A. Offering of the Policy The policy is offered on two lives to persons or entities who satisfy certain suitability standards ("owners"). The policy may be purchased to insure the lives of two individuals ("insureds") in whom the owner has an insurable interest. Southland Life requires satisfactory evidence of each of the insured's insurability, which may include a medical examination. The issue ages are 0 through 90. Age is determined by the insured's age as of the birthday nearest the policy date. The joint equivalent age is generally based on the sum of the insureds' ages divided by two. If the insureds are the same sex, an adjustment is made to reflect this. The joint equivalent age must be at least 15 and cannot exceed age 85 at the time of policy issue. The minimum total death benefit is $250,000 for Survivor Dimensions Variable Universal Life ("SD"). Acceptance of an application depends on Southland Life's underwriting rules. Southland Life reserves the right to reject an application for any reason. If a policy has more than one owner (joint owners), then transactions under the policy except telephone transfers of account value require the authorization of all owners. B. Cost of Insurance Charges Structure, Payments and Underwriting Standards Southland Life places the insureds in a premium class when the policy is issued, based on underwriting. This original premium class applies to the initial stated death benefit. The current cost of insurance charge for a policy is based on the age at issue, sex, face size, premium class of the insureds, and on the policy year. Therefore the charge varies from time to time. Southland Life places insureds in the following premium classes, based on underwriting: Standard Smoker (ages 15-90); Standard Nonsmoker (ages 0-90), or Preferred (ages 15-90). Southland Life's definition of "smoker" includes the use of cigarettes, cigars, pipes, chewing tobacco, nicotine gum or patch, snuff, or any other tobacco or nicotine-based product. Or, insureds may be placed in a substandard rate class, with a higher mortality risk than the standard smoker or standard nonsmoker classes. Additionally, an uninsurable rating may be assessed to an individual that is rated higher than table P. The uninsurable individual may not have an additional table rating, however, an additional flat extra can be added. Southland Life guarantees that the cost of insurance rates used to calculate the monthly cost of insurance charge will not exceed the maximum cost of insurance set forth in the policies. The guaranteed cost of insurance rate for standard classes are based on the 1980 Commissioners' Standard ordinary mortality Tables, Male or Female, Smoker or Nonsmoker Mortality Premiums (1980 CSO Tables). The guaranteed cost of insurance rates for substandard classes are based on multiples of or additives to the 1980 CSO Tables. At any time, Southland Life's current cost of insurance may be less than the guaranteed cost of insurance that is set forth in the policy. Current cost of insurance rates are determined based on expectations as to future mortality, investment earnings, expenses, taxes, and persistency experience. These rates may change from time to time. Cost of insurance rates (whether guaranteed or current) for an insured in a standard nonsmoker class are generally equal to or lower than guaranteed cost of insurance for an insured of the same age and sex in a standard tobacco class. Cost of insurance rates (whether guaranteed or current) for an insured in a standard nonsmoker or smoker class are generally lower than guaranteed cost of insurance for an insured of the same age and sex and smoker status in a substandard class. The cost of insurance will not be the same for all policies. Insurance is based on the principle of pooling and distribution of mortality risks which assumes that each owner is charged a cost of insurance commensurate with the insured's mortality risk as actuarially determined, reflecting factors such as age, sex, health, and underwriting method. A uniform cost of insurance charge for all insureds would discriminate unfairly in favor of those insureds representing higher risks. However, there will be a uniform cost of insurance charge for all insureds of the same issue age, sex, policy duration and underwriting classification. If the insured's age or sex has been misstated in the application for the policy or in any application for supplemental or rider benefits, and if the misstatement becomes known during the lifetime of the insured, then policy values will be adjusted to reflect the correct monthly deductions (based on the correct age or sex) since the policy date. If the policy's values are insufficient to cover the monthly deduction on the prior monthly date, the grace period will be deemed to have begun, and notification will be sent to the owner at least 61 days prior to the end of the grace period. See "Policy Termination and Grace Period," below. C. Death Benefit The policy provides coverage on two insureds and a Death Benefit payable upon the death of the second insured. The policy will remain in force as long as the policy's net cash surrender value is sufficient to cover the charges due. Southland Life guarantees a policy will remain in force during the special continuation period, regardless of the net cash surrender value, if the total premium paid to date, minus partial withdrawals and