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Jnlny Separate Account I, et al. – ‘485APOS’ on 2/14/05

On:  Monday, 2/14/05, at 5:18pm ET   ·   Accession #:  933691-5-41   ·   File #s:  333-70384, 811-08401

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

 2/14/05  Jnlny Separate Account I          485APOS                4:375K                                   JNL Series Trust
          Jnlny Separate Account I

Post-Effective Amendment
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 485APOS     A Filing                                             131±   533K 
 2: EX-99       Miscellaneous Exhibit                                  6     24K 
 3: EX-99       Miscellaneous Exhibit                                  7±    38K 
 4: EX-99       Miscellaneous Exhibit                                  1      7K 


485APOS   —   A Filing
Document Table of Contents

Page (sequential) | (alphabetic) Top
 
11st Page   -   Filing Submission
5Table of Contents
6Glossary
7Key Facts
8Fees and Expenses Tables
9Financial Statements
"The Annuity Contract
"Jackson National Life of Ny
"The Fixed Account
"The Separate Account
"Investment Divisions
10Contract Charges
"Purchases
"Transfers and Frequent Transfer Restrictions
"Telephone and Internet Transactions
"Access to Your Money
"Waiver of Withdrawal and Recapture Charges for Extended Care
"7% Guaranteed Minimum Withdrawal Benefit
"5% For Life Guaranteed Minimum Withdrawal Benefit
"4% For Life Guaranteed Minimum Withdrawal Benefit
"Income Payments (The Income Phase)
"Guaranteed Minimum Income Benefit
"Death Benefit
"Special Spousal Continuation Option
"Taxes
"Death Benefits
"Other Information
"Free Look
"Privacy Policy
11Table of Contents of the Statement of Additional Information
22General Information and History
"Services
"Purchase of Securities Being Offered
"Underwriters
"Calculation of Performance
"Additional Tax Information
"Withholding Tax on Distributions
"Tax Treatment of Withdrawals
"Tax-Qualified Contracts
"Net Investment Factor
24Item 24. Financial Statements and Exhibits (a) Financial Statements:
"Item 24.(b). Exhibits
"Item 25. Directors and Officers of the Depositor
"Item 26. Persons Controlled by or Under Common Control with the Depositor or Registrant
"Item 28. Indemnification
"Item 29. Principal Underwriter
"Item 30. Location of Accounts and Records
"Item 31. Management Services
"Item 32. Undertakings and Representations
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As filed with the Securities and Exchange Commission on February 14, 2005. Commission File Nos. 333-70384 811-08401 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. 15 [ X ] and/or REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940 Amendment No. 55 [ 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: (888) 367-5651 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: John S. (Scott) Kreighbaum, Esq. Jackson National Life Insurance Company 1 Corporate Way Lansing, MI 48951 It is proposed that this filing will become effective immediately upon filing pursuant to paragraph (b) ---- on (date) pursuant to paragraph (b) ---- X 60 days after filing pursuant to paragraph (a)(1) ---- on (date) pursuant to paragraph (a)(1) of Rule 485 ---- 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 Variable Portion of Individual Deferred Variable Annuity Contracts
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THE INFORMATION IN THE PROSPECTUS IS NOT COMPLETE AND MAY BE CHANGED. WE MAY NOT SELL THESE SECURITIES UNTIL THE REGISTRATION STATEMENT FILED WITH THE SECURITIES AND EXCHANGE COMMISSION IS EFFECTIVE. THIS PROSPECTUS IS NOT AN OFFER TO SELL THESE SECURITIES AND IS NOT SOLICITING AN OFFER TO BUY THESE SECURITIES IN ANY STATE WHERE THE OFFER OR SALE IS NOT PERMITTED. PERSPECTIVE II(R) FLEXIBLE PREMIUM FIXED AND VARIABLE DEFERRED ANNUITY ISSUED BY JACKSON NATIONAL LIFE INSURANCE COMPANY OF NEW YORK(R) THROUGH JNLNY SEPARATE ACCOUNT I THE DATE OF THIS PROSPECTUS IS MAY 2, 2005, which states the information about the Separate Account, the Contract, and Jackson National Life of NY you should know before investing. 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 May 2, 2005 that is available upon request without charge. To obtain a copy, contact us at our: ANNUITY SERVICE CENTER P.O. BOX 378004 DENVER, COLORADO 80237-8004 1-800-599-5651 CONTACTUS@JNLNY.COM WWW.JNLNY.COM 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. 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. Please confirm that you have the most current prospectus and supplements to the prospectus that describe the current 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 that offer different product features, benefits and charges. The SAI is incorporated by reference into this prospectus, and its table of contents begins on page 71. 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. -------------------------------------------------------------------------------- NEITHER THE SEC NOR ANY STATE SECURITIES COMMISSION HAS APPROVED OR DISAPPROVED THE SECURITIES OFFERED THROUGH THIS PROSPECTUS DISCLOSURE. 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. -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- o Not FDIC/NCUA insured o Not Bank/CU guaranteed o May lose value o Not a deposit o Not insured by any federal agency --------------------------------------------------------------------------------
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"JNL(R)," "Jackson National(R)" and "Jackson National Life(R)" are trademarks of Jackson National Life Insurance Company. "Standard & Poor's(R)," "S&P(R)," "S&P 500(R)," "Standard & Poor's 500," "500," "Standard & Poor's MidCap 400" and "S&P MidCap 400" are trademarks of The McGraw-Hill Companies, Inc. and have been licensed for use by Jackson National Life Insurance Company. These Funds are not sponsored, endorsed, sold or promoted by Standard & Poor's and Standard & Poor's makes no representation regarding the advisability of investing in these Funds. Please see the Statement of Additional Information which sets forth certain additional disclaimers and limitations of liabilities on behalf of S&P. The JNL/Mellon Capital Management The S&P(R) 10 Fund is not sponsored, endorsed, sold or promoted by Standard & Poor's and Standard & Poor's makes no representation regarding the advisability of investing in this Fund. Please see the Statement of Additional Information which sets forth certain additional disclaimers and limitations of liabilities on behalf of S&P. "Dow Jones," "Dow Jones Industrial AverageSM," "DJIASM," "The DowSM" and "The Dow 10SM Index" are service marks of Dow Jones & Company, Inc. (Dow Jones) and have been licensed for use for certain purposes by Jackson National Life Insurance Company. Dow Jones has no relationship to the annuity and Jackson National Life Insurance Company, other than the licensing of the Dow Jones Industrial Average (DJIA) and its service marks for use in connection with the JNL/Mellon Capital Management The DowSM 10 Fund. Please see Appendix A for additional information. The JNL/Mellon Capital Management The DowSM 10 Fund is not sponsored, endorsed, sold or promoted by Dow Jones, and Dow Jones makes no representation regarding the advisability of investing in such product. 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(R) to track general stock market performance. The Corporations' only relationship to Jackson National Life Insurance Company (LICENSEE) is in the licensing of the Nasdaq-100(R), Nasdaq-100 Index(R) and Nasdaq(R) trademarks or service marks, and certain trade names of the Corporations and the use of the Nasdaq-100 Index(R) 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(R). 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(R) 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(R) 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(R) 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(R)," "Nasdaq-100 Index(R)," "Nasdaq Stock Market(R)" 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 National Life Insurance Company. The JNL/Mellon Capital Management Nasdaq(R) 15 Fund has not passed on the Corporations as to its legality or suitability. The JNL/Mellon Capital Management Nasdaq(R) 15 Fund is 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 MANAGEMENT NASDAQ(R) 15 FUND. "Value Line(R)," "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 National Life Insurance Company. The JNL/Mellon Capital Management Value Line(R) 25 Fund is 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 Management Value Line(R) 25 Fund. Jackson National Life Insurance Company is not affiliated with any Value Line Company.
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* THE CONTRACT MAKES AVAILABLE FOR INVESTMENT FIXED AND VARIABLE INVESTMENT OPTIONS. THE VARIABLE OPTIONS AVAILABLE ARE INVESTMENT DIVISIONS OF THE SEPARATE ACCOUNT, EACH OF WHICH INVESTS IN ONE OF THE FOLLOWING FUNDS - ALL CLASS A SHARES (THE "FUNDS"): JNL SERIES TRUST JNL/AIM Large Cap Growth Fund JNL/AIM Real Estate Fund JNL/AIM Small Cap Growth Fund JNL/Alger Growth Fund JNL/Eagle Core Equity Fund JNL/Eagle SmallCap Equity Fund JNL/FMR Balanced Fund JNL/FMR Capital Growth Fund JNL/Franklin Templeton Small Cap Value Fund JNL/Goldman Sachs Mid Cap Value Fund JNL/JPMorgan International Equity Fund JNL/JPMorgan International Value Fund JNL/Lazard Mid Cap Value Fund JNL/Lazard Small Cap Value Fund JNL/Mellon Capital Management S&P 500 Index Fund JNL/Mellon Capital Management S&P 400 MidCap Index Fund JNL/Mellon Capital Management Small Cap Index Fund JNL/Mellon Capital Management International Index Fund JNL/Mellon Capital Management Bond Index Fund JNL/Mellon Capital Management Enhanced S&P 500 Stock Index Fund JNL/Oppenheimer Global Growth Fund JNL/Oppenheimer Growth Fund JNL/PIMCO Total Return Bond Fund JNL/Putnam Equity Fund JNL/Putnam Midcap Growth Fund JNL/Putnam Value Equity Fund JNL/Salomon Brothers High Yield Bond Fund JNL/Salomon Brothers Strategic Bond Fund JNL/Salomon Brothers U.S. Government & Quality Bond Fund JNL/Select Balanced Fund JNL/Select Global Growth Fund JNL/Select Large Cap Growth Fund JNL/Select Money Market Fund JNL/Select Value Fund JNL/T. Rowe Price Established Growth Fund JNL/T. Rowe Price Mid-Cap Growth Fund JNL/T. Rowe Price Value Fund JNL/S&P Managed Conservative Fund JNL/S&P Managed Moderate Fund JNL/S&P Managed Moderate Growth Fund JNL/S&P Managed Growth Fund JNL/S&P Managed Aggressive Growth Fund JNLNY VARIABLE FUND I LLC JNL/Mellon Capital Management The DowSM 10 Fund JNL/Mellon Capital Management The S&P(R) 10 Fund JNL/Mellon Capital Management Global 15 Fund JNL/Mellon Capital Management 25 Fund JNL/Mellon Capital Management Select Small-Cap Fund JNL/Mellon Capital Management Nasdaq(R) 15 Fund JNL/Mellon Capital Management Value Line(R) 25 Fund JNL VARIABLE FUND LLC JNL/Mellon Capital Management JNL 5 Fund JNL/Mellon Capital Management VIP Fund JNL/Mellon Capital Management Communications Sector Fund JNL/Mellon Capital Management Consumer Brands Sector Fund JNL/Mellon Capital Management Financial Sector Fund JNL/Mellon Capital Management Healthcare Sector Fund JNL/Mellon Capital Management Oil & Gas Sector Fund JNL/Mellon Capital Management Technology Sector Fund
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THESE FUNDS ARE NOT THE SAME MUTUAL FUNDS THAT YOU WOULD BUY THROUGH YOUR STOCKBROKER OR A RETAIL MUTUAL FUND. THE PROSPECTUSES FOR THESE FUNDS ARE ATTACHED TO THIS PROSPECTUS. [Enlarge/Download Table] TABLE OF CONTENTS GLOSSARY..........................................................................................................2 KEY FACTS.........................................................................................................4 FEES AND EXPENSES TABLES..........................................................................................6 THE ANNUITY CONTRACT.............................................................................................13 JACKSON NATIONAL LIFE OF NY......................................................................................14 THE FIXED ACCOUNTS...............................................................................................14 THE SEPARATE ACCOUNT.............................................................................................16 INVESTMENT DIVISIONS.............................................................................................16 CONTRACT CHARGES.................................................................................................26 PURCHASES .......................................................................................................35 TRANSFERS AND FREQUENT TRANSFER RESTRICTIONS.....................................................................39 TELEPHONE AND INTERNET TRANSACTIONS..............................................................................42 ACCESS TO YOUR MONEY.............................................................................................44 INCOME PAYMENTS (THE INCOME PHASE)...............................................................................52 DEATH BENEFIT....................................................................................................58 TAXES............................................................................................................62 OTHER INFORMATION................................................................................................67 PRIVACY POLICY...................................................................................................69 TABLE OF CONTENTS OF THE STATEMENT OF ADDITIONAL INFORMATION.....................................................71 APPENDIX A (about Dow Jones)....................................................................................A-1 APPENDIX B (about Contract Enhancement recapture charges).......................................................B-1 APPENDIX C (GMWB examples)......................................................................................C-1 APPENDIX D (5% for Life GMWB examples)..........................................................................D-1 APPENDIX E (additional 5% for Life GMWB examples)...............................................................E-1 APPENDIX F (4% for Life GMWB examples)..........................................................................F-1 APPENDIX G (additional 4% for Life GMWB examples)...............................................................G-1 APPENDIX H (Accumulation Unit values)...........................................................................H-1
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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 Annuitants. 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. COMPLETED YEAR - the succeeding twelve months from the date on which we receive a premium payment. 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 each premium payment you make during the first Contract Year. 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. 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. FIXED ACCOUNT - one of several sub-accounts of our General Account to which the Contract Value you allocate is guaranteed to earn a stated rate of return over the specified period. GENERAL ACCOUNT - the General Account includes all our assets, including any Contract Value you allocated to the Fixed Account, which are available to our creditors. GOOD ORDER - when our administrative requirements are met for any requested action or change, including that we have received sufficient supporting documentation. INCOME DATE - the date on which you begin receiving annuity payments. 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 variable because the return on investment is not guaranteed. JACKSON NATIONAL LIFE 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.) 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 Owners. SEPARATE ACCOUNT - JNLNY Separate Account I.
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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 14. For more information about the Investment Divisions, please see "INVESTMENT DIVISIONS" beginning on page 16. -------------------------------------------------------------------------------- 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 62. -------------------------------------------------------------------------------- FREE LOOK If you change your mind about having purchased the Contract, you may return it without penalty. There are conditions and limitations. For more information, please see "FREE LOOK" beginning on page 67. -------------------------------------------------------------------------------- PURCHASES There are minimum and maximum premium requirements. You may elect to receive a credit on your premium payments during the first Contract Year, subject to conditions and limitations. The Contract also has a premium protection option, namely the Capital Protection Program. For more information, please see "PURCHASES" beginning on page 35. -------------------------------------------------------------------------------- WITHDRAWALS Before the Income Date, there are a number of ways to access your Contract Value, sometimes 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 44. -------------------------------------------------------------------------------- INCOME PAYMENTS There are a number of income options available, including an optional, guaranteed minimum income benefit. For more information, please see "INCOME PAYMENTS (THE INCOME PHASE)" beginning on page 52. -------------------------------------------------------------------------------- DEATH BENEFIT The Contract has a death benefit that becomes payable if you die before the Income Date. An optional death benefit is also available. For more information, please see "DEATH BENEFIT" beginning on page 58. --------------------------------------------------------------------------------
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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 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. [Enlarge/Download Table] ------------------------------------------------------------------------------------------------------------------- OWNER TRANSACTION EXPENSES Front-end Sales Load...........................................................................................None Maximum Withdrawal Charge (as a percentage of premium surrendered, if applicable) 1..............................7% Maximum Contract Enhancement Recapture Charge (as a percentage of the corresponding first year premium payments withdrawn if an optional Contract Enhancement is selected) 2................................................4% Premium Taxes (as a percentage of each premium payment) 3........................................................2% Transfer Charge (per transfer after 15 in a Contract Year) 4....................................................$25 Expedited Delivery Charge 5..................................................................................$22.50 ------------------------------------------------------------------------------------------------------------------- 1 There may be a withdrawal charge on these withdrawals of Contract Value: withdrawals in excess of the free withdrawal amounts; a total withdrawal; and withdrawals on an Income Date that is within one year of the Issue Date. The withdrawal charge is a schedule with the base withdrawal charge lasting seven Completed Years, and there are two optional withdrawal charge schedules (that are shorter) available: Completed Years Since Receipt of Premium 0 1 2 3 4 5 6 7+ --------------------------------------------------------------------------------------------------- Base Withdrawal Charge 7% 6% 5% 4% 3% 2% 1% 0 Optional Five-year Schedule 6.5% 5% 3% 2% 1% 0 0 0 Optional Three-year Schedule 6% 4.5% 2% 0 0 0 0 0 2 Contract Enhancements are subject to recapture charges. There may be a recapture charge on these withdrawals of Contract Value with a Contract Enhancement if the Contract is returned during the free look period; withdrawals in excess of the free withdrawal amounts; withdrawals that exceed the minimum distribution requirements of the Internal Revenue Code; a total withdrawal; and withdrawals on an Income Date that is within the recapture charge schedule. The recapture charge schedule is based on Completed Years and depends on your Contract Enhancement: Completed Years Since Receipt of Premium 0 1 2 3 4 5 6 7+ --------------------------------------------------------------------------------------------------- With 2% Credit 2% 2% 1.25% 1.25% 0.5% 0 0 0 With 3% Credit 3% 3% 2% 2% 2% 1% 1% 0 With 4% Credit 3% 3% 2% 2% 2% 1% 1% 0 For Contracts with Issue Dates between September 22, 2003 and October 3, 2004, the 4% Contract Enhancement was not available. For Contracts with Issue Dates before September 22, 2003, the recapture charges over the same completed years since receipt of premium were: 4%; 4%; 2.5%; 2.5%; 2.5%; 1.25%; and 1.25%. 3 Premium taxes generally range from 1.5 to 2%. 4 We do not count transfers in conjunction with dollar cost averaging 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.
