EXHIBIT 99.A.11
MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY &
C.M. LIFE INSURANCE COMPANY
PURCHASE, REDEMPTION AND TRANSFER PROCEDURES AND METHOD
OF COMPUTING ADJUSTMENTS ON PAYMENTS AND ACCOUNT VALUE FOR VUL.
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This document sets forth, as required by Rule 6e-3 (T) (b) (12) (ii) adopted
pursuant to the Investment Company Act of 1940, as amended, the administrative
procedures that will be followed by Massachusetts Mutual Life Insurance Company
("MassMutual") and C.M. Life Insurance Company ("CML") (collectively and
individually MassMutual and CML are referred to as the "Company") in connection
with the issuance of the Variable Universal Life Policy described in this
Registration Statement ("VUL" or the "Policy"), the transfer of assets held
thereunder, and the redemption by Policyowners of their interests in the Policy.
Set forth below is a summary of the principal Policy provisions and
administrative procedures which might be deemed to constitute, either directly
or indirectly, purchase, transfer or redemption transactions. The summary shows
that, because of the insurance nature of the Policy, the procedures involved
necessarily differ in certain significant respects from the purchase procedures
for mutual funds and other contractual plans.
A. AVAILABILITY AND UNDERWRITING--Upon receipt of a completed application, the
Company will follow certain insurance underwriting (i.e., evaluation of risks)
procedures designed to determine whether the applicant is insurable. This
process may involve verification procedures, such as medical examinations, and
may require that further information be provided by the proposed insured before
an underwriting determination can be made. The rating classifications assigned
will impact the mortality and risk charges assessed against a Policy. The
minimum Face Amount is $50,000.
B. DEATH BENEFIT--VUL insures a single life and pays a death benefit upon the
death of the insured. As long as the Policy remains in force, the Company will
pay a Death Benefit to the named Beneficiary(ies) in accordance with the
designated settlement option, generally within seven days after the Company
receives due proof of death of the insured and verifies the validity of the
claim. Payment of Death Benefits may, however, be postponed under certain
circumstances. Additionally, during the first two Policy Years, during the
first two years after an increase in Selected Face Amount, and in any other
circumstances in which the Company may have a basis for contesting the claim,
there can be a delay beyond the seven day period. All or part of the Death
Benefit can be paid in cash or under one or more of the payment options set
forth in the Policy.
We will investigate most death claims arising within the two-year contestable
period. Upon receiving the information from a completed investigation, we will
generally make a determination within five days as to whether the claim should
be paid. Payments will be made promptly thereafter. The amount of the death
benefit is determined as of the date of the insured's death. The Company pays
interest from the date of the insured's death at the Option D rate or, if
greater, at a state mandated rate.
VUL provides a choice of three death benefit options:
1. Under Death Benefit Option 1 ("DBO 1") the death benefit is the greater
of: (a) The Face Amount ("FA") in effect on the date of the insured's
death; and (b) The Minimum Death Benefit in effect on the date of the
insured's death.
2. Under Death Benefit 2 ("DBO 2"), the death benefit is the greater of: (a)
The FA in effect on the date of the insured's death plus the account
value on that date; and (b) The Minimum Death Benefit in effect on the
date of the insured's death.
3. Under Death Benefit Option 3 ("DBO 3"), the death benefit is the greater
of: (a) The FA in effect on the date of the insured's death plus the sum
of all premiums paid (and not refunded) to that date; and (b) The Minimum
Death Benefit in effect on the date of the insured's death.
THE MINIMUM DEATH BENEFIT--is equal to the account value multiplied by the Death
Benefit Factor for the insured's attained age. The Death Benefit Factor depends
on the IRC 7702 test chosen at issue by the Owner (Cash Value or Guideline
Premium test).
ADJUSTED DEATH BENEFIT--The Death Benefit, as determined earlier, is adjusted as
follows: (a) We deduct any policy debt outstanding on the date of the insured's
death (including any accrued loan interest); (b) We deduct any unpaid premium
amount needed to avoid termination during the policy grace period to the date of
the insured's death.
OVER AGE 99 OF THE INSURED--The policy provides coverage for as long as it
remains in force. The policy does not provide for an endowment in any year
except where a state requires a maturity date. While the policy is in force, we
will maintain all policy features (i.e. we will accept premium payments, take
monthly deductions, honor all policy provisions, etc.). All rates applicable at
attained age 99 will apply for attained ages 99+.
INTEREST ON DEATH BENEFIT--We will add interest from the date of the insured's
death to the date of payment. The amount of interest will be computed using an
effective annual rate not less than 3% or, if greater, the annual rate required
by law. We currently use 3%.
