Registration No. 333-216083
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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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POST-EFFECTIVE AMENDMENT NO. 1 TO
FORM S-3
REGISTRATION STATEMENT
UNDER
THE SECURITIES ACT OF 1933
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AXA EQUITABLE LIFE INSURANCE COMPANY
(Exact name of registrant as specified in its charter)
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NEW YORK
(State or other jurisdiction of incorporation or organization)
13-5570651
(I.R.S. Employer Identification No.)
1290 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK 10104
(212) 554-1234
(Address, including zip code, and telephone number,
including area code, of registrant's principal executive offices)
SHANE DALY
VICE PRESIDENT AND ASSOCIATE GENERAL COUNSEL
AXA EQUITABLE LIFE INSURANCE COMPANY
1290 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK 10104
(212) 554-1234
(Name, address, including zip code, and telephone number,
including area code, of agent for service)
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Approximate date of commencement of proposed sale to the public: As soon after
the effective date of this Registration Statement as is practicable.
If the only securities being registered on this Form are being offered pursuant
to dividend or interest reinvestment plans, please check the following box. [_]
If any of the securities being registered on this Form are to be offered on a
delayed or continuous basis pursuant to Rule 415 under the Securities Act of
1933, other than securities offered only in connection with dividend or
interest reinvestment plans, check the following box: [X]
If this Form is filed to register additional securities for an offering
pursuant to Rule 462(b) under the Securities Act, please check the following
box and list the Securities Act Registration statement number of the earlier
effective registration statement for the same offering. [_]
If this Form is a post-effective amendment filed pursuant to Rule 462(c) under
the Securities Act, check the following box and list the Securities Act
registration statement number of the earlier effective registration statement
for the same offering. [_]
If this Form is a registration statement pursuant to General Instruction I.D.
or a post-effective amendment thereto that shall become effective upon filing
with the commission pursuant to Rule 462(e) under the Securities Act, check the
following box. [_]
If this Form is a post-effective amendment to a registration statement filed
pursuant to General Instruction I.D. filed to register additional securities or
additional classes of securities pursuant to Rule 413(b) under the Securities
Act, check the following box. [_]
Indicate by check mark whether the registrant is a large accelerated filer, an
accelerated filer, a non-accelerated filer, or a smaller reporting company. See
the definitions of "large accelerated filer," "accelerated filer" and "smaller
reporting company" in Rule 12b-2 of the Exchange Act.
Large accelerated filer [_] Accelerated filer [_]
Non-accelerated filer [X] (do not check if a smaller reporting company) Smaller reporting company [_]
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The Registrant hereby amends this Registration Statement on such date or
dates as may be necessary to delay its effective date until the Registrant
shall file a further amendment which specifically states that this Registration
Statement shall thereafter become effective in accordance with Section 8(a) of
the Securities Act of 1933 or until this Registration Statement shall become
effective on such date as the Commission, acting pursuant to said Section 8(a),
may determine.
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Note
This Post-Effective Amendment No. 1 ("PEA") to the Form S-3 Registration
Statement No. 333-216083 ("Registration Statement") of AXA Equitable Life
Insurance Company ("AXA Equitable") is being filed for the purpose of including
in the Registration Statement the additions/modifications reflected in the
Return of Premium Death Benefit Supplement. Part II has also been updated
pursuant to the requirements of Form S-3. The PEA does not amend any other part
of the Registration Statement except as specifically noted herein.
AXA Equitable Life Insurance Company
Supplement dated , 2017 to the June 1, 2017 prospectus for Structured Capital Strategies® PLUS
This Supplement modifies certain information in the above-referenced prospectus (the “Prospectus”) offered by AXA Equitable Life Insurance Company (“AXA Equitable”). You should read this Supplement in conjunction with your Prospectus and retain it for future reference. Unless otherwise indicated, all other information included in your Prospectus remains unchanged. The terms we use in this Supplement have the same meaning as in your Prospectus. We will send you another copy of any prospectus or supplement without charge upon request. Please contact the customer service center referenced in your Prospectus.
The purpose of this Supplement is to add an optional Return of Premium Death Benefit.
Please note the following changes to the Prospectus:
| 1. | The following hereby amends, and to the extent inconsistent replaces, the corresponding information in “What is Structured Capital Strategies® PLUS?”: |
Structured Capital Strategies® PLUS is a variable and index-linked deferred annuity contract issued byAXA Equitable Life Insurance Company.The Structured Capital Strategies® contract provides for the accumulation of retirement savings. The contract also offers several payout options and an optional death benefit. You invest to accumulate value on atax-deferred basis in one or more of our variable investment options, in one or more of the Segments comprising the Structured Investment Option or in our Dollar Cap Averaging Program. See “Definition of key terms” later in this Prospectus for a more detailed explanation of terms associated with the Structured Investment Option.
| 2. | The following hereby supplements and amends, and to the extent inconsistent replaces, the corresponding information in “Definitions of key terms”: |
Cash value— At any time before annuity payments begin, your contract’s cash value is equal to the account value less any withdrawal charges or other charges and fees.
Owner— The “owner” is the person who is the named owner in the contract and, if an individual, is the measuring life for determining contract benefits, except the Return of Premium Death Benefit, if elected.
Reference Life (Lives)— The Reference Life (or Reference Lives) is the individual or individuals on whose life we base the optional Return of Premium Death Benefit. We establish the Reference Life (or Reference Lives) at contract issue and the Reference Life (or Reference Lives) generally do not change. For contracts with a natural owner, the Reference Life (or Reference Lives) is the original owner (or original joint owners). For contracts with anon-natural owner, the Reference Life is the original annuitant.
| 3. | The following hereby supplements the information in “Structured Capital Strategies® PLUS at a glance — key features”: |
| | |
| Optional Death Benefit | | • Return of Premium Death Benefit |
| |
| | | The Return of Premium Death Benefit is payable upon the death of the Reference Life (or surviving Reference Life if there are joint Reference Lives). |
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| | The Reference Life for this benefit will not generally change even though the owner or annuitant is changed. |
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| | | The guaranteed benefits under the contract are supported by AXA Equitable’s general account and are subject to AXA Equitable’s claims paying ability. Contract owners should look to the financial strength of AXA Equitable for its claims paying ability. |
| 4. | The following hereby amends, and to the extent inconsistent replaces, the corresponding section in “Fee table”: |
| | |
Charges we deduct from your variable investment options (including the Segment Type Holding Accounts) expressed as an annual percentage of daily net assets |
| Separate account annual expenses: | | |
Variable Investment Option fee(6) | | 1.15% |
This fee does not apply to amounts held in a Segment. | | |
Optional Separate Account Expenses: | | |
Return of Premium Death Benefit charge(*) | | 0.20% |
| Total separate account annual expenses with highest optional separate account annual expenses | | 1.35% |
| (6) | On anon-guaranteed basis, we may waive any portion of the variable investment option fee as it applies to the EQ/Money Market variable investment option (including any amounts in the Segment Type Holding Accounts and dollar cap averaging account) to the extent that the fee exceeds the income distributed by the underlying EQ/Money Market Portfolio. This waiver is limited to the variable investment option fee, and it is not a fee waiver or performance guarantee for the underlying EQ/Money Market Portfolio. See “Variable Investment Option fee” in “Charges and expenses” later in this Prospectus. |
| (*) | The Return of Premium Death Benefit charge is added to the variable investment option fee and the combined amount is deducted daily from the variable investment options (including the Segment Type Holding Accounts and Dollar Cap Averaging Account). With respect to the variable investment options, the Return of Premium Death Benefit charge is expressed as an annual percentage of daily net assets. On anon-guaranteed basis, we may waive any portion of the Return of Premium Death Benefit charge as it applies to the EQ/Money Market variable investment option (including any amounts in the Segment Type Holding Accounts and dollar cap averaging account) to the extent that the charge exceeds the income distributed by the underlying EQ/Money Market Portfolio. This waiver is limited to the Return of Premium Death Benefit charge, and it is not a fee waiver or performance guarantee for the underlying EQ/Money Market Portfolio. See “Return of Premium Death Benefit charge” in “Charges and expenses” later in this Prospectus. |
| 5. | The following hereby supplements the information in “Fee table”: |
| | |
Charges we deduct from Segments if you elect the optional Return of Premium Death Benefit expressed as an annual percentage of the Segment Investment |
| Return of Premium Death Benefit charge(9) | | 0.20% |
| (9) | The Return of Premium Death Benefit charge is deducted from each Segment as part of the Segment Rate of Return calculation. For Segments, the Return of Premium Death Benefit charge is expressed as an annual percentage of the Segment Investment. If the contract is surrendered or annuitized, a withdrawal is taken, or a death benefit is paid, on any date other than the Segment Maturity Date, we will deduct a pro rata portion of the charge from each Segment. |
| 6. | The following hereby amends, and to the extent inconsistent replaces, the corresponding information in “Fee table — Examples”: |
The example assumes that you invest $10,000 in the contract for the time periods indicated and that your investment has a 5% return each year and you elected the Return of Premium Death Benefit. The example also assumes (i) the total annual expenses of the portfolios set forth in the previous tables; and (ii) there is no waiver of any withdrawal charge. Although your actual costs may be higher or lower, based on these assumptions, your costs would be:
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | If you surrender your contract at
