mellon
 
Management JNL 5 Fund )
Capital Management Small Cap Index Fund )
 
JNL/Mellon Capital JNL Optimized 5 Fund   (formerly, JNL/Mellon
JNL/Mellon Capital International Index Fund   (formerly, JNL/Mellon
 
Capital Management JNL Optimized 5 Fund )
Capital Management International Index Fund )
 
JNL/Mellon Capital VIP Fund   (formerly, JNL/Mellon Capital
   
Management VIP Fund )

 
 

 

JNL/Mellon Capital Communications Sector Fund   (formerly,
 
JNL/Mellon Capital Healthcare Sector Fund   (formerly, JNL/Mellon
JNL/Mellon Capital Management Communications Sector Fund )
 
Capital Management Healthcare Sector Fund )
JNL/Mellon Capital Consumer Brands Sector Fund   (formerly,
 
JNL/Mellon Capital Oil & Gas Sector Fund   (formerly, JNL/Mellon
JNL/Mellon Capital Management Consumer Brands Sector Fund )
 
Capital Management Oil & Gas Sector Fund )
JNL/Mellon Capital Financial Sector Fund   (formerly, JNL/Mellon
 
JNL/Mellon Capital Technology Sector Fund   (formerly, JNL/Mellon
Capital Management Financial Sector Fund )
 
Capital Management Technology Sector Fund )

Underscored are the Funds that are newly available or recently underwent name changes, as may be explained in the accompanying parenthetical.   The Funds are not the same mutual funds that you would buy directly from a retail mutual fund or through your stockbroker.  The prospectuses for the Funds are attached to this prospectus.
 
 
 

 

 
 
 
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11
 
 
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28
 
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130
 
 
A-1
 
 
B-1
 
 
C-1
 
D-1

 
 

 

GLOSSARY
 
These terms are capitalized when used throughout this prospectus because they have special meaning.  In reading this prospectus, please refer back to this glossary if you have any questions about these terms.
 
Accumulation Unit – a unit of measure we use to calculate the value in an Investment Division prior to the Income Date.
 
Annuitant – the natural person on whose life annuity payments for this Contract are based.  The Contract allows for the naming of joint Annuitants.  Any reference to the Annuitant includes any joint Annuitant.
 
Annuity Unit – a unit of measure we use in calculating the value of a variable annuity payment on and after the Income Date.
 
Beneficiary – the natural person or legal entity designated to receive any Contract benefits upon the Owner's death.  The Contract allows for the naming of multiple Beneficiaries.
 
Business Dayeach day that the New York Stock Exchange is open for business.
 
Completed Year – the succeeding twelve months from the date on which we receive a Premium payment.  Completed Years specify the years from the date of receipt of the Premium and does not refer to Contract Years.  If the Premium receipt date is on the Issue Date of the Contract then Completed Year 0-1 does not include the first Contract Anniversary.  The first Contract Anniversary begins Completed Year 1-2 and each successive Completed Year begins with the Contract Anniversary of the preceding Contract Year and ends the day before the next Contract Anniversary.
 
If the Premium receipt date is other than the Issue Date or a subsequent Contract Anniversary, there is no correlation of the Contract Anniversary date and Completed Years.  For example, if the Issue Date is January 15, 2014 and a Premium payment is received on February 28, 2014 then, although the first Contract Anniversary is January 15, 2015 , Completed Year 0-1 for that Premium payment would begin on February 28, 2014 and end on February 27, 2015 .  Completed Year 1-2 for that Premium payment would begin on February 28, 2015 .
 
Contract – the individual deferred variable and fixed annuity contract and any optional endorsements you may have selected.
 
Contract Anniversary – each one-year anniversary of the Contract's Issue Date.
 
 
 
Contract Enhancement – a credit that we will make to your Contract Value at the end of any Business Day in the first seven Contract Years (five Contract Years for the 2% Contract Enhancement) during which we receive a Premium payment.  The Contract Enhancement endorsements available are the 2% Contract Enhancement endorsement, 3% Contract Enhancement endorsement, or 4% Contract Enhancement endorsement.  The actual Contract Enhancement percentage applied to the Premium payment varies, depending upon which Contract Enhancement you have elected and the Contract Year in which you make your payment.
 
Contract Monththe period of time between consecutive monthly anniversaries of the Contract's Issue Date.
 
Contract Monthly Anniversary – each one-month anniversary of the Contract's Issue Date.
 
Contract Quarter – the period of time between consecutive three-month anniversaries of the Contract’s Issue Date.
 
Contract Quarterly Anniversary – each three-month anniversary of the Contract's Issue Date.
 
Contract Value – the sum of your allocations between the Contract's Fixed Account and Investment Divisions.
 
Contract Year – the succeeding twelve months from a Contract's Issue Date and every anniversary.  The first Contract Year (Contract Year 0-1) starts on the Contract's Issue Date and extends to, but does not include, the first Contract Anniversary.  Subsequent Contract Years start on an anniversary date and extend to, but do not include, the next anniversary date.
 
For example, if the Issue Date is January 15, 2014 , then the end of Contract Year 0-1 would be January 14, 2015 , and January 15, 2015 , which is the first Contract Anniversary, begins Contract Year 1-2.
 
Fixed Account – part of our General Account to which the Contract Value you allocate is guaranteed to earn a stated rate of return over the specified period.
 
Funda registered management investment company in which an Investment Division of the Separate Account invests.
 
General Account – the General Account includes all our assets, including any Contract Value allocated to the Fixed Account, which are available to our creditors.
 
 
 
1

 
 
GLOSSARY
 
 
Good Order – when our administrative requirements, including all information, documentation and instructions deemed necessary by us, in our sole discretion, are met in order to issue a Contract or execute any requested transaction pursuant to the terms of the Contract.
 
Income Date – the date on which you begin receiving annuity payments.
 
Interest Rate Adjustment – an adjustment to the Contract Value allocated to the Fixed Account that is withdrawn, transferred, or annuitized before the end of the period.
 
Issue Date – the date your Contract is issued.
 
Investment Division – one of multiple variable options of the Separate Account to allocate your Contract's value, each of which exclusively invests in a different available Fund.  The Investment Divisions are called variable because the return on investment is not guaranteed.
 
Jackson of NY, JNLNY, we, our, or us – Jackson National Life Insurance Company of New York.  (We do not capitalize “we,” “our,” or “us” in the prospectus.)
 
Latest Income Date – the Contract Anniversary on or next following the date on which the owner attains age 95 under a non-qualified contract, or such earlier date as required by the applicable qualified plan, law or regulation.
 
Owner, you or your – the natural person or legal entity entitled to exercise all rights and privileges under the Contract.  Usually, but not always, the Owner is the Annuitant.  The Contract allows for the naming of joint owners.  (We do not capitalize “you” or “your” in the prospectus.)  Any reference to the Owner includes any joint Owner.
 
Premium(s) – considerations paid into the Contract by or on behalf of the Owner.   The maximum aggregate Premium payments you may make without prior approval is $1 million.  This maximum amount is subject to further limitations at any time on both initial and subsequent Premium payments.
 
Remaining Premium – the total Premium paid reduced by withdrawals that incur withdrawal and/or recapture charges, and withdrawals of Premiums that are no longer subject to withdrawal and/or recapture charges.
 
Required Minimum Distributions (RMDs)For certain qualified contracts, the amount defined under the Internal Revenue Code as the minimum distribution requirement as applied to your Contract only.  This definition excludes any withdrawal necessary to satisfy the minimum distribution requirements of the Internal Revenue Code if the Contract is purchased with contributions from a nontaxable transfer after the death of the owner of a qualified contract.  Different rules apply for the MarketGuard Stretch GMWB as described in the “MarketGuard Stretch GMWB” section.
 
 
 
 
Separate Account – JNLNY Separate Account I.  The Separate Account is divided into sub-accounts generally referred to as Investment Divisions.
 
 
 
2

 
 
KEY FACTS
 
The immediately following two sections briefly introduce the Contract (and its benefits and features) and its costs; however, please carefully read the whole prospectus and any related documents before purchasing the Contract to be sure that it will meet your needs.

 
Allocation Options
The Contract makes available a Fixed Account and Investment Divisions for allocation of your Premium payments and Contract Value.  For more information about the fixed options, please see “THE FIXED ACCOUNT” beginning on page 13.  For more information about the Investment Divisions, please see “INVESTMENT DIVISIONS” beginning on page 15.
     
 
Investment Purpose
The Contract is intended to help you save for retirement or another long-term investment purpose.  The Contract is designed to provide tax deferral on your earnings, if it is not issued under a qualified retirement plan.  Qualified plans confer their own tax deferral.  For more information, please see “TAXES” beginning on page 123.
     
 
Free Look
If you change your mind about having purchased the Contract, you may return it without penalty.  There are conditions and limitations, including time limitations.  For more information, please see “FREE LOOK” beginning on page 127.
     
 
Purchases
There are minimum and maximum Premium requirements.  The Contract also has a Premium protection option, namely the Capital Protection Program.  For more information, please see “PURCHASES” beginning on page 43.
     
 
Withdrawals
Before the Income Date, there are a number of ways to access your Contract Value, generally subject to a charge or adjustment, particularly during the early Contract Years.  There are also a number of optional withdrawal benefits available.  The Contract has a free withdrawal provision and waives the charges and adjustments in the event you may require extended care.  For more information, please see “ACCESS TO YOUR MONEY” beginning on page 50.
     
 
Income Payments
There are a number of income options available.  For more information, please see “INCOME PAYMENTS (THE INCOME PHASE)” beginning on page 117.
     
 
Death Benefit
The Contract has a death benefit that becomes payable if you die before the Income Date.  Optional death benefits are also available.  For more information, please see “DEATH BENEFIT” beginning on page 118.

 
Contract Charges
Various charges apply under the Contract as summarized in the “FEES AND EXPENSES TABLES’ below.  If the Contract Value is insufficient to pay the charges under the Contract, the Contract will terminate without value, unless you are eligible for continued payments under a Guaranteed Minimum Withdrawal Benefit.

 
3

 
 
FEES AND EXPENSES TABLES

The following tables describe the fees and expenses that you will pay when purchasing, owning and surrendering the Contract.  The first table (and footnotes) describes the fees and expenses that you will pay at the time that you purchase the Contract, surrender the Contract or transfer cash value between investment options. 

 
       
 
Front-end Sales Load
None
 
       
 
Maximum Withdrawal Charge 1
   
   
Percentage of Premium withdrawn, if applicable
7%
 
       
 
Maximum Contract Enhancement Recapture Charge 2
   
   
Percentage of the corresponding Premiums withdrawn with a Contract Enhancement
4%
 
       
 
Maximum Premium Taxes 3
   
   
Percentage of each Premium
2%
 
       
 
Transfer Charge 4
   
   
Per transfer after 15 in a Contract Year
$25
 
       
 
Expedited Delivery Charge 5
$22.50
 
       

1
The withdrawal charge is a schedule lasting seven Completed Years following each Premium as shown in the table below, and there is an optional withdrawal charge schedule (that is shorter) available, also shown in the table below:

Withdrawal Charge (as a percentage of Premium payments)
 
Completed Years Since Receipt Of Premium
 
0-1
1-2
2-3
3-4
4-5
5-6
6-7
7+
Base
Schedule
7%
6%
5%
4%
3%
2%
1%
0
Four -year*
Schedule
6.5%
5%
3%
2%
0%
0
0
0
 
 
For more information on withdrawal charges, please see “Withdrawal Charge” under “Contract Charges” beginning on page 31.

 
*In addition, an annual asset based charge of 0.40% is deducted in Contract Years 1-4.  Premium will only be accepted in Contract Year 1.

2
For more information about recapture charges, please see “Contract Enhancement Recapture Charge” under “Contract Charges”, beginning on page 32.

3
Currently, Premium taxes do not apply.

4
We do not count transfers in conjunction with dollar cost averaging, earnings sweep, and automatic rebalancing.

5
For overnight delivery on Saturday; otherwise, the overnight delivery charge is $10 for withdrawals.  We also charge $20 for wire transfers in connection with withdrawals.
 
 
4

 

The next table (and footnotes) describes the fees and expenses that you will pay periodically during the time that you own the Contract, not including the Funds' fees and expenses.

 
 
 
Base Contract
 
     
 
Annual Contract Maintenance Charge 6
$30
 
     
 
Separate Account Annual Expenses
   
 
 Annual percentage of average daily account value of Investment Divisions
   
     
 
Mortality And Expense Risk Charge
1.25%
 
       
 
Administration Charge 7
0.15%
 
       
 
Total Separate Account Annual Expenses for Base Contract
1.40%
 
       
 
     
 
Optional Endorsements - A variety of optional endorsements to the Contract are available.   The optional endorsements listed below include endorsements and applicable charges for endorsements that were previously sold but are not currently available to be added to a new Contract.   Please see the footnotes for additional information on the various optional endorsement charges.
 
     
 
The following optional endorsement charges are based on average daily Contract Value in the Investment Divisions and are deducted daily as part of the calculation of the value of the Accumulation Units.  You may select one from each grouping below8:
 
     
   
4% Contract Enhancement Maximum Annual Charge (not currently offered as of October 15, 2012) 9
 
0.56%
   
   
3% Contract Enhancement Maximum Annual Charge (not currently offered as of October 15, 2012)  9
 
0.42%
   
   
2% Contract Enhancement Maximum Annual Charge (not currently offered as of October 15, 2012) 10
 
0.395%
   
       
   
Four-year Withdrawal Schedule Maximum Annual Charge11
 
0.40%
   
       
     
 
The following optional death benefit endorsement charges are based on either average daily Contract Value in the Investment Divisions (deducted daily as part of the calculation of the value of the Accumulation Units ) or on a benefit base and are indicated as such.  Please see the footnotes for additional information on the various optional death benefit endorsement charges.  You may select one of the available benefits listed below8:
 
       
 
Average Daily Contract Value in the Investment Divisions Based Charges
   
 
Highest Anniversary Value Death Benefit Maximum Annual Charge 12
0.40%
 
       
 
Benefit Based Charges
   
       
 
LifeGuard Freedom Flex DB NY (only available with a specified combination of Options for the LifeGuard Freedom Flex® GMWB)13
0.42%
 
       
 
The following optional endorsement charges are benefit based.  Please see the footnotes for additional information on the various optional endorsement charges.  You may select one of the available benefits listed below8:
 
       
 
Guaranteed Minimum Withdrawal Benefit With 5-Year Step-Up Maximum Annual Charge (“SafeGuard Max®”) (no longer offered as of April 29, 2013) 14
1.20%
 
 
5% GMWB With Annual Step-Up Maximum Annual Charge (“AutoGuard 5SM”) 15
1.74%
 
 
6% GMWB With Annual Step-Up Maximum Annual Charge (“AutoGuard 6SM”) (no longer offered as of April 29, 2013)  16
2.04%
 
 
For Life GMWB With Bonus, Annual Step-Up and Earnings-Sensitive Withdrawal Amount Maximum Annual Charge (“LifeGuard Freedom 6 Net®”) 17
2.52 %
 
 
For Life GMWB With Bonus, Annual Step-Up and Earnings-Sensitive Withdrawal Amount Maximum Annual Charge (“LifeGuard Freedom 6 Net”) with Optional Income Upgrade Table
3.00 %
 
 
Joint For Life GMWB With Bonus, Annual Step-Up and Earnings-Sensitive Withdrawal Amount Maximum Annual Charge (“LifeGuard Freedom 6 Net® With Joint Option”) (no longer offered as of October 15, 2012) 18
3.00%
 
 
Joint For Life GMWB With Bonus, Annual Step-Up and Earnings-Sensitive Withdrawal Amount Maximum Annual Charge (“LifeGuard Freedom 6 Net With Joint Option”) with Optional Income Upgrade Table (no longer offered as of October 15, 212)
3.00%
 
 
 
5

 
 
 
For Life GMWB With Bonus and Step-Up Maximum Annual Charge (“LifeGuard Freedom Flex® GMWB”)19
2.52%
 
 
For Life GMWB With Bonus and Step-Up Maximum Annual Charge (“LifeGuard Freedom Flex GMWB”) with Optional Income Upgrade Table
3.00%
 
 
Joint For Life GMWB With Bonus and Step-Up Maximum Annual Charge (“LifeGuard Freedom Flex® With Joint Option GMWB”) (no longer offered as of October 15, 2012) 20
2.52%
 
 
Joint For Life GMWB With Bonus and Step-Up Maximum Annual Charge (“LifeGuard Freedom Flex With Joint Option GMWB”) with Optional Income Upgrade Table (no longer offered as of October 15, 2012)
3.00%
 
 
Guaranteed Minimum Withdrawal Benefit For Stretch RMDs (“MarketGuard StretchSM GMWB”)21
2.22%
 
       

6
This charge is waived on Contract Value of $50,000 or more.  This charge is deducted proportionally from your allocations to the Fixed Account and Investment Divisions either annually (on your Contract Anniversary) or in conjunction with a total withdrawal, as applicable.

7
This charge is waived if the Contract Value on the later of the Issue Date or the most recent Contract Quarterly Anniversary is greater than or equal to $1 million.  If your Contract Value subsequently drops below $1 million on the most recent Contract Quarterly Anniversary, the Administration Charge will be reinstated as of that date.

8
Some optional endorsements are only available to select when purchasing the Contract and once purchased cannot be canceled.

9
This charge lasts for the first seven Contract Years.  While this charge will be imposed based upon the average daily net asset value of your allocations to the Investment Divisions, this charge will also be assessed against any amounts allocated to the Fixed Account by reducing credited rates, but not below the minimum guaranteed interest rate (assuming no withdrawals).    For more information, please see “Contract Enhancement Charge” under “Contract Charges”, beginning on page 32.

10
This charge lasts for the first five Contract Years.  While this charge will be imposed based upon the average daily net asset value of your allocations to the Investment Divisions, this charge will also be assessed against any amounts allocated to the Fixed Account by reducing credited rates, but not below the minimum guaranteed interest rate (assuming no withdrawals).    For more information, please see “Contract Enhancement Charge” under “Contract Charges”, beginning on page 32.

11
This charge lasts for the first four Contract Years.

12
The current charge is 0.25%, on an annual basis, of the average daily net asset value of your allocations to the Investment Divisions.

13      The current and maximum charge is 0.035% of the GMWB Death Benefit each Contract Month (0.42% annually).

For more information about the charge for the LifeGuard Freedom Flex DB NY, please see Optional Death Benefit – LifeGuard Freedom Flex DB NY Charge” under “Contract Charges”, beginning on page 34.  For more information about how the LifeGuard Freedom Flex DB NY works, including how the GMWB Death Benefit is calculated, please see “LifeGuard Freedom Flex DB NY” under “Optional Death Benefits”, beginning on page 120.
 
14
1.20% of the GWB is the maximum annual charge, which charge is payable monthly.  The tables below have the maximum and current charges.

Guaranteed Minimum Withdrawal Benefit With 5-Year Step-Up
Maximum Annual Charge
Annual Charge
Maximum
Current
 
1.20%
0.60%
Charge Basis
GWB
Charge Frequency
Monthly
Monthly

For more information about how this endorsement works, including how the GWB is calculated, please see “Guaranteed Minimum Withdrawal Benefit With 5-Year Step-Up” beginning on page 54.  For more information about the charge for this endorsement, please see “Guaranteed Minimum Withdrawal Benefit With 5-Year Step-Up” beginning on page 34.

15
1.74% of the GWB is the maximum annual charge, which charge is payable monthly.  The tables below have the maximum and current charges.



5% GMWB With Annual Step-Up
Annual Charge
Maximum
Current
 
1.74%
0.87%
Charge Basis
GWB
Charge Frequency
Monthly
Monthly



 
For more information about the charge for this endorsement, please see “5% Guaranteed Minimum Withdrawal Benefit With Annual Step-Up” beginning on page 34.  For more information about how the endorsement works, including how the GWB is calculated, please see “5% Guaranteed Minimum Withdrawal Benefit With Annual Step-Up” beginning on page 58.

16
2.04% of the GWB is the maximum annual charge, which charge is payable monthly.  The tables below have the maximum and current charges.
 
 
6

 
 
6% GMWB With Annual Step-Up
Annual Charge
Maximum
Current
 
2.04%
1.02%
Charge Basis
GWB
Charge Frequency
Monthly
Monthly


 
For more information about the charge for this endorsement, please see “6% Guaranteed Minimum Withdrawal Benefit With Annual Step-Up” beginning on page 35.  For more information about how the endorsement works, including how the GWB is calculated, please see “6% Guaranteed Minimum Withdrawal Benefit With Annual Step-Up” beginning on page 61.

17
2.52 % is the maximum annual charge, which charge is payable monthly.  The tables below have the maximum and current charges.

For Life GMWB With Bonus, Annual Step-Up and Earnings-Sensitive Withdrawal Amount
 
GMWBS ISSUED ON OR AFTER APRIL 29, 2013
Annual Charge
Maximum
Current
 
2.52%
1.26%
Charge Basis
GWB
Charge Frequency
Monthly
Monthly


For Life GMWB With Bonus, Annual Step-Up and Earnings-Sensitive Withdrawal Amount
 
GMWBS ISSUED BEFORE APRIL 29, 2013
Annual Charge
Maximum
Current
 
2.22%
1.11%
Charge Basis
GWB
Charge Frequency
Monthly
Monthly

For more information about the charge for this endorsement (with and without the Optional Income Upgrade Table) , please see “For Life GMWB With Bonus, Annual Step-Up and Earnings-Sensitive Withdrawal Amount (with and without the Optional Income Upgrade Table) (“LifeGuard Freedom 6 Net”) Charge” beginning on page 36.  For more information about how the endorsement works, including how the GWB is calculated, please see “For Life GMWB With Bonus, Annual Step-Up and Earnings-Sensitive Withdrawal Amount” beginning on page 64.

18
3.00% of the GWB is the maximum annual charge, which charge is payable monthly.  The tables below have the maximum and current charges.

Joint For Life GMWB With Bonus, Annual Step-Up and Earnings-Sensitive
Withdrawal Amount
Annual Charge
Maximum
Current
 
3.00%
1.56%
Charge Basis
GWB
Charge Frequency
Monthly
Monthly

 
For more information about the charge for this endorsement (with and without the Optional Income Upgrade Table) , please see “Joint For Life GMWB Bonus, Annual Step-Up and Earnings-Sensitive Withdrawal Amount (with and without the Optional Income Upgrade Table) (“LifeGuard Freedom 6 Net with Joint Option”) Charge” beginning on page 37.  For more information about how the endorsement works, including how the GWB is calculated, please see “Joint For Life GMWB Bonus, Annual Step-Up and Earnings-Sensitive Withdrawal Amount” beginning on page 76.

19
2.52% of the GWB is the maximum annual charge, which charge is payable monthly.  The tables below have the maximum and current charges.
 
LifeGuard Freedom Flex GMWB
GMWBS ISSUED ON OR AFTER APRIL 29, 2013
 
 
Annual Charge
Options
Maximum
Current
5% Bonus and Annual Step-Up
2.04%
1.02%
6% Bonus and Annual Step-Up
2.22%
1.11%
7% Bonus and Annual Step-Up
2.52%
1.26%
Charge Basis
GWB
Charge Frequency
Monthly
 
 
7

 
 
  LifeGuard Freedom Flex GMWB
GMWBS ISSUED BEFORE APRIL 29, 2013
 
 
 
 Annual Charge
Options
Maximum
Current
5% Bonus and Annual Step-Up
1.80%
0.90%
5% Bonus and Annual Step-Up to the Highest Quarterly Contract Value (no longer offered on or after April 29, 2013)
2.04%
1.02%
6% Bonus and Annual Step-Up
1.92%
0.96%
6% Bonus and Annual Step-Up to the Highest Quarterly Contract Value (no longer offered on or after April 29, 2013)
2.22%
1.11%
7% Bonus and Annual Step-Up
2.22%
1.11%
7% Bonus and Annual Step-Up to the Highest Quarterly Contract Value (no longer offered on or after April 29, 2013)
2.52%
1.26%
 Charge Basis
 GWB
 Charge Frequency
 Monthly


 
For more information about the charge for this endorsement (with and without the Optional Income Upgrade Table) , please see “For Life GMWB With Bonus and Step-Up (with and without the Optional Income Upgrade Table) (“LifeGuard Freedom Flex GMWB”) Charge” beginning on page 37.  For more information about how the endorsement works, including how the GWB is calculated, please see “LifeGuard Freedom Flex GMWB” beginning on page 90.

20
2.52% of the GWB is the maximum annual charge, which charge is payable monthly.  The tables below have the maximum and current charges.


LifeGuard Freedom Flex With Joint Option GMWB
 
 Annual Charge
 
 Maximum
 Current
5% Bonus and Annual Step-Up
2.10%
1.05%
5% Bonus and Annual Step-Up to the Highest Quarterly Contract Value
2.52%
1.26%
6% Bonus and Annual Step-Up
2.52%
1.26%
 Charge Basis
 GWB
 Charge Frequency
 Monthly


 
For more information about the charge for this endorsement (with and without the Optional Income Upgrade Table) , please see “Joint For Life GMWB With Bonus and Step-Up (with and without the Optional Income Upgrade Table) (“LifeGuard Freedom Flex with Joint Option GMWB”) Charge” beginning on page 39.  For more information about how the endorsement works, including how the GWB is calculated, please see “LifeGuard Freedom Flex GMWB With Joint Option” beginning on page 100.

21
2.22% of the GMWB Charge Base is the maximum annual charge, which charge is payable monthly.  The tables below have the maximum and current charges.

MarketGuard Stretch GMWB
Annual Charge
Maximum
Current
 
2.22%
1.11%
Charge Basis
GMWB Charge Base
Charge Frequency
Monthly
Monthly
 
 
 
For more information about the charge for this endorsement, please see “Guaranteed Minimum Withdrawal Benefit For Stretch RMDs (“MarketGuard Stretch GMWB”) Charge” beginning on page 40.  For more information about how the endorsement works, including how the GMWB Charge Base is calculated, please see “Guaranteed Minimum Withdrawal Benefit For Stretch RMDs (“MarketGuard Stretch GMWB”)” beginning on page 111.

The next item shows the minimum and maximum total annual operating expenses charged by the Funds that you may pay periodically during the time that you own the Contract.

Total Annual Fund Operating Expenses

(Expenses that are deducted from Fund assets, including management and administration fees, 12b-1 service fees and other expenses.)

 
Minimum: 0.57%
 
Maximum: 2. 24 %
 
 
 
8

 
 
More detail concerning each Fund's fees and expenses is below.  But please refer to the Funds' prospectuses for even more information on the Funds, including investment objectives, performance, and information about Jackson National Asset Management, LLC®, the Funds' Adviser and Administrator, as well as the sub-advisers.
 
 
Fund Operating Expenses
 
(As an annual percentage of
each Fund's average
daily net assets)
 
Fund Name
 
Management
and Admin Fee
 
Distribution
and/or Service
(12b-1) Fees
 
Other
  Expenses
 
Acquired Fund
Fees and
Expenses
 
Total Annual
Fund Operating Expenses
 
Contractual
Fee Waiver
and/or Expense Reimbursement
 
Net Total
Annual  Fund Operating
Expenses
 
JNL/American Funds® Blue Chip Income and Growth
   1.26% A
  0.25%  A
   0.02% A
0.00%
   1.53% A
0.45% B
   1.08% A,B
JNL/American Funds Global Bond
   1.38% A
  0.25%  A
   0.03% A
0.00%
   1.66% A
0.55% B
   1.11% A,B
JNL/American Funds Global Small Capitalization
   1.61% A
  0.25%  A
   0.04% A
0.00%
   1.90% A
0.60% B
   1.30% A,B
JNL/American Funds Growth-Income
   1.12% A
  0.25%  A
   0.02% A
0.00%
   1.39% A
0.40% B
   0.99% A,B
JNL/American Funds International
   1.50% A
  0.25%  A
   0.04% A
0.00%
   1.79% A
0.55% B
   1.24% A,B
JNL/American Funds New World
   1.94% A
  0.25%  A
   0.05% A
0.00%
   2.24% A
0.80% B
   1.44% A,B
JNL/DFA U.S. Core Equity
0.72%
0.20%
0.00%
0.01%
0.93%
0.12% C
0.81%
JNL/ T. Rowe Price Value
0.72%
0.20%
0.01%
0.00%
0.93%
0.01% C
0.92%
JNL/WMC Money Market
0.36%
0.20%
0.01%
0.00%
0.57%
0.32% D
   0.25% D


 
Fund Operating Expenses
 
(As an annual percentage
of each Fund's average
daily net assets)
 
Fund Name
 
Management
and Admin Fee
 
Distribution
and/or
Service
  (12b-1) Fees
 
 
Acquired
Fund
Fees and
Expenses  
 
Other
Expenses  
 
Total Annual
Fund
Operating
Expenses
 
JNL Institutional Alt 20
0.17%
0.00%
0.83%
0.00%
1.00%
JNL Institutional Alt 35
0.16%
0.00%
0.95%
0.01%
1.12%
JNL Institutional Alt 50
0.16%
0.00%
1.06%
0.00%
1.22%
JNL/American Funds Balanced Allocation
0.45%
0.25%
0.48%
0.00%
1.18%
JNL/American Funds Growth Allocation
0.45%
0.25%
0.50%
0.00%
1.20%
JNL/BlackRock Commodity Securities Strategy
0.77%
0.20%
0.01%
0.01%
0.99%
JNL/BlackRock Global Allocation
0.89%
0.20%
0.01%
0.01%
1.11%
JNL/Brookfield Global Infrastructure
0.95%
0.20%
0.01%
0.00%
1.16%
JNL/Capital Guardian Global Balanced
0.80%
0.20%
0.01%
0.01%
1.02%
JNL/Capital Guardian Global Diversified Research
0.87%
0.20%
0.01%
0.01%
1.09%
JNL/Eagle SmallCap Equity
0.78%
0.20%
0.00%
0.00%
0.98%
JNL/Eastspring Investments Asia ex-Japan
1.05%
0.20%
0.00%
0.02%
1.27%
JNL/Eastspring Investments China-India
1.10%
0.20%
0.00%
0.01%
1.31%
JNL/Franklin Templeton Founding Strategy
0.05%
0.00%
1.03%
0.00%
1.08%
JNL/Franklin Templeton Global Growth
0.84%
0.20%
0.01%
0.01%
1.06%
JNL/Franklin Templeton Global Multisector Bond
0.90%
0.20%
0.03%
0.00%
1.13%
JNL/Franklin Templeton Income
0.73%
0.20%
0.02%
0.01%
0.96%
JNL/Franklin Templeton International Small Cap Growth
1.10%
0.20%
0.01%
0.00%
1.31%
JNL/Franklin Templeton Mutual Shares
0.83%
0.20%
0.02%
0.01%
1.06%
JNL/Franklin Templeton Small Cap Value
0.90%
0.20%
0.02%
0.00%
1.12%
JNL/Goldman Sachs Core Plus Bond
0.67%
0.20%
0.03%
0.01%
0.91%
JNL/Goldman Sachs Mid Cap Value
0.81%
0.20%
0.01%
0.00%
1.02%
JNL/Goldman Sachs U.S. Equity Flex
0.95%
0.20%
0.01%
0.98%
2.14%
JNL/Invesco Global Real Estate
0.85%
0.20%
0.01%
0.00%
1.06%
JNL/Invesco International Growth
0.80%
0.20%
0.02%
0.00%
1.02%
JNL/Invesco Large Cap Growth
0.76%
0.20%
0.01%
0.00%
0.97%
JNL/Invesco Small Cap Growth
0.95%
0.20%
0.01%
0.00%
1.16%
JNL/Ivy Asset Strategy
1.01%
0.20%
0.01%
0.00%
1.22%
JNL/JPMorgan International Value
0.80%
0.20%
0.00%
0.01%
1.01%
JNL/JPMorgan MidCap Growth
0.77%
0.20%
0.01%
0.00%
0.98%
JNL/JPMorgan U.S. Government & Quality Bond
0.48%
0.20%
0.01%
0.00%
0.69%
 
 
9

 
 
 
Fund Operating Expenses
 
(As an annual percentage
of each Fund's average
daily net assets)
 
Fund Name
 
Management
and Admin Fee
 
Distribution
and/or
Service
  (12b-1) Fees
 
 
Acquired
Fund
Fees and
Expenses  
 
Other
Expenses  
 
Total Annual
Fund
Operating
Expenses
 
JNL/Lazard Mid Cap Equity  
0.81%
0.20%
0.01%
0.00%
1.02%
JNL/M&G Global Basics
1.00%
0.20%
0.00%
0.00%
1.20%
JNL/M&G Global Leaders
1.00%
0.20%
0.00%
0.00%
1.20%
JNL/Mellon Capital Emerging Markets Index
0.55%
0.20%
0.01%
0.04%
0.80%
JNL/Mellon Capital European 30
0.57%
0.20%
0.00%
0.00%
0.77%
JNL/Mellon Capital Pacific Rim 30
0.54%
0.20%
0.00%
0.01%
0.75%
JNL/Mellon Capital S&P 500 Index
0.35%
0.20%
0.01%
0.03%
0.59%
JNL/Mellon Capital S&P 400 MidCap Index
0.37%
0.20%
0.01%
0.02%
0.60%
JNL/Mellon Capital Small Cap Index
0.36%
0.20%
0.00%
0.02%
0.58%
JNL/Mellon Capital International Index
0.41%
0.20%
0.00%
0.04%
0.65%
JNL/Mellon Capital Bond Index
0.36%
0.20%
0.01%
0.00%
0.57%
JNL/Mellon Capital Dow Jones U.S. Contrarian Opportunities Index
0.48%
0.20%
0.00%
0.02%
0.70%
JNL/Mellon Capital Index 5
0.05%
0.00%
0.59%
0.00%
0.64%
JNL/Mellon Capital 10 x 10
0.05%
0.00%
0.62%
0.00%
0.67%
JNL/Morgan Stanley Mid Cap Growth
0.90%
0.20%
0.02%
0.01%
1.13%
JNL/Neuberger Berman Strategic Income
0.75%
0.20%
0.06%
0.00%
1.01%
JNL/Oppenheimer Global Growth
0.80%
0.20%
0.00%
0.01%
1.01%
JNL/PIMCO Real Return
0.58%
0.20%
0.00%
0.07%
0.85%
JNL/PIMCO Total Return Bond
0.60%
0.20%
0.00%
0.00%
0.80%
JNL/PPM America Floating Rate Income
0.80%
0.20%
0.01%
0.00%
1.01%
JNL/PPM America High Yield Bond
0.54%
0.20%
0.01%
0.00%
0.75%
JNL/PPM America Mid Cap Value
0.85%
0.20%
0.00%
0.01%
1.06%
JNL/PPM America Small Cap Value
0.85%
0.20%
0.00%
0.01%
1.06%
JNL/PPM America Value Equity
0.65%
0.20%
0.00%
0.01%
0.86%
JNL/T. Rowe Price Established Growth
0.66%
0.20%
0.00%
0.01%
0.87%
JNL/T. Rowe Price Mid-Cap Growth
0.80%
0.20%
0.00%
0.01%
1.01%
JNL/T. Rowe Price Short-Term Bond
0.51%
0.20%
0.00%
0.00%
0.71%
JNL/UBS Large Cap Select Growth
0.77%
0.20%
0.01%
0.00%
0.98%
JNL/WMC Balanced
0.54%
0.20%
0.01%
0.00%
0.75%
JNL/WMC Value
0.58%
0.20%
0.00%
0.00%
0.78%
JNL/S&P Managed Conservative
0.15%
0.00%
0.84%
0.00%
0.99%
JNL/S&P Managed Moderate
0.14%
0.00%
0.87%
0.00%
1.01%
JNL/S&P Managed Moderate Growth
0.14%
0.00%
0.91%
0.00%
1.05%
JNL/S&P Managed Growth
0.14%
0.00%
0.94%
0.00%
1.08%
JNL/S&P Managed Aggressive Growth
0.16%
0.00%
0.96%
0.00%
1.12%
JNL Disciplined Moderate
0.17%
0.00%
0.75%
0.00%
0.92%
JNL Disciplined Moderate Growth
0.17%
0.00%
0.72%
0.00%
0.89%
JNL Disciplined Growth
0.18%
0.00%
0.70%
0.00%
0.88%
JNL/S&P Competitive Advantage
0.49%
0.20%
0.00%
0.00%
0.69%
JNL/S&P Dividend Income & Growth
0.47%
0.20%
0.00%
0.00%
0.67%
JNL/S&P Intrinsic Value
0.49%
0.20%
0.00%
0.00%
0.69%
JNL/S&P Total Yield
0.50%
0.20%
0.00%
0.00%
0.70%
JNL/S&P 4
0.05%
0.00%
0.69%
0.00%
0.74%
JNL/Mellon Capital Nasdaq ® 25
0.44%
0.20%
0.00%
0.05%
0.69%
JNL/Mellon Capital Value Line ® 30
0.44%
0.20%
0.00%
0.10%
0.74%
JNL/Mellon Capital Dow SM Dividend
0.44%
0.20%
0.00%
0.03%
0.67%
JNL/Mellon Capital S&P ® 24
0.44%
0.20%
0.00%
0.02%
0.66%
JNL/Mellon Capital 25
0.44%
0.20%
0.00%
0.00%
0.64%
JNL/Mellon Capital Select Small-Cap
0.45%
0.20%
0.00%
0.00%
0.65%
JNL/Mellon Capital JNL 5
0.42%
0.20%
0.00%
0.02%
0.64%
JNL/Mellon Capital VIP
0.45%
0.20%
0.00%
0.03%
0.68%
JNL/Mellon Capital JNL Optimized 5
0.44%
0.20%
0.00%
0.04%
0.68%
JNL/Mellon Capital S&P ® SMid 60
0.44%
0.20%
0.00%
0.02%
0.66%
JNL/Mellon Capital NYSE ® International 25
0.53%
0.20%
0.00%
0.05%
0.78%
JNL/Mellon Capital Communications Sector
0.48%
0.20%
0.00%
0.02%
0.70%
JNL/Mellon Capital Consumer Brands Sector
0.46%
0.20%
0.00%
0.02%
0.68%
JNL/Mellon Capital Financial Sector
0.45%
0.20%
0.00%
0.03%
0.68%
JNL/Mellon Capital Healthcare Sector
0.44%
0.20%
0.00%
0.03%
0.67%
JNL/Mellon Capital Oil & Gas Sector
0.43%
0.20%
0.00%
0.03%
0.66%
 
 
10

 
 
 
Fund Operating Expenses
 
(As an annual percentage
of each Fund's average
daily net assets)
 
Fund Name
 
Management
and Admin Fee
 
Distribution
and/or
Service
  (12b-1) Fees
 
 
Acquired
Fund
Fees and
Expenses  
 
Other
Expenses  
 
Total Annual
Fund
Operating
Expenses
 
JNL/Mellon Capital Technology Sector
0.44%
0.20%
0.00%
0.03%
0.67%

A
Fees and expenses at the Master Fund level for Class 1 shares of each respective Fund are as follows:

 
JNL/American Funds Blue Chip Income and Growth Fund: Management Fee: 0.41%; Distribution and/or Service (12b-1) Fee: 0%; Other Expenses: 0.02%; Total Annual Portfolio Operating Expenses: 0.43%.

 
JNL/American Funds Global Bond Fund: Management Fee: 0.53%; Distribution and/or Service (12b-1) Fee: 0%; Other Expenses: 0.03%; Total Annual Portfolio Operating Expenses: 0.56%.

 
JNL/American Funds Global Small Capitalization Fund: Management Fee: 0.71%; Distribution and/or Service (12b-1) Fee: 0%; Other Expenses: 0.04%; Total Annual Portfolio Operating Expenses: 0.75%.

 
JNL/American Funds Growth-Income Fund: Management Fee: 0.27%; Distribution and/or Service (12b-1) Fee: 0%; Other Expenses: 0.02%; Total Annual Portfolio Operating Expenses: 0.29%.

 
JNL/American Funds International Fund: Management Fee: 0.49%; Distribution and/or Service (12b-1) Fee: 0%; Other Expenses: 0.05%; Total Annual Portfolio Operating Expenses: 0.54%.

 
JNL/American Funds New World Fund: Management Fee: 0.73%; Distribution and/or Service (12b-1) Fee: 0%; Other Expenses: 0.06%; Total Annual Portfolio Operating Expenses: 0.79%.

B
JNAM has entered into a contractual agreement with the Fund under which it will waive a portion of its advisory fee for such time as the Fund is operated as a Feeder Fund, because during that time it will not be providing the portfolio management portion of the investment advisory and management services. This fee waiver will generally continue as long as the Fund is part of a master-feeder Fund structure, but in any event, the fee waiver will continue for at least one year from the date of this Prospectus, unless the Board of Trustees approves a change in or elimination of the waiver. This fee waiver is subject to yearly review and approval by the Board of Trustees. The Management and Admin Fee and the Annual Operating Expense columns in this table reflect the inclusion of the contractual fee waivers.

C
JNAM has entered into a contractual agreement with the Fund under which it will waive a portion of its advisory fee for at least one year from the date of this Prospectus. Thereafter, the waiver will automatically renew for one-year terms unless the Adviser provides written notice of the termination of the agreement to the Board of Trustees within 30 days of the end of the then current term.

D
JNAM has contractually agreed to waive fees and reimburse expenses of the Fund to the extent necessary to limit the total operating expenses of each class of shares of the Fund, exclusive of brokerage costs, interest, taxes and dividend and extraordinary expenses, to an annual rate (as a percentage of the average daily net assets of the Fund) equal to or less than the Fund’s investment income for the period.  The fee waiver will continue for at least one year from the date of this Prospectus, unless the Board of Trustees approves a change in or elimination of the waiver. This fee waiver is subject to yearly review and approval by the Board of Trustees. 

EXAMPLE
 
The example below is intended to help you compare the cost of investing in the Contract with the cost of investing in other variable annuity contracts. These costs include Contract Owner transaction expenses, Contract fees, Separate Account annual expenses and Fund fees and expenses.

(The Annual Contract Maintenance Charge is determined by dividing the total amount of such charges collected during the calendar year by the total market value of the Investment Divisions and Fixed Account.)

The example assumes that you invest $10,000 in the Contract for the time periods indicated.  Neither transfer fees nor Premium tax charges are reflected in the example.  The example also assumes that your investment has a 5% annual return on assets each year.

The following example includes maximum Fund fees and expenses and the cost if you select the optional 4% Contract Enhancement, the Highest Anniversary Value Death Benefit, the optional Four-year Withdrawal Charge Period, and the Guaranteed Minimum Withdrawal Benefit (using the maximum possible charge).  Although your actual costs may be higher or lower, based on these assumptions, your costs would be:

If you surrender your Contract at the end of the applicable time period:

1 year
3 years
5 years
10 years
$1,76 6
$2,91 9
$4,0 71
$6, 849

If you annuitize at the end of the applicable time period:
 
 
11

 
 
1 year
3 years
5 years
10 years
$1,76 6
$2,61 9
$4,0 71
$6, 849

* Please be aware that, although we show this cost for comparison purposes, you are not allowed to annuitize this Contract within 13 months of the Contract's Issue Date.

If you do not surrender your Contract:

1 year
3 years
5 years
10 years
$81 6
$2,3 69
$3, 821
$6, 849
 
The example does not represent past or future expenses.  Your actual costs may be higher or lower.

CONDENSED FINANCIAL INFORMATION

The information about the values of all Accumulation Units constitutes the condensed financial information.  This information is not currently provided, but will be provided in the Statement of Additional Information when information for a full calendar year is available.   The value of an Accumulation Unit is determined on the basis of changes in the per share value of an underlying Fund and Separate Account charges for the base Contract and the various combinations of optional endorsements.  The financial statements of the Separate Account and Jackson of NY can be found in the Statement of Additional Information.  The financial statements of the Separate Account include information about all the contracts offered through the Separate Account.  The financial statements of Jackson of NY that are included should be considered only as bearing upon the company's ability to meet its contractual obligations under the Contracts.  Jackson of NY's financial statements do not bear on the future investment experience of the assets held in the Separate Account.  For your copy of the Statement of Additional Information, please contact us at the Annuity Service Center.  Our contact information is on the cover page of this prospectus.
 

THE ANNUITY CONTRACT

Your Contract is a contract between you, the Owner, and us.  Your Contract is intended to help facilitate your retirement savings on a tax-deferred basis, or other long-term investment purposes, and provides for a death benefit.  Purchases under tax-qualified plans should be made for other than tax deferral reasons.  Tax-qualified plans provide tax deferral that does not rely on the purchase of an annuity contract.  We will not issue a Contract to someone older than age 90.  Optional benefits may have different requirements, as noted.

You may allocate your Contract Value to

our Fixed Account, as may be made available by us, or as may be otherwise limited by us, or to
 
Investment Divisions of the Separate Account that invest in underlying Funds.

Your Contract, like all deferred annuity contracts, has two phases:

the accumulation phase, when you make Premium payments to us, and
 
the income phase, when we make income payments to you.

As the Owner, you can exercise all the rights under your Contract.  You can assign your Contract at any time during your lifetime, but we will not be bound until we receive written notice of the assignment (there is an assignment form).  We reserve the right to refuse an assignment, and an assignment may be a taxable event.  Your ability to change ownership is limited on Contracts with one of the For Life GMWBs.  Please contact the Annuity Service Center for help and more information.

The Contract is a flexible Premium fixed and variable deferred annuity and may be issued as either an individual or a group contract.  If the Four-Year Withdrawal Charge Period is elected, no Premiums will be accepted after the first Contract Year. This prospectus provides a description of the material rights and obligations under the Contract.  Your Contract and any endorsements are the formal contractual agreement between you and the Company.

JACKSON OF NY

We are a stock life insurance company organized under the laws of the state of New York in July 1995.  Our legal domicile and principal business address is 2900 Westchester Avenue, Purchase, New York 10577.  We are admitted to conduct life insurance and annuity business in the states of Delaware, New York and Michigan.  We are ultimately a wholly owned subsidiary of Prudential plc
 
 
12

 
 
(London, England).  Prudential plc is also the ultimate parent of M&G Investment Management Limited, PPM America, Inc., and Eastspring Investments (Singapore) Limited, each a sub-adviser; and Jackson National Asset Management, LLC (“JNAM”) , the Funds’ investment adviser and administrator.   JNAM provides certain administrative services with respect to the Separate Account, including separate account administration services and financial accounting services.  JNAM is located at 225 West Wacker Drive, Chicago, IL 60606.

We issue and administer the Contracts and the Separate Account.  We maintain records of the name, address, taxpayer identification number and other pertinent information for each Owner, the number and type of Contracts issued to each Owner and records with respect to the value of each Contract.

Jackson of NY is working to provide documentation electronically.  When this program is available, Jackson of NY will, as permitted, forward documentation electronically.  Please contact us at our Annuity Service Center for more information.

THE FIXED ACCOUNT
 
Contract Value that you allocate to a Fixed Account option will be placed with other assets in our General Account.  Unlike the Separate Account, the General Account is not segregated or insulated from the claims of the insurance company's creditors.  Investors are looking to the financial strength of the insurance company for its obligations under the Contract, including, for example, guaranteed minimum death benefits and guaranteed minimum withdrawal benefits.  The Fixed Account is not registered with the SEC, and the SEC does not review the information we provide to you about it.  Disclosures regarding the Fixed Account, however, may be subject to the general provisions of the federal securities laws relating to the accuracy and completeness of statements made in prospectuses.  For more information, please see the application, check with the registered representative helping you to purchase the Contract, or contact us at our Annuity Service Center.

The following restrictions currently apply on Contracts with an optional Contract Enhancement.  During the first eight Contract Years (six Contract Years for the 2% Contract Enhancement), the three, five and seven year Fixed Account Options are not available and transfers to any Fixed Account Option are not permitted (including under the Dollar Cost Averaging program).  During the first seven Contract Years (five Contract Years for the 2% Contract Enhancement), Premiums may be allocated to the one year Fixed Account Option. However, any Premium allocated to the one year Fixed Account must be transferred out of the one year Fixed Account in a series of scheduled monthly transfers to your choice of Investment Divisions within either a 6 or 12 month period beginning on the date we received the Premium. Therefore, at the end of the 6 or 12 month period, all amounts in the one year Fixed Account will have been transferred out of the one year Fixed Account.  See "Additional Information Concerning the One-Year Fixed Account Option" below for additional information on the transfer out provision.  These restrictions may be modified, eliminated, or otherwise revised, at which time we will provide you with written notice of the changes.

Each Fixed Account option credits interest to your Contract Value in the Fixed Account for a specified period that you select (currently, one, three, five or seven years), so long as the Contract Value is not withdrawn, transferred, or annuitized until the end of the specified period.  You may not elect any Fixed Account Option that extends beyond the Income Date, other than the one-year option; and election of the one-year option will not extend the Income Date.  Rather, commencing on the Income Date, we will cease to credit interest under any one-year Fixed Account Option that has not yet reached the end of its term.

Rates of Interest We Credit.  The Contracts guarantee a Fixed Account minimum interest rate that applies to every Fixed Account Option under any Contract, regardless of the term of that option.  The Fixed Account minimum interest rate guaranteed by the Contracts at least equals the minimum rate prescribed by the applicable non-forfeiture law.  In addition, we establish a declared rate of interest (“base interest rate”) at the time you allocate any Premium payment or other Contract Value to a Fixed Account Option, and that base interest rate will remain in effect for the entire term of the Fixed Account Option that you select for that allocation.  To the extent that the base interest rate that we establish for any allocation is higher than the Fixed Account minimum interest rate, we will credit that allocation with the higher base interest rate.  Thus, the declared base interest rate could be greater than the guaranteed Fixed Account minimum interest rate specified in your Contract, but will never cause you to be credited with less than the currently applicable Fixed Account minimum interest rate.  Subject to the Fixed Account minimum interest rate, we may declare different base interest rates at different times, although any new base interest rate Jackson declares for a Fixed Account Option will apply only to Premiums or other amounts allocated to that Fixed Account Option after the new rate goes into effect.

The Fixed Account minimum interest rate will be a rate, credited daily, that will be reset every January pursuant to a formula that is prescribed under applicable state nonforfeiture laws and that is set forth in the Contracts.  Specifically, the Fixed Account minimum interest rate will be reset each January to equal the average of the daily five-year Constant Maturity Treasury Rates reported by the Federal Reserve for the preceding October (rounded to the nearest 1/20 of a percent), less 1.25%, provided further that the Fixed Account minimum interest rate will never be less than 1% or more than 3%.  As noted above, these limits are prescribed by state non-forfeiture laws and set forth in the Contracts.  This means that the Fixed Account minimum interest rate applicable to your Contract will in no case ever exceed a maximum of 3%. Your Contract’s initial Fixed Account minimum interest rate will be stated in your Contract, and will be the rate that is in effect on the Contract’s Issue Date pursuant to the foregoing formula.  Thereafter, on the Contract Monthly Anniversary for each January, the Fixed Account minimum interest rate will be reset in accordance with the above formula. (The Contract Monthly Anniversary for any January is the Contract Monthly Anniversary that falls within that month).  If
 
 
13

 
 
you allocate a Premium payment or other Contract Value to a Fixed Account Option, the Fixed Account minimum interest rate in effect at the time of the allocation would initially apply to that allocation.  Subsequent resets of the Fixed Account minimum interest rate on each January Contract Monthly Anniversary could change the amount of interest you would thereafter earn on that allocation.  Thus, if the new Fixed Account minimum interest rate is higher than the rate previously being credited to your allocation to a Fixed Account Option, the interest rate being credited would increase to that new higher rate.  On the other hand, if the new Fixed Account minimum interest rate is lower than the rate being credited to your allocation, the interest rate being credited would decrease to that lower rate, but never below the base interest rate.  We will advise you of any new Fixed Account minimum interest rate in the fourth quarter report for the calendar year preceding the January Contract Monthly Anniversary on which the change occurs.

For the most current information about applicable interest rates, you may contact your registered representative or (at the address and phone number on the cover page of this prospectus) our Annuity Service Center.

Interest Rate Adjustment.  An Interest Rate Adjustment may apply to amounts withdrawn, transferred or annuitized from a Fixed Account Option prior to the end of the specified period.  The Interest Rate Adjustment reflects changes in the level of interest rates since the beginning of the Fixed Account Option period.   In order to determine whether there will be an Interest Rate Adjustment, we first consider the base interest rate of the Fixed Account Option from which you are taking an amount as a withdrawal, transfer, or annuitization.  As discussed above under ‘Rates of Interest we Credit,’ the ‘base interest rate’ is a rate which we declare at the time you allocate any amount to a Fixed Account Option and which we credit to that Fixed Account Option if and when such base interest rate is higher than the Fixed Account minimum interest rate.  The Interest Rate Adjustment is based on the relationship of the base interest rate on your Fixed Account Option to the ‘current new business interest rate,’ which is a rate that we use solely for purposes of calculating the amount of any Interest Rate Adjustment.  The ‘current new business interest rate’ is .25% per annum greater than the base interest rate we are then offering on a new Fixed Account Option with the same duration as your Fixed Account Option.  If we are not then offering that duration, we will estimate a base interest rate for that duration based on the closest durations that we are then offering.

Generally, the Interest Rate Adjustment will (a) increase the amount withdrawn, transferred, or annuitized when the current new business rate is lower than the base interest rate being credited for the Fixed Account Option from which the amount is being taken and will (b) decrease the amount withdrawn, transferred, or annuitized when the current new business rate is higher than the base interest rate for the Fixed Account Option from which the amount is being taken. There will be no interest rate adjustment if these rates are the same. Any adjustment resulting from the Interest Rate Adjustment is applied to the amount that is being withdrawn, transferred, or annuitized from the Fixed Account Option.  However, an Interest Rate Adjustment will not otherwise affect the values under your Contract.

Moreover, even if the current new business interest rate is greater than the base interest rate for the Fixed Account Option from which the amount is being taken, there will be no Interest Rate Adjustment if the difference between the two is less than 0.25%.   This limitation avoids decreases in the amount withdrawn, transferred, or annuitized in situations where the general level of interest rates has declined but the current new business interest rate nevertheless exceeds the base interest rate for your Fixed Account Option because of the additional .25% that (as described above) is added when determining the current new business rate.

Also, there is no Interest Rate Adjustment on: amounts taken from the one-year Fixed Account option; death benefit proceed payments; payments pursuant to a life contingent income option or an income option resulting in payments spread over at least five years; amounts withdrawn for Contract charges; and free withdrawals.  In no event will a total withdrawal, transfer or annuitization from the Fixed Account Options be less than the Fixed Account minimal value.  The Fixed Account minimum value at least equals the minimum value prescribed by the applicable non-forfeiture law. The Fixed Amount minimum value for any Fixed Account Option is the amount that would result from (1) accumulating the following amounts at the Fixed Account minimum interest rate: (a) any Premium payments (net of any associated Premium taxes plus any Contract Enhancements) or transfers that you allocate to that Fixed Account Option less (b) any withdrawals, transfers, or charges that are taken out of that Fixed Account Option; and (2) deducting any withdrawal charges, recapture charges, or charge for taxes due in connection with the withdrawal.  In the case of a partial withdrawal or transfer from a Fixed Account Option, you will have been credited with interest on the amount withdrawn or transferred at a rate at least equal to the Fixed Account minimum interest rate, even if subject to an Interest Rate Adjustment that otherwise would have reduced it below that rate.

The following example illustrates how the Fixed Account minimum value may affect an Interest Rate Adjustment on a partial withdrawal.  If you allocated your initial Premium of $10,000 to the Fixed Account and your declared rate of interest was 3%, after one year (assuming no other transactions or withdrawal charges) your Contract Value in the Fixed Account would be $10,300. If the Fixed Account minimum interest rate was 1%, your Fixed Account minimum value would be $10,100. In this case, an Interest Rate Adjustment could not reduce the withdrawal by more than $200 (the difference between your Contract Value in the Fixed Account and the Fixed Account minimum value).  For example, if you request an $8,000 withdrawal and it is subject to a $200 negative Interest Rate Adjustment, the withdrawal would be adjusted to $7,800. However, if it were subject to a negative $400 Interest Rate Adjustment, the $8,000 withdrawal still would only be adjusted to $7,800, so that it does not invade the Fixed Account minimum value. Immediately after either of these withdrawals, there will be no difference between your Contract Value in the Fixed Account and Fixed Account minimum value, and no negative Interest Rate Adjustments will apply on subsequent withdrawals until the Contract Value in the Fixed Account again grows to be larger than the Fixed Account minimum value.
 
 
14

 
 
End of Fixed Account Option Periods.  Whenever a specified period ends, you will have 30 days to transfer or withdraw the Contract Value in the Fixed Account option, and there will not be an Interest Rate Adjustment.  If you do nothing, then after 30 days, the Contract Value that remains in that Fixed Account option will be subject to another specified period of the same duration, subject to availability, and provided that that specified period will not extend beyond the Income Date.  If such new Fixed Account Option would extend beyond the Income Date, we will use the longest Fixed Account Option that does not extend beyond the Income Date; or (if less than 1 year remains until the Income Date) we will credit interest at the current interest rate under the one-year Fixed Account Option up to the Income Date.  If the specified period of the same duration that has ended is no longer available, we will use the next shorter period that is then available.

Additional Information Concerning the One-Year Fixed Account Option.  Please also refer to “Transfers and Frequent Transfer Restrictions” later in this prospectus for information about certain restrictions, limits and requirements that may apply (or may in the future apply) to transfers to or from the Fixed Account Options.  In particular, we describe certain additional restrictions that may apply with respect to transfers from the one-year Fixed Account Option, including the possibility that you might not be able to transfer all of your Contract Value out of the one-year Fixed Account Option for at least three years.  Accordingly, before allocating any Premium payments or other Contract Value to the one year Fixed Account Option, you should consider carefully the conditions we may impose upon your use of that option.

The DCA+ Fixed Account Option, if available, offers a fixed interest rate that we guarantee for a period of up to one year in connection with dollar-cost-averaging transfers to one or more of the Investment Divisions or systematic transfers to other Fixed Account Options.  From time to time, we will offer special interest rates on the DCA+ Fixed Account Option.  The DCA+ Fixed Account Option is only available for new Premiums.    We provide more information about Dollar Cost Averaging, including DCA+, under “Other Information” later in this prospectus.

THE SEPARATE ACCOUNT

We established the Separate Account on September 12, 1997, pursuant to the provisions of New York law.  The Separate Account is a separate account under state insurance law and a unit investment trust under federal securities law and is registered as an investment company with the SEC.

The assets of the Separate Account legally belong to us and the obligations under the Contracts are our obligations.  However, we are not allowed to use the Contract assets in the Separate Account to pay our liabilities arising out of any other business we may conduct.  All of the income, gains and losses resulting from these assets (whether or not realized) are credited to or charged against the Contracts and not against any other Contracts we may issue.

The Separate Account is divided into Investment Divisions.  We do not guarantee the investment performance of the Separate Account or any of its Investment Divisions.

INVESTMENT DIVISIONS

You may allocate your Contract Value to no more than 18 Investment Divisions and the Fixed Account at any one time.  Each Investment Division purchases the shares of one underlying Fund (mutual fund portfolio) that has its own investment objective.  The Investment Divisions are designed to offer the potential for a higher return than the Fixed Account.  However, this is not guaranteed.  It is possible for you to lose your Contract Value allocated to any of the Investment Divisions.  If you allocate Contract Values to the Investment Divisions, the amounts you are able to accumulate in your Contract during the accumulation phase depend upon the performance of the Investment Divisions you select.  The amount of the income payments you receive during the income phase also will depend, in part, on the performance of the Investment Divisions you choose for the income phase.

The following Funds in which the Investment Divisions invest are each known as a Fund of Funds.  Funds offered in a Fund of Funds structure may have higher expenses than direct investments in the underlying Funds.  You should read the prospectus for the JNL Series Trust for more information.

JNL/American Funds® Balanced Allocation
JNL/American Funds Growth Allocation
JNL Institutional Alt 20
JNL Institutional Alt 35
JNL Institutional Alt 50
JNL/Franklin Templeton Founding Strategy
JNL/Mellon Capital 10 x 10
JNL/Mellon Capital Index 5
JNL/S&P 4
JNL/S&P Managed Conservative
 
 
15

 
 
JNL/S&P Managed Moderate
JNL/S&P Managed Moderate Growth
JNL/S&P Managed Growth
JNL/S&P Managed Aggressive Growth
JNL Disciplined Moderate
JNL Disciplined Moderate Growth
JNL Disciplined Growth

In addition to the Fund of Funds structure, certain of the Funds operate as feeder funds that invest in master funds.  These Funds are identified in the following descriptions by the designation (“Feeder Fund”) following the name of the Fund.  For more information about a Feeder Fund, you should read the prospectus for the JNL Series Trust.

The names of the Funds that are available, along with the names of the advisers and sub-advisers and a brief statement of each investment objective, are below:
 

JNL/American Funds Blue Chip Income and Growth Fund (“Feeder Fund”)
Jackson National Asset Management, LLC, investment adviser to the Feeder Fund (and Capital Research and Management CompanySM, investment adviser to the Master Fund)
 
Seeks both income exceeding the average yield on U.S. stocks generally and to provide an opportunity for growth of principal consistent with sound common stock investing through exclusive investment in the Class 1 shares of the American Funds Insurance Series® – Blue Chip Income and Growth FundSM (“Master Blue Chip Income and Growth Fund” or “Master Fund”). The Master Fund invests primarily in dividend-paying common stocks of larger, more established companies domiciled in the United States with market capitalizations greater than $4 billion. The Master Fund also will ordinarily invest at least 90% of its equity assets in the stock of companies whose debt securities are rated at least investment grade. The Master Fund may invest up to 10% of its assets in equity securities of larger companies domiciled outside the United States, so long as they are listed or traded in the United States.
 
 
16

 


JNL/American Funds Global Bond Fund (“Feeder Fund”)
Jackson National Asset Management, LLC, investment adviser to the Feeder Fund (and Capital Research and Management CompanySM, investment adviser to the Master Fund)
 
Seeks, over the long term, a high level of total return consistent with prudent investment management through exclusive investment in the Class 1 shares of the American Funds Insurance Series® – Global Bond FundSM (“Master Global Bond Fund” or “Master Fund”).  The Master Fund is designed for investors seeking returns through a portfolio of debt securities issued by companies based around the world. The Master Fund seeks to provide, over the long term, with as high a level of total return as is consistent with prudent management, by investing at least 80% of its assets in bonds. The Master Fund invests primarily in debt securities of governmental, supranational and corporate issuers denominated in various currencies, including U.S. dollars. As the Master Fund seeks to invest globally, the Master Fund will allocate its assets among securities of companies domiciled in various countries, including the United States and countries with emerging markets (but no fewer than three countries).
 

JNL/American Funds Global Small Capitalization Fund (“Feeder Fund”)
Jackson National Asset Management, LLC, investment adviser to the Feeder Fund (and Capital Research and Management CompanySM, investment adviser to the Master Fund)
 
Seeks growth of capital over time through exclusive investment in the Class 1 shares of the American Funds Insurance Series® – Global Small Capitalization FundSM (“Master Global Small Capitalization Fund” or “Master Fund”). The Master Global Small Capitalization Fund invests at least 80% of its net assets in growth-oriented common stocks and other equity-type securities (such as preferred stocks, convertible preferred stocks and convertible bonds) of companies with small market capitalizations, measured at the time of purchase. As the Master Fund seeks to invest globally, the Master Fund will allocate its assets among securities of companies domiciled in various countries, including the United States and countries with emerging markets (but no fewer than three countries). The Master Global Small Capitalization Fund is designed for investors seeking capital appreciation through stocks. Investors in the Master Global Capitalization Fund should have a long-term perspective and, for example, be able to tolerate potentially sharp, short-term declines in value.
 

JNL/American Funds Growth-Income Fund (“Feeder Fund”)
Jackson National Asset Management, LLC, investment adviser to the Feeder Fund (and Capital Research and Management CompanySM, investment adviser to the Master Fund)
 
Seeks long-term growth of capital and income through exclusive investment in the Class 1 shares of the American Funds Insurance Series® – Growth-Income FundSM (“Master Growth-Income Fund” or “Master Fund”). The Master Growth-Income Fund seeks to make the investment grow and provide income over time by investing primarily in common stocks or other securities that the investment adviser to the Master Fund believes demonstrate the potential for appreciation and/or dividends.  The Master Growth-Income Fund may invest up to 15% of its assets, at the time of purchase, in securities of issuers domiciled outside the United States.
 

JNL/American Funds International Fund (“Feeder Fund”)
Jackson National Asset Management, LLC, investment adviser to the Feeder Fund (and Capital Research and Management CompanySM, investment adviser to the Master Fund)
 
Seeks long-term growth of capital through exclusive investment in the Class 1 shares of the American Funds Insurance Series® – International FundSM (“Master International Fund” or “Master Fund”). The Master International Fund seeks to make the investment grow over time by investing primarily in common stocks of companies domiciled outside the United States , including companies domiciled in developing countries, that the investment adviser of the Master Fund believes have the potential for growth . The Master Fund is designed for investors seeking capital appreciation through stocks. Investors in the Master Fund should have a long-term perspective and, for example, be able to tolerate potentially sharp, short-term declines in value.
 

JNL/American Funds New World Fund (“Feeder Fund”)
Jackson National Asset Management, LLC, investment adviser to the Feeder Fund (and Capital Research and Management CompanySM, investment adviser to the Master Fund)
 
Seeks long-term capital appreciation through exclusive investment in the Class 1 shares of the American Funds Insurance Series® – New World Fund ® (“Master New World Fund” or “Master Fund”).  The Master Fund is designed for investors seeking capital appreciation over time.  The Fund may invest in companies without regard to market capitalization, including companies with small market capitalizations.  Investors in the Master Fund should have a long-term perspective and, for example, be able to tolerate potentially sharp, short-term declines in value.  Under normal market conditions, the Master Fund will invest at least 35% of its assets in equity and debt securities of issuers primarily based in qualified countries that have developing economies and/or markets.
 

JNL Institutional Alt 20 Fund
Jackson National Asset Management, LLC
 
Seeks long-term growth of capital and income by investing in Class A shares of a diversified group of other f unds (“Underlying Funds”) that invest primarily in equity and fixed income securities .  The Underlying Funds in which the Fund may invest are series of the JNL Series Trust, the JNL Variable Fund LLC, and the Curian Variable Series Trust.  Not all f unds of the JNL Series Trust, the JNL Variable Fund LLC, and the Curian Variable Series Trust are available as Underlying Funds.  Under normal circumstances, the Fund has a target percentage allocation among the specified Underlying Funds that are categorized as primarily investing in traditional asset classes and strategies (approximately 80%), and non-traditional asset classes and strategies (approximately 20%).   Investments may include Underlying Funds that invest in both domestic and international stocks of large established companies, in stocks of smaller companies with above-average growth potential, in fixed income securities including bonds of U.S. issuers as well as foreign bonds denominated in currencies other than U.S. dollars, in investment-grade securities, as well as, Underlying Funds that invest in high-yield, high-risk bonds.
 

JNL Institutional Alt 35 Fund
Jackson National Asset Management, LLC
 
 
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Seeks long-term growth of capital and income by investing in Class A shares of a diversified group of other f unds (“Underlying Funds”) that invest primarily in equity and fixed income securities .  The Underlying Funds in which the Fund may invest are series of the JNL Series Trust, the JNL Variable Fund LLC, and the Curian Variable Series Trust.  Not all f unds of the JNL Series Trust, the JNL Variable Fund LLC, and the Curian Variable Series Trust are available as Underlying Funds.  Under normal circumstances, the Fund has a target percentage allocation among the specified Underlying Funds that are categorized as primarily investing in traditional asset classes and strategies (approximately 65%), and non-traditional asset classes and strategies (approximately 35%).   Investments may include Underlying Funds that invest in both domestic and international stocks of large established companies, in stocks of smaller companies with above-average growth potential, in fixed income securities including bonds of U.S. issuers as well as foreign bonds denominated in currencies other than U.S. dollars, in investment-grade securities, as well as, Underlying Funds that invest in high-yield, high-risk bonds.
 

JNL Institutional Alt 50 Fund
Jackson National Asset Management, LLC
 
Seeks long-term growth of capital and income by investing in Class A shares of a diversified group of other f unds (“Underlying Funds”) that invest primarily in equity and fixed income securities .  The Underlying Funds in which the Fund may invest are series of the JNL Series Trust, the JNL Variable Fund LLC, and the Curian Variable Series Trust.  Not all f unds of the JNL Series Trust, the JNL Variable Fund LLC, and the Curian Variable Series Trust are available as Underlying Funds.  Under normal circumstances, the Fund has a target percentage allocation among the specified Underlying Funds that are categorized as primarily investing in traditional asset classes and strategies (approximately 50%), and non-traditional asset classes and strategies (approximately 50%).   Investments may include Underlying Funds that invest in both domestic and international stocks of large established companies, in stocks of smaller companies with above-average growth potential, in fixed income securities including bonds of U.S. issuers as well as foreign bonds denominated in currencies other than U.S. dollars, in investment-grade securities, as well as, Underlying Funds that invest in high-yield, high-risk bonds.
 

JNL/American Funds® Balanced Allocation Fund
Jackson National Asset Management, LLC
 
Seeks a balance between current income and growth of capital by investing in Class 1 shares of a diversified group of other Funds (“Underlying Funds”).  The Underlying Funds in which the Fund may invest are a part of the American Funds Insurance Series® (“AFIS”).  Not all Funds of AFIS are available as Underlying Funds.  Under normal circumstances, the Fund allocates approximately 50%-80% of its assets to Underlying Funds that invest primarily in equity securities and 20%-50% of its assets to Underlying Funds that invest primarily in fixed income securities.
 
JNL/American Funds Growth Allocation Fund
Jackson National Asset Management, LLC
 
Seeks capital growth with a secondary emphasis on current income by investing in Class 1 shares of a diversified group of other Funds (“Underlying Funds”).  The Underlying Funds in which the Fund may invest are a part of the American Funds Insurance Series® (“AFIS”).  Not all Funds of AFIS are available as Underlying Funds.  Under normal circumstances, the Fund allocates approximately 70%-100% of its assets to Underlying Funds that invest primarily in equity securities and 0%-30% of its assets to Underlying Funds that invest primarily in fixed income securities.
 

JNL/BlackRock Commodity Securities Strategy Fund (formerly, JNL/BlackRock Commodity Securities Fund )
Jackson National Asset Management, LLC (and BlackRock Investment Management, LLC)
 
Seeks long-term capital growth by investing in equity securities and commodity-linked derivative instruments that provide exposure to the natural resources sector, as well as fixed income securities.  The Fund may invest in securities of any market capitalization.
 
Under normal market conditions, the Fund will utilize two strategies and will invest approximately 50% to 75% of its assets in the “Natural Resources Strategy,” and 25% to 50% of its assets in the “Commodity Strategy.”  The “Natural Resources Strategy” will focus on companies active in the extraction, production, and processing of commodities and raw materials. The “Commodity Strategy” will focus on investments in commodity securities.
 

JNL/BlackRock Global Allocation Fund
Jackson National Asset Management, LLC (and BlackRock Investment Management, LLC)
 
Seeks high total investment return by investing in a portfolio of equity and debt securities, money market securities and other short-term securities or instruments of issuers located around the world.  Generally, the Fund will invest in both equity and debt securities and seeks diversification across markets, industries and issuers as one of its strategies to reduce volatility. Equity securities include common stock, rights and warrants, preferred stock, securities convertible into common stock, or securities or other instruments whose price is linked to the value of common stock.  The Fund may invest in the securities of companies of any market capitalization.  The Fund uses derivatives as a means of managing exposure to foreign currencies and other adverse market movements, as well as to increase returns.
 

JNL/Brookfield Global Infrastructure Fund
Jackson National Asset Management, LLC (and Brookfield Investment Management Inc.)
 
Seeks total return through growth of capital and current income by investing , under normal market conditions, at least 80% of its net assets in securities of publicly traded equity securities of infrastructure companies listed on a domestic or foreign exchange, throughout the world, including the United States.  Securities in which the Fund may invest include, but are not limited to, common, convertible and preferred stock, stapled securities, income trusts, limited partnerships, and limited partnership interests in the general partners of master limited partnerships, issued by infrastructure and infrastructure-related companies.
 

JNL/Capital Guardian Global Balanced Fund
Jackson National Asset Management, LLC (and Capital Guardian Trust Company)
 
 
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Seeks income and capital growth, consistent with reasonable risk through investments in stocks and fixed income securities of U.S. and non-U.S. issuers.  The Fund’s neutral position is a 65%/35% blend of equities and fixed income , but may allocate 55% to 75% of the Fund’s assets to equity securities and 25% to 45% of the Fund’s assets to fixed income securities.  The Fund may also invest in debt securities of developing country (emerging market) issuers.
 

JNL/Capital Guardian Global Diversified Research Fund
Jackson National Asset Management, LLC (and Capital Guardian Trust Company)
 
Seeks long-term growth of capital and income by investing at least 80% of its assets in a portfolio consisting of equity securities of U.S. and non-U.S. issuers. The Fund normally will invest in common stocks, preferred shares and convertible securities of companies with market capitalization greater than $1 billion at the time of purchase.  The Fund may also invest in equity securities of developing country (emerging market) issuers.
 

JNL/DFA U.S. Core Equity Fund
Jackson National Asset Management, LLC (and Dimensional Fund Advisors LP)
 
Seeks long-term capital appreciation by investing, under normal market conditions, at least 80% of its assets in equity securities of U.S. companies.  The percentage allocation of the assets of the Fund to securities of the largest U.S. growth companies will generally be reduced from between 2.5% and 25% of their percentage weight in the U.S. universe.  The percentage by which the Fund’s allocation to securities of the largest U.S. growth companies is reduced will change due to market movements.  Additionally, the range by which the Fund’s percentage allocation to all securities as compared to the U.S. Universe may be modified after considering other factors the Sub-Adviser determines to be appropriate, such as free float, momentum, trading strategies, liquidity management and expected profitability.
 

JNL/Eagle SmallCap Equity Fund
Jackson National Asset Management, LLC (and Eagle Asset Management, Inc.)
 
Seeks long-term capital appreciation by investing, under normal circumstances, at least 80% of its assets in a diversified portfolio of equity securities of U.S. companies with market capitalizations in the range of the companies represented by the Russell 2000® Index.  The Fund’s equity holdings consist primarily of common stocks, but may also include preferred stocks and investment grade securities convertible into common stocks, and warrants.
 

JNL/Eastspring Investments Asia ex-Japan Fund
Jackson National Asset Management, LLC (and Eastspring Investments (Singapore) Limited)
 
Seeks long-term total return and capital appreciation by investing under normal circumstances at least 80% of its assets in equity and equity-related securities (such as depositary receipts, convertible bonds and warrants) of companies, which are listed, incorporated, or have their area of primary activity in the Asia ex-Japan region.   Consistent with the Fund’s objectives, the Fund may from time to time purchase derivative securities, including, but not limited to, forward currency contracts, futures, and options to, among other reasons, manage foreign currency and security exposure, provide liquidity, provide exposure not otherwise available, manage risk and implement investment strategies in a more efficient manner.  Derivatives will not be used, however, to leverage the Fund's exposure above its total net assets.
 

JNL/Eastspring Investments China-India Fund
Jackson National Asset Management, LLC (and Eastspring Investments (Singapore) Limited)
 
Seeks long-term total return by investing normally, 80% of its assets in equity and equity-related securities (such as depositary receipts, convertible bonds and warrants) of corporations, which are incorporated in, or listed in, or have their area of primary activity in the People’s Republic of China and India. Consistent with the Fund’s objectives, the Fund may from time to time purchase derivative securities, including, but not limited to, forward currency contracts, futures, and options to, among other reasons, manage foreign currency and security exposure, provide liquidity, provide exposure not otherwise available, manage risk and implement investment strategies in a more efficient manner.  Derivatives will not be used, however, to leverage the Fund's exposure above its total net assets.
 

JNL/Franklin Templeton Founding Strategy Fund
Jackson National Asset Management, LLC
 
Seeks capital appreciation by investing in/ making allocations (approximately 33 1/3 %) of its assets and cash flows among Class A shares of the following three Underlying Funds: 1) JNL/Franklin Templeton Income Fund; 2) JNL/Franklin Templeton Global Growth Fund; and 3) JNL/Franklin Templeton Mutual Shares Fund.  These Underlying Funds, in turn invest primarily in U.S. and foreign equity securities, and, to a lesser extent, fixed income and money market securities.
 

JNL/Franklin Templeton Global Growth Fund
Jackson National Asset Management, LLC (and Templeton Global Advisors Limited)
 
Seeks long-term capital growth by investing, under normal market conditions, primarily in the equity securities of companies located anywhere in the world, including emerging markets.   The equity securities in which the Fund primarily invests are common stock. Although the Fund seeks investments across a number of countries and sectors, from time to time, based on economic conditions, the Fund may have significant positions in particular countries or sectors.
 

JNL/Franklin Templeton Global Multisector Bond Fund
Jackson National Asset Management, LLC (and Franklin Advisers, Inc.)
 
Seeks total investment return consisting of a combination of interest income, capital appreciation, and currency gains by investing, under normal market conditions, primarily in fixed and floating rate debt securities and debt obligations (including convertible bonds) of governments, government-related issuers, or corporate issuers worldwide (collectively, “ bonds ”) . The Fund may also invest in inflation-indexed securities and securities or structured products that are linked to or derive their value from another security, asset or currency of any nation. Under normal market conditions, the Fund expects to invest at least 40% of its net assets in foreign securities. In addition, the
 
 
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Fund's assets will be invested in issuers located in at least three countries (including the U.S.). The Fund may invest without limit in developing markets.
 

JNL/Franklin Templeton Income Fund
Jackson National Asset Management, LLC (and Franklin Advisers, Inc.)
 
Seeks to maximize income while maintaining prospects for capital appreciation by investing, under normal market conditions, in a diversified portfolio of debt and equity securities.   The equity securities in which the Fund invests consist primarily of common stock. Debt securities include all varieties of fixed, floating and variable rate instruments, including secured and unsecured bonds, bonds convertible into common stock, senior floating rate and term loans, mortgage and asset-backed securities, debentures, zero coupon bonds, notes, and short term debt instruments.   The Fund seeks income by selecting investments such as corporate, foreign and U.S. Treasury bonds, as well as stocks with attractive dividend yields.  In its search for growth opportunities, the Fund maintains the flexibility , based on economic conditions, to invest in common stocks of companies from a variety of industries such as utilities, financials, energy and healthcare , but from time to time, based on economic conditions, the Fund may have significant investments in particular sectors.
 

JNL/Franklin Templeton International Small Cap Growth Fund
Jackson National Asset Management, LLC (and Franklin Templeton Institutional, LLC)
 
Seeks long-term capital appreciation by investing, under normal market conditions, at least 80% of its assets in a diversified portfolio of marketable equity and equity-related securities of smaller international companies. The equity securities in which the Fund primarily invests are common stock. The Fund invests predominately in securities listed or traded on recognized international markets in developed countries included in MSCI EAFE Small Cap Index.  The Fund may invest up to 10% of its net assets in developing or emerging market countries.
 

JNL/Franklin Templeton Mutual Shares Fund
Jackson National Asset Management, LLC (and Franklin Mutual Advisers, LLC)
 
Seeks capital appreciation, which may occasionally be short-term (which is capital appreciation return on investment in less than 12 months), and secondarily, income by investing, under normal market conditions, primarily in equity securities (including securities convertible into, or that the sub-adviser expects to be exchanged for, common or preferred stock) of U.S. and foreign companies that the sub-adviser believes are available at market prices less than their value based on certain recognized or objective criteria (intrinsic value).  Following this value-oriented strategy, the Fund invests primarily in undervalued securities (securities trading at a discount to intrinsic value). The equity securities in which the Fund invests are primarily common stock.  To a lesser extent, the Fund also invests in merger arbitrage securities and the debt and equity of distressed companies.
 
The Fund is not limited to pre-set maximums or minimums governing the size of the companies in which it may invest.  However, the Fund currently invests the equity portion of its portfolio primarily to predominately in companies with market capitalizations greater than $5 billion, with a portion or a significant amount in smaller companies.
 

JNL/Franklin Templeton Small Cap Value Fund
Jackson National Asset Management, LLC (and Franklin Advisory Services, LLC)
 
Seeks long-term total return by investing, under normal market conditions , at least 80% of its assets in investments of small-capitalization companies.  The Sub-Adviser deems small capitalization companies as companies with market capitalizations (the total market value of a company’s outstanding stock) under $3.5 billion at the time of purchase.   The Fund invests primarily in common stocks.  The Fund may invest up to 25% of its total assets in foreign securities.

 
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JNL/Goldman Sachs Core Plus Bond Fund
Jackson National Asset Management, LLC (and Goldman Sachs Asset Management, L.P. and sub-sub-adviser: Goldman Sachs Asset Management International)
 
Seeks a high level of current income, with capital appreciation as a secondary objective, by investing, under normal circumstances, at least 80% of its assets in a globally diverse portfolio of bonds and other fixed income securities and related investments.  The Sub-Adviser has broad discretion to invest the Fund’s assets among certain segments of the fixed income market including in U.S. investment-grade bonds, collateralized loan obligations, high-yield non-investment grade debt securities, corporate debt securities, emerging market debt securities and in obligations of domestic and foreign issuers which may be denominated in currencies other than the U.S. dollar.  The Fund does not currently intend to invest more than 75% of assets in non-investment grade securities.
 

JNL/Goldman Sachs Mid Cap Value Fund
Jackson National Asset Management, LLC (and Goldman Sachs Asset Management, L.P.)
 
Seeks long-term capital appreciation by investing, under normal circumstances, at least 80% of its assets in securities within the market capitalization range of the Russell Midcap® Value Index and Russell 2500 Value Index.  If the market capitalization of a company held by the Fund moves outside this range, the Fund may, but is not required to, sell the securities.   The Fund may invest up to 25% of its net assets in foreign securities, including securities of issuers in emerging countries and securities denominated in foreign currencies.  The Fund may also invest in derivatives.
 

JNL/Goldman Sachs U.S. Equity Flex Fund
Jackson National Asset Management, LLC (Goldman Sachs Asset Management, L.P.)
 
Seeks long-term capital appreciation by investing in a broad mix of equity securities that aims to produce long-term capital appreciation and target attractive risk adjusted returns compared to the S&P 500 Index.  The Sub-Adviser will normally establish long and short positions in equity securities.  In seeking to outperform its benchmark index, the S&P 500 Index, the Fund will hold long securities that the Sub-Adviser believes are more likely to outperform the index, and will take short positions in securities the Sub-Adviser believes will underperform the index.
 

JNL/Invesco Global Real Estate Fund
Jackson National Asset Management, LLC (and Invesco Advisers, Inc. and sub-sub-adviser: Invesco Asset Management L imited )
 
Seeks high total return by investing, normally, at least 80% of its assets in the equity and debt securities of real estate and real estate-related companies located in at least three different countries, including the United States.  These companies include real estate investment trusts or other real estate operating companies. The Fund may also invest in the following other investments that have economic characteristics similar to the Fund’s direct investments: derivatives, exchange-traded funds and American Depositary Receipts.  These derivatives and other instruments may have the effect of leveraging the Fund’s portfolio.
 

JNL/Invesco International Growth Fund
Jackson National Asset Management, LLC (and Invesco Advisers, Inc.)
 
Seeks long-term growth of capital by primarily investing in equity securities and depository receipts of foreign issuers. The Fund focuses its investments in common and preferred stock and invests, under normal circumstances in securities of companies located in at least three countries outside of the U.S.   The Fund may also invest no more than 30% in emerging markets securities.  Emerging markets countries are those countries that are in the initial stages of their industrial cycles.
 

JNL/Invesco Large Cap Growth Fund
Jackson National Asset Management, LLC (and Invesco Advisers, Inc.)
 
Seeks long-term growth of capital by investing, normally, at least 80% of its assets in securities of large-capitalization companies.  The Fund considers a company to be a large-capitalization company if it has a market capitalization, at the time of purchase, no smaller than the smallest capitalized company included in the Russell 1000® Index during the most recent 11-month period (based on month-end data) plus the most recent data during the current month. The Fund’s investments may include other securities, such as synthetic instruments.  Synthetic instruments are investments that have economic characteristics similar to the Fund’s direct investments and may include warrants, futures, options, exchange-traded funds and American Depositary Receipts.   The Fund may also invest up to 25% of its total assets in foreign securities.
 

JNL/Invesco Small Cap Growth Fund
Jackson National Asset Management, LLC (and Invesco Advisers, Inc.)
 
Seeks long-term growth of capital by investing, normally, at least 80% of its assets in equity securities of small-capitalization companies.  The Fund considers a company to be a small-capitalization company if it has a market capitalization, at the time of purchase, no larger than the largest capitalized company included in the Russell 2000® Index during the most recent 11-month period (based on month-end data) plus the most recent data during the current month. The Fund’s investments may include other securities, such as derivative instruments.   D erivative instruments are investments that have economic characteristics similar to the Fund’s direct investments.   D erivative instruments in which the Fund may invest may include warrants, futures, options, exchange-traded funds and American Depositary Receipts. D erivative instruments may have the effect of leveraging the Fund’s portfolio.   The Fund may also invest up to 25% of its total assets in foreign securities.  The Fund may also invest up to 20% of its assets in equity securities of issuers that have market capitalizations, at the time of purchase, in other market capitalization ranges, and in investment-grade non-convertible debt securities, U.S. government securities and high quality money market instruments.

 
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JNL/Ivy Asset Strategy Fund
Jackson National Asset Management, LLC (and Ivy Investment Management Company)
 
Seeks to provide total return by allocating its assets primarily among stocks, bonds, and short-term instruments of issuers in markets located around the globe , as well as investments in precious metals and investment s with exposure to various foreign currencies.  The Fund may invest up to 100% of its total assets in foreign securities.
 

JNL/JPMorgan International Value Fund
Jackson National Asset Management, LLC (and J.P. Morgan Investment Management Inc.)
 
Seeks high total return from a portfolio of equity securities of foreign companies in developed and, to a lesser extent, developing markets by investing, under normal circumstances, at least 80% of its assets in a diversified portfolio consisting primarily of value common stocks of non-U.S. companies; the Fund seeks to invest mainly in, but is not limited to, securities included in the MSCI EAFE Value Index.  The Fund may also invest in the equity securities of companies in developing countries or “emerging markets.”
 

JNL/JPMorgan MidCap Growth Fund
Jackson National Asset Management, LLC (and J.P. Morgan Investment Management Inc.)
 
Seeks capital growth over the long-term by investing, under normal market circumstances, at least 80% of its assets in a broad portfolio of common stocks of companies with market capitalizations equal to those within the universe of Russell Midcap Growth Index stocks at the time of purchase.  Market capitalization is the total market value of a company’s shares.   The Fund may also invest up to 20% of its total assets in all types of foreign securities.
 

JNL/JPMorgan U.S. Government & Quality Bond Fund
Jackson National Asset Management, LLC (and J.P. Morgan Investment Management Inc.)
 
Seeks to obtain a high level of current income by investing, under normal circumstances, at least 80% of its assets in US Treasury securities, obligations issued by agencies or instrumentalities of the U.S. government (which may not be backed by the U.S. government) and mortgage-backed securities, that are supported either by the full faith and credit of the U.S. government or their own credit, collateralized mortgage obligations issued by private issuers, repurchase agreements and derivatives related to the principal investments.  The Fund may also invest in high-quality corporate debt securities.
 

JNL/Lazard Mid Cap Equity Fund
Jackson National Asset Management, LLC (and Lazard Asset Management LLC)
 
Seeks long-term capital appreciation by investing at least 80% of its assets in a non-diversified portfolio of equity securities of U.S. companies with market capitalizations generally in the range of $2 billion to $10 billion or in the range of companies represented in the Russell Mid Cap Index and that the sub-adviser believes are undervalued.
 

JNL/M&G Global Basics Fund
Jackson National Asset Management, LLC (and M&G Investment Management Limited)
 
Seeks to maximize long-term capital growth by investing in companies operating in basic industries (“primary” and “secondary” industries), and also in companies that service these industries.  The Fund focuses on the “building blocks of the global economy.”  The Fund invests in companies that produce raw materials or turn them into products for consumers.  Such companies can be found either in primary industries (raw materials) or in secondary industries (products and services, such as manufacturing, food production, construction, and energy).  The Fund may also invest in other global equities.
 

JNL/M&G Global Leaders Fund
Jackson National Asset Management, LLC (and M&G Investment Management Limited)
 
Seeks to maximize long-term total return (the combination of income and growth of capital) by investing in stocks selected from the full spectrum of leading companies world-wide (leading companies is defined as those companies that are at the forefront of creating value for shareholders) either directly or as a result of a rise in its stock or bond price or dividends, or stock splits, or indirectly by its participation in activities or markets providing for future enhanced profitability.  The Fund aims to achieve consistent returns in the global equity funds sector.
 

JNL/Mellon Capital 10 x 10 Fund (formerly, JNL/Mellon Capital Management 10 x 10 Fund )
Jackson National Asset Management, LLC
 
Seeks capital appreciation and income by investing in Class A s hares of the following Underlying Funds:
 
Ø 
50% in the JNL/Mellon Capital JNL 5 Fund;
Ø 
10% in the JNL/Mellon Capital S&P 500 Index Fund;
Ø 
10% in the JNL/Mellon Capital S&P 400 MidCap Index Fund;
Ø 
10% in the JNL/Mellon Capital Small Cap Index Fund;
Ø 
10% in the JNL/Mellon Capital International Index Fund; and
Ø 
10% in the JNL/Mellon Capital Bond Index Fund.
 

JNL/Mellon Capital Index 5 Fund (formerly, JNL/Mellon Capital Management Index 5 Fund )
Jackson National Asset Management, LLC
 
Seeks capital appreciation by investing in Class A s hares of the following Underlying Funds:
 
Ø 
20% in the JNL/Mellon Capital S&P 500 Index Fund;
Ø 
20% in the JNL/Mellon Capital S&P 400 MidCap Index Fund;
 
 
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Ø 
20% in the JNL/Mellon Capital Small Cap Index Fund;
Ø 
20% in the JNL/Mellon Capital International Index Fund; and
Ø 
20% in the JNL/Mellon Capital Bond Index Fund.
 

JNL/Mellon Capital Emerging Markets Index Fund (formerly, JNL/Mellon Capital Management Emerging Markets Index Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks to track the performance of a benchmark index that measures the investment return of stocks issued by companies located in emerging market countries by investing, under normal circumstances, at least 80% of its assets in stocks included in the MSCI Emerging Markets Index (“Index”), including depositary receipts representing securities of the Index; which may be in the form of American Depositary receipts, Global Depositary receipts and European Depositary receipts.  The Fund attempts to replicate the Index by investing all or substantially all of its assets in the stocks that comprise the Index.
 

JNL/Mellon Capital European 30 Fund (formerly, JNL/Mellon Capital Management European 30 Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks to provide capital appreciation by investing at least 80% of its assets in the common stock of 30 companies selected from the MSCI Europe Index.
 

JNL/Mellon Capital Pacific Rim 30 Fund (formerly, JNL/Mellon Capital Management Pacific Rim 30 Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks to provide capital appreciation by investing under normal circumstances at least 80% of its assets in the common stock of 30 companies selected from the MSCI Pacific Index.
 

JNL/Mellon Capital S&P 500 Index Fund (formerly, JNL/Mellon Capital Management S&P 500 Index Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks to match the performance of the S&P 500® Index.  The Fund seeks to invest under normal circumstances at least 80% of its assets in the stocks in the S&P 500 Index in proportion to their market capitalization weighting in the S&P 500 Index in order to provide long-term capital growth.
 

JNL/Mellon Capital S&P 400 MidCap Index Fund (formerly, JNL/Mellon Capital Management S&P 400 MidCap Index Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks to match the performance of the S&P MidCap 400 Index.  The Fund invests in equity securities of medium capitalization-weighted domestic corporations; under normal circumstances the Fund invests at least 80% of its assets in the stocks in the S&P MidCap 400 Index in proportion to their market capitalization weighting in the S&P MidCap 400 Index in order to provide long-term capital growth.
 

JNL/Mellon Capital Small Cap Index Fund (formerly, JNL/Mellon Capital Management Small Cap Index Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks to match the performance of the Russell 2000® Index.  The Fund invests in equity securities of small- to mid-size domestic companies; under normal circumstances the Fund invests at least 80% of its assets in a portfolio of securities, which seeks to match performance and characteristics of the Russell 2000 Index through replicating a majority of the Russell 2000 Index and sampling from the remaining securities in order to provide long-term growth of capital.
 

JNL/Mellon Capital International Index Fund (formerly, JNL/Mellon Capital Management International Index Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks to match the performance of the Morgan Stanley Capital International (“MSCI”) Europe Australia Far East (“EAFE”) Index.  The Fund invests in international equity securities attempting to match the characteristics of each country within the index; under normal circumstances the Fund invests at least 80% of its assets in the stocks included in the MCSI EAFE Index or derivative securities economically related to the MSCI EAFE Index in order to provide long-term capital growth.
 

JNL/Mellon Capital Bond Index Fund (formerly, JNL/Mellon Capital Management Bond Index Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks to match the performance of the Barclays Capital U.S. Aggregate Bond Index by investing under normal circumstances at least 80% of its assets in fixed income securities.  The Fund seeks to provide a moderate rate of income by investing in domestic fixed income investments.
 

JNL/Mellon Capital Dow Jones U.S. Contrarian Opportunities Index Fund (formerly, JNL/Mellon Capital Management Dow Jones U.S. Contrarian Opportunities Index Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks to match the performance of the Dow Jones U.S. Contrarian Opportunities Index.  The Fund is constructed to mirror the Dow Jones U.S. Contrarian Opportunities Index to systematically measure the performance of stocks that lag behind the broader market in terms of recent performance, but that outrank their peers based on fundamentals-based and other qualitative criteria.

 
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JNL/Morgan Stanley Mid Cap Growth Fund
Jackson National Asset Management, LLC (and Morgan Stanley Investment Management Inc.)
 
Seeks long-term capital growth by investing, under normal circumstances, at least 80% of its assets in equity securities of mid cap companies, primarily in established and emerging companies with capitalizations within the range of companies included in the Russell Midcap® Growth Index.
 

JNL/Neuberger Berman Strategic Income Fund
Jackson National Asset Management, LLC (and Neuberger Berman Fixed Income LLC)
 
Seeks high current income with long-term capital appreciation as its secondary objective by investing primarily in a diversified mix of fixed rate and floating rate debt securities. The Fund’s investments may include securities issued by domestic and foreign governments, corporate entities, and trust structures. The Fund may invest in a broad array of securities, including: securities issued or guaranteed as to principal or interest by the U.S. government or any of its agencies or instrumentalities; corporate bonds; commercial paper; currencies and non-U.S. securities; mortgage-backed securities and other asset-backed securities; and loans.
 

JNL/Oppenheimer Global Growth Fund
Jackson National Asset Management, LLC (and OppenheimerFunds, Inc.)
 
Seeks capital appreciation by investing mainly in common stocks of companies in the U.S. and foreign countries. The Fund can invest without limit in foreign securities and can invest in any country, including countries with developing or emerging markets.  However, the Fund currently emphasizes investments in developed markets such as the United States, Western European countries and Japan.  The Fund does not limit its investments to companies in a particular capitalization range, but currently focuses its investments in mid-capitalization and large-capitalization companies.
 

JNL/PIMCO Real Return Fund
Jackson National Asset Management, LLC (and Pacific Investment Management Company LLC)
 
Seeks maximum real return, consistent with preservation of real capital and prudent investment management by investing under normal circumstances at least 80% of its assets in inflation-indexed bonds of varying maturities issued by the U.S. and non-U.S. governments, their agencies or instrumentalities, and corporations, which may be represented by forwards or derivatives such as options, futures contracts, or swap agreements.  Assets not invested in inflation-indexed bonds may be invested in other types of Fixed Income Instruments, which include bonds, debt securities, and other similar instruments issued by various U.S. and non-U.S. public- or private-sector entities.
 

JNL/PIMCO Total Return Bond Fund
Jackson National Asset Management, LLC (and Pacific Investment Management Company LLC)
 
Seeks to realize maximum total return, consistent with the preservation of capital and prudent investment management, by investing under normal circumstances at least 80% of its assets in a diversified portfolio of fixed income instruments of varying maturities, which may be represented by forwards or derivatives such as options, futures contracts, or swap agreements.
 

JNL/PPM America Floating Rate Income Fund
Jackson National Asset Management, LLC (and PPM America, Inc.)
 
Seeks to provide a high level of current income, by investing, under normal circumstances, at least 80% of its net assets in floating rate loans and other floating rate investments, defined as floating rate loans, floating rate notes, other floating rate debt securities, structured products (including, commercial mortgage-backed securities, asset-backed securities, and collateralized loan obligations which are debt securities typically issued by special purpose vehicles and secured by loans), money market securities of all types, repurchase agreements, shares of money market funds, short-term bond funds and floating rate funds.   Further, while not a principal investment strategy, the Fund may engage in derivatives transactions. Investment in such derivative or other synthetic instruments that have economic characteristics similar to the floating rate investments may be used for the purpose of satisfying the 80% minimum investment requirement.
 

JNL/PPM America High Yield Bond Fund
Jackson National Asset Management, LLC (and PPM America, Inc.)
 
Seeks to maximize current income, with capital appreciation as a secondary objective, by investing, under normal circumstances, at least 80% of its assets in high-yield, high-risk debt securities, commonly referred to as “junk bonds” and related investments. Further, while not a principal investment strategy, the Fund may engage in derivatives transactions. Investment in derivatives instruments that have economic characteristics similar to the fixed income investments may be used for the purpose of satisfying the 80% minimum investment requirement.  The Fund may also invest in securities of foreign issuers.  To the extent that the Fund invests in emerging market debt, this will be considered as an investment in a high-yield security for purposes of the 80% investment minimum requirement.
 

JNL/PPM America Mid Cap Value Fund
Jackson National Asset Management, LLC (and PPM America, Inc.)
 
Seeks long-term growth of capital by investing, primarily, at least 80% of its assets in a diversified portfolio of equity securities of U.S. companies with market capitalizations within the range of companies, constituting the Russell Midcap Index (“Index ” ) under normal market conditions at the time of the initial purchase.  The market capitalization range of the Index will vary with market conditions over time.  If the market capitalization of a company held by the Fund moves outside the then-current Index range, the Fund may, but is not required to, sell the securities.

 
24

 


JNL/PPM America Small Cap Value Fund
Jackson National Asset Management, LLC (and PPM America, Inc.)
 
Seeks long-term growth of capital by investing, primarily, at least 80% of its assets in a diversified portfolio of equity securities of U.S. companies within the range of securities of the S&P SmallCap 600 Index (“Index”) under normal market conditions at the time of initial purchase.  The market capitalization range of the Index will vary with market conditions over time.  If the market capitalization of a company held by the Fund moves outside the then-current Index range, the Fund may, but is not required to, sell the securities.
 

JNL/PPM America Value Equity Fund
Jackson National Asset Management, LLC (and PPM America, Inc.)
 
Seeks long-term growth of capital by investing, primarily, in a diversified portfolio of equity securities of domestic companies.  Such companies will typically have market capitalizations within the range of companies constituting the S&P 500 Index under normal market conditions at the time of the initial purchase.  The market capitalization range of the Index will vary with market conditions over time.  At least 80% of its assets will be invested, under normal circumstances, in equity securities.
 

JNL/T. Rowe Price Established Growth Fund
Jackson National Asset Management, LLC (and T. Rowe Price Associates, Inc.)
 
Seeks long-term growth of capital and increasing dividend income by investing primarily in common stocks, concentrating its investments in well-established growth companies. The sub-adviser seeks investments in companies that have the ability to pay increasing dividends through strong cash flow.  While the Fund invests principally in U.S. common stocks, other securities may also be purchased, including foreign stocks, futures and options.  The Fund may invest up to 30% of its total assets (excluding reserves) in foreign securities, including emerging markets.
 

JNL/T. Rowe Price Mid-Cap Growth Fund
Jackson National Asset Management, LLC (and T. Rowe Price Associates, Inc.)
 
Seeks long-term growth of capital by investing at least 80% of its assets, under normal circumstances, in a broadly diversified portfolio of common stocks of medium-sized (mid-capitalization) companies whose earnings the sub-adviser expects to grow at a faster rate than the average company.
 

JNL/T. Rowe Price Short-Term Bond Fund
Jackson National Asset Management, LLC (and T. Rowe Price Associates, Inc.)
 
Seeks a high level of income consistent with minimal fluctuation in principal value and liquidity by investing in a diversified portfolio of short- and intermediate-term investment-grade corporate, government, and mortgage-backed securities.  The Fund may also invest in money market securities, bank obligations, collateralized mortgage obligations, and foreign securities. Normally, the Fund will invest at least 80% of its net assets in bonds.  The Fund’s average effective maturity will not exceed three years.  The Fund will only purchase securities that are rated within the four highest credit categories (e.g. AAA, AA, A, BBB, or equivalent) by at least one major credit rating agency or, if unrated, deemed to be of comparable quality by the sub-adviser.
 

JNL/T. Rowe Price Value Fund
Jackson National Asset Management, LLC (and T. Rowe Price Associates, Inc.)
 
Seeks long-term capital appreciation by investing, via a value approach investment selection process, at least 65% of total assets in common stocks believed to be undervalued.  Stock holdings are expected to consist primarily of large-company stocks, but may also include mid-cap and small-cap companies. The Fund may invest up to 25% of its total assets (excluding reserves) in foreign securities. Income is a secondary objective.
 

JNL/UBS Large Cap Select Growth Fund
Jackson National Asset Management, LLC (and UBS Global Asset Management (Americas) Inc.)
 
Seeks long-term capital appreciation by investing, under normal circumstances, at least 80% of its assets in equity securities of U.S. large capitalization companies.  The Fund defines large capitalization companies as those with a market capitalization of at least $2.5 billion at the time of investment. In addition, up to 20% of the Fund’s net assets may be invested in foreign equity securities.   Investments in equity securities include common stock and preferred stock, as well as American Depository Receipts.
 

JNL/WMC Balanced Fund
Jackson National Asset Management, LLC (and Wellington Management Company, LLP)
 
Seeks reasonable income and long-term capital growth by investing primarily in a diversified portfolio of common stock and investment grade fixed income securities.  The Fund may invest in any type or class of security. The anticipated mix of the Fund’s holdings is typically 60-70% of its assets in equities and 30-40% in fixed income securities, including cash and cash equivalents.  The Fund may invest up to 15% of its assets in foreign equity and fixed income securities.
 

JNL/WMC Money Market Fund
Jackson National Asset Management, LLC (and Wellington Management Company, LLP)
 
Seeks a high level of current income as is consistent with the preservation of capital and maintenance of liquidity by investing in high quality, U.S. dollar-denominated short-term money market instruments that mature in 397 days or less. The Fund primarily invests in money market instruments rated in one of the two highest short-term credit rating categories, including: (i) obligations issued or guaranteed as to principal and interest by the U.S. government, its agencies and instrumentalities or by state and local governments; (ii) time deposits, certificates of deposit and bankers acceptances, issued by banks and other lending institutions; (iii) commercial paper and other short-term obligations of U.S. and foreign issuers (including asset-backed securities); (iv) obligations issued or guaranteed by foreign governments or
 
 
25

 
 
any of their political subdivisions, agencies or instrumentalities, including obligations of supranational entities; and (v) repurchase agreements on obligations issued or guaranteed by the U.S. government, its agencies or instrumentalities.
 

JNL/WMC Value Fund
Jackson National Asset Management, LLC (and Wellington Management Company, LLP)
 
Seeks long-term growth of capital by investing under normal circumstances at least 65% of its total assets in common stocks of domestic companies.  Although the Fund may invest in companies with a broad range of market capitalizations, the Fund will tend to focus on companies with large market capitalizations (generally above $3 billion).  The Fund may invest up to 20% of its total assets in the securities of foreign issuers.
 

JNL/S&P Competitive Advantage Fund
Jackson National Asset Management, LLC (and Standard & Poor's Investment Advisory Services LLC and Mellon Capital Management Corporation)
 
Seeks capital appreciation by investing approximately equal amounts in the common stock of 30 companies included in the S&P 500 that are, in the opinion of Standard & Poor’s Investment Advisory Services LLC (“SPIAS”), profitable and predominantly higher-quality.  In selecting companies, SPIAS looks for the 30 companies ranked by return on invested capital and lowest market-to-book multiples.
 

JNL/S&P Dividend Income & Growth Fund
Jackson National Asset Management, LLC (and Standard & Poor's Investment Advisory Services LLC and Mellon Capital Management Corporation)
 
Seeks primarily capital appreciation with a secondary focus on current income by investing approximately equal amounts in the common stock of the 30 companies included in the S&P 500 that have the highest indicated annual dividend yields (“Dividend Yield”) within their sector.  The three companies with the highest Dividend Yield, are selected from each of 10 economic sectors in the S&P 500.
 

JNL/S&P Intrinsic Value Fund
Jackson National Asset Management, LLC (and Standard & Poor's Investment Advisory Services LLC and Mellon Capital Management Corporation)
 
Seeks capital appreciation by investing approximately equal amounts in the common stock of 30 companies included in the S&P 500, excluding financial companies, that are, in the opinion of Standard & Poor’s Investment Advisory Services LLC, companies with positive free cash flows and low external financing needs.
 

JNL/S&P Total Yield Fund
Jackson National Asset Management, LLC (and Standard & Poor's Investment Advisory Services LLC and Mellon Capital Management Corporation)
 
Seeks capital appreciation by investing approximately equal amounts in the common stock of the 30 companies included in the S&P 500 that have the highest S&P Total Yield (a broad measure of cash returned to shareholders and bondholders).  Standard & Poor’s Investment Advisory Services LLC seeks companies that are significantly reducing their debt burden and/or increasing their equity distributions.  It is expected that the strategy will tend to select mid- and small-capitalization stocks of the S&P 500.
 

JNL/S&P 4 Fund
Jackson National Asset Management, LLC
 
Seeks capital appreciation by making initial allocations (25%) of its assets and cash flows to the following four Underlying Funds (Class A) on a specific date each year:
 
Ø 
25% in JNL/S&P Competitive Advantage Fund;
Ø 
25% in JNL/S&P Dividend Income & Growth Fund;
Ø 
25% in JNL/S&P Intrinsic Value Fund; and
Ø 
25% in JNL/S&P Total Yield Fund.
 

JNL/S&P Managed Conservative Fund
Jackson National Asset Management, LLC (and Standard & Poor's Investment Advisory Services LLC)
 
Seeks capital growth and current income by investing in Class A Shares of a diversified group of other Funds (“Underlying Funds”), which are part of the JNL Series Trust, the JNL Variable Fund LLC, and the JNL Investors Series Trust.  Not all Funds of the JNL Series Trust, the JNL Variable Fund LLC, and the JNL Investors Series Trust are available as Underlying Funds.
 
Under normal circumstances, the Fund allocates approximately 10% to 30% of its assets to Underlying Funds that invest primarily in equity securities, 70 % to 90 % to Underlying Funds that invest primarily in fixed income securities and 0% to 30% to Underlying Funds that invest primarily in money market securities.  The Fund remains flexible with respect to the percentage it will allocate among particular Underlying Funds.
 

JNL/S&P Managed Moderate Fund
Jackson National Asset Management, LLC (and Standard & Poor's Investment Advisory Services LLC)
 
Seeks capital growth, with current income as a secondary objective, by investing in Class A Shares of a diversified group of other Funds (“Underlying Funds”), which are part of the JNL Series Trust, the JNL Variable Fund LLC, and the JNL Investors Series Trust.  Not all Funds of the JNL Series Trust, the JNL Variable Fund LLC, and the JNL Investors Series Trust are available as Underlying Funds.
 
Under normal circumstances, the Fund allocates approximately 30% to 50% of its assets to Underlying Funds that invest primarily in equity securities, 50 % to 70 % to Underlying Funds that invest primarily in fixed income securities and 0-25% to Underlying Funds that
 
 
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invest primarily in money market securities.  The Fund remains flexible with respect to the percentage it will allocate among particular Underlying Funds.
 

JNL/S&P Managed Moderate Growth Fund
Jackson National Asset Management, LLC (and Standard & Poor's Investment Advisory Services LLC)
 
Seeks capital growth and current income by investing in Class A Shares of a diversified group of other Funds (“Underlying Funds”), which are part of the JNL Series Trust, the JNL Variable Fund LLC, and the JNL Investors Series Trust.  Not all Funds of the JNL Series Trust, the JNL Variable Fund LLC, and the JNL Investors Series Trust are available as Underlying Funds.
 
Under normal circumstances, the Fund allocates approximately 50% to 70% of its assets to Underlying Funds that invest primarily in equity securities, 30 % to 50% to Underlying Funds that invest primarily in fixed income securities and 0% to 20% to Underlying Funds that invest primarily in money market securities.  The Fund remains flexible with respect to the percentage it will allocate among particular Underlying Funds.
 

JNL/S&P Managed Growth Fund
Jackson National Asset Management, LLC (and Standard & Poor's Investment Advisory Services LLC)
 
Seeks capital growth, with current income as a secondary objective, by investing in Class A Shares of a diversified group of other Funds (“Underlying Funds”), which are part of the JNL Series Trust, the JNL Variable Fund LLC, and the JNL Investors Series Trust.  Not all Funds of the JNL Series Trust, the JNL Variable Fund LLC, and the JNL Investors Series Trust are available as Underlying Funds.
 
Under normal circumstances, the Fund allocates approximately 70% to 90% of its assets to Underlying Funds that invest primarily in equity securities, 10 % to 30% to Underlying Funds that invest primarily in fixed income securities and 0-15% to Underlying Funds that invest primarily in money market securities.  The Fund remains flexible with respect to the percentage it will allocate among particular Underlying Funds.
 

JNL/S&P Managed Aggressive Growth Fund
Jackson National Asset Management, LLC (and Standard & Poor's Investment Advisory Services LLC)
 
Seeks capital growth by investing in Class A Shares of a diversified group of other Funds (“Underlying Funds”), which are part of the JNL Series Trust, the JNL Variable Fund LLC, and the JNL Investors Series Trust.  Not all Funds of the JNL Series Trust, the JNL Variable Fund LLC, and the JNL Investors Series Trust are available as Underlying Funds.
 
Under normal circumstances, the Fund allocates up to 80% to 100% of its assets to Underlying Funds that invest primarily in equity securities, 0% to 20% to Underlying Funds that invest primarily in fixed income securities and 0% to 10 % to Underlying Funds that invest primarily in money market securities.  The Fund remains flexible with respect to the percentage it will allocate among particular Underlying Funds.
 
JNL Disciplined Moderate Fund
Jackson National Asset Management, LLC
 
Seeks capital growth, and secondarily, current income by investing in Class A shares of a diversified group of other Funds (“Underlying Funds”), which are part of the JNL Series Trust, the JNL Variable Fund LLC, and the JNL Investors Series Trust.  Not all Funds of the JNL Series Trust, the JNL Variable Fund LLC, and the JNL Investors Series Trust are available as Underlying Funds.
 
Under normal circumstances, the Fund allocates approximately 40% to 80% of its assets to Underlying Funds that invest primarily in equity securities, 20% to 60% to Underlying Funds that invest primarily in fixed income securities and 0% to 20% of its assets to Underlying Funds that invest primarily in money market securities. The Fund remains flexible with respect to the percentage it will allocate among particular Underlying Funds.
 

JNL Disciplined Moderate Growth Fund
Jackson National Asset Management, LLC
 
Seeks capital growth and current income by investing in Class A shares of a diversified group of other Funds (“Underlying Funds”), which are part of the JNL Series Trust, the JNL Variable Fund LLC, and the JNL Investors Series Trust.  Not all Funds of the JNL Series Trust, the JNL Variable Fund LLC, and the JNL Investors Series Trust are available as Underlying Funds.
 
Under normal circumstances, the Fund allocates approximately 60% to 90% of its assets to Underlying Funds that invest primarily in equity securities, 10% to 40% to Underlying Funds that invest primarily in fixed income securities and 0% to 20% of its assets to Underlying Funds that invest primarily in money market securities. The Fund remains flexible with respect to the percentage it will allocate among particular Underlying Funds.
 

JNL Disciplined Growth Fund
Jackson National Asset Management, LLC
 
Seeks capital growth by investing in Class A shares of a diversified group of other Funds (“Underlying Funds”), which are part of the JNL Series Trust, the JNL Variable Fund LLC, and the JNL Investors Series Trust.  Not all Funds of the JNL Series Trust, the JNL Variable Fund LLC, and the JNL Investors Series Trust are available as Underlying Funds.
 
Under normal circumstances, the Fund allocates approximately 70% to 100% of its assets to Underlying Funds that invest primarily in equity securities, 0% to 30% to Underlying Funds that invest primarily in fixed income securities and 0% to 20% of its assets to Underlying Funds that invest primarily in money market securities. The Fund remains flexible with respect to the percentage it will allocate among particular Underlying Funds.

 
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JNL Variable Fund LLC

JNL/Mellon Capital Nasdaq ® 25 Fund (formerly, JNL/Mellon Capital Management Nasdaq® 25 Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks total return by investing in the common stocks of the 25 companies that are expected to have a potential for capital appreciation. The Nasdaq 25 Strategy selects a portfolio of common stocks of 25 companies selected from stocks included in the Nasdaq-100 Index®.
 

JNL/Mellon Capital Value Line ® 30 Fund (formerly, JNL/Mellon Capital Management Value Line® 30 Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks capital appreciation by investing in the common stocks of 30 companies that Value Line® gives a #1 ranking for TimelinessTM.  The 30 companies are selected each year by the sub-adviser based on certain positive financial attributes.  The #1   TimelinessTM top ranking given to only 100 stocks reflects Value Line’s view of their probable price performance during the next six months relative to the other stocks ranked by Value Line®.
 

JNL/Mellon Capital Dow SM Dividend Fund (formerly, JNL/Mellon Capital Management DowSM Dividend Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks to provide the potential for an above-average total return by investing approximately equal amounts in the common stock of the 25 companies included in the Dow Jones Select Dividend IndexSM which have the best overall ranking on both the change in return on assets of the last year compared to the prior year and price-to-book on a specific date each year.
 

JNL/Mellon Capital S&P ® 24 Fund (formerly, JNL/Mellon Capital Management S&P® 24 Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks total return through capital appreciation by investing approximately equal amounts in the common stocks of 24 companies that have the potential for capital appreciation on a specific date each year.
 

JNL/Mellon Capital S&P ® SMid 60 Fund (formerly, JNL/Mellon Capital Management S&P® SMid 60 Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks capital appreciation by investing in the common stock of 30 companies included in the Standard & Poor's MidCap 400 Index and 30 companies in the Standard & Poor's SmallCap 600 Index.  The 60 companies are selected on a specific date each year.  The Fund seeks to achieve its objective by identifying small and mid-capitalization companies with improving fundamental performance and sentiment.  The Sub-Adviser follows a process that attempts to select small and mid-cap companies that are likely to be in an earlier stage of their economic life cycle than mature large-cap companies.
 

JNL/Mellon Capital NYSE ® International 25 Fund (formerly, JNL/Mellon Capital Management NYSE® International 25 Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks capital appreciation by investing in foreign companies that trade on the New York Stock Exchange (“NYSE”).  The 25 companies are selected on a specific date each year by ranking the stocks on the NYSE International IndexSM based on two factors: price to book and price to cash flow. The sub-adviser then selects an equally-weighted portfolio of the 25 companies with the highest overall ranking on the two factors.  The sub-adviser may also purchase American Depositary Receipts or the foreign stock.
 

JNL/Mellon Capital 25 Fund (formerly, JNL/Mellon Capital Management 25 Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks total return through a combination of capital appreciation and dividend income by investing the common stocks of 25 companies selected from a pre-screened subset of the stocks listed on the New York Stock Exchange (“NYSE”). The companies in the portfolio are determined by selecting all of the dividend-paying stocks listed on the NYSE. Next, the 400 highest market capitalization stocks are selected which are then ranked by dividend yield and 75 of the highest dividend yielding stocks are selected. From the remaining 75 stocks, the 50 highest dividend yielding stocks are eliminated and the remaining 25 companies are selected only once annually on a specific date each year.
 

JNL/Mellon Capital Select Small-Cap Fund (formerly, JNL/Mellon Capital Management Select Small-Cap Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks total return through capital appreciation by investing, under normal circumstances, at least 80% of its assets in a portfolio of common stocks of 100 small capitalization companies selected from a pre-screened subset of the common stocks listed on the New York Stock Exchange or The Nasdaq Stock Market, on a specific date each year.
 

JNL/Mellon Capital JNL 5 Fund (formerly, JNL/Mellon Capital Management JNL 5 Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks total return through capital appreciation and dividend income by investing in the common stocks of companies that are identified by a model based on 5 different specialized strategies:
 
Ø 
20% in the DowSM 10 Strategy, a dividend yielding strategy;
Ø 
20% in the S&P® 10 Strategy, a blended valuation-momentum strategy;
Ø 
20% in the Global 15 Strategy, a dividend yielding strategy;
Ø 
20% in the 25 Strategy, a dividend yielding strategy; and
Ø 
20% in the Select Small-Cap Strategy, a small capitalization strategy.
 
 
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JNL/Mellon Capital JNL Optimized 5 Fund (formerly, JNL/Mellon Capital Management JNL Optimized 5 Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks capital appreciation by investing in the common stocks of companies that are identified by a model based on five separate specialized strategies:
 
Ø 
25% in the Nasdaq® 25 Strategy;
Ø 
25% in the Value Line® 30 Strategy;
Ø 
24% in the European 20 Strategy;
Ø 
14% in the Global 15 Strategy; and
Ø 
12% in the 25 Strategy.
 

JNL/Mellon Capital VIP Fund (formerly, JNL/Mellon Capital Management VIP Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks total return by investing in the common stocks of companies that are identified by a model based on six separate specialized strategies. The Fund invests approximately 1/6 (approximately 17%) of its net assets in each of the following strategies:
 
Ø 
The DowSM Dividend Strategy;
Ø 
The European 20 Strategy;
Ø 
The Nasdaq® 25 Strategy;
Ø 
The S&P 24 Strategy;
Ø 
The Select Small-Cap Strategy; and
Ø 
The Value Line® 30 Strategy.
 

JNL/Mellon Capital Communications Sector Fund (formerly, JNL/Mellon Capital Management Communications Sector Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks total return through capital appreciation and dividend income by investing, under normal circumstances, at least 80% of its assets in the stocks in the Dow Jones U.S. Telecommunications Index in proportion to their market capitalization weighting in the Dow Jones U.S. Telecommunications Index.
 

JNL/Mellon Capital Consumer Brands Sector Fund (formerly, JNL/Mellon Capital Management Consumer Brands Sector Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks total return through capital appreciation and dividend income by investing, under normal circumstances, at least 80% of its assets in the stocks in the Dow Jones U.S. Consumer Services Index in proportion to their market capitalization weighting in the Dow Jones U.S. Consumer Services Index.
 

JNL/Mellon Capital Financial Sector Fund (formerly, JNL/Mellon Capital Management Financial Sector Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks total return through capital appreciation and dividend income by investing, under normal circumstances, at least 80% of its assets in the stocks in the Dow Jones U.S. Financial Index in proportion to their market capitalization weighting in the Dow Jones U.S. Financials Index.
 

JNL/Mellon Capital Healthcare Sector Fund (formerly, JNL/Mellon Capital Management Healthcare Sector Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks total return through capital appreciation and dividend income by investing, under normal circumstances, at least 80% of its assets in the stocks in the Dow Jones U.S. Health Care Index in proportion to their market capitalization weighting in the Dow Jones U.S. Health Care Index.
 

JNL/Mellon Capital Oil & Gas Sector Fund (formerly, JNL/Mellon Capital Management Oil & Gas Sector Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks total return through capital appreciation and dividend income by investing, under normal circumstances, at least 80% of its assets in the stocks in the Dow Jones U.S. Oil & Gas Index in proportion to their market capitalization weighting in the Dow Jones U.S. Oil & Gas Index.
 

JNL/Mellon Capital Technology Sector Fund (formerly, JNL/Mellon Capital Management Technology Sector Fund )
Jackson National Asset Management, LLC (and Mellon Capital Management Corporation)
 
Seeks total return through capital appreciation and dividend income by investing, under normal circumstances, at least 80% of its assets in the stocks in the Dow Jones U.S. Technology Index in proportion to their market capitalization weighting in the Dow Jones U.S. Technology Index.
 

The investment objectives and policies of certain Funds are similar to the investment objectives and policies of other mutual funds that the Fund's investment sub-advisers also manage.  Although the objectives and policies may be similar, the investment results of the Fund may be higher or lower than the results of those other mutual funds.  We cannot guarantee, and make no representation, that the investment results of similar Funds will be comparable even though the Funds have the same investment sub-advisers.  The Funds described are available only through variable annuity Contracts issued by Jackson of NY.  They are NOT offered or made available to the general public directly.
 
 
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A Fund's performance may be affected by risks specific to certain types of investments, such as foreign securities, derivative investments, non-investment grade debt securities, initial public offerings (IPOs) or companies with relatively small market capitalizations.  IPOs and other investment techniques may have a magnified performance impact on a Fund with a small asset base.  A Fund may not experience similar performance as its assets grow.

You should read the prospectuses for the JNL Series Trust and the JNL Variable Fund LLC carefully before investing.  Additional Funds and Investment Divisions may be available in the future.  The prospectuses for the JNL Series Trust and the JNL Variable Fund LLC are attached to this prospectus.  However, these prospectuses may also be obtained at no charge by calling 1-800-599-5651 (NY Annuity and Life Service Center) or 1-888-464-7779 (for NY contracts purchased through a bank or financial institution), by writing P.O. Box 30313, Lansing, Michigan 48909-7813 or by visiting www.jackson.com.

Voting Privileges. To the extent required by law, we will obtain instructions from you and other Owners about how to vote our shares of a Fund when there is a vote of shareholders of a Fund.  We will vote all the shares we own in proportion to those instructions from Owners.  An effect of this proportional voting is that a relatively small number of Owners may determine the outcome of a vote.

Substitution.  We reserve the right to substitute a different Fund or a different mutual fund for the one in which any Investment Division is currently invested, or transfer money to the General Account.  We will not do this without any required approval of the SEC.  We will give you notice of any substitution.

CONTRACT CHARGES

There are charges associated with your Contract, the deduction of which will reduce the investment return of your Contract.  Charges are deducted proportionally from your Contract Value.  Some of these charges are for optional endorsements, as noted, so they are deducted from your Contract Value only if you elected to add that optional endorsement to your Contract.  These charges may be a lesser amount where required by state law or as described below, but will not be increased.  We expect to profit from certain charges assessed under the Contract.  These charges (and certain other expenses) are as follows:

Mortality and Expense Risk Charges. Each day, as part of our calculation of the value of the Accumulation Units and Annuity Units, we make a deduction for the Mortality and Expense Risk Charge.  On an annual basis, this charge equals 1.25% of the average daily net asset value of your allocations to the Investment Divisions.    This charge does not apply to the Fixed Account.

This charge compensates us for the risks we assume in connection with all the Contracts, not just your Contract.  Our mortality risks under the Contracts arise from our obligations:

·
to make income payments for the life of the Annuitant during the income phase;
 
·
to waive the withdrawal charge in the event of the Owner's death; and
 
·
to provide a basic death benefit prior to the Income Date.

Our expense risks under the Contracts include the risk that our actual cost of administering the Contracts and the Investment Divisions may exceed the amount that we receive from the administration charge and the annual contract maintenance charges.  Included among these expense risks are those that we assume in connection with waivers of withdrawal charges under the Extended Care Benefit.

If your Contract Value were ever to become insufficient to pay this charge, your Contract would terminate without value.

Annual Contract Maintenance Charge. During the accumulation phase, we deduct a $30 annual contract maintenance charge on each anniversary of the Issue Date.  We will also deduct the annual contract maintenance charge if you make a total withdrawal.  This charge is for administrative expenses.  The annual contract maintenance charge will be assessed on the Contract Anniversary or upon full withdrawal and is taken from the Investment Divisions and the Fixed Account options based on the proportion their respective value bears to the Contract Value.  We will not deduct this charge, if when the deduction is to be made, the value of your Contract is $50,000 or more.

Administration Charge. Each day, as part of our calculation of the value of the Accumulation Units and Annuity Units, we make a deduction for administration charges.  On an annual basis, these charges equal 0.15% of the average daily net asset value of your allocations to the Investment Divisions.  This charge does not apply to the Fixed Account.  This charge compensates us for our expenses incurred in administering the Contracts and the Separate Account.

This charge is waived if the Contract Value on the later of the Issue Date or the most recent Contract Quarterly Anniversary is greater than or equal to $1 million.  If your Contract Value subsequently drops below $1 million on the most recent Contract Quarterly Anniversary, the Administration Charge will be reinstated.
 
 
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Transfer Charge. You must pay $25 for each transfer in excess of 15 in a Contract Year. For this purpose, all transfers that are processed on the same Business Day will be considered as one transfer.  This charge is deducted from the amount that is transferred prior to the allocation to a different Investment Division or the Fixed Account, as applicable.  We waive the transfer charge in connection with Dollar Cost Averaging, Earnings Sweep, Rebalancing transfers and any transfers we require.

Withdrawal Charge. At any time during the accumulation phase (if and to the extent that Contract Value is sufficient to pay any remaining withdrawal charges that remain after a withdrawal), you may withdraw the following with no withdrawal charge:

·
Premiums that are no longer subject to a withdrawal charge (Premiums in your annuity for at least seven (four for the Four-Year Withdrawal Charge Period option) years without being withdrawn), plus
 
·
earnings (excess of your Contract Value allocated to the Investment Divisions and the Fixed Account over your Remaining Premium in these Options)
 
·
additional free withdrawals - during each Contract Year, 10% of Premiums that would otherwise incur a withdrawal charge, be subject to a Contract Enhancement recapture charge, or be reduced by an Interest Rate Adjustment, and that have not been previously withdrawn, minus earnings (required minimum distribution will reduce the 10% free withdrawal amount), or

We will deduct a withdrawal charge on:

·
partial withdrawals in excess of the free withdrawal amount (the withdrawal charge is imposed only on the excess amount above the free withdrawal amount), or
 
·
withdrawals under a tax-qualified Contract that exceeds its required minimum distribution (the entire withdrawal will be subject to the withdrawal charge), or
 
·
withdrawals in excess of the free withdrawal amounts to meet the required minimum distribution of a tax-qualified Contract purchased with contributions from a nontaxable transfer, after the Owner's death, of an Individual Retirement Annuity (IRA), or to meet the required minimum distribution of a Roth IRA annuity (the withdrawal charge is imposed only on the excess amount above the free withdrawal amount), or
 
·
total withdrawals.

The amount of the withdrawal charge deducted varies (depending upon whether you have elected  the Four-Year Withdrawal Charge Period option and how many years prior to the withdrawal you made the Premium payment(s) you are withdrawing) according to the following schedule:

Withdrawal Charge (as a percentage of Premium payments):

Completed Years since Receipt of Premium
0-1
1-2
2-3
3-4
4-5
5-6
6-7
7+
                 
Base Schedule
7%
6%
5%
4%
3%
2%
1%
0
                 
Withdrawal Charge if Four-Year Period Applies
6.5%
5%
3%
2%
0
0
0
0
                 
                 

For purposes of the withdrawal charge, we treat withdrawals as coming first from earnings and then from the oldest Remaining Premium.  If you make a full withdrawal, the withdrawal charge is based on Premiums remaining in the Contract and no free withdrawal amount applies.  If you withdraw only part of the value of your Contract, we deduct the withdrawal charge from the remaining value in your Contract.  The withdrawal charge compensates us for costs associated with selling the Contracts.

Note: Withdrawals under a non-qualified Contract will be taxable on an “income first” basis.  This means that any withdrawal from a non-qualified Contract that does not exceed the accumulated income under the Contract will be taxable in full.  Any withdrawals under a tax-qualified Contract will be taxable except to the extent that they are allocable to an investment in the Contract (any after-tax
 
 
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contributions).  In most cases, there will be little or no investment in the Contract for a tax-qualified Contract because contributions will have been made on a pre-tax or tax-deductible basis.

We do not assess the withdrawal charge on any payments paid out as:

·
income payments during your Contract's income phase (but the withdrawal charge is deducted on the Income Date if that date is within 13 months of the Issue Date);
 
·
death benefits;
 
·
withdrawals necessary to satisfy the required minimum distribution of the Internal Revenue Code (but if the withdrawal requested exceeds the required minimum distribution; if the Contract was purchased with contributions from a nontaxable transfer, after the Owner's death, of an Individual Retirement Annuity (IRA); or is a Roth IRA annuity, then the entire withdrawal will be subject to the withdrawal charge); or
 
·
withdrawals of up to $250,000 from the Investment Divisions or from the Fixed Account if you need extended hospital or nursing home care as provided in your Contract.

We may reduce or eliminate the amount of the withdrawal charge when the Contract is sold under circumstances that reduce our sales expense.  Some examples are: the purchase of a Contract by a large group of individuals or an existing relationship between us and a prospective purchaser.  We may not deduct a withdrawal charge under a Contract issued to an officer, director, agent or employee of Jackson of NY or any of our affiliates.

Contract Enhancement Charge.

PLEASE NOTE:  EFFECTIVE OCTOBER 15, 2012, THESE ENDORSEMENTS ARE NOT CURRENTLY AVAILABLE TO ADD TO A CONTRACT.

If you select one of the Contract Enhancements, then for a period of seven Contract Years (five for the 2% Contract Enhancement) a charge will be imposed based upon the average daily net asset value of your allocations to the Investment Divisions.  These charges will also be assessed against any amounts you have allocated to the Fixed Accounts by reducing credited rates by the applicable charge percentage, but not below the minimum guaranteed interest rate (assuming no withdrawals).  (For more information about the Fixed Account Options, please see “THE FIXED ACCOUNT” beginning on page 13.)  The amounts of these charges (or reductions in credited rates) depend upon which of the Contract Enhancements you select:

Contract Enhancement
2%
3%
4%
       
Charge (on an annual basis)
0.395%
0.42%
0.56%

Due to the Contract Enhancement charges listed above, it is possible that upon a complete withdrawal, you will receive less money back than if you had not elected the Contract Enhancement.

Contract Enhancement Recapture Charge.

PLEASE NOTE:  EFFECTIVE OCTOBER 15, 2012, THESE ENDORSEMENTS ARE NOT CURRENTLY AVAILABLE TO ADD TO A CONTRACT.

If you select an optional Contract Enhancement and make a partial or total withdrawal from your Contract in the first seven Contract Years after a Premium is received (five Contract Years for the 2% Contract Enhancement), you will pay a Contract Enhancement recapture charge that reimburses us for all or part of the Contract Enhancements that we credited to your Contract based on your Premiums.  The recapture charge is applied to withdrawals when:

·  
the Contract is returned during the free look period;
·  
withdrawals are in excess of the free withdrawal amount (the recapture charge is imposed only on the excess amount above the free withdrawal amount);
·  
withdrawals exceed the required minimum distribution of the Internal Revenue Code (the entire withdrawal will be assessed the applicable recapture charge);
·  
there is a total withdrawal.

The percentage amount of the recapture charge  depends upon (i) the corresponding declining amount of the Contract Enhancement based on the Contract Year when the Premium payment being withdrawn was received and (ii) when the charge is imposed based on
 
 
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the Completed Years since the receipt of the related Premium.  The percentage amounts of the recapture charges are as follows (please see the examples in Appendix B showing how these recapture charges are applied to withdrawals):

Contract Enhancement Recapture Charge (as a percentage of the corresponding Premium payment withdrawn if an optional Contract Enhancement is selected)

2% Contract Enhancement
 
Contract Year Premium is Received
 
Completed Years Since Receipt of Premium
0-1
1-2
2-3
3-4
4-5
5-6
6-7
7+
0-1
2%
2%
1.25%
1.25%
0.50%
0%
0%
0%
1-2
2%
1.25%
1.25%
0.50%
0%
0%
0%
0%
2-3
1.25%
1.25%
0.50%
0%
0%
0%
0%
0%
3-4
1.25%
0.50%
0%
0%
0%
0%
0%
0%
4-5
0.50%
0%
0%
0%
0%
0%
0%
0%
5-6
0%
0%
0%
0%
0%
0%
0%
0%
6-7
0%
0%
0%
0%
0%
0%
0%
0%
7+
0%
0%
0%
0%
0%
0%
0%
0%

3% Contract Enhancement
 
Contract Year Premium is Received
 
Completed Years Since Receipt of Premium
0-1
1-2
2-3
3-4
4-5
5-6
6-7
7+
0-1
3%
3%
2%
2%
2%
1%
1%
0%
1-2
3%
2%
2%
2%
1%
1%
0%
0%
2-3
2%
2%
1.25%
1%
1%
0%
0%
0%
3-4
2%
2%
1%
1%
0%
0%
0%
0%
4-5
2%
1%
1%
0%
0%
0%
0%
0%
5-6
1%
1%
0%
0%
0%
0%
0%
0%
6-7
1%
0%
0%
0%
0%
0%
0%
0%
7+
0%
0%
0%
0%
0%
0%
0%
0%

4% Contract Enhancement
 
Contract Year Premium is Received
 
Completed Years Since Receipt of Premium
0-1
1-2
2-3
3-4
4-5
5-6
6-7
7+
0-1
3%
3%
2.50%
2.50%
2.50%
1.25%
1.25%
0%
1-2
3%
2.50%
2.50%
2.50%
1.25%
1.25%
0%
0%
2-3
2.50%
2.50%
2%
1.25%
1.25%
0%
0%
0%
3-4
2.50%
2.50%
1.25%
1.25%
0%
0%
0%
0%
4-5
2.50%
1.25%
1.25%
0%
0%
0%
0%
0%
5-6
1.25%
1.25%
0%
0%
0%
0%
0%
0%
6-7
1.25%
0%
0%
0%
0%
0%
0%
0%
7+
0%
0%
0%
0%
0%
0%
0%
0%

If you return your Contract during the free look period, the entire amount of any Contract Enhancement will be recaptured. 

The recapture charge percentage will be applied to the corresponding Premium reflected in the amount withdrawn.  (Please see the examples in Appendix B).  The amount recaptured will be taken from the Investment Divisions and the Fixed Account in the proportion their respective values bear to the Contract Value.  The dollar amount recaptured from the corresponding Premium will never exceed the dollar amount of the Contract Enhancement added to the Contract with respect to that Premium payment.

We expect to make a profit on the recapture charge, and examples in Appendix B may assist you in understanding how the recapture charge works.  However, we do not assess the recapture charge on any amounts paid out as:

·
death benefits;
 
·
income payments paid during the income phase;
 
 
 
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·
withdrawals taken under your Contract's free withdrawal provision;
 
·
withdrawals necessary to satisfy the required minimum distribution of the Internal Revenue Code (but if the requested withdrawal exceeds the required minimum distribution, then the entire withdrawal will be assessed the applicable recapture charge); or
 
·
withdrawals of up to $250,000 from the Separate Account or from the Fixed Account if you need extended hospital or nursing home care as provided in your Contract.

Optional Death Benefit - Highest Anniversary Value Death Benefit Charge.  There is no additional charge for the Contract's basic death benefit.  However, if you select the Highest Anniversary Value Death Benefit, you will pay 0.25%, subject to a maximum of 0.40% on new issues, on an annual basis of the average daily net asset value of your allocations to the Investment Divisions.  We stop deducting this charge on the date you annuitize.

Optional Death Benefit – LifeGuard Freedom Flex DB NY Charge.   If you select the LifeGuard Freedom Flex DB NY optional death benefit, which is only available at issue and in conjunction with the purchase of the LifeGuard Freedom Flex GMWB (with 6% Bonus and Annual Step-Up Options), you will pay two separate charges for the combined benefit.  For LifeGuard Freedom Flex DB NY, you will pay 0.035% of the GMWB Death Benefit each Contract Month (0.42% annually).  The charge for LifeGuard Freedom Flex DB NY, which is based on a percentage of the GMWB Death Benefit, is separate from and in addition to the charge for the LifeGuard Freedom Flex GMWB, which is based on a percentage of the Guaranteed Withdrawal Balance (GWB) and paid each Contract Month at the current rate of 1.11% ( 0.96% for endorsements issued before April 29, 2013) annually.  For more information about the GMWB Death Benefit, please see “LifeGuard Freedom Flex DB NY” under “Optional Death Benefits”, beginning on page 120.  For more information about the charges for LifeGuard Freedom Flex GMWB, please see page 37 and for benefit information, including the GWB, please see “LifeGuard Freedom Flex GMWB” beginning on page 90.
 
We deduct the charge from your Contract Value.  The charge is pro rata deducted over each applicable Investment Division.  The charge is deducted from the Investment Divisions by the redemption of Accumulation Units attributable to your Contract rather than as an asset based charge applied to the assets of all Contract Owners who elected the optional death benefit.   While the charge is deducted from Contract Value, it is calculated based on the applicable percentage of the GMWB Death Benefit.  Upon termination of the endorsement, the charge is prorated for the period since the last monthly charge.

Guaranteed Minimum Withdrawal Benefit With 5-Year Step-Up (“SafeGuard Max”) Charge.

PLEASE NOTE:  EFFECTIVE APRIL 29, 2013, THIS ENDORSEMENT IS NO LONGER AVAILABLE TO ADD TO A CONTRACT.

If you select the Guaranteed Minimum Withdrawal Benefit With 5-Year Step-Up you pay the charge, currently 0.05% of the GWB, each Contract Month (0.60% annually), subject to a maximum annual charge of 1.20%.  We will waive the charge at the end of a Contract Month to the extent that the charge exceeds the amount of your Contract Value allocated to the Investment Divisions.  For more information about the GWB, please see “Guaranteed Minimum Withdrawal Benefit With 5-Year Step-Up” beginning on page 54.

We deduct the charge from your Contract Value on a pro rata basis over each applicable Investment Division. With the Investment Divisions, we deduct the charge by canceling Accumulation Units rather than as part of the calculation to determine Accumulation Unit Value.  While the charge is deducted from Contract Value, it is based on the applicable percentage of the GWB.  Upon termination of the endorsement, the charge is prorated for the period since the last monthly charge.

We reserve the right to prospectively change the charge: on new Contracts, if you select this benefit after your Contract is issued (subject to availability), or upon election of a step-up – subject to the applicable maximum charge.

The actual deduction of the charge will be reflected in your quarterly statement.  We stop deducting this charge on the earlier date that you annuitize the Contract, or your Contract Value is zero.  Please check with your representative to learn about the current level of the charge, or contact us at the Annuity Service Center for more information.  Our contact information is on the first page of the prospectus.  In addition, please consult the representative to be sure if a step-up is right for you and about any increase in charges upon a step-up.  Upon election of the GMWB and a step-up, the applicable GMWB charge will be reflected in your confirmation.  For more information about how the endorsement works, please see “Guaranteed Minimum Withdrawal Benefit With 5-year Step-Up” beginning on page 54.  Also see “Guaranteed Minimum Withdrawal Benefit Important Special Considerations” beginning on page 52 for additional important information to consider when purchasing a Guaranteed Minimum Withdrawal Benefit.

5% Guaranteed Minimum Withdrawal Benefit With Annual Step-Up (“AutoGuard 5”) Charge.  The charge for this GMWB begins when the endorsement is added to the Contract and is expressed as an annual percentage of the GWB (see table
 
 
34

 
 
below).  The actual deduction of the charge will be reflected in your quarterly statement.  For more information about the GWB, please see “5% Guaranteed Minimum Withdrawal Benefit With Annual Step-Up” beginning on page 58.

5% GMWB With Annual Step-Up
Annual Charge
Maximum
Current
 
1.74%
0.87%
Charge Basis
GWB
Charge Frequency
Monthly
Monthly

We deduct the charge from your Contract Value on a pro rata basis over each applicable Investment Division by canceling Accumulation Units rather than as part of the calculation to determine Accumulation Unit Value.  While the charge is deducted from the Contract Value, it is based on the applicable percentage of the GWB.  We will waive the charge at the end of a Contract Month, however, to the extent that the charge exceeds the amount of your Contract Value allocated to the Investment Divisions.  Upon termination of the endorsement, including upon conversion (if conversion is permitted), the charge is prorated for the period since the last monthly charge.

We reserve the right to prospectively change the charge on new Contracts or if you select this benefit after your Contract is issued (subject to availability) – subject to the maximum annual charge.

We may also change the charge when there is a step-up on or after the second Contract Anniversary, subject to the maximum annual charge.  In this case, if the GMWB charge is to increase, a notice will be sent to you 45 days prior to the Contract Anniversary or Contract Quarterly Anniversary.  You may then elect to discontinue the automatic step-up provision and the GMWB charge will not increase but remain at its then current level.  While electing to discontinue the automatic step-ups will prevent an increase in the charge, discontinuing step-ups also means foregoing possible increases in your GWB and/or GAWA, so carefully consider this decision should we notify you of a charge increase.  You may subsequently elect to reinstate the step-up provision at the then current GMWB Charge.  All requests will be effective on the Contract Anniversary or Contract Quarterly Anniversary following receipt of the request in Good Order within 30 days prior to the Contract Anniversary or Contract Quarterly Anniversary.

We stop deducting this charge on the earlier of the date that the GMWB is terminated, or your Contract Value is zero. Please check with your representative to learn about the current level of the charge, or contact us at the Annuity Service Center for more information.  Our contact information is on the first page of the prospectus.  In addition, please consult the representative to be sure if a step-up is right for you and about any increase in charges upon a step-up.  Upon election of the GMWB and a step-up, the applicable GMWB charge will be reflected in your confirmation.  For more information about how the endorsement works, please see “5% Guaranteed Minimum Withdrawal Benefit With Annual Step-Up (AutoGuard 5)” beginning on page 58.  Also see “Guaranteed Minimum Withdrawal Benefit Important Special Considerations” beginning on page 52 for additional important information to consider when purchasing a Guaranteed Minimum Withdrawal Benefit.

6% Guaranteed Minimum Withdrawal Benefit With Annual Step-Up (“AutoGuard 6”) Charge.

PLEASE NOTE:  EFFECTIVE APRIL 29, 2013, THIS ENDORSEMENT IS NO LONGER AVAILABLE TO ADD TO A CONTRACT.

The charge for this GMWB begins when the endorsement is added to the Contract and is expressed as an annual percentage of the GWB (see table below).  The actual deduction of the charge will be reflected in your quarterly statement.  For more information about the GWB, please see “6% Guaranteed Minimum Withdrawal Benefit With Annual Step-Up” beginning on page 61.
 

6% GMWB With Annual Step-Up
Annual Charge
Maximum
Current
 
2.04%
1.02%
Charge Basis
GWB
Charge Frequency
Monthly
Monthly

We deduct the charge from your Contract Value on a pro rata basis over each applicable Investment Division by canceling Accumulation Units rather than as part of the calculation to determine Accumulation Unit Value.  While the charge is deducted from the Contract Value, it is based on the applicable percentage of the GWB.  We will waive the charge at the end of a Contract Month, however, to the extent that the charge exceeds the amount of your Contract Value allocated to the Investment Divisions.  Upon termination of the endorsement, including upon conversion (if conversion is permitted), the charge is prorated for the period since the last monthly charge.

We reserve the right to prospectively change the charge on new Contracts or if you select this benefit after your Contract is issued (subject to availability) – subject to the maximum annual charge.
 
 
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We may also change the charge when there is a step-up on or after the second Contract Anniversary, subject to the maximum annual charge.  In this case, if the GMWB charge is to increase, a notice will be sent to you 45 days prior to the Contract Anniversary or Contract Quarterly Anniversary.  You may then elect to discontinue the automatic step-up provision and the GMWB charge will not increase but remain at its then current level.  While electing to discontinue the automatic step-ups will prevent an increase in the charge, discontinuing step-ups also means foregoing possible increases in your GWB and/or GAWA, so carefully consider this decision should we notify you of a charge increase.  You may subsequently elect to reinstate the step-up provision at the then current GMWB Charge.  All requests will be effective on the Contract Anniversary or Contract Quarterly Anniversary following receipt of the request in Good Order within 30 days prior to the Contract Anniversary or Contract Quarterly Anniversary.

We stop deducting this charge on the earlier of the date that the GMWB is terminated, or your Contract Value is zero.  Please check with your representative to learn about the current level of the charge, or contact us at the Annuity Service Center for more information.  Our contact information is on the first page of the prospectus.  In addition, please consult the representative to be sure if a step-up is right for you and about any increase in charges upon a step-up.  Upon election of the GMWB and a step-up, the applicable GMWB charge will be reflected in your confirmation.  For more information about how the endorsement works, please see “6% Guaranteed Minimum Withdrawal Benefit with Annual Step-Up (AutoGuard 6)” beginning on page 61.  Also see “Guaranteed Minimum Withdrawal Benefit Important Special Considerations” beginning on page 52 for additional important information to consider when purchasing a Guaranteed Minimum Withdrawal Benefit.

For Life Guaranteed Minimum Withdrawal Benefit With Bonus, Annual Step-Up And Earnings-Sensitive Withdrawal Amount (with and without the Optional Income Upgrade Table) (“LifeGuard Freedom 6 Net”) Charge.  The charge for this GMWB varies depending on whether you select the Optional Income Upgrade Table which provides a higher GAWA percentage at an increased charge.  For endorsements purchased on or after April 29, 2013 , if you elect this GMWB without the Optional Income Upgrade Table you will pay 0.1050% of the GWB each Contract Month (1.26% annually), and if you elect the Optional Income Upgrade Table, you will pay 0.1250% of the GWB each Contract Month (1.50% annually). For endorsements purchased before April 29, 2013 , i f you select this GMWB without the Optional Income Upgrade Table, you will pay 0.0925% of the GWB each Contract Month (1.11% annually) , and if you elect the Optional Income Upgrade Table, you will pay 0.1125% of the GWB each Contract Month (1.35% annually).  We will waive the charge at the end of a Contract Month to the extent that the charge exceeds the amount of your Contract Value allocated to the Investment Divisions.  For more information about the GWB and the Optional Income Upgrade Table, please see “For Life Guaranteed Minimum Withdrawal Benefit With Bonus, Annual Step-Up And Earnings-Sensitive Withdrawal Amount” beginning on page 64.  We deduct the charge from your Contract Value pro rata over each applicable Investment Division by canceling accumulation units rather than as part of the calculation to determine Accumulation Unit Value.  While the charge is deducted from Contract Value, it is based on the applicable percentage of the GWB.  Upon termination of the endorsement, including upon conversion (if conversion is permitted), the charge is prorated for the period since the last monthly charge.

We reserve the right to prospectively change the charge on new Contracts or if you select this benefit after your Contract is issued (subject to availability) subject to the maximum annual charge of 2.52 % annually for endorsements without the Optional Income Upgrade Table (2.22% for endorsements purchased before April 29, 2013 ) , and 3.00 % for endorsements with the Optional Income Upgrade Table (2.70% for endorsements purchased before April 29, 2013 ) .  We may also change the charge when there is a step-up on or after the second Contract Anniversary, again subject to the applicable maximum annual charge.  If the GMWB charge is to increase, a notice will be sent to you 45 days prior to the Contract Anniversary.  You may then elect to discontinue the automatic step-up provision and the GMWB charge will not increase but remain at its then current level.  Please be aware that election to discontinue the automatic step-ups will also discontinue the application of the GWB bonus.  While electing to discontinue the automatic step-ups will prevent an increase in charge, discontinuing step-ups and, therefore, discontinuing application of the GWB bonus also means foregoing possible increases in your GWB and/or GAWA so carefully consider this decision should we notify you of a charge increase.  Also know that you may subsequently elect to reinstate the step-up provision together with the GWB bonus provision at the then current GMWB Charge. All requests will be effective on the Contract Anniversary following receipt of the request in Good Order.

The actual deduction of the charge will be reflected in your quarterly statement. You will continue to pay the charge for the endorsement through the earlier date that you annuitize the Contract or your Contract Value is zero.  Also, we will stop deducting the charge under the other circumstances that would cause the endorsement to terminate.  For more information, please see “Termination” under “For Life Guaranteed Minimum Withdrawal Benefit With Bonus, Annual Step-Up And Earnings-Sensitive Withdrawal Amount” beginning on page 73.  Please check with your representative to learn about the current level of the charge, or contact us at the Annuity Service Center for more information.  Our contact information is on the first page of the prospectus.  In addition, please consult the representative to be sure if a step-up is right for you and about any increase in charges upon a step-up.  Upon election of the GMWB and a step-up, the applicable GMWB charge will be reflected in your confirmation. For more information about how the endorsement works, please see “For Life Guaranteed Minimum Withdrawal Benefit With Bonus, Annual Step-Up And Earnings-Sensitive Withdrawal Amount” beginning on page 64.  Also see “Guaranteed Minimum Withdrawal Benefit Important Special Considerations” beginning on page 52 for additional important information to consider when purchasing a Guaranteed Minimum Withdrawal Benefit.
 
 
36

 
 
Joint For Life Guaranteed Minimum Withdrawal Benefit With Bonus, Annual Step-Up And Earnings-Sensitive Withdrawal Amount (with and without the Optional Income Upgrade Table) (“LifeGuard Freedom 6 Net With Joint Option”) Charge.

PLEASE NOTE:  EFFECTIVE OCTOBER 15, 2012, THIS ENDORSEMENT IS NO LONGER AVAILABLE TO ADD TO A CONTRACT.

The charge for this GMWB varies depending on whether you select the Optional Income Upgrade Table, which provides a higher GAWA percentage at an increased charge .  If you select this GMWB without the Optional Income Upgrade Table, you will pay 0.13% of the GWB each Contract Month (1.56% annually).  If you elect the Optional Income Upgrade Table, you will pay 0.15% of the GWB each Contract Month (1.80% annually).  We will waive the charge at the end of a Contract Month to the extent that the charge exceeds the amount of your Contract Value allocated to the Investment Divisions.  For more information about the GWB and the Optional Income Upgrade Table, please see “Joint For Life Guaranteed Minimum Withdrawal Benefit With Bonus, Annual Step-Up And Earnings-Sensitive Withdrawal Amount” beginning on page 76.  We deduct the charge from your Contract Value pro rata over each applicable Investment Division by canceling accumulation units rather than as part of the calculation to determine Accumulation Unit Value.  While the charge is deducted from Contract Value, it is based on the applicable percentage of the GWB.  Upon termination of the endorsement, including upon conversion (if conversion is permitted), the charge is prorated for the period since the last monthly charge.

We reserve the right to prospectively change the charge on new Contracts or if you select this benefit after your Contract is issued (subject to availability) subject to the maximum annual charge of 3.00% annually.  We may also change the charge when there is a step-up on or after the second Contract Anniversary, again subject to the maximum annual charge.  If the GMWB charge is to increase, a notice will be sent to you 45 days prior to the Contract Anniversary.  You may then elect to discontinue the automatic step-up provision and the GMWB charge will not increase but remain at its then current level.  Please be aware that election to discontinue the automatic step-ups will also discontinue the application of the GWB bonus.  While electing to discontinue the automatic step-ups will prevent an increase in charge, discontinuing step-ups and, therefore, discontinuing application of the GWB bonus also means foregoing possible increases in your GWB and/or GAWA so carefully consider this decision should we notify you of a charge increase.  Also know that you may subsequently elect to reinstate the step-up provision together with the GWB bonus provision at the then current GMWB Charge. All requests will be effective on the Contract Anniversary following receipt of the request in Good Order.

The actual deduction of the charge will be reflected in your quarterly statement. You will continue to pay the charge for the endorsement through the earlier date that you annuitize the Contract or your Contract Value is zero.  Also, we will stop deducting the charge under the other circumstances that would cause the endorsement to terminate.  For more information, please see “Termination” under “Joint For Life Guaranteed Minimum Withdrawal Benefit With Bonus, Annual Step-Up And Earnings-Sensitive Withdrawal Amount” beginning on page 86.  Please check with your representative to learn about the current level of the charge, or contact us at the Annuity Service Center for more information.  Our contact information is on the first page of the prospectus.  In addition, please consult the representative to be sure if a step-up is right for you and about any increase in charges upon a step-up.  Upon election of the GMWB and a step-up, the applicable GMWB charge will be reflected in your confirmation. For more information about how the endorsement works, please see “Joint For Life Guaranteed Minimum Withdrawal Benefit With Bonus, Annual Step-Up And Earnings-Sensitive Withdrawal Amount” beginning on page 76.  Also see “Guaranteed Minimum Withdrawal Benefit Important Special Considerations” beginning on page 52 for additional important information to consider when purchasing a Guaranteed Minimum Withdrawal Benefit.

For Life Guaranteed Minimum Withdrawal Benefit With Bonus And Step-Up (with and without the Optional Income Upgrade Table) (“LifeGuard Freedom Flex GMWB”) Charge.  The charge for this GMWB begins when the endorsement is added to the Contract and is expressed as an annual percentage of the GWB.  The percentage varies depending on whether you elect the Optional Income Upgrade Table which provides a higher GAWA percentage at an increased charge (see table below).  For more information about the GWB and the Optional Income Upgrade Table, please see “LifeGuard Freedom Flex GMWB” beginning on page 90.