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THE NEXT TABLE 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. [Enlarge/Download Table] ------------------------------------------------------------------------------------------------------------------- PERIODIC EXPENSES FOR BASE CONTRACT Annual Contract Maintenance Charge 6............................................................................$30 Separate Account Annual Expenses (as an annual percentage of the average daily account value of the Investment Divisions)....................................................................................................1.35% ----------------------------------------------------------------------------------------------------------- Mortality And Expense Risk Charge 7...............................................................1.20% Administration Charge 8...........................................................................0.15% ------------------------------------------------------------------------------------------------------- Total Separate Account Annual Expenses........................................................1.35% ----------------------------------------------------------------------------------------------------------- FOR OPTIONAL ENDORSEMENTS (AS AN ANNUAL PERCENTAGE OF THE AVERAGE DAILY ACCOUNT VALUE OF THE INVESTMENT DIVISIONS, UNLESS OTHERWISE NOTED) (YOU MAY ONLY SELECT ONE OF EACH GROUPING, UNLESS OTHERWISE NOTED) 9 ------------------------------------------------------------------------------------------------------------------- 4% Contract Enhancement Maximum Annual Charge 10..............................................................0.56% 3% Contract Enhancement Maximum Annual Charge 10..............................................................0.42% 2% Contract Enhancement Maximum Annual Charge 11.............................................................0.395% ------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------- Guaranteed Minimum Income Benefit (GMIB) Maximum Annual Charge 12............................................0.60% 7% Guaranteed Minimum Withdrawal Benefit (GMWB) Maximum Annual Charge 13......................................0.70% 5% For Life GMWB Maximum Annual Charge 14.....................................................................1.30% 4% For Life GMWB Maximum Annual Charge 15.....................................................................0.85% ------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------- Five-year Withdrawal Schedule Maximum Annual Charge...........................................................0.30% Three-year Withdrawal Schedule Maximum Annual Charge..........................................................0.45% ------------------------------------------------------------------------------------------------------------------- 20% Additional Free Withdrawal Maximum Annual Charge..........................................................0.30% Highest Anniversary Value Death Benefit Maximum Annual Charge ................................................0.25% ------------------------------------------------------------------------------------------------------- Total Separate Account Annual Expenses With The Most Expensive Optional Endorsements 16...........3.91% ------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------- 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 1.10% on Contracts issued between September 22, 2003 and May 2, 2004. For Contracts with Issue Dates before September 22, 2003, this charge is 1.25%. 8 This charge is waived on initial premiums of $1,000,000 or more, but we may reverse the waiver and reinstate the Administrative Charge if your withdrawals during the first year of the Contract cause the Contract Value to drop below $1,000,000. 9 Some optional endorsements are only available to select in purchasing the Contract and once purchased cannot be canceled. You may not select both the Guaranteed Minimum Income Benefit and any Guaranteed Minimum Withdrawal Benefits. 10 This charge lasts for the first seven Contract Years. 11 This charge lasts for the first five Contract Years. 12 On a calendar quarter basis the charge is 0.15% of the GMIB Benefit Base. However, in selecting this optional endorsement between September 22, 2003 and May 2, 2004, the charge is 0.45% of the GMIB Benefit Base, which is 0.1125% on a calendar quarter basis. Also, in selecting this optional endorsement before September 22, 2003, the charge is 0.30% of the GMIB Benefit Base, which is 0.075% on a calendar quarter basis. The charge is deducted each calendar quarter and upon termination of the GMIB from the Investment Divisions and the Fixed Accounts on a pro rata basis. When it is deducted from the Investment Divisions, it is not part of the unit value calculations, but rather is deducted by means of a cancellation of units. For more information, including the definition of the GMIB Benefit Base, please see "Guaranteed Minimum Income Benefit" beginning on page 31. 13 The current charge is 0.40%. But if you selected this optional endorsement before October 4, 2004, the current charge is 0.35%, which increases to 0.55% upon "step-up." For more information, please see "7% Guaranteed Minimum Withdrawal Benefit" beginning on page 32. 14 The charge depends on the Owner's age, or the age of the older Owner in the case of joint Owners, on the Contract's Issue Date (or the date this optional endorsement is selected, if different). For an Owner between the ages of: 60 and 64; 65 and 69; 70 and 74; and 75 and 80 - the maximum annual charge is: 1.30%; 0.85%; 0.60%; and 0.50%, respectively. Meanwhile, for the same age groups, the current charges are: 0.90%; 0.60%; 0.50%; and 0.40%, respectively. For more information, please see "5% For Life Guaranteed Minimum Withdrawal Benefit" beginning on page 50. 15 The charge depends on the Owner's age, or the age of the older Owner in the case of joint Owners, on the Contract's Issue Date (or the date this optional endorsement is selected, if different). For an Owner between the ages of: 50 and 54; 55 and 59; 60 and 64; 65 and 69; 70 and 74; and 75 and 80 - the maximum annual charge is: 0.85%; 0.65%; 0.50%; 0.35%; 0.30%; and 0.20%, respectively. Meanwhile, for the same age groups, the current charges are: 0.65%; 0.50%; 0.35%; 0.25%; 0.20%; and 0.15%, respectively. For more information, please see "4% For Life Guaranteed Minimum Withdrawal Benefit" beginning on page 51. 16 If you were to select these optional endorsements, based on the maximum annual charges: 4% Contract Enhancement, 5% For Life GMWB, Three-year Withdrawal Schedule and Highest Anniversary Value Death Benefit. THE INFORMATION BELOW SHOWS THE MINIMUM AND MAXIMUM TOTAL OPERATING EXPENSES CHARGED BY THE FUNDS AND A FULL TABLE OF THE EXPENSES CHARGED BY ALL OF THE FUNDS, WHICH YOU WILL PAY DURING THE TIME YOUR MONEY IS ALLOCATED TO THE CORRESPONDING INVESTMENT DIVISION. PLEASE REFER TO THE JNL SERIES TRUST, JNLNY VARIABLE FUND I LLC AND JNL VARIABLE FUND LLC PROSPECTUSES FOR MORE INFORMATION ON THE FUNDS, INCLUDING INVESTMENT OBJECTIVES, PERFORMANCE AND INFORMATION ON THE ADVISER AND ADMINISTRATOR, JACKSON NATIONAL ASSET MANAGEMENT, LLC(R), AND THE SUB-ADVISERS. 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: % Maximum: % [Enlarge/Download Table] FUND ANNUAL EXPENSES [TO BE UPDATED] (as an annual percentage of the Fund's average daily net assets) MANAGEMENT AND 12B-1 TOTAL FUND ADMINISTRATIVE SERVICE OTHER ANNUAL FUND NAME FEE 17 FEE 18 EXPENSES 19 EXPENSES -------------------------------------------------- --------------- ----------- ------------- ------------- JNL/AIM Large Cap Growth Fund JNL/AIM Real Estate Fund JNL/AIM Small Cap Growth Fund JNL/Alger Growth Fund JNL/Eagle Core Equity Fund JNL/Eagle SmallCap Equity Fund JNL/FMR Balanced Fund JNL/FMR Capital Growth Fund JNL/Franklin Templeton Small Cap Value Fund JNL/Goldman Sachs Mid Cap Value Fund JNL/JPMorgan International Equity Fund JNL/JPMorgan International Value Fund JNL/Lazard Mid Cap Value Fund JNL/Lazard Small Cap Value Fund JNL/Mellon Capital Management S&P 500 Index Fund JNL/Mellon Capital Management S&P 400 MidCap Index Fund JNL/Mellon Capital Management Small Cap Index Fund JNL/Mellon Capital Management International Index Fund JNL/Mellon Capital Management Bond Index Fund JNL/Mellon Capital Management Enhanced S&P 500 Stock Index Fund JNL/Oppenheimer Global Growth Fund JNL/Oppenheimer Growth Fund JNL/PIMCO Total Return Bond Fund JNL/Putnam Equity Fund JNL/Putnam Midcap Growth Fund JNL/Putnam Value Equity Fund JNL/Salomon Brothers High Yield Bond Fund JNL/Salomon Brothers Strategic Bond Fund JNL/Salomon Brothers U.S. Government & Quality Bond Fund JNL/Select Balanced Fund JNL/Select Global Growth Fund JNL/Select Large Cap Growth Fund JNL/Select Money Market Fund JNL/Select Value Fund JNL/T. Rowe Price Established Growth Fund JNL/T. Rowe Price Mid-Cap Growth Fund JNL/T. Rowe Price Value Fund JNL/S&P Managed Conservative Fund 20 JNL/S&P Managed Moderate Fund 20 JNL/S&P Managed Moderate Growth Fund 20 JNL/S&P Managed Growth Fund 20 JNL/S&P Managed Aggressive Growth Fund 20 JNL/Mellon Capital Management The DowSM 10 Fund JNL/Mellon Capital Management The S&P(R) 10 Fund JNL/Mellon Capital Management Global 15 Fund JNL/Mellon Capital Management 25 Fund JNL/Mellon Capital Management Select Small-Cap Fund JNL/Mellon Capital Management JNL 5 Fund JNL/Mellon Capital Management Nasdaq(R) 15 Fund JNL/Mellon Capital Management Value Line(R) 25 Fund JNL/Mellon Capital Management VIP Fund JNL/Mellon Capital Management Communications Sector Fund JNL/Mellon Capital Management Consumer Brands Sector Fund JNL/Mellon Capital Management Financial Sector Fund JNL/Mellon Capital Management Healthcare Sector Fund JNL/Mellon Capital Management Oil & Gas Sector Fund JNL/Mellon Capital Management Technology Sector Fund -------------------------------------------------- --------------- ----------- ------------- ------------- 17 Certain Funds pay Jackson National Asset Management, LLC, the administrator, an administrative fee for certain services provided to the Fund by the administrator. The JNL/Select Global Growth Fund, the JNL/JPMorgan International Equity Fund, the JNL/JPMorgan International Value Fund, the JNL/Oppenheimer Global Growth Fund and all of the JNL/Mellon Capital Management Funds except the JNL/Mellon Capital Management S&P 500 Index Fund, JNL/Mellon Capital Management S&P 400 MidCap Index Fund, JNL/Mellon Capital Management Small Cap Index Fund, JNL/Mellon Capital Management Bond Index Fund, JNL/Mellon Capital Management Enhanced S&P 500 Stock Index Fund and the JNL/Mellon Capital Management Global 15 Fund pay an administrative fee of 0.15%; the JNL/Mellon Capital Management Global 15 Fund pays an administrative fee of 0.20%; the five JNL/S&P Funds pay an administrative fee of 0.05%; the other Funds pay an administrative fee of 0.10%. The administrative fees are paid to Jackson National Asset Management, LLC. The Management and Administrative Fee and the Total Fund Annual Expenses columns in this table reflect the inclusion of any applicable administrative fee. The management fee reflects a reduction in connection with the adoption of a 0.20% Rule 12b-1 fee for the Fund's Class A shares. 18 Effective December 15, 2003, the Fund implemented the Rule 12b-1 fee for Class A shares as part of its adoption of a Rule 12b-1 Plan. Rule 12b-1 fees may not exceed 0.20% of average daily net assets attributed to Class A shares. 19 Other Expenses include the costs associated with license fees paid by certain Funds and the fees and expenses of the disinterested Managers, their independent legal counsel and for a majority of the estimated expenses associated with the Chief Compliance Officer. 20 UNDERLYING FUND EXPENSES. The expenses shown above are the annual operating expenses for the JNL/S&P Funds. Because the JNL/S&P Funds invest in other Funds of the JNL Series Trust and JNL Variable Fund LLC, the JNL/S&P Funds will indirectly bear its pro rata share of fees and expenses of the underlying Funds in addition to the expenses shown. The total annual operating expenses for each JNL/S&P Fund (including both the annual operating expenses for the JNL/S&P Funds and the annual operating expenses for the underlying Funds) could range from % to % (this range reflects an investment in the Funds with the lowest and highest Total Fund Annual Expenses). The table below shows estimated total annual operating expenses for each of the JNL/S&P Funds based on the pro rata share of expenses that the JNL/S&P Funds would bear if they invested in a hypothetical mix of underlying Funds. The adviser believes the expenses shown below to be a likely approximation of the expenses the JNL/S&P Funds will incur based on the actual mix of underlying Funds. The expenses shown below include both the annual operating expenses for the JNL/S&P Fund and the annual operating expenses for the underlying Funds. The actual expenses of each JNL/S&P Fund will be based on the actual mix of underlying Funds in which it invests. The actual expenses may be greater or less than those shown. JNL/S&P Managed Conservative Fund..................................% JNL/S&P Managed Moderate Fund......................................% JNL/S&P Managed Moderate Growth Fund...............................% JNL/S&P Managed Growth Fund........................................% JNL/S&P Managed Aggressive Growth Fund.............................% EXAMPLES. [TO BE UPDATED] These examples are intended to help you compare the cost of investing in the Contract with the cost of investing in other variable annuity Contracts. Each of the examples assume that you invest $10,000 in the Contract for the time periods indicated. Neither transfer fees nor premium tax charges are reflected in the examples. The examples also assume that your investment has a 5% return each year. Your actual costs may be higher or lower than the costs shown in the examples. The following examples include a 4% Contract Enhancement, the maximum fees and expenses of any of the Funds and the cost if you select the Highest Anniversary Value Death Benefit, the Three-year Withdrawal Period, the 4% Contract Enhancement and the 5% for Life GMWB (using the maximum possible charge (at age 60)). Based on these assumptions, your costs would be: If you do not surrender your Contract or if you begin receiving income payments from your Contract after the first year: 1 YEAR 3 YEARS 5 YEARS 10 YEARS If you surrender your Contract at the end of each time period: 1 YEAR 3 YEARS 5 YEARS 10 YEARS The following examples include minimum fees and expenses of any of the Funds and the cost for just the base Contract (no optional endorsements). Based on these assumptions, your costs would be: If you do not surrender your Contract or if you begin receiving income payments from your Contract after the first year: 1 YEAR 3 YEARS 5 YEARS 10 YEARS If you surrender your Contract at the end of each time period: 1 YEAR 3 YEARS 5 YEARS 10 YEARS EXPLANATION OF THE FEES AND EXPENSES TABLES AND EXAMPLES. The purpose of the Fees and Expenses Tables and examples is to assist you in understanding the various costs and expenses that you will bear directly or indirectly. The Fee Table reflects the expenses of the Separate Account and the funds. Premium taxes may also apply. The examples reflect the annual contract maintenance charge, which 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 the Fixed Accounts. A withdrawal charge is imposed on income payments that occur within 13 months of the date the Contract is issued. THE EXAMPLES DO NOT REPRESENT PAST OR FUTURE EXPENSES. THE ACTUAL EXPENSES THAT YOU INCUR MAY BE GREATER OR LESS THAN THOSE SHOWN. FINANCIAL STATEMENTS. You can find the financial statements of the Separate Account and Jackson National Life of NY in the Statement of Additional Information. To obtain a copy free of charge, contact us at our Annuity Service Center. Our contact information is on the first page of this prospectus. CONDENSED FINANCIAL INFORMATION. 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. Please see Appendix H for more information about Accumulation Unit values. 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 generally 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 o our Fixed Accounts, as may be made available by us, or as may be otherwise limited by us; or to o Investment Divisions of the Separate Account that invest in underlying Funds. Your Contract, like all deferred annuity Contracts, has two phases: o the ACCUMULATION PHASE, when you make premium payments to us, and o 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. An assignment may be a taxable event. With Contracts with the 5% or 4% For Life GMWB, your ability to change ownership is limited. Please contact the Annuity Service Center for help and more information. JACKSON NATIONAL LIFE 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 (London, England). We issue the Contracts 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 National Life of NY is working to provide documentation electronically. When this program is available, Jackson National Life 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. The Fixed Account is not registered with the SEC, and the SEC does not review the information we provide to you about them. 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. We reserve the right to limit the availability of the Fixed Account. For more information about the availability of the Fixed Account, please see the application, check with the registered representative helping you to purchase the Contract, or contact us at our Annuity Service Center. Each Fixed Account option offers a base interest rate that we established and will credit to your Contract Value in the Fixed Account for a specified period (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. The Fixed Account minimum interest rate is 2.25% per annum, which is credited daily. For Contracts issued BEFORE SEPTEMBER 22, 2003, the Fixed Account minimum interest rate is 3% per annum, which is credited daily. Subject to these minimum requirements, we may declare different base interest rates at different times. Your Contract Value may be subject to an "Interest Rate Adjustment" and a withdrawal charge, however, if you decide to withdraw or transfer your Contract Value allocated to the Fixed Account, or if you annuitize the Contract, before the end of the specified period. The Interest Rate Adjustment depends on the base interest rate that was available when you allocated Contract Value to a Fixed Account option versus the base interest rate available for allocations to a new Fixed Account option with a duration equal to the number of years remaining in the current Fixed Account option at the time of withdrawal, transfer, or annuitization. If your base interest rate is higher than the base interest rate available for allocations to a new Fixed Account option with a duration equal to the number of years remaining in the current Fixed Account option at the time of withdrawal, transfer, or annuitization, then the Interest Rate Adjustment will increase your Contract Value, and vice versa. However, there will be no Interest Rate Adjustment when the base interest rate available for allocations to the same Fixed Account option at the time of withdrawal, transfer, or annuitization is less than your base interest rate by 0.25% or less. Also, there is no Interest Rate Adjustment on: 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 your Contract Value allocated to the Fixed Account be less than if it had been credited the Fixed Account minimum interest rate after any withdrawals and transfers, and after charges. 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. Otherwise, we will allocate the Contract Value based on your Investment Division allocation instructions. For Contracts purchased ON OR AFTER SEPTEMBER 22, 2003, if any Contract Enhancement is selected, allocations to the three-, five- and seven-year Fixed Account are prohibited until the end of the applicable recapture charge period. Your Contract contains a more complete description of the Guaranteed Fixed Accounts, as supplemented by our administrative requirements relating to transfers. 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 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 Accounts. HOWEVER, THIS IS NOT GUARANTEED. IT IS POSSIBLE FOR YOU TO LOSE YOUR MONEY 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 depends 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.
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[Enlarge/Download Table] THE FUNDS, INVESTMENT OBJECTIVES AND ADVISERS [TO BE UPDATED] ======================================== =============================================== ============================= INVESTMENT ADVISER (AND NAME OF FUND INVESTMENT OBJECTIVE SUB-ADVISER) ====================================================================================================================== JNL SERIES TRUST ---------------------------------------------------------------------------------------------------------------------- JNL/AIM Large Cap Growth Fund Seeks long-term growth of capital by Jackson National Asset investing at least 80% of its assets (net Management, LLC (and AIM assets plus the amount of any borrowings for Capital Management, Inc.) investment purposes) in securities of large-capitalization companies. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/AIM Real Estate Fund Seeks high total return by investing at least Jackson National Asset 80% of its assets (net assets plus the amount Management, LLC (and AIM of any borrowings for investment purposes) in Capital Management, Inc.) real estate and real estate-related companies. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/AIM Small Cap Growth Fund Seeks long-term growth of capital by normally Jackson National Asset investing at least 80% of its assets (net Management, LLC (and AIM assets plus the amount of any borrowings for Capital Management, Inc.) investment purposes) in securities of small-cap companies. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Alger Growth Fund Seeks long-term capital appreciation by Jackson National Asset investing at least 65% of its total assets in Management, LLC (and Fred a diversified portfolio of equity securities Alger Management, Inc.) - common stock, preferred stock, and securities convertible into or exchangeable for common stock - of large companies which trade on U.S. exchanges or in the U.S. over-the-counter market. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Eagle Core Equity Fund Seeks long-term capital appreciation and, Jackson National Asset secondarily, current income by investing at Management, LLC (and Eagle least 80% of its assets (net assets plus the Asset Management, Inc.) amount of any borrowings for investment purposes) in a diversified portfolio of common stock of U.S. companies that meet the criteria for one of three separate equity strategies: the growth equity strategy, the value equity strategy and the equity income strategy. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Eagle SmallCap Equity Fund Seeks long-term capital appreciation by Jackson National Asset investing at least 80% of its assets (net Management, LLC (and Eagle assets plus the amount of any borrowings for Asset Management, Inc.) investment purposes) in a diversified portfolio of equity securities of U.S. companies with market capitalizations in the range of securities represented by the Russell 2000. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/FMR Balanced Fund Seeks income and capital growth, consistent Jackson National Asset with reasonable risk by investing 60% of its Management, LLC (and assets in securities and the remainder in Fidelity Management & bonds and other debt securities. Research Company) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/FMR Capital Growth Fund Seeks long-term growth of capital by Jackson National Asset investing in securities issued by Management, LLC (and medium-sized companies. Fidelity Management & Research Company) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Franklin Templeton Small Cap Value Seeks long-term total return by investing at Jackson National Asset Fund least 80% of its assets (net assets plus the Management, LLC (and amount of any borrowings for investment Franklin Advisory Services, purposes) in securities of LLC) small-capitalization companies. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Goldman Sachs Mid Cap Value Fund Seeks long-term capital appreciation by Jackson National Asset investing at least 80% of its assets (net Management, LLC (and assets plus the amount of any borrowings for Goldman Sachs Asset investment purposes) in a diversified Management, L.P.) portfolio of securities in mid-cap issuers with public stock market capitalizations within the range of market capitalization of companies constituting the Russell Midcap(R) Value Index at the time of investing. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/JPMorgan International Equity Fund Seeks long-term total growth of capital by Jackson National Asset investing at least 80% of its assets (net Management, LLC (and J.P. assets plus the amount of any borrowings for Morgan Investment investment purposes) in a diversified Management, Inc.) portfolio consisting primarily of common stocks of non-U.S. companies. The Fund invests in foreign securities that the sub-adviser believes offer significant potential for long-term appreciation. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/JPMorgan International Value Fund Seeks high total return from a portfolio of Jackson National Asset equity securities of foreign companies in Management, LLC (and J.P. developed and, to a lesser extent, developing Morgan Investment markets. Management, Inc.) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Lazard Mid Cap Value Fund Seeks capital appreciation by investing at Jackson National Asset least 80% of its assets (net assets plus the Management, LLC (and Lazard amount of any borrowings for investment Asset Management) purposes) in a non-diversified portfolio of equity securities of U.S. companies with market capitalizations in the range of companies represented in the Russell Mid Cap Index and that the sub-adviser believes are undervalued based on their return on equity. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Lazard Small Cap Value Fund Seeks capital appreciation by investing at Jackson National Asset least 80% of its assets (net assets plus the Management, LLC (and Lazard amount of any borrowings for investment Asset Management) purposes) in a non-diversified portfolio of equity securities of U.S. companies with market capitalizations in the range of companies represented by the Russell 2000(R) Index that the sub-adviser believes are undervalued based on their return on equity. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Mellon Capital Management S&P 500 Seeks to match the performance of the S&P Jackson National Asset Index Fund 500(R) Index to provide long-term capital Management, LLC (and Mellon growth by investing in large-capitalization Capital Management company securities. Corporation) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Mellon Capital Management S&P 400 Seeks to match the performance of the S&P Jackson National Asset MidCap Index Fund 400(R) Index to provide long-term capital Management, LLC (and Mellon growth by investing in equity securities of Capital Management medium capitalization-weighted domestic Corporation) corporations. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Mellon Capital Management Small Seeks to match the performance of the Russell Jackson National Asset Cap Index Fund 2000(R) Index to provide long-term growth of Management, LLC (and Mellon capital by investing in equity securities of Capital Management small- to mid-size domestic corporations. Corporation) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Mellon Capital Management Seeks to match the performance of the Morgan Jackson National Asset International Index Fund Stanley Capital International Europe Management, LLC (and Mellon Australasia Far East Free Index to provide Capital Management long-term capital growth by investing in Corporation) international equity securities attempting to match the characteristics of each country within the index. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Mellon Capital Management Bond Seeks to match the performance of the Lehman Jackson National Asset Index Fund Brothers Aggregate Bond Index to provide a Management, LLC (and Mellon moderate rate of income by investing in Capital Management domestic fixed-income investments. Corporation) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Mellon Capital Management Enhanced Seeks to exceed the performance of the S&P Jackson National Asset S&P 500 Stock Index Fund 500 Index by tilting towards stocks having Management, LLC (and Mellon higher expected return while maintaining Capital Management overall index characteristics. Corporation) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Oppenheimer Global Growth Fund Seeks capital appreciation by investing Jackson National Asset primarily in common stocks of companies in Management, LLC (and the U.S. and foreign countries. The Fund can OppenheimerFunds, Inc.) invest without limit in foreign securities and can invest in any country, including countries with developed or emerging markets. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Oppenheimer Growth Fund Seeks capital appreciation by investing Jackson National Asset mainly in common stocks of "growth Management, LLC (and companies." The Fund currently focuses on OppenheimerFunds, Inc.) stocks of companies having a large capitalization (currently more than $12 billion) or mid-capitalization ($2 billion to $12 billion), but this focus could change over time as well as the companies the Fund considers to be currently large- and mid-capitalization. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/PIMCO Total Return Bond Fund Seeks maximum total return, consistent with Jackson National Asset the preservation of capital and prudent Management, LLC (and investment management, by normally investing Pacific Investment at least 80% of its assets (net assets plus Management Company LLC) the amount of any borrowings for investment purposes) in a diversified portfolio of investment-grade, fixed-income securities of U.S. and foreign issuers such as government, corporate, mortgage- and other asset-backed securities and cash equivalents. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Putnam Equity Fund Seeks long-term capital growth by investing Jackson National Asset primarily in a diversified portfolio of Management, LLC (and Putnam common stock of domestic, Investment Management, Inc.) large-capitalization companies. However, the Fund may also invest in preferred stocks, bonds, convertible preferred stock and convertible debentures if the sub-adviser believes that they offer the potential for capital appreciation. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Putnam Midcap Growth Fund Seeks capital appreciation by investing Jackson National Asset mainly in common stocks of U.S. Management, LLC (and Putnam mid-capitalization companies of a similar Investment Management, Inc.) size to those in the Russell MidCap(R) Growth Index, with a focus on growth stocks which are stocks whose earnings the sub-adviser believes are likely to grow faster than the economy as a whole. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Putnam Value Equity Fund Seeks capital growth, with income as a Jackson National Asset secondary objective, by investing primarily Management, LLC (and Putnam in a diversified portfolio of equity Investment Management, Inc.) securities of domestic, large-capitalization companies. At least 80% of its assets (net assets plus the amount of any borrowings for investment purposes) will be invested, under normal market conditions, in equity securities. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Salomon Brothers High Yield Bond Seeks to maximize current income, with Jackson National Asset Fund capital appreciation as a secondary Management, LLC (and objective, by investing at least 80% of its Salomon Brothers Asset assets (net assets plus the amount of any Management Inc.) borrowings for investment purposes) in high-yield, high-risk debt securities ("junk bonds") and related investments and may invest in securities of foreign insurers. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Salomon Brothers Strategic Bond Seeks a high level of current income, with Jackson National Asset Fund capital appreciation as a secondary Management, LLC (and objective, by investing at least 80% of its Salomon Brothers Asset assets (net assets plus the amount of any Management Inc.) borrowings for investment purposes) in a globally diverse portfolio of fixed-income investments. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Salomon Brothers U.S. Government & Seeks a high level of current income by Jackson National Asset Quality Bond Fund investing at least 80% of its assets (net Management, LLC (and assets plus the amount of any borrowings for Salomon Brothers Asset investment purposes) in: (i) U.S. Treasury Management Inc.) obligations; (ii) obligations issued or guaranteed by agencies or instrumentalities of the U.S. Government which are backed by their own credit and may not be backed by the full faith and credit of the U.S. Government; and (iii) mortgage-backed securities guaranteed by the Government National Mortgage Association that are supported by the full faith and credit of the U.S. Government. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Select Balanced Fund Seeks reasonable income and long-term capital Jackson National Asset growth by investing primarily in a Management, LLC (and diversified portfolio of common stock and Wellington Management investment grade fixed-income securities, but Company, LLP) may also invest up to 15% of its assets in foreign equity and fixed income securities. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Select Global Growth Fund Seeks long-term growth of capital by Jackson National Asset investing at least 80% of its assets (net Management, LLC (and assets plus the amount of any borrowings for Wellington Management investment purposes) in a diversified Company, LLP) portfolio of equity securities of foreign and domestic issuers. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Select Large Cap Growth Fund Seeks long-term growth of capital by Jackson National Asset investing at least 80% of its assets (net Management, LLC (and assets plus the amount of any borrowings for Wellington Management investment purposes) in a diversified Company, LLP) portfolio of common stocks of large U.S. companies selected for their growth potential. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Select Money Market Fund Seeks a high level of current income as is Jackson National Asset consistent with the preservation of capital Management, LLC (and and maintenance of liquidity by investing in Wellington Management high quality, short-term money market Company, LLP) instruments. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Select Value Fund Seeks long-term growth of capital by Jackson National Asset investing at least 65% of its total assets in Management, LLC (and common stocks of domestic companies, focusing Wellington Management on companies with large market Company, LLP) capitalizations. Using a value approach, the fund seeks to invest in stocks that are undervalued relative to other stocks. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/T. Rowe Price Established Growth Seeks long-term growth of capital and Jackson National Asset Fund increasing dividend income by investing Management, LLC (and T. primarily in a diversified portfolio of Rowe Price Associates, Inc.) common stocks of well-established U.S. growth companies. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/T. Rowe Price Mid-Cap Growth Fund Seeks long-term growth of capital by normally Jackson National Asset investing at least 80% of its assets (net Management, LLC (and T. assets plus the amount of any borrowings for Rowe Price Associates, investment purposes) in a diversified Inc.) portfolio of common stocks of medium-sized (mid-cap) U.S. companies which the sub-adviser expects to grow at a faster rate than the average company. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/T. Rowe Price Value Fund Seeks long-term capital appreciation by Jackson National Asset investing in common stocks believed to be Management, LLC (and T. undervalued. Income is a secondary Rowe Price Associates, objective. In taking a value approach to Inc.) investment selection, at least 65% of its total assets will be invested in common stocks the portfolio manager regards as undervalued. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/S&P Managed Conservative Fund Seeks capital growth and current income by Jackson National Asset investing in Class A Shares of a diversified Management, LLC (and group of other Funds of the JNL Series Trust Standard & Poor's and JNL Variable Fund LLC that invest in Investment Advisory equity and fixed income securities. Services, Inc.) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/S&P Managed Moderate Fund Seeks capital growth, with current income as Jackson National Asset a secondary objective, by investing in Class Management, LLC (and A Shares of a diversified group of other Standard & Poor's Funds of the JNL Series Trust and JNL Investment Advisory Variable Fund LLC that invest in equity and Services, Inc.) fixed income securities. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/S&P Managed Moderate Growth Fund Seeks capital growth and current income by Jackson National Asset investing in a diversified group of other Management, LLC (and Funds of the JNL Series Trust and JNL Standard & Poor's Variable Fund LLC that invest in equity and Investment Advisory fixed income securities. Services, Inc.) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/S&P Managed Growth Fund Seeks capital growth with current income as a Jackson National Asset secondary objective by investing in Class A Management, LLC (and Shares of a diversified group of other Funds Standard & Poor's of the JNL Series Trust and JNL Variable Fund Investment Advisory LLC that invest in equity and fixed income Services, Inc.) securities. ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/S&P Managed Aggressive Growth Fund Seeks capital growth by investing in Class A Jackson National Asset Shares of a diversified group of other Funds Management, LLC (and of the JNL Series Trust and JNL Variable Fund Standard & Poor's LLC that invest in equity and fixed income Investment Advisory securities. Services, Inc.) ---------------------------------------------------------------------------------------------------------------------- JNLNY VARIABLE FUND I LLC ---------------------------------------------------------------------------------------------------------------------- JNL/Mellon Capital Management The Seeks total return through a combination of Jackson National Asset DowSM 10 Fund capital appreciation and dividend income. Management, LLC (and Mellon Capital Management Corporation) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Mellon Capital Management The S&P(R) Seeks total return through a combination of Jackson National Asset 10 Fund capital appreciation and dividend income. Management, LLC (and Mellon Capital Management Corporation) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Mellon Capital Management Global Seeks total return through a combination of Jackson National Asset 15 Fund capital appreciation and dividend income. Management, LLC (and Mellon Capital Management Corporation) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Mellon Capital Management 25 Fund Seeks total return through a combination of Jackson National Asset capital appreciation and dividend income. Management, LLC (and Mellon Capital Management Corporation) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Mellon Capital Management Select Seeks total return through capital Jackson National Asset Small-Cap Fund appreciation. Management, LLC (and Mellon Capital Management Corporation) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Mellon Capital Management Nasdaq(R) Seeks total return by investing in the common Jackson National Asset 15 Fund stocks of companies that are expected to have Management, LLC (and Mellon a potential for capital appreciation. Capital Management Corporation) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Mellon Capital Management Value Seeks capital appreciation by investing in 25 Jackson National Asset Line(R) 25 Fund of the 100 common stocks that Value Line(R) Management, LLC (and Mellon gives a #1 ranking for TimelinessTM. Capital Management Corporation) ---------------------------------------------------------------------------------------------------------------------- JNL VARIABLE FUND LLC ---------------------------------------------------------------------------------------------------------------------- JNL/Mellon Capital Management JNL 5 Seeks total return through a combination of Jackson National Asset Fund capital appreciation and dividend income. Management, LLC (and Mellon Capital Management Corporation) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Mellon Capital Management VIP Fund Seeks total return by investing in the common Jackson National Asset stocks of companies that are identified by a Management, LLC (and Mellon model based on six separate specialized Capital Management strategies. Corporation) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Mellon Capital Management Seeks total return through a combination of Jackson National Asset Communications Sector Fund capital appreciation and dividend income. Management, LLC (and Mellon Capital Management Corporation) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Mellon Capital Management Consumer Seeks total return through a combination of Jackson National Asset Brands Sector Fund capital appreciation and dividend income. Management, LLC (and Mellon Capital Management Corporation) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Mellon Capital Management Seeks total return through a combination of Jackson National Asset Financial Sector Fund capital appreciation and dividend income. Management, LLC (and Mellon Capital Management Corporation) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Mellon Capital Management Seeks total return through a combination of Jackson National Asset Healthcare Sector Fund capital appreciation and dividend income. Management, LLC (and Mellon Capital Management Corporation) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Mellon Capital Management Oil & Seeks total return through a combination of Jackson National Asset Gas Sector Fund capital appreciation and dividend income. Management, LLC (and Mellon Capital Management Corporation) ---------------------------------------- ----------------------------------------------- ----------------------------- JNL/Mellon Capital Management Seeks total return through a combination of Jackson National Asset Technology Sector Fund capital appreciation and dividend income. Management, LLC (and Mellon Capital Management Corporation) ---------------------------------------- ----------------------------------------------- ----------------------------- 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 advisers. The Funds described are available only through variable annuity Contracts issued by Jackson National Life of NY. They are NOT offered or made available to the general public directly. 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 prospectus for the JNL Series Trust, JNL Variable Fund LLC and the JNLNY Variable Fund I LLC carefully before investing. Additional Funds and Investment Divisions may be available in the future. 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. 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 selected 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 charges. On an annual basis, this charge equals 1.20% of the average daily net asset value of your allocations to the Investment Divisions. For Contracts issued BEFORE MAY 3, 2004, the annual charge is 1.10% of the average daily net asset value of your allocations to the Investment Divisions. For Contracts issued BEFORE SEPTEMBER 22, 2003, the annual charge is 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: o to make income payments for the life of the Annuitant during the income phase; o to waive the withdrawal charge in the event of the Owner's death; and o 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 Accounts. This charge compensates us for our expenses incurred in administering the Contracts and the Separate Account. If the initial premium equals $1,000,000 or more, we will waive the Administration Charge. However, we reserve the right to reverse this waiver and reinstate the Administration Charge if withdrawals are made in the first Contract Year that result in the Contract Value falling substantially below $1,000,000, as determined by us. TRANSFER CHARGE. You must pay $25 for each transfer in excess of 15 in a Contract Year. This charge is deducted from the amount that is transferred prior to the allocation to a different Investment Division. We waive the transfer charge in connection with dollar cost averaging, 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: o PREMIUMS THAT ARE NO LONGER SUBJECT TO A WITHDRAWAL CHARGE (premiums in your annuity for at least seven (three for the Three-Year Withdrawal Charge option or five for the Five-Year Withdrawal Charge option) years without being withdrawn), PLUS o EARNINGS (excess of your Contract Value allocated to the Investment Divisions and the Fixed Account your remaining premium in these Options) o ADDITIONAL FREE WITHDRAWALS o during each Contract Year (the first withdrawal during a Contract Year for Contracts purchased BEFORE SEPTEMBER 22, 2003), 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 (minimum distribution requirements will reduce the 10% free withdrawal amount), OR o if you have elected the 20% Additional Free Withdrawal endorsement, during each Contract Year, 20% 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 (this can be withdrawn at once or in segments throughout the Contract Year), minus earnings. WE WILL DEDUCT A WITHDRAWAL CHARGE ON: o partial withdrawals in excess of the free withdrawal amounts, or o withdrawals that exceed the minimum distribution requirements of the Internal Revenue Code, or o total withdrawals. The amount of the withdrawal charge deducted varies (depending upon whether you have elected the Three-Year Withdrawal Charge Period or the Five-Year Withdrawal Charge Period endorsement and how many years prior to the withdrawal you made the premium payment(s) you are withdrawing) according to the following schedule: [Download Table] WITHDRAWAL CHARGE (AS A PERCENTAGE OF PREMIUM PAYMENTS): COMPLETED YEARS SINCE RECEIPT OF 0 1 2 3 4 5 6 7+ PREMIUM WITHDRAWAL CHARGE 7% 6% 5% 4% 3% 2% 1% 0 WITHDRAWAL CHARGE IF FIVE-YEAR 6.5% 5% 3% 2% 1% 0 0 0 PERIOD IS ELECTED WITHDRAWAL CHARGE IF THREE-YEAR 6% 4.5% 2% 0 0 0 0 0 PERIOD IS ELECTED 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 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: o income payments (but the withdrawal charge is deducted on the Income Date if that date is within 13 months of the Issue Date); o death benefits; o withdrawals necessary to satisfy the minimum distribution requirements of the Internal Revenue Code (if the withdrawal requested exceeds the minimum distribution requirements, the entire withdrawal will be subject to the withdrawal charge, if applicable); or o 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 National Life of NY or any of our affiliates. CONTRACT ENHANCEMENT CHARGE. 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 which will not be less than the minimum guaranteed interest rate (assuming no withdrawals). The amounts of these charges (or reductions in credited rates) depend upon which of the Contract Enhancements you select: [Download Table] CONTRACT ENHANCEMENT 2% 3% 4% CHARGE (ON AN ANNUAL BASIS) 0.395% 0.42% 0.56% For Contracts with Issue Dates BETWEEN SEPTEMBER 22, 2003 AND OCTOBER 3, 2004, the 4% Contract Enhancement was not available. For Contracts with Issue Dates ON AND AFTER SEPTEMBER 22, 2003 and a Contract Enhancement, the three-, five-, or seven-year Fixed Account option is unavailable. Due to this charge, 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. If you select a Contract Enhancement and then make a partial or total withdrawal from your Contract in the first seven years (five years for the 2% Contract Enhancement) since the premium payment withdrawn was made, 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 first year premiums. Your Contract will also be subject to a recapture charge if you return it during the free look period. The amounts of these charges are as follows: CONTRACT ENHANCEMENT RECAPTURE CHARGE (AS A PERCENTAGE OF THE CORRESPONDING FIRST YEAR PREMIUM PAYMENT WITHDRAWN IF AN OPTIONAL CONTRACT ENHANCEMENT IS SELECTED) [Download Table] Completed Years Since Receipt of 0 1 2 3 4 5 6 7+ Premium Payment Recapture Charge (2% Credit) 2% 2% 1.25% 1.25% 0.5% 0 0 0 Recapture Charge (3% Credit) 3% 3% 2% 2% 2% 1% 1% 0 Recapture Charge (4% Credit) 3% 3% 2% 2% 2% 1% 1% 0 For Contracts with Issue Dates BEFORE SEPTEMBER 23, 2003, the recapture charges over the same completed years since receipt of a premium payment were: 4%, 4%, 2.5%, 2.5%; 2.5%; 1.25%; and 1.25%. 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: o death benefits; o income payments paid during the income phase; o withdrawals taken under your Contract's free withdrawal provisions; o withdrawals necessary to satisfy the minimum distribution requirements of the Internal Revenue Code (but if the requested withdrawal exceeds the minimum distribution requirements, then the entire withdrawal will be assessed the applicable recapture charge); or o withdrawals of up to $250,000 from the Separate Account or from the Fixed Accounts 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% 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. GUARANTEED MINIMUM INCOME BENEFIT CHARGE. If you select the GMIB, on a calendar quarter basis, you will pay 0.15% (.075% if elected BEFORE SEPTEMBER 22, 2003, 0.1125% BEFORE MAY 3, 2004) of the GMIB Benefit Base. This charge is deducted from the Contract Value at the end of each calendar quarter and upon termination of the GMIB on a pro rata basis using the GMIB Benefit Base as of the date of termination and the number of days since the last deduction. The first GMIB charge will be deducted on a pro rata basis from the Issue Date to the end of the first calendar quarter after the Issue Date. The GMIB Benefit Base is explained on page 55 below. You should be aware that the GMIB charge will be deducted even if you never use the benefit and it only applies to certain optional income payments. 7% GUARANTEED MINIMUM WITHDRAWAL BENEFIT CHARGE. If you select the 7% GMWB, you will pay 0.40% on an annual basis of the average daily net asset value of your allocations to the Investment Divisions. However, if you selected the 7% GMWB BEFORE OCTOBER 4, 2004, you will pay 0.35% on an annual basis of the average daily net asset value of your allocations to the Investment Divisions increasing to 0.55% upon the first election of a "step-up." We reserve the right to prospectively change the charge on new Contracts, upon election of the benefit after issue or upon any election of any "step-up," subject to a maximum charge of 0.70%. For more information about the "step-up," please see "7% Guaranteed Minimum Withdrawal Benefit" beginning on page 32. We stop deducting this charge upon the earlier of the date you annuitize or the date your Contract Value falls to zero. 5% FOR LIFE GUARANTEED MINIMUM WITHDRAWAL BENEFIT CHARGE. If you select the 5% For Life GMWB, you will pay a charge on an annual basis of the average daily net asset value of your allocations to the Investment Divisions that depends on the Owner's age, or the age of the older Owner in the case of joint Owners. Currently, for an Owner between the ages of: 60 and 64............................0.90% 65 and 69............................0.60% 70 and 74............................0.50% 75 and 80............................0.40% We reserve the right to prospectively change the charge on new Contracts or upon the selection of this benefit after issue, subject to the maximum annual charges for the same age groups, which are: 1.30%; 0.85%; 0.60%; and 0.50%, respectively. The charge may be reduced on the next Contract Anniversary following a birthday that places the Owner (or older Owner, as applicable) in the next age group if no withdrawals have been taken before that time. However, this charge reduction is not available upon the spouse's continuation of the Contract. For the Owner that is a legal entity, the charge is based on the Annuitant's age. We will stop deducting the charge upon the earliest of either the date you annuitized or if your Contract value falls to zero. 4% FOR LIFE GUARANTEED MINIMUM WITHDRAWAL BENEFIT CHARGE. If you select the 4% For Life GMWB, you will pay a charge on an annual basis of the average daily net asset value of your allocations to the Investment Divisions that depends on the Owner's age, or the age of the older Owner in the case of joint Owners. Currently, for an Owner between the ages of: 50 and 54............................0.65% 55 and 59............................0.50% 60 and 64............................0.35% 65 and 69............................0.25% 70 and 74............................0.20% 75 and 80............................0.15% We reserve the right to prospectively change the charge on new Contracts or upon the selection of this benefit after issue, subject to the maximum annual charges for the same age groups, which are: 0.85%; 0.65%; 0.50%; 0.35%; 0.30%; and 0.20%, respectively. The charge may be reduced on the next Contract Anniversary following a birthday that places the Owner (or older Owner, as applicable) in the next age group if no withdrawals have been taken before that time. However, this charge reduction is not available upon the spouse's continuation of the Contract. For the Owner that is a legal entity, the charge is based on the Annuitant's age. We will stop deducting the charge upon the earliest of either the date you annuitized or if your Contract value falls to zero. THREE-YEAR WITHDRAWAL CHARGE PERIOD. If you select the optional three-year withdrawal charge period feature, you will pay 0.45% 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. FIVE-YEAR WITHDRAWAL CHARGE PERIOD. If you select the optional five-year withdrawal charge period feature, you will pay 0.30% 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. 20% ADDITIONAL FREE WITHDRAWAL CHARGE. If you select the optional feature that permits you to withdraw 20% of premium (still subject to a withdrawal charge minus earnings) during a Contract Year without a withdrawal charge, you will pay 0.30% 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. OTHER EXPENSES. We pay the operating expenses of the Separate Account including those not covered by the mortality and expense and administrative charge. 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, JNL Variable Fund LLC and the JNLNY Variable Fund I LLC. For more information, please see the Fund Annual Expenses table beginning on page 7. 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 is 1.5% to 2% of a premium payment. 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 an 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, Inc., located at 8055 E. Tufts Avenue, Denver, Colorado 80237, serves as the distributor of the Contracts. Jackson National Life Distributors, Inc. is a wholly owned subsidiary of Jackson National Life Insurance Company. 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, 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, we may pay bonuses, overrides, and marketing allowances, in addition to the standard commissions. Contract purchasers should inquire of the representative if such bonus is available to them and its compliance with applicable law. 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. If you elect the optional Three Year Withdrawal Charge Period endorsement, a lower commission will be paid to the registered representative who sells you your Contract than if you elect to purchase the product without that endorsement. 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, Inc., we are affiliated with the following broker-dealers: o National Planning Corporation, o SII Investments, Inc., o IFC Holdings, Inc. d/b/a Invest Financial Corporation, o Investment Centers of America, Inc., and o BH 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. National Planning Corporation participates in the sales of shares of retail mutual funds advised by certain sub-advisers and other unaffiliated entities and receives selling and other compensation from them in connection with those activities, as described in the prospectus or statement of additional information for those funds. The fees range between 0.30% and 0.45% depending on these factors. In addition, the Distributor acts as distributor of variable annuity Contracts and variable life insurance policies (the "Other Contracts") issued by Jackson National Life Insurance Company and its subsidiary Jackson National Life Insurance Company of New York. 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. PURCHASES MINIMUM INITIAL PREMIUM: o $5,000 under most circumstances. o $2,000 for a qualified plan Contract. MINIMUM ADDITIONAL PREMIUMS: o $500 for a qualified or non-qualified plan. o $50 for an automatic payment plan. o You can pay additional premiums at any time during the accumulation phase. 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. The minimum you may allocate to a Fixed Account or Investment Division is $100. 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 Accounts. MAXIMUM PREMIUMS: o The maximum aggregate premiums you may make without our prior approval is $1 million. The payment of subsequent premiums relative to market conditions at the time they are made may or may not contribute to the various benefits under your Contract, including the death benefit, the GMIB or any GMWB. 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. These allocations will be subject to our minimum allocation rules described above. 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 either return your money or get your permission to keep it until we receive all of the required information. Each business day ends when the New York Stock Exchange closes (usually 4:00 p.m. Eastern time). OPTIONAL CONTRACT ENHANCEMENTS. If you elect one of our optional Contract Enhancements, then at the end of any business day in the first Contract Year when we receive a premium payment, we will credit your Contract Value with an additional 2%, 3% or 4% of your payment, depending upon which Contract Enhancement you have selected (for Contracts with Issue Dates BETWEEN SEPTEMBER 22, 2003 AND OCTOBER 3, 2004, the 4% Contract Enhancement is unavailable). There is a charge that is assessed against the Investment Divisions and the Fixed Account for the Contract Enhancements, and its amount depends upon which Contract Enhancement you elect. We will impose a Contract Enhancement recapture charge if you o make withdrawals in excess of the free withdrawals permitted by your Contract (or an additional free withdrawal endorsement if elected) or o return your Contract during the Free Look period. The amount and duration of the recapture charge depends upon which Contract Enhancement you elect. We will not impose the Contract Enhancement recapture charge if your withdrawal is made for extended care, withdrawal of earnings, withdrawals made in accordance with your Contract's free withdrawal provision or in accordance with an additional free withdrawal endorsement, amounts paid out as income payments or death benefits, or to satisfy minimum distribution requirements of the Internal Revenue Code. If the withdrawal requested exceeds the minimum distribution requirements, the recapture charge will be charged on the entire withdrawal amount. We expect to make a profit on these charges for the Contract Enhancements. Examples in Appendix B may assist you in understanding how recapture charges for the Contract Enhancement options work. Your Contract Value will reflect any gains or losses attributable to a Contract Enhancement described above. Contract Enhancements, and any gains attributable to a Contract Enhancement, distributed under your Contract will be considered earnings under the Contract for tax purposes. Asset-based charges are deducted from the total value of the Separate Account. In addition, for the Fixed Accounts, the Contract Enhancement charge lowers the credited rate that would apply if the Contract Enhancement had not been elected. Therefore, your Contract incurs charges on the entire amounts included in your Contract, which includes premium payments made in the first seven (five for the 2% Contract Enhancement) years, the Contract Enhancement and the earnings, if any, on such amounts for the first seven (five for the 2% Contract Enhancement) Contract Years. As a result, the aggregate charges assessed will be higher than those that would be charged if the Contract did not include the Contract Enhancement. Accordingly, it is possible that upon surrender, you will receive less money back than you would have if you had not elected the Contract Enhancement. Jackson National Life of NY will recapture all or part of any Contract Enhancements if you make withdrawals in the first seven (five for the 2% Contract Enhancement) years. 