outstanding policy debt equals or exceeds the minimum monthly premium (shown in the policy) multiplied by the number of complete policy months, including the current policy month. The special continuation period ends five years from the policy date. An extended guarantee may be available under a Guaranteed Minimum Death Benefit feature for Survivor Dimensions policies. The minimum annual premium is based on the age, sex and premium class of each insured, the stated death benefit and supplemental or rider benefits. The minimum annual premium may change as a result of changes to the stated death benefit, the death benefit option, ratings, and supplemental or rider benefits. Southland Life will notify the owner of change in the minimum annual premium. On or after one year from the policy date, the owner may request a reduction in the stated death benefit, by written notice to Southland Life, subject to the following rules. If a change in the stated death benefit would result in total premiums paid exceeding the premium limitations prescribed under current tax law to qualify the policy as a life insurance contract, Southland Life will refund promptly to the owner the excess above the premium limitations. The minimum amount of a stated death benefit decrease is $1,000. The decrease will become effective on the monthly processing date next following the date that the decrease is approved by Southland Life. Southland Life reserves the right to decline a requested decrease in the stated death benefit if compliance with the guideline premium limitations under current tax law resulting from this decrease would result in immediate termination of the policy, or if to effect the requested decrease, payments to the owner would have to be made from the accumulated value for compliance with the guideline premium limitations, and the amount of such payments would exceed the cash surrender value under the policy. The owner may request an increase in the death benefit on or after the first monthly processing date and before the joint equivalent age of the insured people is 85. An increase in the stated death benefit must be at least $1,000 (unless the increase is effected pursuant to a rider providing for automatic increases in stated death benefit), and an application must be submitted. An increase that is not guaranteed by rider requires satisfactory evidence of insurability and must meet Southland Life's underwriting rules. The increase in stated death benefit will become effective on the next monthly processing date after the request is approved. The account value will reflect a monthly deduction (as of the effective date) based on the increased stated death benefit. Southland Life will determine a cost of insurance rate for each increase in coverage based on the joint equivalent age of the insureds at the time of the increase. The following rules apply to determine the risk amount for each rate. When an increase in stated death benefit is requested, Southland Life conducts underwriting before approving the increase to determine whether a different premium class will apply to the increase. If the premium class for the increase has lower cost of insurance rates than the original premium class, then the premium class for the increase will also be applied to the initial stated death benefit. If the premium class for the increase has higher cost of insurance rates than the original premium class, the premium class for the increase will apply only to the increase in stated death benefit, and the original premium class will continue to apply to the initial stated death benefit. To determine the risk amount associated with a stated death benefit, Southland Life generally will attribute the account value solely to the initial stated death benefit. However, if the account value exceeds the initial stated death benefit, the excess will be attributed to the increases in stated death benefit in the order of the increases. If there is a stated death benefit decrease after an increase, the decrease is applied first to prior stated death benefit increases, starting with the most recent increase. The policy will be offered and sold pursuant to an established mortality structure and underwriting standards in accordance with state insurance laws. Where state insurance laws prohibit the use of actuarial tables that distinguish between men and women in determining premiums and policy benefits for their insured resident, Southland Life will comply. D. Application and Payment Processing To purchase a policy, an application must be completed and submitted through an authorized Southland Life agent. Temporary life insurance coverage may be provided prior to the policy date under the terms of a temporary insurance agreement. In accordance with Southland Life's underwriting rules, temporary life insurance coverage may not exceed $3,000,000 and will not remain in effect for more than ninety (90) days. The Policy Date is used to determine the monthly processing date, coverage effective date and policy anniversaries. The insurance coverage becomes effective on the policy date, which may be specified on the application. The policy date is: 1) the date specified on the application, and 2) the back-date of the policy to save age or, if neither 1) or 2) apply, it is the date all underwriting and administrative requirements are met if the initial premium has been received. Otherwise it is