GMWBS ISSUED ON OR AFTER APRIL 29, 2013

LifeGuard Freedom Flex GMWB Without Optional Income
Upgrade Table
 
 Annual Charge
 Options
Maximum
Current
5% Bonus and Annual Step-Up
2.04%
1.02%
6% Bonus and Annual Step-Up
2.22%
1.11%
7% Bonus and Annual Step-Up
2.52%
1.26%
Charge Basis
GWB
Charge Frequency
Monthly

 
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LifeGuard Freedom Flex GMWB With Optional Income
Upgrade Table
Options
Maximum
Current
5% Bonus and Annual Step-Up
2.52%
1.26%
6% Bonus and Annual Step-Up
2.70%
1.35%
7% Bonus and Annual Step-Up
3.00%
1.50%
Charge Basis
GWB
Charge Frequency
Monthly
Monthly
 
GMWBS ISSUED BEFORE APRIL 29, 2013

LifeGuard Freedom Flex GMWB Without Optional Income
Upgrade Table
 
 Annual Charge
 Options
Maximum
Current
5% Bonus and Annual Step-Up
1.80%
0.90%
5% Bonus and Annual Step-Up to the Highest Quarterly Contract Value (no longer offered on or after April 29, 2013)
2.04%
1.02%
6% Bonus and Annual Step-Up
1.92%
0.96%
6% Bonus and Annual Step-Up to the Highest Quarterly Contract Value (no longer offered on or after April 29, 2013)
2.22%
1.11%
7% Bonus and Annual Step-Up
2.22%
1.11%
7% Bonus and Annual Step-Up to the Highest Quarterly Contract Value (no longer offered on or after April 29, 2013)
2.52%
1.26%
Charge Basis
GWB
Charge Frequency
Monthly
 
LifeGuard Freedom Flex GMWB With Optional Income
Upgrade Table
Options
Maximum
Current
5% Bonus and Annual Step-Up
2.34%
1.17%
5% Bonus and Annual Step-Up to the Highest Quarterly Contract Value (no longer offered on or after April 29, 2013)
2.52%
1.26%
6% Bonus and Annual Step-Up
2.40%
1.20%
6% Bonus and Annual Step-Up to the Highest Quarterly Contract Value (no longer offered on or after April 29, 2013)
2.70%
1.35%
7% Bonus and Annual Step-Up
2.70%
1.35%
7% Bonus and Annual Step-Up to the Highest Quarterly Contract Value (no longer offered on or after April 29, 2013)
3.00%
1.50%
Charge Basis
GWB
Charge Frequency
Monthly
Monthly

You pay the applicable annual percentage of the GWB each Contract Month.  We deduct the charge from your Contract Value.  Monthly charges are pro rata deducted over each applicable Investment Division.  We deduct the charge by canceling Accumulation Units rather than as part of the calculation to determine Accumulation Unit Value.  While the charge is deducted from Contract Value, it is based on the applicable percentage of the GWB.  We will waive the charge at the end of a Contract Month, however, to the extent that the charge exceeds the amount of your Contract Value allocated to the Investment Divisions.  Upon termination of the endorsement, including upon conversion (if conversion is permitted), the charge is prorated for the period since the last monthly charge.

We reserve the right to prospectively change the charge on new Contracts, or if you select this benefit after your Contract is issued (subject to availability), subject to the applicable maximum annual charge.  We may also change the charge when there is a step-up on or after the second Contract Anniversary, again subject to the maximum annual charge.  If the GMWB charge is to increase, a notice will be sent to you 45 days prior to the Contract Anniversary.  You may then elect to discontinue the automatic step-up provision and the GMWB charge will not increase but remain at its then current level.  Please be aware that election to discontinue the automatic
 
 
38

 
 
step-ups will also discontinue the application of the GWB bonus.  While electing to discontinue the automatic step-ups will prevent an increase in the charge, discontinuing step-ups and, therefore, discontinuing application of the GWB bonus also means foregoing possible increases in your GWB and/or GAWA so carefully consider this decision should we notify you of a charge increase.  Also know that you may subsequently elect to reinstate the step-up provision together with the GWB bonus provision at the then current GMWB Charge. All requests will be effective on the Contract Anniversary following receipt of the request in Good Order.

The actual deduction of the charge will be reflected in your quarterly statement. You will continue to pay the charge for the endorsement through the earlier date that you annuitize the Contract or your Contract Value is zero.  We will, however, stop deducting the charge under the other circumstances that would cause the endorsement to terminate.  For more information, please see “Termination” under “LifeGuard Freedom Flex GMWB” beginning on page 98.  Please check with your representative to learn about the current level of the charge, or contact us at the Annuity Service Center for more information.  Our contact information is on the first page of the prospectus.  In addition, please consult the representative to be sure if a step-up is right for you and about any increase in charges upon a step-up.  Upon election of the GMWB and a step-up, the applicable GMWB charge will be reflected in your confirmation. For more information about how the endorsement works, please see “LifeGuard Freedom Flex GMWB” beginning on page 90.  Also see “Guaranteed Minimum Withdrawal Benefit Important Special Considerations” beginning on page 52 for additional important information to consider when purchasing a Guaranteed Minimum Withdrawal Benefit.

Note: The above section describes the charge for the LifeGuard Freedom Flex GMWB only.  If you purchase the LifeGuard Freedom Flex DB NY, additional charges apply.  Please see “Optional Death Benefit - Life Guard Freedom Flex DB NY Charge” under “Contract Charges”, beginning on page 34 for details.

Joint For Life Guaranteed Minimum Withdrawal Benefit With Bonus And Step-Up (with and without the Optional Income Upgrade Table) (“LifeGuard Freedom Flex With Joint Option GMWB”) Charge.

PLEASE NOTE:  EFFECTIVE OCTOBER 15, 2012, THIS ENDORSEMENT IS NO LONGER AVAILABLE TO ADD TO A CONTRACT.

The charge for this GMWB begins when the endorsement is added to the Contract and is expressed as an annual percentage of the GWB.  The percentage varies depending on whether you elect the Optional Income Upgrade Table which provides a higher GAWA percentage at an increased charge (see table below).  For more information about the GWB and the Optional Income Upgrade Table, please see “LifeGuard Freedom Flex With Joint Option” beginning on page 100.

LifeGuard Freedom Flex With Joint Option GMWB Without Optional Income Upgrade Table
 
Annual Charge
Options
Maximum
Current
5% Bonus and Annual Step-Up
2.10%
1.05%
5% Bonus and Annual Step-Up to the Highest Quarterly Contract Value
2.52%
1.26%
6% Bonus and Annual Step-Up
2.52%
1.26%
Charge Basis
GWB
Charge Frequency
Monthly
 
LifeGuard Freedom Flex With Joint Option GMWB With Optional
Income Upgrade Table
 
Annual Charge
Options
Maximum
Current
5% Bonus and Annual Step-Up
2.64%
1.32%
5% Bonus and Annual Step-Up to the Highest Quarterly Contract Value
3.00%
1.50%
6% Bonus and Annual Step-Up
3.00%
1.50%
Charge Basis
GWB
Charge Frequency
Monthly

You pay the applicable annual percentage of the GWB each Contract Month.  We deduct the charge from your Contract Value.  Monthly charges are pro rata deducted over each applicable Investment Division.  We deduct the charge by canceling Accumulation Units rather than as part of the calculation to determine Accumulation Unit Value.  While the charge is deducted from Contract Value, it is based on the applicable percentage of the GWB.  We will waive the charge at the end of a Contract Month, however, to the extent that the charge exceeds the amount of your Contract Value allocated to the Investment Divisions.  Upon termination of the endorsement, including upon conversion (if conversion is permitted), the charge is prorated for the period since the last monthly charge.
 
 
39

 

We reserve the right to prospectively change the charge on new Contracts, or if you select this benefit after your Contract is issued (subject to availability), subject to the applicable maximum annual charge.  We may also change the charge when there is a Step-Up on or after the second Contract Anniversary, again subject to the maximum annual charge.  If the GMWB charge is to increase, a notice will be sent to you 45 days prior to the Contract Anniversary.  You may then elect to discontinue the automatic step-up provision and the GMWB charge will not increase but remain at its then current level.  Please be aware that election to discontinue the automatic step-ups will also discontinue the application of the GWB bonus.  While electing to discontinue the automatic step-ups will prevent an increase in the charge, discontinuing step-ups and, therefore, discontinuing application of the GWB bonus also means foregoing possible increases in your GWB and/or GAWA so carefully consider this decision should we notify you of a charge increase.  Also know that you may subsequently elect to reinstate the step-up provision together with the GWB bonus provision at the then current GMWB Charge. All requests will be effective on the Contract Anniversary following receipt of the request in Good Order.

The actual deduction of the charge will be reflected in your quarterly statement. You will continue to pay the charge for the endorsement through the earlier date that you annuitize the Contract or your Contract Value is zero.  We will, however, stop deducting the charge under the other circumstances that would cause the endorsement to terminate.  For more information, please see “Termination” under “LifeGuard Freedom Flex With Joint Option GMWB” beginning on page 108.  Please check with your representative to learn about the current level of the charge, or contact us at the Annuity Service Center for more information.  Our contact information is on the first page of the prospectus.  In addition, please consult the representative to be sure if a step-up is right for you and about any increase in charges upon a step-up.  Upon election of the GMWB and a step-up, the applicable GMWB charge will be reflected in your confirmation. For more information about how the endorsement works, please see “LifeGuard Freedom Flex With Joint Option GMWB” beginning on page 100.  Also see “Guaranteed Minimum Withdrawal Benefit Important Special Considerations” beginning on page 52 for additional important information to consider when purchasing a Guaranteed Minimum Withdrawal Benefit.

Guaranteed Minimum Withdrawal Benefit For Stretch RMDs (“MarketGuard Stretch GMWB”) Charge.  The charge for this GMWB begins when the endorsement is added to the Contract and is expressed as an annual percentage of the GMWB Charge Base (see table below).

 
Annual Charge
Maximum
Current
 
 
2.22%
 
1.11%
Charge Basis
GMWB Charge Base
Charge Frequency
Monthly
Monthly

GMWB Charge Base.  At election, the GMWB Charge Base is equal to the Guaranteed Withdrawal Balance (“GWB”).  After each subsequent purchase payment, the GMWB Charge Base is increased by the amount of the purchase payment net of any applicable Premium taxes, subject to a maximum of $5,000,000.  The GMWB Charge Base is not reduced for withdrawals unless a withdrawal, plus all prior withdrawals in the current Contract Year, exceeds the greater of the GAWA or Stretch RMD, as applicable. In this case, the GMWB Charge Base is reduced for the Excess Withdrawal amount in the same proportion as the Contract Value is reduced by the Excess Withdrawal. The Excess Withdrawal is defined to be the lesser of:

The total amount of the current partial withdrawal, Or
 
The amount by which the cumulative partial withdrawals for the current Contract Year exceeds the greater of the GAWA or the Stretch RMD, as applicable.

For more information about the GMWB Charge Base, GAWA and Stretch RMD, please see “Guaranteed Minimum Withdrawal Benefit For Stretch RMDs (“MarketGuard Stretch GMWB”) beginning on page 111.

We deduct the charge from your Contract Value on a pro rata basis over each applicable Investment Division.  With the Investment Divisions, we deduct the charge by canceling Accumulation Units rather than as part of the calculation to determine Accumulation Unit Value.  While the charge is deducted from Contract Value, it is based on the applicable percentage of the GMWB Charge Base.  We will waive the charge at the end of a Contract Month, however, to the extent that the charge exceeds the amount of your Contract Value allocated to the Investment Divisions.  Upon termination of the endorsement, the charge is prorated for the period since the last monthly charge.

We reserve the right to prospectively change the charge on new Contracts, or elections after issue (subject to availability) subject to the applicable maximum charge. The actual deduction of the charge will be reflected in your quarterly statement.  We stop deducting this charge on the earlier of the date the endorsement terminates, or the date your Contract Value is zero.  Please check with your representative to learn about the current level of the charge, or contact us at the Annuity Service Center for more information.  Our contact information is on the first page of the prospectus.  For more information about how the endorsement works, please see “Guaranteed Minimum Withdrawal Benefit For Stretch RMDs (‘MarketGuard Stretch GMWB’)” beginning on page 111.  Also see
 
 
40

 
 
“Guaranteed Minimum Withdrawal Benefit Important Special Considerations” beginning on page 52 for additional important information to consider when purchasing a Guaranteed Minimum Withdrawal Benefit.

Four-Year Withdrawal Charge Period. If you select the optional four-year withdrawal charge period feature, you will pay 0.40% on an annual basis of the average daily net asset value of your allocations to the Investment Divisions.  We stop deducting this charge after the first four Contract Years.

Other Expenses. We pay the operating expenses of the Separate Account including those not covered by the mortality and expense and administrative charges.  There are deductions from and expenses paid out of the assets of the Fund.  These expenses are described in the attached prospectus for the JNL Series Trust and the JNL Variable Fund LLC.  For more information, please see the “Fund Operating Expenses” table beginning on page 9.

Premium Taxes. Your state charges Premium taxes or other similar taxes.  We pay these taxes and may make a deduction from your Contract Values for them.  Currently, the deduction would be 2% of a Premium payment, but we are not required to pay Premium taxes.

Income Taxes. We reserve the right, when calculating unit values, to deduct a credit or charge with respect to any taxes we have paid or reserved for during the valuation period that we determine to be attributable to the operation of the Separate Account, or to a particular Investment Division.  No federal income taxes are applicable under present law, and we are not presently making any such deduction.

DISTRIBUTION OF CONTRACTS

Jackson National Life Distributors LLC (“JNLD” or “Distributor”), located at 7601 Technology Way, Denver, Colorado 80237, serves as the distributor of the Contracts.  JNLD is a wholly owned subsidiary of Jackson National Life Insurance Company (“Jackson®”), Jackson of NY's parent.  JNLD is registered as a broker-dealer with the Securities and Exchange Commission under the Securities Exchange Act of 1934 and is a member of the Financial Industry Regulatory Authority (“FINRA”).  JNLD is not a member of the Securities Investor Protection Corporation (“SIPC”).   For more information on broker-dealers and their registered representatives, you may use the FINRA BrokerCheck program via telephone (1-800-289-9999) or internet (www.finra.org).

The Contract is offered to customers of various financial institutions, brokerage firms and their affiliate insurance agencies. No financial institution, brokerage firm or insurance agency has any legal responsibility to pay amounts that are owed under the Contract. The obligations and guarantees under the Contract are the sole responsibility of Jackson.  The financial institution, brokerage firm or insurance agency is responsible for delivery of various related disclosure documents and the accuracy of their oral description and recommendation of the purchase of the Contract.

Commissions are paid to broker-dealers who sell the Contracts.  While commissions may vary, they are not expected to exceed 8% of any Premium payment.  Where lower commissions are paid up front, we may also pay trail commissions.  We may also pay commissions on the Income Date if the annuity option selected involves a life contingency or a payout over a period of ten or more years.

Under certain circumstances, JNLD out of its own resources may pay bonuses, overrides, and marketing allowances, in addition to the standard commissions.  These payments and/or reimbursements to broker-dealers are in recognition of their marketing and distribution and/or administrative services support.  They may not be offered to all broker-dealers, and the terms of any particular agreement may vary widely among broker-dealers depending on, among other things, the level and type of marketing and distribution support provided assets under management and the volume and size of the sales of our insurance products.  They may provide us greater access to the registered representatives of the broker-dealers receiving such compensation or may otherwise influence the broker-dealer and/or registered representative to present the Contracts more favorably than other investment alternatives.  Such compensation is subject to applicable state insurance law and regulation and the NASD rules of conduct.  While such compensation may be significant, it will not cause any additional direct charge by us to you.

The two primary forms of such compensation paid by JNLD are overrides and marketing support payments.  Overrides are payments that are designed as consideration for product placement, assets under management and sales volume.  Overrides are generally based on a fixed percentage of product sales and generally range from 10 to 50 basis points (0.10% to 0.50%).  Marketing support payments may be in the form of cash and/or non-cash compensation and allow us to, among other things, participate in sales conferences (for example, national, regional and top producer meetings) , sponsorships and educational seminars.  Examples of such payments include, but are not limited to, reimbursements for representative training or “due diligence” meetings (including travel and lodging expenses), client events, speaker fees and business development and educational enhancement items, including payments to third party vendors for such items.  Payments or reimbursements for meetings and seminars are generally based on the anticipated level of participation and/or accessibility and the size of the audience.  Subject to NASD rules of conduct, we may also provide cash and/or non-cash compensation to registered representatives in the form of gifts, promotional items and occasional meals and entertainment.  Individual registered representatives may receive differing levels of sales and service support.
 
 
41

 

Below is an alphabetical listing of the 20 broker-dealers that received the largest amounts of marketing and distribution and/or administrative support in 2012 from the Distributor in relation to the sale of our variable insurance products:

Commonwealth Financial Network
CUSO Financial Services
ING Financial Partners Inc
INVEST Financial Corporation
Lincoln Financial Advisors
LPL Financial Corporation
Merrill Lynch
MML Investors Services Inc
Morgan Keegan
Morgan Stanley Smith Barney
National Planning Corporation
Raymond James
RBC Capital Markets Corp
Securities America
Signator Investors, Inc
SII Investments
Transamerica Financial Advisors, Inc
UBS Financial Services Inc
Wells Fargo Advisors
Woodbury Financial Services Inc


Please see Appendix C for a complete list of broker-dealers that received amounts of marketing and distribution and/or administrative support in 2012 from the Distributor in relation to the sale of our variable insurance products.  While we endeavor to update this list on an annual basis, please note that interim changes or new arrangements may not be listed.

We may, under certain circumstances where permitted by applicable law, pay a bonus to a Contract purchaser to the extent the broker-dealer waives its commission.  You can learn about the amount of any available bonus by calling the toll-free number on the cover page of this prospectus.  Contract purchasers should inquire of the representative if such bonus is available to them and its compliance with applicable law.  We may use any of our corporate assets to cover the cost of distribution, including any profit from the Contract's mortality and expense risk charge and other charges.  Besides Jackson National Life Distributors LLC, we are affiliated with the following broker-dealers:

·
National Planning Corporation,
 
·
SII Investments, Inc.,
 
·
IFC Holdings, Inc. d/b/a Invest Financial Corporation,
 
·
Investment Centers of America, Inc., and
 
·
Curian Clearing LLC

The Distributor also has the following relationships with the sub-advisers and their affiliates.  The Distributor receives payments from certain sub-advisers to assist in defraying the costs of certain promotional and marketing meetings in which they participate.  The amounts paid depend on the nature of the meetings, the number of meetings attended, the costs expected to be incurred and the level of the sub-adviser's participation.  Our affiliated broker-dealers may also sell the retail mutual funds of certain sub-advisers.  In addition, the Distributor acts as distributor of variable annuity contracts and variable life insurance policies (the “Other Contracts”) issued by Jackson of NY and Jackson, its parent.  Raymond James Financial Services, a brokerage affiliate of the sub-adviser to the JNL/Eagle Funds, participates in the sale of Contracts and is compensated by JNLD for its activities at the standard rates of compensation.  Unaffiliated broker-dealers are also compensated at the standard rates of compensation.  The compensation consists of commissions, trail commissions and other compensation or promotional incentives as described above and in the prospectus or statement of additional information for the Other Contracts.
 
 
42

 

All of the compensation described here, and other compensation or benefits provided by Jackson of NY or our affiliates, may be greater or less than the total compensation on similar or other products.  The amount and/or structure of the compensation can possibly create a potential conflict of interest as it may influence your registered representative, broker-dealer or selling institution to present this Contract over other investment alternatives. The variations in compensation, however, may also reflect differences in sales effort or ongoing customer services expected of the registered representative or the broker-dealer.  You may ask your registered representative about any variations and how he or she and his or her broker-dealer are compensated for selling the Contract.

PURCHASES

Minimum Initial Premium:

·
$5,000 under most circumstances
 
·
$2,000 for a qualified plan Contract

Minimum Additional Premiums:

·
$500 for a qualified or non-qualified plan
 
·
$50 for an automatic payment plan
 
·
You can pay additional Premiums at any time during the accumulation phase unless a specific optional benefit or feature provides limitations.   However, if the Four-Year Withdrawal Charge Period is elected, no Premium will be accepted after the first Contract Year.

These minimums apply to purchases, but do not preclude subsequent partial withdrawals that would reduce Contract Values below the minimum initial purchase amounts, as long as the amount left in the account is sufficient to pay the withdrawal charge.  We reserve the right to limit the number of Contracts that you may purchase.  We also reserve the right to refuse any Premium payment.  There is a $100 minimum balance requirement for each Fixed Account and Investment Division.  A withdrawal request that would reduce the remaining Contract Value to less than $100 will be treated as a request for a complete withdrawal.  We reserve the right to restrict availability or impose restrictions on the Fixed Account options.

Maximum Premiums:

·
The maximum aggregate Premiums you may make without our prior approval is $1 million.

The payment of subsequent Premiums , depending on market conditions at the time they are made , may or may not contribute to the various benefits under your Contract, including the death benefit, or any GMWB.   Our right to restrict Premiums to a lesser maximum amount may also affect the benefits under your Contract.

Allocations of Premium. You may allocate your Premiums to one or more of the Fixed Account and Investment Divisions.  Each allocation must be a whole percentage between 0% and 100%.  The minimum amount you may allocate to the Fixed Account or an Investment Division is $100.  We will allocate any additional Premiums you pay in the same way unless you instruct us otherwise.

Although more than 18 Investment Divisions and the Fixed Account are available under your Contract, you may not allocate your Contract Values among more than 18 at any one time.

We will issue your Contract and allocate your first Premium within two Business Days (days when the New York Stock Exchange is open) after we receive your first Premium and all information that we require for the purchase of a Contract.  If we do not receive all of the information that we require, we will contact you to get the necessary information.  If for some reason we are unable to complete this process within five Business Days, we will return your money.

Each Business Day ends when the New York Stock Exchange closes (usually 4:00 p.m. Eastern time).

Optional Contract Enhancements.

PLEASE NOTE:  EFFECTIVE OCTOBER 15, 2012, THESE ENDORSEMENTS ARE NOT CURRENTLY AVAILABLE TO ADD TO A CONTRACT.

You may elect one of our three optional Contract Enhancement endorsements.  The Contract Enhancement endorsements available are
 
 
43

 
 
the 2% Contract Enhancement endorsement, 3% Contract Enhancement endorsement or 4% Contract Enhancement endorsement.  Contract Enhancement endorsements are available only at the time you purchase your contract and to Owners 87 years old and younger.  If elected, a Contract Enhancement endorsement cannot be canceled.    In addition, if you elect any Contract Enhancement endorsement, you cannot select the Capital Protection Program.
 
 
If you elect a Contract Enhancement endorsement, the following Fixed Account restrictions currently apply.  During the first eight Contract Years (six Contract Years for the 2% Contract Enhancement), the three, five and seven year Fixed Account Options are not available and transfers to any Fixed Account Option are not permitted (including under the Dollar Cost Averaging program).  During the first seven Contract Years (five Contract Years for the 2% Contract Enhancement), Premiums may be allocated to the one year Fixed Account Option.  However, any Premium allocated to the one year Fixed Account must be transferred out of the one year Fixed Account in a series of scheduled monthly transfers to your choice of Investment Divisions within either a 6 or 12 month period beginning on the date we received the Premium. Therefore, at the end of the 6 or 12 month period, all amounts in the one year Fixed Account will have been transferred out of the one year Fixed Account.  (See "The Fixed Account" on page 13.)  These restrictions may be modified, eliminated, or otherwise revised, at which time we will provide you with written notice of the changes.

If an optional Contract Enhancement endorsement is elected, then at the end of any Business Day in the first seven Contract Years (five Contract Years for the 2% Contract Enhancement) when we receive a Premium payment, we will credit your Contract Value with a Contract Enhancement.  The actual Contract Enhancement percentage applied to the Premium payment varies, depending upon which Contract Enhancement you have selected and the Contract Year in which you make your payment.  Therefore, the dollar amount of the actual Contract Enhancement credited to your Contract Value also varies, depending on the Contract Enhancement percentage applied and the amount of the Premium payment.   The Contract Enhancement percentage applied to a Premium payment is generally a declining and lesser percentage for Premium payments received after the first Contract Year (see the schedules below).

In addition, since total expenses for a Contract with a Contract Enhancement are higher than those for a Contract without a Contract Enhancement, it is possible that upon surrender you will receive less money back than you would have if you had not elected a Contract Enhancement.  This is discussed further on page 46.

2% Contract Enhancement endorsement
 
 
Contract Year Premium is Received
 
0-1
1-2
2-3
3-4
4-5
5+
Contract Enhancement Percentage of the Premium Payment
2.00%
2.00%
1.25%
1.25%
0.50%
0%

 
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3% Contract Enhancement endorsement
 
 
Contract Year Premium is Received
 
0-1
1-2
2-3
3-4
4-5
5-6
6-7
7+
Contract Enhancement Percentage of the Premium Payment
3.00%
3.00%
2.25%
2.00%
2.00%
1.00%
1.00%
0%
 
4% Contract Enhancement endorsement
 
 
Contract Year Premium is Received
 
0-1
1-2
2-3
3-4
4-5
5-6
6-7
7+
Contract Enhancement Percentage of the Premium Payment
4.00%
4.00%
3.00%
2.50%
2.50%
1.25%
1.25%
0%

There is a charge for the optional Contract Enhancement endorsements that is assessed against the Investment Divisions and the Fixed Account for the Contract Enhancements, and its amount depends upon which Contract Enhancement endorsement you elect.  For more information about the charges for these endorsements, please see “Contract Enhancement Charge” on page 32.

We will impose a Contract Enhancement recapture charge if you:

·
make a total withdrawal within the recapture charge schedule or a partial withdrawal within the recapture charge schedule in excess of the free withdrawals permitted by your Contract (or an additional free withdrawal endorsement if elected) (the recapture charge is imposed only on the excess amount above the free withdrawal amount),
 
·
make a partial withdrawal within the recapture charge schedule in excess of the required minimum distribution of the Internal Revenue Code (the entire withdrawal will be assessed the applicable recapture charge), or
 
·
return your Contract during the Free Look period.  (If you return your Contract during the Free Look period, the entire amount of the Contract Enhancement will be recaptured.)

The Recapture Charge schedule(s) can be found beginning on page 32 of this prospectus.  The percentage amount of the recapture charge depends upon (i) the corresponding declining amount of the Contract Enhancement based on the Contract Year when the Premium payment being withdrawn was received and (ii) when the recapture charge is imposed based on the Completed Years since the receipt of the related Premium.  (See the examples in Appendix B showing how these recapture charges are applied to withdrawals.)

We will not impose the Contract Enhancement recapture charge on any amounts paid out as:

·
earnings (excess of your Contract Value allocated to the Investment Divisions and the Fixed Account over your Remaining Premium in these Options);
 
·
death benefits;
 
·
income payments paid during the income phase;
 
·
withdrawals taken under your Contract's free withdrawal provisions;
 
·
withdrawals necessary to satisfy the required minimum distribution of the Internal Revenue Code (but if the requested withdrawal exceeds the required minimum distribution, then the entire withdrawal will be assessed the applicable recapture charge); or
 
·
withdrawals of up to $250,000 from the Separate Account or from the Fixed Account if you need extended hospital or nursing home care as provided in your Contract (see "Waiver of Withdrawal and Recapture Charges for Extended Care" on page 51 for more information).

For purposes of the recapture charge, we treat withdrawals as coming first from earnings and then from the oldest Remaining Premium, based on the completed years (12 months) since the receipt of Premiums.  (See example 2 in Appendix B for an illustration.)  We expect to make a profit on these charges for the Contract Enhancements.  Examples in Appendix B may assist you in
 
 
45

 
 
understanding how recapture charges for the Contract Enhancements work.  In certain situations, both a recapture charge and a withdrawal charge will be charged on your withdrawal amount (see examples 1 and 2 in Appendix B).

Your Contract Value will reflect any gains or losses attributable to a Contract Enhancement. Contract Enhancements, and any increase in value attributable to a Contract Enhancement, distributed under your Contract will be considered earnings under the Contract for tax purposes.

As referenced above, there is a charge for the optional Contract Enhancement endorsements.  This Contract Enhancement charge is based on the average daily net asset value of your allocations to the Investment Divisions and is deducted from the total value of the Separate Account.  In addition, for the Fixed Account, the Contract Enhancement charge lowers the credited rate that would apply if the Contract Enhancement had not been elected.  Therefore, you will incur charges on the entire amounts included in your Contract, which includes Premium payments made in the first seven Contract Years (five for the 2% Contract Enhancement), the Contract Enhancement and the earnings, if any, on such amounts for the first seven Contract Years (five for the 2% Contract Enhancement).  As a result, the aggregate charges assessed will be higher than those that would be charged if you did not elect a Contract Enhancement.  Accordingly, it is possible that upon surrender, you will receive less money back than you would have if you had not elected a Contract Enhancement. Jackson of NY will recapture all or part of any Contract Enhancements if you make withdrawals in the first seven Contract Years (five Contract Years for the 2% Contract Enhancement).   We expect to profit from certain charges assessed under the Contract, including the withdrawal charge, the mortality and expense risk charge and the Contract Enhancement charge.

Charges for the Contract Enhancement are not assessed after the seventh Contract Year (fifth for the 2% Contract Enhancement).  Accordingly, the increased Contract Value resulting from a Contract Enhancement is reduced during the first seven Contract Years (five for the 2% Contract Enhancement) by the operation of the Contract Enhancement charge.  If you make Premium payments only in the first Contract Year and do not make a withdrawal during the first seven years (five for the 2% Contract Enhancement), at the end of the seven-year period (five for the 2% Contract Enhancement) that the Contract Enhancement charge is applicable, the Contract Value will be equal to or slightly higher than if you had not selected a Contract Enhancement, regardless of investment performance.  Contract Values may also be higher if you pay additional Premium payments in the first Contract Year, because those additional amounts will be subject to the Contract Enhancement Charge for less than seven full years (five for the 2% Contract Enhancement).

In the first seven Contract Years (five for the 2% Contract Enhancement), the Contract Enhancement typically will be beneficial (even in circumstances where cash surrender value may not be higher than Contracts without the Contract Enhancement) in the following circumstances:

·
death benefits computed on the basis of Contract Value;
 
·
withdrawals taken under the 10% free withdrawal provision
 
·
withdrawals necessary to satisfy the required minimum distribution of the Internal Revenue Code;
 
·
withdrawals under our extended care benefit.  For more information, please see “Waiver of Withdrawal and Recapture Charges for Extended Care” beginning on page 51.

You currently may not elect any Contract Enhancement endorsement with the Capital Protection Program.

Capital Protection Program.  If you select our Capital Protection program at issue, we will allocate enough of your Premium to the Fixed Account you select to assure that the amount so allocated will equal at the end of a selected period of 1, 3, 5, or 7 years, your total original Premium paid. You may allocate the rest of your Premium to any Investment Division(s).  If any part of the Fixed Account value is surrendered or transferred before the end of the selected guarantee period, the value at the end of that period will not equal the original Premium. This program is available only if Fixed Account options are available.  There is no charge for the Capital Protection Program.  You should consult your Jackson of NY representative with respect to the current availability of 3, 5, 7 year Fixed Account options and the availability of the Capital Protection program.

Currently, the Capital Protection Program is not available if you elect a Contract Enhancement endorsement.

For an example of capital protection, assume you made a Premium payment of $10,000 when the interest rate for the three-year guaranteed period was 3% per year.  We would allocate $9,152 to that guarantee period because $9,152 would increase at that interest rate to $10,000 after three years, assuming no withdrawals are taken.  The remaining $848 of the payment would be allocated to the Investment Division(s) you selected.
 
 
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Alternatively, assume Jackson of NY receives a Premium payment of $10,000 when the interest rate for the 7-year period is 6.75% per year.  Jackson of NY will allocate $6,331 to that guarantee period because $6,331 will increase at that interest rate to $10,000 after 7 years.  The remaining $3,669 of the payment will be allocated to the Investment Division(s) you selected.

Thus, as these examples demonstrate, the shorter guarantee periods require allocation of substantially all of your Premium to achieve the intended result.  In each case, the results will depend on the interest rate declared for the guaranteed period.

Accumulation Units. Your Contract Value allocated to the Investment Divisions will go up or down depending on the performance of the Investment Divisions you select.  In order to keep track of the value of your Contract during the accumulation phase, we use a unit of measure called an “Accumulation Unit.”  During the income phase we use a measure called an “Annuity Unit.”
Every Business Day, we determine the value of an Accumulation Unit for each of the Investment Divisions by:

·
determining the total amount of assets held in the particular Investment Division;
 
·
subtracting any asset-based charges and taxes chargeable under the Contract; and
 
·
dividing this amount by the number of outstanding Accumulation Units.

Charges deducted through the cancellation of units are not reflected in the computation.

The value of an Accumulation Unit may go up or down from day to day.  The base Contract has a different Accumulation Unit Value than each combination of optional endorsements an Owner may elect, based on the differing amount of charges applied in calculating that Accumulation Unit Value.

When you make a Premium payment, we credit your Contract with Accumulation Units.  The number of Accumulation Units we credit is determined at the close of that Business Day by dividing the amount of the Premium allocated to any Investment Division by the value of the Accumulation Unit for that Investment Division that reflects the combination of optional endorsements you have elected and their respective charges.

TRANSFERS AND FREQUENT TRANSFER RESTRICTIONS

You may transfer your Contract Value between and among the Investment Divisions at any time, unless transfers are subject to other limitations, but transfers between the Fixed Account and an Investment Division must occur prior to the Income Date.

You can make 15 transfers every Contract Year during the accumulation phase without charge.

A transfer will be effective as of the end of the Business Day when we receive your transfer request in Good Order, and we will disclaim all liability for transfers made based on your transfer instructions, or the instructions of a third party authorized to submit transfer requests on your behalf.

Transfers from the Fixed Account generally will be subject to any applicable Interest Rate Adjustment.

Potential Limits and Conditions on Fixed Account Transfers. There may be periods when we do not offer any Fixed Account.  We can prohibit or impose limitations or other requirements on transfers to or from the Fixed Account, as permitted by applicable law. Currently, for Contracts with an optional Contract Enhancement, transfers are not permitted to a Fixed Account Option during the first eight Contract Years (six Contract Years for the 2% Contract Enhancement).  This restriction may be modified, eliminated, or otherwise revised, at which time we will provide you with written notice of the changes.

We also specifically reserve the right to impose the limitations and conditions set forth in 1-4 below with respect to the one-year Fixed Account Option.  Although we are not imposing these restrictions as of the date of this prospectus, if we do decide to impose them, they could provide as follows with respect to both new and already outstanding Contracts:

1.  During any Contract Year, the aggregate dollar amount of all transfers from the one-year Fixed Account Option (including transfers at the end of the one-year period) could not exceed whichever of the following three maximums apply to you for that year:

·     
Maximum transfers during the first Contract Year in which you have Contract Value in the one-year Fixed Account Option subject to these restrictions: 1/3 of your Contract Value in the one-year Fixed Account Option as of the most recent Contract Anniversary;
·     
Maximum transfers during any subsequent Contract Year, if you had Contract Value subject to these restrictions during the preceding Contract year:
 
 
47

 
 
i.   
1/3 of your Contract Value in the one-year Fixed Account Option as of the most recent Contract Anniversary if you did not make a 1/3 transfer in the preceding year as mentioned above or
ii.   
1/2 of your Contract Value in the one-year Fixed Account Option as of the most recent Contract Anniversary if you did make such a 1/3 transfer in the preceding year; or
·     
Maximum transfers during  any Contract Year, if you had Contract Value subject to these restrictions during both of the preceding two Contract Years and, in those years, you made the 1/3 maximum transfer in the first year and 1/2 maximum transfer in the second year as mentioned above: all of your remaining Contract Value in the one-year Fixed Account Option.

2.  We could require that any transfer from the one-year Fixed Account Option in a Contract Year occur at least twelve months after the most recent such transfer in the previous Contract Year.

3.  We could restrict or prohibit your transfers into or allocations of any additional Premiums to the one-year Fixed Account Option in any Contract Year in which you make a transfer from the one-year Fixed Account Option.

4.  We could restrict or prohibit your transfers from the one-year Fixed Account Option in any Contract Year in which you make a transfer into or allocate any additional Premiums to the one-year Fixed Account Option.

We may impose restrictions 1-4 separately or in combination but we expect that they would be imposed as a group, so that you would be subject to all of these restrictions if you are subject to any of them.

Certain systematic investment programs could be excluded from the restrictions listed in 1-4 above, such that transfers under those programs would not count against the maximum amounts that may be transferred out of the one-year Fixed Account Option and the Contract Value under such programs would be excluded from the computation of such maximum amounts.

We also could permit or require that a systematic transfer program be used to make transfers from any Fixed Account Options. For example, you could be permitted to have the three transfers that are referred to in restriction 1 above automated through a systematic transfer out (“STO”) on each of your next three Contract Anniversaries.  The amount automatically transferred on each of such three Contract Anniversaries would be the maximum amount that would be permitted to be transferred on that date under restriction 1, such that following the automatic STO transfer on the third such Contract Anniversary you would no longer have any Contract Value in the one-year Fixed Account Option.  If we establish such an STO for you, however, we would (pursuant to restrictions 3 and 4 above) prohibit you from making any other transfer from, or any Premium payments or transfers into, the one-year Fixed Account Option during any Contract Year in which an automatic STO transfer is made for you.  Also (pursuant to restriction 2 above) you could elect such an STO only if (i) at least twelve calendar months have passed since your last STO program (if any) had ended and (ii) during the Contract Year in which you make the election, you have not made any transfers from, or any Premium payments or transfers into the one-year Fixed Account Option (unless you made the transfer or Premium payment before the time we had instituted restrictions 1-4). Transfers pursuant to any STO would not count toward your 15 free transfer limit.

If we require you to commence an STO at a time when, due to any of the foregoing restrictions, you would not be eligible to elect such a program, the three annual STO transfers will be delayed.  In that case, the first such STO transfer would occur on the first Contract Anniversary after you are eligible to elect an STO.

If we impose the restrictions described in 1-4 above, we would provide you prompt written notice of that fact, as well as any requirement or option to commence an STO.  In that case, the restrictions would be effective immediately and we would not expect to provide you with an opportunity to make transfers from the one-year Fixed Account Option, other than in compliance with and subject to the limitations in such restrictions.  Accordingly, you should consider whether you are willing to be subject to those limitations before you allocate any Premiums or transfers to the one-year Fixed Account Option.

We also may restrict your participation in any systematic investment program if you allocate any amounts to a Fixed Account Option.

Restrictions on Transfers: Market Timing.  The Contract is not designed for frequent transfers by anyone.  Frequent transfers between and among Investment Divisions may disrupt the underlying Funds and could negatively impact performance, by interfering with efficient management and reducing long-term returns, and increasing administrative costs. Frequent transfers may also dilute the value of shares of an underlying Fund.  Neither the Contracts nor the underlying Funds are meant to promote any active trading strategy, like market timing.  Allowing frequent transfers by one or some Owners could be at the expense of other Owners of the Contract.  To protect Owners and the underlying Funds, we have policies and procedures to deter frequent transfers between and among the Investment Divisions.

Under these policies and procedures, there is a $25 charge per transfer after 15 in a Contract Year, and no round trip transfers are allowed within 15 calendar days.  Also, we could restrict your ability to make transfers to or from one or more of the Investment Divisions, which possible restrictions may include, but are not limited to:
 
 
48

 

·
limiting the number of transfers over a period of time;
 
·
requiring a minimum time period between each transfer;
 
·
limiting transfer requests from an agent acting on behalf of one or more Owners or under a power of attorney on behalf of one or more Owners; or
 
·
limiting the dollar amount that you may transfer at any one time.

To the extent permitted by applicable law, we reserve the right to restrict the number of transfers per year that you can request and to restrict you from making transfers on consecutive Business Days.  In addition, your right to make transfers between and among Investment Divisions may be modified if we determine that the exercise by one or more Owners is, or would be, to the disadvantage of other Owners.

We continuously monitor transfers under the Contract for disruptive activity based on frequency, pattern and size.  We will more closely monitor Contracts with disruptive activity, placing them on a watch list, and if the disruptive activity continues, we will restrict the availability of electronic or telephonic means to make a transfer, instead requiring that transfer instructions be mailed through regular U.S. postal service, and/or terminate the ability to make transfers completely, as necessary.  If we terminate your ability to make transfers, you may need to make a partial withdrawal to access the Contract Value in the Investment Division(s) from which you sought a transfer.  We will notify you and your representative in writing within five days of placing the Contract on a watch list.

Regarding round trip transfers, we will allow redemptions from an Investment Division; however, once a complete or partial redemption has been made from an Investment Division through an Investment Division transfer, you will not be permitted to transfer any value back into that Investment Division within 15 calendar days of the redemption.  We will treat as short-term trading activity any transfer that is requested into an Investment Division that was previously redeemed within the previous 15 calendar days, whether the transfer was requested by you or a third party.

Our policies and procedures do not apply to the money market Investment Division, the Fixed Account, Dollar Cost Averaging, Earnings Sweep or the Automatic Rebalancing program.  We may also make exceptions that involve an administrative error, or a personal unanticipated financial emergency of an Owner resulting from an identified health, employment, or other financial or personal event that makes the existing allocation imprudent or a hardship.  These limited exceptions will be granted by an oversight team pursuant to procedures designed to result in their consistent application.  Please contact our Annuity Service Center if you believe your transfer request entails a financial emergency.

Otherwise, we do not exempt any person or class of persons from our policies and procedures.  We have agreements allowing for asset allocation and investment advisory services that are not only subject to our policies and procedures, but also to additional conditions and limitations, intended to limit the potential adverse impact of these activities on other Owners of the Contract.  We expect to apply our policies and procedures uniformly, but because detection and deterrence involves judgments that are inherently subjective, we cannot guarantee that we will detect and deter every Contract engaging in frequent transfers every time.  If these policies and procedures are ineffective, the adverse consequences described above could occur.  We also expect to apply our policies and procedures in a manner reasonably designed to prevent transfers that we consider to be to the disadvantage of other Owners, and we may take whatever action we deem appropriate, without prior notice, to comply with or take advantage of any state or federal regulatory requirement.

TELEPHONE AND INTERNET TRANSACTIONS

The Basics. You can request certain transactions by telephone or at www.jackson.com, our Internet website, subject to our right to terminate electronic or telephone transfer privileges, as described above.  Our Annuity Service Center representatives are available during business hours to provide you with information about your account.  We require that you provide proper identification before performing transactions over the telephone or through our Internet website.  For Internet transactions, this will include a Personal Identification Number (PIN).  You may establish or change your PIN at www.jackson.com.

What You Can Do and How.  You may make transfers by telephone or through the Internet unless you elect not to have this privilege.  Any authorization you provide to us in an application, at our website, or through other means will authorize us to accept transaction instructions, including Investment Division transfers/allocations, by you and your financial representative unless you notify us to the contrary.  To notify us, please call us at the Annuity Service Center.  Our contact information is on the cover page of this prospectus and the number is referenced in your Contract or on your quarterly statement.

What You Can Do and When.  When authorizing a transfer, you must complete your telephone call by the close of the New York Stock Exchange (usually 4:00 p.m. Eastern time) in order to receive that day's Accumulation Unit Value for an Investment Division.
 
 
49

 

Transfer instructions you send electronically are considered to be received by us at the time and date stated on the electronic acknowledgement we return to you.  If the time and date indicated on the acknowledgement is before the close of the New York Stock Exchange, the instructions will be carried out that day.  Otherwise the instructions will be carried out the next Business Day.  We will retain permanent records of all web-based transactions by confirmation number.  If you do not receive an electronic acknowledgement, you should telephone our Annuity Service Center immediately.

How to Cancel a Transaction.  You may only cancel an earlier telephonic or electronic transfer requests made on the same day by calling the Annuity Service Center before the New York Stock Exchange closes.  Otherwise, your cancellation instruction will not be allowed because of the round trip transfer restriction.

Our Procedures. Our procedures are designed to provide reasonable assurance that telephone or any other electronic authorizations are genuine.  Our procedures include requesting identifying information and tape-recording telephone communications, and other specific details.  We and our affiliates disclaim all liability for any claim, loss or expense resulting from any alleged error or mistake in connection with a transaction requested by telephone or other electronic means that you did not authorize.  However, if we fail to employ reasonable procedures to ensure that all requested transactions are properly authorized, we may be held liable for such losses.

We do not guarantee access to telephonic and electronic information or that we will be able to accept transaction instructions via the telephone or electronic means at all times.  We also reserve the right to modify, limit, restrict or discontinue at any time and without notice the acceptance of instruction from someone other than you and/or this telephonic and electronic transaction privilege.  Elections of any optional benefit or program must be in writing and will be effective upon receipt of the request in Good Order.

Upon notification of the Owner's death, any telephone transfer authorization, other than by the surviving joint Owners, designated by the Owner ceases and we will not allow such transactions unless the executor/representative provides written authorization for a person or persons to act on the executor's/representative's behalf.

ACCESS TO YOUR MONEY

You can have access to the money in your Contract:

·
by making either a partial or complete withdrawal;
 
·
by electing the Systematic Withdrawal Program;
 
·
by electing a Guaranteed Minimum Withdrawal Benefit; or
 
·
by electing to receive income payments.

Your Beneficiary can have access to the money in your Contract when a death benefit is paid.

Withdrawals under the Contract may be subject to a withdrawal charge.  For purposes of the withdrawal charge, we treat withdrawals as coming first from earnings and then from the oldest Remaining Premium.  When you make a complete withdrawal you will receive the value of your Contract as of the end of the Business Day your request is received by us in Good Order, minus any applicable Premium tax, the annual contract maintenance charges, charges due under any optional endorsement and all applicable withdrawal charges, adjusted for any applicable Interest Rate Adjustment.  For more information about withdrawal charges, please see “Withdrawal Charge” beginning on page 31.   We will pay the withdrawal proceeds within seven days of a request in Good Order. If a Purchase Payment made by personal check or electronic draft is received within the five days preceding a withdrawal request, we may delay payment of the withdrawal proceeds up to seven days after the date of the request, to ensure the check or electronic draft is not returned due to insufficient funds.

Your withdrawal request must be in writing.  We will accept withdrawal requests submitted via facsimile.  There are risks associated with not requiring original signatures in order to disburse the money.  To minimize the risks, the proceeds will be sent to your last recorded address in our records, so be sure to notify us, in writing, with an original signature, of any address change.  We do not assume responsibility for improper disbursement if you have failed to provide us with the current address to which the proceeds should be sent.

Except in connection with the Systematic Withdrawal Program, you must withdraw at least $500 or, if less, the entire amount in the Fixed Account or Investment Division from which you are making the withdrawal.  If you are not specific, your withdrawal will be taken from your allocations to the Fixed Account and Investment Divisions based on the proportion their respective values bear to the Contract Value.  With the Systematic Withdrawal Program, you may withdraw a specified dollar amount (of at least $50 per withdrawal) or a specified percentage.  A withdrawal request that would reduce the remaining Contract Value to less than $100 will be
 
 
50

 
 
treated as a request for a complete withdrawal.  After your withdrawal, at least $100 must remain in each Fixed Account or Investment Division from which the withdrawal was taken.

If you have an investment adviser who, for a fee, manages your Contract Value, you may authorize payment of the fee from the Contract by requesting a partial withdrawal.  There are conditions and limitations, so please contact our Annuity Service Center for more information.  Our contact information is on the cover page of this prospectus.  We neither endorse any investment advisers, nor make any representations as to their qualifications.  The fee for this service would be covered in a separate agreement between the two of you, and would be in addition to the fees and expenses described in this prospectus.

Income taxes, tax penalties and certain restrictions may apply to any withdrawal you make.  There are limitations on withdrawals from qualified plans.  For more information, please see “TAXES” beginning on page 123.

Waiver of Withdrawal and Recapture Charges for Extended Care. We will waive the withdrawal charges and recapture charges (but not any Interest Rate Adjustment) that would otherwise apply in certain circumstances by providing you, at no charge, an Extended Care Benefit, on amounts of up to $250,000 from the Fixed Account and Investment Divisions that you withdraw after providing us with a physician's statement that you have been confined to a nursing home or hospital for 90 consecutive days, beginning at least 30 days after your Contract was issued.  You may exercise this benefit once under your Contract.

Optional Four-Year Withdrawal Charge Period. If you are 85 years of age or younger, you may elect an endorsement to your Contract that substitutes for the Contract's usual seven-year withdrawal period a four-year withdrawal period with withdrawal charges in contribution years one through four of 6.5%, 5%, 3%, and 2%, respectively, and 0% thereafter.  The charge for this optional feature on an annualized basis is 0.40% of average daily net asset value of your allocations to the Investment Divisions.

The charge for the Four-year Withdrawal Charge Period option continues for the first four Contract Years.  The potential benefits of this option normally will persist for no more than four to six years, depending on performance (the greater the performance the less the benefit) and payment patterns (large subsequent payments in relation to the initial payment make the benefits persist for a longer time than for a Contract where only the initial payment is made). Under this benefit you may only make Premium payments in Contract Year 1.  In the process of evaluating this option, please weigh the benefit of the added liquidity that this benefit provides against the negative impact that its charge will have on your Accumulation Value and the restriction it places on your ability to subsequently contribute Premium.

Guaranteed Minimum Withdrawal Benefit Considerations. Most people who are managing their investments to provide retirement income want to provide themselves with sufficient lifetime income and also to provide for an inheritance for their Beneficiaries.  The main obstacles they face in meeting these goals are the uncertainties as to (i) how much income their investments will produce, and (ii) how long they will live and will need to draw income from their investments. A Guaranteed Minimum Withdrawal Benefit (GMWB) is designed to help reduce these uncertainties.

A GMWB is intended to address those concerns but does not provide any guarantee the income will be sufficient to cover any individual's particular needs.  Moreover, the GMWB does not assure that you will receive any return on your investments.  The GMWB also does not protect against loss of purchasing power of assets covered by a GMWB due to inflation.  Even relatively low levels of inflation may have a significant effect on purchasing power if not offset by stronger positive investment returns.  The step-up feature on certain of the GMWBs may provide protection against inflation when there are strong investment returns that coincide with the availability of effecting a step-up.  However, strong investment performance will only help the GMWB guard against inflation if the endorsement includes a step-up feature.

Payments under the GMWB will first be made from your Contract Value.  Our obligations to pay you more than your Contract Value will only arise under limited circumstances.  Thus, in considering the election of any GMWB you need to consider whether the value to you of the level of protection that is provided by a GMWB and its costs, which reduce Contract Value and offset our risks, are consistent with your level of concern and the minimum level of assets that you want to be sure are guaranteed.

The Joint For Life GMWB with Bonus and Step-Up and Joint For Life GMWB with Bonus, Annual Step-Up and Earnings-Sensitive Withdrawal Amount endorsements are available only to spouses and differ from the For Life GMWB with Bonus and Step-Up without the Joint Option and For Life GMWB with Bonus, Annual Step-Up and Earnings-Sensitive Withdrawal Amount without the Joint Option endorsements (which are available to spouses and unrelated parties) and enjoy the following advantages:
 
 
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If the Contract Value falls to zero, benefit payments under the endorsement will continue until the death of the last surviving Covered Life if the For Life Guarantee is effective.  (For more information about the For Life Guarantee and for information on who is a Covered Life under this form of GMWB, please see the “LifeGuard Freedom Flex GMWB With Joint Option” subsection beginning on page 100 and the For Life GMWB with Bonus, Annual Step-Up and Earnings-Sensitive Withdrawal Amount with the Joint Option subsection beginning on page 76.)
 
If an Owner dies before the automatic payment of benefits begins, the surviving Covered Life may continue the Contract and the For Life Guarantee is not automatically terminated (as it is on the For Life GMWBs without the Joint Option).

The Joint For Life GMWBs have a higher charge than the respective For Life GMWBs without the Joint Option.

Additionally, the timing and amounts of withdrawals under a GMWB have a significant impact on the amount and duration of benefits.  The cumulative cost of a GMWB also is greater the longer the duration of ownership.  The closer you are to retirement the more reliably you may be able to forecast your needs to make withdrawals prior to the ages where the amounts of certain benefits (such as a For Life Guarantee (59 1/2) and a GWB Adjustment (70)) are locked-in.  Conversely, forecasts at younger ages may prove less reliable.  You should undertake careful consideration and thorough consultation with your representative or retirement planning agent as to the financial resources and age of the Owner/Annuitant and the value to you of the potentially limited downside protection that a GMWB might provide.

Guaranteed Minimum Withdrawal Benefit Important Special Considerations. Each of the GMWBs provides that the GMWB and all benefits thereunder will terminate on the Income Date, which is the date when annuity payments begin.  The Income Date is either a date that you choose or the Latest Income Date.  The Latest Income Date is the Contract Anniversary on or next following the Owner's 95th birthday under a non-qualified Contract, or such earlier date as required by the applicable qualified plan, law or regulation.  (For more information, please see “INCOME PAYMENTS (THE INCOME PHASE)” beginning on page 117.

Before (1) electing a GMWB, (2) electing to annuitize your Contract after having purchased a GMWB, or (3) when the Latest Income Date is approaching and you are thinking about electing or have elected a GMWB, you should consider whether the termination of all benefits under the GMWB and annuitizing produces the better financial results for you.  Naturally, you should discuss with your Jackson of NY representative whether a GMWB is even suitable for you.  Consultation with your financial and tax advisor is also recommended.

These considerations are of greater significance if you are thinking about electing or have elected a GMWB For Life, as the For Life payments will cease when you annuitize voluntarily or on the Latest Income Date.  Although each of the For Life GMWBs contain an annuitization option that may allow the equivalent of For Life payments when you annuitize on the Latest Income Date, all benefits under a GMWB For Life (and under the other GMWBs) will terminate when you annuitize.  In addition, with regard to required minimum distributions (RMDs) under an IRA only, it is important to consult your financial and tax advisor to determine whether the benefits of a particular GMWB will satisfy your RMD requirements or whether there are other IRA holdings that can satisfy the aggregate RMD requirements.  With regard to other qualified plans, you must determine what your qualified plan permits.  Distributions under qualified plans and Tax-Sheltered Annuities must begin by the later of the calendar year in which you attain age 70 1/2 or the calendar year in which you retire.  You do not necessarily have to annuitize your Contract to meet the minimum distribution.

Please note that withdrawals in excess of certain limits may have a significantly negative impact on the value of your GMWB through prematurely reducing the benefit's Guaranteed Withdrawal Balance (GWB) and Guaranteed Annual Withdrawal Amount (GAWA) and, therefore, cause your GMWB to prematurely terminate.  Please see “Election” and “Withdrawals” under each GMWB for more information about the GWB and GAWA.  Please see the explanations of withdrawals under each of the following GMWB descriptions for more information concerning the effect of excess withdrawals.

Required Minimum Distributions under Certain Tax Qualified Plans (“RMDs”). The following RMD NOTES contain important information about withdrawals of RMDs from a Contract with a GMWB.  However, for the MarketGuard Stretch GMWB, please refer to the Stretch RMD Notes on page 114.  For certain tax-qualified Contracts, GMWBs allow withdrawals greater than the Guaranteed Annual Withdrawal Amount (GAWA) to meet a Contract’s RMD without compromising the guarantees. The RMD NOTES describe conditions, limitations and special situations related to withdrawals involving a RMD.

 
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RMD NOTES:  Notice of an RMD is required at the time of your withdrawal request, and there is an administrative form for such notice.  The administrative form allows for one time or systematic withdrawals.  Eligible withdrawals that are specified as RMDs may only be taken based on the value of the Contract to which the endorsement applies, even where the Internal Revenue Code allows for the taking of RMDs for multiple contracts from a single contract.  You, as Owner, are responsible for complying with the Internal Revenue Code's RMD requirements.  If your requested RMD exceeds our calculation of the RMD for your Contract, your request will not be eligible for the waiver of any applicable charges (i.e., withdrawal charges and recapture charges) and we will impose those charges, which will be reflected in the confirmation of the transaction.  An RMD exceeding our calculation may also result in an Excess Withdrawal for purposes of your GMWB.  For information regarding the RMD calculation for your Contract, please contact our Annuity Service Center.  Our contact information is on the cover page of this prospectus.
 
Under the Internal Revenue Code, RMDs are calculated and taken on a calendar year basis.  But with a GMWB, the GAWA is based on Contract Years.  Because the intervals for the GAWA and RMDs are different, the endorsement's guarantees may be more susceptible to being compromised.  With tax-qualified Contracts, if the sum of your total partial withdrawals in a Contract Year exceed the greatest of the RMD for each of the two calendar years occurring in that Contract Year and the GAWA for that Contract Year, then the GWB and GAWA could be adversely recalculated, as described above.  (If your Contract Year is the same as the calendar year, then the sum of your total partial withdrawals should not exceed the greater of the RMD and the GAWA.)  Below is an example of how this modified limit would apply.
 
Assume a tax-qualified Contract with a Contract Year that runs from July 1 to June 30, and that there are no withdrawals other than as described.  The GAWA for the 2014 Contract Year (ending June 30) is $10.  The RMDs for calendar years 2013 and 2014 are $14 and $16, respectively.
 
If the Owner takes $7 in each of the two halves of calendar year 2013 and $8 in each of the two halves of calendar year 2014 , then at the time the withdrawal in the first half of calendar year 2014 is taken, the Owner will have withdrawn $15.  Because the sum of the Owner's withdrawals for the 2014 Contract Year is less than the higher RMD for either of the two calendar years occurring in that Contract Year, the GWB and GAWA would not be adversely recalculated.
 
An exception to this general rule permits that with the calendar year in which your RMDs are to begin (generally, when you reach age 70 1/2), you may take your RMDs for the current and next calendar years during the same Contract Year, as necessary (see example below).
 
The following example illustrates this exception.  It assumes an individual Owner, born January 1, 1943 , of a tax-qualified Contract with a Contract Year that runs from July 1 to June 30.
 
If the Owner delays taking his first RMD (the 2013 RMD) until March 30, 2014 , he may still take the 2014 RMD before the next Contract Year begins, June 30, 2014 without exposing the GWB and GAWA to the possibility of adverse recalculation.  However, if he takes his second RMD (the 2014 RMD) after June 30, 2014 , he should wait until the next Contract Year begins (that is after June 30, 2015 ) to take his third RMD (the 2015 RMD).  Because, except for the calendar year in which RMDs begin, taking two RMDs in a single Contract Year could cause the GWB and GAWA to be adversely recalculated (if the two RMDs exceeded the applicable GAWA for that Contract Year).
 
Examples that are relevant or specific to tax-qualified Contracts in varying circumstances and with specific factual assumption, are at the end of the prospectus in Appendix D, specifically examples 4, 5, and 7 under sections “I.  SafeGuard Max,” “II.  AutoGuard 5, AutoGuard 6,” “III.  Jackson Select Protector,” and “VI.  MarketGuard Stretch,” or examples 6, 7, and 9 under sections “IV.  LifeGuard Freedom 6 Net” and “V.  LifeGuard Freedom Flex” .  Please consult the representative who is helping, or who helped, you purchase your tax-qualified Contract, and your tax adviser, to be sure that a particular GMWB ultimately suits your needs relative to your RMD.

In addition, with regard to required minimum distributions (RMDs) under an IRA only, it is important to consult your financial and tax advisor to determine whether the benefits of a particular GMWB will satisfy your RMD requirements or whether there are other IRA holdings that can satisfy the aggregate RMD requirements.  With regard to other qualified plans, you must determine what your qualified plan permits.  Distributions under qualified plans and Tax-Sheltered Annuities must begin by the later of the calendar year in which you attain age 70 1/2 or the calendar year in which you retire.  You do not necessarily have to annuitize your Contract to meet the minimum distribution requirements.


 
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Guaranteed Minimum Withdrawal Benefit With 5-Year Step-Up (“SafeGuard Max”). The following description of this GMWB is supplemented by the examples in Appendix D under section “I.  SafeGuard Max”, particularly example 2 for the varying benefit percentage and examples 6 and 7 for the step-ups.

PLEASE NOTE:  EFFECTIVE APRIL 29, 2013, THIS ENDORSEMENT IS CURRENTLY NO LONGER AVAILABLE TO ADD TO A CONTRACT.

This GMWB guarantees partial withdrawals during the Contract's accumulation phase (i.e., before the Income Date) until the earlier of:

The Owner's (or any joint Owner's) death;
 
Or
 
   
Until all withdrawals under the Contract equal the Guaranteed Withdrawal Balance (GWB), without regard to Contract Value.
 
   
The GWB is the guaranteed amount available for future periodic withdrawals.
 
PLEASE NOTE:  The guarantees of this GMWB are subject to the endorsement's terms, conditions, and limitations that are explained below.

Please consult the representative who is helping, or who helped, you purchase your Contract to be sure that this GMWB ultimately suits your needs.

This GMWB is available to Owners up to 85 years old (proof of age is required); may be added to a Contract on the Issue Date or on any Contract Anniversary (subject to availability); and once added cannot be canceled.  If you want to elect this GMWB after the Contract Issue Date on a Contract Anniversary (subject to availability), we must receive a request in Good Order within 30 calendar days prior the Contract Anniversary.  We allow ownership changes of a Contract with this GMWB when the Owner is a legal entity – to another legal entity or the Annuitant.  In certain circumstances, we may permit the elimination of a joint Owner in the event of divorce.  Otherwise, ownership changes are not allowed.  When the Owner is a legal entity, changing Annuitants is not allowed.  Availability of this GMWB may be subject to further limitation.

There is a limit on withdrawals each Contract Year to keep the guarantees of this GMWB in full effect – the greater of the Guaranteed Annual Withdrawal Amount (GAWA) and for certain tax-qualified Contracts, the required minimum distribution (RMD) under the Internal Revenue Code.  Withdrawals exceeding the limit cause the GWB and GAWA to be recalculated.  Please see “Election” and “Withdrawals” below for more information about the GWB and GAWA.

Election.  The GWB depends on when this GMWB is added to the Contract, and the GAWA derives from the GWB.

When this GMWB is added to the Contract on the Issue Date
The GWB equals initial Premium net of any applicable Premium taxes.
 
The GAWA is determined based on the Owner's attained age at the time of first withdrawal and equals the GAWA percentage multiplied by the GWB prior to the partial withdrawal.  See the GAWA percentage table below.


When this GMWB is added to the Contract on any Contract Anniversary, as subject to availability
The GWB equals Contract Value less the recapture charge on any Contract Enhancement.
The GAWA is determined based on the Owner's attained age at the time of first withdrawal and equals the GAWA percentage multiplied by the GWB prior to the partial withdrawal.  See the GAWA percentage table below.

Contract Enhancements and the corresponding recapture charges are not included in the calculation of the GWB when this GMWB is added to the Contract on the Issue Date.  This is why Premium (net of any applicable Premium taxes) is used to calculate the GWB when this GMWB is added to the Contract on the Issue Date.  If you instead added this GMWB to your Contract post issue on a Contract Anniversary (subject to availability), the GWB was calculated based on Contract Value, which included any previously applied Contract Enhancements, and, as a result, we subtracted any applicable recapture charge from the Contract Value to calculate the GWB.  In any event, with Contract Enhancements, the result is a GWB that is less than Contract Value when this GMWB is added
 
 
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to the Contract.  (See Example 1 in Appendix D under section “I.  SafeGuard Max”.)  The GWB can never be more than $5 million (including upon step-up), and the GWB is reduced by each withdrawal.

PLEASE NOTE:  Upon the Owner's death, this GMWB might be continued by a spousal Beneficiary.  Please see the “Spousal Continuation” subsection below for more information.

Withdrawals.  The GAWA percentage and the GAWA are determined at the time of the first withdrawal.  Once the GAWA percentage is determined, it will not change.  The GAWA is equal to the GAWA percentage multiplied by the GWB prior to the partial withdrawal.  The GAWA percentage varies according to age group and is determined based on the Owner's attained age at the time of the first withdrawal.  If there are joint Owners, the GAWA percentage is based on the attained age of the oldest joint Owner.  (In the examples in Appendix D and elsewhere in this prospectus we refer to this varying GAWA percentage structure as the “varying benefit percentage”.)  The GAWA percentage for each age group is:

Ages
GAWA Percentage
0 – 74
7%
75 – 79
8%
80 – 84
9%
85+
10%

We reserve the right to prospectively change the GAWA percentages, including the age bands, on new GMWB endorsements. We recommend you check with your representative to learn about the current level of the GAWA percentages, or contact us at the Annuity Service Center for more information.  Our contact information is on the first page of the prospectus. If we change the GAWA percentages described above, we will follow these procedures:
1) 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 prospectus update 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 127).
2) 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 prospectus update. 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.
In each case, the actual GAWA percentages will be reflected in your Contract endorsement.

Withdrawals cause the GWB to be recalculated.  Withdrawals may also cause the GAWA to be recalculated, depending on whether or not the withdrawal, plus all prior withdrawals in the current Contract Year, is less than or equal to the GAWA, or for certain tax-qualified Contracts only, the RMD (if greater than the GAWA).  If the GWB falls below the GAWA at the end of a Contract Year, the GAWA will be reset to equal the GWB.  This may occur, when over time, payment of guaranteed withdrawals is nearly complete and the GWB has been depleted.   The tables below clarify what happens in each instance.  (RMD denotes the required minimum distribution under the Internal Revenue Code for certain tax-qualified Contracts only.  There is no RMD for non-qualified Contracts.)

For certain tax-qualified Contracts, this GMWB allows withdrawals greater than GAWA to meet the Contract's RMD without compromising the endorsement's guarantees.  Examples 4, 5 and 7 in Appendix D under section “I.  SafeGuard Max” supplement this description. Because the intervals for the GAWA and RMDs are different, namely Contract Years versus calendar years, and because RMDs are subject to other conditions and limitations, if your Contract is a tax-qualified Contract, then please see “RMD NOTES” under “Guaranteed Minimum Withdrawal Benefit Important Special Considerations” on page 52, for more information.

When a withdrawal, plus all prior withdrawals in the current Contract Year, is less than or equal to the greater of the GAWA or RMD, as applicable
The GWB is recalculated, equaling the greater of:
 
The GWB before the withdrawal less the withdrawal; Or
 
Zero.
 
The GAWA is unchanged.  At the end of each Contract Year, if the GWB is less than the GAWA, the GAWA is set equal to the GWB.

You may withdraw the greater of the GAWA or RMD, as applicable, all at once or throughout the Contract Year.  Withdrawing less than the greater of the GAWA or RMD, as applicable, in a Contract Year does not entitle you to withdraw more than the greater of the GAWA or RMD, as applicable, in the next Contract Year.  The amount you may withdraw each Contract Year and not cause the GWB and GAWA to be recalculated does not accumulate.

Withdrawing more than the greater of the GAWA or RMD, as applicable, in a Contract Year causes the GWB and GAWA to be recalculated (see below and Example 5 in Appendix D under section “I.  SafeGuard Max”).  In recalculating the GWB, the GWB could be reduced by more than the withdrawal amount.  The GAWA is also likely to be reduced.  Therefore, please note that
 
 
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withdrawing more than the greater of the GAWA or RMD, as applicable, in a Contract Year may have a significantly negative impact on the value of this benefit and may lead to its premature termination.

When a withdrawal, plus all prior withdrawals in the current Contract Year, exceeds the greater of the GAWA or RMD, as applicable
The GWB is recalculated, equaling the greater of:
 
 
The GWB prior to the partial withdrawal, first reduced dollar-for-dollar for any portion of the partial withdrawal not defined as an Excess Withdrawal (see below), then reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal; Or
 
 
Zero.
 
 
   
The GAWA prior to the partial withdrawal reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal.

The Excess Withdrawal is defined to be the lesser of:

The total amount of the current partial withdrawal, Or
 
The amount by which the cumulative partial withdrawals for the current Contract Year exceeds the greater of the GAWA or the RMD, as applicable.

Withdrawals under this GMWB are assumed to be the total amount deducted from the Contract Value, including any withdrawal charges, recapture charges and other charges or adjustments.  Any withdrawals from Contract Value allocated to a Fixed Account Option may be subject to an Interest Rate Adjustment.  For more information, please see “THE FIXED ACCOUNT” beginning on page 13.  Withdrawals may be subject to a recapture charge on any Contract Enhancement.  Withdrawals in excess of free withdrawals may be subject to a withdrawal charge.

Withdrawals under this GMWB are considered the same as any other partial withdrawals for the purposes of calculating any other values under the Contract and any other endorsements (for example, the Contract's death benefit).  All withdrawals count toward the total amount withdrawn in a Contract Year, including systematic withdrawals, RMDs for certain tax-qualified Contracts, withdrawals of asset allocation and advisory fees, and free withdrawals under the Contract.  They are subject to the same restrictions and processing rules as described in the Contract.  They are also treated the same for federal income tax purposes.  For more information about tax-qualified and non-qualified Contracts, please see “TAXES” beginning on page 123.
 
If the age of any Owner is incorrectly stated at the time of election of the GMWB, on the date the misstatement is discovered, the GWB and the GAWA will be recalculated based on the GAWA percentage applicable at the correct age.  Any future GAWA percentage recalculation will be based on the correct age.

Withdrawals made under section 72(t) or section 72(q) of the Code are not considered RMDs for purposes of preserving the guarantees under this GMWB.  Such withdrawals that exceed the GAWA will have the same effect as any withdrawal or excess withdrawal as described above and, consistent with that description, may cause a significant negative impact to your benefit.

Premiums.

With each subsequent Premium payment on the Contract
The GWB is recalculated, increasing by the amount of the Premium net of any applicable Premium taxes.
 
If the Premium payment is received after the first withdrawal, the GAWA is also recalculated, increasing by:
 
 
The GAWA percentage multiplied by the subsequent Premium payment net of any applicable Premium taxes; Or
 
   
The GAWA percentage multiplied by the increase in the GWB – if the maximum GWB is hit.

We require prior approval for a subsequent Premium payment that would result in your Contract having $1 million of Premiums in the aggregate.  We also reserve the right to refuse subsequent Premium payments.  The GWB can never be more than $5 million.  See Example 3b in Appendix D under section “I.  SafeGuard Max” to see how the GWB is recalculated when the $5 million maximum is hit.
 
 
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Step-Up.  In the event Contract Value is greater than the GWB, this GMWB allows the GWB to be reset to the Contract Value (a “step-up”).  (See Examples 6 and 7 in Appendix D under section “I.  SafeGuard Max”.)

Upon election of a step-up, the GMWB charge may be increased, subject to the maximum charges listed above.

With a Step-Up
The GWB equals Contract Value (subject to a $5 million maximum).
 
If the step-up occurs after the first withdrawal, the GAWA is recalculated, equaling the greater of:
 
   
The GAWA percentage multiplied by the new GWB, Or
 
 
The GAWA prior to step-up.

The first opportunity for a step-up is the fifth Contract Anniversary after this GMWB is added to the Contract.  Thereafter, a step-up is allowed at any time, but there must always be at least five years between step-ups.  The GWB can never be more than $5 million with a step-up.  A request for step-up is processed and effective on the date received in Good Order.  Please consult the representative who helped you purchase your Contract to be sure if a step-up is right for you and about any increase in charges upon a step-up. Upon election of a step-up, the applicable GMWB charge will be reflected in your confirmation.

Owner's Death.  The Contract's death benefit is not affected by this GMWB so long as Contract Value is greater than zero and the Contract is still in the accumulation phase.  Upon your death (or the first Owner's death with joint Owners) while the Contract is still in force, this GMWB terminates without value.

Contract Value Is Zero.  If your Contract Value is reduced to zero as the result of a partial withdrawal, contract charges or poor Fund performance and the GWB is greater than zero, the GWB will be paid to you on a periodic basis elected by you, which will be no less frequently than annually, so long as the Contract is still in the accumulation phase.  The total annual payment will equal the GAWA, but will not exceed the current GWB.  If the GAWA percentage has not yet been determined, it will be set at the GAWA percentage corresponding to the Owner's (or oldest joint Owner's) attained age at the time the Contract Value is reduced to zero and the GAWA will be equal to the GAWA percentage multiplied by the GWB.

After each payment when the Contract
The GWB is recalculated, equaling the greater of:
 
Value is zero
 
The GWB before the payment less the payment; Or
 
   
Zero.
 
 
The GAWA is recalculated, equaling the lesser of:
 
   
The GAWA before the payment; Or
 
   
The GWB after the payment.

All other rights under your Contract cease and we will no longer accept subsequent Premium payments and all optional endorsements are terminated without value.  Upon your death as the Owner, no death benefit is payable.

Spousal Continuation.  If the Contract is continued by the spouse, the spouse retains all rights previously held by the Owner.
If the spouse continues the Contract and this endorsement already applies to the Contract, the GMWB will continue and no adjustment will be made to the GWB or the GAWA at the time of continuation.  If the GAWA percentage has not yet been determined, it will be set at the GAWA percentage corresponding to the Owner's (or oldest joint Owner's) attained age on the continuation date and the GAWA will be equal to the GAWA percentage multiplied by the GWB.  Your spouse may elect to step-up on the continuation date.  If the Contract is continued under the Special Spousal Continuation Option (please see “Special Spousal Continuation Option” on page 122), the value applicable upon step-up is the Contract Value, including any adjustments applied on the continuation date.  Any subsequent step-up must follow the step-up restrictions listed above (Contract Anniversaries will continue to be based on the anniversary of the original Contract's Issue Date).  Upon spousal continuation of a Contract without the Guaranteed Minimum Withdrawal Benefit With 5-Year Step-Up, if the Guaranteed Minimum Withdrawal Benefit With 5-Year Step-Up is available at the time, the spouse may request to add this endorsement within 30 days before any Contract Anniversary, and the endorsement will take effect on the Contract Anniversary if the request is made in Good Order.

For more information about spousal continuation of a Contract, please see “Special Spousal Continuation Option” beginning on page 122.
 
 
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Termination.  This GMWB terminates subject to a prorated GMWB Charge assessed for the period since the last monthly charge and all benefits cease on the earliest of:

The Income Date;
 
The date of complete withdrawal of Contract Value (full surrender of the Contract);
 
   
In surrendering your Contract, you will receive the Contract Value less any applicable charges and adjustments and not the GWB or the GAWA you would have received under this GMWB.
 
The date of the Owner's death (or the first Owner's death with joint Owners), unless the Beneficiary who is the Owner's spouse elects to continue the Contract with the GMWB;
 
The first date both the GWB and the Contract Value equals zero; or
 
The date all obligations under this GMWB are satisfied after the Contract has been terminated.

Annuitization.

On the Latest Income Date, the Owner may choose the following income option instead of one of the other income options listed in the Contract:

Fixed Payment Income Option.  This income option provides payments in a fixed dollar amount for a specific number of years.  The actual number of years that payments will be made is determined on the calculation date by dividing the GWB by the GAWA.  Upon each payment, the GWB will be reduced by the payment amount.  The total annual amount payable will equal the GAWA but will never exceed the current GWB.  This annualized amount will be paid over the specific number of years in the frequency (no less frequently than annually) that you select.  If you should die (assuming you are the Owner) before the payments have been completed, the remaining payments will be made to the Beneficiary, as scheduled.

If the GAWA percentage has not yet been determined, the GAWA percentage will be based on the Owner's (or oldest joint Owner's) attained age at the time of election of this option and the GAWA will be equal to the GAWA percentage multiplied by the GWB.  The GAWA percentage will not change after election of this option.

This income option may not be available if the Contract is issued to qualify under Sections 401, 403, 408 or 457 of the Internal Revenue Code.  For such Contracts, this income option will only be available if the guaranteed period is less than the life expectancy of the Annuitant at the time the option becomes effective.

See “Guaranteed Minimum Withdrawal Benefit General Considerations” and “Guaranteed Minimum Withdrawal Benefit Important Special Considerations” beginning on page 52 for additional things to consider before electing a GMWB; when electing to annuitize your Contract after having purchased a GMWB; or when the Latest Income Date is approaching and you are thinking about electing or have elected a GMWB.

Effect of GMWB on Tax Deferral.  This GMWB may not be appropriate for Owners who have as a primary objective taking maximum advantage of the tax deferral that is available to them under an annuity contract to accumulate assets.  Please consult your tax and financial advisors before adding this GMWB to a Contract.

5% Guaranteed Minimum Withdrawal Benefit With Annual Step-Up (“AutoGuard 5”). The following description is supplemented by the examples in Appendix D under section “II.  AutoGuard 5, AutoGuard 6” that may assist you in understanding how calculations are made in certain circumstances.

This is a Guaranteed Minimum Withdrawal Benefit, which permits an Owner to make partial withdrawals prior to the Income Date that, in total, are guaranteed to equal the Guaranteed Withdrawal Balance (GWB)(as defined below), regardless of your Contract Value.  This GMWB is  available to add to a Contract on the Contract’s Issue Date or on any Contract Anniversary (subject to availability).   This GMWB is not available on a Contract that already has a GMWB (one GMWB only per Contract).  We may further limit the availability of this optional endorsement.  Once selected, the 5% GMWB With Annual step-up cannot be canceled.

This GMWB is available to Owners 80 years old and younger on the date on which this endorsement is selected.  We allow ownership changes of a Contract with this GMWB (i) from an Owner that is a natural person to a trust, if that individual and the Annuitant are
 
 
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the same person or (ii) when the Owner is a legal entity, to another legal entity or the Annuitant, provided these changes are not taxable events under the Code.  In certain circumstances, we may permit the elimination of a joint Owner in the event of divorce.  Otherwise, changes of Owner are not allowed.  When the Owner is a legal entity, changing Annuitants is not allowed.

If you select the 5% GMWB With Annual Step-Up when you purchase your Contract, your Premium payment net of any applicable taxes, plus any Contract Enhancement will be used as the basis for determining the GWB.  The 5% GMWB With Annual step-up may also be selected after the Issue Date (subject to availability) within 30 days before any Contract Anniversary, and the endorsement will take effect on the Contract Anniversary if your request is in Good Order.  If you select the 5% GMWB With Annual Step-Up after the Issue Date, to determine the GWB, we will use your Contract Value.  The GWB can never be more than $5 million (including upon “step-up”), and the GWB is reduced with each withdrawal you take.

Once the GWB has been determined, we calculate the Guaranteed Annual Withdrawal Amount (GAWA), which is the maximum annual partial withdrawal amount, except for certain tax-qualified Contracts (as explained below).  Upon selection, the GAWA is equal to 5% of the GWB.  The GAWA will generally not be reduced if partial withdrawals taken within any one Contract Year do not exceed 5%.  However, withdrawals are not cumulative.  If you do not take 5% in one Contract Year, you may not take more than 5% the next Contract Year.  If you withdraw more than 5%, the GWB may be reduced by more than the amount of the withdrawal and the GAWA will likely be reduced.  The GAWA can be divided up and taken on a payment schedule that you request.  You can continue to take the GAWA each Contract Year until the GWB has been depleted.  If the GWB falls below the GAWA at the time of an Excess Withdrawal (see below) or at the end of a Contract Year, the GAWA will be reset to equal the GWB.  This may occur, when over time, payment of guaranteed withdrawals is nearly complete and the GWB has been depleted.

Withdrawal charges, asset allocation fees, Contract Enhancement recapture charges, Interest Rate Adjustments, and other charges and adjustments as applicable, are taken into consideration in calculating the amount of your partial withdrawals pursuant to the 5% GMWB With Annual Step-Up, but these charges or adjustments are offset by your ability to make free withdrawals under the Contract.

Any time a subsequent Premium payment is made, we recalculate the GWB and the GAWA.  Each time you make a Premium payment, the GWB is increased by the amount of the Premium payment, net of any applicable Premium taxes, plus any Contract Enhancement.  Also, the GAWA will increase by either (a) 5% of the  sum of i) the subsequent Premium payment less any applicable taxes , plus ii) any Contract Enhancement,  or (b) 5% of the increase in the GWB, if the maximum GWB is reached.  We require prior approval for a subsequent Premium payment that would result in your Contract having $1 million of Premiums in the aggregate.  We also reserve the right to refuse subsequent Premium payments.  See Example 3b in Appendix D under section “II.  AutoGuard 5, AutoGuard 6” to see how the GWB is recalculated when the $5 million maximum is reached.

If the total of your partial withdrawals made in the current Contract Year is greater than the GAWA, we will recalculate your GWB and your GAWA will likely be lower in the future.  In other words, withdrawing more than the GAWA in any Contract Year could cause the GWB to be reduced by more than the amount of the withdrawal(s), likely reducing the GAWA, as well.  Recalculation of the GWB and GAWA may result in reducing or extending the payout period.  Examples 4, 5, and 7 in Appendix D under section “II.  AutoGuard 5, AutoGuard 6” illustrate the impact of such withdrawals.

For certain tax-qualified Contracts, this GMWB allows for withdrawals greater than the GAWA to meet the Contract's required minimum distributions (RMDs) under the Internal Revenue Code (Code) without compromising the endorsement's guarantees.  Examples 4, 5, and 7 in Appendix D under section “II.  AutoGuard 5, AutoGuard 6” supplement this description.  Because the intervals for the GAWA and RMDs are different, namely Contract Years versus calendar years, and because RMDs are subject to other conditions and limitations, if your Contract is a tax-qualified Contract, please see “RMD Notes” under “Guaranteed Minimum Withdrawal Benefit Important Special Considerations” on page 52, for more information.

If the partial withdrawal plus all prior partial withdrawals made in the current Contract Year is less than or equal to the greater of the GAWA or RMD, as applicable, the GWB is equal to the greater of:

·
the GWB prior to the partial withdrawal less the partial withdrawal; or
 
·
zero.

If the partial withdrawal plus all prior partial withdrawals made in the current Contract Year is less than or equal to the greater of the GAWA at the time of the partial withdrawal, or the RMD, as applicable, the GAWA is unchanged at the time of the withdrawal.  At the end of each Contract Year, if the GWB is less than the GAWA, the GAWA is set equal to the GWB.

If the partial withdrawal plus all prior partial withdrawals made in the current Contract Year exceeds the greater of the GAWA at the time of the partial withdrawal, or the RMD, as applicable,  the GWB is equal to the greater of:

the GWB prior to the partial withdrawal, first reduced dollar-for-dollar for any portion of the partial withdrawal not defined as an Excess Withdrawal (see below),
 
 
 
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 then reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal; or
 
zero.

If the partial withdrawal plus all prior partial withdrawals made in the current Contract Year is greater than the GAWA or RMD, as applicable, the GAWA is equal to the lesser of:

the GAWA prior to the partial withdrawal reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal, or
 
the GWB after the partial withdrawal.

The Excess Withdrawal is defined to be the lesser of:

the total amount of the current partial withdrawal, or
 
the amount by which the cumulative partial withdrawals for the current Contract Year exceeds the greater of the GAWA or the RMD, as applicable.

Consistent with the explanation above, withdrawals greater than the GAWA or RMD, as applicable, may have a significantly negative impact on the value of this benefit through prematurely reducing the GWB and GAWA and, therefore, cause the benefit to prematurely terminate (see Example 5 in Appendix D under section “II.  AutoGuard 5, AutoGuard 6”).  For purposes of all of these calculations, all partial withdrawals are assumed to be the total amount withdrawn, including any withdrawal charges, asset allocation fees, recapture charges, Interest Rate Adjustments and other charges and adjustments.

Withdrawals under this GMWB are considered the same as any other partial withdrawals for the purposes of calculating any other values under the Contract and any other endorsements (for example, the Contract's standard death benefit).  All withdrawals count toward the total amount withdrawn in a Contract Year, including systematic withdrawals, RMDs for certain tax-qualified Contracts, withdrawals of asset allocation and advisory fees, partial 1035 exchanges and free withdrawals under the Contract.  They are subject to the same restrictions and processing rules as described in the Contract.  They are also treated the same for federal income tax purposes.  For more information about tax qualified and non-qualified Contracts, please see “TAXES” beginning on page 123.

Withdrawals made under section 72(t) or section 72(q) of the Code are not considered RMDs for purposes of preserving the guarantees under this GMWB.  Such withdrawals that exceed the GAWA will have the same effect as any withdrawal or excess withdrawal as described above and, consistent with that description, may cause a significant negative impact to your benefit.

Step-Up.  If no withdrawals have been taken from the Contract following the date this GMWB is issued, on each Contract Quarterly Anniversary, if the Contract Value on that date is greater than the GWB, the GWB will be reset to the Contract Value on the Contract Quarterly Anniversary (“step-up”). After the first withdrawal has been taken from the Contract, step-ups will no longer be determined on Contract Quarterly Anniversaries. Instead, step-ups will be determined on each Contract Anniversary.  If the Contract Value is greater than the GWB on the Contract Anniversary, the GWB will be reset to the Contract Value on the Contract Anniversary.  If the first withdrawal from the Contract is taken on a Contract Quarterly Anniversary that is not a Contract Anniversary, there will be no step-up on that Contract Quarterly Anniversary and the next step-up determination will occur on the next Contract Anniversary.  Upon step-up on or after the 2nd Contract Anniversary following the effective date of this GMWB, the GMWB charge may be increased, subject to the maximum annual charge.  You will be notified in advance of a GMWB Charge increase and may elect to discontinue the automatic step-ups.  Such election must be received in Good Order prior to the Contract Anniversary or Contract Quarterly Anniversary.  While electing to discontinue the automatic step-ups will prevent an increase in the charge, discontinuing step-ups also means foregoing possible increases in your GWB and/or GAWA, so carefully consider this decision should we notify you of a charge increase.  Also know that you may subsequently elect to reinstate the step-up provision at the then current GMWB Charge. All requests will be effective on the Contract Anniversary or Contract Quarterly Anniversary following receipt of the request in Good Order within 30 calendar days prior to the Contract Anniversary or Contract Quarterly Anniversary.

Spousal Continuation.  If you die before annuitizing a Contract with the 5% GMWB With Annual Step-Up, the Contract's death benefit is still payable when the Contract Value is greater than zero.  Alternatively, the Contract allows the Beneficiary who is your spouse to continue it, retaining all rights previously held by the Owner.  If the spouse continues the Contract and the 5% GMWB With Annual Step-Up endorsement already applies to the Contract, the 5% GMWB With Annual Step-Up will continue and no adjustment will be made to the GWB or the GAWA at the time of continuation.  Step-ups will continue as permitted (as described above), and Contract Anniversaries and Contract Quarterly Anniversaries will continue to be based on the original Contract's Issue Date.  Upon spousal continuation of a Contract without the 5% GMWB With Annual Step-Up, if the 5% GMWB With Annual Step-Up is available at the time, the Beneficiary may request to add this endorsement within 30 days before any Contract Anniversary, and the endorsement will take effect on the Contract Anniversary if the request is made in Good Order.
 
 
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Termination.  The 5% GMWB With Annual Step-Up endorsement terminates subject to a prorated GMWB Charge assessed for the period since the last monthly charge on the date you annuitize or surrender the Contract.  In surrendering the Contract, you will receive the Contract Value less any applicable charges and adjustments and not the GWB or the GAWA you would have received under the 5% GMWB With Annual Step-Up.  The 5% GMWB With Annual Step-Up also terminates with the Contract upon your death (unless the Beneficiary who is your spouse continues the Contract) or the death of a joint Owner; on the Latest Income Date; upon the first date both the GWB and Contract Value equal zero; or upon conversion, if available – whichever occurs first.

Contract Value Is Zero.  If your Contract Value is reduced to zero as the result of a partial withdrawal, contract charges or poor Fund performance and the GWB is greater than zero, the GWB will be paid automatically to you on a periodic basis elected by you, which will be no less frequently than annually, so long as the Contract is still in the accumulation phase.  The total annual payment will equal the GAWA, but will not exceed the current GWB.  The payments continue until the GWB is reduced to zero.

All other rights under your Contract cease and we will no longer accept subsequent Premium payments and all optional endorsements are terminated without value.  Upon your death as Owner, or death of a joint Owner, all payments cease.  No other death benefit will be paid.

Annuitization.  If you decide to annuitize your Contract, you may choose the following income option instead of one of the other income options listed in your Contract:

Fixed Payment Income Option.  This income option provides payments in a fixed dollar amount for a specific number of years.  The actual number of years that payments will be made is determined on the calculation date by dividing the GWB by the GAWA.  Upon each payment, the GWB will be reduced by the payment amount.  The total annual amount payable will equal the GAWA but will never exceed the current GWB.  This annualized amount will be paid over the specific number of years in the frequency (no less frequently than annually) that you select.  If you should die (assuming you are the Owner) before the payments have been completed, the remaining payments will be made to the Beneficiary, as scheduled.

This income option may not be available if the Contract is issued to qualify under Sections 401, 403, 408 or 457 of the Internal Revenue Code.  For such Contracts, this income option will only be available if the guaranteed period is less than the life expectancy of the Annuitant at the time the option becomes effective.  In addition, no adjustments will be made to the GAWA after election of this option, nor will a commuted value be available.  This income option is only available on your Latest Income Date (see “Income Payments (the Income Phase)”) on page 117.

See “Guaranteed Minimum Withdrawal Benefit General Considerations” and “Guaranteed Minimum Withdrawal Benefit Important Special Considerations” beginning on page 52 for additional things to consider before electing a GMWB; when electing to annuitize your Contract after having purchased a GMWB; or when the Latest Income Date is approaching and you are thinking about electing or have elected a GMWB.

Effect of GMWB on Tax Deferral.  The purchase of the 5% GMWB With Annual Step-Up may not be appropriate for the Owners of Contracts who have as a primary objective taking maximum advantage of the tax deferral that is available to them under an annuity contract to accumulate assets.  Please consult your tax and financial advisors on this and other matters prior to electing the 5% GMWB With Annual Step-Up.

6% Guaranteed Minimum Withdrawal Benefit With Annual Step-Up (“AutoGuard 6”).  The following description is supplemented by the examples in Appendix D under section “II.  AutoGuard 5, AutoGuard 6” that may assist you in understanding how calculations are made in certain circumstances.

PLEASE NOTE:  EFFECTIVE APRIL 29, 2013, THIS ENDORSEMENT IS CURRENTLY NO LONGER AVAILABLE TO ADD TO A CONTRACT.

This is a Guaranteed Minimum Withdrawal Benefit, which permits an Owner to make partial withdrawals prior to the Income Date that, in total, are guaranteed to equal the Guaranteed Withdrawal Balance (GWB)(as defined below), regardless of your Contract Value.  This GMWB is available to add to a Contract on the Contract’s Issue Date or on any Contract Anniversary (subject to availability).  This GMWB is not available on a Contract that already has a GMWB (one GMWB only per Contract). We may further limit the availability of this optional endorsement.  Once selected, the 6% GMWB With Annual Step-Up cannot be canceled.

This GMWB is available to Owners 80 years old and younger on the date on which this endorsement is selected.  We allow ownership changes of a Contract with this GMWB (i) from an Owner that is a natural person to a trust, if that individual and the Annuitant are the same person or (ii) when the Owner is a legal entity, to another legal entity or the Annuitant, provided these changes are not taxable events under the Code.  In certain circumstances, we may permit the elimination of a joint Owner in the event of divorce.  Otherwise, changes of Owner are not allowed.  When the Owner is a legal entity, changing Annuitants is not allowed.
 
 
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If you select the 6% GMWB With Annual Step-Up when you purchase your Contract, your Premium payment net of any applicable taxes, plus any Contract Enhancement, will be used as the basis for determining the GWB.  The 6% GMWB With Annual Step-Up may also be selected after the Issue Date (subject to availability) within 30 days before any Contract Anniversary, and the endorsement will take effect on the Contract Anniversary if your request is in Good Order.  If you select the 6% GMWB With Annual Step-Up after the Issue Date, to determine the GWB, we will use your Contract Value.  The GWB can never be more than $5 million (including upon “step-up”), and the GWB is reduced with each withdrawal you take.

Once the GWB has been determined, we calculate the Guaranteed Annual Withdrawal Amount (GAWA), which is the maximum annual partial withdrawal amount, except for certain tax-qualified Contracts (as explained below).  Upon selection, the GAWA is equal to 6% of the GWB.  The GAWA will generally not be reduced if partial withdrawals taken within any one Contract Year do not exceed 6%.  However, withdrawals are not cumulative.  If you do not take 6% in one Contract Year, you may not take more than 6% the next Contract Year.  If you withdraw more than 6%, the GWB may be reduced by more than the amount of the withdrawal and the GAWA will likely be reduced.  The GAWA can be divided up and taken on a payment schedule that you request.  You can continue to take the GAWA each Contract Year until the GWB has been depleted.  If the GWB falls below the GAWA at the time of an Excess Withdrawal (see below) or at the end of a Contract Year, the GAWA will be reset to equal the GWB.  This may occur, when over time, payment of guaranteed withdrawals is nearly complete and the GWB has been depleted.

Withdrawal charges, asset allocation fees, Contract Enhancement recapture charges, Interest Rate Adjustments, and other charges and adjustments, as applicable, are taken into consideration in calculating the amount of your partial withdrawals pursuant to the 6% GMWB With Annual Step-Up, but these charges or adjustments are offset by your ability to make free withdrawals under the Contract.

Any time a subsequent Premium payment is made, we recalculate the GWB and the GAWA.  Each time you make a Premium payment, the GWB is increased by the amount of the Premium payment, net of any applicable Premium taxes, plus any Contract Enhancement.  Also, the GAWA will increase by either (a) 6% of the  sum of i) the subsequent Premium payment less any applicable taxes plus ii) any Contract Enhancement, or (b) 6% of the increase in the GWB, if the maximum GWB is reached.  We require prior approval for a subsequent Premium payment that would result in your Contract having $1 million of Premiums in the aggregate.  We also reserve the right to refuse subsequent Premium payments.  See Example 3b in Appendix D under section “II.  AutoGuard 5, AutoGuard 6” to see how the GWB is recalculated when the $5 million maximum is reached.

If the total of your partial withdrawals made in the current Contract Year is greater than the GAWA, we will recalculate your GWB and your GAWA will likely be lower in the future.  In other words, withdrawing more than the GAWA in any Contract Year could cause the GWB to be reduced by more than the amount of the withdrawal(s), likely reducing the GAWA, as well.  Recalculation of the GWB and GAWA may result in reducing or extending the payout period.  Examples 4, 5, and 7 in Appendix D under section “II.  AutoGuard 5, AutoGuard 6” illustrate the impact of such withdrawals.

For certain tax-qualified Contracts, this GMWB allows for withdrawals greater than the GAWA to meet the Contract's required minimum distributions (RMDs) under the Internal Revenue Code (Code) without compromising the endorsement's guarantees.  Examples 4, 5, and 7 in Appendix D under section “II.  AutoGuard 5, AutoGuard 6” supplement this description.  Because the intervals for the GAWA and RMDs are different, namely Contract Years versus calendar years, and because RMDs are subject to other conditions and limitations, if your Contract is a tax-qualified Contract, please see “RMD Notes” under Guaranteed Minimum Withdrawal Benefit Important Special Considerations” on page 52, for more information.

If the partial withdrawal plus all prior partial withdrawals made in the current Contract Year is less than or equal to the greater of the GAWA or RMD, as applicable, the GWB is equal to the greater of:

the GWB prior to the partial withdrawal less the partial withdrawal; or
 
zero.

If the partial withdrawal plus all prior partial withdrawals made in the current Contract Year is less than or equal to the greater of the GAWA at the time of the partial withdrawal, or the RMD, as applicable, the GAWA is unchanged at the time of the withdrawal, At the end of each Contract Year, if the GWB is less than the GAWA, the GAWA is set equal to the GWB.

If the partial withdrawal plus all prior partial withdrawals made in the current Contract Year exceeds the greater of the GAWA at the time of the partial withdrawal or the RMD, as applicable, the GWB is equal to the greater of:

the GWB prior to the partial withdrawal, first reduced dollar-for-dollar for any portion of the partial withdrawal not defined as an Excess Withdrawal (see below), then reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal; or
 
zero.
 
 
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If the partial withdrawal plus all prior partial withdrawals made in the current Contract Year is greater than the GAWA or RMD, as applicable, the GAWA is equal to the lesser of:

the GAWA prior to the partial withdrawal reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal, or
 
the GWB after the partial withdrawal.

The Excess Withdrawal is defined to be the lesser of:

the total amount of the current partial withdrawal, or
 
the amount by which the cumulative partial withdrawals for the current Contract Year exceeds the greater of the GAWA or the RMD, as applicable.

Consistent with the explanation above, withdrawals greater than the GAWA or RMD, as applicable, may have a significantly negative impact on the value of this benefit through prematurely reducing the GWB and GAWA and, therefore, cause the benefit to prematurely terminate (see Example 5 in Appendix D under section “II.  AutoGuard 5, AutoGuard 6”).  For purposes of these calculations, all partial withdrawals are assumed to be the total amount withdrawn, including any withdrawal charges, asset allocation fees, recapture charges, Interest Rate Adjustments and other charges and adjustments.

Withdrawals under this GMWB are considered the same as any other partial withdrawals for the purposes of calculating any other values under the Contract and any other endorsements (for example, the Contract's standard death benefit).  All withdrawals count toward the total amount withdrawn in a Contract Year, including systematic withdrawals, RMDs for certain tax-qualified Contracts, withdrawals of asset allocation and advisory fees, partial 1035 exchanges, and free withdrawals under the Contract.  They are subject to the same restrictions and processing rules as described in the Contract.  They are also treated the same for federal income tax purposes.   For more information about tax-qualified and non-qualified Contracts, please see “TAXES” beginning on page 123.

Withdrawals made under section 72(t) or section 72(q) of the Code are not considered RMDs for purposes of preserving the guarantees under this GMWB.  Such withdrawals that exceed the GAWA will have the same effect as any withdrawal or excess withdrawal as described above and, consistent with that description, may cause a significant negative impact to your benefit.

Step-Up. If no withdrawals have been taken from the Contract following the date this GMWB is issued, on each Contract Quarterly Anniversary, if the Contract Value on that date is greater than the GWB, the GWB will be reset to the Contract Value on the Contract Quarterly Anniversary (“step-up”). After the first withdrawal has been taken from the Contract, step-ups will no longer be determined on Contract Quarterly Anniversaries. Instead, step-ups will be determined on each Contract Anniversary.  If the Contract Value is greater than the GWB on the Contract Anniversary, the GWB will be reset to the Contract Value on the Contract Anniversary.  If the first withdrawal from the Contract is taken on a Contract Quarterly Anniversary that is not a Contract Anniversary, there will be no step-up on that Contract Quarterly Anniversary and the next step-up determination will occur on the next Contract Anniversary.  Upon step-up on or after the 2nd Contract Anniversary following the effective date of this GMWB, the GMWB charge may be increased, subject to the maximum annual charge.  You will be notified in advance of a GMWB Charge increase and may elect to discontinue the automatic step-ups.  Such election must be received in Good Order prior to the Contract Anniversary or Contract Quarterly Anniversary.  While electing to discontinue the automatic step-ups will prevent an increase in the charge, discontinuing step-ups also means foregoing possible increases in your GWB and/or GAWA, so carefully consider this decision should we notify you of a charge increase.  Also know that you may subsequently elect to reinstate the step-up provision at the then current GMWB Charge. All requests will be effective on the Contract Anniversary or Contract Quarterly Anniversary following receipt of the request in Good Order within 30 calendar days prior to the Contract Anniversary or Contract Quarterly Anniversary.

Spousal Continuation.  If you die before annuitizing a Contract with the 6% GMWB With Annual Step-Up, the Contract's death benefit is still payable when the Contract Value is greater than zero.  Alternatively, the Contract allows the Beneficiary who is your spouse to continue it, retaining all rights previously held by the Owner.  If the spouse continues the Contract and the 6% GMWB With Annual Step-Up endorsement already applies to the Contract, the 6% GMWB With Annual Step-Up will continue and no adjustment will be made to the GWB or the GAWA at the time of continuation.  Step-Ups will continue as permitted (as described above), and Contract Anniversaries and Contract Quarterly Anniversaries will continue to be based on the original Contract's Issue Date.  Upon spousal continuation of a Contract without the 6% GMWB With Annual Step-Up, if the 6% GMWB With Annual Step-Up is available at the time, the Beneficiary may request to add this endorsement within 30 days before any Contract Anniversary, and the endorsement will take effect on the Contract Anniversary if the request is made in Good Order.

Termination.  The 6% GMWB With Annual Step-Up endorsement terminates subject to a prorated GMWB Charge assessed for the period since the last monthly charge on the date you annuitize or surrender the Contract.  In surrendering the Contract, you will receive the Contract Value less any applicable charges and adjustments and not the GWB or the GAWA you would have received under the 6% GMWB With Annual Step-Up.  The 6% GMWB With Annual Step-Up also terminates: with the Contract upon your
 
 
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death (unless the Beneficiary who is your spouse continues the Contract) or the death of a joint Owner; on the Latest Income Date; upon the first date both the GWB and Contract Value equal zero; or upon conversion, if permitted – whichever occurs first.

Contract Value Is Zero.  If your Contract Value is reduced to zero as the result of a partial withdrawal, contract charges or poor Fund performance and the GWB is greater than zero, the GWB will be paid automatically to you on a periodic basis elected by you, which will be no less frequently than annually, so long as the Contract is still in the accumulation phase.  The total annual payment will equal the GAWA, but will not exceed the current GWB.  The payments continue until the GWB is reduced to zero.

All other rights under your Contract cease and we will no longer accept subsequent Premium payments and all optional endorsements are terminated without value.  Upon your death as Owner, or the death of a joint Owner, all payments cease.  No other death benefit will be paid.

Annuitization.  If you decide to annuitize your Contract, you may choose the following income option instead of one of the other income options listed in your Contract:

Fixed Payment Income Option.  This income option provides payments in a fixed dollar amount for a specific number of years.  The actual number of years that payments will be made is determined on the calculation date by dividing the GWB by the GAWA.  Upon each payment, the GWB will be reduced by the payment amount.  The total annual amount payable will equal the GAWA but will never exceed the current GWB.  This annualized amount will be paid over the specific number of years in the frequency (no less frequently than annually) that you select.  If you should die (assuming you are the Owner) before the payments have been completed, the remaining payments will be made to the Beneficiary, as scheduled.

This income option may not be available if the Contract is issued to qualify under Sections 401, 403, 408 or 457 of the Internal Revenue Code.  For such Contracts, this income option will only be available if the guaranteed period is less than the life expectancy of the Annuitant at the time the option becomes effective.  In addition, no adjustments will be made to the GAWA after election of this option, nor will a commuted value be available.  This income option is only available on your Latest Income Date (see “Income Payments (the Income Phase)”) on page 117.

See “Guaranteed Minimum Withdrawal Benefit General Considerations” and “Guaranteed Minimum Withdrawal Benefit Important Special Considerations” beginning on page 52 for additional things to consider before electing a GMWB; when electing to annuitize your Contract after having purchased a GMWB; or when the Latest Income Date is approaching and you are thinking about electing or have elected a GMWB.

Effect of GMWB on Tax Deferral.  The purchase of the 6% GMWB With Annual Step-Up may not be appropriate for the Owners of Contracts who have as a primary objective taking maximum advantage of the tax deferral that is available to them under an annuity contract.  Please consult your tax and financial advisors on this and other matters prior to electing the 6% GMWB With Annual Step-Up.

For Life Guaranteed Minimum Withdrawal Benefit With Bonus, Annual Step-Up And Earnings-Sensitive Withdrawal Amount (“LifeGuard Freedom 6 Net”).

This Guaranteed Minimum Withdrawal Benefit (GMWB) guarantees the withdrawal of a minimum annual amount for the duration of the life of the Owner (or, in the case of joint Owners, until the death of the first Owner to die) regardless of the performance of the underlying investment options, subject to the conditions described below.  This benefit may be appropriate for those individuals who are looking for a number of features, within a GMWB, that may offer a higher level of guarantee and who are seeking greater access to earnings to provide more income when the Contract performs well, without negatively impacting the guarantees.  By allowing the Owner to add earnings to the amount of otherwise permissible withdrawals, referred to below as the Earnings-Sensitive Adjustment, he or she has the potential to take greater withdrawals and to receive the same after-tax withdrawal amount every Contract Year (assuming a 40% tax rate).

The following descriptions of this GMWB's features are supplemented by a basic example below and the examples in Appendix D under section “III.  LifeGuard Freedom 6 Net”.  The guarantees of this GMWB are subject to the endorsement's terms, conditions, and limitations that are explained below.  Please consult the representative who is helping you purchase your Contract to be sure that this GMWB ultimately suits your needs.

This GMWB guarantees withdrawals during the Contract's accumulation phase (i.e., before the Income Date), subject to the following:

This guarantee lasts for the duration of the Owner's life (the “For Life Guarantee”) if the For Life Guarantee is in effect;
 
   
The For Life Guarantee is based on the life of the single Owner or the first Owner to die
 
 
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if there are joint Owners.  There are also other GMWB options for joint Owners that are spouses, as described below.
 
For the Owner that is a legal entity, the For Life Guarantee is based on the Annuitant's life (or the life of the first Annuitant to die if there is more than one Annuitant).
 
The For Life Guarantee becomes effective on the Contract Anniversary on or immediately following the Owner (or with joint Owners, the oldest Owner) attaining the age of 59 1/2.  If the Owner (or oldest Owner) is 59 1/2 years old or older on the endorsement's effective date, then the For Life Guarantee is effective when this GMWB is added to the Contract.
 
If the For Life Guarantee is in effect, it will be terminated if a withdrawal exceeds the permissible amounts and reduces the Contract Value to zero. (Please see the "Contract Value is Zero" subsection below to understand what happens when the Contract Value is reduced to zero.)  Otherwise, the For Life Guarantee remains effective until the date this GMWB endorsement is terminated or until the Continuation Date on which this GMWB endorsement is continued under spousal continuation.  Please see the “Termination” subsection below to understand under what conditions this GMWB endorsement and, accordingly, the For Life Guarantee can be terminated.
 
   
In addition, if the For Life Guarantee is not yet in effect, withdrawals that cause the Contract Value to reduce to zero void the For Life Guarantee.  See “Contract Value is Zero” below for more information.
 
If the For Life Guarantee is not in effect, the guarantee lasts until the earlier of (1) the date of death of the Owner (or any joint Owner) or (2) the date when all withdrawals under the Contract equal the Guaranteed Withdrawal Balance (GWB), without regard to Contract Value.
 
   
The GWB is the guaranteed amount available for future periodic withdrawals.
 
   
In the event of the Owner's death, a spousal Beneficiary may continue this GMWB endorsement under spousal continuation.  In that event, the GWB is payable until depleted.  (Please see the “Spousal Continuation” subsection below for more information.)  If the Beneficiary is a non-spousal Beneficiary, the GWB is void and this endorsement is terminated; therefore, the Owner's death may have a significant negative impact on the value of this GMWB endorsement and cause the endorsement to prematurely terminate.

There is a limit on withdrawals each Contract Year to keep the guarantees of this GMWB in full effect – the greater of the Guaranteed Annual Withdrawal Amount (GAWA) or, for certain tax-qualified Contracts, the required minimum distribution (RMD), plus the Earnings-Sensitive Adjustments during a Contract Year, if any.  Please see “Withdrawals” below for more information about the GAWA and Earnings-Sensitive Adjustments.  The withdrawals that exceed the limit are referred to as "Excess Withdrawals", as further described below, while those that do not exceed the limit are referred to as “permissible withdrawals” or “permissible amounts.”

This GMWB is available to Owners 35 to 80 years old (proof of age is required); may be added to a Contract on the Issue Date or on any Contract Anniversary (subject to availability); and once added cannot be canceled except by a Beneficiary who is the Owner's spouse, who, upon the Owner's death, may elect to continue the Contract without the GMWB.  If you want to elect this GMWB after the Contract Issue Date on a Contract Anniversary (subject to availability), we must receive a request in Good Order within 30 calendar days prior to the Contract Anniversary.  We allow ownership changes of a Contract with this GMWB (i) from an individual Owner that is a natural person to a trust, if that individual and the Annuitant are the same person or (ii) when the Owner is a legal entity, to another legal entity or the Annuitant.  However, we do not allow these Ownership changes if they are a taxable event under the Code.  In certain circumstances, we may permit the elimination of a joint Owner in the event of divorce.  We do not allow any other changes of Owner.  An Owner should seek the advice of tax counsel before considering an ownership change.  When the Owner is a legal entity, changing Annuitants is not allowed.  Availability of this GMWB may be subject to further limitation.

Election.  The GWB depends on when this GMWB is added to the Contract, and the GAWA derives from the GWB.

 
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When this GMWB is added to
the Contract on the Issue Date
The GWB equals initial Premium net of any applicable Premium taxes, plus (for endorsements issued before April 29, 2013 ) any Contract Enhancement.
 
 
The GAWA is determined based on the Owner's attained age at the time of first withdrawal and equals the GAWA percentage multiplied by the GWB prior to the withdrawal.  See the GAWA percentage table below.


When this GMWB is added to the Contract on any Contract Anniversary
The GWB equals Contract Value , minus (for endorsements issued on or after April 29, 2013 ) any recapture charges that would be assessed on a full withdrawal .
 
The GAWA is determined based on the Owner's attained age at the time of first withdrawal and equals the GAWA percentage multiplied by the GWB prior to the withdrawal.  See the GAWA percentage table below.

For endorsements issued on or after April 29, 2013 ,   Contract Enhancements and the corresponding recapture charges are not included in the calculation of the GWB when this GMWB is added to the Contract on the Issue Date.  This is why Premium (net of any applicable Premium taxes) is used to calculate the GWB.  On Contracts with a Contract Enhancement, the result is a GWB that is less than Contract Value when this GMWB is added to the Contract.  For endorsements issued before April 29, 2013 , p lease note that while Contract Enhancements are effectively included in the GWB calculations at and after issue, potential recapture charges are not included at either time.   (See Examples 1 and 2 in Appendix D under section ”III.  LifeGuard Freedom 6 Net”.)   Recapture charges are imposed on withdrawals under this GMWB as explained under "More on Withdrawals" on page 70.

The GWB can never be more than $5 million (including upon step-up, the application of a GWB adjustment or the application of any bonus), and the GWB is reduced by each withdrawal.

Withdrawals.  The GAWA percentage and the GAWA are determined at the time of the first withdrawal.  The GAWA is equal to the GAWA percentage multiplied by the GWB prior to the withdrawal.  The GAWA percentage varies according to age group and is determined based on the Owner's attained age at the time of the first withdrawal.  If there are joint Owners, the GAWA percentage is based on the attained age of the oldest joint Owner.  (In the examples in Appendix D and elsewhere in this prospectus we refer to this varying GAWA percentage structure as the “varying benefit percentage”.)

You may elect an Optional Income Upgrade Table for an additional charge (see “For Life GMWB With Bonus, Annual Step-Up and Earnings-Sensitive Withdrawal Amount Charge” beginning on page 36).  The Optional Income Upgrade Table provides higher GAWA percentages for each age group as reflected in the tables below.

The GAWA percentages for each age group, depending on whether you elected the Optional Income Upgrade Table, are as follows:

Ages
Base GAWA% Table
(Endorsements issued on or after April 29, 2013)
Optional Income Upgrade Table
(Endorsements issued on or after April 29, 2013)
35 – 64
3.75%
4.00%
65 – 74
4.75%
5.00%
75 – 80
5.25 %
5.50 %
81+
5.75 %
6.00 %

If your endorsement was issued before April 29, 2013 , different GAWA percentages than those reflected in the above tables may apply.  Please refer to your Contract endorsement and the related prospectus disclosure for the GAWA percentages applicable under your Contract at the time of purchase.  If you need assistance finding this information, please contact your representative, or contact us at our Annuity Service Center.  Our contact information is on the first page of the prospectus.

We reserve the right to prospectively change the GAWA percentages, including the age bands, on new GMWB endorsements.  We recommend you check with your representative to learn about the current level of the GAWA percentages, or contact us at our Annuity Service Center for more information.  Our contact information is on the first page of the prospectus. If we change the GAWA percentages described above, we will follow these procedures:
1) 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 prospectus update 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 127).
 
 
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2) 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 prospectus update. 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.
In each case, the actual GAWA percentages will be reflected in your Contract endorsement.

In connection with a change of GAWA percentages, as described above, we may continue to offer the existing GAWA percentages, in effect prior to the change, as an Optional GAWA% table at an increased charge. The increased charge for this GMWB will not be greater than the maximum annual charge shown in the charge tables, which in no event exceed s 3.00%. For the charges for each GMWB, please see the section for the applicable GMWB appearing under “Contract Charges” beginning on page 30. Also, please see the “Optional Endorsements” table under the “FEES AND EXPENSES TABLES” beginning on page 5. The Optional GAWA% table will maintain the GAWA percentages for each age group that were available before the change as reflected in the above table.  If we offer the Optional GAWA% table, the notice of change in the form of a prospectus update, that will be delivered to you, will describe both the change to the GAWA percentages, and the Optional GAWA% table and related charges. We reserve the right to prospectively change the GAWA percentages in the Optional GAWA% table, including the age bands, on new GMWB endorsements subject to the notices and procedures described above.

Withdrawals cause the GWB to be recalculated.  Withdrawals will also cause the GAWA to be recalculated if the withdrawal, plus all prior withdrawals in the current Contract Year, exceeds the greater of the GAWA or, for certain tax-qualified Contracts only, the RMD, plus the Earnings-Sensitive Adjustments during that Contract Year, if any.  In such case, the recalculation of the GAWA will occur whether or not the For Life Guarantee is in effect.  If the GWB is less than the GAWA at the end of any Contract Year and the For Life Guarantee is not in effect, the GAWA will be set equal to the GWB.  This may occur, when over time, payment of the guaranteed withdrawals is nearly complete, the For Life Guarantee is not in effect and the GWB has been depleted to a level below the GAWA. The tables below clarify what happens in each instance.  (Example 14 in Appendix D under section “III.  LifeGuard Freedom 6 Net”   demonstrates how withdrawals affect this GMWB's guaranteed values).  In addition, if the For Life Guarantee is not yet in effect, withdrawals that cause the Contract Value to reduce to zero void the For Life Guarantee.  See “Contract Value is Zero” below for more information.

(RMD denotes the required minimum distribution under the Internal Revenue Code for certain tax-qualified Contracts only.  There is no RMD for non-qualified Contracts.  For certain tax-qualified Contracts, this GMWB allows withdrawals greater than the GAWA plus the Earnings-Sensitive Adjustments during that Contract Year, if any, to meet the Contract's RMD (when the RMD is higher than the GAWA) without compromising the endorsement's guarantees. Because the intervals for the GAWA and RMDs are different, namely Contract Years versus calendar years, and because RMDs are subject to other conditions and limitations, if your Contract is a tax-qualified Contract, then please see “RMD NOTES” under “Guaranteed Minimum Withdrawal Benefit Important Special Considerations” on page 52, for more information.

When a withdrawal, plus all
prior withdrawals in the current Contract Year, is less than or equal to the greater of the GAWA or RMD, plus the Earnings-
Sensitive Adjustments during that Contract Year, if any
The GWB is recalculated, equaling the greater of:
 
 
The GWB before the withdrawal less the withdrawal; Or
 
 
Zero.
 
The GAWA is unchanged.

The GAWA is not reduced if all withdrawals during any one Contract Year do not exceed the greater of the GAWA or RMD, plus the Earnings-Sensitive Adjustments during that Contract Year, if any.  The GAWA will be reduced at the end of a Contract Year to equal the GWB if the For Life Guarantee is not in effect and the GWB is nearly depleted, resulting in a GWB that is less than the GAWA.  You may withdraw the greater of the GAWA or RMD, plus the Earnings-Sensitive Adjustments during that Contract Year, if any, all at once or throughout the Contract Year.  Withdrawing less than the greater of the GAWA or RMD, plus the Earnings-Sensitive Adjustments, in a Contract Year does not entitle you to withdraw more than the greater of the GAWA or RMD, plus the Earnings-Sensitive Adjustments, in the next Contract Year.  The amount you may withdraw each Contract Year and not cause the GWB and GAWA to be recalculated does not accumulate.

Withdrawing more than the greater of the GAWA or RMD, plus the Earnings-Sensitive Adjustments, if any, in a Contract Year causes the GWB and GAWA to be recalculated (see below and Example 14c in Appendix D under section “III.  LifeGuard Freedom 6 Net”).  In recalculating the GWB, the GWB could be reduced by more than the withdrawal amount.  The GAWA is also likely to be reduced.  Therefore, please note that withdrawing more than the greater of the GAWA or RMD, as applicable, plus the Earnings-Sensitive Adjustments, if any, in a Contract Year may have a significantly negative impact on the value of this benefit.
 
 
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When a withdrawal, plus all prior withdrawals in the current Contract Year, exceeds the greater of the GAWA or RMD,  plus the Earnings- Sensitive Adjustments during that Contract Year, if any
The GWB is recalculated, equaling the greater of:
 
 
The GWB prior to the withdrawal, first reduced dollar-for-dollar for any portion of the withdrawal not defined as an Excess Withdrawal (see below), then reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal; Or
 
 
Zero.
 
 
   
The GAWA prior to the withdrawal is reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal.

The Excess Withdrawal is defined to be the lesser of:

The total amount of the current withdrawal, or

The amount by which the cumulative withdrawals for the current Contract Year (including the current withdrawal) exceeds the greater of the GAWA or the RMD, plus the Earnings-Sensitive Adjustments during that Contract Year, if any.

How the Earnings-Sensitive Adjustment works:  As previously stated, the Earnings-Sensitive Adjustment is an amount that the Owner may be allowed to withdraw each Contract Year in addition to the GAWA while keeping the guarantees of this GMWB fully effective.  An Earnings-Sensitive Adjustment calculation is done for each withdrawal taken and the amount, if any, depends on the withdrawal amount and the GMWB Earnings at the time of the withdrawal.  A withdrawal under the Contract that includes an Earnings-Sensitive Adjustment will reduce Contract Value and other values in the same manner as any other withdrawal.

When determining the amount of permissible withdrawals, the formula for this GMWB takes into account two additional factors in computing the Earnings-Sensitive Adjustment (the additional permissible amount attributable to earnings) after all the other standard values such as the GAWA and GWB used in all GMWB endorsements are determined.  The Guaranteed Withdrawal Balance Adjustment is also determined in the same manner without any special computational factors.  Thus, this GMWB is similar to all other GMWBs except with regard to calculating the amount of permissible withdrawals.

The first concept used is the Maximum Eligible Withdrawal Amount Remaining (MEWAR), which is the maximum withdrawal amount (before the application of any Earnings-Sensitive Adjustment) that is eligible for the Earnings-Sensitive Adjustment at a given time.  At any time, the MEWAR is the greater of:

 
1.
Zero; or
 
2.
The amount equal to:
 
 
a.     the amount of previous Earnings-Sensitive Adjustments in the current Contract Year; plus,
 
 
b.     the greater of the GAWA or the RMD; less
 
 
c.     all withdrawals previously made in the current Contract Year, including Earnings-Sensitive Adjustments.
 
The second concept relates to determining what the eligible earnings (GMWB Earnings) were. This involves a calculation that provides that at any time, GMWB Earnings are the greater of:

 
1.
Zero; or
 
2.
The Contract Value minus the GMWB Earnings Determination Baseline.

The GMWB Earnings Determination Baseline is determined as follows:  The GMWB Earnings Determination Baseline is equal to the Premium, net of any applicable Premium taxes, if elected at issue, or Contract Value less any recapture charges that would be assessed on a full withdrawal, if elected on a Contract Anniversary (subject to availability).

With each subsequent Premium received after the Contract Issue Date, the GMWB Earnings Determination Baseline is recalculated to equal the GMWB Earnings Determination Baseline prior to the Premium payment plus the amount of the Premium payment, net of any applicable Premium taxes.

With each withdrawal, the GMWB Earnings Determination Baseline is recalculated to equal the greater of:
               
 
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1.
Zero; or
 
2.
GMWB Earnings Determination Baseline prior to the withdrawal less the greater of:
 
 
a.     the withdrawal amount less the GMWB Earnings at the time of the withdrawal; or
 
 
b.     zero.
 
In determining the GMWB Earnings and the GMWB Earnings Determination Baseline, the formulas utilize the greater of zero, which serves to limit negative earnings results from affecting the calculations.

Withdrawals exceeding the permissible amount do not invalidate the For Life Guarantee if the Contract Value remains greater than zero, but cause the GWB and GAWA to be recalculated.

Earnings-Sensitive Adjustment as applied:

If the For Life Guarantee is in effect at the time of the withdrawal, the Earnings-Sensitive Adjustment is equal to the lesser of:

 
1.
40% of the GMWB Earnings at the time of the withdrawal; or

 
2.
2/3 of the lesser of the MEWAR and the withdrawal amount prior to any Earnings-Sensitive Adjustment.

If the For Life Guarantee is not in effect at the time of the withdrawal, the Earnings-Sensitive Adjustment is equal to the lesser of:

 
1.
40% of the GMWB Earnings at the time of withdrawal;

 
2.
2/3 of the lesser of the MEWAR and the withdrawal amount prior to any Earnings-Sensitive Adjustment; or
 
 
3.
The greater of:
 
a.
zero; or
 
b.
the GWB less the MEWAR.

Example:  For an example of a contract that makes basic simple assumptions to show how this Earnings-Sensitive Adjustment provision and its various components (i.e., GMWB Earnings, MEWAR, GMWB Earnings Determination Baseline, etc.) work, assume that you request the maximum permissible withdrawal, including an Earnings Sensitive Adjustment, if any.  At the time of your withdrawal request, also assume that:

 ·
You are age 65
 ·
You have a non-qualified Contract (so there is no applicable RMD)
 ·
Your initial Premium payment was $100,000
 ·
You have not made any additional Premium payments or any withdrawals in the prior Contract Years or the current Contract Year
 ·
The For Life Guarantee is in effect
   
 ·
Your GWB is $100,000
 ·
Your GAWA percentage is 5%
 ·
Your GAWA is $5,000
 ·
Your Contract Value is $108,000
 
Your GMWB Earnings Determination Baseline prior to the withdrawal is equal to your initial sole Premium payment of  $100,000.  Since you have not taken other withdrawals and, therefore, there have been no previous Earnings-Sensitive Adjustments during the current Contract Year, the MEWAR is $5,000 (which is the greater of: zero, or the Earnings-Sensitive Adjustments thus far in the current Contract Year ($0) plus the GAWA ($5,000) less all partial withdrawals thus far in the current Contract year ($0) ($0 + $5,000 - $0 = $5,000).  As there have been no previous withdrawals taken in the current Contract Year, the MEWAR in this example equals the GAWA.

Your GMWB Earnings in this example are equal to $8,000, which is the greater of: zero, or your Contract Value less your GMWB Earnings Determination Baseline ($108,000 - $100,000 = $8,000).  The Earnings-Sensitive Adjustment is equal to $3,200, which is the lesser of two amounts: $3,200, which is equal to 40% of the GMWB Earnings (0.40 * $8,000 = $3,200); and $3,333, which is equal to 2/3 of the lesser of the MEWAR and the withdrawal amount prior to the Earnings-Sensitive Adjustment (2/3 * $5,000 = $3,333).  The total withdrawal amount requested in this example, therefore, is $8,200, which is the GAWA plus the Earnings-Sensitive Adjustment ($5,000 + $3,200 = $8,200).

Going forward adjustments are made to your various GMWB values and demonstrated by using the same assumptions as this example. Your Contract Value after the withdrawal is equal to $99,800, which is the Contract Value prior to the withdrawal less the total withdrawal amount ($108,000 - $8,200 = $99,800).  Your GMWB Earnings Determination Baseline after the withdrawal is also equal to $99,800, which is the GMWB Earnings Determination Baseline prior to the withdrawal ($100,000) reduced by the greater of: the withdrawal amount in excess of the GMWB Earnings ($8,200 - $8,000 = $200), or zero.  Your MEWAR after the withdrawal is equal to $0, which is the greater of: zero, or the Earnings-Sensitive Adjustments thus far in the current Contract Year plus the GAWA
 
 
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less all withdrawals thus far in the current Contract Year ($3,200 + $5,000 - $8,200 = 0).  Your GWB after the withdrawal is equal to $91,800, which is the GWB before the withdrawal less the total withdrawal ($100,000 - $8,200 = $91,800).

Since the total withdrawals for the year do not exceed the GAWA ($5,000) plus the total Earnings-Sensitive Adjustments for the current Contract Year ($3,200), no proportional reduction applies to your GWB for this withdrawal.  In addition, since the total withdrawals for the year do not exceed the GAWA ($5,000) plus the total Earnings-Sensitive Adjustments for the current Contract Year ($3,200), your GAWA is unchanged after the withdrawal.

For more examples showing how the Earnings-Sensitive Adjustment provision works, including an example involving an Excess Withdrawal, please see Example 14 in Appendix D under section “III.  LifeGuard Freedom 6 Net”.

More on Withdrawals:  Withdrawals under this GMWB are assumed to be the total amount deducted from the Contract Value, including any withdrawal charges, recapture charges and other charges or adjustments.  Any withdrawals from Contract Value allocated to a Fixed Account Option may be subject to an Interest Rate Adjustment.  For more information, please see “THE FIXED ACCOUNT” beginning on page 13.  Withdrawals may be subject to a recapture charge on any Contract Enhancement.  Withdrawals in excess of free withdrawals may be subject to a withdrawal charge.

Withdrawals under this GMWB are considered the same as any other withdrawals for the purposes of calculating any other values under the Contract and any other endorsements (for example, the Contract's death benefit).  All withdrawals count toward the total amount withdrawn in a Contract Year, including systematic withdrawals, RMDs for certain tax-qualified Contracts, withdrawals of asset allocation and advisory fees, and free withdrawals under the Contract.  They are subject to the same restrictions and processing rules as described in the Contract.  They are also treated the same for federal income tax purposes.  For more information about tax-qualified and non-qualified Contracts, please see “TAXES” beginning on page 123.

If the age of any Owner is incorrectly stated at the time of election of the GMWB, on the date the misstatement is discovered, the GWB and the GAWA will be recalculated based on the GAWA percentage applicable at the correct age.  Any future GAWA percentage recalculation will be based on the correct age.  If the age at election of the Owner (or oldest joint Owner) falls outside the allowable age range, the GMWB will be null and void and all GMWB charges will be refunded.

Withdrawals made under section 72(t) or section 72(q) of the Code are not considered RMDs for purposes of preserving the guarantees under this GMWB.  Such withdrawals that exceed the GAWA will have the same effect as any withdrawal or Excess Withdrawal as described above and, consistent with that description, may cause a significant negative impact to your benefit.

Guaranteed Withdrawal Balance Adjustment.  If no withdrawals are taken from the Contract on or prior to the GWB Adjustment Date (as defined below), then you will receive a GWB adjustment.   Tax-qualified plan Contract owners should consider the impact of Required Minimum Distributions on this benefit since any withdrawal from the Contract will void the GWB adjustment.

The GWB Adjustment Date is the later of:

The Contract Anniversary on or immediately following the Owner's (or oldest joint Owner's) 70 th   birthday (71 st birthday for endorsements issued before April 29, 2013 ) , Or

The 12 th Contract Anniversary (10 th Contract Anniversary for endorsements issued before April 29, 2013 ) following the effective date of this endorsement.

The GWB adjustment is determined as follows:

On the effective date of this endorsement, the GWB adjustment is equal to 200% of the GWB, subject to a maximum of $5,000,000.

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 200% of the sum of  i) the Premium payment net of any applicable Premium taxes, and ii) (for endorsements issued before April 29, 2013 ) any Contract Enhancement, subject to a maximum of $5,000,000.  (See Example s 4 and 5 in Appendix D under section “III.  LifeGuard Freedom 6 Net”.)

With each subsequent Premium received on or after 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 amount of the Premium payment, net of any applicable Premium taxes, plus (for endorsements issued before April 29, 2013 ) any Contract Enhancement, subject to a maximum of $5,000,000.  (See Example s 4 and 5 in Appendix D under section “III.  LifeGuard Freedom 6 Net”.)
 
If no withdrawals are taken on or prior to the GWB Adjustment Date, the GWB will be re-set on that date to equal the greater of the current GWB or the GWB adjustment.  No adjustments are made to the Bonus Base, the GMWB Earnings Determination Baseline or the Benefit Determination Baseline (explained below under “Step-up”).  Once the GWB is re-set, this GWB adjustment provision terminates.  In addition, if a withdrawal is taken on or before the GWB Adjustment Date, this GWB adjustment provision terminates without value.  (Please see example 13 in Appendix D under section “III.  LifeGuard Freedom 6 Net” for an illustration of this GWB adjustment provision.)
 
 
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Premiums.

With each subsequent Premium payment on the Contract
The GWB is recalculated, increasing by the amount of the Premium net of any applicable Premium taxes, plus (for endorsements issued before April 29, 2013 ) any Contract Enhancement.
 
 
If the Premium payment is received after the first withdrawal, the GAWA is also recalculated, increasing by:
 
   
The GAWA percentage multiplied by the sum of i) the subsequent Premium payment net of any applicable Premium taxes, and ii) (for endorsements issued before April 29, 2013 ) any Contract Enhancement; Or
 
   
The GAWA percentage multiplied by the increase in the GWB – if the maximum GWB is hit.

We require prior approval for a subsequent Premium payment that would result in your Contract having $1 million of Premiums in the aggregate.  We also reserve the right to refuse subsequent Premium payments.  The GWB can never be more than $5 million.  See Example s 4b and 5b in Appendix D under section “III.  LifeGuard Freedom 6 Net to see how the GWB is recalculated when the $5 million maximum is hit.

Step-up.  On each Contract Anniversary following the effective date of this GMWB, if the Contract Value is greater than the GWB, the GWB will be automatically re-set to the Contract Value (a “step-up”).  (See Examples 8 and 9 in Appendix D under section “III.  LifeGuard Freedom 6 Net.)

In addition to an increase in the GWB, a step-up allows for a potential increase in the GAWA percentage in the event that the step-up occurs after the first withdrawal.  The value used to determine whether the GAWA percentage will increase upon step-up is called the Benefit Determination Baseline (BDB).  The BDB equals initial Premium net of any applicable Premium taxes, plus (for endorsements issued before April 29, 2013 )   any Contract Enhancement, if elected at issue, or Contract Value, less (for endorsements issued on or after April 29, 2013 ) any recapture charges that would be assessed on a full withdrawal, if elected on a Contract Anniversary (subject to availability).

Upon step-up, if the Contract Value is greater than the BDB and the step-up occurs after the first withdrawal, the GAWA percentage will be re-determined based on the Owner's attained age.  If an age band is crossed, the GAWA percentage will be increased.  For example, assume an Owner was age 73 at the time of the first withdrawal resulting in, according to the table above, a GAWA percentage of 4.75% (5.00% with the Optional Income Upgrade) .  Also assume that, when the Owner is age 76, a step-up occurs and the Contract Value is greater than the BDB; in that case, the GAWA percentage will be re-determined based on the Owner's attained age of 76, resulting in a new GAWA percentage of 5.25% (5.50% with the Optional Income Upgrade) .

Upon step-up, if the Contract Value is not greater than the BDB, the GAWA percentage remains unchanged regardless of whether an age band has been crossed.

In the event that the Contract Value is greater than the BDB, the BDB is set equal to the Contract Value.  The purpose of this re-set is to increase the BDB that will be used to determine whether the GAWA percentage will increase upon a future step-up if an age band is crossed.

Withdrawals do not affect the BDB.  Subsequent Premium payments increase the BDB by the amount of the Premium net of any applicable Premium taxes, plus (for endorsements issued before April 29, 2013 ) any Contract Enhancement.  In addition, unlike the GWB, the BDB is not subject to any maximum amount.  Therefore, it is possible for the BDB to be more than $5 million.

 
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With a step-up
The GWB equals the Contract Value (subject to a $5 million maximum).
 
If the Contract Value is greater than the BDB prior to the step-up, then the BDB is set to equal the Contract Value (not subject to any maximum amount); and, if the step-up occurs after the first withdrawal, the GAWA percentage is recalculated based on the attained age of the Owner.
 
 
If there are joint Owners, the GAWA percentage is recalculated based on the oldest joint Owner.
 
 
The GAWA percentage will not be recalculated upon step-ups following Spousal Continuation.
 
For all Contracts to which this GMWB is added, if the step-up occurs after the first withdrawal, the GAWA is recalculated, equaling the greater of:
 
 
The GAWA percentage multiplied by the new GWB, Or
 
   
The GAWA prior to step-up.

PLEASE NOTE: Withdrawals from the Contract reduce the GWB and Contract Value but do not affect the BDB.  In the event of withdrawals, the BDB remains unchanged.  Therefore, because the Contract Value must be greater than the BDB prior to step-up in order for the GAWA percentage to increase, a GAWA percentage increase may become less likely when continuing withdrawals are made from the Contract.

Upon step-up on or after the 2nd Contract Anniversary, following the effective date of this GMWB, the GMWB charge may be increased, subject to the applicable maximum annual charge. You will be notified in advance of a GMWB Charge increase and may elect to discontinue the automatic step-ups.  Such election must be received in Good Order prior to the Contract Anniversary.  Please be aware that election to discontinue the automatic step-ups will also discontinue the application of the GWB bonus.  While electing to discontinue the automatic step-ups will prevent an increase in charge, discontinuing step-ups and, therefore, discontinuing application of the GWB bonus also means foregoing possible increases in your GWB and/or GAWA so carefully consider this decision should we notify you of a charge increase.  (Please see the “Bonus” subsection below for more information.)  Also know that you may subsequently elect to reinstate the step-up provision together with the GWB bonus provision at the then current GMWB Charge. All requests will be effective on the Contract Anniversary following receipt of the request in Good Order.

The GWB can never be more than $5 million with a step-up. However, the BDB is not subject to a $5 million maximum; therefore, it is still possible for the GAWA percentage to increase even when the GWB has hit its $5 million maximum because automatic step-ups still occur if the Contract Value is greater than the BDB.  For example, assume the GWB and BDB are equal to $5 million prior to a step-up.  Also assume that the GAWA percentage is 5% and the GAWA is $250,000.  If, at the time of step-up, the Contract Value is $6 million, a step-up will occur.  The GWB will remain at its maximum of $5 million but the BDB will be set equal to $6 million.  If an age band has been crossed and the GAWA percentage for the Owner’s attained age is 6%, then the GAWA will be equal to $300,000 (6% x $5 million).

Please consult the representative who helped you purchase your Contract to be sure if a step-up is right for you and about any increase in charges upon a step-up. Upon step-up, the applicable GMWB charge will be reflected in your confirmation.

Owner's Death.  The Contract's death benefit is not affected by this GMWB so long as Contract Value is greater than zero and the Contract is still in the accumulation phase.  Upon your death (or the first Owner's death with joint Owners) while the Contract is still in force, this GMWB terminates without value, unless continued by the surviving spouse.

Contract Value Is Zero.  With this GMWB, in the event the Contract Value is zero, the Owner will receive annual payments of the GAWA until the death of the Owner (or the death of any joint Owner), so long as the For Life Guarantee is in effect and the Contract is still in the accumulation phase.  The For Life Guarantee will remain in effect if the Contract Value is reduced to zero by adverse investment performance or permissible withdrawals, but will terminate if reduced to zero by an Excess Withdrawal.  If the For Life Guarantee is not in effect, the Owner will receive annual payments of the GAWA until the earlier of the death of the Owner (or the death of any joint Owner) or the date the GWB, if any, is depleted, so long as the Contract is still in the accumulation phase.  The last payment will not exceed the remaining GWB at the time of payment.  If the GAWA percentage has not yet been determined, it will be set at the GAWA percentage corresponding to the Owner's (or oldest joint Owner's) attained age at the time the Contract Value falls to zero and the GAWA will be equal to the GAWA percentage multiplied to the GWB.
 
 
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After each payment when the Contract Value is zero
The GWB is recalculated, equaling the greater of:
 
 
The GWB before the payment less the payment; Or
 
 
Zero.
 
 
The GAWA is unchanged.  At the end of each Contract Year, if the GWB is less than the GAWA and the For Life Guarantee is not in effect, the GAWA is set equal to the GWB.

Payments are made on the periodic basis you elect, but no less frequently than annually.  If you die, all rights under your Contract cease.  No subsequent Premium payments will be accepted.  All optional endorsements terminate without value and no death benefit is payable.

Spousal Continuation.  In the event of the Owner's death (or the first Owner's death with joint Owners), the Beneficiary who is the Owner's spouse may elect to:

Continue the Contract with this GMWB – so long as Contract Value is greater than zero, and the Contract is still in the accumulation phase.  (The date the spousal Beneficiary's election to continue the Contract is in Good Order is called the Continuation Date.)
 
   
Upon the Owner's death, the For Life Guarantee is void.
 
   
Only the GWB is payable while there is value to it (until depleted).
 
   
The GWB adjustment provision is void.
 
   
Step-Ups will continue as permitted in accordance with the step-up rules above.
 
   
Contract Anniversaries will continue to be based on the Contract's Issue Date.
 
   
If the GAWA percentage has not yet been determined, the GAWA percentage will be based on the original Owner's (or oldest joint Owner's) attained age on the continuation date.  The GAWA percentage will not change on future step-ups, even if the Contract Value exceeds the BDB.
 
   
The Latest Income Date is based on the age of the surviving spouse.  Please refer to “Annuitization” subsection below for information regarding the availability of the “Specified Period Income of the GAWA” option if the GWB has been continued by a spousal Beneficiary upon the death of the original Owner.
 
Continue the Contract without this GMWB (GMWB is terminated).
 
Add this GMWB to the Contract on any Contract Anniversary after the Continuation Date, subject to the Beneficiary's eligibility – if the spousal Beneficiary terminated the GMWB in continuing the Contract.

For more information about spousal continuation of a Contract, please see “Special Spousal Continuation Option” beginning on page 122.

Termination.  This GMWB terminates subject to a prorated GMWB Charge assessed for the period since the last quarterly or monthly charge and all benefits cease on the earliest of:

The Income Date;
 
The date of complete withdrawal of Contract Value (full surrender of the Contract);
 
   
In surrendering your Contract, you will receive the Contract Value less any applicable charges and adjustments and not the GWB or the GAWA you would have received under this GMWB.
 
Conversion of this GMWB (if conversion is permitted);
 
 
 
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The date of the Owner's death (or the first Owner's death with joint Owners), unless the Beneficiary who is the Owner's spouse elects to continue the Contract with the GMWB;
 
The Continuation Date if the spousal Beneficiary elects to continue the Contract without the GMWB; or
 
   
The date all obligations under this GMWB are satisfied after the Contract has been terminated.

Annuitization.

Life Income of GAWA.  On the Latest Income Date if the For Life Guarantee is in effect, the Owner may choose this income option instead of one of the other income options listed in the Contract.  This income option provides payments in a fixed dollar amount for the lifetime of the Owner (or, with joint Owners, the lifetime of joint Owner who dies first).  The total annual amount payable will equal the GAWA in effect at the time of election of this option.  This annualized amount will be paid in the frequency (no less frequently than annually) that the Owner selects.  No further annuity payments are payable after the death of the Owner (or the first Owner's death with joint Owners), and there is no provision for a death benefit payable to the Beneficiary.  Therefore, it is possible for only one annuity payment to be made under this Income Option if the Owner dies before the due date of the second payment.

If the GAWA percentage has not yet been determined, the GAWA percentage will be based on the Owner's (or oldest joint Owner's) attained age at the time of election of this option.  The GAWA percentage will not change after election of this option.

Specified Period Income of the GAWA.  On the Latest Income Date if the For Life Guarantee is not in effect, the Owner may choose this income option instead of one of the other income options listed in the Contract.  (This income option only applies if the GMWB has been continued by the spousal Beneficiary upon the death of the original Owner, in which case the spouse becomes the Owner of the Contract and the Latest Income Date is based on the age of the spouse.)

This income option provides payments in a fixed dollar amount for a specific number of years.  The actual number of years that payments will be made is determined on the calculation date by dividing the GWB by the GAWA.  Upon each payment, the GWB will be reduced by the payment amount.  The total annual amount payable will equal the GAWA but will never exceed the current GWB.  This annualized amount will be paid over the specific number of years in the frequency (no less frequently than annually) that the Owner selects.  If the Owner should die before the payments have been completed, the remaining payments will be made to the Beneficiary, as scheduled.

The “Specified Period Income of the GAWA” income option may not be available if the Contract is issued to qualify under Sections 401, 403, 408 or 457 of the Internal Revenue Code.  For such Contracts, this income option will only be available if the guaranteed period is less than the life expectancy of the spouse at the time the option becomes effective.

See “Guaranteed Minimum Withdrawal Benefit General Considerations” and “Guaranteed Minimum Withdrawal Benefit Important Special Considerations” beginning on page 52  for additional things to consider before electing a GMWB; when electing to annuitize your Contract after having purchased a GMWB; or when the Latest Income Date is approaching and you are thinking about electing or have elected a GMWB.

Effect of GMWB on Tax Deferral.  This GMWB may not be appropriate for Owners who have as a primary objective taking maximum advantage of the tax deferral that is available to them under an annuity contract to accumulate assets.  Please consult your tax and financial advisors before adding this GMWB to a Contract.

Bonus.  The primary purpose of the bonus is to act as an incentive for you to defer taking withdrawals.  A bonus equal to 6% of the Bonus Base (defined below) will be applied to the GWB at the end of each Contract Year within the Bonus Period (also defined below) if no withdrawals are taken during that Contract Year.  The bonus enables the GWB and GAWA to increase in a given Contract Year (even during a down market relative to your Contract Value allocated to the Investment Divisions).  The increase, however, may not equal the amount that your Contract Value has declined.  This description of the bonus feature is supplemented by the examples in Appendix D under section “III.  LifeGuard Freedom 6 Net, particularly example 10 .  The box below has more information about the bonus, including:
 
 
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How the bonus is calculated;
 
What happens to the Bonus Base (and bonus) with a withdrawal, Premium payment, and any step-up;
 
For how long the bonus is available; and
 
When and what happens when the bonus is applied to the GWB.

 
 
When this GMWB is added to the Contract, the Bonus Base equals the GWB.
 
 
With a withdrawal, if that withdrawal, and all prior withdrawals in the current Contract Year, exceeds the Earnings-Sensitive Adjustments during that Contract Year plus the greater of the GAWA or the RMD, as applicable, then the Bonus Base is set to the lesser of the GWB after, and the Bonus Base before, the withdrawal.  Otherwise, there is no adjustment to the Bonus Base with withdrawals.
 
     
All withdrawals count, including: systematic withdrawals; RMDs for certain tax-qualified Contracts; withdrawals of asset allocation and advisory fees; and free withdrawals under the Contract.
 
     
A withdrawal in a Contract Year during the Bonus Period (defined below) precludes a bonus for that Contract Year.
 
 
With a Premium payment, the Bonus Base increases by the amount of the Premium payment net of any applicable Premium taxes, plus (for endorsements issued before April 29, 2013 ) any Contract Enhancement.
 
 
With any step-up (if the GWB increases upon step-up), the Bonus Base is set to the greater of the GWB after, and the Bonus Base before, the step-up.
 
The Bonus Base can never be more than $5 million.
 
The bonus is applied at the end of each Contract Year during the Bonus Period, if there have been no withdrawals during that Contract Year.  Conversely, any withdrawal, including but not limited to systematic withdrawals and required minimum distributions, taken in a Contract Year during the Bonus Period causes the bonus not to be applied.
 
When the bonus is applied:
 
 
The GWB is recalculated, increasing by 6% of the Bonus Base.
 
 
If the Bonus is applied after the first withdrawal (in a prior year), the GAWA is then recalculated, equaling the greater of the GAWA percentage multiplied by the new GWB or the GAWA before the bonus.
 
Applying the bonus to the GWB does not affect the Bonus Base, GWB adjustment or BDB.
 
The Bonus is only available during the Bonus Period. The Bonus Period begins on the effective date of this GMWB endorsement.  In addition, the Bonus Period will re-start at the time the Bonus Base increases due to a step-up so long as the step-up occurs on or before the Contract Anniversary immediately following the Owner’s (if Joint Owners, the oldest Owner’s) 80th birthday.  (See example below.)
 
 
 
The tenth Contract Anniversary following (1) the effective date of the endorsement or (2) the most recent increase to the Bonus Base due to a step-up, if later; or
 
 
The date the Contract Value is zero.
 
The Bonus Base will continue to be calculated even after the Bonus Period expires.  Therefore, it is possible for the Bonus Period to expire and then re-start on a later Contract Anniversary if the Bonus Base increases due to a step-up.
 
 
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The purpose of the re-start provision is to extend the period of time over which the Owner is eligible to receive a bonus.  For example, assume this GMWB was added to a Contract on December 1, 2013 .  At that time, the bonus period is scheduled to expire on December 1, 2023 (which is the tenth Contract Anniversary following the effective date of the endorsement).  If a step-up increasing the Bonus Base occurs on the third Contract Anniversary following the effective date of the endorsement (December 1, 2016 ), and the Owner is younger than age 80, the Bonus Period will re-start and will be scheduled to expire on December 1, 2026 .  Further, assuming that the next Bonus Base increase due to a step-up does not occur until December 1, 2028 (which is two years after the Bonus Period in this example expired) and that the Owner is still younger than age 80 at that time, the Bonus Period would re-start on December 1, 2028 , and would be scheduled to expire on December 1, 2038 .  (Please also see Examples 8 and 9 in Appendix D under section “III.  LifeGuard Freedom 6 Net for more information regarding the re-start provision.)
 
Spousal continuation of a Contract with this GMWB does not affect the Bonus Period; Contract Anniversaries are based on the Contract's Issue Date.

Joint For Life Guaranteed Minimum Withdrawal Benefit With Bonus, Annual Step-Up And Earnings-Sensitive Withdrawal Amount (“LifeGuard Freedom 6 Net With Joint Option”).

PLEASE NOTE:  EFFECTIVE OCTOBER 15, 2012, THIS ENDORSEMENT IS CURRENTLY NO LONGER AVAILABLE TO ADD TO A CONTRACT.

This Guaranteed Minimum Withdrawal Benefit (GMWB) guarantees the withdrawal of a minimum annual amount for the duration of the life of the Owner and the Owner's spouse regardless of the performance of the underlying investment options, subject to the conditions described below.  This benefit may be appropriate for those individuals who are looking for a number of features, within a GMWB, that may offer a higher level of guarantee and who are seeking greater access to earnings to provide more income when the Contract performs well, without negatively impacting the guarantees.  By allowing the Owner and the Owner's spouse to add earnings to the amount of otherwise permissible withdrawals, referred to below as the Earnings-Sensitive Adjustment, he or she has the potential to take greater withdrawals and to receive the same after-tax withdrawal amount every Contract Year (assuming a 40% tax rate).

The following descriptions of this GMWB's features are supplemented by a basic example below and the examples in Appendix D under section “III.  LifeGuard Freedom 6 Net.  The guarantees of this GMWB are subject to the endorsement's terms, conditions, and limitations that are explained below.  Please consult the representative who is helping you purchase your Contract to be sure that this GMWB ultimately suits your needs.

Except as otherwise discussed below, the election of this GMWB under a non-tax-qualified contract requires the joint Owners to be spouses (as defined under the Internal Revenue Code) and each joint Owner is considered to be a “Covered Life.”   In such cases, the Owners cannot be subsequently changed (except in the limited circumstances discussed below), and new Owners cannot be added.  Upon the death of either joint Owner, the surviving joint Owner will be treated as the primary Beneficiary and all other Beneficiaries will be treated as contingent Beneficiaries.  The For Life Guarantee will not apply to these contingent Beneficiaries, as they are not Covered Lives.

This GMWB is available on a limited basis under non-qualified Contracts for certain kinds of legal entities, such as (i) custodial accounts where the spouses are the joint Annuitants and (ii) trusts where the spouses are the sole beneficial owners and joint Annuitants.  In these cases, the spouses are the Covered Lives, and the For Life Guarantee is based on the Annuitant's life who dies last.  We will allow changes (a) from joint individual ownership of non-qualified Contracts to ownership by the types of legal entities that we permit or (b) changes of ownership from such a legal entity to the Annuitants or to another such legal entity; however, we do not allow these ownership changes if they are a taxable event under the Code, and no changes of Annuitant subsequent to any such change are allowed. An Owner should seek the advice of tax counsel before considering an ownership change.

Tax-qualified Contracts cannot be issued to joint Owners and require the Owner and Annuitant to be the same person.  Under a tax-qualified Contract, the election of this GMWB requires the Owner and primary Beneficiary to be spouses (as defined in the Internal Revenue Code).  The Owner and only the primary spousal Beneficiary named at the election of this GMWB under a tax-qualified Contract will also each be considered a Covered Life, and these Covered Lives cannot be subsequently changed.

In certain circumstances we may permit the elimination of a joint Owner Covered Life or primary spousal Beneficiary Covered Life in the event of divorce.  In such cases, new Covered Lives may not be named.

For tax-qualified Contracts, the Owner and primary spousal Beneficiary cannot be changed while both are living.  If the Owner dies first, the primary spousal Beneficiary will become the Owner upon spousal continuation and he or she may name a Beneficiary; however, that Beneficiary is not considered a Covered Life.  Likewise, if the primary spousal Beneficiary dies first, the Owner may name a new Beneficiary; however, that Beneficiary is also not considered a Covered Life and consequently the For Life Guarantee will not apply to the new Beneficiary.
 
 
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This GMWB is also available on a limited basis under qualified custodial account contracts, pursuant to which the Annuitant and a Contingent Annuitant named at election of the GMWB must be spouses and will be the Covered Lives.  The only changes in these arrangements that we permit are that (i) the custodial owner may be changed or (ii) the ownership of the Contract may be transferred to the Annuitant if, at the same time as that transfer, the Contingent Annuitant is designated as the primary (spousal) Beneficiary.

For both non-qualified and tax-qualified Contracts, this GMWB guarantees withdrawals during the Contract's accumulation phase (i.e., before the Income Date), subject to the following:

This guarantee lasts for the duration of the life of the last surviving Covered Life (the "For Life Guarantee") if the For Life Guarantee is in effect;

The For Life Guarantee becomes effective on the Contract Anniversary on or immediately following the youngest Covered Life attaining the age of 59 1/2.  If the youngest Covered Life is 59 1/2 years old or older on the endorsement's effective date, then the For Life Guarantee is effective when this GMWB is added to the Contract.

If the For Life Guarantee is in effect, it will be terminated if a withdrawal exceeds the permissible amounts and reduces the Contract Value to zero.  (Please see the "Contract Value is Zero" subsection below to understand what happens when the Contract Value is reduced to zero.)  Otherwise, the For Life Guarantee remains effective until the date this GMWB endorsement is terminated or until the Continuation Date on which a spousal Beneficiary who is not a Covered Life continues this GMWB endorsement under spousal continuation.  Please see the “Termination” subsection below to understand under what conditions this GMWB endorsement and, accordingly, the For Life Guarantee can be terminated.

In addition, if the For Life Guarantee is not yet in effect, withdrawals that cause the Contract Value to reduce to zero void the For Life Guarantee.  See “Contract Value is Zero” below for more information.

If the For Life Guarantee is not in effect, the guarantee lasts until the earlier of (1) the date of the death of the last surviving Covered Life or (2) the date when all withdrawals under the Contract equal the Guaranteed Withdrawal Balance (GWB), without regard to Contract Value.
 
 
The GWB is the guaranteed amount available for future periodic withdrawals.
 
 
In the event of the last surviving Covered Life's death, a spousal Beneficiary who is not a Covered Life may continue this GMWB endorsement under spousal continuation.  In that event, the GWB is payable until depleted.  (Please see the “Spousal Continuation” subsection below for more information.)  If the Beneficiary is a non-spousal Beneficiary, the GWB is void and this endorsement is terminated; therefore, the death of the last surviving Covered Life may have a significant negative impact on the value of this GMWB endorsement and cause the endorsement to prematurely terminate.

There is a limit on withdrawals each Contract Year to keep the guarantees of this GMWB in full effect – the greater of the Guaranteed Annual Withdrawal Amount (GAWA) or, for certain tax-qualified Contracts, the required minimum distribution (RMD), plus the Earnings-Sensitive Adjustments during a Contract Year, if any.  Please see “Withdrawals” below for more information about the GAWA and Earnings-Sensitive Adjustments.  The withdrawals that exceed the limit are referred to as "Excess Withdrawals", as further described below, while those that do not exceed the limit are referred to as “permissible withdrawals” or “permissible amounts.”

This GMWB is available to Covered Lives 35 to 80 years old (proof of age is required and both Covered Lives must be within the eligible age range).  This GMWB may be added to a Contract on the Issue Date or on any Contract Anniversary (subject to availability), and cannot be canceled except by a spousal Beneficiary who is not a Covered Life, who, upon the Owner's death, may elect to continue the Contract without the GMWB.  To continue joint GMWB coverage upon the death of the Owner (or the death of either joint Owner of a non-qualified Contract), provided that the other Covered Life is still living, the Contract must be continued by election of Spousal Continuation.  Upon continuation, the spouse becomes the Owner and obtains all rights as the Owner.  If you want to elect this GMWB after the Contract Issue Date on a Contract Anniversary (subject to availability), we must receive a request in Good Order within 30 calendar days prior to the Contract Anniversary.  This GMWB is not available on a Contract that already has a GMWB (only one GMWB per Contract).

Availability of this GMWB may be subject to further limitation.
 
 
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Election.  The GWB depends on when this GMWB is added to the Contract, and the GAWA derives from the GWB.

When this GMWB is added to
the Contract on the Issue Date
The GWB equals initial Premium net of any applicable Premium taxes, plus any Contract Enhancement.
 
 
The GAWA is determined based on the youngest Covered Life's attained age at the time of first withdrawal and equals the GAWA percentage multiplied by the GWB prior to the withdrawal.  See the GAWA percentage table below.


When this GMWB is added to
the Contract on any Contract Anniversary
The GWB equals Contract Value.
 
The GAWA is determined based on the youngest Covered Life’s attained age at the time of first withdrawal and equals the GAWA percentage multiplied by the GWB prior to the withdrawal.  See the GAWA percentage table below.

Please note that while Contract Enhancements are effectively included in the GWB calculations at and after issue, potential recapture charges are not included at either time.   (See Example 2 in Appendix D under section “III.  LifeGuard Freedom 6 Net”.)   Recapture charges are imposed on withdrawals under this GMWB as explained under "More on Withdrawals" on page 82.

The GWB can never be more than $5 million (including upon step-up, the application of a GWB adjustment or the application of any bonus), and the GWB is reduced by each withdrawal.