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. If you elect the Contract Enhancement and then make more than relatively small premium payments during Contract Years two through seven (five for the 2% Contract Enhancement), you would likely have lower account values than if you had not elected the Contract Enhancement. Thus, the Contract Enhancement is suitable only for those who expect to make substantially all of their premium payments in the first Contract Year. Charges for the Contract Enhancement are not assessed after the seventh Contract Year (fifth for the 2% Contract Enhancement). According, 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: o death benefits computed on the basis of Contract Value; o withdrawals taken under the 10% free withdrawal provision (or the 20% Additional Free Withdrawal Endorsement, if elected); o withdrawals necessary to satisfy the minimum distribution requirements of the Internal Revenue Code; o withdrawals under our extended care benefit. For more information, please see "Waiver of Withdrawal and Recapture Charges for Extended Care" beginning on page 45. For Contracts purchased ON OR AFTER SEPTEMBER 22, 2003, selection of a Contract Enhancement will prohibit allocation or transfer of any premium to the 3-, 5-, or 7-year Fixed Accounts during the recapture periods. If you purchased your Contract BETWEEN MARCH 18, 2003 AND SEPTEMBER 21, 2003, the 3% and 4% Contract Enhancements were not available and the 2% Contract Enhancement could not be elected with the five-year withdrawal charge period option. If you purchased your Contract BETWEEN JULY 14, 2003 AND SEPTEMBER 21, 2003, the 2% Contract Enhancement was not available. The 3% Contract Enhancement may not be selected with the 20% Additional Free Withdrawal option. 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 National Life of NY representative with respect to the current availability of 3, 5, 7 year Fixed Accounts and the availability of the Capital Protection program. 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 3.00% 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. Alternatively, assume Jackson National Life of NY receives a premium payment of $10,000 when the interest rate for the 7-year period is 6.75% per year. Jackson National Life 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: o determining the total amount of assets held in the particular Investment Division; o subtracting any charges and taxes chargeable under the Contract; and o dividing this amount by the number of outstanding Accumulation Units. The value of an Accumulation Unit may go up or down from day to day and may be different for different charges. 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 the 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. Transfers from the Fixed Account will be subject to any applicable Interest Rate Adjustment. There may be periods when we do not offer the Fixed Account, or when we impose special transfer requirements on the Fixed Account. If a renewal occurs within one year of the Income Date, we will credit interest up to the Income Date at the then Current Interest Rate for the Fixed Account Option. 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. RESTRICTIONS ON TRANSFERS. 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: o limiting the number of transfers over a period of time; o requiring a minimum time period between each transfer; o 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 o 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 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. 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.jnlny.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.jnlny.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 number 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. 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 telephone 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: o by making either a partial or complete withdrawal; o by electing the Systematic Withdrawal Program; o by electing a Guaranteed Minimum Withdrawal Benefit, or o by electing to receive income payments. Your Beneficiary can have access to the money in your Contract when a death benefit is paid. 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. 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. The proceeds will be sent to your last recorded address in our records, so be sure to notify us, in writing of any address change. 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 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. INCOME TAXES, TAX PENALTIES AND CERTAIN RESTRICTIONS MAY APPLY TO ANY WITHDRAWAL YOU MAKE. THERE ARE LIMITATIONS ON WITHDRAWALS FROM QUALIFIED PLANS. SEE "TAXES." 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 Investment Divisions and Fixed Account 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 THREE-YEAR WITHDRAWAL CHARGE PERIOD. You may elect an endorsement to your Contract that substitutes for the Contract's usual seven-year withdrawal charge period, a three-year withdrawal charge period with withdrawal charges in contribution years one through three of 6%, 4.5% and 2%, respectively, and 0% thereafter. The charge for this optional feature on an annualized basis is 0.45% of average daily net asset value of your allocations to the Investment Divisions. If you elect the optional Three Year Withdrawal Charge Period endorsement, a lower commission will be paid to the registered representative who sells you your Contract than if you elect to purchase the product without that endorsement. You may NOT elect this option if you elect Five-Year Withdrawal Charge endorsement or the 20% Additional Free Withdrawal endorsement. OPTIONAL FIVE-YEAR WITHDRAWAL CHARGE PERIOD. You may elect an endorsement to your Contract that substitutes for the Contract's usual seven-year withdrawal charge period a five-year withdrawal charge period with withdrawal charges in contribution years one through five of 6.5%, 5%, 3%, 2% and 1%, respectively, and 0% thereafter. The charge for this optional feature on an annualized basis is 0.30% of the average daily net asset value of your allocations to the Investment Divisions. You may NOT elect this option if you elect the Three-Year Withdrawal Charge endorsement. The charges for the Five-year or Three-year Withdrawal Charge Period options continue for as long as you hold the Contract. The potential benefits of these options 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). If you purchased your Contract BETWEEN MARCH 18, 2003, AND SEPTEMBER 21, 2003, the Five-Year Withdrawal Charge Period endorsement could not be elected with the 2% Contract Enhancement. 20% ADDITIONAL FREE WITHDRAWAL. You may elect an endorsement to your Contract that permits you to withdraw an additional 20% of premiums that are subject to a withdrawal charge, minus earnings during a Contract Year without a withdrawal charge. You will pay 0.30% on an annual basis of the average daily net asset value of your allocations to the Investment Divisions. This endorsement will replace the 10% Free Withdrawal. In addition, the 20% Free Withdrawal Endorsement is a liquidity feature that provides a benefit if you contemplate or need to take large withdrawals. The 20% Free Withdrawal Endorsement provides extra liquidity in any market environment but, when it is elected in combination with the GMWB, taking full advantage of the benefit in a declining market will have an adverse effect on the GMWB if your Contract Value falls below your Guaranteed Withdrawal Balance. ANYTIME YOU USE THE 20% FREE WITHDRAWAL ENDORSEMENT WHEN THE AMOUNT OF THE WITHDRAWAL EXCEEDS THE GAWA AND THE CONTRACT VALUE IS LESS THAN THE GWB, IT IS DISADVANTAGEOUS. You may NOT elect this option if you elect the Three-Year Withdrawal Charge endorsement, or the 3% or 4% Contract Enhancement. 7% GUARANTEED MINIMUM WITHDRAWAL BENEFIT. THE FOLLOWING DESCRIPTION OF THE 7% GMWB IS SUPPLEMENTED BY SOME EXAMPLES IN APPENDIX C THAT MAY ASSIST YOU IN UNDERSTANDING HOW THE 7% GMWB CALCULATIONS ARE MADE IN CERTAIN CIRCUMSTANCES. For Owners 80 years old and younger on the Contract's Issue Date, or on the date on which this endorsement is selected if after the Contract's Issue Date, a 7% GMWB may be available, 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. We may limit availability of this optional endorsement. Once selected, the 7% GMWB cannot be canceled. If you select the 7% GMWB when you purchase your Contract, your net premium payment will be used as the basis for determining the GWB. The 7% GMWB may also be selected after the Issue Date within the 30 days before any Contract Anniversary. If you select the 7% GMWB after the Issue Date, to determine the GWB, we will use your Contract Value less any recapture charges that would be paid were you to make a full withdrawal on the date the endorsement is added. 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. Upon selection, the GAWA is equal to 7% of the GWB. The GAWA will not be reduced if partial withdrawals taken within any one Contract Year do not exceed 7%. However, withdrawals are not cumulative. If you do not take 7% in one Contract Year, you may not take more than 7% the next Contract Year. If you withdraw more than the 7%, the guaranteed amount available may be less than the total premium payments and the GAWA may 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. Withdrawal charges, Contract Enhancement recapture charges, and Interest Rate Adjustments, as applicable, are taken into consideration in calculating the amount of your partial withdrawals pursuant to the 7% GMWB, 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 net premium payment. Also, the GAWA will increase by 7% of the net premium payment or 7% of the increase in the GWB, if the maximum GWB is reached. We require prior approval for a subsequent premium payment, however, that would result in your Contract having $1 million of premiums in the aggregate. 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 may 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) AND EVEN RESET TO THE THEN CURRENT CONTRACT VALUE, LIKELY REDUCING THE GAWA, TOO. Withdrawals greater than GAWA impact the GAWA differently, depending on when you selected the 7% GMWB, because the calculation is different. Recalculation of the GWB and GAWA may result in reducing or extending the payout period. Please refer to the examples in Appendix C for supplemental information about the impact of partial withdrawals. If the partial withdrawal plus all prior partial withdrawals made in the current Contract Year is less than or equal to the GAWA, the GWB is equal to the greater of: o the GWB prior to the partial withdrawal less the partial withdrawal; or o zero. If the partial withdrawal plus all prior partial withdrawals made in the current Contract Year is greater than the GAWA, the GWB is equal to the lesser of: o the Contract Value after the partial withdrawal, less any applicable recapture charges remaining after the partial withdrawal; or o the GWB prior to the partial withdrawal less the partial withdrawal, or zero, if greater. If all your partial withdrawals made in the current Contract Year are less than or equal to the GAWA, the GAWA is the lesser of: o the GAWA prior to the partial withdrawal; or o the GWB after the partial withdrawal. If the partial withdrawal plus all prior partial withdrawals made in the current Contract Year is greater than the GAWA, the GAWA is equal to the lesser of: o the GAWA prior to the partial withdrawal, or o the GWB after the partial withdrawal, - or - For Contracts to which this endorsement is added ON AND AFTER MAY 2, 2005, 7% of the Contract Value after the partial withdrawal, less any applicable recapture charges remaining after the withdrawal. For Contracts to which this endorsement is added BEFORE MAY 2, 2005, 7% of the greater of: 1. the Contract Value after the partial withdrawal, less any applicable recapture charges remaining after the partial withdrawal; or 2. the GWB after the partial withdrawal. For purposes of these calculations, all partial withdrawals are assumed to be the total amount withdrawn, including any withdrawal charges, recapture charges and Excess Interest Adjustments. Withdrawals made under the guarantee of this endorsement are considered to be the same as any other partial withdrawals for the purposes of calculating any other values under the Contract and any other endorsements. They are subject to the same restrictions and processing rules as described in the Contract. On or after your fifth anniversary after selecting the 7% GMWB, you may choose to "step-up" the GWB to equal your then current Contract Value. The request will be processed and effective on the day we receive the request in Good Order, which is within 30 days after a Contract Anniversary. Your GAWA then becomes the greater of: (i) 7% of the Contract Value on the effective date of the "step-up" or (ii) the GAWA prior to the "step-up." You would not choose a "step-up" if your current GWB is higher than your Contract Value. More than one "step up" is permitted, but there must be at least five Contract Years between "step ups." Before deciding to "step-up," please consult with the registered representative who helped you to purchase the Contract or contact us at our Annuity Service Center. SPOUSAL CONTINUATION. If the Contract is continued by the spouse, the spouse retains all rights previously held by the Owner and therefore may elect to add the 7% GMWB to the Contract within the 30 days prior to any Contract Anniversary following the continuation date of the original Contract's Issue Date. The 7% GMWB would become effective on the Contract Anniversary following receipt of the request in Good Order. If the spouse continues the Contract and the 7% GMWB endorsement already applies to the Contract, the 7% GMWB will continue and no adjustment will be made to the GWB or the GAWA at the time of continuation. Your spouse may elect to "step-up" on the continuation date. If the Contract is continued under the Special Spousal Continuation Option, 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). SURRENDER. If your Contract is surrendered, 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 7% GMWB. The 7% GMWB is terminated. 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. The total annual payment will equal the GAWA, but will not exceed the current 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, your Beneficiary will receive the scheduled payments. 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 before the payments have been completed, the remaining payments will be made to the Beneficiary. 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. EFFECT OF GMWB ON TAX DEFERRAL. The purchase of the 7% GMWB 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 7% GMWB. 5% FOR LIFE GUARANTEED MINIMUM WITHDRAWAL BENEFIT. BEFORE READING MORE ABOUT THE 5% FOR LIFE GMWB, PLEASE BE SURE TO FAMILIARIZE YOURSELF WITH THE 7% GMWB, AS DISCUSSED EARLIER, BECAUSE OF THE SIMILARITIES AND DIFFERENCES BETWEEN THE ENDORSEMENTS. THE FOLLOWING DESCRIPTION IS SUPPLEMENTED BY SOME EXAMPLES IN APPENDICES D AND E. For Owners between the ages of 60 and 80 on the Contract's Issue Date, or on the date on which this endorsement is selected if after the Contract's Issue Date, a 5% for Life GMWB may be available. (For the Owner that is a legal entity, the benefit is based on the Annuitant.) The 5% for Life GMWB permits you to make partial withdrawals prior to the Income Date that, in total, are guaranteed to at least equal the GWB (and because of the "for life" guarantee, your total withdrawals could be more than the GWB), regardless of your Contract Value. For the 5% for Life GMWB, how the GWB and GAWA are determined and the limitations are the same as the 7% GMWB, except that: o there is no recalculation of the GAWA if your total partial withdrawals in a Contract Year are less than or equal to the GAWA and your "for life" guarantee is still in effect; o the GAWA is 5% of the GWB o with any subsequent premium payments, the GAWA increases by 5% of the net premium payment, or 5% of the increase in the GWB if the maximum GWB is reached; there is a "for life" guarantee; and o for certain tax-qualified Contracts, withdrawals exceeding GAWA to meet a Contract's minimum distribution requirements under the Internal Revenue Code ("MRDs") may not invalidate the "for life" guarantee. "For life" means the longer of: the Owner's life, or with joint Owners, the life of the one dying first; or until total partial withdrawals deplete the GWB. So long as the "for life" guarantee is in effect, you may continue to take partial withdrawals of the GAWA (or MRD, if greater, for certain qualified plans) even after the Contract Value falls to zero. Because of the "for life" guarantee, we do not allow an ownership change of a Contract with this endorsement, except for the Owner that is a legal entity. With an Owner that is a legal entity, we will allow ownership to change to another legal entity or to the Annuitant, and the "for life" guarantee will remain in effect. However, even if the "for life" guarantee were to become invalid, we would not allow an ownership change. You will invalidate the "for life" guarantee if your total partial withdrawals in a Contract Year exceed the GAWA (or MRD, if greater, for certain qualified plans). The "for life" guarantee is terminated upon spousal continuation. The GWB of the 5% for Life GMWB may be "stepped-up" in the same fashion as the 7% GMWB, subject to the same conditions and requirements, with the GAWA based on 5% of the GWB or previous GAWA, if greater. With the 5% for Life GMWB, if your Contract Value is reduced to zero as a result of a partial withdrawal, contract charges or poor fund performance, the GAWA will automatically be paid no less frequently than annually, based on your instructions, through the "for life" guarantee, or until the GWB is depleted if the "for life" guarantee is no longer effective. Three is no fixed income option, in addition to the Contract's other income options, if you decide to annuitize your Contract. We require prior notice of an MRD (there is an administrative form). Eligible withdrawals that are specified as MRDs may only be taken based on the value of the Contract to which this endorsement applies. MRDs are calculated and taken on a calendar year basis, and the GAWA is based on Contract Years. Only your MRDs for one calendar year are allowed per Contract Year. However, with the calendar year in which your MRDs are to begin (generally, when you reach age 70 1/2), you may take your MRDs for the current and next calendar years during the same Contract Year, as necessary. Because the intervals for the GAWA and MRDs are different, the "for life" guarantee is more susceptible to being invalidated with tax-qualified Contracts if the sum of your total partial withdrawals exceed the greater of the GAWA or MRD in a Contract Year, especially in the first Contract Year of MRDs. Moreover, withdrawing more than the greater of the GAWA or MRD in any Contract Year could cause the GWB to be reduced by more than the dollar amount of the withdrawal(s) and even reset to the then current Contract Value, likely reducing the GAWA, as applicable, too. Please consult your tax adviser regarding MRDs prior to purchasing a tax-qualified Contract with the 5% for Life GMWB. 4% FOR LIFE GUARANTEED MINIMUM WITHDRAWAL BENEFIT. BEFORE READING MORE ABOUT THE 4% FOR LIFE GMWB, PLEASE BE SURE TO FAMILIARIZE YOURSELF WITH THE 7% GMWB, AS DISCUSSED IN THE IMMEDIATELY PRECEDING FEW SECTIONS, BECAUSE OF THE SIMILARITIES AND DIFFERENCES BETWEEN THE ENDORSEMENTS. ALSO, THE FOLLOWING DESCRIPTION IS SUPPLEMENTED BY SOME EXAMPLES IN APPENDICES F AND G. For Owners between the ages of 50 and 80 on the Contract's Issue Date, or on the date on which this endorsement is selected if after the Contract's Issue Date, a 4% for Life GMWB may be available. (For the Owner that is a legal entity, the benefit is based on the Annuitant.) The 4% for Life GMWB permits you to make partial withdrawals prior to the Income Date that, in total, are guaranteed to at least equal the GWB (and because of the "for life" guarantee, your total withdrawals could be more than the GWB), regardless of your Contract Value. For the 4% for Life GMWB, how the GWB and GAWA are determined and the limitations are the same as the 7% GMWB, except that: o there is no recalculation of the GAWA if your total partial withdrawals are less than or equal to the GAWA and your "for life" guarantee is still in effect; o the GAWA is 4% of the GWB; o with any subsequent premium payments, the GAWA increases by 4% of the net premium payment, or 4% of the increase in the GWB if the maximum GWB is reached; and o there is a "for life" guarantee. "For life" means the longer of: the Owner's life, or with joint Owners, the life of the one dying first; or until total partial withdrawals deplete the GWB. So long as the "for life" guarantee is in effect, you may continue to take partial withdrawals of the GAWA even after the Contract Value falls to zero. Because of the "for life" guarantee, we do not allow an ownership change of a Contract with this endorsement, except for the Owner that is a legal entity. With an Owner that is a legal entity, we will allow ownership to change to another legal entity or to the Annuitant, and the "for life" guarantee will remain in effect. However, even if the "for life" guarantee were to become invalid, we would not allow an ownership change. You will invalidate the "for life" guarantee if your total partial withdrawals in a Contract Year exceed the GAWA. The "for life" guarantee is terminated upon spousal continuation. The GWB of the 4% for Life GMWB may be "stepped-up" in the same fashion as the 7% GMWB, subject to the same conditions and requirements, but with the GAWA based on 4% of the GWB or the previous GAWA, if greater. With the 4% for Life GMWB, if your Contract Value is reduced to zero as a result of a partial withdrawal, contract charges or poor fund performance, the GAWA will automatically be paid no less frequently than annually, based on your instructions, through the "for life" guarantee, or until the GWB is depleted if the "for life" guarantee is no longer effective. There is no fixed income option, in addition to the Contract's other income options, if you decide to annuitize your Contract. Please consult your tax adviser prior to purchasing a Contract with the 4% for Life GMWB. YOU MAY ELECT ONLY ONE GMWB. YOU MAY NOT ELECT BOTH A GMWB AND THE GMIB, AND YOU MAY NOT ADD A GMWB AFTER THE ISSUE DATE TO A CONTRACT WITH THE GMIB. 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. 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: o the New York Stock Exchange is closed (other than customary weekend and holiday closings); o under applicable SEC rules, trading on the New York Stock Exchange is restricted; o 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, o 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 Accounts 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 any time before the Income Date. You must give us written notice at least seven days before the scheduled Income Date. Income payments must begin by your 90th birthday under a non-qualified Contract or the calendar year in which you attain age 70 1/2 under a traditional Individual Retirement Annuity (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. 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. If you have less than $5,000 (BEFORE SEPTEMBER 22, 2003 - $2,000) to apply toward an income option, we may provide your payment in a single lump sum. Likewise, if your first income payment would be less than $50 (BEFORE SEPTEMBER 22, 2003 - $20), we may set the frequency of payments so that the first payment would be at least $50 (BEFORE SEPTEMBER 22, 2003 - $20). 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: o the amount of your Contract Value you allocate to the Investment Division(s) on the Income Date; o 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; o which income option you select; and o 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 2.50%. For Contracts issued BEFORE OCTOBER 4, 2004, the assumed investment rate is 3%. 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 payment. 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. 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. 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 with an income option that is life contingent. GUARANTEED MINIMUM INCOME BENEFIT. The optional Guaranteed Minimum Income Benefit ("GMIB") endorsement guarantees a minimum fixed income benefit (under certain life contingent options) after a period of at least 10 Contract Years (7 Contract years if this option was elected BEFORE SEPTEMBER 22, 2003), subject to specific conditions, regardless of the Allocation Option(s) you select during the accumulation phase. The guarantee is different depending on when you purchased a Contract. This benefit is only available if o you elect it prior to your Contract's Issue Date; o the Annuitant is not older than age 75 (78 if this option was elected BEFORE SEPTEMBER 22, 2003) on the Issue Date; and o you exercise it on or within 30 calendar days of your 10th (7th if this option was elected BEFORE SEPTEMBER 22, 2003), or any subsequent Contract Anniversary, but in no event later than the 30 calendar day period following the Contract Anniversary immediately following the Annuitant's 85th birthday. The GMIB will terminate and will not be payable at the earliest of: o the Income Date (if prior to the effective date of the GMIB); o the 31st calendar day following the Contract Anniversary immediately after the Annuitant's 85th birthday; o the date you make a total withdrawal from the Contract; o upon your death (unless your spouse is your Beneficiary, elects to continue the Contract and is eligible for this benefit); or o if the Owner is not a natural person, upon the death of the Annuitant. Once elected, the GMIB cannot be terminated in any other way while your Contract is in force. You have the option of taking the GMIB instead of the other income options described above. Your monthly income option payments will be calculated by applying the "GMIB Benefit Base" (described below) to the annuity rates in the table of guaranteed purchase rates attached to the GMIB endorsement. The only type of income payments available under the GMIB are life contingent fixed annuity income payments. The fixed annuity payment income options currently available are: OPTION 1 - Life Income, OPTION 2 - Joint and Survivor, OPTION 3 - Life Annuity with 120 Monthly Periods Guaranteed, and OPTION 4 - Joint and Survivor Life Annuity with 120 Monthly Periods Guaranteed. No other income options will be available. The GMIB may not be appropriate for Owners who will be subject to any minimum distribution requirements under an IRA or other qualified plan prior to the expiration of 10 (7 if this option was elected BEFORE SEPTEMBER 22, 2003) Contract Years. Please consult a tax advisor on this and other matters of selecting income options. The GMIB only applies to the determination of income payments under the income options specified above. It is not a guarantee of Contract Value or performance. This benefit does not enhance the amounts paid in any withdrawals or death benefits. You will not receive any benefit under this endorsement if you make a total withdrawal of your Contract Value. Both the amount of the GMIB and the quarterly charge for the GMIB (described above in the Charges section) are based upon an amount called the "GMIB BENEFIT BASE." The GMIB Benefit Base is the GREATER OF (A) OR (B), WHERE: (A) IS THE ROLL-UP COMPONENT WHICH IS EQUAL TO: o all premiums you have paid (net of any applicable premium taxes); PLUS o any Contract Enhancements credited on or before the business day the GMIB Benefit Base is being calculated; MINUS o an adjustment (described below) for any withdrawals (including any applicable charges and Interest Rate Adjustments to those withdrawals) compounded at an annual interest rate of 5% from the Issue Date until the earlier of the Annuitant's 80th birthday or the exercise date of the GMIB. For Contracts issued BEFORE MAY 2, 2005, with the Roll-Up Component, any taxes incurred and the following charges are also subtracted from your premiums and Contract Enhancements: annual contract maintenance charges; transfer charges; and any applicable non-asset based Contract charges due (other than the GMIB charge) under any optional endorsement. For Contracts issued BEFORE MAY 3, 2004, the annual interest rate is 6%. If this option was elected BEFORE SEPTEMBER 22, 2003, compounding is unavailable. All adjustments for Premiums and Contract Enhancements are made on the date of Premium payment. All withdrawal adjustments are made at the end of the Contract Year and on the date the GMIB is exercised. For total withdrawals up to 5% of the Roll-Up Component as of the previous Contract Anniversary, the withdrawal adjustment is the dollar amount of the withdrawal (including any applicable charges and adjustments to such withdrawal). After processing any applicable dollar for dollar portion of the withdrawal, the withdrawal adjustment for total withdrawals in a Contract Year in excess of 5% of the Roll-Up Component as of the previous Contract Anniversary is the Roll-Up Component immediately prior to the withdrawal multiplied by the percentage reduction in the Contract Value attributable to the withdrawal (including any applicable charges and adjustments to such withdrawal). In calculating the withdrawal adjustment, the Issue Date is considered a Contract Anniversary. Generally, the larger the withdrawal, the greater the impact on the GMIB Benefit Base. Please note also that when the Contract Value is greater than the Roll-Up Component, dollar for dollar withdrawals would result in a larger withdrawal adjustment than would proportional withdrawals. However, all withdrawals will be processed as described above, regardless of the level of the Contract Value. For example the calculations for a Contract issued with an initial Premium payment of $10,000, the Guaranteed Minimum Income Benefit, and a 4% Contract Enhancement would be as follows. Assume the Owner takes a gross withdrawal during the Contract Year of $400, which is less than 5% of the Roll-Up Component as of the previous Contract Anniversary and therefore treated as a dollar-for-dollar withdrawal at the end of the Contract Year. The Roll-Up Component of the GMIB Benefit Base at the end of the year will be equal to the Premium and Contract Enhancement accumulated at 5% to the end of the year; less the annual contract maintenance charge of $35 which is assessed on any Contract Anniversary when the Contract Value is less than $50,000; less the withdrawal adjustment of $400 made at the end of the year. The resulting Roll-Up Component is equal to ($10,000 + $400) x 1.05 - $35 - $400 = $10,485. This example does not take into account taxes. For Contracts issued BEFORE MAY 2, 2004, withdrawal adjustments are made at the time of the withdrawal and reduce the Roll-Up Component of the Benefit Base in the same proportion as the reduction in Contract Value. AND (B) IS THE GREATEST CONTRACT VALUE COMPONENT AND IS EQUAL TO: o the greatest Contract Value on any Contract Anniversary prior to the Annuitant's 81st birthday; MINUS o an adjustment (described below) for any withdrawals after that Contract Anniversary (including any applicable charges and Interest Rate Adjustments for those withdrawals); PLUS o any premiums paid (net of any applicable premium taxes) after that Contract Anniversary; MINUS o any annual contract maintenance charge, transfer charge, and any applicable non-asset based charges due under any optional endorsement deducted after that Contract Anniversary; and MINUS o any taxes deducted after that Contract Anniversary. All adjustments are made on the date of the applicable listed events and their transaction. The withdrawal adjustment is the Greatest Contract Anniversary Value Component immediately prior to the withdrawal multiplied by the percentage reduction in the Contract Value attributable to the withdrawal (including any applicable charges and adjustments for such withdrawals). Neither component of the GMIB Benefit Base will ever exceed: o 200% of premiums paid (net of any applicable premium taxes and excluding premiums paid in the 12 months prior to the date the GMIB is exercised); MINUS o any withdrawals (including related charges and adjustments). For Contracts issued BEFORE MAY 2, 2005, with both components of the GMIB Benefit Base, any taxes incurred and the following charges are also subtracted from your premiums: annual contract maintenance charges; transfer charges; and any non-asset based Contract charges due under any optional endorsement. The applicability of this limitation will be determined after the calculation of each component of the GMIB Benefit Base. If you are the Annuitant under your Contract and your spouse continues the Contract after your death, your spouse will become the Annuitant and will continue to be eligible for the GMIB as long as he or she would have been eligible as an Annuitant when your Contract was issued and is age 84 or younger. If your spouse does not satisfy those criteria, then the GMIB will terminate and the charge for the GMIB discontinued. Similarly, if an Owner who is a natural person is not the Annuitant and the Annuitant dies, you (the Owner) may select a new Annuitant (who must be a person eligible to be an Annuitant on the Issue Date and is age 84 or younger). If the new Annuitant in that situation does not satisfy those criteria then the GMIB will terminate and the GMIB charge discontinued. In the event of joint Annuitants, the age of the youngest Annuitant will be used for all these determinations. Among other requirements applicable to Contracts issued to entities/Owners, the use of multiple Contracts by related entities to avoid maximum premium limits is not permitted. Availability of the GMIB, with multiple Contracts or otherwise, is subject to our administrative rules designed to assure its appropriate use. We may update these rules as necessary. YOU MAY NOT ELECT BOTH THE GMIB AND A GMWB, AND YOU MAY NOT ELECT TO ADD A GMWB AFTER THE ISSUE DATE TO A CONTRACT WITH THE GMIB. DEATH BENEFIT The Contract has a death benefit, namely the basic death benefit, which is payable during the accumulation phase. Or you may select an optional death benefit for an additional charge. The optional death benefit is only available upon application, and once chosen, cannot be canceled. 