INDIVIDUAL RETIREMENT ANNUITY QUALIFICATION RIDER
This Rider modifies the Contract/Certificate (hereinafter referred to as
Contract) to which it is attached so that it may qualify as an Individual
Retirement Annuity (IRA) under Section 408(b) of the Internal Revenue Code of
1986, as amended (the "Code") and applicable regulations. The provisions in this
Rider supersede any contrary provisions in the Contract, including the
provisions of any other riders or endorsements issued with the Contract. The
following conditions, restrictions and limitations apply.
EXCLUSIVE BENEFIT
This Contract is established for the exclusive benefit of You and Your
beneficiaries.
OWNER AND ANNUITANT
Unless otherwise permitted by the Code, he owner and annuitant (hereinafter
collectively referred to as You or Your) of this Contract must be the same
individual and cannot be changed after the Contract Date. A joint owner and/or a
contingent annuitant cannot be named under this Contract.
TRANSFER OF OWNERSHIP/ASSIGNMENT
Your interest in this Contract may not be sold, assigned, discounted, or pledged
as collateral for a loan or as security for the performance of any obligation or
for any other purpose to any person. No loans shall be made under this contract,
unless permitted by the Code. Certain rules may apply in the case of a transfer
pursuant to divorce under the terms of a Court Order or separation agreement, as
defined in Code Section 408(d)(6).
CREDITOR CLAIMS
To the extent permitted by law, Your rights or benefits or those of the
beneficiary under this Contract shall not be subject to the claims of creditors
or any legal process.
NONFORFEITABILITY
Your entire interest in this Contract is nonforfeitable.
CONTRIBUTION LIMITS
All contributions to this Contract must be in cash. Except in the case of a
rollover contribution as permitted by Section 402(c), 402(e)(6), 403(a)(4),
403(b)(8), 403(b)(10), 408(d)(3) or 457(e)(16) of the Code, a nontaxable
transfer from an individual retirement plan under Section 7701(a)(37) of the
Code, or a contribution made in accordance with the terms of a Simplified
Employee Pension (SEP) program as described in Section 408(k) of the Code,
ongoing contributions to this Contract (if permitted) shall not exceed the
annual limits in accordance with Sections 408(b) and 219(b) of the Code (or such
other amount provided by applicable federal tax law). In particular, unless
otherwise provided by applicable federal tax law.
A. The total cash contributions shall not exceed $3,000 for any taxable year
beginning in 2002 through 2004, $4,000 for any taxable year beginning in
2005 through 2007, and $5,000 for any taxable year beginning in 2008 and
years thereafter. After 2008, the limit will be adjusted by the Secretary
of the Treasury for cost-of-living increases under Code Section
219(b)(5)(D). Such adjustments will be in multiples of $500.
B. In the case of an individual who is 50 or older, the annual cash
contribution limit is increased by $500 for any taxable year beginning in
2002 through 2005, and $1,000 for any taxable year beginning in 2006 and
years thereafter.
No contribution will be accepted under a SIMPLE IRA plan established by any
employer pursuant to Code Section 408(p). No transfer or rollover of funds
attributable to contributions made by a particular employer under its SIMPLE
IRA, plan will be accepted from a SIMPLE IRA, that is, an individual retirement
account under Code Section 408(a) or an individual retirement annuity under Code
Section 408(b) used in conjunction with a SIMPLE IRA plan, prior to the
expiration of the two-year period beginning on the date the Owner first
participated in that employer's SIMPLE IRA plan.
COMPENSATION
Compensation means wages, salaries, professional fees, or other amounts derived
from or received from personal service actually rendered (including, but not
limited to, commissions paid salesmen, compensation for services on the basis of
a percentage of profits, commissions on insurance premiums, tips, and bonuses)
and includes earned income as defined in Code Section 401(c)(2) (reduced by the
deduction the self employed individual takes for contributions made to a
self-employed retirement plan). For purposes of this definition, Code Section
401(c)(2) shall be applied as if the term trade or business for purposes of Code
Section 1402 included service described in subsection (c)(6). Compensation does
not include amounts derived from or received as
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earnings or profits from property (including but not limited to interest and
dividends) or amounts not includable in gross income. Compensation also does not
include any amount received as a pension or annuity or as deferred compensation.
The term "compensation" shall include any amount includable in the individual's
gross income under Code Section 71 with respect to a divorce or separation
instrument described in Code Section 71(b)(2)(A).