the end of the applicable time period | | | If you do not surrender your contract at the end of the applicable time period | |
| | | 1 year | | | 3 years | | | 5 years | | | 10 years | | | 1 year | | | 3 years | | | 5 years | | | 10 years | |
AXABalanced Strategy | | $ | 852 | | | $ | 1,274 | | | $ | 1,722 | | | $ | 2,816 | | | $ | 252 | | | $ | 774 | | | $ | 1,322 | | | $ | 2,816 | |
EQ/MoneyMarket | | $ | 817 | | | $ | 1,169 | | | $ | 1,548 | | | $ | 2,468 | | | $ | 217 | | | $ | 669 | | | $ | 1,148 | | | $ | 2,468 | |
The example assumes that you invest $10,000 in the contract for the time periods indicated and that your investment has a 5% return each year. The example also assumes (i) the total annual expenses of the portfolios set forth in the previous tables; and (ii) there is no waiver of any withdrawal charge. Although your actual costs may be higher or lower, based on these assumptions, your costs would be:
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | If you surrender your contract at the end of the applicable time period | | | If you do not surrender your contract at the end of the applicable time period | |
| | | 1 year | | | 3 years | | | 5 years | | | 10 years | | | 1 year | | | 3 years | | | 5 years | | | 10 years | |
AXABalanced Strategy | | $ | 831 | | | $ | 1,212 | | | $ | 1,619 | | | $ | 2,611 | | | $ | 231 | | | $ | 712 | | | $ | 1,219 | | | $ | 2,611 | |
EQ/MoneyMarket | | $ | 796 | | | $ | 1,107 | | | $ | 1,443 | | | $ | 2,255 | | | $ | 196 | | | $ | 607 | | | $ | 1,043 | | | $ | 2,255 | |
| 7. | The following hereby supplements the information in “Risk Factors”: |
| | • | | You cannot terminate the Return of Premium Death Benefit once you elect it. This means that you cannot avoid paying the charge for the Return of Premium Death Benefit even if you no longer want or need the protection offered by the Return of Premium Death Benefit. This also means you cannot avoid paying the charge when the account value is higher than your adjusted contributions. |
| | • | | If you elect the Return of Premium Death Benefit, then you cannot make contributions to the contract once the original owner or annuitant reaches age 76 (or the first contract date anniversary if later). This means that you will not be able to increase the Return of Premium Death Benefit amount after this date. |
| | • | | If the owner of the contract is changed, the original owner(s) will remain as the Reference Life (Reference Lives) for the Return of Premium Death Benefit. This means that if the new owner dies before the Reference Life (Reference Lives), the Return of Premium Death Benefit is not payable. Also, the Return of Premium Death Benefit is not payable if the new owner chooses a transaction which terminates the benefit (e.g., the new owner elects an annuity payout option). |
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| | • | | If you elect the Return of Premium Death Benefit and subsequently divorce: |
| | — | the value of your Return of Premium Death Benefit may be reduced on a greater thandollar-for-dollar basis if a portion of the account value is withdrawn due to the divorce; |
| | — | the sole Reference Life for this death benefit will not change even if the ownership does which may result in the beneficiary (or beneficiaries) not receiving the Return of Premium Death Benefit; and |
| | — | the joint Reference Lives will not be changed unless oneex-spouse is awarded sole ownership of the contract and all necessary documentation is provided to change the ownership of the contract to thatex-spouse before either one of the joint Reference Lives dies which may result in the beneficiary (or beneficiaries) not receiving the Return of Premium Death Benefit. |
| 8. | The following hereby amends, and to the extent inconsistent replaces, the corresponding information in the tables under the heading “Additional limitations on contributions to your contract” in “Contract features and benefits — How you can purchase and contribute to your contract?”: |
| | • | | You may make subsequent contributions to the contract until the later of attained age 86 (76 if you have elected the Return of Premium Death Benefit) or, if later, the first contract date anniversary. |
| 9. | The following hereby amends, and to the extent inconsistent replaces, the corresponding information in “Contract features and benefits — Structured Investment Option”: |
Segment Maturity Value
We calculate your Segment Maturity Value on the Segment Maturity Date using your Segment Investment and the Segment Rate of Return.
For Standard Segments, the Segment Rate of Return is equal to the Index Performance Rate (the percentage change in the value of the related Index from the Segment Start Date to the Segment Maturity Date), subject to the Performance Cap Rate and Segment Buffer, minus the Return of Premium Death Benefit charge if the Return of Premium Death Benefit is elected, as follows:
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If the Index Performance Rate: | | Your Segment Rate of Return will be: |
| exceeds the Performance Cap Rate | | equal to the Performance Cap Rate minus the Return of Premium Death Benefit charge if the Return of Premium Death Benefit is elected |
| is positive but less than the Performance Cap Rate | | equal to the Index Performance Rate minus the Return of Premium Death Benefit charge if the Return of Premium Death Benefit is elected |
| is flat or negative by a percentage equal to or less than the Segment Buffer | | equal to 0% minus the Return of Premium Death Benefit charge if the Return of Premium Death Benefit is elected |
| is negative by a percentage greater than the Segment Buffer | | negative, equal to the extent of the percentage exceeding the Segment Buffer minus the Return of Premium Death Benefit charge if the Return of Premium Death Benefit is elected |
These values are based on the value of the relevant Index on the Segment Start Date and the Segment Maturity Date. Any fluctuations in the value of the Index between those dates is ignored in calculating the Segment Rate of Return.
For Annual Lock Segments, the Segment Rate of Return is equal to the cumulative result of each successive Annual Lock Yearly Rate of Return, minus the Return of Premium Death Benefit charge if the Return of Premium Death Benefit is elected. The Annual Lock Yearly Rate of Return is equal to the Index Performance Rate (the percentage change in the value of the related Index from the Segment Start Date to the first Annual Lock Anniversary and thereafter from one Annual Lock Anniversary to the next), subject to the Performance Cap Rate and Segment Buffer, as follows:
| | |
If the Index Performance Rate for the Annual Lock Period: | | Your Annual Lock Yearly Rate of Return for that Annual Lock Period will be: |
| exceeds the Performance Cap Rate | | equal to the Performance Cap Rate |
| is positive but less than the Performance Cap Rate | | equal to the Index Performance Rate |
| is flat or negative by a percentage equal to or less than the Segment Buffer | | equal to 0% |
| is negative by a percentage greater than the Segment Buffer | | negative, equal to the extent of the percentage exceeding the Segment Buffer |
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We first multiply your Segment Investment by your Annual Lock Yearly Rate of Return for the first year (first Annual Lock Period) to get your Annual Lock Yearly Return Amount for that year (Annual Lock Period). Your Annual Lock Anniversary Ending Amount for the first Annual Lock Period is equal to your Segment Investment plus or minus your Annual Lock Yearly Return Amount for that Annual Lock Period. Your Annual Lock Yearly Return Amount for that period may be negative, in which case your Annual Lock Anniversary Ending Amount for that period will be less than your Segment Investment. The Annual Lock Anniversary Ending Amount on the first Annual Lock Anniversary is the Annual Lock Anniversary Starting Amount for the second year (second Annual Lock Period) that we multiply by the Annual Lock Yearly Rate of Return for that Annual Lock Period and so on for the remaining Annual Lock Periods until the Segment Maturity Date (sixth Annual Lock Anniversary). These values are based on the change in the value of the relevant Index during the relevant Annual Lock Period. Any fluctuation in the value of the Index between a Segment Start Date and the first Annual Lock Anniversary (and between each successive Annual Lock Anniversary thereafter) is ignored when calculating the Annual Lock Anniversary Ending Amount.
Please note: (i) the Annual Lock Anniversary Starting Amount (and each subsequent Annual Lock Anniversary Starting and Ending Amount) is adjusted for any withdrawals (including any withdrawal charge and other charges and fees) from the Segment and (ii) the Annual Lock Anniversary Starting and Ending Amounts are used solely to calculate the Segment Maturity Value for Annual Lock Segments, are not credited to the contract, are not the Segment Interim Value, and cannot be received upon surrender or withdrawal.
Your Segment Maturity Value is calculated as follows:
We multiply your Segment Investment by your Segment Rate of Return to get your Segment Return Amount. Your Segment Maturity Value is equal to your Segment Investment plus or minus your Segment Return Amount. Your Segment Return Amount may be negative, in which case your Segment Maturity Value will be less than your Segment Investment.
| 10. | The following hereby amends, and to the extent inconsistent replaces, the corresponding information in “Standard Segment Examples” in “Contract features and benefits — Structured Investment Option”: |
Assume that you invest $1,000 in an S&P 500 Price Return Index,6-year Segment with a-20% Segment Buffer, we set the Performance Cap Rate for that Segment at 45%, you make no withdrawal from the Segment and you did not elect the Return of Premium Death Benefit.
| 11. | The following hereby supplements the information in “Standard Segment Examples” in “Contract features and benefits — Structured Investment Option”: |
Assume that you invest $1,000 in an S&P 500 Price Return Index,6-year Segment with a-20% Segment Buffer, we set the Performance Cap Rate for that Segment at 45%, you make no withdrawal from the Segment and you did elect the Return of Premium Death Benefit.
If the S&P 500 Price Return Index is 50% higher on the Segment Maturity Date than on the Segment Start Date, you will receive a 43.8% Segment Rate of Return, and your Segment Maturity Value would be $1,438. We reach that amount as follows:
| | • | | The Index Performance Rate (50%) is greater than the Performance Cap Rate (45%), so the Segment Rate of Return (43.8%) is equal to the Performance Cap Rate (45%) minus the Return of Premium Death Benefit charge (1.20%). |
| | • | | The Segment Return Amount ($438) is equal to the Segment Investment ($1,000) multiplied by the Segment Rate of Return (43.8%). |
| | • | | The Segment Maturity Value ($1,438) is equal to the Segment Investment ($1,000) plus the Segment Return Amount ($438). |
| 12. | The following hereby amends, and to the extent inconsistent replaces, the corresponding information in “Contract features and benefits — Structured Investment Option”: |
Annual Lock Segment Examples
Assume that you invest $1,000 in an S&P 500 Price Return Index,6-year Annual Lock Segment with a-10% Segment Buffer, we set the Performance Cap Rate for that Segment at 12%, you make no withdrawal from the Segment and you did not elect the Return of Premium Death Benefit.