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 any required interest from the date of death. The death benefit paid will be the basic death benefit unless you have selected the 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 Annuity Service Center 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: o your Contract Value on the date we receive all required documentation from your Beneficiary; or o 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. For Contracts issued BEFORE OCTOBER 4, 2004, the withdrawal adjustment is equal to the dollar amount of the withdrawal, and this component of the death benefit would be further reduced by any annual contract maintenance charges, transfer charges, any applicable charges due under any optional endorsement and premium taxes. For Contracts issued BEFORE SEPTEMBER 22, 2003, there is a third component. The death benefit could also be the greatest Anniversary Value before your 86th birthday. The "Anniversary Value" is your Contract Value on the first day of a Contract year, minus any withdrawals (and applicable charges) and plus any additional premiums since that day. OPTIONAL DEATH BENEFIT. The Highest Anniversary Death Benefit is available, which is 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. Because there is an additional annual charge for this optional death benefit, 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 the optional death benefit. This optional death benefit is available if you are 79 years of age or younger on the Contract's Issue Date. However, the older you are when your Contract is issued, the less advantageous it would be for you to select an optional death benefit. The 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 benefit, "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 applicable charges will have occurred proportionally at the time of the deductions. For Contracts issued BEFORE OCTOBER 4, 2004, the withdrawal adjustment is instead equal to the dollar amount of the withdrawals and your premium payments are further reduced by the annual contract maintenance charges, transfer charges, the charges for any optional benefit endorsements, and taxes. Also for Contracts issued BEFORE OCTOBER 4, 2004, the withdrawal adjustment is instead equal to the dollar amount of your withdrawals. HIGHEST ANNIVERSARY VALUE DEATH BENEFIT changes your basic death benefit to the greatest of: (a) your Contract Value on the date we receive all required documentation from your Beneficiary; or (b) total Net Premiums since your Contract was issued; or (c) your greatest Contract Value on any Contract Anniversary prior to your 81st birthday, REDUCED BY any withdrawals (including any applicable withdrawal charges and adjustments for withdrawals) in proportion to the reduction of Contract Value at the time of withdrawal, annual contract maintenance charges, transfer charges, and any applicable charges due under any optional endorsement subsequent to that Contract Anniversary, PLUS any premiums paid (net of any applicable premium taxes) and minus taxes deducted subsequent to that Contract Anniversary. All adjustments occur at the time of the transaction. PAYOUT OPTIONS. The Contract's death benefit is payable pursuant to one of the following payout options: o single lump sum payment; or o payment of entire death benefit within 5 years of the date of death; or o 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 61. 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. The GMIB will terminate upon your death (and no further GMIB 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 "Guaranteed Minimum Income Benefit" beginning on page 54. Similarly, a 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 "7% Guaranteed Minimum Withdrawal Benefit" beginning on page 46. Because the "for life" guarantee would no longer be in effect with the 5% or 4% for Life GMWB, however, the benefit would allow the spouse to take partial withdrawals until the GWB is depleted. The Contract, and its optional benefits, remains the same. There is no charge for the Spousal Continuation Option; however, your spouse will also be subject to the same fees, charges and expenses under the Contract as you were. 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. If you do not name a new Annuitant within 30 days of the death of the Annuitant, you 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. 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 qualified Contract. The related retirement or pension plans may also be referred to as qualified plans. 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, and any unrelated retirement plan as non-qualified as well. 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 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 is taxable as ordinary income to the extent it does not exceed the accumulated earnings under the Contract. 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: o paid on or after the date you reach age 59 1/2; o paid to your Beneficiary after you die; o paid if you become totally disabled (as that term is defined in the Code); o 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; o paid under an immediate annuity; or o which come from premiums made prior to August 14, 1982. 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 minimum distribution requirements 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 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: o reaches age 59 1/2; o leaves his/her job; o dies; o becomes disabled (as that term is defined in the Code); or o 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: o there was a written agreement providing for payments of the fees solely from the annuity Contract, o the Contract Owner had no liability for the fees and o the fees were paid solely from the annuity Contract to the adviser. EXTENSION OF LATEST INCOME DATE. If you do not annuitize your Contract on or before the Latest Income Date, it is possible that the IRS could challenge the status of your Contract as an annuity Contract for tax purposes. The result of such a challenge could be that you would be viewed as either constructively receiving the increase in the Contract Value each year from the inception of the Contract or the entire increase in the Contract Value would be taxable in the year you attain age 90. In either situation, you could realize taxable income even if the Contract proceeds are not distributed to you at that time. Accordingly, before purchasing a Contract, you should consult your tax advisor with respect to these issues. 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. 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 National 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 twelve investment options with the insurance company having the ability to add an additional 8 options whereas a Contract offers 55 Investment Divisions and at least one Fixed Account, although a Contract Owner can select 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 National 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, distributions from a Contract are subject to 10% federal income tax withholding 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. Any distribution from a tax-qualified contract eligible for rollover 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; (c) a hardship withdrawal; or (d) the non-taxable portion of a distribution. OTHER INFORMATION DOLLAR COST AVERAGING. If the amount allocated to the Investment Divisions plus the amount allocated to Fixed Accounts 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 Accounts from the one-year Fixed Accounts or any of the Investment Divisions. In the case of transfers from the one-year Fixed Accounts or Investment Divisions with a stable unit value, this 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. Dollar Cost Averaging and Rebalancing are mutually exclusive, you cannot select both. 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 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. Dollar Cost Averaging and Rebalancing are mutually exclusive, you cannot select both. 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 o the Contract Value in the Investment Divisions, PLUS o any fees and expenses deducted from the premium prior to allocation to the Investment Divisions, PLUS o the full amount of premium you allocated to the Fixed Accounts (minus any withdrawals), minus o 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 we receive the Contract or the date you return it to the selling agent. We will return premium payments where required by law. ADVERTISING. From time to time, we may advertise several types of performance of the Investment Divisions. o TOTAL RETURN is the overall change in the value of an investment in an Investment Division over a given period of time. o STANDARDIZED AVERAGE ANNUAL TOTAL RETURN is calculated in accordance with SEC guidelines. o 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. o 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. LEGAL PROCEEDINGS. There are no material legal proceedings, other than the ordinary routine litigation incidental to the business to which Jackson National Life Insurance Company of New York is a party. Jackson National Life Insurance Company ("Jackson National" or "JNL"), Jackson National Life of NY's parent, is a defendant in a number of civil proceedings substantially similar to other litigation brought against many life insurers alleging misconduct in the sale or administration of insurance products. These matters are sometimes referred to as market conduct litigation. The market conduct litigation currently pending against JNL asserts various theories of liability and purports to be filed on behalf of individuals or differing classes of persons in the United States who purchased either life insurance or annuity products from JNL during periods ranging from 1981 to present. JNL has retained national and local counsel experienced in the handling of such litigation. To date, such litigation has either been resolved by Jackson National on a non-material basis, or is being vigorously defended. At this time, it is not feasible to make a meaningful estimate of the amount or range of loss that could result from an unfavorable outcome in such actions. PRIVACY POLICY COLLECTION OF NONPUBLIC PERSONAL INFORMATION. We collect nonpublic personal information (financial and health) about you from some or all of the following sources: o Information we receive from you on applications or other forms; o Information about your transactions with us; o Information we receive from a consumer reporting agency; o Information we obtain from others in the process of verifying information you provide us; and o Individually identifiable health information, such as your medical history, when you have applied for a life insurance policy. DISCLOSURE OF CURRENT AND FORMER CUSTOMER NONPUBLIC PERSONAL INFORMATION. We WILL NOT DISCLOSE our current and former customers' nonpublic personal information to affiliated or nonaffiliated third parties, EXCEPT AS PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, WE MAY DISCLOSE to either affiliated or nonaffiliated third parties all of the nonpublic personal financial information that we collect about our customers, as described above. In general, any disclosures to affiliated or nonaffiliated parties will be for the purpose of them providing services for us so that we may more efficiently administer your Contract and process the transactions and services you request. WE DO NOT SELL INFORMATION TO EITHER AFFILIATED OR NON-AFFILIATED PARTIES. We also share customer name and address information with unaffiliated mailers to assist in the mailing of company newsletters and other Contract Owner communications. Our agreements with these third parties require them to use this information responsibly and restrict their ability to share this information with other parties. We do not internally or externally share nonpublic personal health information other than, as permitted by law, to process transactions or to provide services that you have requested. These transactions or services include, but are not limited to, underwriting life insurance policies, obtaining reinsurance of life policies and processing claims for waiver of premium, accelerated death benefits, terminal illness benefits or death benefits. SECURITY TO PROTECT THE CONFIDENTIALITY OF NONPUBLIC PERSONAL INFORMATION. We HAVE SECURITY PRACTICES AND PROCEDURES in place to prevent unauthorized access to your nonpublic personal information. Our practices of safeguarding your information help protect against the criminal use of the information. Our employees are bound by a Code of Conduct requiring that all information be kept in strict confidence, and they are subject to disciplinary action for violation of the Code. We RESTRICT ACCESS to nonpublic personal information about you to those employees who need to know that information to provide products or services to you. We MAINTAIN PHYSICAL, ELECTRONIC AND PROCEDURAL SAFEGUARDS that comply with federal and state regulations to guard your nonpublic personal information.
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TABLE OF CONTENTS OF THE STATEMENT OF ADDITIONAL INFORMATION General Information and History ..............................................2 Services .....................................................................3 Purchase of Securities Being Offered .........................................3 Underwriters .................................................................3 Calculation of Performance ...................................................4 Additional Tax Information ...................................................6 Net Investment Factor .......................................................18 Financial Statements ........................................................19 Accumulation Unit Value ....................................................A-1
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APPENDIX A DOW JONES DOES NOT: o Sponsor, endorse, sell or promote the JNL/Mellon Capital Management The DowSM 10 Fund. o Recommend that any person invest in the JNL/Mellon Capital Management Trust The DowSM 10 Fund or any other securities. o Have any responsibility or liability for or make any decisions about the timing, amount or pricing of the JNL/Mellon Capital Management The DowSM 10 Fund. o Have any responsibility or liability for the administration, management or marketing of the JNL/Mellon Capital Management The DowSM 10 Fund. o Consider the needs of the JNL/Mellon Capital Management The DowSM 10 Fund, or the owners of the JNL/Mellon Capital Management The DowSM 10 Fund, in determining, composing or calculating the DJIA or have any obligation to do so. -------------------------------------------------------------------------------- DOW JONES WILL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE JNL/MELLON CAPITAL MANAGEMENT THE DOWSM 10 FUND. SPECIFICALLY, o DOW JONES DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AND DOW JONES DISCLAIMS ANY WARRANTY ABOUT: o THE RESULTS TO BE OBTAINED BY THE JNL/MELLON CAPITAL MANAGEMENT THE DOWSM 10 FUND, THE OWNERS OF THE JNL/MELLON CAPITAL MANAGEMENT THE DOWSM 10 FUND OR ANY OTHER PERSON IN CONNECTION WITH THE USE OF THE DJIA AND THE DATA INCLUDED IN THE DJIA; o THE ACCURACY OR COMPLETENESS OF THE DJIA AND ITS DATA; o THE MERCHANTABILITY AND THE FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE DJIA AND ITS DATA. o DOW JONES WILL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS OR INTERRUPTIONS IN THE DJIA OR ITS DATA. o UNDER NO CIRCUMSTANCES WILL DOW JONES BE LIABLE FOR ANY LOST PROFITS OR INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES, EVEN IF DOW JONES KNOWS THAT THEY MIGHT OCCUR. o THE LICENSING AGREEMENT BETWEEN JACKSON NATIONAL LIFE INSURANCE COMPANY AND DOW JONES IS SOLELY FOR THEIR BENEFIT AND NOT FOR THE BENEFIT OF THE OWNERS OF THE JNL/MELLON CAPITAL MANAGEMENT THE DOWSM 10 FUND OR ANY OTHER THIRD PARTIES. --------------------------------------------------------------------------------
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APPENDIX B [Enlarge/Download Table] ----------------------------------------------------------------------------------------------------------------- JNL/NY EXAMPLE 1 ----------------------------------------------------------------------------------------------------------------- 100,000.00 : Premium 4.00% : Withdrawal Charge Year 4 3.00% : Contract Enhancement 2.00% : Recapture Charge Year 4 5.00% : Net Return AT END OF YEAR 4 125,197.14 : Contract Value at end of year 4 100,000.00 : Net Withdrawal requested 25,197.14 : Earnings 79,577.51 : Premium withdrawn (grossed up to account for Withdrawal Charge and Recapture Charge) --------- 104,744.65 : Total Gross Withdrawal 104,774.65 : Total Gross Withdrawal -3,183.10 : Withdrawal Charge -1,591.55 : Recapture Charge --------- 100,000.00 : Total Net Withdrawal ----------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------- JNL/NY EXAMPLE 2 ----------------------------------------------------------------------------------------------------------------- 10/1/05 100,000.00 : Premium 5.00% : Withdrawal Charge Contribution Year 3 2.00% : Recapture Charge Contribution Year 3 12/1/05 100,000.00 : Premium 6.00% : Withdrawal Charge Contribution Year 2 3.00% : Recapture Charge Contribution Year 2 3.00% : Contract Enhancement 0.00% : Net Return 11/1/07 206,000.00 : Contract Value 150,000.00 : Net Withdrawal Requested 6,000.00 : Earnings 14,000.00 : 10% Additional Free Withdrawal Amount 100,000.00 : Premium 1 withdrawn (grossed up to account for Withdrawal Charge and Recapture Charge) 40,659.34 : Premium 2 withdrawn (grossed up to account for Withdrawal Charge and Recapture Charge) --------- 160,659.34 : Total Gross Withdrawal 160,659.34 : Total Gross Withdrawal -5,000.00 : Withdrawal Charge from Premium 1 -2,000.00 : Recapture Charge from Premium 1 -2,439.56 : Withdrawal Charge from Premium 2 -1,219.78 : Recapture Charge from Premium 2 --------- 150,000.00 : Total Net Withdrawal -----------------------------------------------------------------------------------------------------------------
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APPENDIX C THESE EXAMPLES ARE PROVIDED TO ASSIST YOU IN UNDERSTANDING HOW THE GWB AND GAWA VALUES ARE COMPUTED, AND HOW THEY MAY BE ALTERED BY VARIOUS EVENTS, INCLUDING SUBSEQUENT PREMIUM PAYMENTS, ELECTION OF THE "STEP-UP," OR PARTIAL WITHDRAWALS. THE EXAMPLES ONLY DEPICT LIMITED CIRCUMSTANCES, AND SPECIFIC FACTUAL ASSUMPTIONS. THE RESULTS MAY VARY DEPENDING UPON THE TIMING OR SEQUENCE OF ACTIONS, AS WELL AS CHANGES IN MARKET CONDITIONS. IF YOU ARE CONTEMPLATING ELECTING THE GMWB, OR EXERCISING ANY RIGHTS THEREUNDER, PLEASE CONSIDER IN MAKING YOUR DECISIONS THE RESULTS BASED ON THE SPECIFIC FACTS THAT APPLY TO YOU. ALL OF THE FOLLOWING EXAMPLES ASSUME YOU SELECT THE 7% GMWB WHEN YOU PURCHASE YOUR CONTRACT AND YOUR INITIAL PREMIUM PAYMENT IS $100,000. NO OTHER OPTIONAL BENEFITS ARE SELECTED. THEY ALSO ASSUME THAT NO CHARGES OR ADJUSTMENTS WILL APPLY TO PARTIAL WITHDRAWALS. EXAMPLE 1: AT ISSUE, THE GWB AND GAWA ARE DETERMINED. o Your Guaranteed Withdrawal Balance (GWB) is $100,000, which is your initial Premium payment. o Your Guaranteed Annual Withdrawal Amount (GAWA) is $7,000, which is 7% of your GWB. EXAMPLE 2: SUBSEQUENT PREMIUM PAYMENT. If you make an additional Premium payment of $50,000 before you make any withdrawals, then o Your GWB is $150,000, which is your prior GWB ($100,000) plus your additional Premium payment ($50,000). o Your GAWA is $10,500, which is your prior GAWA ($7,000) plus 7% of your additional Premium payment ($3,500). EXAMPLE 3: WITHDRAWAL EQUAL TO THE GAWA. If you take the GAWA ($7,000) as a withdrawal before the end of the first Contract Year, then o Your GWB becomes $93,000, which is your prior GWB ($100,000) minus the GAWA ($7,000). o Your GAWA for the next year remains $7,000, because you did not take more than the GAWA ($7,000). EXAMPLE 4: WITHDRAWAL GREATER THAN THE GAWA WHEN THE CONTRACT VALUE HAS INCREASED DUE TO POSITIVE MARKET PERFORMANCE AND THE GAWA IS REDUCED AS A RESULT OF THE TRANSACTION. If you withdraw $60,000 and your Contract Value is $150,000 at the time of withdrawal, then o We recalculate your GWB by comparing the results of two calculations and choosing the lesser amount: o First, we deduct the amount of the withdrawal ($60,000) from your Contract Value ($150,000). This equals $90,000 and is your new Contract Value. o Second, we deduct the amount of the withdrawal ($60,000) from your GWB ($100,000). This is $40,000. Your new GWB is $40,000, since this is the lesser of the two amounts. o Since the Contract Value after the partial withdrawal ($90,000) is more than the new GWB ($40,000), but less than the GWB prior to the partial withdrawal ($100,000), the GAWA is reduced. The new GAWA is 7% of the greater of the Contract Value after the partial withdrawal or the new GWB, which is $6,300. o After the withdrawal, if you took withdrawals of the GAWA, it would take 7 additional years to deplete the new GWB. EXAMPLE 5: WITHDRAWAL GREATER THAN THE GAWA WHEN THE CONTRACT VALUE HAS INCREASED DUE TO POSITIVE MARKET PERFORMANCE AND THE GAWA REMAINS UNCHANGED. If you withdraw $40,000 and your Contract Value is $150,000 at the time of withdrawal, then o We recalculate your GWB by comparing the results of two calculations and choosing the lesser amount: o First, we deduct the amount of the withdrawal ($40,000) from your Contract Value ($150,000). This equals $110,000 and is your new Contract Value. o Second, we deduct the amount of the withdrawal ($40,000) from your GWB ($100,000). This is $60,000. Your new GWB is $60,000, since this is the lesser of the two amounts. o Since the Contract value after the partial withdrawal ($110,000) is more than the new GWB ($60,000) and more than the GWB prior to the partial withdrawal ($100,000), the GAWA is unchanged. The GAWA remains $7,000. o After the withdrawal, if you took withdrawals of the GAWA, it would take 9 additional years to deplete the new GWB. EXAMPLE 6: WITHDRAWAL GREATER THAN THE GAWA WHEN THE CONTRACT VALUE HAS DECREASED DUE TO NEGATIVE MARKET PERFORMANCE. If you withdraw $50,000 and your Contract value is $80,000 at the time of withdrawal, then o We recalculate your GWB by comparing the results of two calculations and choosing the lesser amount: o First, we deduct the amount of the withdrawal ($50,000) from your Contract value ($80,000). This equals $30,000 and is your new Contract value. o Second, we deduct the amount of the withdrawal ($50,000) from your GWB ($100,000). This is $50,000. Your new GWB becomes $30,000, since this is the lesser of the two amounts. o Since the Contract value prior to the partial withdrawal ($80,000) is less than or equal to the GWB prior to the partial withdrawal ($100,000), the GAWA is reduced. The new GAWA is 7% of the new GWB, which is $2,100. o After the withdrawal, if you took withdrawals of the GAWA, it would take 15 additional years to deplete the new GWB. EXAMPLE 7: STEP-UP. If you elect to "step-up" your GMWB on a Contract Anniversary at least 5 years after electing the GMWB, assuming you have made no withdrawals and your Contract value at the time of step-up is $200,000, then o We recalculate your GWB to equal your Contract value, which is $200,000. o We recalculate your GAWA by comparing your GAWA before the step-up ($7,000) to 7% of your new GWB ($14,000) and choose the greater amount ($14,000). This is your new GAWA. o After the "step-up," if you took withdrawals of the GAWA, it would take 15 additional years to deplete the new GWB. EXAMPLE 8: VALUES MAY DIFFER BASED ON THE ORDER OF YOUR ELECTIONS. THE FOLLOWING TWO EXAMPLES DEMONSTRATE THE DIFFERENT RESULTS IF YOU ELECT A "STEP-UP" PRIOR TO SUBMITTING A WITHDRAWAL REQUEST RATHER THAN MAKING THE WITHDRAWAL PRIOR TO A "STEP-UP." If your Contract value prior to any transactions is $200,000 and you wish to "step-up" your GMWB on a Contract Anniversary at least 5 years after electing the GMWB (assuming you have made no prior withdrawals) but also wish to take the original GAWA ($7,000) as a withdrawal, then 8A: STEP-UP FOLLOWED BY WITHDRAWAL. o Upon step-up, we recalculate your GWB to equal your Contract value, which is $200,000. We then recalculate your GAWA by comparing your GAWA before the step-up ($7,000) to 7% of your new GWB ($14,000) and choose the greater amount ($14,000). This is your new GAWA. o Upon withdrawal of less than or equal to the GAWA, your GWB becomes $193,000, which is your prior GWB ($200,000) minus the withdrawal ($7,000). Your GAWA remains $14,000, because you did not take more than the GAWA. o After the withdrawal, if you took withdrawals of the GAWA, it would take 14 additional years to deplete the new GWB. 8B: WITHDRAWAL FOLLOWED BY A STEP-UP. o Upon withdrawal of less than or equal to the GAWA, your GWB becomes $93,000, which is your prior GWB ($100,000) minus the withdrawal ($7,000). Your GAWA remains $7,000, because you did not take more than the GAWA. o Upon step-up, we recalculate your GWB to equal your Contract value after the withdrawal, which is $193,000. We then recalculate your GAWA by comparing your GAWA before the step-up ($7,000) to 7% of your new GWB ($13,510) and choose the greater amount ($13,510). This is your new GAWA. o After the step-up, if you took withdrawals of the GAWA, it would take 15 additional years to deplete the new GWB. EXAMPLE 9: THE FOLLOWING TWO EXAMPLES DEMONSTRATE THAT IN SOME CASES THE ORDER OF YOUR TRANSACTIONS WILL NOT IMPACT THE FINAL RESULTS. If your Contract value prior to any transactions is $200,000 and you wish to "step-up" your GMWB on a Contract Anniversary at least 5 years after electing the GMWB (assuming you have made no prior withdrawals) but also wish to take a withdrawal greater than the GAWA ($15,000), then 9A: STEP-UP FOLLOWED BY WITHDRAWAL. o Upon step-up, we recalculate your GWB to equal your Contract value, which is $200,000. We then recalculate your GAWA by comparing your GAWA before the step-up ($7,000) to 7% of your new GWB ($14,000) and choose the greater amount ($14,000). This is your new GAWA. o Upon withdrawal of an amount greater than the GAWA, your GWB is the lesser of the Contract value after the partial withdrawal ($185,000) or the prior GWB less the partial withdrawal ($15,000), which is $185,000. Since the Contract value prior to the partial withdrawal ($200,000) is less than or equal to the GWB prior to the partial withdrawal ($200,000), the GAWA is reduced. The new GAWA is 7% of the new GWB, which is $12,950. o After the withdrawal, if you took withdrawals of the GAWA, it would take 15 additional years to deplete the new GWB. 9B: WITHDRAWAL FOLLOWED BY A STEP-UP. o Upon withdrawal of an amount greater than the GAWA, your GWB is the lesser of the Contract value after the partial withdrawal ($185,000) or the prior GWB less the partial withdrawal ($85,000), which is $85,000. Since the Contract value after the partial withdrawal ($185,000) is more than the new GWB ($85,000) and more than the GWB prior to the partial withdrawal ($100,000), the GAWA is unchanged. The GAWA remains $7,000. o Upon step-up, we recalculate your GWB to equal your Contract value after the withdrawal, which is $185,000. We then recalculate your GAWA by comparing your GAWA before the step-up ($7,000) to 7% of your new GWB ($12,950) and choose the greater amount ($12,950). This is your new GAWA. o After the step-up, if you took withdrawals of the GAWA, it would take 15 additional years to deplete the new GWB.