CHANGES IN DBO--After the first policy year, the Owner may change the death
benefit option of his/her policy, upon written request, while the insured is
living and the insured is younger than attained age 85. A DBO change will be
effective on the Monthly Charge Date ("MCD") which is on, or precedes, the date
we approve the change, unless a later date is requested. A change in the DBO
may follow one or more increases in the FA of the policy. In this case, the
change will increase (decrease) the most recent increase(s) if the FA increases
(decreases). No change in DBO will be allowed if the FA after the change would
be less than $50,000. If the DBO is changed, we will send the Owner any revised
or additional Policy Specifications for attachment to the policy.
C. INCREASES IN FACE AMOUNTS ("FA")
1. While the insured is living, the FA may be increased by written request.
Any increases in FA is subject to the following conditions: (a) Submission of
a written application for increase; (b) Satisfactory evidence of insurability
must be provided for the insured; (c) No increase may be made after the Policy
Anniversary Date nearest the insured's 85th birthday; (d) The minimum amount
of any increase is $15,000.
2. A FA increase is effective on the MCD that is on, or precedes, the date we
approve the application. A FA increase is accomplished by issuing an
additional insurance coverage segment. Each such segment has distinct issue
ages, risk classes, target premiums, monthly charges, premium expense charges,
surrender charges and commissions. The insuring ages for the increase segment
are determined as of the policy anniversary on or just preceding the MCD on
which the increase becomes effective. It is possible for risk classes of
prior segments to change in order to match the risk class of the new segment.
This will happen only if the underwriter indicates that it should. The
general rule is that if the new segment has a risk class worse than prior
segments, then the prior segments will not change. Conversely, if the new
segment has a risk class better than prior segments, then the prior segments
will change. The monthly charges that apply to each elected FA increase are
the FA charge and the insurance charge. The administrative charge applies
once to the policy as a whole. The premium expense charge also applies to
each elected FA increase. The charges associated with the increase will be
deducted from the account value beginning on the effective date of the
increase.
3. Premium payments received once an increase becomes effective will be
allocated to each segment of the FA. The premium allocation will be made on a
pro rata basis using the expense premium for each segment. If the net
surrender value is insufficient to continue the changed policy in force for
three months at the new monthly charges, we may require a payment sufficient
to increase the net surrender value to such amount. The contestable and
suicide periods begin again on the date of the FA increase for the increase in
FA. If the FA is changed, we will send the Owner any revised or additional
Policy Specifications for attachment to the policy.
D. DECREASES IN FA
1. After the first policy year, the FA may be decreased by the Owner's
written request while the insured is living. No decrease is permitted within
one year following the effective date of any increase. Any decrease will be
effective on the MCD that is on, or precedes, the date we receive the
written request. The FA remaining after any decrease (both elected and non-
elected) must be at least $50,000.
2. Elected decreases in FA (i.e., decreases resulting from other than a
withdrawal or a change in the DBO) are taken on a last-in-first-out basis.
In other words, the decrease is taken from the most recent increase. For a
discussion of surrender charges as to elected decreases in FA, see H(3)
herein. Any canceled segments remain active in the administrative system
with a zero FA.
3. Non-elected decreases in FA (i.e., decreases resulting from a withdrawal
or a change in the DBO) are accompanied by canceling previously issued
segments on a last-in-first-out basis. No surrender charge is assessed when
the FA is reduced as the result of a non-elected decrease. If the FA is
changed, we will send the Owner any revised or additional Policy
Specifications for attachment to the policy.
E. DEATH BY SUICIDE--If the insured commits suicide within 2 years after the
issue date of the policy and while the policy is in force, the policy will
terminate. In this case, we will refund the amount of premiums paid for the
policy, less any amounts withdrawn and less any policy debt. If the insured
commits suicide within 2 years after the policy is reinstated and while the
policy is in force, the policy will terminate. In this case, we will refund any
amount paid to reinstate the policy and any premiums paid thereafter, less any
amounts withdrawn and less any policy debt. If the insured commits suicide
within 2 years after the effective date of any increase in the FA, the increase
will terminate. In this case, we will refund the monthly charges made for that
increase. However, if a refund as described in either of the two preceding
paragraphs is payable, there will be no additional refund for the increase.