Below is a table summarizing the various Index Performance Rates, Annual Lock Yearly Rates of Return, Annual Lock Yearly Return Amounts and Annual Lock Anniversary Starting and Ending Amounts for the Annual Lock example that is described immediately following the table.
| | | | | | | | | | | | | | | | | | | | | | |
| Year | | | Index
Performance
Rate | | | Annual Lock
Yearly Rate of
Return Annual | | | Annual
Lock
Anniversary
Starting
Amount | | | Annual Lock
Yearly Return
Amount | | | Annual Lock
Anniversary
Ending
Amount | |
| | 1 | | | | 13% | | | | 12% | | | $ | 1,000.00 | * | | $ | 120.00 | | | $ | 1,120.00 | |
| | 2 | | | | -5% | | | | 0% | | | $ | 1,120.00 | | | $ | 0.00 | | | $ | 1,120.00 | |
| | 3 | | | | 10% | | | | 10% | | | $ | 1,120.00 | | | $ | 112.00 | | | $ | 1,232.00 | |
| | 4 | | | | -12% | | | | -2% | | | $ | 1,232.00 | | | -$ | 24.64 | | | $ | 1,207.36 | |
| | 5 | | | | 11% | | | | 11% | | | $ | 1,207.36 | | | $ | 132.81 | | | $ | 1,340.17 | |
| | 6 | | | | 14% | | | | 12% | | | $ | 1,340.17 | | | $ | 160.82 | | | $ | 1,500.99 | |
| * | This is also the Segment Investment. |
4
If the S&P Price Return Index returns are as stated above, then you will receive a 50.099% Segment Rate of Return, and your Segment Maturity Value would be $1,500.99. We reach that amount as follows:
| | • | | The Segment Rate of Return (50.099%) is equal to the cumulative result of each successive Annual Lock Yearly Rate of Return. |
| | • | | The Segment Return Amount ($500.99) is equal to the Segment Investment ($1,000) multiplied by the Segment Rate of Return (50.099%). |
| | • | | The Segment Maturity Value ($1,500.99) is equal to the Segment Investment ($1,000) plus the Segment Return Amount ($500.99). |
Below is a table summarizing the various Index Performance Rates, Annual Lock Yearly Rates of Return, Annual Lock Yearly Return Amounts and Annual Lock Anniversary Starting and Ending Amounts for an Annual Lock example using different Index Performance Rate assumptions.
| | | | | | | | | | | | | | | | | | | | |
| Year | | Index Performance Rate | | | Annual Lock Yearly Rate of Return
Annual | | | Annual Lock Anniversary Starting Amount | | | Annual Lock Yearly Return Amount | | | Annual Lock
Anniversary Ending Amount | |
| 1 | | | 13% | | | | 12% | | | $ | 1,000.00 | * | | $ | 120.00 | | | $ | 1,120.00 | |
| 2 | | | -5% | | | | 0% | | | $ | 1,120.00 | | | $ | 0.00 | | | $ | 1,120.00 | |
| 3 | | | 8% | | | | 8% | | | $ | 1,120.00 | | | $ | 89.60 | | | $ | 1,209.60 | |
| 4 | | | -20% | | | | -10% | | | $ | 1,209.60 | | | | -$120.96 | | | $ | 1,088.64 | |
| 5 | | | -19% | | | | -9% | | | $ | 1,088.64 | | | -$ | 97.98 | | | $ | 990.66 | |
| 6 | | | -6% | | | | 0% | | | $ | 990.66 | | | $ | 0.00 | | | $ | 990.66 | |
| * | This is also the Segment Investment. |
If the S&P Price Return Index returns are as stated above, then you will receive a-0.934% Segment Rate of Return, and your Segment Maturity Value would be $990.66. We reach that amount as follows:
| | • | | The Segment Rate of Return(-0.934%) is equal to the cumulative result of each successive Annual Lock Yearly Rate of Return. |
| | • | | The Segment Return Amount (-$9.34) is equal to the Segment Investment ($1,000) multiplied by the Segment Rate of Return(-0.934%). |
| | • | | The Segment Maturity Value ($990.66) is equal to the Segment Investment ($1,000) plus the Segment Return Amount (-$9.34). |
Below is a table summarizing the various Index Performance Rates, Annual Lock Yearly Rates of Return, Annual Lock Yearly Return Amounts and Annual Lock Anniversary Starting and Ending Amounts for the Annual Lock example that is described immediately following the table.
Assume that you invest $1,000 in an S&P 500 Price Return Index,6-year Annual Lock Segment with a-10% Segment Buffer, we set the Performance Cap Rate for that Segment at 12%, you make no withdrawal from the Segment and you did elect the Return of Premium Death Benefit.
| | | | | | | | | | | | | | | | | | | | |
| Year | | Index Performance Rate | | | Annual Lock Yearly Rate of Return
Annual | | | Annual
Lock Anniversary Starting Amount | | | Annual Lock Yearly
Return Amount | | | Annual Lock
Anniversary Ending Amount | |
| 1 | | | 13% | | | | 12% | | | $ | 1,000.00 | * | | $ | 120.00 | | | $ | 1,120.00 | |
| 2 | | | -5% | | | | 0% | | | $ | 1,120.00 | | | $ | 0.00 | | | $ | 1,120.00 | |
| 3 | | | 10% | | | | 10% | | | $ | 1,120.00 | | | $ | 112.00 | | | $ | 1,232.00 | |
| 4 | | | -12% | | | | -2% | | | $ | 1,232.00 | | | -$ | 24.64 | | | $ | 1,207.36 | |
| 5 | | | 11% | | | | 11% | | | $ | 1,207.36 | | | $ | 132.81 | | | $ | 1,340.17 | |
| 6 | | | 14% | | | | 12% | | | $ | 1,340.17 | | | $ | 160.82 | | | $ | 1,500.99 | |
| * | This is also the Segment Investment. |
If the S&P Price Return Index returns are as stated above, then you will receive a 48.899% Segment Rate of Return, and your Segment Maturity Value would be $1,488.99. We reach that amount as follows:
| | • | | The Segment Rate of Return (48.899%) is equal to the cumulative result of each successive Annual Lock Yearly Rate of Return, minus the Return of Premium Death Benefit charge (0.20% for six years). |
| | • | | The Segment Return Amount ($488.99) is equal to the Segment Investment ($1,000) multiplied by the Segment Rate of Return (48.899%). |
| | • | | The Segment Maturity Value ($1,488.99) is equal to the Segment Investment ($1,000) plus the Segment Return Amount ($488.99). |
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| 13. | The following hereby supplements the information in“Contract features and benefits”: |
Return of Premium Death Benefit
At issue, you may elect the optional Return of Premium Death Benefit.
The Return of Premium Death Benefit amount is equal to your initial contribution and any subsequent contributions to the contract less a deduction that reflects any withdrawals you make from the contract (including any withdrawal charges). The amount of this deduction is described under “How withdrawals affect your Return of Premium Death Benefit” later in this section. The amount of any withdrawal charge is described in “Charges and expenses — Withdrawal charge” later in this Prospectus.
The Return of Premium Death Benefit is payable upon the death of the Reference Life (or surviving Reference Life if there are joint Reference Lives). While the owner of the contract can be changed, the Reference Life cannot generally be changed. After the contract is issued the Reference Life (Lives) can only change as follows:
| | • | | if you provide the required forms to remove an original joint owner due to divorce, we also remove that joint owner as a Reference Life; or |
| | • | | if the sole beneficiary is the surviving spouse, is under age 86, and elects to continue the contract upon the death sole Reference Life who was also the sole owner, that surviving spouse will become the new Reference Life. |
If the contract has anon-natural owner, changing the annuitant will be treated as the death of the owner (but not as the death of the Reference Life) and federal income tax rules will generally require payments of amounts under the contract within five years of changing the annuitant.
The Return of Premium Death Benefit is not available for issue ages 76 and higher. If the contract has joint owners, they must be spouses to elect the Return of Premium Death Benefit. The Return of Premium Death Benefit is not available if the contract has anon-natural owner and joint annuitants.
How withdrawals affect your Return of Premium Death Benefit
Withdrawals through the date of death of the Reference Life (or surviving Reference Life if there are joint Reference Lives) reduce the Return of Premium Death Benefit on a pro rata basis by the same proportion that the annuity account value is reduced on the date of the withdrawal. If you take a withdrawal from your contract, you will reduce the Return of Premium Death Benefit amount and the reduction may be on a greater thandollar-for-dollar basis. For example, if your account value is $30,000 and you withdraw $12,000, you have withdrawn 40% of your account value. If your Return of Premium Death Benefit amount was $40,000 before the withdrawal, it would be reduced by $16,000 ($40,000 * 40%) and your new Return of Premium Death Benefit amount after the withdrawal would be $24,000 ($40,000 – $16,000). Withdrawals after the date of death of the Reference Life (or surviving Reference Life if there are joint Reference Lives) reduce the Return of Premium Death Benefit on adollar-for-dollar basis by the dollar amount your account value is reduced.
How divorce may affect your Return of Premium Death Benefit
If you and your spouse become divorced after you purchase a contract with the Return of Premium Death Benefit, we will not divide the Return of Premium Death Benefit as part of the divorce settlement or judgement. If you are the sole owner (and Reference Life) of a contract with the Return of Premium Death Benefit, we will not remove you as the Reference Life even if yourex-spouse becomes the sole owner of the contract as part of the divorce settlement or judgement. If you and your spouse are joint Reference Lives and you subsequently divorce, only upon submission of the necessary documentation to change the ownership of the contract to only one of theex-spouses will we drop the other oneex-spouse as a Reference Life. If the ownership is not changed before one of theex-spouses dies, the Return of Premium Death Benefit will not be payable. As noted earlier, the charge for the Return of Premium Death Benefit does not end on the transfer of ownership.