ROLLOVERS
Pursuant to IRC Section 408(d)(3)(A), to the extent that a distribution from
this IRA would be included in income if not rolled over, you may roll over such
distribution within 60 days to an eligible retirement plan. An eligible
retirement plan includes another traditional IRA, a qualified pension, profit
sharing or stock bonus plan, a Section 403(b) tax sheltered annuity and an
eligible 457 governmental plan. This IRA contract may receive eligible rollover
distributions from these plans as well.
Distributions You roll over from retirement plans or arrangements described
above to this Contract must be completed by means of a direct transfer or
rollover in accordance with Code Section 401(a)(31) in order to avoid the
mandatory 20% income tax withholding from the distribution and a possible 10%
additional tax penalty under Code Section 72(t). You may replace amounts
withheld from other sources to complete the full rollover, but the 10% penalty
may continue to be due if You do not specify that the transfer of the
distribution be conducted by direct transfer or rollover.
REQUIRED MINIMUM DISTRIBUTIONS
DISTRIBUTIONS DURING YOUR LIFETIME
Notwithstanding any provision of this Contract to the contrary, the distribution
of an individual's interest shall be made in accordance with the minimum
distribution requirements of Section 408(b) and 401(a)(9) of the Code and the
regulations thereunder, the provisions of which are herein incorporated by
reference. If distributions are not made in the form of an annuity on an
irrevocable basis (except for acceleration), then distribution of the interest
in the Contract (as such "interest" is described in the subsection of this Rider
titled "Distributions Upon Your Death") must satisfy the requirements of Code
Section 408(a)(6) and the regulations thereunder, rather than this subsection of
the Rider and the subsection of this Rider titled "Distributions Upon Your
Death".
Your entire interest in the Contract must be distributed or begin to be
distributed by Your required beginning date, which is the April 1st following
the calendar year in which You reach age 70 1/2, or such later date provided by
applicable federal tax law. For each succeeding year, a distribution must be
made on or before December 31st. By the required beginning date, You may elect
to have the balance in the Contract distributed in one of the following forms:
1. a single sum payment;
2. equal or substantially equal payments over Your life;
3. equal or substantially equal payments over the lives of You and Your
designated beneficiary (within the meaning of Code Section 401(a)(9));
or
4. equal or substantially equal payments over a specified period that may
not be longer than the joint life and last survivor expectancy of You
and Your designated beneficiary.
Payments must be made in periodic payments at intervals of no longer than 1 year
and must be either non-increasing or they may increase only as provided in
Q&As-1, -4, and -14 of Section 1.401(a)(9)-6 of the Income Tax Regulations.
Also, to the extent permitted under the Contract, payments may be changed in
accordance with the provision of Q&A-13 of Section 1.401(a)(9)-6 of the Income
Tax Regulations. In addition, any distribution must satisfy the incidental
benefit requirements specified in Q&A-2 of Section 1.401(a)(9)-6 of the Income
Tax Regulations.
MINIMUM AMOUNTS TO BE DISTRIBUTED
If Your interest is to be distributed in other than a lump sum or substantially
equal amounts as discussed above, then the amount to be distributed each year,
commencing at Your required beginning date, must be at least equal to an amount
prescribed under Code Section 408(b) and 401(a)(9) and any relevant rules and
regulations.
DISTRIBUTION UPON YOUR DEATH
If You die on or after required distributions commence, the remaining portion of
Your interest (if any) shall be distributed at least as rapidly as under the
method of distribution in effect as of the date of Your death.
If You die before required distributions commence, and unless otherwise
permitted under applicable law, Your entire interest will be distributed as
follows:
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a. If Your interest is payable to a designated beneficiary, except as
provided in (b), (c) and (d) below, the designated beneficiary may
elect to receive the entire interest over the life of the designated
beneficiary or over a period not extending beyond the life expectancy
of the designated beneficiary, commencing on or before December 31st
of the calendar year immediately following the calendar year in which
You died. Such election by the designated beneficiary must be
irrevocable and must be made no later than September 30th of the
calendar year immediately following the calendar year in which You
died.
b. If there is no designated beneficiary, or Your beneficiary elects this
option, Your entire interest in this Contract will be distributed by
December 31 of the calendar year containing the fifth anniversary of
Your death.
c. If the sole designated beneficiary in (a) above is Your surviving
spouse, the surviving spouse may elect to receive the entire interest
in equal or substantially equal payments over the life expectancy of
the surviving spouse or over a period not extending beyond the life
expectancy of the surviving spouse, commencing at any date on or
before the later of:
(i) December 31 of the calendar year immediately following the
calendar year in which the Annuitant died; or
(ii) December 31 of the calendar year in which You would have
attained age 70 1/2. Such election by the surviving spouse must
be irrevocable and must be made no later than the earlier of
December 31 of the calendar year containing the fifth anniversary
of Your death, or the date distributions are required to begin
pursuant to the preceding sentence.