F. CONTESTABILITY--The Company cannot contest the Policy with respect to any
material misrepresentation in the application regarding the insurability of the
insured , once the policy has been in force during the lifetime of the insured
for 2 years after its issue date; or with respect to any material
misrepresentation in the application regarding the insurability of the insured
once the policy has been in force during the lifetime of the insured for 2 years
after its issue date. For any policy change requiring evidence of insurability,
we cannot contest the validity of the change with respect to the insured after
the change has been in effect for 2 years during the lifetime of that insured.
If evidence of insurability is required to reinstate the policy, our right to
contest the validity of the policy begins again on the date of reinstatement.
For the insured living on that date, we cannot contest once the reinstated
policy has been in force during the lifetime of the insured for 2 years after
that reinstatement date. If the date of birth or gender of the insured as given
in the application is not correct, the FA will be adjusted. The administrative
system will initially handle misstatements as follows. If the misstatement is
discovered after the insured's death, the adjustment will reflect the amount
provided by the most recent monthly insurance charges using the correct age and
gender. If the misstatement is found before the insured's death, the policy
will be reissued to reflect the correct age and gender. This reissue leads to
gains and losses if any units of a SA need to be sold. The Company reserves the
right to not reissue the policy.
G. PREMIUM PAYMENTS
1. GENERAL--Premium payments are flexible as to both timing and amount. Any
amount of premium may be paid at any time while the insured is living,
subject to the minimums and maximums stated below. If the premium payment
effective date is prior to the issue date of the policy, then the premium
payment is considered "cash with app" and it is placed in a general account
fixed fund. Interest is credited as of the date the premium payment is
received at the Administrative Office designated by the Company. Deductions
will come out of this fund if a MCD occurs before the premium is moved out
of the fund. Money remains in this fund until one day after the Register
Date.
The amount refunded under the policy's "free-look" provision will vary by
contract state. The refund will generally be: (a) any premium (either gross
or net) paid for the policy, plus (b) interest credited to the policy under
the GPA, plus or minus (c) an amount that reflects the investment experience
of the investment divisions of the SA under the policy to the date the policy
is received by us. Each premium payment, less a premium expense charge, is
added to the account value and allocated to the investment funds as elected in
the application. The allocation of premiums must be specified as whole
percentages. After the policy is issued and during the free look period in a
state that requires the return of gross premiums paid, the premium will be
placed in a money market account for the number of free look days plus an
additional six days, then transferred to the GPA and divisions of the SA as
elected in the application. Deductions are taken from the money market
account if a MCD occurs before the money is moved out of the fund.
2. INITIAL PREMIUMS--Except as noted above, initial net premiums are allocated
to the GPA and the Divisions as of the Register Date plus one, provided such
funds and application are in good order and are received on a given business
day by the time the New York Stock Exchange closes, normally 4:00 PM EST. If
receipt is after such time, the allocation will occur on the next business day
following the Register Date. "Good order" requires that Part 1 of the
Application is completed, a suitability review and approval has occurred, all
licensing issues are resolved, all owner and insured information is furnished,
and all signatures are obtained. Subsequent premium payments received in good
order on a given business day by the time the New York Stock Exchange closes,
normally 4:00 PM EST, will be processed on a "same day" basis. If receipt,
however, is after such time, the subsequent premium payment will be credited
on the next business day. Allocation instructions can be changed
prospectively, but allocations must be in whole percentage points.
3. PLANNED PREMIUMS--The planned premium is the premium the Owner plans to
pay. It is chosen by the Owner at issue. The frequency of planned premiums
for the policy is as elected in the application. The frequency and amount of
the planned premium may be changed by written request. The Owner does not
have to pay the planned premium. Timely payment of the planned premium does
not guarantee that the policy will stay in force until the insured has died.
4. MAXIMUM PREMIUM PAYMENTS IN ANY POLICY YEAR--For the Cash Value Test, the
maximum premium which may be paid during any policy year is the greatest of:
(1) The largest premium which will not increase the insurance risk; (2) $100
plus 2 times the annual target premium; and (3). The amount of premiums paid
in the preceding policy year. For the Guideline Premium Test, the maximum
premium which may be paid during any policy year is the lesser of the maximum
premium calculated for the Cash Value Test and the guideline premium
limitation for the Guideline Premium Test.
5. MINIMUM PREMIUM PAYMENTS IN ANY POLICY YEAR--The initial premium paid must
be at least $20 or, if greater, the amount needed to prevent termination
before the next billing date. Each premium paid must be at least $20 or, if
greater, the amount needed to prevent termination. Refer to section on Lapse
Logic for termination rules.