As a result of the divorce, you may be required to withdraw amounts from the contract to be paid to yourex-spouse. Any such withdrawal will reduce the Return of Premium Death Benefit amount pro rata (and therefore possibly on a greater thandollar-for-dollar basis), and a withdrawal charge and other charges and fees may also apply.
| 14. | The following hereby amends, and to the extent inconsistent replaces, the corresponding information in “Determining your contract’s value — Your account value and cash value”: |
Your contract also has a “cash value.” At any time before annuity payments begin, your contract’s cash value is equal to the account value less any withdrawal charges or other charges or fees. Please see “Surrender of your contract to receive its cash value” in “Accessing your money” later in this Prospectus.
| 15. | The following hereby amends, and to the extent inconsistent replaces, the corresponding information in “Determining your contract’s value — Your contract’s value in the variable investment options, Segment Type Holding Accounts and the Dollar Cap Averaging Account”: |
Each variable investment option (including the Segment Type Holding Accounts and dollar cap averaging account) invests in shares of a corresponding portfolio. Your value in each variable investment option is measured by “units.” The value of your units will increase or decrease as
6
though you had invested it in the corresponding portfolio’s shares directly. Your value, however, will be reduced by the amount of the fees and charges that we deduct under the contract.
|
| Units measure your value in each variable investment option. |
The unit value for each variable investment option depends on the investment performance of that option minus daily charges for the variable investment option fee and, if the Return of Premium Death Benefit is elected, minus the Return of Premium Death Benefit charge (which is added to the variable investment option fee and the combined amount is deducted). Each Segment Type Holding Account and the dollar cap averaging account are part of the EQ/Money Market variable investment option. On any day, your value in any variable investment option equals the number of units credited to that option, adjusted for any units purchased for or deducted from your contract under that option, multiplied by that day’s value for one unit. The number of your contract units in any variable investment option does not change unless it is:
| | (i) | increased to reflect additional contributions; |
| | (ii) | decreased to reflect a withdrawal (including applicable withdrawal charges); or |
| | (iii) | increased to reflect a transfer into, or decreased to reflect a transfer out of, a variable investment option. |
A description of how unit values are calculated is found in the SAI.
| 16. | The following hereby amends, and to the extent inconsistent replaces, the corresponding information in “Determining your contract’s value — Your contract’s value in the Structured Investment Option”: |
We then compare the sum of the three components above with a limitation based on the Performance Cap Rate. In particular, the Segment Interim Value is never greater than the Segment Investment (or most recent Annual Lock Anniversary Starting Amount, if applicable) multiplied by the portion of the Performance Cap Rate corresponding to the portion of the Segment Duration (or Annual Lock Period for Annual Lock Segments) that has elapsed. This limitation is imposed to discourage owners from withdrawing from a Segment before the Segment Maturity Date where there may have been significant increases in the relevant Index early in the Segment Duration. If you elected the optional Return of Premium Death Benefit, a pro rata portion of the Return of Premium Death Benefit charge is also deducted from the lesser of these two values. For more information, please see Appendix III.
| 17. | The following hereby amends, and to the extent inconsistent replaces, the corresponding information in “Partial withdrawals” in “Accessing your money — Withdrawing your account value”: |
Partial withdrawals out of Segments are permitted, subject to certain restrictions. See “How withdrawals are taken from your account value” later in this section. If you elected the optional Return of Premium Death Benefit, a pro rata portion of the Return of Premium Death Benefit charge will be deducted at the time you take a partial withdrawal out of a Segment. A partial withdrawal from a Segment will reduce your Segment Investment in that Segment and, therefore, your Segment Maturity Value for that Segment. For Annual Lock Segments, a partial withdrawal will also reduce each Annual Lock Anniversary Starting and Ending Amount. The reduction in the Segment Investment and each Annual Lock Anniversary Starting and Ending Amount may be greater than the dollar amount of your withdrawal. For more information, see Appendix III.
| 18. | The following hereby supplements the information in “Partial withdrawals” in “Accessing your money — How withdrawals are taken from your account value”: |
Withdrawals reduce the Return of Premium Death Benefit amount on a pro rata basis by the same proportion that the account value is reduced on the date of the withdrawal.
| 19. | The following hereby supplements the information in “Accessing your money — Your annuity payout options”: |
Annuitization terminates the Return of Premium Death Benefit, if elected, and your contract has a maturity date. See “Annuity maturity date” later in this section.
| 20. | The following hereby supplements the information in “Charges and expenses — Charges under the contracts: |
Return of Premium Death Benefit charge
If you elect the Return of Premium Death Benefit, we deduct:
| | • | | A daily charge from the net assets in each variable investment option (including each Segment Type Holding Account and the dollar cap averaging account). The current charge is equal to an annual rate of 0.20% of the net assets in each investment option. We add the Return of Premium Death Benefit charge to the variable investment option fee and deduct the combined amount on a daily basis from the net assets in each variable investment option. On anon-guaranteed basis, we may waive this fee under certain conditions. If the return on the EQ/Money Market variable investment option on any day is positive, but lower than the sum of this fee and the applicable variable investment option fee, then we will waive the difference between the sum of these two amounts, so that you do not receive a negative return. If the return on the EQ/Money Market variable investment option on any day is negative, we will waive the sum of this fee and the variable investment option fee entirely for that day, although your account value would be reduced by the negative performance of the EQ/Money Market variable investment option itself. We reserve the right to change or cancel this provision at any time. |
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and
| | • | | A charge from each Segment as part of the Segment Rate of Return. The current charge is equal to an annual rate of 0.20% of the Segment Investment in each Segment and is deducted when calculating the Segment Rate of Return on the Segment Maturity Date. A pro rata portion of this charge is deducted if a partial withdrawal is taken from a Segment on a date other than the Segment Maturity Date or if the contract is surrendered, annuitized or a death benefit paid on a date other than the Segment Maturity Date. |
| 21. | The following hereby amends, and to the extent inconsistent replaces, the corresponding information in “Payment of death benefit — Your beneficiary and payment of benefit”: |
Death benefit
The base death benefit is equal to the account value as of the date we receive satisfactory proof of the owner’s death, any required instructions for the method of payment, and all information and forms necessary to effect payment. If you elected the Return of Premium Death Benefit, you will receive the greater of the Return of Premium Death Benefit amount or the account value as of the date we receive satisfactory proof of the Reference Life’s death.
Effect of the owner’s death
The Return of Premium Death Benefit was not elected. In general, if the owner dies while the contract is in force, the contract terminates and the applicable death benefit is paid. If the contract is jointly owned, the death benefit is payable upon the death of the older owner. If the contract is owned by anon-natural person, the death of the primary annuitant triggers rules regarding the death of an owner.
Once we have received notice of the owner’s death, we will not make any transfers from Segment Type Holding Accounts to Segments. Amounts in the Segment Type Holding Accounts will be defaulted into the EQ/Money Market variable investment option. When Segments mature, the Segment Maturity Value will be transferred to the EQ/Money Market variable investment option.
There are various circumstances, however, in which the contract can be continued by a successor owner or under a Beneficiary continuation option (“BCO”). For contracts with spouses who are joint owners, the surviving spouse will automatically be able to continue the contract under the “Spousal continuation” feature, or under our Beneficiary continuation option, as discussed below. For contracts withnon-spousal joint owners, the joint owner will be able to continue the contract as a successor owner subject to the limitations discussed below under“Non-spousal joint owner contract continuation.” If you are the sole owner and your spouse is the sole primary beneficiary, your surviving spouse can continue the contract as a successor owner, under “Spousal continuation” or under our Beneficiary continuation option, as discussed below.
If the surviving joint owner is not the surviving spouse, or, for single owner contracts, if the beneficiary is not the surviving spouse, federal income tax rules generally require payments of amounts under the contract to be made within five years of an owner’s death (the“5-year rule”). In certain cases, an individual beneficiary ornon-spousal surviving joint owner may opt to receive payments over his/her life (or over a period not to exceed his/her life expectancy) if payments commence within one year of the owner’s death. Any such election must be made in accordance with our rules at the time of death.
The Return of Premium Death Benefit was elected.In general, if the owner, who is also the sole Reference Life, dies while the contract is in force, the contract terminates and the death benefit is paid. If the contract is jointly owned at issue and the Reference Lives are spouses when the first Reference Life dies, the Return of Premium Death Benefit is payable upon the death of the surviving Reference Life. If the contract is owned by anon-natural person, the annuitant will be the Reference Life and the death of the annuitant triggers the same rules that apply to the death of an owner.
If the owner, who is not the Reference Life, dies before the Reference Life (or surviving Reference Life, if applicable), the Return of Premium Death Benefit is not payable and the post-death distribution rules discussed above apply.
Once we have notice of the Reference Life’s death (or surviving Reference Life’s death, if applicable), we will not make any transfers from Segment Type Holding Accounts to Segments. Amounts in the Segment Type Holding Accounts will be defaulted into the EQ/Money Market variable investment option. When Segments mature, the Segment Maturity Value will be transferred to the EQ/Money Market variable investment option.