PLEASE NOTE:  Upon the Owner's death, the For Life Guarantee is void unless this GMWB is continued by a spousal Beneficiary who is a Covered Life.  However, it is possible for this GMWB to be continued without the For Life Guarantee by a spousal Beneficiary who is not a Covered Life.  Please see the “Spousal Continuation” subsection below for more information.

Withdrawals.  The GAWA percentage and the GAWA are determined at the time of the first withdrawal.  The GAWA is equal to the GAWA percentage multiplied by the GWB prior to the withdrawal.  The GAWA percentage varies according to age group and is determined based on the youngest Covered Life's attained age at the time of the first withdrawal.  (In the examples in Appendix D and elsewhere in this prospectus we refer to this varying GAWA percentage structure as the “varying benefit percentage”.)

You may elect an Optional Income Upgrade Table for an additional charge (see “Joint For Life GMWB With Bonus, Annual Step-Up and Earnings-Sensitive Withdrawal Amount Charge” beginning on page 37).  The Optional Income Upgrade Table provides higher GAWA percentages for each age group as reflected in the tables below.

The GAWA percentages for each age group, depending on whether you elected the Optional Income Upgrade Table, are as follows:

Ages
Base GAWA% Table
Optional Income
Upgrade Table
35 – 64
3.75%
4.00%
65 – 69
4.25%
4.50%
70 – 74
4.75%
5.00%
75 – 80
5.75%
6.00%
81+
6.75%
7.00%


We reserve the right to prospectively change the GAWA percentages, including the age bands, on new GMWB endorsements.  We recommend you check with your representative to learn about the current level of the GAWA percentages, or contact us at our Annuity Service Center for more information.  Our contact information is on the first page of the prospectus. If we change the GAWA percentages described above, we will follow these procedures:
1) 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 prospectus update 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 127).
2) 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 prospectus update. 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.
In each case, the actual GAWA percentages will be reflected in your Contract endorsement.

In connection with a change of GAWA percentages, as described above, we may continue to offer the existing GAWA percentages, in effect prior to the change, as an Optional GAWA% table at an increased charge. The increased charge for this
 
 
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GMWB will not be greater than the maximum annual charge   shown in the charge tables, which in no event exceed s 3.00%. For the charges for each GMWB, please see the section for the applicable GMWB appearing under “Contract Charges” beginning on page 30. Also, please see the “Optional Endorsements” table under the “FEES AND EXPENSES TABLES” beginning on page 5. The Optional GAWA% table will maintain the GAWA percentages for each age group that were available before the change as reflected in the above table.  If we offer the Optional GAWA% table, the notice of change in the form of a prospectus update, that will be delivered to you, will describe both the change to the GAWA percentages, and the Optional GAWA% table and related charges. We reserve the right to prospectively change the GAWA percentages in the Optional GAWA% table, including the age bands, on new GMWB endorsements subject to the notices and procedures described above.

Withdrawals cause the GWB to be recalculated.  Withdrawals will also cause the GAWA to be recalculated if the withdrawal, plus all prior withdrawals in the current Contract Year, exceeds the greater of the GAWA or, for certain tax-qualified Contracts only, the RMD, plus the Earnings-Sensitive Adjustments during that Contract Year, if any.  In such case, the recalculation of the GAWA will occur whether or not the For Life Guarantee is in effect.  If the GWB is less than the GAWA at the end of any Contract Year and the For Life Guarantee is not in effect, the GAWA will be set equal to the GWB.  This may occur, when over time, payment of the guaranteed withdrawals is nearly complete, the For Life Guarantee is not in effect and the GWB has been depleted to a level below the GAWA. The tables below clarify what happens in each instance.  (Example 14 in Appendix D under section “III.  LifeGuard Freedom 6 Net demonstrates how withdrawals affect this GMWB's guaranteed values).  In addition, if the For Life Guarantee is not yet in effect, withdrawals that cause the Contract Value to reduce to zero void the For Life Guarantee.  See “Contract Value is Zero” below for more information.

(RMD denotes the required minimum distribution under the Internal Revenue Code for certain tax-qualified Contracts only.  There is no RMD for non-qualified Contracts.  For certain tax-qualified Contracts, this GMWB allows withdrawals greater than the GAWA plus the Earnings-Sensitive Adjustments during that Contract Year, if any, to meet the Contract's RMD (when the RMD is higher than the GAWA) without compromising the endorsement's guarantees.  Because the intervals for the GAWA and RMDs are different, namely Contract Years versus calendar years, and because RMDs are subject to other conditions and limitations, if your Contract is a tax-qualified Contract, then please see “RMD NOTES” under “Guaranteed Minimum Withdrawal Benefit Important Special Considerations” on page 52, for more information.

When a withdrawal, plus all prior withdrawals in the current Contract Year, is less than or equal to the greater of
the GAWA or RMD, plus the Earnings-Sensitive Adjustments during that Contract Year, if any
The GWB is recalculated, equaling the greater of:
 
 
The GWB before the withdrawal less the withdrawal; Or
 
 
Zero.
 
 
The GAWA is unchanged.

The GAWA is not reduced if all withdrawals during any one Contract Year do not exceed the greater of the GAWA or RMD, plus the Earnings-Sensitive Adjustments during that Contract Year, if any. The GAWA will be reduced at the end of a Contract Year to equal the GWB if the For Life Guarantee is not in effect and the GWB is nearly depleted, resulting in a GWB that is less than the GAWA.  You may withdraw the greater of the GAWA or RMD, plus the Earnings-Sensitive Adjustments during that Contract Year, if any, all at once or throughout the Contract Year.  Withdrawing less than the greater of the GAWA or RMD, plus the Earnings-Sensitive Adjustments, in a Contract Year does not entitle you to withdraw more than the greater of the GAWA or RMD, plus the Earnings-Sensitive Adjustments, in the next Contract Year.  The amount you may withdraw each Contract Year and not cause the GWB and GAWA to be recalculated does not accumulate.

Withdrawing more than the greater of the GAWA or RMD, plus the Earnings-Sensitive Adjustments, if any, in a Contract Year causes the GWB and GAWA to be recalculated (see below and Example 14c in Appendix D under section “III.  LifeGuard Freedom 6 Net).  In recalculating the GWB, the GWB could be reduced by more than the withdrawal amount.  The GAWA is also likely to be reduced.  Therefore, please note that withdrawing more than the greater of the GAWA or RMD, plus the Earnings-Sensitive Adjustments, if any in a Contract Year may have a significantly negative impact on the value of this benefit.
 
 
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When a withdrawal, plus all prior withdrawals in the current Contract Year, exceeds the greater of the GAWA or RMD,  plus the Earnings-Sensitive Adjustments during that Contract Year, if any -
The GWB is recalculated, equaling the greater of:
 
 
The GWB prior to the withdrawal, first reduced dollar-for-dollar for any portion of the withdrawal not defined as an Excess Withdrawal (see below), then reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal; Or
 
 
Zero.
 
 
   
The GAWA prior to the withdrawal is reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal.

The Excess Withdrawal is defined to be the lesser of:

The total amount of the current withdrawal, or

The amount by which the cumulative withdrawals for the current Contract Year (including the current withdrawal) exceeds the greater of the GAWA or the RMD, plus the Earnings-Sensitive Adjustments during that Contract Year, if any.

How the Earnings-Sensitive Adjustment works:  As previously stated, the Earnings-Sensitive Adjustment is an amount that the Owner may be allowed to withdraw each Contract Year in addition to the GAWA while keeping the guarantees of this GMWB fully effective.  An Earnings-Sensitive Adjustment calculation is done for each withdrawal taken and the amount, if any, depends on the withdrawal amount and the GMWB Earnings at the time of the withdrawal.  A withdrawal under the Contract that includes an Earnings-Sensitive Adjustment will reduce Contract Value and other values in the same manner as any other withdrawal.

When determining the amount of permissible withdrawals, the formula for this GMWB takes into account two additional factors in computing the Earnings-Sensitive Adjustment (the additional permissible amount attributable to earnings) after all the other standard values such as the GAWA and GWB used in all GMWB endorsements are determined.  The Guaranteed Withdrawal Balance Adjustment is also determined in the same manner without any special computational factors.  Thus, this GMWB is similar to all other GMWBs except with regard to calculating the amount of permissible withdrawals.

The first concept used is the Maximum Eligible Withdrawal Amount Remaining (MEWAR), which is the maximum withdrawal amount (before the application of any Earnings-Sensitive Adjustment) that is eligible for the Earnings-Sensitive Adjustment at a given time.  At any time, the MEWAR is the greater of:

 
1.
Zero; or
 
2.
The amount equal to:
 
 
a.     the amount of previous Earnings-Sensitive Adjustments in the current Contract Year; plus,
 
 
b.     the greater of the GAWA or the RMD; less
 
 
c.     all withdrawals previously made in the current Contract Year, including Earnings-Sensitive Adjustments.
 
The second concept relates to determining what the eligible earnings (GMWB Earnings) were. This involves a calculation that provides that at any time, GMWB Earnings are the greater of:

 
1.
Zero; or
 
2.
The Contract Value minus the GMWB Earnings Determination Baseline.

The GMWB Earnings Determination Baseline is determined as follows:  The GMWB Earnings Determination Baseline is equal to the Premium, net of any applicable Premium taxes, if elected at issue, or Contract Value less any recapture charges that would be assessed on a full withdrawal, if elected on a Contract Anniversary (subject to availability).

With each subsequent Premium received after the Contract Issue Date, the GMWB Earnings Determination Baseline is recalculated to equal the GMWB Earnings Determination Baseline prior to the Premium payment plus the amount of the Premium payment, net of any applicable Premium taxes.

With each withdrawal, the GMWB Earnings Determination Baseline is recalculated to equal the greater of:

 
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1.
Zero; or
 
2.
GMWB Earnings Determination Baseline prior to the withdrawal less the greater of:
 
 
a.     the withdrawal amount less the GMWB Earnings at the time of the withdrawal; or
 
 
b.     zero.
 
In determining the GMWB Earnings and the GMWB Earnings Determination Baseline, the formulas utilize the greater of zero, which serves to limit negative earnings results from affecting the calculations.

Withdrawals exceeding the permissible amount do not invalidate the For Life Guarantee if the Contract Value remains greater than zero, but cause the GWB and GAWA to be recalculated.

Earnings-Sensitive Adjustment as applied:

If the For Life Guarantee is in effect at the time of the withdrawal, the Earnings-Sensitive Adjustment is equal to the lesser of:

 
1.
40% of the GMWB Earnings at the time of the withdrawal; or
 
2.
2/3 of the lesser of the MEWAR and the withdrawal amount prior to any Earnings-Sensitive Adjustment.

If the For Life Guarantee is not in effect at the time of the withdrawal, the Earnings-Sensitive Adjustment is equal to the lesser of:

 
1.
40% of the GMWB Earnings at the time of withdrawal;
 
2.
2/3 of the lesser of the MEWAR and the withdrawal amount prior to any Earnings-Sensitive Adjustment; or
 
3.
The greater of:
 
 
a.     zero; or
 
 
b.     the GWB less the MEWAR.
 
Example:  For an example of a contract that makes basic simple assumptions to show how this Earnings-Sensitive Adjustment provision and its various components (i.e., GMWB Earnings, MEWAR, GMWB Earnings Determination Baseline, etc.) work, assume that you request the maximum permissible withdrawal, including an Earnings Sensitive Adjustment, if any.  At the time of your withdrawal request, also assume that:

·
You and your spouse are age 65
·
You have a non-qualified Contract (so there is no applicable RMD)
·
Your initial Premium payment was $100,000
·
You have not made any additional Premium payments or any withdrawals in the prior Contract Years or the current Contract Year
·
The For Life Guarantee is in effect
   
·
Your GWB is $100,000
·
Your GAWA percentage is 5%
·
Your GAWA is $5,000
·
Your Contract Value is $108,000
 
Your GMWB Earnings Determination Baseline prior to the withdrawal is equal to your initial sole Premium payment of  $100,000.  Since you have not taken other withdrawals and, therefore, there have been no previous Earnings-Sensitive Adjustments during the current Contract Year, the MEWAR is $5,000 (which is the greater of: zero, or the Earnings-Sensitive Adjustments thus far in the current Contract Year ($0) plus the GAWA ($5,000) less all partial withdrawals thus far in the current Contract year ($0)) ($0 + $5,000 - $0 = $5,000).  As there have been no previous withdrawals taken in the current Contract Year, the MEWAR in this example equals the GAWA.

Your GMWB Earnings in this example are equal to $8,000, which is the greater of: zero, or your Contract Value less your GMWB Earnings Determination Baseline ($108,000 - $100,000 = $8,000).  The Earnings-Sensitive Adjustment is equal to $3,200, which is the lesser of two amounts: $3,200, which is equal to 40% of the GMWB Earnings (0.40 * $8,000 = $3,200); and $3,333, which is equal to 2/3 of the lesser of the MEWAR and the withdrawal amount prior to the Earnings-Sensitive Adjustment (2/3 * $5,000 = $3,333).  The total withdrawal amount requested in this example, therefore, is $8,200, which is the MEWAR plus the Earnings-Sensitive Adjustment ($5,000 + $3,200 = $8,200).

Going forward adjustments are made to your various GMWB values and demonstrated by using the same assumptions as this example. Your Contract Value after the withdrawal is equal to $99,800, which is the Contract Value prior to the withdrawal less the total withdrawal amount ($108,000 - $8,200 = $99,800).  Your GMWB Earnings Determination Baseline after the withdrawal is also equal to $99,800, which is the GMWB Earnings Determination Baseline prior to the withdrawal ($100,000) reduced by the greater of: the withdrawal amount in excess of the GMWB Earnings ($8,200 - $8,000 = $200), or zero.  Your MEWAR after the withdrawal is equal to $0, which is the greater of: zero, or the Earnings-Sensitive Adjustments thus far in the current Contract Year plus the GAWA less all withdrawals thus far in the current Contract Year ($3,200 + $5,000 - $8,200 = 0).  Your GWB after the withdrawal is equal to $91,800, which is the GWB before the withdrawal less the total withdrawal ($100,000 - $8,200 = $91,800).
 
 
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Since the total withdrawals for the year do not exceed the total Earnings-Sensitive Adjustments for the current Contract Year ($3,200) plus the GAWA ($5,000), no proportional reduction applies to your GWB for this withdrawal.  In addition, since the total withdrawals for the year do not exceed the total Earnings-Sensitive Adjustments for the current Contract Year ($3,200) plus the GAWA ($5,000), your GAWA is unchanged after the withdrawal.

For more examples showing how the Earnings-Sensitive Adjustment provision works, including an example involving an Excess Withdrawal, please see Example 14 in Appendix D under section “III.  LifeGuard Freedom 6 Net.

More on Withdrawals:  Withdrawals under this GMWB are assumed to be the total amount deducted from the Contract Value, including any withdrawal charges, recapture charges and other charges or adjustments.  Any withdrawals from Contract Value allocated to a Fixed Account Option may be subject to an Interest Rate Adjustment.  For more information, please see “The Fixed Account” beginning on page 13.  Withdrawals may be subject to a recapture charge on any Contract Enhancement.  Withdrawals in excess of free withdrawals may be subject to a withdrawal charge.

Withdrawals under this GMWB are considered the same as any other withdrawals for the purposes of calculating any other values under the Contract and any other endorsements (for example, the Contract's death benefit).  All withdrawals count toward the total amount withdrawn in a Contract Year, including systematic withdrawals, RMDs for certain tax-qualified Contracts, withdrawals of asset allocation and advisory fees, and free withdrawals under the Contract.  They are subject to the same restrictions and processing rules as described in the Contract.  They are also treated the same for federal income tax purposes.  For more information about tax-qualified and non-qualified Contracts, please see “TAXES” beginning on page 123.

If the age of any Covered Life is incorrectly stated at the time of election of the GMWB, on the date the misstatement is discovered, the GWB and the GAWA will be recalculated based on the GAWA percentage applicable at the correct age.  Any future GAWA percentage recalculation will be based on the correct age.  If the age at election of either Covered Life falls outside the allowable age range, the GMWB will be null and void and all GMWB charges will be refunded.

Withdrawals made under section 72(t) or section 72(q) of the Code are not considered RMDs for purposes of preserving the guarantees under this GMWB.  Such withdrawals that exceed the GAWA will have the same effect as any withdrawal or excess withdrawal as described above and, consistent with that description, may cause a significant negative impact to your benefit.

Guaranteed Withdrawal Balance Adjustment.  If no withdrawals are taken from the Contract on or prior to the GWB Adjustment Date (as defined below), then you will receive a GWB adjustment.   Tax-qualified plan Contract owners should consider the impact of Required Minimum Distributions on this benefit since any withdrawal from the Contract will void the GWB adjustment.

The GWB Adjustment Date is the later of:

The Contract Anniversary on or immediately following the youngest Covered Life's 82nd birthday, Or

The 10th Contract Anniversary following the effective date of this endorsement.

The GWB adjustment is determined as follows:

On the effective date of this endorsement, the GWB adjustment is equal to 200% of the GWB, subject to a maximum of $5,000,000.
 
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 200% of the sum of i) the Premium payment net of any applicable Premium taxes, and ii) any Contract Enhancement, subject to a maximum of $5,000,000.  (See Example 5 in Appendix D under section “III.  LifeGuard Freedom 6 Net.)

With each subsequent Premium received on or after 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 amount of the Premium payment, net of any applicable Premium taxes, plus any Contract Enhancement subject to a maximum of $5,000,000.  (See Example 5 in Appendix D under section “III.  LifeGuard Freedom 6 Net.)

If no withdrawals are taken on or prior to the GWB Adjustment Date, the GWB will be re-set on that date to equal the greater of the current GWB or the GWB adjustment.  No adjustments are made to the Bonus Base, the GMWB Earnings Determination Baseline or the Benefit Determination Baseline (explained below under “Step-up”).  Once the GWB is re-set, this GWB adjustment provision terminates.  In addition, if a withdrawal is taken on or before the GWB Adjustment Date, this GWB adjustment provision terminates without value.  (Please see example 13 in Appendix D under section “III.  LifeGuard Freedom 6 Net for an illustration of this GWB adjustment provision.)
 
 
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Premiums.

With each subsequent Premium payment on the Contract
The GWB is recalculated, increasing by the amount of the Premium net of any applicable Premium taxes, plus any Contract Enhancement.
 
If the Premium payment is received after the first withdrawal, the GAWA is also recalculated, increasing by:
 
 
The GAWA percentage multiplied by the sum of i) the subsequent Premium payment net of any applicable Premium taxes, and ii) any Contract Enhancement; Or
   
The GAWA percentage multiplied by the increase in the GWB – if the maximum GWB is hit.

We require prior approval for a subsequent Premium payment that would result in your Contract having $1 million of Premiums in the aggregate.  We also reserve the right to refuse subsequent Premium payments.  The GWB can never be more than $5 million.  See Example 5b in Appendix D under section “III.  LifeGuard Freedom 6 Net” to see how the GWB is recalculated when the $5 million maximum is hit.

Step-up.  On each Contract Anniversary following the effective date of this GMWB, if the Contract Value is greater than the GWB, the GWB will be automatically re-set to the Contract Value (a “step-up”).  (See Examples 8 and 9 in Appendix D under section “III.  LifeGuard Freedom 6 Net.)

In addition to an increase in the GWB, a step-up allows for a potential increase in the GAWA percentage in the event that the step-up occurs after the first withdrawal.  The value used to determine whether the GAWA percentage will increase upon step-up is called the Benefit Determination Baseline (BDB).  The BDB equals initial Premium net of any applicable Premium taxes, plus any Contract Enhancement, if elected at issue, or Contract Value, if elected on a Contract Anniversary (subject to availability).

Upon step-up, if the Contract Value is greater than the BDB and the step-up occurs after the first withdrawal, the GAWA percentage will be re-determined based on the youngest Covered Life's attained age.  If an age band is crossed, the GAWA percentage will be increased.  For example, assume the youngest Covered Life was age 73 at the time of the first withdrawal resulting in, according to the table above, a GAWA percentage of 4.75% (5.00% with the Optional Income Upgrade) .  Also assume that, when the youngest Covered Life is age 76, a step-up occurs and the Contract Value is greater than the BDB; in that case, the GAWA percentage will be re-determined based on the youngest Covered Life's attained age of 76, resulting in a new GAWA percentage of 5.75% (6.00% with the Optional Income Upgrade) .

Upon step-up, if the Contract Value is not greater than the BDB, the GAWA percentage remains unchanged regardless of whether an age band has been crossed.

In the event that the Contract Value is greater than the BDB, the BDB is set equal to the Contract Value.  The purpose of this re-set is to increase the BDB that will be used to determine whether the GAWA percentage will increase upon a future step-up if an age band is crossed.

Withdrawals do not affect the BDB.  Subsequent Premium payments increase the BDB by the amount of the Premium net of any applicable Premium taxes, plus any Contract Enhancement.  In addition, unlike the GWB, the BDB is not subject to any maximum amount.  Therefore, it is possible for the BDB to be more than $5 million.

 
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With a step-up
The GWB equals the Contract Value (subject to a $5 million maximum).
 
If the Contract Value is greater than the BDB prior to the step-up, then the BDB is set to equal the Contract Value (not subject to any maximum amount); and, if the step-up occurs after the first withdrawal, the GAWA percentage is recalculated based on the attained age of the youngest Covered Life.
 
 
The GAWA percentage will not be recalculated upon step-ups following Spousal Continuation if the spouse electing Spousal Continuation is not a Covered Life.
 
For all Contracts to which this GMWB is added, if the step-up occurs after the first withdrawal, the GAWA is recalculated, equaling the greater of:
 
 
The GAWA percentage multiplied by the new GWB, Or
 
   
The GAWA prior to step-up.

PLEASE NOTE: Withdrawals from the Contract reduce the GWB and Contract Value but do not affect the BDB.  In the event of withdrawals, the BDB remains unchanged.  Therefore, because the Contract Value must be greater than the BDB prior to step-up in order for the GAWA percentage to increase, a GAWA percentage increase may become less likely when continuing withdrawals are made from the Contract.

Upon step-up on or after the 2nd Contract Anniversary following the effective date of this GMWB, the GMWB charge may be increased, subject to the maximum annual charge of 3.00%.  You will be notified in advance of a GMWB Charge increase and may elect to discontinue the automatic step-ups.  Such election must be received in Good Order prior to the Contract Anniversary.  Please be aware that election to discontinue the automatic step-ups will also discontinue the application of the GWB bonus.  While electing to discontinue the automatic step-ups will prevent an increase in charge, discontinuing step-ups and, therefore, discontinuing application of the GWB bonus also means foregoing possible increases in your GWB and/or GAWA so carefully consider this decision should we notify you of a charge increase.  (Please see the “Bonus” subsection below for more information.)  Also know that you may subsequently elect to reinstate the step-up provision together with the GWB bonus provision at the then current GMWB Charge.  All requests will be effective on the Contract Anniversary following receipt of the request in Good Order.

The GWB can never be more than $5 million with a step-up.  However, the BDB is not subject to a $5 million maximum; therefore, it is still possible for the GAWA percentage to increase even when the GWB has hit its $5 million maximum because automatic step-ups still occur if the Contract Value is greater than the BDB.  For example, assume the GWB and BDB are equal to $5 million prior to a step-up.  Also assume that the GAWA percentage is 5% and the GAWA is $250,000.  If, at the time of step-up, the Contract Value is $6 million, a step-up will occur.  The GWB will remain at its maximum of $5 million but the BDB will be set equal to $6 million.  If an age band has been crossed and the GAWA percentage for the youngest Covered Life’s attained age is 6%, then the GAWA will be equal to $300,000 (6% x $5 million).

Please consult the representative who helped you purchase your Contract to be sure if a step-up is right for you and about any increase in charges upon a step-up. Upon step-up, the applicable GMWB charge will be reflected in your confirmation.

Owner's Death.  The Contract's death benefit is not affected by this GMWB so long as Contract Value is greater than zero and the Contract is still in the accumulation phase.  Upon the death of the sole Owner of a qualified Contract or the death of either joint Owner of a non-qualified Contract while the Contract is still in force, this GMWB terminates without value, unless continued by the surviving spouse.  Please see the information beginning on page 76 regarding the required ownership and beneficiary structure under both qualified and non-qualified Contracts when selecting this Joint For Life GMWB With Bonus, Annual Step-Up and Earnings-Sensitive Withdrawal Amount benefit.

Contract Value Is Zero.  With this GMWB, in the event the Contract Value is zero, the Owner will receive annual payments of the GAWA until the death of the last surviving Covered Life, so long as the For Life Guarantee is in effect and the Contract is still in the accumulation phase.  The For Life Guarantee will remain in effect if the Contract Value is reduced to zero by adverse investment performance or permissible withdrawals, but will terminate if reduced to zero by an Excess Withdrawal.  If the For Life Guarantee is not in effect, the Owner will receive annual payments of the GAWA until the earlier of the death of the Owner (or the death of any joint Owner) or the date the GWB, if any, is depleted, so long as the Contract is still in the accumulation phase.  The last payment will not exceed the remaining GWB at the time of payment.  If the GAWA percentage has not yet been determined, it will be set at the GAWA percentage corresponding to the youngest Covered Life's attained age at the time the Contract Value falls to zero and the GAWA will be equal to the GAWA percentage multiplied to the GWB.
 
 
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After each payment when the Contract
Value is zero
The GWB is recalculated, equaling the greater of:
 
 
The GWB before the payment less the payment; Or
 
Zero.
 
 
The GAWA is unchanged. At the end of each Contract Year, if the GWB is less than the GAWA and the For Life Guarantee is not in effect, the GAWA is set equal to the GWB.

Payments are made on the periodic basis you elect, but no less frequently than annually.  Upon death of the last surviving Covered Life, all rights under the Contract cease.  No subsequent Premium payments will be accepted.  All optional endorsements terminate without value and no death benefit is payable.

Spousal Continuation.  In the event of the Owner's (or either joint Owner's) death, the surviving spousal Beneficiary may elect to:


Continue the Contract with this GMWB – so long as Contract Value is greater than zero, and the Contract is still in the accumulation phase.  (The date the spousal Beneficiary's election to continue the Contract is in Good Order is called the Continuation Date.)
 
   
If the surviving spouse is a Covered Life, then the For Life Guarantee remains effective on and after the Continuation Date.
 
If the surviving spouse is not a Covered Life, the For Life Guarantee is null and void.  However, the surviving spouse will be entitled to make withdrawals until the GWB is exhausted.
 
   
For a surviving spouse who is a Covered Life, continuing the Contract with this GMWB is necessary to be able to fully realize the benefit of the For Life Guarantee.  The For Life Guarantee is not a separate guarantee and only applies if the related GMWB has not terminated.
 
   
If the surviving spouse is a Covered Life and a GWB adjustment provision is in force on the continuation date then the provision will continue to apply in accordance with the applicable GWB adjustment provision rules above.  The GWB adjustment date will continue to be based on the original effective date of the endorsement or the youngest Covered Life's attained age, as applicable.
 
If the surviving spouse is not a Covered Life, any GWB adjustment is null and void.
 
   
Step-Ups will continue as permitted in accordance with the step-up rules above.
 
New GAWA percentages will continue to be determined in accordance with the step-up rules above if the continuing spouse is a Covered Life.  No such new GAWA percentages will be determined subsequent to continuation by a spouse who is not a Covered Life.
 
   
Contract Anniversaries will continue to be based on the Contract's Issue Date.
 
   
If the surviving spouse is a Covered Life, the GAWA percentage will continue to be calculated and/or recalculated based on the youngest Covered Life's attained age.
 
   
If the surviving spouse is not a Covered Life and if the GAWA percentage has not yet been determined, the GAWA percentage will be based on the youngest Covered Life's attained age on the continuation date.  The GAWA percentage will not change on future step-ups.
 
   
The Latest Income Date is based on the age of the surviving spouse.  Please refer to “Annuitization” subsection below for information regarding the additional Income Options available on the Latest Income Date.
 
   
A new joint Owner may not be added in a non-qualified Contract if a surviving spouse continues the Contract.
 

 
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Continue the Contract without this GMWB (GMWB is terminated) if the surviving spouse is not a Covered Life.  Thereafter, no GMWB charge will be assessed.  If the surviving spouse is a Covered Life, the Contract cannot be continued without this GMWB.


For more information about spousal continuation of a Contract, please see “Special Spousal Continuation Option” beginning on page 122.

Termination.  This GMWB terminates subject to a prorated GMWB Charge assessed for the period since the last quarterly or monthly charge and all benefits cease on the earliest of:

The Income Date;
 
The date of complete withdrawal of Contract Value (full surrender of the Contract);
 
 
   
In surrendering your Contract, you will receive the Contract Value less any applicable charges and adjustments and not the GWB or the GAWA you would have received under this GMWB.
 
 
Conversion of this GMWB (if conversion is permitted);
 
The date of death of the Owner (or either joint Owner), unless the Beneficiary who is the Owner's spouse elects to continue the Contract with the GMWB (continuing the Contract with this GMWB is necessary to be able to fully realize the benefit of the For Life Guarantee if the surviving spouse is a Covered Life);
 
The Continuation Date on a Contract if the spousal Beneficiary, who is not a Covered Life, elects to continue the Contract without the GMWB; or
 
The date all obligations under this GMWB are satisfied after the Contract has been terminated.

Annuitization.

Joint Life Income of GAWA.  On the Latest Income Date if the For Life Guarantee is in effect, the Owner may choose this income option instead of one of the other income options listed in the Contract.  This income option provides payments in a fixed dollar amount for the lifetime of last surviving Covered Life.  The total annual amount payable will equal the GAWA in effect at the time of election of this option.  This annualized amount will be paid in the frequency (no less frequently than annually) that the Owner selects.  No further annuity payments are payable after the death of the last surviving Covered Life, and there is no provision for a death benefit payable to the Beneficiary.  Therefore, it is possible for only one annuity payment to be made under this Income Option if both Covered Lives die before the due date of the second payment.

If the GAWA percentage has not yet been determined, the GAWA percentage will be based on the youngest Covered Life's attained age at the time of election of this option.  The GAWA percentage will not change after election of this option.

Specified Period Income of the GAWA.  On the Latest Income Date if the For Life Guarantee is not in effect, the Owner may choose this income option instead of one of the other income options listed in the Contract.  (This income option only applies if the GMWB has been continued by the spousal Beneficiary and the spousal Beneficiary is not a Covered Life in which case the spouse becomes the Owner of the Contract and the Latest Income Date is based on the age of the spouse.)

This income option provides payments in a fixed dollar amount for a specific number of years.  The actual number of years that payments will be made is determined on the calculation date by dividing the GWB by the GAWA.  Upon each payment, the GWB will be reduced by the payment amount.  The total annual amount payable will equal the GAWA but will never exceed the current GWB.  This annualized amount will be paid over the specific number of years in the frequency (no less frequently than annually) that the Owner selects.  If the Owner should die before the payments have been completed, the remaining payments will be made to the Beneficiary, as scheduled.

The “Specified Period Income of the GAWA” income option may not be available if the Contract is issued to qualify under Sections 401, 403, 408 or 457 of the Internal Revenue Code.  For such Contracts, this income option will only be available if the guaranteed period is less than the life expectancy of the spouse at the time the option becomes effective.
 
 
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See “Guaranteed Minimum Withdrawal Benefit General Considerations” and “Guaranteed Minimum Withdrawal Benefit Important Special Considerations” beginning on page 52 for additional things to consider before electing a GMWB; when electing to annuitize your Contract after having purchased a GMWB; or when the Latest Income Date is approaching and you are thinking about electing or have elected a GMWB.

Effect of GMWB on Tax Deferral.  This GMWB may not be appropriate for Owners who have as a primary objective taking maximum advantage of the tax deferral that is available to them under an annuity contract to accumulate assets.  Please consult your tax and financial advisors before adding this GMWB to a Contract.

Bonus.  The primary purpose of the bonus is to act as an incentive for you to defer taking withdrawals.  A bonus equal to 6% of the Bonus Base (defined below) will be applied to the GWB at the end of each Contract Year within the Bonus Period (also defined below) if no withdrawals are taken during that Contract Year.  The bonus enables the GWB and GAWA to increase in a given Contract Year (even during a down market relative to your Contract Value allocated to the Investment Divisions).  The increase, however, may not equal the amount that your Contract Value has declined.  This description of the bonus feature is supplemented by the examples in Appendix D under section “III.  LifeGuard Freedom 6 Net, particularly example 10 .  The box below has more information about the bonus, including:

How the bonus is calculated;
 
What happens to the Bonus Base (and bonus) with a withdrawal, Premium payment, and any step-up;
 
For how long the bonus is available; and
 
When and what happens when the bonus is applied to the GWB.

 
 
When this GMWB is added to the Contract, the Bonus Base equals the GWB.
 
 
With a withdrawal, if that withdrawal, and all prior withdrawals in the current Contract Year, exceeds the Earnings-Sensitive Adjustments during that Contract Year plus the greater of the GAWA or the RMD, as applicable, then the Bonus Base is set to the lesser of the GWB after, and the Bonus Base before, the withdrawal.  Otherwise, there is no adjustment to the Bonus Base with withdrawals.
 
     
All withdrawals count, including: systematic withdrawals; RMDs for certain tax-qualified Contracts; withdrawals of asset allocation and advisory fees; and free withdrawals under the Contract.
     
A withdrawal in a Contract Year during the Bonus Period (defined below) precludes a bonus for that Contract Year.
 
 
With a Premium payment, the Bonus Base increases by the amount of the Premium payment net of any applicable Premium taxes, plus  any Contract Enhancement.
 
 
With any step-up (if the GWB increases upon step-up), the Bonus Base is set to the greater of the GWB after, and the Bonus Base before, the step-up.
 
The Bonus Base can never be more than $5 million.
 
The bonus is applied at the end of each Contract Year during the Bonus Period, if there have been no withdrawals during that Contract Year.  Conversely, any withdrawal, including but not limited to systematic withdrawals and required minimum distributions, taken in a Contract Year during the Bonus Period causes the bonus not to be applied.
 
When the bonus is applied:
 
 
The GWB is recalculated, increasing by 6% of the Bonus Base.
 
 
If the Bonus is applied after the first withdrawal (in a prior year), the GAWA is then recalculated, equaling the greater of the GAWA percentage multiplied by the new GWB or the GAWA before the bonus.
 
Applying the bonus to the GWB does not affect the Bonus Base, GWB adjustment or BDB.
 
 
 
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The Bonus is only available during the Bonus Period.  The Bonus Period begins on the effective date of this GMWB endorsement.  In addition, the Bonus Period will re-start at the time the Bonus Base increases due to a step-up so long as the step-up occurs on or before the Contract Anniversary immediately following the youngest Covered Life's 80th birthday.  (See example below.)
 
 
 
The tenth Contract Anniversary following (1) the effective date of the endorsement or (2) the most recent increase to the Bonus Base due to a step-up, if later; or
 
 
The date the Contract Value is zero.
 
The Bonus Base will continue to be calculated even after the Bonus Period expires.  Therefore, it is possible for the Bonus Period to expire and then re-start on a later Contract Anniversary if the Bonus Base increases due to a step-up.
 
The purpose of the re-start provision is to extend the period of time over which the Owner is eligible to receive a bonus.  For example, assume this GMWB was added to a Contract on December 1, 2013 .  At that time, the bonus period is scheduled to expire on December 1, 2023 (which is the tenth Contract Anniversary following the effective date of the endorsement).  If a step-up increasing the Bonus Base occurs on the third Contract Anniversary following the effective date of the endorsement (December 1, 2016 ), and the youngest Covered Life is younger than age 80, the Bonus Period will re-start and will be scheduled to expire on December 1, 2026 .  Further, assuming that the next Bonus Base increase due to a step-up does not occur until December 1, 2028 (which is two years after the Bonus Period in this example expired) and that the youngest Covered Life is still younger than age 80 at that time, the Bonus Period would re-start on December 1, 2028 , and would be scheduled to expire on December 1, 2038 .  (Please also see Examples 8 and 9 in Appendix D under section “III.  LifeGuard Freedom 6 Net for more information regarding the re-start provision.)
 
Spousal continuation of a Contract with this GMWB does not affect the Bonus Period; Contract Anniversaries are based on the Contract's Issue Date.

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”).

PLEASE NOTE:  THE JOINT OPTION AND QUARTERLY STEP-UPS ARE NO LONGER AVAILABLE TO ADD TO A CONTRACT.

These are Guaranteed Minimum Withdrawal Benefits (GMWBs) that guarantee the withdrawal of minimum annual amounts for the duration of the life of the Owner (or, in the case of joint Owners, until the death of any joint Owner) and, if for two Covered Lives,* until the death of the Owner and the Owner’s spouse.  The amount of withdrawals that you can make will depend on how you combine the many optional features under these GMWBs, but we guarantee the minimum annual withdrawal amount regardless of the performance of the underlying investment options.

* LifeGuard Freedom Flex GMWB with Joint Option provides for coverage for the life of the Owner and Owner’s spouse (“Covered Lives”).  In the case of tax-qualified Contracts owned by a natural person, the Owner and the primary spousal Beneficiary named as of the effective date of this endorsement will each be considered a Covered Life. On non-qualified LifeGuard Freedom Flex GMWB with Joint Option Contracts owned by natural persons, the spousal joint Owners will each be considered a Covered Life.

These GMWBs permit, prior to being added to the Contract, a selection among combinations of the following optional features (Options):

·  
a range of bonus percentage amounts,
·  
annual or quarterly Contract Value step-ups (quarterly step-ups are applied annually based on the highest quarterly Contract Value), and
·  
an optional death benefit.

Following is a summary of the available combinations of Options:

LifeGuard Freedom Flex GMWB -
Available Option Combinations
 
     
 
Step-Up
 
 
 
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Bonus
Annual or Highest Quarterly
Contract Value
 Freedom Flex
Death Benefit (DB) NY
     
5%
Annual
 
5% **
Quarterly
 
6%
Annual
Yes*
6% **
Quarterly
 
7%
Annual
 
7% **
Quarterly
 
 
LifeGuard Freedom Flex with Joint Option GMWB-
Available Option Combinations
(No longer available effective October 15, 2012)
 
 
Bonus
Step-Up
Annual or Highest Quarterly
Contract Value
 
     
5%
Annual
 
5%
Quarterly
 
6%
Annual
 

*This Guaranteed Death Benefit is only available in conjunction with the purchase of the 6% Bonus and Annual Step-Up combination of options within the LifeGuard Freedom Flex GMWB  (the “LifeGuard Freedom Flex GMWB 6% Bonus and Annual Step-Ups”).

**No longer offered on or after April 29, 2013.

These GMWBs may be appropriate for those individuals who are looking for a combination of Options within a GMWB that differs from the combinations of specified similar features offered by Jackson under other GMWBs.  Thus, the LifeGuard Freedom Flex GMWB and LifeGuard Freedom Flex with Joint Option GMWB allow the Owner (or the Owner and the Owner’s spouse), with the assistance of his or her representative, to select an available combination of Options, consistent with a variety of considerations, such as: his or her expectations of market performance; anticipated timing of subsequent Premiums; needs for future guaranteed annual percentage of withdrawals; expectation of need for early or unscheduled withdrawals to fund then current living expenses and obligations; marital and family status; and tax-qualified or non-tax-qualified purpose of the investment.

Differences in the percentage of a Bonus Option or differences in the method of computing Contract Value for purposes of a step-up Option do not otherwise affect the operation of the resulting combination of Options.

References to “this GMWB” apply to each of the GMWBs, LifeGuard Freedom Flex GMWB and LifeGuard Freedom Flex GMWB with Joint Option GMWB, including all of the available combinations of Options that each provides, as discussed below.  In addition, as disclosed in the Fee Table, above, and footnotes below the fees and charges of each GMWB will vary depending on the mix of Options. Upon selection of the Options and a request for one of these GMWBs received in Good Order, the Owner will receive an endorsement to the Contract reflecting the selection of Options.

Each combination of Options, other than the combination that includes the LifeGuard Freedom Flex DB NY (for information about the LifeGuard Freedom Flex DB NY, please see “LifeGuard Freedom Flex DB NY” under “Optional Death Benefits”, beginning on page 120.) is offered to Owners between the ages of 35 and 80.  As explained below with regard to both the LifeGuard Freedom Flex GMWB and LifeGuard Freedom Flex with Joint Option GMWB, the timing and amounts of withdrawals have a significant impact on the amount and duration of benefits.  The cumulative costs of these GMWBs also are greater the longer the duration of ownership.  The closer you are to retirement the more reliably you may be able to forecast your needs to make withdrawals prior to the ages where the amounts of certain benefits (such as the For Life Guarantee (59 1/2) and the GWB Adjustment ( 70 ( 71 for endorsements issued before April 29, 2013 ) , or 82 with Joint Option) are locked-in.  Conversely, forecasts at younger ages may prove less reliable.  You should undertake careful consideration and thorough consultation with your representative or retirement planning agent as to the financial resources and age of the Owner/Annuitant and the value to you of the potentially limited downside protection that this GMWB might provide.

These GMWBs may not be terminated by the Owner independently from the Contract to which they are attached.
 
 
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LifeGuard Freedom Flex GMWB.
 
The following description of this GMWB is supplemented by the examples in Appendix D under section “IV.  LifeGuard Freedom Flex,” particularly example 3 for the varying benefit percentage, examples 8 and 9 for the step-ups and example 12 for the guaranteed withdrawal balance adjustment.

This GMWB guarantees partial withdrawals during the Contract's accumulation phase (i.e., before the Income Date) subject to the following:
 

The guarantee lasts for the duration of the Owner's life (the “For Life Guarantee”) if the For Life Guarantee is in effect;
 
   
The For Life Guarantee is based on the life of the single Owner or the first Owner to die if there are joint Owners.  There are also other GMWB options for joint Owners that are spouses, as described below.
 
   
 For the Owner that is a legal entity, the For Life Guarantee is based on the Annuitant's life (or the life of the first Annuitant to die if there is more than one Annuitant).
 
   
The For Life Guarantee becomes effective on the Contract Anniversary on or immediately following the Owner (or with joint Owners, the oldest Owner) attaining the age of 59 1/2.  If the Owner (or oldest Owner) is 59 1/2 years old or older on the endorsement's effective date, then the For Life Guarantee is effective when this GMWB is added to the Contract.
 
   
If the For Life Guarantee is in effect, it will be terminated if a withdrawal exceeds the permissible amounts and reduces the Contract Value to zero.  (Please see the "Contract Value is Zero" subsection below to understand what happens when the Contract Value is reduced to zero.)  Otherwise, the For Life Guarantee remains effective until the date this GMWB endorsement is terminated or until the Continuation Date on which this GMWB endorsement is continued under spousal continuation.  Please see the “Termination” subsection below to understand under what conditions this GMWB endorsement and, accordingly, the For Life Guarantee can be terminated.
 
In addition, if the For Life Guarantee is not yet in effect, withdrawals that cause the Contract Value to reduce to zero void the For Life Guarantee and it will never become effective.  See “Contract Value is Zero” below for more information.
 
If the For Life Guarantee is not in effect, the guarantee lasts until the earlier of (1) the date of death of the Owner (or any joint Owner) or (2) the date when all withdrawals under the Contract equal the Guaranteed Withdrawal Balance (GWB), without regard to Contract Value.
 
   
The GWB is the guaranteed amount available for future periodic withdrawals.
 
   
In the event of the Owner's death, a spousal Beneficiary may continue this GMWB endorsement under spousal continuation.  In that event, the GWB is payable until depleted.  (Please see the “Spousal Continuation” subsection below for more information.)  If the Beneficiary is a non-spousal Beneficiary, the GWB is void and this endorsement is terminated; therefore, the Owner's death may have a significant negative impact on the value of this GMWB endorsement and cause the endorsement to prematurely terminate.

Please consult the representative who is helping, or who helped, you purchase your Contract to be sure that this GMWB and the combination of Options you ultimately choose suit your needs and are consistent with your expectations.

This GMWB is available to Owners 35 to 80 years old, or 35 to 67 ( 70 for endorsements issued before April 29, 2013 ) years old if you select the Option combination that includes the LifeGuard Freedom Flex DB NY, (proof of age is required).  This GMWB may be added to a Contract on the Issue Date or, subject to availability, on any Contract Anniversary.  Please note, while this GMWB may be added to a Contract on any Contract Anniversary (subject to availability), the LifeGuard Freedom Flex DB NY is not available after issue and can only be added on the Issue Date.  Once added this GMWB cannot be cancelled except by a Beneficiary who is the
 
 
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Owner's spouse, who, upon the Owner's death, may elect to continue the Contract without the GMWB.  If you want to elect this GMWB after the Contract Issue Date on a Contract Anniversary (subject to availability), we must receive a request in Good Order within 30 calendar days prior to the Contract Anniversary.  This GMWB is not available on a Contract that already has a GMWB (only one GMWB per Contract).  Availability of this GMWB may be subject to further limitation.

We allow ownership changes of a Contract with this GMWB (i) from an individual Owner that is a natural person to a trust, if that individual and the Annuitant are the same person or (ii) when the Owner is a legal entity, to another legal entity or the Annuitant.  However, we do not allow these Ownership changes if they are a taxable event under the Code.  In certain circumstances, we may permit the elimination of a joint Owner in the event of divorce.  Otherwise, changes of Owner are not allowed.  When the Owner is a legal entity, changing Annuitants is not allowed.
 

There is a limit on withdrawals each Contract Year to keep the guarantees of this GMWB in full effect – the greater of the Guaranteed Annual Withdrawal Amount (GAWA) and for certain tax-qualified Contracts, the required minimum distribution (RMD) under the Internal Revenue Code.  Withdrawals exceeding the limit do not invalidate the For Life Guarantee, but cause the GWB and GAWA to be recalculated.  Please see “Election” and “Withdrawals” below for more information about the GWB and GAWA.

Election. The GWB depends on when this GMWB is added to the Contract, and the GAWA derives from the GWB for all combinations of Options.

On the Contract Issue Date
The GWB equals initial Premium net of any applicable Premium taxes, plus  (for endorsements issued before April 29, 2013 ) any Contract Enhancement.
 
 
The GAWA is determined based on the Owner's (or oldest joint Owner’s) attained age at the time of first withdrawal and equals the GAWA percentage multiplied by the GWB prior to the partial withdrawal.  See the GAWA percentage table below.


When this GMWB is added to the Contract on any Contract Anniversary, as subject to availability
The GWB equals Contract Value , minus (for endorsements issued on or after April 29, 2013 ) any recapture charges that would be assessed on a full withdrawal .
 
The GAWA is determined based on the Owner's (or oldest joint Owner’s) attained age at the time of first withdrawal and equals the GAWA percentage multiplied by the GWB prior to the partial withdrawal.  See the GAWA percentage table below.

For endorsements issued on or after April 29, 2013 , Contract Enhancements and the corresponding recapture charges are not included in the calculation of the GWB when this GMWB is added to the Contract on the Issue Date.  This is why Premium (net of any applicable Premium taxes) is used to calculate the GWB.  On Contracts with a Contract Enhancement, the result is a GWB that is less than Contract Value when this GMWB is added to the Contract.  For endorsements issued before April 29, 2013 , please note that while Contract Enhancements are effectively included in the GWB calculations at and after issue, potential recapture charges are not included at either time.  (See Examples 1 and 2 in Appendix D under section “IV.  LifeGuard Freedom Flex”.)

The GWB can never be more than $5 million (including upon Step-Up, the application of a GWB Adjustment or the application of any bonus), and the GWB is reduced by each withdrawal.  

PLEASE NOTE:  Upon the Owner's or any joint Owner’s death, the For Life Guarantee is void.  However, this GMWB might be continued by a spousal Beneficiary without the For Life Guarantee.  Please see the “Spousal Continuation” subsection below for more information. If the For Life Guarantee is not in effect, upon the death of the Owner or the death of any joint Owner or the depletion of the GWB, all payments will cease and Spousal Continuation is not available.

Withdrawals.  The GAWA percentage and the GAWA are determined at the time of the first withdrawal.  The GAWA is equal to the GAWA percentage multiplied by the GWB prior to the partial withdrawal.  The GAWA percentage varies according to the bonus option percentage you have selected (5%, 6% or 7%) and your age group.  Age group is determined based on the Owner's attained age at the time of the first withdrawal.  If there are joint Owners, the GAWA percentage is based on the attained age of the oldest joint Owner.  (In the examples in Appendix E and elsewhere in this prospectus we refer to this varying GAWA percentage structure as the “varying benefit percentage”.)
 

You may elect an Optional Income Upgrade Table for an additional charge (see “For Life GMWB With Bonus and Step-Up Charge” beginning on page 37).  The Optional Income Upgrade Table provides higher GAWA percentages for each age group as reflected in the tables below.
 
 
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The GAWA percentages for each age group and bonus option percentages, depending on whether you elected the Optional Income Upgrade Table, are as follows:


For Endorsements Issued On Or After April 29, 2013:

5% and 6% Bonus Options
 
7% Bonus Option
Ages
Base GAWA% Table
Optional Income Upgrade Table
 
Ages
Base GAWA% Table
Optional Income Upgrade Table
35 – 64
3.75%
4.00%
 
35 – 64
3.75%
4.00%
65 – 74
4.75%
5.00%
 
65 – 69
4.25%
4.50%
75 – 80
5.25 %
5.50 %
 
70 – 74
4.75%
5.00%
81+
5.75 %
6.00 %
 
75 – 80
5.25 %
5.50 %
       
81+
5.75 %
6.00 %

If your endorsement was issued before April 29, 2013 , different GAWA percentages than those reflected in the above tables may apply.  Please refer to your Contract endorsement and the related prospectus disclosure for the GAWA percentages applicable under your Contract at the time of purchase.  If you need assistance finding this information, please contact your representative, or contact us at our Annuity Service Center.  Our contact information is on the first page of the prospectus.

We reserve the right to prospectively change the GAWA percentages, including the age bands, on new GMWB endorsements.  We recommend you check with your representative to learn about the current level of the GAWA percentages, or contact us at our Annuity Service Center for more information.  Our contact information is on the first page of the prospectus. If we change the GAWA percentages described above, we will follow these procedures:
1) 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 prospectus update 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 127).
2) 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 prospectus update. 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.
In each case, the actual GAWA percentages will be reflected in your Contract endorsement.

In connection with a change of GAWA percentages, as described above, we may continue to offer the existing GAWA percentages, in effect prior to the change, as an Optional GAWA% table at an increased charge. The increased charge for any combination of options under the Freedom Flex GMWB will not be greater than the maximum   annual charges shown in the charge tables, which in no event exceed 3.00%. For the charges for each GMWB, please see the section for the applicable GMWB appearing under “Contract Charges” beginning on page 30. Also, please see the “Optional Endorsements” table under the “FEES AND EXPENSES TABLES” beginning on page 5. The Optional GAWA% table will maintain the GAWA percentages for each age group that were available before the change as reflected in the above table.  If we offer the Optional GAWA% table, the notice of change in the form of a prospectus update, that will be delivered to you, will describe both the change to the GAWA percentages, and the Optional GAWA% table and related charges. We reserve the right to prospectively change the GAWA percentages in the Optional GAWA% Table, including the age bands, on new GMWB endorsements subject to the notices and procedures described above.

Withdrawals cause the GWB to be recalculated.  Withdrawals will also cause the GAWA to be recalculated if the withdrawal, plus all prior withdrawals in the current Contract Year, exceeds the GAWA, or for certain tax-qualified Contracts only, the RMD (if greater than the GAWA).  In such case, the recalculation of the GAWA will occur whether or not the For Life Guarantee is in effect.  If the GWB is less than the GAWA at the end of any Contract Year and the For Life Guarantee is not in effect, the GAWA will be set equal to the GWB.  This may occur, when over time, payment of the guaranteed withdrawals is nearly complete, the For Life Guarantee is not in effect and the GWB has been depleted to a level below the GAWA. The tables below clarify what happens in each instance.  (RMD denotes the required minimum distribution under the Internal Revenue Code for certain tax-qualified Contracts only.  There is no RMD for non-qualified Contracts.)  In addition, if the For Life Guarantee is not yet in effect, withdrawals that cause the Contract Value to reduce to zero void the For Life Guarantee and it will never become effective.  See “Contract Value is Zero” below for more information.

For certain tax-qualified Contracts, this GMWB allows withdrawals greater than GAWA to meet the Contract's RMD without compromising the endorsement's guarantees.  Examples 6 , 7 and 9 in Appendix D under section “IV.  LifeGuard Freedom Flex” supplement this description.  Because the intervals for the GAWA and RMDs are different, namely Contract Years versus calendar years, and because RMDs are subject to other conditions and limitations, if your Contract is a tax-qualified Contract, then please see
 
 
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 “RMD NOTES” under “Guaranteed Minimum Withdrawal Benefit Important Special Considerations” on page 52, for more information.

When a withdrawal,
plus all prior withdrawals in the current Contract Year, is less than or equal to the greater of
the GAWA or RMD, as applicable
The GWB is recalculated, equaling the greater of:
 
 
The GWB before the withdrawal less the withdrawal; Or
 
 
Zero.
 
 
The GAWA is unchanged.

The GAWA is not reduced if all withdrawals during any one Contract Year do not exceed the greater of the GAWA or RMD, as applicable. The GAWA will be reduced at the end of a Contract Year to equal the GWB if the For Life Guarantee is not in effect and the GWB is nearly depleted, resulting in a GWB that is less than the GAWA.  You may withdraw the greater of the GAWA or RMD, as applicable, all at once or throughout the Contract Year.  Withdrawing less than the greater of the GAWA or RMD, as applicable, in a Contract Year does not entitle you to withdraw more than the greater of the GAWA or RMD, as applicable, in the next Contract Year.  The amount you may withdraw each Contract Year and not cause the GWB and GAWA to be recalculated does not accumulate.

Withdrawing more than the greater of the GAWA or RMD, as applicable, in a Contract Year causes the GWB and GAWA to be recalculated (see below and Example 7 in Appendix D under section “IV.  LifeGuard Freedom Flex”). In recalculating the GWB, the GWB could be reduced by more than the withdrawal amount.  The GAWA is also likely to be reduced.  Therefore, please note that withdrawing more than the greater of the GAWA or RMD, as applicable, in a Contract Year may have a significantly negative impact on the value of this benefit.

When a withdrawal,
plus all prior withdrawals in the current Contract Year, exceeds the greater of the GAWA or RMD, as applicable
The GWB is recalculated, equaling the greater of:
 
 
The GWB prior to the partial withdrawal, first reduced dollar-for-dollar for any portion of the partial withdrawal not defined as an Excess Withdrawal (see below), then reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal; Or
 
 
Zero.
 
 
   
The GAWA prior to the partial withdrawal is reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal.

The Excess Withdrawal is defined to be the lesser of:

The total amount of the current partial withdrawal, or

The amount by which the cumulative partial withdrawals for the current Contract Year exceeds the greater of the GAWA or the RMD, as applicable.

Withdrawals under this GMWB are assumed to be the total amount deducted from the Contract Value, including any withdrawal charges, asset allocation fees, recapture charges and other charges or adjustments.  Any withdrawals from Contract Value allocated to a Fixed Account Option may be subject to an Interest Rate Adjustment.  For more information, please see “THE FIXED ACCOUNT” beginning on page 13.  Withdrawals may be subject to a recapture charge on any Contract Enhancement.  Withdrawals in excess of free withdrawals may be subject to a withdrawal charge.

Withdrawals under this GMWB are considered the same as any other partial withdrawals for the purposes of calculating any other values under the Contract and any other endorsements (for example, the Contract's death benefit).  All withdrawals count toward the total amount withdrawn in a Contract Year, including systematic withdrawals, RMDs for certain tax-qualified Contracts, withdrawals of asset allocation and advisory fees, and free withdrawals under the Contract.  They are subject to the same restrictions and processing rules as described in the Contract.  They are also treated the same for federal income tax purposes.  For more information about tax-qualified and non-qualified Contracts, please see “TAXES” beginning on page 123.

If the age of any Owner is incorrectly stated at the time of election of the GMWB, on the date the misstatement is discovered, the GWB and the GAWA will be recalculated based on the GAWA percentage applicable at the correct age.  Any future GAWA percentage recalculation will be based on the correct age.  If the age at election of the Owner (or oldest joint Owner) falls outside the allowable age range, the GMWB will be null and void and all GMWB charges will be refunded.
 
 
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Withdrawals made under section 72(t) or section 72(q) of the Code are not considered RMDs for purposes of preserving the guarantees under this GMWB.  Such withdrawals that exceed the GAWA will have the same effect as any withdrawal or excess withdrawal as described above and, consistent with that description, may cause a significant negative impact to your benefit.

Guaranteed Withdrawal Balance Adjustment.  If no withdrawals are taken from the Contract on or prior to the GWB Adjustment Date (as defined below), then you will receive a GWB Adjustment. Tax-qualified plan Contract owners should consider the impact of Required Minimum Distributions on this benefit since any withdrawal from the Contract will void the GWB adjustment.

The GWB Adjustment Date is the later of:

The Contract Anniversary on or immediately following the Owner's (or oldest joint Owner's) 70 th   birthday (71 st birthday for endorsements issued before April 29, 2013 ) , Or

The 12 th Contract Anniversary (10 th Contract Anniversary for endorsements issued before April 29, 2013 ) following the effective date of this endorsement.

The GWB Adjustment is determined as follows:

On the effective date of this endorsement, the GWB Adjustment is equal to 200% of the GWB, subject to a maximum of $5,000,000.

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 200% of the sum of i) the Premium payment net of any applicable Premium taxes, and ii) (for endorsements issued before April 29, 2013 ) any Contract Enhancement, subject to a maximum of $5,000,000.  (See Example s 4 and 5 in Appendix D under section “IV.  LifeGuard Freedom Flex”.)

With each subsequent Premium received on or after 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 amount of the Premium payment, net of any applicable Premium taxes, plus (for endorsements issued before April 29, 2013 ) any Contract Enhancements, subject to a maximum of $5,000,000.  (See Example s 4 and 5 in Appendix D under section “IV.  LifeGuard Freedom Flex”.)

If no partial withdrawals are taken on or prior to the GWB Adjustment Date, the GWB will be re-set on that date to equal the greater of the current GWB or the GWB Adjustment.  No adjustments are made to the Bonus Base or the Benefit Determination Baseline (explained below under “Step-up”).  Once the GWB is re-set, this GWB Adjustment provision terminates.  In addition, if a withdrawal is taken on or before the GWB Adjustment Date, this GWB Adjustment provision terminates without value.  (Please see example 13 in Appendix D under section “IV.  LifeGuard Freedom Flex” for an illustration of this GWB Adjustment provision.)

Premiums.

With each subsequent Premium payment on the Contract
The GWB is recalculated, increasing by the amount of the Premium net of any applicable Premium taxes, plus (for endorsements issued before April 29, 2013 ) any Contract Enhancement.
 
If the Premium payment is received after the first withdrawal, the GAWA is also recalculated, increasing by:
 
 
The GAWA percentage multiplied by the sum of i) the subsequent Premium payment net of any applicable Premium taxes, and ii) (for endorsements issued before April 29, 2013 ) any Contract Enhancement; Or
 
   
The GAWA percentage multiplied by the increase in the GWB – if the maximum GWB is hit.

We require prior approval for a subsequent Premium payment that would result in your Contract having $1 million of Premiums in the aggregate.  We also reserve the right to refuse subsequent Premium payments.  The GWB can never be more than $5 million.  See Example s 4b and 5b in Appendix D under section “IV.  LifeGuard Freedom Flex” to see how the GWB is recalculated when the $5 million maximum is hit.

Step-up.  On each Contract Anniversary following the effective date of this GMWB, if the Contract Value is greater than the GWB, the GWB will be automatically re-set to the Contract Value by one of two calculation methods, which must be selected by you at issue
 
 
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and once selected can not be changed .  Under one method the GWB will be reset to the Contract Value on that Contract Anniversary  (the “Contract Anniversary Value”) for the applicable 5, 6 and 7% Bonus Options. Under the other method the GWB will be reset annually on each Contract Anniversary to the highest quarterly Contract Value, as described immediately below for the applicable 5, 6, and 7% Bonus Options  (“Highest Quarterly Contract Value “).  (See Examples 8 and 9 in Appendix D under section “IV.  LifeGuard Freedom Flex”).
 
The Contract Anniversary Value method, as opposed to the Highest Quarterly Contract Value method, is determined solely by reference to and use of the Contract Value on that Contract Anniversary.

The Highest Quarterly Contract Value is determined by reference to and use of the Contract Values on the highest of the four prior quarterly Contract Values as follows:

The Highest Quarterly Contract Value is equal to the highest of the quarterly adjusted Contract Values from the four most recent Contract Quarterly Anniversaries, including the Contract Anniversary upon which the step-up is determined. The quarterly adjusted Contract Value is equal to the Contract Value on the Contract Quarterly Anniversary, plus any Premium paid subsequent to that Contract Quarterly Anniversary, net of any applicable Premium taxes, plus (for endorsements issued before April 29, 2013 ) any Contract Enhancement, adjusted for any partial withdrawals taken subsequent to that Contract Quarterly Anniversary.

Partial withdrawals will affect the quarterly adjusted Contract Value as follows:

When a withdrawal, plus all prior withdrawals in the current Contract Year, is less than or equal to the greater of the GAWA or RMD, as applicable
The quarterly adjusted Contract Value is equal to the greater of:
 
 
The quarterly adjusted Contract Value before the withdrawal less the withdrawal; Or
 
   
Zero.


When a withdrawal, plus all prior withdrawals in the current Contract Year, exceeds the greater of the GAWA or RMD, as applicable
The quarterly adjusted Contract Value is equal to the greater of:
 
 
The quarterly adjusted Contract Value prior to the partial withdrawal, first reduced dollar-for-dollar for any portion of the partial withdrawal not defined as an Excess Withdrawal (see above), then reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal; Or
 
   
Zero.

In addition to an increase in the GWB, a step-up allows for a potential increase in the GAWA percentage in the event that the step-up occurs after the first withdrawal.  The value used to determine whether the GAWA percentage will increase upon step-up is called the Benefit Determination Baseline (BDB).  The initial BDB equals (a) the initial Premium net of any applicable Premium taxes, plus (for endorsements issued before April 29, 2013 ) any Contract Enhancement if this GMWB is elected at issue or (b) the Contract Value on the Contract Anniversary on which the endorsement is effective, if elected after issue, as subject to availability.
 
Upon step-up, if the Contract Value, as determined based on (as applicable) the Contract Anniversary Value or the Highest Quarterly Contract Value, is greater than the BDB and the step-up occurs after the first withdrawal, the GAWA percentage will be re-determined based on the Owner's (or the oldest joint Owner’s) attained age.  If an age band is crossed, the GAWA percentage will be increased.  For example, assume an Owner , who has elected the 5% Bonus Option, was age 73 at the time of the first withdrawal resulting in, according to the table above, a GAWA percentage of 4.75% (5.00% with the Optional Income Upgrade) .  Also assume that, when the Owner is age 76, a step-up occurs and the applicable Contract Value is greater than the BDB; in that case, the GAWA percentage will be re-determined based on the Owner's attained age of 76, resulting in a new GAWA percentage of 5.25% (5.50% with the Optional Income Upgrade) .

Upon step-up, if the Contract Value, as determined based on (as applicable) the Contract Anniversary Value or the Highest Quarterly Contract Value, is not greater than the BDB prior to step-up, the GAWA percentage remains unchanged regardless of whether an age band has been crossed.

In the event that the Contract Value, as determined based on (as applicable) the Contract Anniversary Value or the Highest Quarterly Contract Value, is greater than the BDB, the BDB is set equal to that greater Contract Value.  The purpose of this re-set is to increase the BDB that will be used to determine whether the GAWA percentage will increase upon a future step-up if an age band is crossed.
 
 
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Withdrawals do not affect the BDB.  Subsequent Premium payments increase the BDB by the amount of the Premium net of any applicable Premium taxes, plus (for endorsements issued before April 29, 2013 ) any Contract Enhancements.  In addition, unlike the GWB, the BDB is not subject to any maximum amount.  Therefore, it is possible for the BDB to be more than $5 million.

With a step-up
The GWB equals the Contract Value, as determined based on either the Contract Anniversary Value or the Highest Quarterly Contract Value. (subject to a $5 million maximum).
If the Contract Value, as determined based on (as applicable) the Contract Anniversary Value or the Highest Quarterly Contract Value, is greater than the BDB is prior to the step-up, then the BDB is set to equal that greater Contract Value (not subject to any maximum amount); and, if the step-up occurs after the first withdrawal, the GAWA percentage is recalculated based on the attained age of the Owner.
 
If there are joint Owners, the GAWA percentage is recalculated based on the oldest joint Owner.
 
The GAWA percentage will not be recalculated upon step-ups following Spousal Continuation.
For all Contracts to which this GMWB is added, if the step-up occurs after the first withdrawal, the GAWA is recalculated, equaling the greater of:
 
The GAWA percentage (as adjusted by any increase that occurs pursuant to the same step-up) multiplied by the new GWB, Or
   
The GAWA prior to step-up.

PLEASE NOTE: Withdrawals from the Contract reduce the GWB and Contract Value but do not affect the BDB.  In the event of withdrawals, the BDB remains unchanged.  Therefore, because the Contract Value must be greater than the BDB prior to step-up in order for the GAWA percentage to increase, a GAWA percentage increase may become less likely when withdrawals are made from the Contract.

Upon step-up on or after the 2nd Contract Anniversary following the effective date of this GMWB, the GMWB charge may be increased, subject to the maximum annual charge for each available combination of Options.  You will be notified in advance of a GMWB Charge increase and may elect to discontinue the automatic step-ups.  Such election must be received in Good Order prior to the Contract Anniversary.  Please be aware that election to discontinue the automatic step-ups will also discontinue the application of the GWB bonus.  While electing to discontinue the automatic step-ups will prevent an increase in the charge, discontinuing step-ups and, therefore, discontinuing application of the GWB bonus also means foregoing possible increases in your GWB and/or GAWA so carefully consider this decision should we notify you of a charge increase.  (Please see the “Bonus” subsection below for more information.)  Also know that you may subsequently elect to reinstate the step-up provision together with the GWB bonus provision at the then current GMWB Charge. All requests will be effective on the Contract Anniversary following receipt of the request in Good Order, and any reinstatement of the GWB bonus provision will not reinstate any bonus that would have been credited during the period when the GWB bonus provision was discontinued.

The GWB can never be more than $5 million with a step-up. However, the BDB is not subject to a $5 million maximum; therefore, it is still possible for the GAWA percentage to increase even when the GWB has hit its $5 million maximum because automatic step-ups still occur if the Contract Value is greater than the BDB.  For example, assume the GWB and BDB are equal to $5 million prior to a step-up.  Also assume that the GAWA percentage is 5% and the GAWA is $250,000.  If, at the time of step-up, the Contract Value is $6 million, a step-up will occur.  The GWB will remain at its maximum of $5 million but the BDB will be set equal to $6 million.  If an age band has been crossed and the GAWA percentage for the Owner’s attained age is 6%, then the GAWA will be equal to $300,000 (6% x $5 million).

Please consult the representative who helped you purchase your Contract to be sure if a step-up is right for you, which Contract Value is used to calculate the step-up, and about any increase in charges upon a step-up. Upon step-up, the applicable GMWB charge will be reflected in your confirmation.

Owner's Death.  The Contract's death benefit is not affected by this GMWB so long as Contract Value is greater than zero and the Contract is still in the accumulation phase.  Upon your death (or any Owner's death with joint Owners) while the Contract is still in force, this GMWB terminates without value, unless continued by the surviving spouse.
 
 
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Also see the “LifeGuard Freedom Flex DB NY” under “Optional Death Benefits”, beginning on page 120 for the death benefit that differs from the Contract’s death benefit and is available only in combination with the selection of the 6% Bonus, and the Annual Anniversary Contract Value step-up.

Contract Value Is Zero.  With this GMWB, in the event the Contract Value is zero, the Owner will receive annual payments of the GAWA until the death of the Owner (or the death of any joint Owner), so long as the For Life Guarantee is in effect and the Contract is still in the accumulation phase.  If the For Life Guarantee is not in effect, the Owner will receive annual payments of the GAWA until the earlier of the death of the Owner (or the death of any joint Owner) or the date the GWB, if any, is depleted, so long as the Contract is still in the accumulation phase.  The last payment will not exceed the remaining GWB at the time of payment.  If the GAWA percentage has not yet been determined, it will be set at the GAWA percentage corresponding to the Owner's (or oldest joint Owner's) attained age at the time the Contract Value falls to zero and the GAWA will be equal to the GAWA percentage multiplied to the GWB.

After each payment when the Contract Value is zero
The GWB is recalculated, equaling the greater of:
 
 
The GWB before the payment less the payment; Or
 
 
Zero.
 
 
The GAWA is unchanged.  At the end of each Contract Year, if the GWB is less than the GAWA and the For Life Guarantee is not in effect, the GAWA is set equal to the GWB.

Payments are made on the periodic basis you elect, but no less frequently than annually.  If you die when your Contract Value is zero, all rights under your Contract cease,  no subsequent Premium payments will be accepted, all optional endorsements terminate without value, and no death benefit is payable, including the LifeGuard Freedom Flex DB and the LifeGuard Freedom Flex DB NY.

Spousal Continuation.  In the event of the Owner's death (or any Owner's death with joint Owners), the Beneficiary who is the Owner's spouse may elect to:

Continue the Contract with this GMWB – so long as Contract Value is greater than zero, and the Contract is still in the accumulation phase.  (The date the spousal Beneficiary's election to continue the Contract is in Good Order is called the Continuation Date.)
 
   
Upon the Owner's death, the For Life Guarantee is void.
 
   
Only the GWB is payable while there is value to it (until depleted).
 
   
The GWB Adjustment provision is void.
 
   
Step-ups will continue as permitted in accordance with the step-up rules above.
 
   
Contract Anniversaries will continue to be based on the Contract's Issue Date.
 
   
If the GAWA percentage has not yet been determined, the GAWA percentage will be based on the original Owner's (or oldest joint Owner's) attained age on the continuation date (as if that person survived to that date).  The GAWA percentage will not change on future step-ups, even if the Contract Value, as determined based on (as applicable) either the Contract Anniversary Value or the Highest Quarterly Contract Value, exceeds the BDB.
 
   
The Latest Income Date is based on the age of the surviving spouse.  Please refer to “Annuitization” subsection below for information regarding the availability of the “Specified Period Income of the GAWA” option if the GWB has been continued by a spousal Beneficiary upon the death of the original Owner.
 
Continue the Contract without this GMWB (GMWB is terminated).
 
Add this GMWB to the Contract on any Contract Anniversary after the Continuation Date, subject to the Beneficiary's eligibility – if the spousal Beneficiary terminated the GMWB in continuing the Contract.

For more information about spousal continuation of a Contract, please see “Special Spousal Continuation Option” beginning on page 122.
 
 
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Termination.  This GMWB terminates subject to a prorated GMWB Charge assessed for the period since the last monthly charge and all benefits cease on the earliest of:

The Income Date;
 
The date of complete withdrawal of Contract Value (full surrender of the Contract);
 
   
In surrendering your Contract, you will receive the Contract Value less any applicable charges and adjustments and not the GWB or the GAWA you would have received under this GMWB.
 
Conversion of this GMWB (if conversion is permitted);
 
The date of the Owner's death (or any Owner's death with joint Owners), unless the Beneficiary who is the Owner's spouse elects to continue the Contract with the GMWB;
 
The Continuation Date if the spousal Beneficiary elects to continue the Contract without the GMWB; or
 
The date all obligations for payment under this GMWB are satisfied after the Contract has terminated pursuant to the termination provisions of the Contract.

This GMWB may not otherwise be terminated independently from termination of the Contract.

Annuitization.

Life Income of GAWA.  On the Latest Income Date if the For Life Guarantee is in effect, the Owner may choose this income option instead of one of the other income options listed in the Contract.  This income option provides payments in a fixed dollar amount for the lifetime of the Owner (or, with joint Owners, the lifetime of the joint Owner who dies first).  The total annual amount payable will equal the GAWA in effect at the time of election of this option.  This annualized amount will be paid in the frequency (no less frequently than annually) that the Owner selects.  No further annuity payments are payable after the death of the Owner (or any Owner's death with joint Owners), and there is no provision for a death benefit payable to the Beneficiary.  Therefore, it is possible for only one annuity payment to be made under this Income Option if the Owner dies before the due date of the second payment.

If the GAWA percentage has not yet been determined, the GAWA percentage will be based on the Owner's (or oldest joint Owner's) attained age at the time of election of this option.  The GAWA percentage will not change after election of this option.

Specified Period Income of the GAWA.  On the Latest Income Date if the For Life Guarantee is not in effect, the Owner may choose this income option instead of one of the other income options listed in the Contract.  (This income option only applies if the GMWB has been continued by the spousal Beneficiary upon the death of the original Owner, in which case the spouse becomes the Owner of the Contract and the Latest Income Date is based on the age of the spouse.)

This income option provides payments in a fixed dollar amount for a specific number of years.  The actual number of years that payments will be made is determined on the calculation date by dividing the GWB by the GAWA.  Upon each payment, the GWB will be reduced by the payment amount, and no payments will be made in excess of the remaining GWB. The annual amount payable will equal the GAWA, except that the last payment may be a smaller amount equal to the then-remaining GWB.  This annualized amount will be paid over the specific number of years in the frequency (no less frequently than annually) that the Owner selects.  If the Owner should die before the payments have been completed, the remaining payments will be made to the Beneficiary, as scheduled.

The “Specified Period Income of the GAWA” income option may not be available if the Contract is issued as a tax qualified Contract under Sections 401, 403, 408 or 457 of the Internal Revenue Code.  For such Contracts, this income option will only be available if the guaranteed period is less than the life expectancy of the spouse at the time the option becomes effective.

See “Guaranteed Minimum Withdrawal Benefit General Considerations” and “Guaranteed Minimum Withdrawal Benefit Important Special Considerations” beginning on page 52 for additional things to consider before electing a GMWB; when electing
 
 
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to annuitize your Contract after having purchased a GMWB; or when the Latest Income Date is approaching and you are thinking about electing or have elected a GMWB.

Effect of GMWB on Tax Deferral.  This GMWB may not be appropriate for Owners who have as a primary objective taking maximum advantage of the tax deferral that is available to them under an annuity contract to accumulate assets.  Please consult your tax and financial advisors before adding this GMWB to a Contract.

Bonus.  The primary purpose of the bonus is to act as an incentive for you to defer taking withdrawals.  A bonus equal to 5, 6 or 7% of the Bonus Base (defined below) will be applied to the GWB at the end of each Contract Year within the Bonus Period (also defined below) if no withdrawals are taken during that Contract Year.  The percentage that actually applies under your GMWB is the one that is included as the bonus rate in the combination of Options that you elect.  The bonus enables the GWB and GAWA to increase in a given Contract Year (even during a down market relative to your Contract Value allocated to the Investment Divisions).  The increase, however, may not equal the amount that your Contract Value has declined.  This description of the bonus feature is supplemented by the examples in Appendix D under section “IV.  LifeGuard Freedom Flex”, particularly example 10 .  The box below has more information about the bonus, including:

How the bonus is calculated;
 
What happens to the Bonus Base (and bonus) with a withdrawal, Premium payment, and any step-up;
 
For how long the bonus is available; and
 
When and what happens when the bonus is applied to the GWB.

The bonus equals 5, 6 or 7% of the Bonus Base.  The Bonus Base may vary after this GMWB is added to the Contract, as described immediately below.
 
 
When this GMWB is added to the Contract, the Bonus Base equals the GWB.
 
 
With a withdrawal, if that withdrawal, and all prior withdrawals in the current Contract Year, exceeds the greater of the GAWA and the RMD, as applicable, then the Bonus Base is set to the lesser of the GWB after, and the Bonus Base before, the withdrawal.  Otherwise, there is no adjustment to the Bonus Base with withdrawals.
 
     
All withdrawals count, including: systematic withdrawals; RMDs for certain tax-qualified Contracts; withdrawals of asset allocation and advisory fees; and free withdrawals under the Contract.
 
     
A withdrawal in a Contract Year during the Bonus Period (defined below) precludes a bonus for that Contract Year.
 
 
With a Premium payment, the Bonus Base increases by the amount of the Premium payment net of any applicable Premium taxes, plus (for endorsements issued before April 29, 2013 ) any Contract Enhancements.
 
 
With any step-up (if the GWB increases upon step-up), the Bonus Base is set to the greater of the GWB after, and the Bonus Base before, the step-up.
 
The Bonus Base can never be more than $5 million.
 
The bonus is applied at the end of each Contract Year during the Bonus Period, if there have been no withdrawals during that Contract Year.  Conversely, any withdrawal, including but not limited to systematic withdrawals and required minimum distributions, taken in a Contract Year during the Bonus Period causes the bonus not to be applied.
 
When the bonus is applied:
 
 
The GWB is recalculated, increasing by 5, 6 or 7% (as applicable) of the Bonus Base.
 
 
If the Bonus is applied after the first withdrawal (in a prior year), the GAWA is then recalculated, equaling the greater of the GAWA percentage multiplied by the new GWB or the GAWA before the bonus.
 
Applying the bonus to the GWB does not affect the Bonus Base, GWB Adjustment or BDB.
 
 
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The Bonus is only available during the Bonus Period. The Bonus Period begins on the effective date of this GMWB endorsement.  In addition, the Bonus Period will re-start at the time the Bonus Base increases due to a step-up so long as the step-up occurs on or before the Contract Anniversary immediately following the Owner’s (if joint Owners, the oldest Owner’s) 80th birthday.  (See example below.)
 
 
 
The tenth Contract Anniversary following (1) the effective date of the endorsement or (2) the most recent increase to the Bonus Base due to a step-up, if later; or
 
 
The date the Contract Value is zero.
 
The Bonus Base will continue to be calculated even after the Bonus Period expires.  Therefore, it is possible for the Bonus Period to expire and then re-start on a later Contract Anniversary if the Bonus Base increases due to a step-up  Such a restart, however, will not reinstate any bonus that would have been credited on a prior date that was not within a Bonus Period.
 
The purpose of the re-start provision is to extend the period of time over which the Owner is eligible to receive a bonus.  For example, assume this GMWB is added to a Contract on December 1, 2013 .  At that time, the bonus period is scheduled to expire on December 1, 2023 (which is the tenth Contract Anniversary following the effective date of the endorsement).  If a step-up increasing the Bonus Base occurs on the third Contract Anniversary following the effective date of the endorsement (December 1, 2016 ), and the Owner is younger than age 80, the Bonus Period will re-start and will be scheduled to expire on December 1, 2026 .  Further, assuming that the next Bonus Base increase due to a step-up does not occur until December 1, 2028 (which is two years after the Bonus Period in this example expired) and that the Owner is still younger than age 80 at that time, the Bonus Period would re-start on December 1, 2028 , and would be scheduled to expire on December 1, 2038 .  (Please also see Examples 8 and 9 in Appendix D under section “IV.  LifeGuard Freedom Flex” for more information regarding the re-start provision.)
 
Spousal continuation of a Contract with this GMWB does not affect the Bonus Period; Contract Anniversaries are based on the Contract's Issue Date.

 
LifeGuard Freedom Flex with Joint Option GMWB.

PLEASE NOTE:  EFFECTIVE OCTOBER 15, 2012, THIS ENDORSEMENT IS CURRENTLY NO LONGER AVAILABLE TO ADD TO A CONTRACT.

The description of this GMWB is supplemented by the examples in Appendix D under section “IV.  LifeGuard Freedom Flex”, particularly example 3 for the varying benefit percentage, examples 8 and 9 for the step-ups, example 12 for the For Life guarantees and example 13 for the guaranteed withdrawal balance adjustment.

Except as otherwise discussed below, the election of this GMWB under a non-tax-qualified contract requires the joint Owners to be spouses (as defined under the Internal Revenue Code) and each joint Owner is considered to be a “Covered Life.” In such cases, the Owners cannot be subsequently changed (except in the limited circumstances discussed below), and new Owners cannot be added.  Upon the death of either joint Owner, the surviving joint Owner will be treated as the primary Beneficiary and all other Beneficiaries will be treated as contingent Beneficiaries.  The For Life Guarantee will not apply to these contingent Beneficiaries, as they are not Covered Lives.

This GMWB is available on a limited basis under non-qualified Contracts for certain kinds of legal entities, such as (i) custodial accounts where the spouses are the joint Annuitants and (ii) trusts where the spouses are the sole beneficial owners and joint Annuitants.  In these cases, the spouses are the Covered Lives, and the For Life Guarantee is based on the Annuitant's life who dies last.  We will allow changes (a) from joint individual ownership of non-qualified Contracts to ownership by the types of legal entities that we permit or (b) changes of ownership from such a legal entity to the Annuitants or to another such legal entity; however, we do not allow these ownership changes if they are a taxable event under the Code, and no changes of Annuitant subsequent to any such change are allowed.

Tax-qualified Contracts cannot be issued to joint Owners and require the Owner and Annuitant to be the same person.  Under a tax-qualified Contract, the election of this GMWB requires the Owner and primary Beneficiary to be spouses (as defined in the Internal Revenue Code).  The Owner and only the primary spousal Beneficiary named at the election of this GMWB under a tax-qualified Contract will also each be considered a Covered Life, and these Covered Lives cannot be subsequently changed.

In certain circumstances we may permit the elimination of a joint Owner Covered Life or primary spousal Beneficiary Covered life in the event of divorce.  In such cases, new Covered Lives may not be named.
 
 
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For tax-qualified Contracts, the Owner and primary spousal Beneficiary cannot be changed while both are living.  If the Owner dies first, the primary spousal Beneficiary will become the Owner upon Spousal Continuation and he or she may name a Beneficiary; however, that Beneficiary is not considered a Covered Life.  Likewise, if the primary spousal Beneficiary dies first, the Owner may name a new Beneficiary; however, that Beneficiary is also not considered a Covered Life and consequently the For Life Guarantee will not apply to the new Beneficiary.

This GMWB is also available on a limited basis under Qualified Custodial Account Contracts, pursuant to which the Annuitant and a Contingent Annuitant named at election of the GMWB must be spouses and will be the Covered Lives.  The only changes in these arrangements that we permit are that (i) the custodial owner may be changed or (ii) the ownership of the Contract may be transferred to the Annuitant if, at the same time as that transfer, the Contingent Annuitant is designated as the primary (spousal) Beneficiary.

For both non-qualified and tax-qualified Contracts, this GMWB guarantees partial withdrawals during the Contract's accumulation phase (i.e., before the Income Date) subject to the following:

This guarantee lasts for the duration of the life of the last surviving Covered Life (the "For Life Guarantee") if the For Life Guarantee is in effect;
 
   
The For Life Guarantee becomes effective on the Contract Anniversary on or immediately following the youngest Covered Life attaining the age of 59 1/2.  If the youngest Covered Life is 59 1/2 years old or older on the endorsement's effective date, then the For Life Guarantee is effective when this GMWB is added to the Contract.
 
   
If the For Life Guarantee is in effect, it will be terminated if a withdrawal exceeds the permissible amounts and reduces the Contract Value to zero.  (Please see the "Contract Value is Zero" subsection below to understand what happens when the Contract Value is reduced to zero.)  Otherwise, the For Life Guarantee remains effective until the date this GMWB endorsement is terminated or until the Continuation Date on which a spousal Beneficiary who is not a Covered Life continues this GMWB endorsement under spousal continuation.  Please see the “Termination” subsection below to understand under what conditions this GMWB endorsement and, accordingly, the For Life Guarantee can be terminated.
 
   
In addition, if the For Life Guarantee is not yet in effect, withdrawals that cause the Contract Value to reduce to zero void the For Life Guarantee, and it will never become effective.  See “Contract Value is Zero” below for more information.
 
If the For Life Guarantee is not in effect, the guarantee lasts until the earlier of (1) the date of the death of the last surviving Covered Life or (2) the date when all withdrawals under the Contract equal the Guaranteed Withdrawal Balance (GWB), without regard to Contract Value.
 
   
The GWB is the guaranteed amount available for future periodic withdrawals.
 
   
In the event of the last surviving Covered Life's death, a spousal Beneficiary who is not a Covered Life may continue this GMWB endorsement under spousal continuation.  In that event, the GWB is payable until depleted.  (Please see the “Spousal Continuation” subsection below for more information.)  If the Beneficiary is a non-spousal Beneficiary, the GWB is void and this endorsement is terminated; therefore, the death of the last surviving Covered Life may have a significant negative impact on the value of this GMWB endorsement and cause the endorsement to prematurely terminate.

Because of the For Life Guarantee, your withdrawals could amount to more than the GWB.  But PLEASE NOTE:  The guarantees of this GMWB are subject to the endorsement's terms, conditions, and limitations that are explained below.

Please consult the representative who is helping, or who helped, you purchase your Contract to be sure that this GMWB  and the combination of Options you ultimately choose suit your needs and are consistent with your expectations.

This GMWB is available to Covered Lives 35 to 80 years old (proof of age is required and both Covered Lives must be within the eligible age range). This GMWB may be added to a Contract on the Issue Date or on any Contract Anniversary (subject to availability).  This GMWB cannot be canceled except by a spousal Beneficiary who is not a Covered Life, who, upon the Owner's death, may elect to continue the Contract without the GMWB.  To continue Joint GMWB coverage upon the death of the Owner (or the death of either joint Owner of a non-qualified Contract), provided that the other Covered Life is still living, the Contract must be
 
 
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continued by election of Spousal Continuation.  Upon continuation, the spouse becomes the Owner and obtains all rights as the Owner.

If you want to elect this GMWB after the Contract Issue Date on a Contract Anniversary (subject to availability), we must receive a request in Good Order within 30 calendar days prior to the Contract Anniversary.  This GMWB is not available on a Contract that already has a GMWB (only one GMWB per Contract).  Availability of this GMWB may be subject to further limitation.  There is a limit on withdrawals each Contract Year to keep the guarantees of this GMWB in full effect – the greater of the Guaranteed Annual Withdrawal Amount (GAWA) and for certain tax-qualified Contracts, the required minimum distribution (RMD) under the Internal Revenue Code.  Withdrawals exceeding the limit do not invalidate the For Life Guarantee, but cause the GWB and GAWA to be recalculated.  Please see “Election” and “Withdrawals” below for more information about the GWB and GAWA.

Election.  The GWB depends on when this GMWB is added to the Contract, and the GAWA derives from the GWB for all combinations of Options.

When this GMWB is added to
the Contract on the Issue Date
The GWB equals initial Premium net of any applicable Premium taxes, plus any Contract Enhancements.
 
 
The GAWA is determined based on the youngest Covered Life's attained age at the time of first withdrawal and equals the GAWA percentage multiplied by the GWB prior to the partial withdrawal.  See the GAWA percentage table below.


When this GMWB is added to
the Contract on any Contract
The GWB equals Contract Value.
Anniversary
The GAWA is determined based on the youngest Covered Life's attained age at the time of first withdrawal and equals the GAWA percentage multiplied by the GWB prior to the partial withdrawal.  See the GAWA percentage table below.

The GWB can never be more than $5 million (including upon step-up, the application of a GWB Adjustment or the application of any Bonus), and the GWB is reduced by each withdrawal.  Please note that while Contract Enhancements are effectively included in the GWB calculations at and after issue, potential recapture charges are not included at either time.   (See Example 2 in Appendix D under section “IV.  LifeGuard Freedom Flex”.)

PLEASE NOTE:  Upon the Owner's death, the For Life Guarantee is void unless this GMWB is continued by a spousal Beneficiary who is a Covered Life.  However, it is possible for this GMWB to be continued without the For Life Guarantee by a spousal Beneficiary who is not a Covered Life.  Please see the “Spousal Continuation” subsection below for more information.

Withdrawals.  The GAWA percentage and the GAWA are determined at the time of the first withdrawal.  The GAWA is equal to the GAWA percentage multiplied by the GWB prior to the partial withdrawal.  The GAWA percentage varies according to age group and is determined based on the youngest Covered Life's attained age at the time of the first withdrawal.  (Elsewhere in this prospectus we refer to this varying GAWA percentage structure as the “varying benefit percentage”.)

You may elect an Optional Income Upgrade Table for an additional charge (see “Joint For Life GMWB With Bonus and Step-Up Charge” beginning on page 39).  The Optional Income Upgrade Table provides higher GAWA percentages for each age group as reflected in the tables below.

The GAWA percentages for each age group, depending on whether you elected the Optional Income Upgrade Table, are as follows:

Ages
Base GAWA% Table
Optional Income Upgrade Table
35 – 64
3.75%
4.00%
65 – 69
4.25%
4.50%
70  – 74
4.75%
5.00%
75 – 80
5.75%
6.00%
81+
6.75%
7.00%

We reserve the right to prospectively change the GAWA percentages, including the age bands, on new GMWB endorsements.  We recommend you check with your representative to learn about the current level of the GAWA percentages, or contact us at our Annuity Service Center for more information.  Our contact information is on the first page of the prospectus. If we change the GAWA percentages described above, we will follow these procedures:
1) 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 prospectus update 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 127).
 
 
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2) 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 prospectus update. 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.
In each case, the actual GAWA percentages will be reflected in your Contract endorsement.

In connection with a change of GAWA percentages, as described above, we may continue to offer the existing GAWA percentages, in effect prior to the change, as an Optional GAWA% table at an increased charge. The increased charge for any combination of options under the Freedom Flex GMWB will not be greater than the maximum   annual charges shown in the charge tables, which in no event exceed 3.00%. For the charges for each GMWB, please see the section for the applicable GMWB appearing under “Contract Charges” beginning on page 30. Also, please see the “Optional Endorsements” table under the “FEES AND EXPENSES TABLES” beginning on page 5. The Optional GAWA% table will maintain the GAWA percentages for each age group that were available before the change as reflected in the above table.  If we offer the Optional GAWA% table, the notice of change in the form of a prospectus update, that will be delivered to you, will describe both the change to the GAWA percentages, and the Optional GAWA% table and related charges. We reserve the right to prospectively change the GAWA percentages in the Optional GAWA% table, including the age bands, on new GMWB endorsements subject to the notices and procedures described above.

Withdrawals cause the GWB to be recalculated.  Withdrawals will also cause the GAWA to be recalculated if the withdrawal, plus all prior withdrawals in the current Contract Year, exceeds the GAWA, or for certain tax-qualified Contracts only, the RMD (if greater than the GAWA).  In such case, the recalculation of the GAWA will occur whether or not the For Life Guarantee is in effect.  If the GWB is less than the GAWA at the end of any Contract Year and the For Life Guarantee is not in effect, the GAWA will be set equal to the GWB.  This may occur, when over time, payment of the guaranteed withdrawals is nearly complete, the For Life Guarantee is not in effect and the GWB has been depleted to a level below the GAWA. The tables below clarify what happens in each instance.  (RMD denotes the required minimum distribution under the Internal Revenue Code for certain tax-qualified Contracts only.  There is no RMD for non-qualified Contracts.)  In addition, if the For Life Guarantee is not yet in effect, withdrawals that cause the Contract Value to reduce to zero void the For Life Guarantee and it will never become effective.  See “Contract Value is Zero” below for more information.

For certain tax-qualified Contracts, this GMWB allows withdrawals greater than GAWA to meet the Contract's RMD without compromising the endorsement's guarantees.  Examples 6 , 7 and 9 in Appendix D under section “IV.  LifeGuard Freedom Flex” supplement this description. Because the intervals for the GAWA and RMDs are different, namely Contract Years versus calendar years, and because RMDs are subject to other conditions and limitations, if your Contract is a tax-qualified Contract, then please see “RMD NOTES” under “Guaranteed Minimum Withdrawal Benefit Important Special Considerations” on page 52, for more information.

When a withdrawal, plus all prior withdrawals in the current Contract Year, is less than or equal to the greater of the
GAWA or RMD, as applicable
The GWB is recalculated, equaling the greater of:
 
The GWB before the withdrawal less the withdrawal; Or
 
Zero.
 
The GAWA is unchanged.

The GAWA is not reduced if all withdrawals during any one Contract Year do not exceed the greater of the GAWA or RMD, as applicable. The GAWA will be reduced at the end of a Contract Year to equal the GWB if the For Life Guarantee is not in effect and the GWB is nearly depleted, resulting in a GWB that is less than the GAWA.  You may withdraw the greater of the GAWA or RMD, as applicable, all at once or throughout the Contract Year.  Withdrawing less than the greater of the GAWA or RMD, as applicable, in a Contract Year does not entitle you to withdraw more than the greater of the GAWA or RMD, as applicable, in the next Contract Year.  The amount you may withdraw each Contract Year and not cause the GWB and GAWA to be recalculated does not accumulate.

Withdrawing more than the greater of the GAWA or RMD, as applicable, in a Contract Year causes the GWB and GAWA to be recalculated (see below and Example 7 in Appendix D under section “IV.  LifeGuard Freedom Flex”).  In recalculating the GWB, the GWB could be reduced by more than the withdrawal amount.  The GAWA is also likely to be reduced.  Therefore, please note that withdrawing more than the greater of the GAWA or RMD, as applicable, in a Contract Year may have a significantly negative impact on the value of this benefit.
 
 
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When a withdrawal, plus all prior withdrawals in the current Contract Year, exceeds the greater of the GAWA or RMD, as applicable
The GWB is recalculated, equaling the greater of:
 
 
The GWB prior to the partial withdrawal, first reduced dollar-for-dollar for any portion of the partial withdrawal not defined as an Excess Withdrawal (see below), then reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal; Or
 
 
Zero.
 
 
   
The GAWA prior to the partial withdrawal is reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal.

The Excess Withdrawal is defined to be the lesser of:

The total amount of the current partial withdrawal, or

The amount by which the cumulative partial withdrawals for the current Contract Year exceeds the greater of the GAWA or the RMD, as applicable.

Withdrawals under this GMWB are assumed to be the total amount deducted from the Contract Value, including any withdrawal charges, asset allocation fees, recapture charges and other charges or adjustments.  Any withdrawals from Contract Value allocated to a Fixed Account Option may be subject to an Interest Rate Adjustment.  For more information, please see “THE FIXED ACCOUNT” beginning on page 13.  Withdrawals may be subject to a recapture charge on any Contract Enhancements.  Withdrawals in excess of free withdrawals may be subject to a withdrawal charge.
 
Withdrawals under this GMWB are considered the same as any other partial withdrawals for the purposes of calculating any other values under the Contract and any other endorsements (for example, the Contract's death benefit).  All withdrawals count toward the total amount withdrawn in a Contract Year, including systematic withdrawals, RMDs for certain tax-qualified Contracts, withdrawals of asset allocation and advisory fees, and free withdrawals under the Contract.  They are subject to the same restrictions and processing rules as described in the Contract.  They are also treated the same for federal income tax purposes.  For more information about tax-qualified and non-qualified Contracts, please see “TAXES” beginning on page 123.
 
 
If the age of any Covered Life is incorrectly stated at the time of election of the GMWB, on the date the misstatement is discovered, the GWB and the GAWA will be recalculated based on the GAWA percentage applicable at the correct age.  Any future GAWA percentage recalculation will be based on the correct age.  If the age at election of either Covered Life falls outside the allowable age range, the GMWB will be null and void and all GMWB charges will be refunded.
 
Withdrawals made under section 72(t) or section 72(q) of the Code are not considered RMDs for purposes of preserving the guarantees under this GMWB.  Such withdrawals that exceed the GAWA will have the same effect as any withdrawal or excess withdrawal as described above and, consistent with that description, may cause a significant negative impact to your benefit.

Guaranteed Withdrawal Balance Adjustment.  If no withdrawals are taken from the Contract on or prior to the GWB Adjustment Date (as defined below), then you will receive a GWB Adjustment.   Tax-qualified plan Contract owners should consider the impact of Required Minimum Distributions on this benefit since any withdrawal from the Contract will void the GWB adjustment.

The GWB Adjustment Date is the later of:

The Contract Anniversary on or immediately following the youngest Covered Life's 82nd birthday, Or

The 10th Contract Anniversary following the effective date of this endorsement.

The GWB Adjustment is determined as follows:

On the effective date of this endorsement, the GWB Adjustment is equal to 200% of the GWB, subject to a maximum of $5,000,000.

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 200% of the sum of i) the Premium payment, net of any
 
 
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applicable Premium taxes, and ii) any Contract Enhancement, subject to a maximum of $5,000,000.  (See Example 5 in Appendix D under section “IV.  LifeGuard Freedom Flex”.)
 
With each subsequent Premium received on or after 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 amount of the Premium payment, net of any applicable Premium taxes, plus any Contract Enhancements, subject to a maximum of $5,000,000.  (See Example 5 in Appendix D under section “IV.  LifeGuard Freedom Flex”.)

If no partial withdrawals are taken on or prior to the GWB Adjustment Date, the GWB will be re-set on that date to equal the greater of the current GWB or the GWB Adjustment.  No adjustments are made to the Bonus Base or the Benefit Determination Baseline (explained below under “Step-up”).  Once the GWB is re-set, this GWB Adjustment provision terminates.  In addition, if a withdrawal is taken on or before the GWB Adjustment Date, this GWB Adjustment provision terminates without value.  (Please see example 13 in Appendix D under section “IV.  LifeGuard Freedom Flex” for an illustration of this GWB Adjustment provision.)

Premiums.

With each subsequent Premium payment on the Contract
The GWB is recalculated, increasing by the amount of the Premium net of any applicable Premium taxes, plus any Contract Enhancements.
If the Premium payment is received after the first withdrawal, the GAWA is also recalculated, increasing by:
 
The GAWA percentage multiplied by the sum of i) the subsequent Premium payment net of any applicable Premium taxes, and ii) any Contract Enhancement; Or
   
The GAWA percentage multiplied by the increase in the GWB – if the maximum GWB is hit.

We require prior approval for a subsequent Premium payment that would result in your Contract having $1 million of Premiums in the aggregate.  We also reserve the right to refuse subsequent Premium payments.  The GWB can never be more than $5 million.  See Example 5b in Appendix D under section “IV.  LifeGuard Freedom Flex” to see how the GWB is recalculated when the $5 million maximum is hit.

Step-up.  On each Contract Anniversary following the effective date of this GMWB, if the Contract Value is greater than the GWB, the GWB will be automatically re-set to the Contract Value by one of two calculation methods, which must be selected by you at issue and once selected can not be changed.  Under one method the GWB will be reset to the Contract Value on that Contract Anniversary (the “Contract Anniversary Value”) for the applicable 5 and 6% Bonus Options. (a “step-up”). Under the other method the GWB  will be reset annually on each Contract Anniversary to the highest quarterly Contract Value, as described immediately below, for the applicable 5% Bonus Option  (“Highest Quarterly Contract Value “).  (See Examples 8 and 9 in Appendix D under section “IV.  LifeGuard Freedom Flex”.)

The Contract Anniversary Value method, as opposed to the Highest Quarterly Contract Value method, is determined solely by reference to and use of the Contract Value on that Contract Anniversary.

The Highest Quarterly Contract Value is determined by reference to and use of the Contract Values on the highest of the four prior quarterly Contract Values as follows:

The Highest Quarterly Contract Value is equal to the highest of the quarterly adjusted Contract Values from the four most recent Contract Quarterly Anniversaries, including the Contract Anniversary upon which the step-up is determined.  The quarterly adjusted Contract Value is equal to the Contract Value on the Contract Quarterly Anniversary, plus any Premium paid subsequent to that Contract Quarterly Anniversary, net of any applicable Premium taxes, plus any Contract Enhancements, adjusted for any partial withdrawals taken subsequent to that Contract Quarterly Anniversary.

Partial withdrawals will affect the quarterly adjusted Contract Value as follows:

When a withdrawal, plus all prior withdrawals in the current Contract Year, is less than or equal to the greater of the GAWA or RMD, as applicable
The quarterly adjusted Contract Value is equal to the greater of:
 
The quarterly adjusted Contract Value before the withdrawal less the withdrawal; Or
   
Zero.

 
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When a withdrawal,
plus all prior withdrawals in the
current Contract Year, exceeds the greater of the GAWA or RMD, as applicable
The quarterly adjusted Contract Value is equal to the greater of:
 
The quarterly adjusted Contract Value prior to the partial withdrawal, first reduced dollar-for-dollar for any portion of the partial withdrawal not defined as an Excess Withdrawal (see above), then reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal; Or
   
Zero.

In addition to an increase in the GWB, a step-up allows for a potential increase in the GAWA percentage in the event that the step-up occurs after the first withdrawal.  The value used to determine whether the GAWA percentage will increase upon step-up is called the Benefit Determination Baseline (BDB).  The initial BDB equals (a) the initial Premium net of any applicable Premium taxes, plus any Contract Enhancements, if this GMWB is elected at issue, or (b) the Contract Value on the Contract Anniversary on which the endorsement is effective, if elected after issue, as subject to availability.

Upon step-up, if the Contract Value, as determined based on (as applicable) the Contract Anniversary Value or the Highest Quarterly Contract Value, is greater than the BDB and the step-up occurs after the first withdrawal, the GAWA percentage will be re-determined based on the youngest Covered Life's attained age.  If an age band is crossed, the GAWA percentage will be increased.  For example, assume the youngest Covered Life was age 73 at the time of the first withdrawal resulting in, according to the table above, a GAWA percentage of 4.75% (5.00% with the Optional Income Upgrade) .  Also assume that, when the youngest Covered Life is age 76, a step-up occurs and the Contract Value, as determined based on (as applicable) the Contract Anniversary Value or the Highest Quarterly Contract Value  is greater than the BDB; in that case, the GAWA percentage will be re-determined based on the youngest Covered Life's attained age of 76, resulting in a new GAWA percentage of 5.75% (6.00% with the Optional Income Upgrade) .

Upon step-up, if the Contract Value, as determined based on (as applicable) the Contract Anniversary Value or the Highest Quarterly Contract Value, is not greater than the BDB prior to step-up, the GAWA percentage remains unchanged regardless of whether an age band has been crossed.

In the event that the Contract Value, as determined based on (as applicable) the Contract Anniversary Value or the Highest Quarterly Contract Value, is greater than the BDB, the BDB is set equal to that greater Contract Value.  The purpose of this re-set is to increase the BDB that will be used to determine whether the GAWA percentage will increase upon a future step-up if an age band is crossed.

Withdrawals do not affect the BDB.  Subsequent Premium payments increase the BDB by the amount of the Premium net of any applicable Premium taxes, plus any Contract Enhancements.  In addition, unlike the GWB, the BDB is not subject to any maximum amount.  Therefore, it is possible for the BDB to be more than $5 million.

With a Step-up
The GWB equals the Contract Value, as determined based on either the Contract Anniversary Value or the Highest Quarterly Contract Value, subject to a $5 million maximum.
If the Contract Value, as determined based on (as applicable) the Contract Anniversary Value or the Highest Quarterly Contract Value is greater than the BDB is prior to the step-up, then the BDB is set to equal that greater Contract Value (not subject to any maximum amount); and, if the step-up occurs after the first withdrawal, the GAWA percentage is recalculated based on the attained age of the youngest Covered Life.
 
The GAWA percentage will not be recalculated upon step-ups following Spousal Continuation if the spouse electing Spousal Continuation is not a Covered Life.
For all Contracts to which this GMWB is added, if the step-up occurs after the first withdrawal, the GAWA is recalculated, equaling the greater of:
 
The GAWA percentage (as adjusted by any increase  that occurs pursuant to the same step-up) multiplied by the new GWB, Or
   
The GAWA prior to step-up.

PLEASE NOTE: Withdrawals from the Contract reduce the GWB and Contract Value but do not affect the BDB.  In the event of withdrawals, the BDB remains unchanged.  Therefore, because the Contract Value must be greater than the BDB prior to step-up in order for the GAWA percentage to increase, a GAWA percentage increase may become less likely when withdrawals are made from the Contract.
 
 
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Upon step-up on or after the 2nd Contract Anniversary following the effective date of this GMWB, the GMWB charge may be increased, subject to the maximum annual charge for each available combination of Options. You will be notified in advance of a GMWB Charge increase and may elect to discontinue the automatic step-ups.  Such election must be received in Good Order prior to the Contract Anniversary.  Please be aware that election to discontinue the automatic step-ups will also discontinue the application of the GWB bonus.  While electing to discontinue the automatic step-ups will prevent an increase in charge, discontinuing step-ups and, therefore, discontinuing application of the GWB bonus also means foregoing possible increases in your GWB and/or GAWA so carefully consider this decision should we notify you of a charge increase.  (Please see the “Bonus” subsection below for more information.)  Also know that you may subsequently elect to reinstate the step-up provision together with the GWB bonus provision at the then current GMWB Charge.  All requests will be effective on the Contract Anniversary following receipt of the request in Good Order, and any reinstatement of the GWB bonus provision will not reinstate any bonuses that would have been credited during the period when the GWB bonus provision was discontinued.

The GWB can never be more than $5 million with a step-up.  However, the BDB is not subject to a $5 million maximum; therefore, it is still possible for the GAWA percentage to increase even when the GWB has hit its $5 million maximum because automatic step-ups still occur if the Contract Value is greater than the BDB.  For example, assume the GWB and BDB are equal to $5 million prior to a step-up.  Also assume that the GAWA percentage is 5% and the GAWA is $250,000.  If, at the time of step-up, the Contract Value is $6 million, a step-up will occur.  The GWB will remain at its maximum of $5 million but the BDB will be set equal to $6 million.  If an age band has been crossed and the GAWA percentage for the youngest Covered Life’s attained age is 6%, then the GAWA will be equal to $300,000 (6% x $5 million).

Please consult the representative who helped you purchase your Contract to be sure if a step-up is right for you and about any increase in charges upon a step-up. Upon step-up, the applicable GMWB charge will be reflected in your confirmation.

Owner's Death.  The Contract's death benefit is not affected by this GMWB so long as Contract Value is greater than zero and the Contract is still in the accumulation phase.  Upon the death of the sole Owner of a qualified Contract or the death of either joint Owner of a non-qualified Contract while the Contract is still in force, this GMWB terminates without value, unless continued by the surviving spouse.  Please see the information beginning on page 100 regarding the required ownership and beneficiary structure under both qualified and non-qualified Contracts when selecting this GMWB.

Contract Value Is Zero.  With this GMWB, in the event the Contract Value is zero, the Owner will receive annual payments of the GAWA until the death of the last surviving Covered Life, so long as the For Life Guarantee is in effect and the Contract is still in the accumulation phase.  If the For Life Guarantee is not in effect, the Owner will receive annual payments of the GAWA until the earlier of the death of the Owner (or the death of any joint Owner) or the date the GWB, if any, is depleted, so long as the Contract is still in the accumulation phase.  The last payment will not exceed the remaining GWB at the time of payment.  If the GAWA percentage has not yet been determined, it will be set at the GAWA percentage corresponding to the youngest Covered Life's attained age at the time the Contract Value falls to zero and the GAWA will be equal to the GAWA percentage multiplied to the GWB.

After each payment when the Contract Value is
zero
The GWB is recalculated, equaling the greater of:
 
 
The GWB before the payment less the payment; Or
 
 
Zero.
 
 
The GAWA is unchanged. At the end of each Contract Year, if the GWB is less than the GAWA and the For Life Guarantee is not in effect, the GAWA is set equal to the GWB.

Payments are made on the periodic basis you elect, but no less frequently than annually.  Upon death of the last surviving Covered Life, all rights under the Contract cease.  No subsequent Premium payments will be accepted.  All optional endorsements terminate without value.  And no death benefit is payable.

Spousal Continuation.  In the event of the Owner's (or either joint Owner's) death, the surviving spousal Beneficiary may elect to:

Continue the Contract with this GMWB – so long as Contract Value is greater than zero, and the Contract is still in the accumulation phase.  (The date the spousal Beneficiary's election to continue the Contract is in Good Order is called the Continuation Date.)
 
   
If the surviving spouse is a Covered Life, then the For Life Guarantee remains effective on and after the Continuation Date.
 
 
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If the surviving spouse is not a Covered Life, the For Life Guarantee is null and void.  However, the surviving spouse will be entitled to make withdrawals until the GWB is exhausted.
 
   
For a surviving spouse who is a Covered Life, continuing the Contract with this GMWB is necessary to be able to fully realize the benefit of the For Life Guarantee.  The For Life Guarantee is not a separate guarantee and only applies if the related GMWB has not terminated.
 
   
If the surviving spouse is a Covered Life and a GWB Adjustment provision is in force on the Continuation Date then the provision will continue to apply in accordance with the applicable GWB Adjustment provision rules above.  The GWB Adjustment date will continue to be based on the original effective date of the endorsement or the youngest Covered Life's attained age, as applicable.
 
If the surviving spouse is not a Covered Life, any GWB Adjustment is null and void.
 
   
Step-ups will continue as permitted in accordance with the step-up rules above.
 
New GAWA percentages will continue to be determined in accordance with the step-up rules above if the continuing spouse is a Covered Life.  No such new GAWA percentages will be determined subsequent to continuation by a spouse who is not a Covered Life.
 
   
Contract Anniversaries will continue to be based on the original Contract's Issue Date.
 
   
If the surviving spouse is a Covered Life, the GAWA percentage will continue to be calculated and/or recalculated based on the youngest Covered Life's attained age.
 
   
If the surviving spouse is not a Covered Life and if the GAWA percentage has not yet been determined, the GAWA percentage will be based on the youngest Covered Life's attained age on the Continuation Date (as if that person survived to that date).
 
   
The Latest Income Date is based on the age of the surviving spouse.  Please refer to “Annuitization” subsection below for information regarding the additional Income Options available on the Latest Income Date.
 
   
A new joint Owner may not be added in a non-qualified Contract if a surviving spouse continues the Contract.
 
Continue the Contract without this GMWB (GMWB is terminated) if the surviving spouse is not a Covered Life.  Thereafter, no GMWB charge will be assessed.  If the surviving spouse is a Covered Life, the Contract cannot be continued without this GMWB.
 

For more information about spousal continuation of a Contract, please see “Special Spousal Continuation Option” beginning on page 122.

Termination.  This GMWB terminates, subject to a prorated GMWB Charge assessed for the period since the last monthly charge, and all benefits cease on the earliest of:
 
 
The Income Date;
 
The date of complete withdrawal of Contract Value (full surrender of the Contract);
 
   
In surrendering your Contract, you will receive the Contract Value less any applicable charges and adjustments and not the GWB or the GAWA you would have received under this GMWB.
 
Conversion of this GMWB (if conversion is permitted);
 
The date of death of the Owner (or any joint Owner), unless the Beneficiary who is the Owner's spouse elects to continue the Contract with the GMWB (continuing the Contract with this GMWB is necessary to be able to fully realize the benefit of the For Life Guarantee if the surviving spouse is a Covered Life);
 
 
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The Continuation Date on a Contract if the spousal Beneficiary, who is not a Covered Life, elects to continue the Contract without the GMWB; or
 
The date all obligations for payment under this GMWB are satisfied after the Contract has terminated pursuant to the termination provisions of the Contract.

This GMWB may not otherwise be terminated independently from termination of the Contract.
 
 
Annuitization.

Joint Life Income of GAWA.  On the Latest Income Date if the For Life Guarantee is in effect, the Owner may choose this income option instead of one of the other income options listed in the Contract.  This income option provides payments in a fixed dollar amount for the lifetime of last surviving Covered Life.  The total annual amount payable will equal the GAWA in effect at the time of election of this option.  This annualized amount will be paid in the frequency (no less frequently than annually) that the Owner selects.  No further annuity payments are payable after the death of the last surviving Covered Life, and there is no provision for a death benefit payable to the Beneficiary.  Therefore, it is possible for only one annuity payment to be made under this Income Option if both Covered Lives die before the due date of the second payment.

If the GAWA percentage has not yet been determined, the GAWA percentage will be based on the youngest Covered Life's attained age at the time of election of this option.  The GAWA percentage will not change after election of this option.

Specified Period Income of the GAWA.  On the Latest Income Date if the For Life Guarantee is not in effect, the Owner may choose this income option instead of one of the other income options listed in the Contract.  (This income option only applies if the GMWB has been continued by the spousal Beneficiary and the spousal Beneficiary is not a Covered Life in which case the spouse becomes the Owner of the Contract and the Latest Income Date is based on the age of the spouse.)

This income option provides payments in a fixed dollar amount for a specific number of years.  The actual number of years that payments will be made is determined on the calculation date by dividing the GWB by the GAWA.  Upon each payment, the GWB will be reduced by the payment amount, and no payments will be made in excess of the remaining GWB. The annual amount payable will equal the GAWA, except that the last payment may be a smaller amount equal to the then-remaining GWB.  This annualized amount will be paid over the specific number of years in the frequency (no less frequently than annually) that the Owner selects.  If the Owner should die before the payments have been completed, the remaining payments will be made to the Beneficiary, as scheduled.

The “Specified Period Income of the GAWA” income option may not be available if the Contract is issued as a tax-qualified Contract under Sections 401, 403, 408 or 457 of the Internal Revenue Code.  For such Contracts, this income option will only be available if the guaranteed period is less than the life expectancy of the spouse at the time the option becomes effective.

See “Guaranteed Minimum Withdrawal Benefit General Considerations” and “Guaranteed Minimum Withdrawal Benefit Important Special Considerations” beginning on page 52 for additional things to consider before electing a GMWB; when electing to annuitize your Contract after having purchased a GMWB; or when the Latest Income Date is approaching and you are thinking about electing or have elected a GMWB.

Effect of GMWB on Tax Deferral.  This GMWB may not be appropriate for Owners who have as a primary objective taking maximum advantage of the tax deferral that is available to them under an annuity contract to accumulate assets.  Please consult your tax and financial advisors before adding this GMWB to a Contract.

Bonus.  The primary purpose of the bonus is to act as an incentive for you to defer taking withdrawals.  A bonus equal to 5 or 6% of the Bonus Base (defined below) will be applied to the GWB at the end of each Contract Year within the Bonus Period (also defined below) if no withdrawals are taken during that Contract Year.  The percentage that actually applies under your GMWB is the one that is included as the bonus rate in the combination of Options that you elect.  The bonus enables the GWB and GAWA to increase in a given Contract Year (even during a down market relative to your Contract Value allocated to the Investment Divisions).  The increase, however, may not equal the amount that your Contract Value has declined.  This description of the bonus feature is supplemented by the examples in Appendix D under section “IV.  LifeGuard Freedom Flex”, particularly example 10 .  The box below has more information about the bonus, including:
 
 
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How the bonus is calculated;
 
What happens to the Bonus Base (and bonus) with a withdrawal, Premium payment, and any step-up;
 
For how long the bonus is available; and
 
When and what happens when the bonus is applied to the GWB.

The bonus equals 5 or 6 % of the Bonus Base.  The Bonus Base may vary after this GMWB is added to the Contract, as described immediately below.
 
 
When this GMWB is added to the Contract, the Bonus Base equals the GWB.
 
 
With a withdrawal, if that withdrawal, and all prior withdrawals in the current Contract Year, exceeds the greater of the GAWA and the RMD, as applicable, then the Bonus Base is set to the lesser of the GWB after, and the Bonus Base before, the withdrawal.  Otherwise, there is no adjustment to the Bonus Base with withdrawals.
 
     
All withdrawals count, including: systematic withdrawals; RMDs for certain tax-qualified Contracts; withdrawals of asset allocation and advisory fees; and free withdrawals under the Contract.
     
A withdrawal in a Contract Year during the Bonus Period (defined below) precludes a bonus for that Contract Year.
 
 
With a Premium payment, the Bonus Base increases by the amount of the Premium payment net of any applicable Premium taxes, plus any Contract Enhancement.
 
 
With any step-up (if the GWB increases upon step-up), the Bonus Base is set to the greater of the GWB after, and the Bonus Base before, the step-up.
 
The Bonus Base can never be more than $5 million.
 
The bonus is applied at the end of each Contract Year during the Bonus Period, if there have been no withdrawals during that Contract Year.  Conversely, any withdrawal, including but not limited to systematic withdrawals and required minimum distributions, taken in a Contract Year during the Bonus Period causes the bonus not to be applied.
 
When the bonus is applied:
 
 
The GWB is recalculated, increasing by 5 or 6 % (as applicable) of the Bonus Base.
 
 
If the Bonus is applied after the first withdrawal (in a prior year), the GAWA is then recalculated, equaling the greater of the GAWA percentage multiplied by the new GWB or the GAWA before the bonus.
 
Applying the bonus to the GWB does not affect the Bonus Base, GWB Adjustment or BDB.
 
The Bonus is only available during the Bonus Period.  The Bonus Period begins on the effective date of this GMWB endorsement.  In addition, the Bonus Period will re-start at the time the Bonus Base increases due to a step-up so long as the step-up occurs on or before the Contract Anniversary immediately following the youngest Covered Life's 80th birthday.  (See example below.)
 
 
 
The tenth Contract Anniversary following (1) the effective date of the endorsement or (2) the most recent increase to the Bonus Base due to a step-up, if later; or
 
The date the Contract Value is zero.
 
The Bonus Base will continue to be calculated even after the Bonus Period expires.  Therefore, it is possible for the Bonus Period to expire and then re-start on a later Contract Anniversary if the Bonus Base increases due to a step-up.  Such a restart, however, will not reinstate any bonus that would have been credited on  a prior date that was not within a Bonus Period.
 
 
 
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The purpose of the re-start provision is to extend the period of time over which the Owner is eligible to receive a bonus.  For example, assume this GMWB was added to a Contract on December 1, 2013 .  At that time, the bonus period is scheduled to expire on December 1, 2023 (which is the tenth Contract Anniversary following the effective date of the endorsement).  If a step-up increasing the Bonus Base occurs on the third Contract Anniversary following the effective date of the endorsement (December 1, 2016 ), and the youngest Covered Life is younger than age 80, the Bonus Period will re-start and will be scheduled to expire on December 1, 2026 .  Further, assuming that the next Bonus Base increase due to a step-up does not occur until December 1, 2028 (which is two years after the Bonus Period in this example expired) and that the youngest Covered Life is still younger than age 80 at that time, the Bonus Period would re-start on December 1, 2028 , and would be scheduled to expire on December 1, 2038 .  (Please also see Examples 8 and 9 in Appendix D under section “IV.  LifeGuard Freedom Flex” for more information regarding the re-start provision.)
 
Spousal continuation of a Contract with this GMWB does not affect the Bonus Period; Contract Anniversaries are based on the Contract's Issue Date.

Guaranteed Minimum Withdrawal Benefit For Stretch RMDs (“MarketGuard Stretch GMWB”). The following description of this GMWB is supplemented by the examples in Appendix D under section “V.  MarketGuard Stretch”, particularly example 2 for the varying benefit.

This GMWB is available under Contracts which are purchased by the Owner with proceeds that are payable to the Owner as beneficiary of tax qualified or non-qualified death benefits as a result of the death of an owner of a qualified plan, or the death of an owner of a tax-qualified or non-qualified annuity contract. This GMWB is also available to an eligible Beneficiary entitled to death benefit payments under an existing Contract, who will be considered an Owner for purposes of this GMWB. The proceeds must be subject to the minimum distribution requirements of the Internal Revenue Code (the “Code”) applicable to beneficiaries.  The distributions that will be made under this GMWB are commonly referred to as “MarketGuard Stretch” distributions since they allow beneficiaries to receive payments over a period of time not exceeding their life expectancies.

Availability of this GMWB is subject to the following additional requirements:

·  
For Owners age 70 or younger on the date this GMWB is issued, this GMWB must be elected no later than five years after the date of the death of the original owner.  For Owners age 71 through age 80 on the date this GMWB is issued, this GMWB must be elected before the Owner begins taking distributions (or is required to begin taking distributions) to meet the stretch minimum distribution requirements.  For endorsements issued before April 29, 2013, eligible owners of any age must have elected the GMWB before the Owner began taking distributions (or was required to begin taking distributions) to meet the stretch minimum distribution requirements.

·  
This GMWB is not available if a trust was the designated beneficiary of the death benefit proceeds and as a result the Owner must apply the life expectancy payout method using an age different from his or her own.

·  
The Owner must meet the applicable minimum distribution requirements by electing the life expectancy payout method as defined under the Code applicable to beneficiaries. This GMWB is not available if the Owner uses other payout methods, including payout methods available only for surviving spouses under special Code rules.

·  
The Owner must commence the minimum distributions not later than 1 year after the deceased owner’s death (for non-qualified Contracts) or not later than the end of the calendar year following the calendar year in which the deceased owner died (for tax-qualified Contracts).

This GMWB guarantees partial withdrawals during the Contract's accumulation phase (i.e., before the Income Date) until the earliest of:

·  

·  
Until all withdrawals under the Contract equal the Guaranteed Withdrawal Balance (GWB), without regard to Contract Value (The GWB is the guaranteed amount available for future periodic withdrawals); or

·  
The Contract Anniversary occurring in the GMWB Maturity Year (please see the “GMWB Maturity Year” section on page 115).

PLEASE NOTE: The guarantees of this GMWB are subject to the endorsement's terms, conditions, and limitations that are explained below.
 
 
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Please consult the representative who is helping, or who helped, you purchase your Contract and your tax advisor to be sure that this GMWB ultimately suits your needs.

This GMWB is available to individual Owners up to 80 years old on the latest required date of the first minimum distribution under the Internal Revenue Code applicable to the Contract (proof of age is required); may be added to a Contract on or after the Issue Date; and once added cannot be canceled.   If you want to elect this GMWB after the Contract Issue Date (subject to availability), we must receive a request in Good Order.  This GMWB is not available on a Contract that already has a GMWB (only one GMWB per Contract).

This GMWB is available to natural Owners on qualified and non-qualified Contracts. It is also available to non-natural Owners on qualified Contracts. Joint annuitants are not permitted if there is a non-natural Owner.

We allow ownership changes of a Contract with this GMWB only when the Owner is a trust and the ownership change is to the Annuitant.  Otherwise, ownership changes are not allowed.  Changing Annuitants is not allowed.  Availability of this GMWB may be subject to further limitation.

There is a limit on withdrawals each Contract Year to keep the guarantees of this GMWB in full effect – the greater of the Guaranteed Annual Withdrawal Amount (GAWA) and the required minimum distribution under the Contract (Stretch RMD).  Please see “Election” and “Withdrawals” below for more information about the GAWA.  For purposes of this GMWB, the Stretch RMD is the amount defined by the Internal Revenue Code as the minimum distribution requirement under the life expectancy payout method applicable to the Contract which is attributable to the proceeds from the death of an owner of a qualified plan, or the death of an owner of a tax-qualified or non-qualified annuity contract. Withdrawals exceeding the above limit cause the GWB and GAWA to be recalculated.

Election.  The GWB depends on when this GMWB is added to the Contract, and the GAWA derives from the GWB.

When this GMWB is added to the Contract on the Issue Date
The GWB equals initial Premium net of any applicable Premium taxes.
 
 
The GAWA is determined based on the Owner's attained age at the time of first withdrawal and equals the GAWA percentage multiplied by the GWB prior to the partial withdrawal.  See the GAWA percentage table below.


When this GMWB is added to the Contract after the Issue Date   –
The GWB equals Contract Value less the recapture charge on any Contract Enhancement.
 
 
The GAWA is determined based on the Owner's attained age at the time of first withdrawal and equals the GAWA percentage multiplied by the GWB prior to the partial withdrawal.  See the GAWA percentage table below.

Contract Enhancements and the corresponding recapture charges are not included in the calculation of the GWB when this GMWB is added to the Contract on the Issue Date.  This is why Premium (net of any applicable Premium taxes) is used to calculate the GWB when this GMWB is added to the Contract on the Issue Date.  If you instead add this GMWB to your Contract post issue (subject to availability), the GWB is calculated based on Contract Value, which includes any previously applied Contract Enhancements, and, as a result, we subtract any applicable recapture charge from the Contract Value to calculate the GWB.  In any event, with Contract Enhancements, the result is a GWB that is less than Contract Value when this GMWB is added to the Contract.  (See Example 1 in Appendix D under section “V.  MarketGuard Stretch”.)  The GWB can never be more than $5 million, and the GWB is reduced by each withdrawal.

PLEASE NOTE:  Upon the Owner's death, this GMWB may be continued by a Beneficiary.  Please see the “Continuation By Beneficiary” subsection below for more information.

Withdrawals.  The GAWA percentage and the GAWA are determined at the time of the first withdrawal.  The GAWA is equal to the GAWA percentage multiplied by the GWB prior to the partial withdrawal.  The GAWA percentage varies according to age group and is determined based on the Owner's attained age at the time of the first withdrawal.  For a qualified Contract with a non-natural Owner, the age of the Annuitant is used to determine the GAWA percentage.  The GAWA percentage for each age group is:

 
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Ages
GAWA Percentage
0 – 54
4.5%
55 – 59
5.0%
60+
5.5%

We reserve the right to prospectively change the GAWA percentages, including the age bands, on new GMWB endorsements. We recommend you check with your representative to learn about the current level of the GAWA percentages, or contact us at the Annuity Service Center for more information.  Our contact information is on the first page of the prospectus. If we change the GAWA percentages described above, we will follow these procedures:
1) 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 prospectus update 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 127).
2) 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 prospectus update. 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.
In each case, the actual GAWA percentages will be reflected in your Contract endorsement.

Withdrawals cause the GWB to be recalculated.  Withdrawals may also cause the GAWA  to be recalculated, depending on whether or not the withdrawal, plus all prior withdrawals in the current Contract Year, is less than or equal to the GAWA, or  the Stretch RMD (if greater than the GAWA).  If the GWB falls below the GAWA at the end of a Contract Year, the GAWA will be reset to equal the GWB.  This may occur, when over time, payment of guaranteed withdrawals is nearly complete and the GWB has been depleted.  The tables below clarify what happens in each instance.

This GMWB allows withdrawals greater than the GAWA to meet the Contract's Stretch RMD without compromising the endorsement's guarantees.  Examples 4 and 5 in Appendix D under section “V.  MarketGuard Stretch” supplement this description.  Because the intervals for the GAWA and Stretch RMDs are different, namely Contract Years versus calendar years, and because Stretch RMDs are subject to other conditions and limitations, please see “Stretch RMD NOTES” below for more information.

When a withdrawal, plus all prior withdrawals in the current Contract Year, is less than or equal to the greater of the GAWA or Stretch RMD, as applicable
The GWB is recalculated, equaling the greater of:
 
 
The GWB before the withdrawal less the withdrawal; Or
 
   
Zero.
 
 
The GAWA and the GMWB Charge Base are unchanged.   At the end of each Contract Year, if the GWB is less than the GAWA, the GAWA is set equal to the GWB.

You may withdraw the greater of the GAWA or Stretch RMD, as applicable, all at once or throughout the Contract Year.  Withdrawing less than the greater of the GAWA or Stretch RMD, as applicable, in a Contract Year does not entitle you to withdraw more than the greater of the GAWA or Stretch RMD, as applicable, in the next Contract Year.  The amount you may withdraw each Contract Year and not cause the GWB and GAWA to be recalculated does not accumulate.

Withdrawing more than the greater of the GAWA or Stretch RMD, as applicable, in a Contract Year causes the GWB and GAWA to be recalculated (see below and Example 5 in Appendix D under section “V.  MarketGuard Stretch”).  In recalculating the GWB, the GWB could be reduced by more than the withdrawal amount.  The GAWA is also likely to be reduced.  Therefore, please note that withdrawing more than the greater of the GAWA or Stretch RMD, as applicable, in a Contract Year may have a significantly negative impact on the value of this benefit and may lead to its premature termination.

 
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When a withdrawal, plus all prior withdrawals in the current Contract Year, exceeds the greater of the GAWA or Stretch RMD, as applicable 
The GWB is recalculated, equaling the greater of:
 
 
The GWB prior to the partial withdrawal, first reduced dollar-for-dollar for any portion of the partial withdrawal not defined as an Excess Withdrawal (see below), then reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal; Or
 
 
Zero.
 
 
   
The GAWA prior to the partial withdrawal reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal.


The Excess Withdrawal is defined to be the lesser of:

The total amount of the current partial withdrawal, Or
 
The amount by which the cumulative partial withdrawals for the current Contract Year exceeds the greater of the GAWA or the Stretch RMD, as applicable.

Withdrawals under this GMWB are assumed to be the total amount deducted from the Contract Value, including any withdrawal charges, recapture charges and other charges or adjustments.  Stretch RMD withdrawals in excess of the free withdrawal amount are not subject to a withdrawal charge.  Any withdrawals from Contract Value allocated to a Fixed Account Option may be subject to an Interest Rate Adjustment.  For more information, please see “THE FIXED ACCOUNT” beginning on page 13.  Withdrawals may be subject to a recapture charge on any Contract Enhancement.  Withdrawals in excess of free withdrawals may be subject to a withdrawal charge.

Withdrawals under this GMWB are considered the same as any other partial withdrawals for the purposes of calculating any other values under the Contract and any other endorsements (for example, the Contract's death benefit).  All withdrawals count toward the total amount withdrawn in a Contract Year, including systematic withdrawals, Stretch RMDs, withdrawals of asset allocation and advisory fees, partial transfers and free withdrawals under the Contract.  They are subject to the same restrictions and processing rules as described in the Contract.  They are also treated the same for federal income tax purposes.  For more information about tax-qualified and non-qualified Contracts, please see “TAXES” beginning on page 123.

If the age of any Owner is incorrectly stated at the time of election of the GMWB, on the date the misstatement is discovered, the GWB and the GAWA will be recalculated based on the GAWA percentage applicable at the correct age.  Any future GAWA percentage recalculation will be based on the correct age.  If the age at election of the Owner falls outside the allowable age range, the GMWB will be null and void and all GMWB charges will be refunded.   If the date of death of the previous owner is incorrectly stated at the time of election of the GMWB, on the date the misstatement is discovered, the eligibility of GMWB election will be re-determined based on the correct date of death. If it is determined that the GMWB could not have been elected based on the correct date of death, the GMWB will be null and void and all GMWB charges will be refunded.

STRETCH RMD NOTES:  Notice of a Stretch RMD is required at the time of your withdrawal request, and there is an administrative form for such notice.  The administrative form allows for one time or systematic withdrawals.  We may require you to set up a systematic withdrawal program to meet the Stretch RMDs. Eligible withdrawals that are specified as Stretch RMDs may only be taken based on the value of the Contract to which the endorsement applies, even where the Internal Revenue Code allows for the taking of Stretch RMDs for multiple contracts from a single contract.  You, as Owner, are responsible for complying with the Internal Revenue Code's Stretch RMD requirements.  If your requested Stretch RMD exceeds our calculation of the Stretch RMD for your contract, your request will not be eligible for the waiver of any applicable charges (i.e. withdrawal charges and recapture charges) and we will impose those charges, which will be reflected in the confirmation of the transaction.  For information regarding the Stretch RMD calculation for your Contract, please contact our Annuity Service Center.  Our contact information is on the cover page of this prospectus.
Under the Internal Revenue Code, Stretch RMDs are calculated and taken on a calendar year basis.  But with this GMWB, the GAWA is based on Contract Years.  Because the intervals for the GAWA and Stretch RMDs are different, the endorsement's guarantees may be more susceptible to being compromised.  With tax-qualified Contracts, if the sum of your total partial withdrawals in a Contract Year exceeds the greatest of the Stretch RMD for each of the two calendar years occurring in that Contract Year and the GAWA for that Contract Year, then the GWB and GAWA could be adversely recalculated, as described above.  (If your Contract Year is the same as the calendar year, then the sum of your total partial withdrawals should
 
 
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 not exceed the greater of the Stretch RMD and the GAWA.)  Below is an example of how this modified limit would apply.
 
Assume a tax-qualified Contract with a Contract Year that runs from July 1 to June 30, and that there are no withdrawals other than as described.  The GAWA for the 2014 Contract Year (ending June 30) is $10.  The Stretch RMDs for calendar years 2013 and 2014 are $14 and $16, respectively.
 
If the Owner takes $7 in each of the two halves of calendar year 2013 and $8 in each of the two halves of calendar year 2014 , then at the time the withdrawal in the first half of calendar year 2014 is taken, the Owner will have withdrawn $15.  Because the sum of the Owner's withdrawals for the 2014 Contract Year is less than the higher Stretch RMD for either of the two calendar years occurring in that Contract Year, the GWB and GAWA would not be adversely recalculated.
 
Examples that are relevant or specific to tax-qualified Contracts, illustrating this GMWB, in varying circumstances and with specific factual assumptions, are at the end of the prospectus in Appendix D under section “V.  MarketGuard Stretch”, particularly examples 4 and 5.  Please consult the representative who is helping, or who helped, you purchase your tax-qualified Contract, and your tax adviser, to be sure that this GMWB ultimately suits your needs relative to your Stretch RMD.

Premiums.

Subsequent Premium payments are only permitted on tax-qualified Contracts and must be a transfer from a qualified plan. Subsequent Premium payments must be received within 180 days of the Issue Date.

With each subsequent Premium payment on the Contract -
The GWB is recalculated, increasing by the amount of the Premium net of any applicable Premium taxes.
 
If the Premium payment is received after the first withdrawal, the GAWA is also recalculated, increasing by:
 
 
The GAWA percentage multiplied by the subsequent Premium payment net of any applicable Premium taxes; Or
 
   
The GAWA percentage multiplied by the increase in the GWB – if the maximum GWB is hit.

We require prior approval for a subsequent Premium payment that would result in your Contract having $1 million of Premiums in the aggregate.  We also reserve the right to refuse subsequent Premium payments.  The GWB can never be more than $5 million.  See Example 3b in Appendix D under section “V.  MarketGuard Stretch” to see how the GWB is recalculated when the $5 million maximum is hit.

GMWB Maturity Year. On the Contract Anniversary occurring in the GMWB Maturity Year, an amount equal to the excess of the GWB over Contract Value will be paid to the Owner. If the GWB is less than the Contract Value, no payment will be made.  In either case, the GWB will be set to zero and the GMWB will terminate.  The GMWB Maturity Year is determined from the chart below based on the Owner’s attained age on the latest required date for the first Stretch RMD. When determining the GMWB Maturity Year for endorsements issued on or after April 29, 2013 , the latest required date for the first Stretch RMD is considered the beginning of the first year . For endorsements issued before April 29, 2013 , the endorsement effective date is considered the beginning of the first year.

Age
GMWB Maturity Year
 
Age
GMWB Maturity Year
 
Age
GMWB Maturity Year
0
82
 
27
56
 
54
30
1
81
 
28
55
 
55
29
2
80
 
29
54
 
56
28
3
79
 
30
53
 
57
27
4
78
 
31
52
 
58
26
5
77
 
32
51
 
59
26
6
76
 
33
50
 
60
25
7
75
 
34
49
 
61
24
8
74
 
35
48
 
62
23
9
73
 
36
47
 
63
22
10
72
 
37
46
 
64
21
11
71
 
38
45
 
65
20
 
 
115

 
 
12
70
 
39
44
 
66
20
13
69
 
40
43
 
67
19
14
68
 
41
42
 
68
18
15
67
 
42
41
 
69
17
16
66
 
43
40
 
70
16
17
65
 
44
39
 
71
16
18
64
 
45
38
 
72
15
19
63
 
46
37
 
73
14
20
62
 
47
36
 
74
14
21
62
 
48
35
 
75
13
22
61
 
49
35
 
76
12
23
60
 
50
34
 
77
12
24
59
 
51
33
 
78
11
25
58
 
52
32
 
79
10
26
57
 
53
31
 
80
10

See Example 6 in Appendix D under section “V.  MarketGuard Stretch” to see how the GMWB Maturity Year affects your GMWB.

Owner's Death.  The Contract's death benefit is not affected by this GMWB so long as Contract Value is greater than zero and the Contract is still in the accumulation phase.  Upon your death while the Contract is still in force, this GMWB terminates without value unless continued by the Beneficiary.

Contract Value Is Zero.  If your Contract Value is reduced to zero as the result of a partial withdrawal, contract charges or poor Fund performance and the GWB is greater than zero, the GWB will be paid to you on a periodic basis elected by you, which will be no less frequently than annually, so long as the Contract is still in the accumulation phase.  The total annual payment will equal the GAWA, but will not exceed the current GWB.  If the GAWA percentage has not yet been determined, it will be set at the GAWA percentage corresponding to the Owner's attained age at the time the Contract Value is reduced to zero and the GAWA will be equal to the GAWA percentage multiplied by the GWB. On the Contract Anniversary occurring in the GMWB Maturity Year, any remaining GWB will be paid to the Owner and no further payments will be made.

After each payment when the Contract Value is zero
The GWB is recalculated, equaling the greater of:
 
 
The GWB before the payment less the payment; Or
 
 
Zero.
 
 
The GAWA is unchanged. At the end of each Contract Year, if the GWB is less than the GAWA, the GAWA is set equal to the GWB.

All other rights under your Contract cease and we will no longer accept subsequent Premium payments and all optional endorsements are terminated without value.  Upon your death as the Owner, all payments cease and no death benefit is payable.

Continuation By Beneficiary.  Upon the death of the Owner under a Qualified Plan Contract with a single Beneficiary, the Beneficiary may elect to continue the GMWB. If elected, the GMWB will continue and may not be terminated subsequently. If the GAWA% has been determined, no adjustment will be made to the GWB, the GAWA, the GMWB Charge Base, or the GMWB Maturity Year, at the time of continuation.  If the GAWA percentage has not yet been determined, it will be set at the GAWA percentage corresponding to the original Owner's attained age on the continuation date and the GAWA will be equal to the GAWA percentage multiplied by the GWB.

Termination.  This GMWB terminates subject to a prorated GMWB Charge assessed for the period since the last quarterly or monthly charge and all benefits cease on the earliest of:

The Income Date;
   
The date of complete withdrawal of Contract Value (full surrender of the Contract);
 
   
In surrendering your Contract, you will receive the Contract Value less any applicable charges and adjustments and not the GWB or the GAWA you would have received under this GMWB.
 
The date of the Owner's death, unless the Beneficiary elects to continue a qualified  Contract with the GMWB;
 
 
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The first date the GWB equals zero.

Effect of GMWB on Tax Deferral.  This GMWB may not be appropriate for Owners who have as a primary objective taking maximum advantage of the tax deferral that is available to them under an annuity contract to accumulate assets.  Please consult your tax and financial advisors before adding this GMWB to a Contract.

Systematic Withdrawal Program. You can arrange to have money automatically sent to you periodically while your Contract is still in the accumulation phase.  You may withdraw a specified dollar amount (of at least $50 per withdrawal), a specified percentage or earnings.  Your withdrawals may be on a monthly, quarterly, semi-annual or annual basis.  If you have arranged for systematic withdrawals, schedule any planned step-up under a GMWB to occur prior to the withdrawal.  Example 7 in Appendix D under sections “I.  SafeGuard Max” and “II.  AutoGuard 5, AutoGuard 6,” and Example 9 in Appendix D under sections “III.  LifeGuard Freedom 6 Net” and “IV.  LifeGuard Freedom Flex” illustrates the consequences of a withdrawal preceding a step-up. There is no charge for the Systematic Withdrawal Program;
however, you will have to pay taxes on the money you receive.  You may also be subject to a withdrawal charge and an Interest Rate Adjustment.

Suspension of Withdrawals or Transfers. We may be required to suspend or delay withdrawals or transfers from an Investment Division when:

the New York Stock Exchange is closed (other than customary weekend and holiday closings);
 
under applicable SEC rules, trading on the New York Stock Exchange is restricted;
 
under applicable SEC rules, an emergency exists so that it is not reasonably practicable to dispose of securities in an Investment Division or determine the value of its assets; or,
 
the SEC, by order, may permit for the protection of Contract Owners.

We have reserved the right to defer payment for a withdrawal or transfer from the Fixed Account for up to six months or the period permitted by law.

INCOME PAYMENTS (THE INCOME PHASE)

The income phase of your Contract occurs when you begin receiving regular income payments from us.  The Income Date is the day on which those payments begin.  Once income payments begin, the Contract cannot be returned to the accumulation phase.  The Income Date must be at least 13 months after the Contract's Issue Date.  You can choose the Income Date and an income option.  All of the Contract Value must be annuitized.  The income options are described below.

If you do not choose an income option, we will assume that you selected Option 3, which provides a life annuity with 120 months of guaranteed payments.

You can change the Income Date or income option at least seven days before the Income Date, but changes to the Income Date may only be to a later date.  You must give us written notice at least seven days before the scheduled Income Date.  Income payments must begin by the Contract Anniversary on or next following your 95th birthday under a non-qualified Contract, or by such earlier date as required by the applicable qualified plan, law or regulation.

Under a traditional Individual Retirement Annuity, required minimum distributions must begin in the calendar year in which you attain age 70 1/2 (or such other age as required by law).  Distributions under qualified plans and Tax-Sheltered Annuities must begin by the later of the calendar year in which you attain age 70 1/2 or the calendar year in which you retire.  You do not necessarily have to annuitize your Contract to meet the minimum distribution requirements for Individual Retirement Annuities, qualified plans, and Tax-Sheltered Annuities.  Distributions from Roth IRAs are not required prior to your death.

At the Income Date, you can choose to receive fixed or variable payments from the Investment Divisions.  Unless you tell us otherwise, your income payments will be based on the fixed and variable options that were in place on the Income Date.

You can choose to have income payments made monthly, quarterly, semi-annually, or annually.  Or you can choose a single lump sum payment.  If you have less than $5,000 to apply toward an income option, we may provide your payment in a single lump sum, part of which may be taxable as Federal Income.  Likewise, if your first income payment would be less than $50 , we may set the frequency of payments so that the first payment would be at least $50.
 
 
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Variable Income Payments. If you choose to have any portion of your income payments based upon one or more Investment Divisions, the dollar amount of your initial annuity payment will depend primarily upon the following:

the amount of your Contract Value you allocate to the Investment Division(s) on the Income Date;
 
the amount of any applicable Premium taxes, recapture charges or withdrawal charges and any Interest Rate Adjustment deducted from your Contract Value on the Income Date;
 
which income option you select; and
 
the investment factors listed in your Contract that translate the amount of your Contract Value (as adjusted for applicable charges, frequency of payment and commencement date) into initial payment amounts that are measured by the number of Annuity Units of the Investment Division(s) you select credited to your Contract.

The investment factors in your Contract are calculated based upon a variety of factors, including the age and gender of the Annuitant if you select an income option with a life contingency, and an assumed investment rate of 1.0%.

If the actual net investment rate experienced by an Investment Division exceeds the assumed net investment rate, variable annuity payments will increase over time.  Conversely, if the actual net investment rate is less than the assumed net investment rate, variable annuity payments will decrease over time.  If the actual net investment rate equals the assumed net investment rate, the variable annuity payments will remain constant.

We calculate the dollar amount of subsequent income payments that you receive based upon the performance of the Investment Divisions you select.  If that performance (measured by changes in the value of Annuity Units) exceeds the assumed investment rate, then your income payments will increase; if that performance is less than the assumed investment rate, then your income payments will decrease.  Neither expenses actually incurred (other than taxes on investment return), nor mortality actually experienced, will adversely affect the dollar amount of subsequent income payments.

Income Options. The Annuitant is the person whose life we look to when we make income payments (each description assumes that you are the Owner and Annuitant).

Option 1 - Life Income.  This income option provides monthly payments for your life.  No further payments are payable after your death.  Thus, it is possible for you to receive only one payment if you died prior to the date the second payment was due.

Option 2 - Joint and Survivor.  This income option provides monthly payments for your life and for the life of another person (usually your spouse) selected by you.  Upon the death of either person, the monthly payments will continue during the lifetime of the survivor.  No further payments are payable after the death of the survivor.

Option 3 - Life Annuity With at Least 120 or 240 Monthly Payments.  This income option provides monthly payments for the Annuitant's life, but with payments continuing to the Beneficiary for the remainder of 10 or 20 years (as you select) if the Annuitant dies before the end of the selected period.  If the Beneficiary does not want to receive the remaining scheduled payments, a single lump sum may be requested, which will be equal to the present value of the remaining payments (as of the date of calculation) discounted at an interest rate no higher than the rate used to calculate the initial payment.

Option 4 - Income for a Specified Period.  This income option provides monthly payments for any number of years from 5 to 30. If the Beneficiary does not want to receive the remaining scheduled payments, a single lump sum may be requested, which will be equal to the present value of the remaining payments (as of the date of calculation) discounted at an interest rate no higher than the rate used to calculate the initial payment.

Additional Options - We may make other income options available.

No withdrawals are permitted during the income phase under an income option that is life contingent.

DEATH BENEFIT

The Contract has a death benefit, namely the basic death benefit, which is payable during the accumulation phase.  Instead, you may choose an optional death benefit for an additional charge.  The LifeGuard Freedom Flex DB NY optional death benefit currently may
 
 
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only be selected at issue in conjunction with the purchase of the LifeGuard Freedom Flex GMWB (with 6% Bonus and Annual Step-Up options).  The optional Highest Anniversary Value Death Benefit is only available upon application.  In addition, once an optional death benefit is chosen, it cannot be canceled except upon conversion (if conversion is permitted), or upon spousal continuation in the case of the LifeGuard Freedom Flex DB NY.

The effects of any GMWB on the amount payable to your Beneficiaries upon your death should be considered in selecting the death benefit in combination with a GMWB.  Except as provided in certain of the GMWB endorsements, no death benefit will be paid upon your death in the event the Contract Value falls to zero.

The death benefit paid to your Beneficiary upon your death is calculated as of the date we receive all required documentation in Good Order which includes but is not limited to due proof of death and a completed claim form from the Beneficiary of record (if there are multiple Beneficiaries, we will calculate the death benefit when we receive this documentation from the first Beneficiary).  Payment will include interest to the extent required by law.  The death benefit paid will be the basic death benefit unless you have selected an optional death benefit endorsement.  If you have a guaranteed minimum death benefit, the amount by which the guaranteed minimum death benefit exceeds the account value will be put into your account as of the date we receive all required documentation from the Beneficiary of record and will be allocated among the Fixed Account and Investment Divisions according to the current allocation instructions on file for your account as of that date.  Each Beneficiary will receive their portion of the remaining value, subject to market fluctuations, when their option election form is received at our Home Office in Lansing, Michigan.

Basic Death Benefit. If you die before moving to the income phase, the person you have chosen as your Beneficiary will receive a death benefit.  If you have a joint Owner, the death benefit will be paid when the first joint Owner dies.  The surviving joint Owner will be treated as the Beneficiary.  Any other Beneficiary designated will be treated as a contingent Beneficiary.  Only a spouse Beneficiary has the right to continue the Contract in force upon your death.

The death benefit equals the greater of:

your Contract Value on the date we receive all required documentation from your Beneficiary; or
 
the total Premiums you have paid since your Contract was issued reduced for prior withdrawals (including any applicable charges and adjustments) in the same proportion that the Contract Value was reduced on the date of the withdrawal.

Optional Death Benefits. Optional death benefits are available but, because there is an additional annual charge for optional death benefits, and because you cannot change your selection, please be sure that you have read about and understand the Contract's basic death benefit before selecting an optional death benefit.

The optional death benefits are designed to protect your Contract Value from potentially poor investment performance and the impact that poor investment performance could have on the amount of the basic death benefit.  The Highest Anniversary Value Death Benefit is available if you are 79 years of age or younger on the Contract's Issue Date.  The LifeGuard Freedom Flex DB NY is only available at issue in conjunction with the purchase of the LifeGuard Freedom Flex GMWB (with 6% Bonus and Annual Step-Up Options) and only if the Owner is 35 to 67 ( 70 for endorsements issued before April 29, 2013 ) years of age on the Issue Date.  The older you are when your Contract is issued, the less advantageous it would be for you to select an optional death benefit.

Each optional death benefit is subject to our administrative rules to assure appropriate use, which administrative rules may be changed, as necessary.  For purposes of the optional death benefits, “Net Premiums” are defined as your Premium payments net of Premium taxes, reduced by any withdrawals (including applicable charges and deductions) at the time of the withdrawal in the same proportion that the Contract Value was reduced on the date of the withdrawal.  Accordingly, if a withdrawal were to reduce the Contract Value by 50%, for example, Net Premiums would also be reduced by 50%.  Similarly, with the “Highest Anniversary Value” component, the adjustment to your Contract Value for any withdrawals (including applicable charges and deductions) will have occurred proportionally at the time of the withdrawals.  Please see the calculations for the Highest Anniversary Value Death Benefit below for more information.

Following are the calculations for the optional death benefits:

Highest Anniversary Value Death Benefit changes your basic death benefit during the accumulation phase of your Contract to the greatest of:

(a)
your Contract Value as of the end of the Business Day on which we receive all required documentation from your Beneficiary; or
 
 
 
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(b)
total Net Premiums since your Contract was issued; or
 
(c)
your greatest Contract Value on any Contract Anniversary prior to your 81st birthday, minus any withdrawals (including any applicable withdrawal charges and adjustments), the Annual Contract Maintenance Charges, transfer charges, any applicable charges due under any optional endorsement and taxes subsequent to that Contract Anniversary, plus any Premiums paid (net of any applicable Premium taxes) subsequent to that Contract Anniversary.  Annual Contract Maintenance Charges, transfer charges, any applicable charges due under any optional endorsement and taxes subsequent to that Contract Anniversary will not be deducted from your greatest Contract Value.

Unlike the basic death benefit, this optional death benefit may provide value on or after the Income Date, which is the date on which you begin receiving annuity payments.  If the Income Date is before the Owner attains the age of 95, then this optional death benefit endorsement terminates and no death benefit is payable.  However, if the Income Date is on the date the Owner attains age of 95 (the latest possible Income Date), then the death benefit amount is equal to the excess, if any, of (a) minus (b) where:

(a) = the GMDB Benefit Base on the Income Date; and
(b) = the Contract Value on the Income Date.

If there is a death benefit amount on or after the Income Date, it will be payable to the Beneficiary when due proof of the Owner's death is received by the Company in Good Order.  If the Owner is not deceased as of the date that the final annuity payment under the elected income option is due, the death benefit amount will be payable in a lump sum to the Owner along with the final annuity payment.

LifeGuard Freedom Flex DB NY, if elected, replaces your basic death benefit and is the only death benefit during the accumulation phase of your Contract.  The LifeGuard Freedom Flex DB NY is the greater of:

  (a)
The Contract's Basic Death Benefit (see the description above); or
 
  (b)
The GMWB Death Benefit, as calculated under this death benefit.
 
The LifeGuard Freedom Flex DB NY is only available at issue and in conjunction with the purchase of the 6% Bonus and Annual Step-Up combination of LifeGuard Freedom Flex GMWB (the “LifeGuard Freedom Flex 6% Bonus and Annual Step-Ups Option”) and only if the Owner (or oldest Joint Owner) is 35 to 67 ( 70 for endorsements issued before April 29, 2013 ) years of age on the Issue Date.  At election, the GMWB Death Benefit equals the LifeGuard Freedom Flex 6% Bonus and Annual Step-Ups Guaranteed Withdrawal Balance (GWB).  When purchased at Contract issuance, the GWB is your initial Premium payment, net of any applicable Premium taxes, plus (for endorsements issued before April 29, 2013 ) any Contract Enhancement.

At the time of a partial withdrawal, if the partial withdrawal plus all prior partial withdrawals made in the current Contract Year is less than or equal to the greater of (1) LifeGuard Freedom Flex 6% Bonus and Annual Step-Ups Option Guaranteed Annual Withdrawal Amount (GAWA) or (2) the required minimum distribution (RMD) under the Internal Revenue Code (for certain tax-qualified Contracts), the GMWB Death Benefit is equal to the greater of: (a) the GMWB Death Benefit prior to the partial withdrawal less the partial withdrawal, or (b) zero.  If a partial withdrawal plus all prior partial withdrawals made in the current Contract Year exceeds the greater of the GAWA or the RMD, the excess withdrawal is defined to be the lesser of (1) the amount of the partial withdrawal or (2) the amount by which the cumulative partial withdrawals for the current Contract Year exceeds the greater of the GAWA or the RMD; and the GMWB Death Benefit is equal to the greater of (a) the GMWB Death Benefit prior to the partial withdrawal, first reduced dollar-for-dollar for any portion of the partial withdrawal not defined as an Excess Withdrawal, then reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal, or (b) zero.  Therefore, please note that withdrawing more than the greater of the GAWA or RMD, as applicable, in a Contract Year may have a significantly negative impact on the value of this benefit and may lead to its premature termination.

With each subsequent Premium received after this endorsement is effective, the GMWB Death Benefit is recalculated to equal the GMWB Death Benefit prior to the Premium payment plus the amount of the Premium payment, net of any applicable Premium taxes, plus (for endorsements issued before April 29, 2013 ) any Contract Enhancement, subject to a maximum of $5,000,000.

In addition, on each Contract Anniversary following the effective date of the endorsement, the GMWB Death Benefit will automatically step up to the Contract Value if the Contract Value is greater than the GMWB Death Benefit, subject to a maximum of $5,000,000.
 
 
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The GMWB Death Benefit is not adjusted upon step-up of the LifeGuard Freedom Flex 6% Bonus and Annual Step-Ups GWB, the application of the GWB Adjustment or the application of any bonus.  The GMWB Death Benefit will terminate on the date the Contract Value equals zero.

Upon continuation of the Contract by a spousal Beneficiary, the surviving spouse may elect to terminate LifeGuard Freedom Flex 6% Bonus and Annual Step-Ups, in which case the GMWB death benefit will be included in the calculation of the continuation adjustment (which is the amount by which the death benefit that would have been payable exceeds the Contract Value).  If the spouse does not make such an election, the endorsement, including the death benefit thereunder, will continue in accordance with its terms, but the GMWB death benefit will not be included in the continuation adjustment.

For more information about how the LifeGuard Freedom Flex 6% Bonus and Annual Step-Ups works, including how the GWB and GAWA are calculated, please see “For Life GMWB With Bonus and Step-Up” beginning on page 90.