6. SECONDARY GUARANTEE PREMIUMS--The policy offers a safety test in the form
of two no-lapse guarantees. Each has a corresponding Guarantee Period and
Guarantee Premium. The two Guarantee Periods are: (1) The earlier of 20
years or to age 90 of the insured, and (2) To age 100 of the insured. The
First Guaranteed Premium will be table driven, utilizing a joint equal age.
The Second Guaranteed Premium will be equal to the Guideline Level Premium.
The Guaranteed Premiums will vary by issue age, gender, underwriting class and
death benefit option.
7. BILLING--The billed premium is equal to the planned premium. Premium
notices will be sent for the planned premium based on the amount and frequency
in effect. The frequency or amount of the planned premium may be changed by
written request. We will stop sending notices for the planned premium upon
receipt of the Owner's written request to do so. Available premium
frequencies and billing types are: (1) Regular - Annual, Semiannual, and
Quarterly; (2) Triple M - Monthly Check Service; and (3) Pension, Plan C and
Invoice -
Annual, Semiannual, Quarterly and Monthly. If payment of the planned premium
exceeds the maximum premium limit, the planned premium (and, hence, the
billed premium) for the policy will be changed to the maximum premium.
Government Allotment and Federal Employee payment plans are not available.
Money-purchase is also not available. There is no frequency loading, i.e.,
the modal planned premium is the annual amount divided by the frequency
factor (i.e., 2 for semiannual, 4 for quarterly, or 12 for monthly).
8. TARGET PREMIUMS--Each policy has an annual target premium. At any time, a
policy's target is equal to the sum of the target for each insurance
coverage segment in force on that date. For each segment, the target is the
segment's FA (in thousands) multiplied by the unit target at the issue age
for that segment. The target premium will be table driven, utilizing a joint
equal age. The target premium will vary by issue age, gender, underwriting
class and death benefit option. Unisex targets equal the male targets.
H. CHARGES
1. MONTHLY CHARGES--The policy is assessed monthly charges based on current
rates. These may be changed periodically to reflect expectations for future
mortality, investment, persistency and expense results; however, the current
rates may not exceed the maximum guaranteed rates. Monthly charges will be
deducted from the account value on each MCD. Monthly charges will be taken
from the divisions of the SA and from the GPA in proportion to the values of
the policy in each of those divisions and in the GPA (excluding any
outstanding loans). Deductions will be made and values will be determined on
the Valuation Date that is on, or next follows, the latest of: (i) The
Register Date; (ii) The date the charges are due; and (iii) The date we
receive the amount of premium needed to prevent termination. VUL has four
types of monthly charges:
a. Administrative Charge--An Administrative Charge of $6 per policy will
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be deducted monthly from the account value on each MCD in all policy
years. The Maximum Monthly Administrative Charge is $12 per policy.
b. Face Amount Charge - The Face Amount Charge is the FA multiplied by a
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rate per $1,000. The charge resulting from the year 1-5 rate of $0.09-
$0.17 per $1,000 will be deducted monthly from the account value on each
MCD during the first through fifth policy years. The charge resulting
from the year 6+ rate of $0.00 per $1,000 will be deducted monthly from
the account value on each MCD after the sixth policy year. The Maximum
Monthly Face Amount Charge will be the same as the current monthly Face
Amount Charge. If the FA has been increased, the Face Amount Charge for
each month will be the sum of the charges determined separately for each
segment of the FA.
c. Insurance Charge--The Insurance Charge is the monthly insurance
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charge rate per $1,000 of insurance risk multiplied by the insurance risk.
There is a separate monthly insurance charge rate per $1,000 of insurance
risk for each FA segment. The insurance risk is computed as of the date
the charge is due. If the insurance risk is increased due to the minimum
death benefit, the table that applies to the most recent increase
requiring evidence of insurability will be used for such increase.
d. Rider Charge - The monthly rider charge is the sum of the monthly
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charges for any riders in effect on the MCD.
2. PREMIUM EXPENSE CHARGE--The policy is assessed a premium expense charge
based on current rates. These may be changed periodically to reflect
expectations for future mortality, investment, persistency and expense
results; however, the current rates may not exceed the maximum guaranteed
rates. The expense premium will be table driven. The expense premium will
vary by issue age, gender and underwriting class.
The current and maximum premium expense charges are as follows:
Current Maximum
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Up to expense premium 5% 7.5%
Above expense premium 3% 5%
3. SURRENDER CHARGES--A surrender charge is imposed if the policy is
surrendered at any time before the 15th policy year. The first year
surrender charge will equal 140% of the standard annual target premium not
to exceed a flat dollar amount (varying by age and class and somewhat lower
than 50 per thousand). The surrender charge will grade down by 10% of the
first year surrender charge per year over 14 years.