There are certain circumstances, however, in which the contract can be continued by a successor owner or under the BCO. If you are the sole Reference Life and your spouse is the sole primary beneficiary, your surviving spouse may be able to continue the contract as a successor owner, under “Spousal continuation” if your surviving spouse is not yet 86 years old, or the surviving spouse could continue the contract under the BCO, as discussed below. If the beneficiary is not the surviving spouse, Spousal continuation is not available, but other post-death payout options under the BCO may be available, and generally, the5-year rule applies. In certain cases, an individual beneficiary may opt to receive payments over his/her life (or over a period not to exceed his/her life expectancy) if payments commence within one year of the owner’s death. Any such election must be made in accordance with our rules at the time of death.
8
| 22. | The following hereby amends, and to the extent inconsistent replaces, the corresponding information in “Payment of death benefit —Non-spousal joint owner contract continuation”: |
Upon the death of either owner, the surviving joint owner becomes the sole owner.
Any amount payable under the contract must be fully paid to the surviving joint owner within five years, unless one of the exceptions described here applies. The surviving owner may instead elect to take an installment payout or an annuity payout option we may offer at the time under the contract, provided payments begin within one year of the deceased owner’s death. If an annuity or installment payout is elected, the contract terminates and a supplemental contract is issued.
If the older owner dies first, the surviving owner can elect to (1) take a lump sum payment; (2) take an installment payout or an annuity payout option we may offer at the time under the contract within one year; (3) continue the contract for up to five years; or (4) continue the contract under the Beneficiary continuation option discussed below. If the contract continues, withdrawal charges will no longer apply if you did not elect the Return of Premium Death Benefit, and no additional contributions will be permitted.
If the younger owner dies first, the surviving owner can elect to (1) take a lump sum payment; (2) take an installment payout or annuity within one year; (3) continue the contract for up to five years; or (4) continue the contract under the Beneficiary continuation option discussed below. If the contract continues, withdrawal charges will continue to apply and no additional contributions will be permitted. If you did not elect the Return of Premium Death Benefit, the base death benefit becomes payable to the beneficiary if the older owner dies within five years after the death of the younger owner.
| 23. | The following hereby amends, and to the extent inconsistent replaces, the corresponding information in “Payment of death benefit — Spousal continuation”: |
Return of Premium Death Benefit was not elected. If you are the contract owner and your spouse is the sole primary beneficiary or you jointly own the contract with your younger spouse, or if the contract owner is anon-natural person and you and your younger spouse are joint annuitants, your spouse may elect to continue the contract as successor owner upon your death. Spousal beneficiaries (who are not also joint owners) must be 85 or younger as of the date of the deceased spouse’s death to continue the contract under Spousal continuation. The determination of spousal status is made under applicable state law. However, in the event of a conflict between federal and state law, we follow federal rules.
Upon your death, the younger spouse joint owner (for NQ contracts only) or the spouse beneficiary (under a single owner contract) may elect to receive the death benefit, continue the contract under our beneficiary continuation option (as discussed below in this section) or continue the contract, as follows:
| | • | | In general, withdrawal charges will no longer apply to contributions made before your death. Withdrawal charges will apply if additional contributions are made. |
| | • | | If the deceased spouse was the annuitant, the surviving spouse becomes the annuitant. If the deceased spouse was a joint annuitant, the contract will become a single annuitant contract. |
Where a NQ contract is owned by a Living Trust, as defined in the contract, and at the time of the annuitant’s death the annuitant’s spouse is the sole beneficiary of the Living Trust, the Trust, as owner of the contract, may request that the spouse be substituted as annuitant as of the date of the annuitant’s death. No further change of annuitant will be permitted.
Where an IRA contract is owned in a custodial individual retirement account, and your spouse is the sole beneficiary of the account, the custodian may request that the spouse be substituted as annuitant after your death.
For jointly owned NQ contracts, if the younger spouse dies first no death benefit is paid, and the contract continues as follows:
| | • | | If the deceased spouse was the annuitant, the surviving spouse becomes the annuitant. If the deceased spouse was a joint annuitant, the contract will become a single annuitant contract. |
| | • | | The withdrawal charge schedule remains in effect. |
The transfer restrictions on amounts in Segments prior to election of Spousal continuation remain in place. Any amounts in Segments may not be transferred out of the Segments until their Segment Maturity Dates. The Segment Maturity Value may be reinvested in other investment options. However, if the beneficiary chooses the“5-year rule” they are not permitted to transfer any account value to any Segment but instead can only transfer account value to a variable investment option.
If you divorce, spousal continuation does not apply.
Return of Premium Death Benefit was elected. If you are the original contract owner and your spouse is the sole primary beneficiary, your spouse may elect to continue the contract, including the Return of Premium Death Benefit, as successor owner upon your death under certain conditions. The Return of Premium Death Benefit charge will continue to apply. Spousal beneficiaries (who were not also a Reference Life) must be 85 or younger as of the date of the deceased spouse’s death to continue the contract under Spousal continuation. If you jointly
9
own the contract with your spouse and you are joint Reference Lives, the contract continues with your spouse as the surviving Reference Life. The determination of spousal status is made under applicable state law. However, in the event of a conflict between federal and state law, we follow federal rules.
If you divorce, Spousal continuation does not apply.
| 24. | The following hereby amends, and to the extent inconsistent replaces, the corresponding information in “Payment of death benefit — Beneficiary continuation option”: |
This feature permits a designated individual, on the contract owner’s death, to maintain a contract with the deceased contract owner’s name on it and receive distributions under the contract, instead of receiving the amount payable under the contract in a single sum. We make this option available to beneficiaries under traditional IRA, Roth IRA and NQ contracts, subject to state availability. Please speak with your financial professional or see Appendix II later in this Prospectus for further information.
Where an IRA contract is owned in a custodial individual retirement account, the custodian may reinvest the death benefit in an individual retirement annuity contract, using the account beneficiary as the annuitant. Please speak with your financial professional for further information.
| 25. | The following hereby amends, and to the extent inconsistent replaces, the corresponding information in “Beneficiary continuation option for NQ contracts only” in “Payment of death benefit — Beneficiary continuation option”: |
If the amount payable under the contract is a death benefit:
| | • | | No withdrawal charges will apply to withdrawals of the death benefit by the beneficiary. |
If the amount payable under the contract is the cash value:
| | • | | The contract’s withdrawal charge schedule will continue to be applied to any withdrawal or surrender other than scheduled payments; the contract’s free withdrawal amount will continue to apply to withdrawals but does not apply to surrenders. |
| | • | | We do not impose a withdrawal charge on scheduled payments except if, when added to any withdrawals previously taken in the same contract year, including for this purpose a contract surrender, the total amount of withdrawals and scheduled payments exceed the free withdrawal amount. See the “Withdrawal charges” in “Charges and expenses” earlier in this Prospectus. |
Structured Capital Strategies® PLUS is issued by and is a registered service mark of
AXA Equitable Life Insurance Company (AXA Equitable).
Co-distributed by affiliates AXA Advisors, LLC and AXA Distributors, LLC. 1290 Avenue of the Americas, New York, NY 10104.
Copyright 2017 AXA Equitable Life Insurance Company. All rights reserved.
AXA Equitable Life Insurance Company
1290 Avenue of the Americas, New York, NY 10104
(212)554-1234
10
PART II
INFORMATION NOT REQUIRED IN PROSPECTUS
ITEM 14. OTHER EXPENSES OF ISSUANCE AND DISTRIBUTION
ESTIMATED
ITEM OF EXPENSE EXPENSE
--------------- -----------
Registration fees $116,015.90
Federal taxes N/A
State taxes and fees (based on 50 state average) N/A
Trustees' fees N/A
Transfer agents' fees N/A
Printing and filing fees $50,000*
Legal fees N/A
Accounting fees N/A
Audit fees $20,000*
Engineering fees N/A
Directors and officers insurance premium paid by Registrant N/A
--------
* Estimated expense.
ITEM 15. INDEMNIFICATION OF DIRECTORS AND OFFICERS
The by-laws of AXA Equitable Life Insurance Company ("AXA Equitable")
provide, in Article VII, as follows:
7.4 Indemnification of Directors, Officers and Employees. (a) To
the extent permitted by the law of the State of New York and
subject to all applicable requirements thereof:
(i) any person made or threatened to be made a party to any
action or proceeding, whether civil or criminal, by
reason of the fact that he or she, or his or her
testator or intestate, is or was a director, officer or
employee of the Company shall be indemnified by the
Company;
(ii) any person made or threatened to be made a party to any
action or proceeding, whether civil or criminal, by
reason of the fact that he or she, or his or her
testator or intestate serves or served any other
organization in any capacity at the request of the
Company may be indemnified by the Company; and
(iii) the related expenses of any such person in any of said
categories may be advanced by the Company.
(b) To the extent permitted by the law of the State of
New York, the Company may provide for further
indemnification or advancement of expenses by resolution
of shareholders of the Company or the Board of
Directors, by amendment of these By-Laws, or by
agreement. {Business Corporation Law ss.ss. 721-726;
Insurance Law ss.1216}
The directors and officers of AXA Equitable are insured under
policies issued by X. L. Insurance Company, Arch Insurance Company, Endurance
Insurance Company, U.S. Specialty Insurance, St. Paul Travelers, Chubb
Insurance Company, AXIS Insurance Company and Zurich Insurance Company. The
annual limit on such policies is $105 million, and the policies insure the
officers and directors against certain liabilities arising out of their conduct
in such capacities.
ITEM 16. EXHIBITS
Exhibits No.
(1) (a) Distribution Agreement dated as of January 1, 1998 among The
Equitable Life Assurance Society of the United States (now AXA
Equitable Life Insurance Company) for itself and as depositor
on behalf of certain Separate Accounts, and Equitable
Distributors, Inc. (now AXA Distributors, LLC), incorporated
herein by reference to the Registration Statement on Form N-4
(File No. 333-64749), filed on August 5, 2011.