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APPENDIX D THESE EXAMPLES ARE PROVIDED TO ASSIST YOU IN UNDERSTANDING HOW THE GWB AND GAWA VALUES ARE COMPUTED, AND HOW THEY MAY BE ALTERED BY VARIOUS EVENTS, INCLUDING SUBSEQUENT PREMIUM PAYMENTS, ELECTION OF THE "STEP-UP" OR PARTIAL WITHDRAWALS. THE EXAMPLES ONLY DEPICT LIMITED CIRCUMSTANCES, AND SPECIFIC FACTUAL ASSUMPTIONS. THE RESULTS MAY VARY DEPENDING UPON THE TIMING OR SEQUENCE OF ACTIONS, AS WELL AS CHANGES IN MARKET CONDITIONS. IF YOU ARE CONTEMPLATING ELECTING THE 5% FOR LIFE GMWB OR EXERCISING ANY RIGHTS THEREUNDER, PLEASE CONSIDER IN MAKING YOUR DECISIONS BASED ON THE SPECIFIC FACTS THAT APPLY TO YOU. THE FOR LIFE GUARANTEE PERMITS WITHDRAWALS OF THE GAWA FOR THE LONGER OF THE OWNER'S LIFE OR THE LIFE OF THE FIRST OF THE JOINT OWNERS TO DIE IF CONDITIONS FOR THE BENEFIT TO BE FULLY EFFECTIVE ARE SATISFIED. ALL OF THE FOLLOWING EXAMPLES ASSUME YOU SELECT THE 5% FOR LIFE GMWB WHEN YOU PURCHASE YOUR CONTRACT AND YOUR INITIAL PREMIUM PAYMENT IS $100,000. NO OTHER OPTIONAL BENEFITS ARE SELECTED. EXAMPLE 1: AT ISSUE, THE GWB AND GAWA ARE DETERMINED. o Your Guaranteed Withdrawal Balance (GWB) is $100,000, which is your initial Premium payment. o Your Guaranteed Annual Withdrawal Amount (GAWA) is $5,000, which is 5% of your GWB. EXAMPLE 2: SUBSEQUENT PREMIUM PAYMENT. If you make an additional Premium payment of $50,000 before you make any withdrawals, then o Your GWB is $150,000, which is your prior GWB ($100,000) plus your additional Premium payment ($50,000). o Your GAWA is $7,500, which is your prior GAWA ($5,000) plus 5% of your additional Premium payment ($2,500) and the For Life Guarantee remains effective. EXAMPLE 3: WITHDRAWAL EQUAL TO THE GAWA. If you take the GAWA ($5,000) as a withdrawal before the end of the first Contract Year, then o Your GWB becomes $95,000, which is your prior GWB ($100,000) minus the GAWA ($5,000). o Your GAWA for the next year remains $5,000, because you did not take more than the GAWA ($5,000) and the For Life Guarantee remains effective. EXAMPLE 4: WITHDRAWAL GREATER THAN THE GAWA WHEN THE CONTRACT VALUE HAS INCREASED DUE TO POSITIVE MARKET PERFORMANCE AND THE GAWA IS REDUCED AS A RESULT OF THE TRANSACTION. If you withdraw $60,000 and your Contract Value is $150,000 at the time of withdrawal, then o We recalculate your GWB by comparing the results of two calculations and choosing the lesser amount: o First, we deduct the amount of the withdrawal ($60,000) from your Contract Value ($150,000). This equals $90,000 and is your new Contract Value. o Second, we deduct the amount of the withdrawal ($60,000) from your GWB ($100,000). This is $40,000. Your new GWB is $40,000, since this is the lesser of the two amounts. o Since the Contract Value after the partial withdrawal ($90,000) is more than the new GWB ($40,000), but less than the GWB prior to the partial withdrawal ($100,000), the GAWA is reduced. The new GAWA is 5% of the greater of the Contract Value after the partial withdrawal or the new GWB, which is $4,500. Since the withdrawal is greater than the GAWA, the For Life Guarantee is null and void. o After the withdrawal, if you took withdrawals of the GAWA, it would take 9 additional years to deplete the new GWB. EXAMPLE 5: WITHDRAWAL GREATER THAN THE GAWA WHEN THE CONTRACT VALUE HAS INCREASED DUE TO POSITIVE MARKET PERFORMANCE AND THE GAWA REMAINS UNCHANGED. If you withdraw $40,000 and your Contract Value is $150,000 at the time of withdrawal, then o We recalculate your GWB by comparing the results of two calculations and choosing the lesser amount: o First, we deduct the amount of the withdrawal ($40,000) from your Contract Value ($150,000). This equals $110,000 and is your new Contract Value. o Second, we deduct the amount of the withdrawal ($40,000) from your GWB ($100,000). This is $60,000. Your new GWB is $60,000, since this is the lesser of the two amounts. o Since the Contract Value after the partial withdrawal ($110,000) is more than the new GWB ($60,000) and more than the GWB prior to the partial withdrawal ($100,000), the GAWA is unchanged. The GAWA remains $5,000, but since the withdrawal is greater than the GAWA, the For Life Guarantee is null and void. o After the withdrawal, if you took withdrawals of the GAWA, it would take 12 additional years to deplete the new GWB. EXAMPLE 6: WITHDRAWAL GREATER THAN THE GAWA WHEN THE CONTRACT VALUE HAS DECREASED DUE TO NEGATIVE MARKET PERFORMANCE. If you withdraw $50,000 and your Contract Value is $80,000 at the time of withdrawal, then o We recalculate your GWB by comparing the results of two calculations and choosing the lesser amount: o First, we deduct the amount of the withdrawal ($50,000) from your Contract Value ($80,000). This equals $30,000 and is your new Contract Value. o Second, we deduct the amount of the withdrawal ($50,000) from your GWB ($100,000). This is $50,000. Your new GWB becomes $30,000, since this is the lesser of the two amounts. o Since the Contract Value prior to the partial withdrawal ($80,000) is less than or equal to the GWB prior to the partial withdrawal ($100,000), the GAWA is reduced. The new GAWA is 5% of the new GWB, which is $1,500. Since the withdrawal is greater than the GAWA, the For Life Guarantee is null and void. o After the withdrawal, if you took withdrawals of the GAWA, it would take 20 additional years to deplete the new GWB. EXAMPLE 7: STEP-UP. If you elect to "step-up" your GMWB on a Contract Anniversary at least 5 years after electing the GMWB, assuming you have made no withdrawals and your Contract Value at the time of step-up is $200,000, then o We recalculate your GWB to equal your Contract Value, which is $200,000. o We recalculate your GAWA by comparing your GAWA before the step-up ($5,000) to 5% of your new GWB ($10,000) and choose the greater amount ($10,000). This is your new GAWA. o After the "step-up," if you took withdrawals of the GAWA, it would take 20 additional years to deplete the new GWB. If the For Life Guarantee remains effective, withdrawals of the GAWA could continue until the death of the Owner or the first of the Joint Owners, if any, even beyond 20 years. EXAMPLE 8: VALUES MAY DIFFER BASED ON THE ORDER OF YOUR ELECTIONS. THE FOLLOWING TWO EXAMPLES DEMONSTRATE THE DIFFERENT RESULTS IF YOU ELECT A "STEP-UP" PRIOR TO SUBMITTING A WITHDRAWAL REQUEST RATHER THAN MAKING THE WITHDRAWAL PRIOR TO A "STEP-UP." If your Contract Value prior to any transactions is $200,000 and you wish to "step-up" your GMWB on a Contract Anniversary at least 5 years after electing the GMWB (assuming you have made no prior withdrawals) but also wish to take the original GAWA ($5,000) as withdrawal, then 8A: STEP-UP FOLLOWED BY WITHDRAWAL. o Upon step-up, we recalculate your GWB to equal your Contract Value, which is $200,000. We then recalculate your GAWA by comparing your GAWA before the step-up ($5,000) to 5% of your new GWB ($10,000) and choose the greater amount ($10,000). This is your new GAWA. o Upon withdrawal of less than or equal to the GAWA, your GWB becomes $195,000, which is your prior GWB ($200,000) minus the withdrawal ($5,000). Your GAWA remains $10,000, because you did not take more than the GAWA. o After the withdrawal, if you took withdrawals of the GAWA, it would take 20 additional years to deplete the new GWB. If the For Life Guarantee remains effective, withdrawals of the GAWA could continue until the death of the Owner or the first of the Joint Owners, if any, even beyond 20 years. 8B: WITHDRAWAL FOLLOWED BY A STEP-UP. o Upon withdrawal of less than or equal to the GAWA, your GWB becomes $95,000, which is your prior GWB ($100,000) minus the withdrawal ($5,000). Your GAWA remains $5,000, because you did not take more than the GAWA. o Upon step-up, we recalculate your GWB to equal your Contract Value after the withdrawal, which is $195,000. We then recalculate your GAWA by comparing your GAWA before the step-up ($5,000) to 5% of your new GWB ($9,750) and choose the greater amount ($9,750). This is your new GAWA. o After the step-up, if you took withdrawals of the GAWA, it would take 20 additional years to deplete the new GWB. If the For Life Guarantee remains effective, withdrawals of the GAWA could continue until the death of the Owner or the first of the Joint Owners, if any, even beyond 20 years. EXAMPLE 9: THE FOLLOWING TWO EXAMPLES DEMONSTRATE THAT IN SOME CASES THE ORDER OF YOUR TRANSACTIONS WILL NOT IMPACT THE FINAL RESULTS. If your Contract Value prior to any transactions is $200,000 and you wish to "step-up" your GMWB on a Contract Anniversary at least 5 years after electing the GMWB (assuming you have made no prior withdrawals) but also wish to take a withdrawal greater than the GAWA ($15,000), then 9A: STEP-UP FOLLOWED BY WITHDRAWAL. o Upon step-up, we recalculate your GWB to equal your Contract Value, which is $200,000. We then recalculate your GAWA by comparing your GAWA before the step-up ($5,000) to 5% of your new GWB ($10,000) and choose the greater amount ($10,000). This is your new GAWA. o Upon withdrawal of an amount greater than the GAWA, your GWB is the lesser of the Contract Value after the partial withdrawal ($185,000) or the prior GWB less the partial withdrawal ($15,000), which is $185,000. Since the Contract Value prior to the partial withdrawal ($200,000) is less than or equal to the GWB prior to the partial withdrawal ($200,000), the GAWA is reduced. The new GAWA is 5% of the new GWB, which is $9,250. Since the withdrawal is greater than the GAWA, the For Life Guarantee is null and void. o After the withdrawal, if you took withdrawals of the GAWA, it would take 20 additional years to deplete the new GWB. 9B: WITHDRAWAL FOLLOWED BY A STEP-UP. o Upon withdrawal of an amount greater than the GAWA, your GWB is the lesser of the Contract Value after the partial withdrawal ($185,000) or the prior GWB less the partial withdrawal ($85,000), which is $85,000. Since the Contract Value after the partial withdrawal ($185,000) is more than the new GWB ($85,000) and more than the GWB prior to the partial withdrawal ($100,000), the GAWA is unchanged. The GAWA remains $5,000. o Upon step-up, we recalculate your GWB to equal your Contract Value after the withdrawal, which is $185,000. We then recalculate your GAWA by comparing your GAWA before the step-up ($5,000) to 5% of your new GWB ($9,250) and choose the greater amount ($9,250). This is your new GAWA. Since the withdrawal is greater than the GAWA, the For Life Guarantee is null and void. o After the step-up, if you took withdrawals of the GAWA, it would take 20 additional years to deplete the new GWB. EXAMPLE 10: WITHDRAWAL AFTER THE GWB HAS BEEN DEPLETED. If your Contract Value is $15,000 and you take the GAWA ($5,000) as a withdrawal when the GWB has been depleted ($0), if the sum of the withdrawals you have taken did not exceed the GAWA in any contract year and the For Life Guarantee is fully effective, then: o We recalculate your GWB by comparing the results of two calculations and choosing the lesser amount: o First, we deduct the amount of the withdrawal ($5,000) from your Contract Value ($15,000). This equals $10,000 and is your new Contract Value. o Second, we deduct the amount of the withdrawal ($5,000) from your GWB ($0). This cannot be less than $0 so it is set to $0. Your GWB remains $0. o Your GAWA for the next year remains $5,000 because you did not take more than the GAWA ($5,000) and the For Life Guarantee remains effective.
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APPENDIX E THIS EXAMPLE IS PROVIDED TO ASSIST YOU IN UNDERSTANDING HOW THE 5% FOR LIFE GMWB AND 20% ADDITIONAL FREE WITHDRAWAL BENEFIT WOULD INTERACT WHEN ELECTED IN COMBINATION WITH ONE ANOTHER. THE EXAMPLE ONLY DEPICTS LIMITED CIRCUMSTANCES, AND SPECIFIC FACTUAL ASSUMPTIONS. THE RESULTS MAY VARY DEPENDING UPON THE TIMING OR SEQUENCE OF ACTIONS, AS WELL AS CHANGES IN MARKET CONDITIONS. IF YOU ARE CONTEMPLATING ELECTING THE 5% FOR LIFE GMWB, OR EXERCISING ANY RIGHTS THEREUNDER, PLEASE CONSIDER IN MAKING YOUR DECISIONS BASED ON THE SPECIFIC FACTS THAT APPLY TO YOU. THE FOR LIFE GUARANTEE PERMITS WITHDRAWALS OF THE GAWA FOR THE LONGER OF THE OWNER'S LIFE OR THE LIFE OF THE FIRST OF THE JOINT OWNERS TO DIE IF CONDITIONS FOR THE BENEFIT TO BE FULLY EFFECTIVE ARE SATISFIED. THE FOLLOWING EXAMPLE ASSUMES YOU SELECT THE 5% FOR LIFE GMWB AND THE 20% ADDITIONAL FREE WITHDRAWAL BENEFIT WHEN YOU PURCHASE YOUR CONTRACT AND YOUR INITIAL PREMIUM PAYMENT IS $100,000. NO OTHER OPTIONAL BENEFITS ARE SELECTED. o Your beginning Guaranteed Withdrawal Balance (GWB) is $100,000, which is your initial Premium payment. o Your beginning Guaranteed Annual Withdrawal Amount (GAWA) is $5,000, which is 5% of your GWB. o The maximum amount that you can withdraw free of a withdrawal charge is $20,000. If you withdraw $20,000 at the end of the first Contract Year and your Contract Value is equal to $105,000 before the withdrawal, then o The entire amount withdrawn is free of withdrawal charges. If the 20% Additional Free Withdrawal benefit had not been elected, $10,000 of the withdrawal would have been subject to a withdrawal charge ($850 for Perspective II). o We recalculate your GWB by comparing the results of two calculations and choosing the lesser amount: o First, we deduct the amount of the withdrawal ($20,000) from your Contract Value ($105,000). This equals $85,000 and is your new Contract Value. o Second, we deduct the amount of the withdrawal ($20,000) from your GWB ($100,000). This is $80,000. Your new GWB is $80,000, since this is the lesser of the two amounts. o Since the Contract Value after the partial withdrawal ($85,000) is more than the new GWB ($80,000), but less than the GWB prior to the partial withdrawal ($100,000), the GAWA is reduced. The new GAWA is 5% of the greater of the Contract Value after the partial withdrawal or the new GWB, which is $4,250. Since the withdrawal is greater than the GAWA, the For Life Guarantee is null and void. If you then withdraw your GAWA ($4,250) at the end of the fifth Contract Year and your Contract Value has decreased to $70,000 then o Your GWB becomes $75,750, which is your prior GWB ($80,000) minus the GAWA ($4,250). o Your GAWA for the next year remains $4,250, because you did not take more than the GAWA ($4,250). o Your Contract Value after the withdrawal is $65,750. If your Contract Value continues to experience negative or zero net growth and you continue to withdraw your GAWA each year until your GWB is depleted, the total amount you will have received is equal your original premium of $100,000. If you had not elected the 20% Additional Free Withdrawal Benefit, the total amount you would have received is $100,000 less the withdrawal charge of $850.
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APPENDIX F THESE EXAMPLES ARE PROVIDED TO ASSIST YOU IN UNDERSTANDING HOW THE GWB AND GAWA VALUES ARE COMPUTED, AND HOW THEY MAY BE ALTERED BY VARIOUS EVENTS, INCLUDING SUBSEQUENT PREMIUM PAYMENTS, ELECTION OF THE "STEP-UP" OR PARTIAL WITHDRAWALS. THE EXAMPLES ONLY DEPICT LIMITED CIRCUMSTANCES AND SPECIFIC FACTUAL ASSUMPTIONS. THE RESULTS MAY VARY DEPENDING UPON THE TIMING OR SEQUENCE OF ACTIONS, AS WELL AS CHANGES IN MARKET CONDITIONS. IF YOU ARE CONTEMPLATING ELECTING THE 4% FOR LIFE GMWB OR EXERCISING ANY RIGHTS THEREUNDER, PLEASE CONSIDER IN MAKING YOUR DECISIONS BASED ON THE SPECIFIC FACTS THAT APPLY TO YOU. THE FOR LIFE GUARANTEE PERMITS WITHDRAWALS OF THE GAWA FOR THE LONGER OF THE OWNER'S LIFE OR THE LIFE OF THE FIRST OF THE JOINT OWNERS TO DIE IF CONDITIONS FOR THE BENEFIT TO BE FULLY EFFECTIVE ARE SATISFIED. ALL OF THE FOLLOWING EXAMPLES ASSUME YOU SELECT THE 4% FOR LIFE GMWB WHEN YOU PURCHASE YOUR CONTRACT AND YOUR INITIAL PREMIUM PAYMENT IS $100,000. NO OTHER OPTIONAL BENEFITS ARE SELECTED. EXAMPLE 1: AT ISSUE, THE GWB AND GAWA ARE DETERMINED. o Your Guaranteed Withdrawal Balance (GWB) is $100,000, which is your initial Premium payment. o Your Guaranteed Annual Withdrawal Amount (GAWA) is $4,000, which is 4% of your GWB. EXAMPLE 2: SUBSEQUENT PREMIUM PAYMENT. If you make an additional Premium payment of $50,000 before you make any withdrawals, then o Your GWB is $150,000, which is your prior GWB ($100,000) plus your additional Premium payment ($50,000). o Your GAWA is $6,000, which is your prior GAWA ($4,000) plus 4% of your additional Premium payment ($2,000) and the For Life Guarantee remains effective. EXAMPLE 3: WITHDRAWAL EQUAL TO THE GAWA. If you take the GAWA ($4,000) as a withdrawal before the end of the first Contract Year, then o Your GWB becomes $96,000, which is your prior GWB ($100,000) minus the GAWA ($4,000). o Your GAWA for the next year remains $4,000, because you did not take more than the GAWA ($4,000) and the For Life Guarantee remains effective. EXAMPLE 4: WITHDRAWAL GREATER THAN THE GAWA WHEN THE CONTRACT VALUE HAS INCREASED DUE TO POSITIVE MARKET PERFORMANCE AND THE GAWA IS REDUCED AS A RESULT OF THE TRANSACTION. If you withdraw $60,000 and your Contract Value is $150,000 at the time of withdrawal, then o We recalculate your GWB by comparing the results of two calculations and choosing the lesser amount: o First, we deduct the amount of the withdrawal ($60,000) from your Contract Value ($150,000). This equals $90,000 and is your new Contract Value. o Second, we deduct the amount of the withdrawal ($60,000) from your GWB ($100,000). This is $40,000. Your new GWB is $40,000, since this is the lesser of the two amounts. o Since the Contract Value after the partial withdrawal ($90,000) is more than the new GWB ($40,000), but less than the GWB prior to the partial withdrawal ($100,000), the GAWA is reduced. The new GAWA is 4% of the greater of the Contract Value after the partial withdrawal or the new GWB, which is $3,600. Since the withdrawal is greater than the GAWA, the For Life Guarantee is null and void. o After the withdrawal, if you took withdrawals of the GAWA, it would take 12 additional years to deplete the new GWB. EXAMPLE 5: WITHDRAWAL GREATER THAN THE GAWA WHEN THE CONTRACT VALUE HAS INCREASED DUE TO POSITIVE MARKET PERFORMANCE AND THE GAWA REMAINS UNCHANGED. If you withdraw $40,000 and your Contract Value is $150,000 at the time of withdrawal, then o We recalculate your GWB by comparing the results of two calculations and choosing the lesser amount: o First, we deduct the amount of the withdrawal ($40,000) from your Contract Value ($150,000). This equals $110,000 and is your new Contract Value. o Second, we deduct the amount of the withdrawal ($40,000) from your GWB ($100,000). This is $60,000. Your new GWB is $60,000, since this is the lesser of the two amounts. o Since the Contract Value after the partial withdrawal ($110,000) is more than the new GWB ($60,000) and more than the GWB prior to the partial withdrawal ($100,000), the GAWA is unchanged. The GAWA remains $4,000, but since the withdrawal is greater than the GAWA, the For Life Guarantee is null and void. o After the withdrawal, if you took withdrawals of the GAWA, it would take 15 additional years to deplete the new GWB. EXAMPLE 6: WITHDRAWAL GREATER THAN THE GAWA WHEN THE CONTRACT VALUE HAS DECREASED DUE TO NEGATIVE MARKET PERFORMANCE. If you withdraw $50,000 and your Contract Value is $80,000 at the time of withdrawal, then o We recalculate your GWB by comparing the results of two calculations and choosing the lesser amount: o First, we deduct the amount of the withdrawal ($50,000) from your Contract Value ($80,000). This equals $30,000 and is your new Contract Value. o Second, we deduct the amount of the withdrawal ($50,000) from your GWB ($100,000). This is $50,000. Your new GWB becomes $30,000, since this is the lesser of the two amounts. o Since the Contract Value prior to the partial withdrawal ($80,000) is less than or equal to the GWB prior to the partial withdrawal ($100,000), the GAWA is reduced. The new GAWA is 4% of the new GWB, which is $1,200. Since the withdrawal is greater than the GAWA, the For Life Guarantee is null and void. o After the withdrawal, if you took withdrawals of the GAWA, it would take 25 additional years to deplete the new GWB. EXAMPLE 7: STEP-UP. If you elect to "step-up" your GMWB on a Contract Anniversary at least 5 years after electing the GMWB, assuming you have made no withdrawals and your Contract Value at the time of step-up is $200,000, then o We recalculate your GWB to equal your Contract Value, which is $200,000. o We recalculate your GAWA by comparing your GAWA before the step-up ($4,000) to 4% of your new GWB ($8,000) and choose the greater amount ($8,000). This is your new GAWA. o After the "step-up," if you took withdrawals of the GAWA, it would take 25 additional years to deplete the new GWB. If the For Life Guarantee remains effective, withdrawals of the GAWA could continue until the death of the Owner or the first of the Joint Owners, if any, even beyond 25 years. EXAMPLE 8: VALUES MAY DIFFER BASED ON THE ORDER OF YOUR ELECTIONS. THE FOLLOWING TWO EXAMPLES DEMONSTRATE THE DIFFERENT RESULTS IF YOU ELECT A "STEP-UP" PRIOR TO SUBMITTING A WITHDRAWAL REQUEST RATHER THAN MAKING THE WITHDRAWAL PRIOR TO A "STEP-UP". If your Contract Value prior to any transactions is $200,000 and you wish to "step-up" your GMWB on a Contract Anniversary at least 5 years after electing the GMWB (assuming you have made no prior withdrawals) but also wish to take the original GAWA ($4,000) as withdrawal, then 8A: STEP-UP FOLLOWED BY WITHDRAWAL. o Upon step-up, we recalculate your GWB to equal your Contract Value, which is $200,000. We then recalculate your GAWA by comparing your GAWA before the step-up ($4,000) to 4% of your new GWB ($8,000) and choose the greater amount ($8,000). This is your new GAWA. o Upon withdrawal of less than or equal to the GAWA, your GWB becomes $196,000, which is your prior GWB ($200,000) minus the withdrawal ($4,000). Your GAWA remains $8,000, because you did not take more than the GAWA. o After the withdrawal, if you took withdrawals of the GAWA, it would take 25 additional years to deplete the new GWB. If the For Life Guarantee remains effective, withdrawals of the GAWA could continue until the death of the Owner or the first of the Joint Owners, if any, even beyond 25 years. 8B: WITHDRAWAL FOLLOWED BY A STEP-UP. o Upon withdrawal of less than or equal to the GAWA, your GWB becomes $96,000, which is your prior GWB ($100,000) minus the withdrawal ($4,000). Your GAWA remains $4,000, because you did not take more than the GAWA. o Upon step-up, we recalculate your GWB to equal your Contract Value after the withdrawal, which is $196,000. We then recalculate your GAWA by comparing your GAWA before the step-up ($4,000) to 4% of your new GWB ($7,840) and choose the greater amount ($7,840). This is your new GAWA. o After the step-up, if you took withdrawals of the GAWA, it would take 25 additional years to deplete the new GWB. If the For Life Guarantee remains effective, withdrawals of the GAWA could continue until the death of the Owner or the first of the Joint Owners, if any, even beyond 25 years. EXAMPLE 9: THE FOLLOWING TWO EXAMPLES DEMONSTRATE THAT IN SOME CASES THE ORDER OF YOUR TRANSACTIONS WILL NOT IMPACT THE FINAL RESULTS. If your Contract Value prior to any transactions is $200,000 and you wish to "step-up" your GMWB on a Contract Anniversary at least 5 years after electing the GMWB (assuming you have made no prior withdrawals) but also wish to take a withdrawal greater than the GAWA ($15,000), then 9A: STEP-UP FOLLOWED BY WITHDRAWAL. o Upon step-up, we recalculate your GWB to equal your Contract Value, which is $200,000. We then recalculate your GAWA by comparing your GAWA before the step-up ($4,000) to 4% of your new GWB ($8,000) and choose the greater amount ($8,000). This is your new GAWA. o Upon withdrawal of an amount greater than the GAWA, your GWB is the lesser of the Contract Value after the partial withdrawal ($185,000) or the prior GWB less the partial withdrawal ($15,000), which is $185,000. Since the Contract Value prior to the partial withdrawal ($200,000) is less than or equal to the GWB prior to the partial withdrawal ($200,000), the GAWA is reduced. The new GAWA is 4% of the new GWB, which is $7,400. Since the withdrawal is greater than the GAWA, the For Life Guarantee is null and void. o After the withdrawal, if you took withdrawals of the GAWA, it would take 25 additional years to deplete the new GWB. 9B: WITHDRAWAL FOLLOWED BY A STEP-UP. o Upon withdrawal of an amount greater than the GAWA, your GWB is the lesser of the Contract Value after the partial withdrawal ($185,000) or the prior GWB less the partial withdrawal ($85,000), which is $85,000. Since the Contract Value after the partial withdrawal ($185,000) is more than the new GWB ($85,000) and more than the GWB prior to the partial withdrawal ($100,000), the GAWA is unchanged. The GAWA remains $4,000. o Upon step-up, we recalculate your GWB to equal your Contract Value after the withdrawal, which is $185,000. We then recalculate your GAWA by comparing your GAWA before the step-up ($4,000) to 4% of your new GWB ($7,400) and choose the greater amount ($7,400). This is your new GAWA. Since the withdrawal is greater than the GAWA, the For Life Guarantee is null and void. o After the step-up, if you took withdrawals of the GAWA, it would take 25 additional years to deplete the new GWB. EXAMPLE 10: WITHDRAWAL AFTER THE GWB HAS BEEN DEPLETED. If your Contract Value is $15,000 and you take the GAWA ($4,000) as a withdrawal when the GWB has been depleted ($0), if the sum of the withdrawals you have taken did not exceed the GAWA in any contract year and the For Life Guarantee is fully effective, then: o We recalculate your GWB by comparing the results of two calculations and choosing the lesser amount: o First, we deduct the amount of the withdrawal ($4,000) from your Contract Value ($15,000). This equals $11,000 and is your new Contract Value. o Second, we deduct the amount of the withdrawal ($4,000) from your GWB ($0). This cannot be less than $0 so it is set to $0. Your GWB remains $0. o Your GAWA for the next year remains $4,000 because you did not take more than the GAWA ($4,000) and the For Life Guarantee remains effective.