There will be a surrender charge calculated for each FA segment. Each FA
segment will have its own fourteen year surrender charge, the first year of
which is based on the standard annual target premium for the attained age at
the time the additional FA segment is added.
Elected decreases in FA (i.e. decreases resulting from other than a
withdrawal or a change in the DBO) result in canceling previously issued
segments. This is last-in-first-out processing. Under such a decrease, a
partial surrender charge is assessed and deducted from the account value. It
is equal to the surrender charge as of the date of the decrease for that
portion of any segment which is canceled under the decrease. Whenever a
partial surrender charge is assessed, the ongoing surrender charges for each
segment which is canceled (in full or in part) are reduced in proportion to
the amount of the reduction in FA for that segment. No surrender charge is
assessed when the FA is reduced as the result of a withdrawal or a change in
the DBO. If the partial surrender charge for a decrease is greater than the
account value of the policy, then the partial surrender charge for that
decrease is equal to the account value on the date of the surrender. The
surrender charge after the decrease equals the surrender charge prior to the
decrease, less the partial surrender charge taken. If the full surrender
charge cannot be taken from one segment, it will be taken from prior
segments. Any segment that "goes away" as a result of a FA decrease remains
active with zero units and the surrender charge remains active on that
segment. The surrender charge on such a segment will only be recovered in
the event of a full surrender.
I. SEPARATE ACCOUNTS (SA) DIVISIONS--The cumulative limit on the number of
distinct SA divisions to which net premiums are allocated and transfers are made
is currently 16, with plans to increase this number in coming years. Accounting
for the allocation of the account value within the divisions of the SA is done
by holding units within each, much the same as under our variable annuities.
All charges and credits to that part of the account value which is allocated to
a division of the SA are made by selling or purchasing units in that division at
the current unit value.
J. POLICY VALUES/INVESTMENT FUNDS--
1. ACCOUNT VALUE--The account value is the sum of all premium payments
adjusted by periodic charges and credits and partial withdrawals. The policy
value is equal to the account value less any surrender charge. The policy's
net surrender value is equal to the policy value less any policy debt. The
policy's account value will be allocated among the various investment funds
available. Investment performance from each of the divisions of the SA is
reflected through the value of the units held in each division. Each unit
within a division has the same value. Unit values will be the same
regardless of which company issues the policy (CM Life or MassMutual). Unit
values are determined on each valuation date based on the investment
performance of the underlying funds, such as MML Series Investment Fund or
the Oppenheimer Variable Account Funds. Valuation Date is any date on which
the New York Stock Exchange is open for trading. The unit values will
reflect a mortality and expense risk charge (M&E). On an annual basis, the
"current" M&E is 0.55% for all policy years. It is guaranteed not to exceed
0.90%. The amount of any account value allocated to any division of the SA
is not guaranteed. This means the amount of this portion of the account
value may increase or decrease by any amount depending upon the investment
performance of the underlying investment fund.
2. ACCOUNT VALUATION--A policy's account value is equal to: (a) the sum of
all premiums paid less the premium expense charge; (b) less the monthly
charges, which consist of an administrative charge, a face amount charge, an
insurance charge and a rider charge; (c) less any withdrawals (including any
withdrawal fees); (d) less surrender charges assessed under an elected
decrease in FA; (e) plus any interest earned on the account value held in
the GPA; (f) plus or minus investment experience on the account value held
in the divisions of the SA. The items in the list above are not in
processing order. They appear here so one can see what additions and
deductions apply to the account value. The account value is allocated
between the GPA and each division of the
SA and the value within each fund is maintained separately. The account
value for the policy is the sum of its account value held in the GPA (fixed
account value) and its account value held in each division of the SA
(variable account value).
3. GPA VALUE--The fixed account value is accounted for in dollars and
cents. Its value at any time is the sum of all charges and credits plus
earned interest. The decrease in the GPA resulting from a withdrawal is
equal to the dollar amount withdrawn from the GPA as specified in the
withdrawal request.
4. THE VARIABLE ACCOUNT VALUE--Each division of the SA is accounted for
through holding units within each division. Charges and credits are
accomplished by increasing (purchasing) or decreasing (selling) the number
of units of each division held under the policy. Investment experience on
the variable account value is reflected through the change in the value of
each unit. Therefore, the policy's variable account value in any division is
the total number of units for that division held under the policy multiplied
by the value of each unit on the date of the valuation.