(i) First Amendment dated January 1, 2001 to Distribution
Agreement dated January 1, 1998, incorporated herein by
reference to the Registration Statement on Form N-4
(File No. 333-64749), filed on August 5, 2011.
(ii) Second Amendment dated January 1, 2012 to Distribution
Agreement dated January 1, 1998, incorporated herein by
reference to Registration Statement on Form N-4 (File
No. 333-05593) filed on April 24, 2012.
(iii) Third Amendment dated November 1, 2014 to Distribution
Agreement dated January 1, 1998, incorporation herein by
reference to Registration Statement on Form N-4 (File
No. 2-30070) filed on April 19, 2016.
(b) Distribution and Servicing Agreement dated as of May 1, 1994,
among Equico Securities (now AXA Advisors, LLC), The Equitable
Life Assurance Society of the United States, and Equitable
Variable Life Insurance Company, incorporated herein by
reference to Exhibit 3(c) to the Registration Statement on Form
N-4 (File No. 2-30070), refiled electronically July 10, 1998.
(i) Letter of Agreement dated April 20, 1998 for
Distribution Agreement, among The Equitable Life
Assurance Society of the United States and EQ Financial
Consultants, Inc. (now AXA Advisors, LLC), incorporated
herein by reference to Exhibit No. 3(c) to Registration
Statement (File No. 33-83750), filed on May 1, 1998.
(c) Distribution Agreement for services by The Equitable Life
Assurance Society of the United States to AXA Network, LLC and
its subsidiaries dated January 1, 2000 incorporated herein by
reference to Exhibit 3(d) to Registration Statement (File No.
33-83750) filed April 19, 2001.
(d) Transition Agreement for services by AXA Network, LLC and its
subsidiaries to The Equitable Life Assurance Society of the
United States dated January 1, 2000 incorporated herein by
reference to Exhibit 3(e) to Registration Statement (File No.
33-83750) filed April 19, 2001.
(e) General Agent Sales Agreement dated January 1, 2000 between The
Equitable Life Assurance Society of the United States and AXA
Network, LLC and its subsidiaries, incorporated herein by
reference to Exhibit 3(h) to the Registration Statement on Form
N-4, (File No. 2-30070), filed April 19, 2004.
(i) First Amendment dated January 1, 2003 to General Agent
Sales Agreement dated January 1, 2000 between The
Equitable Life Assurance Society of the
II-2
United States and AXA Network, LLC and its subsidiaries,
incorporated herein by reference to the Registration
Statement on Form N-4, (File No. 333-05593), filed
April 24, 2012.
(ii) Second Amendment dated as of January 1, 2004 to General
Agent Sales Agreement dated January 1, 2000 between The
Equitable Life Assurance Society of the United States
and AXA Network, LLC and its subsidiaries, incorporated
herein by reference to the Registration Statement on
Form N-4, (File No. 333-05593), filed April 24, 2012.
(iii) Third Amendment dated as of July 19,2004 to General
Agent Sales Agreement dated as of January 1, 2000 by and
between The Equitable Life Assurance Society of the
United States and AXA Network, LLC and its subsidiaries
incorporated herein by reference to Registration
Statement on Form N-4 (File No. 333-127445), filed on
August 11, 2005.
(iv) Fourth Amendment dated as of November 1, 2004 to General
Agent Sales Agreement dated as of January 1, 2000 by and
between The Equitable Life Assurance Society of the
United States and AXA Network, LLC and its subsidiaries
incorporated herein by reference to Registration
Statement on Form N-4 (File No. 333-127445), filed on
August 11, 2005.
(v) Fifth Amendment dated as of November 1, 2006, to General
Agent Sales Agreement dated as of January 1, 2000 by and
between The Equitable Life Assurance Society of the
United States and AXA Network, LLC and its subsidiaries
incorporated herein by reference to Registration
Statement on Form N-4 (File No. 333-05593), filed on
April 24, 2012.
(vi) Sixth Amendment dated as of February 15, 2008, to
General Agent Sales Agreement dated as of January 1,
2000 by and between AXA Equitable Life Insurance Company
(formerly known as The Equitable Life Assurance Society
of the United States) and AXA Network, LLC and its
subsidiaries, incorporated herein by reference to
Registration Statement on Form N-4 (File No. 333-05593)
filed on April 24, 2012.
(vii) Seventh Amendment dated as of February 15, 2008, to
General Agent Sales Agreement dated as of January 1,
2000 by and between AXA Equitable Life Insurance Company
(formerly known as The Equitable Life Assurance Society
of the United States) and AXA Network, LLC and its
subsidiaries, incorporated herein by reference to
Registration Statement on Form N-4 (File No. 2-30070) to
Exhibit 3(r), filed on April 20, 2009.
(viii) Eighth Amendment dated as of November 1, 2008, to
General Agent Sales Agreement dated as of January 1,
2000 by and between AXA Equitable Life Insurance Company
(formerly known as The Equitable Life Assurance Society
of the United States) and AXA Network, LLC and its
subsidiaries, incorporated herein by reference to
Registration Statement on Form N-4 (File No. 2-30070) to
Exhibit 3(s), filed on April 20, 2009.
(ix) Ninth Amendment dated as of November 1, 2011 to General
Agent Sales Agreement dated as of January 1, 2000 by and
between AXA Life Insurance Company (formerly known as
The Equitable Life Assurance Society of the United
States) and AXA Network, LLC and its subsidiaries,
incorporated herein by reference to Registration
Statement on Form N-4 (File No. 333-05593) filed on
April 24, 2012.
(x) Tenth Amendment dated as of November 1, 2013, to General
Agent Sales Agreement dated as of January 1, 2000, by
and between AXA Equitable Life Insurance Company
(formerly known as The Equitable Life Assurance Society
of the United States) and AXA Network, LLC and its
subsidiaries, incorporated herein by reference to
Registration Statement on Form N-4 (File No. 333-178750)
filed on October 16, 2014.
(xi) Eleventh Amendment dated as of November 1, 2013, to
General Agent Sales Agreement dated as of January 1,
2000, by and between AXA Equitable Life Insurance
Company (formerly known as The Equitable Life Assurance
Society of the United States) and AXA Network, LLC and
its subsidiaries, incorporated herein by reference to
Registration Statement on Form N-4 (File No. 333-178750)
filed on October 16, 2014.
(xii) Twelfth Amendment dated as of November 1, 2013, to
General Agent Sales Agreement dated as of January 1,
2000, by and between AXA Equitable Life Insurance
Company (formerly known as The Equitable Life Assurance
Society of the United States) and AXA Network, LLC and
its subsidiaries, incorporated herein by reference to
Registration Statement on Form N-4 (File No. 333-178750)
filed on October 16, 2014.
(xiii) Thirteenth Amendment dated as of October 1, 2014 to
General Agent Sales Agreement dated as of January 1,
2000, by and between AXA Equitable Life Insurance
Company (formerly known as The Equitable Life Assurance
Society of the United States) and AXA Network, LLC and
its subsidiaries, incorporated herein by reference to
the Registration Statement on Form N-4
(File No. 333-202147), filed on September 9, 2015.
(xiv) Fourteenth Amendment dated as of August 1, 2015 to
General Agent Sales Agreement dated as of January 1,
2000, by and between AXA Equitable Life Insurance
Company (formerly known as The Equitable Life Assurance
Society of the United States) and AXA Network, LLC and
its subsidiaries, incorporated herein by reference to
this Registration Statement on Form N-4
(File No. 2-30070), filed on April 19, 2016.
(e)(xv)Sixteenth Amendment dated May 1, 2016 to the General
Agent Sales Agreement dated as of January 1, 2000 by and
between AXA Equitable Life Insurance Company, (formerly
known as The Equitable Life Assurance Society of the
United States) and AXA Network, LLC, incorporated herein
by reference to Registration Statement on Form N-4 (File
No. 2-30070) filed on April 18, 2017.
(f) Form of Brokerage General Agent Sales Agreement with Schedule
and Amendment to Brokerage General Agent Sales Agreement among
[Brokerage General Agent] and AXA Distributors, LLC, AXA
Distributors Insurance Agency, LLC, AXA Distributors Insurance
Agency of Alabama, LLC, and AXA Distributors Insurance Agency
of Massachusetts, LLC, incorporated herein by reference to
Exhibit No. 3.(i) to Registration Statement (File No.
333-05593) on Form N-4, filed on April 20, 2005.
(g) Form of Wholesale Broker-Dealer Supervisory and Sales Agreement
among [Broker-Dealer] and AXA Distributors, LLC, incorporated
herein by reference to Exhibit No. 3.(j) to Registration
Statement (File No. 333-05593) on Form N-4, filed on April 20,
2005.
II-3
(h) Amended and Restated Participation Agreement among EQ Advisors
Trust, AXA Equitable Life Insurance Company ("AXA Equitable"),
AXA Distributors and AXA Advisors dated July 15, 2002 is
incorporated herein by reference to Post-Effective Amendment
No. 25 to the EQ Advisor's Trust Registration Statement on Form
N-1A (File No. 333-17217 and 811-07953), filed on February 7,
2003.
(i) Amendment No. 1, dated May 2, 2003, to the Amended and
Restated Participation Agreement among EQ Advisors
Trust, AXA Equitable, AXA Distributors and AXA Advisors
dated July 15, 2002 incorporated herein by reference to
Post-Effective Amendment No. 28 to the EQ Advisor's
Trust Registration Statement (File No. 333-17217) on
Form N-1A filed on February 10, 2004.
(ii) Amendment No. 2, dated July 9, 2004, to the Amended and
Restated Participation Agreement among EQ Advisors
Trust, AXA Equitable, AXA Distributors and AXA Advisors
dated July 15, 2002 incorporated herein by reference to
Post-Effective Amendment No. 35 to the EQ Advisor's
Trust Registration Statement (File No. 333-17217) on
Form N-1A filed on October 15, 2004.