the date the initial premium is received by Southland Life. The Investment Date is the date that Southland Life first applies net premium to the Policy. It is the first valuation date following Southland Life's 1) receipt of the initial premium and 2) approval of the policy for issue, and 3) receipt of all issue requirements. As provided under state insurance law, the owner may be permitted to backdate the policy, to preserve insurance age. In no case may the policy date be more than six months prior to the application date. Monthly deductions for the backdated period are deducted on the policy date. The initial premium payment must be at least equal to the scheduled premiums from the policy date through the investment date. Planned periodic premiums and unscheduled premiums that are not underwritten will be credited to the policy and the net premium invested on the valuation date they are received by Southland Life. If premium payment is rejected, Southland Life will return it promptly, without adjustment. The policy date is the date from which policy months, years, and anniversaries are measured. A policy month is a one-month period beginning with a monthly processing date and ending with the day immediately preceding the next following monthly processing date (i.e., 8/15 - 9/15). The monthly processing date is the same as the policy date for each succeeding month. The monthly deductions are made each monthly processing date. A policy year is twelve months commencing with the policy date and ending with the day immediately preceding the next annual date (i.e., 8/15/2000 - 8/14/2001). The issue date, if the same as the policy date, is the date from which the suicide and contestable periods start. It is shown in the policy. E. Allocation of Net Premiums On the investment date, the account value equals the initial premium payment minus the premium expense charges, minus monthly deductions made as the policy date (up to six months for backdated policies). On each investment date thereafter, the account value is the sum of the amounts in the variable investment options, the guaranteed interest division, and the loan division. The account value will vary with the performance of the selected investment options, interest credited on amounts in the guaranteed interest division, interest credited on amounts in the loan division, charges, transfers, partial withdrawals, loans and loan repayments. The net account value is account value minus outstanding policy debt. Cash surrender value is account value minus the applicable surrender charge. Net cash surrender value is the cash surrender value minus outstanding policy debt. When applying for a policy, the owner selects a plan for paying premium payments at specified intervals, e.g., quarterly, semiannually or annually, until the maturity date. If the owner elects, Southland Life will arrange for payment of planned period premiums on a monthly basis under a pre-authorized electronic funds transfer (bank draft) arrangement. The owner is not required to pay premium in accordance with the plan, but can pay more or less than planned or skip a planned periodic premium entirely. Currently, there is no minimum amount for each premium payment. Southland Life may establish a minimum amount effective 90 days after sending a written notice to the owner. Subject to certain limits (described below), the owner can change the amount and frequency of planned periodic premiums at any time by sending a notice to Southland Life. However, Southland Life reserves the right to limit the amount of a premium payment or the total premium paid. In the application, the owner specifies the percentage of net premium to be allocated to each investment option including the guaranteed interest division ("G.I.D."). Net premiums generally will be invested on the valuation date that Southland Life receives them and in accordance with the most recent allocation instructions. The net premium allocation percentages specified in the application will apply to subsequent premium payments until the owner instructs otherwise. The minimum percentage that may be specified for an investment option is 1%, and all percentages must be whole numbers. The sum of allocations must equal 100%. Southland Life limits the number of investment options (18) to which account value may be allocated over the life of the policy. An owner can change the allocation percentages at any time by sending a notice to Southland Life or, if telephone privileges are in effect, the request can be received by telephone. The change applies to all premium payments received with or after receipt of the owner's notice. F. Free Look Some states mandate that if an owner exercises his/her free look right he/she is entitled to a full premium refund. Other states mandate that if the owner exercises his/her free look option he/she is entitled to receive the value of the fund allocations plus a refund of the policy charges previously deducted. Amounts the owner designates for the guaranteed interest division will be invested into that division on the investment date. If the owner's state requires return of premium during the free look period, amounts designated for the variable division are initially invested into The GCG Liquid Asset Portfolio. Later, these amounts are transferred from The GCG Liquid Asset Portfolio to the selected variable investment options, at the earlier of: |