K. GUARANTEED PRINCIPAL ACCOUNT (GPA)--Amounts allocated to this fund will be
invested within the Company's General Account. For MassMutual policies, these
funds will be part of the non-traditional segment of the MassMutual General
Account. For CM Life policies, these funds will be part of CM Life's General
Account. Amounts allocated to the GPA will be accounted for in dollars and
cents. Interest is earned and credited on a daily basis on the portion of the
account value which is allocated to the GPA, including any loaned values. The
portion of the account value equal to the loan balance earns interest at the
policy loan rate less a company declared charge for expenses and taxes
(currently 0.9% in the first 15 policy years and 0.5% thereafter, and guaranteed
not to exceed 2%), or, if greater, 3% per annum. The account value allocated to
the GPA in excess of any loan balance earns interest at a company declared rate.
This rate is guaranteed to be not less than 3% per annum. The declared rate will
be the portfolio earnings rate of the GPA less a spread. The declared rate will
reflect our expectations for future investment results, profits and expenses.
The rate will be declared monthly in advance. Once declared for a calendar
month, it cannot be changed.
L. CHANGES IN CURRENT RATES--Current rates are expected to be revised
periodically at the discretion of the company as follows:
1. REVISED CHARGES--Insurance Charge Rates, monthly Policy Loan Expense
Charge (PLEC), Premium Expense Charge (PEC), Face Amount Charge (FAC), and
Monthly Administrative Charge (MAC) are (1) Revised annually; (2) Approved
and announced on or about November 1, and (3) Effective from the MCD on or
next following January 1 for all new issues and all in force policies.
2. ADJUSTABLE POLICY LOAN RATES--The same as ALR rate for Whole Life.
3. INTEREST--is (1) Revised monthly; (2) Approved and announced 1 to 2
weeks prior to the beginning of each calendar month; and, (3) Effective from
the first day of a month through the last day of that month or until the
date of an earlier special revision.
4. SA UNIT VALUES--Are valued on each valuation date for each division.
Changes described above will affect only "current" rates, not guaranteed rates.
We reserve the right to change any non-guaranteed rate more frequently than
indicated above, but such changes are not anticipated.
M. TRANSFERS--The transfer of account value between or among investment funds
is allowed without charge subject to the following restrictions: (1) Transfer
requests must be in writing, and (2) Only one transfer will be permitted from
the GPA in each policy year. Each such transfer may not exceed 25% of the
account value, less any policy debt, in the GPA at the time of transfer. There
is an extra contractual exception to this rule. We will allow a 100% transfer
from the GPA following three consecutive years of 25% transfers from the GPA,
provided no value has been
transferred into the GPA and no premiums have been allocated to the GPA during
this period. The following types of transfers can be made: (1) Transfers of
values between the divisions of the SA. These transfers will be made by selling
all or part of the accumulation units in a division and applying the value of
the sold units to purchase units in any other division; (2) Transfers of values
from one or more divisions of the SA to the GPA. These transfers will be made by
selling all or part of the accumulation units in a division and applying the
value of the sold units to the GPA; (3) Transfers of values from the GPA to one
or more divisions of the SA. These transfers will be made by applying all or
part of the value in the GPA (excluding any outstanding policy loans) to
purchase accumulation units in one or more divisions of the SA. There is
currently no limit to the number of transfers in a policy year other than from
the GPA; however, we will reserve the right to limit transfers to not more than
one every 90 days, with one exception. There are no restrictions on a transfer
of all funds in the SA to the GPA. There is no minimum transfer amount nor
minimum value which must be maintained within an investment fund except as noted
earlier. Transfers must be in whole-number percentages or in dollar-and-cent
amounts. Transfers will be made as of the Valuation Date, provided the request
is received in good order. All transfers made on the Valuation Date will be
considered one transfer. Transfer requests received in good order for transfers
between divisions generally will be done on a "same day" basis.
N. WITHDRAWALS & SURRENDERS--After the first policy year, partial withdrawals
may be made by written request at any time the policy is in force and the
insured is living. The request for a withdrawal must state the account(s) from
which the withdrawal will be made. From any withdrawal from the SA, the request
must also state the division(s) from which the withdrawal will be made. A
withdrawal will be effective on the date we receive the written request in good
order. On the effective date of the withdrawal, the non-loaned account value is
reduced by the amount of the withdrawal. The withdrawal amount includes the
withdrawal fee. The maximum withdrawal fee is $25. There is no plan at this
time to charge less than the maximum. The withdrawal from the GPA will be made
by reducing the non-loaned account value in that account to provide the amount
of the withdrawal. A withdrawal from a division of the SA will be made by
selling a sufficient number of accumulation units to provide the amount of the
withdrawal. There is no surrender charge levied when a partial withdrawal is
taken. Full surrenders will generally be processed within seven days of receipt
of the written request in good order, and partial withdrawals within seven days
of receipt in good order of the written request./1/
The FA will be decreased by the amount of the withdrawal if: (a) DBO 1 or DBO 3
is in effect. FA decreases of this type are considered as "non-elected" and do
not cancel or reduce previously issued coverage segments for purposes of ongoing
targets or surrender charges, and (b) We have not received evidence of
insurability satisfactory to us. Under DBO 2, there is no reduction in the FA.