Unlike the basic death benefit, LifeGuard Freedom Flex 6% Bonus and Annual Step-Ups may provide a death benefit on or after the Income Date, which is the date on which you begin receiving annuity payments.  If the Income Date is before the Owner attains the age of 95, then this endorsement terminates and no death benefit under the endorsement is payable.  However, if the Income Date is on the date the Owner attains age of 95 (the latest possible Income Date) and one of the following income options is elected, then the corresponding death benefit is payable:

Life Income of the GAWA.  If this income option is elected, the death benefit payable to the Beneficiary when due proof of the Owner’s (or either joint Owner’s) death is received by the Company in Good Order is equal to the GMWB Death Benefit as of the Income Date.
 
Specified Period Income of the GAWA.  If this income option is elected, the death benefit payable to the Beneficiary when due proof of the Owner’s (or either joint Owner’s) death is received by the Company in Good Order is equal to the GMWB Death Benefit as of the Income Date.
 
If, under this income option, no Owner is deceased as of the date that the final payment of the remaining GWB is due, the death benefit will be payable in a lump sum to the Owner(s) along with the remaining GWB.
 
Life Income.  If this income option is elected and the Owner is the Annuitant or is a non-natural person, the death benefit payable to the Beneficiary when due proof of the Annuitant’s death is received by the Company in Good Order is equal to the excess, if any, of (a) minus (b) where:
 
(a) = the GMWB Death Benefit on the Income Date; and
(b) = the Contract Value on the Income Date.
 
Joint and Survivor.  If this income option is elected and the Owner is the Annuitant or is a non-natural person, the death benefit payable to the Beneficiary when due proof of the survivor payee’s death is received by the Company in Good Order is equal to the excess, if any, of (a) minus (b) where:
 
(a) = the GMWB Death Benefit on the Income Date; and
(b) = the Contract Value on the Income Date.
 
Life Annuity With at Least 120 Monthly Payments.  If this income option is elected and the Owner is the Annuitant or is a non-natural person, the death benefit payable to the Beneficiary when due proof of the Annuitant’s death is received by the Company in Good Order is equal to the excess, if any, of (a) minus (b) where:
 
(a) = the GMWB Death Benefit on the Income Date; and
(b) = the Contract Value on the Income Date.

The death benefits under the Income Options vary depending on which Income Option you select. Either  the GMWB Death Benefit calculation, described above, with or without any remaining GWB, or the excess of the GMWB Death Benefit calculation over the Contract Value is payable. Each is computed on the Income Date. For more information on these Income Options, see “LifeGuard Freedom Flex GMWB – Annuitization” beginning on page 98, and “Income Options” beginning on page 118.
 
 
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Payout Options. The Contract's death benefit is payable pursuant to one of the following payout options:

single lump sum payment; or
 
payment of entire death benefit within 5 years of the date of death; or
 
payment of the entire death benefit under an income option over the Beneficiary's lifetime or for a period not extending beyond the Beneficiary's life expectancy; or payment of a portion of the death benefit under an income option over the Beneficiary's lifetime or for a period not extending beyond the Beneficiary's life expectancy, with the balance of the death benefit payable to the Beneficiary.  Any portion of the death benefit not applied under an income option within one year of the Owner's death, however, must be paid within five years of the date of the Owner's death.

Under these payout options, the Beneficiary may also elect to receive additional lump sums at any time.  The receipt of any additional lump sums will reduce the future payments to the Beneficiary.

Unless the Beneficiary chooses to receive the entire death benefit in a single sum, the Beneficiary must elect a payout option within the 60-day period beginning with the date we receive proof of death and payments must begin within one year of the date of death.  If the Beneficiary chooses to receive some or all of the death benefit in a single sum and all the necessary requirements are met, we will pay the death benefit within seven days. If your Beneficiary is your spouse, he/she may elect to continue the Contract, at the current Contract Value, in his/her own name.  For more information, please see “Special Spousal Continuation Option” beginning on page 122.

Pre-Selected Payout Options.  As Owner, you may also make a predetermined selection of the death benefit payout option if your death occurs before the Income Date.  However, at the time of your death, we may modify the death benefit option if the death benefit you selected exceeds the life expectancy of the Beneficiary.  If this Pre-Selected Death Benefit Option Election is in force at the time of your death, the payment of the death benefit may not be postponed, nor can the Contract be continued under any other provisions of this Contract.  This restriction applies even if the Beneficiary is your spouse, unless such restriction is prohibited by the Internal Revenue Code.  If the Beneficiary does not submit the required documentation for the death benefit to us within one year of your death, however, the death benefit must be paid, in a single lump sum, within five years of your death.

Special Spousal Continuation Option. If your spouse is the Beneficiary and elects to continue the Contract in his or her own name after your death, pursuant to the Special Spousal Continuation Option, no death benefit will be paid at that time.  Instead, we will contribute to the Contract a continuation adjustment, which is the amount by which the death benefit that would have been payable exceeds the Contract Value.  We calculate this amount using the Contract Value and death benefit as of the date we receive all required documentation from the Beneficiary of record and the spousal Beneficiary's written request to continue the Contract (the “Continuation Date”).  We will add this amount to the Contract based on the current allocation instructions at the time of your death, subject to any minimum allocation restrictions, unless we receive other allocation instructions from your spouse.

If your spouse continues the Contract in his/her own name under the Special Spousal Continuation option, the new Contract Value will be considered the initial Premium for purposes of determining any future death benefit under the Contract.  The age of the surviving spouse at the time of the continuation of the Contract will be used to determine all benefits under the Contract prospectively, so the death benefit may be at a different level.

If your spouse elects to continue the Contract, your spouse, as new Owner, cannot terminate most of the optional benefits you elected.  Any GMWB will also terminate upon your death (and no further GMWB charges will be deducted), unless your spouse is eligible for the benefit and elects to continue it with the Contract.  For more information, please see the respective GMWB subsections in this prospectus.

The Special Spousal Continuation Option is available to elect one time on the Contract.  However, if the Pre-Selected Death Benefit Option Election is in force at the time of your death, the payment of the death benefit may not be postponed, nor can the Contract be continued under any other provisions of this Contract. This restriction applies even if the Beneficiary is your spouse, unless such restriction is prohibited by the Internal Revenue Code.

Death of Owner On or After the Income Date. If you or a joint Owner dies, and is not the Annuitant, on or after the Income Date, any remaining payments under the income option elected will continue at least as rapidly as under the method of distribution in effect at the date of death.  If you die, the Beneficiary becomes the Owner.

Death of Annuitant. If the Annuitant is not an Owner or joint Owner and dies before the Income Date, you can name a new Annuitant, subject to our underwriting rules.  If you do not name a new Annuitant within 30 days of the death of the Annuitant, you
 
 
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will become the Annuitant.  However, if the Owner is a non-natural person (for example, a corporation), then the death of the Annuitant will be treated as the death of the Owner, and a new Annuitant may not be named.

If the Annuitant dies on or after the Income Date, any remaining guaranteed payments will be paid to the Beneficiary as provided for in the income option selected.  Any remaining guaranteed payments will be paid at least as rapidly as under the method of distribution in effect at the Annuitant's death.
TAXES

The following is only general information and is not intended as tax advice to any individual.  Additional tax information is included in the SAI.  You should consult your own tax adviser as to how these general rules will apply to you if you purchase a Contract.

CONTRACT OWNER TAXATION

Tax-Qualified and Non-Qualified Contracts.  If you purchase your Contract as a part of a tax-qualified plan such as an Individual Retirement Annuity (IRA), Tax-Sheltered Annuity (sometimes referred to as a 403(b) contract), or pension or profit-sharing plan (including a 401(k) plan or H.R. 10 Plan) your Contract will be what is referred to as a tax-qualified contract.  Tax deferral under a tax-qualified contract arises under the specific provisions of the Internal Revenue Code (Code) governing the tax-qualified plan, so a tax-qualified contract should be purchased only for the features and benefits other than tax deferral that are available under a tax-qualified contract, and not for the purpose of obtaining tax deferral.  You should consult your own adviser regarding these features and benefits of the Contract prior to purchasing a tax-qualified contract.

If you do not purchase your Contract as a part of any tax-qualified pension plan, specially sponsored program or an individual retirement annuity, your Contract will be what is referred to as a non-qualified contract.

The amount of your tax liability on the earnings under and the amounts received from either a tax-qualified or a non-qualified contract will vary depending on the specific tax rules applicable to your Contract and your particular circumstances.

Non-Qualified Contracts – General Taxation.  Increases in the value of a non-qualified Contract attributable to undistributed earnings are generally not taxable to the Contract Owner or the Annuitant until a distribution (either a withdrawal, including withdrawals under any GMWB you may elect, or an income payment) is made from the Contract.  This tax deferral is generally not available under a non-qualified Contract owned by a non-natural person (e.g., a corporation or certain other entities other than a trust holding the Contract as an agent for a natural person).  Loans based on a non-qualified Contract are treated as distributions.

Non-Qualified Contracts – Aggregation of Contracts. For purposes of determining the taxability of a distribution, the Code provides that all non-qualified contracts issued by us (or an affiliate) to you during any calendar year must be treated as one annuity contract.  Additional rules may be promulgated under this Code provision to prevent avoidance of its effect through the ownership of serial contracts or otherwise.

Non-Qualified Contracts – Withdrawals and Income Payments.  Any withdrawal from a non-qualified Contract, including withdrawals under any GMWB you may elect, is taxable as ordinary income to the extent it does not exceed the accumulated earnings under the Contract.  In contrast, a part of each income payment under a non-qualified Contract is generally treated as a non-taxable return of Premium.  The balance of each income payment is taxable as ordinary income.  The amounts of the taxable and non-taxable portions of each income payment are determined based on the amount of the investment in the Contract and the length of the period over which income payments are to be made.  Income payments received after all of your investment in the Contract is recovered are fully taxable as ordinary income.   Additional information is provided in the SAI.

The Code also imposes a 10% penalty on certain taxable amounts received under a non-qualified Contract.  This penalty tax will not apply to any amounts:

paid on or after the date you reach age 59 1/2;
 
paid to your Beneficiary after you die;
 
paid if you become totally disabled (as that term is defined in the Code);
 
paid in a series of substantially equal periodic payments made annually (or more frequently) for your life (or life expectancy) or for a period not exceeding the joint lives (or joint life expectancies) of you and your Beneficiary;
 
 
 
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paid under an immediate annuity; or
 
which come from Premiums made prior to August 14, 1982.

Beginning in 2013, the taxable portion of distributions from a non-qualified annuity Contract will be considered investment income for purposes of the new Medicare tax on investment income.  As a result, a 3.8% tax will generally apply to some or all of the taxable portion of distributions to individuals whose modified adjusted gross income exceeds certain threshold amounts.  For 2013, these levels are $200,000 in the case of single taxpayers, $250,000 in the case of married taxpayers filing joint returns, and $125,000 in the case of married taxpayers filing separately.  Owners should consult their own tax advisers for more information.

Non-Qualified Contracts Required Distributions. In order to be treated as an annuity contract for federal income tax purposes, the Code requires any nonqualified contract issued after January 18, 1985 to provide that (a) if an owner dies on or after the annuity starting date but prior to the time the entire interest in the contract has been distributed, the remaining portion of such interest
will be distributed at least as rapidly as under the method of distribution being used as of the date of that owner's death; and (b) if an owner dies prior to the annuity starting date, the entire interest in the contract must be distributed within five years after the date of the owner's death.

The requirements of (b) above can be considered satisfied if any portion of the Owner's interest which is payable to or for the benefit of a “designated Beneficiary” is distributed over the life of such Beneficiary or over a period not extending beyond the life expectancy of that Beneficiary and such distributions begin within one year of that Owner's death.  The Owner's “designated Beneficiary,” who must be a natural person, is the person designated by such Owner as a Beneficiary and to whom ownership of the Contract passes by reason of death.  However, if the Owner's “designated Beneficiary” is the surviving spouse of the Owner, the contract may be continued with the surviving spouse as the new Owner.

Tax-Qualified Contracts – Withdrawals and Income Payments.  The Code imposes limits on loans, withdrawals and income payments under tax-qualified Contracts.  The Code also imposes required minimum distributions for tax-qualified Contracts and a 10% penalty on certain taxable amounts received prematurely under a tax-qualified Contract.  These limits, required minimum distributions, tax penalties and the tax computation rules are summarized in the SAI.  Any withdrawals under a tax-qualified Contract, including withdrawals under any GMWB you may elect, will be taxable except to the extent they are allocable to an investment in the Contract (any after-tax contributions).  In most cases, there will be little or no investment in the Contract for a tax-qualified Contract because contributions will have been made on a pre-tax or tax-deductible basis.

Withdrawals – Tax-Sheltered Annuities. The Code limits the withdrawal of amounts attributable to purchase payments made under a salary reduction agreement from Tax-Sheltered Annuities.  Withdrawals can only be made when an Owner:

reaches age 59 1/2;
 
leaves his/her job;
 
dies;
 
becomes disabled (as that term is defined in the Code); or
 
experiences hardship.  However, in the case of hardship, the Owner can only withdraw the Premium and not any earnings.

Withdrawals – Roth IRAs. Subject to certain limitations, individuals may also purchase a type of non-deductible IRA annuity known as a Roth IRA annuity.  Qualified distributions from Roth IRA annuities are entirely federal income-tax free.  A qualified distribution requires that the individual has held the Roth IRA annuity for at least five years and, in addition, that the distribution is made either after the individual reaches age 59 1/2, on account of the individual's death or disability, or as a qualified first-time home purchase, subject to $10,000 lifetime maximum, for the individual, or for a spouse, child, grandchild or ancestor.

Constructive Withdrawals – Investment Adviser Fees. Withdrawals from non-qualified Contracts for the payment of investment adviser fees will be considered taxable distributions from the Contract.  In a series of Private Letter Rulings, however, the Internal Revenue Service has held that the payment of investment adviser fees from a tax-qualified Contract need not be considered a distribution for income tax purposes.  Under the facts in these Rulings:

there was a written agreement providing for payments of the fees solely from the annuity Contract,
 
the Contract Owner had no liability for the fees and
 
 
 
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the fees were paid solely from the annuity Contract to the adviser.

Death Benefits. None of the death benefits paid under the Contract to the Beneficiary will be tax-exempt life insurance benefits.  The rules governing the taxation of payments from an annuity Contract, as discussed above, generally apply to the payment of death benefits and depend on whether the death benefits are paid as a lump sum or as annuity payments.  Estate or gift taxes may also apply.

Assignment. An assignment of your Contract will generally be a taxable event.  Assignments of a tax-qualified Contract may also be limited by the Code and the Employee Retirement Income Security Act of 1974, as amended.  These limits are summarized in the SAI.  You should consult your tax adviser prior to making any assignment of your Contract.

Diversification. The Code provides that the underlying investments for a non-qualified variable annuity must satisfy certain diversification requirements in order to be treated as an annuity Contract.  We believe that the underlying investments are being managed so as to comply with these requirements.  A fuller discussion of the diversification requirements is contained in the SAI.

Owner Control. In a Revenue Ruling issued in 2003, the Internal Revenue Service (IRS) considered certain variable annuity and variable life insurance Contracts and held that the types of actual and potential control that the Contract Owners could exercise over the investment assets held by the insurance company under these variable Contracts was not sufficient to cause the Contract Owners to be treated as the Owners of those assets and thus to be subject to current income tax on the income and gains produced by those assets.  Under the Contract, like the contracts described in the Revenue Ruling, there will be no arrangement, plan, Contract or agreement between the Contract Owner and Jackson Life of NY regarding the availability of a particular investment option and other than the Contract Owner's right to allocate Premiums and transfer funds among the available sub-accounts, all investment decisions concerning the sub-accounts will be made by the insurance company or an advisor in its sole and absolute discretion.

The Contract will differ from the contracts described in the Revenue Ruling, in two respects.  The first difference is that the contract in the Revenue Ruling provided only 12 investment options with the insurance company having the ability to add an additional 8 options whereas a Contract currently offers 100 Investment Divisions and at least one Fixed Account option, although a Contract Owner's Contract Value can be allocated to no more than 18 fixed and variable options at any one time.  The second difference is that the Owner of a contract in the Revenue Ruling could only make one transfer per 30-day period without a fee whereas during the accumulation phase, a Contract Owner will be permitted to make up to 15 transfers in any one year without a charge.

The Revenue Ruling states that whether the Owner of a variable contract is to be treated as the Owner of the assets held by the insurance company under the contract will depend on all of the facts and circumstances.  Jackson Life of NY does not believe that the differences between the Contract and the contracts described in the Revenue Ruling with respect to the number of investment choices and the number of investment transfers that can be made under the contract without an additional charge should prevent the holding in the Revenue Ruling from applying to the Owner of a Contract.  At this time, however, it cannot be determined whether additional guidance will be provided by the IRS on this issue and what standards may be contained in such guidance.  We reserve the right to modify the Contract to the extent required to maintain favorable tax treatment.

Withholding. In general, the income portion of distributions from a Contract are subject to 10% federal income tax withholding and the income portion of income payments are subject to withholding at the same rate as wages unless you elect not to have tax withheld.  Some states have enacted similar rules.  Different rules may apply to payments delivered outside the United States.

Eligible rollover distributions from a Contract issued under certain types of tax-qualified plans will be subject to federal tax withholding at a mandatory 20% rate unless the distribution is made as a direct rollover to a tax-qualified plan or to an individual retirement account or annuity.

The Code generally allows the rollover of most distributions to and from tax-qualified plans, tax-sheltered annuities, Individual Retirement Annuities and eligible deferred compensation plans of state or local governments.  Distributions which may not be rolled over are those which are:

(a)
one of a series of substantially equal annual (or more frequent) payments made (a) over the life or life expectancy of the employee, (b) the joint lives or joint life expectancies of the employee and the employee's Beneficiary, or (c) for a specified period of ten years or more;
 
(b)
a required minimum distribution; or
 
(c)
a hardship withdrawal.

 
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JACKSON OF NY TAXATION

We will pay company income taxes on the taxable corporate earnings created by this separate account product adjusted for various permissible deductions and certain tax benefits discussed below. While we may consider company income tax liabilities and tax benefits when pricing our products, we do not currently include our income tax liabilities in the charges you pay under the contract. We will periodically review the issue of charging for these taxes and may impose a charge in the future.  (We do impose a so-called “Federal (DAC) Tax Charge” under variable life insurance policies, but the “Federal (DAC) Tax Charge” merely compensates us for the required deferral of acquisition cost and does not constitute company income taxes.)

In calculating our corporate income tax liability, we derive certain corporate income tax benefits associated with the investment of company assets, including separate account assets that are treated as company assets under applicable income tax law. These benefits reduce our overall corporate income tax liability. Under current law, such benefits may include dividends received deductions and foreign tax credits which can be material.  We do not pass these benefits through to the separate accounts, principally because:  (i) the great bulk of the benefits results from the dividends received deduction, which involves no reduction in the dollar amount of dividends that the separate account receives; (ii) product owners are not the owners of the assets generating the benefits under applicable income tax law; and (iii) while we impose a so-called “Federal (DAC) Tax Charge” under variable life insurance policies, we do not currently include company income taxes in the charges owners pay under the products.

OTHER INFORMATION

Dollar Cost Averaging. If the amount allocated to the Investment Divisions plus the amount allocated to the Fixed Account options is at least $15,000, you can arrange to have a dollar amount or percentage of money periodically transferred automatically into the Investment Divisions and other Fixed Account options (if currently available) (each a "Designated Option") from the one-year Fixed Account (if currently available) or any of the Investment Divisions (each a "Source Option").  If we impose any transfer restrictions on the one-year Fixed Account Option as discussed in numbered paragraphs 1-4 under “Transfers and Frequent Transfer Restrictions,” then (i) the one-year Fixed Account Option can be used as a Source Option for Dollar Cost Averaging only with respect to new Premiums that are allocated to that Source Option, (ii) only a twelve-month Dollar Cost Averaging period may be selected, (iii) transfers out of the one-year Fixed Account Option pursuant to such Dollar Cost Averaging will not count against the maximum amount limitations we have imposed on transfers out of the one-year Fixed Account Option and (iv) transfers from that Source Option other than such scheduled transfers will not be permitted.

In the case of transfers from the one-year Fixed Account or Investment Divisions with a less volatile unit value, Dollar Cost Averaging can let you pay a lower average cost per unit over time than you would receive if you made a one-time purchase.  Transfers from the more volatile Investment Divisions may not result in lower average costs and such Investment Divisions may not be an appropriate source of dollar cost averaging transfers in volatile markets.  There is no charge for Dollar Cost Averaging.  Certain restrictions may apply.

Special Dollar Cost Averaging Plus (DCA+). The DCA+ Fixed Account Option is a “source account” designed for dollar cost averaging transfers to Investment Divisions or systematic transfers to other Fixed Account Options.  The DCA+ Fixed Account Option is credited with a special interest rate.  If a DCA+ Fixed Account Option is selected, monies in the DCA+ Fixed Account Option will be systematically transferred to the Investment Divisions or other Fixed Account Options chosen over a DCA+ term of either twelve months or six months, as you select.

Transfers out of the DCA+ Fixed Account Option other than the automatic DCA+ transfers can be made only if you discontinue use of the DCA+ Fixed Account Option.  Also, if we impose any transfer restrictions on the one-year Fixed Account Option as discussed in numbered paragraphs 1-4 under “Transfers and Frequent Transfer Restrictions,” then (i) you may not discontinue the DCA+ Fixed Account Option or otherwise transfer or withdraw any amounts from the DCA+ Fixed Account Option, but (ii) automatic transfers pursuant to DCA+ will not count against any maximum amount limitations we have imposed on transfers out of the one-year Fixed Account Option.

There is no charge for DCA+.  We may discontinue the availability of DCA+ at any time and without notice.  You should consult your Jackson representative with respect to the current availability of the Fixed Account Options and the availability of DCA+.

Earnings Sweep. You can choose to move your earnings from the source accounts (only applicable from the one year Fixed Account Option and the Money Market Investment Division).  There is no charge for Earnings Sweep.

Rebalancing. You can arrange to have us automatically reallocate your Contract Value among Investment Divisions and the one-year Fixed Account periodically to maintain your selected allocation percentages.  Rebalancing will terminate if your rebalancing program includes the one-year Fixed Account Option and (i) we impose any transfer restrictions on the one-year Fixed Account Option as discussed in numbered paragraphs 1-4 under “Transfers and Frequent Transfer Restrictions” or (ii) we exercise our right to require that any Premiums allocated to the one-year Fixed Account Option be automatically transferred out of that option over a period of time that we specify.  In that case, however, you could re-elect automatic rebalancing without the one-year Fixed Account
 
 
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Option.  Rebalancing is consistent with maintaining your allocation of investments among market segments, although it is accomplished by reducing your Contract Value allocated to the better performing Investment Divisions.  There is no charge for Rebalancing.

You may cancel a Dollar Cost Averaging, Earnings Sweep or Rebalancing program using whatever methods you use to change your allocation instructions.

Free Look. You may return your Contract to the selling agent or us within twenty days after receiving it.  We will return

the Contract Value in the Investment Divisions, plus
 
any fees and expenses deducted from the Premium prior to allocation to the Investment Divisions, plus
 
the full amount of Premium you allocated to the Fixed Account (minus any withdrawals), minus
 
any withdrawals from the Fixed Account and applicable Contract Enhancement recapture charge.

We will determine the Contract Value in the Investment Divisions as of the date the Contract is mailed to the company or the date you return it to the selling agent.  We will return Premium payments where required by law. We will pay the applicable free look proceeds within seven days of a request in Good Order. If a Purchase Payment made by personal check or electronic draft is received within the five days preceding a free look request, we may delay payment of the free look proceeds up to seven days after the date of the request, to ensure the check or electronic draft is not returned due to insufficient funds.

Advertising. From time to time, we may advertise several types of performance of the Investment Divisions.

Total return is the overall change in the value of an investment in an Investment Division over a given period of time.
 
Standardized average annual total return is calculated in accordance with SEC guidelines.
 
Non-standardized total return may be for periods other than those required by, or may otherwise differ from, standardized average annual total return.  For example, if a Fund has been in existence longer than the Investment Division, we may show non-standardized performance for periods that begin on the inception date of the Fund, rather than the inception date of the Investment Division.
 
Yield refers to the income generated by an investment over a given period of time.

Performance will be calculated by determining the percentage change in the value of an Accumulation Unit by dividing the increase (decrease) for that unit by the value of the Accumulation Unit at the beginning of the period.  Performance will reflect the deduction of the mortality and expense risk and administration charges and may reflect the deduction of contract maintenance and withdrawal charges, but will not reflect charges for optional features except in performance data used in sales materials that promote those optional features.  The deduction of withdrawal charges and/or the charges for optional features would reduce the percentage increase or make greater any percentage decrease.

Modification of Your Contract. Only our President, Vice President, Secretary or Assistant Secretary may approve a change to or waive a provision of your Contract.  Any change or waiver must be in writing.  We may change the terms of your Contract without your consent in order to comply with changes in applicable law, or otherwise as we deem necessary.

Confirmation of Transactions.  We will send you a written statement confirming that a financial transaction, such as a Premium payment, withdrawal, or transfer has been completed.  This confirmation statement will provide details about the transaction.  Certain transactions which are made on a periodic or systematic basis will be confirmed in a quarterly statement only.

It is important that you carefully review the information contained in the statements that confirm your transactions.  If you believe an error has occurred you must notify us in writing within 30 days of receipt of the statement so we can make any appropriate adjustments.  If we do not receive notice of any such potential error, we may not be responsible for correcting the error.

 
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Legal Proceedings. Jackson National Life Insurance Company (Jackson of NY's parent) and its subsidiaries are defendants in a number of civil proceedings, including class actions, arising in the ordinary course of business. These include civil litigation proceedings, which appear to be substantially similar to other class action litigation brought against many life insurers, including a modal premium case, alleging misconduct in the sale of insurance products. We do not believe at the present time that any pending action or proceeding will have a material adverse effect upon the Separate Account, Jackson of NY’s ability to meet its obligations under the Contracts, or Jackson National Life Distributors LLC’s ability to perform its contract with the Separate Account.
 
 
FACTS
WHAT DOES JACKSON NATIONAL LIFE INSURANCE COMPANY OF NEW YORK (Jackson of New York) DO WITH YOUR PERSONAL INFORMATION?
Why?
Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What?
The types of personal information we collect and share depend on the product or service you have with us. This information can include:
 
         ·      Social Security Number
         ·      Birth Date
         ·      Address
         ·      Financial Information
         ·      Medical History
 
When you are no longer our customer, we continue to share your information as described in this notice.
 
How?
All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Jackson of New York chooses to share; and whether you can limit this sharing.


Reasons we can share your personal information
Does Jackson of New York share?
Can you limit this sharing?
For our everyday business purposes – such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus
 
Yes
No
For our marketing purposes – to offer our products and services to you
No
We don’t share
For joint marketing with other financial companies
No
We don’t share
For our affiliates’ everyday business purposes – information about your transactions and experiences
No
We don’t share
For our affiliates’ everyday business purposes – information about your creditworthiness
No
We don’t share
For nonaffiliates to market to you
No
We don’t share
Questions?
Call  1(800) 644-4565 or go to www.jackson.com
 
 
128

 
 
WHAT WE DO
How does Jackson of New York protect my personal information?
To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.
Employees are bound to a Code of Conduct requiring all information be kept in strict confidence, and are subject to disciplinary action for violation of the Code. We restrict access to nonpublic personal information to those employees who need to know that information to provide products and services to you.
How does Jackson of New York collect my personal information?
We collect your personal information, for example, from
 
·      information we receive from you on applications and forms;
 
·      information about your transactions with us;
 
·      information we receive from a consumer reporting agency;
 
·      information we obtain from others in the process of verifying information you provide us; and
 
·      individually identifiable health information, such as your medical history, when you have applied for a life insurance policy.
 
Why can’t I limit all sharing?
Federal law gives you the right to limit only
 
·      sharing for affiliates’ everyday business purposes – information about your credit worthiness
 
·      affiliates from using your information to market to you
 
·      sharing for nonaffiliates to market to you
 
State laws and individual companies may give you additional rights to limit sharing.

Definitions
Affiliates
Jackson of New York does not share with our affiliates.
Nonaffiliates
Jackson of New York does not share with nonaffiliates so they can market to you.
 
Joint Marketing
Jackson of New York does not jointly market.
 
 
 
129

 

THE STATEMENT OF ADDITIONAL INFORMATION
General Information and History
 
Services
 
Purchase of Securities Being Offered
 
Underwriters
 
Calculation of Performance
 
Additional Tax Information
 
Annuity Provisions
 
Net Investment Factor
 
Financial Statements of the Separate Account
 
Financial Statements of Jackson of NY
 
 
 
130

 

APPENDIX A
 
TRADEMARKS, SERVICE MARKS, AND RELATED DISCLOSURES
 
“JNL®,” “Jackson National®,” “Jackson®,” “Jackson of NY®” and “Jackson National Life Insurance Company of New York® are trademarks of Jackson National Life Insurance Company.
 
The “S&P 500 Index,” “S&P MidCap 400 Index,” “S&P SmallCap 600 Index,” “Dow Jones U.S. Select Dividend Index,” “Dow Jones U.S. Contrarian Opportunities,” Dow Jones Industrial Average,” “Dow Jones Select Dividend Index,” and “The Dow 10,” “Dow Jones Brookfield Global Infrastructure Index,” “STANDARD & POOR’S ® ,” “S&P ® ,” “S&P 500 ® ,” “S&P MIDCAP 400 Index ® ,” “STANDARD & POOR’S MIDCAP 400 Index ® ,” “S&P SmallCap 600 Index ® ” and “STANDARD & POOR’S 500 ® (collectively, the “Indices”) are products of S&P Dow Jones Indices LLC or its affiliates (“SPDJI”), and has been licensed for use by Jackson National Life Insurance Company (“Jackson”).   “Dow Jones ® ”, “Dow Jones Industrial Average”, “DJIA ® ”, “Dow Jones Select Dividend Index”, “The Dow ® ” and “The Dow 10” are service and/or trademarks of Dow Jones Trademark Holdings, LLC ( Dow Jones ) and have been licensed to SPDJI and have been sub-licensed for use for certain purposes by Jackson National Life Insurance Company ® (“Jackson”) .

The Dow Jones Brookfield Global Infrastructure Index is calculated by SPDJI pursuant to an agreement with Brookfield Redding, Inc. (together with its affiliates, “Brookfield”) and has been licensed for use. Standard & Poor’s ® , S&P ® and S&P 500 ® , S&P MidCap 400 ® and S&P SmallCap 600 ® are registered trademarks of Standard & Poor’s Financial Services LLC; Dow Jones U.S. Contrarian Opportunities Index is a service mark of Dow Jones; Brookfield ® is a registered trademark of Brookfield Asset Management, Inc.; the foregoing trademarks have been licensed by SPDJI for use.

The JNL/Mellon Capital S&P ® SMid 60 Fund, JNL/Mellon Capital VIP Fund, JNL/Mellon Capital JNL 5 Fund, and the JNL/Mellon Capital S&P ® 24 Fund, JNL/Mellon Capital S&P 500 Index Fund, JNL/Mellon S&P 400 MidCap Index Fund, JNL/Mellon Capital Dow Jones U.S. Contrarian Opportunities Index Fund, the JNL/Mellon Capital Dow SM Dividend Fund, the JNL/Mellon Capital JNL Optimized 5 Fund, the JNL/Mellon Capital Communications Sector Fund, the JNL/Mellon Capital Consumer Brands Sector Fund, the JNL/Mellon Capital Financial Sector Fund, the JNL/Mellon Capital Healthcare Sector Fund, the JNL/Mellon Capital Oil & Gas Sector Fund, and the JNL/Mellon Capital Technology Sector Fund, and the JNL/Brookfield Global Infrastructure Fund (collectively, the “Products”) are not sponsored, endorsed, sold or promoted by SPDJI, Dow Jones, Standard & Poor’s Financial Services LLC, Brookfield or any of their respective affiliates (collectively, “S&P Dow Jones Indices”).

S&P Dow Jones Indices makes no representation or warranty, express or implied, to the owners of the Products or any member of the public regarding the advisability of investing in securities generally or in the Products particularly or the ability of the Indices to track general market performance.  S&P Dow Jones Indices’ only relationship to Jackson or Brookfield Asset Management with respect to the Indices or the Products is the licensing of the Indices and certain trademarks, service marks and/or trade names of S&P Dow Jones Indices and/or its licensors.  The Indices are determined, composed and calculated by S&P Dow Jones Indices without regard to Jackson or the Products.  S&P Dow Jones Indices have no obligation to take the needs of Jackson, Brookfield Asset Management or the owners of the Products into consideration in determining, composing or calculating the Indices.  S&P Dow Jones Indices are not responsible for and have not participated in the determination of the prices, and amount of the Products or the timing of the issuance or sale of the Products in the determination or calculation of the equation by which the Products are to be converted into cash, surrendered or redeemed, as the case may be.  S&P Dow Jones Indices have no obligation or liability in connection with the administration, marketing or trading of the Products. There is no assurance that investment products based on the Indices will accurately track index performance or provide positive investment returns.  S&P Dow Jones Indices LLC is not an investment advisor.  Inclusion of a security within an index is not a recommendation by S&P Dow Jones Indices or Brookfield to buy, sell, or hold such security, nor is it considered to be investment advice.

Dow Jones, SPDJI and their respective affiliates do not :
 
·
Sponsor, endorse, sell or promote the Products.
 
·
Recommend that any person invest in the Products.
 
·
Have any responsibility or liability for or make any decisions about the timing, amount or pricing of the Products.
 
·
Have any responsibility or liability for the administration, management or marketing of the Products.
 
·
Consider the needs of the Products or the owners of the Products in determining, composing or calculating the Indexes or have any obligation to do so.

D ow Jones, SPDJI and their respective affiliates will not have any liability in connection with the Products.  Specifically,
 
 
A-1

 
 
Dow Jones, SPDJI and their respective affiliates do not make any warranty, express or implied, and Dow Jones, SPDJI and their respective affiliates disclaim any warranty about:
 
 
The results to be obtained by the Products, the owners of the Products or any other person in connection with the use of the DJIA and the data included in the Indexes;
 
 
The accuracy or completeness of the Indexes and its data;
 
 
The merchantability and the fitness for a particular purpose or use of the Indexes and its data;
 
Dow Jones, SPDJI and/or their respective affiliates will have no liability for any errors, omissions or interruptions in the Indexes or its data;
 
Under no circumstances will Dow Jones, SPDJI and/or their respective affiliates be liable for any lost profits or indirect, punitive, special or consequential damages or losses, even if they know that they might occur.
 
T he licensing agreement relating to the use of the Indexes and trademarks referred to above by Jackson and SPDJI is solely for the benefit of the Products and not for any other third parties.

S&P DOW JONES INDICES DOES NOT GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS AND/OR THE COMPLETENESS OF THE INDICES OR ANY DATA RELATED THERETO OR ANY COMMUNICATION, INCLUDING BUT NOT LIMITED TO, ORAL OR WRITTEN COMMUNICATION (INCLUDING ELECTRONIC COMMUNICATIONS) WITH RESPECT THERETO.  S&P DOW JONES INDICES SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS, OR DELAYS THEREIN.  S&P DOW JONES INDICES MAKE NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR AS TO RESULTS TO BE OBTAINED BY JACKSON OR OWNERS OF THE PRODUCTS, OR ANY OTHER PERSON OR ENTITY FROM THE USE OF THE INDICES OR WITH RESPECT TO ANY DATA RELATED THERETO.  WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT WHATSOEVER SHALL S&P DOW JONES INDICES OR BROOKFIELD BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, TRADING LOSSES, LOST TIME OR GOODWILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.  THERE ARE NO THIRD PARTY BENEFICIARIES OF ANY AGREEMENTS OR ARRANGEMENTS BETWEEN S&P DOW JONES INDICES AND JACKSON, OTHER THAN THE LICENSORS OF S&P DOW JONES INDICES.

“SPDR” is a registered trademark of Standard & Poor's Financial Services LLC (“S&P Financial Services”) and has been licensed for use by State Street Corporation. Standard & Poor’s and S&P are registered trademarks of S&P Financial Services. No financial product offered by State Street Corporation or its affiliates is sponsored, endorsed, sold or promoted by S&P Financial Services or its affiliates, and S&P Financial Services and its affiliates make no representation, warranty or condition regarding the advisability of buying, selling or holding units/shares in such products. Further limitations and important information that could affect investors' rights are described in the prospectus for the applicable product.

The following applies to the JNL/S&P Managed Growth Fund, JNL/S&P Managed Conservative Fund, JNL/S&P Managed Moderate Growth Fund, JNL/S&P Managed Moderate Fund, and JNL/S&P Managed Aggressive Growth Fund and JNL/S&P 4 Fund, JNL/S&P Competitive Advantage Fund, JNL/S&P Dividend Income & Growth Fund, JNL/S&P Intrinsic Value Fund, and JNL/S&P Total Yield Fund:

Standard & Poor’s Investment Advisory Services LLC (“SPIAS”) is a registered investment advisor and a wholly owned subsidiary of The McGraw-Hill Companies, Inc. SPIAS does not provide advice to underlying clients of the firms to which it provides services. SPIAS does not act as a “fiduciary” or as an “investment manager,” as defined under ERISA, to any investor. SPIAS is not responsible for client suitability.

Programs and products of the firms to which SPIAS provides services are not endorsed, sold or promoted by SPIAS and its affiliates, and SPIAS and its affiliates make no representation regarding the advisability of investing in those programs and products. With respect to the asset allocations and investments recommended by SPIAS, investors should realize that such investment recommendations are provided to Jackson National Asset Management, LLC only as a general recommendation. The underlying funds of the JNL/S&P 4 Fund are co-sub-advised by SPIAS. SPIAS does not co-sub-advise the JNL/S&P 4 Fund. There is no agreement or understanding whatsoever that SPIAS will provide individualized advice to any investor. SPIAS does not take into account any information about any investor or any investor’s assets when providing investment advisory services to firms to which SPIAS provides services. SPIAS does not have any discretionary authority or control with respect to purchasing or selling securities or making other investments. Individual investors should ultimately rely on their own judgment and/or the judgment of a representative in making their investment decisions.
 
 
A-2

 
 
Standard & Poor’s  Financial Services LLC, SPIAS, and their affiliates (collectively S&P), and any third-party providers, as well as their directors, officers, shareholders, employees or agents (collectively with S&P,  S&P Parties) do not guarantee the accuracy, completeness, adequacy or timeliness of any information, including ratings and valuations, and are not responsible for errors and omissions, or for the results obtained from the use of such information, and S&P Parties shall have no liability for any errors, omission, or interruptions therein (negligent or otherwise), regardless of the cause, or for the results obtained from the use of such information. S&P PARTIES DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. In no event shall S&P Parties be liable to any party for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including, without limitation, lost income or lost profits and opportunity costs or losses caused by negligence) in connection with any use of the information contained in this document even if advised of the possibility of such damages.

S&P’s credit ratings are statements of opinion as of the date they are expressed and not statements of fact or recommendations to purchase, hold, or sell any securities or to make any investment decisions.  S&P credit ratings should not be relied on when making any investment or other business decision.  S&P’s opinions and analyses do not address the suitability of any security.  S&P does not act as a fiduciary or an investment advisor, except where registered as such. While S&P has obtained information from sources they believe to be reliable, S&P does not perform an audit and undertakes no duty of due diligence or independent verification of any information it receives.

To the extent that regulatory authorities allow a rating agency to acknowledge in one jurisdiction a rating issued in another jurisdiction for certain regulatory purposes, S&P reserves the right to assign, withdraw or suspend such acknowledgement at any time and in its sole discretion. S&P Parties disclaim any duty whatsoever arising out of the assignment, withdrawal or suspension of an acknowledgment as well as any liability for any damage alleged to have been suffered on account thereof.

S&P keeps certain activities of its business units separate from each other in order to preserve the independence and objectivity of their respective activities. As a result, certain business units of S&P may have information that is not available to other S&P business units. S&P has established policies and procedures to maintain the confidentiality of certain non-public information received in connection with each analytical process.

S&P may receive compensation for its ratings and certain analyses, normally from issuers or underwriters of securities or from obligors. S&P reserves the right to disseminate its opinions and analyses. S&P's public ratings and analyses are made available on its Web sites, www.standardandpoors.com (free of charge), and www.ratingsdirect.com and www.globalcreditportal.com (subscription), and may be distributed through other means, including via S&P publications and third party redistributors. Additional information about our ratings fees is available at www.standardandpoors.com/usratingsfees.

Based on a universe of funds provided to SPIAS, SPIAS may recommend for investment certain funds to which S&P licenses certain intellectual property or otherwise has a financial interest, including exchange-traded funds whose investment objective is to substantially replicate the returns of a proprietary index of S&P Dow Jones Indices, such as the S&P 500. SPIAS recommends these funds for investment based on asset allocation, sector representation, liquidity and other factors; however, SPIAS has a potential conflict of interest with respect to the inclusion of these funds.  In cases where S&P is paid fees that are tied to the amount of assets that are invested in the fund, investment in the fund will generally result in S&P earning compensation in addition to the fees received by SPIAS in connection with its provision of services.  In certain cases there may be alternative funds that are available for investment that will provide investors substantially similar exposure to the asset class or sector.

S&P provides a wide range of services to, or relating to, many organizations, including issuers of securities, investment advisers, broker-dealers, investment banks, other financial institutions and financial intermediaries, and accordingly may receive fees or other economic benefits from those organizations, including organizations whose securities or services they may recommend, rate, include in model portfolios, evaluate or otherwise address.

SPIAS may consider research and other information from affiliates in making its investment recommendations. The investment policies of certain portfolios specifically state that among the information SPIAS will consider in evaluating a security are the credit ratings assigned by S&P.  SPIAS does not consider the ratings assigned by other credit rating agencies. Credit rating criteria and scales may differ among credit rating agencies. Ratings assigned by other credit rating agencies may reflect more or less favorable opinions of creditworthiness than ratings assigned by S&P.

Goldman Sachs is a registered service mark of Goldman, Sachs & Co.

The Product(s) is not sponsored, endorsed, sold or promoted by The Nasdaq Stock Market, Inc. (including its affiliates) (Nasdaq, with its affiliates, are referred to as the Corporations).  The Corporations have not passed on the legality or suitability of or the accuracy or adequacy of descriptions and disclosures relating to the Product(s).  The Corporations make no representation or warranty, express or implied to the Owners of the Product(s) or any member of the public regarding the advisability of investing in securities generally or in the Product(s) particularly, or the ability of the Nasdaq-100 Index® to track general stock market performance.  The Corporations’ only relationship to Jackson (Licensee) is in the licensing of the Nasdaq-100®, Nasdaq-100 Index® and Nasdaq® trademarks or service marks, and certain trade names of the Corporations and the use of the Nasdaq-100 Index® which
 
 
A-3

 
 
is determined, composed and calculated by Nasdaq without regard to Licensee or the Product(s).  Nasdaq has no obligation to take the needs of the Licensee or the Owners of the Product(s) into consideration in determining, composing or calculating the Nasdaq-100 Index®.  The Corporations are not responsible for and have not participated in the determination of the timing of, prices at or quantities of the Product(s) to be issued or in the determination or calculation of the equation by which the Product(s) is to be converted into cash.  The Corporations have no liability in connection with the administration, marketing or trading of the Product(s).
 
The Corporations do not guarantee the accuracy and/or uninterrupted calculation of the Nasdaq-100 index® or any data included therein.  The Corporations make no warranty, express or implied, as to results to be obtained by Licensee, Owners of the product(s) or any other person or entity from the use of the Nasdaq-100 Index® or any data included therein.  The Corporations make no express or implied warranties, and expressly disclaim all warranties of merchantability or fitness for a particular purpose or use with respect to the Nasdaq-100 Index® or any data included therein.  Without limiting any of the foregoing, in no event shall the Corporations have any liability for any lost profits or special, incidental, punitive, indirect or consequential damages, even if notified of the possibility of such damages.
 
“The Nasdaq-100®,” “Nasdaq-100 Index®,” “Nasdaq Stock Market®” and “Nasdaq®” are trade or service marks of The Nasdaq, Inc. (which with its affiliates are the “Corporations”) and have been licensed for use by Jackson.  The Corporations have not passed on the legality or suitability of the JNL/Mellon Capital Nasdaq®25 Fund, the JNL/Mellon Capital JNL Optimized 5 Fund, or the JNL/Mellon Capital VIP Fund.  The JNL/Mellon Capital Nasdaq® 25 Fund, the JNL/Mellon Capital VIP Fund and the JNL/Mellon Capital JNL Optimized 5 Fund are not issued, endorsed, sponsored, managed, sold or promoted by the Corporations.  THE CORPORATIONS MAKE NO WARRANTIES AND BEAR NO LIABILITY WITH RESPECT TO THE JNL/MELLON CAPITAL NASDAQ® 25 FUND, THE JNL/MELLON CAPITAL VIP FUND AND THE JNL/MELLON CAPITAL JNL OPTIMIZED 5 FUND.

“NYSE®” is a registered mark of, and “NYSE International 100 IndexSM” is a service mark of, the New York Stock Exchange, Inc. (“NYSE”) and have been licensed for use for certain purposes by Jackson National Asset Management, LLC.  The JNL/Mellon Capital NYSE® International 25 Fund is not sponsored, endorsed, sold or promoted by NYSE, and NYSE makes no representation regarding the advisability of investing in the JNL/Mellon Capital NYSE® International 25 Fund.
 
“NYSE International 100 IndexSM” is a service mark of NYSE Group, Inc.  NYSE Group, Inc. has no relationship to Jackson National Asset Management, LLC, other than the licensing of the “NYSE International 100 IndexSM” (the “Index”) and its service marks for use in connection with the JNL/Mellon Capital NYSE® International 25 Fund.
 
NYSE Group, Inc. does not:
 
 ●     
Sponsor, endorse, sell or promote the JNL/Mellon Capital NYSE® International 25 Fund.
 ●     
Recommend that any person invest in the JNL/Mellon Capital NYSE® International 25 Fund or any other securities.
 ●     
Have any responsibility or liability for or make any decisions about the timing, amount or pricing of JNL/Mellon Capital NYSE® International 25 Fund.
 ●     
Have any responsibility or liability for the administration, management or marketing of the JNL/Mellon Capital NYSE® International 25 Fund.
 ●     
Consider the needs of the JNL/Mellon Capital NYSE® International 25 Fund or the owners of the JNL/Mellon Capital NYSE® International 25 Fund in determining, composing or calculating the NYSE International 100 IndexSM or have any obligation to do so.
 
 
A-4

 
 
NYSE Group, Inc. and its affiliates will not have any liability in connection with the JNL/Mellon Capital NYSE® International 25 Fund.  Specifically,
 
NYSE Group, Inc. and its affiliates make no warranty, express or implied, and NYSE Group, Inc. and its affiliates disclaim any warranty about:
   
The results to be obtained by the JNL/Mellon Capital NYSE® International 25 Fund, the owner of the JNL/Mellon Capital NYSE® International 25 Fund or any other person in connection with the use of the Index and the data included in the NYSE International 100 IndexSM;
   
The accuracy or completeness of the Index and its data;
   
The merchantability and the fitness for a particular purpose or use of the Index and its data;
NYSE Group, Inc. will have no liability for any errors, omissions or interruptions in the Index or its data;
Under no circumstances will NYSE Group, Inc. or any of its affiliates be liable for any lost profits or indirect, punitive, special or consequential damages or losses, even if NYSE Group, Inc. knows that they might occur.
 
The licensing agreement between Jackson National Asset Management, LLC and NYSE Group, Inc. is solely for their benefit and not for the benefit of the owners of the JNL/Mellon Capital NYSE® International 25 Fund or any other third parties.
 
Russell Investment Group is the source and owner of the trademarks, service marks and copyrights related to the Russell Indexes.  Russell is a trademark of Russell Investment Group.
 
JNL/Mellon Capital Small Cap Index Fund is not promoted, sponsored or endorsed by, nor in any way affiliated with Russell Investment Group (“Russell”).  Russell is not responsible for and has not reviewed JNL/Mellon Capital Small Cap Index Fund nor any associated literature or publications and Russell makes no representation or warranty, express or implied, as to their accuracy, or completeness, or otherwise.
 
Russell reserves the right, at any time and without notice, to alter, amend, terminate or in any way change the Russell Indexes.  Russell has no obligation to take the needs of any particular fund or its participants or any other product or person into consideration in determining, composing or calculating any of the Russell Indexes.
 
 
Russell’s publication of the Russell Indexes in no way suggests or implies an opinion by Russell as to the attractiveness or appropriateness of investment in any or all securities upon which the Russell Indexes are based.  RUSSELL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE ACCURACY COMPLETENESS, RELIABILITY, OR OTHERWISE OF THE RUSSELL INDEXES.  RUSSELL MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE USE, OR THE RESULTS OF USE, OF THE RUSSELL INDEXES OR ANY DATA INCLUDED THEREIN, OR ANY SECURITY (OR COMBINATION THEREOF) COMPRISING THE RUSSELL INDEXES.  RUSSELL MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY, AND EXPRESSLY DISCLAIMS ANY WARRANTY, OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE RUSSELL INDEX(ES) OR ANY DATA OR ANY SECURITY (OR COMBINATION THEREOF) INCLUDED THEREIN.

 

“Value Line®,” “The Value Line Investment Survey,” and “Value Line TimelinessTM Ranking System” are trademarks of Value Line Securities, Inc. or Value Line Publishing, Inc. that have been licensed to Jackson.  The JNL/Mellon Capital Value Line® 30 Fund, the JNL/Mellon Capital VIP Fund, and the JNL/Mellon Capital JNL Optimized 5 Fund are not sponsored, recommended, sold or promoted by Value Line Publishing, Inc., Value Line, Inc. or Value Line Securities, Inc. (“Value Line”).  Value Line makes no representation regarding the advisability of investing in the JNL/Mellon Capital Value Line® 30 Fund, the JNL/Mellon Capital VIP Fund, and the JNL/Mellon Capital JNL Optimized 5 Fund.  Jackson is not affiliated with any Value Line Company.

THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND ARE NOT SPONSORED, ENDORSED, SOLD OR PROMOTED BY MSCI INC. (“MSCI”), ANY OF ITS AFFILIATES, ANY OF ITS INFORMATION PROVIDERS OR ANY OTHER THIRD PARTY INVOLVED IN, OR RELATED TO, COMPILING, COMPUTING OR CREATING ANY MSCI INDEX (COLLECTIVELY, THE “MSCI PARTIES”).  THE MSCI INDEXES ARE THE EXCLUSIVE PROPERTY OF MSCI.  MSCI AND THE MSCI INDEX NAMES ARE SERVICE MARK(S) OF MSCI OR ITS AFFILIATES AND HAVE BEEN LICENSED FOR USE FOR CERTAIN PURPOSES BY JACKSON NATIONAL ASSET MANAGEMENT, LLC.  NONE OF THE MSCI PARTIES MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO THE ISSUER OR OWNERS OF THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND OR ANY OTHER
 
 
A-5

 
 
PERSON OR ENTITY REGARDING THE ADVISABILITY OF INVESTING IN FUNDS GENERALLY OR IN THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND PARTICULARLY OR THE ABILITY OF ANY MSCI INDEX TO TRACK CORRESPONDING STOCK MARKET PERFORMANCE.  MSCI OR ITS AFFILIATES ARE THE LICENSORS OF CERTAIN TRADEMARKS, SERVICE MARKS AND TRADE NAMES AND OF THE MSCI INDEXES WHICH ARE DETERMINED, COMPOSED AND CALCULATED BY MSCI WITHOUT REGARD TO THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND OR THE ISSUER OR OWNERS OF THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND OR ANY OTHER PERSON OR ENTITY.  NONE OF THE MSCI PARTIES HAS ANY OBLIGATION TO TAKE THE NEEDS OF THE ISSUER OR OWNERS OF THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND OR ANY OTHER PERSON OR ENTITY INTO CONSIDERATION IN DETERMINING, COMPOSING OR CALCULATING THE MSCI INDEXES.  NONE OF THE MSCI PARTIES IS RESPONSIBLE FOR OR HAS PARTICIPATED IN THE DETERMINATION OF THE TIMING OF, PRICES AT, OR QUANTITIES OF THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND TO BE ISSUED OR IN THE DETERMINATION OR CALCULATION OF THE EQUATION BY OR THE CONSIDERATION INTO WHICH THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND IS REDEEMABLE.  FURTHER, NONE OF THE MSCI PARTIES HAS ANY OBLIGATION OR LIABILITY TO THE ISSUER OR OWNERS OF THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THE ADMINISTRATION, MARKETING OR OFFERING OF THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND.
 
ALTHOUGH MSCI SHALL OBTAIN INFORMATION FOR INCLUSION IN OR FOR USE IN THE CALCULATION OF THE MSCI INDEXES FROM SOURCES THAT MSCI CONSIDERS RELIABLE, NONE OF THE MSCI PARTIES WARRANTS OR GUARANTEES THE ORIGINALITY, ACCURACY AND/OR THE COMPLETENESS OF ANY MSCI INDEX OR ANY DATA INCLUDED THEREIN.  NONE OF THE MSCI PARTIES MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY THE ISSUER OF THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND, OWNERS OF THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND, OR ANY OTHER PERSON OR ENTITY, FROM THE USE OF ANY MSCI INDEX OR ANY DATA INCLUDED THEREIN.  NONE OF THE MSCI PARTIES SHALL HAVE ANY LIABILITY FOR ANY ERRORS, OMISSIONS OR INTERRUPTIONS OF OR IN CONNECTION WITH ANY MSCI INDEX OR ANY DATA INCLUDED THEREIN. FURTHER, NONE OF THE MSCI PARTIES MAKES ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, AND THE MSCI PARTIES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO EACH MSCI INDEX AND ANY DATA INCLUDED THEREIN.  WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL ANY OF THE MSCI PARTIES HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS) EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

 
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APPENDIX B

 
CONTRACT ENHANCEMENT RECAPTURE CHARGES

Example 1 illustrates the application of the 4% Contract Enhancement endorsement to a Contract with a single Premium payment and the application of withdrawal charges (using the base withdrawal charge schedule) and recapture charges upon a partial withdrawal when earnings exceed 10% of Remaining Premium (and, therefore, there is no free withdrawal).    This example assumes that the Contract is issued on October 1, 2012, and that the Contract Value grows to $128,837.76 by September 30, 2016.  The Contract Owner requests that he or she be sent $100,000 on September 30, 2016  The Contract Value will have to be reduced by not only the $100,000, but also by the applicable Withdrawal Charge and Recapture Charge owed to us given the amount of Premium withdrawn that is subject to those charges, as illustrated below.

Example 1
     
10/1/2012
: Contract Issue Date
   
$100,000.00
: Premium
       
4.00%
: Contract Enhancement Percentage
   
$4,000.00
: Contract Enhancement (Premium ($100,000) multiplied by the Contract Enhancement Percentage (4.00%))
6.00%
: Withdrawal Charge Percentage for Completed Year 3-4 (WC%)
   
2.50%
: Recapture Charge Percentage for Completed Year 3-4 (RC%)
   
5.50%
: Hypothetical Net Return
             
At end of Year 4
         
9/30/2016
   
$128,837.76
: Contract Value at end of Year 4
 
$100,000.00
: Net Withdrawal Amount (The amount requested to be sent.)
 
             
$28,837.76
: Earnings (Contract Value ($128,837.76) less Premium ($100,000)), which are presumed to be
 
withdrawn first and without charges.
$71,162.24
: Net Withdrawal Amount requested ($100,000) minus Earnings ($28,837.76).
$77,772.94
: Corresponding Premium.   The amount to which the appropriate recapture charge percentage and withdrawal charge percentage are applied.  This amount is determined by multiplying the Net Withdrawal Amount requested minus Earnings ($71,162.24) by a factor determined by the percentage amounts of the applicable charges.  It is the actual amount of Premium that will need to be withdrawn to send the Contract Owner the Net Withdrawal Amount and apply the remainder to pay the charges to us.  In this example, the corresponding Premium is specifically calculated as follows: $71,162.24 X (1/[1 – (6.00% + 2.50%)]) = $77,772.94.  In this calculation, the 6.00% represents the WC%, and the 2.50% represents the RC%.
             
$100,000.00
: Net Withdrawal Amount
   
$4,666.38
: Withdrawal Charge: $77,772.94 multiplied by WC% (6.00%)
   
$1,944.32
: Recapture Charge: $77,772.94 multiplied by RC% (2.50%)
   
$106,610.70
: Total Withdrawal Amount (Net Withdrawal requested $100,000.00) plus the Withdrawal Charge ($4,666.38) and the Recapture Charge ($1,944.32) that is imposed on the withdrawal of Premium that is the total amount deducted from the Contract Value
       
$22,227.06
: Contract Value after Total Withdrawal ($128,837.76 less $106,610.70)
             
 
 
B-1

 
 
Example 2 illustrates the application of the 4% Contract Enhancement endorsement to a Contract with multiple Premium payments and the application of withdrawal charges (using the base withdrawal charge schedule) and recapture charges upon a partial withdrawal when earnings do not exceed 10% of Remaining Premium.  This example assumes that the Contract is issued on October 1, 2012, the Contract Owner makes an additional Premium payment of $100,000 on November 1, 2014, and that the Contract Value grows to $207,000 by December 15, 2014.  The Contract Owner requests that he or she be sent $150,000 on December 15, 2014.  The Contract Value will have to be reduced by not only the $150,000, but also by the applicable Withdrawal Charge and Recapture Charge owed to us given the amount of Premium withdrawn that is subject to those charges, as illustrated below.  For purposes of the withdrawal charge and recapture charge, we treat withdrawals as coming first from earnings, which are withdrawn without withdrawal charges and recapture charges, and then from the oldest Remaining Premium, which will have the lowest withdrawal charges and recapture charges of any Premium remaining in the Contract.

Example 2
     
10/1/2012
: Contract Issue Date
     
$100,000.00
: Premium 1
     
4.00%
: Contract Enhancement Percentage
$4,000.00
: Contract Enhancement (Premium ($100,000) multiplied by the Contract Enhancement Percentage (4.00%))
7.00%
: Withdrawal Charge Percentage for Completed Year 2-3 (WC%1)
2.50%
: Recapture Charge Percentage for Completed Year 2-3 (RC%1)
             
11/1/2014
           
$100,000.00
: Premium 2 received in Contract Year 2-3
   
3.00%
: Contract Enhancement Percentage for Premium received in Contract Year 2-3
$3,000.00
: Contract Enhancement (Premium ($100,000) multiplied by the Contract Enhancement Percentage (3.00%))
8.50%
: Withdrawal Charge Percentage for Completed Year 0-1 (since the receipt of the Premium) (WC%2)
2.50%
: Recapture Charge Percentage for Completed Year 0-1 (since the receipt of the Premium) (RC%2)
0.00%
: Hypothetical Net Return
   
             
12/15/2014
           
$207,000.00
: Contract Value
 
$150,000.00
: Net Withdrawal Amount (The amount requested to be sent.)
 
             
$7,000.00
: Earnings (Contract Value ($207,000) less Premiums ($200,000)), which are presumed to be
 
  withdrawn first and without charges.
$13,000.00
: Amount available for withdrawal under the free withdrawal provision [(Premium ($200,000) multiplied by 10%) less Earnings ($7,000)]
$130,000.00
: Net Withdrawal Amount ($150,000) requested minus Earnings ($7,000) and minus the free withdrawal amount ($13,000)).
   
$100,000.00
: Total Corresponding Premium 1,which is the oldest Remaining Premium.  All of this Premium must be withdrawn to meet the requested Net Withdrawal Amount.
$90,500.00
: The amount of Premium 1 withdrawn after deducting the Withdrawal Charge and the Recapture Charge paid to us (Total Corresponding Premium 1 withdrawn ($100,000) less the Withdrawal Charge from Premium 1($100,000 multiplied by WC%1 (7.00%) equals $7,000) less the Recapture Charge from Premium 1($100,000 multiplied by RC%1 (2.50%) equals $2,500))
   
$39,500.00
: Net withdrawal amount needed from Premium 2, which is equal to the Net Withdrawal Amount requested ($150,000), minus Earnings ($7,000), minus the free withdrawal amount ($13,000), and minus the amount withdrawn from Premium 1 after deducting the Withdrawal Charge and the Recapture Charge ($90,500)
$44,382.02
: Total Corresponding Premium 2.  The amount of Premium 2 to which the appropriate recapture charge percentage and withdrawal charge percentage are applied.  This amount is determined by multiplying the net withdrawal amount needed from Premium 2 ($39,500) by a factor determined by the percentage amounts of the applicable charges.  In this example, the corresponding Premium 2 is specifically calculated as follows: $39,500 X (1/[1 – (8.50% + 2.50%)]) = $44,382.02.  In this calculation, the 8.50% represents the WC%2, and the 2.50% represents the RC%2.
             
$150,000.00
: Net Withdrawal Amount
   
$7,000.00
: Withdrawal Charge from Premium 1: $100,000 multiplied by WC%1(7.00%)
$2,500.00
: Recapture Charge from Premium 1: $100,000 multiplied by RC%1(2.50%)
$3,772.47
: Withdrawal Charge from Premium 2: $44,382.02 multiplied by WC%2(8.50%)
$1,109.55
: Recapture Charge from Premium 2: $44,382.02 multiplied by RC%2 (2.50%)
$164,382.02
: Total Withdrawal Amount (Net Withdrawal requested ($150,000.00) plus the Withdrawal Charge ($7,000.00 plus $2,500.00 equals $9,500.00 in total Withdrawal Charges) and the Recapture Charge ($3,772.47 plus $1,109.55 equals $4,882.02 in total Recapture Charges) that is imposed on the withdrawal of Premium) which is the total amount deducted from the Contract Value)
       
$42,617.98
: Contract Value after Total Withdrawal ($207,000.00 less $164,382.02)
   
       
 
 
B-2

 

APPENDIX C

BROKER-DEALER SUPPORT

Below is a complete list of broker-dealers that received marketing and distribution and/or administrative support in 2012 from the Distributor in relation to the sale of our variable insurance products.

1st Global Capital Corporation
 
Bankers & Investors Co
 
Center Street Securities
 
Deutsche Bank Securities, Inc.
Adirondack Trading Group LLC
 
BB&T Investment Services Inc
 
Century Securities & Associates, Inc.
 
DeWaay Financial Network, LLC
Advest, Inc.
 
BBVA Compass Investment Solutions Inc.
 
Ceros Financial Services INC
 
DFPG Investments
Advisory Group Equity Services
 
BCG Securities
 
Cetera Advisors LLC
 
Dorsey and Company, Inc.
Aegis Capital Corp
 
Benjamin F Edwards & Co Inc
 
Cetera Financial Specialists
 
Double Eagle Securities of America Inc.
Affinity Financial Services, LLC
 
Berthel Fisher & Co Financial Services
 
CFD Investments, Inc.
 
Downstate Securities Group, Inc.
Alamo Capital
 
BestVest Investments, Ltd.
 
Chelsea Financial Services
 
Duncan Williams Inc.
Allegheny Investments, Ltd.
 
BFT Financial Group
 
CIM Securities LLC
 
EDI Financial Inc.
Allegiance Capital
 
BMO Harris Financial Advisors, Inc.
 
Client One Securities LLC
 
Edward Jones
Allegiant Securities
 
BOSC Inc
 
Coastal Equities
 
EK Riley Investments, LLC
Allen & Company
 
Brecek & Young Advisors, Inc.
 
Colorado Financial Service Corporation
 
ePlanning Securities
Allen, Mooney & Barnes Brokerage
 
Broker Dealer Financial
 
Comerica Insurance Services, Inc.
 
Equable Securities Corp.
Services, LLC
 
Brokers International Financial Services
 
Commonwealth Financial Network
 
Equity Services Inc
Allied Beacon Partners Inc
 
Bruce A. Lefavi Securities, Inc.
 
Community Investment Services
 
Essex Financial Services Inc
Allstate Financial Services LLC
 
Cadaret, Grant & Company
 
Comprehensive Asset Management and
 
Essex National Securities Inc
American Equity Investment Corp
 
Calton & Associates Inc
 
Servicing, Inc.
 
Fairport Capital, Inc.
American General Securities, Inc.
 
Cambridge Investment Research
 
Concorde Investment Services
 
FCG Advisors, LLC
American Independent Securities Group, LLC
 
Cantella & Co, Inc
 
Coombe Financial Services Inc.
 
Fenwick Securities, Inc.
American Investors Company
 
Cape Fear Securities, Inc.
 
Coordinated Capital Securities
 
Fifth Third Securities
American Municipal Securities, Inc.
 
Cape Securities
 
Country Club Financial Services Inc.
 
Financial Advisers Of America
American Portfolios Financial Services, Inc.
 
Capital Analysts Inc
 
Crowell, Weedon & Co
 
Financial Advisors of America
Ameriprise Advisor Services Inc.
 
Capital Financial Services
 
Crown Capital Securities LP
 
Financial Network Investment
Ameritas Investment Corp
 
Capital Guardian LLC
 
CUE Financial Group
 
Financial Partners Credit Union
Arete Wealth Management LLC
 
Capital Investment Group
 
CUNA Brokerage Services, Inc.
 
Financial Planning Consultants
Arque Capital Ltd
 
Capital Management Securities
 
Cuna Mutual Insurance Agency
 
Financial Security Management
Arvest Asset Management
 
Capital One Investment Services, LLC
 
CUSO Financial Services
 
Financial Telesis Inc
Associated Investment Services
 
Capitol Securities Management, Inc.
 
CW Securities LLC
 
Financial West Investment Group
Ausdal Financial Partners Inc
 
Capwest Securities, Inc.
 
D A Davidson
 
Fintegra, LLC
Avalon Investment & Securities Group Inc.
 
Cary Street Partners LLC
 
D H Hill Securities LLP
 
First Allied Securities, Inc
AXA Advisors LLC
 
CBIZ Financial Solutions, Inc.
 
Dalton Strategic Investment
 
First American Securities
B B Graham & Co Inc
 
CCF Investments, Inc.
 
Davenport & Company
 
First Brokerage America LLC
B C Ziegler and Company
 
CCO Investment Services
 
David A Noyes & Company
 
First Citizens Financial Plus Inc.
Bancorpsouth Investment Services, Inc.
 
Centara Capital Securities Inc.
 
Delta Equity Services Corporation
 
First Citizens Investor Services
Bancwest Investment Services, Inc.
 
Centaurus Financial Inc
 
Dempsey Lord Smith LLC
 
First Citizens Securities Corp.
Bank of America
 
Centennial Securities Company
 
Despain Financial Corporation
 
First Financial Equity
 
 
C-1

 
 
First Heartland Capital Inc
 
Hancock Securities Group LLC
 
Investment Professionals Inc
 
Lucia Securities LLC
First Independent Financial Services
 
Hantz Financial Services
 
Investors Capital Corporation
 
M & T Securities
First Midwest Securities
 
Harbor Financial Services
 
Investors Security Co Inc
 
M. Holdings Securities, Inc.
First National Capital Markets
 
Harbour Investment Inc
 
J P Turner & Co LLC
 
M&I Financial Advisors, Inc
First Southeast Investor
 
Harger & Company
 
J W Cole Financial Inc.
 
Madison Ave Securities
First Tennessee Brokerage Direct
 
Harold Dance Investments
 
J. Alden Associates, Inc.
 
Mark Stewart Securities Inc.
First Western Advisors
 
Harris Bancorp Insurance Services, Inc.
 
James T Borello & Company
 
McLaughlin Ryder Investments
First Western Securities, Inc.
 
Harvest Capital LLC
 
Janney Montgomery Scott LLC
 
McNally Financial Services Corp
FirstMerit Financial Services, Inc.
 
Hazard & Siegel Inc
 
JHS Capital Advisors
 
Means Investment Co. Inc.
Five Star Investment Services
 
HBW Securities
 
JJB Hilliard WL Lyons Inc
 
MerCap Securities, LLC
Focus Insurance Agency Inc.
 
Hefren-Tillotson, Inc.
 
JRL Capital Corporation
 
Mercer Allied
Foothill Securities, Inc
 
High Street Securities
 
K.W. Chambers & Co.
 
Meridian United
Foresters Equity Services Inc.
 
Hightower Securities LLC
 
Kaiser and Company
 
Merrill Lynch
Forsyth Securities
 
Hilliard Lyons
 
Kalos Capital Inc
 
Merrimac Corp Securities
Fortune Financial Services, Inc.
 
Homestreet Insurance
 
KCD Financial
 
Mesirow Financial Inc
Founders Financial Securities
 
Hornor Townsend & Kent Inc
 
KCG Securities LLC
 
Metlife Securities
Freedom Investors Corp.
 
HSBC Securities
 
Kehrer Saltzman & Associates
 
Metropolitan Investment Securities Inc.
Frost Brokerage Services, Inc.
 
Humana MarketPoint Inc.
 
Kenai Investments Inc
 
Michigan Securities, Inc.
FSC Securities Corporation
 
Huntington Ins. Inc.
 
Key Investment Services
 
Mid Atlantic Capital Corp
Fulcrum Securities Inc
 
Huntington Investment Company
 
KMS Financial Services Inc
 
MidAmerica Financial Services
G F Investment Services
 
Huntleigh Securities Corp.
 
Koehler Financial LLC
 
Mid-Atlantic Securities Inc
G. W. Sherwold Associates Inc.
 
IBN Financial Services
 
Kovack Securities, Inc
 
Midwestern Securities Trading Co.
GA Repple & Company
 
IFG Network Securities
 
L.M. Kohn & Company, Inc.
 
Milkie/Ferguson Investments, Inc.
Garden State Securities
 
IFS Securities
 
Labrunerie Financial Inc
 
Mischler Financial Group, Inc.
GBS Financial Corporation
 
IMS Securities
 
Lamar Enterprises Inc.
 
MML Investors Services Inc
Geneos Wealth Management Inc
 
Independence Capital Co
 
Landolt Securities Inc
 
Moloney Securities Co., Inc.
Gentry Partners Ltd
 
Independent Financial Group
 
Larson Financial Securities
 
Money Concepts Capital Corp
Genworth Financial Securities Corporation
 
Infinex Investments Inc
 
Lasalle St Securities LLC
 
Moors & Cabot, Inc.
Gilford Securities Incorporated
 
Infinity Securities Inc.
 
Legacy Financial Services, Inc.
 
Morgan Keegan
Girard Securities, Inc.
 
ING Financial Advisers LLC
 
Legend Equities Corp
 
Morgan Stanley Smith Barney
Glen Eagle Advisors, LLC
 
ING Financial Partners Inc
 
Leigh Baldwin & Co LLC  Inc
 
Morris Group Inc
Global Brokerage Services, Inc.
 
Institutional Securities Corp
 
Leonard & Company
 
MSC – BD LLC
Gold Coast Securities, Inc.
 
Intercarolina Financial Services, Inc.
 
Liberty Group, LLC
 
MTL Equity Products, Inc.
Gradient Securities
 
Intercontinental Asset Management Group
 
Liberty Partners Financial
 
Multi-Financial Securities Corp
Grant Williams LP
 
International Assets Advisory
 
LifeMark Securities Corp
 
Mutual of Omaha Investor Services
Great American Investors Inc.
 
Intervest International Equities Corp.
 
Lincoln Financial Advisors
 
Mutual Securities Inc
Great Nation Investment Corporation
 
INVEST Financial Corporation
 
Lincoln Financial Securities
 
Mutual Trust Company
Great Southern Bank
 
Investacorp, Inc.
 
Lincoln Investment Planning
 
MWA Financial Services, Inc.
GWN Securities Inc
 
Investment Advisors & Consultants, Inc.
 
Lombard Securities
 
National Planning Corporation
H  Beck Inc
 
Investment Centers Of America
 
Longevity Capital LLC
 
National Securities Corp
H D Vest Investment Securities
 
Investment Network, Inc.
 
Lowell & Company Inc
 
Nationwide Planning Associates
Hancock Investment Services
 
Investment Planners, Inc.
 
LPL Financial Corporation
 
Nationwide Securities, LLC
 
 
C-2

 
 
Navy Federal Brokerage Services
 
Pro Equities, Inc
 
Sigma Financial Corporation
 
Thrivent Investment Management
NBC Securities Inc
 
Prospera Financial Services Inc
 
Signator Investors, Inc
 
Thurston, Springer, Miller, Herd & Titak, Inc
New England Securities
 
Protected Investors of America
 
Signature Securities Group Corp.
 
Tower Square Securities
Newbridge Securities Corp
 
PTS Brokerage LLC
 
SII Investments
 
Transamerica Financial Advisors, Inc
Newport Coast Securities
 
Puplava Securities Inc.
 
Silver Oak Securities
 
Triad Advisors, Inc.
NEXT Financial Group, Inc.
 
Purshe Kaplan Sterling
 
Singer Xenos Securities Corp.
 
Tricor Financial, LLC
NFP Securities Inc
 
QA3 Financial Corporation
 
Small Business Insurance Agency
 
Triune Capital Advisors
NIA Securities LLC
 
Quest Capital Strategies, Inc.
 
SMH Capital Inc
 
Trustmont Financial Group
Northeast Capital Management, Inc.
 
Quest Securities
 
Smith Brown & Groover, Inc.
 
U.S. Bancorp Investments, Inc.
Northeast Securities, Inc.
 
Questar Capital Corporation
 
Smith Moore & Co
 
UBS Financial Services Inc
Northland Securities, Inc.
 
Quick and Reilly Inc.
 
Sorrento Pacific Financial
 
UMB Insurance, Inc.
Northridge Securities Corp
 
R.M. Stark & Co., Inc.
 
South Valley Wealth Management
 
Umpqua Investments Inc
Northwestern Mutual Investment Services, LLC
 
Rampart Financial Services, Inc.
 
Southeast Investments
 
Unionbanc Investment Services
NPB Financial Group
 
Raymond James
 
Southwest Securities Financial Services
 
United Brokerage Services, Inc.
NYLife Securities
 
RBC Capital Markets Corp
 
Spire Securities LLC
 
United Global Securities Inc
OFG Financial Services, Inc.
 
RDM Investment Services, Inc.
 
St Bernard Financial Services
 
United Planners Financial Services Of
Ogilvie Security Advisors
 
Regal Securities Inc
 
Stephens Inc
 
America
OneAmerica Securities
 
Rendler Sales Consulting, LLC
 
Sterne Agee & Leach Group Inc
 
Univest Insurance Inc.
Online Brokerage Services Inc.
 
Resource Horizons Group
 
Sterne Agee Financial Services
 
USA Financial Securities Corp
Oppenheimer & Co
 
Rhodes Securities, Inc.
 
Stifel Nicolaus & Company
 
USI Securities, Inc.
Pacific West
 
Ridgeway & Conger Inc
 
Strategic Financial Alliance
 
UVEST
Packerland Brokerage Services
 
River Stone Wealth Management
 
Summit Brokerage Services Inc
 
Valic Financial Advisors Inc
Paradigm Equities, Inc.
 
RNR Securities LLC
 
Summit Equities Inc
 
Valley National Investments
Park Avenue Securities
 
Robert W Baird & Co Inc
 
Sunbelt Securities
 
ValMark Securities Inc
Parsonex Securities, LLC
 
Rogan and Associates
 
Sunset Financial Services, Inc
 
Vanderbilt Securities LLC Inc
Peak Brokerage Services
 
Royal Alliance Associates Inc
 
SunTrust Investment Services, Inc.
 
Veritrust Financial LLC
Penn Plaza Associates
 
Royal Securities
 
SWBC Investment Services LLC
 
Vorpahl Wing Securities
People's Securities Inc
 
RSG Capital Corporation
 
SWS Financial Service, Inc.
 
VSR Financial Services, Inc.
PFA Security Asset Management
 
S. G. Long & Company
 
Symetra Investment Services
 
Waddell & Reed, Inc
PIM Financial Services
 
Sagepoint Financial
 
Synergy Investment Group
 
Wall Street Financial Group
PlanMember Securities
 
Sammons Securities
 
Synovus Securities Inc.
 
Wall Street Strategies Inc.
PMK Securities & Research, Inc.
 
Santander Securities LLC
 
Tandem Securities Inc.
 
Walnut Street Securities
PNC Investments LLC
 
Saxony Securities Inc
 
TD Wealth Mangement Services, Inc.
 
Waterford Investor Services, Inc.
PPA Investments, Inc.
 
SCF Secuties, Inc.
 
TFS Securities
 
Wayne Hummer Investments LLC
Presidential Brokerage, Inc
 
Scott & Stringfellow Inc
 
The Huntington Investment
 
WBB Securities
Prime Capital Services Inc
 
Secure Planning Inc
 
Company
 
Wedbush Securities Inc.
Prime Solutions Securities, Inc.
 
Securian Financial Services
 
The Investment Center Inc
 
Weitzel Financial Services Inc
Prime Vest Financial Services
 
Securities America
 
The Leaders Group
 
Wells Fargo Advisors
Princor Financial Services
 
Securities Mangement & Research, Inc.
 
The O.N. Equity Sales Company
 
WesBanco Securities
Private Client Services LLC
 
Securities Service Network
 
The Windmill Group
 
Wescom Financial Services
 
C-3

 

Westco Investment Corp
 
Western Equity Group
 
Western International Securities Inc
 
Westminster Financial Securities
 
Westport Resources Investment Services, Inc
 
WFG Investments Inc
 
Wilbanks Securities, Inc.
 
Williams Financial Group
 
Windsor Sheffield & Co, Inc
 
Woodbury Financial Services Inc
 
Woodmen Financial Services, Inc.
 
World Equity Group, Inc.
 
World Financial Group
 
Worth Financial Group Inc.
 
WR Rice Financial Services, Inc.
 
WRP Investments Inc
 
Wunderlich Securities
 
 
 
C-4

 
APPENDIX D

GMWB PROSPECTUS EXAMPLES

I.      SAFEGUARD MAX (N o   longer offered as of A pril 29, 2013)
 
Unless otherwise specified, the following examples assume you elected SafeGuard Max GMWB with a 7% benefit when you purchased your Contract, no other optional benefits were elected, your initial Premium payment was $100,000, your GAWA is greater than your RMD (if applicable) at the time a withdrawal is requested, all partial withdrawals requested include any applicable charges, and no prior partial withdrawals have been made. The examples also assume that the GMWB has not been terminated as described in the Access to Your Money section of this prospectus.

Example 1: This example demonstrates how GMWB values are set at election.

§  
Example 1a: If the GMWB is elected at issue:
¨    
Your initial GWB is $100,000, which is your initial Premium payment.
¨    
Your GAWA is $7,000, which is 7% of your initial GWB ($100,000*0.07 = $7,000).

§  
Example 1b: If the GMWB is elected after issue (if permitted) when the Contract Value is $105,000 and your Contract includes a Contract Enhancement with a total Recapture Charge of $5,000 at the time the GMWB is elected:
¨    
Your initial GWB is $100,000, which is your Contract Value ($105,000) less the Recapture Charge ($5,000) on the effective date of the endorsement.
¨    
Your GAWA is $7,000, which is 7% of your initial GWB ($100,000*0.07 = $7,000).

§  
Example 1c: If the GMWB is elected after issue (if permitted) or you convert to another GMWB, if permitted, when the Contract Value is $110,000 and your Contract includes a Contract Enhancement with a total Recapture Charge of $5,000 at the time the GMWB is elected or converted:
¨    
Your initial GWB in your new GMWB is $105,000, which is your Contract Value ($110,000) less the Recapture Charge ($5,000) on the effective date of the endorsement.  If you converted your GMWB when the GWB for your former GMWB was $120,000 and the Contract Value less the Recapture Charge declined to $105,000 prior to the conversion date, the conversion to the new GMWB would result in a $15,000 reduction in the GWB.
¨    
Your GAWA is $7,350, which is 7% of your initial GWB ($105,000*0.07 = $7,350).

§  
Notes:
¨    
Your GAWA% and GAWA are not determined until the earlier of the time of your first withdrawal or the date that your Contract Value reduces to zero.

Example 2: This example demonstrates how your GAWA% is determined.  Your GAWA% is determined on the earlier of the time of your first withdrawal or the date that your Contract Value reduces to zero. Your GAWA% is set based upon your attained age at that time.  Your initial GAWA is determined based on this GAWA% and the GWB at that time.

§  
If, at the time the GAWA% is determined, your GAWA% is 7% based on your attained age and your GWB is $100,000, your initial GAWA is $7,000, which is your GAWA% multiplied by your GWB at that time ($100,000 * 0.07 = $7,000).

Example 3: This example demonstrates how upon payment of a subsequent Premium, GMWB values may be re-determined.

§  
Example 3a: This example demonstrates what happens if you make an additional Premium payment of $50,000, your GWB is $100,000 at the time of payment, and your Contract includes a Contract Enhancement provision which provides $2,500 to your Contract at the time of the Premium payment:
¨    
Your new GWB is $150,000, which is your GWB prior to the additional Premium payment ($100,000) plus your additional Premium payment ($50,000).  Your GWB is subject to a maximum of $5,000,000 (see Example 3b).
¨    
Your GAWA is $10,500, which is your GAWA prior to the additional Premium payment ($7,000) plus 7% of your additional Premium payment ($50,000*0.07 = $3,500).

§  
Example 3b: This example demonstrates how GWB and GAWA are affected by the GWB $5,000,000 maximum, upon payment of a subsequent Premium.  If you make an additional Premium payment of $100,000 and your GWB is $4,950,000 and your GAWA is $346,500 at the time of payment:
¨    
Your new GWB is $5,000,000, which is the maximum, since your GWB prior to the additional Premium payment ($4,950,000) plus your additional Premium payment ($100,000) exceeds the maximum of $5,000,000.
 
 
D-1

 
 
¨    
Your GAWA is $350,000, which is your GAWA prior to the additional Premium payment ($346,500) plus 7% of the allowable $50,000 increase in your GWB (($5,000,000 - $4,950,000)*0.07 = $3,500).

§  
Notes:
¨    
Your GAWA is recalculated upon payment of an additional Premium (as described above) only if such payment occurs after your GAWA % has been determined.

Example 4: This example demonstrates how GMWB values are re-determined upon withdrawal of the guaranteed amount (which is your GAWA for endorsements for non-qualified and qualified Contracts that do not permit withdrawals in excess of the GAWA or which is the greater of your GAWA or your RMD for those GMWBs related to qualified Contracts that permit withdrawals in excess of the GAWA to equal your RMD).

§  
Example 4a: This example demonstrates what happens if you withdraw an amount equal to your GAWA ($7,000) when your GWB is $100,000:
¨    
Your new GWB is $93,000, which is your GWB prior to the withdrawal ($100,000) less the amount of the withdrawal ($7,000).
¨    
Your GAWA for the next year remains $7,000, since you did not withdraw an amount that exceeds your GAWA.
¨    
If you continued to take annual withdrawals equal to your GAWA, it would take an additional 14 years to deplete your GWB ($93,000 / $7,000 per year = 14 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.

§  
Example 4b: This example demonstrates what happens if you withdraw an amount equal to your RMD ($7,500), which is greater than your GAWA ($7,000) when your GWB is $100,000 and the RMD provision is in effect for your endorsement:
¨    
Your new GWB is $92,500, which is your GWB prior to the withdrawal ($100,000) less the amount of the withdrawal ($7,500).
¨    
Your GAWA for the next year remains $7,000, since your withdrawal did not exceed the greater of your GAWA ($7,000) or your RMD ($7,500).
¨    
If you continued to take annual withdrawals equal to your GAWA, it would take an additional 14 years to deplete your GWB ($92,500 / $7,000 per year = 14 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.

§  
Notes:
¨    
If your GAWA falls below your GWB at the end of your Contract Year, your GAWA will be adjusted to equal your GWB.
¨    
Withdrawals taken in connection with a GMWB are considered the same as any other withdrawal for the purpose of determining all other values under the Contract.  In the case where your minimum death benefit is reduced proportionately for withdrawals, your death benefit may be reduced by more than the amount of the withdrawal.

Example 5: This example demonstrates how GMWB values are re-determined upon withdrawal of an amount that exceeds your guaranteed amount (as defined in Example 4).

§  
Example 5a – SafeGuard Max: This example demonstrates what happens if you withdraw an amount ($10,000) that exceeds your GAWA ($7,000) when your Contract Value is $146,500 and your GWB is $100,000:
¨    
Your  new GWB is $91,000, which is your GWB reduced dollar-for-dollar for your GAWA, then reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [($100,000 - $7,000)*(1 - ($10,000 - $7,000) / ($146,500 - $7,000)) = $91,000].
¨    
Your GAWA is recalculated to equal $6,849, which is your current GAWA reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [$7,000 * (1 - ($10,000 - $7,000) / ($146,500 - $7,000)) = $6,849].  If you continued to take annual withdrawals equal to your GAWA, it would take an additional 14 years to deplete your GWB ($91,000 / $6849 per year = 14 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.

§  
Example 5b: This example demonstrates what happens if you withdraw an amount ($10,000) that exceeds your GAWA ($7,000) when your Contract Value is $105,000 and your GWB is $100,000:
¨    
Your new GWB is $90,153, which is your GWB reduced dollar-for-dollar for your GAWA, then reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [($100,000 - $7,000)*(1 - ($10,000 -
 
 
D-2

 
 
$7,000) / ($105,000 - $7,000)) = $90,153].
¨    
Your GAWA is recalculated to equal $6,786, which is your current GAWA reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [$7,000 * (1 - ($10,000 - $7,000)/($105,000 - $7,000)) = $6,785].  If you continued to take annual withdrawals equal to your GAWA, it would take an additional 14 years to deplete your GWB ($90,153 / $6,786 per year = 14 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.

§  
Example 5c: This example demonstrates what happens if you withdraw an amount ($10,000) that exceeds your GAWA ($7,000) when your Contract Value is $55,000 and your GWB is $100,000:
¨    
Your new GWB is $87,188, which is your GWB reduced dollar-for-dollar for your GAWA, then reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [($100,000 - $7,000) * (1 - ($10,000 - $7,000) / ($55,000 - $7,000)) = $87,188].
¨    
Your GAWA is recalculated to equal $6,563, which is your current GAWA reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [$7,000*(1-($10,000-$7,000)/($55,000 - $7,000))=$6,563].  If you continued to take annual withdrawals equal to your GAWA, it would take an additional 14 years to deplete your GWB ($87,188 / $6,563 per year = 14 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.

§  
Notes:
¨    
If your GAWA falls below your GWB at the end of your Contract Year, your GAWA will be adjusted to equal your GWB.
¨    
Withdrawals taken in connection with a GMWB are considered the same as any other withdrawal for the purpose of determining all other values under the Contract.  In the case where your minimum death benefit is reduced proportionately for withdrawals, your death benefit may be reduced by more than the amount of the withdrawal.

Example 6: This example illustrates how GMWB values are re-determined upon step-up.

§  
Example 6a: This example demonstrates what happens if at the time of step-up your Contract Value is $200,000, your GWB is $90,000, and your GAWA is $7,000:
¨    
Your new GWB is recalculated to equal $200,000, which is equal to your Contract Value.
¨    
Your GAWA for the next year is recalculated to equal $14,000, which is the greater of 1) your GAWA prior to the step-up ($7,000) or 2) 7% of your new GWB ($200,000*0.07 = $14,000).
-     
After step-up, if you continued to take annual withdrawals equal to your GAWA, it would take an additional 15 years to deplete your GWB ($200,000 / $14,000 per year = 15 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.

§  
Example 6b: This example demonstrates what happens if at the time of step-up your Contract Value is $90,000, your GWB is $80,000, and your GAWA is $7,000:
¨    
Your new GWB is recalculated to equal $90,000, which is equal to your Contract Value.
¨    
Your GAWA for the next year remains $7,000, which is the greater of 1) your GAWA prior to the step-up ($7,000) or 2) 7% of your new GWB ($90,000*0.07 = $6,300).
-     
After step-up, if you continued to take annual withdrawals equal to your GAWA, it would take an additional 13 years to deplete your GWB ($90,000 / $7,000 per year = 13 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.

§  
Notes:
¨    
The Company may increase the GMWB charge upon step-up. By not electing to step-up, you can avoid the potential increase in charge due to step-up. You should carefully consider this decision and consult your representative.
¨    
Your GAWA is recalculated upon step-up (as described above) only if the step-up occurs after your GAWA% has been determined.

Example 7: This example demonstrates how the timing of a withdrawal request interacts with the timing of the step-up provision to impact re-determination of GMWB values.
 
§  
Example 7a: This example demonstrates what happens if prior to any transactions your Contract Value is $200,000, your GAWA is $7,000, your GAWA% is not eligible for re-determination upon step-up, your GWB is $100,000 and you wish to step-up your GWB (or your GWB is due to step-up automatically) and you also wish to take a withdrawal of an amount equal to $7,000:
¨    
If you request the withdrawal the day after the step-up, upon step-up, your GWB is set equal to $200,000, which is your Contract Value.  At that time, your GAWA is recalculated and is equal to $14,000, which is the greater of 1) your
 
 
D-3

 
 
GAWA prior to the step-up ($7,000) or 2) 7% of your new GWB ($200,000*0.07 = $14,000).  On the day following the step-up and after the withdrawal of $7,000, your new GWB is $193,000, which is your GWB less the amount of the withdrawal ($200,000 - $7,000 = $193,000) and your GAWA will remain at $14,000 since the amount of the withdrawal does not exceed your GAWA.  If you continued to take annual withdrawals equal to your GAWA, it would take approximately an additional 14 years to deplete your GWB ($193,000 / $14,000 per year = approximately 14 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.  .
¨    
If you request the withdrawal prior to the step-up, immediately following the withdrawal transaction, your new GWB is $93,000, which is your GWB less the amount of the withdrawal ($100,000 - $7,000 = $93,000) and your Contract Value becomes $193,000, which is your Contract Value prior to the withdrawal less the amount of the withdrawal ($200,000 - $7,000 = $193,000).  Upon step-up following the withdrawal, your GWB is set equal to $193,000, which is your Contract Value.  At that time, your GAWA is recalculated and is equal to $13,510, which is the greater of 1) your GAWA prior to the step-up ($7,000) or 2) 7% of your new GWB ($193,000*0.07 = $13,510).  If you continued to take annual withdrawals equal to your GAWA, it would take an additional 15 years to deplete your GWB ($193,000 / $13,510 per year = 15 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.

§  
Notes:
¨    
As the example illustrates, when considering a request for a withdrawal at or near the same time as the election of a step-up, the order of the transactions may impact your GAWA.
-     
If the step-up would result in an increase in your GAWA and the requested withdrawal is less than or equal to your new GAWA, your GAWA resulting after the two transactions would be greater if the withdrawal is requested after the step-up is applied.
-     
If the step-up would result in an increase in your GAWA, and the requested withdrawal is greater than your new GAWA, your GAWA resulting after the two transactions would be greater if the withdrawal is requested after the step-up is applied.
 
-
Otherwise, your GAWA resulting from the transactions is the same regardless of the order of transactions.
¨    
This example would also apply in situations when the withdrawal exceeded your GAWA but not your permissible RMD.
¨    
The Company may increase the GMWB charge upon step-up.
¨    
Your GAWA% is determined at the time of the withdrawal (if not previously determined).
¨    
If your GAWA falls below your GWB at the end of your Contract Year, your GAWA will be adjusted to equal your GWB.
¨    
Withdrawals taken in connection with a GMWB are considered the same as any other withdrawal for the purpose of determining all other values under the Contract.  In the case where your minimum death benefit is reduced proportionately for withdrawals, your death benefit may be reduced by more than the amount of the withdrawal.

II.      AUTOGUARD 5, AUTOGUARD 6 (A utoguard 6 no   longer offered as of A pril 29, 2013)

Unless otherwise specified, the following examples assume you elected an AutoGuard 5 GMWB with a 5% benefit when you purchased your Contract, no other optional benefits were elected, your initial Premium payment was $100,000, your GAWA is greater than your RMD (if applicable) at the time a withdrawal is requested, all partial withdrawals requested include any applicable charges, and no prior partial withdrawals have been made. The examples also assume that the GMWB has not been terminated as described in the Access to Your Money section of this prospectus.  If you elected an AutoGuard 6 GMWB instead of an AutoGuard 5 GMWB, the examples will still apply, given that you replace the 5% in each of the GAWA calculations with a 6%.

Example 1: This example demonstrates how GMWB values are set at election.

§  
Example 1a: If the GMWB is elected at issue:
¨    
Your initial GWB is $100,000, which is your initial Premium payment.
¨    
Your GAWA is $5,000, which is 5% of your initial GWB ($100,000*0.05 = $5,000).

§  
Example 1b : If the GMWB is elected after issue (if permitted) when the Contract Value is $105,000 and your Contract includes a Contract Enhancement at the time the GMWB is elected:
¨    
Your initial GWB is $105,000, which is your Contract Value ($105,000) on the effective date of the endorsement.
¨    
Your GAWA is $5,250, which is 5% of your initial GWB ($105,000*0.05 = $5,250).

Example 2: This example demonstrates how your GAWA is determined.

§  
If your GAWA% is 5% based on your Contract and your GWB is $100,000, your initial GAWA is $5,000, which is your GAWA% multiplied by your GWB at that time ($100,000 * 0.05 = $5,000).
 
 
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Example 3: This example demonstrates how upon payment of a subsequent Premium, GMWB values may be re-determined.

§  
Example 3a: This example demonstrates what happens if you make an additional Premium payment of $50,000, your GWB is $100,000 at the time of payment, and your Contract includes a Contract Enhancement provision which provides $2,500 to your Contract at the time of the Premium payment:
¨    
Your new GWB is $152,500, which is your GWB prior to the additional Premium payment ($100,000) plus your additional Premium payment ($50,000) plus the Contract Enhancement resulting from the Premium payment ($2,500).  Your GWB is subject to a maximum of $5,000,000 (see Example 3b).
¨    
Your GAWA is $7,625, which is your GAWA prior to the additional Premium payment ($5,000) plus 5% of the amount of increase in your GWB resulting from the additional Premium payment

§  
Example 3b: This example demonstrates how GWB and GAWA are affected by the GWB $5,000,000 maximum, upon payment of a subsequent Premium.  If you make an additional Premium payment of $100,000 and your GWB is $4,950,000 and your GAWA is $247,500 at the time of payment:
¨    
Your new GWB is $5,000,000, which is the maximum, since your GWB prior to the additional Premium payment ($4,950,000) plus your additional Premium payment ($100,000) exceeds the maximum of $5,000,000.
¨    
Your GAWA is $250,000, which is your GAWA prior to the additional Premium payment ($247,500) plus 5% of the allowable $50,000 increase in your GWB (($5,000,000 - $4,950,000)*0.05 = $2,500).

Example 4: This example demonstrates how GMWB values are re-determined upon withdrawal of the guaranteed amount (which is your GAWA for endorsements for non-qualified and qualified Contracts that do not permit withdrawals in excess of the GAWA or which is the greater of your GAWA or your RMD for those GMWBs related to qualified Contracts that permit withdrawals in excess of the GAWA to equal your RMD).

§  
Example 4a: This example demonstrates what happens if you withdraw an amount equal to your GAWA ($5,000) when your GWB is $100,000:
¨    
Your new GWB is $95,000, which is your GWB prior to the withdrawal ($100,000) less the amount of the withdrawal ($5,000).
¨    
Your GAWA for the next year remains $5,000, since you did not withdraw an amount that exceeds your GAWA.
¨    
If you continued to take annual withdrawals equal to your GAWA, it would take an additional 19 years to deplete your GWB ($95,000 / $5,000 per year = 19 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.

§  
Example 4b: This example demonstrates what happens if you withdraw an amount equal to your RMD ($7,500), which is greater than your GAWA ($5,000) when your GWB is $100,000 and the RMD provision is in effect for your endorsement:
¨    
Your new GWB is $92,500, which is your GWB prior to the withdrawal ($100,000) less the amount of the withdrawal ($7,500).
¨    
Your GAWA for the next year remains $5,000, since your withdrawal did not exceed the greater of your GAWA ($5,000) or your RMD ($7,500).
¨    
If you continued to take annual withdrawals equal to your GAWA, it would take an additional 19 years to deplete your GWB ($92,500 / $5,000 per year = 19 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.

§  
Notes:
¨    
If your GAWA falls below your GWB at the end of your Contract Year, your GAWA will be adjusted to equal your GWB.
¨    
Withdrawals taken in connection with a GMWB are considered the same as any other withdrawal for the purpose of determining all other values under the Contract.  In the case where your minimum death benefit is reduced proportionately for withdrawals, your death benefit may be reduced by more than the amount of the withdrawal.

Example 5: This example demonstrates how GMWB values are re-determined upon withdrawal of an amount that exceeds your guaranteed amount (as defined in Example 4).

§  
Example 5a: This example demonstrates what happens if you withdraw an amount ($10,000) that exceeds your GAWA ($5,000) when your Contract Value is $130,000 and your GWB is $100,000:
¨    
Your new GWB is $91,200, which is your GWB reduced dollar-for-dollar for your GAWA, then reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [($100,000 - $5,000)*(1 - ($10,000 - $5,000) / ($130,000 - $5,000)) = $91,200].
¨    
Your GAWA is recalculated to equal $4,800, which is your current GAWA reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [$5,000 * (1 - ($10,000 -
 
 
D-5

 
 
$5,000) / ($130,000 - $5,000)) = $4,800].  If you continued to take annual withdrawals equal to your GAWA, it would take an additional 19 years to deplete your GWB ($91,200 / $4,800 per year = 19 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.
§  
Example 5b: This example demonstrates what happens if you withdraw an amount ($10,000) that exceeds your GAWA ($5,000) when your Contract Value is $105,000 and your GWB is $100,000:
¨    
Your new GWB is $90,250, which is your GWB reduced dollar-for-dollar for your GAWA, then reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [($100,000 - $5,000)*(1 - ($10,000 - $5,000) / ($105,000 - $5,000)) = $90,250].
¨    
Your GAWA is recalculated to equal $4,750, which is your current GAWA reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [$5,000 * (1 - ($10,000 - $5,000)/($105,000 - $5,000)) = $4,750].  If you continued to take annual withdrawals equal to your GAWA, it would take an additional 19 years to deplete your GWB ($90,250 / $4,750 per year = 19 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.

§  
Example 5c: This example demonstrates what happens if you withdraw an amount ($10,000) that exceeds your GAWA ($5,000) when your Contract Value is $55,000 and your GWB is $100,000:
¨    
Your new GWB is $85,500, which is your GWB reduced dollar-for-dollar for your GAWA, then reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [($100,000 - $5,000) * (1 - ($10,000 - $5,000) / ($55,000 - $5,000)) = $85,500].
¨    
Your GAWA is recalculated to equal $4,500, which is your current GAWA reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [$5,000*(1-($10,000-$5,000)/($55,000 - $5,000))=$4,500].  If you continued to take annual withdrawals equal to your GAWA, it would take an additional 19 years to deplete your GWB ($85,500 / $4,500 per year = 19 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.

§  
Notes:
¨    
If your GAWA falls below your GWB, your GAWA will be adjusted to equal your GWB.
¨    
Withdrawals taken in connection with a GMWB are considered the same as any other withdrawal for the purpose of determining all other values under the Contract.  In the case where your minimum death benefit is reduced proportionately for withdrawals, your death benefit may be reduced by more than the amount of the withdrawal.

Example 6: This example illustrates how GMWB values are re-determined upon step-up.

§  
Example 6a: This example demonstrates what happens if at the time of step-up your Contract Value is $200,000, your GWB is $90,000, and your GAWA is $5,000:
¨    
Your new GWB is recalculated to equal $200,000, which is equal to your Contract Value.
¨    
Your GAWA for the next year is recalculated to equal $10,000, which is the greater of 1) your GAWA prior to the step-up ($5,000) or 2) 5% of your new GWB ($200,000*0.05 = $10,000).
-     
After step-up, if you continued to take annual withdrawals equal to your GAWA, it would take an additional 20 years to deplete your GWB ($200,000 / $10,000 per year = 20 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.

§  
Example 6b: This example demonstrates what happens if at the time of step-up your Contract Value is $90,000, your GWB is $80,000, and your GAWA is $5,000:
¨    
Your new GWB is recalculated to equal $90,000, which is equal to your Contract Value.
¨    
Your GAWA for the next year remains $5,000, which is the greater of 1) your GAWA prior to the step-up ($5,000) or 2) 5% of your new GWB ($90,000*0.05 = $4,500).
-     
After step-up, if you continued to take annual withdrawals equal to your GAWA, it would take an additional 18 years to deplete your GWB ($90,000 / $5,000 per year = 18 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.

§  
Notes:
¨    
The Company may increase the GMWB charge upon step-up. You will have an opportunity to discontinue the automatic step-ups and avoid the potential increase in charge due to step-up. You should carefully consider this decision and consult your representative.
 
 
D-6

 
 
¨    
Your GWB will only step-up to the Contract Value if the Contract Value is greater than your GWB at the time of the automatic step-up.
¨    
Your GAWA is recalculated upon step-up (as described above) only if the step-up occurs after your GAWA% has been determined.

Example 7: This example demonstrates how the timing of a withdrawal request interacts with the timing of the step-up provision to impact re-determination of GMWB values.

§  
Example 7a: This example demonstrates what happens if prior to any transactions your Contract Value is $200,000, your GAWA is $5,000, your GWB is $100,000 and you wish to step-up your GWB (or your GWB is due to step-up automatically) and you also wish to take a withdrawal of an amount equal to $5,000:
¨    
If you request the withdrawal the day after the step-up, upon step-up, your GWB is set equal to $200,000, which is your Contract Value.  At that time, your GAWA is recalculated and is equal to $10,000, which is the greater of 1) your GAWA prior to the step-up ($5,000) or 2) 5% of your new GWB ($200,000*0.05 = $10,000).  On the day following the step-up and after the withdrawal of $5,000, your new GWB is $195,000, which is your GWB less the amount of the withdrawal ($200,000 - $5,000 = $195,000) and your GAWA will remain at $10,000 since the amount of the withdrawal does not exceed your GAWA.  If you continued to take annual withdrawals equal to your GAWA, it would take approximately an additional 20 years to deplete your GWB ($195,000 / $10,000 per year = approximately 20 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.
¨    
If you request the withdrawal prior to the step-up, immediately following the withdrawal transaction, your new GWB is $95,000, which is your GWB less the amount of the withdrawal ($100,000 - $5,000 = $95,000) and your Contract Value becomes $195,000, which is your Contract Value prior to the withdrawal less the amount of the withdrawal ($200,000 - $5,000 = $195,000).  Upon step-up following the withdrawal, your GWB is set equal to $195,000, which is your Contract Value.  At that time, your GAWA is recalculated and is equal to $9,750, which is the greater of 1) your GAWA prior to the step-up ($5,000) or 2) 5% of your new GWB ($195,000*0.05 = $9,750).  If you continued to take annual withdrawals equal to your GAWA, it would take an additional 20 years to deplete your GWB ($195,000 / $9,750 per year = 20 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.

§  
Notes:
¨    
As the example illustrates, when considering a request for a withdrawal at or near the same time as the election or automatic application of a step-up, the order of the transactions may impact your GAWA.
-     
If the step-up would result in an increase in your GAWA and the requested withdrawal is less than or equal to your new GAWA, your GAWA resulting after the two transactions would be greater if the withdrawal is requested after the step-up is applied.
-     
If the step-up would result in an increase in your GAWA and the requested withdrawal is greater than your new GAWA, your GAWA resulting after the two transactions would be greater if the withdrawal is requested after the step-up is applied.
 
-
Otherwise, your GAWA resulting from the transactions is the same regardless of the order of transactions.
¨    
This example would also apply in situations when the withdrawal exceeded your GAWA but not your permissible RMD.
¨    
The Company may increase the GMWB charge upon step-up.
¨    
Your GWB will only step-up to the Contract Value if the Contract Value  is greater than your GWB at the time of the automatic step-up.
¨    
If your GAWA falls below your GWB at the end of your Contract Year, your GAWA will be adjusted to equal your GWB.
¨    
Withdrawals taken in connection with a GMWB are considered the same as any other withdrawal for the purpose of determining all other values under the Contract.  In the case where your minimum death benefit is reduced proportionately for withdrawals, your death benefit may be reduced by more than the amount of the withdrawal.

III.      LIFEGUARD FREEDOM 6 NET

Unless otherwise specified, the following examples apply to and assume you elected LifeGuard Freedom 6 Net GMWB (referred to below as a GMWB) when you purchased your Contract, no other optional benefits were elected, your initial Premium payment was $100,000, your GAWA is greater than your RMD (if applicable) at the time a withdrawal is requested, all partial withdrawals requested include any applicable charges and no prior partial withdrawals have been made. The examples assume that your age when the GAWA% is first determined corresponds to a GAWA% of 5%, the GMWB elected has a bonus percentage of 6%, the Contract Enhancement is 5%, and the GMWB and any For Life Guarantee have not been terminated.  If your age at the time the GAWA% is first determined corresponds to a GAWA% other than 5%, the examples will still apply, given that you replace the 5% in each of the GAWA calculations with the appropriate GAWA%.
 
 
D-7

 
 
Example 1: This example demonstrates how GMWB values are set at election. This example applies ONLY if your endorsement was issued on or after 04/29/2013.

§   
Example 1a: If the GMWB is elected at issue:
¨    
Your initial GWB is $100,000, which is your initial Premium payment.
¨    
Your GAWA is $5,000, which is 5% of your initial GWB ($100,000*0.05 = $5,000).

§   
Example 1b: If the GMWB is elected after issue (subject to availability) when the Contract Value is $105,000 and your Contract includes a Contract Enhancement with a total Recapture Charge of $5,000 at the time the GMWB is elected:
¨    
Your initial GWB is $100,000, which is your Contract Value ($105,000) less the Recapture Charge ($5,000) on the effective date of the endorsement.
¨    
Your GAWA is $5,000, which is 5% of your initial GWB ($100,000*0.05 = $5,000).

§   
Example 1c: If the GMWB is elected after issue (subject to availability) or you convert to another GMWB, if permitted, when the Contract Value is $110,000 and your Contract includes a Contract Enhancement with a total Recapture Charge of $5,000 at the time the GMWB is elected or converted:
¨    
Your initial GWB in your new GMWB is $105,000, which is your Contract Value ($110,000) less the Recapture Charge ($5,000) on the effective date of the endorsement.  If you converted your GMWB when the GWB for your former GMWB was $120,000 and the Contract Value less the Recapture Charge declined to $105,000 prior to the conversion date, the conversion to the new GMWB would result in a $15,000 reduction in the GWB.
¨    
Your GAWA is $5,250, which is 5% of your initial GWB ($105,000*0.05 = $5,250).

§   
Notes:
¨    
Your initial Benefit Determination Baseline (BDB) is set equal to your initial Premium payment if the endorsement is elected at issue or your Contract Value less any applicable Recapture Charge if the endorsement is elected after issuance of the Contract (subject to availability).
¨    
Your initial Bonus Base is set equal to your GWB at the time of election.
¨    
Your initial GWB Adjustment is set equal to 200% times your initial GWB.
¨    
Your initial GMWB Earnings Determination Baseline is set equal to your initial Premium payment if the endorsement is elected at issue or your Contract Value less any applicable Recapture Charge if the endorsement is elected after issuance of the Contract (subject to availability).

Example 2 : This example demonstrates how GMWB values are set at election.   This example applies ONLY if your endorsement was issued before 04/29/2013.

§  
Example 2 a: If the GMWB is elected at issue:
¨    
Your initial GWB is $105,000, which is your initial Premium payment ($100,000) plus any Contract Enhancement ($100,000*0.05=$5,000).
¨    
Your GAWA is $ 5,250 , which is 5% of your initial GWB ($ 105,000 *0.05 = $ 5,250 ).
  
 

§  
Example 2 b: If the GMWB is elected after issue (subject to availability) when the Contract Value is $105,000:
¨    
Your initial GWB is $105,000, which is your Contract Value on the effective date of the endorsement.
¨    
Your GAWA is $5,250, which is 5% of your initial GWB ($105,000*0.05 = $5,250).

§  
Example 2 c: If the GMWB is elected after issue (subject to availability) or you convert to another GMWB, if permitted, when the Contract Value is $110,000 the time the GMWB is elected or converted:
¨    
Your initial GWB in your new GMWB is $110,000, which is your Contract Value ($110,000) on the effective date of the endorsement.
¨    
Your GAWA is $5,500, which is 5% of your initial GWB ($110,000*0.05 = $5,500).

§  
Notes:
¨    
Your initial Benefit Determination Baseline (BDB) is set equal to your initial Premium payment plus any Contract Enhancement, if the endorsement is elected at issue or your Contract Value if the endorsement is elected after issuance of the Contract (subject to availability).
¨    
Your initial Bonus Base is set equal to your GWB at the time of election.
¨    
Your initial GWB Adjustment is set equal to 200% times your initial GWB.
¨    
Your initial GMWB Earnings Determination Baseline is set equal to your initial Premium payment.

 
D-8

 

Example 3 : This example demonstrates how your GAWA% is determined. Your GAWA% is determined on the earlier of the time of your first withdrawal, the date that your Contract Value reduces to zero, the date that the GMWB is continued by a spousal Beneficiary who is not a Covered Life, or upon election of the Life Income of a GMWB Income Option.  Your GAWA% is set based upon your attained age at that time.  Your initial GAWA is determined based on this GAWA% and the GWB at that time.

§  
If, at the time the GAWA% is determined, your GAWA% is 5% based on your attained age and your GWB is $100,000, your initial GAWA is $5,000, which is your GAWA% multiplied by your GWB at that time ($100,000 * 0.05 = $5,000).

§  
Notes:
¨    
Your GAWA% will be re-determined based on your attained age if your Contract Value at the time of a step-up is greater than the BDB.

Example 4: This example demonstrates how upon payment of a subsequent Premium, GMWB values may be re-determined. This example applies ONLY if your endorsement was issued on or after 04/29/2013.

§   
Example 4a: This example demonstrates what happens if you make an additional Premium payment of $50,000, and your GWB is $100,000 at the time of payment:
¨    
Your new GWB is $150,000, which is your GWB prior to the additional Premium payment ($100,000) plus your additional Premium payment ($50,000).  Your GWB is subject to a maximum of $5,000,000 (see Example 4b).
¨    
Your GAWA is $7,500, which is your GAWA prior to the additional Premium payment ($5,000) plus 5% of your additional Premium payment ($50,000*0.05 = $2,500).

§   
Example 4b: This example demonstrates how GWB and GAWA are affected by the GWB $5,000,000 maximum, upon payment of a subsequent Premium.  If you make an additional Premium payment of $100,000 and your GWB is $4,950,000 and your GAWA is $247,500 at the time of payment:
¨    
Your new GWB is $5,000,000, which is the maximum, since your GWB prior to the additional Premium payment ($4,950,000) plus your additional Premium payment ($100,000) exceeds the maximum of $5,000,000.
¨    
Your GAWA is $250,000, which is your GAWA prior to the additional Premium payment ($247,500) plus 5% of the allowable $50,000 increase in your GWB (($5,000,000 - $4,950,000)*0.05 = $2,500).

§   
Notes:
¨    
Your GAWA is recalculated upon payment of an additional Premium (as described above) only if such payment occurs after your GAWA % has been determined.
¨    
Your BDB is increased by the Premium payment. The BDB is not subject to a maximum of $5,000,000.
¨    
Your Bonus Base is increased by the Premium payment, subject to a maximum of $5,000,000.
¨    
If the Premium payment occurs prior to the first Contract Anniversary following the effective date of the endorsement, your GWB Adjustment is increased by the Premium payment times 200%, subject to a maximum of $5,000,000.  For example, if you make an additional Premium payment of $50,000 prior to your first Contract Anniversary following the effective date of the endorsement, and your GWB Adjustment value before the additional Premium payment is $200,000, then the GWB Adjustment is increased by 200% of the additional Premium payment.  The resulting GWB Adjustment is $200,000 + $100,000 = $300,000.
¨    
If the Premium payment occurs on or after the first Contract Anniversary following the effective date of the endorsement, your GWB Adjustment is increased by the Premium payment, subject to a maximum of $5,000,000.  For example, if you make an additional Premium payment of $50,000 after your first Contract Anniversary following the effective date of the endorsement, and your GWB Adjustment value before the additional Premium payment is $200,000, then the GWB Adjustment is increased by 100% of the additional Premium payment.  The resulting GWB Adjustment is $200,000 + $50,000 = $250,000.
¨    
Your GMWB Earnings Determination Baseline is increased by the Premium payment. The GMWB Earnings Determination Baseline is not subject to a maximum of $5,000,000.

Example 5 : This example demonstrates how upon payment of a subsequent Premium, GMWB values may be re-determined. This example applies ONLY if your endorsement was issued before 04/29/2013.

§  
Example 5 a: This example demonstrates what happens if you make an additional Premium payment of $50,000, your GWB is $100,000 at the time of payment, and your Contract includes a Contract Enhancement provision which provides $2,500 to your Contract at the time of the Premium payment:
¨    
Your new GWB is $152,500, which is your GWB prior to the additional Premium payment ($100,000) plus your additional Premium payment ($50,000) plus your Contract Enhancement ($2,500). Your GWB is subject to a maximum of $5,000,000 (see Example 3b).
¨    
Your GAWA is $7,625, which is your GAWA prior to the additional Premium payment ($5,000) plus 5% of your additional Premium payment plus any Contract Enhancement (($50,000+$2,500)*0.05 = $2,625).
 
 
D-9

 
 
§  
Example 5 b: This example demonstrates how GWB and GAWA are affected by the GWB $5,000,000 maximum, upon payment of a subsequent Premium.  If you make an additional Premium payment, plus any Contract Enhancement, of $100,000 and your GWB is $4,950,000 and your GAWA is $247,500 at the time of payment:
¨    
Your new GWB is $5,000,000, which is the maximum, since your GWB prior to the additional Premium payment ($4,950,000) plus your additional Premium payment, plus any Contract Enhancement ($100,000) exceeds the maximum of $5,000,000.
¨    
Your GAWA is $250,000, which is your GAWA prior to the additional Premium payment ($247,500) plus 5% of the allowable $50,000 increase in your GWB (($5,000,000 - $4,950,000)*0.05 = $2,500).

§  
Notes:
¨    
Your GAWA is recalculated upon payment of an additional Premium (as described above) only if such payment occurs after your GAWA% has been determined.
¨    
Your BDB is increased by the Premium payment, plus any Contract Enhancement.  The BDB is not subject to a maximum of $5,000,000.
¨    
Your Bonus Base is increased by the Premium payment, plus any Contract Enhancement, subject to a maximum of $5,000,000.
¨    
If the Premium payment occurs prior to the first Contract Anniversary following the effective date of the endorsement, your GWB Adjustment is increased by the Premium payment, plus any Contract Enhancement times 200%, subject to a maximum of $5,000,000.  For example, if you make an additional Premium payment, plus any Contract Enhancement of $ 52,500 prior to your first Contract Anniversary following the effective date of the endorsement, and your GWB Adjustment value before the additional Premium payment is $200,000, then the GWB Adjustment is increased by 200% of the additional Premium payment, plus any Contract Enhancement.  The resulting GWB Adjustment is $200,000 + $ 105,000 = $ 305,000 .
¨    
If the Premium payment occurs on or after the first Contract Anniversary following the effective date of the endorsement, your GWB Adjustment is increased by the Premium payment, plus any Contract Enhancement, subject to a maximum of $5,000,000.  For example, if you make an additional Premium payment, plus any Contract Enhancement of $ 52,500 after your first Contract Anniversary following the effective date of the endorsement, and your GWB Adjustment value before the additional Premium payment is $200,000, then the GWB Adjustment is increased by 100% of the additional Premium payment, plus any Contract Enhancement.  The resulting GWB Adjustment is $200,000 + $ 52,500 = $ 252,500 .
¨    
Your GMWB Earnings Determination Baseline is increased by the Premium payment but does not include the Contract Enhancement. The GMWB Earnings Determination Baseline is not subject to a maximum of $5,000,000 .

Example 6 : This example demonstrates how GMWB values are re-determined upon withdrawal of the guaranteed amount. (which is the greater of your GAWA or your RMD).

§  
Example 6 a: This example demonstrates what happens if you withdraw an amount equal to your GAWA ($5,000) when your GWB is $100,000:
¨    
Your new GWB is $95,000, which is your GWB prior to the withdrawal ($100,000) less the amount of the withdrawal ($5,000).
¨    
Your GAWA for the next year remains $5,000, since you did not withdraw an amount that exceeds your GAWA.
¨    
If you continued to take annual withdrawals equal to your GAWA, it would take an additional 19 years to deplete your GWB ($95,000 / $5,000 per year = 19 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.  However, if the For Life Guarantee is in effect, withdrawals equal to your GAWA could continue for the rest of your life (or in the case of Joint Owners, until the first death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), even beyond 19 years, provided that the withdrawals are taken prior to the Latest Income Date.

§  
Example 6 b: This example demonstrates what happens if you withdraw an amount equal to your RMD ($7,500), which is greater than your GAWA ($5,000) when your GWB is $100,000 and the RMD provision is in effect for your endorsement:
¨    
Your new GWB is $92,500, which is your GWB prior to the withdrawal ($100,000) less the amount of the withdrawal ($7,500).
¨    
Your GAWA for the next year remains $5,000, since your withdrawal did not exceed the greater of your GAWA ($5,000) or your RMD ($7,500).
¨    
If you continued to take annual withdrawals equal to your GAWA, it would take approximately an additional 19 years to deplete your GWB ($92,500 / $5,000 per year = approximately 19 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.  However, if the For Life Guarantee is in effect, withdrawals equal to your GAWA could continue for the rest of your life (or until the death of the last surviving Covered
 
 
D-10

 

Life if your endorsement is a For Life GMWB with Joint Option), even beyond 19 years, provided that the withdrawals are taken prior to the Latest Income Date.
§  
Notes:
¨    
Your BDB remains unchanged since the BDB is not adjusted for partial withdrawals.
¨    
Your Bonus Base remains unchanged since the withdrawal did not exceed the guaranteed amount; however, no bonus will be applied to your GWB at the end of the Contract Year in which the withdrawal is taken.
¨    
Your Guaranteed Withdrawal Balance Adjustment provision is terminated since a withdrawal is taken.
¨    
If the For Life Guarantee is not in effect, and if your GWB falls below your GAWA at the end of your Contract Year, your GAWA will be adjusted to equal your GWB.
¨    
Withdrawals taken in connection with a GMWB are considered the same as any other withdrawal for the purpose of determining all other values under the Contract.  In the case where your minimum death benefit is reduced proportionately for withdrawals, your death benefit may be reduced by more than the amount of the withdrawal.
¨    
This endorsement includes an Earnings-Sensitive Adjustment provision:
-     
The GMWB Earnings Determination Baseline will be reduced by the amount of the withdrawal in excess of GMWB Earnings. The GMWB Earnings Determination Baseline cannot be reduced below zero, however.  See Example 14.
-     
An Earnings-Sensitive Adjustment will apply to your withdrawal, which will allow you to withdraw additional amounts from your Contract during that Contract Year without causing a proportional reduction of your GMWB.  See Examples 14a and 14b.

Example 7 : This example demonstrates how GMWB values are re-determined upon withdrawal of an amount that exceeds your guaranteed amount (as defined in Example 6 ).

§  
Example 7 a: This example demonstrates what happens if you withdraw an amount ($10,000) that exceeds your GAWA ($5,000) when your Contract Value is $130,000 and your GWB is $100,000:
¨    
Your new GWB is $91,200, which is your GWB reduced dollar-for-dollar for your GAWA, then reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [($100,000 - $5,000)*(1 - ($10,000 - $5,000) / ($130,000 - $5,000)) = $91,200].
¨    
 Your GAWA is recalculated to equal $4,800, which is your current GAWA reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [$5,000 * (1 - ($10,000 - $5,000) / ($130,000 - $5,000)) = $4,800].  If you continued to take annual withdrawals equal to your GAWA, it would take an additional 19 years to deplete your GWB ($91,200 / $4,800 per year = 19 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.  However, if the For Life Guarantee is in effect, withdrawals equal to your GAWA could continue for the rest of your life (or in the case of Joint Owners, until the first death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), even beyond 19 years, provided that the withdrawals are taken prior to the Latest Income Date.

§  
Example 7 b: This example demonstrates what happens if you withdraw an amount ($10,000) that exceeds your GAWA ($5,000) when your Contract Value is $105,000 and your GWB is $100,000:
¨    
 Your new GWB is $90,250, which is your GWB reduced dollar-for-dollar for your GAWA, then reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [($100,000 - $5,000)*(1 - ($10,000 - $5,000) / ($105,000 - $5,000)) = $90,250].
¨    
 Your GAWA is recalculated to equal $4,750, which is your current GAWA reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [$5,000 * (1 - ($10,000 - $5,000)/($105,000 - $5,000)) = $4,750].  If you continued to take annual withdrawals equal to your GAWA, it would take an additional 19 years to deplete your GWB ($90,250 / $4,750 per year = 19 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.  However, if the For Life Guarantee is in effect, withdrawals equal to your GAWA could continue for the rest of your life (or in the case of Joint Owners, until the first death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), even beyond 19 years, provided that the withdrawals are taken prior to the Latest Income Date.

§  
Example 7 c: This example demonstrates what happens if you withdraw an amount ($10,000) that exceeds your GAWA ($5,000) when your Contract Value is $55,000 and your GWB is $100,000:
¨    
Your new GWB is $85,500, which is your GWB reduced dollar-for-dollar for your GAWA, then reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [($100,000 - $5,000) * (1 - ($10,000 - $5,000) / ($55,000 - $5,000)) = $85,500].
¨    
 Your GAWA is recalculated to equal $4,500, which is your current GAWA reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [$5,000*(1-($10,000-
 
 
D-11

 

$5,000)/($55,000 - $5,000))=$4,500].  If you continued to take annual withdrawals equal to your GAWA, it would take an additional 19 years to deplete your GWB ($85,500 / $4,500 per year = 19 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.  However, if the For Life Guarantee is in effect, withdrawals equal to your GAWA could continue for the rest of your life (or in the case of Joint Owners, until the first death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), even beyond 19 years, provided that the withdrawals are taken prior to the Latest Income Date.
§  
Notes:
¨    
Your BDB remains unchanged since the BDB is not adjusted for partial withdrawals.
¨    
Your Bonus Base is recalculated to equal the lesser of 1) your Bonus Base prior to the withdrawal or 2) your GWB following the withdrawal.  In addition, no bonus will be applied to your GWB at the end of the Contract Year in which the withdrawal is taken.
¨    
Your Guaranteed Withdrawal Balance Adjustment provision is terminated since a withdrawal is taken.
¨    
If the For Life Guarantee is not in effect, and if your GWB falls below your GAWA at the end of your Contract Year, your GAWA will be adjusted to equal your GWB.
¨    
Withdrawals taken in connection with a GMWB are considered the same as any other withdrawal for the purpose of determining all other values under the Contract.  In the case where your minimum death benefit is reduced proportionately for withdrawals, your death benefit may be reduced by more than the amount of the withdrawal.
¨    
This endorsement includes an Earnings-Sensitive Adjustment provision:
-     
The GMWB Earnings Determination Baseline will be reduced by the amount of the withdrawal in excess of GMWB Earnings. The GMWB Earnings Determination Baseline cannot be reduced below zero, however.  See Example 14.
-     
Your GWB will be reduced dollar-for-dollar for up to the sum of the Earnings-Sensitive Adjustments during that Contract Year and the GAWA, and your GWB and GAWA will be reduced proportionally only for the portion of the withdrawal in excess of that amount.  See Example 14c.

Example 8 : This example illustrates how GMWB values are re-determined upon step-up.

§  
Example 8 a: This example demonstrates what happens if at the time of step-up your Contract Value is $200,000, your GWB is $90,000, and your GAWA is $5,000:
¨    
Your new GWB is recalculated to equal $200,000, which is equal to your Contract Value.
¨    
If the step-up occurs after the initial determination of your GAWA%, the GAWA% will be re-determined based on your attained age (or the youngest Covered Life’s attained age if your endorsement is a For Life GMWB with Joint Option) if your Contract Value at the time of the step-up is greater than your BDB.
-     
If, in the example above, your BDB is $100,000 and the GAWA% at the applicable attained age is 6%:
·     
Your GAWA% is set to 6%, since your Contract Value ($200,000) is greater than your BDB ($100,000).
·     
Your GAWA is equal to $12,000, which is your new GWB multiplied by your new GAWA% ($200,000 * 0.06 = $12,000).
·     
Your BDB is recalculated to equal $200,000, which is the greater of 1) your BDB prior to the step-up ($100,000) or 2) your Contract Value at the time of step-up ($200,000).
¨  
If your Bonus Base is $100,000 just prior to the step-up, your Bonus Base is recalculated to equal $200,000, which is the greater of 1) your Bonus Base prior to the step-up ($100,000) or 2) your GWB following the step-up ($200,000).

 
-
If you have not passed your Contract Anniversary immediately following your 80th birthday (or the youngest Covered Life’s 80th birthday if your endorsement is a For Life GMWB with Joint Option), your Bonus Period will re-start since your Bonus Base has been increased due to the step-up.

§  
Example 8 b: This example demonstrates what happens if at the time of step-up your Contract Value is $90,000, your GWB is $80,000, and your GAWA is $5,000:
¨  
Your new GWB is recalculated to equal $90,000, which is equal to your Contract Value.
¨  
Your GAWA for the next year remains $5,000, which is the greater of 1) your GAWA prior to the step-up ($5,000) or 2) 5% of your new GWB ($90,000*0.05 = $4,500).
-     
After step-up, if you continued to take annual withdrawals equal to your GAWA, it would take an additional 18 years to deplete your GWB ($90,000 / $5,000 per year = 18 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.  However, if the For Life Guarantee is in effect, withdrawals equal to your GAWA could continue for the rest of your life (or in the case of Joint Owners, until the first death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), even beyond 18 years, provided that the withdrawals are taken prior to the Latest Income Date.
 
 
D-12

 
 
¨    
If the step-up occurs after the initial determination of your GAWA%, the GAWA% will be re-determined based on your attained age (or the youngest Covered Life’s attained age if your endorsement is a For Life GMWB with Joint Option) if your Contract Value  is greater than your BDB.  However, in this case, it is assumed that your BDB is $100,000.   See examples 1, 2, 4, and 5 for a description of how the BDB is determined.   Your BDB remains $100,000, which is the greater of 1) your BDB prior to the step-up ($100,000) or 2) your Contract Value at the time of step-up ($90,000).   Because the BDB did not increase upon step-up, this is not an opportunity for a redetermination of the GAWA%.  Your GAWA for the next year remains $5,000, which is the greater of 1) your GAWA prior to the step-up ($5,000) or 2) 5% of your new GWB ($90,000*0.05 = $4,500
¨    
If your Bonus Base is $100,000 just prior to the step-up, your Bonus Base remains $100,000, which is the greater of 1) your Bonus Base prior to the step-up ($100,000) or 2) your GWB following the step-up ($90,000).
 
-
Even though this endorsement allows for the Bonus Period to re-start, your Bonus Period will not re-start since your Bonus Base has not been increased due to the step-up.

§  
Notes:
¨    
The Company may increase the GMWB charge upon step-up. You will have an opportunity to discontinue the automatic step-ups and avoid the potential increase in charge due to step-up. You should carefully consider this decision and consult your representative.
¨    
Your GWB will only step-up to the Contract Value if the Contract Value is greater than your GWB at the time of the automatic step-up.
¨    
Your Bonus Base will be re-determined only if your GWB is increased upon step-up to a value above your Bonus Base just prior to the step-up.
¨    
Your GAWA is recalculated upon step-up (as described above) only if the step-up occurs after your GAWA% has been determined.
¨    
Your GWB Adjustment remains unchanged since step-ups do not impact the GWB Adjustment.
¨    
Your GMWB Earnings Determination Baseline remains unchanged since step-ups do not impact the GMWB Earnings Determination Baseline.

Example 9 : This example demonstrates how the timing of a withdrawal request interacts with the timing of the step-up provision to impact re-determination of GMWB values.

§   
Example 9a: This example demonstrates what happens if prior to any transactions your Contract Value is $200,000, your GAWA is $5,000, your GAWA% is not eligible for re-determination upon step-up your GWB is $100,000 and you wish to step-up your GWB (or your GWB is due to step-up automatically) and you also wish to take a withdrawal of an amount equal to $5,000:
¨    
If you request the withdrawal the day after the step-up, upon step-up, your GWB is set equal to $200,000, which is your Contract Value.  At that time, your GAWA is recalculated and is equal to $10,000, which is the greater of 1) your GAWA prior to the step-up ($5,000) or 2) 5% of your new GWB ($200,000*0.05 = $10,000).  On the day following the step-up and after the withdrawal of $5,000, your new GWB is $195,000, which is your GWB less the amount of the withdrawal ($200,000 - $5,000 = $195,000) and your GAWA will remain at $10,000 since the amount of the withdrawal does not exceed your GAWA.  If you continued to take annual withdrawals equal to your GAWA, it would take approximately an additional 20 years to deplete your GWB ($195,000 / $10,000 per year = approximately 20 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.  However, if the For Life Guarantee is in effect, withdrawals equal to your GAWA could continue for the rest of your life (or in the case of Joint Owners, until the first death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), even beyond 20 years, provided that the withdrawals are taken prior to the Latest Income Date.
-     
If your Bonus Base is $100,000 just prior to the step-up, at the time of step-up, your Bonus Base is recalculated and is equal to $200,000, which is the greater of 1) your Bonus Base prior to the step-up ($100,000) or 2) your GWB following the step-up ($200,000).  Your Bonus Base is not adjusted upon withdrawal since the amount of the withdrawal does not exceed your GAWA.
     
-     If you have not passed the Contract Anniversary immediately following your 80th birthday (or the youngest Covered Life’s 80th birthday if your endorsement is a For Life GMWB with Joint Option), your Bonus Period will re-start since your Bonus Base has been increased due to the step-up.
-     
If your BDB is $100,000 just prior to the step-up, then at the time of step-up, your BDB is recalculated and is equal to $200,000, which is the greater of 1) your BDB prior to the step-up ($100,000) or 2) your Contract Value at the time of step-up ($200,000).  Your BDB is not adjusted upon withdrawal since the BDB is not reduced for partial withdrawals.
¨    
If you request the withdrawal prior to the step-up, immediately following the withdrawal transaction, your new GWB is $95,000, which is your GWB less the amount of the withdrawal ($100,000 - $5,000 = $95,000) and your Contract Value becomes $195,000, which is your
 
 
D-13

 
 
Contract Value prior to the withdrawal less the amount of the withdrawal ($200,000 - $5,000 = $195,000).  Upon step-up following the withdrawal, your GWB is set equal to $195,000, which is your Contract Value.  At that time, your GAWA is recalculated and is equal to $9,750, which is the greater of 1) your GAWA prior to the step-up ($5,000) or 2) 5% of your new GWB ($195,000*0.05 = $9,750).  If you continued to take annual withdrawals equal to your GAWA, it would take an additional 20 years to deplete your GWB ($195,000 / $9,750 per year = 20 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.  However, if the For Life Guarantee is in effect, withdrawals equal to your GAWA could continue for the rest of your life (or in the case of Joint Owners, until the first death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), even beyond 20 years, provided that the withdrawals are taken prior to the Latest Income Date.
-     
If your Bonus Base is $100,000 just prior to the withdrawal, then at the time of the withdrawal, your Bonus Base is not adjusted since the amount of the withdrawal does not exceed your GAWA.  At the time of step-up, your Bonus Base is recalculated and is equal to $195,000, which is the greater of 1) your Bonus Base prior to the step-up ($100,000) or 2) your GWB following the step-up ($195,000).
-     
If you have not passed the Contract Anniversary immediately following your 80th birthday (or the youngest Covered Life’s 80th birthday if your endorsement is a For Life GMWB with Joint Option), your Bonus Period will re-start since your Bonus Base has been increased due to the step-up.
-     
If your BDB is $100,000 just prior to the withdrawal, then at the time of the withdrawal, your BDB is not adjusted since the BDB is not reduced for partial withdrawals.  At the time of step-up, your BDB is recalculated and is equal to $195,000, which is the greater of 1) your BDB prior to the step-up ($100,000) or 2) your Contract Value at the time of step-up ($195,000).

§  
Notes:
¨    
As the example illustrates, when considering a request for a withdrawal at or near the same time as the election or automatic application of a step-up, the order of the transactions may impact your GAWA.
-     
If the step-up would result in an increase in your GAWA and the requested withdrawal is less than or equal to your new GAWA, your GAWA resulting after the two transactions would be greater if the withdrawal is requested after the step-up is applied.  This is especially true if your endorsement allows for re-determination of the GAWA% and the step-up would result in a re-determination of the GAWA%.
-     
If the step-up would result in an increase in your GAWA, and the withdrawal requested is greater than your new GAWA, your GAWA resulting after the two transactions would be greater if the withdrawal is requested after the step-up is applied.
 
-
Otherwise, your GAWA resulting from the transactions is the same regardless of the order of transactions.
¨    
This example would also apply in situations when the withdrawal exceeded your GAWA but not your permissible RMD.
¨    
The Company may increase the GMWB charge upon step-up.
¨    
 Your GWB will only step-up to the Contract Value if the Contract Value is greater than your GWB at the time of the automatic step-up.
¨    
Your Bonus Base will be re-determined only if your GWB is increased upon step-up to a value above your Bonus Base just prior to the step-up.
¨    
Your GAWA% is determined at the time of the withdrawal (if not previously determined).
 
-
Your GAWA% is re-determined upon step-up if your Contract Value is greater than your BDB.
¨    
Your Guaranteed Withdrawal Balance Adjustment provision is terminated at the time of the withdrawal.
¨    
If the For Life Guarantee is not in effect, and if your GWB falls below your GAWA at the end of your Contract Year, your GAWA will be adjusted to equal your GWB.
¨    
Withdrawals taken in connection with a GMWB are considered the same as any other withdrawal for the purpose of determining all other values under the Contract.  In the case where your minimum death benefit is reduced proportionately for withdrawals, your death benefit may be reduced by more than the amount of the withdrawal.
¨    
Your GMWB Earnings Determination Baseline would not be adjusted for the step-up since step-ups do not impact the GMWB Earnings Determination Baseline, but your GMWB Earnings Determination Baseline may be reduced for the withdrawal.  See example 14 to see how the GMWB Earnings Determination Baseline is re-determined on a withdrawal.

Example 10 : This example illustrates how GMWB values are re-determined upon application of the Guaranteed Withdrawal Balance Bonus.

§  
Example 10 a: This example demonstrates what happens if at the end of a Contract Year in which you have taken no withdrawals, your GWB is $100,000, your Bonus Base is $100,000, and your GAWA is $5,000:
¨    
Your new GWB is recalculated to equal $106,000, which is equal to your GWB plus 6% of your Bonus Base ($100,000 + $100,000*0.06 = $106,000).
¨    
Your GAWA for the next year is recalculated to equal $ 5,300 , which is the greater of 1) your GAWA prior to the application of the bonus ($5,000) or 2) 5% of your new GWB ($106,000*0.05 = $5,300).
¨    
After the application of the bonus, if you continued to take annual withdrawals equal to your GAWA, it would take an additional 20 years to deplete your GWB ($106,000 / $5,300 per year = 20 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.  However, if the For Life Guarantee is in effect, withdrawals equal to your GAWA could continue for the rest of your life (or in the case of Joint Owners, until the first death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), even beyond 20 years, provided that the withdrawals are taken prior to the Latest Income Date.

§  
Example 10 b: This example demonstrates what happens if at the end of a Contract Year in which you have taken no withdrawals, your GWB is $90,000, your Bonus Base is $100,000, and your GAWA is $5,000:
¨    
Your new GWB is recalculated to equal $96,000, which is equal to your GWB plus 6% of your Bonus Base ($90,000 + $100,000*0.06 = $96,000).
¨    
Your GAWA for the next year remains $5,000, which is the greater of 1) your GAWA prior to the application of the bonus ($5,000) or 2) 5% of your new GWB ($96,000*0.05 = $4,800).
¨    
After the application of the bonus, if you continued to take annual withdrawals equal to your GAWA, it would take approximately an additional 20 years to deplete your GWB ($96,000 / $5,000 per year = approximately 20 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by
 
 
D-14

 
 
the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.  However, if the For Life Guarantee is in effect, withdrawals equal to your GAWA could continue for the rest of your life (or in the case of Joint Owners, until the first death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), even beyond 20 years, provided that the withdrawals are taken prior to the Latest Income Date.
§  
Notes:
¨    
Your Bonus Base is not recalculated upon the application of the bonus to your GWB.
¨    
Your GAWA is recalculated upon the application of the bonus (as described above) only if the application of the bonus occurs after your GAWA% has been determined.
¨    
Your BDB remains unchanged since the BDB is not impacted by the application of the bonus.
¨    
Your GWB Adjustment remains unchanged since the GWB Adjustment is not impacted by the application of the bonus.
¨    
If the For Life Guarantee is not in effect, and if your GWB falls below your GAWA at the end of your Contract Year, your GAWA will be adjusted to equal your GWB.
¨    
Your GMWB Earnings Determination Baseline remains unchanged since the GMWB Earnings Determination Baseline is not impacted by the application of the bonus.

Example 11 : This example illustrates how the GAWA is re-determined when the For Life Guarantee becomes effective after the effective date of the endorsement.  At the time the For Life Guarantee becomes effective, your GAWA is re-determined.

§  
Example 11 a: This example demonstrates what happens if on the reset date your Contract Value is $30,000, your GWB is $50,000, and your GAWA is $5,000:
¨    
Your GAWA for the next year is recalculated to equal $2,500, which is equal to 5% of the current GWB ($50,000*0.05 = $2,500).
¨    
The For Life Guarantee becomes effective, thus allowing you to make annual withdrawals equal to your GAWA for the rest of your life (or in the case of Joint Owners, until the first death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), provided that the withdrawals are taken prior to the Latest Income Date.  Once the For Life Guarantee becomes effective, it remains in effect until the endorsement is terminated, as described in the Access to Your Money section of this prospectus, or upon continuation of the Contract by the spouse (unless your endorsement is a For Life GMWB with Joint Option and the spouse continuing the Contract is a Covered Life in which case the For Life Guarantee remains in effect upon continuation of the Contract by the spouse).

§  
Example 11 b: This example demonstrates what happens if your Contract Value has fallen to $0 prior to the reset date, your GWB is $50,000 and your GAWA is $5,000:
¨    
You will continue to receive automatic payments of a total annual amount that equals your GAWA until your GWB is depleted.  However, your GAWA would not be permitted to exceed your remaining GWB.  Your GAWA is not recalculated since the Contract Value is $0.
¨    
The For Life Guarantee does not become effective due to the depletion of the Contract Value prior to the effective date of the For Life Guarantee.

§  
Example 11 c: This example demonstrates what happens if on the reset date, your Contract Value is $50,000, your GWB is $0, and your GAWA is $5,000:
¨    
Your GAWA for the next year is recalculated to equal $0, which is equal to 5% of the current GWB ($0*0.05 = $0).
¨    
The For Life Guarantee becomes effective, thus allowing you to make annual withdrawals equal to your GAWA for the rest of your life (or in the case of Joint Owners, until the first death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), provided that the withdrawals are
 
 
D-15

 
 
taken prior to the Latest Income Date.  Once the For Life Guarantee becomes effective, it remains in effect until the endorsement is terminated, as described in the Access to Your Money section of this prospectus, or upon continuation of the Contract by the spouse (unless your endorsement is a For Life GMWB with Joint Option and the spouse continuing the Contract is a Covered Life in which case the For Life Guarantee remains in effect upon continuation of the Contract by the spouse).
¨    
Although your GAWA is $0, upon step-up or subsequent Premium payments, your GWB and your GAWA would increase to values greater than $0 and since the For Life Guarantee has become effective, you could withdraw an annual amount equal to your GAWA for the rest of your life (or in the case of Joint Owners, until the first death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), provided that the withdrawals are taken prior to the Latest Income Date.

§  
Notes:
¨    
Your reset date is the Contract Anniversary on or immediately following the date you attain age 59 1/2 ( or in the case of Joint Owners, the oldest Joint Owner attains age 59 1/2 or the date the youngest Covered Life attains, or would have attained, age 59 1/2 if your endorsement is a For Life GMWB with Joint Option).

Example 12 : This example illustrates how the For Life Guarantee is affected upon death of the Owner on a For Life GMWB with Joint Option.  (This example only applies if your endorsement is a For Life GMWB with Joint Option.)

§  
This example demonstrates what happens if at the time of the death of the Owner (or either Joint Owner) the Contract Value is $105,000 and your GWB is $100,000:
¨    
If your endorsement has a For Life Guarantee that becomes effective after the effective date of the endorsement, the surviving Covered Life may continue the Contract and the For Life Guarantee will remain in effect or become effective on the Contract Anniversary on the reset date.  Once the For Life Guarantee becomes effective, the surviving Covered Life will be able to take annual withdrawals equal to the GAWA for the rest of his or her life, provided that the withdrawals are taken prior to the Latest Income Date.
¨    
If your endorsement has a For Life Guarantee that becomes effective on the effective date of the endorsement, the surviving Covered Life may continue the Contract and the For Life Guarantee will remain in effect.  The GAWA% and the GAWA will continue to be determined or re-determined based on the youngest Covered Life’s attained age (or the age he or she would have attained).  The surviving Covered Life will be able to take annual withdrawals equal to the GAWA for the rest of his or her life, provided that the withdrawals are taken prior to the Latest Income Date.
¨    
The surviving spouse who is not a Covered Life may continue the Contract and the For Life Guarantee is null and void.  However, the surviving spouse will be entitled to make withdrawals until the GWB is exhausted, provided that the withdrawals are taken prior to the Latest Income Date.
¨    
Your GWB remains $100,000 and your GAWA remains unchanged at the time of continuation.

§  
Notes:
¨    
If your endorsement has a For Life Guarantee that becomes effective after the effective date of the endorsement, your reset date is the Contract Anniversary on or immediately following the date that the youngest Covered Life attains (or would have attained) age 59 1/2.
¨    
Your Bonus Base remains unchanged at the time of continuation.
¨    
Your BDB remains unchanged at the time of continuation.
¨    
Your GMWB Earnings Determination Baseline remains unchanged at the time of continuation.

Example 13 : This example demonstrates how the GWB is re-determined upon application of the Guaranteed Withdrawal Balance Adjustment.

§  
Example 13 a: This example demonstrates what happens if on the GWB Adjustment Date, your GWB is $160,000, your GWB Adjustment is $200,000, and you have taken no withdrawals on or prior to the GWB Adjustment Date:
¨    
Your new GWB is recalculated to equal $200,000, which is the greater of 1) your GWB prior to the application of the GWB Adjustment ($160,000) or 2) the GWB Adjustment ($200,000).

 
§  
Example 13 b: This example demonstrates what happens if on the GWB Adjustment Date, your GWB is $210,000, your GWB Adjustment is $200,000, and you have taken no withdrawals on or prior to the GWB Adjustment Date:
¨    
Your new GWB is recalculated to equal $210,000, which is the greater of 1) your GWB prior to the application of the GWB Adjustment ($210,000) or 2) the GWB Adjustment ($200,000).

§  
Notes:
¨    
The GWB Adjustment provision is terminated on the GWB Adjustment Date after the GWB Adjustment is applied (if any).
¨    
Since you have taken no withdrawals, your GAWA% and GAWA have not yet been determined, thus no adjustment is made to your GAWA.
 
 
D-16

 
 
¨    
No adjustment is made to your Bonus Base since the Bonus Base is not impacted by the GWB Adjustment.
¨    
No adjustment is made to your BDB since the BDB is not impacted by the GWB Adjustment.
¨    
No adjustment is made to your GMWB Earnings Determination Baseline since the GMWB Earnings Determination Baseline is not impacted by the GWB Adjustment.

Example 14 : This example expands on the basic examples at pages 69 and 81 and demonstrates how GMWB values are valued and re-determined at the time of a withdrawal when the Earnings-Sensitive Adjustment increases the permissible withdrawal amount.

§  
Example 14 a: This example demonstrates how the Earnings-Sensitive Adjustment is applied if the GMWB Earnings are in excess of the total withdrawal.  This example assumes that you request a withdrawal that includes the applicable Earnings-Sensitive Adjustment, if any, where at the time of the withdrawal your Contract Value is $118,000, your GWB is $100,000, your GAWA is $5,000, your GMWB Earnings Determination Baseline is $100,000, and the For Life Guarantee is in effect. You have taken no other partial withdrawals during the current Contract Year. Thus, your requested withdrawal amount (before the application of the Earnings-Sensitive Adjustment) is $5,000:
¨    
Your GMWB Earnings are equal to $18,000, which is the greater of zero and your Contract Value less your GMWB Earnings Determination Baseline ($118,000 - $100,000 = $18,000).
¨    
Your MEWAR is equal to $5,000, which is the greater of zero and the Earnings-Sensitive Adjustments thus far in the current Contract Year plus the GAWA less all partial withdrawals thus far in the current Contract Year ($0 + $5,000 - $0 = $5,000).  Since no withdrawals have been taken in the current Contract Year the MEWAR equals the GAWA.
¨    
The Earnings-Sensitive Adjustment is equal to $3,333, which is the lesser of two quantities:
-     
$7,200, which is equal to 40% of the GMWB Earnings (0.40 * $18,000 = $7,200)
-     
$3,333, which is equal to 2/3 of the lesser of the MEWAR and the withdrawal amount prior to the Earnings-Sensitive Adjustment (2/3 * $5,000 = $3,333).
¨    
The total withdrawal amount is equal to $8,333, which is the requested withdrawal amount before the Earnings-Sensitive Adjustment (or your MEWAR) plus the Earnings-Sensitive Adjustment ($5,000 + $3,333 = $8,333).
¨    
Your Contract Value after the withdrawal is equal to $109,667, which is the Contract Value prior to the withdrawal less the total withdrawal amount ($118,000 - $8,333 = $109,667).
¨    
Your GMWB Earnings Determination Baseline after the withdrawal is equal to $100,000, which is the GMWB Earnings Determination Baseline prior to the withdrawal ($100,000) reduced by the amount of the withdrawal in excess of GMWB Earnings ($0, since the withdrawal of $8,333 is less than the GMWB Earnings of $18,000).  Since the GMWB Earnings is in excess of the total withdrawal the GMWB Earnings Determination Baseline is not reduced.
¨    
Your MEWAR after the withdrawal is equal to $0, which is the greater of zero and the Earnings-Sensitive Adjustments thus far in the current Contract Year plus the GAWA less all partial withdrawals thus far in the current Contract Year ($3,333 + $5,000 - $8,333 = 0).
¨    
Your GWB after the withdrawal is equal to $91,667, which is the GWB before the withdrawal less the total partial withdrawal ($100,000 - $8,333 = $91,667). Since the total partial withdrawals for the year do not exceed the total Earnings-Sensitive Adjustments for the current Contract Year ($3,333) plus the GAWA ($5,000), no proportional reduction applies to your GWB for this withdrawal.
¨    
Since the total partial withdrawals for the year do not exceed the total Earnings-Sensitive Adjustments for the current Contract Year ($3,333) plus the GAWA ($5,000), your GAWA is unchanged after the withdrawal.

§  
Example 14 b: This example demonstrates how the Earnings-Sensitive Adjustment is applied if there are no GMWB Earnings in the Contract, i.e. your Contract Value is less than the GMWB Earnings Determination Baseline at the time of your total withdrawal.  This example assumes that you request a withdrawal that includes the applicable Earnings-Sensitive Adjustment, if any, where at the time of the withdrawal your Contract Value is $98,000, your GWB is $100,000, your GAWA is $5,000, your GMWB Earnings Determination Baseline is $100,000, and the For Life Guarantee is in effect. You have taken no other partial withdrawals during the current Contract Year. Thus, your requested withdrawal amount (before the application of the Earnings-Sensitive Adjustment) is $5,000:
¨    
Your GMWB Earnings are equal to $0, which is the greater of zero and your Contract Value less your GMWB Earnings Determination Baseline ($98,000 - $100,000 = -$2,000 which is less than zero).
¨    
Your MEWAR is equal to $5,000, which is the greater of zero and the Earnings-Sensitive Adjustments thus far in the current Contract Year plus the GAWA less all partial withdrawals thus far in the current Contract Year ($0 + $5,000 - $0 = $5,000).  Since no withdrawals have been taken in the current Contract Year the MEWAR equals the GAWA.
¨    
The Earnings-Sensitive Adjustment is equal to $0, which is the lesser of two quantities:
-     
$0, which is equal to 40% of the GMWB Earnings (0.40 * $0 = $0)
-     
$3,333, which is equal to 2/3 of the lesser of the MEWAR and the withdrawal amount prior to the Earnings-Sensitive Adjustment (2/3 * $5,000 = $3,333).
¨    
The total withdrawal amount is equal to $5,000, which is the requested withdrawal amount before the Earnings-Sensitive Adjustment (or your MEWAR) plus the Earnings-Sensitive Adjustment ($5,000 + $0 = $5,000).
¨    
Your Contract Value after the withdrawal is equal to $93,000, which is the Contract Value prior to the withdrawal less the total withdrawal amount ($98,000 - $5,000 = $93,000).
 
 
D-17

 
 
¨    
Your GMWB Earnings Determination Baseline after the withdrawal is equal to $95,000, which is the GMWB Earnings Determination Baseline prior to the withdrawal ($100,000) reduced by the amount of the withdrawal in excess of GMWB Earnings ($5,000 - $0 = $5,000).  Since there are no GMWB Earnings at the time of the withdrawal the GMWB Earnings Determination Baseline is reduced by the total withdrawal amount.
¨    
Your MEWAR after the withdrawal is equal to $0, which is the greater of zero and the Earnings-Sensitive Adjustments thus far in the current Contract Year plus the GAWA less all partial withdrawals thus far in the current Contract Year ($0 + $5,000 - $5,000 = 0).
¨    
Your GWB after the withdrawal is equal to $95,000, which is the GWB before the withdrawal less the total partial withdrawal ($100,000 - $5,000 = $95,000). Since the total partial withdrawals for the year do not exceed the total Earnings-Sensitive Adjustments for the current Contract Year ($0) plus the GAWA ($5,000), no proportional reduction applies to your GWB for this withdrawal.
¨    
Since the total partial withdrawals for the year do not exceed the total Earnings-Sensitive Adjustments for the current Contract Year ($0) plus the GAWA ($5,000), your GAWA is unchanged after the withdrawal.

§  
Example 14 c: This example demonstrates an Excess Withdrawal that results in a re-determination of your GWB and GAWA.  This example assumes that you request a withdrawal for $15,000 where at the time of the withdrawal your Contract Value is $108,000, your GWB is $100,000, your GAWA is $5,000, your GMWB Earnings Determination Baseline is $100,000, and the For Life Guarantee is in effect. You have taken no other partial withdrawals during the current Contract Year.
¨    
Your GMWB Earnings are equal to $8,000, which is the greater of zero and your Contract Value less your GMWB Earnings Determination Baseline ($108,000 - $100,000 = $8,000).
¨    
Your MEWAR is equal to $5,000, which is the greater of zero and the Earnings-Sensitive Adjustments thus far in the current Contract Year plus the GAWA less all partial withdrawals thus far in the current Contract Year ($0 + $5,000 - $0 = $5,000).  Since no withdrawals have been taken in the current Contract Year the MEWAR equals the GAWA.

¨    
Because you specified a withdrawal of exactly $15,000 including the Earnings-Sensitive Adjustment, the amount of the Earnings-Sensitive Adjustment for that withdrawal must be calculated. This requires a couple of steps.

 
First, the Earnings-Sensitive Adjustment that would apply to a withdrawal of the MEWAR is calculated.  This is the maximum Earnings-Sensitive Adjustment that could apply to a withdrawal of any size at that time.  The maximum Earnings-Sensitive Adjustment is equal to $3,200, which is the lesser of two quantities:
 
$3,200, which is equal to 40% of the GMWB Earnings (0.40 * $8,000 = $3,200)
 
$3,333, which is equal to 2/3 of the MEWAR (2/3 * $5,000 = $3,333).

 
Second, your requested withdrawal is compared to the withdrawal of the MEWAR ($5,000) plus the maximum Earnings-Sensitive Adjustment ($3,200).  Your requested withdrawal of $15,000 is greater than $8,200 ($5,000 + $3,200), so your Earnings-Sensitive Adjustment is equal to the maximum Earnings-Sensitive Adjustment ($3,200).

 
Thus, your $15,000 withdrawal has a $3,200 Earnings-Sensitive Adjustment.  Note that the result is the same as if you had requested a withdrawal of $11,800 plus the Earnings-Sensitive Adjustment, since your total withdrawal would also have been $15,000 in that case.