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APPENDIX G THIS EXAMPLE IS PROVIDED TO ASSIST YOU IN UNDERSTANDING HOW THE 4% FOR LIFE GMWB AND 20% ADDITIONAL FREE WITHDRAWAL BENEFIT WOULD INTERACT WHEN ELECTED IN COMBINATION WITH ONE ANOTHER. THE EXAMPLE ONLY DEPICTS LIMITED CIRCUMSTANCES AND SPECIFIC FACTUAL ASSUMPTIONS. THE RESULTS MAY VARY DEPENDING UPON THE TIMING OR SEQUENCE OF ACTIONS, AS WELL AS CHANGES IN MARKET CONDITIONS. IF YOU ARE CONTEMPLATING ELECTING THE 4% FOR LIFE GMWB, OR EXERCISING ANY RIGHTS THEREUNDER, PLEASE CONSIDER IN MAKING YOUR DECISIONS BASED ON THE SPECIFIC FACTS THAT APPLY TO YOU. THE FOR LIFE GUARANTEE PERMITS WITHDRAWALS OF THE GAWA FOR THE LONGER OF THE OWNER'S LIFE OR THE LIFE OF THE FIRST OF THE JOINT OWNERS TO DIE IF CONDITIONS FOR THE BENEFIT TO BE FULLY EFFECTIVE ARE SATISFIED. THE FOLLOWING EXAMPLE ASSUMES YOU SELECT THE 4% FOR LIFE GMWB AND THE 20% ADDITIONAL FREE WITHDRAWAL BENEFIT WHEN YOU PURCHASE YOUR CONTRACT AND YOUR INITIAL PREMIUM PAYMENT IS $100,000. NO OTHER OPTIONAL BENEFITS ARE SELECTED. o Your beginning Guaranteed Withdrawal Balance (GWB) is $100,000, which is your initial Premium payment. o Your beginning Guaranteed Annual Withdrawal Amount (GAWA) is $4,000, which is 4% of your GWB. o The maximum amount that you can withdraw free of a withdrawal charge is $20,000. If you withdraw $20,000 at the end of the first Contract Year and your Contract Value is equal to $105,000 before the withdrawal, then o The entire amount withdrawn is free of withdrawal charges. If the 20% Additional Free Withdrawal benefit had not been elected, $10,000 of the withdrawal would have been subject to a withdrawal charge ($850 for Perspective II). o We recalculate your GWB by comparing the results of two calculations and choosing the lesser amount: o First, we deduct the amount of the withdrawal ($20,000) from your Contract Value ($105,000). This equals $85,000 and is your new Contract Value. o Second, we deduct the amount of the withdrawal ($20,000) from your GWB ($100,000). This is $80,000. Your new GWB is $80,000, since this is the lesser of the two amounts. o Since the Contract Value after the partial withdrawal ($85,000) is more than the new GWB ($80,000), but less than the GWB prior to the partial withdrawal ($100,000), the GAWA is reduced. The new GAWA is 4% of the greater of the Contract Value after the partial withdrawal or the new GWB, which is $3,400. Since the withdrawal is greater than the GAWA, the For Life Guarantee is null and void. If you then withdraw your GAWA ($3,400) at the end of the fifth Contract Year and your Contract Value has decreased to $70,000 then o Your GWB becomes $76,600, which is your prior GWB ($80,000) minus the GAWA ($3,400). o Your GAWA for the next year remains $3,400, because you did not take more than the GAWA ($3,400). o Your Contract Value after the withdrawal is $66,600. If your Contract Value continues to experience negative or zero net growth and you continue to withdraw your GAWA each year until your GWB is depleted, the total amount you will have received is equal your original premium of $100,000. If you had not elected the 20% Additional Free Withdrawal Benefit, the total amount you would have received is $100,000 less the withdrawal charge of $850.
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APPENDIX H [TO BE UPDATED]
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[Enlarge/Download Table] ------------------------------------------------------------------------------------------------------------------- QUESTIONS: If you have any questions about your Contract, you may contact us at: ------------------------------------------------------------------------------------------------------------------- ANNUITY SERVICE CENTER: 1 (800) 599-5651 (9 a.m. - 8 p.m., ET) MAIL ADDRESS: P.O. Box 378004, Denver, Colorado 80237-8004 DELIVERY ADDRESS: 8055 East Tufts Avenue, Second Floor, Denver, Colorado 80237 INSTITUTIONAL MARKETING GROUP (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 Attn: IMG HOME OFFICE: 2900 Westchester Avenue, Purchase, New York 10577 -------------------------------------------------------------------------------------------------------------------
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STATEMENT OF ADDITIONAL INFORMATION MAY 2, 2005 INDIVIDUAL AND GROUP FLEXIBLE PREMIUM FIXED AND DEFERRED VARIABLE ANNUITY CONTRACTS ISSUED BY THE JNLNY SEPARATE ACCOUNT I OF JACKSON NATIONAL LIFE INSURANCE COMPANY OF NEW YORK(R) This Statement of Additional Information (SAI) is not a prospectus. It contains information in addition to and more detailed than set forth in the Prospectus and should be read in conjunction with the Prospectus dated May 2, 2005. The Prospectus may be obtained from Jackson National Life Insurance Company of New York by writing P.O. Box 378004, Denver, Colorado 80237-8004, or calling 1-800-599-5651. Not all Investment Divisions described in this SAI may be available for investment. TABLE OF CONTENTS PAGE General Information and History...............................................2 Services......................................................................3 Purchase of Securities Being Offered..........................................3 Underwriters..................................................................3 Calculation of Performance....................................................4 Additional Tax Information ...................................................6 Net Investment Factor .......................................................18 Financial Statements ........................................................19 Accumulation Unit Values....................................................A-1
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GENERAL INFORMATION AND HISTORY JNLNY Separate Account I (Separate Account) is a separate investment account of Jackson National Life Insurance Company of New York (Jackson National Life(R) of NY). In September 1997, the company changed its name from First Jackson National Life Insurance Company to its present name. Jackson National Life of NY is a wholly owned subsidiary of Jackson National Life Insurance Company(R), and is ultimately a wholly owned subsidiary of Prudential plc, London, England, a life insurance company in the United Kingdom. The JNL/Mellon Capital Management S&P Divisions and the JNL/S&P Divisions are not sponsored, endorsed, sold or promoted by Standard & Poor's, a division of The McGraw-Hill Companies, Inc. (S&P). S&P makes no representation or warranty, express or implied, to the owners of the Divisions or any member of the public regarding the advisability of investing in securities generally or in the Divisions particularly or the ability of the S&P 500 Index to track general stock market performance. S&P's only relationship to the Separate Account (Licensee) is the licensing of certain trademarks and trade names of S&P and of the S&P 500 Index that are determined, composed and calculated by S&P without regard to the Licensee or the Divisions. S&P has no obligation to take the needs of the Licensee or the owners of the Divisions into consideration in determining, composing or calculating the S&P 500 Index. S&P is not responsible for and has not participated in the determination of the prices and amount of the Divisions or the timing of the issuance or sale of the Divisions or in the determination or calculation of the equation by which the Divisions are to be converted into cash. S&P has no obligation or liability in connection with the administration, marketing or trading of the Divisions. S&P DOES NOT GUARANTEE THE ACCURACY AND/OR THE COMPLETENESS OF THE S&P 500 INDEX OR ANY DATA INCLUDED THEREIN AND S&P SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INTERRUPTIONS THEREIN. S&P MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY LICENSEE, OWNERS OF THE DIVISIONS, OR ANY OTHER PERSON OR ENTITY FROM THE USE OF THE S&P 500 INDEX OR ANY DATA INCLUDED THEREIN. S&P MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE S&P 500 INDEX OR ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL S&P HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. Value Line Publishing, Inc.'s ("VLPI") only relationship to JNL is VLPI's licensing to JNL of certain VLPI trademarks and trade names and the Value Line Timeliness Ranking System (the "System"), which is composed by VLPI without regard to JNL, this Product or any investor. VLPI has no obligation to take the needs of JNL 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. SERVICES Jackson National Life of NY is the custodian of the assets of the Separate Account. Jackson National Life 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 of NY for the periods indicated have been included herein in reliance upon the reports of ________, an independent registered public accounting firm, appearing elsewhere herein, and upon the authority of said firm as experts in accounting and auditing. ________ is located at __________________. 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 National Association of Securities Dealers, Inc. (NASD). UNDERWRITERS The Contracts are offered continuously and are distributed by Jackson National Life Distributors, Inc. (JNLD), 8055 E. Tufts Avenue, Denver, Colorado 80237. JNLD is a subsidiary of Jackson National Life Insurance Company. The aggregate amount of underwriting commissions paid to broker/dealers were: $3,444.330 in 2002, $13,261,966 in 2003 and $______ in 2004. JNLD did not retain any portion of the commissions. CALCULATION OF PERFORMANCE When Jackson National Life of NY advertises performance for an Investment Division (except the JNL/Select 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 National Life 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 National Life 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 National Life 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: [OBJECT OMITTED] Where: [Enlarge/Download Table] 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/Select 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/Select 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/Select 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/Select 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/Select Money Market Division nor that Division's investment in the JNL/Select 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 NATIONAL LIFE 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 NATIONAL LIFE OF NY'S TAX STATUS Jackson National Life of NY is taxed as a life insurance company under the Code. For federal income tax purposes, the Separate Account is not a separate entity from Jackson National Life of NY and its operations form a part of Jackson National Life of NY. TAXATION OF ANNUITY CONTRACTS IN GENERAL Section 72 of the Internal Revenue Code of 1986, as amended (the "Code"), governs 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. The taxable portion is taxed at ordinary income tax rates. Owners, annuitants and beneficiaries under the Contracts should seek competent financial advice about the tax consequences of distributions. WITHHOLDING TAX ON DISTRIBUTIONS The Code generally requires Jackson National Life 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) (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 an 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 estimated 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 close of each calendar quarter, 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 National Life 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 National Life 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 National Life 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 twelve investment options with the insurance company having the ability to add an additional eight options whereas the Contract offers 55 Investment Divisions and 4 Fixed Accounts although a Contract owner can select no more than 18 Allocation 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 National Life 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 National Life 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 Section 1035 of the Code provides that an annuity Contract may be exchanged in a tax-free transaction for another annuity Contract. Historically, it was presumed that only the exchange of an entire Contract, as opposed to a partial exchange, would be accorded tax-free status. In 1998 in CONWAY VS. COMMISSIONER, the Tax Court held that the direct transfer of a portion of an annuity Contract into another annuity Contract qualified as a non-taxable exchange. On November 22, 1999, the Internal Revenue Service filed an Action on Decision that indicated it acquiesced in the Tax Court decision in CONWAY. However, in its acquiescence with the decision of the Tax Court, the Internal Revenue Service stated that it will challenge transactions where taxpayers enter into a series of partial exchanges and annuitizations as part of a design to avoid application of the 10% premature distribution penalty or other limitations imposed on annuity Contracts under the Code. In the absence of further guidance from the Internal Revenue Service it is unclear what specific types of partial exchange designs and transactions will be challenged by the Internal Revenue Service. Due to the uncertainty in this area owners should 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. 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. 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 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. 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) if distribution is 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) upon separation from service after attainment of age 55, 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. 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. 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. 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. 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. 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 National Life of NY's administrative procedures. Jackson National Life 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 National Life 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 National Life 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 $2,000 per year and are not deductible from taxable income. The Economic Growth & Tax Relief Reconciliation Act of 2001 (the "Act") increases the maximum annual dollar limitation limit for IRA contributions (including Roth IRA contributions) from $2,000 to $3,000 for calendar years 2002 through 2004; $4,000 for calendar years 2005 through 2007; and $5,000 for 2008. After 2008, 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 $500 for 2002 through 2005, and $1,000 for 2006 and later. Lower maximum limitations apply to individuals with adjusted gross incomes between $95,000 and $110,000 in the case of single taxpayers, between $150,000 and $160,000 in the case of married taxpayers filing joint returns, and between $0 and $10,000 in the case of married taxpayers filing separately. An overall $2,000 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, unless the individual has adjusted gross income over $100,000 or the individual is a married taxpayer filing a separate return. 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 elective deferral limitation. The Act increases the dollar limit on deferrals to conform to the elective deferral limitation. The Act also increases the elective deferral limitation to $11,000 for 2002 and in $1,000 annual increments thereafter until it reaches $15,000 in 2006. The limit is indexed for inflation after that in $500 increments. 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 $1,000 for 2002 and by additional $1,000 increments through 2006, when the catch-up contribution will by $5,000. 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: o attains age 70 1/2, o severs employment, o dies, or o 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. 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 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 National Life of NY during the valuation period which are determined by Jackson National Life 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 National Life of NY for the valuation period to reflect the asset based charges (the mortality and expense risks), administration charge, and any applicable charges for optional benefits. Also see "Income Payments (The Income Phase)" in the Prospectus. Since the net investment factor may be greater than, less than, or equal to one, and the factor that offsets the 3% investment rate assumed is slightly less than one, the value of an annuity unit (which changes with the product of that factor) and the net investment may increase, decrease or remain the same.
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ACCUMULATION UNIT VALUES [TO BE UPDATED BY AMENDMENT]
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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 Report of Independent Accountants as of December 31, 2003 Statement of Assets and Liabilities as of December 31, 2003 Statement of Operations for the Year Ended December 31, 2003 Statement of Changes in Net Assets for the Years Ended December 31, 2003 December 31, 2002 and December 31, 2001 Notes to Financial Statements Jackson National Life Insurance Company of New York Report of Independent Accountants as of December 31, 2003 Balance Sheet for the years ended December 31, 2003, 2002 and 2001 Income Statement for the years ended December 31, 2003, 2002, and 2001 Statement of Stockholder's Equity and Comprehensive Income for the years ended December 31, 2003, 2002, and 2001 Statement of Cash Flows for the years ended December 31, 2003, 2002 and 2001 Notes to Financial Statements Item 24.(b) Exhibits Exhibit No. Description 1. Resolution of Depositor's Board of Directors authorizing the establishment of the Registrant, incorporated by reference to Registrant's Registration Statement as filed on October 3, 1997 (File Nos. 333-37175 and 811-08401). 2. Not Applicable 3.a General Distributor Agreement dated September 19, 1997, incorporated by reference to Registrant's Registration Statement as filed on October 3, 1997 (File Nos. 333-37175 and 811-08401). b. General Distributor Agreement dated June 30, 1998, incorporated by reference to Registrant's Post-Effective Amendment No. 12 as filed on July 22, 2004 (File Nos. 333-70384 and 811-08401). 4.a. Specimen of the Perspective II Fixed and Variable Annuity Contract, incorporated by reference to Registrant's Registration Statement as filed on September 28, 2001 (File Nos. 333-70384 and 811-08401). b. Specimen of Tax Sheltered Annuity Endorsement, incorporated by reference to Registrant's Pre-Effective Amendment No. 1 as filed on December 19, 2001 (File Nos. 333-70384 and 811-08401). c. Specimen of Retirement Plan Endorsement, incorporated by reference to Registrant's Pre-Effective Amendment No. 1 as filed on December 19, 2001 (File Nos. 333-70384 and 811-08401). d. Specimen of Individual Retirement Annuity Endorsement, incorporated by reference to Registrant's Pre-Effective Amendment No. 1 as filed on December 19, 2001 (File Nos. 333-70384 and 811-08401). e. Specimen of Roth IRA Endorsement, incorporated by reference to Registrant's Pre-Effective Amendment No. 1 as filed on December 19, 2001 (File Nos. 333-70384 and 811-08401). f. Specimen of Earnings Protection Benefit Endorsement, incorporated by reference to Registrant's Registration Statement as filed on September 28, 2001 (File Nos. 333-70384 and 811-08401). g. Specimen of 2% Contract Enhancement Endorsement, incorporated by reference to Registrant's Registration Statement as filed on September 28, 2001 (File Nos. 333-70384 and 811-08401). h. Specimen of 3% Contract Enhancement Endorsement, incorporated by reference to Registrant's Registration Statement as filed on September 28, 2001 (File Nos. 333-70384 and 811-08401). i. Specimen of 4% Contract Enhancement Endorsement, incorporated by reference to Registrant's Registration Statement as filed on September 28, 2001 (File Nos. 333-70384 and 811-08401). j. Specimen of 20% Additional Free Withdrawal Benefit Endorsement, incorporated by reference to Registrant's Registration Statement as filed on September 28, 2001 (File Nos. 333-70384 and 811-08401). k. Specimen of Five-Year Withdrawal Charge Schedule Endorsement, incorporated by reference to Registrant's Registration Statement as filed on September 28, 2001 (File Nos. 333-70384 and 811-08401). l. Specimen of Preselected Death Benefit Option Election Endorsement, incorporated by reference to Registrant's Pre-Effective Amendment No. 1 as filed on December 19, 2001 (File Nos. 333-70384 and 811-08401). m. Specimen of Reduced Administration Charge Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 1 as filed on May 17, 2002 (File Nos. 333-70384 and 811-08401). n. Specimen of 2% Contract Enhancement Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 1 as filed on May 17, 2002 (File Nos. 333-70384 and 811-08401). o. Specimen of 3% Contract Enhancement Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 1 as filed on May 17, 2002 (File Nos. 333-70384 and 811-08401). p. Specimen of 4% Contract Enhancement Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 1 as filed on May 17, 2002 (File Nos. 333-70384 and 811-08401). q. Specimen of Guaranteed Minimum Income Benefit Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 2 as filed on May 20, 2002 (File Nos. 333-70384 and 811-08401). r. Specimen of Guaranteed Minimum Withdrawal Benefit Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 4 as filed on November 1, 2002 (File Nos. 333-70384 and 811-08401). s. Specimen of Fixed Account Option Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 4 as filed on November 1, 2002 (File Nos. 333-70384 and 811-08401). t. Specimen of 3-Year Withdrawal Charge Schedule Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 6 as filed on June 20, 2003 (File Nos. 333-70384 and 811-08401). u. Specimen of Guaranteed Minimum Income Benefit Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 6 as filed on June 20, 2003 (File Nos. 333-70384 and 811-08401). v. Specimen of 2% Contract Enhancement Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 6 as filed on June 20, 2003 (File Nos. 333-70384 and 811-08401). w. Specimen of 3% Contract Enhancement Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 6 as filed on June 20, 2003 (File Nos. 333-70384 and 811-08401). x. Specimen of Maximum Anniversary Value Death Benefit Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 6 as filed on June 20, 2003 (File Nos. 333-70384 and 811-08401). y. Specimen of 20% Additional Withdrawal Benefit Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 6 as filed on June 20, 2003 (File Nos. 333-70384 and 811-08401). z. Specimen of 5 Year Withdrawal Charge Schedule Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 6 as filed on June 20, 2003 (File Nos. 333-70384 and 811-08401). aa. Specimen of the Perspective II Fixed and Variable Annuity Contract, incorporated by reference to Registrant's Post-Effective Amendment No. 6 as filed on June 20, 2003 (File Nos. 333-70384 and 811-08401). bb. Specimen of Guaranteed Minimum Income Benefit Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 11 as filed on April 29, 2004 (File Nos. 333-70384 and 811-08401). cc. Specimen of the Perspective II Fixed and Variable Annuity Contract, incorporated by reference to Registrant's Post-Effective Amendment No. 12 as filed on July 22, 2004 (File Nos. 333-70384 and 811-08401). dd. Specimen of 4% Contract Enhancement Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 12 as filed on July 22, 2004 (File Nos. 333-70384 and 811-08401). ee. Specimen of 2% Contract Enhancement Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 12 as filed on July 22, 2004 (File Nos. 333-70384 and 811-08401). ff. Specimen of 3% Contract Enhancement Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 12 as filed on July 22, 2004 (File Nos. 333-70384 and 811-08401). gg. Specimen of 20% Additional Withdrawal Benefit Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 12 as filed on July 22, 2004 (File Nos. 333-70384 and 811-08401). hh. Specimen of Guaranteed Minimum Withdrawal Benefit Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 12 as filed on July 22, 2004 (File Nos. 333-70384 and 811-08401). ii. Specimen of 5% for Life Guaranteed Minimum Withdrawal Benefit Endorsement, incorporated by reference to Registrant's Post- Effective Amendment No. 12 as filed on July 22, 2004 (File Nos. 333-70384 and 811-08401). jj. Specimen of Guaranteed Minimum Income Benefit Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 12 as filed on July 22, 2004 (File Nos. 333-70384 and 811-08401). kk. Specimen of 4% for Life Guaranteed Minimum Withdrawal Benefit Endorsement, incorporated by reference to Registrant's Post- Effective Amendment No. 12 as filed on July 22, 2004 (File Nos. 333-70384 and 811-08401). ll. Specimen of 3 Year Withdrawal Charge Schedule Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 12 as filed on July 22, 2004 (File Nos. 333-70384 and 811-08401). mm. Specimen of 5 Year Withdrawal Charge Schedule Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 12 as filed on July 22, 2004 (File Nos. 333-70384 and 811-08401). nn. Specimen of Highest Anniversary Value Death Benefit Endorsement, incorporated by reference to Registrant's Post-Effective Amendment No. 12 as filed on July 22, 2004 (File Nos. 333-70384 and 811-08401). oo. Specimen of Tax Sheltered Annuity Endorsement, incorporated by reference to Registrant's Registration Statement as filed on August 19, 2004 (File Nos. 333-118370 and 811-08401). pp. Specimen of Retirement Plan Endorsement, incorporated by reference to Registrant's Registration Statement as filed on August 19, 2004 (File Nos. 333-118370 and 811-08401). qq. Specimen of Individual Retirement Annuity Endorsement, incorporated by reference to Registrant's Registration Statement as filed on August 19, 2004 (File Nos. 333-118370 and 811-08401). rr. Specimen of Roth IRA Endorsement, incorporated by reference to Registrant's Registration Statement as filed on August 19, 2004 (File Nos. 333-118370 and 811-08401). ss. Specimen of Charitable Remainder Trust Endorsement, incoporated by reference to Registrant's Pre-Effective Amendment filed on December 30, 2004 (File Nos. 333-119659 and 811-08401). tt. Specimen of 5% for Life Guaranteed Minimum Withdrawal Benefit Endorsement, incorporated by reference to Registrant's Registration Statement as filed on January 6, 2005 (File Nos. 333-121884 and 811-08401). uu. Specimen of Guaranteed Minimum Income Benefit Endorsement, incorporated by reference to Registrant's Registration Statement filed on October 4, 2004 (File Nos. 333-119522 and 811-08401). vv. Specimen of Guaranteed Minimum Withdrawal Benefit Endorsement, incorporated by reference to Registrant's Registration Statement filed on January 6, 2005 (File Nos. 333-121884 and 811-08401). ww. Specimen of Guaranteed Minimum Withdrawal Benefit Endorsement, attached hereto. 