If a decrease follows one or more FA increases, the decrease is taken from the
most recent increase(s). The last-in-first-out rule applies. Withdrawals will
be subject to the following limits: (1) The minimum amount of a withdrawal
(including the withdrawal fee) is $100; (2) The maximum amount of a withdrawal
on any date is 75% of the net surrender value on that date; (3) The FA after a
withdrawal must not be less than $500,000; and (4) The withdrawal from each fund
cannot exceed the non-loaned account value allocated to that fund as of the date
of the withdrawal. If the FA is reduced due to a withdrawal, we will send the
Owner any revised or additional Policy Specifications for attachment to the
policy.
O. POLICY LOANS--After the first policy year, while the insured is living,
loans can be made at any time. The maximum amount which can be borrowed on any
date is: (1) 90% of the policy value (i.e., account value less surrender
charge), less (2) any outstanding policy debt (including accrued policy loan
interest). Loan repayments will be credited on the date we receive them.
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/1/ Payment from the Separate Account may be postponed whenever: (i) the New
York Stock Exchange is closed for other than for customary week-end and holiday
closings, or trading on the New York Stock Exchange is restricted as determined
by the SEC; (ii) the SEC by order permits postponement for the protection of
Policyowners; or (iii) an emergency exists, as determined by the SEC, as a
result of which disposal of securities is not reasonably practicable or it is
not reasonably practicable to determine the value of the Separate Account's net
assets. Payments from the portion of the Account Value held in the GPA may be
postponed for up to six months. Payments under the Policy of any amount paid to
the Company by check may be postponed until such time as the check has cleared
the Policyowner's bank.
1. All or part of any policy debt may be repaid at any time while the policy
is in force and the insured is living. Loan repayments will be credited on
the date we receive them. In the event that there are several loans against
a policy, the oldest loan is repaid first. A loan is attributed to each
division of the SA and to the GPA in proportion to the values of the policy
in each of those divisions and in the GPA (excluding any outstanding policy
loans) at the time of the loan. Any loan repayment received by us within 30
days of the policy anniversary date will be used first to pay off any loan
interest due and then applied to principal. Any loan repayment received by
us on a date other than within 30 days of the policy anniversary date will
be allocated first to the GPA until the Owner has repaid any loan amounts,
excluding loan interest (both outstanding and previously capitalized), that
originated from the GPA. In other words, only the original principal
borrowed from the GPA will be paid back to the GPA first. Any additional
loan repayments, including loan interest, will be allocated to the GPA and
the divisions of the SA according to the premium allocation factors then in
effect.
2. Loan repayments must be clearly identified as such; otherwise, they will
be considered premium payments. The amount equal to any outstanding policy
loans will be held in the GPA and will earn interest as described herein.
The above amounts are determined as of the effective date of the new loan.
Policy loan interest is charged in arrears at a rate determined by the
policy loan rate provision, which may be either (1) the variable policy loan
rate, or (2) the 5% fixed loan rate. The choice of loan rate provision will
be elective at the time of application, except in those states requiring the
fixed rate provision. Once elected, this choice cannot be changed. The
variable loan rate is an annual rate set by the company. This rate may
change from year to year. Each year we will set the rate that will apply for
the next policy year. The rate will apply to all policy debt under the
policy. Each year there is a maximum limit on the variable loan interest
rate we can set. That limit is based on a published monthly average. That
average will be the Monthly Average Corporate yield shown in Moody's
Corporate Bond Yield Averages, as published by Moody's Investors Service,
Inc. The maximum limit is the published Monthly Average for the calendar
month ending 2 months before the month in which the policy year begins or,
if higher, the minimum annual interest rate for the GPA plus 1%.
3. If the maximum limit for a policy year is at least 1/2% higher than the
loan interest rate in effect for the previous year, we may increase the rate
to a rate not higher than that limit. If the maximum limit for a policy year
is at least 1/2% lower than the loan interest rate in effect for the
previous year, we must decrease the rate to a rate not exceeding that limit.