¨    
The total withdrawal amount is equal to $15,000.  Thus, your requested withdrawal exceeds your GAWA plus the Earnings-Sensitive Adjustment.
¨    
Your Contract Value after the withdrawal is equal to $93,000, which is the Contract Value prior to the withdrawal less the total withdrawal amount ($108,000 - $15,000 = $93,000).
¨    
Your GMWB Earnings Determination Baseline after the withdrawal is equal to $93,000, which is the GMWB Earnings Determination Baseline prior to the withdrawal ($100,000) reduced by the amount of the withdrawal in excess of GMWB Earnings ($15,000 - $8,000 = $7,000).  Since a portion of the total withdrawal ($7,000) is in excess of GMWB Earnings, the GMWB Earnings Determination Baseline is reduced by the amount of the withdrawal in excess of GMWB Earnings.
¨    
Your MEWAR after the withdrawal is equal to $0, which is the greater of zero and the Earnings-Sensitive Adjustments thus far in the current Contract Year plus the GAWA less all partial withdrawals thus far in the current Contract Year ($3,200 + $5,000 - $15,000 = -$6,800 which is less than zero).
¨    
Your GWB after the withdrawal is equal to $85,545, which is your GWB reduced dollar-for-dollar for your GAWA plus the Earnings-Sensitive Adjustments in the current Contract Year, then reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA plus the Earnings-Sensitive Adjustments for the current Contract Year [($100,000 - $8,200) * (1 - ($15,000 - $8,200) / ($108,000 - $8,200)) = $85,545].
¨    
Since the total partial withdrawals for the year ($15,000) then exceeds the total Earnings-Sensitive Adjustments for the current Contract Year ($3,200) plus the GAWA ($5,000), your GAWA after the withdrawal is equal to $4,659, which is your current GAWA reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal
 
 
D-18

 
 
that is in excess of the GAWA plus the Earnings-Sensitive Adjustments for the current Contract Year [$5,000*(1-($15,000-$8,200)/($108,000-$8,200))=$4,659].
§  
Notes:
¨    
If your For Life Guarantee is not in effect, your Earnings-Sensitive Adjustment may not exceed the greater of zero or your GWB less the MEWAR.
¨    
If you request a withdrawal of an exact amount (for example, you wish to take a withdrawal from your Contract Value of only your GAWA, and no more), an Earnings-Sensitive Adjustment will still be calculated.  The effect of that Earnings-Sensitive Adjustment will be to potentially allow for an additional amount available for withdrawal during the current Contract Year without incurring proportional reduction of your benefit.  In other words, due to the Earnings-Sensitive Adjustment your GAWA may decrease by less than the total amount of Contract Value withdrawn.

IV.      LIFEGUARD FREEDOM FLEX

Unless otherwise specified, the following examples apply to and assume you elected LifeGuard Freedom Flex GMWB (referred to below as a GMWB) when you purchased your Contract, no other optional benefits other than Contract Enhancement that could be elected, your initial Premium payment net of any applicable Premium taxes was $100,000, your GAWA is greater than your RMD (if applicable) at the time a withdrawal is requested, all partial withdrawals requested include any applicable charges and no prior partial withdrawals have been made.  The examples assume that your age when the GAWA% is first determined corresponds to a GAWA% of 5%, the Contract Enhancement is 5%, the GMWB elected has a bonus percentage of 7%, and the GMWB and any For Life Guarantee have not been terminated.  If your age at the time the GAWA% is first determined corresponds to a GAWA% other than 5%, the examples will still apply, given that you replace the 5% in each of the GAWA calculations with the appropriate GAWA%.  If you elected a GMWB with a bonus percentage other than 7%, the examples will still apply if you replace the 7% in each of the bonus calculations with the appropriate bonus percentage for the GMWB you elected. References to the GMWB Death Benefit refer to a death benefit provided by certain GMWB endorsements, but not to any separate death benefit endorsement.

Example 1: This example demonstrates how GMWB values are set at election.  This example applies ONLY if your endorsement was issued on or after 04/29/2013.

§   
Example 1a: If the GMWB is elected at issue:
¨    
Your initial GWB is $100,000, which is your initial Premium payment, net of any applicable Premium taxes.
¨    
Your GAWA is $5,000, which is 5% of your initial GWB ($100,000*0.05 = $5,000).

§   
Example 1b: If the GMWB is elected after issue (subject to availability) when the Contract Value is $105,000 and your Contract includes a Contract Enhancement with a total Recapture Charge of $5,000 at the time the GMWB is elected:
¨    
Your initial GWB is $100,000, which is your Contract Value ($105,000) less the Recapture Charge ($5,000) on the effective date of the endorsement.
¨    
Your GAWA is $5,000, which is 5% of your initial GWB ($100,000*0.05 = $5,000).

§   
Notes:
¨    
Your initial Benefit Determination Baseline (BDB) is set equal to your initial Premium payment , net of any applicable Premium taxes, if the endorsement is elected at issue or your Contract Value less any applicable Recapture Charge if the endorsement is elected after issuance of the Contract (subject to availability) .
¨    
Your initial Bonus Base is set equal to your GWB at the time of election.
¨    
Your initial 200% GWB Adjustment is set equal to 200% times your initial GWB.
¨    
If your endorsement includes a GMWB Death Benefit provision, your initial GMWB Death Benefit is set equal to your initial GWB.

Example 2 : This example demonstrates how GMWB values are set at election.   This example applies ONLY if your endorsement was issued before 04/29/2013.

§  
Example 2 a: If the GMWB is elected at issue:
¨    
Your initial GWB is $ 105,000 , which is your initial Premium payment, net of any applicable Premium taxes ($100,000) , plus any Contract Enhancement ($100,000*0.05=$5,000) .
¨    
Your GAWA is $ 5,250 , which is 5% of your initial GWB ($ 105,000 *0.05 = $ 5,250 ).

§  
Example 2 b: If the GMWB is added after issue (subject to availability) when the Contract Value is $105,000:
¨    
Your initial GWB is $105,000, which is your Contract Value on the effective date of the endorsement.
¨    
Your GAWA is $5,250, which is 5% of your initial GWB ($105,000*0.05 = $5,250).

§  
Notes:
 
 
D-19

 
 
¨    
Your initial Benefit Determination Baseline (BDB) is set equal to your initial Premium payment, net of any applicable Premium taxes, plus any Contract Enhancement, if the endorsement is elected at issue or your Contract Value if the endorsement is elected after issuance of the Contract, subject to availability.
¨    
Your initial Bonus Base is set equal to your GWB at the time of election.
¨    
Your initial GWB Adjustment is set equal to 200% times your initial GWB.
¨    
If your endorsement includes a GMWB Death Benefit provision, your initial GMWB Death Benefit is set equal to your initial GWB.

Example 3 : This example demonstrates how your GAWA% is determined.  Your GAWA% is determined on the earlier of the time of your first withdrawal, the date that your Contract Value reduces to zero, the date that the GMWB is continued by a spousal Beneficiary who is not a Covered Life, or upon election of the Life Income of a GMWB Income Option.  Your GAWA% is set based upon your attained age at that time.  Your initial GAWA is determined based on this GAWA% and the GWB at that time.

§  
If, at the time the GAWA% is determined, your GAWA% is 5% based on your attained age and your GWB is $100,000, your initial GAWA is $5,000, which is your GAWA% multiplied by your GWB at that time ($100,000 * 0.05 = $5,000).
§  
Your GAWA% will be re-determined based on your attained age if your Contract Value (as determined based on either the Contract Anniversary Value or the Highest Quarterly Contract Value, as applicable) at the time of a step-up is greater than the BDB.

Example 4: This example demonstrates how upon payment of a subsequent Premium, GMWB values may be re-determined. This example applies ONLY if your endorsement was issued on or after 04/29/2013.

§   
Example 4a: This example demonstrates what happens if you make an additional Premium payment, net of applicable premium taxes, of $50,000, and your GWB is $100,000 at the time of payment:
¨    
Your new GWB is $150,000, which is your GWB prior to the additional Premium payment ($100,000) plus your additional Premium payment, net of any applicable Premium taxes ($50,000).  Your GWB is subject to a maximum of $5,000,000 (see Example 4b).
¨    
Your GAWA is $7,500, which is your GAWA prior to the additional Premium payment ($5,000) plus 5% of your additional Premium payment, net of any applicable Premium taxes ($50,000*0.05 = $2,500).

§   
Example 4b: This example demonstrates how GWB and GAWA are affected by the GWB $5,000,000 maximum, upon payment of a subsequent Premium.  If you make an additional Premium payment, net of any applicable Premium taxes, of $100,000 and your GWB is $4,950,000 and your GAWA is $247,500 at the time of payment:
¨    
Your new GWB is $5,000,000, which is the maximum, since your GWB prior to the additional Premium payment ($4,950,000) plus your additional Premium payment, net of any applicable Premium taxes ($100,000) exceeds the maximum of $5,000,000.
¨    
Your GAWA is $250,000, which is your GAWA prior to the additional Premium payment ($247,500) plus 5% of the allowable $50,000 increase in your GWB (($5,000,000 - $4,950,000)*0.05 = $2,500).

§   
Notes:
¨    
Your GAWA is recalculated upon payment of an additional Premium (as described above) only if such payment occurs after your GAWA% has been determined.
¨    
Your BDB is increased by the Premium payment, net of any applicable Premium taxes.  The BDB is not subject to a maximum of $5,000,000.
¨    
Your Bonus Base is increased by the Premium payment, net of any applicable Premium taxes, subject to a maximum of $5,000,000.
¨    
If the Premium payment occurs prior to the first Contract Anniversary following the effective date of the endorsement, your 200% GWB Adjustment is increased by the Premium payment, net of any applicable Premium taxes, times 200%, subject to a maximum of $5,000,000.  For example, if, as in Example 4a, you make an additional Premium payment, net of any applicable Premium taxes, of $50,000 prior to your first Contract Anniversary following the effective date of the endorsement, and your 200% GWB Adjustment value before the additional Premium payment is $200,000, then the 200% GWB Adjustment is increased by 200% of the additional Premium payment, net of any applicable Premium taxes.  The resulting 200% GWB Adjustment is $200,000 + $100,000 = $300,000.
¨    
If the Premium payment occurs on or after the first Contract Anniversary following the effective date of the endorsement, your 200% GWB Adjustment is increased by the Premium payment, net of any applicable Premium taxes, subject to a maximum of $5,000,000.  For example, if you make an additional Premium payment, net of any applicable Premium taxes, of $50,000 after your first Contract Anniversary following the effective date of the endorsement, and your 200% GWB Adjustment value before the additional Premium payment is $200,000, then the 200% GWB Adjustment is increased by 100% of the additional Premium payment, net of any applicable Premium taxes.  The resulting 200% GWB Adjustment is $200,000 + $50,000 = $250,000.
 
 
D-20

 
 
¨    
If your endorsement includes a GMWB Death Benefit provision, your GMWB Death Benefit is increased by the Premium payment, net of any applicable Premium taxes, subject to a maximum of $5,000,000.

Example 5 : This example demonstrates how upon payment of a subsequent Premium, GMWB values may be re-determined.   This example applies ONLY if your endorsement was issued before 04/29/2013.

§  
Example 5 a: This example demonstrates what happens if you make an additional Premium payment, net of any applicable Premium taxes, of $50,000 and your GWB is $100,000 at the time of payment , and your Contract includes a Contract Enhancement provision which provides $2,500 to your Contract :
¨    
Your new GWB is $ 152,500 , which is your GWB prior to the additional Premium payment ($100,000) plus your additional Premium payment, net of any applicable Premium taxes ($50,000) , plus any Contract Enhancement ($2,500) .  Your GWB is subject to a maximum of $5,000,000 (see Example 5 b).
¨    
Your GAWA is $ 7,625 , which is your GAWA prior to the additional Premium payment ($5,000) plus 5% of your additional Premium payment, net of any applicable Premium taxes, plus any Contract Enhancement ( ( $50,000 +$2,500) *0.05 = $ 2,625 ).

§  
Example 5 b: This example demonstrates how GWB and GAWA are affected by the GWB $5,000,000 maximum, upon payment of a subsequent Premium.  If you make an additional Premium payment, net of any applicable Premium taxes, plus any Contract Enhancement of $100,000 and your GWB is $4,950,000 and your GAWA is $247,500 at the time of payment:
¨    
Your new GWB is $5,000,000, which is the maximum, since your GWB prior to the additional Premium payment ($4,950,000) plus your additional Premium payment, net of any applicable Premium taxes, plus any Contract Enhancement ($100,000) exceeds the maximum of $5,000,000.
¨    
Your GAWA is $250,000, which is your GAWA prior to the additional Premium payment ($247,500) plus 5% of the allowable $50,000 increase in your GWB (($5,000,000 - $4,950,000)*0.05 = $2,500).

§  
Notes:
¨    
Your GAWA is recalculated upon payment of an additional Premium (as described above) only if such payment occurs after your GAWA% has been determined.
¨    
Your BDB is increased by the Premium payment, net of any applicable Premium taxes, plus any Contract Enhancement.  The BDB is not subject to a maximum of $5,000,000.
¨    
Your Bonus Base is increased by the Premium payment, net of any applicable Premium taxes, plus any Contract Enhancement, subject to a maximum of $5,000,000.
¨    
If the Premium payment occurs prior to the first Contract Anniversary following the effective date of the endorsement, your GWB Adjustment is increased by the Premium payment, net of any applicable Premium taxes, plus any Contract Enhancement times 200%, subject to a maximum of $5,000,000.  For example, if, as in Example 5 a, you make an additional Premium payment, net of any applicable Premium taxes, plus any Contract Enhancement of $ 52,500 prior to your first Contract Anniversary following the effective date of the endorsement, and your GWB Adjustment value before the additional Premium payment is $200,000, then the GWB Adjustment is increased by 200% of the additional Premium payment, net of any applicable Premium taxes, plus any Contract Enhancement.  The resulting GWB Adjustment is $200,000 + $ 105,000 = $ 305,000 .
¨    
If the Premium payment occurs on or after the first Contract Anniversary following the effective date of the endorsement, your GWB Adjustment is increased by the Premium payment, net of any applicable Premium taxes, plus any Contract Enhancement, subject to a maximum of $5,000,000.  For example, if you make an additional Premium payment, net of any applicable Premium taxes, plus any Contract Enhancement of $ 52,500 after your first Contract Anniversary following the effective date of the endorsement, and your GWB Adjustment value before the additional Premium payment is $200,000, then the GWB Adjustment is increased by 100% of the additional Premium payment, net of any applicable Premium taxes, plus any Contract Enhancement.  The resulting GWB Adjustment is $200,000 + $ 52,500 = $ 252,500 .
¨    
If your endorsement includes a GMWB Death Benefit provision, your GMWB Death Benefit is increased by the Premium payment, net of any applicable Premium taxes, plus any Contract Enhancement, subject to a maximum of $5,000,000.

Example 6 : This example demonstrates how GMWB values are re-determined upon withdrawal of the guaranteed amount (which is your GAWA, or for certain tax-qualified Contracts only, the RMD (if greater than the GAWA)).

§  
Example 6 a: This example demonstrates what happens if you withdraw an amount equal to your GAWA ($5,000) when your GWB is $100,000:
¨    
Your new GWB is $95,000, which is your GWB prior to the withdrawal ($100,000) less the amount of the withdrawal ($5,000).
¨    
Your GAWA for the next year remains $5,000, since you did not withdraw an amount that exceeds your GAWA.
¨    
If you continued to take annual withdrawals equal to your GAWA, it would take an additional 19 years to deplete your GWB ($95,000 / $5,000 per year = 19 years), provided that there are no further adjustments made to your GWB or your
 
 
D-21

 
 
GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.  However, if the For Life Guarantee is in effect, withdrawals equal to your GAWA could continue for the rest of your life (or in the case of Joint Owners, until the death of any Owner or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), even beyond 19 years, provided that the withdrawals are taken prior to the Latest Income Date.
§  
Example 6 b: This example demonstrates what happens if you withdraw an amount equal to your RMD ($7,500), which is greater than your GAWA ($5,000) when your GWB is $100,000 and the RMD provision is in effect for your endorsement:
¨    
Your new GWB is $92,500, which is your GWB prior to the withdrawal ($100,000) less the amount of the withdrawal ($7,500).
¨    
Your GAWA for the next year remains $5,000, since your withdrawal did not exceed the greater of your GAWA ($5,000) or your RMD ($7,500).
¨    
If you continued to take annual withdrawals equal to your initial and unchanged RMD ($7,500), it would take approximately an additional 12 years to deplete your GWB ($92,500 / $7,500 per year = approximately 12 years), provided that there are no further adjustments made to your GWB or your RMD (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.  However, if the For Life Guarantee is in effect, withdrawals equal to your RMD could continue for the rest of your life (or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), even beyond 12  years, provided that the withdrawals are taken prior to the Latest Income Date.

§  
Notes:
¨    
Your BDB remains unchanged since the BDB is not adjusted for partial withdrawals.
¨    
Your Bonus Base remains unchanged since the withdrawal did not exceed the guaranteed amount; however, no Bonus will be applied to your GWB at the end of the Contract Year in which the withdrawal is taken.
¨    
Your GWB Adjustment provision is terminated since a withdrawal is taken.
¨    
If your endorsement includes a GMWB Death Benefit provision, your GMWB Death Benefit will be reduced by the amount of the withdrawal.
¨    
If the For Life Guarantee is not in effect, and if your GWB falls below your GAWA at the end of your Contract Year, your GAWA will be adjusted to equal your GWB.
¨    
Withdrawals taken in connection with a GMWB are considered the same as any other withdrawal for the purpose of determining all other values under the Contract.

Example 7 : This example demonstrates how GMWB values are re-determined upon withdrawal of an amount that exceeds your guaranteed amount (as defined in Example 6 ).

§  
Example 7 a: This example demonstrates what happens if you withdraw an amount ($10,000) that exceeds your GAWA ($5,000) when your Contract Value is $130,000 and your GWB is $100,000:
¨    
Your new GWB is $91,200, which is your GWB, first reduced dollar-for-dollar for any portion of the partial withdrawal not defined as an Excess Withdrawal (see below), then reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal [($100,000 - $5,000)*(1 - ($10,000 - $5,000) / ($130,000 - $5,000)) = $91,200].
¨    
Your GAWA is recalculated to equal $4,800, which is your current GAWA reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [$5,000 * (1 - ($10,000 - $5,000) / ($130,000 - $5,000)) = $4,800].  If you continued to take annual withdrawals equal to your GAWA, it would take an additional 19 years to deplete your GWB ($91,200 / $4,800 per year = 19 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.  However, if your For Life Guarantee is in effect, withdrawals equal to your GAWA could continue for the rest of your life (or in the case of Joint Owners, until the any death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), even beyond 19 years, provided that the withdrawals are taken prior to the Latest Income Date.

§  
Example 7 b: This example demonstrates what happens if you withdraw an amount ($10,000) that exceeds your GAWA ($5,000) when your Contract Value is $105,000 and your GWB is $100,000:
¨    
Your new GWB is $90,250, which is your GWB, first reduced dollar-for-dollar for any portion of the partial withdrawal not defined as an Excess Withdrawal (see below), then reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal [($100,000 - $5,000)*(1 - ($10,000 - $5,000) / ($105,000 - $5,000)) = $90,250].
¨    
Your GAWA is recalculated to equal $4,750, which is your current GAWA reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [$5,000 * (1 - ($10,000 - $5,000)/($105,000 - $5,000)) = $4,750].  If you continued to take annual withdrawals equal to your GAWA, it would take an additional 19 years to deplete your GWB ($90,250 / $4,750 per year = 19 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.  However, if your For Life Guarantee is in
 
 
D-22

 

effect, withdrawals equal to your GAWA could continue for the rest of your life (or in the case of Joint Owners, until the first death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), even beyond 19 years, provided that the withdrawals are taken prior to the Latest Income Date.
 
§  
Example 7 c: This example demonstrates what happens if you withdraw an amount ($10,000) that exceeds your GAWA ($5,000) when your Contract Value is $55,000 and your GWB is $100,000:
¨    
Your new GWB is $85,500, which is your GWB, first reduced dollar-for-dollar for any portion of the partial withdrawal not defined as an Excess Withdrawal (see below), then reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal [($100,000 - $5,000) * (1 - ($10,000 - $5,000) / ($55,000 - $5,000)) = $85,500].
¨    
Your GAWA is recalculated to equal $4,500, which is your current GAWA reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [$5,000*(1-($10,000-$5,000)/($55,000 - $5,000))=$4,500].  If you continued to take annual withdrawals equal to your GAWA, it would take an additional 19 years to deplete your GWB ($85,500 / $4,500 per year = 19 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.  However, if your For Life Guarantee is in effect, withdrawals equal to your GAWA could continue for the rest of your life (or in the case of Joint Owners, until the first death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), even beyond 19 years, provided that the withdrawals are taken prior to the Latest Income Date.

§  
Notes:
¨    
Your BDB remains unchanged since the BDB is not adjusted for partial withdrawals.
¨    
Your Bonus Base is recalculated to equal the lesser of 1) your Bonus Base prior to the withdrawal or 2) your GWB following the withdrawal.  In addition, no Bonus will be applied to your GWB at the end of the Contract Year in which the withdrawal is taken.
¨    
Your GWB Adjustment provision is terminated since a withdrawal is taken.
¨    
If your endorsement includes a GMWB Death Benefit provision, your GMWB Death Benefit will first be reduced dollar-for-dollar for any portion of the withdrawal not defined as an Excess Withdrawal, then be reduced in the same proportion that the Contract Value is reduced by the Excess Withdrawal.
¨     
If the For Life Guarantee is not in effect, and if your GWB falls below your GAWA at the end of your Contract Year, your GAWA will be adjusted to equal your GWB.
¨    
The Excess Withdrawal is defined to be the lesser of the total amount of the current partial withdrawal, or the amount by which the cumulative partial withdrawals for the current Contract Year exceeds the greater of the GAWA or the RMD, as applicable.
¨    
Withdrawals taken in connection with a GMWB are considered the same as any other withdrawal for the purpose of determining all other values under the Contract.  In the case where your minimum death benefit is reduced proportionately for withdrawals, your death benefit may be reduced by more than the amount of the withdrawal.

Example 8 : This example illustrates how GMWB values are re-determined upon automatic step-up.

§  
Example 8 a: This example demonstrates what happens if at the time of step-up your Contract Value (as determined based on either the Contract Anniversary Value or the Highest Quarterly Contract Value, as applicable) is $200,000, your GWB is $90,000, and your GAWA is $5,000:
¨    
Your new GWB is recalculated to equal $200,000, which is equal to your Contract Value (as determined based on either the Contract Anniversary Value or the Highest Quarterly Contract Value, as applicable).
¨    
If the step-up occurs after the initial determination of your GAWA%, the GAWA% will be re-determined based on your attained age (or the youngest Covered Life's attained age if your endorsement is a For Life GMWB with Joint Option) if your Contract Value (as determined based on either the Contract Anniversary Value or the Highest Quarterly Contract Value, as applicable) at the time of the step-up is greater than your BDB.
-     
If, in the example above, your BDB is $100,000 and the GAWA% at the applicable attained age is 6%:
·     
Your GAWA% is set to 6%, since your Contract Value (as determined based on either the Contract Anniversary Value or the Highest Quarterly Contract Value, as applicable) ($200,000) is greater than your BDB ($100,000).
·     
Your GAWA is equal to $12,000, which is your new GWB multiplied by your new GAWA% ($200,000 * 0.06 = $12,000).
·     
Your BDB is recalculated to equal $200,000, which is the greater of 1) your BDB prior to the step-up ($100,000) or 2) your Contract Value (as determined based on either the Contract Anniversary Value or the Highest Quarterly Contract Value, as applicable) at the time of step-up ($200,000).
¨    
If your Bonus Base is $100,000 just prior to the step-up, your Bonus Base is recalculated to equal $200,000, which is the greater of 1) your Bonus Base prior to the step-up ($100,000) or 2) your GWB following the step-up ($200,000).
 
 
D-23

 
 
 
-
If you have not passed your Contract Anniversary immediately following your 80th birthday (or the youngest Covered Life's 80th birthday if your endorsement is a For Life GMWB with Joint Option), your Bonus Period will re-start since your Bonus Base has been increased due to the step-up.

§  
Example 8 b: This example demonstrates what happens if at the time of step-up your Contract Value (as determined based on either the Contract Anniversary Value or the Highest Quarterly Contract Value, as applicable) is $90,000, your GWB is $80,000, and your GAWA is $5,000:
¨     
Your new GWB is recalculated to equal $90,000, which is equal to your Contract Value (as determined based on either the Contract Anniversary Value or the Highest Quarterly Contract Value, as applicable).
¨     
Your GAWA for the next year remains $5,000, which is the greater of 1) your GAWA prior to the step-up ($5,000) or 2) 5% of your new GWB ($90,000*0.05 = $4,500).
-     
After step-up, if you continued to take annual withdrawals equal to your GAWA, it would take an additional 18 years to deplete your GWB ($90,000 / $5,000 per year = 18 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.  However, if the For Life Guarantee is in effect, withdrawals equal to your GAWA could continue for the rest of your life (or in the case of Joint Owners, until the first death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), even beyond 18 years, provided that the withdrawals are taken prior to the Latest Income Date.
¨    
If the step-up occurs after the initial determination of your GAWA%, the GAWA% will be re-determined based on your attained age (or the youngest Covered Life's attained age if your endorsement is a For Life GMWB with Joint Option) if your Contract Value (as determined based on either the Contract Anniversary Value or the Highest Quarterly Contract Value, as applicable) is greater than your BDB.  However, in this case, it is assumed BDB is $100,000.   See examples 1, 2, 4, and 5 for a description of how the BDB is determined.   Your BDB remains $100,000, which is the greater of 1) your BDB prior to the step-up ($100,000) or 2) your Contract Value (as determined based on either the Contract Anniversary Value or the Highest Quarterly Contract Value, as applicable) at the time of step-up ($90,000).   Because the BDB did not increase upon step-up, this is not an opportunity for a redetermination of the GAWA%.  Your GAWA for the next year remains $5,000, which is the greater of 1) your GAWA prior to the step-up ($5,000) or 2) 5% of your new GWB ($90,000*0.05 = $4,500).
¨    
If your Bonus Base is $100,000 just prior to the step-up, your Bonus Base remains $100,000, which is the greater of 1) your Bonus Base prior to the step-up ($100,000) or 2) your GWB following the step-up ($90,000).
 
-
Though this endorsement allows for the Bonus Period to re-start, your Bonus Period will not re-start since your Bonus Base has not been increased due to the step-up.

§  
Notes:
¨     
The Company may increase the GMWB charge upon step-up. You will have an opportunity to discontinue the automatic step-ups and avoid the potential increase in charge due to step-up. You should carefully consider this decision and consult your representative.
¨     
Your GWB will only step-up to the Contract Value (as determined based on either the Contract Anniversary Value or the Highest Quarterly Contract Value, as applicable) if the Contract Value is greater than your GWB at the time of the automatic step-up.
¨    
Your Bonus Base will be re-determined only if your GWB is increased upon step-up to a value above your Bonus Base just prior to the step-up.
¨    
Your GAWA is recalculated upon step-up (as described above) only if the step-up occurs after your GAWA% has been determined.
¨    
Your GWB Adjustment remains unchanged since step-ups do not impact the GWB Adjustment.
¨     
If your endorsement contains a GMWB Death Benefit provision, your GMWB Death Benefit remains unchanged since step-ups do not impact the GMWB Death Benefit.
¨     
If your endorsement was issued on or after 04/29/2013   and if your endorsement bases step-ups on the highest quarterly Contract Value, the highest quarterly Contract Value is equal to the highest of the quarterly adjusted Contract Values from the four most recent Contract Quarterly Anniversaries, including the Contract Anniversary upon which the step-up is determined. The quarterly adjusted Contract Value is equal to the Contract Value on the Contract Quarterly Anniversary, plus any Premium paid subsequent to that Contract Quarterly Anniversary, net of any applicable Premium taxes, adjusted for any partial withdrawals taken subsequent to that Contract Quarterly Anniversary.
¨     
If your endorsement was issued before 04/29/2013 and if your endorsement bases step-ups on the Highest Quarterly Contract Value, the Highest Quarterly Contract Value is equal to the highest of the quarterly adjusted Contract Values from the four most recent Contract Quarterly Anniversaries, including the Contract Anniversary upon which the step-up is determined. The quarterly adjusted Contract Value is equal to the Contract Value on the Contract Quarterly Anniversary, plus any Premium paid subsequent to that Contract Quarterly Anniversary, net of any applicable Premium taxes, plus any Contract Enhancement, adjusted for any partial withdrawals taken subsequent to that Contract Quarterly Anniversary.
 
 
D-24

 
 
Example 9 : This example demonstrates how the timing of a withdrawal request interacts with the timing of the step-up provision to impact re-determination of GMWB values.

§  
Example 9 a: This example demonstrates what happens if prior to any transactions your Contract Value (as determined based on either the Contract Anniversary Value or the Highest Quarterly Contract Value, as applicable) is $200,000, your GAWA is $5,000, your GWB is $100,000, your GWB is due to step-up automatically, and you also wish to take a withdrawal of an amount equal to $5,000:
¨    
If you request the withdrawal the day after the step-up, upon step-up, your GWB is set equal to $200,000, which is your Contract Value (as determined based on either the Contract Anniversary Value or the Highest Quarterly Contract Value, as applicable).  At that time, your GAWA is equal to $10,000, which is 5% of your new GWB ($200,000*0.05 = $10,000).  On the day following the step-up and after the withdrawal of $5,000, your new GWB is $195,000, which is your GWB less the amount of the withdrawal ($200,000 - $5,000 = $195,000) and your GAWA will remain at $10,000 since the amount of the withdrawal does not exceed your GAWA.  If you continued to take annual withdrawals equal to your GAWA, it would take approximately an additional 20 years to deplete your GWB ($195,000 / $10,000 per year = approximately 20 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.  However, if the For Life Guarantee is in effect, withdrawals equal to your GAWA could continue for the rest of your life (or in the case of Joint Owners, until the first death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), even beyond 20 years, provided that the withdrawals are taken prior to the Latest Income Date.
-     
If your Bonus Base is $100,000 just prior to the step-up, at the time of step-up, your Bonus Base is recalculated and is equal to $200,000, which is the greater of 1) your Bonus Base prior to the step-up ($100,000) or 2) your GWB following the step-up ($200,000).  Your Bonus Base is not adjusted upon withdrawal since the amount of the withdrawal does not exceed your GAWA.
-     
If you have not passed the Contract Anniversary immediately following your 80th birthday (or the youngest Covered Life's 80th birthday if your endorsement is a For Life GMWB with Joint Option), your Bonus Period will re-start since your Bonus Base has been increased due to the step-up.
-     
If your BDB is $100,000 just prior to the step-up, then at the time of step-up, your BDB is recalculated and is equal to $200,000, which is the greater of 1) your BDB prior to the step-up ($100,000) or 2) your Contract Value (as determined based on either the Contract Anniversary Value or the Highest Quarterly Contract Value, as applicable) at the time of step-up ($200,000).  Your BDB is not adjusted upon withdrawal since the BDB is not reduced for partial withdrawals.
¨    
 If you request the withdrawal prior to the step-up, immediately following the withdrawal transaction, your new GWB is $95,000, which is your GWB less the amount of the withdrawal ($100,000 - $5,000 = $95,000) and your Contract Value (as determined based on either the Contract Anniversary Value or the Highest Quarterly Contract Value, as applicable) becomes $195,000, which is your Contract Value (as determined based on either the Contract Anniversary Value or the Highest Quarterly Contract Value, as applicable) prior to the withdrawal less the amount of the withdrawal ($200,000 - $5,000 = $195,000).  Upon step-up following the withdrawal, your GWB is set equal to $195,000, which is your Contract Value (as determined based on either the Contract Anniversary Value or the Highest Quarterly Contract Value, as applicable).  At that time, your GAWA is recalculated and is equal to $9,750, which is the greater of 1) your GAWA prior to the step-up ($5,000) or 2) 5% of your new GWB ($195,000*0.05 = $9,750).  If you continued to take annual withdrawals equal to your GAWA, it would take an additional 20 years to deplete your GWB ($195,000 / $9,750 per year = 20 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.  However, if the For Life Guarantee is in effect, withdrawals equal to your GAWA could continue for the rest of your life (or in the case of Joint Owners, until the first death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), even beyond 20 years, provided that the withdrawals are taken prior to the Latest Income Date.
-     
If your Bonus Base is $100,000 just prior to the withdrawal, then at the time of the withdrawal, your Bonus Base is not adjusted since the amount of the withdrawal does not exceed your GAWA.  At the time of step-up, your Bonus Base is recalculated and is equal to $195,000, which is the greater of 1) your Bonus Base prior to the step-up ($100,000) or 2) your GWB following the step-up ($195,000).
-     
If you have not passed the Contract Anniversary immediately following your 80th birthday (or the youngest Covered Life's 80th birthday if your endorsement is a For Life GMWB with Joint Option), your Bonus Period will re-start since your Bonus Base has been increased due to the step-up.
-     
If your BDB is $100,000 just prior to the withdrawal, then at the time of the withdrawal, your BDB is not adjusted since the BDB is not reduced for partial withdrawals.  At the time of step-up, your BDB is recalculated and is equal to $195,000, which is the greater of 1) your BDB prior to the step-up ($100,000) or 2) your Contract Value (as determined based on either the Contract Anniversary Value or the Highest Quarterly Contract Value, as applicable) at the time of step-up ($195,000).

§  
Notes:
 
 
D-25

 
 
¨   
As the example illustrates, when considering a request for a withdrawal at or near the same time as application of a step-up, the order of the two transactions may impact your GAWA.
-     
If the step-up would result in an increase in your GAWA and the requested withdrawal is less than or equal to your new GAWA, your GAWA resulting after the two transactions would be greater if the withdrawal is requested after the step-up is applied.
-     
If the step-up would result in an increase in your GAWA, and the withdrawal requested is greater than your new GAWA, your GAWA resulting after the two transactions would be greater if the withdrawal is requested after the step-up is applied.
 
-
Otherwise, your GAWA resulting from the transactions is the same regardless of the order of transactions.
¨    
This example would also apply in situations when the withdrawal exceeded your GAWA but not your permissible RMD.
¨   
Your Bonus Base will be re-determined only if your GWB is increased upon step-up to a value above your Bonus Base just prior to the step-up.
¨    
The GAWA% is determined at the time of the withdrawal (if not previously determined).
 
-
The GAWA% is re-determined upon step-up if your Contract Value (as determined based on either the Contract Anniversary Value or the Highest Quarterly Contract Value, as applicable) is greater than your BDB.
¨    
Your GWB Adjustment provision is terminated at the time of the withdrawal.
¨     
If your endorsement contains a GMWB Death Benefit provision, the GMWB Death Benefit would not be adjusted for the step-up since step-ups do not impact the GMWB Death Benefit, but your GMWB Death Benefit may be reduced for the withdrawal.
¨     
If your endorsement was issued on or after 04/29/2013   and if your endorsement bases step-ups on the highest quarterly Contract Value, the highest quarterly Contract Value is equal to the highest of the quarterly adjusted Contract Values from the four most recent Contract Quarterly Anniversaries, including the Contract Anniversary upon which the step-up is determined. The quarterly adjusted Contract Value is equal to the Contract Value on the Contract Quarterly Anniversary, plus any Premium paid subsequent to that Contract Quarterly Anniversary, net of any applicable Premium taxes, adjusted for any partial withdrawals taken subsequent to that Contract Quarterly Anniversary.
¨   
If your endorsement was issued before 04/29/2013 and if your endorsement bases step-ups on the Highest Quarterly Contract Value, the Highest Quarterly Contract Value is equal to the highest of the quarterly adjusted Contract Values from the four most recent Contract Quarterly Anniversaries, including the Contract Anniversary upon which the step-up is determined. The quarterly adjusted Contract Value is equal to the Contract Value on the Contract Quarterly Anniversary, plus any Premium paid subsequent to that Contract Quarterly Anniversary, net of any applicable Premium taxes, plus any Contract Enhancement, adjusted for any partial withdrawals taken subsequent to that Contract Quarterly Anniversary.
¨   
If the For Life Guarantee is not in effect, and if your GWB falls below your GAWA at the end of your Contract Year, your GAWA will be adjusted to equal your GWB.
¨   
Withdrawals taken in connection with a GMWB are considered the same as any other withdrawal for the purpose of determining all other values under the Contract.  In the case where a minimum death benefit is reduced proportionately for withdrawals, the death benefit may be reduced by more than the amount of the withdrawal.

Example 10 : This example illustrates how GMWB values are re-determined upon application of the Bonus applied to your GWB.

§  
Example 10 a: This example demonstrates what happens if at the end of a Contract Year in which you have taken no withdrawals, your GWB is $100,000, your Bonus Base is $100,000, and your GAWA is $5,000:
¨    
Your new GWB is recalculated to equal $107,000, which is equal to your GWB plus 7% of your Bonus Base ($100,000 + $100,000*0.07 = $107,000).
¨    
Your GAWA for the next year is equal $5,350, which is 5% of your new GWB ($107,000*0.05 = $5,350).
¨    
After the application of the Bonus, if you continued to take annual withdrawals equal to your GAWA, it would take approximately an additional 20 years to deplete your GWB ($107,000 / $5,350 per year = approximately 20 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.  However, if the For Life Guarantee is in effect, withdrawals equal to your GAWA could continue for the rest of your life (or in the case of Joint Owners, until the first death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), even beyond 20 years, provided that the withdrawals are taken prior to the Latest Income Date.

§  
Example 10 b: This example demonstrates what happens if at the end of a Contract Year in which you have taken no withdrawals, your GWB is $90,000, your Bonus Base is $100,000, and your GAWA is $5,000:
¨    
Your new GWB is recalculated to equal $97,000, which is equal to your GWB plus 7% of your Bonus Base ($90,000 + $100,000*0.07 = $97,000).
¨    
Your GAWA for the next year remains $5,000, which is the greater of 1) your GAWA prior to the application of the Bonus ($5,000) or 2) 5% of your new GWB ($97,000*0.05 = $4,850).
 
 
D-26

 
 
¨    
After the application of the Bonus, if you continued to take annual withdrawals equal to your GAWA, it would take approximately an additional 20 years to deplete your GWB ($97,000 / $5,000 per year = approximately 20 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.  However, if the For Life Guarantee is in effect, withdrawals equal to your GAWA could continue for the rest of your life (or in the case of Joint Owners, until the first death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), even beyond 20 years, provided that the withdrawals are taken prior to the Latest Income Date.

§  
Notes:
¨    
Your Bonus Base is not recalculated upon the application of the Bonus to your GWB.
¨    
Your GAWA is recalculated upon the application of the Bonus (as described above) only if the application of the Bonus occurs after your GAWA% has been determined.
¨    
Your BDB remains unchanged since the BDB is not impacted by the application of the Bonus.
¨    
 Your GWB Adjustment remains unchanged since the GWB Adjustment is not impacted by the application of the Bonus.
¨    
If your endorsement includes a GMWB Death Benefit provision, your GMWB Death Benefit remains unchanged since the GMWB Death Benefit is not impacted by the application of the Bonus.
¨    
If the For Life Guarantee is not in effect, and if your GWB falls below your GAWA at the end of your Contract Year, your GAWA will be adjusted to equal your GWB.

Example 11 : This example illustrates how the GAWA is re-determined when the For Life Guarantee for the LifeGuard Freedom Flex and the LifeGuard Freedom Flex with Joint Option becomes effective after the effective date of the endorsement at age 59 1/2.  At the time the For Life Guarantee becomes effective, your GAWA is re-determined.  (This example only applies if your endorsement is a For Life GMWB that contains a For Life Guarantee that becomes effective after the effective date of the endorsement.)

§  
Example 11 a: This example demonstrates what happens if on the date the For Life Guarantee becomes effective, your Contract Value is $30,000, your GWB is $50,000, and your GAWA is $5,000:
¨    
Your GAWA for the next year is recalculated to equal $2,500, which is equal to 5% of the current GWB ($50,000*0.05 = $2,500).
¨    
The For Life Guarantee becomes effective, thus allowing you to make annual withdrawals equal to your GAWA for the rest of your life (or in the case of Joint Owners, until the first death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), provided that the withdrawals are taken prior to the Latest Income Date.  Once the For Life Guarantee becomes effective, it remains in effect until the endorsement is terminated, as described in the Access to Your Money section of this prospectus, or upon continuation of the Contract by the spouse (unless your endorsement is a For Life GMWB with Joint Option and the spouse continuing the Contract is a Covered Life in which case the For Life Guarantee remains in effect upon continuation of the Contract by the spouse).

§  
Example 11 b: This example demonstrates what happens if your Contract Value has fallen to $0 prior to the date the For Life Guarantee becomes effective, your GWB is $50,000 and your GAWA is $5,000:
¨    
You will continue to receive automatic payments of a total annual amount that equals your GAWA until your GWB is depleted.  However, your GAWA would not be permitted to exceed your remaining GWB.  Your GAWA is not recalculated since the Contract Value is $0.
¨    
The For Life Guarantee does not become effective due to the depletion of the Contract Value prior to the effective date of the For Life Guarantee.

§  
Example 11 c: This example demonstrates what happens if on the date the For Life Guarantee becomes effective, your Contract Value is $50,000, your GWB is $0, and your GAWA is $5,000:
¨    
Your GAWA for the next year is recalculated to equal $0, which is equal to 5% of the current GWB ($0*0.05 = $0).
¨    
The For Life Guarantee becomes effective, thus allowing you to make annual withdrawals equal to your GAWA for the rest of your life (or in the case of Joint Owners, until the first death of the Joint Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), provided that the withdrawals are taken prior to the Latest Income Date.  Once the For Life Guarantee becomes effective, it remains in effect until the endorsement is terminated, as described in the Access to Your Money section of this prospectus, or upon continuation of the Contract by the spouse (unless your endorsement is a For Life GMWB with Joint Option and the spouse continuing the Contract is a Covered Life in which case the For Life Guarantee remains in effect upon continuation of the Contract by the spouse).
¨    
Although your GAWA is $0, upon step-up or subsequent Premium payments, your GWB and your GAWA would increase to values greater than $0 and since the For Life Guarantee has become effective, you could withdraw an annual amount equal to your GAWA for the rest of your life (or in the case of Joint Owners, until the first death of the Joint
 
 
D-27

 
 
Owners or until the death of the last surviving Covered Life if your endorsement is a For Life GMWB with Joint Option), provided that the withdrawals are taken prior to the Latest Income Date.
Example 12 : This example illustrates how the For Life Guarantee is affected upon death of the Owner on a For Life GMWB with Joint Option.

§  
This example demonstrates what happens if at the time of the death of the Owner (or either Joint Owner) the Contract Value is $105,000 and your GWB is $100,000:
¨    
If your endorsement has a For Life Guarantee that becomes effective after the effective date of the endorsement, the surviving Covered Life may continue the Contract and the For Life Guarantee will remain in effect or begin on the date the For Life Guarantee becomes effective. The GAWA% and the GAWA will continue to be determined or re-determined based on the youngest Covered Life’s attained age (or the age he or she would have attained).  Once the For Life Guarantee becomes effective, the surviving Covered Life will be able to take annual withdrawals equal to the GAWA for the rest of his or her life, provided that the withdrawals are taken prior to the Latest Income Date.
¨    
If your endorsement has a For Life Guarantee that becomes effective on the effective date of the endorsement, the surviving Covered Life may continue the Contract and the For Life Guarantee will remain in effect.  The GAWA% and the GAWA will continue to be determined or re-determined based on the youngest Covered Life’s attained age (or the age he or she would have attained).  The surviving Covered Life will be able to take annual withdrawals equal to the GAWA for the rest of his or her life, provided that the withdrawals are taken prior to the Latest Income Date.
¨    
The surviving spouse who is not a Covered Life may continue the Contract and the For Life Guarantee is null and void.  However, the surviving spouse will be entitled to make withdrawals until the GWB is exhausted, provided that the withdrawals are taken prior to the Latest Income Date.
¨    
Your GWB remains $100,000 and your GAWA remains unchanged at the time of continuation.

§  
Notes:
¨    
If your endorsement has a For Life Guarantee that becomes effective after the effective date of the endorsement, your reset date is the Contract Anniversary on or immediately following the youngest Covered Life attaining the age of 59 ½.  Your Bonus Base remains unchanged at the time of continuation.
¨    
Your BDB remains unchanged at the time of continuation.

Example 13 : This example demonstrates how the GWB is re-determined upon application of the GWB Adjustment.

§  
Example 13 a: This example demonstrates what happens if on the GWB Adjustment Date, your GWB is $160,000, your GWB Adjustment is $200,000, and you have taken no withdrawals on or prior to the GWB Adjustment Date:
¨    
Your new GWB is recalculated to equal $200,000, which is the greater of 1) your GWB prior to the application of the GWB Adjustment ($160,000) or 2) the GWB Adjustment ($200,000).

§  
Example 13 b: This example demonstrates what happens if on the GWB Adjustment Date, your GWB is $210,000, your GWB Adjustment is $200,000, and you have taken no withdrawals on or prior to the GWB Adjustment Date:
¨    
Your new GWB is recalculated to equal $210,000, which is the greater of 1) your GWB prior to the application of the GWB Adjustment ($210,000) or 2) the GWB Adjustment ($200,000).

§  
Notes:
¨    
The GWB Adjustment provision is terminated on the GWB Adjustment Date after the GWB Adjustment is applied (if any).
¨    
Since you have taken no withdrawals, your GAWA% and GAWA have not yet been determined, thus no adjustment is made to your GAWA.
¨    
No adjustment is made to your Bonus Base since the Bonus Base is not impacted by the GWB Adjustment.
¨    
No adjustment is made to your BDB since the BDB is not impacted by the GWB Adjustment.
¨    
If your endorsement includes a GMWB Death Benefit provision, no adjustment is made to your GMWB Death Benefit since the GMWB Death Benefit is not impacted by the GWB Adjustment.

V.  MARKETGUARD STRETCH

Unless otherwise specified, the following examples assume you elected MarketGuard Stretch with a 5% benefit when you purchased your Contract, no other optional benefits were elected, your initial Premium payment was $100,000, your GAWA is greater than your Stretch RMD at the time a withdrawal is requested, all partial withdrawals requested include any applicable charges, and no prior partial withdrawals have been made. The examples also assume that the GMWB has not been terminated as described in the Access to Your Money section of this prospectus.

Example 1: This example demonstrates how GMWB values are set at election.
 
 
D-28

 
 
§  
Example 1a: If the GMWB is elected at issue:
¨    
Your initial GWB is $100,000, which is your initial Premium payment.
¨    
Your GAWA is $5,000, which is 5% of your initial GWB ($100,000*0.05 = $5,000).
¨    
Your initial GMWB Charge Base is $100,000, which is your initial GWB.

§  
Example 1b: If the GMWB is elected after issue (if permitted) when the Contract Value is $105,000 and your Contract includes a Contract Enhancement with a total Recapture Charge of $5,000 at the time the GMWB is elected:
¨    
Your initial GWB is $100,000, which is your Contract Value ($105,000) less the Recapture Charge ($5,000) on the effective date of the endorsement.
¨    
Your GAWA is $5,000, which is 5% of your initial GWB ($100,000*0.05 = $5,000).
¨    
Your initial GMWB Charge Base is $100,000, which is your initial GWB.

§  
Example 1c: If the GMWB is elected after issue (if permitted) or you convert to the GMWB from another GMWB (if permitted) when the Contract Value is $110,000 and your Contract includes a Contract Enhancement with a total Recapture Charge of $5,000 at the time the GMWB is elected or converted:
¨    
Your initial GWB in your new GMWB is $105,000, which is your Contract Value ($110,000) less the Recapture Charge ($5,000) on the effective date of the endorsement.  If you converted your GMWB when the GWB for your former GMWB was $120,000 and the Contract Value less the Recapture Charge declined to $105,000 prior to the conversion date, the conversion to the new GMWB would result in a $15,000 reduction in the GWB.
¨    
Your GAWA is $5,250, which is 5% of your initial GWB ($105,000*0.05 = $5,250).

§  
Notes:
¨    
Your GAWA% and GAWA are not determined until the earlier of the time of your first withdrawal or the date that your Contract Value reduces to zero.

Example 2: This example demonstrates how your GAWA% is determined.  Your GAWA% is determined on the earlier of the time of your first withdrawal or the date that your Contract Value reduces to zero. Your GAWA% is set based upon your attained age at that time.  Your initial GAWA is determined based on this GAWA% and the GWB at that time.

§  
If, at the time the GAWA% is determined, your GAWA% is 5% based on your attained age and your GWB is $100,000, your initial GAWA is $5,000, which is your GAWA% multiplied by your GWB at that time ($100,000 * 0.05 = $5,000).

Example 3: This example demonstrates how upon payment of a subsequent Premium, GMWB values may be re-determined.

§  
Example 3a: This example demonstrates what happens if you make an additional Premium payment of $50,000, your GWB is $100,000, your GAWA is $5,000, your GMWB Charge Base is $100,000, and your Contract includes a Contract Enhancement provision which provides $2,500 to your Contract at the time of the Premium payment:
¨    
Your new GWB is $150,000, which is your GWB prior to the additional Premium payment ($100,000) plus your additional Premium payment ($50,000).  Your GWB is subject to a maximum of $5,000,000 (see Example 3b).
¨    
Your GAWA is $7,500, which is your GAWA prior to the additional Premium payment ($5,000) plus 5% of your additional Premium payment ($50,000*0.05 = $2,500).
¨    
Your new GMWB Charge Base is $150,000, which is your GMWB Charge Base prior to the additional Premium payment ($100,000) plus your additional Premium payment ($50,000).  Your GMWB Charge Base is subject to a maximum of $5,000,000 (see Example 3b).

§  
Example 3b: This example demonstrates how GWB and GAWA are affected by the GWB $5,000,000 maximum, upon payment of a subsequent Premium.  If you make an additional Premium payment of $100,000, your GWB is $4,950,000, your GAWA is $247,500, and your GMWB Charge Base is $4,950,000 at the time of payment:
¨    
Your new GWB is $5,000,000, which is the maximum, since your GWB prior to the additional Premium payment ($4,950,000) plus your additional Premium payment ($100,000) exceeds the maximum of $5,000,000.
¨    
Your GAWA is $250,000, which is your GAWA prior to the additional Premium payment ($247,500) plus 5% of the allowable $50,000 increase in your GWB (($5,000,000 - $4,950,000)*0.05 = $2,500).
¨    
Your new GMWB Charge Base is $5,000,000, which is the maximum, since your GMWB Charge Base prior to the additional Premium payment ($4,950,000) plus your additional Premium payment ($100,000) exceeds the maximum of $5,000,000.

§  
Notes:
¨    
Your GAWA is recalculated upon payment of an additional Premium (as described above) only if such payment occurs after your GAWA % has been determined.
 
 
D-29

 
 
Example 4: This example demonstrates how GMWB values are re-determined upon withdrawal of the guaranteed amount (which is the greater of your GAWA or your Stretch RMD).

§  
Example 4a: This example demonstrates what happens if you withdraw an amount equal to your GAWA ($5,000) when your GWB is $100,000 and your GMWB Charge Base is $100,000:
¨    
Your new GWB is $95,000, which is your GWB prior to the withdrawal ($100,000) less the amount of the withdrawal ($5,000).
¨    
Your GAWA for the next year remains $5,000, since you did not withdraw an amount that exceeds your GAWA.
¨    
Your GMWB Charge Base remains $100,000, since you did not withdraw an amount that exceeds your GAWA.
¨    
If you continued to take annual withdrawals equal to your GAWA, it would take an additional 19 years to deplete your GWB ($95,000 / $5,000 per year = 19 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.

§  
Example 4b: This example demonstrates what happens if you withdraw an amount equal to your Stretch RMD ($7,500), which is greater than your GAWA ($5,000) when your GWB is $100,000 and your GMWB Charge Base is $100,000:
¨    
Your new GWB is $92,500, which is your GWB prior to the withdrawal ($100,000) less the amount of the withdrawal ($7,500).
¨    
Your GAWA for the next year remains $5,000, since your withdrawal did not exceed the greater of your GAWA ($5,000) or your Stretch RMD ($7,500).
¨    
Your GMWB Charge Base remains $100,000, since your withdrawal did not exceed the greater of your GAWA ($5,000) or your Stretch RMD ($7,500).
¨    
If you continued to take annual withdrawals equal to your GAWA, it would take an additional 19 years to deplete your GWB ($92,500 / $5,000 per year = 19 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.

§  
Notes:
¨    
If your GAWA falls below your GWB at the end of your Contract Year, your GAWA will be adjusted to equal your GWB.
¨    
Withdrawals taken in connection with a GMWB are considered the same as any other withdrawal for the purpose of determining all other values under the Contract.  In the case where your minimum death benefit is reduced proportionately for withdrawals, your death benefit may be reduced by more than the amount of the withdrawal.

Example 5: This example demonstrates how GMWB values are re-determined upon withdrawal of an amount that exceeds your guaranteed amount (as defined in Example 4).

§  
Example 5a –This example demonstrates what happens if you withdraw an amount ($10,000) that exceeds your GAWA ($5,000) when your Contract Value is $130,000, your GWB is $100,000, and your GMWB Charge Base is $100,000:
¨    
Your  new GWB is $91,200, which is your GWB reduced dollar-for-dollar for your GAWA, then reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [($100,000 - $5,000)*(1 - ($10,000 - $5,000) / ($130,000 - $5,000)) = $91,200].
¨    
Your GAWA is recalculated to equal $4,800, which is your current GAWA reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [$5,000 * (1 - ($10,000 - $5,000) / ($130,000 - $5,000)) = $4,800].  If you continued to take annual withdrawals equal to your GAWA, it would take an additional 19 years to deplete your GWB ($91,200 / $4,800 per year = 19 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.
¨    
Your GMWB Charge Base is recalculated to equal $96,000, which is your current GMWB Charge Base reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [$100,000,000 * (1 - ($10,000 - $5,000) / ($130,000 - $5,000)) = $96,000].

§  
Example 5b: This example demonstrates what happens if you withdraw an amount ($10,000) that exceeds your GAWA ($5,000) when your Contract Value is $105,000, your GWB is $100,000, and your GMWB Charge Base is $100,000:
¨    
Your new GWB is $90,250, which is your GWB reduced dollar-for-dollar for your GAWA, then reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [($100,000 - $5,000)*(1 - ($10,000 - $5,000) / ($105,000 - $5,000)) = $90,250].

¨    
Your GAWA is recalculated to equal $4,750, which is your current GAWA reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [$5,000 * (1 - ($10,000 - $5,000)/($105,000 - $5,000)) = $4,750].  If you continued to take annual withdrawals equal to your GAWA, it would take an additional 19 years to deplete your GWB ($90,250 / $4,750 per year = 19 years), provided that there are no
 
 
D-30

 
 
further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.
 
¨    
Your GMWB Charge Base is recalculated to equal $95,000, which is your current GMWB Charge Base reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [$100,000,000 * (1 - ($10,000 - $5,000) / ($105,000 - $5,000)) = $95,000].

§  
Example 5c: This example demonstrates what happens if you withdraw an amount ($10,000) that exceeds your GAWA ($5,000) when your Contract Value is $55,000, your GWB is $100,000, and your GMWB Charge Base is $100,000:
¨    
Your new GWB is $85,500, which is your GWB reduced dollar-for-dollar for your GAWA, then reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [($100,000 - $5,000) * (1 - ($10,000 - $5,000) / ($55,000 - $5,000)) = $85,500].
¨    
Your GAWA is recalculated to equal $4,500, which is your current GAWA reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [$5,000*(1-($10,000-$5,000)/($55,000 - $5,000))=$4,500].  If you continued to take annual withdrawals equal to your GAWA, it would take an additional 19 years to deplete your GWB ($85,500 / $4,500 per year = 19 years), provided that there are no further adjustments made to your GWB or your GAWA (besides the annual reduction of your GWB by the amount of the withdrawal) and that the withdrawals are taken prior to the Latest Income Date.
¨    
Your GMWB Charge Base is recalculated to equal $90,000, which is your current GMWB Charge Base reduced in the same proportion that the Contract Value is reduced for the portion of the withdrawal that is in excess of the GAWA [$100,000,000 * (1 - ($10,000 - $5,000) / ($55,000 - $5,000)) = $90,000].

§  
Notes:
¨    
If your GAWA falls below your GWB at the end of your Contract Year, your GAWA will be adjusted to equal your GWB.
¨    
Withdrawals taken in connection with a GMWB are considered the same as any other withdrawal for the purpose of determining all other values under the Contract.  In the case where your minimum death benefit is reduced proportionately for withdrawals, your death benefit may be reduced by more than the amount of the withdrawal.

Example 6: This example demonstrates how the GMWB Maturity Year affects your GMWB.

§  
Example 6a: This example demonstrates what happens if your Contract Value is $5,000 and your GWB is $8,000 on the Contract Anniversary occurring in your GMWB Maturity Year:
¨    
Your GMWB Maturity Year payment equals $3,000, which is the excess of your GWB ($8,000) over your Contract Value ($5,000).
¨    
Your Contract Value remains $5,000.
¨    
Your GMWB terminates. No further benefits will be payable under your GMWB.

§  
Example 6b: This example demonstrates what happens if your Contract Value is $15,000 and your GWB is $8,000 on the Contract Anniversary occurring in your GMWB Maturity Year:
¨    
Your GMWB Maturity Year payment equals zero, since your GWB ($8,000) does not exceed your Contract Value ($15,000).
¨    
Your Contract Value remains $15,000.
¨    
Your GMWB terminates. No further benefits will be payable under your GMWB.

§  
Notes:
¨    
Your GMWB Maturity Year is determined on the effective date of the endorsement and will not change, even if the GMWB is continued by your Beneficiary.

 
D-31

 

Questions: If you have any questions about your Contract, you may contact us at:
Jackson of NY Service Center:
1 (800) 599-5651 (8 a.m. - 8 p.m. ET)
 
Mail Address:
P.O. Box 3031 3 , Lansing, Michigan 48909-781 3
 
Delivery Address:
1 Corporate Way, Lansing, Michigan 48951
Jackson of NY IMG Service Center:
1 (888) 464-7779 (8 a.m. - 8 p.m. ET)
(for Contracts purchased through a bank or another financial institution)
 
 
Mail Address:
P.O. Box 30901 , Lansing, Michigan 48909- 8401
 
Delivery Address:
1 Corporate Way, Lansing, Michigan 48951
Home Office:
2900 Westchester Avenue, Purchase, New York 10577
 
 
 
 

 


STATEMENT OF ADDITIONAL INFORMATION
(Contracts offered for sale on and after September 10, 2012)

April 29, 2013

INDIVIDUAL AND GROUP FLEXIBLE PREMIUM FIXED AND
VARIABLE DEFERRED ANNUITY CONTRACTS

ISSUED BY THE JNLNY SEPARATE ACCOUNT I
OF JACKSON NATIONAL LIFE INSURANCE COMPANY OF NEW YORK®



This Statement of Additional Information (SAI) is not a prospectus.  It contains information in addition to and more detailed than that set forth in the Prospectus and should be read in conjunction with the Prospectus dated April 29, 2013 .  The Prospectus may be obtained from Jackson National Life Insurance Company of New York (Jackson of NY®) by writing P.O. Box 30313 , Lansing, Michigan 48909- 7813 , or calling 1-800-599-5651.  Not all Investment Divisions described in this SAI may be available for investment.




 
Page
General Information and History
2
Services
9
Purchase of Securities Being Offered
10
Underwriters
10
Calculation of Performance
10
Additional Tax Information
12
Annuity Provisions
22
Net Investment Factor
22
Financial Statements of the Separate Account
Appendix A
Financial Statements of Jackson of NY
Appendix B


 
 

 

General Information and History

JNLNY Separate Account I (Separate Account) is a separate investment account of Jackson of NY.  In September 1997, the company changed its name from First Jackson National Life Insurance Company to its present name.  Jackson of NY is a wholly owned subsidiary of Jackson National Life Insurance Company® (Jackson®), and is ultimately a wholly owned subsidiary of Prudential plc, London, England, a life insurance company in the United Kingdom.
 
Trademarks, Service Marks, and Related Disclosures

The “S&P 500 Index,” “S&P MidCap 400 Index,” “S&P SmallCap 600 Index,” “Dow Jones U.S. Select Dividend Index,” “Dow Jones U.S. Contrarian Opportunities,” “ Dow Jones Industrial Average,” “Dow Jones Select Dividend Index,” and “The Dow 10,” “Dow Jones Brookfield Global Infrastructure Index,” “STANDARD & POOR’S ® ,” “S&P ® ,” “S&P 500 ® ,” “S&P MIDCAP 400 Index ® ,” “STANDARD & POOR’S MIDCAP 400 Index ® ,” “S&P SmallCap 600 Index ® ” and “STANDARD & POOR’S 500 ® ” (collectively, the “Indices”) are products of S&P Dow Jones Indices LLC or its affiliates (“SPDJI”), and has been licensed for use by Jackson National Life Insurance Company (“Jackson”).   “Dow Jones ® ”, “Dow Jones Industrial Average”, “DJIA ® ”, “Dow Jones Select Dividend Index”, “The Dow ® ” and “The Dow 10” are service and/or trademarks of Dow Jones Trademark Holdings, LLC ( “ Dow Jones ” ) and have been licensed to SPDJI and have been sub-licensed for use for certain purposes by Jackson National Life Insurance Company ® (“Jackson”) .
 
The Dow Jones Brookfield Global Infrastructure Index is calculated by SPDJI pursuant to an agreement with Brookfield Redding, Inc. (together with its affiliates, “Brookfield”) and has been licensed for use. Standard & Poor’s ® , S&P ® and S&P 500 ® , S&P MidCap 400 ® and S&P SmallCap 600 ® are registered trademarks of Standard & Poor’s Financial Services LLC; Dow Jones U.S. Contrarian Opportunities Index is a service mark of Dow Jones; Brookfield ® is a registered trademark of Brookfield Asset Management, Inc.; the foregoing trademarks have been licensed by SPDJI for use.
 
The JNL/Mellon Capital S&P ® SMid 60 Fund, JNL/Mellon Capital VIP Fund, JNL/Mellon Capital JNL 5 Fund, and the JNL/Mellon Capital S&P ® 24 Fund, JNL/Mellon Capital S&P 500 Index Fund, JNL/Mellon S&P 400 MidCap Index Fund, JNL/Mellon Capital Dow Jones U.S. Contrarian Opportunities Index Fund, the JNL/Mellon Capital Dow SM Dividend Fund, the JNL/Mellon Capital JNL Optimized 5 Fund, the JNL/Mellon Capital Communications Sector Fund, the JNL/Mellon Capital Consumer Brands Sector Fund, the JNL/Mellon Capital Financial Sector Fund, the JNL/Mellon Capital Healthcare Sector Fund, the JNL/Mellon Capital Oil & Gas Sector Fund, and the JNL/Mellon Capital Technology Sector Fund, and the JNL/Brookfield Global Infrastructure Fund (collectively, the “Products”) are not sponsored, endorsed, sold or promoted by SPDJI, Dow Jones, Standard & Poor’s Financial Services LLC, Brookfield or any of their respective affiliates (collectively, “S&P Dow Jones Indices”).
 
S&P Dow Jones Indices makes no representation or warranty, express or implied, to the owners of the Products or any member of the public regarding the advisability of investing in securities generally or in the Products particularly or the ability of the Indices to track general market performance.  S&P Dow Jones Indices’ only relationship to Jackson or Brookfield Asset Management with respect to the Indices or the Products is the licensing of the Indices and certain trademarks, service marks and/or trade names of S&P Dow Jones Indices and/or its licensors.  The Indices are determined, composed and calculated by S&P Dow Jones Indices without regard to Jackson or the Products.  S&P Dow Jones Indices have no obligation to take the needs of Jackson, Brookfield Asset Management or the owners of the Products into consideration in determining, composing or calculating the Indices.  S&P Dow Jones Indices are not responsible for and have not participated in the determination of the prices, and amount of the Products or the timing of the issuance or sale of the Products in the determination or calculation of the equation by which the Products are to be converted into cash, surrendered or redeemed, as the case may be.  S&P Dow Jones Indices have no obligation or liability in connection with the administration, marketing or trading of the Products. There is no assurance that investment products based on the Indices will accurately track index performance or provide positive investment returns.  S&P Dow Jones Indices LLC is not an investment advisor.  Inclusion of a security within an index is not a recommendation by S&P Dow Jones Indices or Brookfield to buy, sell, or hold such security, nor is it considered to be investment advice.
 
S&P DOW JONES INDICES DOES NOT GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS AND/OR THE COMPLETENESS OF THE INDICES OR ANY DATA RELATED THERETO OR ANY COMMUNICATION, INCLUDING BUT NOT LIMITED TO, ORAL OR WRITTEN COMMUNICATION (INCLUDING ELECTRONIC COMMUNICATIONS) WITH RESPECT THERETO.  S&P DOW JONES INDICES SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS, OR DELAYS THEREIN.  S&P DOW JONES INDICES MAKE NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR AS TO RESULTS TO BE OBTAINED BY JACKSON OR OWNERS OF THE PRODUCTS, OR ANY OTHER PERSON OR ENTITY FROM THE USE OF THE INDICES OR WITH RESPECT TO ANY DATA RELATED THERETO.  WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT WHATSOEVER SHALL S&P DOW JONES INDICES OR BROOKFIELD BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, TRADING LOSSES, LOST TIME OR GOODWILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.  THERE ARE NO THIRD PARTY BENEFICIARIES OF ANY AGREEMENTS OR ARRANGEMENTS BETWEEN S&P DOW JONES INDICES AND JACKSON, OTHER THAN THE LICENSORS OF S&P DOW JONES INDICES.
 
“SPDR” is a registered trademark of Standard & Poor's Financial Services LLC (“S&P Financial Services”) and has been licensed for use by State Street Corporation. Standard & Poor’s and S&P are registered trademarks of S&P Financial Services. No financial product offered by State Street Corporation or its affiliates is sponsored, endorsed, sold or promoted by S&P Financial Services or its affiliates, and S&P Financial Services and its affiliates make no representation, warranty or condition regarding the advisability of buying, selling or holding units/shares in such products. Further limitations and important information that could affect investors' rights are described in the prospectus for the applicable product.
 
The following applies to the JNL/S&P Managed Growth Fund, JNL/S&P Managed Conservative Fund, JNL/S&P Managed Moderate Growth Fund, JNL/S&P Managed Moderate Fund, and JNL/S&P Managed Aggressive Growth Fund and JNL/S&P 4 Fund.  SPIAS is co-Sub-Adviser with Mellon Capital for the following funds: JNL/S&P Competitive Advantage Fund, JNL/S&P Dividend Income & Growth Fund, JNL/S&P Intrinsic Value Fund, and JNL/S&P Total Yield Fund:
 
Standard & Poor’s Investment Advisory Services LLC (“SPIAS”) is a registered investment advisor and a wholly owned subsidiary of The McGraw-Hill Companies, Inc. SPIAS does not provide advice to underlying clients of the firms to which it provides services. SPIAS does not act as a “fiduciary” or as an “investment manager,” as defined under ERISA, to any investor. SPIAS is not responsible for client suitability.
 
Programs and products of the firms to which SPIAS provides services are not endorsed, sold or promoted by SPIAS and its affiliates, and SPIAS and its affiliates make no representation regarding the advisability of investing in those programs and products. With respect to the asset allocations and investments recommended by SPIAS, investors should realize that such investment recommendations are provided to Jackson National Asset Management, LLC only as a general recommendation. The underlying funds of the JNL/S&P 4 Fund are co-sub-advised by SPIAS. SPIAS does not co-sub-advise the JNL/S&P 4 Fund. There is no agreement or understanding whatsoever that SPIAS will provide individualized advice to any investor. SPIAS does not take into account any information about any investor or any investor’s assets when providing investment advisory services to firms to which SPIAS provides services. SPIAS does not have any discretionary authority or control with respect to purchasing or selling securities or making other investments. Individual investors should ultimately rely on their own judgment and/or the judgment of a representative in making their investment decisions.
 
Standard & Poor’s  Financial Services LLC, SPIAS, and their affiliates (collectively S&P), and any third-party providers, as well as their directors, officers, shareholders, employees or agents (collectively with S&P,  S&P Parties) do not guarantee the accuracy, completeness, adequacy or timeliness of any information, including ratings and valuations, and are not responsible for errors and omissions, or for the results obtained from the use of such information, and S&P Parties shall have no liability for any errors, omission, or interruptions therein (negligent or otherwise), regardless of the cause, or for the results obtained from the use of such information. S&P PARTIES DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. In no event shall S&P Parties be liable to any party for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including, without limitation, lost income or lost profits and opportunity costs or losses caused by negligence) in connection with any use of the information contained in this document even if advised of the possibility of such damages.
 
S&P’s credit ratings are statements of opinion as of the date they are expressed and not statements of fact or recommendations to purchase, hold, or sell any securities or to make any investment decisions.  S&P credit ratings should not be relied on when making any investment or other business decision.  S&P’s opinions and analyses do not address the suitability of any security.  S&P does not act as a fiduciary or an investment advisor, except where registered as such. While S&P has obtained information from sources they believe to be reliable, S&P does not perform an audit and undertakes no duty of due diligence or independent verification of any information it receives.
 
To the extent that regulatory authorities allow a rating agency to acknowledge in one jurisdiction a rating issued in another jurisdiction for certain regulatory purposes, S&P reserves the right to assign, withdraw or suspend such acknowledgement at any time and in its sole discretion. S&P Parties disclaim any duty whatsoever arising out of the assignment, withdrawal or suspension of an acknowledgment as well as any liability for any damage alleged to have been suffered on account thereof.
 
S&P keeps certain activities of its business units separate from each other in order to preserve the independence and objectivity of their respective activities. As a result, certain business units of S&P may have information that is not available to other S&P business units. S&P has established policies and procedures to maintain the confidentiality of certain non-public information received in connection with each analytical process.
 
S&P may receive compensation for its ratings and certain analyses, normally from issuers or underwriters of securities or from obligors. S&P reserves the right to disseminate its opinions and analyses. S&P's public ratings and analyses are made available on its Web sites, www.standardandpoors.com (free of charge), and www.ratingsdirect.com and www.globalcreditportal.com (subscription), and may be distributed through other means, including via S&P publications and third party redistributors. Additional information about our ratings fees is available at www.standardandpoors.com/usratingsfees .
 
Based on a universe of funds provided to SPIAS, SPIAS may recommend for investment certain funds to which S&P licenses certain intellectual property or otherwise has a financial interest, including exchange-traded funds whose investment objective is to substantially replicate the returns of a proprietary index of S&P Dow Jones Indices, such as the S&P 500. SPIAS recommends these funds for investment based on asset allocation, sector representation, liquidity and other factors; however, SPIAS has a potential conflict of interest with respect to the inclusion of these funds.  In cases where S&P is paid fees that are tied to the amount of assets that are invested in the fund, investment in the fund will generally result in S&P earning compensation in addition to the fees received by SPIAS in connection with its provision of services.  In certain cases there may be alternative funds that are available for investment that will provide investors substantially similar exposure to the asset class or sector.
 
S&P provides a wide range of services to, or relating to, many organizations, including issuers of securities, investment advisers, broker-dealers, investment banks, other financial institutions and financial intermediaries, and accordingly may receive fees or other economic benefits from those organizations, including organizations whose securities or services they may recommend, rate, include in model portfolios, evaluate or otherwise address.
 
SPIAS may consider research and other information from affiliates in making its investment recommendations. The investment policies of certain portfolios specifically state that among the information SPIAS will consider in evaluating a security are the credit ratings assigned by S&P.  SPIAS does not consider the ratings assigned by other credit rating agencies. Credit rating criteria and scales may differ among credit rating agencies. Ratings assigned by other credit rating agencies may reflect more or less favorable opinions of creditworthiness than ratings assigned by S&P.
 
Goldman Sachs is a registered service mark of Goldman, Sachs & Co.

The Product(s) is not sponsored, endorsed, sold or promoted by The Nasdaq Stock Market, Inc. (including its affiliates) (Nasdaq, with its affiliates, are referred to as the Corporations).  The Corporations have not passed on the legality or suitability of or the accuracy or adequacy of descriptions and disclosures relating to the Product(s).  The Corporations make no representation or warranty, express or implied to the Owners of the Product(s) or any member of the public regarding the advisability of investing in securities generally or in the Product(s) particularly, or the ability of the Nasdaq-100 Index® to track general stock market performance.  The Corporations’ only relationship to Jackson (Licensee) is in the licensing of the Nasdaq-100®, Nasdaq-100 Index® and Nasdaq® trademarks or service marks, and certain trade names of the Corporations and the use of the Nasdaq-100 Index® which is determined, composed and calculated by Nasdaq without regard to Licensee or the Product(s).  Nasdaq has no obligation to take the needs of the Licensee or the Owners of the Product(s) into consideration in determining, composing or calculating the Nasdaq-100 Index®.  The Corporations are not responsible for and have not participated in the determination of the timing of, prices at or quantities of the Product(s) to be issued or in the determination or calculation of the equation by which the Product(s) is to be converted into cash.  The Corporations have no liability in connection with the administration, marketing or trading of the Product(s).
 
The Corporations do not guarantee the accuracy and/or uninterrupted calculation of the Nasdaq-100 index® or any data included therein.  The Corporations make no warranty, express or implied, as to results to be obtained by Licensee, Owners of the product(s) or any other person or entity from the use of the Nasdaq-100 Index® or any data included therein.  The Corporations make no express or implied warranties, and expressly disclaim all warranties of merchantability or fitness for a particular purpose or use with respect to the Nasdaq-100 Index® or any data included therein.  Without limiting any of the foregoing, in no event shall the Corporations have any liability for any lost profits or special, incidental, punitive, indirect or consequential damages, even if notified of the possibility of such damages.
 
“The Nasdaq-100®,” “Nasdaq-100 Index®,” “Nasdaq Stock Market®” and “Nasdaq®” are trade or service marks of The Nasdaq, Inc. (which with its affiliates are the “Corporations”) and have been licensed for use by Jackson.  The Corporations have not passed on the legality or suitability of the JNL/Mellon Capital Nasdaq®25 Fund, the JNL/Mellon Capital JNL Optimized 5 Fund, or the JNL/Mellon Capital VIP Fund.  The JNL/Mellon Capital Nasdaq® 25 Fund, the JNL/Mellon Capital VIP Fund and the JNL/Mellon Capital JNL Optimized 5 Fund are not issued, endorsed, sponsored, managed, sold or promoted by the Corporations. THE CORPORATIONS MAKE NO WARRANTIES AND BEAR NO LIABILITY WITH RESPECT TO THE JNL/MELLON CAPITAL NASDAQ® 25 FUND, THE JNL/MELLON CAPITAL VIP FUND AND THE JNL/MELLON CAPITAL JNL OPTIMIZED 5 FUND.
 
 
“NYSE®” is a registered mark of, and “NYSE International 100 IndexSM” is a service mark of, the New York Stock Exchange, Inc. (“NYSE”) and have been licensed for use for certain purposes by Jackson National Asset Management, LLC.  The JNL/Mellon Capital NYSE® International 25 Fund is not sponsored, endorsed, sold or promoted by NYSE, and NYSE makes no representation regarding the advisability of investing in the JNL/Mellon Capital NYSE® International 25 Fund.
 
“NYSE International 100 IndexSM” is a service mark of NYSE Group, Inc.  NYSE Group, Inc. has no relationship to Jackson National Asset Management, LLC, other than the licensing of the “NYSE International 100 IndexSM” (the “Index”) and its service marks for use in connection with the JNL/Mellon Capital NYSE® International 25 Fund.
 
NYSE Group, Inc. does not:
 
· Sponsor, endorse, sell or promote the JNL/Mellon Capital NYSE® International 25 Fund.
· Recommend that any person invest in the JNL/Mellon Capital NYSE® International 25 Fund or any other securities.
· Have any responsibility or liability for or make any decisions about the timing, amount or pricing of JNL/Mellon Capital NYSE® International 25 Fund.
· Have any responsibility or liability for the administration, management or marketing of the JNL/Mellon Capital NYSE® International 25 Fund.
· Consider the needs of the JNL/Mellon Capital NYSE® International 25 Fund or the owners of the JNL/Mellon Capital NYSE® International 25 Fund in determining, composing or calculating the NYSE International 100 IndexSM or have any obligation to do so.
 
NYSE Group, Inc. and its affiliates will not have any liability in connection with the JNL/Mellon Capital NYSE® International 25 Fund.  Specifically,
· NYSE Group, Inc. and its affiliates make no warranty, express or implied, and NYSE Group, Inc. and its affiliates disclaim any warranty about:
· The results to be obtained by the JNL/Mellon Capital NYSE® International 25 Fund, the owner of the JNL/Mellon Capital NYSE® International 25 Fund or any other person in connection with the use of the Index and the data included in the NYSE International 100 IndexSM;
· The accuracy or completeness of the Index and its data;
· The merchantability and the fitness for a particular purpose or use of the Index and its data;
· NYSE Group, Inc. will have no liability for any errors, omissions or interruptions in the Index or its data;
· Under no circumstances will NYSE Group, Inc. or any of its affiliates be liable for any lost profits or indirect, punitive, special or consequential damages or losses, even if NYSE Group, Inc. knows that they might occur.
 
The licensing agreement between Jackson National Asset Management, LLC and NYSE Group, Inc. is solely for their benefit and not for the benefit of the owners of the JNL/Mellon Capital NYSE® International 25 Fund or any other third parties.
 
Russell Investment Group is the source and owner of the trademarks, service marks and copyrights related to the Russell Indexes.  Russell is a trademark of Russell Investment Group.
 
JNL/Mellon Capital Small Cap Index Fund is not promoted, sponsored or endorsed by, nor in any way affiliated with Russell Investment Group ("Russell").  Russell is not responsible for and has not reviewed JNL/Mellon Capital Small Cap Index Fund nor any associated literature or publications and Russell makes no representation or warranty, express or implied, as to their accuracy, or completeness, or otherwise.
 
Russell reserves the right, at any time and without notice, to alter, amend, terminate or in any way change the Russell Indexes.  Russell has no obligation to take the needs of any particular fund or its participants or any other product or person into consideration in determining, composing or calculating any of the Russell Indexes.
 
Russell's publication of the Russell Indexes in no way suggests or implies an opinion by Russell as to the attractiveness or appropriateness of investment in any or all securities upon which the Russell Indexes are based.  RUSSELL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE ACCURACY COMPLETENESS, RELIABILITY, OR OTHERWISE OF THE RUSSELL INDEXES.  RUSSELL MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE USE, OR THE RESULTS OF USE, OF THE RUSSELL INDEXES OR ANY DATA INCLUDED THEREIN, OR ANY SECURITY (OR COMBINATION THEREOF) COMPRISING THE RUSSELL INDEXES.  RUSSELL MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY, AND EXPRESSLY DISCLAIMS ANY WARRANTY, OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE RUSSELL INDEX(ES) OR ANY DATA OR ANY SECURITY (OR COMBINATION THEREOF) INCLUDED THEREIN.
 
Jackson has entered into a License Agreement with Value Line®.  Value Line Publishing, Inc.'s ("VLPI") only relationship to Jackson is VLPI's licensing to Jackson of certain VLPI trademarks and trade names and the Value Line Timeliness Ranking System (the "System"), which is composed by VLPI without regard to Jackson, this Product or any investor.  VLPI has no obligation to take the needs of  Jackson or any investor in the Product into consideration in composing the System.  The Product results may differ from the hypothetical or published results of the Value Line Timeliness Ranking System.  VLPI is not responsible for and has not participated in the determination of the prices and composition of the Product or the timing of the issuance for sale of the Product or in the calculation of the equations by which the Product is to be converted into cash.
 
VLPI MAKES NO WARRANTY CONCERNING THE SYSTEM, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND VLPI MAKES NO WARRANTY AS TO THE POTENTIAL PROFITS OR ANY OTHER BENEFITS THAT MAY BE ACHIEVED BY USING THE SYSTEM OR ANY INFORMATION OR MATERIALS GENERATED THEREFROM.  VLPI DOES NOT WARRANT THAT THE SYSTEM WILL MEET ANY REQUIREMENTS OR THAT IT WILL BE ACCURATE OR ERROR-FREE.  VLPI ALSO DOES NOT GUARANTEE ANY USES, INFORMATION, DATA OR OTHER RESULTS GENERATED FROM THE SYSTEM.  VLPI HAS NO OBLIGATION OR LIABILITY (I) IN CONNECTION WITH THE ADMINISTRATION, MARKETING OR TRADING OF THE PRODUCT; OR (II) FOR ANY LOSS, DAMAGE, COST OR EXPENSE SUFFERED OR INCURRED BY ANY INVESTOR OR OTHER PERSON OR ENTITY IN CONNECTION WITH THIS PRODUCT, AND IN NO EVENT SHALL VLPI BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES IN CONNECTION WITH THE PRODUCT.
 
THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND AND THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND ARE NOT SPONSORED, ENDORSED, SOLD OR PROMOTED BY MSCI INC. (“MSCI”), ANY OF ITS AFFILIATES, ANY OF ITS INFORMATION PROVIDERS OR ANY OTHER THIRD PARTY INVOLVED IN, OR RELATED TO, COMPILING, COMPUTING OR CREATING ANY MSCI INDEX (COLLECTIVELY, THE “MSCI PARTIES”).  THE MSCI INDEXES ARE THE EXCLUSIVE PROPERTY OF MSCI.  MSCI AND THE MSCI INDEX NAMES ARE SERVICE MARK(S) OF MSCI OR ITS AFFILIATES AND HAVE BEEN LICENSED FOR USE FOR CERTAIN PURPOSES BY JACKSON NATIONAL ASSET MANAGEMENT, LLC.  NONE OF THE MSCI PARTIES MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO THE ISSUER OR OWNERS OF THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND OR ANY OTHER PERSON OR ENTITY REGARDING THE ADVISABILITY OF INVESTING IN FUNDS GENERALLY OR IN THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND PARTICULARLY OR THE ABILITY OF ANY MSCI INDEX TO TRACK CORRESPONDING STOCK MARKET PERFORMANCE.  MSCI OR ITS AFFILIATES ARE THE LICENSORS OF CERTAIN TRADEMARKS, SERVICE MARKS AND TRADE NAMES AND OF THE MSCI INDEXES WHICH ARE DETERMINED, COMPOSED AND CALCULATED BY MSCI WITHOUT REGARD TO THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND OR THE ISSUER OR OWNERS OF THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND OR ANY OTHER PERSON OR ENTITY.  NONE OF THE MSCI PARTIES HAS ANY OBLIGATION TO TAKE THE NEEDS OF THE ISSUER OR OWNERS OF THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND OR ANY OTHER PERSON OR ENTITY INTO CONSIDERATION IN DETERMINING, COMPOSING OR CALCULATING THE MSCI INDEXES.  NONE OF THE MSCI PARTIES IS RESPONSIBLE FOR OR HAS PARTICIPATED IN THE DETERMINATION OF THE TIMING OF, PRICES AT, OR QUANTITIES OF THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND TO BE ISSUED OR IN THE DETERMINATION OR CALCULATION OF THE EQUATION BY OR THE CONSIDERATION INTO WHICH THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND IS REDEEMABLE.  FURTHER, NONE OF THE MSCI PARTIES HAS ANY OBLIGATION OR LIABILITY TO THE ISSUER OR OWNERS OF THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THE ADMINISTRATION, MARKETING OR OFFERING OF THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND.
 
ALTHOUGH MSCI SHALL OBTAIN INFORMATION FOR INCLUSION IN OR FOR USE IN THE CALCULATION OF THE MSCI INDEXES FROM SOURCES THAT MSCI CONSIDERS RELIABLE, NONE OF THE MSCI PARTIES WARRANTS OR GUARANTEES THE ORIGINALITY, ACCURACY AND/OR THE COMPLETENESS OF ANY MSCI INDEX OR ANY DATA INCLUDED THEREIN.  NONE OF THE MSCI PARTIES MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY THE ISSUER OF THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND, OWNERS OF THE JNL/MELLON CAPITAL INTERNATIONAL INDEX FUND OR THE JNL/MELLON CAPITAL EMERGING MARKETS INDEX FUND, OR ANY OTHER PERSON OR ENTITY, FROM THE USE OF ANY MSCI INDEX OR ANY DATA INCLUDED THEREIN.  NONE OF THE MSCI PARTIES SHALL HAVE ANY LIABILITY FOR ANY ERRORS, OMISSIONS OR INTERRUPTIONS OF OR IN CONNECTION WITH ANY MSCI INDEX OR ANY DATA INCLUDED THEREIN. FURTHER, NONE OF THE MSCI PARTIES MAKES ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, AND THE MSCI PARTIES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO EACH MSCI INDEX AND ANY DATA INCLUDED THEREIN.  WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL ANY OF THE MSCI PARTIES HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS) EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

Services

Jackson of NY is the custodian of the assets of the Separate Account. Jackson of NY holds all cash of the Separate Account and attends to the collection of proceeds of shares of the underlying Fund bought and sold by the Separate Account.
 
The financial statements of JNLNY Separate Account I and Jackson National Life Insurance Company of New York for the periods indicated have been included herein in reliance upon the reports of KPMG LLP, an independent registered public accounting firm, appearing elsewhere herein, and upon the authority of said firm as experts in accounting and auditing.  KPMG LLP is located at Aon Center, 200 East Randolph Drive, Suite 5500, Chicago, Illinois 60601.
 
Jackson is the parent of Jackson National Asset Management, LLC (“JNAM”), the Funds’ investment adviser and administrator.  Pursuant to an agreement between Jackson and JNAM, JNAM provides certain administrative services with respect to the Separate Account, including separate account administration services and financial and accounting services.  For the past three years, Jackson paid $349,200 in 2010, $430,000 in 2011, and $450,000 in 2012 for the services provided by JNAM to Jackson.
 
Purchase of Securities Being Offered

The Contracts will be sold by licensed insurance agents.  The agents will be registered representatives of broker-dealers that are registered under the Securities Exchange Act of 1934 and members of the Financial Industry Regulatory Authority (FINRA).
 
Underwriters

The Contracts are offered continuously and are distributed by Jackson National Life Distributors LLC (JNLD), 7601 Technology Way, Denver, Colorado 80237.  JNLD is a subsidiary of Jackson.
 
For Perspective II, the aggregate amount of underwriting commission paid to broker/dealers was $45,682,872 in 2012.  JNLD did not retain any portion of the commissions.

Calculation of Performance

When Jackson of NY advertises performance for an Investment Division (except the JNL/WMC Money Market Division), we will include quotations of standardized average annual total return to facilitate comparison with standardized average annual total return advertised by other variable annuity separate accounts.  Standardized average annual total return for an Investment Division will be shown for periods beginning on the date the Investment Division first invested in the corresponding Fund.  We will calculate standardized average annual total return according to the standard methods prescribed by rules of the Securities and Exchange Commission.
 
Standardized average annual total return for a specific period is calculated by taking a hypothetical $1,000 investment in an Investment Division at the offering on the first day of the period ("initial investment"), and computing the average annual compounded rate of return for the period that would equate the initial investment with the ending redeemable value ("redeemable value") of that investment at the end of the period, carried to at least the nearest hundredth of a percent.  Standardized average annual total return is annualized and reflects the deduction of all recurring charges that are charged to all Contracts.  The redeemable value also reflects the effect of any applicable withdrawal charge or other charge that may be imposed at the end of the period.  No deduction is made for premium taxes that may be assessed by certain states.
 
Jackson of NY may also advertise non-standardized total return on an annualized and cumulative basis.  Non-standardized total return may be for periods other than those required to be presented or may otherwise differ from standardized average annual total return.  The Contract is designed for long-term investment; therefore, Jackson of NY believes that non-standardized total return that does not reflect the deduction of any applicable withdrawal charge may be useful to investors.  Reflecting the deduction of the withdrawal charge decreases the level of performance advertised.  Non-standardized total return may also assume a larger initial investment that more closely approximates the size of a typical Contract.
 
Standardized average annual total return quotations will be current to the last day of the calendar quarter preceding the date on which an advertisement is submitted for publication.  Both standardized average annual total return quotations and non-standardized total return quotations will be based on rolling calendar quarters and will cover at least periods of one, five, and ten years, or a period covering the time the Investment Division has been in existence, if it has not been in existence for one of the prescribed periods.
 
Quotations of standardized average annual total return and non-standardized total return are based upon historical earnings and will fluctuate.  Any quotation of performance should not be considered a guarantee of future performance.  Factors affecting the performance of an Investment Division and its corresponding Fund include general market conditions, operating expenses and investment management.  An owner's withdrawal value upon surrender of a Contract may be more or less than its original cost.
 
Jackson of NY may advertise the current annualized yield for a 30-day period for an Investment Division. The annualized yield of an Investment Division refers to the income generated by the Investment Division over a specified 30-day period.  Because this yield is annualized, the yield generated by an Investment Division during the 30-day period is assumed to be generated each 30-day period.  The yield is computed by dividing the net investment income per accumulation unit earned during the period by the price per unit on the last day of the period, according to the following formula:
 
 
   
Where:

a
=
net investment income earned during the period by the Fund attributable to shares owned by the Investment Division.
b
=
expenses for the Investment Division accrued for the period (net of reimbursements).
c
=
the average daily number of accumulation units outstanding during the period.
d
=
the maximum offering price per accumulation unit on the last day of the period.

The maximum withdrawal charge is 7%.
 
Net investment income will be determined in accordance with rules established by the Securities and Exchange Commission.  Accrued expenses will include all recurring fees that are charged to all Contracts.
 
Because of the charges and deductions imposed by the Separate Account, the yield for an Investment Division will be lower than the yield for the corresponding Fund.  The yield on amounts held in the Investment Divisions normally will fluctuate over time.  Therefore, the disclosed yield for any given period is not an indication or representation of future yields or rates of return.  An Investment Division's actual yield will be affected by the types and quality of portfolio securities held by the Fund and the Funds operating expenses.
 
Any current yield quotations of the JNL/WMC Money Market Division will consist of a seven calendar day historical yield, carried at least to the nearest hundredth of a percent.  We may advertise yield for the Division based on different time periods, but we will accompany it with a yield quotation based on a seven day calendar period.  The JNL/WMC Money Market Division's yield will be calculated by determining the net change, exclusive of capital changes, in the value of a hypothetical pre-existing account having a balance of one accumulation unit at the beginning of the base period, subtracting a hypothetical charge reflecting deductions from Contracts, and dividing the net change in account value by the value of the account at the beginning of the period to obtain a base period return and multiplying the base period return by (365/7).  The JNL/WMC Money Market Division's effective yield is computed similarly but includes the effect of assumed compounding on an annualized basis of the current yield quotations of the Division.
 
The JNL/WMC Money Market Division's yield and effective yield will fluctuate daily.  Actual yields will depend on factors such as the type of instruments in the Fund's portfolio, portfolio quality and average maturity, changes in interest rates, and the Fund's expenses.  Although the Investment Division determines its yield on the basis of a seven calendar day period, it may use a different time period on occasion.  The yield quotes may reflect the expense limitations described in the Fund's Prospectus or Statement of Additional Information.  There is no assurance that the yields quoted on any given occasion will be maintained for any period of time and there is no guarantee that the net asset values will remain constant.  It should be noted that neither a Contract owner's investment in the JNL/WMC Money Market Division nor that Division's investment in the JNL/WMC Money Market Division is guaranteed or insured.  Yields of other money market Funds may not be comparable if a different base or another method of calculation is used.

Additional Tax Information

NOTE: INFORMATION CONTAINED HEREIN SHOULD NOT BE SUBSTITUTED FOR THE ADVICE OF A PERSONAL TAX ADVISER.  JACKSON OF NY DOES NOT MAKE ANY GUARANTEE REGARDING THE TAX STATUS OF ANY CONTRACT OR ANY TRANSACTION INVOLVING THE CONTRACTS.  PURCHASERS BEAR THE COMPLETE RISK THAT THE CONTRACTS MAY NOT BE TREATED AS "ANNUITY CONTRACTS" UNDER FEDERAL INCOME TAX LAWS. IT SHOULD BE FURTHER UNDERSTOOD THAT THE FOLLOWING DISCUSSION IS NOT EXHAUSTIVE AND THAT OTHER SPECIAL RULES MAY BE APPLICABLE IN CERTAIN SITUATIONS. MOREOVER, NO ATTEMPT HAS BEEN MADE TO CONSIDER ANY APPLICABLE STATE OR OTHER TAX LAWS OR TO COMPARE THE TAX TREATMENT OF THE CONTRACTS TO THE TAX TREATMENT OF ANY OTHER INVESTMENT.
 
Jackson of NY's Tax Status
 
Jackson of NY is taxed as a life insurance company under the Internal Revenue Code of 1986, as amended (the "Code").  For federal income tax purposes, the Separate Account is not a separate entity from Jackson of NY and its operations form a part of Jackson of NY.
 
Taxation of Annuity Contracts in General
 
Section 72 of the Code governs the taxation of annuities in general.  An individual owner is not taxed on increases in the value of a Contract until distribution occurs, either in the form of a withdrawal or as annuity payments under the annuity option elected.  For a withdrawal received as a total surrender (total redemption or a death benefit), the recipient is taxed on the portion of the payment that exceeds the cost basis of the Contract.  For a payment received as a partial withdrawal from a non-qualified Contract, federal tax liability is generally determined on a last-in, first-out basis, meaning taxable income is withdrawn before the cost basis of the Contract is withdrawn. In the case of a partial withdrawal under a tax-qualified Contract, a ratable portion of the amount received is taxable. For Contracts issued in connection with non-qualified plans, the cost basis is generally the premiums, while for Contracts issued in connection with tax-qualified plans there may be no cost basis.  The taxable portion of a withdrawal is taxed at ordinary income tax rates. Tax penalties may also apply.
 
For annuity payments, a portion of each payment in excess of an exclusion amount is includable in taxable income.  All annuity payments in excess of the exclusion amount are fully taxable at ordinary income rates.
 
The exclusion amount for payments based on a fixed annuity option is determined by multiplying the payment by the ratio that the cost basis of the Contract (adjusted for any period certain or refund feature) bears to the expected return under the Contract.  The exclusion amount for payments based on a variable annuity option is determined by dividing the cost basis of the Contract (adjusted for any period certain or refund guarantee) by the fixed or estimated number of years for which annuity payments are to be made.  No exclusion is allowed with respect to any payments received after the investment in the Contract has been recovered (i.e., when the total of the excludable amounts equals the investment in the Contract).  For certain types of tax-qualified plans there may be no cost basis in the Contract within the meaning of Section 72 of the Code.
 
Owners, annuitants and beneficiaries under the Contracts should seek competent financial advice about the tax consequences of distributions.
 
Medicare Tax on Net Investment Income
 
Beginning in 2013, the taxable portion of distributions from a non-qualified annuity Contract will be considered investment income for purposes of the new Medicare tax on investment income.  As a result, a 3.8% tax will generally apply to some or all of the taxable portion of distributions to individuals whose modified adjusted gross income exceeds certain threshold amounts.  For 2013, these levels are $200,000 in the case of single taxpayers, $250,000 in the case of married taxpayers filing joint returns, and $125,000 in the case of married taxpayers filing separately.  Owners should consult their own tax advisers for more information.
 
Withholding Tax on Distributions
 
The Code generally requires Jackson of NY (or, in some cases, a plan administrator) to withhold tax on the taxable portion of any distribution or withdrawal from a Contract. For "eligible rollover distributions" from Contracts issued under certain types of tax-qualified plans, 20% of the distribution must be withheld, unless the payee elects to have the distribution "rolled over" to another eligible plan in a direct transfer.  This requirement is mandatory and cannot be waived by the owner.
 
An "eligible rollover distribution" is the taxable portion of any amount received by a covered employee from a plan qualified under Section 401(a) or 403(a) of the Code, from a tax sheltered annuity qualified under Section 403(b) of the Code or an eligible deferred compensation plan of a state or local government under Section 457(b) of the Code (other than (1) a series of substantially equal periodic payments (not less frequently than annually) for the life (or life expectancy) of the employee, or joint lives (or joint life expectancies) of the employee, and his or her designated beneficiary, or for a specified period of ten years or more; (2) minimum distributions required to be made under the Code; and (3) hardship withdrawals).  Failure to "roll over" the entire amount of an eligible rollover distribution (including the amount equal to the 20% portion of the distribution that was withheld) could have adverse tax consequences, including the imposition of a penalty tax on premature withdrawals, described later in this section.
 
Withdrawals or distributions from a Contract other than eligible rollover distributions are also subject to withholding on the taxable portion of the distribution, but the owner may elect in such cases to waive the withholding requirement.  If not waived, withholding is imposed (1) for periodic payments, at the rate that would be imposed if the payments were wages, or (2) for other distributions, at the rate of 10%.  If no withholding exemption certificate is in effect for the payee, the rate under (1) above is computed by treating the payee as a married individual claiming 3 withholding exemptions.
 
Generally, the amount of any payment of interest to a non-resident alien of the United States shall be subject to withholding of a tax equal to 30% of such amount or, if applicable, a lower treaty rate.  A payment may not be subject to withholding where the recipient sufficiently establishes that such payment is effectively connected to the recipient's conduct of a trade or business in the United States and such payment is included in the recipient's gross income.
 
Diversification -- Separate Account Investments
 
Section 817(h) of the Code imposes certain asset diversification standards on variable annuity Contracts. The Code provides that a variable annuity Contract will not be treated as an annuity Contract for any period (and any subsequent period) for which the investments held in any segregated asset account underlying the Contract are not adequately diversified, in accordance with regulations prescribed by the United States Treasury Department ("Treasury Department"). Disqualification of the Contract as an annuity Contract would result in imposition of federal income tax to the owner with respect to earnings allocable to the Contract prior to the receipt of payments under the Contract.  The Code contains a safe harbor provision which provides that annuity Contracts, such as the Contracts, meet the diversification requirements if, as of the last day of each calendar quarter, or within 30 days after such last day, the underlying assets meet the diversification standards for a regulated investment company, and no more than 55% of the total assets consist of cash, cash items, U.S. government securities and securities of other regulated investment companies.
 
The Treasury Department has issued Regulations establishing diversification requirements for the mutual Funds underlying variable Contracts.  These Regulations amplify the diversification requirements for variable Contracts set forth in the Code and provide an alternative to the safe harbor provision described above.  Under these Regulations, a mutual Fund will be deemed adequately diversified if (1) no more than 55% of the value of the total assets of the mutual Fund is represented by any one investment; (2) no more than 70% of the value of the total assets of the mutual Fund is represented by any two investments; (3) no more than 80% of the value of the total assets of the mutual Fund is represented by any three investments; and (4) no more than 90% of the value of the total assets of the mutual Fund is represented by any four investments.
 
Jackson of NY intends that each Fund of the JNL Series Trust will be managed by its respective investment adviser in such a manner as to comply with these diversification requirements.
 
At the time the Treasury Department issued the diversification Regulations, it did not provide guidance regarding the circumstances under which Contract owner control of the investments of a segregated asset account would cause the Contract owner to be treated as the owner of the assets of the segregated asset account.  Revenue Ruling 2003-91 provides such guidance by describing the circumstances under which the owner of a variable contract will not possess sufficient control over the assets underlying the contract to be treated as the owner of those assets for federal income tax purposes.
 
Rev. Rul. 2003-91 considered certain variable annuity and variable life insurance contracts and held that the types of actual and potential control that the contract owners could exercise over the investment assets held by the insurance company under these variable contracts was not sufficient to cause the contract owners to be treated as the owners of those assets and thus to be subject to current income tax on the income and gains produced by those assets.  Under the contracts in Rev. Rul. 2003-91 there was no arrangement, plan, contract or agreement between the contract owner and the insurance company regarding the availability of a particular investment option and other than the contract owner's right to allocate premiums and transfer funds among the available sub-accounts, all investment decisions concerning the sub-accounts were made by the insurance company or an advisor in its sole and absolute discretion.  Twelve investment options were available under the contracts in Rev. Rul. 2003-91 although the insurance company had the right to increase (but to no more than 20) or decrease the number of sub-accounts at any time.  The contract owner was permitted to transfer amounts among the various investment options without limitation, subject to incurring fees for more than one transfer per 30-day period.
 
Like the contracts described in Rev. Rul. 2003-91, under the Contract there will be no arrangement, plan, contract or agreement between a Contract owner and Jackson of NY regarding the availability of a particular Allocation Option and other than the Contract owner's right to allocate premiums and transfer funds among the available Allocation Options, all investment decisions concerning the Allocation Options will be made by Jackson of NY or an advisor in its sole and absolute discretion.  The Contract will differ from the contracts described in Rev. Rul. 2003-91 in two respects.  The first difference is that the contracts described in Rev. Rul. 2003-91 provided only 12 investment options with the insurance company having the ability to add an additional 8 options whereas the Contract currently offers 100 Investment Divisions and at least one Fixed Account option, although a Contract owner's Contract Value be allocated to no more than 18 fixed and variable options at any one time.  The second difference is that the owner of a contract in Rev. Rul. 2003-91 could only make one transfer per 30-day period without a fee whereas during the accumulation phase, a Contract owner can make 15 transfers in any one year without a charge.
 
Rev. Rul. 2003-91 states that whether the owner of a variable contract is to be treated as the owner of the assets held by the insurance company under the contract will depend on all of the facts and circumstances.  Jackson of NY does not believe that the differences between the Contract and the contracts described in Rev. Rul. 2003-91 with respect to the number of investment choices and the number of investment transfers that can be made under the Contract without an additional charge should prevent the holding in Rev. Rul. 2003-91 from applying to the owner of a Contract.  At this time, however, it cannot be determined whether additional guidance will be provided by the IRS on this issue and what standards may be contained in such guidance.  Jackson of NY reserves the right to modify the Contract to the extent required to maintain favorable tax treatment.
 
Multiple Contracts
 
The Code provides that multiple non-qualified annuity Contracts that are issued within a calendar year to the same Contract owner by one company or its affiliates are treated as one annuity Contract for purposes of determining the tax consequences of any distribution.  Such treatment may result in adverse tax consequences including more rapid taxation of the distributed amounts from such multiple Contracts.  For purposes of this rule, Contracts received in a Section 1035 exchange will be considered issued in the year of the exchange.  Owners should consult a tax adviser prior to purchasing more than one annuity Contract in any calendar year.
 
Partial 1035 Exchanges
 
In accordance with Revenue Procedure 2011-38, the IRS will consider a partial exchange of an annuity Contract for another annuity Contract valid if there is either no withdrawal from, or surrender of, either the surviving annuity contract or the new annuity contract within 180 days of the date of the partial.  Revenue Procedure 2011-38 also provides certain exceptions to the 180 day rule.  Due to the complexity of these rules, owners are encouraged to consult their own tax advisers prior to entering into a partial exchange of an annuity Contract.
 
Contracts Owned by Other than Natural Persons
 
Under Section 72(u) of the Code, the investment earnings on premiums for Contracts will be taxed currently to the owner if the owner is a non-natural person, e.g., a corporation or certain other entities.  Such Contracts generally will not be treated as annuities for federal income tax purposes (except for the taxation of life insurance companies).  However, this treatment is not applied to Contracts held by a trust or other entity as an agent for a natural person nor to Contracts held by certain tax-qualified plans.  Purchasers should consult their own tax counsel or other tax adviser before purchasing a Contract to be owned by a non-natural person.
 
Tax Treatment of Assignments
 
An assignment or pledge of a Contract may have tax consequences.  Any assignment or pledge of a tax-qualified Contract may also be prohibited by ERISA in some circumstances.  Owners should, therefore, consult competent legal advisers should they wish to assign or pledge their Contracts.
 
An assignment or pledge of all or any portion of the value of a Non-Qualified Contract is treated under Section 72 of the Code as an amount not received as an annuity.  The value of the Contract assigned or pledged that exceeds the aggregate premiums paid will be included in the individual's gross income.  In addition, the amount included in the individual's gross income could also be subject to the 10% penalty tax discussed below under Non-Qualified Contracts.
 
An assignment or pledge of all or any portion of the value of a Qualified Contract will disqualify the Qualified Contract.  If the Qualified Contract is part of a qualified pension or profit-sharing plan, the Code prohibits the assignment or alienation of benefits provided under the plan.  If the Qualified Contract is an IRA annuity or a 403(b) annuity, the Code requires the Qualified Contract to be nontransferable.  If the Qualified Contract is part of an eligible deferred compensation plan, amounts cannot be made available to plan participants or beneficiaries: (1) until the calendar year in which the participant attains age 70 1/2; (2) when the participant has a severance from employment; or (3) when the participant is faced with an unforeseeable emergency.
 
Death Benefits
 
Any death benefits paid under the Contract are taxable to the beneficiary.  The rules governing the taxation of payments from an annuity Contract, as discussed above, generally apply to the payment of death benefits and depend on whether the death benefits are paid as a lump sum or as annuity payments.  Estate or gift taxes may also apply.
 
Tax-Qualified Plans
 
The Contracts offered by the Prospectus are designed to be suitable for use under various types of tax-qualified plans.  Taxation of owners of a tax-qualified Contract will vary based on the type of plan and the terms and conditions of each specific plan.  Owners, annuitants and beneficiaries are cautioned that benefits under a tax-qualified Contract may be subject to the terms and conditions of the plan, regardless of the terms and conditions of the Contracts issued to Fund the plan. Owners, annuitant and beneficiaries are also reminded that a tax-qualified Contract will not provide any necessary or additional tax deferral if it is used to fund a tax-qualified plan that is already tax-deferred.
 
Tax Treatment of Withdrawals
 
Non-Qualified Contracts
 
Section 72 of the Code governs treatment of distributions from annuity Contracts.  It provides that if the contract value exceeds the aggregate premiums made, any amount withdrawn not in the form of an annuity payment will be treated as coming first from the earnings and then, only after the income portion is exhausted, as coming from the principal.  Withdrawn earnings are included in a taxpayer's gross income.  Section 72 further provides that a 10% penalty will apply to the income portion of any distribution.  The penalty is not imposed on amounts received: (1) after the taxpayer reaches 59 1/2; (2) upon the death of the owner; (3) if the taxpayer is totally disabled as defined in Section 72(m)(7) of the Code; (4) in a series of substantially equal periodic payments made at least annually for the life (or life expectancy) of the taxpayer or for the joint lives (or joint life expectancies) of the taxpayer and his beneficiary; (5) under an immediate annuity; or (6) which are allocable to premium payments made prior to August 14, 1982.
 
With respect to (4) above, if the series of substantially equal periodic payments is modified before the later of your attaining age 59 ½ or five years from the date of the first periodic payment, then the tax for the year of the modification is increased by an amount equal to the tax which would have been imposed (the 10% penalty tax) but for the exception, plus interest for the tax years in which the exception was used.
 
Tax-Qualified Contracts
 
In the case of a withdrawal under a tax-qualified Contract, a ratable portion of the amount received is taxable, generally based on the ratio of the individual's cost basis to the individual's total accrued benefit under the retirement plan.  Special tax rules may be available for certain distributions from a tax-qualified Contract.  Section 72(t) of the Code imposes a 10% penalty tax on the taxable portion of any distribution from qualified retirement plans, including Contracts issued and qualified under Code Sections 401 (pension and profit sharing plans), 403(b) (tax-sheltered annuities), individual retirement accounts and annuities under 408(a) and (b) (IRAs) and Roth IRAs under 408A.  To the extent amounts are not included in gross income because they have been rolled over to an IRA or to another eligible qualified plan, no tax penalty will be imposed.
 
The tax penalty will not apply to the following distributions: (1) distributions made on or after the date on which the owner or annuitant (as applicable) reaches age 59 1/2; (2) distributions following the death or disability of the owner or annuitant (as applicable) (for this purpose "disability" is defined in Section 72(m)(7) of the Code); (3) distributions that are part of a series of substantially equal periodic payments made not less frequently than annually for the life (or life expectancy) of the owner or annuitant (as applicable) or the joint lives (or joint life expectancies) of such owner or annuitant (as applicable) and his or her designated beneficiary; (4) distributions to an owner or annuitant (as applicable) who has separated from service after he has attained age 55; (5) distributions made to the owner or annuitant (as applicable) to the extent such distributions do not exceed the amount allowable as a deduction under Code Section 213 to the owner or annuitant (as applicable) for amounts paid during the taxable year for medical care; (6) distributions made to an alternate payee pursuant to a qualified domestic relations order; (7) distributions made on account of an IRS levy upon the qualified Contracts, (8) distributions from an IRA after separation from employment for the purchase of medical insurance (as described in Section 213(d)(1)(D) of the Code) for the Contract owner or annuitant (as applicable) and his or her spouse and dependents if the Contract owner or annuitant (as applicable) has received unemployment compensation for at least 12 weeks (this exception will no longer apply after the Contract owner or annuitant (as applicable) has been re-employed for at least 60 days); (9) distributions from an IRA made to the owner or annuitant (as applicable) to the extent such distributions do not exceed the qualified higher education expenses (as defined in Section 72(t)(7) of the Code) (as applicable) for the taxable year; and (10) distributions from an  IRA made to the owner or annuitant (as applicable) which are qualified first time home buyer distributions (as defined in Section 72(t)(8) of the Code).  The exceptions stated in items (4) and (6) above do not apply in the case of an IRA.  The exception stated in (3) above applies to an IRA without the requirement that there be a separation from service.
 
With respect to (3) above, if the series of substantially equal periodic payments is modified before the later of your attaining age 59 1/2 or five years from the date of the first periodic payment, then the tax for the year of the modification is increased by an amount equal to the tax which would have been imposed (the 10% penalty tax) but for the exception, plus interest for the tax years in which the exception was used.
 
Withdrawals of amounts attributable to contributions made pursuant to a salary reduction agreement (in accordance with Section 403(b)(11) of the Code) are limited to the following: when the owner attains age 59 1/2, severs employment, dies, becomes disabled (within the meaning of Section 72(m)(7) of the Code), or in the case of hardship.  Hardship withdrawals do not include any earnings on salary reduction contributions.  These limitations on withdrawals apply to: (1) salary reduction contributions made after December 31, 1988; (2) income attributable to such contributions; and (3) income attributable to amounts held as of December 31, 1988.  The limitations on withdrawals do not affect rollovers or exchanges between certain tax-qualified plans.  Tax penalties may also apply.  While the foregoing limitations only apply to certain Contracts issued in connection with Section 403(b) plans, all owners should seek competent tax advice regarding any withdrawals or distributions.
 
The taxable portion of a withdrawal or distribution from tax-qualified Contracts may, under some circumstances, be "rolled over" into another eligible plan so as to continue to defer income tax on the taxable portion.  Such treatment is available for an "eligible rollover distribution" made by certain types of plans (as described above under "Taxes – Withholding Tax on Distributions") that is transferred within 60 days of receipt into another eligible plan or an IRA.  Plans making such eligible rollover distributions are also required, with some exceptions specified in the Code, to provide for a direct transfer of the distribution to the transferee plan designated by the recipient.
 
Amounts received from IRAs may also be rolled over into other IRAs or certain other plans, subject to limitations set forth in the Code.
 
Prior to the date that annuity payments begin under an annuity Contract, the required minimum distribution rules applicable to defined contribution plans and IRAs will be used.  Generally, distributions from a tax-qualified plan must commence no later than April 1 of the calendar year following the year in which the employee attains the later of age 70 1/2 or the date of retirement.  In the case of an IRA, distributions must commence no later than April 1 of the calendar year following the year in which the owner attains age 70 1/2. Required distributions from defined contribution plans and IRAs are determined by dividing the account balance by the appropriate distribution period found in a uniform lifetime distribution table set forth in IRS regulations.  For this purpose, the entire interest under an annuity Contract is the account value under the Contract plus the actuarial value of any other benefits such as guaranteed death benefits that will be provided under the Contract.
 
If the sole beneficiary is the Contract holder's or employee's spouse and the spouse is more than 10 years younger than the employee, a longer distribution period measured by the joint life and last survivor expectancy of the Contract holder employee and spouse is permitted to be used. Distributions under a defined benefit plan or an annuity Contract must be paid in the form of periodic annuity payments for the employee's life (or the joint lives of the employee and beneficiary) or over a period certain that does not exceed the period under the uniform lifetime table for the employee's age in the year in which the annuity starting date occurs.  If the required minimum distributions are not made, a 50% penalty tax on the amount not distributed is imposed on the individual.
 
Types of Tax-Qualified Plans
 
The Contracts offered herein are designed to be suitable for use under various types of tax-qualified plans.  Taxation of participants in each tax-qualified plan varies with the type of plan and terms and conditions of each specific plan.  Owners, Annuitants and Beneficiaries are cautioned that benefits under a tax-qualified plan may be subject to the terms and conditions of the plan regardless of the terms and conditions of the Contracts issued pursuant to the plan.  Some retirement plans are subject to distribution and other requirements that are not incorporated into Jackson of NY's administrative procedures.  Jackson of NY is not bound by the terms and conditions of such plans to the extent such terms conflict with the terms of a Contract, unless Jackson of NY specifically consents to be bound.  Owners, Annuitants and Beneficiaries are responsible for determining that contributions, distributions and other transactions with respect to the Contracts comply with applicable law.
 
A tax-qualified Contract will not provide any necessary or additional tax deferral if it is used to fund a tax-qualified plan that is tax deferred.  However, the Contract has features and benefits other than tax deferral that may make it an appropriate investment for a tax-qualified plan.  Following are general descriptions of the types of tax-qualified plans with which the Contracts may be used.  Such descriptions are not exhaustive and are for general informational purposes only.  The tax rules regarding tax-qualified plans are very complex and will have differing applications depending on individual facts and circumstances.  Each purchaser should obtain competent tax advice prior to purchasing a Contract issued under a tax-qualified plan.
 
Contracts issued pursuant to tax-qualified plans include special provisions restricting Contract provisions that may otherwise be available as described herein.  Generally, Contracts issued pursuant to tax-qualified plans are not transferable except upon surrender or annuitization.  Various penalty and excise taxes may apply to contributions or distributions made in violation of applicable limitations.  Furthermore, certain withdrawal penalties and restrictions may apply to surrenders from Tax-Qualified Contracts.  (See "Tax Treatment of Withdrawals – Tax-Qualified Contracts" above.)
 
On July 6, 1983, the Supreme Court decided in Arizona Governing Committee v. Norris that benefits provided under an employer's deferred compensation plan could not, under Title VII of the Civil Rights Act of 1964, vary between men and women.  The Contracts sold by Jackson of NY in connection with certain Tax-Qualified Plans will utilize tables that do not differentiate on the basis of sex.  Such annuity tables will also be available for use in connection with certain non-qualified deferred compensation plans.
 
(a) Tax-Sheltered Annuities
 
Section 403(b) of the Code permits the purchase of "tax-sheltered annuities" by public schools and certain charitable, educational and scientific organizations described in Section 501(c) (3) of the Code. These qualifying employers may make contributions to the Contracts for the benefit of their employees. Such contributions are not included in the gross income of the employee until the employee receives distributions from the Contract. The amount of contributions to the tax-sheltered annuity is limited to certain maximums imposed by the Code.  Furthermore, the Code sets forth additional restrictions governing such items as transferability, distributions, non-discrimination and withdrawals. Employee loans are not allowed under these Contracts.  Any employee should obtain competent tax advice as to the tax treatment and suitability of such an investment.
 
(b) Individual Retirement Annuities
 
Section 408(b) of the Code permits eligible individuals to contribute to an individual retirement program known as an "individual retirement annuity" ("IRA annuity"). Under applicable limitations, certain amounts may be contributed to an IRA annuity that will be deductible from the individual's gross income.  IRA annuities are subject to limitations on eligibility, contributions, transferability and distributions.  Sales of IRA annuities are subject to special requirements imposed by the Code, including the requirement that certain informational disclosure be given to persons desiring to establish an IRA.  Purchasers of Contracts to be qualified as IRA annuities should obtain competent tax advice as to the tax treatment and suitability of such an investment.
 
(c) Roth IRA Annuities
 
Section 408A of the Code provides that individuals may purchase a non-deductible IRA annuity, known as a Roth IRA annuity.  Purchase payments for Roth IRA annuities are limited to a maximum of $5, 500 for 2013 .  The limit will be adjusted annually for inflation in $500 increments.  In addition, the Act allows individuals age 50 and older to make additional catch-up IRA contributions.  The otherwise maximum contribution limit (before application of adjusted gross income phase-out limits) for an individual who had celebrated his or her 50th birthday before the end of the tax year is increased by $1,000.  The same contribution and catch-up contributions are also available for purchasers of Traditional IRA annuities.
 
Lower maximum limitations apply to individuals above certain adjusted gross income levels.  For 2013 , these levels are $ 112 ,000 in the case of single taxpayers, $ 178 ,000 in the case of married taxpayers filing joint returns, and $0 in the case of married taxpayers filing separately.  These levels are indexed annually in $1,000 increments.  An overall $5, 500 annual limitation (increased as discussed above) continues to apply to all of a taxpayer's IRA annuity contributions, including Roth IRA annuities and non-Roth IRA annuities.
 
Qualified distributions from Roth IRA annuities are free from federal income tax.  A qualified distribution requires that the individual has held the Roth IRA annuity for at least five years and, in addition, that the distribution is made either after the individual reaches age 59 1/2, on the individual's death or disability, or as a qualified first-time home purchase, subject to a $10,000 lifetime maximum, for the individual, a spouse, child, grandchild, or ancestor.  Any distribution that is not a qualified distribution is taxable to the extent of earnings in the distribution.  Distributions are treated as made from contributions first and therefore no distributions are taxable until distributions exceed the amount of contributions to the Roth IRA annuity.  The 10% penalty tax and the regular IRA annuity exceptions to the 10% penalty tax apply to taxable distributions from Roth IRA annuities.
 
Amounts may be rolled over from one Roth IRA annuity to another Roth IRA annuity.  Furthermore, an individual may make a rollover contribution from a non-Roth IRA annuity to a Roth IRA annuity.  The individual must pay tax on any portion of the IRA annuity being rolled over that would be included in income if the distributions were not rolled over.  There are no similar limitations on rollovers from one Roth IRA annuity to another Roth IRA annuity.
 
(d) Pension and Profit-Sharing Plans
 
The Internal Revenue Code permits employers, including self-employed individuals, to establish various types of qualified retirement plans for employees.  These retirement plans may permit the purchase of the Contracts to provide benefits under the plan. Contributions to the plan for the benefit of employees will not be included in the gross income of the employee until distributed from the plan. The tax consequences to owners may vary depending upon the particular plan design.  However, the Code places limitations on all plans on such items as amount of allowable contributions; form, manner and timing of distributions; vesting and non-forfeitability of interests; nondiscrimination in eligibility and participation; and the tax treatment of distributions, transferability of benefits, withdrawals and surrenders. Purchasers of Contracts for use with pension or profit sharing plans should obtain competent tax advice as to the tax treatment and suitability of such an investment.
 
 (e) Eligible Deferred Compensation Plans -- Section 457
 
Under Code provisions, employees and independent contractors performing services for state and local governments and other tax-exempt organizations may participate in eligible deferred compensation plans under Section 457 of the Code.  The amounts deferred under a Plan that meets the requirements of Section 457 of the Code are not taxable as income to the participant until paid or otherwise made available to the participant or beneficiary.  As a general rule, the maximum amount that can be deferred in any one year is the lesser of 100% of the participant's includible compensation or the $17, 500 elective deferral limitation in 2013 .  The limit is indexed for inflation in $500 increments annually thereafter.  In addition, the Act allows individuals in eligible deferred compensation plans of state or local governments age 50 and older to make additional catch-up contributions.  The otherwise maximum contribution limit for an individual who had celebrated his or her 50th birthday before the end of the tax year is increased by $5,500. The same contribution and catch-up contributions are also available for participants in qualified pension and profit-sharing plans and tax-sheltered annuities under Section 403(b) of the Code.
 
In limited circumstances, the plan may provide for additional catch-up contributions in each of the last three years before normal retirement age.  Furthermore, the Code provides additional requirements and restrictions regarding eligibility and distributions.
 
All of the assets and income of an eligible deferred compensation plan established by a governmental employer must be held in trust for the exclusive benefit of participants and their beneficiaries.  For this purpose, custodial accounts and certain annuity Contracts are treated as trusts.  The requirement of a trust does not apply to amounts under a Plan of a tax-exempt (non-governmental) employer.  In addition, the requirement of a trust does not apply to amounts under a Plan of a governmental employer if the Plan is not an eligible plan within the meaning of section 457(b) of the Code.  In the absence of such a trust, amounts under the plan will be subject to the claims of the employer's general creditors.
 
In general, distributions from a Plan are prohibited under section 457 of the Code unless made after the participant:

attains age 70 1/2,
severs employment,
dies, or
suffers an unforeseeable financial emergency as defined in the regulations.

Under present federal tax law, amounts accumulated in a Plan of a tax-exempt (non-governmental) employer under section 457 of the Code cannot be transferred or rolled over on a tax-deferred basis except for certain transfers to other Plans under Section 457.   Amounts accumulated in a Plan of a state or local government employer may be transferred or rolled over to another eligible deferred compensation plan of a state or local government, an IRA, a qualified pension or profit-sharing plan or a tax-sheltered annuity under Section 403(b) of the Code.

Annuity Provisions

Variable Annuity Payment
 
The initial annuity payment is determined by taking the Contract value allocated to that Investment Division, less any premium tax and any applicable Contract charges, and then applying it to the income option table specified in the Contract.  The appropriate rate must be determined by the sex (except where, as in the case of certain Qualified Plans and other employer-sponsored retirement plans, such classification is not permitted) and age of the annuitant and designated second person, if any.
 
The dollars applied are divided by 1,000 and the result multiplied by the appropriate annuity factor appearing in the table to compute the amount of the first monthly payment.  That amount is divided by the value of an annuity unit as of the Income Date to establish the number of annuity units representing each variable payment.  The number of annuity units determined for the first variable payment remains constant for the second and subsequent monthly variable payments, assuming that no reallocation of Contract values is made.
 
The amount of the second and each subsequent monthly variable payment is determined by multiplying the number of annuity units by the annuity unit value as of the business day next preceding the date on which each payment is due.
 
The mortality and expense experience will not adversely affect the dollar amount of the variable annuity payments once payments have commenced.
 
Annuity Unit Value
 
The initial value of an annuity unit of each Investment Division was set when the Investment Divisions were established.  The value may increase or decrease from one business day to the next.  The income option tables contained in the Contract are based on a 1.0% per annum assumed investment rate.
The value of a fixed number of annuity units will reflect the investment performance of the Investment Divisions elected, and the amount of each payment will vary accordingly.
 
For each Investment Division, the value of an annuity unit for any business day is determined by multiplying the annuity unit value for the immediately preceding business day by the percentage change in the value of an accumulation unit from the immediately preceding business day to the business day of valuation, calculated by use of the Net Investment Factor, described below. The result is then multiplied by a second factor which offsets the effect of the assumed net investment rate of 1.0% per annum.
 
Net Investment Factor
 
The net investment factor is an index applied to measure the net investment performance of an Investment Division from one valuation date to the next. The net investment factor for any Investment Division for any valuation period during the accumulation and annuity phases is determined by dividing (a) by (b) and then subtracting (c) from the result where:

(a)
is the net result of:
 
(1)
the net asset value of a Fund's share held in the Investment Division determined as of the valuation date at the end of the valuation period, plus
 
(2)
the per share amount of any dividend or other distribution declared by the Fund if the "ex-dividend" date occurs during the valuation period, plus or minus
 
(3)
a per share credit or charge with respect to any taxes paid or reserved for by Jackson of NY during the valuation period which are determined by Jackson of NY to be attributable to the operation of the Investment Division (no federal income taxes are applicable under present law);
(b)
is the net asset value of the Fund share held in the Investment Division determined as of the valuation date at the end of the preceding valuation period; and
(c)
is the asset charge factor determined by Jackson of NY for the valuation period to reflect the asset-based charges (the mortality and expense risk charge), administration charge, and any applicable charges for optional benefits.

Also see "Income Payments (The Income Phase)" in the Prospectus.
 
 
 
 

 
 
APPENDIX A
 
 
 

 
 
 
 
 
JNLNY Separate Account I
 
 
(LOGO)
 
 
Financial Statements
 
December 31, 2012
 
 
 

 

JNLNY Separate Account I
                           
Statements of Assets and Liabilities
                               
                                       
 
    Curian Dynamic
Risk  Advantage -
Aggressive
Portfolio
  Curian Dynamic Risk  Advantage - Diversified
Portfolio
  Curian Dynamic Risk Advantage - Income
Portfolio
  Curian Guidance -
Balanced
Income
Portfolio
  Curian Guidance -
Equity 
100
Portfolio
  Curian Guidance -
Fixed 
100
Portfolio
  Curian Guidance -
Institutional
Alt 100
Portfolio
  Curian Guidance -
Institutional
Alt  65
Portfolio
  Curian Guidance -
Maximize
Income
Portfolio
  Curian Guidance -
Maximum
Growth
Portfolio
                     
                     
                     
Assets
                                                               
Investments, at value (a)
  $ 941,025     $ 2,515,049     $ 2,504,428     $ 2,454,605     $ 291,615     $ 278,023     $ 6,324,401     $ 2,615,218     $ 797,205     $ 890,114  
Receivables:
                                                                               
   Investment securities sold
    87       9,969       218       213       21       28       575       13,861       71       73  
   Sub-account units sold
    -       30,877       7,920       3,960       39,506       -       -       14,532       -       35,794  
Total assets
    941,112       2,555,895       2,512,566       2,458,778       331,142       278,051       6,324,976       2,643,611       797,276       925,981  
                                                                                 
Liabilities
                                                                               
Payables:
                                                                               
   Investment securities purchased
    -       30,877       7,920       3,960       39,506       -       -       14,532       -       35,794  
   Sub-account units redeemed
    -       9,741       -       -       -       -       -       13,632       -       -  
   Insurance fees due to Jackson
                                                                               
      of New York
    87       228       218       213       21       28       575       229       71       73  
Total liabilities
    87       40,846       8,138       4,173       39,527       28       575       28,393       71       35,867  
Net assets (Note 7)
  $ 941,025     $ 2,515,049     $ 2,504,428     $ 2,454,605     $ 291,615     $ 278,023     $ 6,324,401     $ 2,615,218     $ 797,205     $ 890,114  
                                                                                 
(a)  Investment shares
    98,640       251,505       244,812       233,106       28,257       27,582       618,221       250,500       75,066       85,753  
       Investments at cost
  $ 956,699     $ 2,522,778     $ 2,476,191     $ 2,410,845     $ 286,733     $ 277,536     $ 6,159,030     $ 2,526,800     $ 776,965     $ 857,740  
 
See notes to the financial statements.
 
 
Page 1

 
 
JNLNY Separate Account I
                     
Statements of Assets and Liabilities
                               
                                       
 
   
Curian Guidance -
Moderate
Growth
Portfolio
 
Curian Guidance -
Rising
Income
Portfolio
 
Curian Guidance -
Tactical
Maximum Growth
Portfolio
 
Curian Guidance -
Tactical
Moderate Growth
Portfolio
 
Curian
Tactical
Advantage 35
Portfolio
  Curian
Tactical
Advantage 60 Portfolio
  Curian
Tactical
Advantage 75 Portfolio
  Curian/
American Funds Growth
Portfolio
  Curian/
DFA U.S.
Micro Cap
Portfolio
 
Curian/Epoch
Global Shareholder
Yield
Portfolio
                     
                     
                     
Assets
                                                           
Investments, at value (a)
  $ 4,376,528     $ 1,462,790     $ 1,446,409     $ 4,623,016     $ 1,394,233     $ 1,450,674     $ 800,888     $ 444,616     $ 13,912     $ 140,804  
Receivables:
                                                                               
   Investment securities sold
    375       131       127       437       135       10,378       69       41       1       12  
   Sub-account units sold
    35,794       -       10,000       7,000       3,960       35,794       -       -       -       -  
Total assets
    4,412,697       1,462,921       1,456,536       4,630,453       1,398,328       1,496,846       800,957       444,657       13,913       140,816  
                                                                                 
Liabilities
                                                                               
Payables:
                                                                               
   Investment securities purchased
    35,794       -       10,000       7,000       3,960       35,794       -       -       -       -  
   Sub-account units redeemed
    -       -       -       -       -       10,250       -       -       -       -  
   Insurance fees due to Jackson
                                                                               
      of New York
    375       131       127       437       135       128       69       41       1       12  
Total liabilities
    36,169       131       10,127       7,437       4,095       46,172       69       41       1       12  
Net assets (Note 7)
  $ 4,376,528     $ 1,462,790     $ 1,446,409     $ 4,623,016     $ 1,394,233     $ 1,450,674     $ 800,888     $ 444,616     $ 13,912     $ 140,804  
                                                                                 
(a)  Investment shares
    415,625       139,446       140,976       447,100       134,839       139,220       76,348       41,631       1,376       13,309  
       Investments at cost
  $ 4,210,845     $ 1,424,390     $ 1,403,507     $ 4,495,522     $ 1,384,837     $ 1,417,788     $ 772,526     $ 429,271     $ 13,037     $ 140,868  
 
See notes to the financial statements.

 
Page 2

 

JNLNY Separate Account I
                               
Statements of Assets and Liabilities
                               
                                       
 
   
Curian/FAMCO
 
Curian/Franklin
 
Curian/Franklin
 
Curian/
 
Curian/Nicholas
 
Curian/
 
Curian/
 
Curian/The
 
Curian/The Boston
 
Curian/
   
Flex Core
 
Templeton Frontier
 
Templeton Natural
 
Neuberger Berman
 
Convertible
 
PIMCO
 
Pinebridge Merger
 
Boston Company
 
Company Multi-
 
Van Eck
   
Covered Call
 
Markets
 
Resources
 
Currency
 
Arbitrage
 
Credit Income
 
Arbitrage
 
Equity Income
 
Alpha Market Neutral
 
International Gold
   
Portfolio
 
Portfolio
 
Portfolio
 
Portfolio
 
Portfolio
 
Portfolio
 
Portfolio
 
Portfolio
 
Equity Portfolio
 
Portfolio
Assets
                                                           
Investments, at value (a)
  $ 1,103,849     $ 508     $ 473,709     $ 184,233     $ 1,101,196     $ 639,570     $ 2,265,542     $ 257,739     $ 821,892     $ 182,419  
Receivables:
                                                                               
   Investment securities sold
    98       -       40       16       99       55       204       22       74       16  
   Sub-account units sold
    9,239       -       7,249       9,711       14,248       40,000       17,248       5,043       4,507       7,747  
Total assets
    1,113,186       508       480,998       193,960       1,115,543       679,625       2,282,994       262,804       826,473       190,182  
                                                                                 
Liabilities
                                                                               
Payables:
                                                                               
   Investment securities purchased
    9,239       -       7,249       9,711       14,248       40,000       17,248       5,043       4,507       7,747  
   Sub-account units redeemed
    -       -       -       -       -       -       -       -       -       -  
   Insurance fees due to Jackson
                                                                               
      of New York
    98       -       40       16       99       55       204       22       74       16  
Total liabilities
    9,337       -       7,289       9,727       14,347       40,055       17,452       5,065       4,581       7,763  
Net assets (Note 7)
  $ 1,103,849     $ 508     $ 473,709     $ 184,233     $ 1,101,196     $ 639,570     $ 2,265,542     $ 257,739     $ 821,892     $ 182,419  
                                                                                 
(a)  Investment shares
    108,220       49       53,831       18,241       107,329       60,680       224,756       24,088       80,815       20,224  
       Investments at cost
  $ 1,110,907     $ 500     $ 471,342     $ 183,892     $ 1,091,448     $ 632,359     $ 2,253,928     $ 250,226     $ 827,767     $ 194,652  
 
See notes to the financial statements.
 
 
Page 3

 

JNLNY Separate Account I
Statements of Assets and Liabilities
   
JNL Disciplined
Growth

Portfolio
 
JNL Disciplined
Moderate

Portfolio
 
JNL Disciplined
Moderate

Growth Portfolio
 
JNL Institutional
Alt 20

Portfolio
 
JNL Institutional
Alt 35

Portfolio
 
JNL Institutional
Alt 50

Portfolio
 
JNL Institutional
Alt 65

Portfolio
 
JNL/American
Funds Balanced

Allocation

Portfolio
 
JNL/American
Funds Blue Chip

Income and

Growth Portfolio
 
JNL/American
Funds Global

Bond Portfolio
Assets
                                                           
Investments, at value (a)
  $ 17,076,038     $ 49,738,492     $ 51,478,741     $ 57,284,828     $ 65,669,046     $ 94,135,826     $ 42,385,896     $ 5,737,072     $ 40,132,456     $ 20,920,859  
Receivables:
                                                                               
   Investment securities sold
    4,153       10,803       89,657       13,017       13,822       24,393       7,570       1,146       14,217       4,913  
   Sub-account units sold
    250       9,279       1,566       116,767       22,369       103,946       1,736       63,662       126,003       167,142  
Total assets
    17,080,441       49,758,574       51,569,964       57,414,612       65,705,237       94,264,165       42,395,202       5,801,880       40,272,676       21,092,914  
                                                                                 
Liabilities
                                                                               
Payables:
                                                                               
   Investment securities purchased
    250       9,279       1,566       116,767       22,369       103,946       1,736       63,662       126,003       167,142  
   Sub-account units redeemed
    1,941       4,380       83,200       5,769       5,256       12,273       2,314       396       9,122       2,207  
   Insurance fees due to Jackson
of New York
    2,212       6,423       6,457       7,248       8,566       12,120       5,256       750       5,095       2,706  
Total liabilities
    4,403       20,082       91,223       129,784       36,191       128,339       9,306       64,808       140,220       172,055  
Net assets (Note 7)
  $ 17,076,038     $ 49,738,492     $ 51,478,741     $ 57,284,828     $ 65,669,046     $ 94,135,826     $ 42,385,896     $ 5,737,072     $ 40,132,456     $ 20,920,859  
                                                                                 
(a)  Investment shares
    1,895,232       4,683,474       5,274,461       3,865,373       4,294,902       6,045,975       2,764,899       550,583       3,498,906       1,876,310  
 Investments at cost
  $ 15,523,622     $ 45,846,356     $ 47,688,262     $ 54,335,709     $ 63,507,788     $ 91,139,929     $ 42,981,159     $ 5,538,255     $ 36,926,158     $ 20,507,623  
 
See notes to the financial statements.
 
 
Page 4

 
 
JNLNY Separate Account I
Statements of Assets and Liabilities
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
 
   
JNL/American
Funds Global

Small Capitalization

Portfolio
 
JNL/American
Funds Growth

Allocation

Portfolio
 
JNL/American
Funds

Growth-Income

Portfolio
 
JNL/American
Funds

International

Portfolio
 
JNL/American
Funds New

World Portfolio
 
JNL/AQR
Managed Futures

Strategy

Portfolio
 
JNL/BlackRock
Commodity

Securities

Portfolio
 
JNL/BlackRock
Global Allocation

Portfolio
 
JNL/Brookfield
Global

Infrastructure

Portfolio
 
JNL/Capital
Guardian Global

Balanced

Portfolio
Assets
                                                           
Investments, at value (a)
  $ 13,337,403     $ 4,260,308     $ 48,187,652     $ 19,106,585     $ 21,332,231     $ 1,647,411     $ 43,539,664     $ 66,293,202     $ 4,763,215     $ 20,484,618  
Receivables:
                                                                               
   Investment securities sold
    4,416       865       14,982       21,062       29,365       143       31,383       13,308       994       28,183  
   Sub-account units sold
    41,217       -       18,367       18,057       77,310       15,413       62,245       121,701       20,585       3,589  
Total assets
    13,383,036       4,261,173       48,221,001       19,145,704       21,438,906       1,662,967       43,633,292       66,428,211       4,784,794       20,516,390  
                                                                                 
Liabilities
                                                                               
Payables:
                                                                               
   Investment securities purchased
    41,217       -       18,367       18,057       77,310       15,413       62,245       121,701       20,585       3,589  
   Sub-account units redeemed
    2,716       274       8,956       18,594       26,587       -       25,730       4,850       434       25,492  
   Insurance fees due to Jackson
                                                                               
      of New York
    1,700       591       6,026       2,468       2,778       143       5,653       8,458       560       2,691  
Total liabilities
    45,633       865       33,349       39,119       106,675       15,556       93,628       135,009       21,579       31,772  
Net assets (Note 7)
  $ 13,337,403     $ 4,260,308     $ 48,187,652     $ 19,106,585     $ 21,332,231     $ 1,647,411     $ 43,539,664     $ 66,293,202     $ 4,763,215     $ 20,484,618  
                                                                                 
(a)  Investment shares
    1,282,443       408,075       4,083,699       1,783,995       1,899,575       164,906       4,256,077       6,104,346       387,568       2,060,827  
       Investments at cost
  $ 13,018,852     $ 4,105,899     $ 43,287,247     $ 18,166,929     $ 20,048,326     $ 1,577,560     $ 43,044,909     $ 63,503,830     $ 4,477,804     $ 19,313,017  
 
See notes to the financial statements.
 
 
Page 5

 
 
JNLNY Separate Account I
Statements of Assets and Liabilities
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
 
   
JNL/Capital
Guardian Global

Diversified

Research Portfolio
 
JNL/DFA U.S.
Core Equity

Portfolio
 
JNL/Eagle
SmallCap Equity

Portfolio
 
JNL/Eastspring
Investments

Asia ex-Japan

Portfolio
 
JNL/Eastspring
Investments

China-India

Portfolio
 
JNL/Franklin
Templeton Founding

Strategy Portfolio
 
JNL/Franklin
Templeton

Global Growth

Portfolio
 
JNL/Franklin
Templeton Global

Multisector Bond

Portfolio
 
JNL/Franklin
Templeton

Income Portfolio
 
JNL/Franklin
Templeton Inter-

national Small Cap

Growth Portfolio
Assets
                                                           
Investments, at value (a)
  $ 11,953,005     $ 9,007,936     $ 46,088,757     $ 11,644,501     $ 26,374,969     $ 71,830,814     $ 15,856,082     $ 11,176,090     $ 85,710,826     $ 13,432,458  
Receivables:
                                                                               
   Investment securities sold
    25,304       2,757       21,132       6,873       11,418       83,478       14,194       8,091       93,312       52,280  
   Sub-account units sold
    729       61,961       59,902       46,831       317,652       1,029       32,044       45,073       59,129       33,694  
Total assets
    11,979,038       9,072,654       46,169,791       11,698,205       26,704,039       71,915,321       15,902,320       11,229,254       85,863,267       13,518,432  
                                                                                 
Liabilities
                                                                               
Payables:
                                                                               
   Investment securities purchased
    729       61,961       59,902       46,831       317,652       1,029       32,044       45,073       59,129       33,694  
   Sub-account units redeemed
    23,771       1,598       15,041       5,349       7,958       74,099       12,182       6,628       82,316       50,502  
   Insurance fees due to Jackson
                                                                               
      of New York
    1,533       1,159       6,091       1,524       3,460       9,379       2,012       1,463       10,996       1,778  
Total liabilities
    26,033       64,718       81,034       53,704       329,070       84,507       46,238       53,164       152,441       85,974  
Net assets (Note 7)
  $ 11,953,005     $ 9,007,936     $ 46,088,757     $ 11,644,501     $ 26,374,969     $ 71,830,814     $ 15,856,082     $ 11,176,090     $ 85,710,826     $ 13,432,458  
                                                                                 
(a)  Investment shares
    470,406       1,105,268       2,024,100       1,416,606       3,573,844       7,374,827       1,752,053       943,927       8,032,880       1,552,885  
       Investments at cost
  $ 10,396,648     $ 8,270,654     $ 42,782,606     $ 11,405,929     $ 26,073,998     $ 65,088,816     $ 14,192,291     $ 10,443,536     $ 81,162,697     $ 11,366,213  
 
See notes to the financial statements.
 
 
Page 6

 
 
JNLNY Separate Account I
Statements of Assets and Liabilities
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
 
   
JNL/Franklin
Templeton Mutual

Shares Portfolio
 
JNL/Franklin
Templeton

Small Cap

Value Portfolio
 
JNL/
Goldman Sachs

Core Plus

Bond Portfolio
 
JNL/Goldman
Sachs Emerging

Markets Debt

Portfolio
 
JNL/
Goldman Sachs

Mid Cap

Value Portfolio
 
JNL/Goldman
Sachs U.S.

Equity Flex

Portfolio
 
JNL/Invesco
Global Real Estate

Portfolio
 
JNL/Invesco
International

Growth Portfolio
 
JNL/Invesco
Large Cap

Growth Portfolio
 
JNL/Invesco
Small Cap

Growth Portfolio
Assets
                                                           
Investments, at value (a)
  $ 28,473,350     $ 22,556,820     $ 41,803,856     $ 17,699,908     $ 26,407,147     $ 6,830,643     $ 36,326,284     $ 23,664,147     $ 21,018,147     $ 15,231,396  
Receivables:
                                                                               
   Investment securities sold
    19,172       9,476       15,364       6,715       7,773       34,147       39,061       18,244       4,513       4,150  
   Sub-account units sold
    3,339       8,981       389,712       -       31,279       4,788       61,956       28,653       7,956       17,410  
Total assets
    28,495,861       22,575,277       42,208,932       17,706,623       26,446,199       6,869,578       36,427,301       23,711,044       21,030,616       15,252,956  
                                                                                 
Liabilities
                                                                               
Payables:
                                                                               
   Investment securities purchased
    3,339       8,981       389,712       -       31,279       4,788       61,956       28,653       7,956       17,410  
   Sub-account units redeemed
    15,579       6,510       9,949       4,450       4,363       33,256       34,347       15,181       1,805       2,179  
   Insurance fees due to Jackson
                                                                               
      of New York
    3,593       2,966       5,415       2,265       3,410       891       4,714       3,063       2,708       1,971  
Total liabilities
    22,511       18,457       405,076       6,715       39,052       38,935       101,017       46,897       12,469       21,560  
Net assets (Note 7)
  $ 28,473,350     $ 22,556,820     $ 41,803,856     $ 17,699,908     $ 26,407,147     $ 6,830,643     $ 36,326,284     $ 23,664,147     $ 21,018,147     $ 15,231,396  
                                                                                 
(a)  Investment shares
    3,091,569       1,800,225       3,360,439       1,253,535       2,387,626       784,230       3,676,749       2,173,016       1,640,761       1,065,133  
       Investments at cost
  $ 25,726,778     $ 18,799,648     $ 41,644,824     $ 16,663,933     $ 24,124,968     $ 6,095,472     $ 31,898,078     $ 22,090,700     $ 20,159,080     $ 13,965,190  
 
See notes to the financial statements.
 
 
Page 7

 

JNLNY Separate Account I
                                         
Statements of Assets and Liabilities
                                         
                                                           
                                                             
                     
JNL/JPMorgan
                                   
   
JNL/Ivy
 
JNL/JPMorgan
 
JNL/JPMorgan
 
U.S. Government
 
JNL/Lazard
 
JNL/Lazard
 
JNL/M&G
 
JNL/M&G
 
JNL/MCM
     
   
Asset Strategy
 
International
 
MidCap Growth
 
& Quality Bond
 
Emerging Markets
 
Mid Cap
 
Global Basics
 
Global Leaders
  10 x 10  
JNL/MCM
   
Portfolio
 
Value Portfolio
 
Portfolio
 
Portfolio
 
Portfolio
 
Equity Portfolio
 
Portfolio
 
Portfolio
 
Portfolio
 
25 Portfolio
Assets
                                                             
Investments, at value (a)
  $ 81,632,635     $ 21,941,720     $ 17,298,627     $ 41,936,655     $ 45,232,631     $ 15,966,519     $ 3,676,345     $ 2,503,847     $ 34,975,056     $ 32,851,876  
Receivables:
                                                                               
   Investment securities sold
    79,903       33,493       3,828       9,520       58,288       25,978       660       537       7,265       22,401  
   Sub-account units sold
    122,837       3,841       15,618       66,900       73       6,064       449       5       1,310       23,015  
Total assets
    81,835,375       21,979,054       17,318,073       42,013,075       45,290,992       15,998,561       3,677,454       2,504,389       34,983,631       32,897,292  
                                                                                 
Liabilities
                                                                               
Payables:
                                                                               
   Investment securities purchased
    122,837       3,841       15,618       66,900       73       6,064       449       5       1,310       23,015  
   Sub-account units redeemed
    69,197       30,611       1,659       4,045       52,417       23,840       194       202       2,844       18,024  
   Insurance fees due to Jackson
of New York
    10,706       2,882       2,169       5,475       5,871       2,138       466       335       4,421       4,377  
Total liabilities
    202,740       37,334       19,446       76,420       58,361       32,042       1,109       542       8,575       45,416  
Net assets (Note 7)
  $ 81,632,635     $ 21,941,720     $ 17,298,627     $ 41,936,655     $ 45,232,631     $ 15,966,519     $ 3,676,345     $ 2,503,847     $ 34,975,056     $ 32,851,876  
                                                                                 
(a)  Investment shares
    6,599,243       3,086,037       789,892       2,976,342       3,943,560       1,368,168       269,132       211,831       3,929,782       2,159,887  
       Investments at cost
  $ 74,158,849     $ 23,888,991     $ 14,494,796     $ 40,576,810     $ 42,550,623     $ 15,328,645     $ 3,656,552     $ 2,406,036     $ 31,482,058     $ 28,518,114  
 
See notes to the financial statements.
 
 
Page 8

 

JNLNY Separate Account I
                                           
Statements of Assets and Liabilities
                                     
                                                             
                           
JNL/MCM Dow
                             
   
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
Jones U.S. Contrarian
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
   
Bond Index
 
Communications
 
Consumer Brands
 
Dow Dividend
 
Opportunities
 
Emerging Markets
 
European 30
 
Financial
 
Global Alpha
 
Healthcare
   
Portfolio
 
Sector Portfolio
 
Sector Portfolio
 
Portfolio
 
Index Portfolio
 
Index Portfolio
 
Portfolio
 
Sector Portfolio
 
Portfolio
 
Sector Portfolio
Assets
                                                           
Investments, at value (a)
  $ 32,939,031     $ 10,005,035     $ 12,971,577     $ 29,351,739     $ 432,517     $ 8,490,579     $ 1,887,352     $ 19,350,480     $ 2,443,875     $ 27,338,903  
Receivables:
                                                                               
   Investment securities sold
    12,646       1,768       10,843       7,815       81       2,004       1,179       16,171       428       10,115  
   Sub-account units sold
    132,776       3,020       9,505       3,273       5,000       -       -       35,467       10,354       15,035  
Total assets
    33,084,453       10,009,823       12,991,925       29,362,827       437,598       8,492,583       1,888,531       19,402,118       2,454,657       27,364,053  
                                                                                 
Liabilities
                                                                               
Payables:
                                                                               
   Investment securities purchased
    132,776       3,020       9,505       3,273       5,000       -       -       35,467       10,354       15,035  
   Sub-account units redeemed
    8,309       498       9,145       3,941       19       928       935       13,586       138       6,523  
   Insurance fees due to Jackson
of New York
    4,337       1,270       1,698       3,874       62       1,076       244       2,585       290       3,592  
Total liabilities
    145,422       4,788       20,348       11,088       5,081       2,004       1,179       51,638       10,782       25,150  
Net assets (Note 7)
  $ 32,939,031     $ 10,005,035     $ 12,971,577     $ 29,351,739     $ 432,517     $ 8,490,579     $ 1,887,352     $ 19,350,480     $ 2,443,875     $ 27,338,903  
                                                                                 
(a)  Investment shares
    2,695,502       2,605,478       1,031,127       3,966,451       42,321       795,743       185,763       2,493,619       239,596       1,869,966  
       Investments at cost
  $ 32,022,312     $ 9,724,466     $ 11,769,392     $ 28,256,227     $ 418,951     $ 7,975,464     $ 1,969,886     $ 17,511,849     $ 2,497,907     $ 23,645,801  
 
See notes to the financial statements.
 
 
Page 9

 
 
JNLNY Separate Account I
                                         
Statements of Assets and Liabilities
                                   
                                                           
                                                             
                                                             
   
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
   
Index 5
 
International
 
JNL 5
 
JNL Optimized
 
Nasdaq 25
 
NYSE International
 
Oil & Gas
 
Pacific Rim 30
 
S&P 24
 
S&P 400 MidCap
   
Portfolio
 
Index Portfolio
 
Portfolio
 
5 Portfolio
 
Portfolio
 
25 Portfolio
 
Sector Portfolio
 
Portfolio
 
Portfolio
 
Index Portfolio
Assets
                                                           
Investments, at value (a)
  $ 50,449,226     $ 36,273,145     $ 229,094,158     $ 31,818,153     $ 14,651,467     $ 5,790,870     $ 46,920,660     $ 4,073,645     $ 2,336,780     $ 40,766,118  
Receivables:
                                                                               
   Investment securities sold
    15,790       51,100       145,533       7,780       6,474       3,180       25,372       914       589       81,891  
   Sub-account units sold
    245,093       5,008       289,547       1,731       7,966       332       57,850       26       -       6,366  
Total assets
    50,710,109       36,329,253       229,529,238       31,827,664       14,665,907       5,794,382       47,003,882       4,074,585       2,337,369       40,854,375  
                                                                                 
Liabilities
                                                                               
Payables:
                                                                               
   Investment securities purchased
    245,093       5,008       289,547       1,731       7,966       332       57,850       26       -       6,366  
   Sub-account units redeemed
    9,097       46,237       114,567       3,441       4,541       2,368       19,153       392       288       76,527  
Insurance fees due to Jackson
of New York
    6,693       4,863       30,966       4,339       1,933       812       6,219       522       301       5,364  
Total liabilities
    260,883       56,108       435,080       9,511       14,440       3,512       83,222       940       589       88,257  
Net assets (Note 7)
  $ 50,449,226     $ 36,273,145     $ 229,094,158     $ 31,818,153     $ 14,651,467     $ 5,790,870     $ 46,920,660     $ 4,073,645     $ 2,336,780     $ 40,766,118  
                                                                                 
(a)  Investment shares
    4,965,475       2,968,342       24,294,184       3,648,871       1,058,632       989,892       1,663,263       318,752       215,371       2,819,234  
       Investments at cost
  $ 43,441,842     $ 37,106,700     $ 242,805,783     $ 31,476,550     $ 13,356,675     $ 6,756,058     $ 45,414,426     $ 3,878,786     $ 2,162,079     $ 37,208,734  
 
See notes to the financial statements.
 
 
Page 10

 
 
JNLNY Separate Account I
                                   
Statements of Assets and Liabilities
                                   
                                                           
                                                             
                                             
JNL/Morgan
 
JNL/Neuberger
 
JNL/
   
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
       
Stanley Mid
 
Berman
 
Oppenheimer
   
S&P 500
 
S&P SMid
 
Select Small-Cap
 
Small Cap
 
Technology
 
Value Line 30
 
JNL/MCM
 
Cap Growth
 
Strategic Income
 
Global Growth
   
Index Portfolio
 
60 Portfolio
 
Portfolio
 
Index Portfolio
 
Sector Portfolio
 
Portfolio
 
VIP Portfolio
 
Portfolio
 
Portfolio
 
Portfolio
Assets
                                                           
Investments, at value (a)
  $ 123,527,232     $ 6,871,198     $ 8,647,025     $ 34,921,556     $ 32,856,335     $ 23,651,955     $ 12,771,060     $ 702,259     $ 3,679,521     $ 32,151,640  
Receivables:
                                                                               
   Investment securities sold
    66,152       2,371       2,250       87,996       7,665       8,539       3,457       140       707       95,411  
   Sub-account units sold
    365,153       2,359       1,874       2,670       24,448       22,083       732       -       1,917       4,051  
Total assets
    123,958,537       6,875,928       8,651,149       35,012,222       32,888,448       23,682,577       12,775,249       702,399       3,682,145       32,251,102  
                                                                                 
Liabilities
                                                                               
Payables:
                                                                               
   Investment securities purchased
    365,153       2,359       1,874       2,670       24,448       22,083       732       -       1,917       4,051  
   Sub-account units redeemed
    50,156       1,447       1,142       83,292       3,272       5,351       1,701       47       230       91,208  
   Insurance fees due to Jackson
of New York
    15,996       924       1,108       4,704       4,393       3,188       1,756       93       477       4,203  
Total liabilities
    431,305       4,730       4,124       90,666       32,113       30,622       4,189       140       2,624       99,462  
Net assets (Note 7)
  $ 123,527,232     $ 6,871,198     $ 8,647,025     $ 34,921,556     $ 32,856,335     $ 23,651,955     $ 12,771,060     $ 702,259     $ 3,679,521     $ 32,151,640  
                                                                                 
(a)  Investment shares
    10,450,696       658,792       671,875       2,723,990       4,446,053       2,142,387       1,756,680       73,535       349,101       2,820,319  
       Investments at cost
  $ 112,370,433     $ 6,575,745     $ 8,505,138     $ 31,437,046     $ 33,391,279     $ 27,838,986     $ 13,721,947     $ 680,636     $ 3,590,837     $ 28,836,872  
 
See notes to the financial statements.
 
 
Page 11

 
 
JNLNY Separate Account I
Statements of Assets and Liabilities
December 31, 2012
 
   
JNL/PIMCO
Real Return
Portfolio
 
JNL/PIMCO
Total Return
Bond Portfolio
 
JNL/PPM
America Floating
Rate Income
Portfolio
 
JNL/
PPM America
High Yield
Bond Portfolio
 
JNL/
PPM America
Mid Cap Value
Portfolio
 
JNL/
PPM America
Small Cap Value
Portfolio
 
JNL/
PPM America
Value Equity
Portfolio
 
JNL/
Red Rocks Listed
Private Equity
Portfolio
 
JNL/S&P 4
Portfolio
 
JNL/S&P
Competitive
Advantage
Portfolio
Assets
                                                           
Investments, at value (a)
  $ 111,530,096     $ 259,260,755     $ 14,169,753     $ 71,645,790     $ 5,314,032     $ 4,598,282     $ 5,002,537     $ 12,551,919     $ 67,213,715     $ 14,020,729  
Receivables:
                                                                               
   Investment securities sold
    36,156       668,218       3,541       28,781       2,653       2,750       5,532       7,870       14,433       3,076  
   Sub-account units sold
    183,510       752,992       91,851       198,773       2,079       -       5,190       14,893       19,655       8,336  
Total assets
    111,749,762       260,681,965       14,265,145       71,873,344       5,318,764       4,601,032       5,013,259       12,574,682       67,247,803       14,032,141  
                                                                                 
Liabilities
                                                                               
Payables:
                                                                               
   Investment securities purchased
    183,510       752,992       91,851       198,773       2,079       -       5,190       14,893       19,655       8,336  
   Sub-account units redeemed
    21,639       634,354       1,693       19,393       1,974       2,185       4,907       6,257       5,754       1,270  
   Insurance fees due to Jackson
of New York
    14,517       33,864       1,848       9,388       679       565       625       1,613       8,679       1,806  
Total liabilities
    219,666       1,421,210       95,392       227,554       4,732       2,750       10,722       22,763       34,088       11,412  
Net assets (Note 7)
  $ 111,530,096     $ 259,260,755     $ 14,169,753     $ 71,645,790     $ 5,314,032     $ 4,598,282     $ 5,002,537     $ 12,551,919     $ 67,213,715     $ 14,020,729  
                                                                                 
(a)  Investment shares
    8,652,451       19,851,513       1,336,769       9,937,003       499,439       472,103       385,998       1,345,329       5,601,143       1,118,080  
      Investments at cost
  $ 110,974,139     $ 254,835,487     $ 13,839,405     $ 67,827,686     $ 5,262,329     $ 4,309,748     $ 4,650,537     $ 12,967,470     $ 56,528,024     $ 13,328,373  
 
See notes to the financial statements.
 