5.a. Form of the Perspective II Fixed and Variable Annuity Application, incorporated by reference to Registrant's Pre-Effective Amendment No. 1 filed via EDGAR on December 19, 2001 (333-70384 and 811-08401). b. Form of the Perspective II Fixed and Variable Annuity Application, incorporated by reference to Registrant's Post-Effective Amendment No. 5 filed via EDGAR on April 30, 2003 (File Nos. 333-70384 and 811-08401). c. Form of the Perspective II Fixed and Variable Annuity Application, incorporated by reference to Registrant's Post-Effective Amendment No. 6 filed via EDGAR on June 20, 2003 (File Nos. 333-70384 and 811-08401). d. Form of the Perspective II Fixed and Variable Annuity Application, incorporated by reference to Registrant's Post-Effective Amendment No. 11 filed via EDGAR on April 29, 2004 (File Nos. 333-70384 and 811-08401). e. Form of the Perspective II Fixed and Variable Annuity Application, incorporated by reference to Registrant's Post-Effective Amendment No. 12 as filed on July 22, 2004 (File Nos. 333-70384 and 811-08401). g. Form of the Perspective II Fixed and Variable Annuity Application, attached hereto. 6.a. Declaration and Charter of Depositor, incorporated by reference to Registrant's Registration Statement filed via EDGAR on October 3, 1997 (File Nos. 333-37175 and 811-08401). b. By-laws of Depositor, incorporated by reference to Registrant's Registration Statement filed via EDGAR on October 3, 1997 (File Nos. 333-37175 and 811-08401). 7.a. Variable Annuity GMIB Reinsurance Agreement, incorporated by reference to the Registrant's Post-Effective Amendment No. 12, filed on December 15, 2004 (File Nos. 333-37175 and 811-08401). b. Variable Annuity GMIB Reinsurance Agreement, incorporated by reference to Registrant's Post-Effective Amendment No. 13 as filed on September 17, 2004 (File Nos. 333-70384 and 811-08401). 8. Not Applicable 9. Opinion and Consent of Counsel, attached hereto. 10. Consent of Independent Accountants [TO BE FILED BY AMENDMENT]. 11. Not Applicable 12. Not Applicable 13. Computation of Performance, incorporated by reference to the Registrant's Post-Effective Amendment No. 8, filed on October 10, 2001 (File Nos. 333-37175 and 811-08401). 13.a. Computation of Performance, incorporated by reference to Registrant's Post-Effective Amendment No. 1 filed via EDGAR on May 17, 2002 (File Nos. 333-70384 and 811-08401). Item 25. Directors and Officers of the Depositor Name and Principal Positions and Offices Business Address with Depositor Donald B. Henderson, Jr. Director 4A Rivermere Apartments Bronxville, NY 10708 David L. Porteous Director 20434 Crestview Drive Reed City, MI 49777 Donald T. DeCarlo Director 200 Manor Road Douglaston, New York 11363 Joanne P. McCallie Director 1 Birch Road 110 Berkowitz East Lansing, MI 48824 Herbert G. May III Chief Administrative Officer & 275 Grove St Building 2 Director 4th floor Auburndale, MA 02466 Richard D. Ash Vice President - 1 Corporate Way Actuary & Appointed Actuary Lansing, MI 48951 John B. Banez Vice President - 1 Corporate Way Systems and Programming Lansing, MI 48951 James Binder Vice President - 1 Corporate Way Finance and Corporate Strategy Lansing, MI 48951 John H. Brown Vice President - Government 1 Corporate Way Relations & Director Lansing, MI 48951 Joseph Mark Clark Vice President - 1 Corporate Way Policy Administration Lansing, MI 48951 Marianne Clone Vice President - Administration - 1 Corporate Way Customer Service Center & Director Lansing, MI 48951 James B. Croom Vice President & 1 Corporate Way Deputy General Counsel Lansing, MI 48951 Gerald W. Decius Vice President - 1 Corporate Way Systems Application Coordinator Lansing, MI 48951 Lisa C. Drake Senior Vice President - Chief 1 Corporate Way Actuary Lansing, MI 48951 Robert A. Fritts Senior Vice President & 1 Corporate Way Controller - Financial Lansing, MI 48951 Operations James D. Garrison Vice President - Tax 1 Corporate Way Lansing, MI 48951 Julia A. Goatley Vice President, Senior Counsel, 1 Corporate Way Assistant Secretary & Director Lansing, MI 48951 James Golembiewski Vice President & Chief of Compliance 1 Corporate Way for Separate Accounts, Senior Lansing, MI 48951 Counsel & Assistant Secretary Andrew B. Hopping Executive Vice President, 1 Corporate Way Chief Financial Officer, Lansing, MI 48951 Treasurer & Chairman of the Board Stephen A. Hrapkiewicz, Jr. Senior Vice President - Human 1 Corporate Way Resources Lansing, MI 48951 Clifford J. Jack Executive Vice President & 8055 E. Tufts Avenue Chief Distribution Officer Suite 1000 Denver, CO 80237 Cheryl L. Johns Vice President - Life Division 1 Corporate Way Lansing, MI 48951 Timo P. Kokko Vice President - Support 1 Corporate Way Services Lansing, MI 48951 Everett W. Kunzelman Vice President - Underwriting 1 Corporate Way Lansing, MI 48951 Clark P. Manning President, Chief Executive Officer 1 Corporate Way & Director Lansing, MI 48951 Thomas J. Meyer Senior Vice President, 1 Corporate Way General Counsel & Lansing, MI 48951 Secretary Keith R. Moore Vice President - Technology 1 Corporate Way Lansing, MI 48951 P. Chad Myers Senior Vice President - Asset/ 1 Corporate Way Liability Management Lansing, MI 48951 J. George Napoles Executive Vice President & 1 Corporate Way Chief Information Officer Lansing, MI 48951 Mark D. Nerud Vice President - Fund 225 W. Wacker Drive Accounting & Administration Suite 1200 Chicago, IL 60606 Russell E. Peck Vice President - Financial 1 Corporate Way Operations & Director Lansing, MI 48951 Bradley J. Powell Vice President - Institutional 210 Interstate North Parkway Marketing Group Suite 401 Atlanta, GA 30339-2120 Laura L. Prieskorn Vice President - Model Office 1 Corporate Way Lansing, MI 48951 James B. Quinn Vice President - Broker 1 Corporate Way Management Lansing, MI 48951 James R. Sopha Executive Vice President - 1 Corporate Way Corporate Development Lansing, MI 48951 Robert M. Tucker, Jr. Vice President - Regional 1 Corporate Way Information Technology Lansing, MI 48951 Michael A. Wells Chief Operating Officer 401 Wilshire Boulevard & Director Suite 1200 Santa Monica, CA 90401 Karen S. Weidman Vice President - Administration - 8055 E. Tufts Avenue Denver Service Center Suite 1000 Denver, CO 80237 [Enlarge/Download Table] Item 26. Persons Controlled by or Under Common Control with the Depositor or Registrant. Company State of Organization Control/Ownership Business Principal 120 Orion, LLC South Carolina 100% Jackson National Life Real Estate Insurance Company Alaiedon, LLC Michigan 100% Hermitage Management LLC Alcona Funding LLC Delaware 100% Jackson National Life Investment Related Insurance Company Company BH Clearing, LLC Michigan 100% Jackson National Life Broker/Dealer Insurance Company Berrien Funding LLC Delaware 100% Jackson National Life Investment Related Insurance Company Company Brooke Finance Corporation Delaware 100% Brooke Holdings, Inc. Finance Company Brooke Holdings, Inc. Delaware 100% Brooke Holdings (UK) Holding Company Activities Limited Brooke Holdings (UK) Limited United Kingdom 100% Holborn Delaware Holding Company Activities Corporation Brooke Investment, Inc. Delaware 100% Brooke Holdings, Inc. Investment Related Company Brooke Life Insurance Company Michigan 100% Brooke Holdings, Inc. Life Insurance Brooke (Jersey) Limited United Kingdom 100% Prudential One Limited Holding Company Activities Calhoun Funding LLC Delaware 100% Jackson National Life Investment Related Insurance Company Company Crescent Telephone Delaware 100% Jackson National Life Telecommunications Insurance Company Curian Capital, LLC Michigan 100% Jackson National Life Registered Investment Insurance Company Advisor Equestrian Pointe Investors, Illinois 100% Jackson National Life Real Estate L.L.C. Insurance Company Forty Partners #1, L.C. Missouri 100% Jackson National Life Real Estate Insurance Company GCI Holding Corporation Delaware 70% Jackson National Life Holding Company Activities Insurance Company GS28 Limited United Kingdom 100% Brooke Holdings (UK) Holding Company Activities Limited Hermitage Management, LLC Michigan 100% Jackson National Life Advertising Agency Company Insurance Holborn Delaware Corporation Delaware 100% Prudential Four Holding Company Activities Limited Holliston Mills Delaware 70% Jackson National Life Textile Mfg. Insurance Company Industrial Coatings Group Delaware 70% Jackson National Life Textile Mfg. Insurance Company IFC Holdings, Inc. Delaware 100% National Planning Broker/Dealer Holdings Inc. Investment Centers of America Delaware 100% IFC Holdings, Inc. Broker/Dealer JNL Investors Series Trust Massachusetts 100% Jackson National Investment Company Life Insurance Company Jackson National Asset Michigan 100% Jackson National Life Investment Adviser and Management, LLC Insurance Company Transfer Agent Jackson National Life Bermuda 100% Jackson National Life Insurance (Bermuda) Ltd. Life Insurance Company Jackson National Life Delaware 100% Jackson National Life Advertising/Marketing Distributors, Inc. Insurance Company Corporation and Broker/Dealer Jackson National Life New York 100% Jackson National Life Life Insurance Insurance Company of New York Insurance Company JNLI LLC Delaware 100% Jackson National Life Tuscany Notes Insurance Company JNL Securities, LLC Michigan 100% Curian Capital, LLC Broker/Dealer and Insurance Agency JNL Series Trust Massachusetts Common Law Trust with Investment Company contractual association with Jackson National Life Insurance Company of New York JNL Southeast Agency LLC Michigan 100% Jackson National Life Insurance Agency Insurance Company JNL Variable Fund LLC Delaware 100% Jackson National Investment Company Separate Account - I JNL Variable Fund III LLC Delaware 100% Jackson National Investment Company Separate Account III JNL Variable Fund IV LLC Delaware 100% Jackson National Investment Company Separate Account IV JNL Variable Fund V LLC Delaware 100% Jackson National Investment Company Separate Account V JNLNY Variable Fund I LLC Delaware 100% JNLNY Separate Investment Company Account I JNLNY Variable Fund II LLC Delaware 100% JNLNY Separate Investment Company Account II LePages Management Company, LP Delaware 50% LePages MC, LLC LePages MC, LLC Delaware 100% PPM Management, Inc. Meadows NRH Associates, L.P. Texas 100% Meadows NRH, Inc. Real Estate Meadows NRH, Inc. Texas 100% Jackson National Life Real Estate Insurance Company National Planning Corporation Delaware 100% National Planning Broker/Dealer and Holdings, Inc. Investment Adviser National Planning Holdings, Delaware 100% Brooke Holdings, Inc. Holding Company Activities Inc. Piedmont Funding LLC Delaware 100% Jackson National Life Investment Related Insurance Company Company PPM Holdings, Inc. Delaware 100% Brooke Holdings, Inc. Holding Company Activities Prudential plc United Kingdom Publicly Traded Financial Institution Prudential One Limited United Kingdom 100% Prudential plc Holding Company Activities Prudential Two Limited United Kingdom 100% Prudential One Limited Holding Company Activities Prudential Three Limited United Kingdom 100% Prudential One Limited Holding Company Activities Prudential Four Limited United Kingdom 80% Prudential One Limited, Holding Company Activities 10% Prudential Two Limited, 10% Prudential Three Limited SII Investments, Inc. Wisconsin 100% National Planning Broker/Dealer Holdings, Inc. Item 27. Number of Contract Owners as of December 31, 2004 Qualified - 2,961 Non-qualified - 3,009 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, Inc. acts as general distributor for the JNLNY Separate Account I. Jackson National Life Distributors, Inc. also acts as general distributor for the Jackson National Separate Account - I, the Jackson National Separate Account III, the Jackson National Separate Account V, and the JNLNY Separate Account II. (b) Directors and Officers of Jackson National Life Distributors, Inc.: Name and Business Address Positions and Offices with Underwriter Michael A. Wells Director 401 Wilshire Blvd. Suite 1200 Santa Monica, CA 90401 Andrew B. Hopping Director and Chief Financial Officer 1 Corporate Way Lansing, MI 48951 Clifford J. Jack President and Chief Executive Officer 8055 E. Tufts Avenue Suite 1000 Denver, CO 80237 Nikhil Advani Vice President - Product Management 8055 E. Tufts Avenue Suite 1100 Denver, CO 80237 Stephen M. Ash Vice President - Finance 8055 E. Tufts Avenue Suite 1100 Denver, CO 80237 Michael Bell Senior Vice President and Chief Legal Officer 8055 E. Tufts Avenue Suite 1100 Denver, CO 80237 Kristen (West) Billows Vice President - Fixed & Indexed Annuities 8055 E. Tufts Avenue Marketing Strategy Suite 1100 Denver, CO 80237 William Britt Vice President - Print and Distribution 8055 E. Tufts Avenue Services Suite 1100 Denver, CO 80237 Tori Bullen Vice President - Institutional Marketing 210 Interstate North Parkway Group Suite 401 Atlanta, GA 30339-2120 Greg Cicotte Executive Vice President, National Sales 8055 E. Tufts Avenue Manager Suite 1100 Denver, CO 80237 Maura Collins Vice President - Regulatory Accounting and 8055 E. Tufts Avenue Special Projects Suite 1100 Denver, CO 80237 Anthony L. Dowling Assistant Vice President and 8055 E. Tufts Avenue Chief Compliance Officer Suite 1100 Denver, CO 80237 Steve Goldberg Vice President - Guaranteed Product 8055 E. Tufts Avenue Development Suite 1100 Denver, CO 80237 Julia A. Goatley Assistant Secretary 1 Corporate Way Lansing, MI 48951 Luis Gomez Vice President - Creative Services 8055 E. Tufts Avenue Suite 1100 Denver, CO 80237 Thomas Hurley Vice President - Market Research and Analysis 8055 E. Tufts Avenue Suite 1100 Denver, CO 80237 Steve Kluever Vice President - Variable Product 8055 E. Tufts Avenue Development Suite 1100 Denver, CO 80237 David R. Lilien Senior Vice President - National Sales 8055 E. Tufts Avenue Development Suite 1100 Denver, CO 80237 James Livingston Executive Vice President - Operations 8055 E. Tufts Avenue Suite 1100 Denver, CO 80237 Susan McClure Vice President - Business Development and 8055 E. Tufts Avenue Chief of Staff Suite 1100 Denver, CO 80237 James McCorkle Vice President of National Accounts 8055 E. Tufts Avenue Suite 1100 Denver, CO 80237 Jack Mishler Vice President - Marketing Strategy, 8055 E. Tufts Avenue Variable Annuities Suite 1100 Denver, CO 80237 Thomas J. Meyer Secretary 1 Corporate Way Lansing, MI 48951 Michael Nicola Senior Vice President - Strategic 8055 E. Tufts Avenue Relationships Suite 1100 Denver, CO 80237 Bradley J. Powell Executive Vice President 210 Interstate North Parkway Suite 401 Atlanta, GA 30339-2120 Peter Radloff Vice President - Advanced Markets 8055 E. Tufts Avenue Suite 1100 Denver, CO 80237 Gregory B. Salsbury Executive Vice President 8055 E. Tufts Avenue Suite 1100 Denver, CO 80237 Greg Smith Senior Vice President - Project Management/ 8055 E. Tufts Avenue Business Solutions Suite 1100 Denver, CO 80237 David Sprague Senior Vice President - Marketing Strategy 8055 E. Tufts Avenue Suite 1100 Denver, CO 80237 Daniel Starishevsky Senior Vice President - Marketing 8055 E. Tufts Avenue Communications Suite 1100 Denver, CO 80237 Doug Townsend Vice President, Controller and FinOp 8055 E. Tufts Avenue Suite 1100 Denver, CO 80237 Ray Trueblood Vice President - Life Insurance Marketing 8055 E. Tufts Avenue Strategy Suite 1100 Denver, CO 80237 Bruce Wing Senior Vice President and National Director 8055 E. Tufts Avenue of Life Sales Suite 1100 Denver, CO 80237 Phil Wright Vice President - Copywriting Services 8055 E. Tufts Avenue Suite 1100 Denver, CO 80237 [Enlarge/Download Table] (c) NEW UNDERWRITING COMPENSATION ON NAME OF PRINCIPAL DISCOUNTS AND REDEMPTION BROKERAGE UNDERWRITER COMMISSIONS OR ANNUITIZATION COMMISSIONS COMPENSATION ----------- ----------- ----------- ----------- ----------- Jackson National Life Distributors, Inc. Not Applicable Not Applicable Not Applicable Not Applicable Item 30. Location of Accounts and Records Jackson National Life Insurance Company of New York 2900 Westchester Avenue Purchase, NY 10577 Jackson National Life Insurance Company of New York Annuity Service Center 8055 East Tufts Ave., Second Floor Denver, CO 80237 Jackson National Life Insurance Company of New York Institutional Marketing Group Service Center 1 Corporate Way Lansing, MI 48951 Jackson National Life Insurance Company of New York 225 West Wacker Drive, Suite 1200 Chicago, IL 60606 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 IRC Section 403(b)(11).
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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 and has caused this Post-Effective Amendment to be signed on its behalf, in the City of Lansing, and State of Michigan, on this 14th day of February, 2005. JNLNY Separate Account I (Registrant) By: Jackson National Life Insurance Company of New York By: /s/ Thomas J. Meyer ----------------------------------------------- Thomas J. Meyer Senior Vice President, General Counsel, Secretary and Director Jackson National Life Insurance Company of New York (Depositor) By: /s/ Thomas J. Meyer ----------------------------------------------- Thomas J. Meyer Senior Vice President, General Counsel, Secretary and Director 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. /S/ THOMAS J. MEYER* February 14, 2005 ---------------------------- --------------- Clark P. Manning Date President and Chief Executive Officer /S/ THOMAS J. MEYER* February 14, 2005 ---------------------------- --------------- Andrew B. Hopping Date Executive Vice President, Chief Financial Officer, and Director /S/ THOMAS J. MEYER* February 14, 2005 ---------------------------- --------------- Herbert G. May III Date Chief Administrative Officer and Director /S/ THOMAS J. MEYER* February 14, 2005 ---------------------------- --------------- Bradley J. Powell Date Vice President - IMG and Director /S/ THOMAS J. MEYER* February 14, 2005 ---------------------------- --------------- Thomas J. Meyer Date Senior Vice President, General Counsel and Director /S/ THOMAS J. MEYER* February 14, 2005 ---------------------------- --------------- John J. Brown Date Vice President - Government Relations and Director /S/ THOMAS J. MEYER* February 14, 2005 ---------------------------- --------------- Marianne Clone Date Vice President - Administration - Customer Service Center and Director /S/ THOMAS J. MEYER* February 14, 2005 ---------------------------- --------------- Julia A. Goatley Date Vice President, Senior Counsel, Assisstant Secretary and Director /S/ THOMAS J. MEYER* February 14, 2005 ---------------------------- --------------- Russell E. Peck Date Vice President - Financial Operations and Director /S/ THOMAS J. MEYER* February 14, 2005 ---------------------------- --------------- Donald B. Henderson, Jr. Date Director /S/ THOMAS J. MEYER* February 14, 2005 ---------------------------- --------------- David C. Porteous Date Director /S/ THOMAS J. MEYER* February 14, 2005 ---------------------------- --------------- Donald T. DeCarlo Date Director /S/ THOMAS J. MEYER* February 14, 2005 ---------------------------- --------------- Joanne P. McCallie Date Director * Thomas J. Meyer, Attorney In Fact
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POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that each of the undersigned as a director and/or officer of JACKSON NATIONAL LIFE INSURANCE COMPANY OF NEW YORK (the Depositor), a New York corporation, hereby appoints Andrew B. Hopping, Thomas J. Meyer and Clark P. Manning (with full power to each of them to act alone) his attorney-in-fact and agent, each with full power of substitution and resubstitution, for and in his name, place and stead, in any and all capacities, to execute, deliver and file in the names of the undersigned, any of the documents referred to below relating to the registration statement on Form N-4, under the Investment Company Act of 1940, as amended, and under the Securities Act of 1933, as amended, covering the registration of a Variable Annuity Contract issued by JNLNY Separate Account I (the Registrant), including the initial registration statements, any amendment or amendments thereto, with all exhibits and any and all documents required to be filed with respect thereto with any regulatory authority. Each of the undersigned grants to each of said attorney-in-fact and agent, full authority to do every act necessary to be done in order to effectuate the same as fully, to all intents and purposes as he could do in person, thereby ratifying all that said attorney-in-fact and agent, may lawfully do or cause to be done by virtue hereof. This Power of Attorney may be executed in one or more counterparts, each of which shall be deemed to be an original, and all of which shall be deemed to be a single document. IN WITNESS WHEREOF, each of the undersigned director and/or officer hereby executes this Power of Attorney as of the 3rd day of January, 2005. /s/ Clark P. Manning ---------------------------------------------- Clark P. Manning President and Chief Executive Officer /s/ Andrew B. Hopping ---------------------------------------------- Andrew B. Hopping Executive Vice President, Chief Financial Officer and Director /s/ Bradley J. Powell ---------------------------------------------- Bradley J. Powell Vice President - IMG and Director /s/ Herbert G. May III ---------------------------------------------- Herbert G. May III Chief Administrative Officer and Director /s/ Thomas J. Meyer ---------------------------------------------- Thomas J. Meyer Senior Vice President, General Counsel and Director /s/ John H. Brown ---------------------------------------------- John H. Brown Vice President - Government Relations and Director /s/ Marianne Clone ---------------------------------------------- Marianne Clone Vice President - Administration - Customer Service Center and Director /s/ Julia A. Goatley ---------------------------------------------- Julia A. Goatley Vice President, Senior Counsel, Assistant Secretary and Director /s/ Russell E. Peck ---------------------------------------------- Russell E. Peck Vice President - Financial Operations and Director /s/ Donald B. Henderson, Jr. ---------------------------------------------- Donald B. Henderson, Jr. Director /s/ David L. Porteous ---------------------------------------------- David L. Porteous Director /s/ Donald T. DeCarlo ---------------------------------------------- Donald T. DeCarlo Director /s/ Joanne P. McCallie ---------------------------------------------- Joanne P. McCallie Director
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EXHIBIT LIST Exhibit No. Description 4.ww. Specimen of Guaranteed Minimum Withdrawal Benefit Endorsement, attached hereto as EX-4.ww. 5.g. Form of the Perspective II Fixed and Variable Annuity Application, attached hereto as EX-5.g. 9. Opinion and Consent of Counsel, attached hereto as EX-9.

Dates Referenced Herein   and   Documents Incorporated by Reference

Referenced-On Page
This ‘485APOS’ Filing    Date First  Last      Other Filings
5/2/05221485BPOS
Filed on:2/14/05125485APOS,  497J
1/6/0524N-4
12/31/042424F-2NT,  NSAR-U
12/30/0424N-4/A
12/15/0424
10/4/04924485BPOS,  497,  N-4
10/3/04810
9/17/0424485BPOS
8/19/0424N-4
7/22/0424485APOS
5/3/0410
5/2/04910
4/29/0424485BPOS
12/31/032424F-2NT,  NSAR-U
12/15/039485BPOS
9/23/0310497
9/22/03810485BPOS
9/21/0310
7/14/0310497
6/20/0324485APOS,  485BPOS,  AW
4/30/0324485BPOS
3/18/0310497
12/31/022424F-2NT,  497,  NSAR-U
11/1/0224485APOS
5/20/0224485APOS
5/17/0224485BPOS
12/31/012424F-2NT,  NSAR-U
12/19/0124N-4/A
10/10/0124485BPOS
9/28/0124N-4
11/22/9922
6/30/9824
10/3/9724N-4 EL,  N-8A
9/19/9724
9/12/979
 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    3:6.1M
 4/27/23  Jnlny Separate Account I          485BPOS     5/01/23    3:5.9M
 4/21/22  Jnlny Separate Account I          485BPOS     4/25/22    3:6M
 4/22/21  Jnlny Separate Account I          485BPOS     4/26/21    3:27M
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