(iii) Amendment No. 3, dated October 1, 2004, to the Amended
and Restated Participation Agreement among EQ Advisors
Trust, AXA Equitable, AXA Distributors and AXA Advisors
dated July 15, 2002 incorporated herein by reference to
Post-Effective Amendment No. 35 to the EQ Advisor's
Trust Registration Statement (File No. 333-17217) on
Form N-1A filed on October 15, 2004.
(iv) Amendment No. 4, dated May 1, 2005, to the Amended and
Restated Participation Agreement among EQ Advisors
Trust, AXA Equitable, AXA Distributors and AXA Advisors
dated July 15, 2002 incorporated herein by reference to
Post-Effective Amendment No. 37 to the EQ Advisor's
Trust Registration Statement (File No. 333-17217) on
Form N-1A filed on April 7, 2005.
(v) Amendment No. 5, dated September 30, 2005, to the
Amended and Restated Participation Agreement among EQ
Advisors Trust, AXA Equitable, AXA Distributors and AXA
Advisors dated July 15, 2002 incorporated herein by
reference to Post-Effective Amendment No. 44 to the EQ
Advisor's Trust Registration Statement (File No.
333-17217) on Form N-1A filed on April 5, 2006.
(vi) Amendment No. 6, dated August 1, 2006, to the Amended
and Restated Participation Agreement among EQ Advisors
Trust, AXA Equitable, AXA Distributors and AXA Advisors
dated July 15, 2002 incorporated herein by reference to
Post-Effective Amendment No. 51 to the EQ Advisor's
Trust Registration Statement (File No. 333-17217) on
Form N-1A filed on February 2, 2007.
(vii) Amendment No. 7, dated May 1, 2007, to the Amended and
Restated Participation Agreement among EQ Advisors
Trust, AXA Equitable, AXA Distributors and AXA Advisors
dated July 15, 2002 incorporated herein by reference to
Post-Effective Amendment No. 53 to the EQ Advisor's
Trust Registration Statement (File No. 333-17217) on
Form N-1A filed on April 27, 2007.
(viii) Amendment No. 8, dated January 1, 2008, to the Amended
and Restated Participation Agreement among EQ Advisors
Trust, AXA Equitable, AXA Distributors and AXA Advisors
dated July 15, 2002 incorporated herein by reference to
Post-Effective Amendment No. 56 to the EQ Advisor's
Trust Registration Statement (File No. 333-17217) on
Form N-1A filed on December 27, 2007.
(ix) Amendment No. 9, dated May 1, 2008, to the Amended and
Restated Participation Agreement among EQ Advisors
Trust, AXA Equitable, AXA Distributors and AXA Advisors
dated July 15, 2002 incorporated herein by reference to
Post-Effective Amendment No. 61 to the EQ Advisor's
Trust Registration Statement (File No. 333-17217) on
Form N-1A filed on February 13, 2009.
(x) Amendment No. 10, dated January 1, 2009, to the Amended
and Restated Participation Agreement among EQ Advisors
Trust, AXA Equitable, AXA Distributors and AXA Advisors
dated July 15, 2002 incorporated herein by reference to
Post-Effective Amendment No. 64 to the EQ Advisor's
Trust Registration Statement (File No. 333-17217) on
Form N-1A filed on March 16, 2009.
(xi) Amendment No. 11, dated May 1, 2009, to the Amended and
Restated Participation Agreement among EQ Advisors
Trust, AXA Equitable, AXA Distributors and AXA Advisors
dated July 15, 2002 incorporated herein by reference to
Post-Effective Amendment No. 67 to the EQ Advisor's
Trust Registration Statement (File No. 333-17217) on
Form N-1A filed on April 15, 2009.
(xii) Amendment No. 12, dated September 29, 2009, to the
Amended and Restated Participation Agreement among EQ
Advisors Trust, AXA Equitable, AXA Distributors and AXA
Advisors dated July 15, 2002 incorporated herein by
reference to Post-Effective Amendment No. 70 to the EQ
Advisor's Trust Registration Statement (File No.
333-17217) on Form N-1A filed on January 21, 2010.
II-4
(xiii) Amendment No. 13, dated August 16, 2010, to the Amended
and Restated Participation Agreement among EQ Advisors
Trust, AXA Equitable, AXA Distributors and AXA Advisors
dated July 15, 2002 incorporated herein by reference to
Post-Effective Amendment No. 77 To the EQ Advisor's
Trust Registration Statement (File No. 333-17217) on
Form N-1A filed on February 3, 2011.
(xiv) Amendment No. 14, dated December 15, 2010, to the
Amended and Restated Participation Agreement among EQ
Advisors Trust, AXA Equitable, AXA Distributors and AXA
Advisors dated July 15, 2002 incorporated herein by
reference to Post-Effective Amendment No. 77 To the EQ
Advisor's Trust Registration Statement (File No.
333-17217) on Form N-1A filed on February 3, 2011.
(xv) Amendment No. 15, dated June 7, 2011, to the Amended and
Restated Participation Agreement among EQ Advisors
Trust, AXA Equitable, AXA Distributors and AXA Advisors
dated July 15, 2002 incorporated herein by reference to
and/or previously filed with Post-Effective Amendment
No. 84 to EQ Advisor's Trust Registration Statement
(File No. 333-17217) on Form N-1A filed on
August 17, 2011.
(xvi) Amendment No. 16, dated April 30, 2012, to the Amended
and Restated Participation Agreement among EQ Advisors
Trust, AXA Equitable and AXA Distributors dated
July 15,2002 incorporated herein by reference to
Post-Effective Amendment No. 96 to the EQ Advisor's
Trust Registration Statement (File No. 333-17217) on
Form N-1A filed on February 7, 2012.
(i)(a) Second Amended and Restated Participation Agreement
among the Trust, AXA Equitable, FMG LLC and AXA
Distributors dated May 23, 2012, incorporated herein by
reference to EQ Advisors Trust Registration Statement on
Form N-1A (File No. 333-17217) filed on July 22, 2013.
(a)(i) Amendment No. 1 dated as of June 4, 2013 to the Second
Amended and Restated Participation Agreement among the
Trust, AXA Equitable, FMG LLC and AXA Distributors dated
May 23, 2012, incorporated herein by reference to EQ
Advisors Trust Registration Statement on Form N-1A (File
No. 333-17217) filed on July 22, 2013.
(a)(ii)Amendment No. 2 dated as of October 21, 2013 to the
Second Amended and Restated Participation Agreement
among the Trust, AXA Equitable, FMG LLC and AXA
Distributors dated May 23, 2012, incorporated herein by
reference to EQ Advisors Trust Registration Statement on
Form N-1A (File No. 333-17217) filed on July 22, 2013.
(a)(iii)Amendment No. 3, dated as of April 4, 2014 ("Amendment
No. 3"), to the Second Amended and Restated
Participation Agreement, dated as of May 23, 2012, as
amended ("Agreement"), by and among EQ Advisors Trust
("Trust"), AXA Equitable Life Insurance Company, AXA
Equitable Funds Management Group, LLC and AXA
Distributors, LLC (collectively, the "Parties"),
incorporated herein by reference to EQ Advisors Trust
Registration Statement on Form N-1A (File No. 333-17217)
filed on April 30, 2014.
(a)(iv)Amendment No. 4, dated as of June 1, 2014 ("Amendment
No. 4"), to the Second Amended and Restated
Participation Agreement, dated as of May 23, 2012, as
amended ("Agreement"), by and among EQ Advisors Trust
("Trust"), AXA Equitable Life Insurance Company, AXA
Equitable Funds Management Group, LLC and AXA
Distributors, LLC (collectively, the "Parties"),
incorporated herein by reference to EQ Advisors Trust
Registration Statement on Form N-1A (File No. 333-17217)
filed on April 30, 2014.
(a)(v) Amendment No. 5, dated as of July 16, 2014 ("Amendment
No. 5"), to the Second Amended and Restated
Participation Agreement, dated as of May 23, 2012, as
amended ("Agreement"), by and among EQ Advisors Trust
("Trust"), AXA Equitable Life Insurance Company, AXA
Equitable Funds Management Group, LLC and AXA
Distributors, LLC (collectively, the "Parties") "),
incorporated herein by reference to EQ Advisors Trust
Registration Statement on Form N-1A (File No. 333-17217)
filed on February 5, 2015.
(a)(vi)Amendment No.6, dated as of April 30, 2015 ("Amendment
No. 6"), to the Second Amended and Restated
Participation Agreement, dated as of May 23, 2012, as
amended ("Agreement"), by and among EQ Advisors Trust
("Trust"), AXA Equitable Life Insurance Company, AXA
Equitable Funds Management Group, LLC and AXA
Distributors, LLC (collectively, the "Parties"),
incorporated herein by reference to EQ Advisors Trust
Registration Statement on Form N-1A (File No. 333-17217)
filed on April 17, 2015.
(a)(vii)Amendment No. 7 dated as of December 21, 2015
("Amendment No. 7"), to the Second Amended and Restated
Participation Agreement, dated as of May 23, 2012, as
amended ("Agreement"), by and among EQ Advisors Trust
("Trust"), AXA Equitable Life Insurance Company, AXA
Equitable Funds Management Group, LLC and AXA
Distributors, LLC (collectively, the "Parties")
incorporated herein by reference to EQ Advisors Trust
Registration Statement on Form 485(a) (File
No. 333-17217) filed on February 11, 2016.