 
Page 12

 
 
JNLNY Separate Account I
Statements of Assets and Liabilities
December 31, 2012
 
   
JNL/S&P
Dividend Income
& Growth
Portfolio
 
JNL/S&P
Intrinsic Value
Portfolio
 
JNL/
S&P Managed
Aggressive
Growth Portfolio
 
JNL/
S&P Managed
Conservative
Portfolio
 
JNL/
S&P Managed
Growth Portfolio
 
JNL/
S&P Managed
Moderate
Portfolio
 
JNL/
S&P Managed
Moderate
Growth Portfolio
 
JNL/S&P
Total Yield
Portfolio
 
JNL/T. Rowe
Price Established
Growth Portfolio
 
JNL/T. Rowe
Price Mid-Cap
Growth Portfolio
Assets
                                                           
Investments, at value (a)
  $ 55,100,331     $ 13,730,943     $ 77,047,755     $ 146,423,862     $ 221,039,821     $ 236,191,700     $ 325,921,448     $ 5,496,383     $ 101,080,085     $ 95,964,608  
Receivables:
                                                                               
   Investment securities sold
    18,554       3,889       67,162       47,088       73,433       170,333       140,300       2,663       66,620       79,024  
   Sub-account units sold
    60,207       15,045       136,882       8,297       2,891       69,006       113,570       -       92,472       48,949  
Total assets
    55,179,092       13,749,877       77,251,799       146,479,247       221,116,145       236,431,039       326,175,318       5,499,046       101,239,177       96,092,581  
                                                                                 
Liabilities
                                                                               
Payables:
                                                                               
   Investment securities purchased
    60,207       15,045       136,882       8,297       2,891       69,006       113,570       -       92,472       48,949  
   Sub-account units redeemed
    11,428       2,110       56,569       27,833       44,759       139,749       98,301       1,960       53,501       66,545  
   Insurance fees due to Jackson
of New York
    7,126       1,779       10,593       19,255       28,674       30,584       41,999       703       13,119       12,479  
Total liabilities
    78,761       18,934       204,044       55,385       76,324       239,339       253,870       2,663       159,092       127,973  
Net assets (Note 7)
  $ 55,100,331     $ 13,730,943     $ 77,047,755     $ 146,423,862     $ 221,039,821     $ 236,191,700     $ 325,921,448     $ 5,496,383     $ 101,080,085     $ 95,964,608  
                                                                                 
(a)  Investment shares
    4,837,606       1,256,262       5,828,121       12,721,448       18,668,904       19,948,623       26,627,569       530,539       4,056,183       3,293,226  
      Investments at cost
  $ 53,253,578     $ 13,544,381     $ 70,422,992     $ 141,208,332     $ 204,114,969     $ 225,385,608     $ 307,675,526     $ 5,072,732     $ 86,700,973     $ 91,549,489  
 
See notes to the financial statements.
 
 
Page 13

 
 
JNLNY Separate Account I
Statements of Assets and Liabilities
December 31, 2012
 
   
JNL/T. Rowe
Price Short-Term
Bond Portfolio
 
JNL/T. Rowe
Price Value
Portfolio
 
JNL/UBS
Large Cap
Select Growth
Portfolio
 
JNL/WMC
Balanced
Portfolio
 
JNL/WMC
Money Market
Portfolio
 
JNL/WMC
Value
Portfolio
Assets
                                   
Investments, at value (a)
  $ 31,282,681     $ 47,218,037     $ 24,074,798     $ 98,608,356     $ 45,025,672     $ 27,687,894  
Receivables:
                                               
   Investment securities sold
    55,126       38,008       32,144       57,038       25,090       33,611  
   Sub-account units sold
    63,770       36,125       8,010       52,366       40,765       41,347  
Total assets
    31,401,577       47,292,170       24,114,952       98,717,760       45,091,527       27,762,852  
                                                 
Liabilities
                                               
Payables:
                                               
   Investment securities purchased
    63,770       36,125       8,010       52,366       40,765       41,347  
   Sub-account units redeemed
    51,076       31,889       29,018       44,687       19,320       29,956  
   Insurance fees due to Jackson
of New York
    4,050       6,119       3,126       12,351       5,770       3,655  
Total liabilities
    118,896       74,133       40,154       109,404       65,855       74,958  
Net assets (Note 7)
  $ 31,282,681     $ 47,218,037     $ 24,074,798     $ 98,608,356     $ 45,025,672     $ 27,687,894  
                                                 
(a)   Investment shares
    3,109,610       3,826,421       1,118,717       5,432,967       45,025,672       1,493,414  
       Investments at cost
  $ 31,257,412     $ 42,686,364     $ 22,408,018     $ 88,748,076     $ 45,025,672     $ 25,130,191  
 
See notes to the financial statements.
 
 
Page 14

 
 
JNLNY Separate Account I
Statements of Operations
For the Year Ended December 31, 2012
 
    Curian Dynamic
Risk Advantage-
Aggressive
Portfolio(a)
  Curian Dynamic
Risk Advantage -
Diversified
Portfolio(a)
  Curian Dynamic
Risk Advantage -
Income
Portfolio(a)
  Curian Guidance-
Balanced
Income
Portfolio(a)
  Curian Guidance-
Equity
100
Portfolio(b)
  Curian Guidance-
Fixed
100
Portfolio(b)
  Curian Guidance-
Institutional
Alt 100
Portfolio(a)
  Curian Guidance-
Institutional
Alt 65
Portfolio(a)
  Curian Guidance-
Maximize
Income
Portfolio(a)
  Curian Guidance-
Maximum
Growth
Portfolio(a)
Investment income
                                                           
   Dividends
  $ -     $ -     $ 25,473     $ -     $ -     $ -     $ -     $ -     $ -     $ -  
                                                                                 
Expenses
                                                                               
   Insurance charges (Note 3)
    3,775       7,768       7,848       5,675       163       787       21,098       7,541       2,729       3,039  
Total expenses
    3,775       7,768       7,848       5,675       163       787       21,098       7,541       2,729       3,039  
Net investment gain (loss)
    (3,775 )     (7,768 )     17,625       (5,675 )     (163 )     (787 )     (21,098 )     (7,541 )     (2,729 )     (3,039 )
                                                                                 
Realized and unrealized gain (loss)
                                                                               
Net realized gain (loss) on:
                                                                               
   Distributions from investment companies
    -       23,595       6,736       -       -       -       -       -       -       -  
   Investments
    (204 )     128       245       90       (565 )     1       3,126       748       255       486  
Net change in unrealized appreciation
                                                                               
   (depreciation) on investments
    (15,674 )     (7,729 )     28,237       43,760       4,882       487       165,371       88,418       20,240       32,374  
Net realized and unrealized gain (loss)
    (15,878 )     15,994       35,218       43,850       4,317       488       168,497       89,166       20,495       32,860  
                                                                                 
Net increase (decrease) in net assets
                                                                               
   from operations
  $ (19,653 )   $ 8,226     $ 52,843     $ 38,175     $ 4,154     $ (299 )   $ 147,399     $ 81,625     $ 17,766     $ 29,821  
 
(a) Commencement of operations February 6, 2012.
(b) Commencement of operations September 10, 2012.
 
See notes to the financial statements.
 
 
Page 15

 
 
JNLNY Separate Account I
Statements of Operations
For the Year Ended December 31, 2012
 
    Curian Guidance-
Moderate
Growth
Portfolio(a)
  Curian Guidance -
Rising
Income
Portfolio(a)
  Curian Guidance -
Tactical
Maximum Growth
Portfolio(a)
  Curian Guidance -
Tactical
Moderate Growth
Portfolio(a)
  Curian
Tactical
Advantage 35
Portfolio(a)   
  Curian
Tactical
Advantage 60
Portfolio(a)
  Curian
Tactical
Advantage 75
Portfolio(a)
  Curian/
American Funds
Growth
Portfolio(a)
  Curian/
DFA U.S.
Micro Cap
Portfolio(b)
  Curian/Epoch
Global Shareholder
Yield
Portfolio(a)
Investment income
                                                           
   Dividends
  $ -     $ -     $ -     $ -     $ 10,102     $ 12,168     $ 7,345     $ -     $ -     $ 1,615  
                                                                                 
Expenses
                                                                               
   Insurance charges (Note 3)
    14,556       4,249       5,007       16,008       3,178       4,833       3,725       1,254       14       193  
Total expenses
    14,556       4,249       5,007       16,008       3,178       4,833       3,725       1,254       14       193  
Net investment gain (loss)
    (14,556 )     (4,249 )     (5,007 )     (16,008 )     6,924       7,335       3,620       (1,254 )     (14 )     1,422  
                                                                                 
Realized and unrealized gain (loss)
                                                                               
Net realized gain (loss) on:
                                                                               
   Distributions from investment companies
    -       -       -       -       1,800       2,596       2,979       -       -       -  
   Investments
    4,711       155       386       347       1,058       450       (27,629 )     192       1       1  
Net change in unrealized appreciation
                                                                               
   (depreciation) on investments
    165,683       38,400       42,902       127,494       9,396       32,886       28,362       15,345       875       (64 )
Net realized and unrealized gain (loss)
    170,394       38,555       43,288       127,841       12,254       35,932       3,712       15,537       876       (63 )
                                                                                 
Net increase (decrease) in net assets
                                                                               
   from operations
  $ 155,838     $ 34,306     $ 38,281     $ 111,833     $ 19,178     $ 43,267     $ 7,332     $ 14,283     $ 862     $ 1,359  
 
(a) Commencement of operations February 6, 2012.
(b) Commencement of operations September 10, 2012.
 
See notes to the financial statements.
 
 
Page 16

 
 
JNLNY Separate Account I
Statements of Operations
For the Year Ended December 31, 2012
 
   
Curian/FAMCO
Flex Core
Covered Call
Portfolio(a)
 
Curian/Franklin
Templeton Frontier
Markets
Portfolio(b)
 
Curian/Franklin
Templeton Natural
Resources
Portfolio(a)
 
Curian/
Neuberger Berman
Currency
Portfolio(b)
 
Curian/Nicholas
Convertible
Arbitrage
Portfolio(a)
 
Curian/
PIMCO
Credit Income
Portfolio(a)
 
Curian/
Pinebridge Merger
Arbitrage
Portfolio(a)
 
Curian/The
Boston Company
Equity Income
Portfolio(a)
  Curian/The Boston
Company Multi-
Alpha Market Neutral
Equity Portfolio(a)
 
Curian/
Van Eck
International Gold
Portfolio(b)
Investment income
                                                           
   Dividends
  $ 8,892     $ -     $ 2,167     $ -     $ -     $ 5,570     $ -     $ 2,450     $ -     $ -  
                                                                                 
Expenses
                                                                               
   Insurance charges (Note 3)
    2,636       -       1,292       338       3,078       2,362       6,488       637       2,239       309  
Total expenses
    2,636       -       1,292       338       3,078       2,362       6,488       637       2,239       309  
Net investment gain (loss)
    6,256       -       875       (338 )     (3,078 )     3,208       (6,488 )     1,813       (2,239 )     (309 )
                                                                                 
Realized and unrealized gain (loss)
                                                                               
Net realized gain (loss) on:
                                                                               
   Distributions from investment companies
    -       -       854       -       -       1,003       -       718       -       -  
   Investments
    (126 )     -       (339 )     47       565       1,278       (144 )     17       (188 )     (2,637 )
Net change in unrealized appreciation
                                                                               
   (depreciation) on investments
    (7,058 )     8       2,367       341       9,748       7,211       11,614       7,513       (5,875 )     (12,233 )
Net realized and unrealized gain (loss)
    (7,184 )     8       2,882       388       10,313       9,492       11,470       8,248       (6,063 )     (14,870 )
                                                                                 
Net increase (decrease) in net assets
                                                                               
   from operations
  $ (928 )   $ 8     $ 3,757     $ 50     $ 7,235     $ 12,700     $ 4,982     $ 10,061     $ (8,302 )   $ (15,179 )
 
(a) Commencement of operations February 6, 2012.
(b) Commencement of operations September 10, 2012.
 
See notes to the financial statements.
 
 
Page 17

 
 
JNLNY Separate Account I
Statements of Operations
For the Year Ended December 31, 2012
 
                                             
JNL/American
   
JNL/American
       
   
JNL Disciplined
   
JNL Disciplined
   
JNL Disciplined
   
JNL Institutional
   
JNL Institutional
   
JNL Institutional
   
JNL Institutional
   
Funds Balanced
   
Funds Blue Chip
   
JNL/American
 
   
Growth
   
Moderate
   
Moderate
   
Alt 20
   
Alt 35
   
Alt 50
   
Alt 65
   
Allocation
   
Income and
   
Funds Global
 
   
Portfolio
   
Portfolio
   
Growth Portfolio
   
Portfolio
   
Portfolio
   
Portfolio
   
Portfolio
   
Portfolio(a)
   
Growth Portfolio
   
Bond Portfolio
 
Investment income
                                                           
   Dividends
  $ 176,652     $ 648,585     $ 619,516     $ 778,074     $ 952,453     $ 1,471,251     $ 1,065,050     $ -     $ 332,544     $ 371,959  
                                                                                 
Expenses
                                                                               
   Insurance charges (Note 3)
    237,876       669,640       653,661       738,598       804,666       1,190,361       676,536       27,509       507,196       299,387  
Total expenses
    237,876       669,640       653,661       738,598       804,666       1,190,361       676,536       27,509       507,196       299,387  
Net investment gain (loss)
    (61,224 )     (21,055 )     (34,145 )     39,476       147,787       280,890       388,514       (27,509 )     (174,652 )     72,572  
                                                                                 
Realized and unrealized gain (loss)
                                                                               
Net realized gain (loss) on:
                                                                               
   Distributions from investment companies
    447,080       1,450,298       1,480,559       1,193,439       1,672,937       2,300,516       2,396,186       -       41,573       158,634  
   Investments
    213,060       560,825       473,291       334,342       272,407       358,643       223,330       10,930       450,098       132,484  
Net change in unrealized appreciation
                                                                               
  (depreciation) on investments
    1,206,147       2,537,717       3,034,832       2,582,511       2,494,072       3,367,262       905,495       198,817       2,860,524       346,300  
Net realized and unrealized gain (loss)
    1,866,287       4,548,840       4,988,682       4,110,292       4,439,416       6,026,421       3,525,011       209,747       3,352,195       637,418  
                                                                                 
Net increase (decrease) in net assets
                                                                               
   from operations
  $ 1,805,063     $ 4,527,785     $ 4,954,537     $ 4,149,768     $ 4,587,203     $ 6,307,311     $ 3,913,525     $ 182,238     $ 3,177,543     $ 709,990  
 
(a) Commencement of operations April 30, 2012.
 
See notes to the financial statements.
 
 
Page 18

 

JNLNY Separate Account I
Statements of Operations
For the Year Ended December 31, 2012
 
                                                             
   
JNL/American
   
JNL/American
   
JNL/American
   
JNL/American
         
JNL/AQR
   
JNL/BlackRock
         
JNL/Brookfield
   
JNL/Capital
 
   
Funds Global
   
Funds Growth
   
Funds
   
Funds
   
JNL/American
   
Managed Futures
   
Commodity
   
JNL/BlackRock
   
Global
   
Guardian Global
 
   
Small Capitalization
   
Allocation
   
Growth-Income
   
International
   
Funds New
   
Strategy
   
Securities
   
Global Allocation
   
Infrastructure
   
Balanced
 
   
Portfolio
   
Portfolio(a)
   
Portfolio
   
Portfolio
   
World Portfolio
   
Portfolio
   
Portfolio
   
Portfolio
   
Portfolio
   
Portfolio
 
Investment income
                                                           
   Dividends
  $ 81,180     $ -     $ 321,444     $ 184,707     $ 184,936     $ -     $ -     $ -     $ 1,303     $ 402,678  
                                                                                 
Expenses
                                                                               
   Insurance charges (Note 3)
    169,934       16,911       608,670       243,861       271,935       4,588       684,912       676,514       30,991       319,881  
Total expenses
    169,934       16,911       608,670       243,861       271,935       4,588       684,912       676,514       30,991       319,881  
Net investment gain (loss)
    (88,754 )     (16,911 )     (287,226 )     (59,154 )     (86,999 )     (4,588 )     (684,912 )     (676,514 )     (29,688 )     82,797  
                                                                                 
Realized and unrealized gain (loss)
                                                                               
Net realized gain (loss) on:
                                                                               
   Distributions from investment companies
    99,933       -       38,776       32,862       74,410       -       -       -       -       -  
   Investments
    (59,592 )     6,380       532,513       (84,243 )     (27,696 )     650       75,918       202,300       37,677       107,584  
Net change in unrealized appreciation
                                                                               
  (depreciation) on investments
    1,617,547       154,409       4,950,540       2,372,871       2,520,253       69,851       104,638       3,236,115       284,046       1,916,450  
Net realized and unrealized gain (loss)
    1,657,888       160,789       5,521,829       2,321,490       2,566,967       70,501       180,556       3,438,415       321,723       2,024,034  
                                                                                 
Net increase (decrease) in net assets
                                                                               
   from operations
  $ 1,569,134     $ 143,878     $ 5,234,603     $ 2,262,336     $ 2,479,968     $ 65,913     $ (504,356 )   $ 2,761,901     $ 292,035     $ 2,106,831  
                                                                                 
(a) Commencement of operations April 30, 2012.
 
See notes to the financial statements.
 
 
Page 19

 

JNLNY Separate Account I
Statements of Operations
For the Year Ended December 31, 2012
 
   
JNL/Capital
               
JNL/Eastspring
   
JNL/Eastspring
         
JNL/Franklin
   
JNL/Franklin
         
JNL/Franklin
 
   
Guardian Global
   
JNL/DFA U.S.
   
JNL/Eagle
   
Investments
   
Investments
   
JNL/Franklin
   
Templeton
   
Templeton Global
   
JNL/Franklin
   
Templeton Inter-
 
   
Diversified
   
Core Equity
   
SmallCap Equity
   
Asia ex-Japan
   
China-India
   
Templeton Founding
   
Global Growth
   
Multisector Bond
   
Templeton
   
national Small Cap
 
   
Research Portfolio
   
Portfolio
   
Portfolio
   
Portfolio
   
Portfolio
   
Strategy Portfolio
   
Portfolio
   
Portfolio
   
Income Portfolio
   
Growth Portfolio
 
Investment income
                                                           
   Dividends
  $ 137,172     $ 74,724     $ -     $ 67,764     $ 175,805     $ 1,476,745     $ 215,372     $ 18,002     $ 3,654,826     $ 172,628  
                                                                                 
Expenses
                                                                               
   Insurance charges (Note 3)
    182,319       132,946       664,702       158,944       364,699       1,074,334       216,532       84,039       1,232,762       170,364  
Total expenses
    182,319       132,946       664,702       158,944       364,699       1,074,334       216,532       84,039       1,232,762       170,364  
Net investment gain (loss)
    (45,147 )     (58,222 )     (664,702 )     (91,180 )     (188,894 )     402,411       (1,160 )     (66,037 )     2,422,064       2,264  
                                                                                 
Realized and unrealized gain (loss)
                                                                               
Net realized gain (loss) on:
                                                                               
   Distributions from investment companies
    -       -       344,130       458,446       -       -       -       333       -       -  
   Investments
    198,544       145,307       327,419       (57,355 )     (792,629 )     663,746       123,838       59,185       961,393       101,042  
Net change in unrealized appreciation
                                                                               
  (depreciation) on investments
    1,419,746       821,579       4,339,371       1,493,871       5,518,026       7,724,363       2,418,508       732,554       4,216,780       2,378,559  
Net realized and unrealized gain (loss)
    1,618,290       966,886       5,010,920       1,894,962       4,725,397       8,388,109       2,542,346       792,072       5,178,173       2,479,601  
                                                                                 
Net increase (decrease) in net assets
                                                                               
   from operations
  $ 1,573,143     $ 908,664     $ 4,346,218     $ 1,803,782     $ 4,536,503     $ 8,790,520     $ 2,541,186     $ 726,035     $ 7,600,237     $ 2,481,865  
 
See notes to the financial statements.
 
 
Page 20

 
 
JNLNY Separate Account I
Statements of Operations
For the Year Ended December 31, 2012
 
                                                             
         
JNL/Franklin
   
JNL/
   
JNL/Goldman
   
JNL/
   
JNL/Goldman
                         
   
JNL/Franklin
   
Templeton
   
Goldman Sachs
   
Sachs Emerging
   
Goldman Sachs
   
Sachs U.S.
   
JNL/Invesco
   
JNL/Invesco
   
JNL/Invesco
   
JNL/Invesco
 
   
Templeton Mutual
   
Small Cap
   
Core Plus
   
Markets Debt
   
Mid Cap
   
Equity Flex
   
Global Real Estate
   
International
   
Large Cap
   
Small Cap
 
   
Shares Portfolio
   
Value Portfolio
   
Bond Portfolio
   
Portfolio
   
Value Portfolio
   
Portfolio
   
Portfolio
   
Growth Portfolio
   
Growth Portfolio
   
Growth Portfolio
 
Investment income
                                                           
   Dividends
  $ 398,864     $ 49,568     $ 888,707     $ -     $ 263,751     $ 24,760     $ 221,831     $ 369,383     $ -     $ -  
                                                                                 
Expenses
                                                                               
   Insurance charges (Note 3)
    398,574       301,517       577,043       271,547       354,835       100,007       453,989       340,279       299,508       231,785  
Total expenses
    398,574       301,517       577,043       271,547       354,835       100,007       453,989       340,279       299,508       231,785  
Net investment gain (loss)
    290       (251,949 )     311,664       (271,547 )     (91,084 )     (75,247 )     (232,158 )     29,104       (299,508 )     (231,785 )
                                                                                 
Realized and unrealized gain (loss)
                                                                               
Net realized gain (loss) on:
                                                                               
   Distributions from investment companies
    -       25,486       1,383,654       386,220       255,160       -       -       -       599,571       471,659  
   Investments
    343,464       420,677       300,329       (24,191 )     52,256       119,160       857,034       91,804       298,826       633,949  
Net change in unrealized appreciation
                                                                               
  (depreciation) on investments
    2,487,460       2,641,641       68,687       2,790,665       3,075,322       953,169       5,783,573       2,702,162       1,185,108       1,018,552  
Net realized and unrealized gain (loss)
    2,830,924       3,087,804       1,752,670       3,152,694       3,382,738       1,072,329       6,640,607       2,793,966       2,083,505       2,124,160  
                                                                                 
Net increase (decrease) in net assets
                                                                               
   from operations
  $ 2,831,214     $ 2,835,855     $ 2,064,334     $ 2,881,147     $ 3,291,654     $ 997,082     $ 6,408,449     $ 2,823,070     $ 1,783,997     $ 1,892,375  
 
See notes to the financial statements.

 
Page 21

 

JNLNY Separate Account I
Statements of Operations
For the Year Ended December 31, 2012
 
                     
JNL/JPMorgan
                                   
   
JNL/Ivy
 
JNL/JPMorgan
 
JNL/JPMorgan
 
U.S. Government
 
JNL/Lazard
 
JNL/Lazard
 
JNL/M&G
 
JNL/M&G
 
JNL/MCM
     
   
Asset Strategy
 
International
 
MidCap Growth
 
& Quality Bond
 
Emerging Markets
 
Mid Cap
 
Global Basics
 
Global Leaders
  10 x 10  
JNL/MCM
   
Portfolio
 
Value Portfolio
 
Portfolio
 
Portfolio
 
Portfolio
 
Equity Portfolio
 
Portfolio
 
Portfolio
 
Portfolio
 
25 Portfolio
Investment income
                                                             
Dividends
  $ 76,890     $ 933,631     $ -     $ 926,060     $ 882,117     $ 41,192     $ 39,672     $ 25,204     $ 785,950     $ 660,853  
                                                                                 
Expenses
                                                                               
Insurance charges (Note 3)
    1,089,780       312,480       317,241       651,683       697,417       250,995       51,984       36,417       513,626       462,262  
Total expenses
    1,089,780       312,480       317,241       651,683       697,417       250,995       51,984       36,417       513,626       462,262  
Net investment gain (loss)
    (1,012,890 )     621,151       (317,241 )     274,377       184,700       (209,803 )     (12,312 )     (11,213 )     272,324       198,591  
                                                                                 
Realized and unrealized gain (loss)
                                                                               
Net realized gain (loss) on:
                                                                               
Distributions from investment companies
    -       -       -       -       1,064,825       -       95,283       4,400       315,712       152,998  
Investments
    461,763       (695,597 )     2,017,300       879,639       135,008       115,399       (10,151 )     6,493       292,730       1,024,170  
Net change in unrealized appreciation
                                                                               
(depreciation) on investments
    9,932,722       2,914,609       948,263       (365,976 )     6,667,333       956,931       102,653       280,431       3,517,826       2,657,089  
Net realized and unrealized gain (loss)
    10,394,485       2,219,012       2,965,563       513,663       7,867,166       1,072,330       187,785       291,324       4,126,268       3,834,257  
                                                                                 
Net increase (decrease) in net assets                                                                                
   from operations
  $ 9,381,595     $ 2,840,163     $ 2,648,322     $ 788,040     $ 8,051,866     $ 862,527     $ 175,473     $ 280,111     $ 4,398,592     $ 4,032,848  
 
See notes to the financial statements.
 
 
Page 22

 

JNLNY Separate Account I
Statements of Operations
For the Year Ended December 31, 2012
 
                           
JNL/MCM Dow
                             
   
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
Jones U.S. Contrarian
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
   
Bond Index
 
Communications
 
Consumer Brands
 
Dow Dividend
 
Opportunities
 
Emerging Markets
 
European 30
 
Financial
 
Global Alpha
 
Healthcare
   
Portfolio
 
Sector Portfolio
 
Sector Portfolio
 
Portfolio
 
Index Portfolio(a)
 
Index Portfolio
 
Portfolio
 
Sector Portfolio
 
Portfolio
 
Sector Portfolio
Investment income
                                                           
Dividends
  $ 713,137     $ 209,661     $ 50,367     $ 811,939     $ -     $ 2,850     $ 62,449     $ 171,972     $ -     $ 202,554  
                                                                                 
Expenses
                                                                               
Insurance charges (Note 3)
    494,606       97,078       139,799       435,695       1,527       107,218       27,624       267,942       33,881       374,100  
Total expenses
    494,606       97,078       139,799       435,695       1,527       107,218       27,624       267,942       33,881       374,100  
Net investment gain (loss)
    218,531       112,583       (89,432 )     376,244       (1,527 )     (104,368 )     34,825       (95,970 )     (33,881 )     (171,546 )
                                                                                 
Realized and unrealized gain (loss)
                                                                               
Net realized gain (loss) on:
                                                                               
Distributions from investment companies
    139,201       -       379,442       -       -       -       27,611       -       39,663       123,878  
Investments
    371,966       51,950       320,764       90,234       4,758       (29,190 )     (26,570 )     223,553       5,711       764,152  
Net change in unrealized appreciation
                                                                               
(depreciation) on investments
    (166,497 )     453,434       880,309       1,896,014       13,566       515,520       101,443       2,779,326       (90,843 )     2,626,202  
Net realized and unrealized gain (loss)
    344,670       505,384       1,580,515       1,986,248       18,324       486,330       102,484       3,002,879       (45,469 )     3,514,232  
                                                                                 
Net increase (decrease) in assets                                                                                
   from operations
  $ 563,201     $ 617,967     $ 1,491,083     $ 2,362,492     $ 16,797     $ 381,962     $ 137,309     $ 2,906,909     $ (79,350 )   $ 3,342,686  
                                                                                 
(a) Commencement of operations April 30, 2012.
                                                                         
 
See notes to the financial statements.
 
 
Page 23

 

JNLNY Separate Account I
Statements of Operations
For the Year Ended December 31, 2012
 
   
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
   
Index 5
 
International
 
JNL 5
 
JNL Optimized
 
Nasdaq 25
 
NYSE International
 
Oil & Gas
 
Pacific Rim 30
 
S&P 24
 
S&P 400 MidCap
   
Portfolio
 
Index Portfolio
 
Portfolio
 
5 Portfolio
 
Portfolio
 
25 Portfolio
 
Sector Portfolio
 
Portfolio
 
Portfolio
 
Index Portfolio
Investment income
                                                           
   Dividends
  $ 713,676     $ 907,949     $ 6,662,641     $ 900,051     $ 28,645     $ 213,096     $ 504,887     $ 70,280     $ 10,880     $ 394,371  
                                                                                 
Expenses
                                                                               
Insurance charges (Note 3)
    780,654       556,678       3,846,577       534,765       175,690       95,244       729,233       57,751       36,501       637,517  
Total expenses
    780,654       556,678       3,846,577       534,765       175,690       95,244       729,233       57,751       36,501       637,517  
Net investment gain (loss)
    (66,978 )     351,271       2,816,064       365,286       (147,045 )     117,852       (224,346 )     12,529       (25,621 )     (243,146 )
                                                                                 
Realized and unrealized gain (loss)
                                                                               
Net realized gain (loss) on:
                                                                               
Distributions from investment companies
    1,378,999       -       -       -       96,189       -       163,613       87,976       182,671       1,092,496  
Investments
    907,317       (1,019,153 )     (6,523,630 )     (124,266 )     410,014       (456,091 )     453,917       26,669       115,471       972,065  
Net change in unrealized appreciation
                                                                               
(depreciation) on investments
    3,141,736       5,706,522       38,036,245       3,465,234       966,832       882,647       727,065       237,385       (60,193 )     3,653,096  
Net realized and unrealized gain (loss)
    5,428,052       4,687,369       31,512,615       3,340,968       1,473,035       426,556       1,344,595       352,030       237,949       5,717,657  
                                                                                 
Net increase (decrease) in net assets                                                                                
    from operations
  $ 5,361,074     $ 5,038,640     $ 34,328,679     $ 3,706,254     $ 1,325,990     $ 544,408     $ 1,120,249     $ 364,559     $ 212,328     $ 5,474,511  
 
See notes to the financial statements.
 
 
Page 24

 

JNLNY Separate Account I
Statements of Operations
For the Year Ended December 31, 2012
 
                                             
JNL/Morgan
 
JNL/Neuberger
 
JNL/
   
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
       
Stanley Mid
 
Berman
 
Oppenheimer
   
S&P 500
 
S&P SMid
 
Select Small-Cap
 
Small Cap
 
Technology
 
Value Line 30
 
JNL/MCM
 
Cap Growth
 
Strategic Income
 
Global Growth
   
Index Portfolio
 
60 Portfolio
 
Portfolio
 
Index Portfolio
 
Sector Portfolio
 
Portfolio
 
VIP Portfolio
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio
Investment income
                                                           
Dividends
  $ 1,802,636     $ 53,014     $ 13,102     $ 545,650     $ 90,365     $ 15,737     $ 263,376     $ 2,688     $ -     $ 304,755  
                                                                                 
Expenses
                                                                               
Insurance charges (Note 3)
    1,736,746       129,667       130,697       546,305       533,952       421,521       210,528       3,616       17,108       459,988  
Total expenses
    1,736,746       129,667       130,697       546,305       533,952       421,521       210,528       3,616       17,108       459,988  
Net investment gain (loss)
    65,890       (76,653 )     (117,595 )     (655 )     (443,587 )     (405,784 )     52,848       (928 )     (17,108 )     (155,233 )
                                                                                 
Realized and unrealized gain (loss)
                                                                               
Net realized gain (loss) on:
                                                                               
Distributions from investment companies
    960,875       460,832       -       956,874       1,726,856       -       -       -       -       -  
Investments
    3,349,202       397,543       (46,012 )     807,663       1,215,605       (2,740,895 )     (299,860 )     (668 )     1,731       163,825  
Net change in unrealized appreciation
                                                                               
(depreciation) on investments
    8,409,990       161,270       1,253,449       2,445,233       (1,690,618 )     5,286,994       1,478,700       21,623       88,684       4,926,547  
Net realized and unrealized gain (loss)
    12,720,067       1,019,645       1,207,437       4,209,770       1,251,843       2,546,099       1,178,840       20,955       90,415       5,090,372  
                                                                                 
Net increase (decrease) in net assets                                                                                 
   from operations
  $ 12,785,957     $ 942,992     $ 1,089,842     $ 4,209,115     $ 808,256     $ 2,140,315     $ 1,231,688     $ 20,027     $ 73,307     $ 4,935,139  
                                                                                 
(a) Commencement of operations April 30, 2012.
                                                                         
 
See notes to the financial statements.
 
 
Page 25

 
 
JNLNY Separate Account I
Statements of Operations
For the Year Ended December 31, 2012
 
   
JNL/PIMCO
Real Return
Portfolio
 
JNL/PIMCO
Total Return
Bond Portfolio
 
JNL/PPM
America Floating
Rate Income
Portfolio
 
JNL/
PPM America
High Yield
Bond Portfolio
 
JNL/
PPM America
Mid Cap Value
Portfolio
 
JNL/
PPM America
Small Cap Value
Portfolio
 
JNL/
PPM America
Value Equity
Portfolio
 
JNL/
Red Rocks Listed
Private Equity
Portfolio
 
JNL/S&P 4
Portfolio
 
JNL/S&P
Competitive
Advantage
Portfolio
Investment income
                                                           
   Dividends
  $ 1,972,493     $ 4,779,775     $ 310,252     $ 3,655,291     $ 21,306     $ 42,438     $ 69,149     $ -     $ 1,178,870     $ 71,276  
                                                                                 
Expenses
                                                                               
   Insurance charges (Note 3)
    1,523,355       3,629,273       150,793       991,322       92,754       59,537       76,818       175,964       999,528       161,967  
Total expenses
    1,523,355       3,629,273       150,793       991,322       92,754       59,537       76,818       175,964       999,528       161,967  
Net investment gain (loss)
    449,138       1,150,502       159,459       2,663,969       (71,448 )     (17,099 )     (7,669 )     (175,964 )     179,342       (90,691 )
                                                                                 
Realized and unrealized gain (loss)
                                                                               
Net realized gain (loss) on:
                                                                               
   Distributions from investment companies
    6,178,528       4,973,024       -       -       312,631       106,228       -       144,483       2,489,962       175,319  
   Investments
    1,591,266       2,387,316       72,186       1,227,458       50,452       (4,956 )     65,988       (336,736 )     2,370,155       443,132  
Net change in unrealized appreciation
  
(depreciation) on investments
    (2,385,725 )     4,771,291       292,882       4,456,995       98,449       528,451       538,731       3,047,111       3,044,553       555,984  
Net realized and unrealized gain (loss)
    5,384,069       12,131,631       365,068       5,684,453       461,532       629,723       604,719       2,854,858       7,904,670       1,174,435  
                                                                                 
Net increase (decrease) in net assets
  
from operations
  $ 5,833,207     $ 13,282,133     $ 524,527     $ 8,348,422     $ 390,084     $ 612,624     $ 597,050     $ 2,678,894     $ 8,084,012     $ 1,083,744  
 
See notes to the financial statements.
 
 
Page 26

 
 
JNLNY Separate Account I
Statements of Operations
For the Year Ended December 31, 2012
 
   
JNL/S&P
Dividend Income
& Growth
Portfolio
 
JNL/S&P
Intrinsic Value
Portfolio
 
JNL/
S&P Managed
Aggressive
Growth Portfolio
 
JNL/
S&P Managed
Conservative
Portfolio
 
JNL/
S&P Managed
Growth Portfolio
 
JNL/
S&P Managed
Moderate
Portfolio
 
JNL/
S&P Managed
Moderate
Growth Portfolio
 
JNL/S&P
Total Yield
Portfolio
 
JNL/T. Rowe
Price Established
Growth Portfolio
 
JNL/T. Rowe
Price Mid-Cap
Growth Portfolio
Investment income
                                                           
   Dividends
  $ 798,691     $ 129,553     $ 651,583     $ 3,197,209     $ 2,504,092     $ 3,937,428     $ 4,448,750     $ 44,628     $ -     $ 185,399  
                                                                                 
Expenses
                                                                               
   Insurance charges (Note 3)
    709,406       262,692       1,219,566       2,046,796       3,304,588       3,385,280       4,708,624       66,086       1,369,389       1,379,989  
Total expenses
    709,406       262,692       1,219,566       2,046,796       3,304,588       3,385,280       4,708,624       66,086       1,369,389       1,379,989  
Net investment gain (loss)
    89,285       (133,139 )     (567,983 )     1,150,413       (800,496 )     552,148       (259,874 )     (21,458 )     (1,369,389 )     (1,194,590 )
                                                                                 
Realized and unrealized gain (loss)
                                                                               
Net realized gain (loss) on:
                                                                               
   Distributions from investment companies
    2,253,070       312,755       -       1,862,542       6,415,844       6,748,601       10,182,680       51,073       -       4,146,958  
   Investments
    2,040,316       (118,897 )     1,587,330       898,949       2,958,310       2,544,808       3,114,085       29,363       2,888,230       1,512,892  
Net change in unrealized appreciation
  
(depreciation) on investments
    (184,294 )     1,671,075       7,895,559       4,416,025       17,038,150       8,045,593       19,516,744       649,348       10,309,235       4,701,229  
Net realized and unrealized gain (loss)
    4,109,092       1,864,933       9,482,889       7,177,516       26,412,304       17,339,002       32,813,509       729,784       13,197,465       10,361,079  
                                                                                 
Net increase (decrease) in net assets
  
from operations
  $ 4,198,377     $ 1,731,794     $ 8,914,906     $ 8,327,929     $ 25,611,808     $ 17,891,150     $ 32,553,635     $ 708,326     $ 11,828,076     $ 9,166,489  
 
See notes to the financial statements.
 
 
Page 27

 
 
JNLNY Separate Account I
Statements of Operations
For the Year Ended December 31, 2012
 
    
JNL/T. Rowe
Price Short-Term
Bond Portfolio
 
JNL/T. Rowe
Price Value
Portfolio
 
JNL/UBS
Large Cap
Select Growth
Portfolio
 
JNL/WMC
Balanced
Portfolio
 
JNL/WMC
Money Market
Portfolio
 
JNL/WMC
Value
Portfolio
Investment income
                                   
   Dividends
  $ 271,262     $ 565,682     $ 36,144     $ 1,177,853     $ 359     $ 594,768  
                                                 
Expenses
                                               
   Insurance charges (Note 3)
    406,283       641,970       382,385       1,392,097       696,044       418,437  
Total expenses
    406,283       641,970       382,385       1,392,097       696,044       418,437  
Net investment gain (loss)
    (135,021 )     (76,288 )     (346,241 )     (214,244 )     (695,685 )     176,331  
                                                 
Realized and unrealized gain (loss)
                                               
Net realized gain (loss) on:
                                               
   Distributions from investment companies
    -       -       2,002,491       719,433       135       891,948  
   Investments
    135,700       619,932       523,124       1,392,582       -       592,716  
Net change in unrealized appreciation
  
(depreciation) on investments
    154,565       5,684,098       (269,135 )     5,122,678       -       1,717,038  
Net realized and unrealized gain (loss)
    290,265       6,304,030       2,256,480       7,234,693       135       3,201,702  
                                                 
Net increase (decrease) in net assets
  
from operations
  $ 155,244     $ 6,227,742     $ 1,910,239     $ 7,020,449     $ (695,550 )   $ 3,378,033  

See notes to the financial statements.
 
 
Page 28

 
 
JNLNY Separate Account I
Statements of Changes in Net Assets
For the Year Ended December 31, 2012
 
   
Curian Dynamic
   
Curian Dynamic
   
Curian Dynamic
   
Curian Guidance -
   
Curian Guidance -
   
Curian Guidance -
   
Curian Guidance -
   
Curian Guidance -
   
Curian Guidance -
   
Curian Guidance -
 
   
Risk Advantage -
   
Risk Advantage -
   
Risk Advantage -
   
Balanced
   
Equity
   
Fixed
   
Institutional
   
Institutional
   
Maximize
   
Maximum
 
   
Aggressive
   
Diversified
   
Income
   
Income
    100     100    
Alt 100
   
Alt 65
   
Income
   
Growth
 
   
Portfolio(a)
   
Portfolio(a)
   
Portfolio(a)
   
Portfolio(a)
   
Portfolio(b)
   
Portfolio(b)
   
Portfolio(a)
   
Portfolio(a)
   
Portfolio(a)
   
Portfolio(a)
 
Operations
                                                               
   Net investment income (loss)
  $ (3,775 )   $ (7,768 )   $ 17,625     $ (5,675 )   $ (163 )   $ (787 )   $ (21,098 )   $ (7,541 )   $ (2,729 )   $ (3,039 )
   Net realized gain (loss) on investments
    (204 )     23,723       6,981       90       (565 )     1       3,126       748       255       486  
   Net change in unrealized appreciation
                                                                               
      (depreciation) on investments
    (15,674 )     (7,729 )     28,237       43,760       4,882       487       165,371       88,418       20,240       32,374  
Net increase (decrease) in net assets
                                                                               
   from operations
    (19,653 )     8,226       52,843       38,175       4,154       (299 )     147,399       81,625       17,766       29,821  
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    874,113       2,484,977       2,439,861       2,384,678       312,217       278,322       6,093,097       2,317,373       790,707       842,958  
   Surrenders and terminations
    (13,021 )     (7,164 )     (5,122 )     (4,233 )     (58 )     -       (3,416 )     (59 )     (11,268 )     -  
   Transfers between portfolios
    99,586       29,020       16,846       35,985       (24,698 )     -       87,321       216,279       -       17,335  
   Net annuitization transactions
    -       -       -       -       -       -       -       -       -       -  
   Policyholder charges (Note 3)
    -       (10 )     -       -       -       -       -       -       -       -  
Net increase (decrease) in net assets from
                                                                         
   contract transactions
    960,678       2,506,823       2,451,585       2,416,430       287,461       278,322       6,177,002       2,533,593       779,439       860,293  
                                                                                 
Net increase (decrease) in net assets
    941,025       2,515,049       2,504,428       2,454,605       291,615       278,023       6,324,401       2,615,218       797,205       890,114  
                                                                                 
Net assets beginning of period
    -       -       -       -       -       -       -       -       -       -  
                                                                                 
Net assets end of period
  $ 941,025     $ 2,515,049     $ 2,504,428     $ 2,454,605     $ 291,615     $ 278,023     $ 6,324,401     $ 2,615,218     $ 797,205     $ 890,114  
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2011
    -       -       -       -       -       -       -       -       -       -  
                                                                                 
      Units Issued
    101,422       253,686       244,591       235,773       30,865       27,684       627,043       254,423       76,893       88,391  
      Units Redeemed
    (1,778 )     (2,217 )     (767 )     (427 )     (2,521 )     -       (2,618 )     (1,499 )     (1,084 )     (1,837 )
                                                                                 
Units Outstanding at December 31, 2012
    99,644       251,469       243,824       235,346       28,344       27,684       624,425       252,924       75,809       86,554  
                                                                                 
(a) Commencement of operations February 6, 2012.
(b) Commencement of operations September 10, 2012.
 
See notes to the financial statements.

 
Page 29

 
 
JNLNY Separate Account I
Statements of Changes in Net Assets
For the Year Ended December 31, 2012
 
   
Curian Guidance -
   
Curian Guidance -
   
Curian Guidance -
   
Curian Guidance -
   
Curian
   
Curian
   
Curian
   
Curian/
   
Curian/
   
Curian/Epoch
 
   
Moderate
   
Rising
   
Tactical
   
Tactical
   
Tactical
   
Tactical
   
Tactical
   
American Funds
   
DFA U.S.
   
Global Shareholder
 
   
Growth
   
Income
   
Maximum Growth
   
Moderate Growth
   
Advantage 35
   
Advantage 60
   
Advantage 75
   
Growth
   
Micro Cap
   
Yield
 
   
Portfolio(a)
   
Portfolio(a)
   
Portfolio(a)
   
Portfolio(a)
   
Portfolio(a)
   
Portfolio(a)
   
Portfolio(a)
   
Portfolio(a)
   
Portfolio(b)
   
Portfolio(a)
 
Operations
                                                           
   Net investment income (loss)
  $ (14,556 )   $ (4,249 )   $ (5,007 )   $ (16,008 )   $ 6,924     $ 7,335     $ 3,620     $ (1,254 )   $ (14 )   $ 1,422  
   Net realized gain (loss) on investments
    4,711       155       386       347       2,858       3,046       (24,650 )     192       1       1  
   Net change in unrealized appreciation
                                                                               
      (depreciation) on investments
    165,683       38,400       42,902       127,494       9,396       32,886       28,362       15,345       875       (64 )
Net increase (decrease) in net assets
                                                                               
   from operations
    155,838       34,306       38,281       111,833       19,178       43,267       7,332       14,283       862       1,359  
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    4,199,841       1,426,970       1,214,745       4,423,660       1,434,046       1,411,011       1,358,937       419,967       13,050       139,445  
   Surrenders and terminations
    (11,230 )     (465 )     (2,960 )     (4,751 )     (2,268 )     (4,551 )     (2,213 )     (2,900 )     -       -  
   Transfers between portfolios
    32,101       1,979       196,373       92,274       (56,723 )     957       (563,168 )     13,287       -       -  
   Net annuitization transactions
    -       -       -       -       -       -       -       -       -       -  
   Policyholder charges (Note 3)
    (22 )     -       (30 )     -       -       (10 )     -       (21 )     -       -  
Net increase (decrease) in net assets from
                                                                         
   contract transactions
    4,220,690       1,428,484       1,408,128       4,511,183       1,375,055       1,407,407       793,556       430,333       13,050       139,445  
                                                                                 
Net increase (decrease) in net assets
    4,376,528       1,462,790       1,446,409       4,623,016       1,394,233       1,450,674       800,888       444,616       13,912       140,804  
                                                                                 
Net assets beginning of period
    -       -       -       -       -       -       -       -       -       -  
                                                                                 
Net assets end of period
  $ 4,376,528     $ 1,462,790     $ 1,446,409     $ 4,623,016     $ 1,394,233     $ 1,450,674     $ 800,888     $ 444,616     $ 13,912     $ 140,804  
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2011
    -       -       -       -       -       -       -       -       -       -  
                                                                                 
      Units Issued
    438,299       140,868       144,646       452,296       141,548       140,564       135,043       42,648       1,381       13,269  
      Units Redeemed
    (18,716 )     (48 )     (2,289 )     (527 )     (6,568 )     (1,462 )     (58,970 )     (598 )     -       -  
                                                                                 
Units Outstanding at December 31, 2012
    419,583       140,820       142,357       451,769       134,980       139,102       76,073       42,050       1,381       13,269  
                                                                                 
(a) Commencement of operations February 6, 2012.
(b) Commencement of operations September 10, 2012.
 
See notes to the financial statements.
 
 
Page 30

 
 
JNLNY Separate Account I
Statements of Changes in Net Assets
For the Year Ended December 31, 2012
 
   
Curian/FAMCO
   
Curian/Franklin
   
Curian/Franklin
   
Curian/
   
Curian/Nicholas
   
Curian/
   
Curian/
   
Curian/The
   
Curian/The Boston
   
Curian/
 
   
Flex Core
   
Templeton Frontier
   
Templeton Natural
   
Neuberger Berman
   
Convertible
   
PIMCO
   
Pinebridge Merger
   
Boston Company
   
Company Multi-
   
Van Eck
 
   
Covered Call
   
Markets
   
Resources
   
Currency
   
Arbitrage
   
Credit Income
   
Arbitrage
   
Equity Income
   
Alpha Market Neutral
   
International Gold
 
   
Portfolio(a)
   
Portfolio(b)
   
Portfolio(a)
   
Portfolio(b)
   
Portfolio(a)
   
Portfolio(a)
   
Portfolio(a)
   
Portfolio(a)
   
Equity Portfolio(a)
   
Portfolio(b)
 
Operations
                                                           
   Net investment income (loss)
  $ 6,256     $ -     $ 875     $ (338 )   $ (3,078 )   $ 3,208     $ (6,488 )   $ 1,813     $ (2,239 )   $ (309 )
   Net realized gain (loss) on investments
    (126 )     -       515       47       565       2,281       (144 )     735       (188 )     (2,637 )
   Net change in unrealized appreciation
                                                                               
      (depreciation) on investments
    (7,058 )     8       2,367       341       9,748       7,211       11,614       7,513       (5,875 )     (12,233 )
Net increase (decrease) in net assets
                                                                               
   from operations
    (928 )     8       3,757       50       7,235       12,700       4,982       10,061       (8,302 )     (15,179 )
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    1,057,201       500       453,698       171,061       1,064,099       680,506       2,240,007       242,696       831,051       198,122  
   Surrenders and terminations
    (9,302 )     -       (557 )     -       (8,422 )     (3,514 )     (11,661 )     -       (8,791 )     (120 )
   Transfers between portfolios
    56,878       -       16,854       13,122       38,284       (50,122 )     32,214       4,982       7,934       (404 )
   Net annuitization transactions
    -       -       -       -       -       -       -       -       -       -  
   Policyholder charges (Note 3)
    -       -       (43 )     -       -       -       -       -       -       -  
Net increase (decrease) in net assets from
                                                                         
   contract transactions
    1,104,777       500       469,952       184,183       1,093,961       626,870       2,260,560       247,678       830,194       197,598  
                                                                                 
Net increase (decrease) in net assets
    1,103,849       508       473,709       184,233       1,101,196       639,570       2,265,542       257,739       821,892       182,419  
                                                                                 
Net assets beginning of period
    -       -       -       -       -       -       -       -       -       -  
                                                                                 
Net assets end of period
  $ 1,103,849     $ 508     $ 473,709     $ 184,233     $ 1,101,196     $ 639,570     $ 2,265,542     $ 257,739     $ 821,892     $ 182,419  
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2011
    -       -       -       -       -       -       -       -       -       -  
                                                                                 
      Units Issued
    109,736       49       60,798       19,145       121,290       65,715       242,087       23,996       94,490       21,801  
      Units Redeemed
    (1,340 )     -       (6,808 )     (843 )     (12,889 )     (5,159 )     (15,076 )     (6 )     (12,864 )     (1,510 )
                                                                                 
Units Outstanding at December 31, 2012
    108,396       49       53,990       18,302       108,401       60,556       227,011       23,990       81,626       20,291  
                                                                                 
(a) Commencement of operations February 6, 2012.
(b) Commencement of operations September 10, 2012.
 
See notes to the financial statements.
 
 
Page 31

 
 
JNLNY Separate Account I
Statements of Changes in Net Assets
For the Year Ended December 31, 2012
 
                                             
JNL/American
   
JNL/American
       
   
JNL Disciplined
   
JNL Disciplined
   
JNL Disciplined
   
JNL Institutional
   
JNL Institutional
   
JNL Institutional
   
JNL Institutional
   
Funds Balanced
   
Funds Blue Chip
   
JNL/American
 
   
Growth
   
Moderate
   
Moderate
   
Alt 20
   
Alt 35
   
Alt 50
   
Alt 65
   
Allocation
   
Income and
   
Funds Global
 
   
Portfolio
   
Portfolio
   
Growth Portfolio
   
Portfolio
   
Portfolio
   
Portfolio
   
Portfolio
   
Portfolio(a)
   
Growth Portfolio
   
Bond Portfolio
 
Operations
                                                           
   Net investment income (loss)
  $ (61,224 )   $ (21,055 )   $ (34,145 )   $ 39,476     $ 147,787     $ 280,890     $ 388,514     $ (27,509 )   $ (174,652 )   $ 72,572  
   Net realized gain (loss) on investments
    660,140       2,011,123       1,953,850       1,527,781       1,945,344       2,659,159       2,619,516       10,930       491,671       291,118  
   Net change in unrealized appreciation
                                                                               
      (depreciation) on investments
    1,206,147       2,537,717       3,034,832       2,582,511       2,494,072       3,367,262       905,495       198,817       2,860,524       346,300  
Net increase (decrease) in net assets
                                                                               
   from operations
    1,805,063       4,527,785       4,954,537       4,149,768       4,587,203       6,307,311       3,913,525       182,238       3,177,543       709,990  
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    3,662,460       9,999,485       13,342,572       17,322,569       15,071,879       27,836,262       (600 )     4,942,551       13,570,670       4,443,753  
   Surrenders and terminations
    (671,363 )     (1,466,576 )     (1,340,473 )     (1,953,786 )     (1,110,167 )     (1,478,321 )     (4,086,366 )     (15,058 )     (939,893 )     (621,027 )
   Transfers between portfolios
    (456,740 )     1,709,590       72,624       165,617       7,376,090       4,237,073       (1,173,803 )     645,448       1,074,951       40,194  
   Net annuitization transactions
    -       -       -       -       -       -       -       -       (5,607 )     -  
   Policyholder charges (Note 3)
    (146,324 )     (418,547 )     (374,776 )     (468,832 )     (611,926 )     (840,032 )     (280,654 )     (18,107 )     (422,754 )     (252,411 )
Net increase (decrease) in net assets from
                                                                         
   contract transactions
    2,388,033       9,823,952       11,699,947       15,065,568       20,725,876       29,754,982       (5,541,423 )     5,554,834       13,277,367       3,610,509  
                                                                                 
Net increase (decrease) in net assets
    4,193,096       14,351,737       16,654,484       19,215,336       25,313,079       36,062,293       (1,627,898 )     5,737,072       16,454,910       4,320,499  
                                                                                 
Net assets beginning of period
    12,882,942       35,386,755       34,824,257       38,069,492       40,355,967       58,073,533       44,013,794       -       23,677,546       16,600,360  
                                                                                 
Net assets end of period
  $ 17,076,038     $ 49,738,492     $ 51,478,741     $ 57,284,828     $ 65,669,046     $ 94,135,826     $ 42,385,896     $ 5,737,072     $ 40,132,456     $ 20,920,859  
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2011
    1,571,969       3,671,834       3,911,919       2,833,235       2,890,742       4,075,978       2,999,681       -       2,367,529       1,563,311  
                                                                                 
      Units Issued
    529,151       1,388,210       1,763,423       1,409,088       1,692,973       2,400,166       73,578       593,093       1,533,886       688,414  
      Units Redeemed
    (253,906 )     (433,749 )     (531,329 )     (348,061 )     (284,857 )     (420,924 )     (432,186 )     (36,513 )     (307,238 )     (358,585 )
                                                                                 
Units Outstanding at December 31, 2012
    1,847,214       4,626,295       5,144,013       3,894,262       4,298,858       6,055,220       2,641,073       556,580       3,594,177       1,893,140  
                                                                                 
(a) Commencement of operations April 30, 2012.
 
See notes to the financial statements.
 
 
Page 32

 
 
JNLNY Separate Account I
Statements of Changes in Net Assets
For the Year Ended December 31, 2012
 
   
JNL/American
   
JNL/American
   
JNL/American
   
JNL/American
         
JNL/AQR
   
JNL/BlackRock
         
JNL/Brookfield
   
JNL/Capital
 
   
Funds Global
   
Funds Growth
   
Funds
   
Funds
   
JNL/American
   
Managed Futures
   
Commodity
   
JNL/BlackRock
   
Global
   
Guardian Global
 
   
Small Capitalization
   
Allocation
   
Growth-Income
   
International
   
Funds New
   
Strategy
   
Securities
   
Global Allocation
   
Infrastructure
   
Balanced
 
   
Portfolio
   
Portfolio(a)
   
Portfolio
   
Portfolio
   
World Portfolio
   
Portfolio
   
Portfolio
   
Portfolio
   
Portfolio
   
Portfolio
 
Operations
                                                           
   Net investment income (loss)
  $ (88,754 )   $ (16,911 )   $ (287,226 )   $ (59,154 )   $ (86,999 )   $ (4,588 )   $ (684,912 )   $ (676,514 )   $ (29,688 )   $ 82,797  
   Net realized gain (loss) on investments
    40,341       6,380       571,289       (51,381 )     46,714       650       75,918       202,300       37,677       107,584  
   Net change in unrealized appreciation
                                                                               
      (depreciation) on investments
    1,617,547       154,409       4,950,540       2,372,871       2,520,253       69,851       104,638       3,236,115       284,046       1,916,450  
Net increase (decrease) in net assets
                                                                               
   from operations
    1,569,134       143,878       5,234,603       2,262,336       2,479,968       65,913       (504,356 )     2,761,901       292,035       2,106,831  
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    3,166,589       2,969,745       13,785,470       5,073,151       5,400,767       1,494,966       7,252,381       35,979,757       2,860,086       1,657,195  
   Surrenders and terminations
    (200,371 )     (13,348 )     (2,427,999 )     (832,342 )     (397,260 )     (4,744 )     (1,835,844 )     (2,285,276 )     (35,730 )     (1,475,483 )
   Transfers between portfolios
    276,879       1,171,065       2,121,442       810,342       936,448       91,298       (1,183,242 )     11,723,432       1,313,087       (203,026 )
   Net annuitization transactions
    -       -       -       -       (2,600 )     -       (7,123 )     (3,938 )     -       (154,032 )
   Policyholder charges (Note 3)
    (128,288 )     (11,032 )     (509,353 )     (193,512 )     (202,052 )     (22 )     (342,587 )     (461,907 )     (16,548 )     (121,857 )
Net increase (decrease) in net assets from
                                                                         
   contract transactions
    3,114,809       4,116,430       12,969,560       4,857,639       5,735,303       1,581,498       3,883,585       44,952,068       4,120,895       (297,203 )
                                                                                 
Net increase (decrease) in net assets
    4,683,943       4,260,308       18,204,163       7,119,975       8,215,271       1,647,411       3,379,229       47,713,969       4,412,930       1,809,628  
                                                                                 
Net assets beginning of period
    8,653,460       -       29,983,489       11,986,610       13,116,960       -       40,160,435       18,579,233       350,285       18,674,990  
                                                                                 
Net assets end of period
  $ 13,337,403     $ 4,260,308     $ 48,187,652     $ 19,106,585     $ 21,332,231     $ 1,647,411     $ 43,539,664     $ 66,293,202     $ 4,763,215     $ 20,484,618  
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2011
    988,420       -       3,011,671       1,324,305       1,382,811       -       3,938,935       1,902,158       33,842       1,721,631  
                                                                                 
      Units Issued
    455,711       429,237       1,649,123       790,103       780,588       187,087       1,197,569       5,000,124       455,459       238,942  
      Units Redeemed
    (131,399 )     (16,501 )     (456,292 )     (287,470 )     (215,531 )     (19,804 )     (842,992 )     (610,646 )     (95,938 )     (264,106 )
                                                                                 
Units Outstanding at December 31, 2012
    1,312,732       412,736       4,204,502       1,826,938       1,947,868       167,283       4,293,512       6,291,636       393,363       1,696,467  
                                                                                 
(a) Commencement of operations April 30, 2012.
 
See notes to the financial statements.
 
 
Page 33

 
 
JNLNY Separate Account I
Statements of Changes in Net Assets
For the Year Ended December 31, 2012
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
 
   
JNL/Capital
Guardian Global

Diversified

Research Portfolio
 
JNL/DFA U.S.
Core Equity

Portfolio
 
JNL/Eagle
SmallCap Equity

Portfolio
 
JNL/Eastspring
Investments

Asia ex-Japan

Portfolio
 
JNL/Eastspring
Investments

China-India

Portfolio
 
JNL/Franklin
Templeton Founding

Strategy Portfolio
 
JNL/Franklin
Templeton

Global Growth

Portfolio
 
JNL/Franklin
Templeton Global

Multisector Bond

Portfolio
 
JNL/Franklin
Templeton

Income Portfolio
 
JNL/Franklin
Templeton Inter-

national Small Cap

Growth Portfolio
Operations
                                                           
   Net investment income (loss)
  $ (45,147 )   $ (58,222 )   $ (664,702 )   $ (91,180 )   $ (188,894 )   $ 402,411     $ (1,160 )   $ (66,037 )   $ 2,422,064     $ 2,264  
   Net realized gain (loss) on investments
    198,544       145,307       671,549       401,091       (792,629 )     663,746       123,838       59,518       961,393       101,042  
   Net change in unrealized appreciation                                                                                
   (depreciation) on investments
    1,419,746       821,579       4,339,371       1,493,871       5,518,026       7,724,363       2,418,508       732,554       4,216,780       2,378,559  
 Net increase (decrease) in net assets                                                                                
   from operations
    1,573,143       908,664       4,346,218       1,803,782       4,536,503       8,790,520       2,541,186       726,035       7,600,237       2,481,865  
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    878,913       1,450,922       7,794,032       2,055,553       3,349,161       7,344,760       2,164,658       5,037,116       17,354,187       1,723,562  
   Surrenders and terminations
    (589,372 )     (544,410 )     (1,760,866 )     (291,345 )     (699,645 )     (3,737,366 )     (733,771 )     (127,689 )     (4,562,615 )     (353,680 )
   Transfers between portfolios
    (628,807 )     (255,377 )     (2,923,399 )     407,077       (122,227 )     (1,626,953 )     (117,292 )     5,585,321       (1,194,105 )     925,304  
   Net annuitization transactions
    -       (9,725 )     -       -       (852 )     (6,388 )     -       -       (90,046 )     -  
   Policyholder charges (Note 3)
    (73,064 )     (75,195 )     (324,022 )     (81,188 )     (210,007 )     (447,320 )     (113,114 )     (44,693 )     (613,291 )     (86,073 )
Net increase (decrease) in net assets from                                                                                
   contract transactions 
    (412,330 )     566,215       2,785,745       2,090,097       2,316,430       1,526,733       1,200,481       10,450,055       10,894,130       2,209,113  
                                                                                 
Net increase (decrease) in net assets
    1,160,813       1,474,879       7,131,963       3,893,879       6,852,933       10,317,253       3,741,667       11,176,090       18,494,367       4,690,978  
                                                                                 
Net assets beginning of period
    10,792,192       7,533,057       38,956,794       7,750,622       19,522,036       61,513,561       12,114,415       -       67,216,459       8,741,480  
                                                                                 
Net assets end of period
  $ 11,953,005     $ 9,007,936     $ 46,088,757     $ 11,644,501     $ 26,374,969     $ 71,830,814     $ 15,856,082     $ 11,176,090     $ 85,710,826     $ 13,432,458  
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2011
    490,918       482,052       1,490,214       1,059,720       3,207,448       7,294,891       1,665,414       -       6,100,360       1,302,324  
                                                                                 
      Units Issued
    60,908       122,965       445,760       614,141       1,134,272       1,043,561       376,623       1,044,425       1,961,724       476,002  
      Units Redeemed
    (83,591 )     (93,353 )     (360,166 )     (353,686 )     (774,200 )     (879,004 )     (229,383 )     (85,785 )     (1,026,073 )     (179,550 )
                                                                                 
Units Outstanding at December 31, 2012
    468,235       511,664       1,575,808       1,320,175       3,567,520       7,459,448       1,812,654       958,640       7,036,011       1,598,776  
 
See notes to the financial statements.
 
 
Page 34

 
 
JNLNY Separate Account I
Statements of Changes in Net Assets
For the Year Ended December 31, 2012
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
 
   
JNL/Franklin
Templeton Mutual

Shares Portfolio
 
JNL/Franklin
Templeton

Small Cap

Value Portfolio
 
JNL/
Goldman Sachs

Core Plus

Bond Portfolio
 
JNL/Goldman
Sachs Emerging

Markets Debt

Portfolio
 
JNL/
Goldman Sachs

Mid Cap

Value Portfolio
 
JNL/Goldman
Sachs U.S.

Equity Flex

Portfolio
 
JNL/Invesco
Global Real Estate

Portfolio
 
JNL/Invesco
International

Growth Portfolio
 
JNL/Invesco
Large Cap

Growth Portfolio
 
JNL/Invesco
Small Cap

Growth Portfolio
Operations
                                                           
   Net investment income (loss)
  $ 290     $ (251,949 )   $ 311,664     $ (271,547 )   $ (91,084 )   $ (75,247 )   $ (232,158 )   $ 29,104     $ (299,508 )   $ (231,785 )
   Net realized gain (loss) on investments
    343,464       446,163       1,683,983       362,029       307,416       119,160       857,034       91,804       898,397       1,105,608  
   Net change in unrealized appreciation                                                                                
      (depreciation) on investments
    2,487,460       2,641,641       68,687       2,790,665       3,075,322       953,169       5,783,573       2,702,162       1,185,108       1,018,552  
Net increase (decrease) in net assets                                                                                
   from operations 
    2,831,214       2,835,855       2,064,334       2,881,147       3,291,654       997,082       6,408,449       2,823,070       1,783,997       1,892,375  
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    4,935,733       3,410,487       7,175,727       856,343       5,047,632       815,140       6,136,901       3,739,778       4,258,718       3,462,534  
   Surrenders and terminations
    (899,352 )     (589,493 )     (3,088,484 )     (914,112 )     (658,023 )     (274,767 )     (922,202 )     (1,130,201 )     (1,141,068 )     (611,768 )
   Transfers between portfolios
    (553,356 )     865,820       5,762,556       (2,192,025 )     (3,964,734 )     66,983       5,699,215       (464,736 )     60,708       (399,854 )
   Net annuitization transactions
    (6,240 )     (17,182 )     (27,082 )     -       -       -       (15,079 )     (7,148 )     (7,921 )     -  
   Policyholder charges (Note 3)
    (229,994 )     (165,437 )     (282,461 )     (164,739 )     (202,994 )     (51,029 )     (202,422 )     (150,302 )     (136,114 )     (99,394 )
Net increase (decrease) in net assets from                                                                                
   contract transactions
    3,246,791       3,504,195       9,540,256       (2,414,533 )     221,881       556,327       10,696,413       1,987,391       3,034,323       2,351,518  
                                                                                 
Net increase (decrease) in net assets
    6,078,005       6,340,050       11,604,590       466,614       3,513,535       1,553,409       17,104,862       4,810,461       4,818,320       4,243,893  
                                                                                 
Net assets beginning of period
    22,395,345       16,216,770       30,199,266       17,233,294       22,893,612       5,277,234       19,221,422       18,853,686       16,199,827       10,987,503  
                                                                                 
Net assets end of period
  $ 28,473,350     $ 22,556,820     $ 41,803,856     $ 17,699,908     $ 26,407,147     $ 6,830,643     $ 36,326,284     $ 23,664,147     $ 21,018,147     $ 15,231,396  
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2011
    2,771,279       1,344,943       1,310,039       1,378,245       1,902,348       696,297       1,687,856       1,283,451       1,433,079       743,350  
                                                                                 
      Units Issued
    726,815       454,826       809,154       89,142       518,560       198,061       1,565,789       330,236       496,501       587,509  
      Units Redeemed
    (353,451 )     (184,918 )     (417,935 )     (270,846 )     (529,596 )     (128,941 )     (733,823 )     (208,591 )     (251,616 )     (444,288 )
                                                                                 
Units Outstanding at December 31, 2012
    3,144,643       1,614,851       1,701,258       1,196,541       1,891,312       765,417       2,519,822       1,405,096       1,677,964       886,571  
                                                                                 
 
See notes to the financial statements.
 
 
Page 35

 
 
JNLNY Separate Account I
Statements of Changes in Net Assets
For the Year Ended December 31, 2012
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
 
   
JNL/Ivy
Asset Strategy

Portfolio
 
JNL/JPMorgan
International

Value Portfolio
 
JNL/JPMorgan
MidCap Growth

Portfolio
 
JNL/JPMorgan
U.S. Government

& Quality Bond

Portfolio
 
JNL/Lazard
Emerging Markets

Portfolio
 
JNL/Lazard
Mid Cap

Equity Portfolio
 
JNL/M&G
Global Basics

Portfolio
 
JNL/M&G
Global Leaders

Portfolio
 
JNL/MCM
10 x 10

Portfolio
 
JNL/MCM
25 Portfolio
Operations
                                                           
   Net investment income (loss)
  $ (1,012,890 )   $ 621,151     $ (317,241 )   $ 274,377     $ 184,700     $ (209,803 )   $ (12,312 )   $ (11,213 )   $ 272,324     $ 198,591  
   Net realized gain (loss) on investments
    461,763       (695,597 )     2,017,300       879,639       1,199,833       115,399       85,132       10,893       608,442       1,177,168  
   Net change in unrealized appreciation                                                                                
   (depreciation) on investments
    9,932,722       2,914,609       948,263       (365,976 )     6,667,333       956,931       102,653       280,431       3,517,826       2,657,089  
Net increase (decrease) in net assets                                                                                
   from operations
    9,381,595       2,840,163       2,648,322       788,040       8,051,866       862,527       175,473       280,111       4,398,592       4,032,848  
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    17,459,699       2,870,025       3,676,657       10,641,156       353,329       2,322,456       612,596       1,067,539       1,958,837       4,061,912  
   Surrenders and terminations
    (2,067,681 )     (1,042,182 )     (1,520,188 )     (2,630,142 )     (1,956,919 )     (987,614 )     (169,548 )     (79,804 )     (1,869,159 )     (2,710,155 )
   Transfers between portfolios
    4,417,597       8,535       (7,021,521 )     (1,975,948 )     (2,027,951 )     (225,129 )     532,077       (635,795 )     (307,212 )     5,312,214  
   Net annuitization transactions
    (79,497 )     (3,820 )     (4,096 )     (30,070 )     (6,375 )     (654 )     -       -       -       (43,383 )
   Policyholder charges (Note 3)
    (787,830 )     (109,678 )     (119,590 )     (288,587 )     (342,264 )     (92,736 )     (30,055 )     (18,487 )     (215,691 )     (152,657 )
Net increase (decrease) in net assets from                                                                                
   contract transactions
    18,942,288       1,722,880       (4,988,738 )     5,716,409       (3,980,180 )     1,016,323       945,070       333,453       (433,225 )     6,467,931  
                                                                                 
Net increase (decrease) in net assets
    28,323,883       4,563,043       (2,340,416 )     6,504,449       4,071,686       1,878,850       1,120,543       613,564       3,965,367       10,500,779  
                                                                                 
Net assets beginning of period
    53,308,752       17,378,677       19,639,043       35,432,206       41,160,945       14,087,669       2,555,802       1,890,283       31,009,689       22,351,097  
                                                                                 
Net assets end of period
  $ 81,632,635     $ 21,941,720     $ 17,298,627     $ 41,936,655     $ 45,232,631     $ 15,966,519     $ 3,676,345     $ 2,503,847     $ 34,975,056     $ 32,851,876  
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2011
    5,224,782       1,585,919       945,470       1,790,542       3,617,959       781,882       200,223       173,369       3,709,837       1,519,940  
                                                                                 
      Units Issued
    2,348,915       382,196       254,027       949,209       86,109       180,747       109,617       126,810       319,517       712,691  
      Units Redeemed
    (637,342 )     (235,261 )     (468,311 )     (671,194 )     (402,844 )     (131,389 )     (38,797 )     (96,586 )     (364,202 )     (319,565 )
                                                                                 
Units Outstanding at December 31, 2012
    6,936,355       1,732,854       731,186       2,068,557       3,301,224       831,240       271,043       203,593       3,665,152       1,913,066  
 
See notes to the financial statements.
 
 
Page 36

 
 
JNLNY Separate Account I
Statements of Changes in Net Assets
For the Year Ended December 31, 2012
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
 
   
JNL/MCM
Bond Index

Portfolio
 
JNL/MCM
Communications

Sector Portfolio
 
JNL/MCM
Consumer Brands

Sector Portfolio
 
JNL/MCM
Dow Dividend

Portfolio
 
JNL/MCM Dow
Jones U.S. Contrarian

Opportunities

Index Portfolio(a)
 
JNL/MCM
Emerging Markets

Index Portfolio
 
JNL/MCM
European 30

Portfolio
 
JNL/MCM
Financial

Sector Portfolio
 
JNL/MCM
Global Alpha

Portfolio
 
JNL/MCM
Healthcare

Sector Portfolio
Operations
                                                           
   Net investment income (loss)
  $ 218,531     $ 112,583     $ (89,432 )   $ 376,244     $ (1,527 )   $ (104,368 )   $ 34,825     $ (95,970 )   $ (33,881 )   $ (171,546 )
   Net realized gain (loss) on investments
    511,167       51,950       700,206       90,234       4,758       (29,190 )     1,041       223,553       45,374       888,030  
   Net change in unrealized appreciation                                                                                
   (depreciation) on investments
    (166,497 )     453,434       880,309       1,896,014       13,566       515,520       101,443       2,779,326       (90,843 )     2,626,202  
Net increase (decrease) in net assets                                                                                
    from operations
    563,201       617,967       1,491,083       2,362,492       16,797       381,962       137,309       2,906,909       (79,350 )     3,342,686  
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    5,908,901       1,009,517       2,168,603       7,029,102       278,567       4,612,687       287,432       2,448,527       718,246       5,924,757  
   Surrenders and terminations
    (2,431,007 )     (196,438 )     (275,038 )     (1,156,336 )     (1,666 )     (419,051 )     (37,687 )     (540,886 )     (112,433 )     (1,077,029 )
   Transfers between portfolios
    908,693       2,559,653       4,184,792       (187,570 )     139,640       3,843,480       24,800       5,005,727       (152,632 )     1,188,654  
   Net annuitization transactions
    (2,577 )     -       (815 )     (147,298 )     -       (522 )     -       -       -       (16,393 )
   Policyholder charges (Note 3)
    (149,176 )     (39,779 )     (62,484 )     (185,158 )     (821 )     (41,160 )     (16,713 )     (124,108 )     (21,571 )     (173,615 )
Net increase (decrease) in net assets from                                                                                
   contract transactions
    4,234,834       3,332,953       6,015,058       5,352,740       415,720       7,995,434       257,832       6,789,260       431,610       5,846,374  
                                                                                 
Net increase (decrease) in net assets
    4,798,035       3,950,920       7,506,141       7,715,232       432,517       8,377,396       395,141       9,696,169       352,260       9,189,060  
                                                                                 
Net assets beginning of period
    28,140,996       6,054,115       5,465,436       21,636,507       -       113,183       1,492,211       9,654,311       2,091,615       18,149,843  
                                                                                 
Net assets end of period
  $ 32,939,031     $ 10,005,035     $ 12,971,577     $ 29,351,739     $ 432,517     $ 8,490,579     $ 1,887,352     $ 19,350,480     $ 2,443,875     $ 27,338,903  
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2011
    2,044,305       1,182,141       462,620       3,067,395       -       12,527       136,783       1,509,426       201,348       1,448,921  
                                                                                 
      Units Issued
    692,924       1,153,686       598,718       1,450,106       54,202       1,641,912       66,217       1,511,804       95,189       714,367  
      Units Redeemed
    (392,581 )     (724,369 )     (155,042 )     (734,795 )     (11,379 )     (842,355 )     (41,610 )     (588,693 )     (54,130 )     (298,210 )
                                                                                 
Units Outstanding at December 31, 2012
    2,344,648       1,611,458       906,296       3,782,706       42,823       812,084       161,390       2,432,537       242,407       1,865,078  
 
(a) Commencement of operations April 30, 2012.
 
See notes to the financial statements.
 
 
Page 37

 
 
 
JNLNY Separate Account I
Statements of Changes in Net Assets
For the Year Ended December 31, 2012
 
   
JNL/MCM
Index 5
Portfolio
   
JNL/MCM
International
Index Portfolio
   
JNL/MCM
JNL 5
Portfolio
   
JNL/MCM
JNL Optimized
5 Portfolio
   
JNL/MCM
Nasdaq 25
Portfolio
   
JNL/MCM
NYSE International
25 Portfolio
   
JNL/MCM
Oil & Gas
Sector Portfolio
   
JNL/MCM
Pacific Rim 30
Portfolio
   
JNL/MCM
S&P 24
Portfolio
   
JNL/MCM
S&P 400 MidCap
Index Portfolio
 
Operations
                                                           
   Net investment income (loss)
  $ (66,978 )   $ 351,271     $ 2,816,064     $ 365,286     $ (147,045 )   $ 117,852     $ (224,346 )   $ 12,529     $ (25,621 )   $ (243,146 )
   Net realized gain (loss) on investments
    2,286,316       (1,019,153 )     (6,523,630 )     (124,266 )     506,203       (456,091 )     617,530       114,645       298,142       2,064,561  
   Net change in unrealized appreciation                                                                                
      (depreciation) on investments
    3,141,736       5,706,522       38,036,245       3,465,234       966,832       882,647       727,065       237,385       (60,193 )     3,653,096  
 Net increase (decrease) in net assets                                                                                
   from operations
    5,361,074       5,038,640       34,328,679       3,706,254       1,325,990       544,408       1,120,249       364,559       212,328       5,474,511  
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    4,963,987       3,820,376       7,258,535       1,670,264       2,386,446       639,808       7,214,192       632,200       266,292       6,077,593  
   Surrenders and terminations
    (1,962,794 )     (2,719,262 )     (21,846,013 )     (2,154,111 )     (611,730 )     (206,048 )     (2,066,250 )     (150,887 )     (127,471 )     (3,471,675 )
   Transfers between portfolios
    (470,837 )     (997,791 )     (14,307,698 )     (1,901,685 )     4,707,862       (401,671 )     101,431       52,461       (306,399 )     (2,500,496 )
   Net annuitization transactions
    -       (63,270 )     (636,347 )     (1,906 )     (1,193 )     -       (12,518 )     (1,017 )     -       (52,383 )
   Policyholder charges (Note 3)
    (326,001 )     (162,526 )     (491,425 )     (162,081 )     (62,332 )     (29,752 )     (321,627 )     (35,510 )     (13,611 )     (190,671 )
Net increase (decrease) in net assets from                                                                                
   contract transactions
    2,204,355       (122,473 )     (30,022,948 )     (2,549,519 )     6,419,053       2,337       4,915,228       497,247       (181,189 )     (137,632 )
                                                                                 
Net increase (decrease) in net assets
    7,565,429       4,916,167       4,305,731       1,156,735       7,745,043       546,745       6,035,477       861,806       31,139       5,336,879  
                                                                                 
Net assets beginning of period
    42,883,797       31,356,978       224,788,427       30,661,418       6,906,424       5,244,125       40,885,183       3,211,839       2,305,641       35,429,239  
                                                                                 
Net assets end of period
  $ 50,449,226     $ 36,273,145     $ 229,094,158     $ 31,818,153     $ 14,651,467     $ 5,790,870     $ 46,920,660     $ 4,073,645     $ 2,336,780     $ 40,766,118  
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2011
    4,652,313       2,402,205       21,249,678       3,600,972       620,214       850,400       1,302,170       256,020       233,399       2,218,086  
                                                                                 
      Units Issued
    697,264       483,329       1,100,380       369,326       713,040       229,113       404,738       82,697       50,376       514,508  
      Units Redeemed
    (470,358 )     (498,836 )     (3,728,365 )     (648,709 )     (221,556 )     (225,459 )     (256,997 )     (44,398 )     (68,854 )     (526,861 )
                                                                                 
Units Outstanding at December 31, 2012
    4,879,219       2,386,698       18,621,693       3,321,589       1,111,698       854,054       1,449,911       294,319       214,921       2,205,733  
 
See notes to the financial statements.
 
 
Page 38

 
 
JNLNY Separate Account I
                                             
Statements of Changes in Net Assets
                                             
For the Year Ended December 31, 2012
                                             
                                                             
                                             
JNL/Morgan
 
JNL/Neuberger
 
JNL/
   
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
 
JNL/MCM
       
Stanley Mid
 
Berman
 
Oppenheimer
   
S&P 500
 
S&P SMid
 
Select Small-Cap
 
Small Cap
 
Technology
 
Value Line 30
 
JNL/MCM
 
Cap Growth
 
Strategic Income
 
Global Growth
   
Index Portfolio
 
60 Portfolio
 
Portfolio
 
Index Portfolio
 
Sector Portfolio
 
Portfolio
 
VIP Portfolio
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio
Operations
                                                           
   Net investment income (loss)
  $ 65,890     $ (76,653 )   $ (117,595 )   $ (655 )   $ (443,587 )   $ (405,784 )   $ 52,848     $ (928 )   $ (17,108 )   $ (155,233 )
   Net realized gain (loss) on investments
    4,310,077       858,375       (46,012 )     1,764,537       2,942,461       (2,740,895 )     (299,860 )     (668 )     1,731       163,825  
   Net change in unrealized appreciation                                                                                
      (depreciation) on investments
    8,409,990       161,270       1,253,449       2,445,233       (1,690,618 )     5,286,994       1,478,700       21,623       88,684       4,926,547  
Net increase (decrease) in net assets                                                                                
   from operations
    12,785,957       942,992       1,089,842       4,209,115       808,256       2,140,315       1,231,688       20,027       73,307       4,935,139  
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    22,915,713       894,514       772,672       4,239,330       5,412,439       1,133,309       1,386,085       621,263       3,075,283       4,255,347  
   Surrenders and terminations
    (6,725,934 )     (419,811 )     (656,842 )     (2,996,248 )     (1,634,092 )     (2,084,260 )     (797,591 )     (28,121 )     (15,630 )     (1,429,230 )
   Transfers between portfolios
    491,868       (5,834,501 )     79,826       317,385       7,731,771       (6,564,107 )     (371,918 )     91,451       554,892       (937,257 )
   Net annuitization transactions
    (200,571 )     -       (18,193 )     (27,554 )     (8,564 )     (75,952 )     (20,216 )     -       -       (19,076 )
   Policyholder charges (Note 3)
    (894,867 )     (45,480 )     (32,725 )     (164,635 )     (240,393 )     (56,361 )     (49,764 )     (2,361 )     (8,331 )     (194,039 )
Net increase (decrease) in net assets from                                                                                
    contract transactions
    15,586,209       (5,405,278 )     144,738       1,368,278       11,261,161       (7,647,371 )     146,596       682,232       3,606,214       1,675,745  
                                                                                 
Net increase (decrease) in net assets
    28,372,166       (4,462,286 )     1,234,580       5,577,393       12,069,417       (5,507,056 )     1,378,284       702,259       3,679,521       6,610,884  
                                                                                 
Net assets beginning of period
    95,155,066       11,333,484       7,412,445       29,344,163       20,786,918       29,159,011       11,392,776       -       -       25,540,756  
                                                                                 
Net assets end of period
  $ 123,527,232     $ 6,871,198     $ 8,647,025     $ 34,921,556     $ 32,856,335     $ 23,651,955     $ 12,771,060     $ 702,259     $ 3,679,521     $ 32,151,640  
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2011
    8,846,932       1,089,975       582,500       2,094,482       3,099,309       3,089,330       1,079,679       -       -       2,059,450  
                                                                                 
      Units Issued
    3,527,083       187,596       161,018       451,243       3,487,139       267,017       182,935       79,306       357,104       425,197  
      Units Redeemed
    (2,277,946 )     (687,102 )     (152,429 )     (367,582 )     (2,116,932 )     (1,023,838 )     (167,489 )     (5,253 )     (4,282 )     (302,922 )
                                                                                 
Units Outstanding at December 31, 2012
    10,096,069       590,469       591,089       2,178,143       4,469,516       2,332,509       1,095,125       74,053       352,822       2,181,725  
                                                                                 
(a) Commencement of operations April 30, 2012.
                                                                         
 
See notes to the financial statements.
 
 
Page 39

 
 
JNLNY Separate Account I
Statements of Changes in Net Assets
For the Year Ended December 31, 2012
 
   
JNL/PIMCO
Real Return
Portfolio
 
JNL/PIMCO
Total Return
Bond Portfolio
 
JNL/PPM
America Floating
Rate Income
Portfolio
 
JNL/
PPM America
High Yield
Bond Portfolio
 
JNL/
PPM America
Mid Cap Value
Portfolio
 
JNL/
PPM America
Small Cap Value
Portfolio
 
JNL/
PPM America
Value Equity
Portfolio
 
JNL/
Red Rocks Listed
Private Equity
Portfolio
 
JNL/S&P 4
Portfolio
 
JNL/S&P
Competitive
Advantage
Portfolio
Operations
                                                           
   Net investment income (loss)
  $ 449,138     $ 1,150,502     $ 159,459     $ 2,663,969     $ (71,448 )   $ (17,099 )   $ (7,669 )   $ (175,964 )   $ 179,342     $ (90,691 )
   Net realized gain (loss) on investments
    7,769,794       7,360,340       72,186       1,227,458       363,083       101,272       65,988       (192,253 )     4,860,117       618,451  
   Net change in unrealized appreciation
      (depreciation) on investments
    (2,385,725 )     4,771,291       292,882       4,456,995       98,449       528,451       538,731       3,047,111       3,044,553       555,984  
Net increase (decrease) in net assets
   from operations
    5,833,207       13,282,133       524,527       8,348,422       390,084       612,624       597,050       2,678,894       8,084,012       1,083,744  
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    26,610,099       53,499,004       5,804,390       13,842,045       732,011       1,017,580       412,446       1,235,745       8,498,173       2,868,400  
   Surrenders and terminations
    (4,958,696 )     (13,985,847 )     (407,467 )     (3,808,771 )     (134,783 )     (123,513 )     (601,039 )     (482,160 )     (2,368,697 )     (419,570 )
   Transfers between portfolios
    8,654,633       17,494,705       2,530,678       3,772,392       676,207       38,359       469,027       (199,931 )     195,454       6,808,261  
   Net annuitization transactions
    (37,932 )     (178,565 )     -       (33,486 )     -       -       (7,279 )     -       (1,973 )     (9,206 )
   Policyholder charges (Note 3)
    (785,953 )     (1,941,638 )     (89,962 )     (433,995 )     (49,624 )     (44,103 )     (33,056 )     (103,966 )     (329,607 )     (74,050 )
Net increase (decrease) in net assets from
   contract transactions
    29,482,151       54,887,659       7,837,639       13,338,185       1,223,811       888,323       240,099       449,688       5,993,350       9,173,835  
                                                                                 
Net increase (decrease) in net assets
    35,315,358       68,169,792       8,362,166       21,686,607       1,613,895       1,500,947       837,149       3,128,582       14,077,362       10,257,579  
                                                                                 
Net assets beginning of period
    76,214,738       191,090,963       5,807,587       49,959,183       3,700,137       3,097,335       4,165,388       9,423,337       53,136,353       3,763,150  
                                                                                 
Net assets end of period
  $ 111,530,096     $ 259,260,755     $ 14,169,753     $ 71,645,790     $ 5,314,032     $ 4,598,282     $ 5,002,537     $ 12,551,919     $ 67,213,715     $ 14,020,729  
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2011
    5,478,004       10,424,936       586,059       3,231,192       389,582       329,843       320,083       1,150,240       4,884,938       318,270  
                                                                                 
      Units Issued
    3,075,495       5,008,401       941,224       1,740,101       631,410       166,206       73,599       196,299       1,317,504       1,116,129  
      Units Redeemed
    (1,045,987 )     (2,191,027 )     (179,779 )     (967,727 )     (533,337 )     (80,934 )     (73,354 )     (155,071 )     (803,548 )     (399,263 )
                                                                                 
Units Outstanding at December 31, 2012
    7,507,512       13,242,310       1,347,504       4,003,566       487,655       415,115       320,328       1,191,468       5,398,894       1,035,136  
 
See notes to the financial statements.
 
 
Page 40

 
 
JNLNY Separate Account I
Statements of Changes in Net Assets
For the Year Ended December 31, 2012
 
   
JNL/S&P
Dividend Income
& Growth
Portfolio
 
JNL/S&P
Intrinsic Value
Portfolio
 
JNL/
S&P Managed
Aggressive
Growth Portfolio
 
JNL/
S&P Managed
Conservative
Portfolio
 
JNL/
S&P Managed
Growth Portfolio
 
JNL/
S&P Managed
Moderate
Portfolio
 
JNL/
S&P Managed
Moderate
Growth Portfolio
 
JNL/S&P
Total Yield
Portfolio
 
JNL/T. Rowe
Price Established
Growth Portfolio
 
JNL/T. Rowe
Price Mid-Cap
Growth Portfolio
Operations
                                                           
   Net investment income (loss)
  $ 89,285     $ (133,139 )   $ (567,983 )   $ 1,150,413     $ (800,496 )   $ 552,148     $ (259,874 )   $ (21,458 )   $ (1,369,389 )   $ (1,194,590 )
   Net realized gain (loss) on investments
    4,293,386       193,858       1,587,330       2,761,491       9,374,154       9,293,409       13,296,765       80,436       2,888,230       5,659,850  
   Net change in unrealized appreciation
                                                                               
      (depreciation) on investments
    (184,294 )     1,671,075       7,895,559       4,416,025       17,038,150       8,045,593       19,516,744       649,348       10,309,235       4,701,229  
Net increase (decrease) in net assets
                                                                               
   from operations
    4,198,377       1,731,794       8,914,906       8,327,929       25,611,808       17,891,150       32,553,635       708,326       11,828,076       9,166,489  
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    13,774,222       2,819,734       9,550,358       30,850,296       28,796,985       50,867,763       57,919,659       1,589,213       14,245,573       13,793,168  
   Surrenders and terminations
    (2,279,040 )     (1,299,271 )     (6,773,474 )     (7,938,466 )     (10,781,363 )     (15,164,211 )     (18,116,712 )     (97,515 )     (5,729,911 )     (6,007,661 )
   Transfers between portfolios
    11,775,538       (5,155,295 )     (2,052,551 )     10,722,766       (5,711,907 )     1,375,482       (1,517,626 )     338,719       15,406,430       4,482,466  
   Net annuitization transactions
    -       (2,058 )     (81,996 )     (236,405 )     (175,926 )     (24,490 )     (58,405 )     -       (123,964 )     (141,050 )
   Policyholder charges (Note 3)
    (416,750 )     (101,424 )     (487,915 )     (1,057,010 )     (1,428,154 )     (1,786,478 )     (2,320,050 )     (43,771 )     (572,830 )     (544,021 )
Net increase (decrease) in net assets from
                                                                               
   contract transactions
    22,853,970       (3,738,314 )     154,422       32,341,181       10,699,635       35,268,066       35,906,866       1,786,646       23,225,298       11,582,902  
                                                                                 
Net increase (decrease) in net assets
    27,052,347       (2,006,520 )     9,069,328       40,669,110       36,311,443       53,159,216       68,460,501       2,494,972       35,053,374       20,749,391  
                                                                                 
Net assets beginning of period
    28,047,984       15,737,463       67,978,427       105,754,752       184,728,378       183,032,484       257,460,947       3,001,411       66,026,711       75,215,217  
                                                                                 
Net assets end of period
  $ 55,100,331     $ 13,730,943     $ 77,047,755     $ 146,423,862     $ 221,039,821     $ 236,191,700     $ 325,921,448     $ 5,496,383     $ 101,080,085     $ 95,964,608  
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2011
    2,515,548       1,379,340       5,126,298       8,785,135       13,103,816       14,881,901       17,870,289       331,841       2,451,111       1,675,627  
                                                                                 
      Units Issued
    3,549,284       486,635       1,664,381       3,689,118       2,210,853       4,747,851       4,592,471       237,104       1,141,190       548,895  
      Units Redeemed
    (1,611,350 )     (795,070 )     (1,735,083 )     (1,096,633 )     (1,546,276 )     (2,055,815 )     (2,314,757 )     (62,499 )     (435,902 )     (322,473 )
                                                                                 
Units Outstanding at December 31, 2012
    4,453,482       1,070,905       5,055,596       11,377,620       13,768,393       17,573,937       20,148,003       506,446       3,156,399       1,902,049  
 
See notes to the financial statements.
 
 
Page 41

 
 
JNLNY Separate Account I
Statements of Changes in Net Assets
For the Year Ended December 31, 2012
 
   
JNL/T. Rowe
Price Short-Term
Bond Portfolio
 
JNL/T. Rowe
Price Value
Portfolio
 
JNL/UBS
Large Cap
Select Growth
Portfolio
 
JNL/WMC
Balanced
Portfolio
 
JNL/WMC
Money Market
Portfolio
 
JNL/WMC
Value
Portfolio
Operations
                                   
   Net investment income (loss)
  $ (135,021 )   $ (76,288 )   $ (346,241 )   $ (214,244 )   $ (695,685 )   $ 176,331  
   Net realized gain (loss) on investments
    135,700       619,932       2,525,615       2,112,015       135       1,484,664  
   Net change in unrealized appreciation
                                               
      (depreciation) on investments
    154,565       5,684,098       (269,135 )     5,122,678       -       1,717,038  
Net increase (decrease) in net assets
                                               
   from operations
    155,244       6,227,742       1,910,239       7,020,449       (695,550 )     3,378,033  
                                                 
Contract transactions 1
                                               
   Purchase payments (Note 4)
    8,114,239       6,536,695       2,275,002       15,797,913       43,291,947       3,439,978  
   Surrenders and terminations
    (1,926,404 )     (2,726,790 )     (1,268,171 )     (5,119,673 )     (6,315,764 )     (1,573,150 )
   Transfers between portfolios
    5,172,251       2,402,016       (509,602 )     5,221,965       (31,813,465 )     (287,116 )
   Net annuitization transactions
    -       (110,003 )     (16,180 )     (491,579 )     -       (20,201 )
   Policyholder charges (Note 3)
    (233,518 )     (209,539 )     (167,171 )     (841,629 )     (373,259 )     (162,819 )
Net increase (decrease) in net assets from
                                               
   contract transactions
    11,126,568       5,892,379       313,878       14,566,997       4,789,459       1,396,692  
                                                 
Net increase (decrease) in net assets
    11,281,812       12,120,121       2,224,117       21,587,446       4,093,909       4,774,725  
                                                 
Net assets beginning of period
    20,000,869       35,097,916       21,850,681       77,020,910       40,931,763       22,913,169  
                                                 
Net assets end of period
  $ 31,282,681     $ 47,218,037     $ 24,074,798     $ 98,608,356     $ 45,025,672     $ 27,687,894  
                                                 
1 Contract unit transactions
                                               
Units Outstanding at December 31, 2011
    1,918,367       2,522,690       976,667       2,738,957       3,340,013       1,208,693  
                                                 
      Units Issued
    2,574,853       800,806       139,421       782,862       5,224,552       267,714  
      Units Redeemed
    (1,520,238 )     (440,775 )     (144,989 )     (309,339 )     (4,875,287 )     (201,688 )
                                                 
Units Outstanding at December 31, 2012
    2,972,982       2,882,721       971,099       3,212,480       3,689,278       1,274,719  

See notes to the financial statements.
 
 
Page 42

 

JNLNY Separate Account I
                                   
Statements of Changes in Net Assets
                                   
For the Year Ended December 31, 2011
                                         
                                                             
                                             
JNL/American
       
JNL/American
   
JNL Disciplined
 
JNL Disciplined
 
JNL Disciplined
 
JNL Institutional
 
JNL Institutional
 
JNL Institutional
 
JNL Institutional
 
Funds Blue Chip
 
JNL/American
 
Funds Global
   
Growth
 
Moderate
 
Moderate
 
Alt 20
 
Alt 35
 
Alt 50
 
Alt 65
 
Income and
 
Funds Global
 
Small Capitalization
   
Portfolio
 
Portfolio
 
Growth Portfolio
 
Portfolio
 
Portfolio
 
Portfolio
 
Portfolio
 
Growth Portfolio
 
Bond Portfolio
 
Portfolio
Operations
                                                           
   Net investment income (loss)
  $ (43,148 )   $ (51,356 )   $ (130,157 )   $ (165,926 )   $ (170,668 )   $ (323,153 )   $ (399,833 )   $ (139,888 )   $ (61,700 )   $ (91,113 )
   Net realized gain (loss) on investments
    197,655       297,648       1,223,491       234,206       159,252       296,716       539,036       123,524       73,454       149,809  
   Net change in unrealized appreciation                                                                                
     (depreciation) on investments
    (777,623 )     (726,288 )     (2,047,227 )     (1,721,359 )     (2,319,161 )     (3,739,691 )     (3,658,511 )     (488,152 )     29,321       (1,921,027 )
Net increase (decrease) in net assets                                                                                
   from operations
    (623,116 )     (479,996 )     (953,893 )     (1,653,079 )     (2,330,577 )     (3,766,128 )     (3,519,308 )     (504,516 )     41,075       (1,862,331 )
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    3,930,127       9,223,207       11,122,863       15,141,639       23,250,096       23,235,890       8,009,474       13,746,621       8,099,602       5,146,715  
   Surrenders and terminations
    (306,773 )     (1,045,728 )     (1,518,508 )     (1,350,521 )     (523,625 )     (898,505 )     (2,725,728 )     (438,378 )     (429,290 )     (162,959 )
   Transfers between portfolios
    1,064,843       4,194,166       1,832,326       3,803,573       2,061,123       7,509,480       367,128       1,698,964       3,352,949       (795,851 )
   Net annuitization transactions
    -       -       -       -       -       -       -       -       -       -  
   Policyholder charges (Note 3)
    (89,325 )     (281,794 )     (288,877 )     (289,598 )     (330,353 )     (494,078 )     (244,205 )     (221,556 )     (170,831 )     (81,282 )
Net increase (decrease) in net assets from                                                                                
   contract transactions
    4,598,872       12,089,851       11,147,804       17,305,093       24,457,241       29,352,787       5,406,669       14,785,651       10,852,430       4,106,623  
                                                                                 
Net increase (decrease) in net assets
    3,975,756       11,609,855       10,193,911       15,652,014       22,126,664       25,586,659       1,887,361       14,281,135       10,893,505       2,244,292  
                                                                                 
Net assets beginning of period
    8,907,186       23,776,900       24,630,346       22,417,478       18,229,303       32,486,874       42,126,433       9,396,411       5,706,855       6,409,168  
                                                                                 
Net assets end of period
  $ 12,882,942     $ 35,386,755     $ 34,824,257     $ 38,069,492     $ 40,355,967     $ 58,073,533     $ 44,013,794     $ 23,677,546     $ 16,600,360     $ 8,653,460  
                                                                                 
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2010
    1,036,416       2,448,593       2,702,881       1,600,520       1,236,822       2,140,218       2,674,819       913,530       552,064       581,255  
                                                                                 
      Units Issued
    716,513       1,561,276       2,696,041       1,416,169       1,825,977       2,119,940       719,593       1,675,042       1,353,147       708,408  
      Units Redeemed
    (180,960 )     (338,035 )     (1,487,003 )     (183,454 )     (172,057 )     (184,180 )     (394,731 )     (221,043 )     (341,900 )     (301,243 )
                                                                                 
Units Outstanding at December 31, 2011
    1,571,969       3,671,834       3,911,919       2,833,235       2,890,742       4,075,978       2,999,681       2,367,529       1,563,311       988,420  
 
See notes to the financial statements.
 
 
Page 43

 

JNLNY Separate Account I
                                         
Statements of Changes in Net Assets
                                   
For the Year Ended December 31, 2011
                                     
                                                             
   
JNL/American
 
JNL/American
       
JNL/BlackRock
       
JNL/Brookfield
 
JNL/Capital
 
JNL/Capital
 
JNL/Capital
     
   
Funds
 
Funds
 
JNL/American
 
Commodity
 
JNL/BlackRock
 
Global
 
Guardian Global
 
Guardian Global
 
Guardian U.S.
 
JNL/Eagle
   
Growth-Income
 
International
 
Funds New
 
Securities
 
Global Allocation
 
Infrastructure
 
Balanced
 
Diversified
 
Growth Equity
 
Core Equity
   
Portfolio
 
Portfolio
 
World Portfolio
 
Portfolio
 
Portfolio
 
Portfolio(a)
 
Portfolio
 
Research Portfolio
 
Portfolio
 
Portfolio
Operations
                                                           
   Net investment income (loss)
  $ (192,297 )   $ (73,370 )   $ (88,620 )   $ (391,538 )   $ (124,782 )   $ (62 )   $ (99,686 )   $ (72,154 )   $ (272,285 )   $ (68,751 )
   Net realized gain (loss) on investments
    27,995       (137,056 )     (44,404 )     1,019,573       22,465       38       41,548       166,007       563,142       55,179  
   Net change in unrealized appreciation                                                                                
     (depreciation) on investments
    (912,721 )     (1,806,743 )     (1,654,962 )     (4,485,704 )     (587,321 )     1,365       (1,173,980 )     (785,547 )     (580,299 )     (190,575 )
Net increase (decrease) in net assets                                                                                
   from operations
    (1,077,023 )     (2,017,169 )     (1,787,986 )     (3,857,669 )     (689,638 )     1,341       (1,232,118 )     (691,694 )     (289,442 )     (204,147 )
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    18,072,215       7,690,620       7,679,989       12,024,922       9,926,977       29,753       3,182,311       1,453,043       3,763,913       2,486,045  
   Surrenders and terminations
    (395,043 )     (221,438 )     (317,483 )     (1,839,274 )     (347,405 )     -       (1,442,946 )     (439,771 )     (1,066,675 )     (747,472 )
   Transfers between portfolios
    3,803,880       1,821,291       2,492,354       2,461,950       2,538,015       319,264       132,182       (536,887 )     (462,713 )     493,891  
   Net annuitization transactions
    -       -       -       (4,384 )     -       -       -       -       -       -  
   Policyholder charges (Note 3)
    (274,650 )     (111,365 )     (109,647 )     (248,410 )     (146,909 )     (73 )     (97,616 )     (55,855 )     (119,083 )     (44,847 )
Net increase (decrease) in net assets from
                                                                         
   contract transactions
    21,206,402       9,179,108       9,745,213       12,394,804       11,970,678       348,944       1,773,931       420,530       2,115,442       2,187,617  
                                                                                 
Net increase (decrease) in net assets
    20,129,379       7,161,939       7,957,227       8,537,135       11,281,040       350,285       541,813       (271,164 )     1,826,000       1,983,470  
                                                                                 
Net assets beginning of period
    9,854,110       4,824,671       5,159,733       31,623,300       7,298,193       -       18,133,177       11,063,356       20,024,681       5,549,587  
                                                                                 
Net assets end of period
  $ 29,983,489     $ 11,986,610     $ 13,116,960     $ 40,160,435     $ 18,579,233     $ 350,285     $ 18,674,990     $ 10,792,192     $ 21,850,681     $ 7,533,057  
                                                                                 
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2010
    952,515       449,274       458,931       2,830,894       707,594       -       1,567,859       481,535       908,743       353,553  
                                                                                 
      Units Issued
    2,251,023       1,025,829       1,118,584       1,816,322       1,344,473       35,690       425,816       94,666       254,026       238,695  
      Units Redeemed
    (191,867 )     (150,798 )     (194,704 )     (708,281 )     (149,909 )     (1,848 )     (272,044 )     (85,283 )     (186,102 )     (110,196 )
                                                                                 
Units Outstanding at December 31, 2011
    3,011,671       1,324,305       1,382,811       3,938,935       1,902,158       33,842       1,721,631       490,918       976,667       482,052  
                                                                                 
(a) Commencement of operations December 12, 2011.
                                                                         
 
See notes to the financial statements.
 
 
Page 44

 
 
JNLNY Separate Account I
                                   
Statements of Changes in Net Assets
                               
For the Year Ended December 31, 2011
                                     
                                                             
   
JNL/Eagle
SmallCap Equity
Portfolio
 
JNL/Franklin
Templeton Founding
Strategy Portfolio
 
JNL/Franklin
Templeton
Global Growth
Portfolio
 
JNL/Franklin
Templeton Global
Multisector Bond
Portfolio(a)
 
JNL/Franklin
Templeton
Income Portfolio
 
JNL/Franklin
Templeton Inter-
national Small Cap
Growth Portfolio
 
JNL/Franklin
Templeton Mutual
Shares Portfolio
 
JNL/Franklin
Templeton
Small Cap
Value Portfolio
 
JNL/
Goldman Sachs
Core Plus
Bond Portfolio
 
JNL/Goldman
Sachs Emerging
Markets Debt
Portfolio
Operations
                                                           
   Net investment income (loss)
  $ (569,178 )   $ (81,182 )   $ (68,474 )   $ -     $ 1,641,720     $ (12,807 )   $ 213,292     $ (179,393 )   $ 120,831     $ 628,676  
   Net realized gain (loss) on investments
    3,878,778       392,221       (23,072 )     -       609,413       212,930       253,856       581,411       1,374,893       671,608  
   Net change in unrealized appreciation                                                                                
     (depreciation) on investments
    (5,443,996 )     (2,387,698 )     (952,827 )     -       (2,095,475 )     (1,806,554 )     (972,922 )     (819,214 )     (294,254 )     (2,641,681 )
Net increase (decrease) in net assets                                                                                
   from operations
    (2,134,396 )     (2,076,659 )     (1,044,373 )     -       155,658       (1,606,431 )     (505,774 )     (417,196 )     1,201,470       (1,341,397 )
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    11,926,687       11,441,170       3,029,767       -       16,271,078       2,443,809       6,321,439       5,130,400       6,187,876       4,991,421  
   Surrenders and terminations
    (1,625,849 )     (2,899,013 )     (880,372 )     -       (4,595,595 )     (235,738 )     (1,252,305 )     (612,123 )     (1,782,924 )     (599,866 )
   Transfers between portfolios
    1,044,082       (1,778,878 )     1,740,675       -       1,908,196       (111,634 )     933,983       (842,414 )     1,085,686       (151,275 )
   Net annuitization transactions
    -       -       -       -       -       -       -       -       -       (1,137 )
   Policyholder charges (Note 3)
    (189,846 )     (358,535 )     (80,542 )     -       (420,337 )     (59,301 )     (175,031 )     (105,714 )     (171,189 )     (146,078 )
Net increase (decrease) in net assets from                                                                                
   contract transactions
    11,155,074       6,404,744       3,809,528       -       13,163,342       2,037,136       5,828,086       3,570,149       5,319,449       4,093,065  
                                                                                 
Net increase (decrease) in net assets
    9,020,678       4,328,085       2,765,155       -       13,319,000       430,705       5,322,312       3,152,953       6,520,919       2,751,668  
                                                                                 
Net assets beginning of period
    29,936,116       57,185,476       9,349,260       -       53,897,459       8,310,775       17,073,033       13,063,817       23,678,347       14,481,626  
                                                                                 
Net assets end of period
  $ 38,956,794     $ 61,513,561     $ 12,114,415     $ -     $ 67,216,459     $ 8,741,480     $ 22,395,345     $ 16,216,770     $ 30,199,266     $ 17,233,294  
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2010
    1,107,065       6,588,284       1,188,452       -       4,941,355       1,043,553       2,068,582       1,037,531       1,083,581       1,086,663  
                                                                                 
      Units Issued
    984,432       1,990,996       712,848       -       2,173,405       534,035       1,138,585       643,420       521,604       646,974  
      Units Redeemed
    (601,283 )     (1,284,389 )     (235,886 )     -       (1,014,400 )     (275,264 )     (435,888 )     (336,008 )     (295,146 )     (355,392 )
                                                                                 
Units Outstanding at December 31, 2011
    1,490,214       7,294,891       1,665,414       -       6,100,360       1,302,324       2,771,279       1,344,943       1,310,039       1,378,245  
                                                                                 
(a) Commencement of operations December 12, 2011.
                                                                         
 
See notes to the financial statements.
 
 
Page 45

 
 
JNLNY Separate Account I
                                   
Statements of Changes in Net Assets
                                   
For the Year Ended December 31, 2011
                                     
                                                             
   
JNL/
Goldman Sachs
Mid Cap
Value Portfolio
 
JNL/Goldman
Sachs U.S.
Equity Flex
Portfolio
 
JNL/Invesco
Global Real Estate
Portfolio
 
JNL/Invesco
International
Growth Portfolio
 
JNL/Invesco
Large Cap
Growth Portfolio
 
JNL/Invesco
Small Cap
Growth Portfolio
 
JNL/Ivy
Asset Strategy
Portfolio
 
JNL/JPMorgan
International
Value Portfolio
 
JNL/JPMorgan
MidCap Growth
Portfolio
 
JNL/JPMorgan
U.S. Government
& Quality Bond
Portfolio
Operations
                                                           
   Net investment income (loss)
  $ (114,812 )   $ (81,688 )   $ 202,658     $ (172,027 )   $ (236,031 )   $ (186,064 )   $ (639,121 )   $ 230,106     $ (312,424 )   $ 292,857  
   Net realized gain (loss) on investments
    858,687       13,017       (112,238 )     149,080       589,825       751,685       218,782       (1,956,253 )     1,432,347       573,920  
   Net change in unrealized appreciation                                                                                
     (depreciation) on investments
    (2,233,766 )     (658,329 )     (1,929,432 )     (1,620,755 )     (2,007,500 )     (1,694,091 )     (5,051,118 )     (2,109,131 )     (2,887,937 )     1,284,344  
Net increase (decrease) in net assets                                                                                
   from operations
    (1,489,891 )     (727,000 )     (1,839,012 )     (1,643,702 )     (1,653,706 )     (1,128,470 )     (5,471,457 )     (3,835,278 )     (1,768,014 )     2,151,121  
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    6,286,104       766,938       6,547,668       4,874,271       4,315,826       3,566,212       21,381,188       3,203,538       3,073,873       8,522,818  
   Surrenders and terminations
    (440,022 )     (180,257 )     (828,406 )     (1,232,389 )     (1,023,272 )     (926,678 )     (1,138,777 )     (1,244,228 )     (1,467,490 )     (2,816,580 )
   Transfers between portfolios
    6,727,363       (143,480 )     (1,225,700 )     (1,725,151 )     884,912       (148,080 )     8,826,484       1,127,019       570,869       3,696,936  
   Net annuitization transactions
    -       -       -       -       -       -       (4,728 )     (25,578 )     -       (450,471 )
   Policyholder charges (Note 3)
    (117,610 )     (36,694 )     (124,341 )     (110,286 )     (105,208 )     (56,596 )     (498,449 )     (83,742 )     (75,296 )     (204,787 )
Net increase (decrease) in net assets from                                                                                
   contract transactions
    12,455,835       406,507       4,369,221       1,806,445       4,072,258       2,434,858       28,565,718       2,977,009       2,101,956       8,747,916  
                                                                                 
Net increase (decrease) in net assets
    10,965,944       (320,493 )     2,530,209       162,743       2,418,552       1,306,388       23,094,261       (858,269 )     333,942       10,899,037  
                                                                                 
Net assets beginning of period
    11,927,668       5,597,727       16,691,213       18,690,943       13,781,275       9,681,115       30,214,491       18,236,946       19,305,101       24,533,169  
                                                                                 
Net assets end of period
  $ 22,893,612     $ 5,277,234     $ 19,221,422     $ 18,853,686     $ 16,199,827     $ 10,987,503     $ 53,308,752     $ 17,378,677     $ 19,639,043     $ 35,432,206  
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2010
    913,592       649,725       1,354,231       1,181,437       1,123,950       637,395       2,696,388       1,431,547       883,839       1,348,797  
                                                                                 
      Units Issued
    1,188,652       193,489       838,837       434,187       857,356       668,214       2,810,121       846,447       355,348       940,962  
      Units Redeemed
    (199,896 )     (146,917 )     (505,212 )     (332,173 )     (548,227 )     (562,259 )     (281,727 )     (692,075 )     (293,717 )     (499,217 )
                                                                                 
Units Outstanding at December 31, 2011
    1,902,348       696,297       1,687,856       1,283,451       1,433,079       743,350       5,224,782       1,585,919       945,470       1,790,542  
 
See notes to the financial statements.
 
 
Page 46

 
 
JNLNY Separate Account I
                                   
Statements of Changes in Net Assets
                                   
For the Year Ended December 31, 2011
                                         
                                                             
   
JNL/Lazard
Emerging Markets
Portfolio
 
JNL/Lazard
Mid Cap
Equity Portfolio
 
JNL/M&G
Global Basics
Portfolio
 
JNL/M&G
Global Leaders
Portfolio
 
JNL/MCM
10 x 10
Portfolio
 
JNL/MCM
25 Portfolio
 
JNL/MCM
Bond Index
Portfolio
 
JNL/MCM
Communications
Sector Portfolio
 
JNL/MCM
Consumer Brands
Sector Portfolio
 
JNL/MCM
Dow Dividend
Portfolio
Operations
                                                           
   Net investment income (loss)
  $ (275,904 )   $ (140,289 )   $ (28,749 )   $ (13,279 )   $ (17,570 )   $ 191,444     $ 343,223     $ 64,250     $ (42,856 )   $ 281,615  
   Net realized gain (loss) on investments
    2,108,870       168,243       63,740       142,505       162,167       1,626,366       589,727       27,350       205,670       (399,389 )
   Net change in unrealized appreciation                                                                                
     (depreciation) on investments
    (11,983,217 )     (1,053,757 )     (359,888 )     (363,923 )     (1,475,553 )     (299,409 )     366,651       (332,919 )     (52,060 )     936,900  
Net increase (decrease) in net assets                                                                                
   from operations
    (10,150,251 )     (1,025,803 )     (324,897 )     (234,697 )     (1,330,956 )     1,518,401       1,299,601       (241,319 )     110,754       819,126  
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    10,609,313       3,113,410       983,113       1,032,171       6,862,031       3,878,184       3,924,543       1,193,091       1,558,458       4,945,844  
   Surrenders and terminations
    (2,186,872 )     (1,156,972 )     (117,284 )     (34,663 )     (1,522,506 )     (1,297,113 )     (2,171,658 )     (189,667 )     (146,736 )     (761,046 )
   Transfers between portfolios
    (13,713,217 )     (582,150 )     367,255       (157,272 )     (1,179,651 )     (8,323,579 )     2,715,514       1,251,964       774,042       (547,507 )
   Net annuitization transactions
    (4,966 )     -       -       -       -       -       -       -       (24,291 )     (32,253 )
   Policyholder charges (Note 3)
    (323,598 )     (60,345 )     (16,761 )     (12,087 )     (170,070 )     (85,216 )     (87,722 )     (23,316 )     (27,051 )     (105,753 )
Net increase (decrease) in net assets from                                                                                
   contract transactions
    (5,619,340 )     1,313,943       1,216,323       828,149       3,989,804       (5,827,724 )     4,380,677       2,232,072       2,134,422       3,499,285  
                                                                                 
Net increase (decrease) in net assets
    (15,769,591 )     288,140       891,426       593,452       2,658,848       (4,309,323 )     5,680,278       1,990,753       2,245,176       4,318,411  
                                                                                 
Net assets beginning of period
    56,930,536       13,799,529       1,664,376       1,296,831       28,350,841       26,660,420       22,460,718       4,063,362       3,220,260       17,318,096  
                                                                                 
Net assets end of period
  $ 41,160,945     $ 14,087,669     $ 2,555,802     $ 1,890,283     $ 31,009,689     $ 22,351,097     $ 28,140,996     $ 6,054,115     $ 5,465,436     $ 21,636,507  
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2010
    4,060,448       716,317       113,388       103,443       3,273,453       1,940,572       1,725,391       746,329       286,581       2,557,810  
                                                                                 
      Units Issued
    1,243,739       231,466       124,328       123,539       991,136       681,907       650,156       1,171,414       406,873       1,151,117  
      Units Redeemed
    (1,686,228 )     (165,901 )     (37,493 )     (53,613 )     (554,752 )     (1,102,539 )     (331,242 )     (735,602 )     (230,834 )     (641,532 )
                                                                                 
Units Outstanding at December 31, 2011
    3,617,959       781,882       200,223       173,369       3,709,837       1,519,940       2,044,305       1,182,141       462,620       3,067,395  
 
See notes to the financial statements.
 
 
Page 47

 
 
JNLNY Separate Account I
                             
Statements of Changes in Net Assets
                             
For the Year Ended December 31, 2011
                                     
                                                             
   
JNL/MCM
Emerging Markets
Index Portfolio(a)
 
JNL/MCM
European 30
Portfolio
 
JNL/MCM
Financial
Sector Portfolio
 
JNL/MCM
Global Alpha
Portfolio
 
JNL/MCM
Healthcare
Sector Portfolio
 
JNL/MCM
Index 5
Portfolio
 
JNL/MCM
International
Index Portfolio
 
JNL/MCM
JNL 5
Portfolio
 
JNL/MCM
JNL Optimized
5 Portfolio
 
JNL/MCM
Nasdaq 25
Portfolio
Operations
                                                           
   Net investment income (loss)
  $ (21 )   $ 6,452     $ (118,104 )   $ (11,409 )   $ (103,600 )   $ (195,808 )   $ 336,218     $ 3,655,629     $ 75,515     $ (74,966 )
   Net realized gain (loss) on investments
    -       85,388       7,631       32,863       425,765       641,909       (950,740 )     (11,457,932 )     (104,422 )     320,621  
   Net change in unrealized appreciation                                                                                
     (depreciation) on investments
    (405 )     (238,093 )     (1,606,161 )     4,766       753,815       (2,155,084 )     (4,544,059 )     (1,152,747 )     (4,063,834 )     (217,300 )
Net increase (decrease) in net assets                                                                                  
   from operations
    (426 )     (146,253 )     (1,716,634 )     26,220       1,075,980       (1,708,983 )     (5,158,581 )     (8,955,050 )     (4,092,741 )     28,355  
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    38,472       435,627       2,040,376       1,020,185       5,074,526       13,905,311       5,464,143       12,582,781       3,065,324       1,434,130  
   Surrenders and terminations
    (31 )     (69,818 )     (609,108 )     (37,650 )     (829,803 )     (1,148,133 )     (3,417,919 )     (19,195,144 )     (1,415,091 )     (225,821 )
   Transfers between portfolios
    75,168       (21,298 )     692,937       181,549       1,819,808       2,157,719       534,328       (14,324,177 )     (541,611 )     153,094  
   Net annuitization transactions
    -       -       -       -       -       -       (7,727 )     (224,608 )     -       -  
   Policyholder charges (Note 3)
    -       (11,784 )     (57,394 )     (15,704 )     (98,876 )     (188,945 )     (133,295 )     (442,354 )     (140,264 )     (28,076 )
Net increase (decrease) in net assets from                                                                                
   contract transactions
    113,609       332,727       2,066,811       1,148,380       5,965,655       14,725,952       2,439,530       (21,603,502 )     968,358       1,333,327  
                                                                                 
Net increase (decrease) in net assets
    113,183       186,474       350,177       1,174,600       7,041,635       13,016,969       (2,719,051 )     (30,558,552 )     (3,124,383 )     1,361,682  
                                                                                 
Net assets beginning of period
    -       1,305,737       9,304,134       917,015       11,108,208       29,866,828       34,076,029       255,346,979       33,785,801       5,544,742  
                                                                                 
Net assets end of period
  $ 113,183     $ 1,492,211     $ 9,654,311     $ 2,091,615     $ 18,149,843     $ 42,883,797     $ 31,356,978     $ 224,788,427     $ 30,661,418     $ 6,906,424  
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2010
    -       109,176       1,247,372       89,304       971,115       3,123,404       2,261,041       23,278,571       3,516,407       500,625  
                                                                                 
      Units Issued
    12,530       77,630       2,677,756       139,937       1,015,195       1,804,521       737,174       1,751,428       709,545       395,046  
      Units Redeemed
    (3 )     (50,023 )     (2,415,702 )     (27,893 )     (537,389 )     (275,612 )     (596,010 )     (3,780,321 )     (624,980 )     (275,457 )
                                                                                 
Units Outstanding at December 31, 2011
    12,527       136,783       1,509,426       201,348       1,448,921       4,652,313       2,402,205       21,249,678       3,600,972       620,214  
                                                                                 
(a) Commencement of operations August 29, 2011.
                                                                         
 
See notes to the financial statements.
 
 
Page 48

 
 
JNLNY Separate Account I
Statements of Changes in Net Assets
For the Year Ended December 31, 2011
 
   
JNL/MCM
NYSE International

25 Portfolio
 
JNL/MCM
Oil & Gas

Sector Portfolio
 
JNL/MCM
Pacific Rim 30

Portfolio
 
JNL/MCM
S&P 24

Portfolio
 
JNL/MCM
S&P 400 MidCap

Index Portfolio
 
JNL/MCM
S&P 500

Index Portfolio
 
JNL/MCM
S&P SMid

60 Portfolio
 
JNL/MCM
Select Small-Cap

Portfolio
 
JNL/MCM
Small Cap

Index Portfolio
 
JNL/MCM
Technology

Sector Portfolio
Operations
                                                           
   Net investment income (loss)
  $ 40,618     $ (353,344 )   $ (4,174 )   $ (21,185 )   $ (382,645 )   $ 435,741     $ (98,431 )   $ (40,621 )   $ (282,066 )   $ (329,972 )
   Net realized gain (loss) on investments
    (201,959 )     1,349,302       231,094       45,428       3,100,479       2,407,797       784,102       (507,488 )     2,194,552       2,182,597  
   Net change in unrealized appreciation                                                                                
  (depreciation) on investments
    (1,595,909 )     (1,354,684 )     (301,672 )     41,766       (4,248,170 )     (3,475,197 )     (1,780,557 )     522,757       (3,786,988 )     (2,512,658 )
Net increase (decrease) in net assets                                                                                
   from operations
    (1,757,250 )     (358,726 )     (74,752 )     66,009       (1,530,336 )     (631,659 )     (1,094,886 )     (25,352 )     (1,874,502 )     (660,033 )
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    915,366       10,812,484       1,178,941       446,232       6,056,238       14,441,334       1,608,953       1,057,755       4,445,554       5,505,963  
   Surrenders and terminations
    (260,770 )     (2,394,673 )     (166,168 )     (44,068 )     (3,786,727 )     (5,662,667 )     (370,916 )     (612,368 )     (3,185,836 )     (760,030 )
   Transfers between portfolios
    349,274       2,565,949       (1,075,385 )     292,176       (1,064,625 )     21,605,106       56,101       (1,055,518 )     (1,019,831 )     (2,483,615 )
   Net annuitization transactions
    -       -       -       -       -       -       -       -       -       -  
   Policyholder charges (Note 3)
    (22,059 )     (233,130 )     (26,331 )     (7,046 )     (116,306 )     (524,741 )     (32,375 )     (19,756 )     (87,191 )     (132,085 )
Net increase (decrease) in net assets from                                                                                
   contract transactions
    981,811       10,750,630       (88,943 )     687,294       1,088,580       29,859,032       1,261,763       (629,887 )     152,696       2,130,233  
                                                                                 
Net increase (decrease) in net assets
    (775,439 )     10,391,904       (163,695 )     753,303       (441,756 )     29,227,373       166,877       (655,239 )     (1,721,806 )     1,470,200  
                                                                                 
Net assets beginning of period
    6,019,564       30,493,279       3,375,534       1,552,338       35,870,995       65,927,693       11,166,607       8,067,684       31,065,969       19,316,718  
                                                                                 
Net assets end of period
  $ 5,244,125     $ 40,885,183     $ 3,211,839     $ 2,305,641     $ 35,429,239     $ 95,155,066     $ 11,333,484     $ 7,412,445     $ 29,344,163     $ 20,786,918  
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2010
    730,488       993,661       259,887       162,583       2,175,353       6,111,514       976,568       638,919       2,092,402       2,843,086  
                                                                                 
      Units Issued
    305,633       801,581       143,547       113,223       663,488       4,390,757       335,207       145,006       509,271       2,745,823  
      Units Redeemed
    (185,721 )     (493,072 )     (147,414 )     (42,407 )     (620,755 )     (1,655,339 )     (221,800 )     (201,425 )     (507,191 )     (2,489,600 )
                                                                                 
Units Outstanding at December 31, 2011
    850,400       1,302,170       256,020       233,399       2,218,086       8,846,932       1,089,975       582,500       2,094,482       3,099,309  
 
See notes to the financial statements.
 
 
Page 49

 
 
JNLNY Separate Account I
Statements of Changes in Net Assets
For the Year Ended December 31, 2011
 
   
JNL/MCM
Value Line 30

Portfolio
 
JNL/MCM
VIP Portfolio
 
JNL/
Oppenheimer

Global Growth

Portfolio
 
JNL/PAM
Asia ex-Japan

Portfolio
 
JNL/PAM
China-India

Portfolio
 
JNL/PIMCO
Real Return

Portfolio
 
JNL/PIMCO
Total Return

Bond Portfolio
 
JNL/PPM
America Floating

Rate Income

Portfolio
 
JNL/
PPM America

High Yield

Bond Portfolio
 
JNL/
PPM America

Mid Cap Value

Portfolio
Operations
                                                           
   Net investment income (loss)
  $ (579,632 )   $ (38,639 )   $ (242,860 )   $ (92,385 )   $ (270,883 )   $ (362,676 )   $ 2,671,585     $ (36,754 )   $ 2,573,396     $ (51,917 )
   Net realized gain (loss) on investments
    (1,467,707 )     (700,254 )     155,968       898,161       1,398,753       3,959,714       618,631       (58,952 )     1,205,448       106,414  
   Net change in unrealized appreciation                                                                                
  (depreciation) on investments
    (7,092,780 )     173,810       (2,706,797 )     (2,853,575 )     (8,309,173 )     1,816,291       1,798,849       37,466       (2,400,116 )     (493,446 )
Net increase (decrease) in net assets                                                                                
   from operations
    (9,140,119 )     (565,083 )     (2,793,689 )     (2,047,799 )     (7,181,303 )     5,413,329       5,089,065       (58,240 )     1,378,728       (438,949 )
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    1,642,446       1,713,625       6,657,149       1,942,966       6,732,945       19,255,097       44,664,632       5,247,091       11,520,272       1,265,373  
   Surrenders and terminations
    (2,280,646 )     (662,668 )     (1,259,745 )     (283,587 )     (635,739 )     (3,482,823 )     (11,964,074 )     (31,387 )     (2,772,506 )     (91,438 )
   Transfers between portfolios
    7,148,859       (964,815 )     1,610,432       (999,110 )     (850,918 )     9,640,694       (765,468 )     673,986       1,943,688       120,769  
   Net annuitization transactions
    (4,483 )     -       -       -       -       (12,228 )     (1,106 )     -       -       -  
   Policyholder charges (Note 3)
    (60,718 )     (32,794 )     (135,121 )     (54,656 )     (160,710 )     (467,079 )     (1,327,791 )     (23,863 )     (249,200 )     (34,330 )
Net increase (decrease) in net assets from                                                                                
   contract transactions
    6,445,458       53,348       6,872,715       605,613       5,085,578       24,933,661       30,606,193       5,865,827       10,442,254       1,260,374  
                                                                                 
Net increase (decrease) in net assets
    (2,694,661 )     (511,735 )     4,079,026       (1,442,186 )     (2,095,725 )     30,346,990       35,695,258       5,807,587       11,820,982       821,425  
                                                                                 
Net assets beginning of period
    31,853,672       11,904,511       21,461,730       9,192,808       21,617,761       45,867,748       155,395,705       -       38,138,201       2,878,712  
                                                                                 
Net assets end of period
  $ 29,159,011     $ 11,392,776     $ 25,540,756     $ 7,750,622     $ 19,522,036     $ 76,214,738     $ 191,090,963     $ 5,807,587     $ 49,959,183     $ 3,700,137  
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2010
    2,563,555       1,069,134       1,569,805       975,198       2,520,101       3,628,265       8,811,512       -       2,558,222       276,200  
                                                                                 
      Units Issued
    1,129,731       221,986       739,264       437,901       1,470,853       2,607,961       3,445,033       790,659       1,921,908       266,254  
      Units Redeemed
    (603,956 )     (211,441 )     (249,619 )     (353,379 )     (783,506 )     (758,222 )     (1,831,609 )     (204,600 )     (1,248,938 )     (152,872 )
                                                                                 
Units Outstanding at December 31, 2011
    3,089,330       1,079,679       2,059,450       1,059,720       3,207,448       5,478,004       10,424,936       586,059       3,231,192       389,582  
 
See notes to the financial statements.
 
 
Page 50

 
 
JNLNY Separate Account I
Statements of Changes in Net Assets
For the Year Ended December 31, 2011
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
 
   
JNL/
PPM America

Small Cap Value

Portfolio
 
JNL/
PPM America

Value Equity

Portfolio
 
JNL/
Red Rocks Listed

Private Equity

Portfolio
 
JNL/S&P 4
Portfolio
 
JNL/S&P
Competitive

Advantage

Portfolio
 
JNL/S&P
Dividend Income

& Growth

Portfolio
 
JNL/S&P
Intrinsic Value

Portfolio
 
JNL/
S&P Managed

Aggressive

Growth Portfolio
 
JNL/
S&P Managed

Conservative

Portfolio
 
JNL/
S&P Managed

Growth Portfolio
Operations
                                                           
   Net investment income (loss)
  $ (37,328 )   $ (19,295 )   $ 810,483     $ 1,606,336     $ (51,628 )   $ 51,137     $ (51,757 )   $ (799,788 )   $ 649,250     $ (1,647,932 )
   Net realized gain (loss) on investments
    313,086       121,165       413,338       2,800,548       960,225       1,036,145       378,372       1,871,139       2,296,866       3,623,215  
   Net change in unrealized appreciation                                                                                
  (depreciation) on investments
    (543,059 )     (348,137 )     (4,471,121 )     (2,490,691 )     (706,741 )     816,192       (1,541,317 )     (6,625,446 )     (1,582,996 )     (11,928,207 )
Net increase (decrease) in net assets
                                                                               
   from operations
    (267,301 )     (246,267 )     (3,247,300 )     1,916,193       201,856       1,903,474       (1,214,702 )     (5,554,095 )     1,363,120       (9,952,924 )
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    907,970       596,528       3,734,797       9,531,039       756,489       8,058,709       2,629,962       11,525,292       24,360,606       40,116,321  
   Surrenders and terminations
    (63,450 )     (509,086 )     (586,448 )     (1,950,017 )     (216,659 )     (617,998 )     (430,434 )     (8,684,852 )     (7,848,230 )     (11,517,781 )
   Transfers between portfolios
    (40,709 )     (1,068,838 )     3,636,473       (2,806,666 )     (2,077,751 )     7,421,151       10,287,726       1,609,750       442,788       (1,871,343 )
   Net annuitization transactions
    -       -       -       -       -       -       -       (4,861 )     -       -  
   Policyholder charges (Note 3)
    (28,371 )     (21,099 )     (91,627 )     (209,674 )     (18,014 )     (174,267 )     (43,235 )     (372,227 )     (722,035 )     (954,427 )
Net increase (decrease) in net assets from                                                                                
   contract transactions
    775,440       (1,002,495 )     6,693,195       4,564,682       (1,555,935 )     14,687,595       12,444,019       4,073,102       16,233,129       25,772,770  
                                                                                 
Net increase (decrease) in net assets
    508,139       (1,248,762 )     3,445,895       6,480,875       (1,354,079 )     16,591,069       11,229,317       (1,480,993 )     17,596,249       15,819,846  
                                                                                 
Net assets beginning of period
    2,589,196       5,414,150       5,977,442       46,655,478       5,117,229       11,456,915       4,508,146       69,459,420       88,158,503       168,908,532  
                                                                                 
Net assets end of period
  $ 3,097,335     $ 4,165,388     $ 9,423,337     $ 53,136,353     $ 3,763,150     $ 28,047,984     $ 15,737,463     $ 67,978,427     $ 105,754,752     $ 184,728,378  
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2010
    249,923       394,928       587,609       4,471,298       474,282       1,136,030       414,392       4,957,226       7,440,699       11,485,332  
                                                                                 
      Units Issued
    204,566       96,795       1,474,031       1,571,797       492,360       2,077,503       1,718,789       2,897,829       2,830,046       4,041,597  
      Units Redeemed
    (124,646 )     (171,640 )     (911,400 )     (1,158,157 )     (648,372 )     (697,985 )     (753,841 )     (2,728,757 )     (1,485,610 )     (2,423,113 )
                                                                                 
Units Outstanding at December 31, 2011
    329,843       320,083       1,150,240       4,884,938       318,270       2,515,548       1,379,340       5,126,298       8,785,135       13,103,816  
 
See notes to the financial statements.
 
 
Page 51

 
 
JNLNY Separate Account I
Statements of Changes in Net Assets
For the Year Ended December 31, 2011
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
   
 
 
   
JNL/
S&P Managed

Moderate

Portfolio
 
JNL/
S&P Managed

Moderate

Growth Portfolio
 
JNL/S&P
Total Yield

Portfolio
 
JNL/T. Rowe
Price Established

Growth Portfolio
 
JNL/T. Rowe
Price Mid-Cap

Growth Portfolio
 
JNL/T. Rowe
Price Short-Term

Bond Portfolio
 
JNL/T. Rowe
Price Value

Portfolio
 
JNL/WMC
Balanced

Portfolio
 
JNL/WMC
Money Market

Portfolio
 
JNL/WMC
Value

Portfolio
Operations
                                                           
   Net investment income (loss)
  $ 567,368     $ 88,258     $ (8,985 )   $ (979,195 )   $ (1,159,432 )   $ (61,918 )   $ (51,839 )   $ (248,252 )   $ (584,033 )   $ (121,941 )
   Net realized gain (loss) on investments
    3,142,139       6,908,538       95,491       1,924,263       9,252,257       (1,235 )     (66,621 )     914,609       324       360,193  
   Net change in unrealized appreciation                                                                                
  (depreciation) on investments
    (5,661,360 )     (15,182,441 )     (367,102 )     (3,379,476 )     (10,850,935 )     (1,436 )     (1,266,310 )     332,819       -       (1,137,830 )
Net increase (decrease) in net assets
                                                                               
   from operations
    (1,951,853 )     (8,185,645 )     (280,596 )     (2,434,408 )     (2,758,110 )     (64,589 )     (1,384,770 )     999,176       (583,709 )     (899,578 )
                                                                                 
Contract transactions 1
                                                                               
   Purchase payments (Note 4)
    45,817,231       64,141,307       1,032,915       13,458,483       14,974,889       6,514,391       6,042,973       22,027,862       43,625,361       4,848,995  
   Surrenders and terminations
    (9,457,762 )     (14,501,478 )     (50,039 )     (4,318,191 )     (4,284,209 )     (1,173,668 )     (2,583,889 )     (3,672,215 )     (10,664,313 )     (1,132,734 )
   Transfers between portfolios
    3,467,800       7,040,293       391,433       5,491,525       (570,000 )     1,091,963       2,559,882       2,159,090       (16,551,079 )     890,164  
   Net annuitization transactions
    (55,499 )     (127,547 )     -       -       (2,438 )     -       -       (18,745 )     -       (1,197 )
   Policyholder charges (Note 3)
    (1,238,496 )     (1,622,100 )     (25,214 )     (344,413 )     (343,142 )     (137,336 )     (135,529 )     (552,670 )     (275,251 )     (111,174 )
Net increase (decrease) in net assets from                                                                                
   contract transactions
    38,533,274       54,930,475       1,349,095       14,287,404       9,775,100       6,295,350       5,883,437       19,943,322       16,134,718       4,494,054  
                                                                                 
Net increase (decrease) in net assets
    36,581,421       46,744,830       1,068,499       11,852,996       7,016,990       6,230,761       4,498,667       20,942,498       15,551,009       3,594,476  
                                                                                 
Net assets beginning of period
    146,451,063       210,716,117       1,932,912       54,173,715       68,198,227       13,770,108       30,599,249       56,078,412       25,380,754       19,318,693  
                                                                                 
Net assets end of period
  $ 183,032,484     $ 257,460,947     $ 3,001,411     $ 66,026,711     $ 75,215,217     $ 20,000,869     $ 35,097,916     $ 77,020,910     $ 40,931,763     $ 22,913,169  
                                                                                 
1 Contract unit transactions
                                                                               
Units Outstanding at December 31, 2010
    11,837,377       14,293,300       199,339       2,000,459       1,490,061       1,319,661       2,125,744       2,044,650       2,031,293       984,256  
                                                                                 
      Units Issued
    4,626,555       5,529,822       226,121       997,210       555,733       1,275,636       1,005,550       1,006,321       9,590,935       404,002  
      Units Redeemed
    (1,582,031 )     (1,952,833 )     (93,619 )     (546,558 )     (370,167 )     (676,930 )     (608,604 )     (312,014 )     (8,282,215 )     (179,565 )
                                                                                 
Units Outstanding at December 31, 2011
    14,881,901       17,870,289       331,841       2,451,111       1,675,627       1,918,367       2,522,690       2,738,957       3,340,013       1,208,693  
 
See notes to the financial statements.
 
 
Page 52

 
 
JNLNY Separate Account I
Notes to the Financial Statements
 
Note 1 – Organization

Jackson National Life Insurance Company of New York (“Jackson”) established JNLNY Separate Account I (the “Separate Account”) on September 12, 1997.  The Separate Account commenced operations on November 27, 1998, and is registered under the Investment Company Act of 1940 as a unit investment trust.

The Separate Account assets legally belong to Jackson and the obligations under the contracts are the obligation of Jackson.  However, the contract assets in the Separate Account are not chargeable with liabilities arising out of any other business Jackson may conduct.

The Separate Account receives and invests, based on directions of the contract holder, net premiums for individual flexible premium variable annuity contracts issued by Jackson.  The contracts can be purchased on a non-tax qualified basis or in connection with certain plans qualifying for favorable federal income tax treatment.  The Separate Account contains one hundred thirty-six (136) sub-accounts (“Portfolios”) as of December 31, 2012.  These Portfolios each invest in the following mutual funds (collectively, the “Funds”):

Curian Variable Series Trust
Curian Dynamic Risk Advantage – Aggressive Fund
 
Curian Guidance – Moderate Growth Fund(1)
 
Curian/FAMCO Flex Core Covered Call Fund
Curian Dynamic Risk Advantage – Diversified Fund
 
Curian Guidance – Rising Income Fund(1)
 
Curian/Franklin Templeton Frontier Markets Fund
Curian Dynamic Risk Advantage – Income Fund
 
Curian Guidance – Tactical Maximum Growth Fund(1)
 
Curian/Franklin Templeton Natural Resources Fund
Curian Guidance – Balanced Income Fund(1)
 
Curian Guidance – Tactical Moderate Growth Fund(1)
 
Curian/Neuberger Berman Currency Fund
Curian Guidance – Equity 100 Fund(1)
 
Curian Tactical Advantage 35 Fund
 
Curian/Nicholas Convertible Arbitrage Fund
Curian Guidance – Fixed Income 100 Fund(1)
 
Curian Tactical Advantage 60 Fund
 
Curian/PIMCO Credit Income Fund
Curian Guidance – Institutional Alt 65 Fund(1)
 
Curian Tactical Advantage 75 Fund
 
Curian/PineBridge Merger Arbitrage Fund
Curian Guidance – Institutional Alt 100 Fund(1)
 
Curian/American Funds Growth Fund
 
Curian/The Boston Company Equity Income Fund
Curian Guidance – Maximize Income Fund(1)
 
Curian/DFA U.S. Micro Cap Fund
 
Curian/The Boston Company Multi-Alpha Market Neutral Equity Fund
Curian Guidance – Maximum Growth Fund(1)
 
Curian/Epoch Global Shareholder Yield Fund
 
Curian/Van Eck International Gold Fund

JNL Series Trust
JNL Disciplined Growth Fund(1)
 
JNL/Brookfield Global Infrastructure Fund
 
JNL/Invesco Global Real Estate Fund
JNL Disciplined Moderate Fund(1)
 
JNL/Capital Guardian Global Balanced Fund
 
JNL/Invesco International Growth Fund
JNL Disciplined Moderate Growth Fund(1)
 
JNL/Capital Guardian Global Diversified Research Fund
 
JNL/Invesco Large Cap Growth Fund
JNL Institutional Alt 20 Fund(1)
 
JNL/DFA U.S. Core Equity Fund
 
JNL/Invesco Small Cap Growth Fund
JNL Institutional Alt 35 Fund(1)
 
JNL/Eagle SmallCap Equity Fund
 
JNL/Ivy Asset Strategy Fund
JNL Institutional Alt 50 Fund(1)
 
JNL/Eastspring Investments Asia ex-Japan Fund(1)
 
JNL/JPMorgan International Value Fund
JNL Institutional Alt 65 Fund(1) (2)
 
JNL/Eastspring Investments China-India Fund(1)
 
JNL/JPMorgan MidCap Growth Fund
JNL/American Funds Balanced Allocation Fund(1)
 
JNL/Franklin Templeton Founding Strategy Fund(1)
 
JNL/JPMorgan U.S. Government & Quality Bond Fund
JNL/American Funds Blue Chip Income and Growth Fund
 
JNL/Franklin Templeton Global Growth Fund
 
JNL/Lazard Emerging Markets Fund
JNL/American Funds Global Bond Fund
 
JNL/Franklin Templeton Global Multisector Bond Fund
 
JNL/Lazard Mid Cap Equity Fund
JNL/American Funds Global Small Capitalization Fund
 
JNL/Franklin Templeton Income Fund
 
JNL/M&G Global Basics Fund(1)
JNL/American Funds Growth Allocation Fund(1)
 
JNL/Franklin Templeton International Small Cap Growth Fund
 
JNL/M&G Global Leaders Fund(1)
JNL/American Funds Growth-Income Fund
 
JNL/Franklin Templeton Mutual Shares Fund
 
JNL/MCM 10 x 10 Fund(1) (3)
JNL/American Funds International Fund
 
JNL/Franklin Templeton Small Cap Value Fund
 
JNL/MCM Bond Index Fund(3)
JNL/American Funds New World Fund
 
JNL/Goldman Sachs Core Plus Bond Fund
 
JNL/MCM Dow Jones U.S. Contrarian Opportunities Index Fund(3)
JNL/AQR Managed Futures Strategy Fund
 
JNL/Goldman Sachs Emerging Markets Debt Fund
 
JNL/MCM Emerging Markets Index Fund(3)
JNL/BlackRock Commodity Securities Fund
 
JNL/Goldman Sachs Mid Cap Value Fund
 
JNL/MCM European 30 Fund(3)
JNL/BlackRock Global Allocation Fund
 
JNL/Goldman Sachs U.S. Equity Flex Fund
 
JNL/MCM Global Alpha Fund(3)
 
 
Page 53

 
 
JNLNY Separate Account I
Notes to the Financial Statements (continued)
 
Note 1 – Organization (continued)
 
JNL Series Trust (continued)
JNL/MCM Index 5 Fund(1) (3)
 
JNL/PPM America High Yield Bond Fund(1)
 
JNL/S&P Managed Moderate Fund
JNL/MCM International Index Fund(3)
 
JNL/PPM America Mid Cap Value Fund(1)
 
JNL/S&P Managed Moderate Growth Fund
JNL/MCM Pacific Rim 30 Fund(3)
 
JNL/PPM America Small Cap Value Fund(1)
 
JNL/S&P Total Yield Fund
JNL/MCM S&P 400 MidCap Index Fund(3)
 
JNL/PPM America Value Equity Fund(1)
 
JNL/T. Rowe Price Established Growth Fund
JNL/MCM S&P 500 Index Fund(3)
 
JNL/Red Rocks Listed Private Equity Fund
 
JNL/T. Rowe Price Mid-Cap Growth Fund
JNL/MCM Small Cap Index Fund(3)
 
JNL/S&P 4 Fund(1)
 
JNL/T. Rowe Price Short-Term Bond Fund
JNL/Morgan Stanley Mid Cap Growth Fund
 
JNL/S&P Competitive Advantage Fund
 
JNL/T. Rowe Price Value Fund
JNL/Neuberger Berman Strategic Income Fund
 
JNL/S&P Dividend Income & Growth Fund
 
JNL/UBS Large Cap Select Growth Fund
JNL/Oppenheimer Global Growth Fund
 
JNL/S&P Intrinsic Value Fund
 
JNL/WMC Balanced Fund
JNL/PIMCO Real Return Fund
 
JNL/S&P Managed Aggressive Growth Fund
 
JNL/WMC Money Market Fund
JNL/PIMCO Total Return Bond Fund
 
JNL/S&P Managed Conservative Fund
 
JNL/WMC Value Fund
JNL/PPM America Floating Rate Income Fund(1)
 
JNL/S&P Managed Growth Fund
   

JNL Variable Fund LLC
JNL/MCM 25 Fund(3)
 
JNL/MCM JNL 5 Fund(3)
 
JNL/MCM S&P® SMid 60 Fund(3)
JNL/MCM Communications Sector Fund(3)
 
JNL/MCM JNL Optimized 5 Fund(3)
 
JNL/MCM Select Small-Cap Fund(3)
JNL/MCM Consumer Brands Sector Fund(3)
 
JNL/MCM Nasdaq® 25 Fund(3)
 
JNL/MCM Technology Sector Fund(3)
JNL/MCM Dow SM Dividend Fund(3)
 
JNL/MCM NYSE® International 25 Fund(3)
 
JNL/MCM Value Line® 30 Fund(3)
JNL/MCM Financial Sector Fund(3)
 
JNL/MCM Oil & Gas Sector Fund(3)
 
JNL/MCM VIP Fund(3)
JNL/MCM Healthcare Sector Fund(3)
 
JNL/MCM S&P® 24 Fund(3)
   

Jackson National Asset Management, LLC serves as investment adviser for the Funds comprising the JNL Series Trust and the JNL Variable Fund LLC, Curian Capital, LLC serves as investment adviser for the Funds comprising the Curian Variable Series Trust, both are wholly-owned subsidiaries of Jackson and receive fees for their services from each Fund.

During the year ended December 31, 2012, the following Funds changed names:

  PRIOR FUND NAME
  CURRENT FUND NAME
  EFFECTIVE DATE
  JNL/Capital Guardian U.S. Growth Equity Fund
  JNL/UBS Large Cap Select Growth Fund(4)
  JNL/Eagle Core Equity Fund
  JNL/DFA U.S. Core Equity Fund(4)
  JNL/PAM Asia ex-Japan Fund
  JNL/Eastspring Investments Asia ex-Japan Fund(5)
  JNL/PAM China-India Fund
  JNL/Eastspring Investments China-India Fund(5)

 
Page 54

 

JNLNY Separate Account I
Notes to the Financial Statements (continued)
 
Note 1 – Organization (continued)

(1) These Funds are sub-advised by affiliates of Jackson.

(2) JNL Institutional Alt 65 Fund is closed to new investors.

(3) MCM denotes the sub-adviser Mellon Capital Management throughout these financial statements.

(4) These name changes are due to changes in sub-adviser.

(5) These name changes are due to company rebranding.

Note 2 – Significant Accounting Policies

The following is a summary of significant accounting policies followed by the Separate Account in the preparation of its financial statements.

Use of Estimates

The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period.  Actual results could differ from those estimates.

Investments

The Separate Account’s Portfolios’ investments in the corresponding Funds are stated at the closing net asset values of the respective Funds.  The average cost method is used in determining the cost of the shares sold on withdrawals by the Portfolios of the Separate Account.  Investments in the Funds are recorded on trade date.  Realized gain distributions and dividend distributions received from the Funds are reinvested in additional shares of the Funds and are recorded as income or gain to the Portfolios of the Separate Account on the ex-dividend date.

Federal Income Taxes

The operations of the Separate Account are included in the federal income tax return of Jackson, which is taxed as a “life insurance company” under the provisions of the Internal Revenue Code.  Under current law, no federal income taxes are payable with respect to the Separate Account.  Therefore, no federal income tax has been provided.

 
Page 55

 

JNLNY Separate Account I
Notes to the Financial Statements (continued)
 
Note 2 – Significant Accounting Policies (continued)

Topic 820 in the Accounting Standards Codification (ASC 820), “Fair Value Measurements”

This standard establishes a single authoritative definition of fair value, sets out a framework for measuring fair value and requires additional disclosures about fair value measurements. The changes to current GAAP from the application of this statement relate to the definition of fair value, the methods used to measure fair value, and expanded disclosures about fair value measurements. 
   
Various inputs are used in determining the value of the Portfolios’ investments in the Funds under ASC 820 guidance.  The inputs are summarized into three broad categories.  Level 1 includes valuations based on quoted prices of identical securities in active markets, including valuations for securities listed on a national or foreign stock exchange, or investments in mutual funds and securities lending collateral, which is valued as a practical expedient at its daily reported NAV.  Level 2 includes valuations for which all significant inputs are observable, either directly or indirectly.  Direct observable inputs include closing prices of similar securities in active markets or closing prices for identical or similar securities in non-active markets.  Indirect observable inputs include factors such as interest rates, yield curves, prepayment speeds, and credit risks.  Level 3 includes valuations based on inputs that are unobservable and significant to the fair value measurement including the Separate Account’s Portfolios’ own assumptions in determining the fair value of the investments in the respective Funds.  The inputs or methodology used for valuing securities are not necessarily an indication of the risk associated with investing in those securities.  As of December 31, 2012, all of the Separate Account’s Portfolios’ investments in each of the corresponding Funds are valued as a practical expedient at their daily reported NAVs. Therefore, all investments in Funds have been categorized as Level 1.  The characterization of the underlying securities held by the Funds in accordance with ASC 820 differs from the characterization of the Separate Account’s Portfolios’ investments in the corresponding Funds.

ASU No. 2011-04 “Amendments to Achieve Common Fair Value Measurement and Disclosure Requirements in U.S. GAAP and International Financial Reporting Standards”

In May 2011 FASB released ASU No. 2011-04 “Amendments to Achieve Common Fair Value Measurement and Disclosure Requirements in U.S. GAAP and International Financial Reporting Standards”.  ASU 2011-04 further clarifies fair value measurement principles and requires additional disclosures.  Effective for interim and annual periods beginning after December 15, 2011, entities will need to disclose the amounts and reasons for any transfers between Level 1 and Level 2 securities; quantitative information relating to significant observable inputs, a narrative description of the valuation process, and a narrative description of the sensitivity of the fair value measurements to changes in unobservable or Level 3 valuation inputs.

For the year ended December 31, 2012, there were no transfers between Level 1 and Level 2 securities.

Note 3 – Policy Charges

Charges are deducted from the Separate Account and remitted to Jackson, to compensate Jackson for providing the insurance benefits set forth in the contracts, administering the contracts, distributing the contracts, and assuming certain risks in connection with the contracts.

Policyholder Charges

Contract Maintenance Charge

An annual contract maintenance charge of $30 - $35 is assessed against each contract to reimburse Jackson for expenses incurred in establishing and maintaining records relating to the contract.  The contract maintenance charge is assessed on each anniversary of the contract date that occurs prior to the annuity date.  This charge is only imposed if the contract value is less than $50,000 on the date when the charge is assessed.  The charge is deducted by redeeming units.   For the years ended December 31, 2012 and 2011, contract maintenance charges were assessed in the amount of $289,209 and $294,711, respectively.

 
Page 56

 
 
JNLNY Separate Account I
Notes to the Financial Statements (continued)
 
Note 3 – Policy Charges (continued)

Transfer Charge

A transfer charge of $25 will apply to transfers made by contract holders between the Portfolios in excess of 15 transfers in a contract year.  Jackson may waive the transfer charge in connection with pre-authorized automatic transfer programs.  This charge will be deducted from the amount transferred prior to the allocation to a different Portfolio.  For the years ended December 31, 2012 and 2011, transfer charges were assessed in the amount of $3,750 and $365, respectively.

Surrender or Contingent Deferred Sales Charge

During the first seven contract years, certain contracts include a provision for a charge upon the surrender or partial surrender of the contract.  The amount assessed under the contract terms, if any, depends upon the cost associated with distributing the particular contracts.  The amount, if any, is determined based on a number of factors, including the amount withdrawn, the contract year of surrender, or the number and amount of withdrawals in a calendar year.  The surrender charges are assessed by Jackson and withheld from the proceeds of the withdrawals.   For the years ended December 31, 2012 and 2011, surrender charges were assessed in the amount of $1,383,479 and $1,443,418, respectively.

Optional Benefit Charges

Guaranteed Minimum Income Benefit Charge.  If this benefit has been selected, Jackson will assess an annual charge of 0.30% - 0.90%, depending on the product, of the Guaranteed Minimum Income Benefit (GMIB) base.   The charge will be deducted each calendar quarter from the contract value by redeeming units.

Guaranteed Minimum Withdrawal Benefit Charge.  If this benefit has been selected, Jackson will assess an annual charge of 0.51% - 3.00%, depending on the product, of the Guaranteed Withdrawal Balance (GWB).  The charge will be deducted each calendar quarter from the contract value by redeeming units.

Guaranteed Minimum Death Benefit Charge.  If any of the optional death benefits are selected that are available under the contract, Jackson will assess an annual charge of 0.42% - 0.72%, depending on product, of the Death Benefit base.  The charge will be deducted each contract quarter from the contract value by redeeming units.

Asset-based Charges

Insurance Charges

Jackson deducts a daily charge for administrative expenses from the net assets of the Separate Account equivalent to an annual rate of 0.15%.  In designated products, this expense is waived for initial contributions greater than $1 million, refer to the product prospectus for eligibility.  The administration charge is designed to reimburse Jackson for expenses incurred in administering the Separate Account and its contracts and is assessed through the unit value calculation.

Jackson deducts a daily base contract charge from the net assets of the Separate Account equivalent to an annual rate of 0.15% - 1.65% for the assumption of mortality and expense risks.  The mortality risk assumed by Jackson is that the insured may receive benefits greater than those anticipated by Jackson.  The expense risk assumed by Jackson is that the costs of administering the contracts of the Separate Account will exceed the amount received from the Administration Charge and the Contract Maintenance Charge.

 
Page 57

 

JNLNY Separate Account I
Notes to the Financial Statements (continued)

 
Note 3 – Policy Charges (continued)

Optional Benefit Charges

Contract Enhancement Charge.  If one of the contract enhancement benefits has been selected, then for a period of three to seven contract years, Jackson will make an additional deduction based upon the average daily net asset value of the contract owner’s allocations to the Portfolios.  The amounts of these charges depend upon the contract enhancements selected and range from 0.395% - 0.65%.