Any policy loan, either elected or for capitalizing loan interest,
automatically will result in a transfer of part of the account value from
the divisions of the SA to the GPA. The amount transferred from each
division of the SA will be in proportion to the non-loaned value in each of
the funds as of the effective date of the loan. Any such transfer is made by
selling accumulation units in the division of the SA and applying the value
of those units to the GPA on the date the loan is made. Any interest added
to the loan will be treated as a new loan. However, no part of this new loan
will be treated as a loan from the GPA when it comes time to repaying the
loans taken against the GPA before loans taken against the SA. VUL does not
provide automatic premium loans.
P. RIDERS--The following riders will be available: Waiver of Monthly Charges;
Disability Benefit; Cost of Living Adjustment; Guaranteed Insurability;
Substitute of Insured; Other Insured; and Living Benefits Rider.
Q. LAPSE LOGIC--Policy debt (which includes accrued interest) may not equal or
exceed the policy value. If this limit is reached, the policy will terminate
after the following happens: (1) We mail written notice to the Owner. This
notice will state the amount needed to bring the policy debt back within the
limit; (2) If we do not receive payment within 31 days after the date we mail
the notice, the account value will be reduced by any surrender charges that
apply and this policy will terminate without value at the end of those 31 days.
During the first 10 policy years, if the account value less any outstanding debt
is not enough to cover the monthly charges due on a MCD and the safety test is
not met on that date, the policy may terminate without value. After the first
10 policy years, if the net surrender value is not enough to cover the monthly
charges due on a MCD and the safety test is not met on that date, the policy may
terminate without value. However, we allow a grace period for payment of the
amount of premium (not less than $20) needed to avoid termination. During the
first 10 policy years, if the account value cannot cover the monthly charges due
on a MCD but the safety test is met on that date, then the monthly charges for
that date will be
reduced to an amount equal to the account value less any policy debt. After the
first 10 policy years, if the net surrender value cannot cover the monthly
charges due on a MCD but the safety test is met on that date, the monthly
charges for that date will be reduced to an amount equal to the account value
less any policy debt.
Safety Test: The safety test can be met only during the First and Second
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Guarantee Periods. Each Guarantee Period is paired with a Guarantee Premium.
The First Guarantee Period is the earlier of 20 years or to age 90 of the
insured. The Second Guarantee Period is to age 100 of the insured. The
Guarantee Periods may be different in Texas, New York, New Jersey and
Massachusetts. These states may only have one Guarantee Period and the
Guarantee Period(s) may be of different length. For any day during the First
Guarantee Period, the safety test is met if the result of premiums paid less
amounts withdrawn, accumulated with interest to that day, equals or exceeds the
result of payments of the First Guarantee Premium accumulated with interest from
the policy date to that day. For any day after the First Guarantee Period but
during the Second Guarantee Period, the safety test is met if the result of
premiums paid less amounts withdrawn, accumulated with interest to that day,
equals or exceeds the result of payments of the Second Guarantee Premium
accumulated with interest from the policy date to that day. In the safety test,
interest is accumulated at an effective annual rate equal to the minimum annual
interest rate for the GPA. Also, we assume in this test that Guarantee Premiums
are paid on each MCD.
R. REINSTATEMENT--A policy may be reinstated within five years as long as the
policy was not surrendered for its net surrender value and the insured has died
since the policy terminated.. Reinstatement requires a written application,
evidence of insurability on the insured and payment of an amount of premium
necessary to keep the policy in force for 3 months from the date of
reinstatement. This amount will be quoted upon request. Reinstatement will not
be allowed if an insured has died since the date of termination. The policy
will be reinstated on the MCD on or next following the date we approve the
application. Upon reinstatement, the cost is applied as a premium and the
premium expense charge is deducted. The following changes apply to the policy
upon reinstatement.
1. Monthly deductions begin as of the MCD on or next following the
effective date of reinstatement.
2. Surrender charges are the same as those had the policy not terminated.
However, if the surrender charge was taken when the policy terminated, the
applicable surrender charges will not be reinstated.
3. Any account value or policy debt as of the date of termination is not
reinstated, i.e., there is no loan and the account value is based solely on
the payment of the cost of reinstatement.
4. The PSO will be reinstated. However, the EPR will not be reinstated.
5. The contestability and suicide periods begin again on the date of
reinstatement.
S. DIVIDENDS--The CM Life policy is non-participating. The MassMutual policy is
participating, but no dividends will be payable.