(a)(viii)Amendment No. 8 dated as of December 9, 2016 ("Amendment
No. 8"), to the Second Amended and Restated
Participation Agreement, dated as of May 23, 2012, as
amended ("Agreement"), by and among EQ Advisors Trust
("Trust"), AXA Equitable Life Insurance Company, AXA
Equitable Funds Management Group, LLC and AXA
Distributors, LLC (collectively, the "Parties")
incorporated herein by reference to EQ Advisors Trust
Registration Statement on Form 485(a) (File
No. 333-17217) filed on January 31, 2017.
(2) Not applicable
(4) (a) Form of Flexible Premium Deferred Variable and Index Linked
Annuity Contract, 2017SCSBASE-I-PL-A, previously filed with
this registration statement (File No. 333-216083) on
February 15, 2017.
(b) Form of Flexible Premium Deferred Variable and Index Linked
Annuity Contract, 2017SCSBASE-I-PL-B, previously filed with
this registration statement (File No. 333-216083) on
February 15, 2017.
(c) Form of Data Pages, 2017SCS-DP-PL, previously filed with this
registration statement (File No. 333-216083) on February 15,
2017.
(d) Form of Endorsement Applicable to Traditional IRA,
2017IRA-SCS-I, previously filed with this registration
statement (File No. 333-216083) on February 15, 2017.
(e) Form of Endorsement Applicable to Non-Qualified Contracts,
2017NQ-SCS-I, previously filed with this registration statement
(File No. 333-216083) on February 15, 2017.
(f) Form of Endorsement Applicable to Roth IRA, 2017ROTH-SCS-I,
previously filed with this registration statement (File No.
333-216083) on February 15, 2017.
(g) Form of Endorsement Applicable to Qualified Defined
Contribution Plans, 2016QPDC-SCS-I, incorporated herein by
reference to Registration Statement No. 333-207256 on Form N-4
filed on December 23, 2015.
(h) Form of Endorsement Applicable to Qualified Defined Benefit
Plans, 2016QPDB-SCS-I, incorporated herein by reference to
Registration Statement File No. 333-207256 on Form N-4 filed on
December 23, 2015.
(i) Form of Data Pages, 2017SCS-DP-PL(8-17), filed with this
registration statement (File No. 333-216083) on August 25, 2017.
(j) Form of Endorsement Applicable to Traditional IRA
2017-IRA-SCS-I ROPDB, filed with this registration statement
(File No. 333-216083) on August 25, 2017.
(k) Form of Endorsement Applicable to Non-Qualified Contracts, 2017
NQ-SCS-ROPDB filed with this registration statement (File No.
333-216083) on August 25, 2017.
(l) Form of Endorsement Applicable to Roth IRA, 2017
ROTH-SCS-I-ROPDB filed with this registration statement (File
No. 333-216083) on August 25, 2017.
(m) Form of Rider, 2017SCS-ROPDB, filed with this registration
statement (File No. 333-216083) on August 25, 2017.
(5) Opinion of Shane Daly, Vice President and Associate General
Counsel, filed herewith.
(8) Not applicable.
(12) Not applicable.
(15) Not applicable.
(23) Consent of ____________, to be filed by amendment.
(24) Powers of Attorney, filed herewith.
(25) Not applicable.
(26) Not applicable.
II-5
ITEM 17. UNDERTAKINGS
(a) The undersigned registrant hereby undertakes:
(1) To file, during any period in which offers or
sales are being made, a post-effective amendment
to this registration statement:
(i) to include any prospectus required by
section 10(a)(3) of the Securities Act
of 1933;
(ii) to reflect in the prospectus any facts
or events arising after the effective
date of the registration statement (or
the most recent post-effective
amendment thereof) which, individually
or in the aggregate represent a
fundamental change in the information
set forth in the registration
statement. Notwithstanding the
foregoing, any increase or decrease in
volume of securities offered (if the
total dollar value of securities
offered would not exceed that which was
registered) and any deviation from the
low or high end of the estimated
maximum offering range may be reflected
in the form of prospectus filed with
the Commission pursuant to Rule 424(b)
if, in the aggregate, the changes in
volume and price represent no more than
20% change in the maximum aggregate
offering price set forth in the
"Calculation of Registration Fee" table
in the effective registration statement;
(iii)to include any material information
with respect to the plan of
distribution not previously disclosed
in the registration statement or any
material change to such information in
the registration statement;
provided, however, that paragraphs (a)(1)(i), (a)(1)(ii) and
(a)(1)(iii) do not apply if the information required to be
included in a post-effective amendment by those paragraphs is
contained in periodic reports filed with or furnished to the
Commission by the registrant pursuant to Section 13 or 15(d) of
the Securities Act of 1934 that are incorporated by reference
in the registration statement, or is contained in a form of
prospectus filed pursuant to Rule 424(b) that is part of this
Registration Statement.
(2) That, for the purpose of determining any
liability under the Securities Act of 1933,
each such post-effective amendment shall be
deemed to be a new registration statement
relating to the securities offered therein,
and the offering of such securities at that
time shall be deemed to be the initial bona
fide offering thereof.
(3) To remove from registration by means of a
post-effective amendment any of the
securities being registered which remain
unsold at the termination of the offering.
(4) That, for the purpose of determining
liability under the Securities Act of 1933 to
any purchaser, each prospectus filed
II-6
pursuant to Rule 424(b) as part of a
registration statement relating to an
offering, other than registration statements
relying on Rule 430B or other than
prospectuses filed in reliance on Rule 430A,
shall be deemed to be part of and included in
the registration statement as of the date it
is first used after effectiveness. Provided,
however, that no statement made in a
registration statement or prospectus that is
part of the registration statement or made in
a document incorporated or deemed
incorporated by reference into the
registration statement or prospectus that is
part of the registration statement will, as
to a purchaser with a time of contract of
sale prior to such first use, supersede or
modify any statement that was made in the
registration statement or prospectus that was
part of the registration statement or made in
any such document immediately prior to such
date of first use.
(5) That, for the purpose of determining
liability of the Registrant under the
Securities Act of 1933 to any purchaser in
the initial distribution of the securities:
The undersigned Registrant undertakes that in
a primary offering of securities of the
undersigned Registrant pursuant to this
registration statement, regardless of the
underwriting method used to sell the
securities to the purchaser, if the
securities are offered or sold to such
purchaser by means of any of the following
communications, the undersigned Registrant
will be a seller to the purchaser and will be
considered to offer or sell such securities
to such purchaser: (i) Any preliminary
prospectus or prospectus of the undersigned
Registrant relating to the offering required
to be filed pursuant to Rule 424; (ii) Any
free writing prospectus relating to the
offering prepared by or on behalf of the
undersigned Registrant or used or referred to
by the undersigned Registrant; (iii) The
portion of any other free writing prospectus
relating to the offering containing material
information about the undersigned Registrant
or its securities provided by or on behalf of
the undersigned Registrant; and (iv) Any
other communication that is an offer in the
offering made by the undersigned Registrant
to the purchaser.
(b) The undersigned registrant hereby undertakes that, for
purposes of determining any liability under the Securities Act
of 1933, each filing of the registrant's annual report pursuant
to Section 13(a) or Section 15(d) of the Securities Exchange
Act of 1934 that is incorporated by reference in the
registration statement shall be deemed to be a new registration
statement relating to the securities offered therein, and the
offering of such securities at that time shall be deemed to be
the initial bona fide offering thereof.
II-7
(c) Insofar as indemnification for liabilities arising under
the Securities Act of 1933 may be permitted to directors,
officers and controlling persons of the registrant pursuant to
the foregoing provisions, or otherwise, the registrant 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 such liabilities
(other than the payment by the registrant of expenses incurred
or paid by a director, officer or controlling person of the
registrant 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 registrant 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.
II-8
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the
Registrant certifies that it has reasonable grounds to believe that it meets
all of the requirements for filing on Form S-3 and has duly caused this
Amendment to the Registration Statement to be signed on its behalf by the
undersigned, thereunto duly authorized, in the City and State of New York, on
this 25th day of August, 2017.
AXA EQUITABLE LIFE INSURANCE COMPANY
(Depositor)
By: /s/ Shane Daly
----------------------------------------
Shane Daly
Vice President and Associate General
Counsel
AXA Equitable Life Insurance Company
As required by the Securities Act of 1933, this amendment to the
Registration Statement has been signed by the following persons in the
capacities and on the date indicated:
PRINCIPAL EXECUTIVE OFFICER:
*Mark Pearson Chairman of the Board, Chief Executive Officer,
Director and President
PRINCIPAL FINANCIAL OFFICER:
*Anders B. Malmstrom Senior Executive Director
and Chief Financial Officer
PRINCIPAL ACCOUNTING OFFICER:
*Andrea M. Nitzan Executive Director, Chief Accounting Officer
and Controller
*DIRECTORS:
Thomas Buberl Mark Pearson
Barbara Fallon-Walsh Bertram L. Scott
Daniel G. Kaye George Stansfield
Kristi A. Matus Richard C. Vaughan
Ramon de Oliveira
*By: /s/ Shane Daly
--------------------------
Shane Daly
Attorney-in-Fact
August 25, 2017
EXHIBIT INDEX
EXHIBIT NO. TAG VALUE
4(i) Form of Data Pages, 2017SCS-DP-PL(8-17)
4(j) Form of Endorsement Applicable to Traditional IRA
2017-IRA-SCS-I ROPDB
4(k) Form of Endorsement Applicable to Non-Qualified
Contracts, 2017 NQ-SCS-ROPDB
4(l) Form of Endorsement Applicable to Roth IRA, 2017
ROTH-SCS-I-ROPDB
4(m) Form of Rider, 2017SCS-ROPDB
(5) Opinion and Consent of Shane Daly EX-99.5
(24) Powers of Attorney EX-99.24