Withdrawal Charge Period.  If the optional three, four, or five-year withdrawal charge period feature is selected, Jackson will deduct 0.45%, 0.40%, or 0.30%, respectively, on an annual basis of the average daily net asset value of the contract owner’s allocations to the Portfolios.

20% Additional Free Withdrawal Charge.  If a contract owner selects the optional feature that permits you to withdraw up to 20% of premiums that are still subject to a withdrawal charge minus earnings during a Contract year without withdrawal charge, Jackson will deduct 0.30% on an annual basis of the average daily net assets value of the contract owner’s allocations to the Portfolios.

Optional Death Benefit Charges.  If any of the optional death benefits are selected that are available under the Contract, Jackson will make an additional deduction of 0.15% - 0.55% on an annual basis of the average daily net asset value of the contract owner’s allocations to the Portfolios, based on the optional death benefit selected.

Premium Taxes

Some states and other governmental entities charge premium taxes or other similar taxes.  Jackson pays these taxes and may make a deduction from the value of the contract for them.  Premium taxes will not exceed 2.0%.  Currently, New York does not impose premium taxes.

Note 4 – Related Party Transactions

For contract enhancement benefits related to the optional benefits offered, Jackson contributed $2,867,632 and $3,219,770 to the Separate Account in the form of additional premium to contract owner’s accounts for the years ended December 31, 2012 and 2011, respectively.  These amounts are included in purchase payments received from contract owners.
 
 
Page 58

 
 
JNLNY Separate Account I
Notes to the Financial Statements (continued)
 
Note 5 – Purchases and Sales of Investments

For the year ended December 31, 2012, cost of purchases and proceeds from sales of the Portfolios’ investments in the corresponding Funds are as follows:

Curian Variable Series Trust
 
 
Cost of
Purchases
 
Proceeds
from Sales
   
Cost of
Purchases
  Proceeds
from Sales
 
Curian Dynamic Risk Advantage – Aggressive Fund
$977,608
 
$20,704
 
Curian Tactical Advantage 60 Fund
$1,437,326
 
$19,987
 
Curian Dynamic Risk Advantage – Diversified Fund
2,552,542
 
29,892
 
Curian Tactical Advantage 75 Fund
1,370,750
 
570,595
 
Curian Dynamic Risk Advantage – Income Fund
2,491,555
 
15,609
 
Curian/American Funds Growth Fund
436,523
 
7,443
 
Curian Guidance – Balanced Income Fund
2,420,663
 
9,908
 
Curian/DFA U.S. Micro Cap Fund
13,050
 
14
 
Curian Guidance – Equity 100 Fund
312,217
 
24,919
 
Curian/Epoch Global Shareholder Yield Fund
141,060
 
193
 
Curian Guidance – Fixed Income 100 Fund
278,322
 
787
 
Curian/FAMCO Flex Core Covered Call Fund
1,148,077
 
37,045
 
Curian Guidance – Institutional Alt 65 Fund
2,549,106
 
23,054
 
Curian/Franklin Templeton Frontier Markets Fund
500
 
-
 
Curian Guidance – Institutional Alt 100 Fund
6,272,251
 
116,347
 
Curian/Franklin Templeton Natural Resources Fund
544,678
 
72,997
 
Curian Guidance – Maximize Income Fund
790,707
 
13,997
 
Curian/Neuberger Berman Currency Fund
192,673
 
8,828
 
Curian Guidance – Maximum Growth Fund
 880,878
 
 23,624
 
Curian/Nicholas Convertible Arbitrage Fund
1,229,620
 
138,738
 
Curian Guidance – Moderate Growth Fund
4,445,756
 
239,622
 
Curian/PIMCO Credit Income Fund
693,018
 
61,936
 
Curian Guidance – Rising Income Fund
1,428,978
 
4,743
 
Curian/PineBridge Merger Arbitrage Fund
2,434,223
 
180,152
 
Curian Guidance – Tactical Maximum Growth Fund
1,431,095
 
27,973
 
Curian/TBC Equity Income Fund*
250,906
 
697
 
Curian Guidance – Tactical Moderate Growth Fund
4,516,468
 
21,294
 
Curian/TBC Multi-Alpha Market Neutral Equity Fund*
968,869
 
140,914
 
Curian Tactical Advantage 35 Fund
1,454,291
 
70,512
 
Curian/Van Eck International Gold Fund
226,669
 
29,380
 

* TBC denotes the sub-adviser The Boston Company throughout footnote 5.

JNL Series Trust
 
 
Cost of Purchases
 
Proceeds
from Sales
   
Cost of Purchases
  Proceeds
from Sales
 
JNL Disciplined Growth Fund
$5,364,265
 
$2,590,375
 
JNL/American Funds New World Fund
$9,373,843
 
$3,651,129
 
JNL Disciplined Moderate Fund
17,656,157
 
6,402,962
 
JNL/AQR Managed Futures Strategy Fund
1,792,767
 
215,858
 
JNL Disciplined Moderate Growth Fund
19,184,995
 
6,038,634
 
JNL/BlackRock Commodity Securities Fund
16,441,560
 
13,242,887
 
JNL Institutional Alt 20 Fund
22,533,461
 
6,234,978
 
JNL/BlackRock Global Allocation Fund
55,383,166
 
11,107,612
 
JNL Institutional Alt 35 Fund
28,660,366
 
6,113,766
 
JNL/Brookfield Global Infrastructure Fund
5,358,979
 
1,267,772
 
JNL Institutional Alt 50 Fund
41,204,693
 
8,868,305
 
JNL/Capital Guardian Global Balanced Fund
3,752,903
 
3,967,310
 
JNL Institutional Alt 65 Fund
6,275,887
 
9,032,610
 
JNL/Capital Guardian Global Diversified Research Fund
2,191,747
 
2,649,224
 
JNL/American Funds Balanced Allocation Fund
5,959,556
 
432,230
 
JNL/DFA U.S. Core Equity Fund
2,873,003
 
2,365,011
 
JNL/American Funds Blue Chip Income and Growth Fund
19,084,295
 
5,940,007
 
JNL/Eagle SmallCap Equity Fund
16,656,285
 
14,191,112
 
JNL/American Funds Global Bond Fund
9,105,638
 
5,263,923
 
JNL/Eastspring Investments Asia ex-Japan Fund
6,060,808
 
3,603,445
 
JNL/American Funds Global Small Capitalization Fund
4,879,294
 
1,753,306
 
JNL/Eastspring Investments China-India Fund
9,341,791
 
7,214,254
 
JNL/American Funds Growth Allocation Fund
4,298,307
 
198,788
 
JNL/Franklin Templeton Founding Strategy Fund
13,597,870
 
11,668,726
 
JNL/American Funds Growth-Income Fund
20,258,798
 
7,537,688
 
JNL/Franklin Templeton Global Growth Fund
4,722,669
 
3,523,347
 
JNL/American Funds International Fund
9,298,906
 
4,467,559
 
JNL/Franklin Templeton Global Multisector Bond Fund
12,436,088
 
2,051,737
 
 
 
Page 59

 
 
JNLNY Separate Account I
Notes to the Financial Statements (continued)
 
Note 5 – Purchases and Sales of Investments (continued)
 
JNL Series Trust (continued)
 
 
Cost of Purchases
 
Proceeds
from Sales
   
Cost of Purchases
 
    Proceeds
from Sales
 
JNL/Franklin Templeton Income Fund
$30,223,873
 
$16,907,679
 
JNL/MCM Small Cap Index Fund
$10,061,769
 
$7,737,272
 
JNL/Franklin Templeton International Small Cap Growth Fund
4,042,394
 
1,831,017
 
JNL/Morgan Stanley Mid Cap Growth Fund
732,433
 
51,128
 
JNL/Franklin Templeton Mutual Shares Fund
7,926,927
 
4,679,846
 
JNL/Neuberger Berman Strategic Income Fund
3,684,829
 
95,724
 
JNL/Franklin Templeton Small Cap Value Fund
7,004,479
 
3,726,746
 
JNL/Oppenheimer Global Growth Fund
7,249,888
 
5,729,376
 
JNL/Goldman Sachs Core Plus Bond Fund
23,843,881
 
12,608,307
 
JNL/PIMCO Real Return Fund
61,214,900
 
25,105,083
 
JNL/Goldman Sachs Emerging Markets Debt Fund
2,068,524
 
4,368,384
 
JNL/PIMCO Total Return Bond Fund
124,278,350
 
63,267,165
 
JNL/Goldman Sachs Mid Cap Value Fund
8,311,500
 
7,925,542
 
JNL/PPM America Floating Rate Income Fund
10,366,016
 
2,368,918
 
JNL/Goldman Sachs U.S. Equity Flex Fund
2,027,340
 
1,546,260
 
JNL/PPM America High Yield Bond Fund
36,977,162
 
20,975,008
 
JNL/Invesco Global Real Estate Fund
22,539,597
 
12,075,341
 
JNL/PPM America Mid Cap Value Fund
7,636,744
 
6,171,750
 
JNL/Invesco International Growth Fund
6,354,083
 
4,337,589
 
JNL/PPM America Small Cap Value Fund
2,120,927
 
1,143,475
 
JNL/Invesco Large Cap Growth Fund
7,701,744
 
4,367,358
 
JNL/PPM America Value Equity Fund
1,431,374
 
1,198,944
 
JNL/Invesco Small Cap Growth Fund
10,925,541
 
8,334,149
 
JNL/Red Rocks Listed Private Equity Fund
2,298,661
 
1,880,455
 
JNL/Ivy Asset Strategy Fund
29,244,798
 
11,315,401
 
JNL/S&P 4 Fund
21,269,557
 
12,606,903
 
JNL/JPMorgan International Value Fund
6,338,637
 
3,994,607
 
JNL/S&P Competitive Advantage Fund
15,837,219
 
6,578,755
 
JNL/JPMorgan MidCap Growth Fund
7,850,694
 
13,156,673
 
JNL/S&P Dividend Income & Growth Fund
47,873,882
 
22,677,558
 
JNL/JPMorgan U.S. Government & Quality Bond Fund
22,512,239
 
16,521,452
 
JNL/S&P Intrinsic Value Fund
9,520,873
 
13,079,572
 
JNL/Lazard Emerging Markets Fund
4,558,827
 
7,289,483
 
JNL/S&P Managed Aggressive Growth Fund
30,682,556
 
31,096,117
 
JNL/Lazard Mid Cap Equity Fund
4,389,240
 
3,582,720
 
JNL/S&P Managed Conservative Fund
53,392,204
 
18,038,067
 
JNL/M&G Global Basics Fund
1,748,275
 
720,234
 
JNL/S&P Managed Growth Fund
54,299,894
 
37,984,912
 
JNL/M&G Global Leaders Fund
1,564,375
 
1,237,735
 
JNL/S&P Managed Moderate Fund
81,552,281
 
38,983,466
 
JNL/MCM 10 x 10 Fund
4,101,423
 
3,946,612
 
JNL/S&P Managed Moderate Growth Fund
96,421,475
 
50,591,802
 
JNL/MCM Bond Index Fund
12,499,361
 
7,906,795
 
JNL/S&P Total Yield Fund
$2,585,475
 
$769,214
 
JNL/MCM Dow Jones U.S. Contrarian Opportunities Index Fund
532,106
 
117,913
 
JNL/T. Rowe Price Established Growth Fund
40,535,399
 
18,679,489
 
JNL/MCM Emerging Markets Index Fund
17,113,664
 
9,222,598
 
JNL/T. Rowe Price Mid-Cap Growth Fund
37,651,537
 
23,116,266
 
JNL/MCM European 30 Fund
864,315
 
544,047
 
JNL/T. Rowe Price Short-Term Bond Fund
28,750,072
 
17,758,525
 
JNL/MCM Global Alpha Fund
1,049,821
 
612,430
 
JNL/T. Rowe Price Value Fund
16,835,989
 
11,019,897
 
JNL/MCM Index 5 Fund
9,568,187
 
6,051,811
 
JNL/UBS Large Cap Select Growth Fund
5,967,819
 
3,997,691
 
JNL/MCM International Index Fund
9,264,021
 
9,035,223
 
JNL/WMC Balanced Fund
28,847,867
 
13,775,681
 
JNL/MCM Pacific Rim 30 Fund
1,265,833
 
668,081
 
JNL/WMC Money Market Fund
75,775,738
 
71,681,828
 
JNL/MCM S&P 400 MidCap Index Fund
12,562,030
 
11,850,311
 
JNL/WMC Value Fund
7,762,547
 
5,297,576
 
JNL/MCM S&P 500 Index Fund
54,395,800
 
37,782,827
           

 
Page 60

 

JNLNY Separate Account I
Notes to the Financial Statements (continued)
 
Note 5 – Purchases and Sales of Investments (continued)

JNL Variable Fund LLC
 
 
    Cost of Purchases
 
Proceeds
from Sales
   
    Cost of Purchases
  Proceeds
from Sales
 
JNL/MCM 25 Fund
$15,450,318
 
$8,630,798
 
JNL/MCM NYSE® International 25 Fund
$1,766,124
 
$1,645,935
 
JNL/MCM Communications Sector Fund
7,528,848
 
4,083,312
 
JNL/MCM Oil & Gas Sector Fund
17,890,420
 
13,035,925
 
JNL/MCM Consumer Brands Sector Fund
9,179,679
 
2,874,610
 
JNL/MCM S&P® 24 Fund
791,864
 
816,002
 
JNL/MCM Dow SM Dividend Fund
13,677,325
 
7,948,341
 
JNL/MCM S&P® SMid 60 Fund
2,740,677
 
7,761,776
 
JNL/MCM Financial Sector Fund
12,006,821
 
5,313,531
 
JNL/MCM Select Small-Cap Fund
2,743,935
 
2,716,793
 
JNL/MCM Healthcare Sector Fund
11,704,835
 
5,906,128
 
JNL/MCM Technology Sector Fund
31,953,659
 
19,409,230
 
JNL/MCM JNL 5 Fund
31,635,869
 
58,842,753
 
JNL/MCM Value Line® 30 Fund
4,298,659
 
12,351,814
 
JNL/MCM JNL Optimized 5 Fund
4,756,994
 
6,941,228
 
JNL/MCM VIP Fund
2,753,690
 
2,554,246
 
JNL/MCM Nasdaq® 25 Fund
10,131,030
 
3,762,833
           

Note 6 – Subsequent Events

Management evaluated subsequent events for the Separate Account through the date the financial statements were available to be issued, and concluded there were no events that would require additional financial statement disclosure and/or adjustments to the financial statements.
 
 
Page 61

 
 
JNLNY Separate Account I
                               
Notes to Financial Statements (continued)
                           
                                         
Note 7 - Financial Highlights
                                   
The following is a summary for each period in the five-year period ended December 31, 2012, of unit values, total returns and expense ratios for variable annuity contracts with the highest and lowest expense ratios in addition to certain other Portfolio data.  Unit values for Portfolios that do not have any assets at period end are calculated based on the net asset value of the underlying Fund less expenses charged directly to that Portfolio of the Separate Account.
 
   
Curian Dynamic
 
Curian Dynamic
 
Curian Dynamic
 
Curian Guidance -
 
Curian Guidance -
 
Curian Guidance -
 
Curian Guidance -
 
Curian Guidance -
 
Curian Guidance -
 
Curian Guidance -
   
Risk Advantage -
Risk Advantage -
 
Risk Advantage -
 
Balanced
 
Equity
 
Fixed
 
Institutional
 
Institutional
 
Maximize
 
Maximum
   
Aggressive
 
Diversified
 
Income
 
Income
   100    100  
Alt 100
 
Alt 65
 
Income
 
Growth
   
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(b)
 
Portfolio(b)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
Highest expense ratio
                                                               
Period ended December 31, 2012
                                                               
                                                                 
   Unit Value
  $ 9.433310     $ 9.989137     $ 10.254443     $ 10.412254     $ 10.280677     $ 10.041492     $ 10.115590     $ 10.323284     $ 10.501299     $ 10.263934  
   Total Return *
    -4.51 %***     0.39 %***     2.45 %***     3.86 %***     3.38 %***     -0.11 %***     3.27 %***     4.12 %***     4.19 %***     2.16 %***
   Ratio of Expenses **
    1.25 %     1.25 %     1.25 %     1.25 %     1.25 %     1.25 %     1.25 %     1.25 %     1.25 %     1.25 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2008
                                                                         
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
 
*     
Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio.  The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented.  Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**   
Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated.  The ratios include only those expenses that result in a direct reduction to unit values. Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
   
(a)
Commencement of operations February 6, 2012.
(b)
Commencement of operations September 10, 2012.
 
 
Page 62

 
 
JNLNY Separate Account I
                               
Notes to Financial Statements (continued)
                           
                                         
Note 7 - Financial Highlights (continued)
                                   
 
   
Curian Dynamic
 
Curian Dynamic
 
Curian Dynamic
 
Curian Guidance -
 
Curian Guidance -
 
Curian Guidance -
 
Curian Guidance -
 
Curian Guidance -
 
Curian Guidance -
 
Curian Guidance -
   
Risk Advantage -
 
Risk Advantage -
 
Risk Advantage -
 
Balanced
 
Equity
 
Fixed
 
Institutional
 
Institutional
 
Maximize
 
Maximum
   
Aggressive
 
Diversified
 
Income
 
Income
   100    100  
Alt 100
 
Alt 65
 
Income
 
Growth
   
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(b)
 
Portfolio(b)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
Lowest expense ratio
                                                               
Period ended December 31, 2012
                                                           
                                                                 
   Unit Value
  $ 9.454752     $ 10.011633     $ 10.277535     $ 10.435657     $ 10.288426     $ 10.049233     $ 10.138417     $ 10.346523     $ 10.524862     $ 10.287058  
   Total Return *
    -5.60 %***     -0.15 %***     5.00 %***     0.76 %***     6.81 %***     0.31 %***     2.29 %***     5.79 %***     1.45 %***     0.28 %***
   Ratio of Expenses **
    1.00 %     1.00 %     1.00 %     1.00 %     1.00 %     1.00 %     1.00 %     1.00 %     1.00 %     1.00 %
                                                                                 
Period ended December 31, 2011
                                                                         
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2010
                                                                         
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2009
                                                                         
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2008
                                                                         
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
 
*     
Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio. The total return does not include any expenses assessed through the redemption of units,
inclusion of these expenses in the calculation would result in a reduction in the total return presented. Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**   
Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated. The ratios include only those expenses that result in a direct reduction to unit values. Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
   
(a)
Commencement of operations February 6, 2012.
(b)
Commencement of operations September 10, 2012.
 
 
Page 63

 
 
JNLNY Separate Account I
                               
Notes to Financial Statements (continued)
                           
                                         
Note 7 - Financial Highlights (continued)
                                   
 
   
Curian Dynamic
 
Curian Dynamic
 
Curian Dynamic
 
Curian Guidance -
 
Curian Guidance -
 
Curian Guidance -
 
Curian Guidance -
 
Curian Guidance -
 
Curian Guidance -
 
Curian Guidance -
   
Risk Advantage -
 
Risk Advantage -
 
Risk Advantage -
 
Balanced
 
Equity
 
Fixed
 
Institutional
 
Institutional
 
Maximize
 
Maximum
   
Aggressive
 
Diversified
 
Income
 
Income
   100    100  
Alt 100
 
Alt 65
 
Income
 
Growth
   
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(b)
 
Portfolio(b)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
Portfolio data
                                                               
Period ended December 31, 2012
                                                           
                                                                 
   Net Assets (in thousands)
  $ 941     $ 2,515     $ 2,504     $ 2,455     $ 292     $ 278     $ 6,324     $ 2,615     $ 797     $ 890  
   Units Outstanding (in thousands)
    100       251       244       235       28       28       624       253       76       87  
   Investment Income Ratio *
    0.00 %     0.00 %     2.72 %     0.00 %     0.00 %     0.00 %     0.00 %     0.00 %     0.00 %     0.00 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
   Net Assets (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Units Outstanding (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Investment Income Ratio *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
   Net Assets (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Units Outstanding (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Investment Income Ratio *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
   Net Assets (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Units Outstanding (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Investment Income Ratio *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2008
                                                                         
                                                                                 
   Net Assets (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Units Outstanding (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Investment Income Ratio *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
 
*     
These amounts represent the dividends, excluding distributions of capital gains, received by the Portfolio from the underlying Fund divided by the average net assets.  In some instances, the investment income ratio may be rounded to 0.00% even though the Portfolio received dividend income from the underlying Fund.
   
(a)
Commencement of operations February 6, 2012.
(b)
Commencement of operations September 10, 2012.
 
 
Page 64

 
 
JNLNY Separate Account I
                               
Notes to Financial Statements (continued)
                           
                                         
Note 7 - Financial Highlights (continued)
                                   
 
   
Curian Guidance -
 
Curian Guidance -
 
Curian Guidance -
 
Curian Guidance -
 
Curian
 
Curian
 
Curian
 
Curian/
 
Curian/
 
Curian/Epoch
   
Moderate
 
Rising
 
Tactical
 
Tactical
 
Tactical
 
Tactical
 
Tactical
 
American Funds
 
DFA U.S.
 
Global Shareholder
   
Growth
 
Income
 
Maximum Growth
 
Moderate Growth
 
Advantage 35
 
Advantage 60
 
Advantage 75
 
Growth
 
Micro Cap
 
Yield
   
Portfolio(a)
   
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(b)
 
Portfolio(a)
Highest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                             
   Unit Value
  $ 10.412243     $ 10.372682     $ 10.145070     $ 10.224384     $ 10.323518     $ 10.413985     $ 10.508894     $ 10.560607     $ 10.071412     $ 10.609000  
   Total Return *
    3.08 %***     6.99 %***     0.44 %***     2.23 %***     5.41 %***     2.70 %***     5.47 %***     2.78 %***     3.58 %***     1.28 %***
   Ratio of Expenses **
    1.25 %     1.25 %     1.25 %     1.25 %     1.25 %     1.25 %     1.25 %     1.25 %     1.25 %     1.10 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2008
                                                                         
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
 
*     
Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio.  The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented.  Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**   
Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated.  The ratios include only those expenses that result in a direct reduction to unit values. Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
   
(a)
Commencement of operations February 6, 2012.
(b)
Commencement of operations September 10, 2012.
 
 
Page 65

 

JNLNY Separate Account I
                               
Notes to Financial Statements (continued)
                           
                                         
Note 7 - Financial Highlights (continued)
                                   
 
   
Curian Guidance -
 
Curian Guidance -
 
Curian Guidance -
 
Curian Guidance -
 
Curian
 
Curian
 
Curian
 
Curian/
 
Curian/
 
Curian/Epoch
   
Moderate
 
Rising
 
Tactical
 
Tactical
 
Tactical
 
Tactical
 
Tactical
 
American Funds
 
DFA U.S.
 
Global Shareholder
   
Growth
 
Income
 
Maximum Growth
 
Moderate Growth
 
Advantage 35
 
Advantage 60
 
Advantage 75
 
Growth
 
Micro Cap
 
Yield
   
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(b)
 
Portfolio(a)
Lowest expense ratio
                                                           
Period ended December 31, 2012
                                                       
                                                             
   Unit Value
  $ 10.435693     $ 10.396091     $ 10.168140     $ 10.247414     $ 10.346749     $ 10.437409     $ 10.532592     $ 10.584333     $ 10.079057     $ 10.618625  
   Total Return *
    3.72 %***     3.77 %***     5.54 %***     2.21 %***     3.79 %***     5.42 %***     0.75 %***     7.76 %***     6.20 %***     1.47 %***
   Ratio of Expenses **
    1.00 %     1.00 %     1.00 %     1.00 %     1.00 %     1.00 %     1.00 %     1.00 %     1.00 %     1.00 %
                                                                                 
Period ended December 31, 2011
                                                                         
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2010
                                                                         
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2009
                                                                         
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2008
                                                                         
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
 
*     
Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio.  The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented.  Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**   
Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated.  The ratios include only those expenses that result in a direct reduction to unit values. Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
   
(a)
Commencement of operations February 6, 2012.
(b)
Commencement of operations September 10, 2012.
 
 
Page 66

 
 
JNLNY Separate Account I
                               
Notes to Financial Statements (continued)
                           
                                         
Note 7 - Financial Highlights (continued)
                                   
 
   
Curian Guidance -
 
Curian Guidance -
 
Curian Guidance -
 
Curian Guidance -
 
Curian
 
Curian
 
Curian
 
Curian/
 
Curian/
 
Curian/Epoch
   
Moderate
 
Rising
 
Tactical
 
Tactical
 
Tactical
 
Tactical
 
Tactical
 
American Funds
 
DFA U.S.
 
Global Shareholder
   
Growth
 
Income
 
Maximum Growth
 
Moderate Growth
 
Advantage 35
 
Advantage 60
 
Advantage 75
 
Growth
 
Micro Cap
 
Yield
   
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(a)
 
Portfolio(b)
 
Portfolio(a)
                                                             
Portfolio data
                                                           
Period ended December 31, 2012
                                                       
                                                             
   Net Assets (in thousands)
  $ 4,377     $ 1,463     $ 1,446     $ 4,623     $ 1,394     $ 1,451     $ 801     $ 445     $ 14     $ 141  
   Units Outstanding (in thousands)
    420       141       142       452       135       139       76       42       1       13  
   Investment Income Ratio *
    0.00 %     0.00 %     0.00 %     0.00 %     2.89 %     2.05 %     1.53 %     0.00 %     0.00 %     4.29 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
   Net Assets (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Units Outstanding (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Investment Income Ratio *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
   Net Assets (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Units Outstanding (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Investment Income Ratio *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
   Net Assets (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Units Outstanding (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Investment Income Ratio *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2008
                                                                         
                                                                                 
   Net Assets (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Units Outstanding (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Investment Income Ratio *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
 
*     
These amounts represent the dividends, excluding distributions of capital gains, received by the Portfolio from the underlying Fund divided by the average net assets.  In some instances, the investment income ratio may be rounded to 0.00% even though the Portfolio received dividend income from the underlying Fund.
   
(a)
Commencement of operations February 6, 2012.
(b)
Commencement of operations September 10, 2012.
 
 
Page 67

 

JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
                                                             
   
Curian/FAMCO
Flex Core
Covered Call
Portfolio(a)
 
Curian/Franklin
Templeton Frontier
Markets
Portfolio(b)
 
Curian/Franklin
Templeton Natural
Resources
Portfolio(a)
 
Curian/
Neuberger Berman
Currency
Portfolio(b)
 
Curian/Nicholas
Convertible
Arbitrage
Portfolio(a)
 
Curian/
PIMCO
Credit Income
Portfolio(a)
 
Curian/
Pinebridge Merger
Arbitrage
Portfolio(a)
 
Curian/The
Boston Company
Equity Income
Portfolio(a)
 
Curian/The Boston
Company Multi-
Alpha Market Neutral
Equity Portfolio(a)
 
Curian/
Van Eck
International Gold
Portfolio(b)
Highest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                             
   Unit Value
  $ 10.169153     $ 10.408022     $ 8.760110     $ 10.061422     $ 10.145372     $ 10.549023     $ 9.966882     $ 10.727021     $ 10.056181     $ 8.985544  
   Total Return *
    0.34 %***     1.64 %***     -3.74 %***     0.77 %***     1.88 %***     4.88 %***     -0.02 %***     11.78 %***     -1.87 %***     -15.10 %***
   Ratio of Expenses **
    1.25 %     1.00 %     1.25 %     1.25 %     1.25 %     1.25 %     1.25 %     1.25 %     1.25 %     1.25 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
 
*    Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio.  The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented.  Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less  expenses that are charged directly to that Portfolio of the Separate Account.
**   Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated.  The ratios include only those expenses that result in a direct reduction to unit values.  Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
*** Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
 
(a) Commencement of operations February 6, 2012.
(b) Commencement of operations September 10, 2012.

 
Page 68

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
                                                             
   
Curian/FAMCO
Flex Core
Covered Call
Portfolio(a)
 
Curian/Franklin
Templeton Frontier
Markets
Portfolio(b)
 
Curian/Franklin
Templeton Natural
Resources
Portfolio(a)
 
Curian/
Neuberger Berman
Currency
Portfolio(b)
 
Curian/Nicholas
Convertible
Arbitrage
Portfolio(a)
 
Curian/
PIMCO
Credit Income
Portfolio(a)
 
Curian/
Pinebridge Merger
Arbitrage
Portfolio(a)
 
Curian/The
Boston Company
Equity Income
Portfolio(a)
 
Curian/The Boston
Company Multi-
Alpha Market Neutral
Equity Portfolio(a)
 
Curian/
Van Eck
International Gold
Portfolio(b)
Lowest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                             
   Unit Value
  $ 10.191700     $ 10.408022     $ 8.791537     $ 10.069089     $ 10.182201     $ 10.572784     $ 10.003438     $ 10.751499     $ 10.092394     $ 8.992422  
   Total Return *
    -1.03 %***     0.86 %***     14.55 %***     -0.70 %***     3.40 %***     3.46 %***     0.26 %***     15.43 %***     -0.44 %***     -12.71 %***
   Ratio of Expenses **
    1.00 %     1.00 %     0.85 %     1.00 %     0.85 %     1.00 %     0.85 %     1.00 %     0.85 %     1.00 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
 
*    Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio.  The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented.  Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**   Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated.  The ratios include only those expenses that result in a direct reduction to unit values.  Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
*** Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
 
(a) Commencement of operations February 6, 2012.
(b) Commencement of operations September 10, 2012.

 
Page 69

 

JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
                                                             
   
Curian/FAMCO
Flex Core
Covered Call
Portfolio(a)
 
Curian/Franklin
Templeton Frontier
Markets
Portfolio(b)
 
Curian/Franklin
Templeton Natural
Resources
Portfolio(a)
 
Curian/
Neuberger Berman
Currency
Portfolio(b)
 
Curian/Nicholas
Convertible
Arbitrage
Portfolio(a)
 
Curian/
PIMCO
Credit Income
Portfolio(a)
 
Curian/
Pinebridge Merger
Arbitrage
Portfolio(a)
 
Curian/The
Boston Company
Equity Income
Portfolio(a)
 
Curian/The Boston
Company Multi-
Alpha Market Neutral
Equity Portfolio(a)
 
Curian/
Van Eck
International Gold
Portfolio(b)
Portfolio data
                                                           
Period ended December 31, 2012
                                                           
                                                             
   Net Assets (in thousands)
  $ 1,104     $ 1     $ 474     $ 184     $ 1,101     $ 640     $ 2,266     $ 258     $ 822     $ 182  
   Units Outstanding (in thousands)
    108       0       54       18       108       61       227       24       82       20  
   Investment Income Ratio *
    2.91 %     0.00 %     1.42 %     0.00 %     0.00 %     1.92 %     0.00 %     2.90 %     0.00 %     0.00 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
   Net Assets (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Units Outstanding (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Investment Income Ratio *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
   Net Assets (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Units Outstanding (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Investment Income Ratio *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
   Net Assets (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Units Outstanding (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Investment Income Ratio *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
   Net Assets (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Units Outstanding (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Investment Income Ratio *
    n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
 
*    These amounts represent the dividends, excluding distributions of capital gains, received by the Portfolio from the underlying Fund divided by the average net assets.  In some instances, the investment income ratio may be rounded to  0.00% even though the Portfolio received dividend income from the underlying Fund.
 
(a) Commencement of operations February 6, 2012.
(b) Commencement of operations September 10, 2012.

 
Page 70

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
                                                             
   
JNL Disciplined
Growth
Portfolio
 
JNL Disciplined
Moderate
Portfolio
 
JNL Disciplined
Moderate
Growth Portfolio
 
JNL Institutional
Alt 20
Portfolio(a)
 
JNL Institutional
Alt 35
Portfolio(a)
 
JNL Institutional
Alt 50
Portfolio(a)
 
JNL Institutional
Alt 65
Portfolio(a)
 
JNL/American
Funds Balanced
Allocation
Portfolio(c)
 
JNL/American
Funds Blue Chip
Income and
Growth Portfolio(b)
 
JNL/American
Funds Global
Bond Portfolio(b)
Highest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                             
   Unit Value
  $ 8.720397     $ 10.140190     $ 9.467785     $ 14.163042     $ 14.789750     $ 14.979408     $ 15.432167     $ 10.260003     $ 10.900227     $ 10.698246  
   Total Return *
    11.68 %     10.42 %     11.43 %     6.71 %***     8.62 %     8.07 %     8.14 %     8.40 %***     10.67 %     2.82 %
   Ratio of Expenses **
    2.56 %     2.57 %     2.46 %     2.56 %     2.46 %     2.56 %     2.56 %     2.31 %     2.46 %     2.81 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
   Unit Value
  $ 7.808324     $ 9.183228     $ 8.496595     $ 13.107121     $ 13.616571     $ 13.861468     $ 14.270232       n/a     $ 9.849416     $ 10.404360  
   Total Return *
    5.91 %***     -1.83 %     -3.27 %     -4.94 %     -8.03 %***     -7.05 %     -7.82 %     n/a       -3.64 %     1.44 %
   Ratio of Expenses **
    2.56 %     2.57 %     2.46 %     2.47 %     2.46 %     2.56 %     2.56 %     n/a       2.46 %     2.81 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
   Unit Value
  $ 8.303223     $ 9.354633     $ 8.783516     $ 13.787812     $ 14.530009     $ 14.913342     $ 15.480283       n/a     $ 10.221876     $ 10.257107  
   Total Return *
    10.00 %     8.28 %     10.54 %     6.99 %***     13.85 %***     14.50 %***     15.60 %***     n/a       2.98 %***     -2.81 %***
   Ratio of Expenses **
    2.46 %     2.57 %     2.46 %     2.47 %     2.37 %     2.56 %     2.56 %     n/a       2.46 %     2.81 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
   Unit Value
  $ 7.548666     $ 8.639117     $ 7.946322     $ 12.511871     $ 13.013149     $ 13.337478     $ 13.718944       n/a       n/a       n/a  
   Total Return *
    22.34 %     15.66 %     19.79 %     -0.03 %***     0.04 %***     0.11 %***     22.37 %***     n/a       n/a       n/a  
   Ratio of Expenses **
    2.46 %     2.57 %     2.46 %     2.345 %     2.345 %     2.345 %     2.46 %     n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
   Unit Value
  $ 6.170041     $ 7.469150     $ 6.633553       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    -40.69 %     -28.46 %     -36.35 %     n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    2.46 %     2.57 %     2.46 %     n/a       n/a       n/a       n/a       n/a       n/a       n/a  
 
*    Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio.  The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented.  Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**   Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated.  The ratios include only those expenses that result in a direct reduction to unit values.   Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
*** Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
 
(a) Commencement of operations April 6, 2009.
(b) Commencement of operations May 3, 2010.
(c) Commencement of operations April 30, 2012.

 
Page 71

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
   
JNL Disciplined
Growth
Portfolio
 
JNL Disciplined
Moderate
Portfolio
 
JNL Disciplined
Moderate
Growth Portfolio
 
JNL Institutional
Alt 20
Portfolio(a)
 
JNL Institutional
Alt 35
Portfolio(a)
 
JNL Institutional
Alt 50
Portfolio(a)
 
JNL Institutional
Alt 65
Portfolio(a)
 
JNL/American
Funds Balanced
Allocation
Portfolio(c)
 
JNL/American
Funds Blue Chip
Income and
Growth Portfolio(b)
 
JNL/American
Funds Global
Bond Portfolio(b)
Lowest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                             
   Unit Value
  $ 9.598504     $ 11.166780     $ 10.358582     $ 14.902370     $ 15.416154     $ 15.764688     $ 16.206761     $ 10.326225     $ 11.271931     $ 11.166907  
   Total Return *
    13.50 %     12.23 %     13.13 %     9.82 %     9.83 %     9.55 %     9.56 %     5.95 %***     12.07 %     4.50 %
   Ratio of Expenses **
    0.95 %     0.95 %     0.95 %     1.20 %     1.35 %     1.20 %     1.25 %     1.35 %     1.20 %     1.20 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
   Unit Value
  $ 8.456944     $ 9.949985     $ 9.156359     $ 13.570222     $ 14.036179     $ 14.390549     $ 14.792110       n/a     $ 10.057527     $ 10.686235  
   Total Return *
    -4.05 %     -0.23 %***     -1.80 %***     -3.73 %     -5.10 %     -5.76 %     -6.60 %     n/a       -2.43 %     3.08 %
   Ratio of Expenses **
    0.95 %     0.95 %     0.95 %     1.20 %     1.35 %     1.20 %     1.25 %     n/a       1.20 %     1.20 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
   Unit Value
  $ 8.814252     $ 9.802583     $ 9.177843     $ 14.095348     $ 14.790255     $ 15.270726     $ 15.838026       n/a     $ 10.307663     $ 10.367188  
   Total Return *
    11.67 %     9.61 %     11.77 %     11.71 %     12.83 %     13.53 %     14.41 %     n/a       5.03 %***     0.99 %***
   Ratio of Expenses **
    0.95 %     1.35 %     1.35 %     1.20 %     1.35 %     1.20 %     1.25 %     n/a       1.20 %     1.20 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
   Unit Value
  $ 7.893102     $ 8.943025     $ 8.211421     $ 12.617915     $ 13.108918     $ 13.450517     $ 13.842677       n/a       n/a       n/a  
   Total Return *
    33.84 %***     17.08 %     21.13 %     4.23 %***     20.14 %***     1.37 %***     2.20 %***     n/a       n/a       n/a  
   Ratio of Expenses **
    0.95 %     1.35 %     1.35 %     1.20 %     1.35 %     1.20 %     1.25 %     n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
   Unit Value
  $ 6.305552     $ 7.638164     $ 6.779177       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Total Return *
    -40.02 %     -27.58 %     -35.64 %     n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Ratio of Expenses **
    1.35 %     1.35 %     1.35 %     n/a       n/a       n/a       n/a       n/a       n/a       n/a  
 
*    Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio.  The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented.  Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**   Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated.  The ratios include only those expenses that result in a direct reduction to unit values.   Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
*** Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
 
(a) Commencement of operations April 6, 2009.
(b) Commencement of operations May 3, 2010.
(c) Commencement of operations April 30, 2012.
 
 
Page 72

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
   
JNL Disciplined
Growth
Portfolio
 
JNL Disciplined
Moderate
Portfolio
 
JNL Disciplined
Moderate
Growth Portfolio
 
JNL Institutional
Alt 20
Portfolio(a)
 
JNL Institutional
Alt 35
Portfolio(a)
 
JNL Institutional
Alt 50
Portfolio(a)
 
JNL Institutional
Alt 65
Portfolio(a)
 
JNL/American
Funds Balanced
Allocation
Portfolio(c)
 
JNL/American
Funds Blue Chip
Income and
Growth Portfolio(b)
 
JNL/American
Funds Global
Bond Portfolio(b)
                                                             
Portfolio data
                                                           
Period ended December 31, 2012
                                                           
                                                             
   Net Assets (in thousands)
  $ 17,076     $ 49,738     $ 51,479     $ 57,285     $ 65,669     $ 94,136     $ 42,386     $ 5,737     $ 40,132     $ 20,921  
   Units Outstanding (in thousands)
    1,847       4,626       5,144       3,894       4,299       6,055       2,641       557       3,594       1,893  
   Investment Income Ratio *
    1.18 %     1.53 %     1.44 %     1.64 %     1.85 %     1.94 %     2.42 %     0.00 %     1.02 %     1.98 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
   Net Assets (in thousands)
  $ 12,883     $ 35,387     $ 34,824     $ 38,069     $ 40,356     $ 58,074     $ 44,014       n/a     $ 23,678     $ 16,600  
   Units Outstanding (in thousands)
    1,572       3,672       3,912       2,833       2,891       4,076       3,000       n/a       2,368       1,563  
   Investment Income Ratio *
    1.18 %     1.41 %     1.10 %     1.03 %     0.97 %     0.86 %     0.68 %     n/a       0.67 %     1.01 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
   Net Assets (in thousands)
  $ 8,907     $ 23,777     $ 24,630     $ 22,417     $ 18,229     $ 32,487     $ 42,126       n/a     $ 9,396     $ 5,707  
   Units Outstanding (in thousands)
    1,036       2,449       2,703       1,601       1,237       2,140       2,675       n/a       914       552  
   Investment Income Ratio *
    1.35 %     1.19 %     1.28 %     0.80 %     0.90 %     0.84 %     1.51 %     n/a       0.00 %     0.00 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
   Net Assets (in thousands)
  $ 5,843     $ 9,460     $ 11,757     $ 4,545     $ 4,543     $ 10,572     $ 4,143       n/a       n/a       n/a  
   Units Outstanding (in thousands)
    755       1,067       1,443       361       347       788       300       n/a       n/a       n/a  
   Investment Income Ratio *
    3.62 %     3.34 %     3.26 %     0.00 %     0.00 %     0.00 %     0.00 %     n/a       n/a       n/a  
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
   Net Assets (in thousands)
  $ 1,078     $ 2,187     $ 2,967       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Units Outstanding (in thousands)
    172       288       440       n/a       n/a       n/a       n/a       n/a       n/a       n/a  
   Investment Income Ratio *
    1.63 %     1.42 %     1.45 %     n/a       n/a       n/a       n/a       n/a       n/a       n/a  
                                                                                 
 
*    These amounts represent the dividends, excluding distributions of capital gains, received by the Portfolio from the underlying Fund divided by the average net assets.  In some instances, the investment income ratio may be rounded to 0.00% even though the Portfolio received dividend income from the underlying Fund.
 
(a) Commencement of operations April 6, 2009.
(b) Commencement of operations May 3, 2010.
(c) Commencement of operations April 30, 2012.
 
 
Page 73

 

JNLNY Separate Account I
                               
Notes to Financial Statements (continued)
                           
                                         
Note 7 - Financial Highlights (continued)
                                   
 
   
JNL/American
 
JNL/American
 
JNL/American
 
JNL/American
     
JNL/AQR
 
JNL/BlackRock
     
JNL/Brookfield
 
JNL/Capital
   
Funds Global
 
Funds Growth
 
Funds
 
Funds
 
JNL/American
 
Managed Futures
 
Commodity
 
JNL/BlackRock
 
Global
 
Guardian Global
   
Small Capitalization
 
Allocation
 
Growth-Income
 
International
 
Funds New
 
Strategy
 
Securities
 
Global Allocation
 
Infrastructure
 
Balanced
   
Portfolio(a)
 
Portfolio(e)
 
Portfolio(a)
 
Portfolio(a)
 
World Portfolio(a)
 
Portfolio(c)
 
Portfolio
 
Portfolio(b)
 
Portfolio(d)
 
Portfolio
                                                             
Highest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                             
   Unit Value
  $ 9.893015     $ 10.271827     $ 11.179782     $ 10.178122     $ 10.673864     $ 9.823886     $ 9.289162     $ 10.305240     $ 11.979817     $ 8.899463  
   Total Return *
    10.28 %***     1.49 %***     14.07 %     14.39 %     13.45 %***     6.56 %***     -2.26 %     6.81 %     15.78 %     8.60 %
   Ratio of Expenses **
    2.56 %     2.42 %     2.46 %     2.595 %     2.56 %     1.25 %     3.06 %     2.56 %     2.46 %     4.00 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
   Unit Value
  $ 8.623965       n/a     $ 9.800553     $ 8.897912     $ 9.345775       n/a     $ 9.503708     $ 9.648319     $ 10.347437     $ 8.194877  
   Total Return *
    -21.38 %     n/a       -4.67 %     -19.11 %***     -16.38 %     n/a       -10.15 %     -4.98 %***     0.27 %***     -8.48 %
   Ratio of Expenses **
    2.46 %     n/a       2.46 %     2.595 %     2.46 %     n/a       3.06 %     2.56 %     2.46 %     4.00 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
   Unit Value
  $ 10.969575       n/a     $ 10.280893     $ 10.674432     $ 11.176281       n/a     $ 10.577556     $ 10.294555       n/a     $ 8.954289  
   Total Return *
    1.76 %***     n/a       2.86 %***     4.24 %***     6.16 %***     n/a       13.90 %     3.61 %***     n/a       4.74 %
   Ratio of Expenses **
    2.46 %     n/a       2.46 %     2.46 %     2.46 %     n/a       3.06 %     2.42 %     n/a       4.00 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a     $ 9.286455       n/a       n/a     $ 8.549148  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       45.41 %     n/a       n/a       17.68 %
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       3.06 %     n/a       n/a       4.00 %
                                                                                 
Period ended December 31, 2008
                                                                         
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a     $ 6.386254       n/a       n/a     $ 7.264910  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       -52.69 %     n/a       n/a       -31.10 %
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       3.06 %     n/a       n/a       4.00 %
 
* Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio.  The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented.  Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
** 
Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated.  The ratios include only those expenses that result in a direct reduction to unit values. Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
   
(a)
Commencement of operations May 3, 2010.
(b) 
Commencement of operations October 11, 2010.
(c) 
Commencement of operations August 29, 2011.
(d)
Commencement of operations December 12, 2011.
(e)
Commencement of operations April 29, 2012.
 
 
Page 74

 
 
JNLNY Separate Account I
                               
Notes to Financial Statements (continued)
                           
                                         
Note 7 - Financial Highlights (continued)
                                   
 
   
JNL/American
 
JNL/American
 
JNL/American
 
JNL/American
     
JNL/AQR
 
JNL/BlackRock
     
JNL/Brookfield
 
JNL/Capital
   
Funds Global
 
Funds Growth
 
Funds
 
Funds
 
JNL/American
 
Managed Futures
 
Commodity
 
JNL/BlackRock
 
Global
 
Guardian Global
   
Small Capitalization
 
Allocation
 
Growth-Income
 
International
 
Funds New
 
Strategy
 
Securities
 
Global Allocation
 
Infrastructure
 
Balanced
   
Portfolio(a)
 
Portfolio(e)
 
Portfolio(a)
 
Portfolio(a)
 
World Portfolio(a)
 
Portfolio(c)
 
Portfolio
 
Portfolio(b)
 
Portfolio(d)
 
Portfolio
                                                             
Lowest expense ratio
                                                           
Period ended December 31, 2012
                                                       
                                                             
   Unit Value
  $ 10.258146     $ 10.346059     $ 11.622914     $ 10.563954     $ 11.067687     $ 9.876802     $ 10.595859     $ 10.668681     $ 12.184240     $ 12.609448  
   Total Return *
    16.49 %     2.62 %***     -0.19 %***     -1.86 %     15.97 %     3.82 %***     14.31 %***     0.79 %***     13.75 %***     11.63 %
   Ratio of Expenses **
    1.20 %     1.35 %     1.00 %     1.20 %     1.20 %     0.85 %     0.85 %     1.00 %     0.85 %     1.25 %
                                                                                 
Period ended December 31, 2011
                                                                         
                                                                                 
   Unit Value
  $ 8.806076       n/a     $ 10.007812     $ 9.106416     $ 9.543319       n/a     $ 10.420986     $ 9.809639     $ 10.353105     $ 11.295328  
   Total Return *
    -20.39 %     n/a       -3.47 %     -15.40 %     -15.32 %     n/a       -8.47 %     -4.97 %     1.63 %***     -5.94 %
   Ratio of Expenses **
    1.20 %     n/a       1.20 %     1.20 %     1.20 %     n/a       1.20 %     1.20 %     1.35 %     1.25 %
                                                                                 
Period ended December 31, 2010
                                                                         
                                                                                 
   Unit Value
  $ 11.061642       n/a     $ 10.367185     $ 10.764025     $ 11.269970       n/a     $ 11.385308     $ 10.322473       n/a     $ 12.008142  
   Total Return *
    3.98 %***     n/a       1.98 %***     12.99 %***     3.10 %***     n/a       16.04 %     1.12 %***     n/a       7.66 %
   Ratio of Expenses **
    1.20 %     n/a       1.20 %     1.20 %     1.20 %     n/a       1.20 %     1.20 %     n/a       1.25 %
                                                                                 
Period ended December 31, 2009
                                                                         
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a     $ 9.811404       n/a       n/a     $ 11.153827  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       48.14 %     n/a       n/a       20.96 %
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       1.20 %     n/a       n/a       1.25 %
                                                                                 
Period ended December 31, 2008
                                                                         
                                                                                 
   Unit Value
    n/a       n/a       n/a       n/a       n/a       n/a     $ 6.622915       n/a       n/a     $ 9.221201  
   Total Return *
    n/a       n/a       n/a       n/a       n/a       n/a       -50.26 %***     n/a       n/a       -29.18 %
   Ratio of Expenses **
    n/a       n/a       n/a       n/a       n/a       n/a       1.20 %     n/a       n/a       1.25 %
 
* Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio.  The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented.  Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less  expenses that are charged directly to that Portfolio of the Separate Account.
** Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated.  The ratios include only those expenses that result in a direct reduction to unit values. Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
   
(a) 
Commencement of operations May 3, 2010.
(b)
Commencement of operations October 11, 2010.
(c)
Commencement of operations August 29, 2011.
(d)
Commencement of operations December 12, 2011.
(e)
Commencement of operations April 29, 2012.
 
 
Page 75

 

JNLNY Separate Account I
                               
Notes to Financial Statements (continued)
                           
                                         
Note 7 - Financial Highlights (continued)
                                   
 
   
JNL/American
 
JNL/American
 
JNL/American
 
JNL/American
     
JNL/AQR
 
JNL/BlackRock
     
JNL/Brookfield
 
JNL/Capital
   
Funds Global
 
Funds Growth
 
Funds
 
Funds
 
JNL/American
 
Managed Futures
 
Commodity
 
JNL/BlackRock
 
Global
 
Guardian Global
   
Small Capitalization
 
Allocation
 
Growth-Income
 
International
 
Funds New
 
Strategy
 
Securities
 
Global Allocation
 
Infrastructure
 
Balanced
   
Portfolio(a)
 
Portfolio(e)
 
Portfolio(a)
 
Portfolio(a)
 
World Portfolio(a)
 
Portfolio(c)
 
Portfolio
 
Portfolio(b)
 
Portfolio(d)
 
Portfolio
                                                             
Portfolio data
                                                           
Period ended December 31, 2012
                                                       
                                                             
   Net Assets (in thousands)
  $ 13,337     $ 4,260     $ 48,188     $ 19,107     $ 21,332     $ 1,647     $ 43,540     $ 66,293     $ 4,763     $ 20,485  
   Units Outstanding (in thousands)
    1,313       413       4,205       1,827       1,948       167       4,294       6,292       393       1,696  
   Investment Income Ratio *
    0.74 %     0.00 %     0.80 %     1.19 %     1.07 %     0.00 %     0.00 %     0.00 %     0.06 %     2.03 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
   Net Assets (in thousands)
  $ 8,653       n/a     $ 29,983     $ 11,987     $ 13,117       n/a     $ 40,160     $ 18,579     $ 350     $ 18,675  
   Units Outstanding (in thousands)
    988       n/a       3,012       1,324       1,383       n/a       3,939       1,902       34       1,722  
   Investment Income Ratio *
    0.36 %     n/a       0.55 %     0.75 %     0.63 %     n/a       0.62 %     0.57 %     0.00 %     1.08 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
   Net Assets (in thousands)
  $ 6,409       n/a     $ 9,854     $ 4,825     $ 5,160       n/a     $ 31,623     $ 7,298       n/a     $ 18,133  
   Units Outstanding (in thousands)
    581       n/a       953       449       459       n/a       2,831       708       n/a       1,568  
   Investment Income Ratio *
    0.00 %     n/a       0.00 %     0.00 %     0.00 %     n/a       0.32 %     0.00 %     n/a       1.13 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
   Net Assets (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a     $ 28,331       n/a       n/a     $ 13,985  
   Units Outstanding (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       2,934       n/a       n/a       1,299  
   Investment Income Ratio *
    n/a       n/a       n/a       n/a       n/a       n/a       0.86 %     n/a       n/a       2.46 %
                                                                                 
Period ended December 31, 2008
                                                                         
                                                                                 
   Net Assets (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a     $ 17,074       n/a       n/a     $ 9,625  
   Units Outstanding (in thousands)
    n/a       n/a       n/a       n/a       n/a       n/a       2,612       n/a       n/a       1,077  
   Investment Income Ratio *
    n/a       n/a       n/a       n/a       n/a       n/a       0.08 %     n/a       n/a       1.10 %
 
* These amounts represent the dividends, excluding distributions of capital gains, received by the Portfolio from the underlying Fund divided by the average net assets.  In some instances, the investment income ratio may be rounded to 0.00% even though the Portfolio received dividend income from the underlying Fund.
   
(a) 
Commencement of operations May 3, 2010.
(b)
Commencement of operations October 11, 2010.
(c)
Commencement of operations August 29, 2011.
(d)
Commencement of operations December 12, 2011.
(e)
Commencement of operations April 29, 2012.
 
 
Page 76

 

JNLNY Separate Account I
                             
Notes to Financial Statements (continued)
                             
                                                             
Note 7 - Financial Highlights (continued)
                                   
                                                             
   
JNL/Capital
Guardian Global
Diversified
Research Portfolio
 
JNL/DFA U.S.
Core Equity
Portfolio
 
JNL/Eagle
SmallCap Equity
Portfolio
 
JNL/Eastspring
Investments
Asia ex-Japan
Portfolio
 
JNL/Eastspring
Investments
China-India
Portfolio
 
JNL/Franklin
Templeton Founding
Strategy Portfolio
 
JNL/Franklin
Templeton
Global Growth
Portfolio
 
JNL/Franklin
Templeton Global
Multisector Bond
Portfolio(a)
 
JNL/Franklin
Templeton
Income Portfolio
 
JNL/Franklin
Templeton Inter-
national Small Cap
Growth Portfolio
                                                             
Highest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                             
    Unit Value
  $ 21.955160     $ 13.235343     $ 23.775844     $ 8.310648     $ 6.959027     $ 8.897691     $ 8.063049     $ 11.557034     $ 11.026824     $ 7.973159  
    Total Return *
    13.65 %     9.84 %     10.55 %     19.19 %     20.04 %     12.61 %     18.53 %     8.29 %***     8.81 %     23.93 %
    Ratio of Expenses **
    2.92 %     3.445 %     2.92 %     2.77 %     2.81 %     2.92 %     2.92 %     2.46 %     3.06 %     2.645 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
    Unit Value
  $ 19.319006     $ 12.050048     $ 21.507223     $ 6.972502     $ 5.797024     $ 7.901322     $ 6.802345     $ 10.050974     $ 10.134060     $ 6.433521  
    Total Return *
    -7.25 %     -4.19 %     -5.11 %     -23.34 %     -29.88 %     -4.19 %     -8.78 %     0.51 %***     -0.55 %     -16.61 %***
    Ratio of Expenses **
    2.92 %     3.445 %     2.92 %     2.77 %     2.81 %     2.92 %     2.92 %     1.82 %     3.06 %     2.645 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
   Unit Value
  $ 20.828884     $ 12.577079     $ 22.666493     $ 9.095534     $ 8.267688     $ 8.247152     $ 7.456868       n/a     $ 10.190111     $ 7.714890  
   Total Return *
    8.56 %     8.07 %     31.74 %     16.14 %     -1.16 %***     7.21 %     3.99 %     n/a       9.17 %     17.40 %
   Ratio of Expenses **
    2.92 %     3.45 %     2.92 %     2.77 %     2.81 %     2.92 %     2.92 %     n/a       3.06 %     2.645 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
    Unit Value
  $ 19.186964     $ 11.638017     $ 17.205430     $ 7.831456     $ 7.278544     $ 7.692367     $ 7.171023       n/a     $ 9.333800     $ 6.571401  
    Total Return *
    34.25 %     29.30 %     31.59 %     15.78 %***     20.08 %***     26.39 %     27.07 %     n/a       28.91 %     48.61 %
    Ratio of Expenses **
    2.92 %     3.45 %     2.92 %     2.77 %     2.77 %     2.92 %     2.92 %     n/a       3.06 %     2.645 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
    Unit Value
  $ 14.291823     $ 9.000976     $ 13.075035     $ 4.752767     $ 4.118907     $ 6.086256     $ 5.643363       n/a     $ 7.240302     $ 4.421985  
    Total Return *
    -41.86 %***     -41.10 %     -40.06 %     -23.20 %***     -47.23 %***     -37.97 %     -42.33 %     n/a       -31.85 %     -55.11 %
    Ratio of Expenses **
    2.92 %     3.45 %     2.92 %     2.67 %     2.47 %     2.92 %     2.92 %     n/a       3.06 %     2.645 %
                                                                                 
*    Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio. The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented. Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**   Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated. The ratios include only those expenses that result in a direct reduction to unit values.
Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
*** Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
                                                                                 
(a) Commencement of operations December 12, 2011.
                                                         
 
 
Page 77

 
 
JNLNY Separate Account I
                             
Notes to Financial Statements (continued)
                       
                                                             
Note 7 - Financial Highlights (continued)
                                 
                                                             
   
JNL/Capital
Guardian Global
Diversified
Research Portfolio
 
JNL/DFA U.S.
Core Equity
Portfolio
 
JNL/Eagle
SmallCap Equity
Portfolio
 
JNL/Eastspring
Investments
Asia ex-Japan
Portfolio
 
JNL/Eastspring
Investments
China-India
Portfolio
 
JNL/Franklin
Templeton Founding
Strategy Portfolio
 
JNL/Franklin
Templeton
Global Growth
Portfolio
 
JNL/Franklin
Templeton Global
Multisector Bond
Portfolio(a)
 
JNL/Franklin
Templeton
Income Portfolio
 
JNL/Franklin
Templeton Inter-
national Small Cap
Growth Portfolio
                                                             
Lowest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                             
    Unit Value
  $ 29.737379     $ 19.712406     $ 31.984710     $ 9.092134     $ 7.629376     $ 9.857235     $ 8.932659     $ 11.736107     $ 12.482631     $ 8.667349  
    Total Return *
    15.62 %***     1.42 %***     8.78 %     6.96 %***     3.02 %***     14.57 %     20.60 %     3.09 %***     10.86 %     17.64 %***
    Ratio of Expenses **
    1.20 %     1.00 %     1.10 %     1.00 %     1.00 %     1.20 %     1.20 %     1.00 %     1.20 %     1.00 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
    Unit Value
  $ 25.507270     $ 17.247755     $ 28.409569     $ 7.418200     $ 6.177716     $ 8.603731     $ 7.407117     $ 10.053056     $ 11.260011     $ 6.823433  
    Total Return *
    -5.69 %     -1.92 %     -3.38 %     -22.17 %     -28.78 %     -6.63 %***     -7.20 %***     0.53 %***     1.31 %     -15.40 %
    Ratio of Expenses **
    1.25 %     1.10 %     1.10 %     1.25 %     1.25 %     1.20 %     1.20 %     1.40 %     1.20 %     1.20 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
    Unit Value
  $ 27.046552     $ 17.585979     $ 29.402331     $ 9.531443     $ 8.674606     $ 8.810426     $ 7.966199       n/a     $ 11.114211     $ 8.065387  
    Total Return *
    10.39 %     10.63 %     34.17 %     17.92 %     15.47 %     9.02 %     5.74 %     n/a       11.22 %     19.11 %
    Ratio of Expenses **
    1.25 %     1.10 %     1.10 %     1.25 %     1.25 %     1.25 %     1.25 %     n/a       1.20 %     1.20 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
    Unit Value
  $ 24.501862     $ 15.895750     $ 21.915024     $ 8.082935     $ 7.512174     $ 8.081629     $ 7.533953       n/a     $ 9.992628     $ 6.771385  
    Total Return *
    36.51 %     32.37 %     34.00 %     1.99 %***     12.28 %***     28.52 %     29.21 %     n/a       4.97 %***     0.84 %***
    Ratio of Expenses **
    1.25 %     1.10 %     1.10 %     1.25 %     1.25 %     1.25 %     1.25 %     n/a       1.20 %     1.20 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
    Unit Value
  $ 17.948440     $ 12.009007     $ 16.353961     $ 4.820984     $ 4.168903     $ 6.288338     $ 5.830781       n/a     $ 7.598687     $ 4.484082  
    Total Return *
    -43.20 %     -39.70 %     -38.96 %     -48.71 %***     -46.57 %***     -36.93 %     -41.36 %     n/a       -30.61 %     -54.52 %
    Ratio of Expenses **
    1.25 %     1.10 %     1.10 %     1.35 %     1.35 %     1.25 %     1.25 %     n/a       1.25 %     1.35 %
                                                                                 
*    Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio. The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented. Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**    Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated. The ratios include only those expenses that result in a direct reduction to unit values.
Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
*** Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
                                                                                 
(a) Commencement of operations December 12, 2011.
 
 
Page 78

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
    
JNL/Capital
Guardian Global
Diversified
Research Portfolio
 
JNL/DFA U.S.
Core Equity
Portfolio
 
JNL/Eagle
SmallCap Equity
Portfolio
 
JNL/Eastspring
Investments
Asia ex-Japan
Portfolio
 
JNL/Eastspring
Investments
China-India
Portfolio
 
JNL/Franklin
Templeton Founding
Strategy Portfolio
 
JNL/Franklin
Templeton
Global Growth
Portfolio
 
JNL/Franklin
Templeton Global
Multisector Bond
Portfolio(a)
 
JNL/Franklin
Templeton
Income Portfolio
 
JNL/Franklin
Templeton Inter-
national Small Cap
Growth Portfolio
                                                             
Portfolio data
                                                           
Period ended December 31, 2012
                                                           
                                                             
    Net Assets (in thousands)
  $ 11,953     $ 9,008     $ 46,089     $ 11,645     $ 26,375     $ 71,831     $ 15,856     $ 11,176     $ 85,711     $ 13,432  
    Units Outstanding (in thousands)
    468       512       1,576       1,320       3,568       7,459       1,813       959       7,036       1,599  
    Investment Income Ratio *
    1.19 %     0.89 %     0.00 %     0.68 %     0.78 %     2.20 %     1.55 %     0.34 %     4.68 %     1.63 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
    Net Assets (in thousands)
  $ 10,792     $ 7,533     $ 38,957     $ 7,751     $ 19,522     $ 61,514     $ 12,114     $ -     $ 67,216     $ 8,741  
    Units Outstanding (in thousands)
    491       482       1,490       1,060       3,207       7,295       1,665       -       6,100       1,302  
    Investment Income Ratio *
    0.94 %     0.58 %     0.00 %     0.46 %     0.36 %     1.48 %     0.96 %     0.00 %     4.18 %     1.46 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
    Net Assets (in thousands)
  $ 11,063     $ 5,550     $ 29,936     $ 9,193     $ 21,618     $ 57,185     $ 9,349       n/a     $ 53,897     $ 8,311  
    Units Outstanding (in thousands)
    482       354       1,107       975       2,520       6,588       1,188       n/a       4,941       1,044  
    Investment Income Ratio *
    0.73 %     0.32 %     0.23 %     0.13 %     0.00 %     3.14 %     1.55 %     n/a       4.20 %     1.29 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
    Net Assets (in thousands)
  $ 8,855     $ 4,315     $ 10,264     $ 5,941     $ 16,155     $ 41,621     $ 5,832       n/a     $ 34,693     $ 5,539  
    Units Outstanding (in thousands)
    446       328       521       741       2,160       5,214       782       n/a       3,531       826  
    Investment Income Ratio *
    1.86 %     1.31 %     0.00 %     0.01 %     0.00 %     0.07 %     2.26 %     n/a       7.00 %     2.36 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
    Net Assets (in thousands)
  $ 4,641     $ 2,152     $ 4,286     $ 497     $ 1,081     $ 26,679     $ 3,094       n/a     $ 23,604     $ 709  
    Units Outstanding (in thousands)
    347       235       299       104       259       4,280       535       n/a       3,144       159  
    Investment Income Ratio *
    0.00 %     2.51 %     0.00 %     1.70 %     0.00 %     1.39 %     0.02 %     n/a       0.09 %     0.22 %
 
*
These amounts represent the dividends, excluding distributions of capital gains, received by the Portfolio from the underlying Fund divided by the average net assets. In some instances, the investment income ratio may be rounded to 0.00% even though the Portfolio received dividend income from the underlying Fund.
   
(a)
Commencement of operations December 12, 2011.
 
 
Page 79

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
    
JNL/Franklin
Templeton Mutual
Shares Portfolio
 
JNL/Franklin
Templeton
Small Cap
Value Portfolio
   
JNL/
Goldman Sachs
Core Plus
Bond Portfolio
   
JNL/Goldman
Sachs Emerging
Markets Debt
Portfolio(a)
 
JNL/
Goldman Sachs
Mid Cap
Value Portfolio
 
JNL/Goldman
Sachs U.S.
Equity Flex
Portfolio
 
JNL/Invesco
Global Real Estate
Portfolio
 
JNL/Invesco
International
Growth Portfolio
 
JNL/Invesco
Large Cap
Growth Portfolio
 
JNL/Invesco
Small Cap
Growth Portfolio
                                                             
Highest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                             
    Unit Value
  $ 8.521104     $ 12.631682     $ 18.268639     $ 14.032145     $ 12.464803     $ 8.295683     $ 12.877546     $ 13.120420     $ 9.560387     $ 13.724219  
    Total Return *
    10.78 %     14.23 %     4.26 %     16.71 %     14.45 %     16.27 %     24.44 %     12.26 %     8.07 %     13.50 %
    Ratio of Expenses **
    2.56 %     2.92 %     3.30 %     2.81 %     3.06 %     2.81 %     3.06 %     3.06 %     4.00 %     3.60 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
    Unit Value
  $ 7.691597     $ 11.058315     $ 17.522972     $ 12.023017     $ 10.891241     $ 7.134821     $ 10.348752     $ 11.687458     $ 8.846506     $ 12.091397  
    Total Return *
    -3.16 %     -5.52 %     2.82 %     -7.31 %     -9.35 %     -13.10 %     -9.08 %     -9.68 %     -10.33 %     -4.84 %
    Ratio of Expenses **
    2.56 %     2.92 %     3.30 %     2.81 %     3.06 %     2.81 %     3.06 %     3.06 %     4.00 %     3.60 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
    Unit Value
  $ 7.942977     $ 11.704333     $ 17.043066     $ 12.970732     $ 12.014464     $ 8.210392     $ 11.382358     $ 12.940614     $ 9.866017     $ 12.706377  
    Total Return *
    8.64 %     23.18 %     4.13 %     -1.70 %***     20.65 %     1.33 %***     13.62 %     8.92 %     12.80 %     21.75 %
    Ratio of Expenses **
    2.56 %     2.92 %     3.30 %     2.81 %     3.06 %     2.81 %     3.06 %     3.06 %     4.00 %     3.60 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
    Unit Value
  $ 7.311457     $ 9.501581     $ 16.366352     $ 11.542313     $ 9.958343     $ 7.830309     $ 10.018332     $ 11.880546     $ 8.746244     $ 10.436552  
    Total Return *
    23.54 %     29.77 %     10.45 %     9.49 %***     28.66 %     22.16 %***     28.54 %     32.86 %     19.42 %     30.03 %
    Ratio of Expenses **
    2.56 %     2.92 %     3.30 %     2.56 %     3.06 %     2.56 %     3.06 %     3.06 %     4.00 %     3.60 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
    Unit Value
  $ 5.918448     $ 7.322015     $ 14.817905     $ 9.627208     $ 7.740295     $ 6.443505     $ 7.794000     $ 8.941970     $ 7.324091     $ 8.026065  
    Total Return *
    -39.47 %     -35.05 %     -8.25 %     1.68 %***     -38.02 %     -39.20 %     -37.64 %     -42.72 %     -40.11 %     -41.86 %
    Ratio of Expenses **
    2.56 %     2.92 %     3.30 %     2.32 %     3.06 %     2.46 %     3.06 %     3.06 %     4.00 %     3.60 %
 
*
Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio. The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented. Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**
Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated. The ratios include only those expenses that result in a direct reduction to unit values.
 
Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
   
(a)
Commencement of operations October 6, 2008.
 
 
Page 80

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
    
JNL/Franklin
Templeton Mutual
Shares Portfolio
 
JNL/Franklin
Templeton
Small Cap
Value Portfolio
 
JNL/
Goldman Sachs
Core Plus
Bond Portfolio
 
JNL/Goldman
Sachs Emerging
Markets Debt
Portfolio(a)
 
JNL/
Goldman Sachs
Mid Cap
Value Portfolio
 
JNL/Goldman
Sachs U.S.
Equity Flex
Portfolio
 
JNL/Invesco
Global Real Estate
Portfolio
 
JNL/Invesco
International
Growth Portfolio
 
JNL/Invesco
Large Cap
Growth Portfolio
 
JNL/Invesco
Small Cap
Growth Portfolio
                                                             
Lowest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                             
    Unit Value
  $ 9.240017     $ 14.633484     $ 26.929413     $ 15.246170     $ 14.374973     $ 9.131280     $ 15.254481     $ 18.868951     $ 13.219647     $ 18.350522  
    Total Return *
    12.30 %     11.16 %***     6.58 %     13.03 %***     16.60 %     18.16 %     16.75 %***     8.78 %***     11.26 %     7.02 %***
    Ratio of Expenses **
    1.20 %     1.00 %     1.10 %     0.85 %     1.20 %     1.20 %     0.85 %     1.00 %     1.10 %     1.00 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
    Unit Value
  $ 8.227627     $ 12.358621     $ 25.266640     $ 12.665430     $ 12.328155     $ 7.727713     $ 11.713852     $ 15.926058     $ 11.881918     $ 15.356308  
    Total Return *
    -1.84 %     -9.55 %***     5.10 %     -5.81 %     -7.65 %     -11.69 %     -7.38 %***     -7.99 %     -7.70 %     -2.58 %
    Ratio of Expenses **
    1.20 %     1.25 %     1.10 %     1.20 %     1.20 %     1.20 %     1.20 %     1.20 %     1.10 %     1.25 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
    Unit Value
  $ 8.382027     $ 12.792624     $ 24.041331     $ 13.446113     $ 13.349617     $ 8.751043     $ 12.611990     $ 17.309587     $ 12.873477     $ 15.763517  
    Total Return *
    10.12 %     25.14 %     6.45 %     3.93 %***     22.91 %     7.40 %     15.68 %     10.97 %     16.12 %     24.64 %
    Ratio of Expenses **
    1.20 %     1.35 %     1.10 %     1.20 %     1.20 %     1.20 %     1.25 %     1.20 %     1.10 %     1.25 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
    Unit Value
  $ 7.611388     $ 10.222878     $ 22.584355     $ 11.702888     $ 10.861081     $ 8.148045     $ 10.902034     $ 15.598755     $ 11.086130     $ 12.646845  
    Total Return *
    25.23 %     31.81 %     12.91 %     21.28 %     2.03 %***     23.37 %     30.89 %     35.36 %     22.93 %     33.13 %
    Ratio of Expenses **
    1.20 %     1.35 %     1.10 %     1.35 %     1.20 %     1.20 %     1.25 %     1.20 %     1.10 %     1.25 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
    Unit Value
  $ 6.077994     $ 7.755973     $ 20.002660     $ 9.649295     $ 8.241286     $ 6.604318     $ 8.329075     $ 11.524130     $ 9.018126     $ 9.499926  
    Total Return *
    -34.06 %***     -34.03 %     -6.21 %     7.15 %***     -36.95 %     -32.20 %***     -36.50 %     -35.61 %***     -38.35 %     -40.48 %
    Ratio of Expenses **
    1.20 %     1.35 %     1.10 %     1.35 %     1.35 %     1.20 %     1.25 %     1.20 %     1.10 %     1.25 %
 
*
Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio. The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented. Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**
Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated. The ratios include only those expenses that result in a direct reduction to unit values.
 
Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
   
(a)
Commencement of operations October 6, 2008.
 
 
Page 81

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
    
JNL/Franklin
Templeton Mutual
Shares Portfolio
 
JNL/Franklin
Templeton
Small Cap
Value Portfolio
 
JNL/
Goldman Sachs
Core Plus
Bond Portfolio
 
JNL/Goldman
Sachs Emerging
Markets Debt
Portfolio(a)
 
JNL/
Goldman Sachs
Mid Cap
Value Portfolio
 
JNL/Goldman
Sachs U.S.
Equity Flex
Portfolio
 
JNL/Invesco
Global Real Estate
Portfolio
 
JNL/Invesco
International
Growth Portfolio
 
JNL/Invesco
Large Cap
Growth Portfolio
 
JNL/Invesco
Small Cap
Growth Portfolio
                                                             
Portfolio data
                                                           
Period ended December 31, 2012
                                                           
                                                             
    Net Assets (in thousands)
  $ 28,473     $ 22,557     $ 41,804     $ 17,700     $ 26,407     $ 6,831     $ 36,326     $ 23,664     $ 21,018     $ 15,231  
    Units Outstanding (in thousands)
    3,145       1,615       1,701       1,197       1,891       765       2,520       1,405       1,678       887  
    Investment Income Ratio *
    1.55 %     0.27 %     2.46 %     0.00 %     1.18 %     0.39 %     0.78 %     1.73 %     0.00 %     0.00 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
    Net Assets (in thousands)
  $ 22,395     $ 16,217     $ 30,199     $ 17,233     $ 22,894     $ 5,277     $ 19,221     $ 18,854     $ 16,200     $ 10,988  
    Units Outstanding (in thousands)
    2,771       1,345       1,310       1,378       1,902       696       1,688       1,283       1,433       743  
    Investment Income Ratio *
    2.62 %     0.32 %     2.07 %     5.19 %     0.86 %     0.12 %     2.67 %     0.71 %     0.16 %     0.00 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
    Net Assets (in thousands)
  $ 17,073     $ 13,064     $ 23,678     $ 14,482     $ 11,928     $ 5,598     $ 16,691     $ 18,691     $ 13,781     $ 9,681  
    Units Outstanding (in thousands)
    2,069       1,038       1,084       1,087       914       650       1,354       1,181       1,124       637  
    Investment Income Ratio *
    0.03 %     0.56 %     2.74 %     1.32 %     0.64 %     0.76 %     5.36 %     0.67 %     0.30 %     0.00 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
    Net Assets (in thousands)
  $ 10,152     $ 5,783     $ 18,061     $ 3,676     $ 5,694     $ 3,506     $ 9,829     $ 16,218     $ 9,404     $ 6,353  
    Units Outstanding (in thousands)
    1,351       574       886       316       536       436       919       1,140       892       522  
    Investment Income Ratio *
    4.44 %     0.99 %     4.89 %     0.22 %     1.33 %     0.97 %     3.02 %     2.22 %     0.31 %     0.00 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
    Net Assets (in thousands)
  $ 5,576     $ 2,371     $ 14,518     $ 90     $ 2,680     $ 1,601     $ 4,718     $ 9,437     $ 5,553     $ 2,303  
    Units Outstanding (in thousands)
    925       310       825       9       331       245       577       906       650       254  
    Investment Income Ratio *
    0.00 %     1.14 %     3.90 %     0.00 %     0.99 %     0.00 %     2.10 %     0.45 %     0.15 %     0.00 %
 
*
These amounts represent the dividends, excluding distributions of capital gains, received by the Portfolio from the underlying Fund divided by the average net assets. In some instances, the investment income ratio may be rounded to 0.00% even though the Portfolio received dividend income from the underlying Fund.
   
(a)
Commencement of operations October 6, 2008.
 
 
Page 82

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
    
JNL/Ivy
Asset Strategy
Portfolio(b)
 
JNL/JPMorgan
International
Value Portfolio
 
JNL/JPMorgan
MidCap Growth
Portfolio
 
JNL/JPMorgan
U.S. Government
& Quality Bond
Portfolio
 
JNL/Lazard
Emerging Markets
Portfolio
 
JNL/Lazard
Mid Cap
Equity Portfolio
 
JNL/M&G
Global Basics
Portfolio(a)
 
JNL/M&G
Global Leaders
Portfolio(a)
 
JNL/MCM
10 x 10
Portfolio
 
JNL/MCM
25 Portfolio
                                                             
Highest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                             
    Unit Value
  $ 11.314614     $ 9.288562     $ 20.131128     $ 13.368705     $ 12.416942     $ 14.354642     $ 13.050297     $ 11.881228     $ 9.054294     $ 14.435226  
    Total Return *
    14.00 %     12.92 %     12.89 %     -0.43 %     18.51 %     3.90 %     5.27 %     11.97 %     13.13 %     14.31 %
    Ratio of Expenses **
    2.81 %     3.67 %     2.92 %     4.00 %     3.06 %     3.62 %     2.46 %     2.45 %     2.47 %     2.92 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
    Unit Value
  $ 9.925279     $ 8.225484     $ 17.832882     $ 13.426724     $ 10.477346     $ 13.815382     $ 12.396903     $ 10.610784     $ 8.003769     $ 12.628671  
    Total Return *
    -10.05 %     -16.00 %     -8.60 %     5.54 %     -20.22 %     -9.01 %     -14.03 %     -13.80 %     -4.47 %     5.75 %
    Ratio of Expenses **
    2.81 %     3.67 %     2.92 %     4.00 %     3.06 %     3.62 %     2.46 %     2.45 %     2.47 %     2.92 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
    Unit Value
  $ 11.034330     $ 9.791874     $ 19.509756     $ 12.722158     $ 13.133006     $ 15.183516     $ 14.419391     $ 12.310144     $ 8.378355     $ 11.942160  
    Total Return *
    5.25 %***     3.71 %     21.98 %     3.13 %     18.23 %     18.69 %     20.95 %***     10.48 %     13.59 %     19.32 %
    Ratio of Expenses **
    2.81 %     3.67 %     2.92 %     4.00 %     3.06 %     3.62 %     2.46 %     2.45 %     2.47 %     2.92 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
    Unit Value
  $ 10.346684     $ 9.442039     $ 15.994559     $ 12.335502     $ 11.107627     $ 12.792119     $ 12.027677     $ 11.142480     $ 7.375850     $ 10.008869  
    Total Return *
    -0.34 %***     25.48 %     38.84 %     -0.37 %     66.56 %     34.69 %     2.20 %***     52.64 %***     21.55 %     48.54 %
    Ratio of Expenses **
    2.37 %     3.67 %     2.92 %     4.00 %     3.06 %     3.62 %     2.32 %     2.45 %     2.47 %     2.92 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
    Unit Value
    n/a     $ 7.524892     $ 11.519886     $ 12.381527     $ 6.668671     $ 9.497574     $ 8.387379     $ 8.317768     $ 6.068298     $ 6.738050  
    Total Return *
    n/a       -46.49 %     -46.04 %     2.36 %     -51.55 %     -41.13 %     3.40 %***     12.15 %***     -37.80 %     -37.09 %
    Ratio of Expenses **
    n/a       3.67 %     2.92 %     4.00 %     3.06 %     3.62 %     1.65 %     2.00 %     2.47 %     2.92 %
 
*
Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio. The total return does not include any expenses assessed through the redemption of units,
 
inclusion of these expenses in the calculation would result in a reduction in the total return presented. Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**
Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated. The ratios include only those expenses that result in a direct reduction to unit values.
 
Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
   
(a)
Commencement of operations October 6, 2008.
(b)
Commencement of operations September 28, 2009.
 
 
Page 83

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
    
JNL/Ivy
Asset Strategy
Portfolio(b)
 
JNL/JPMorgan
International
Value Portfolio
 
JNL/JPMorgan
MidCap Growth
Portfolio
 
JNL/JPMorgan
U.S. Government
& Quality Bond
Portfolio
 
JNL/Lazard
Emerging Markets
Portfolio
 
JNL/Lazard
Mid Cap
Equity Portfolio
 
JNL/M&G
Global Basics
Portfolio(a)
 
JNL/M&G
Global Leaders
Portfolio(a)
 
JNL/MCM
10 x 10
Portfolio
 
JNL/MCM
25 Portfolio
                                                             
Lowest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                             
    Unit Value
  $ 12.001718     $ 13.600982     $ 28.245166     $ 21.902507     $ 14.245087     $ 20.863336     $ 13.765150     $ 12.500932     $ 9.702499     $ 18.209120  
    Total Return *
    2.38 %***     15.87 %     2.12 %***     2.40 %     6.77 %***     6.56 %     3.05 %***     13.33 %     14.52 %     15.04 %***
    Ratio of Expenses **
    1.00 %     1.10 %     1.00 %     1.20 %     1.00 %     1.10 %     1.20 %     1.25 %     1.25 %     1.20 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
    Unit Value
  $ 10.292229     $ 11.737899     $ 23.739928     $ 21.388486     $ 11.641544     $ 19.578498     $ 12.850625     $ 11.030677     $ 8.472480     $ 15.560870  
    Total Return *
    -8.59 %***     -13.82 %     -7.01 %***     8.53 %     -18.73 %     -6.69 %     -13.07 %     -2.30 %***     -3.31 %     7.52 %
    Ratio of Expenses **
    1.20 %     1.10 %     1.20 %     1.20 %     1.20 %     1.10 %     1.35 %     1.25 %     1.25 %     1.25 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
    Unit Value
  $ 11.238795     $ 13.619569     $ 25.333583     $ 19.708034     $ 14.324101     $ 20.983331     $ 14.782825     $ 12.613218     $ 8.762104     $ 14.471906  
    Total Return *
    8.34 %     6.41 %     24.04 %     6.06 %     20.45 %     21.72 %     21.43 %     11.70 %     14.99 %     21.33 %
    Ratio of Expenses **
    1.35 %     1.10 %     1.25 %     1.20 %     1.20 %     1.10 %     1.35 %     1.35 %     1.25 %     1.25 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
    Unit Value
  $ 10.373870     $ 12.799740     $ 20.424376     $ 18.581407     $ 11.891765     $ 17.238509     $ 12.173516     $ 11.291894     $ 7.620194     $ 11.928181  
    Total Return *
    4.38 %***     28.74 %     41.18 %     2.46 %     2.85 %***     38.13 %     45.03 %     35.55 %     23.04 %     51.04 %
    Ratio of Expenses **
    1.35 %     1.10 %     1.25 %     1.20 %     1.20 %     1.10 %     1.35 %     1.35 %     1.25 %     1.25 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
   Unit Value
    n/a     $ 9.942002     $ 14.466516     $ 18.135712     $ 6.998757     $ 12.480293     $ 8.393798     $ 8.330475     $ 6.193316     $ 7.897156  
   Total Return *
    n/a       -45.10 %     -45.13 %     5.26 %     -50.67 %     -39.63 %     11.48 %***     12.21 %***     -37.04 %     -36.03 %
   Ratio of Expenses **
    n/a       1.10 %     1.25 %     1.20 %     1.25 %     1.10 %     1.35 %     1.35 %     1.25 %     1.25 %
 
*
Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio. The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented. Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**
Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated. The ratios include only those expenses that result in a direct reduction to unit values.
 
Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
   
(a)
Commencement of operations October 6, 2008.
(b)
Commencement of operations September 28, 2009.
 
 
Page 84

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
    
JNL/Ivy
Asset Strategy
Portfolio(b)
 
JNL/JPMorgan
International
Value Portfolio
 
JNL/JPMorgan
MidCap Growth
Portfolio
 
JNL/JPMorgan
U.S. Government
& Quality Bond
Portfolio
 
JNL/Lazard
Emerging Markets
Portfolio
 
JNL/Lazard
Mid Cap
Equity Portfolio
 
JNL/M&G
Global Basics
Portfolio(a)
 
JNL/M&G
Global Leaders
Portfolio(a)
 
JNL/MCM
10 x 10
Portfolio
 
JNL/MCM
25 Portfolio
                                                             
Portfolio data
                                                           
Period ended December 31, 2012
                                                           
                                                             
    Net Assets (in thousands)
  $ 81,633     $ 21,942     $ 17,299     $ 41,937     $ 45,233     $ 15,967     $ 3,676     $ 2,504     $ 34,975     $ 32,852  
    Units Outstanding (in thousands)
    6,936       1,733       731       2,069       3,301       831       271       204       3,665       1,913  
    Investment Income Ratio *
    0.11 %     4.83 %     0.00 %     2.28 %     2.02 %     0.27 %     1.19 %     1.13 %     2.36 %     2.37 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
    Net Assets (in thousands)
  $ 53,309     $ 17,379     $ 19,639     $ 35,432     $ 41,161     $ 14,088     $ 2,556     $ 1,890     $ 31,010     $ 22,351  
    Units Outstanding (in thousands)
    5,225       1,586       945       1,791       3,618       782       200       173       3,710       1,520  
    Investment Income Ratio *
    0.16 %     2.80 %     0.00 %     2.62 %     1.04 %     0.68 %     0.22 %     0.81 %     1.48 %     2.58 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
    Net Assets (in thousands)
  $ 30,214     $ 18,237     $ 19,305     $ 24,533     $ 56,931     $ 13,800     $ 1,664     $ 1,297     $ 28,351     $ 26,660  
    Units Outstanding (in thousands)
    2,696       1,432       884       1,349       4,060       716       113       103       3,273       1,941  
    Investment Income Ratio *
    0.01 %     2.40 %     0.00 %     3.28 %     0.55 %     0.53 %     0.75 %     0.48 %     2.05 %     3.13 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
    Net Assets (in thousands)
  $ 4,687     $ 19,101     $ 15,041     $ 17,065     $ 30,651     $ 10,301     $ 616     $ 465     $ 21,284     $ 9,395  
    Units Outstanding (in thousands)
    452       1,587       882       1,008       2,620       654       51       41       2,818       838  
    Investment Income Ratio *
    0.00 %     4.38 %     0.00 %     2.66 %     2.46 %     0.83 %     0.61 %     1.25 %     4.74 %     3.81 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
    Net Assets (in thousands)
    n/a     $ 14,626     $ 3,832     $ 14,559     $ 7,602     $ 7,070     $ 22     $ 38     $ 11,357     $ 11,781  
    Units Outstanding (in thousands)
    n/a       1,560       397       896       1,100       619       3       5       1,845       1,607  
    Investment Income Ratio *
    n/a       2.14 %     0.00 %     2.39 %     0.68 %     1.32 %     0.00 %     0.18 %     1.06 %     4.52 %
 
*
 These amounts represent the dividends, excluding distributions of capital gains, received by the Portfolio from the underlying Fund divided by the average net assets. In some instances, the investment income ratio may be rounded to 0.00% even though the Portfolio received dividend income from the underlying Fund.
   
(a)
Commencement of operations October 6, 2008.
(b)
Commencement of operations September 28, 2009.
 
 
Page 85

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
   
JNL/MCM
Bond Index
Portfolio
 
JNL/MCM
Communications
Sector Portfolio
 
JNL/MCM
Consumer Brands
Sector Portfolio
 
JNL/MCM
Dow Dividend
Portfolio
 
JNL/MCM Dow
Jones U.S. Contrarian
Opportunities
Index Portfolio(d)
 
JNL/MCM
Emerging Markets
Index Portfolio(c)
 
JNL/MCM
European 30
Portfolio(a)
 
JNL/MCM
Financial
Sector Portfolio
 
JNL/MCM
Global Alpha
Portfolio(b)
 
JNL/MCM
Healthcare
Sector Portfolio
                                                             
Highest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                             
Unit Value
  $ 11.037020     $ 5.059207     $ 10.936346     $ 7.085946     $ 10.046457     $ 10.327566     $ 11.268651     $ 6.565716     $ 9.801287     $ 11.173519  
Total Return *
    -0.28 %     16.70 %     19.10 %     8.27 %     -0.09 %***     11.21 %***     6.00 %     22.26 %     -4.15 %     14.33 %
Ratio of Expenses **
    3.82 %     3.06 %     3.595 %     2.92 %     2.56 %     2.46 %     2.46 %     3.10 %     2.32 %     3.62 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
Unit Value
  $ 11.068043     $ 4.335113     $ 9.182378     $ 6.544599       n/a     $ 9.041881     $ 10.631165     $ 5.370175     $ 10.225383     $ 9.773195  
Total Return *
    3.15 %     -6.10 %     2.78 %     2.74 %     n/a       -0.09 %***     -9.60 %     -15.54 %     0.52 %     6.95 %
Ratio of Expenses **
    3.82 %     3.06 %     3.595 %     2.92 %     n/a       1.82 %     2.46 %     3.10 %     2.32 %     3.62 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
Unit Value
  $ 10.730476     $ 4.616627     $ 8.933898     $ 6.370230       n/a       n/a     $ 11.760139     $ 6.358391     $ 10.172833     $ 9.138311  
Total Return *
    1.91 %     18.84 %     18.42 %     8.82 %     n/a       n/a       -0.35 %     10.02 %     3.21 %***     0.18 %
Ratio of Expenses **
    3.82 %     3.06 %     3.595 %     2.92 %     n/a       n/a       2.46 %     3.10 %     2.32 %     3.62 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
Unit Value
  $ 10.529872     $ 3.884787     $ 7.544110     $ 5.853775       n/a       n/a     $ 11.801059     $ 5.779211     $ 9.824164     $ 9.121715  
Total Return *
    1.78 %     21.81 %     28.44 %     16.79 %     n/a       n/a       37.60 %     15.00 %     -2.35 %***     16.67 %
Ratio of Expenses **
    3.82 %     3.06 %     3.595 %     2.92 %     n/a       n/a       2.46 %     3.10 %     2.21 %     3.62 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
Unit Value
  $ 10.345302     $ 3.189306     $ 5.873650     $ 5.012113       n/a       n/a     $ 8.576221     $ 5.025586       n/a     $ 7.818485  
Total Return *
    -0.19 %     -41.46 %     -33.72 %     -50.82 %     n/a       n/a       16.18 %***     -52.15 %     n/a       -25.93 %
Ratio of Expenses **
    3.82 %     3.06 %     3.595 %     2.92 %     n/a       n/a       2.46 %     3.10 %     n/a       3.62 %
 
*
Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio. The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented. Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**
Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated. The ratios include only those expenses that result in a direct reduction to unit values. Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
   
(a)
Commencement of operations October 6, 2008.
(b)
Commencement of operations September 28, 2009.
(c)
Commencement of operations August 29, 2011.
(d)
Commencement of operations April 30, 2012.
 
 
Page 86

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
   
JNL/MCM
Bond Index
Portfolio
 
JNL/MCM
Communications
Sector Portfolio
 
JNL/MCM
Consumer Brands
Sector Portfolio
 
JNL/MCM
Dow Dividend
Portfolio
 
JNL/MCM Dow
Jones U.S. Contrarian
Opportunities
Index Portfolio(d)
 
JNL/MCM
Emerging Markets
Index Portfolio(c)
 
JNL/MCM
European 30
Portfolio(a)
 
JNL/MCM
Financial
Sector Portfolio
 
JNL/MCM
Global Alpha
Portfolio(b)
 
JNL/MCM
Healthcare
Sector Portfolio
                                                             
Lowest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                             
Unit Value
  $ 15.031760     $ 6.681594     $ 15.518465     $ 7.985981     $ 10.128567     $ 10.531884     $ 11.860954     $ 8.482107     $ 10.282229     $ 15.909183  
Total Return *
    -0.04 %***     -0.81 %***     0.76 %***     10.16 %     6.40 %***     0.73 %***     7.29 %     24.61 %     -0.24 %***     -1.98 %***
Ratio of Expenses **
    1.00 %     1.00 %     1.00 %     1.20 %     1.35 %     1.00 %     1.25 %     1.20 %     0.85 %     1.00 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
Unit Value
  $ 14.509875     $ 5.437031     $ 12.304904     $ 7.249745       n/a     $ 9.038785     $ 11.055224     $ 6.806673     $ 10.451281     $ 13.145097  
Total Return *
    5.98 %     -4.39 %     5.21 %     1.46 %***     n/a       -0.03 %***     -8.50 %     -13.93 %     1.51 %     9.50 %
Ratio of Expenses **
    1.10 %     1.25 %     1.25 %     1.20 %     n/a       1.35 %     1.25 %     1.20 %     1.35 %     1.25 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
Unit Value
  $ 13.690850     $ 5.686513     $ 11.695318     $ 6.919764       n/a       n/a     $ 12.082548     $ 7.907944     $ 10.296112     $ 12.004152  
Total Return *
    4.72 %     21.01 %     21.23 %     10.66 %     n/a       n/a       0.87 %     12.13 %     4.57 %     2.59 %
Ratio of Expenses **
    1.10 %     1.25 %     1.25 %     1.25 %     n/a       n/a       1.25 %     1.20 %     1.35 %     1.25 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
Unit Value
  $ 13.074377     $ 4.699190     $ 9.647037     $ 6.253416       n/a       n/a     $ 11.978916     $ 7.052330     $ 9.845736     $ 11.701635  
Total Return *
    4.59 %     24.03 %     31.49 %     18.76 %     n/a       n/a       14.71 %***     17.20 %     -0.82 %***     19.47 %
Ratio of Expenses **
    1.10 %     1.25 %     1.25 %     1.25 %     n/a       n/a       1.25 %     1.20 %     1.35 %     1.25 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
Unit Value
  $ 12.500500     $ 3.788673     $ 7.336631     $ 5.265477       n/a       n/a     $ 8.598569     $ 6.017266       n/a     $ 9.794926  
Total Return *
    2.56 %     -40.39 %     -32.14 %     -49.99 %     n/a       n/a       9.77 %***     -45.11 %***     n/a       -24.16 %
Ratio of Expenses **
    1.10 %     1.25 %     1.25 %     1.25 %     n/a       n/a       1.35 %     1.20 %     n/a       1.25 %
 
*
Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio. The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented. Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**
Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated. The ratios include only those expenses that result in a direct reduction to unit values. Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
   
(a)
Commencement of operations October 6, 2008.
(b)
Commencement of operations September 28, 2009.
(c)
Commencement of operations August 29, 2011.
(d)
Commencement of operations April 30, 2012.
 
 
Page 87

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
   
JNL/MCM
Bond Index
Portfolio
 
JNL/MCM
Communications
Sector Portfolio
 
JNL/MCM
Consumer Brands
Sector Portfolio
 
JNL/MCM
Dow Dividend
Portfolio
 
JNL/MCM Dow
Jones U.S. Contrarian
Opportunities
Index Portfolio(d)
 
JNL/MCM
Emerging Markets
Index Portfolio(c)
 
JNL/MCM
European 30
Portfolio(a)
 
JNL/MCM
Financial
Sector Portfolio
 
JNL/MCM
Global Alpha
Portfolio(b)
 
JNL/MCM
Healthcare
Sector Portfolio
                                                             
Portfolio data
                                                           
Period ended December 31, 2012
                                                           
                                                             
Net Assets (in thousands)
  $ 32,939     $ 10,005     $ 12,972     $ 29,352     $ 433     $ 8,491     $ 1,887     $ 19,350     $ 2,444     $ 27,339  
Units Outstanding (in thousands)
    2,345       1,611       906       3,783       43       812       161       2,433       242       1,865  
Investment Income Ratio *
    2.34 %     3.49 %     0.57 %     3.04 %     0.00 %     0.04 %     3.62 %     1.05 %     0.00 %     0.88 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
Net Assets (in thousands)
  $ 28,141     $ 6,054     $ 5,465     $ 21,637       n/a     $ 113     $ 1,492     $ 9,654     $ 2,092     $ 18,150  
Units Outstanding (in thousands)
    2,044       1,182       463       3,067       n/a       13       137       1,509       201       1,449  
Investment Income Ratio *
    3.03 %     3.27 %     0.56 %     3.16 %     n/a       0.00 %     2.08 %     0.69 %     0.95 %     0.94 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
Net Assets (in thousands)
  $ 22,461     $ 4,063     $ 3,220     $ 17,318       n/a       n/a     $ 1,306     $ 9,304     $ 917     $ 11,108  
Units Outstanding (in thousands)
    1,725       746       287       2,558       n/a       n/a       109       1,247       89       971  
Investment Income Ratio *
    2.69 %     3.28 %     0.49 %     3.09 %     n/a       n/a       0.07 %     1.31 %     0.00 %     1.16 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
Net Assets (in thousands)
  $ 18,998     $ 1,568     $ 1,673     $ 13,360       n/a       n/a     $ 930     $ 6,988     $ 114     $ 8,822  
Units Outstanding (in thousands)
    1,527       346       182       2,177       n/a       n/a       78       1,049       12       793  
Investment Income Ratio *
    2.67 %     4.72 %     0.66 %     7.65 %     n/a       n/a       6.05 %     1.90 %     0.00 %     1.48 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
Net Assets (in thousands)
  $ 19,683     $ 1,047     $ 1,088     $ 9,598       n/a       n/a     $ 23     $ 3,204       n/a     $ 8,686  
Units Outstanding (in thousands)
    1,652       285       155       1,851       n/a       n/a       3       566       n/a       937  
Investment Income Ratio *
    4.16 %     3.49 %     0.37 %     0.39 %     n/a       n/a       0.59 %     1.69 %     n/a       1.03 %
 
*
These amounts represent the dividends, excluding distributions of capital gains, received by the Portfolio from the underlying Fund divided by the average net assets. In some instances, the investment income ratio may be rounded to 0.00% even though the Portfolio received dividend income from the underlying Fund.
   
(a)
Commencement of operations October 6, 2008.
(b)
Commencement of operations September 28, 2009.
(c)
Commencement of operations August 29, 2011.
(d)
Commencement of operations April 30, 2012.
 
 
Page 88

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
   
JNL/MCM
Index 5
Portfolio
 
JNL/MCM
International
Index Portfolio
 
JNL/MCM
JNL 5
Portfolio
 
JNL/MCM
JNL Optimized
5 Portfolio
 
JNL/MCM
Nasdaq 25
Portfolio
 
JNL/MCM
NYSE International
25 Portfolio
 
JNL/MCM
Oil & Gas
Sector Portfolio
 
JNL/MCM
Pacific Rim 30
Portfolio(a)
 
JNL/MCM
S&P 24
Portfolio
 
JNL/MCM
S&P 400 MidCap
Index Portfolio
                                                             
Highest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                             
Unit Value
  $ 9.732936     $ 11.954577     $ 10.687935     $ 8.793140     $ 11.932755     $ 6.443828     $ 24.570833     $ 13.152889     $ 10.092357     $ 14.480131  
Total Return *
    10.92 %     13.58 %     14.13 %     10.98 %     16.32 %     8.80 %     0.58 %     8.96 %     8.55 %     12.84 %
Ratio of Expenses **
    2.695 %     3.82 %     3.36 %     2.95 %     2.82 %     2.61 %     3.67 %     2.77 %     2.695 %     3.82 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
Unit Value
  $ 8.774960     $ 10.525030     $ 9.364430     $ 7.923453     $ 10.258367     $ 5.922364     $ 24.429425     $ 12.071817     $ 9.297026     $ 12.832940  
Total Return *
    -4.68 %***     -15.54 %     -5.30 %     -12.46 %     -0.84 %     -25.82 %     -0.44 %     -4.55 %     2.13 %***     -5.80 %
Ratio of Expenses **
    2.695 %     3.82 %     3.36 %     2.95 %     2.82 %     2.61 %     3.67 %     2.77 %     2.695 %     3.82 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
Unit Value
  $ 9.205757     $ 12.461897     $ 9.888075     $ 9.050921     $ 10.345784     $ 7.983385     $ 24.537470     $ 12.646784     $ 9.103383     $ 13.623110  
Total Return *
    12.70 %     2.81 %     13.24 %     10.36 %     13.94 %     -0.37 %     14.82 %     2.81 %***     13.46 %     21.12 %
Ratio of Expenses **
    2.695 %     3.82 %     3.36 %     2.95 %     2.82 %     2.61 %     3.67 %     2.77 %     2.695 %     3.82 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
Unit Value
  $ 8.168040     $ 12.121486     $ 8.732037     $ 8.200923     $ 9.079936     $ 8.013086     $ 21.371032     $ 11.581197     $ 8.023137     $ 11.247860  
Total Return *
    21.83 %     24.44 %     20.03 %     33.72 %     30.38 %     32.54 %     15.76 %     -1.43 %***     15.68 %     32.86 %
Ratio of Expenses **
    2.695 %     3.82 %     3.36 %     2.95 %     2.82 %     2.61 %     3.67 %     2.32 %     2.695 %     3.82 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
Unit Value
  $ 6.704217     $ 9.741185     $ 7.274603     $ 6.132935     $ 6.964356     $ 6.045943     $ 18.461967     $ 9.557205     $ 6.935855     $ 8.465989  
Total Return *
    -31.73 %     -45.06 %     -44.44 %     -47.65 %     -43.14 %     -47.32 %     -40.10 %     15.95 %***     -26.69 %***     -39.92 %
Ratio of Expenses **
    2.695 %     3.82 %     3.36 %     2.95 %     2.82 %     2.61 %     3.67 %     1.90 %     2.695 %     3.82 %
 
*
Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio. The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented. Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**
Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated. The ratios include only those expenses that result in a direct reduction to unit values. Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
   
(a)
Commencement of operations October 6, 2008.
 
 
Page 89

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
   
JNL/MCM
Index 5
Portfolio
 
JNL/MCM
International
Index Portfolio
 
JNL/MCM
JNL 5
Portfolio
 
JNL/MCM
JNL Optimized
5 Portfolio
 
JNL/MCM
Nasdaq 25
Portfolio
 
JNL/MCM
NYSE International
25 Portfolio
 
JNL/MCM
Oil & Gas
Sector Portfolio
 
JNL/MCM
Pacific Rim 30
Portfolio(a)
 
JNL/MCM
S&P 24
Portfolio
 
JNL/MCM
S&P 400 MidCap
Index Portfolio
                                                             
Lowest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                             
Unit Value
  $ 10.504460     $ 16.283294     $ 12.770439     $ 9.881606     $ 13.863086     $ 6.961858     $ 35.236162     $ 14.176473     $ 11.040021     $ 19.723854  
Total Return *
    12.42 %     2.01 %***     16.63 %     12.94 %     -1.45 %***     10.33 %     -3.63 %***     0.31 %***     10.03 %     3.32 %***
Ratio of Expenses **
    1.35 %     1.00 %     1.20 %     1.20 %     1.00 %     1.25 %     1.00 %     1.00 %     1.35 %     1.00 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
Unit Value
  $ 9.343671     $ 13.662299     $ 10.949320     $ 8.749376     $ 11.534623     $ 6.309939     $ 33.267572     $ 12.679823     $ 10.033768     $ 16.658478  
Total Return *
    -3.39 %     -13.31 %     -3.23 %     -10.92 %     0.77 %     -24.80 %     2.04 %     -3.09 %     3.51 %     -3.31 %
Ratio of Expenses **
    1.35 %     1.20 %     1.20 %     1.20 %     1.20 %     1.25 %     1.20 %     1.25 %     1.35 %     1.20 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
Unit Value
  $ 9.671778     $ 15.759270     $ 11.315208     $ 9.821450     $ 11.446489     $ 8.391196     $ 32.601597     $ 13.084010     $ 9.693872     $ 17.228089  
Total Return *
    14.23 %     5.54 %     15.71 %     12.31 %     15.80 %     0.99 %     17.69 %     11.49 %     15.00 %     24.33 %
Ratio of Expenses **
    1.35 %     1.20 %     1.20 %     1.20 %     1.20 %     1.25 %     1.20 %     1.25 %     1.35 %     1.20 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
Unit Value
  $ 8.466867     $ 14.932353     $ 9.778792     $ 8.744697     $ 9.884589     $ 8.309309     $ 27.701731     $ 11.735522     $ 8.429408     $ 13.856434  
Total Return *
    23.48 %     27.74 %     22.66 %     36.08 %     32.51 %     -9.47 %***     18.65 %     6.47 %***     17.24 %     36.39 %
Ratio of Expenses **
    1.35 %     1.20 %     1.20 %     1.20 %     1.20 %     1.25 %     1.20 %     1.25 %     1.35 %     1.20 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
Unit Value
  $ 6.856637     $ 11.689743     $ 7.972541     $ 6.426124     $ 7.459688     $ 6.174597     $ 23.347075     $ 9.563759     $ 7.189709     $ 10.159610  
Total Return *
    -30.81 %     -43.60 %     -43.22 %     -39.81 %***     -33.11 %***     -46.66 %     -38.60 %     7.51 %***     -33.63 %     -38.33 %
Ratio of Expenses **
    1.35 %     1.20 %     1.20 %     1.20 %     1.20 %     1.35 %     1.20 %     1.60 %     1.35 %     1.20 %
 
*
Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio. The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented. Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**
Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated. The ratios include only those expenses that result in a direct reduction to unit values. Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
   
(a)
Commencement of operations October 6, 2008.
 
 
Page 90

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
   
JNL/MCM
Index 5
Portfolio
 
JNL/MCM
International
Index Portfolio
 
JNL/MCM
JNL 5
Portfolio
 
JNL/MCM
JNL Optimized
5 Portfolio
 
JNL/MCM
Nasdaq 25
Portfolio
 
JNL/MCM
NYSE International
25 Portfolio
 
JNL/MCM
Oil & Gas
Sector Portfolio
 
JNL/MCM
Pacific Rim 30
Portfolio(a)
 
JNL/MCM
S&P 24
Portfolio
 
JNL/MCM
S&P 400 MidCap
Index Portfolio
                                                             
Portfolio data
                                                           
Period ended December 31, 2012
                                                           
                                                             
Net Assets (in thousands)
  $ 50,449     $ 36,273     $ 229,094     $ 31,818     $ 14,651     $ 5,791     $ 46,921     $ 4,074     $ 2,337     $ 40,766  
Units Outstanding (in thousands)
    4,879       2,387       18,622       3,322       1,112       854       1,450       294       215       2,206  
Investment Income Ratio *
    1.50 %     2.69 %     2.89 %     2.82 %     0.27 %     3.86 %     1.13 %     1.92 %     0.48 %     1.00 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
Net Assets (in thousands)
  $ 42,884     $ 31,357     $ 224,788     $ 30,661     $ 6,906     $ 5,244     $ 40,885     $ 3,212     $ 2,306     $ 35,429  
Units Outstanding (in thousands)
    4,652       2,402       21,250       3,601       620       850       1,302       256       233       2,218  
Investment Income Ratio *
    1.11 %     2.64 %     3.20 %     1.89 %     0.53 %     2.39 %     0.77 %     1.44 %     0.52 %     0.63 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
Net Assets (in thousands)
  $ 29,867     $ 34,076     $ 255,347     $ 33,786     $ 5,545     $ 6,020     $ 30,493     $ 3,376     $ 1,552     $ 35,871  
Units Outstanding (in thousands)
    3,123       2,261       23,279       3,516       501       730       994       260       163       2,175  
Investment Income Ratio *
    1.02 %     1.93 %     2.06 %     2.13 %     0.21 %     2.23 %     1.09 %     0.00 %     0.34 %     0.70 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
Net Assets (in thousands)
  $ 23,007     $ 32,115     $ 249,705     $ 26,986     $ 4,233     $ 5,157     $ 20,183     $ 850     $ 977     $ 24,246  
Units Outstanding (in thousands)
    2,742       2,238       26,219       3,139       441       629       772       73       118       1,820  
Investment Income Ratio *
    1.37 %     2.70 %     3.68 %     2.95 %     0.00 %     5.16 %     1.05 %     3.01 %     0.09 %     1.18 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
Net Assets (in thousands)
  $ 4,148     $ 22,887     $ 219,942     $ 16,995     $ 2,841     $ 3,077     $ 13,205     $ 26     $ 6,139     $ 19,157  
Units Outstanding (in thousands)
    608       2,030       28,207       2,678       391       501       599       3       875       1,964  
Investment Income Ratio *
    1.32 %     1.79 %     2.19 %     0.01 %     0.03 %     0.01 %     0.58 %     0.00 %     0.00 %     1.09 %
 
*
These amounts represent the dividends, excluding distributions of capital gains, received by the Portfolio from the underlying Fund divided by the average net assets. In some instances, the investment income ratio may be rounded to 0.00% even though the Portfolio received dividend income from the underlying Fund.
   
(a)
Commencement of operations October 6, 2008.
 
 
Page 91

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
   
JNL/MCM
S&P 500
Index Portfolio
 
JNL/MCM
S&P SMid
60 Portfolio
 
JNL/MCM
Select Small-Cap
Portfolio
 
JNL/MCM
Small Cap
Index Portfolio
 
JNL/MCM
Technology
Sector Portfolio
 
JNL/MCM
Value Line 30
Portfolio
 
JNL/MCM
VIP Portfolio
 
JNL/Morgan
Stanley Mid
Cap Growth
Portfolio(a)
 
JNL/Neuberger
Berman
Strategic Income
Portfolio(a)
 
JNL/
Oppenheimer
Global Growth
Portfolio
                                                             
Highest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                             
Unit Value
  $ 9.557977     $ 10.898391     $ 11.518951     $ 12.577766     $ 6.033679     $ 8.825143     $ 10.408229     $ 9.430240     $ 10.378186     $ 12.087946  
Total Return *
    11.04 %     10.70 %     12.06 %     11.53 %     7.83 %     5.55 %     8.75 %     3.41 %***     4.46 %***     16.62 %
Ratio of Expenses **
    3.82 %     2.80 %     3.36 %     3.82 %     3.10 %     3.36 %     3.06 %     2.45 %     2.31 %     3.30 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
Unit Value
  $ 8.607958     $ 9.845349     $ 10.279034     $ 11.277101     $ 5.595727     $ 8.361326     $ 9.570563       n/a       n/a     $ 10.365544  
Total Return *
    -2.32 %     -10.26 %     -1.98 %     -7.92 %     -3.36 %     -25.52 %     -6.56 %     n/a       n/a       -11.19 %
Ratio of Expenses **
    3.82 %     2.80 %     3.36 %     3.82 %     3.10 %     3.36 %     3.06 %     n/a       n/a       3.30 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
Unit Value
  $ 8.812777     $ 10.970531     $ 10.486936     $ 12.246469     $ 5.790370     $ 11.226452     $ 10.242365       n/a       n/a     $ 11.671742  
Total Return *
    10.15 %     17.43 %     11.43 %     21.59 %     8.69 %     18.41 %     11.84 %     n/a       n/a       11.63 %
Ratio of Expenses **
    3.82 %     2.80 %     3.36 %     3.82 %     3.10 %     3.36 %     3.06 %     n/a       n/a       3.30 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
Unit Value
  $ 8.000841     $ 9.342505     $ 9.411601     $ 10.072059     $ 5.327626     $ 9.481303     $ 9.158067       n/a       n/a     $ 10.455341  
Total Return *
    21.25 %     57.13 %     1.43 %     22.60 %     58.82 %     10.89 %     20.21 %     n/a       n/a       34.90 %
Ratio of Expenses **
    3.82 %     2.80 %     3.36 %     3.82 %     3.10 %     3.36 %     3.06 %     n/a       n/a       3.30 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
Unit Value
  $ 6.598750     $ 5.945811     $ 9.279117     $ 8.215282     $ 3.354513     $ 8.549882     $ 7.618122       n/a       n/a     $ 7.750635  
Total Return *
    -39.98 %     -32.15 %     -42.04 %     -37.37 %     -45.15 %     -49.18 %     -44.51 %     n/a       n/a       -42.78 %
Ratio of Expenses **
    3.82 %     2.80 %     3.36 %     3.82 %     3.10 %     3.36 %     3.06 %     n/a       n/a       3.30 %
 
*
Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio. The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented. Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**
Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated. The ratios include only those expenses that result in a direct reduction to unit values. Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
   
(a)
Commencement of operations April 30, 2012.
 
 
Page 92

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
   
JNL/MCM
S&P 500
Index Portfolio
 
JNL/MCM
S&P SMid
60 Portfolio
 
JNL/MCM
Select Small-Cap
Portfolio
 
JNL/MCM
Small Cap
Index Portfolio
 
JNL/MCM
Technology
Sector Portfolio
 
JNL/MCM
Value Line 30
Portfolio
 
JNL/MCM
VIP Portfolio
 
JNL/Morgan
Stanley Mid
Cap Growth
Portfolio(a)
 
JNL/Neuberger
Berman
Strategic Income
Portfolio(a)
 
JNL/
Oppenheimer
Global Growth
Portfolio
                                                             
Lowest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                             
Unit Value
  $ 13.018981     $ 12.068857     $ 15.419966     $ 17.132383     $ 8.007603     $ 10.544705     $ 12.082783     $ 9.500450     $ 10.445070     $ 15.626425  
Total Return *
    -1.54 %***     3.64 %***     14.52 %     1.32 %***     -5.30 %***     7.86 %     10.74 %     3.94 %***     0.81 %***     19.22 %
Ratio of Expenses **
    1.00 %     1.00 %     1.20 %     1.00 %     1.00 %     1.20 %     1.25 %     1.35 %     1.35 %     1.10 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
Unit Value
  $ 11.285867     $ 10.583722     $ 13.465318     $ 14.638349     $ 7.052998     $ 9.776439     $ 10.910497       n/a       n/a     $ 13.107449  
Total Return *
    0.36 %     -8.86 %     0.15 %     -5.48 %     -1.56 %     -23.90 %     -4.86 %     n/a       n/a       -9.22 %
Ratio of Expenses **
    1.10 %     1.25 %     1.20 %     1.20 %     1.25 %     1.20 %     1.25 %     n/a       n/a       1.10 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
Unit Value
  $ 11.245180     $ 11.612498     $ 13.444909     $ 15.486630     $ 7.164897     $ 12.846735     $ 11.467586       n/a       n/a     $ 14.438869  
Total Return *
    13.19 %     19.26 %     13.86 %     24.82 %     10.71 %     20.99 %     13.88 %     n/a       n/a       14.12 %
Ratio of Expenses **
    1.10 %     1.25 %     1.20 %     1.20 %     1.25 %     1.20 %     1.25 %     n/a       n/a       1.10 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
Unit Value
  $ 9.935174     $ 9.737114     $ 11.808406     $ 12.407508     $ 6.471498     $ 10.617842     $ 10.069636       n/a       n/a     $ 12.652627  
Total Return *
    24.59 %     21.01 %***     4.40 %***     25.86 %     61.78 %     13.32 %     22.41 %     n/a       n/a       37.90 %
Ratio of Expenses **
    1.10 %     1.25 %     1.20 %     1.20 %     1.25 %     1.20 %     1.25 %     n/a       n/a       1.10 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
Unit Value
  $ 7.974214     $ 6.091650     $ 11.339771     $ 9.858535     $ 4.000061     $ 9.370137     $ 8.226249       n/a       n/a     $ 9.175389  
Total Return *
    -38.32 %     -31.15 %     -40.80 %     -35.71 %     -44.12 %     -48.07 %     -43.50 %     n/a       n/a       -41.51 %
Ratio of Expenses **
    1.10 %     1.35 %     1.25 %     1.20 %     1.25 %     1.20 %     1.25 %     n/a       n/a       1.10 %
 
*
Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio. The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented. Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**
Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated. The ratios include only those expenses that result in a direct reduction to unit values. Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
   
(a)
Commencement of operations April 30, 2012.
 
 
Page 93

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
   
JNL/MCM
S&P 500
Index Portfolio
 
JNL/MCM
S&P SMid
60 Portfolio
 
JNL/MCM
Select Small-Cap
Portfolio
 
JNL/MCM
Small Cap
Index Portfolio
 
JNL/MCM
Technology
Sector Portfolio
 
JNL/MCM
Value Line 30
Portfolio
 
JNL/MCM
VIP Portfolio
 
JNL/Morgan
Stanley Mid
Cap Growth
Portfolio(a)
 
JNL/Neuberger
Berman
Strategic Income
Portfolio(a)
 
JNL/
Oppenheimer
Global Growth
Portfolio
                                                             
Portfolio data
                                                           
Period ended December 31, 2012
                                                           
                                                             
Net Assets (in thousands)
  $ 123,527     $ 6,871     $ 8,647     $ 34,922     $ 32,856     $ 23,652     $ 12,771     $ 702     $ 3,680     $ 32,152  
Units Outstanding (in thousands)
    10,096       590       591       2,178       4,470       2,333       1,095       74       353       2,182  
Investment Income Ratio *
    1.66 %     0.67 %     0.16 %     1.66 %     0.28 %     0.06 %     2.13 %     0.76 %     0.00 %     1.06 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
Net Assets (in thousands)
  $ 95,155     $ 11,333     $ 7,412     $ 29,344     $ 20,787     $ 29,159     $ 11,393       n/a       n/a     $ 25,541  
Units Outstanding (in thousands)
    8,847       1,090       583       2,094       3,099       3,089       1,080       n/a       n/a       2,059  
Investment Income Ratio *
    2.17 %     0.75 %     1.09 %     0.78 %     0.18 %     0.00 %     1.36 %     n/a       n/a       0.64 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
Net Assets (in thousands)
  $ 65,928     $ 11,167     $ 8,068     $ 31,066     $ 19,317     $ 31,854     $ 11,905       n/a       n/a     $ 21,462  
Units Outstanding (in thousands)
    6,112       977       639       2,092       2,843       2,564       1,069       n/a       n/a       1,570  
Investment Income Ratio *
    1.42 %     0.09 %     0.52 %     0.65 %     0.14 %     0.59 %     2.35 %     n/a       n/a       0.84 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
Net Assets (in thousands)
  $ 45,164     $ 9,384     $ 6,319     $ 25,412     $ 20,520     $ 29,692     $ 11,754       n/a       n/a     $ 15,773  
Units Outstanding (in thousands)
    4,736       976       572       2,128       3,339       2,880       1,196       n/a       n/a       1,314  
Investment Income Ratio *
    1.67 %     1.10 %     1.07 %     0.82 %     0.12 %     0.13 %     1.81 %     n/a       n/a       1.61 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
Net Assets (in thousands)
  $ 25,662     $ 4,163     $ 4,986     $ 18,450     $ 2,878     $ 33,476     $ 10,219       n/a       n/a     $ 9,571  
Units Outstanding (in thousands)
    3,354       689       473       1,941       758       3,670       1,268       n/a       n/a       1,098  
Investment Income Ratio *
    1.57 %     0.03 %     0.29 %     1.38 %     0.02 %     0.32 %     1.51 %     n/a       n/a       1.38 %
 
*
These amounts represent the dividends, excluding distributions of capital gains, received by the Portfolio from the underlying Fund divided by the average net assets. In some instances, the investment income ratio may be rounded to 0.00% even though the Portfolio received dividend income from the underlying Fund.
   
(a)
Commencement of operations April 30, 2012.
 
 
Page 94

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
    
JNL/PIMCO
Real Return
Portfolio
 
JNL/PIMCO
Total Return
Bond Portfolio
 
JNL/PPM
America Floating
Rate Income
Portfolio
 
JNL/
PPM America
High Yield
Bond Portfolio
 
JNL/
PPM America
Mid Cap Value
Portfolio(a)
 
JNL/
PPM America
Small Cap Value
Portfolio(a)
 
JNL/
PPM America
Value Equity
Portfolio
 
JNL/
Red Rocks Listed
Private Equity
Portfolio(b)
 
JNL/S&P 4
Portfolio
 
JNL/S&P
Competitive
Advantage
Portfolio
                                                             
Highest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                                                 
    Unit Value
  $ 13.725632     $ 13.745677     $ 10.264129     $ 14.539145     $ 10.287545     $ 10.532033     $ 13.171132     $ 10.076497     $ 11.610352     $ 12.843302  
    Total Return *
    5.30 %     3.84 %     2.69 %***     13.22 %     13.24 %     16.65 %     11.54 %     26.89 %     12.84 %     13.60 %
    Ratio of Expenses **
    2.92 %     4.00 %     2.81 %     3.06 %     2.77 %     2.56 %     3.62 %     2.62 %     2.95 %     2.62 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
    Unit Value
  $ 13.034508     $ 13.237441     $ 9.813265     $ 12.840972     $ 9.084554     $ 9.028677     $ 11.808634     $ 7.941350     $ 10.288829     $ 11.305556  
    Total Return *
    8.51 %     0.73 %     3.29 %***     1.52 %     -9.93 %     -10.34 %     -8.62 %     -20.08 %     2.80 %     7.68 %
    Ratio of Expenses **
    2.92 %     4.00 %     2.595 %     3.06 %     2.77 %     2.56 %     3.62 %     2.62 %     2.95 %     2.62 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
    Unit Value
  $ 12.012545     $ 13.141741       n/a     $ 12.648094     $ 10.086549     $ 10.070203     $ 12.922995     $ 9.937014     $ 10.008757     $ 10.499543  
    Total Return *
    4.62 %     3.35 %     n/a       12.15 %     14.61 %***     24.48 %     13.28 %     23.05 %***     10.49 %***     9.71 %
    Ratio of Expenses **
    2.92 %     4.00 %     n/a       3.06 %     2.77 %     2.56 %     3.62 %     2.62 %     2.95 %     2.62 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
    Unit Value
  $ 11.481733     $ 12.715484       n/a     $ 11.278177     $ 8.032651     $ 8.089606     $ 11.407772     $ 8.083713     $ 9.084017     $ 9.570035  
    Total Return *
    13.87 %     10.93 %     n/a       41.89 %     43.66 %     30.59 %     39.44 %     27.38 %***     37.90 %     19.06 %***
    Ratio of Expenses **
    2.92 %     4.00 %     n/a       3.06 %     2.56 %     2.56 %     3.62 %     2.56 %     2.82 %     2.62 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
    Unit Value
  $ 10.083121     $ 11.462899       n/a     $ 7.948482     $ 5.591445     $ 6.194830     $ 8.181282     $ 5.911761     $ 6.587250     $ 6.824072  
    Total Return *
    -8.65 %***     -3.54 %     n/a       -32.84 %     -47.33 %***     -41.04 %***     -49.09 %     -20.15 %***     -28.12 %***     -29.32 %***
    Ratio of Expenses **
    2.92 %     4.00 %     n/a       3.06 %     2.56 %     2.56 %     3.62 %     2.32 %     2.82 %     2.46 %
 
*
Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio. The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented. Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**
Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated. The ratios include only those expenses that result in a direct reduction to unit values. Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
   
(a)
Commencement of operations March 31, 2008.
(b)
Commencement of operations October 6, 2008.
 
 
Page 95

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
   
JNL/PIMCO
Real Return
Portfolio
 
JNL/PIMCO
Total Return
Bond Portfolio
 
JNL/PPM
America Floating
Rate Income
Portfolio
 
JNL/
PPM America
High Yield
Bond Portfolio
 
JNL/
PPM America
Mid Cap Value
Portfolio(a)
 
JNL/
PPM America
Small Cap Value
Portfolio(a)
 
JNL/
PPM America
Value Equity
Portfolio
 
JNL/
Red Rocks Listed
Private Equity
Portfolio(b)
 
JNL/S&P 4
Portfolio
 
JNL/S&P
Competitive
Advantage
Portfolio
                                                             
Lowest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                                                 
    Unit Value
  $ 15.388594     $ 21.452391     $ 10.642622     $ 19.736528     $ 11.190626     $ 11.234940     $ 20.023195     $ 10.861067     $ 12.819083     $ 13.769500  
    Total Return *
    6.33 %***     0.53 %***     1.40 %***     10.16 %***     6.15 %***     18.25 %***     14.22 %     20.39 %***     -0.52 %***     15.17 %
    Ratio of Expenses **
    1.00 %     1.00 %     1.00 %     1.00 %     1.00 %     1.20 %     1.25 %     0.85 %     1.00 %     1.25 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
    Unit Value
  $ 14.193702     $ 19.772736     $ 9.950207     $ 16.850240     $ 9.581893     $ 9.483068     $ 17.530227     $ 8.301161     $ 11.049760     $ 11.955476  
    Total Return *
    10.38 %     3.68 %     -0.95 %***     3.53 %     -8.65 %     -9.16 %***     -6.44 %     -23.94 %***     4.61 %     9.16 %
    Ratio of Expenses **
    1.20 %     1.10 %     1.20 %     1.10 %     1.35 %     1.25 %     1.25 %     1.25 %     1.20 %     1.25 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
    Unit Value
  $ 12.858377     $ 19.070164       n/a     $ 16.275861     $ 10.489142     $ 10.411098     $ 18.736365     $ 10.223513     $ 10.562974     $ 10.952490  
    Total Return *
    6.44 %     6.39 %     n/a       14.37 %     27.84 %     26.00 %     16.00 %     24.62 %     12.44 %     11.23 %
    Ratio of Expenses **
    1.20 %     1.10 %     n/a       1.10 %     1.35 %     1.35 %     1.25 %     1.35 %     1.20 %     1.25 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
    Unit Value
  $ 12.080609     $ 17.924159       n/a     $ 14.231312     $ 8.204833     $ 8.262864     $ 16.152117     $ 8.203565     $ 9.394582     $ 9.846991  
    Total Return *
    -1.16 %***     14.19 %     n/a       44.70 %     45.41 %     32.18 %     42.78 %     38.45 %     -1.36 %***     42.43 %
    Ratio of Expenses **
    1.20 %     1.10 %     n/a       1.10 %     1.35 %     1.35 %     1.25 %     1.35 %     1.20 %     1.25 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
    Unit Value
  $ 10.418261     $ 15.696593       n/a     $ 9.834823     $ 5.642615     $ 6.251399     $ 11.312423     $ 5.925490     $ 6.699490     $ 6.913687  
    Total Return *
    -4.93 %     -0.70 %     n/a       -31.51 %     -47.13 %***     -40.54 %***     -47.87 %     -24.16 %***     -30.46 %***     -30.28 %
    Ratio of Expenses **
    1.25 %     1.10 %     n/a       1.10 %     1.35 %     1.35 %     1.25 %     1.35 %     1.25 %     1.25 %
 
*
Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio. The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented. Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**
Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated. The ratios include only those expenses that result in a direct reduction to unit values. Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
   
(a)
Commencement of operations March 31, 2008.
(b)
Commencement of operations October 6, 2008.
 
 
Page 96

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
   
JNL/PIMCO
Real Return
Portfolio
 
JNL/PIMCO
Total Return
Bond Portfolio
 
JNL/PPM
America Floating
Rate Income
Portfolio
 
JNL/
PPM America
High Yield
Bond Portfolio
 
JNL/
PPM America
Mid Cap Value
Portfolio(a)
 
JNL/
PPM America
Small Cap Value
Portfolio(a)
 
JNL/
PPM America
Value Equity
Portfolio
 
JNL/
Red Rocks Listed
Private Equity
Portfolio(b)
 
JNL/S&P 4
Portfolio
 
JNL/S&P
Competitive
Advantage
Portfolio
                                                             
Portfolio data
                                                           
Period ended December 31, 2012
                                                           
                                                                                 
    Net Assets (in thousands)
  $ 111,530     $ 259,261     $ 14,170     $ 71,646     $ 5,314     $ 4,598     $ 5,003     $ 12,552     $ 67,214     $ 14,021  
    Units Outstanding (in thousands)
    7,508       13,242       1,348       4,004       488       415       320       1,191       5,399       1,035  
    Investment Income Ratio *
    2.07 %     2.12 %     3.29 %     5.98 %     0.36 %     1.08 %     1.38 %     0.00 %     1.88 %     0.69 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
    Net Assets (in thousands)
  $ 76,215     $ 191,091     $ 5,808     $ 49,959     $ 3,700     $ 3,097     $ 4,165     $ 9,423     $ 53,136     $ 3,763  
    Units Outstanding (in thousands)
    5,478       10,425       586       3,231       390       330       320       1,150       4,885       318  
    Investment Income Ratio *
    0.99 %     3.19 %     0.00 %     7.50 %     0.13 %     0.23 %     1.12 %     9.14 %     4.77 %     0.59 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
    Net Assets (in thousands)
  $ 45,868     $ 155,396       n/a     $ 38,138     $ 2,879     $ 2,589     $ 5,414     $ 5,977     $ 46,655     $ 5,117  
    Units Outstanding (in thousands)
    3,628       8,812       n/a       2,558       276       250       395       588       4,471       474  
    Investment Income Ratio *
    1.65 %     2.46 %     n/a       7.46 %     0.00 %     0.22 %     1.56 %     0.29 %     0.00 %     0.58 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
    Net Assets (in thousands)
  $ 27,003     $ 95,964       n/a     $ 28,838     $ 770     $ 780     $ 3,170     $ 1,654     $ 35,257     $ 11,377  
    Units Outstanding (in thousands)
    2,267       5,847       n/a       2,221       94       95       299       202       3,785       1,169  
    Investment Income Ratio *
    3.10 %     3.55 %     n/a       8.43 %     0.79 %     0.74 %     5.57 %     5.56 %     1.29 %     0.02 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
    Net Assets (in thousands)
  $ 15,786     $ 39,877       n/a     $ 11,560     $ 188     $ 166     $ 2,063     $ 238     $ 9,167     $ 2,164  
    Units Outstanding (in thousands)
    1,530       2,782       n/a       1,306       33       27       305       40       1,374       315  
    Investment Income Ratio *
    1.75 %     4.39 %     n/a       8.74 %     0.98 %     0.49 %     2.45 %     0.99 %     0.01 %     1.26 %
 
*
These amounts represent the dividends, excluding distributions of capital gains, received by the Portfolio from the underlying Fund divided by the average net assets. In some instances, the investment income ratio may be rounded to 0.00% even though the Portfolio received dividend income from the underlying Fund.
   
(a)
Commencement of operations March 31, 2008.
(b)
Commencement of operations October 6, 2008.
 
 
Page 97

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
   
JNL/S&P
Dividend Income
& Growth
Portfolio
 
JNL/S&P
Intrinsic Value
Portfolio
 
JNL/
S&P Managed
Aggressive
Growth Portfolio
 
JNL/
S&P Managed
Conservative
Portfolio
 
JNL/
S&P Managed
Growth Portfolio
 
JNL/
S&P Managed
Moderate
Portfolio
 
JNL/
S&P Managed
Moderate
Growth Portfolio
 
JNL/S&P
Total Yield
Portfolio
 
JNL/T. Rowe
Price Established
Growth Portfolio
 
JNL/T. Rowe
Price Mid-Cap
Growth Portfolio
                                                             
Highest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                             
    Unit Value
  $ 11.741770     $ 12.146108     $ 11.772322     $ 11.550775     $ 11.825962     $ 11.895904     $ 11.988953     $ 10.185716     $ 21.770550     $ 33.706054  
    Total Return *
    9.89 %     11.12 %     11.88 %     5.63 %     11.17 %     7.57 %     9.68 %     18.45 %     14.16 %     9.12 %
    Ratio of Expenses **
    2.61 %     2.645 %     3.47 %     2.92 %     3.67 %     3.06 %     3.62 %     2.81 %     4.00 %     4.00 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
    Unit Value
  $ 10.684731     $ 10.930285     $ 10.522116     $ 10.934617     $ 10.637647     $ 11.058493     $ 10.930358     $ 8.599454     $ 19.069527     $ 30.888728  
    Total Return *
    1.23 %***     3.74 %     -8.03 %     0.16 %     -6.62 %     -2.19 %     -4.77 %     -8.01 %     -5.04 %     -5.31 %
    Ratio of Expenses **
    2.61 %     2.645 %     3.47 %     2.92 %     3.67 %     3.06 %     3.62 %     2.81 %     4.00 %     4.00 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
    Unit Value
  $ 9.769767     $ 10.535984     $ 11.441106     $ 10.916993     $ 11.391867     $ 11.306591     $ 11.477855     $ 9.348699     $ 20.082226     $ 32.621795  
    Total Return *
    13.82 %***     11.41 %     13.09 %     5.57 %     11.93 %     7.95 %     9.16 %     3.18 %***     12.18 %     22.85 %
    Ratio of Expenses **
    2.56 %     2.645 %     3.47 %     2.92 %     3.67 %     3.06 %     3.62 %     2.81 %     4.00 %     4.00 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
    Unit Value
  $ 8.495170     $ 9.457344     $ 10.116666     $ 10.340832     $ 10.177303     $ 10.474041     $ 10.514921     $ 8.799258     $ 17.901009     $ 26.554492  
    Total Return *
    20.47 %     52.93 %     26.58 %     10.26 %     23.45 %     15.05 %     19.07 %     39.41 %     37.87 %     41.08 %
    Ratio of Expenses **
    2.46 %     2.645 %     3.47 %     2.92 %     3.67 %     3.06 %     3.62 %     2.46 %     4.00 %     4.00 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
    Unit Value
  $ 7.051872     $ 6.183952     $ 7.992469     $ 9.378612     $ 8.244253     $ 9.103785     $ 8.831129     $ 6.311926     $ 12.984192     $ 18.822510  
    Total Return *
    -26.05 %***     -27.31 %***     -41.23 %     -16.23 %     -37.69 %     -23.61 %     -30.08 %     -34.62 %***     -45.09 %     -42.97 %
    Ratio of Expenses **
    2.46 %     2.645 %     3.47 %     2.92 %     3.67 %     3.06 %     3.62 %     2.46 %     4.00 %     4.00 %
 
*
Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio. The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented. Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**
Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated. The ratios include only those expenses that result in a direct reduction to unit values. Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
 
 
Page 98

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
   
JNL/S&P
Dividend Income
& Growth
Portfolio
 
JNL/S&P
Intrinsic Value
Portfolio
 
JNL/
S&P Managed
Aggressive
Growth Portfolio
 
JNL/
S&P Managed
Conservative
Portfolio
 
JNL/
S&P Managed
Growth Portfolio
 
JNL/
S&P Managed
Moderate
Portfolio
 
JNL/
S&P Managed
Moderate
Growth Portfolio
 
JNL/S&P
Total Yield
Portfolio
 
JNL/T. Rowe
Price Established
Growth Portfolio
 
JNL/T. Rowe
Price Mid-Cap
Growth Portfolio
                                                             
Lowest expense ratio
                                                           
Period ended December 31, 2012
                                                           
                                                             
    Unit Value
  $ 12.613424     $ 13.040569     $ 16.448262     $ 13.309324     $ 17.017523     $ 13.866156     $ 17.123982     $ 11.053407     $ 36.952947     $ 56.214659  
    Total Return *
    11.46 %     12.69 %     14.46 %     7.47 %     13.96 %     9.60 %***     12.38 %     1.63 %***     10.06 %***     12.34 %
    Ratio of Expenses **
    1.20 %     1.25 %     1.20 %     1.20 %     1.20 %     1.20 %     1.20 %     1.20 %     1.00 %     1.10 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
    Unit Value
  $ 11.316966     $ 11.572214     $ 14.370593     $ 12.383906     $ 14.933032     $ 12.606526     $ 15.237672     $ 9.164285     $ 30.892401     $ 50.039375  
    Total Return *
    11.09 %***     -8.15 %***     -5.93 %***     1.89 %     -4.29 %     -0.41 %     -2.44 %***     -6.57 %     -2.26 %     -2.53 %
    Ratio of Expenses **
    1.20 %     1.25 %     1.20 %     1.20 %     1.20 %     1.25 %     1.20 %     1.25 %     1.10 %     1.10 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
    Unit Value
  $ 10.141014     $ 10.967120     $ 15.182008     $ 12.153673     $ 15.602672     $ 12.658765     $ 15.521078     $ 9.808930     $ 31.605518     $ 51.340354  
    Total Return *
    16.66 %     12.86 %     15.63 %     7.40 %     14.73 %     9.92 %     11.78 %     8.71 %     15.49 %     26.46 %
    Ratio of Expenses **
    1.35 %     1.35 %     1.25 %     1.20 %     1.20 %     1.25 %     1.25 %     1.25 %     1.10 %     1.10 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
    Unit Value
  $ 8.693155     $ 9.717690     $ 13.129751     $ 11.315908     $ 13.599063     $ 11.516303     $ 13.885882     $ 9.022914     $ 27.367367     $ 40.596956  
    Total Return *
    21.81 %     54.93 %     29.42 %     15.33 %***     1.53 %***     17.15 %     21.92 %     41.11 %     41.92 %     45.23 %
    Ratio of Expenses **
    1.35 %     1.35 %     1.25 %     1.20 %     1.20 %     1.25 %     1.25 %     1.25 %     1.10 %     1.10 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
   Unit Value
  $ 7.136553     $ 6.272336     $ 10.145138     $ 10.066931     $ 10.690473     $ 9.830150     $ 11.389116     $ 6.394459     $ 19.283022     $ 27.953583  
   Total Return *
    -26.92 %     -35.26 %***     -39.91 %     -14.82 %     -36.16 %     -22.22 %     -28.40 %     -32.77 %***     -43.47 %     -41.30 %
   Ratio of Expenses **
    1.35 %     1.35 %     1.25 %     1.25 %     1.25 %     1.25 %     1.25 %     1.25 %     1.10 %     1.10 %
 
*
Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio. The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented. Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**
Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated. The ratios include only those expenses that result in a direct reduction to unit values. Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
 
 
Page 99

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
   
JNL/S&P
Dividend Income
& Growth
Portfolio
 
JNL/S&P
Intrinsic Value
Portfolio
 
JNL/
S&P Managed
Aggressive
Growth Portfolio
 
JNL/
S&P Managed
Conservative
Portfolio
 
JNL/
S&P Managed
Growth Portfolio
 
JNL/
S&P Managed
Moderate
Portfolio
 
JNL/
S&P Managed
Moderate
Growth Portfolio
 
JNL/S&P
Total Yield
Portfolio
 
JNL/T. Rowe
Price Established
Growth Portfolio
 
JNL/T. Rowe
Price Mid-Cap
Growth Portfolio
                                                             
Portfolio data
                                                           
Period ended December 31, 2012
                                                           
                                                             
    Net Assets (in thousands)
  $ 55,100     $ 13,731     $ 77,048     $ 146,424     $ 221,040     $ 236,192     $ 325,921     $ 5,496     $ 101,080     $ 95,965  
    Units Outstanding (in thousands)
    4,453       1,071       5,056       11,378       13,768       17,574       20,148       506       3,156       1,902  
    Investment Income Ratio *
    1.77 %     0.78 %     0.92 %     2.50 %     1.21 %     1.85 %     1.50 %     1.07 %     0.00 %     0.21 %
                                                                                 
Period ended December 31, 2011
                                                                               
                                                                                 
    Net Assets (in thousands)
  $ 28,048     $ 15,737     $ 67,978     $ 105,755     $ 184,728     $ 183,032     $ 257,461     $ 3,001     $ 66,027     $ 75,215  
    Units Outstanding (in thousands)
    2,516       1,379       5,126       8,785       13,104       14,882       17,870       332       2,451       1,676  
    Investment Income Ratio *
    1.83 %     1.10 %     0.64 %     2.25 %     0.71 %     1.93 %     1.64 %     1.24 %     0.00 %     0.02 %
                                                                                 
Period ended December 31, 2010
                                                                               
                                                                                 
    Net Assets (in thousands)
  $ 11,457     $ 4,508     $ 69,459     $ 88,159     $ 168,909     $ 146,451     $ 210,716     $ 1,933     $ 54,174     $ 68,198  
    Units Outstanding (in thousands)
    1,136       414       4,957       7,441       11,485       11,837       14,293       199       2,000       1,490  
    Investment Income Ratio *
    1.69 %     0.77 %     0.74 %     2.92 %     1.03 %     2.20 %     1.37 %     1.09 %     0.04 %     0.19 %
                                                                                 
Period ended December 31, 2009
                                                                               
                                                                                 
    Net Assets (in thousands)
  $ 3,914     $ 1,824     $ 53,254     $ 47,358     $ 122,493     $ 87,075     $ 129,482     $ 754     $ 38,909     $ 43,237  
    Units Outstanding (in thousands)
    453       189       4,404       4,287       9,602       7,740       9,880       84       1,719       1,215  
    Investment Income Ratio *
    0.04 %     0.04 %     2.48 %     2.07 %     2.27 %     1.59 %     0.83 %     0.01 %     0.32 %     0.00 %
                                                                                 
Period ended December 31, 2008
                                                                               
                                                                                 
    Net Assets (in thousands)
  $ 1,234     $ 214     $ 35,527     $ 29,567     $ 63,433     $ 43,694     $ 75,924     $ 4,842     $ 20,911     $ 20,335  
    Units Outstanding (in thousands)
    173       34       3,829       2,996       6,345       4,548       7,111       762       1,395       868  
    Investment Income Ratio *
    4.76 %     2.56 %     0.37 %     4.28 %     0.53 %     3.86 %     2.22 %     4.10 %     0.09 %     0.00 %
 
*
These amounts represent the dividends, excluding distributions of capital gains, received by the Portfolio from the underlying Fund divided by the average net assets. In some instances, the investment income ratio may be rounded to 0.00% even though the Portfolio received dividend income from the underlying Fund.
 
 
Page 100

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
   
JNL/T. Rowe
Price Short-Term
Bond Portfolio
   
JNL/T. Rowe
Price Value
Portfolio
   
JNL/UBS
Large Cap
Select Growth
Portfolio
   
JNL/WMC
Balanced
Portfolio
   
JNL/WMC
Money Market
Portfolio
   
JNL/WMC
Value
Portfolio
 
                                     
Highest expense ratio
                                   
Period ended December 31, 2012
                                   
                                     
    Unit Value
  $ 9.694295     $ 12.707361     $ 21.357364     $ 22.649504     $ 9.392217     $ 17.682097  
    Total Return *
    -0.40 %     15.11 %     7.39 %     6.51 %     -3.02 %     12.20 %
    Ratio of Expenses **
    2.81 %     3.595 %     2.95 %     3.30 %     3.06 %     3.62 %
                                                 
Period ended December 31, 2011
                                               
                                                 
    Unit Value
  $ 9.733370     $ 11.039639     $ 19.887664     $ 21.264551     $ 9.684774     $ 15.759197  
    Total Return *
    -1.42 %     -5.52 %***     -2.17 %     -0.07 %     -3.00 %     -5.53 %
    Ratio of Expenses **
    2.81 %     3.595 %     2.95 %     3.30 %     3.06 %     3.62 %
                                                 
Period ended December 31, 2010
                                               
                                                 
    Unit Value
  $ 9.873781     $ 11.685060     $ 20.329402     $ 21.280258     $ 9.984433     $ 16.682091  
    Total Return *
    -1.10 %***     11.80 %     9.40 %     7.23 %     -3.01 %     9.65 %
    Ratio of Expenses **
    2.81 %     3.595 %     2.95 %     3.30 %     3.06 %     3.62 %
                                                 
Period ended December 31, 2009
                                               
                                                 
    Unit Value
  $ 9.897810     $ 10.451914     $ 18.582853     $ 19.845416     $ 10.294710     $ 15.213383  
    Total Return *
    4.03 %***     32.25 %     30.89 %     15.80 %     -2.87 %     19.57 %
    Ratio of Expenses **
    2.72 %     3.595 %     2.95 %     3.30 %     3.06 %     3.62 %
                                                 
Period ended December 31, 2008
                                               
                                                 
    Unit Value
  $ 9.489982     $ 7.903368     $ 14.196883     $ 17.137028     $ 10.598972     $ 12.723152  
    Total Return *
    -6.12 %***     -42.57 %     -42.60 %     -23.30 %     -0.89 %     -35.72 %
    Ratio of Expenses **
    2.56 %     3.595 %     2.95 %     3.30 %     3.06 %     3.62 %
 
*
Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio. The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented. Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**
Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated. The ratios include only those expenses that result in a direct reduction to unit values. Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
 
 
Page 101

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
   
JNL/T. Rowe
Price Short-Term
Bond Portfolio
   
JNL/T. Rowe
Price Value
Portfolio
   
JNL/UBS
Large Cap
Select Growth
Portfolio
   
JNL/WMC
Balanced
Portfolio
   
JNL/WMC
Money Market
Portfolio
   
JNL/WMC
Value
Portfolio
 
                                     
Lowest expense ratio
                                   
Period ended December 31, 2012
                                   
                                     
    Unit Value
  $ 10.938309     $ 17.653107     $ 29.081001     $ 33.979116     $ 13.505871     $ 22.895903  
    Total Return *
    -0.14 %***     10.65 %***     9.29 %     -0.95 %***     -0.56 %***     15.07 %
    Ratio of Expenses **
    1.00 %     1.00 %     1.20 %     1.00 %     1.00 %     1.10 %
                                                 
Period ended December 31, 2011
                                               
                                                 
    Unit Value
  $ 10.663490     $ 14.769881     $ 26.608782     $ 30.154336     $ 13.196508     $ 19.896804  
    Total Return *
    0.17 %***     -3.14 %     -0.45 %     2.04 %     -1.19 %     -3.13 %
    Ratio of Expenses **
    1.20 %     1.10 %     1.20 %     1.20 %     1.20 %     1.10 %
                                                 
Period ended December 31, 2010
                                               
                                                 
    Unit Value
  $ 10.620291     $ 15.249172     $ 26.729247     $ 29.551180     $ 13.354786     $ 20.539277  
    Total Return *
    1.66 %     14.62 %     11.33 %     9.51 %     -1.19 %     12.45 %
    Ratio of Expenses **
    1.25 %     1.10 %     1.20 %     1.20 %     1.20 %     1.10 %
                                                 
Period ended December 31, 2009
                                               
                                                 
    Unit Value
  $ 10.447023     $ 13.303769     $ 24.008993     $ 26.985943     $ 13.516004     $ 18.264828  
    Total Return *
    6.30 %     35.59 %     33.21 %     -0.06 %***     -1.05 %     22.62 %
    Ratio of Expenses **
    1.25 %     1.10 %     1.20 %     1.20 %     1.20 %     1.10 %
                                                 
Period ended December 31, 2008
                                               
                                                 
    Unit Value
  $ 9.827941     $ 9.811921     $ 18.024075     $ 22.665125     $ 13.658998     $ 14.894958  
    Total Return *
    -8.05 %***     -41.12 %     -37.16 %***     -21.71 %     0.97 %     -34.07 %
    Ratio of Expenses **
    1.25 %     1.10 %     1.20 %     1.25 %     1.20 %     1.10 %
 
*
Total return for period indicated, includes changes in the value of the underlying Fund, and reflects deductions for all items included in the expense ratio. The total return does not include any expenses assessed through the redemption of units, inclusion of these expenses in the calculation would result in a reduction in the total return presented. Total return for Portfolios with no assets at period end is calculated based on the total return of the underlying Fund less expenses that are charged directly to that Portfolio of the Separate Account.
**
Annualized contract expenses of Portfolios of the Separate Account, consist primarily of mortality and expense charges, for each period indicated. The ratios include only those expenses that result in a direct reduction to unit values. Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying Funds are excluded.
***
Total return is calculated from the effective date through the end of the reporting period. The effective date is the date when the optional benefit in the variable account was elected by a contract owner.
 
 
Page 102

 
 
JNLNY Separate Account I
Notes to Financial Statements (continued)
 
Note 7 - Financial Highlights (continued)
 
   
JNL/T. Rowe
Price Short-Term
Bond Portfolio
 
JNL/T. Rowe
Price Value
Portfolio
 
JNL/UBS
Large Cap
Select Growth
Portfolio
 
JNL/WMC
Balanced
Portfolio
 
JNL/WMC
Money Market
Portfolio
 
JNL/WMC
Value
Portfolio
                                     
Portfolio data
                                   
Period ended December 31, 2012
                                   
                                     
    Net Assets (in thousands)
  $ 31,283     $ 47,218     $ 24,075     $ 98,608     $ 45,026     $ 27,688  
    Units Outstanding (in thousands)
    2,973       2,883       971       3,212       3,689       1,275  
    Investment Income Ratio *
    1.07 %     1.41 %     0.15 %     1.30 %     0.00 %     2.30 %
                                                 
Period ended December 31, 2011
                                               
                                                 
    Net Assets (in thousands)
  $ 20,001     $ 35,098     $ 21,851     $ 77,021     $ 40,932     $ 22,913  
    Units Outstanding (in thousands)
    1,918       2,523       977       2,739       3,340       1,209  
    Investment Income Ratio *
    1.24 %     1.45 %     0.33 %     1.17 %     0.00 %     1.07 %
                                                 
Period ended December 31, 2010
                                               
                                                 
    Net Assets (in thousands)
  $ 13,770     $ 30,599     $ 20,025     $ 56,078     $ 25,381     $ 19,319  
    Units Outstanding (in thousands)
    1,320       2,126       909       2,045       2,031       984  
    Investment Income Ratio *
    1.46 %     1.04 %     0.26 %     1.44 %     0.00 %     1.03 %
                                                 
Period ended December 31, 2009
                                               
                                                 
    Net Assets (in thousands)
  $ 7,691     $ 24,491     $ 14,962     $ 30,956     $ 24,500     $ 13,294  
    Units Outstanding (in thousands)
    749       1,943       800       1,261       1,961       760  
    Investment Income Ratio *
    4.06 %     1.66 %     0.18 %     3.09 %     0.16 %     1.79 %
                                                 
Period ended December 31, 2008
                                               
                                                 
    Net Assets (in thousands)
  $ 3,960     $ 17,289     $ 6,682     $ 15,324     $ 34,271     $ 8,649  
    Units Outstanding (in thousands)
    409       1,856       557       774       2,740       607  
    Investment Income Ratio *
    4.34 %     1.90 %     0.00 %     2.61 %     2.12 %     0.03 %
 
*
These amounts represent the dividends, excluding distributions of capital gains, received by the Portfolio from the underlying Fund divided by the average net assets. In some instances, the investment income ratio may be rounded to 0.00% even though the Portfolio received dividend income from the underlying Fund.
 
 
Page 103

 
 
 
 
(kpmg logo)
 
 
KPMG LLP
Aon Center
Suite 5500
200 East Randolph Drive
 
 
Report of Independent Registered Public Accounting Firm
 
 
The Board of Directors
Jackson National Life Insurance Company and
    Contract Owners of JNLNY Separate Account I:
 
We have audited the accompanying statements of assets and liabilities of each of the sub-accounts within JNLNY Separate Account I (Separate Account) as set forth herein as of December 31, 2012, and the related statements of operations for the year or period then ended, the statements of changes in net assets for each of the years or periods in the two-year period then ended, and the financial highlights for each of the years or periods in the five-year period then ended. These financial statements and financial highlights are the responsibility of the Separate Account’s management. Our responsibility is to express an opinion on these financial statements and financial highlights based on our audits.
 
We conducted our audits in accordance with the standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements and financial highlights are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. Our procedures included confirmation of securities owned as of December 31, 2012, by correspondence with the transfer agent of the underlying mutual fund and other appropriate auditing procedures. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion.
 
In our opinion, the financial statements and financial highlights referred to above present fairly, in all material respects, the financial position of each sub-account within Jackson National Separate Account I as set forth herein as of December 31, 2012, the results of their operations for the year or period then ended, the changes in their  net assets for each of the years or periods in the two-year period then ended, and the financial highlights for each of the years or periods in the five-year period then ended, in conformity with U.S. generally accepted accounting principles.
 
(KPMG LLP SIGNATURE)
 
Chicago, Illinois
 
 
KPMG   LLP   is  a  Delaware  limited liability partnership,
the U.S. member firm of KPMG International Cooperative
(“KPMG International”), a Swiss entity.
 
 
 
 

 
 
APPENDIX B
 
 
 
 

 


 
 
 

 
 
Jackson National Life Insurance Company of New York

Index to Financial Statements
 

 
    1  
         
         
    2  
         
         
    3  
         
         
    4  
         
         
    5  
         
         
    6  
         
         
    7  
 
 
 

 
 
 
KPMG LLP
Aon Center
Suite 5500
200 East Randolph Drive
 
 
The Board of Directors and Stockholder
Jackson National Life Insurance Company of New York:
 
Report on the Financial Statements
 
We have audited the accompanying financial statements of Jackson National Life Insurance Company of New York (the Company), which comprise the balance sheets as of December 31, 2012 and 2011, and the related income statements, statements of comprehensive income, equity, and cash flows for the years then ended, and the related notes to the financial statements.
 
Management's Responsibility for the Financial Statements
 
Management is responsible for the preparation and fair presentation of these financial statements in accordance with U.S. generally accepted accounting principles; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
 
Auditors’ Responsibility
 
Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America and in accordance with the auditing standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement.
 
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors’ judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements.
 
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.
 
Opinion
 
In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Jackson National Life Insurance Company of New York as of December 31, 2012 and 2011, and the results of their operations and their cash flows for the years then ended in accordance with U.S. generally accepted accounting principles.
 
Emphasis of Matter
 
As discussed in Note 2 to the financial statements, in 2012 the Company has changed its method of accounting for the costs associated with acquiring or renewing insurance contracts due to the retrospective adoption of Accounting Standards Update (ASU) 2010-26: Accounting for Costs Associated with Acquiring or Renewing Insurance Contracts. Our opinion is not modified with respect to this matter.
 
 
   
Chicago, Illinois    
 
KPMG LLP is a Delaware limited liability partnership,
the U.S. member firm of KPMG International Cooperative
(“KPMG International”), a Swiss entity.
 
 
 
 

 
 
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Balance Sheets
(In thousands, except per share information)

 
   
December 31,
 
Assets
 
2012
   
2011
 
Investments:
           
Securities available for sale, at fair value:
           
Fixed maturities (amortized cost: 2012, $1,633,602; 2011, $1,554,182)
  $ 1,810,458     $ 1,666,318  
Trading securities, at fair value
    647       573  
Policy loans
    301       269  
Total investments
    1,811,406       1,667,160  
Cash and cash equivalents
    105,956       73,287  
Accrued investment income
    16,726       17,222  
Deferred acquisition costs
    216,638       227,263  
Deferred sales inducements
    9,617       11,172  
Receivable for securities sold
    -       40,000  
Reinsurance recoverable
    56,079       77,210  
Income taxes receivable from Parent
    62,083       70,527  
Receivable from Parent
    426       285  
Separate account assets
    4,576,989       3,450,977  
Total assets
  $ 6,855,920     $ 5,635,103  
                 
Liabilities and Equity
               
Liabilities
               
Reserves for future policy benefits and claims payable
  $ 108,456     $ 170,173  
Deposits on investment contracts
    1,556,001       1,518,169  
Securities lending payable
    9,622       2,540  
Deferred income taxes, net
    47,555       32,252  
Other liabilities
    30,648       18,523  
Separate account liabilities
    4,576,989       3,450,977  
Total liabilities
    6,329,271       5,192,634  
                 
Equity
               
Common stock, $1,000 par value; 2,000 shares
               
authorized, issued and outstanding
    2,000       2,000  
Additional paid-in capital
    256,000       256,000  
Accumulated other comprehensive income, net of
               
tax of $32,179 in 2012 and $16,030 in 2011
    81,392       51,401  
Retained earnings
    187,257       133,068  
Total stockholder's equity
    526,649       442,469  
Total liabilities and stockholder's equity
  $ 6,855,920     $ 5,635,103  
 
See accompanying Notes to Financial Statements.
 