If the surviving spouse dies before required distributions commence to
him or her, the remaining interest will be distributed, starting by
the end of the calendar year following the calendar year of the
spouse's death, over the spouse's designated beneficiary's remaining
life expectancy determined using such beneficiary's age as of his or
her birthday in the year following the death of the spouse, or, if
elected will be distributed in accordance with paragraph (b) above. If
the surviving spouse dies after required distributions commence to him
or her, any remaining interest will continue to be distributed under
the contract option chosen.
d. If the sole designated beneficiary of this IRA is Your surviving
spouse, he or she may elect to treat the Contract as his or her own,
whether or not distributions had commenced prior to Your death. This
election will be deemed to have been made if such surviving spouse
makes a regular IRA contribution to this Contract (if permitted),
makes a rollover to or from this Contract, or fails to elect any of
the above provisions. The result of such an election is that the
surviving spouse will be considered the individual for whose benefit
the IRA is maintained and distributions will be based on the surviving
spouse's age and life expectancy.
e. Unless otherwise provided by applicable federal tax law, life
expectancy is determined using the Single Life Table in Q&A-1 of
Section 1.401(a)(9)-9 of the Income Tax Regulations. If distributions
are being made to a surviving spouse as the sole designated
beneficiary, such spouse's remaining life expectancy for a year is the
number in the Single Life Table corresponding to such spouse's age in
the year. In all other cases, remaining life expectancy for a year is
the number in the Single Life Table corresponding to the beneficiary's
age in the year specified in paragraph (b)(1) or (2) and reduced by 1
for each subsequent year. If benefits are payable under one of the
settlement options under the Contract, life expectancy shall not be
recalculated.
Unless otherwise provided under applicable federal tax law, the "interest" in
this IRA Contract includes the amount of any outstanding rollover, transfer and
recharacterization under Q&As-7 and -8 of Section 1.408-8 of the Income Tax
Regulations. Also, prior to the date that the Contract is annuitized, the
"interest" in the Contract includes the actuarial present value of any
additional benefits provided under this IRA Contract (such as survivor benefits
in excess of the dollar amount credited to You or Your beneficiary under the
Contract) under Q&A-12 of Section1.401(a)(9)-6 of the Income Tax Regulations.
For purposes of this Section of the Rider, required distributions are considered
to commence on Your required beginning date or, if applicable, on the date
distributions are required to begin to Your surviving spouse under (c) above.
However, if distributions start prior to the applicable date in the preceding
sentence, on an irrevocable basis (except for acceleration) under an annuity
contract meeting the requirements of Section 1.401(a)(9)-6 of the Income Tax
Regulations, then required distributions are considered to commence on the
annuity starting date.
ALTERNATIVE CALCULATION METHOD
An individual may satisfy the Minimum Distribution Requirements under section
408(a)(6) and 408(b)(3) of the Code by taking a distribution from one IRA that
is equal to the amount required to satisfy the minimum distribution requirements
for two or more IRAs. For this purpose, the owner of two or more IRAs may use
the alternative method described in Q&A-9 of Section 1.408-8
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of the Income Tax Regulations, to satisfy the minimum distribution requirements
described above. Under such circumstances, You shall be responsible for
determining that the Minimum Distribution Requirements are met and We shall have
no responsibility for such determination. Withdrawal Charges, if otherwise
applicable, will not be applied to the extent of a distribution required under
Code Sections 401(a)(9) and 408(b)(3) with respect to this Contract.
DISTRIBUTIONS PRIOR TO AGE 59 1/2
Except in the event of Your death, disability or attainment of age 59 1/2, We
shall receive from You a declaration of Your intention as to the disposition of
the amounts distributed before making any distribution from this Contract.
REPORTS
As the issuer of this Contract, We will furnish You reports concerning the
status of this Annuity at least annually and such information concerning
required minimum distributions as is prescribed by the Commissioner of Internal
Revenue.
ADMINISTRATIVE COMPLIANCE/AMENDMENT
If changes in the Code and related law, regulations and rulings require a
distribution greater than described above in order to keep this Annuity
qualified under the Code, we will administer the Contract in accordance with
these laws, regulations and rulings. This contract may be amended by Us at any
time to maintain its qualified status under Section 408(b) of the Code,
following all necessary regulatory approvals. Any such amendment may be made
retroactively effective if necessary or appropriate to conform to the
requirements of the Code (or any State law granting IRA tax benefits).
METLIFE INSURANCE COMPANY OF CONNECTICUT
/s/ Michael K. Farrell
President
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