 
2

 
 
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Income Statements
(In thousands)

 
   
Years Ended December 31,
 
       
2011
   
2010
 
Revenues
                 
Fee income
  $ 110,187     $ 86,921     $ 59,419  
Premium, net of reinsurance
    (7,371 )     (7,769 )     (7,855 )
Net investment income
    80,912       84,154       85,696  
Net realized losses on investments:
                       
Total other-than-temporary impairments
    (7,260 )     (13,103 )     (17,261 )
Portion of other-than-temporary impairments included in
                       
other comprehensive income
    5,095       11,040       7,556  
Net other-than-temporary impairments
    (2,165 )     (2,063 )     (9,705 )
Other investment (losses) gains
    (344 )     860       (6,341 )
Total net realized losses on investments
    (2,509 )     (1,203 )     (16,046 )
Other income
    158       158       155  
Total revenues
    181,377       162,261       121,369  
Benefits and Expenses
                       
Death, other policy benefits and change in policy reserves, net of deferrals
    (35,479 )     68,914       6,114  
Interest credited on deposit liabilities, net of deferrals
    42,517       42,532       40,516  
Operating costs and other expenses, net of deferrals
    51,739       36,214       29,032  
Amortization of deferred acquisition and sales inducement costs
    51,019       6,702       20,903  
Total benefits and expenses
    109,796       154,362       96,565  
Pretax income
    71,581       7,899       24,804  
Income tax expense (benefit)
    17,392       (43 )     5,138  
Net income
  $ 54,189     $ 7,942     $ 19,666  
 
See accompanying Notes to Financial Statements.
 
 
3

 
 
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Statements of Comprehensive Income
(In thousands)

 
   
Years Ended December 31,
 
       
2011
   
2010
 
Net income
  $ 54,189     $ 7,942     $ 19,666  
                         
Other comprehensive income, net of tax:
                       
Net unrealized gains on securities not other-than-temporarily impaired (net of tax expense of: 2012 $17,564; 2011 $15,329; 2010 $15,381)
    32,617       28,466       28,566  
                         
Net unrealized losses on other-than-temporarily impaired securities (net of tax benefit of: 2012 $1,416; 2011 $3,074; 2010 $2,119)
    (2,629 )     (5,708 )     (3,934 )
                         
Reclassification adjustment for (losses) gains included in net income (net of tax expense (benefit) of: 2012 $1; 2011 $(342); 2010 $3,271)
    3       (635 )     6,074  
Total other comprehensive income
    29,991       22,123       30,706  
Comprehensive income
  $ 84,180     $ 30,065     $ 50,372  
 
See accompanying Notes to Financial Statements.
 
 
4

 
 
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Statements of Equity
(In thousands)

 
               
Accumulated
             
         
Additional
   
Other
         
Total
 
   
Common
   
Paid-In
   
Comprehensive
   
Retained
   
Stockholder's
 
   
Stock
   
Capital
   
Income
   
Earnings
   
Equity
 
Balances as of December 31, 2009
  $ 2,000     $ 256,000     $ (1,428 )   $ 105,460     $ 362,032  
Net income
    -       -       -       19,666       19,666  
Change in unrealized investment gains, net of tax
    -       -       30,706       -       30,706  
Balances as of December 31, 2010
    2,000       256,000       29,278       125,126       412,404  
                                         
Net income
    -       -       -       7,942       7,942  
Change in unrealized investment gains, net of tax
    -       -       22,123       -       22,123  
Balances as of December 31, 2011
    2,000       256,000       51,401       133,068       442,469  
                                         
Net income
    -       -       -       54,189       54,189  
Change in unrealized investment gains, net of tax
    -       -       29,991       -       29,991  
Balances as of December 31, 2012
  $ 2,000     $ 256,000     $ 81,392     $ 187,257     $ 526,649  
 
See accompanying Notes to Financial Statements.
 
 
5

 
 
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Statements of Cash Flows
(In thousands)

 
   
Years Ended December 31,
 
       
2011
   
2010
 
Cash flows from operating activities:
                 
Net income
  $ 54,189     $ 7,942     $ 19,666  
Adjustments to reconcile net income to net cash
                       
provided by operating activities:
                       
Net realized losses on investments
    2,509       1,203       16,046  
Interest credited on deposit liabilities, gross
    42,625       42,814       40,921  
Amortization of discount and premium on investments
    (1,065 )     (840 )     459  
Deferred income tax provision
    (845 )     (4,328 )     (2,507 )
Change in:
                       
Accrued investment income
    496       (699 )     (966 )
Deferred sales inducements and acquisition costs
    (6,400 )     (53,782 )     (41,415 )
Trading portfolio activity, net
    (74 )     (142 )     1,710  
Income taxes payable to (receivable from) Parent
    8,444       (5,049 )     (6,726 )
Claims payable
    (3,043 )     7,071       5,454  
Receivable from Parent
    (141 )     2,573       (1,214 )
Other assets and liabilities, net
    9,458       24,741       (461 )
Net cash provided by operating activities
    106,153       21,504       30,967  
                         
Cash flows from investing activities:
                       
Fixed maturities:
                       
Proceeds from sales, maturities and repayments
    211,958       277,120       324,365  
Purchases
    (292,823 )     (299,891 )     (476,419 )
Other investing activities
    7,050       (7,080 )     8,494  
Net cash used in investing activities
    (73,815 )     (29,851 )     (143,560 )
                         
Cash flows from financing activities:
                       
Policyholders' account balances:
                       
Deposits
    1,091,816       1,112,100       1,071,851  
Withdrawals
    (387,958 )     (381,805 )     (302,015 )
Net transfers to separate accounts
    (703,527 )     (737,248 )     (667,382 )
Net cash provided by (used in) financing activities
    331       (6,953 )     102,454  
                         
Net increase (decrease) in cash and cash equivalents
    32,669       (15,300 )     (10,139 )
                         
Cash and cash equivalents, beginning of year
    73,287       88,587       98,726  
Total cash and cash equivalents, end of year
  $ 105,956     $ 73,287     $ 88,587  
                         
Supplemental Cash Flow Information
                       
Income tax paid
  $ 9,794     $ 9,356     $ 14,401  
 
See accompanying Notes to Financial Statements.
 
 
6

 
 
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements
 
1.
Nature of Operations

Jackson National Life Insurance Company of New York, (the “Company” or “Jackson-NY”) is wholly owned by Jackson National Life Insurance Company (“Jackson” or the “Parent”), a wholly owned subsidiary of Brooke Life Insurance Company (“Brooke Life”), which is ultimately a wholly owned subsidiary of Prudential plc (“Prudential”), London, England. Jackson-NY is licensed to sell group and individual annuity products (including immediate annuities, deferred fixed annuities and variable annuities), guaranteed investment contracts and individual life insurance products, including variable universal life, in the states of New York, Delaware and Michigan.

2.
Summary of Significant Accounting Policies

Basis of Presentation
The accompanying financial statements have been prepared in accordance with U.S. generally accepted accounting principles (“GAAP”). In accordance with updated accounting guidance related to deferred acquisition costs, further described below, the Company’s 2011 and 2010 consolidated financial statements have been adjusted to reflect the retrospective adoption of this updated guidance. In 2011, Jackson-NY adopted a revised presentation of the balance sheet and income statement, with prior year amounts being reclassified to conform with the current year presentation with no impact on stockholder’s equity or net income. In addition, certain amounts in the 2011 and 2010 financial statements and notes to the financial statements have been reclassified to conform to the 2012 presentation.
 
The preparation of the financial statements in conformity with GAAP requires the use of estimates and assumptions about future events that affect the amounts reported in the financial statements and the accompanying notes. Significant estimates or assumptions, as further discussed in the notes, include: 1) valuation of investments, including fair values of securities deemed to be in an illiquid market and the determination of when an impairment is other-than-temporary; 2) assumptions impacting future gross profits, including lapse and mortality rates, expenses, investment returns and policy crediting rates, used in the calculation of amortization of deferred acquisition costs and deferred sales inducements; 3) assumptions used in calculating policy reserves and liabilities, including lapse and mortality rates, expenses and investment returns; 4) assumptions as to future earnings levels being sufficient to realize deferred tax benefits; 5) estimates related to liabilities for lawsuits, contingencies and other accruals; and 6) assumptions and estimates associated with the Company’s tax positions which impact the amount of recognized tax benefits recorded by the Company. These estimates and assumptions are based on management’s best estimates and judgments. Management evaluates its estimates and assumptions on an ongoing basis using historical experience and other factors deemed appropriate. As facts and circumstances dictate, these estimates and assumptions may be adjusted. Since future events and their effects cannot be determined with precision, actual results could differ significantly from these estimates. Changes in estimates, including those resulting from continuing changes in the economic environment, will be reflected in the financial statements in the periods the estimates are changed.
 
Changes in Accounting Principles – Adopted in Current Year
In June 2011, the Financial Accounting Standards Board (“FASB”) issued Accounting Standards Update (“ASU”) No. 2011-05, “Presentation of Comprehensive Income,” with an objective of increasing the prominence of items reported in other comprehensive income (“OCI”). This guidance provides entities with the option to present the total of comprehensive income, the components of net income, and the components of OCI either in a single continuous statement of comprehensive income or in two separate but consecutive statements. The Company adopted this guidance effective January 1, 2012 and chose to present two separate but consecutive statements.
 
 
7

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements

In May 2011, the FASB issued ASU No. 2011-04, “Amendments to Achieve Common Fair Value Measurement and Disclosure Requirements in U.S. GAAP and International Financial Reporting Standards,” which was issued to create a consistent framework for the application of fair value measurement across jurisdictions. The amendments include wording changes to GAAP in order to clarify the FASB’s intent about the application of existing fair value measurements and disclosure requirements, as well as to change a particular principle or existing requirement for measuring fair value or disclosing information about fair value measurements. The Company adopted this guidance effective January 1, 2012, with no impact on the Company’s financial statements, and has included the required disclosures.

In October 2010, the FASB issued ASU No. 2010-26, “Accounting for Costs Associated with Acquiring or Renewing Insurance Contracts.” This guidance clarifies which costs related to the acquisition or renewal of insurance contracts can be deferred by insurance entities. The guidance also specifies that only costs directly related to the successful acquisition of new or renewal contracts can be capitalized. All other acquisition related costs should be expensed as incurred. Jackson-NY adopted this accounting guidance effective January 1, 2012 on a retrospective basis for all years presented.

The following table summarizes the prior period changes reflected in the Balance Sheets and Statements of Equity related to the retrospective adoption (in thousands):

         
   
As previously
reported
   
Effect of
DAC change
   
As adjusted
   
As previously
reported
   
Effect of
DAC change
   
As adjusted
 
Deferred acquisition costs
  $ 263,271     $ (36,008 )   $ 227,263     $ 224,796     $ (30,211 )   $ 194,585  
Deferred income taxes, net
  $ 44,964     $ (12,712 )   $ 32,252     $ 35,350     $ (10,683 )   $ 24,667  
Other comprehensive income
  $ 47,150     $ 4,251     $ 51,401     $ 26,898     $ 2,380     $ 29,278  
Retained earnings
  $ 160,615     $ (27,547 )   $ 133,068     $ 147,034     $ (21,908 )   $ 125,126  
 
The following table summarizes the prior period changes reflected in the Income Statements and Statements of Comprehensive Income related to the retrospective adoption (in thousands):

   
Years ended December 31,
 
       
2010
 
   
As previously
reported
   
Effect of
DAC change
   
As adjusted
   
As previously
reported
   
Effect of
DAC change
   
As adjusted
 
Operating costs
  $ 26,568     $ 9,646     $ 36,214     $ 19,272     $ 9,760     $ 29,032  
Amortization of deferred
                                               
acquisition costs
  $ 7,673     $ (971 )   $ 6,702     $ 23,190     $ (2,287 )   $ 20,903  
Income tax expense (benefit)
  $ 2,993     $ (3,036 )   $ (43 )   $ 7,754     $ (2,616 )   $ 5,138  
Net income
  $ 13,581     $ (5,639 )   $ 7,942     $ 24,523     $ (4,857 )   $ 19,666  
 
The Company has also adjusted prior year amounts in cash flows from operations in the statement of cash flows. These adjustments had no impact on the total net cash provided by operating activities.

Changes in Accounting Principles – Not Yet Adopted
In December 2011, the FASB issued ASU No. 2011-11, “Balance Sheet: Disclosures about Offsetting Assets and Liabilities,” which requires an entity to disclose information about offsetting and related arrangements. This guidance is effective for fiscal years beginning on or after January 1, 2013. The new disclosures are required to be applied retrospectively for all comparative periods presented. The Company will adopt this guidance effective January 1, 2013 and include all applicable disclosures.
 
 
8

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements

Comprehensive Income
Comprehensive income includes all changes in stockholder’s equity (except those arising from transactions with owners/stockholders) and, in the Company’s case, includes net income and net unrealized gains or losses on available for sale securities.

Investments
Fixed maturities consist primarily of bonds and asset-backed securities. Acquisition discounts and premiums on fixed maturities are amortized into investment income through call or maturity dates using the effective interest method. Discounts and premiums on asset-backed securities are amortized over the estimated redemption period. Certain asset-backed securities are considered to be other than high quality or otherwise deemed to be high-risk, meaning the Company might not recover substantially all of its recorded investment due to unanticipated prepayment events. For these securities, changes in investment yields due to changes in estimated future cash flows are accounted for on a prospective basis. The carrying value of such securities was $38.6 million and $34.2 million at December 31, 2012 and 2011, respectively.

All fixed maturities are classified as available for sale and are carried at fair value. For declines in fair value considered to be other-than-temporary, an impairment charge reflecting the difference between the amortized cost basis and fair value is included in net realized losses on investments. If management believes the Company does not intend to sell the security and is not more likely than not to be required to sell the security prior to recovery of its amortized cost basis, an amount representing the non-credit related portion of a loss is reclassified out of net realized losses on investments and into other comprehensive income. In determining whether an other-than-temporary impairment has occurred, and in calculating the non-credit related component of the total impairment loss, the Company considers a number of factors, which are further described in Note 3.

At December 31, 2012 and 2011, all equity holdings were classified as trading. Trading securities are carried at fair value with changes in value included in net investment income.

Policy loans are loans the Company issues to contract holders that use the cash surrender value of their life insurance policy or annuity contract as collateral.

Realized gains and losses on sales of investments are recognized in income at the date of sale and are determined using the specific cost identification method.

The changes in unrealized gains and losses on investments which are classified as available for sale and the non-credit related portion of other-than-temporary impairment charges are excluded from net income and included as a component of other comprehensive income and stockholder’s equity, net of tax, and the effect of the adjustment for deferred acquisition costs and deferred sales inducements.

Embedded Derivatives
Certain guarantees offered in connection with variable annuities issued by the Company, contain embedded derivatives as defined by current accounting guidance. These derivatives, embedded in certain host liabilities that have been separated for accounting and financial reporting purposes, are carried at fair value. Embedded derivative results are reported in death, other policy benefits and change in policy reserves.

Cash and Cash Equivalents
Cash and cash equivalents primarily include money market instruments.
 
 
9

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements

Fair Value Measurement
 
Fair value measurements are based upon observable and unobservable inputs. Observable inputs reflect market data obtained from independent sources, while unobservable inputs reflect the Company’s view of market assumptions in the absence of observable market information. Jackson-NY utilizes valuation techniques that maximize the use of observable inputs and minimize the use of unobservable inputs. All assets and liabilities measured at fair value are required to be classified into one of the following categories:

 
Level 1
Observable inputs that reflect quoted prices for identical assets or liabilities in active markets that the Company has the ability to access at the measurement date. Level 1 securities include U.S. Treasury securities and exchange traded equity securities.

 
Level 2
Observable inputs, other than quoted prices included in Level 1, for the asset or liability or prices for similar assets and liabilities. Most fixed maturity securities that are model priced using observable inputs are classified within Level 2.

 
Level 3
Valuations that are derived from techniques in which one or more of the significant inputs are unobservable (including assumptions about risk). Embedded derivative instruments that are valued using unobservable inputs are included in Level 3. Because Level 3 fair values, by their nature, contain unobservable market inputs, considerable judgment may be used to determine the Level 3 fair values. Level 3 fair values represent the Company’s best estimate of an amount that could be realized in a current market exchange absent actual market exchanges.

In many situations, inputs used to measure the fair value of an asset or liability may fall into different levels of the fair value hierarchy. In these situations, the Company will determine the level in which the fair value falls based upon the lowest level input that is significant to the determination of the fair value. As a result, both observable and unobservable inputs may be used in the determination of fair values that the Company has classified within Level 3.

The Company determines the fair values of certain financial assets and liabilities based on quoted market prices, where available. The Company may also determine fair value based on estimated future cash flows discounted at the appropriate current market rate. When appropriate, fair values reflect adjustments for counterparty credit quality, the Company’s credit standing, liquidity and risk margins on unobservable inputs.

Where quoted market prices are not available, fair value estimates are made at a point in time, based on relevant market data, as well as the best information about the individual financial instrument. At times, illiquid market conditions may result in inactive markets for certain of the Company’s financial instruments. In such instances, there is generally no or limited observable market data for these assets and liabilities. Fair value estimates for financial instruments deemed to be in an illiquid market are based on judgments regarding current economic conditions, liquidity discounts, currency, credit and interest rate risks, loss experience and other factors. These fair values are estimates and involve considerable uncertainty and variability as a result of the inputs selected and may differ materially from the values that would have been used had an active market existed. As a result of market inactivity, such calculated fair value estimates may not be realizable in an immediate sale or settlement of the instrument. In addition, changes in the underlying assumptions used in the fair value measurement technique could significantly affect these fair value estimates.

Refer to Note 4 for further discussion of the methodologies used to determine fair values of the Company’s financial instruments.

Deferred Acquisition Costs
Under current accounting guidance. certain costs that are directly related to the successful acquisition of new or renewal insurance business can be capitalized as deferred acquisition costs. These costs primarily pertain to commissions and certain costs associated with policy issuance and underwriting. All other acquisition costs are expensed as incurred.
 
 
10

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements
 
Deferred acquisition costs are increased by interest thereon and amortized into income in proportion to anticipated premium revenues for traditional life policies and in proportion to estimated gross profits, including realized gains and losses and embedded derivative movements, for annuities and interest-sensitive life products. Due to volatility of certain factors that affect gross profits, including realized capital gains and losses and embedded derivative movements, amortization may be a benefit or a charge in any given period. In the event of negative amortization, the related deferred acquisition cost balance is capped at the initial amount capitalized, plus interest. Unamortized deferred acquisition costs are written off when a contract is internally replaced and substantially changed.

As fixed maturities available for sale are carried at fair value, an adjustment is made to deferred acquisition costs equal to the change in amortization that would have occurred if such securities had been sold at their stated fair value and the proceeds reinvested at current yields. This adjustment, along with the change in unrealized gains (losses) on fixed maturities available for sale, net of applicable tax, is credited or charged directly to stockholder’s equity as a component of other comprehensive income. Deferred acquisition costs decreased by $57.9 million and $40.7 million at December 31, 2012 and 2011, respectively, to reflect this adjustment.

For variable annuity business, the Company employs a mean reversion methodology that is applied with the objective of adjusting the amortization of deferred acquisition costs that would otherwise be highly volatile due to fluctuations in the level of future gross profits arising from changes in equity market levels. The mean reversion methodology achieves this objective by applying a dynamic adjustment to the assumption for short-term future investment returns. Under the methodology, the projected returns for the next five years are set such that, when combined with the actual returns for the current and preceding two years, the average rate of return over the eight year period is 8.4%, after investment management fees. The mean reversion methodology does, however, include a cap and a floor of 15% and 0% per annum, respectively, on the projected return for each of the next five years. Projected returns after the next five years are set at 8.4%. At December 31, 2012 and 2011, projected returns under mean reversion were below the 15% cap.

Deferred acquisition costs are reviewed periodically to ensure that the unamortized portion does not exceed the expected recoverable amounts. Any amount deemed unrecoverable would be written off with a charge through deferred acquisition costs amortization. No such write-offs were required for 2012, 2011 and 2010.

Deferred Sales Inducements
Under current accounting guidance, certain sales inducement costs that are directly related to the successful acquisition of new or renewal insurance business can be capitalized as deferred sales inducements. Bonus interest on deferred fixed annuities and contract enhancements on variable annuities are capitalized as deferred sales inducements. Deferred sales inducements are increased by interest thereon and amortized into income in proportion to estimated gross profits, including realized capital gains and losses and embedded derivative movements. Due to volatility of certain factors that affect gross profits, including realized capital gains and losses and embedded derivative movements, amortization may be a benefit or a charge in any given period. In the event of negative amortization, the related deferred sales inducements balance is capped at the initial amount capitalized, plus interest. Unamortized deferred sales inducements are written off when a contract is internally replaced and substantially changed.

As fixed maturities available for sale are carried at fair value, an adjustment is made to deferred sales inducements equal to the change in amortization that would have occurred if such securities had been sold at their stated fair value and the proceeds reinvested at current yields. This adjustment, along with the change in unrealized gains (losses) on fixed maturities available for sale, net of applicable tax, is credited or charged directly to stockholder’s equity as a component of other comprehensive income. Deferred sales inducements decreased by $5.4 million and $4.0 million at December 31, 2012 and 2011, respectively, to reflect this adjustment.

For variable annuity business, the Company employs the same mean reversion methodology as is employed for deferred acquisition costs as described above.
 
 
11

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements
 
Deferred sales inducements are reviewed periodically to ensure that the unamortized portion does not exceed the expected recoverable amounts. Any amount deemed unrecoverable would be written off with a charge through deferred sales inducements amortization. No such write-offs were required for 2012, 2011 and 2010.
 
Actuarial Assumption Changes (Unlocking)
Annually, or as circumstances warrant, the Company conducts a comprehensive review of the assumptions used for its estimates of future gross profits underlying the amortization of deferred acquisition costs and deferred sales inducements, as well as the valuation of the embedded derivatives and reserves for life insurance and annuity products with living benefit and death benefit guarantees. These assumptions include investment margins, mortality, persistency, rider utilization and policy maintenance expenses. Based on this review, the cumulative balances of deferred acquisition costs, deferred sales inducements and life and annuity reserves are adjusted with an offsetting benefit or charge to net income.

Reinsurance
The Company enters into ceded reinsurance agreements with other companies in the normal course of business. Reinsurance agreements are reported on a gross basis on the Company’s balance sheets as an asset for amounts recoverable from reinsurers or as a component of other liabilities for amounts, such as premiums, owed to reinsurers. Reinsurance ceded premiums and benefits provided are accounted for on bases consistent with those used in accounting for the original policies issued and the terms of the reinsurance contracts. Premiums and benefits are reported net of insurance ceded.

Federal Income Taxes
The Company files a consolidated federal income tax return with Jackson and Brooke Life. The Company has entered into a written tax sharing agreement, which is generally based on separate return calculations. Intercompany balances are settled on a quarterly basis.

Deferred federal income taxes arise from the recognition of temporary differences between the basis of assets and liabilities determined for financial reporting purposes and the basis determined for income tax purposes. Such temporary differences are principally related to the effects of recording certain invested assets at market value, the deferral of policy acquisition costs and sales inducements and the provisions for future policy benefits and expenses. Deferred tax assets and liabilities are measured using the tax rates expected to be in effect when such benefits are realized. Jackson-NY is required to test the value of deferred tax assets for realizability. Deferred tax assets are reduced by a valuation allowance if, based on the weight of available positive and negative evidence, it is more likely than not that some portion, or all, of the deferred tax assets will not be realized. In determining the need for a valuation allowance, the Company considers the carryback eligibility of losses, reversal of existing temporary differences, estimated future taxable income and tax planning strategies.

The determination of the valuation allowance for Jackson-NY’s deferred tax assets requires management to make certain judgments and assumptions regarding future operations that are based on historical experience and expectations of future performance. In order to recognize a tax benefit in the financial statements, there must be a greater than fifty percent chance of success of the Company’s position being sustained by the relevant taxing authority with regard to that tax position. Management’s judgments are potentially subject to change given the inherent uncertainty in predicting future performance, which is impacted by such factors as policyholder behavior, competitor pricing and other specific industry and market conditions.
 
The Company recognizes accrued interest and penalties, if any, related to unrecognized tax benefits as a component of tax expense.
 
 
12

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements
 
Reserves for Future Policy Benefits and Claims Payable and Deposits on Investment Contracts
For traditional life insurance contracts, which include term and whole life, reserves for future policy benefits are determined using the net level premium method and assumptions as of the issue date or acquisition date as to mortality, interest, persistency and expenses plus provisions for adverse deviations. These assumptions are not unlocked unless determined to be deficient. Mortality assumptions range from 25% to 160% of the 1975-1980 Basic Select and Ultimate tables depending on policy duration. Interest rate assumptions range from 2.75% to 6.0%. Lapse and expense assumptions are based on studies of the Company’s experience in combination with that of its Parent. The Company’s liability for future policy benefits also includes net liabilities for guaranteed benefits related to certain nontraditional long-duration life and annuity contracts, which are further discussed in Note 7.

For the Company’s interest-sensitive life contracts, liabilities approximate the policyholder’s account value. For deferred annuities and the fixed option on variable annuity contracts, the liability is the policyholder’s account value.

Contingent Liabilities
The Company is a party to legal actions and, at times, regulatory investigations. Given the inherent unpredictability of these matters, it is difficult to estimate their impact on the Company’s financial position. A reserve is established for contingent liabilities if it is probable that a loss has been incurred and the amount is reasonably estimable. It is possible that an adverse outcome in certain of the Company’s contingent liabilities, or the use of different assumptions in the determination of amounts recorded, could have a material effect upon the Company’s financial position. However, it is the opinion of management that the ultimate disposition of contingent liabilities will not have a material adverse affect on the Company's financial condition.

Separate Account Assets and Liabilities
The Company maintains separate account assets, which are reported at fair value. The related liabilities are reported at an amount equivalent to the separate account assets. At December 31, 2012 and 2011, the assets and liabilities associated with variable life and annuity contracts, aggregated $4,577.0 million and $3,451.0 million, respectively. Investment risks associated with market value changes are borne by the contract holders, except to the extent of minimum guarantees made by the Company. Refer to Note 8 for additional information regarding the Company’s contractual guarantees. Separate account net investment income, net investment realized and unrealized gains and losses, and the related liability changes are offset within the same line item in the income statements. Amounts assessed against the contract holders for mortality, administrative, and other services are reported in revenue as fee income.

Revenue and Expense Recognition
Premiums for traditional life insurance are reported as revenues when due. Benefits, claims and expenses are associated with earned revenues in order to recognize profit over the lives of the contracts. This association is accomplished through provisions for future policy benefits and the deferral and amortization of acquisition costs.

Deposits on interest-sensitive life products and investment contracts, principally universal and variable universal life contracts and deferred annuities, are treated as policyholder deposits and excluded from revenue. Revenues consist primarily of investment income and charges assessed against the account value for mortality charges, surrenders, variable annuity benefit guarantees and administrative expenses. Surrender benefits are treated as repayments of the policyholder account. Annuity benefit payments are treated as reductions to the policyholder account. Death benefits in excess of the policyholder account are recognized as an expense when incurred. Expenses consist primarily of the interest credited to policyholder deposits. Underwriting and other acquisition expenses are associated with gross profit in order to recognize profit over the life of the business. This is accomplished through deferral and amortization of acquisition costs and sales inducements. Expenses not related to policy acquisition are recognized when incurred.

Investment income is not accrued on securities in default and otherwise where the collection is uncertain. In these cases, receipts of interest on such securities are used to reduce the cost basis of the securities.
 
 
13

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements

Subsequent Events
The Company has evaluated events through March 18, 2013, which is the date the financial statements were available to be issued.
 
3.
Investments

Investments are comprised primarily of fixed-income securities, primarily publicly-traded industrial, utility and government bonds and asset-backed securities. Asset-backed securities include mortgage-backed and other structured securities. The Company generates the majority of its general account deposits from interest-sensitive individual annuity contracts and life insurance products on which it has committed to pay a declared rate of interest. The Company's strategy of investing in fixed-income securities aims to ensure matching of the asset yield with the amounts credited to the interest-sensitive liabilities and to earn a stable return on its investments.

Fixed Maturities
The following table sets forth the composition of the fair value of fixed maturities at December 31, 2012, classified by rating categories as assigned by nationally recognized statistical rating organizations (“NRSRO”), the National Association of Insurance Commissioners (“NAIC”), or if not rated by such organizations, the Company’s affiliated investment advisor. At December 31, 2012, the carrying value of investments rated by the Company’s affiliated investment advisor totaled $14.7 million. For purposes of the table, if not otherwise rated higher by a NRSRO, NAIC Class 1 investments are included in the A rating, Class 2 in BBB, Class 3 in BB and Classes 4 through 6 in B and below.

   
Percent of Total
 
   
Fixed Maturities
 
Investment Rating
   
AAA
    21.0 %
AA
    6.5 %
A
    31.7 %
BBB
    35.4 %
Investment grade
    94.6 %
BB
    2.1 %
B and below
    3.3 %
Below investment grade
    5.4 %
Total fixed maturities
    100.0 %
 
At December 31, 2012, based on ratings by NRSROs, of the total carrying value of fixed maturities in an unrealized loss position, 58% were investment grade, 30% were below investment grade and 12% were not rated. Unrealized losses on fixed maturities that were below investment grade or not rated were approximately 82% of the aggregate gross unrealized losses on available for sale fixed maturities.

Corporate securities in an unrealized loss position were diversified across industries. As of December 31, 2012, the industries accounting for the larger percentage of unrealized losses included computers and electronics (0.8% of fixed maturities gross unrealized losses) and broadcasting and media (0.6%). The largest unrealized loss related to a single corporate obligor was $0.1 million at December 31, 2012.
 
 
14

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements

At December 31, 2012 and 2011, the amortized cost, gross unrealized gains and losses, fair value and non-credit other than temporary impairment (“OTTI”) of available for sale fixed maturities were as follows (in thousands):
 
         
Gross
   
Gross
             
   
Amortized
   
Unrealized
   
Unrealized
   
Fair
   
Non-credit
 
 
Cost
   
Gains
   
Losses
   
Value
   
OTTI (1)
 
Fixed Maturities
                             
Government securities
  $ 78,483     $ 8,883     $ -     $ 87,366     $ -  
Public utilities
    124,400       18,762       80       143,082       -  
Corporate securities
    1,024,586       117,280       599       1,141,267       -  
Residential mortgage-backed
    111,279       4,363       5,853       109,789       (2,227 )
Commercial mortgage-backed
    214,848       37,414       3,491       248,771       (715 )
Other asset-backed securities
    80,006       1,815       1,638       80,183       -  
Total fixed maturities
  $ 1,633,602     $ 188,517     $ 11,661     $ 1,810,458     $ (2,942 )
                                         
           
Gross
   
Gross
                 
   
Amortized
   
Unrealized
   
Unrealized
   
Fair
   
Non-credit
 
 
Cost
   
Gains
   
Losses
   
Value
   
OTTI (1)
 
Fixed Maturities
                                       
Government securities
  $ 78,589     $ 8,283     $ -     $ 86,872     $ -  
Public utilities
    67,200       8,323       10       75,513       -  
Corporate securities
    987,695       89,463       1,843       1,075,315       (59 )
Residential mortgage-backed
    137,132       3,899       13,371       127,660       (7,957 )
Commercial mortgage-backed
    207,902       25,351       4,579       228,674       (1,733 )
Other asset-backed securities
    75,664       771       4,151       72,284       (740 )
Total fixed maturities
  $ 1,554,182     $ 136,090     $ 23,954     $ 1,666,318     $ (10,489 )
                                         
(1) Represents the amount of cumulative non-credit OTTI gains (losses) recognized in other comprehensive income for securities on which credit impairments have been recorded.
 
The amortized cost, gross unrealized gains and losses, and fair value of fixed maturities at December 31, 2012, by contractual maturity, are shown below (in thousands). Expected maturities may differ from contractual maturities where securities can be called or prepaid with or without early redemption penalties.
 
         
Gross
   
Gross
       
   
Amortized
   
Unrealized
   
Unrealized
   
Fair
 
   
Cost
   
Gains
   
Losses
   
Value
 
Due in 1 year or less
  $ 35,995     $ 290     $ -     $ 36,285  
Due after 1 year through 5 years
    238,708       22,555       -       261,263  
Due after 5 years through 10 years
    837,971       104,338       460       941,849  
Due after 10 years through 20 years
    92,357       12,157       219       104,295  
Due after 20 years
    22,438       5,585       -       28,023  
Residential mortgage-backed
    111,279       4,363       5,853       109,789  
Commercial mortgage-backed
    214,848       37,414       3,491       248,771  
Other asset-backed securities
    80,006       1,815       1,638       80,183  
Total
  $ 1,633,602     $ 188,517     $ 11,661     $ 1,810,458  
 
U.S. Treasury securities with a carrying value of $566 thousand and $560 thousand at December 31, 2012 and 2011, respectively, were on deposit with the state of New York as required by state insurance law.
 
 
15

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements

At December 31, 2012, there were no fixed maturities in default that were anticipated to be income producing when purchased and no fixed maturities that have been non-income producing for the 12 months preceding December 31, 2012.

At December 31, 2011, the Company had less than $1 thousand of amortized cost and carrying value of fixed maturities in default that were anticipated to be income producing when purchased. The amortized cost and carrying value of fixed maturities that were non-income producing for the 12 months preceding December 31, 2011 were less than $1 thousand.

Residential mortgage-backed securities (“RMBS”) include certain RMBS which are collateralized by residential mortgage loans and are neither explicitly nor implicitly guaranteed by U.S. government agencies (“non-agency RMBS”). The Company’s non-agency RMBS include investments in securities backed by prime, Alt-A, and subprime loans as follows (in thousands):
 
         
Gross
   
Gross
       
   
Amortized
   
Unrealized
   
Unrealized
   
Fair
 
 
Cost
   
Gains
   
Losses
   
Value
 
                         
Prime
  $ 25,770     $ 618     $ 1,336     $ 25,052  
Alt-A
    19,491       338       234       19,595  
Subprime
    25,017       104       4,283       20,838  
Total non-agency RMBS
  $ 70,278     $ 1,060     $ 5,853     $ 65,485  
                                 
           
Gross
   
Gross
         
   
Amortized
   
Unrealized
   
Unrealized
   
Fair
 
 
Cost
   
Gains
   
Losses
   
Value
 
                                 
Prime
  $ 35,268     $ 68     $ 3,299     $ 32,037  
Alt-A
    24,437       194       2,592       22,039  
Subprime
    22,628       5       7,480       15,153  
Total non-agency RMBS
  $ 82,333     $ 267     $ 13,371     $ 69,229  
 
The Company defines its exposure to non-agency residential mortgage loans as follows. Prime loan-backed securities are collateralized by mortgage loans made to the highest rated borrowers. Alt-A loan-backed securities are collateralized by mortgage loans made to borrowers who lack credit documentation or necessary requirements to obtain prime borrower rates. Subprime loan-backed securities are collateralized by mortgage loans made to borrowers that have a FICO score of 680 or lower. Of the Company’s investments in Alt-A related mortgage-backed securities, 16% are rated investment grade by at least one NRSRO. Of the Company’s investments in subprime related mortgage-backed securities, 27% are rated investment grade by at least one NRSRO. In 2012, the Company recorded other-than-temporary impairment charges of $0.3 million, $0.4 million, and $0.6 million on securities backed by prime, Alt-A and subprime loans, respectively. In 2011, the Company recorded other-than-temporary impairment charges of $0.5 million, $0.8 million and $0.5 million, on securities backed by prime, Alt-A and subprime, respectively. In 2010, the Company recorded other-than-temporary impairment charges of $0.5 million, $2.9 million and $1.2 million, on securities backed by prime, Alt-A and subprime, respectively.

Asset-backed securities also include investments in securities which are collateralized by commercial mortgage loans (“CMBS”). At December 31, 2012, the amortized cost and fair value of the Company’s investment in CMBS was $214.8 million and $248.8 million, respectively, of which 99% were rated investment grade by at least one NRSRO. In 2012, 2011 and 2010, the Company recorded other-than-temporary impairment charges on CMBS of $0.8 million, $0.2 million and $2.8 million, respectively.
 
 
16

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements
 
The following table summarizes the number of securities, fair value and the related amount of gross unrealized losses aggregated by investment category and length of time that individual fixed maturities have been in a continuous loss position (dollars in thousands):
 
         
                                     
   
Less than 12 months
   
Less than 12 months
 
   
Gross
               
Gross
             
   
Unrealized
   
Fair
   
# of
   
Unrealized
   
Fair
   
# of
 
   
Losses
   
Value
   
securities
   
Losses
   
Value
   
securities
 
Fixed Maturities
                                   
Public utilities
  $ 80     $ 2,359       3     $ 10     $ 490       1  
Corporate securities
    599       48,398       20       1,636       50,958       28  
Residential mortgage-backed
    -       -       -       8,685       28,488       14  
Commercial mortgage-backed
    -       -       -       -       -       -  
Other asset-backed securities
    7       10,121       8       882       16,053       16  
Total temporarily impaired
                                               
securities
  $ 686     $ 60,878       31     $ 11,213     $ 95,989       59  
                                                 
                                                 
   
12 months or longer
   
12 months or longer
 
   
Gross
                   
Gross
                 
   
Unrealized
   
Fair
   
# of
   
Unrealized
   
Fair
   
# of
 
   
Losses
   
Value
   
securities
   
Losses
   
Value
   
securities
 
Fixed Maturities
                                               
Public utilities
  $ -     $ -       -     $ -     $ -       -  
Corporate securities
    -       -       -       207       9,780       4  
Residential mortgage-backed
    5,853       29,822       18       4,686       26,532       25  
Commercial mortgage-backed
    3,491       3,311       2       4,579       3,221       3  
Other asset-backed securities
    1,631       9,211       9       3,269       18,027       15  
Total temporarily impaired
                                               
securities
  $ 10,975     $ 42,344       29     $ 12,741     $ 57,560       47  
                                                 
                                                 
   
Total
   
Total
 
   
Gross
                   
Gross
                 
   
Unrealized
   
Fair
   
# of
   
Unrealized
   
Fair
   
# of
 
   
Losses
   
Value
   
securities
   
Losses
   
Value
   
securities
 
Fixed Maturities
                                               
Public utilities
  $ 80     $ 2,359       3     $ 10     $ 490       1  
Corporate securities
    599       48,398       20       1,843       60,738       32  
Residential mortgage-backed
    5,853       29,822       18       13,371       55,020       39  
Commercial mortgage-backed
    3,491       3,311       2       4,579       3,221       3  
Other asset-backed securities
    1,638       19,332       17       4,151       34,080       31  
Total temporarily impaired
                                               
securities
  $ 11,661     $ 103,222       60     $ 23,954     $ 153,549       106  
 
Other-Than-Temporary Impairments on Available For Sale Securities
The Company periodically reviews its available for sale fixed maturities on a case-by-case basis to determine if any decline in fair value to below cost or amortized cost is other-than-temporary. Factors considered in determining whether a decline is other-than-temporary include the length of time a security has been in an unrealized loss position, the severity of the unrealized loss and the reasons for the decline in value and expectations for the amount and timing of a recovery in fair value.
 
 
17

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements

Securities the Company determines are underperforming or potential problem securities are subject to regular review. To facilitate the review, securities with significant declines in value, or where other objective criteria evidencing credit deterioration have been met, are included on a watch list. Among the criteria for securities to be included on a watch list are: credit deterioration that has led to a significant decline in fair value of the security; a significant covenant related to the security has been breached; or an issuer has filed or indicated a possibility of filing for bankruptcy, has missed or announced it intends to miss a scheduled interest or principal payment, or has experienced a specific material adverse change that may impair its creditworthiness.

In performing these reviews, the Company considers the relevant facts and circumstances relating to each investment and exercises considerable judgment in determining whether a security is other-than-temporarily impaired. Assessment factors include judgments about an obligor’s current and projected financial position, an issuer’s current and projected ability to service and repay its debt obligations, the existence of, and realizable value of, any collateral backing the obligations and the macro-economic and micro-economic outlooks for specific industries and issuers. This assessment may also involve assumptions regarding underlying collateral such as prepayment rates, default and recovery rates, and third-party servicing capabilities.

Among the specific factors considered are whether the decline in fair value results from a change in the credit quality of the security itself, or from a downward movement in the market as a whole, and the likelihood of recovering the carrying value based on the near-term prospects of the issuer. Unrealized losses that are considered to be primarily the result of market conditions (e.g., increases in interest rates, temporary market illiquidity or volatility or industry-related events) are usually determined to be temporary, and where the Company also believes there exists a reasonable expectation for recovery in the near term. To the extent that factors contributing to impairment losses recognized affect other investments, such investments are also reviewed for other-than-temporary impairment and losses are recorded when appropriate.

In addition to the review procedures described above, investments in asset-backed securities where market prices are depressed are subject to a review of their future estimated cash flows, including expected and stress case scenarios, to identify potential shortfalls in contractual payments. These estimated cash flows are developed using available performance indicators from the underlying assets including current and projected default or delinquency rates, levels of credit enhancement, current subordination levels, vintage, expected loss severity and other relevant characteristics. These estimates reflect a combination of data derived by third parties and internally developed assumptions. Where possible, this data is benchmarked against third-party sources.

Even in the case of severely depressed market values on asset-backed securities, the Company places significant reliance on the results of its cash flow testing and its lack of an intent to sell these securities until their fair values recover when reaching other-than-temporary impairment conclusions with regard to these securities. Other-than-temporary impairment charges are recorded on asset-backed securities when the Company forecasts a contractual payment shortfall.

Jackson-NY recognizes other-than-temporary impairments on debt securities in an unrealized loss position when any one of the following circumstances exist:

 
·
The Company does not expect full recovery of the amortized cost based on the discounted cash flows estimated to be collected;
 
·
The Company intends to sell a security; or,
 
·
It is more likely than not that the Company will be required to sell a security prior to recovery.
 
 
18

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements

For mortgage-backed securities, credit impairment is assessed using a cash flow model that estimates the cash flows on the underlying mortgages, using the security-specific collateral characteristics and transaction structure. The model estimates cash flows from the underlying mortgage loans and distributes those cash flows to various tranches of securities, considering the transaction structure and any subordination and credit enhancements existing in that structure. The cash flow model incorporates actual cash flows on the mortgage-backed securities through the current period and then projects the remaining cash flows using a number of assumptions, including prepayment speeds, default rates and loss severity.

Specifically for Prime and Alt-A RMBS, the default percentage is dependent on the severity of delinquency status, with foreclosures and real estate owned receiving higher rates, but also includes the currently performing loans. As of December 31, 2012 and 2011, default rates for delinquent loans ranged from 15% to 100%. At December 31, 2012 and 2011, loss severities were applied to generate and analyze cash flows of each bond and ranged from 30% to 70% and 30% to 65%, respectively.

These estimates reflect a combination of data derived by third-parties and internally developed assumptions. Where possible, this data is benchmarked against other third-party sources. In addition, these estimates are extrapolated along a default timing curve to estimate the total lifetime pool default rate.

Other-than-temporary impairments are calculated as the difference between amortized cost and fair value. For other-than-temporarily impaired securities where Jackson-NY does not intend to sell the security and it is not more likely than not that Jackson-NY will be required to sell the security prior to recovery, total other-than-temporary impairments are reduced by the non-credit portion of the other-than-temporary impairments, which are recognized in other comprehensive income. The resultant net other-than-temporary impairments recorded in net income reflect the credit loss on the other-than-temporarily impaired securities. The amortized cost of the other-than-temporarily impaired securities is reduced by the amount of this credit loss.

For securities that were deemed to be other-than-temporarily impaired and for which a non-credit loss was recorded in other comprehensive income, the amount recorded as an unrealized gain (loss) represents the difference between the fair value and the new amortized cost basis of the securities. The unrealized gain (loss) on other-than-temporarily impaired securities is recorded in other comprehensive income.

The following table summarizes net realized investment gains (losses) for the periods indicated (in thousands):
 
   
Years Ended December 31,
 
       
2011
   
2010
 
Available-for-sale securities
                 
Realized gains on sale
  $ 2,449     $ 3,966     $ 10,273  
Realized losses on sale
    (2,793 )     (3,106 )     (16,614 )
Impairments:
                       
Total other-than-temporary impairments
    (7,260 )     (13,103 )     (17,261 )
Portion of other-than-temporary impairments
                       
included in other comprehensive income
    5,095       11,040       7,556  
Net other-than-temporary impairments
    (2,165 )     (2,063 )     (9,705 )
Net realized losses on investments
  $ (2,509 )   $ (1,203 )   $ (16,046 )
 
The aggregate fair value of securities sold at a loss for the years ended December 31, 2012, 2011 and 2010 was $12.9 million, $17.4 million and $72.7 million, respectively, which was approximately 82%, 85% and 81% of book value, respectively.
 
 
19

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements

The following summarizes the current year activity for credit losses recognized in net income on debt securities where an other-than-temporary impairment was identified and the non-credit portion of the other-than-temporary impairment was included in other comprehensive income (in thousands):
 
   
Years Ended December 31,
 
       
2011
 
Cumulative credit loss beginning balance
  $ 9,519     $ 16,808  
Additions:
               
New credit losses
    167       538  
Incremental credit losses
    1,997       1,525  
Reductions:
               
Securities sold, paid down or disposed of
    (3,434 )     (9,352 )
Cumulative credit loss ending balance
  $ 8,249     $ 9,519  
 
There are inherent uncertainties in assessing the fair values assigned to the Company’s investments and in determining whether a decline in fair value is other-than-temporary. The Company’s reviews of net present value and fair value involve several criteria including economic conditions, credit loss experience, other issuer-specific developments and estimated future cash flows. These assessments are based on the best available information at the time. Factors such as market liquidity, the widening of bid/ask spreads and a change in the cash flow assumptions can contribute to future price volatility. If actual experience differs negatively from the assumptions and other considerations used in the financial statements, unrealized losses currently reported in accumulated other comprehensive income may be recognized in the income statements in future periods.

The Company currently has no intent to sell securities with unrealized losses considered to be temporary until they mature or recover in value and believes that it has the ability to do so. However, if the specific facts and circumstances surrounding an individual security, or the outlook for its industry sector change, the Company may sell the security prior to its maturity or recovery and realize a loss.

Securities Lending
The Company has entered into a securities lending agreement with an agent bank whereby blocks of securities are loaned to third parties, primarily major brokerage firms. As of December 31, 2012 and 2011, the estimated fair value of loaned securities was $9.4 million and $2.5 million, respectively. The agreement requires a minimum of 102 percent of the fair value of the loaned securities to be held as collateral, calculated on a daily basis. To further minimize the credit risks related to this program, the financial condition of counterparties is monitored on a regular basis. At December 31, 2012 and 2011, cash collateral received in the amount of $9.6 million and $2.5 million, respectively, was invested by the agent bank and included in cash and cash equivalents of the Company. A securities lending payable is included in liabilities for the amount of cash collateral received.

Securities lending transactions are used to generate income. Income and expenses associated with these transactions are reported as net investment income.
 
 
20

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements

4.
Fair Value Measurements

The following chart summarizes the fair value and carrying value of Jackson-NY’s financial instruments (in thousands). The basis for determining the fair value of each instrument is also described below.
 
         
   
Carrying Value
   
Fair Value
   
Carrying Value
   
Fair Value
 
Assets
                       
Cash and cash equivalents
  $ 105,956     $ 105,956     $ 73,287     $ 73,287  
Fixed maturities
    1,810,458       1,810,458       1,666,318       1,666,318  
Trading securities
    647       647       573       573  
Policy loans
    301       301       269       269  
GMIB reinsurance recoverable
    21,374       21,374       22,145       22,145  
Separate account assets
    4,576,989       4,576,989       3,450,977       3,450,977  
                                 
Liabilities
                               
Annuity reserves (1)
  $ 1,547,365     $ 1,624,699     $ 1,554,452     $ 1,437,318  
Separate account liabilities
    4,576,989       4,576,989       3,450,977       3,450,977  
                                 
(1) - Annuity reserves represent only the components of deposits on investment contracts that are considered to be financial instruments and includes the applicable guaranteed benefit liabilities. GMWB reserves are presented net of reinsurance ceded to Jackson to illustrate the net effect on Jackson-NY's results.
 

Fair value measurements are based upon observable and unobservable inputs. Observable inputs reflect market data obtained from independent sources, while unobservable inputs reflect the Company’s view of market assumptions in the absence of observable market information. Jackson-NY utilizes valuation techniques that maximize the use of observable inputs and minimize the use of unobservable inputs. All assets and liabilities measured at fair value are required to be classified into one of the following categories:

 
Level 1
Observable inputs that reflect quoted prices for identical assets or liabilities in active markets that the Company has the ability to access at the measurement date. Level 1 securities include U.S. Treasury securities and exchange traded equity securities.

 
Level 2
Observable inputs, other than quoted prices included in Level 1, for the asset or liability or prices for similar assets and liabilities. Most fixed maturity securities that are model priced using observable inputs are classified within Level 2.

 
Level 3
Valuations that are derived from techniques in which one or more of the significant inputs are unobservable (including assumptions about risk). Embedded derivative instruments that are valued using unobservable inputs are included in Level 3. Because Level 3 fair values, by their nature, contain unobservable market inputs, considerable judgment may be used to determine the Level 3 fair values. Level 3 fair values represent the Company’s best estimate of an amount that could be realized in a current market exchange absent actual market exchanges.

In many situations, inputs used to measure the fair value of an asset or liability may fall into different levels of the fair value hierarchy. In these situations, the Company will determine the level in which the fair value falls based upon the lowest level input that is significant to the determination of the fair value. As a result, both observable and unobservable inputs may be used in the determination of fair values that the Company has classified within Level 3.

The Company determines the fair values of certain financial assets and liabilities based on quoted market prices, where available. The Company may also determine fair value based on estimated future cash flows discounted at the appropriate current market rate. When appropriate, fair values reflect adjustments for counterparty credit quality, the Company’s credit standing, liquidity and risk margins on unobservable inputs.
 
 
21

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements

Where quoted market prices are not available, fair value estimates are made at a point in time, based on relevant market data, as well as the best information about the individual financial instrument. At times, illiquid market conditions may result in inactive markets for certain of the Company’s financial instruments. In such instances, there is generally no or limited observable market data for these assets and liabilities. Fair value estimates for financial instruments deemed to be in an illiquid market are based on judgments regarding current economic conditions, liquidity discounts, currency, credit and interest rate risks, loss experience and other factors. These fair values are estimates and involve considerable uncertainty and variability as a result of the inputs selected and may differ materially from the values that would have been used had an active market existed. As a result of market inactivity, such calculated fair value estimates may not be realizable in an immediate sale or settlement of the instrument. In addition, changes in the underlying assumptions used in the fair value measurement technique could significantly affect these fair value estimates.

The following is a discussion of the methodologies used to determine fair values of the financial instruments measured on both a recurring and nonrecurring basis reported in the following tables.

Fixed Maturity and Trading Securities
The fair values for fixed maturity and trading securities are determined by management using information available from independent pricing services, broker-dealer quotes, or internally derived estimates. Priority is given to publicly available prices from independent sources, when available. Securities for which the independent pricing service does not provide a quotation are either submitted to independent broker-dealers for prices or priced internally. Typically inputs used by these three pricing methods include, but are not limited to, reported trades, benchmark yields, credit spreads, liquidity premiums, and/or estimated cash flows based on default and prepayment assumptions.

As a result of typical trading volumes and the lack of specific quoted market prices for most fixed maturities, independent pricing services will normally derive the security prices through recently reported trades for identical or similar securities, making adjustments through the reporting date based upon available market observable information as outlined above. If there are no recently reported trades, the independent pricing services and brokers may use matrix or pricing model processes to develop a security price where future cash flow expectations are developed based upon collateral performance and discounted at relevant market rates. Certain securities are priced using broker-dealer quotes, which may utilize proprietary inputs and models. Additionally, the majority of these quotes are non-binding.

Included in the pricing of asset-backed securities are estimates of the rate of future prepayments of principal over the remaining life of the securities. Such estimates are derived based on the characteristics of the underlying structure and prepayment assumptions believed to be relevant for the underlying collateral. Actual prepayment experience may vary from these estimates.

Internally derived estimates may be used to develop a fair value for securities for which the Company is unable to obtain either a reliable price from an independent pricing service or a suitable broker-dealer quote. These estimates may incorporate Level 2 and Level 3 inputs and are generally derived using expected future cash flows, discounted at market interest rates available from market sources based on the credit quality and duration of the instrument to determine fair value. For securities that may not be reliably priced using these internally developed pricing models, a fair value may be estimated using indicative market prices. These prices are indicative of an exit price, but the assumptions used to establish the fair value may not be observable or corroborated by market observable information and, therefore, are considered to be Level 3 inputs.
 
 
22

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements
 
The Company performs a monthly analysis on the prices and credit spreads received from third parties to ensure that the prices represent a reasonable estimate of the fair value. This process involves quantitative and qualitative analysis and is overseen by investment and accounting professionals. Examples of procedures performed include, but are not limited to, initial and on-going review of third party pricing service methodologies, review of pricing statistics and trends, back testing recent trades and monitoring of trading volumes. In addition, the Company considers whether prices received from independent brokers represent a reasonable estimate of fair value through the use of internal and external cash flow models, which are developed based on spreads and, when available, market indices. As a result of this analysis, if the Company determines there is a more appropriate fair value based upon the available market data, the price received from the third party may be adjusted accordingly.

For those securities that were internally valued at December 31, 2012 and 2011, an internally developed model was used to determine the fair value. The pricing model used by the Company utilizes current spread levels of similarly rated securities to determine the market discount rate for the security. Furthermore, appropriate risk premiums for illiquidity and non-performance are incorporated in the discount rate. Cash flows, as estimated by the Company using issuer-specific default statistics and prepayment assumptions, are discounted to determine an estimated fair value. 

On an ongoing basis, the Company reviews the independent pricing services’ valuation methodologies and related inputs, and evaluates the various types of securities in its investment portfolio to determine an appropriate fair value hierarchy distribution based upon trading activity and the observability of market inputs. Based on the results of this evaluation, each price is classified into Level 1, 2, or 3. Most prices provided by independent pricing services, including broker quotes, are classified into Level 2 due to their use of market observable inputs.

Policy Loans
The Company believes the carrying value of policy loans approximates fair value. Policy loans are funds provided to policyholders in return for a claim on the policies values and function like demand deposits which are redeemable upon repayment, death or surrender, and there is only one market price at which the transaction could be settled – the then current carrying value. The funds provided are limited to the cash surrender value of the underlying policy. The nature of policy loans is to have a negligible default risk as the loans are fully collateralized by the value of the policy. Policy loans do not have a stated maturity and the balances and accrued interest are repaid either by the policyholder or with proceeds from the policy. Due to the collateralized nature of policy loans and unpredictable timing of payments, the Company believes the carrying value of policy loans approximates fair value.

Cash and Cash Equivalents
Cash and cash equivalents primarily include money market instruments. Money market instruments are valued using unadjusted quoted prices in active markets and are classified as Level 1.

Separate Account Assets and Liabilities
Separate account assets are comprised of investments in mutual funds, which are categorized as Level 1 assets. The value of separate account liabilities are set equal to the value of separate account assets.

Annuity Reserves
Fair values for immediate annuities without mortality features are derived by discounting the future estimated cash flows using current market interest rates for similar maturities. Fair values for deferred annuities are determined using projected future cash flows discounted at current market interest rates.

Certain Guaranteed Benefits
Variable annuity contracts issued by the Company offer various guaranteed minimum death, withdrawal, and income benefits. Certain benefits, primarily non-life contingent guaranteed minimum withdrawal benefits (“GMWB”) and the reinsured portion of the Company’s guaranteed minimum income benefits (“GMIB”), are recorded at fair value. Guaranteed benefits that are not subject to fair value accounting are accounted for as insurance benefits.
 
 
23

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements
 
Non-life contingent GMWBs are recorded at fair value with changes in fair value recorded in death, other policy benefits and change in policy reserves. The fair value of the reserve is based on the expectations of future benefit payments and future fees associated with the benefits. At the inception of the contract, the Company attributes to the embedded derivative a portion of total fees collected from the contract holder, which is then held static in future valuations. Those fees, generally referred to as the attributed fees, are set such that the present value of the attributed fees is equal to the present value of future claims expected to be paid under the guaranteed benefit at the inception of the contract. In subsequent valuations, both the present value of future benefits and the present value of attributed fees are revalued based on current market conditions and policyholder behavior assumptions. The difference between each of the two components represents the fair value of the embedded derivative.

Jackson-NY’s GMIB book is reinsured through an unrelated party and, due to the net settlement provisions of the reinsurance agreement, this contract meets the definition of a freestanding derivative. Accordingly, the GMIB reinsurance agreement is recorded at fair value, with changes in fair value recorded in death, other policy benefits and change in policy reserves. Due to the inability to economically reinsure or hedge new issues of the GMIB, the Company discontinued offering the benefit in 2009.

Fair values for GMWB embedded derivatives, as well as GMIB reinsured recoverables, are calculated using internally developed models because active, observable markets do not exist for those guaranteed benefits. The fair value calculation is based on the present value of future cash flows comprised of future expected benefit payments, less future attributed rider fees, over the lives of the contracts. Estimating these cash flows requires numerous estimates and subjective judgments related to capital market inputs, as well as actuarially determined assumptions related to expectations concerning policyholder behavior. Capital market inputs include expected market rates of return, market volatility, correlations of market index returns to funds, fund performance and discount rates. The more significant actuarial assumptions include benefit utilization by policyholders under varying conditions, persistency, mortality, and withdrawal rates. Because of the dynamic and complex nature of these cash flows, best estimate assumptions, plus risk margins, and a stochastic process involving the generation of thousands of scenarios that assume risk neutral returns consistent with swap rates are used.

At each valuation date, the Company assumes expected returns based on LIBOR swap rates as of that date to determine the value of expected future cash flows produced in the stochastic process. Volatility assumptions are based on a weighting of available market data for implied market volatility for durations up to 10 years, at which point the projected volatility is held constant. Additionally, non-performance risk is incorporated into the calculation through the use of discount rates based on a AA corporate credit curve as an approximation of Jackson-NY’s own credit risk. Other risk margins, particularly for policyholder behavior, are also incorporated into the model through the use of best estimate assumptions, plus a risk margin. Estimates of future policyholder behavior are subjective and are based primarily on the Company’s experience and that of its Parent.

As markets change, mature and evolve and actual policyholder behavior emerges, management continually evaluates the appropriateness of its assumptions for this component of the fair value model.

The use of the models and assumptions described above requires a significant amount of judgment. Management believes the aggregation of each of these components results in an amount that the Company would be required to transfer for a liability, or receive for an asset, to or from a willing buyer or seller, if one existed, for those market participants to assume the risks associated with the guaranteed benefits and the related reinsurance. However, the ultimate settlement amount of the liability, which is currently unknown, could likely be significantly different than the fair value.
 
 
24

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements

Financial Instruments Measured at Fair Value on a Recurring Basis
The following table presents the Company’s assets and liabilities that are carried at fair value by hierarchy levels (in thousands):
 
                         
                       
   
Total
   
Level 1
   
Level 2
   
Level 3
 
Assets
                       
Fixed maturities
                       
Government securities
  $ 87,366     $ 87,366     $ -     $ -  
Public utilities
    143,082       -       143,082       -  
Corporate securities
    1,141,267       -       1,141,267       -  
Residential mortgage-backed
    109,789       -       109,789       -  
Commercial mortgage-backed
    248,771       -       248,771       -  
Other asset-backed securities
    80,183       -       80,183       -  
Trading securities
    647       647       -       -  
GMIB reinsurance recoverable
    21,374       -       -       21,374  
Separate account assets (1)
    4,576,989       4,576,989       -       -  
Total
  $ 6,409,468     $ 4,665,002     $ 1,723,092     $ 21,374  
                                 
Liabilities
                               
GMWB reserves (2)
  $ 41,546     $ -     $ -     $ 41,546  
Separate account liabilities
    4,576,989       4,576,989       -       -  
Total
  $ 4,618,535     $ 4,576,989     $ -     $ 41,546  
   
                               
   
Total
   
Level 1
   
Level 2
   
Level 3
 
Assets
                               
Fixed maturities
                               
Government securities
  $ 86,872     $ 86,872     $ -     $ -  
Public utilities
    75,513       -       75,513       -  
Corporate securities
    1,075,315       -       1,075,315       -  
Residential mortgage-backed
    127,660       -       127,660       -  
Commercial mortgage-backed
    228,674       -       228,674       -  
Other asset-backed securities
    72,284       -       72,284       -  
Trading securities
    573       573       -       -  
GMIB reinsurance recoverable
    22,145       -       -       22,145  
Separate account assets (1)
    3,450,977       3,450,977       -       -  
Total
  $ 5,140,013     $ 3,538,422     $ 1,579,446     $ 22,145  
                                 
Liabilities
                               
GMWB reserves (2)
  $ 79,784     $ -     $ -     $ 79,784  
Separate account liabilities
    3,450,977       3,450,977       -       -  
Total
  $ 3,530,761     $ 3,450,977     $ -     $ 79,784  
                                 
         (1) The value of the separate account liabilities is set equal to the value of the separate account assets.
 
         (2) GMWB reserves are presented net of reinsurance ceded to Jackson to illustrate the net effect on Jackson-NY's results.
 
 
 
25

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements
 
Assets and Liabilities Measured at Fair Value Using Significant Unobservable Inputs (Level 3)

Level 3 Assets and Liabilities by Price Source
The table below presents the balances of Level 3 assets and liabilities measured at fair value with their corresponding pricing sources (in thousands).

                 
Assets
 
Total
   
Internal
   
External
 
GMIB reinsurance recoverable
  $ 21,374     $ 21,374     $ -  
                         
Liabilities
                       
GMWB reserves
  $ 41,546     $ 41,546     $ -  
 
Quantitative Information Regarding Internally-Priced Level 3 Assets and Liabilities
The table below presents quantitative information on significant internally-priced Level 3 assets and liabilties (in thousands).
 
     
   
Fair Value
 
Valuation
Technique(s)
 
Unobservable
Input(s)
 
Range
(Weighted Average)
 
Impact of Increase in
Input on Fair Value
 
Assets
                     
GMIB reinsurance recoverable
  $ 21,374  
Discounted cash flow
 
Policyholder behavior
 
See below
 
See below
 
                         
Liabilities
                       
GMWB reserves
  $ 41,546  
Discounted cash flow
 
Policyholder behavior
 
See below
 
See below
 
 
Sensitivity to Changes in Unobservable Inputs
The following is a general description of sensitivities of significant unobservable inputs and their impact on the fair value measurement, for the assets and liabilities reflected in the table above.

The GMIB reinsurance recoverable fair value calculation is based on the present value of future cash flows comprised of future expected reinsurance benefit receipts, less future attributed premium payments to reinsurers, over the lives of the contracts. Estimating these cash flows requires actuarially determined assumptions related to expectations concerning policyholder behavior. The more significant actuarial assumptions include benefit utilization, persistency, and mortality. In general, an increase (decrease) in assumed benefit utilization would increase (decrease) the fair value of the reinsurance recoverable; an increase (decrease) in assumed persistency would increase (decrease) the fair value of the reinsurance recoverable; and an increase (decrease) in assumed mortality would decrease (increase) the fair value of the reinsurance recoverable.

GMWB reserves classified in Level 3 represent the fair value of GMWB liabilities. These fair value calculations are based on the present value of future cash flows comprised of future expected benefit payments, less future attributed rider fees, over the lives of the contracts. Estimating these cash flows requires actuarially determined assumptions related to expectations concerning policyholder behavior. The more significant actuarial assumptions include benefit utilization, persistency, and mortality. In general, an increase (decrease) in assumed benefit utilization would increase (decrease) the fair value of the liabilities; an increase (decrease) in assumed persistency would increase (decrease) the fair value of the liabilities; and an increase (decrease) in assumed mortality would decrease (increase) the fair value of the liabilities.
 
 
26

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements

The tables below provide rollforwards for 2012 and 2011 of the financial instruments for which significant unobservable inputs (Level 3) are used in the fair value measurement. Gains and losses in the table below include changes in fair value due partly to observable and unobservable factors. Additionally, the Company’s policy for determining and disclosing transfers between levels is to recognize transfers using the beginning of period balances.
 
         
Total Realized/Unrealized Gains
(Losses) Included in
                   
                     
Purchases,
             
   
Fair Value
               
Sales,
         
Fair Value
 
   
as of
         
Other
   
Issuances
   
Transfers in
   
as of
 
   
January 1,
   
Net
   
Comprehensive
   
and
   
and/or out
   
December 31,
 
(in thousands)
 
2012
   
Income
   
Income
   
Settlements
   
of Level 3
   
2012
 
Assets
                                   
GMIB reinsurance recoverable
  $ 22,145     $ (771 )   $ -     $ -     $ -     $ 21,374  
                                                 
Liabilities
                                               
GMWB reserves
  $ (79,784 )   $ 38,238     $ -     $ -     $ -     $ (41,546 )
                                                 
                                                 
           
Total Realized/Unrealized Gains
(Losses) Included in
                         
                           
Purchases,
                 
   
Fair Value
                   
Sales,
           
Fair Value
 
   
as of
           
Other
   
Issuances
   
Transfers in
   
as of
 
   
January 1,
   
Net
   
Comprehensive
   
and
   
and/or out
   
December 31,
 
(in thousands)
    2011    
Income
   
Income
   
Settlements
   
of Level 3
    2011  
Assets
                                               
Fixed maturities
                                               
Corporate securities
  $ -     $ 6     $ -     $ (6 )   $ -     $ -  
GMIB reinsurance recoverable
    6,980       15,165       -       -       -       22,145  
                                                 
Liabilities
                                               
GMWB reserves
  $ (692 )   $ (79,092 )   $ -     $ -     $ -     $ (79,784 )
 
The components of the amounts included in purchases, issuances and settlements at December 31, 2011 shown above are as follows (in thousands):

 
Purchases
   
Sales
   
Issuances
   
Settlements
   
Total
 
Assets
                             
Fixed maturities
                             
Corporate securities
  $ -     $ (6 )   $ -     $ -     $ (6 )
Total
  $ -     $ (6 )   $ -     $ -     $ (6 )
 
For the years ended December 31, 2012 and 2011, there were no transfers into Level 3 and there were no transfers between Level 1 and 2 of the fair value hierarchy.

The portion of gains (losses) included in net income attributable to the change in unrealized gains and losses on Level 3 financial instruments still held at December 31, 2012 and 2011, was as follows (in thousands):
 
   
2012
   
2011
 
Assets
           
Corporate securities
  $ -     $ 6  
GMIB reinsurance recoverable
    (771 )     15,165  
                 
Liabilities
               
GMWB reserves   $ 38,238     $ (79,092 )
 
 
27

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements
 
Nonrecurring Fair Value Measurements
The table below presents the carrying amount and fair value by fair value hierarchy level of certain financial instruments that are not reported at fair value (in thousands).
 
           
 
Fair Value
Hierarchy Level
 
Carrying
Value
   
Fair
Value
   
Carrying
Value
   
Fair
Value
 
Assets
                         
Cash and cash equivalents
Level 1
  $ 105,956     $ 105,956     $ 73,287     $ 73,287  
Policy loans
Level 3
    301       301       269       269  
                                   
Liabilities
                                 
Annuity reserves (1)
Level 3
  $ 1,505,819     $ 1,583,153     $ 1,474,668     $ 1,357,534  
                                   
   (1) Annuity reserves represent only the components of deposits on investment contracts that are considered to be financial instruments.
 
 
5.
Deferred Policy Acquisition Costs and Deferred Sales Inducement Costs
 
The balances of and changes in deferred policy acquisition costs, as of and for the years ended December 31, were as follows (in thousands):
 
   
2012
   
2011
   
2010
 
Balance, beginning of year
  $ 227,263     $ 194,585     $ 186,477  
Deferrals of acquisition costs
    53,832       56,114       57,254  
Amortization related to:
                       
Operations
    (47,750 )     (3,019 )     (20,577 )
Net realized losses
    478       226       2,919  
Total amortization
    (47,272 )     (2,793 )     (17,658 )
Unrealized investment gains
    (17,185 )     (20,652 )     (31,496 )
Other
    -       9       8  
Balance, end of year
  $ 216,638     $ 227,263     $ 194,585  
 
 
28

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements
 
The balances of and changes in deferred sales inducement costs, as of and for the years ended December 31, were as follows (in thousands):
 
   
2012
   
2011
   
2010
 
Balance, beginning of year
  $ 11,172     $ 12,526     $ 14,084  
Deferrals of sales inducements
    3,586       4,371       5,065  
Amortization related to:
                       
Operations
    (3,786 )     (3,929 )     (3,517 )
Net realized losses
    39       20       272  
Total amortization
    (3,747 )     (3,909 )     (3,245 )
Unrealized investment gains
    (1,394 )     (1,816 )     (3,378 )
Balance, end of year
  $ 9,617     $ 11,172     $ 12,526  
 
6.
Reinsurance

The Company cedes reinsurance to unaffiliated insurance companies in order to limit losses from large exposures; however, if the reinsurer is unable to meet its obligations, the originating issuer of the coverage retains the liability. The Company reinsures certain of its risks to other reinsurers under a yearly renewable term or coinsurance basis. The Company monitors the financial strength rating of reinsurers on a monthly basis.

With the approval of the Superintendent of Insurance for the state of New York, Jackson-NY also cedes 90% of the guaranteed minimum withdrawal benefit associated with variable annuities issued prior to 2009 to its Parent. This agreement resulted in an initial gain to Jackson-NY of $0.9 million, which was deferred and included in other liabilities in the accompanying balance sheet. The deferred gain is being amortized into income over the life of the business. Premiums ceded to Jackson for guaranteed minimum withdrawal benefits were $6.5 million, $6.8 million and $6.9 million in 2012, 2011 and 2010, respectively.

The effect of reinsurance on premiums was as follows (in thousands):
 
   
Years Ended December 31,
 
       
2011
   
2010
 
Direct premiums
  $ 529     $ 523     $ 558  
Less reinsurance ceded:
                       
Life
    (443 )     (442 )     (438 )
Guaranteed annuity benefits
    (7,457 )     (7,850 )     (7,975 )
Net premiums
  $ (7,371 )   $ (7,769 )   $ (7,855 )
 
Components of the reinsurance recoverable were as follows (in thousands):
 
     
       
2011
 
Ceded reserves
  $ 55,985     $ 77,076  
Ceded claims liability
    90       125  
Ceded other
    4       9  
Total
  $ 56,079     $ 77,210  
 
Reserves ceded to the Parent totaled $32.3 million and $52.7 million at December 31, 2012 and 2011, respectively.
 
 
29

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements

The following table sets forth the Company’s net life insurance in-force (in thousands):

     
       
2011
 
Direct life insurance in-force
  $ 314,775     $ 329,196  
Amounts ceded to other companies
    (243,173 )     (255,574 )
Net life insurance in-force
  $ 71,602     $ 73,622  
 
7. 
Reserves for Future Policy Benefits and Claims Payable and Other Contract Holder Funds

The following table sets forth the Company’s reserves for future policy benefits and claims payable balances as of December 31 (in thousands):
 
   
2012
   
2011
 
Traditional life
  $ 2,611     $ 2,560  
Guarantee benefits
    81,698       140,430  
Claims payable
    24,043       27,086  
Other
    104       97  
Total
  $ 108,456     $ 170,173  
 
For traditional life insurance contracts, which include term and whole life, reserves are determined using the net level premium method and assumptions as of the issue date or acquisition date as to mortality, interest, persistency and expenses plus provisions for adverse deviation.

The Company’s liability for future policy benefits also includes liabilities for guarantee benefits related to certain nontraditional long-duration life and annuity contracts, which are further discussed in Note 8.

The following table sets forth the Company’s liabilities for deposits on investment contracts as of December 31 (in thousands):
 
   
2012
   
2011
 
Interest-sensitive life
  $ 7,412     $ 6,826  
Variable annuity fixed option
    857,077       792,322  
Fixed annuity
    691,512       719,021  
Total
  $ 1,556,001     $ 1,518,169  
 
For interest-sensitive life contracts, liabilities approximate the policyholder’s account value. For fixed annuities, the liability is the policyholder’s account value. At December 31, 2012, the Company had interest sensitive life business with minimum guaranteed interest rates ranging from 3.0% to 4.0%, with a 3.99% average guaranteed rate and fixed interest rate annuities with minimum guaranteed rates ranging from 1.0% to 3.0% and a 2.45% average guaranteed rate.

At December 31, 2012 and 2011, approximately 90% and 76%, respectively, of the Company’s interest sensitive life business account values correspond to crediting rates that are at the minimum guaranteed interest rates.
 
 
30

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements
 
At December 31, 2012 and 2011, approximately 80% and 79%, respectively, of the Company’s fixed interest rate annuity account values correspond to crediting rates that are at the minimum guaranteed interest rates. The following tables show the distribution of the fixed interest rate annuities’ account values within the presented ranges of minimum guaranteed interest rates at December 31 (in millions):
 
   
2012
 
   
Account Value
 
Minimum Guaranteed Interest Rate  
Fixed
   
Variable
   
Total
 
1.0%
  $ 16.1     $ 174.3     $ 190.4  
>1.0% - 2.0%
    99.4       296.5       395.9  
>2.0% - 3.0%
    521.9       386.3       908.2  
Total
  $ 637.4     $ 857.1     $ 1,494.5  
 
   
2011
 
   
Account Value
 
Minimum Guaranteed Interest Rate  
Fixed
   
Variable
   
Total
 
1.0%
  $ 7.1     $ 105.8     $ 112.9  
>1.0% - 2.0%
    104.9       301.1       406.0  
>2.0% - 3.0%
    559.3       385.5       944.8  
Total
  $ 671.3     $ 792.4     $ 1,463.7  
 
8. 
Certain Nontraditional Long-Duration Contracts and Variable Annuity Guarantees
 
The Company issues variable contracts through its separate accounts for which investment income and investment gains and losses accrue directly to, and investment risk is borne by, the contract holder (traditional variable annuities). The Company also issues variable annuity and life contracts through separate accounts where the Company contractually guarantees to the contract holder (variable contracts with guarantees) either a) return of no less than total deposits made to the contract adjusted for any partial withdrawals, b) total deposits made to the contract adjusted for any partial withdrawals plus a minimum return, or c) the highest contract value on a specified anniversary date adjusted for any withdrawals following the contract anniversary. These guarantees include benefits that are payable in the event of death (GMDB), annuitization (GMIB) or at specified dates during the accumulation period (GMWB).

The assets supporting the variable portion of both traditional variable annuities and variable contracts with guarantees are carried at fair value and reported as summary total separate account assets with an equivalent summary total reported for separate account liabilities. Liabilities for guaranteed benefits are general account obligations and are reported in reserves for future policy benefits and claims payable. Amounts assessed against the contract holders for mortality, administrative, and other services are reported in revenue. Changes in liabilities for minimum guarantees are reported within death, other policy benefits and change in policy reserves in the income statement. Separate account net investment income, net investment gains and losses, and the related liability changes are offset within the same line item in the income statements.
 
 
31

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements
 
At December 31, 2012 and 2011, the Company provided variable annuity contracts with guarantees, for which the net amount at risk (“NAR”) is the amount of guaranteed benefit in excess of current account value, as follows (dollars in millions):
 
                           
Average
                         
Period
                     
Weighted
   
until
   
Minimum
   
Account
   
Net Amount
   
Average
   
Expected
   
Return
   
Value
   
at Risk
   
Attained Age
   
Annuitization
Return of net deposits plus a minimum return
                           
GMDB
  0   $ 3,513.9     $ 67.5    
64.0 years
   
 
GMWB - Premium only
  0 %     274.4       9.2            
GMWB - For life
  0-5 %*     206.5       3.9            
Highest specified anniversary account value minus
                               
withdrawals post-anniversary
                               
GMDB
          988.8       75.7    
64.3 years
     
GMWB - Highest anniversary only
          214.3       27.2            
GMWB - For life
          61.6       10.5            
Combination net deposits plus minimum return, highest
                               
specified anniversary account value minus
                               
withdrawals post-anniversary
                               
GMIB
  0-6     120.4       36.6          
3.2 years
GMWB - For life
  0-8 %*     3,061.5       189.7            
                                 
                               
Average
                             
Period
                         
Weighted
   
until
   
Minimum
   
Account
   
Net Amount
   
Average
   
Expected
   
Return
   
Value
   
at Risk
   
Attained Age
   
Annuitization
Return of net deposits plus a minimum return
                               
GMDB
  0   $ 2,637.5     $ 147.5    
63.8 years
   
 
GMWB - Premium only
  0     275.0       20.5            
GMWB - For life
  0-5 %*     148.9       51.5            
Highest specified anniversary account value minus
                               
withdrawals post-anniversary
                               
GMDB
          812.8       141.6    
64.1 years
     
GMWB - Highest anniversary only
          201.6       46.8            
GMWB - For life
          60.2       16.7            
Combination net deposits plus minimum return, highest
                               
specified anniversary account value minus
                               
withdrawals post-anniversary
                               
GMIB
  0-6     118.1       43.2          
4.1 years
GMWB - For life
  0-8 %*     2,150.9       212.8            
                                 
* Ranges shown based on simple interest. The upper limits of 5% or 8% simple interest are approximately equal to 4.1% and 6%, respectively, on a compound interest basis over a typical 10-year bonus period.
 
 
32

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements
 
Amounts shown as GMWB above include a ‘not-for-life’ component up to the point at which the guaranteed withdrawal benefit is exhausted, after which benefits paid are considered to be ‘for-life’ benefits. The liability related to this ‘not-for-life’ portion is valued as an embedded derivative, while the ‘for-life’ benefits are valued as an insurance liability (see below). For this table, the net amount at risk of the ‘not-for-life’ component is the undiscounted excess of the guaranteed withdrawal benefit over the account value, and that of the ‘for-life’ component is the estimated value of additional life contingent benefits paid after the guaranteed withdrawal benefit is exhausted.
 
Account balances of contracts with guarantees were invested in variable separate accounts as follows (in millions):
 
   
December 31,
 
Fund type:
 
2012
   
2011
 
Equity
  $ 3,610.0     $ 2,718.9  
Bond
    490.1       354.9  
Balanced
    431.3       335.8  
Money market
    45.0       40.9  
Total
  $ 4,576.4     $ 3,450.5  
 
GMDB liabilities reflected in the general account were as follows (in millions):
 
   
2012
   
2011
   
2010
 
Balance at January 1
  $ 7.1     $ 4.1     $ 4.8  
Incurred guaranteed benefits
    2.4       4.4       2.5  
Paid guaranteed benefits
    (2.8 )     (1.4 )     (3.2 )
Balance at December 31
  $ 6.7     $ 7.1     $ 4.1  
 
The GMDB liability is determined by estimating the expected value of death benefits in excess of the projected account balance and recognizing the excess ratably over the accumulation period based on total expected assessments. The Company regularly evaluates estimates used and adjusts the liability balance through the income statement within death, other policy benefits and change in policy reserves, if actual experience or other evidence suggests that earlier assumptions should be revised.
 
The following assumptions and methodology were used to determine the GMDB liability at both December 31, 2012 and 2011 (except where noted):
 
1)    
Use of a series of deterministic investment performance scenarios, based on historical average market volatility.
2)    
Mean investment performance assumption of ­­8.4% after investment management fees, but before investment advisory fees and mortality and expense charges.
3)    
Mortality equal to 78.0% to 100% of the Annuity 2000 table at December 31, 2012, and 80% of the Annuity 2000 table at December 31, 2011.
4)    
Lapse rates varying by contract type, duration and degree the benefit is in-the-money and ranging from 0.50% to 40.0%, with an average of 4.0% during the surrender charge period and 9.0% thereafter at December 31, 2012 and from 0.13% to 44.0%, with an average of 4.0% during the surrender charge period and 11.0% thereafter at December 31, 2011.
5)    
Discount rate of 8.4%.

Most GMWB reserves are considered to be derivatives under current accounting guidance and are recognized at fair value, with the change in fair value reported in death, other policy benefits and change in policy reserves. The fair value of these liabilities is determined using stochastic modeling and inputs as further described in Note 4.  The GMWB reserve totaled $73.3 million and $132.0 million at December 31, 2012 and 2011, respectively, and was reported in reserves for future policy benefits and claims payable.
 
 
33

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements

Jackson-NY has also issued certain GMWB products that guarantee payments over a lifetime. Reserves for the portion of these benefits after the point where the guaranteed withdrawal balance is exhausted are calculated similar to the GMDB liability with the sole exception that the reserve calculation uses a series of stochastic investment performance scenarios. At December 31, 2012 and 2011, these GMWB reserves totaled $1.1 million and $0.8 million, respectively, and were reported in reserves for future policy benefits and claims payable.

The direct GMIB liability is determined at each period end by estimating the expected value of the annuitization benefits in excess of the projected account balance at the date of annuitization and recognizing the excess ratably over the accumulation period based on total expected assessments. The Company regularly evaluates estimates used and adjusts the liability balance through the income statement within death, other policy benefits and change in policy reserves, if actual experience or other evidence suggests that earlier assumptions should be revised. The assumptions used for calculating the direct GMIB liability at December 31, 2012 and 2011, are consistent with those used for calculating the GMDB liability. At December 31, 2012 and 2011, GMIB reserves totaled $0.6 million.

9.
Federal Income Taxes

The components of the provision for federal income taxes were as follows (in thousands):

   
Years Ended December 31,
 
       
2011
   
2010
 
Current tax expense
  $ 18,237     $ 4,285     $ 7,645  
Deferred tax benefit
    (845 )     (4,328 )     (2,507 )
                         
Income tax expense (benefit)
  $ 17,392     $ (43 )   $ 5,138  
 
The federal income tax provisions differ from the amounts determined by multiplying pretax income by the statutory federal income tax rate of 35% as follows (in thousands):

   
Years Ended December 31,
 
       
2011
   
2010
 
Income taxes at statutory rate
  $ 25,053     $ 2,765     $ 8,681  
Dividends received deduction
    (7,233 )     (3,301 )     (3,581 )
Other
    (428 )     493       38  
Income tax expense (benefit)
  $ 17,392     $ (43 )   $ 5,138  
                         
Effective tax rate
    24.3 %     -0.5 %     20.7 %
 
Federal income taxes paid to Jackson in 2012, 2011 and 2010 were $9.8 million, $9.3 million and $14.4 million, respectively.
 
 
34

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements
 
The tax effects of significant temporary differences that gave rise to deferred tax assets and liabilities were as follows (in thousands):
 
     
       
2011
 
Gross deferred tax asset
           
Difference between financial reporting and the tax basis of:
           
Policy reserves and other insurance items
  $ 74,019     $ 73,888  
Other-than-temporary impairments and other investment related items
    7,059       7,449  
Other, net
    3,257       686  
Total gross deferred tax asset
    84,335       82,023  
                 
Gross deferred tax liability
               
Difference between financial reporting and the tax basis of:
               
Deferred acquisition costs and sales inducements
    (69,990 )     (75,028 )
Net unrealized gains on available for sale securities
    (61,900 )     (39,247 )
Total gross deferred tax liability
    (131,890 )     (114,275 )
                 
Net deferred tax liability
  $ (47,555 )   $ (32,252 )
 
The Company is required to evaluate the recoverability of its deferred tax assets and establish a valuation allowance, if necessary, to reduce its deferred tax asset to an amount that is more likely than not to be realizable. Considerable judgment and the use of estimates are required when determining whether a valuation allowance is necessary and, if so, the amount of such valuation allowance. When evaluating the need for a valuation allowance, the Company considers many factors, including: the nature and character of the deferred tax assets and liabilities; taxable income in prior carryback years; future reversals of temporary differences; the length of time carryovers can be utilized; and any tax planning strategies the Company would employ to avoid a tax benefit from expiring unused. Although realization is not assured, management believes as of December 31, 2012, it is more likely than not that the deferred tax assets, will be realized. At December 31 2012 and 2011, the Company did not have a valuation allowance.

At December 31, 2012, the Company had federal tax capital loss carryforwards totaling $13.6 million, which begin expiring in 2014.

In August 2007, the Internal Revenue Service (“IRS”) issued Revenue Ruling 2007-54 that would have changed accepted industry and IRS interpretations of the statutes governing the computation of the Dividends Received Deduction ("DRD") on separate account assets held in connection with variable annuity and life contracts, but that ruling was suspended by Revenue Ruling 2007-61. Revenue Ruling 2007-61 also announced the Treasury Department's and the IRS's intention to issue regulations with respect to certain computational aspects of the DRD on separate account assets held in connection with variable contracts. Any regulations that the IRS ultimately proposes for issuance in this area will be subject to public notice and comment, at which time insurance companies and other interested parties will have the opportunity to raise legal and practical questions about the content, scope and application of such regulations. Although regulations that represent a substantial change in an interpretation of the law are generally given a prospective effective date, there is no assurance that the change will not be retrospectively applied. As a result, depending on the ultimate timing and substance of any such regulations, which are unknown at this time, such future regulations could result in the elimination of some or all of the separate account DRD tax benefit that the Company receives. In January 2010, Jackson-NY received a formal Notice of Assessment from the IRS disallowing the separate account DRD for 2003, 2005 and 2006. Jackson-NY did not agree with the assessment and filed a protest with the Appellate Division of the IRS. In February 2013, the IRS fully conceded the separate account DRD issue in favor of the Company after obtaining approval from the Joint Committee on Taxation.
 
 
35

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements
 
During 2011, Jackson-NY established a reserve for an unrecognized tax benefit as required for income tax uncertainties. The following table summarizes the changes in the Company’s unrecognized tax benefits, for the years ended December 31, 2012 and 2011 (in thousands).
 
   
2012
   
2011
 
Unrecognized tax benefit, beginning of year
  $ 2,036     $ -  
Additions for tax positions identified
    -       2,036  
Reduction of tax positions of closed prior years
    -       -  
Reduction of reserve (1)
    2,036       -  
Unrecognized tax benefit, end of year
  $ -     $ 2,036  
                 
(1) Elimination of reserve due to issuance of new IRS guidance.
         
 
The Company has considered both permanent and temporary positions in determining the unrecognized tax benefit rollforward. The total amount of unrecognized benefits represent tax positions for which there is uncertainty about the timing of certain deductions. The timing of such deductions would not affect the annual effective tax rate, excluding the impact of interest and penalties.

The Company has not recorded any amounts for penalties related to unrecognized tax benefits during 2012, 2011 or 2010.

Based on information available as of December 31, 2012, the Company believes that, in the next 12 months, there are no positions for which it is reasonably possible that the total amounts of unrecognized tax benefits will significantly increase or decrease.
 
10. 
Contingencies

In July 2011, the New York Insurance Department (Department) required that all life insurers transacting business in New York cross-check all life insurance policies, annuity contracts and beneficiary access accounts against the U.S. Social Security Administration’s Death Master File (“DMF”). The Department’s intent was for companies to identify death payments due on life policies or annuity contracts that have not been claimed. The Company reported initial findings to the Department on October 31, 2011. Monthly progress reports were filed with the Department with a final report submitted on July 31, 2012. Additionally, in May 2012, the New York State Department of Financial Services enacted regulations requiring all insurers to cross-check all life insurance policies and annuity contracts against the DMF on a quarterly basis. At December 31, 2012 and 2011, the Company believed the impact was immaterial to income and financial position and no accrual was established for these unreported claims.
 
11. 
Statutory Accounting Capital and Surplus

The declaration of dividends which can be paid by the Company is regulated by New York Insurance Law. The Company must file a notice of its intention to declare a dividend and the amount thereof with the Superintendent at least thirty days in advance of any proposed dividend declaration. Dividends are only payable out of earned surplus. The Company had no earned surplus at December 31, 2012 or 2011. No dividends were paid to Jackson in 2012, 2011 or 2010. No capital contributions were made in 2012, 2011 or 2010.

Statutory capital and surplus of the Company, as reported in its Annual Statement, was $317.0 million and $268.5 million at December 31, 2012 and 2011, respectively. Statutory net income of the Company, as reported in its Annual Statement, was $46.2 million, $15.9 million and $43.9 million in 2012, 2011 and 2010, respectively.
 
 
36

 
 
Jackson National Life Insurance Company of New York
(a wholly owned subsidiary of Jackson National Life Insurance Company)
Notes to Financial Statements

The NAIC has developed certain risk-based capital (“RBC”) requirements for life insurance companies. Under those requirements, compliance is determined by a ratio of a company’s total adjusted capital, calculated in a manner prescribed by the NAIC (“TAC”) to its authorized control level RBC, calculated in a manner prescribed by the NAIC (“ACL RBC”). Companies below specific trigger points or ratios are classified within certain levels, each of which requires specified corrective action. The minimum level of TAC before corrective action commences is twice ACL RBC (“Company action level RBC”). At December 31, 2012 and 2011, the Company’s TAC was more than 700% of the Company action level RBC.

12.
Other Related Party Transactions

The Company's investment portfolio is managed by PPM America, Inc. (“PPM”), a registered investment advisor and ultimately a wholly owned subsidiary of Prudential. The Company paid $1.3 million, $1.3 million and $1.2 million to PPM for investment advisory services during 2012, 2011 and 2010, respectively.

The Company has an administrative services agreement with Jackson, under which Jackson provides certain administrative services. Administrative fees were $10.6 million, $8.2 million and $7.0 million in 2012, 2011 and 2010, respectively.

13.
Benefit Plans

The Company participates in a defined contribution retirement plan covering substantially all employees, sponsored by its Parent. To be eligible to participate in the Company’s contribution, an employee must have attained the age of 21, completed at least 1,000 hours of service in a 12-month period and passed their 12-month employment anniversary. In addition, the employees must be employed on the applicable January 1 or July 1 entry date. The Company’s annual contributions are based on a percentage of eligible compensation paid to participating employees during the year. In addition, the Company matches a participant’s elective contribution, up to 6 percent of eligible compensation, to the plan during the year. The Company’s expense related to this plan was $256 thousand, $375 thousand and $255 thousand in 2012, 2011 and 2010, respectively.

The Company maintains non-qualified voluntary deferred compensation plans for certain employees, sponsored by its Parent. Additionally, the Company sponsors a non-qualified voluntary deferred compensation plan for certain agents, with the assets retained by Jackson under an administrative services agreement. At December 31, 2012 and 2011, Jackson’s liability for the Company’s portion of such plans totaled $1.5 million and $2.2 million, respectively. There was no expense related to these plans in 2012, 2011 or 2010.
 
 
37

 
 

 

PART C

OTHER INFORMATION


Item 24. Financial Statements and Exhibits

(a) Financial Statements:

(1) Financial statements and schedules included in Part A:

Not Applicable.

(2) Financial statements and schedules included in Part B:

JNLNY Separate Account I:

Independent Auditors’ Report
Statements of Assets and Liabilities as of December 31, 2012
Statements of Operations for the period ended December 31, 2012
Statements of Changes in Net Assets for the periods ended December 31, 2012, and 2011
Notes to Financial Statements

Jackson National Life Insurance Company of New York:

Report of Independent Registered Public Accounting Firm
Consolidated Balance Sheets as of December 31, 2012, and 2011
Consolidated Income Statements for the years ended December 31, 2012, 2011, and 2010
Consolidated Statements of Stockholder's Equity and Comprehensive Income for the years ended
Consolidated Statements of Cash Flows for the years ended December 31, 2012, 2011, and 2010
Notes to Consolidated Financial Statements

(b) Exhibits

Exhibit                                           Description
No.
 
 
1.
Resolution of Depositor's Board of Directors authorizing the establishment of the Registrant, incorporated herein by reference to the Registrant’s Registration Statement filed on October 3, 1997 (File Nos. 333-37175 and 811-08401).

2.
Not Applicable.

3.

a.  
Amended and Restated General Distributor Agreement dated June 1, 2006, incorporated herein by reference to the Registrant's Registration Statement filed on August 10, 2006 (File Nos. 333-136472 and 811-08401).

b.  
Selling Agreement between Jackson National Life Insurance Company of New York and Jackson National Life Distributors, LLC (N2565 01/12), incorporated herein by reference to Registrant’s Post-Effective Amendment No. 1, filed on April 25, 2012 (File Nos. 333-175720 and 811-08401).

c.  
Selling Agreement between Jackson National Life Insurance Company of New York and Jackson National Life Distributors, LLC (N2565 08/12), incorporated herein by reference to Registrant’s Post-Effective Amendment No. 4, filed on April 23, 2013 (File Nos. 333-183046 and 811-08401).

4.

a.  
Specimen of Tax Sheltered Annuity Endorsement, incorporated herein by reference to the Registrant’s Registration Statement filed on August 19, 2004 (File Nos. 333-118370 and 811-08401).

b.  
Specimen of Retirement Plan Endorsement, incorporated herein by reference to the Registrant’s Registration Statement filed on August 19, 2004 (File Nos. 333-118370 and 811-08401).

c.  
Specimen of Individual Retirement Annuity Endorsement, incorporated herein by reference to the Registrant’s Registration Statement filed on August 19, 2004 (File Nos. 333-118370 and 811-08401).

d.  
Specimen of Roth IRA Endorsement, incorporated herein by reference to the Registrant’s Registration Statement filed on August 19, 2004 (File Nos. 333-118370 and 811-08401).


e.  
Specimen of Charitable Remainder Trust Endorsement, incorporated herein by reference to the Registrant’s Pre-Effective Amendment filed on December 30, 2004 (File Nos. 333-119659 and 811-08401).

f.  
Specimen of the Highest Anniversary Value Death Benefit Option (HAV) Endorsement (7595NY 04/09), incorporated herein by reference to the Registrant's Post-Effective Amendment No. 38, filed on April 2, 2009 (File Nos. 333-70384 and 811-08401).

g.  
Specimen of DOMA Endorsement, incorporated herein by reference to Registrant's Initial Registration, filed on July 22, 2011 (File Nos. 333-175721 and 811-08401).

h.  
Specimen of Special Dollar Cost Averaging Endorsement (7408NY 02/06), to be incorporated by amendment.

i.  
Specimen of the Reduced Administration Charge Endorsement (7536 09/09), incorporated herein by reference to the Registrant’s Post-Effective Amendment No. 39, filed on September 24, 2009 (File Nos. 333-70384 and 811-08401).

j.  
Specimen of the [2%] Contract Enhancement Endorsement (7567NY 01/10), incorporated herein by reference to the Registrant’s Post-Effective Amendment No. 47, filed on April 30, 2010 (File Nos. 333-70384 and 811-08401).

k.  
Specimen of the [3%] Contract Enhancement Endorsement (7568NY 01/10), incorporated herein by reference to the Registrant’s Post-Effective Amendment No. 47, filed on April 30, 2010 (File Nos. 333-70384 and 811-08401).

l.  
Specimen of the [4%] Contract Enhancement Endorsement (7569NY 01/10), incorporated herein by reference to the Registrant’s Post-Effective Amendment No. 47, filed on April 30, 2010 (File Nos. 333-70384 and 811-08401).

m.  
Specimen of the Guaranteed Minimum Withdrawal Benefit With [5] Year Step-Up (SafeGuard Max) Endorsement (7633ANY-A 05/10), incorporated herein by reference to the Registrant’s Post-Effective Amendment No. 47, filed on April 30, 2010 (File Nos. 333-70384 and 811-08401).

n.  
Specimen of the Perspective II Fixed and Variable Annuity Contract (VA620NY), incorporated herein by reference to the Registrant’s Post-Effective Amendment No. 49, filed on October 5, 2010 (File Nos. 333-70384 and 811-08401).

o.  
Form of For Life Guaranteed Minimum Withdrawal Benefit With [5%] Bonus and Annual Step-Up (7640ANY-A 10/10), incorporated herein by reference to the Registrant’s Post-Effective Amendment No. 49, filed on October 5, 2010 (File Nos. 333-70384 and 811-08401).

p.  
Form of For Life Guaranteed Minimum Withdrawal Benefit With [5%] Bonus and Annual Step-Up to the Highest Quarterly Contract Value (7641ANY-A 10/10), incorporated herein by reference to the Registrant’s Post-Effective Amendment No. 49, filed on October 5, 2010 (File Nos. 333-70384 and 811-08401).

q.  
Form of Joint For Life Guaranteed Minimum Withdrawal Benefit With [5%] Bonus and Annual Step-Up (7642ANY-A 10/10), incorporated herein by reference to the Registrant’s Post-Effective Amendment No. 49, filed on October 5, 2010 (File Nos. 333-70384 and 811-08401).

r.  
Form of Joint For Life Guaranteed Minimum Withdrawal Benefit With [5%] Bonus and Annual Step-Up to the Highest Quarterly Contract Value (7643ANY-A 10/10), incorporated herein by reference to the Registrant’s Post-Effective Amendment No. 49, filed on October 5, 2010 (File Nos. 333-70384 and 811-08401).

s.  
Form of For Life Guaranteed Minimum Withdrawal Benefit With [6%] Bonus and Annual Step-Up (7646ANY-A 10/10), incorporated herein by reference to the Registrant’s Post-Effective Amendment No. 49, filed on October 5, 2010 (File Nos. 333-70384 and 811-08401).

t.  
Form of For Life Guaranteed Minimum Withdrawal Benefit With [6%] Bonus and Annual Step-Up to the Highest Quarterly Contract Value (7647ANY-A 10/10), incorporated herein by reference to the Registrant’s Post-Effective Amendment No. 49, filed on October 5, 2010 (File Nos. 333-70384 and 811-08401).

u.  
Form of Joint For Life Guaranteed Minimum Withdrawal Benefit With [6%] Bonus and Annual Step-Up (7648ANY-A 10/10), incorporated herein by reference to the Registrant’s Post-Effective Amendment No. 49, filed on October 5, 2010 (File Nos. 333-70384 and 811-08401).

v.  
Form of For Life Guaranteed Minimum Withdrawal Benefit With [7%] Bonus and Annual Step-Up (7652ANY-A 10/10), incorporated herein by reference to the Registrant’s Post-Effective Amendment No. 49, filed on October 5, 2010 (File Nos. 333-70384 and 811-08401).

w.  
Form of For Life Guaranteed Minimum Withdrawal Benefit With [7%] Bonus and Annual Step-Up to the Highest Quarterly Contract Value (7653ANY-A 10/10), incorporated herein by reference to the Registrant’s Post-Effective Amendment No. 49, filed on October 5, 2010 (File Nos. 333-70384 and 811-08401).

x.  
Specimen of [5%] Guaranteed Minimum Withdrawal Benefit with Annual Step-Up (AutoGuard 5) Endorsement (7659ANY-A 05/11), incorporated herein by reference to the Registrant’s Post-Effective Amendment No. 50, filed on January 20, 2011 (File Nos. 333-70384 and 811-08664.

y.  
Specimen of [6%] Guaranteed Minimum Withdrawal Benefit with Annual Step-Up (AutoGuard 6) Endorsement (7660ANY-A 05/11), incorporated herein by reference to the Registrant’s Post-Effective Amendment No. 50, filed on January 20, 2011 (File Nos. 333-70384 and 811-08664.

z.  
Specimen of 4 Year Withdrawal Charge Schedule Endorsement (7499NY 01/11), incorporated herein by reference to the Registrant’s Registration Statement, filed on March 16, 2011 (File Nos. 333-172873 and 811-08401).

aa.  
Specimen of Guaranteed Minimum Withdrawal Benefit for Stretch RMDs Endorsement (MarketGuard Stretch) (7668ANY A 04/12), incorporated herein by reference to Registrant’s Post-Effective Amendment No. 1, filed on April 25, 2012 (File Nos. 333-175720 and 811-08401).

bb.  
Form of Freedom Flex GMWB with HAV Death Benefit Endorsement (7675ANY-A 04/12), incorporated herein by reference to the Registrant’s Post-Effective Amendment No. 6, filed on January 20, 2012 (File Nos. 333-172873 and 811-08401).

cc.  
Form of For Life Guaranteed Minimum Withdrawal Benefit With Bonus, Annual Step-Up and Earnings-Sensitive Withdrawal Amount (LifeGuard Freedom 6 Net) Endorsement, incorporated herein by reference to Registrant’s Post-Effective Amendment, filed on October 5, 2010 (File Nos. 333-70384 and 811-08401).

dd.  
Form of Joint For Life Guaranteed Minimum Withdrawal Benefit With Bonus, Annual Step-Up and Earnings-Sensitive Withdrawal Amount (LifeGuard Freedom 6 Net with Joint Option) Endorsement, incorporated herein by reference to Registrant’s Post-Effective Amendment, filed on October 5, 2010 (File Nos. 333-70384 and 811-08401).

ee.  
Form of For Life Guaranteed Minimum Withdrawal Benefit With [5]% Bonus And Annual Step-Up Endorsement (7700ANY-A 04/13), incorporated herein by reference to Registrant’s Post-Effective Amendment No. 4, filed on April 23, 2013 (File Nos. 333-183046 and 811-08401).

ff.  
Form of For Life Guaranteed Minimum Withdrawal Benefit With [6]% Bonus And Annual Step-Up Endorsement (7701ANY-A 04/13), incorporated herein by reference to Registrant’s Post-Effective Amendment No. 4, filed on April 23, 2013 (File Nos. 333-183046 and 811-08401).

gg.  
Form of For Life Guaranteed Minimum Withdrawal Benefit With [7]% Bonus And Annual Step-Up Endorsement (7702ANY-A 04/13), incorporated herein by reference to Registrant’s Post-Effective Amendment No. 4, filed on April 23, 2013 (File Nos. 333-183046 and 811-08401).

hh.  
Form of For Life Guaranteed Minimum Withdrawal Benefit With [6]% Bonus, Annual Step-Up, And Highest Anniversary Value Death Benefit Endorsement (7712ANY-A 04/13), incorporated herein by reference to Registrant’s Post-Effective Amendment No. 4, filed on April 23, 2013 (File Nos. 333-183046 and 811-08401).

ii.  
Form of For Life Guaranteed Minimum Withdrawal Benefit With Bonus, Annual Step-Up And Earnings-Sensitive Withdrawal Amount Endorsement (7713ANY-A 04/13), incorporated herein by reference to Registrant’s Post-Effective Amendment No. 4, filed on April 23, 2013 (File Nos. 333-183046 and 811-08401).

jj.  
Form of Guaranteed Minimum Withdrawal Benefit Endorsement (7678ANY-A 04/13), incorporated herein by reference to Registrant’s Post-Effective Amendment No. 4, filed on April 23, 2013 (File Nos. 333-183046 and 811-08401).

5.

    a.  
Form of the Perspective II Fixed and Variable Annuity Application (NV7173 09/12), incorporated herein by reference to Registrant’s Registration Statement, filed on September 4, 2012 (File Nos. 333-183047 and 811-08401).

     b.
 Form of the Perspective II Fixed and Variable Annuity Application (NV7173 04/13), attached hereto.

6.

a.  
Declaration and Charter of Depositor, incorporated herein by reference to Registrant's to the Registrant’s Registration Statement filed on October 3, 1997 (File Nos. 333-37175 and 811-08401).

b.  
By-laws of Depositor, incorporated herein by reference to the Registrant’s Registration Statement filed on October 3, 1997 (File Nos. 333-37175 and 811-08401).

c.  
Amended By-Laws of Jackson National Life Insurance Company of New York, incorporated herein by reference to Registrant’s Post-Effective Amendment No. 4, filed on April 23, 2013 (File Nos. 333-183046 and 811-08401).

7.
Not Applicable.

8.
Amended and Restated Administrative Services Agreement between Jackson National Asset Management, LLC and Jackson National Life Insurance Company, incorporated herein by reference to Registrant’s Post-Effective Amendment No. 4, filed on April 23, 2013 (File Nos. 333-183048 and 811-08664).

9.              Opinion and Consent of Counsel, attached hereto.

10.              Consent of Independent Registered Public Accounting Firm, attached hereto.

11.              Not Applicable.

12.              Not Applicable.

Item 25. Directors and Officers of the Depositor

Name and Principal Business Address
Positions and Offices with Depositor
   
Director
4A Rivermere Apartments
 
 
   
Director
20434 Crestview Drive
 
Reed City, MI 49777
 
   
Director
200 Manor Road
 
 
   
Director
220 West Congress
 
 
   
Director
1640 Haslett Road, Suite 160
 
 
   
Richard David Ash
Senior Vice President, Chief Actuary & Appointed
1 Corporate Way
Actuary
 
   
Savvas (Steve) Panagiotis
Vice President
Binioris
 
1 Corporate Way
 
 
   
Michele M. Binkley
Vice President
1 Corporate Way
 
 
   
Dennis Allen Blue
Vice President
1 Corporate Way
 
 
   
Barrett M. Bonemer
Vice President
1 Corporate Way
 
 
   
Jeffrey Ross Borton
Vice President
1 Corporate Way
 
 
   
David L. Bowers
Vice President
300 Innovation Drive
 
 
   
John Howard Brown
Vice President & Director
1 Corporate Way
 
 
   
James T. Carter
Vice President
1 Corporate Way
 
 
   
David A. Collins
Vice President
1 Corporate Way
 
 
   
Michael Alan Costello
Senior Vice President, Controller, Treasurer & Director
1 Corporate Way
 
 
   
Joseph Mark Clark
Senior Vice President, Chief Information Officer
1 Corporate Way
& Director
 
   
James Bradley Croom
Vice President
1 Corporate Way
 
 
   
Phillip Brian Eaves
Vice President
1 Corporate Way
 
 
   
Charles Fox Field, Jr.
Vice President
6550 Carothers Pkwy.
 
Suite 170
 
 
   
Dana R. Malesky Flegler
Vice President
1 Corporate Way
 
 
   
James Douglas Garrison
Vice President
1 Corporate Way
 
 
   
Julia Anne Goatley
Vice President, Assistant Secretary &
1 Corporate Way
Director
 
   
Matthew Phillip Gonring
Vice President
300 Innovation Drive
 
 
   
John A. Gorgenson, Jr.
Vice President
1 Corporate Way
 
 
   
Robert William Hajdu
Vice President
1 Corporate Way
 
 
   
Laura Louise Hanson
Vice President & Director
1 Corporate Way
 
 
   
Robert L. Hill
Vice President
1 Corporate Way
 
 
   
Herald Dean Hosfield
Vice President
1 Corporate Way
 
 
   
Clifford James Jack
Executive Vice President,
7601 Technology Way
Head of Retail, Chairman & Director
 
   
Scott Francis Klus
Vice President
1 Corporate Way
 
 
   
Herbert George May III
Chief Administrative Officer &
275 Grove St Building
Director
4th floor
 
 
   
Machelle Antoinette McAdory
Senior Vice President
1 Corporate Way
 
 
   
Diahn M. McHenry
Vice President
1 Corporate Way
 
 
   
Thomas John Meyer
Senior Vice President, General
1 Corporate Way
Counsel, Secretary & Director
 
   
Karen M. Minor
Vice President
1 Corporate Way
 
 
   
Keith Richard Moore
Senior Vice President
1 Corporate Way
 
 
   
Paul Chad Myers
Executive Vice President and Chief Financial Officer
1 Corporate Way
 
 
   
Russell Erwin Peck
Vice President
1 Corporate Way
 
 
   
Laura Louene Prieskorn
Senior Vice President
1 Corporate Way
 
 
   
Dana S. Rapier
Vice President
1 Corporate Way
 
 
   
William Robert Schulz
Vice President
1 Corporate Way
 
 
   
Muhammad Sajid Shami
Vice President
1 Corporate Way
 
 
   
James Ronald Sopha
Chief Operating Officer
1 Corporate Way
 
 
   
Kenneth Harold Stewart
Senior Vice President
1 Corporate Way
 
 
   
Heather Rachelle Strang
Vice President
1 Corporate Way
 
 
   
Marcia Lynn Wadsten
Vice President
1 Corporate Way
 
 
   
Bonnie Goshlin Wasgatt
Vice President
300 Innovation Drive
 
 
   
Michael Andrew Wells
President & Chief Executive Officer
300 Innovation Drive
 
 

Item 26. Persons Controlled by or Under Common Control with the Depositor or Registrant.

 
Company
 
 
State of Organization
 
 
Control/Ownership
 
Allied Life Brokerage Agency, Inc.
 
Iowa
 
100% Jackson National Life Insurance Company
 
 
Ascent Holdings Limited
 
 
England
 
50% Prudential Property Investment Managers Limited
 
 
Ascent Insurance Brokers (Corporate) Limited
 
 
England
 
100% Ascent Insurance Brokers Limited
 
Ascent Insurance Brokers Limited
 
England
 
 
100% Ascent Holdings  Limited
 
 
Ascent Insurance Management Limited
 
 
England
 
100% Ascent Holdings Limited
 
BOCI – Prudential Asset Management Limited
 
Hong Kong
 
36% Prudential Corporation Holdings Limited
 
 
BOCI – Prudential Trustee Limited
 
Hong Kong
 
 
36% Prudential Corporation Holdings Limited
 
 
Brooke LLC
 
Delaware
 
100% Prudential (US Holdco2) Limited
 
 
Brooke (Holdco1) Inc.
 
 
Delaware
 
100% Prudential (US Holdco 1) Limited
 
Brooke Holdings LLC
 
 
Delaware
 
100% Nicole Finance Inc.
 
Brooke Holdings (UK)
 
 
United Kingdom
 
100% Brooke UK LLC
 
Brooke (Jersey) Limited
 
 
Jersey
 
100%  Prudential (US Holdco 2) Limited
 
 
Brooke Life Insurance Company
 
 
Michigan
 
100% Brooke Holdings LLC
 
Brooke UK LLC
 
Delaware
 
100% Brooke (Holdco 1) Inc.
 
 
CIMPL Pty Limited
 
Australia
 
100% PPM Capital (Holdings) Limited
 
 
CITIC  Prudential Life Insurance Company Limited
 
China
 
50% Prudential Corporation Holdings Limited
 
 
CITIC – Prudential Fund Management Company Limited
 
China
 
49% Prudential Corporation Holdings Limited
 
 
CSU One Limited
 
United Kingdom
 
 
100% Prudential Group Holdings Limited
 
Calvin Asset Management Limited
 
 
England
 
100% Calvin Capital Limited
 
 
Calvin Capital Limited
 
 
England
 
100% Marlin Acquisitions Holdings Limited
 
 
Canada Property (Trustee) No 1 Limited
 
 
Jersey
 
100% Canada Property Holdings Limited
 
Canada Property Holdings Limited
 
England
 
100% M&G Limited
 
 
Curian Capital, LLC
 
 
Michigan
 
100% Jackson National Life Insurance Company
 
 
Curian Clearing LLC
 
 
Michigan
 
100% Jackson National Life Insurance Company
 
 
Earth and Wind Energias Removables, S.L.
 
 
Spain
 
100% Infracapital Solar B.V.
 
Eastspring Investments (Hong Kong) Limited
 
Hong Kong
 
100% Prudential Corporations Holdings Limited
 
 
Eastspring Investments (UK) Limited
 
 
England
 
100% Prudential Corporations Holdings Limited
 
 
Eastspring Investments Fund Management Limited Liability Company
 
 
Vietnam
 
100% Prudential Vietnam Assurance Private Ltd
 
Eastspring Securities Investment Trust Co. Ltd.
 
 
Taiwan
 
99.54% Prudential Corporation Holdings Limited
 
FA II Limited
 
England
 
100% FA III Limited
 
 
FA III Limited
 
England
 
100% Infracapital Nominees Limited
 
 
Falcon Acquisitions Limited
 
 
England
 
 
100% FA II Limited
 
 
Falcon Acquisitions Holdings  Limited
 
 
England
 
100% Infracapital Nominees Limited
 
First Dakota, Inc.
 
North Dakota
 
100% IFC Holdings, Inc.
 
 
First Dakota of Montana, Inc.
 
 
Montana
 
100% IFC Holdings, Inc.
 
First Dakota of New Mexico, Inc.
 
 
New Mexico
 
100% IFC Holdings, Inc.
 
First Dakota of Texas, Inc.
 
 
Texas
 
100% IFC Holdings, Inc.
 
First Dakota of Wyoming, Inc.
 
 
Wyoming
 
100% IFC Holdings, Inc.
 
Furnival Insurance Company PCC Limited
 
 
Guernsey
 
100% Prudential Corporation Holdings Limited
 
GS Twenty Two Limited
 
 
England
 
 
100% Prudential Group Holdings Limited
 
 
Geoffrey Snushall Limited
 
 
England
 
 
100% Snushalls Team Limited
 
Giang Vo Development JV Company
 
 
Vietnam
 
65% Prudential Vietnam Assurance Private Limited
 
Hermitage Management, LLC
 
Michigan
 
100% Jackson National Life Company Insurance
 
 
Holborn Bars Nominees Limited
 
 
England
 
100% M&G Investment Management Limited
 
 
Holborn Delaware LLC
 
 
Delaware
 
100% Prudential Four Limited
 
 
Holborn Finance Holding Company
 
 
England
 
100% Prudential Securities Limited
 
Hyde Holdco 1 Limited
 
 
England
 
100% Prudential Corporation Holdings Limited
 
 
Hyde Holdco 3 Limited
 
 
England
 
100% Prudential Capital Holding Company Limited
 
 
ICICI Prudential Asset Management Company Limited
 
 
India
 
49% Prudential Corporation Holdings Limited
 
ICICI Prudential Life Insurance Company Limited
 
 
India
 
25.96% Prudential Corporation Holdings Limited
 
ICICI Prudential Pension Funds Management Company Ltd.
 
India
 
100% ICICI Prudential Life Insurance Company Limited
 
 
ICICI Prudential Trust Limited
 
 
India
 
49% Prudential Corporation Holdings Limited
 
 
IFC Holdings, Inc.
d/b/a INVEST Financial Corporation
 
 
Delaware
 
100% National Planning Holdings Inc.
 
INVEST Financial Corporation Insurance Agency Inc. of Alabama
 
 
Alabama
 
100% INVEST Financial Corporation Insurance Agency, Inc. of Delaware
 
INVEST Financial Corporation Insurance Agency Inc. of Connecticut
 
 
Connecticut
 
100% INVEST Financial Corporation Insurance Agency, Inc. of Delaware
 
INVEST Financial Corporation Insurance Agency Inc. of Delaware
 
 
Delaware
 
100% IFC Holdings, Inc. d/b/a INVEST Financial Corporation
 
INVEST  Financial Corporation Insurance Agency Inc. of Georgia
 
 
Georgia
 
100% INVEST Financial Corporation Insurance Agency Inc. of Delaware
 
INVEST Financial Corporation Insurance Agency Inc. of Illinois
 
 
Illinois
 
100% INVEST Financial Corporation Insurance Agency Inc. of Delaware
 
INVEST Financial Corporation Insurance Agency Inc. of Maryland
 
 
Maryland
 
100% INVEST Financial Corporation Insurance Agency Inc. of Delaware
 
INVEST Financial Corporation Insurance Agency Inc. of Massachusetts
 
Massachusetts
 
 
100% INVEST Financial Corporation Insurance Agency Inc. of Delaware
 
INVEST Financial Corporation Insurance Agency Inc. of Montana
 
 
Montana
 
100% INVEST Financial Corporation Insurance Agency Inc. of Delaware
 
INVEST Financial Corporation Insurance Agency Inc. of Nevada
 
 
Nevada
 
100% INVEST Financial Corporation Insurance Agency Inc. of Delaware
 
INVEST Financial Corporation Insurance Agency Inc. of New Mexico
 
 
New Mexico
 
100% INVEST Financial Corporation Insurance Agency Inc. of Delaware
 
INVEST Financial Corporation Insurance Agency Inc. of Ohio
 
 
Ohio
 
100% INVEST Financial Corporation Insurance Agency Inc. of Delaware
 
INVEST Financial Corporation Insurance Agency Inc. of Oklahoma
 
 
Oklahoma
 
100% INVEST Financial Corporation Insurance Agency Inc. of Delaware
 
INVEST Financial Corporation Insurance Agency Inc. of South Carolina
 
 
South Carolina
 
100% INVEST Financial Corporation Insurance Agency Inc. of Delaware
 
INVEST Financial Corporation Insurance Agency Inc. of Texas
 
 
Texas
 
100% INVEST Financial Corporation Insurance Agency Inc. of Delaware
 
INVEST Financial Corporation Insurance Agency Inc. of Wyoming
 
 
Wyoming
 
100% INVEST Financial Corporation Insurance Agency Inc. of Delaware
 
INVEST Financial Corporation Insurance Agency PA of Mississippi
 
 
Mississippi
 
100% INVEST Financial Corporation Insurance Agency Inc. of Delaware
 
Infracapital CI II Limited
 
Scotland
 
100% M&G Limited
 
 
Infracapital EF II Limited
 
Scotland
 
100% M&G Limited
 
 
Infracapital Employee Feeder GP Limited
 
 
Scotland
 
100% M&G Limited
 
 
Infracapital F1 S.a.r.l.
 
Luxembourg
 
100% Infracapital F1 Holdings S.a.r.l
 
 
Infracapital F1 Holdings S.a.r.l.
 
Luxembourg
 
 
100% Infracapital Nominees Limited
 
Infracapital GP Limited
 
 
England
 
 
100% M&G Limited
 
Infracapital GP II Limited
England
 
100% M&G Limited
 
 
Infracapital Nominees Limited
 
England
 
 
100% M&G Limited
 
Infracapital SLP Limited
 
England
 
 
100% M&G Limited
 
 
Infracapital Solar B.V.
 
Netherlands
 
100% Infracapital F1 S.a.r.l.
 
 
Innisfree M&G PPP LLP
 
 
England
 
 
35% M&G IMPPP1 Limited
 
Investment Centers of America, Inc.
 
 
North Dakota
 
100% IFC Holdings, Inc.
 
 
Jackson National Asset Management, LLC
 
 
Michigan
 
100% Jackson National Life Insurance Company
 
 
Jackson National Life (Bermuda) Ltd.
 
 
Bermuda
 
100% Jackson National Life Insurance Company
 
 
Jackson National Life Distributors LLC
 
 
Delaware
 
100% Jackson National Life Insurance Company
 
 
Jackson National Life Insurance Company of New York
 
 
New York
 
100% Jackson National Life Insurance Company
 
 
JNL Southeast Agency, LLC
 
 
Michigan
 
100% Jackson National Life Insurance Company
 
 
M&G (Guernsey) Limited
 
 
Guernsey
 
100% M&G Limited
 
 
M&G Financial Services Limited
 
 
United Kingdom
 
100% M&G Limited
 
M&G Founders 1 Limited
 
 
United Kingdom
 
100% M&G Limited
 
M&G General Partner Inc.
 
 
Cayman Islands
 
100% M&G Limited
 
M&G Group Limited
 
 
England
 
 
100% Prudential plc
 
M&G IMPPP 1 Limited
 
 
United Kingdom
 
100% M&G Limited
 
 
M&G International Investments Limited
 
 
England
 
100% M&G Limited
 
M&G International Investments Limited
 
Austria
(Representative Bureau)
 
 
100% M&G International Investments Limited
 
M&G International Investments Limited
 
 
France
(Representative Bureau)
 
 
100% M&G International Investments Limited
 
M&G International Investments Limited
 
Germany
(Branch only)
 
 
100% M&G International Investments Limited
 
 
M&G International Investments Limited
 
 
Italy
(Branch only)
 
 
100% M&G International Investments Limited
 
M&G International Investments Limited
 
 
Spain
(Representative Bureau)
 
 
100% M&G International Investments Limited
 
M&G International Investments Nominees Limited
 
 
England
 
100% M&G International Investments Limited
 
M&G Investment Management Limited
 
 
England
 
100% M&G Limited
 
M&G Investments (Singapore) Pte. Ltd.
 
 
Singapore
 
100% M&G Limited
 
M&G Limited
 
 
England
 
 
100% M&G Group Limited
 
 
M&G Management Services Limited
 
 
England
 
100% M&G Limited
 
M&G Nominees Limited
 
 
United Kingdom
 
100% M&G Limited
 
M&G Pensions and Annuity Company Limited
 
 
United Kingdom
 
100% M&G Limited
 
M&G RED Employee Feeder GP Limited
 
 
Scotland
 
100% M&G Limited
 
M&G RED GP Limited
 
 
Guernsey
 
100% M&G Limited
 
M&G RED SLP GP Limited
 
 
Scotland
 
100% M&G Limited
 
M&G Real Estate Finance 1 Co S.a.r.l
 
 
Luxemborg
 
100% M&G RED GP Limited
 
 
M&G Securities Limited
 
 
United Kingdom
 
100% M&G Limited
 
M&G Support Services Limited
 
 
United Kingdom
 
100% M&G Limited
 
MM&S (2375) Limited
 
 
Scotland
 
100% The Prudential Assurance Company Limited
 
 
Marlin Acquisitions Holdings Limited
 
 
England
 
100% Infracapital GP Limited
 
Mission Plans of America, Inc.
 
Texas
 
100% Jackson National Life Insurance Company
 
 
National Planning Corporation
 
 
Delaware
 
100% National Planning Holdings, Inc.
 
 
National Planning Corporation Insurance Agency Inc. of Nevada
 
 
Nevada
 
100% National Planning Corporation
 
National Planning Holdings, Inc.
 
 
Delaware
 
100% Brooke Holdings LLC
 
 
National Planning Insurance Agency Inc.
 
 
Alabama
 
100% National Planning Corporation
 
National Planning Insurance Agency Inc.
 
 
Florida
 
100% National Planning Corporation
 
National Planning Insurance Agency Inc.
 
 
Georgia
 
100% National Planning Corporation
 
 
National Planning Insurance Agency Inc.
 
 
Idaho
 
100% National Planning Corporation
 
 
National Planning Insurance Agency Inc.
 
 
Massachusetts
 
100% National Planning Corporation
 
National Planning Insurance Agency Inc.
 
 
Montana
 
100% National Planning Corporation
 
National Planning Insurance Agency Inc.
 
 
Oklahoma
 
100% National Planning Corporation
 
National Planning Insurance Agency Inc.
 
 
Texas
 
100% National Planning Corporation
 
National Planning Insurance Agency Inc.
 
Wyoming
 
100% National Planning Corporation
 
 
Nicole Finance Inc.
 
 
Delaware
 
100% Brooke UK LLC
 
North Sathorn Holdings Company Limited
 
 
Thailand
 
100% Prudential Corporation Holdings Limited
Northstreet IP Services Singapore Pte Ltd.
Singapore
 
100% Prudential Singapore Holdings Pte Limited
 
 
Nova Sepadu Sdn Bhd
 
 
Malaysia
 
96% Sri Han Suria Sdn Berhad
 
P&A Holdco Limited
 
England
 
100% Prudential Group Holdings Limited
 
 
P&A Opco Limited
 
 
England
 
100% P&A Holdco Limited
 
PCA Asset Management Limited
 
 
Japan
 
100% Prudential Corporation Holdings Limited
 
 
PCA Asset Management Co. Ltd.
 
Korea
 
100% Prudential Corporation Holdings Limited
 
 
PCA Life Assurance Company Limited
 
 
Taiwan
 
99.81% Prudential Corporation Holdings Limited
 
PCA Life Insurance Company Limited (Japan)
 
 
Japan
 
100% Prudential Corporation Holdings Limited
 
PCA Life Insurance Company Limited (Korea)
 
Korea
 
 
100% Prudential Corporation Holdings Limited
 
PGDS (UK One) Limited
 
 
England
 
 
100% Prudential Group Holdings  Limited
 
PGDS (UK Two) Limited
 
 
England
 
 
100% PDGS (UK One) Limited
 
PGDS (US One) LLC
 
 
Delaware
 
100% Jackson National Life Insurance Company
 
 
PPEM Pte. Limited
 
 
Singapore
 
100% Prudential Singapore Holdings Pte Limited
 
PPM America, Inc.
 
 
Delaware
 
100% PPM Holdings, Inc.
 
 
PPM Capital (Holdings) Limited
 
 
England
 
 
100% M&G Limited
 
PPM Finance, Inc.
 
Delaware
 
 
100% PPM Holdings, Inc.
 
PPM Holdings, Inc.
 
 
Delaware
 
100% Brooke Holdings LLC
 
 
PPM Ventures (Asia) Limited
 
 
Hong Kong
 
100% PPM Capital (Holdings) Limited
 
PPMC First Nominees Limited
 
 
England
 
 
100% M&G Limited
 
PPS Five Limited
 
 
England
 
 
100% Reeds Rains Prudential Limited
 
 
PPS Nine Limited
 
 
United Kingdom
 
100% Prudential Property Services Limited
 
 
PPS Twelve Limited
 
United Kingdom
 
100% Prudential Property Services Limited
 
 
PRUPIM France
 
France
(Branch Only)
 
 
100% Prudential Property Investment Managers Limited
 
 
PT  Paja Indonesia
 
 
Indonesia
 
100% PT Prudential Life Assurance
 
PT Prudential Asset Management Indonesia
 
 
Indonesia
 
99% Prudential Asset Management (Hong Kong) Limited
 
 
PT Prudential Life Assurance
 
 
Indonesia
 
94.6% Prudential Corporation Holdings  Limited
 
 
PVM Partnerships Limited
 
 
United Kingdom
 
100% The Prudential Assurance Company Limited
 
 
Pacus (UK) Limited
 
United Kingdom
 
 
100% The Prudential Assurance Company Limited
 
Park Avenue (Singapore Two) Limited
 
 
Gibraltar
 
100% Prudential Group Holdings Limited
 
 
Pru Life Assurance Limited
 
Singapore
 
100% Prudential Singapore Holdings Pte Limited
 
 
Pru Life Insurance Corporation of UK
 
 
Philippines
 
100% Prudential Corporation Holdings Limited
 
Pru Pte Limited
 
 
Singapore
 
100% Prudential Singapore Holdings Pte Limited
 
Prudence Foundation Limited
 
 
Hong Kong
 
100% Prudential Corporation Holdings Limited
 
 
Prudential (AN) Limited
 
 
United Kingdom
 
100% The Prudential Assurance Company Limited
 
 
Prudential (B1) Limited
 
 
Gibraltar
 
100% Prudential (Netherlands) BV
 
Prudential (B2) Limited
 
 
Gibraltar
 
100% Prudential (Netherlands) BV
 
Prudential (Gibraltar Five)
 
 
Gibraltar
 
100% Prudential (Gibraltar Four) Limited
 
 
Prudential (Gibraltar Four)
 
 
Gibraltar
 
100% Prudential (US Holdco 1) Limited
 
 
Prudential (Gibraltar Three)
 
 
Gibraltar
 
100% Prudential (Gibraltar Four) Limited
 
 
Prudential (Gibraltar Two) S.a.r.l.
 
Luxembourg
 
 
100% Prudential Capital Holding Company Limited
 
 
Prudential (Gibraltar) Limited
 
 
Gibraltar
 
100% Prudential Group Holdings Limited
 
 
Prudential (Namibia) Unit Trusts Limited
 
Namibia
 
 
93% Prudential Portfolio Managers (Namibia) (Pty) Limited
 
Prudential (Netherlands One) Limited
 
 
England
 
100% Prudential Group Holdings Limited
 
Prudential (Netherlands) BV
 
 
Netherlands
 
100% Prudential Group Holdings Limited
 
 
Prudential (US Holdco 1) Limited
 
England
 
 
100% Prudential US Limited
 
 
Prudential (US Holdco 2)
 
 
Gibraltar
 
100% Holborn Delaware LLC
 
Prudential / M&G UKCF GP Limited
 
 
England
 
100% M&G Limited
 
Prudential Al-Wara’ Asset Management Berhad
 
 
Malaysia
 
100% Prudential Corporation Holdings Limited
 
Prudential Annuities Limited
 
 
England
 
100% The Prudential Assurance Company Limited
 
 
Prudential Asset Management (Hong Kong) Limited
 
 
Hong Kong
 
100% Prudential Corporation Holdings Limited
 
Prudential Asset  Management (Singapore) Limited
 
 
Singapore
 
100% Prudential Singapore Holdings Pte Limited
 
Prudential Asset Management Limited
 
 
United Arab Emirates
 
100% Prudential Corporation Holdings Limited
 
Prudential Assurance Company Singapore (Pte) Limited
 
 
Singapore
 
100% Prudential Singapore Holdings Pte Limited
 
Prudential Assurance Malaysia Bhd
 
 
Malaysia
 
100% Sri Han Suria Sdn Berhad
 
Prudential Assurance Singapore (Property Services) Pte Limited
 
 
Singapore
 
100% Prudential Singapore Holdings Pte Limited
 
Prudential Atlantic Reinsurance Company Limited
 
 
Ireland
 
100% Prudential Corporation Holdings Limited
 
Prudential Australia One Limited
 
 
England
 
100% Prudential Corporation Holdings Limited
 
 
Prudential BSN Takaful Berhad
 
 
Malaysia
 
49% Prudential Corporation Holdings Limited
 
 
Prudential Capital (Singapore) Pte.  Ltd.
 
 
Singapore
 
 
100% Prudential Capital Holding Company Ltd.
 
Prudential Capital Holding Company Limited
 
 
England
 
100% Prudential plc
 
Prudential Capital PLC
 
England
 
100% Prudential Capital Holding Company Limited
 
 
Prudential Capital Luxembourg S.a.r.l.
 
 
Luxembourg
 
100% Prudential Capital Holding Company Ltd.
 
Prudential Corporate Pensions Trustee Limited
 
 
England
 
100% The Prudential Assurance Company Limited
 
Prudential Corporation Asia Limited
 
 
Hong Kong
 
100% Prudential Corporation Holdings Limited
 
 
Prudential Corporation Australasia Holdings Pty Limited
 
 
Australia
 
100% Prudential Group Holdings Limited
 
Prudential plc
 
 
England
 
 
Publicly Traded
 
Prudential Corporation Holdings Limited
 
 
England
 
 
100% Prudential Holdings Limited
 
 
Prudential Corporation Limited
 
 
England
 
 
100% Prudential Group Holdings Limited
 
 
Prudential Distribution Limited
 
 
Scotland
 
100% Prudential Financial Services Limited
 
 
Prudential Europe Assurance Holdings plc
 
 
Scotland
 
100% MM&S (2375) Limited
 
Prudential Finance BV
 
Netherlands
 
100% Prudential Corporation Holdings Limited
 
 
Prudential Financial Services Limited
 
 
England
 
100% Prudential plc
 
Prudential Five Limited
 
 
England
 
 
100% Prudential Group Holdings Limited
 
 
Prudential Four Limited
 
England
 
 
100% Prudential Group Holdings Limited
 
Prudential Fund Management Berhad
 
 
Malaysia
 
100% Nova Sepadu Sdn Bhd
 
Prudential Fund Management Services Private Limited
 
 
Singapore
 
100% Prudential Singapore Holdings Pte Limited
 
Prudential GP Limited
 
 
Scotland
 
100% M&G Limited
 
Prudential General Insurance Hong Kong Limited
 
 
Hong Kong
 
100% The Prudential Assurance Company Limited
 
Prudential Group Holdings Limited
 
 
England
 
100% Prudential plc
 
Prudential Group Pensions Limited
 
 
England
 
100% Prudential Financial Services Limited
 
 
Prudential Group Secretarial Services Limited
 
 
England
 
100% Prudential Group Holdings Limited
 
Prudential Health Holdings Limited
 
 
England
 
25% The Prudential Assurance Company Limited
 
 
Prudential Health Limited
 
 
England
 
100% Prudential Health Insurance Limited
 
 
Prudential Health Insurance Limited
 
England
 
100% Prudential Health Holdings Limited
 
 
Prudential Health Services Limited
 
 
England
 
100% Prudential Health Holdings Limited
 
 
Prudential Holborn Life Limited
 
England
 
100% The Prudential Assurance Company Limited
 
 
Prudential Holdings Limited
 
 
Scotland
 
100% Prudential plc
 
 
Prudential Hong Kong Limited
 
 
Hong Kong
 
100% The Prudential Assurance Company Limited
 
 
Prudential IP Services Limited
 
 
England
 
 
100% Prudential Group Holdings Limited
 
 
Prudential International Assurance plc
 
 
Ireland
 
100% Prudential Europe Assurance Holdings plc
 
Prudential International Management Services Limited
 
Ireland
 
 
100% Prudential Europe Assurance Holdings plc
 
Prudential Investments (UK) Limited
 
 
United Kingdom
 
100% Prudential Capital Holding Company
 
Prudential Jersey (No 2) Limited
 
 
Jersey
 
100% Prudential Group Holdings Limited
 
 
Prudential Jersey Limited
 
 
Jersey
 
100% Prudential Group Holdings Limited
 
 
Prudential Lalondes Limited
 
England
 
 
100% Prudential Property Services Limited
 
Prudential Life Assurance (Thailand) Public Company Limited
 
 
Thailand
 
42.59% North Sathorn Holdings Company Limited
 
32.11% Staple Limited
 
24.82% Prudential Corporation Holdings Limited
 
0.48% Others
 
 
Prudential Lifetime Mortgages Limited
 
 
Scotland
 
100% The Prudential Assurance Company Limited
 
Prudential Pensions Limited
 
 
England
 
100% The Prudential Assurance Company Limited
 
 
Prudential Personal Equity Plans Limited
 
 
England
 
100% M&G Limited
 
Prudential Portfolio Managers (Namibia) (Pty) Limited
 
 
Namibia
 
75% Prudential Portfolio Managers (South Africa) (Pty) Limited
 
Prudential Portfolio Managers (South Africa) (Pty) Limited
 
 
South Africa
 
75% M&G Limited
 
Prudential Portfolio Managers (South Africa) Life Limited
 
 
South Africa
 
99.4% Prudential Portfolio Managers (South Africa) (Pty) Limited
 
Prudential Portfolio Managers Unit Trusts Limited
 
 
South Africa
 
94% Prudential Portfolio Managers (South Africa) (Pty) Limited
 
Prudential Process Management Services India Private Limited
 
India
 
99.97% Prudential Corporation Holdings Limited
 
 
0.03% Prudential UK Services Limited
 
Prudential Properties Trusty Pty Limited
 
Australia
 
 
100% The Prudential Assurance Company Limited
 
Prudential Property Investment Management (Singapore) Pte Limited
 
 
Singapore
 
50% Prudential Singapore Holdings Pte Limited
 
50% Prudential Property Investment Managers Limited
 
 
Prudential Property Investment Managers Limited
 
 
United Kingdom
 
100% M&G Limited
 
Prudential Property Services (Bristol) Limited
 
 
England
 
100% Prudential Property Services Limited
 
Prudential Property Services Limited
 
 
England
 
100% Prudential plc
 
Prudential Protect Limited
 
 
England
 
 
100% Prudential Health Holdings Limited
 
 
Prudential Pte Ltd
 
 
Singapore
 
100% Prudential Singapore Holdings Pte Limited
 
 
Prudential Quest Limited
 
 
England
 
 
100% Prudential Group Holdings Limited
 
 
Prudential Retirement Income Limited
 
Scotland
 
100% The Prudential Assurance Company Limited
 
 
Prudential Securities Limited
 
 
England
 
50% Prudential (B1) Limited
 
50% Prudential (B2) Limited
 
 
Prudential Services Asia Sdn Bhd
 
Malaysia
 
100% Prudential Corporation Holdings Limited
 
 
Prudential Services Limited
 
 
England
 
100% Prudential Corporation Holdings Limited
 
 
Prudential Services Singapore Pte Limited
 
 
Singapore
 
100% Prudential Singapore Holdings Pte Limited
 
Prudential Singapore Holdings Pte Limited
 
 
Singapore
 
100% Prudential Corporation Holdings Limited
 
Prudential Staff Pensions Limited
 
 
England
 
100% Prudential Group Holdings Limited
 
 
Prudential Trustee Company Limited
 
 
England
 
100% M&G Limited
 
Prudential UK Services Limited
 
Scotland
 
 
100% Prudential Financial Services Limited
Prudential US Limited
 
England
 
100% Prudential plc
 
Prudential Unit Trusts Limited
 
 
England
 
 
100% M&G Limited
 
Prudential Vietnam Assurance Private Limited
 
 
Vietnam
 
100% Prudential Corporation Holdings Limited
 
Prudential Vietnam Finance Company Limited
 
 
Vietnam
 
100% Prudential Holborn Life Limited
 
Prulink Pte Limited
 
 
Singapore
 
100% Prudential Singapore Holdings Pte Limited
 
 
Prutec Limited
 
 
England
 
100% The Prudential Assurance Company Limited
 
Quinner AG
 
 
Germany
 
100% Prudential Group Holdings Limited
 
REALIC of Jacksonville Plans, Inc.
Texas
 
100% Jackson National  Life Insurance Company
 
 
Reeds Rain Prudential Limited
 
 
United Kingdom
 
100% Prudential Property Services Limited
 
 
ROP, Inc.
 
Delaware
 
100% Jackson National Life Insurance Company
 
 
SII Insurance Agency, Inc.
 
 
Massachusetts
 
100% SII Investments, Inc.
 
SII Insurance Agency, Inc.
 
 
Wisconsin
 
100% SII Investments, Inc.
 
SII Investments, Inc.
 
 
Wisconsin
 
100% National Planning Holdings, Inc.
 
 
SII Ohio Insurance Agency, Inc.
 
 
Ohio
 
100% SII Investments, Inc.
 
Scottish Amicable Finance plc
 
 
Scotland
 
100% The Prudential Assurance Company Limited
 
Scottish Amicable ISA Managers Limited
 
 
Scotland
 
100% The Prudential Assurance Company Limited
 
Scottish Amicable Life Assurance Society
 
 
Scotland
 
100% The Prudential Assurance Company Limited
 
Scottish Amicable PEP and ISA Nominees Limited
 
 
Scotland
 
100% Scottish Amicable Life Assurance Society
 
Snushalls Team Limited
 
England
 
100% Prudential Property Services Limited
 
 
Squire Reassurance Company LLC
 
Michigan
 
 
100% Jackson National Life Insurance Company
 
Squire Capital I LLC
 
 
Michigan
 
100% Jackson National Life Insurance Company
 
 
Squire Capital II LLC
 
 
Michigan
 
100% Jackson National Life Insurance Company
 
 
Sri Han Suria Sdn Berhad
 
 
Malaysia
 
51% Prudential Corporation Holdings Limited
 
 
SRLC Management America Corp.
 
Delaware
 
100% Jackson National Life Insurance Company
 
 
Stableview Limited
 
 
England
 
 
100% M&G Limited
 
Staple Limited
 
 
Thailand
 
100% Prudential Corporation Holdings Limited
 
Staple Nominees Limited
 
 
England
 
100% Prudential Personal Equity Plans Limited
 
 
Thames Insurance Brokers Limited
 
England
 
100% Ascent Insurance Brokers Limited
 
 
The First British Fixed Trust Company Limited
 
 
England
 
100% M&G Limited
 
The Forum, Solent, Management Company Limited
 
 
England
 
100% The Prudential Assurance Company Limited
 
The Prudential Assurance Company Limited
 
 
England
 
100% Prudential plc
 
True Prospect Limited
 
 
British Virgin Islands
 
100% Prudential Corporation Holdings Limited
 
 
VFL International Life Company SPC, Ltd.
 
 
Cayman Islands
 
100% Jackson National Life Insurance Company
 
Wharfedale Acquisitions Limited
 
England
 
 
100% Wharfedale Acquisitions Subholdings Limited
 
Wharfedale Acquisitions Holdings Limited
 
 
England
 
100% Infracapital Nominees Limited
 
Wharfedale Acquisitions Subholdings Limited
 
 
England
 
100% Wharfedale Acquisitions Holdings Limited
 
Yeslink Interco Limited
 
 
United Kingdom
 
100% Prudential Group Holdings Limited
 
 
Zelda Acquisitions Holdings Limited
 
 
England
 
100% Infracapital Nominees Limited
 
Zelda Acquisitions Limited
 
 
England
 
100% Zelda Acquisitions Holdings Limited
 

Item 27. Number of Contract Owners as of February 28, 2013

Qualified – 32
Non-Qualified - 147

Item 28. Indemnification

Provision is made in the Company's By-Laws for indemnification by the Company of any person made or threatened to be made a party to an action or proceeding, whether civil or criminal by reason of the fact that he or she is or was a director, officer or employee of the Company or then serves or has served any other corporation in any capacity at the request of the Company, against expenses, judgments, fines and amounts paid in settlement to the full extent that officers and directors are permitted to be  indemnified  by the laws of the State of New York.

Insofar as indemnification for liabilities arising under the Securities Act of 1933 ("Act") may be permitted to directors, officers and controlling persons of the Company pursuant to the foregoing provisions, or otherwise, the Company 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 liabilities  (other than the payment by the Company of expenses incurred or paid by a director, officer or controlling person of the Company 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 Company 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 29. Principal Underwriter

(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 and the Jackson SWL Variable Annuity Fund I.

 
(b)           Directors and Officers of Jackson National Life Distributors LLC:

Name and Business Address
Positions and Offices with Underwriter
   
   
Greg Cicotte
Manager, President & Chief Executive Officer
7601 Technology Way
 
 
   
Manager
7601 Technology Way
 
 
   
Manager & Secretary
1 Corporate Way
 
 
   
Paul Chad Myers
Manager
1 Corporate Way
 
 
   
Stephen M. Ash
Vice President
7601 Technology Way
 
 
   
Jeffrey Bain
Vice President
7601 Technology Way
 
 
   
Brad Baker
Vice President
7601 Technology Way
 
 
   
Mercedes Biretto
Vice President
7601 Technology Way
 
 
   
James Bossert
Senior Vice President
7601 Technology Way
 
 
   
Tori Bullen
Senior Vice President
210 Interstate North Parkway
 
Suite 401
 
 
   
Bill J. Burrow
Senior Vice President
7601 Technology Way
 
 
   
Maura Collins
Executive Vice President, Chief Financial Officer & FinOP
7601 Technology Way
 
 
   
Paul Fitzgerald
Senior Vice President
7601 Technology Way
 
 
   
Assistant Secretary
1 Corporate Way
 
 
   
Luis Gomez
Vice President
7601 Technology Way
 
 
   
Kevin Grant
Senior Vice President
7601 Technology Way
 
 
   
Thomas Hurley
Senior Vice President
7601 Technology Way
 
 
   
Mark Jones
Vice President
7601 Technology Way
 
 
   
Jim Livingston
Executive Vice President, Operations
7601 Technology Way
 
 
   
Doug Mantelli
Vice President
7601 Technology Way
 
 
   
Brook Meyer
Vice President
1 Corporate Way
 
 
   
Jack Mishler
Senior Vice President
7601 Technology Way
 
 
   
Steven O’Connor
Vice President
7601 Technology Way
 
 
   
Jeremy D. Rafferty
Vice President
7601 Technology Way
 
 
   
Alison Reed
Senior Vice President
7601 Technology Way
 
 
   
Scott Romine
Executive Vice President, National Sales Manager
7601 Technology Way
 
 
   
Marilynn Scherer
Vice President
7601 Technology Way
 
 
   
Kathleen Schofield
Vice President
7601 Technology Way
 
 
   
Daniel Starishevsky
Senior Vice President
7601 Technology Way
 
 
   
Ryan Strauser
Vice President
7601 Technology Way
 
Denver, VO 80237
 
   
Brian Sward
Vice President
7601 Technology Way
 
 
   
Jeremy Swartz
Vice President
7601 Technology Way
 
 
   
Robin Tallman
Vice President & Controller
7601 Technology Way
 
 
   
Katie Turner
Vice President
7601 Technology Way
 
 
   
Brad Whiting
Vice President
7601 Technology Way
 
 
   
Daniel Wright
Senior Vice President & Chief Compliance Officer
7601 Technology Way
 
 
   
Phil Wright
Vice President
7601 Technology Way
 
 

(c)

Name of Principal Underwriter
Net Underwriting  Discounts and Commissions
Compensation on Redemption or Annuitization
Brokerage Commissions
Compensation
Jackson National Life Distributors LLC
Not Applicable
Not Applicable
Not Applicable
Not Applicable

Item. 30. Location of Accounts and Records

Jackson National Life Insurance Company
1 Corporate Way

Jackson National Life Insurance Company
Institutional Marketing Group Service Center
1 Corporate Way

Jackson National Life Insurance Company
7601 Technology Way

Jackson National Life Insurance Company
225 West Wacker Drive, Suite 1200

Item. 31. Management Services

Not Applicable.

Item. 32. Undertakings and Representations

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).

 
 

 




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 post-effective amendment to the Registration Statement and has caused this post-effective amendment to the Registration Statement to be signed on its behalf, in the City of Lansing, and State of Michigan, on this 25th day of April, 2013.
JNLNY Separate Account I
(Registrant)

Jackson National Life Insurance Company of New York


By:  /s/ Thomas J. Meyer                                                                           
Senior Vice President, General Counsel
and Secretary

Jackson National Life Insurance Company of New York
(Depositor)


By:  /s/ Thomas J. Meyer                                                                           
Senior Vice President, General Counsel
and Secretary

As required by the Securities Act of 1933, this Registration Statement has been signed by the following persons in the capacities and on the dates indicated.

   
*                                                               
Michael A. Wells, President and
 
Chief Executive Officer
 
   
   
*                                                               
James R. Sopha, Chief Operating Officer
 
   
   
*                                                               
Clifford J. Jack, Executive Vice President,
 
Head of Retail & Chairman
 
   
   
*                                                               
P. Chad Myers, Executive Vice President,
 
and Chief Financial Officer
 
   
   
*                                                               
Herbert G. May III, Chief Administrative Officer
 
and Director
 

 
 

 


   
   
*                                                               
Joseph M. Clark, Senior Vice President,
 
Chief Information Officer and Director
 
   
   
  /s/ Thomas J. Meyer 
Thomas J. Meyer, Senior Vice President,
 
General Counsel, Secretary and Director
 
   
   
*                                                               
Laura L. Hanson, Vice President and
 
Director
 
   
   
*                                                               
John H. Brown, Vice President and Director
 
   
   
*                                                               
Michael A. Costello, Senior Vice President,
 
Controller, Treasurer and Director
 
   
   
*                                                               
Julia A. Goatley, Vice President,
 
Assistant Secretary and Director
 
   
   
*                                                               
 
   
   
*                                                               
 
   
   
*                                                               
 
 
   
*                                                               
Gary H. Torgow, Director
 
   
   
*                                                               
John C. Colpean, Director
 



* By:    /s/ Thomas J. Meyer                                                                           
Thomas J. Meyer, as Attorney-in-Fact,
pursuant to Power of Attorney filed herewith.

 
 

 


POWER OF ATTORNEY

KNOW ALL PERSONS BY THESE PRESENTS, that each of the undersigned as directors and/or officers of JACKSON NATIONAL LIFE INSURANCE COMPANY OF NEW YORK (the “Depositor”), a New York corporation, hereby appoint Michael A. Wells, P. Chad Myers, Thomas J. Meyer, Patrick W. Garcy, Susan S. Rhee and Anthony L. Dowling (each with power to act without the others) his/her attorney-in-fact and agent, with full power of substitution and resubstitution, for and in his/her name, place and stead, in any and all capacities, to sign applications and registration statements, and any and all amendments, with power to affix the corporate seal and to attest it, and to file the applications, registration statements, and amendments, with all exhibits and requirements, in accordance with the Securities Act of 1933, the Securities and Exchange Act of 1934, and/or the Investment Company Act of 1940.  This Power of Attorney concerns JNLNY Separate Account I (File Nos. 333-37175, 333-48822, 333-70384, 333-81266, 333-118370, 333-119659, 333-137485, 333-163323, 333-172873, 333-175720,  333-175721,  333-177298, 333-183046, and 333-183047), JNLNY Separate Account II (File No. 333-86933), and JNLNY Separate Account IV (File Nos. 333-109762 and 333-118132), as well as any future separate account(s) and/or future file number(s) within any separate account(s) that the Depositor establishes through which securities, particularly variable annuity contracts and variable universal life insurance policies, are to be offered for sale.  The undersigned grant to each attorney-in-fact and agent full authority to take all necessary actions to effectuate the above as fully, to all intents and purposes, as he/she could do in person, thereby ratifying and confirming all that said attorneys-in-fact and agents, or any of them, may lawfully do or cause to be done by virtue hereof.  This instrument may be executed in one or more counterparts.

IN WITNESS WHEREOF, the undersigned have executed this Power of Attorney effective as of the 17th day of August, 2012.

______________________________________________
Michael A. Wells, President and Chief Executive Officer
 
______________________________________________
James R. Sopha, Chief Operating Officer
 
______________________________________________
Clifford J. Jack, Executive Vice President, Head of Retail
and Chairman
 
______________________________________________
P. Chad Myers, Executive Vice President and Chief Financial Officer
 
______________________________________________
Herbert G. May III, Chief Administrative Officer and Director
 
_____________________________________________
Joseph M. Clark, Senior Vice president, Chief
Information Officer and Director
 
______________________________________________
Thomas J. Meyer, Senior Vice President, General
Counsel, Secretary and Director
 
_____________________________________________
Laura L. Prieskorn, Senior Vice President and Director
 
______________________________________________
John H. Brown, Vice President and Director
 
______________________________________________
Michael A. Costello, Vice President, Treasurer and Director
 
______________________________________________
Julia A. Goatley, Vice President, Assistant Secretary and Director
 
______________________________________________
 
______________________________________________
 
______________________________________________
 
______________________________________________
Director
 
______________________________________________
Director


 
 

 


POWER OF ATTORNEY

KNOW ALL PERSONS BY THESE PRESENTS, that each of the undersigned as directors and/or officers of JACKSON NATIONAL LIFE INSURANCE COMPANY OF NEW YORK (the “Depositor”), a New York corporation, hereby appoint Michael A. Wells, P. Chad Myers, Thomas J. Meyer, Patrick W. Garcy, Susan S. Rhee and Anthony L. Dowling (each with power to act without the others) his/her attorney-in-fact and agent, with full power of substitution and resubstitution, for and in his/her name, place and stead, in any and all capacities, to sign applications and registration statements, and any and all amendments, with power to affix the corporate seal and to attest it, and to file the applications, registration statements, and amendments, with all exhibits and requirements, in accordance with the Securities Act of 1933, the Securities and Exchange Act of 1934, and/or the Investment Company Act of 1940.  This Power of Attorney concerns JNLNY Separate Account I (File Nos. 333-37175, 333-48822, 333-70384, 333-81266, 333-118370, 333-119659, 333-137485, 333-163323, 333-172873, 333-175720,  333-175721,  333-177298, 333-183046, and 333-183047), JNLNY Separate Account II (File No. 333-86933), and JNLNY Separate Account IV (File Nos. 333-109762 and 333-118132), as well as any future separate account(s) and/or future file number(s) within any separate account(s) that the Depositor establishes through which securities, particularly variable annuity contracts and variable universal life insurance policies, are to be offered for sale.  The undersigned grant to each attorney-in-fact and agent full authority to take all necessary actions to effectuate the above as fully, to all intents and purposes, as he/she could do in person, thereby ratifying and confirming all that said attorneys-in-fact and agents, or any of them, may lawfully do or cause to be done by virtue hereof.  This instrument may be executed in one or more counterparts.

IN WITNESS WHEREOF, the undersigned have executed this Power of Attorney effective as of the 8th day of April, 2013.

 
______________________________________________
Michael A. Costello, Senior Vice President, Controller,
Treasurer and Director
 
_____________________________________________
Laura L. Hanson, Vice President & Director
 




 
 

 




EXHIBIT LIST

Exhibit No.                                Description


5.

    b.
Form of the Perspective II Fixed and Variable Annuity Application.
 
9.
Opinion and Consent of Counsel.

10.
Consent of Independent Registered Public Accounting Firm.

 
 

 


Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘485BPOS’ Filing    Date    Other Filings
12/1/28
12/1/26
12/1/23
12/1/16
9/30/16
6/30/15
2/28/15
2/27/15
1/15/15
1/14/15
12/15/14
11/1/14
6/30/14
3/30/14
2/28/14NSAR-U
1/15/14485APOS
12/1/13
Effective on:4/29/13485BPOS
Filed on:4/25/13485BPOS
4/23/13485APOS,  485BPOS
3/18/13
3/6/13
2/28/13NSAR-U
1/1/13
12/31/1224F-2NT,  NSAR-U
10/15/12
10/1/12
9/10/12485BPOS
9/4/12485BPOS,  N-4/A
7/31/12
4/30/12485BPOS
4/29/12
4/25/12485BPOS
2/6/12
1/20/12485APOS
1/1/12
12/31/1124F-2NT,  NSAR-U
12/15/11
12/12/11485BPOS
10/31/11
8/29/11485BPOS
7/22/11N-4
3/16/11N-4
1/20/11485APOS
12/31/1024F-2NT,  NSAR-U
10/11/10485BPOS
10/5/10485BPOS
5/3/10
4/30/10485BPOS,  497
12/31/0924F-2NT,  NSAR-U
9/28/09485BPOS
9/24/09485BPOS
4/6/09485BPOS
4/2/09485BPOS
12/31/0824F-2NT,  485BPOS,  NSAR-U
10/6/08485BPOS
3/31/08485BPOS
8/10/06
6/1/06
12/30/04N-4/A
8/19/04N-4
11/27/98
10/3/97N-4 EL,  N-8A
9/12/97
 List all Filings 


4 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 4/25/24  Jnlny Separate Account I          485BPOS     4/29/24    3:3.9M
 4/27/23  Jnlny Separate Account I          485BPOS     5/01/23    3:3.7M
 4/21/22  Jnlny Separate Account I          485BPOS     4/25/22    3:3.8M
 4/23/21  Jnlny Separate Account I          485BPOS     4/26/21    3:21M
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