METLIFE INSURANCE COMPANY OF CONNECTICUT
[1300 Hall Boulevard
Bloomfield, CT 06002]
457(b) PLAN ENDORSEMENT (GOVERNMENTAL AND TAX-EXEMPT)
This Endorsement forms a part of the Contract/Certificate (hereinafter referred
to as "Contract") to which it is attached and addresses certain requirements
under the Internal Revenue Code of 1986, as amended ("Code"). The following
provisions apply to a Contract which is issued under a plan that is intended to
satisfy the requirements of Section 457(b) of the Code (the "Plan") and
established and maintained by a state or local governmental employer within the
meaning of Section 457(e)(1)(A) of the Code (a "Governmental Employer") or by a
tax-exempt employer within the meaning of Section 457(e)(1)(B) of the Code (a
"Tax-Exempt Employer"). The effective date of this Endorsement is the issue date
of the Contract or such later date necessary to maintain the status of the plan
under Section 457(b) of the Code. If there is a conflict between the terms of
this Endorsement and the terms of the Contract (including any prior endorsements
or riders thereto), the terms of this Endorsement will control. However the
Contract may contain further restrictions (including but not limited to the
types and number of contributions which will be accepted) which will continue to
apply to the extent consistent with Federal tax law.
1. Terms used in this Endorsement:
(a) "We", "Us" or the "Company" means MetLife Insurance Company of
Connecticut; and
(b) "You" or "Your" means the Contractholder or Owner.
2. Any Annuitant of this Contract will be a participant or beneficiary of the
Plan and the Contractholder of this Contract will be the Owner as provided
under the Plan. If the Plan has distributed this Contract to a participant
or beneficiary, such participant or beneficiary will be the Annuitant and
Contractholder.
3. This Contract shall be subject to the provisions, terms and conditions of
the Plan and any payment, distribution or transfer under this Contract
shall comply with the provisions, terms and conditions of the Plan as
determined by the employer that established the Plan or by such other duly
designated person. However, the terms of the Plan cannot expand the terms
of the Contract or impose responsibilities or duties on Us not specifically
set forth in the Contract. We shall have no responsibility with respect to
the provisions, terms and conditions of the Plan, under or by reason of
issuance of this Contract, including, but not limited to, (a) determining
whether any such payment, distribution or transfer complies with the
provisions, terms and conditions of the Plan or with applicable law, or (b)
administering the Plan.
4. If the Plan was established by a Governmental Employer:
(a) If the Contractholder is not a trust described in Section 457(g) of
the Code that is treated as exempt from tax under Section 501(a) of
the Code, this Contract shall be treated as a trust for purposes of
Section 401(f) of the Code and this Contract and the benefits under
it, cannot be sold, assigned, transferred, discounted, pledged as
collateral for a loan or as security for the performance of an
obligation or for any other purpose, or otherwise transferred to any
person other than Us.
(b) The Contractholder shall hold all Plan assets hereunder for the
exclusive benefit of Plan participants and beneficiaries and no
portion of the amount deposited into the Contract, or the earnings
thereon may be used for, or diverted to, any purpose other than for
the exclusive benefit of such persons prior to the satisfaction of all
liabilities with respect to such persons.
(c) A Plan participant or beneficiary may elect, at the time and in the
manner prescribed by Us (and, where applicable, by the
Contractholder), to have any portion of an eligible rollover
distribution (within the meaning of Section 402(c)(4) of the Code)
paid directly to an eligible retirement plan described in Section
402(c)(8)(B) of the Code that is specified by the Plan participant or
beneficiary, by means of a direct transfer or direct rollover under
Section 401(a)(31) of the Code.
5. If the Plan was established by a Tax-Exempt Employer, all interests under
this Contract remain the property of the Tax-Exempt Employer (or a grantor
trust established by the Tax-Exempt Employer) and are subject to the claims
of the Tax-Exempt Employer's creditors in bankruptcy or insolvency.
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6. Distributions under this Contract and annuities purchased hereunder shall
meet the requirements of Section 72(s) of the Code, as applicable,
including the following:
(a) The requirements of this Paragraph 6 shall apply separately to the
interest in the Contract held by the Contractholder in respect of each
Plan participant as determined by the account balance records
maintained for the Plan. No participant or other person has a
beneficial interest in the Contract by reason of this Paragraph 6,
however.
(b) The following definitions apply for purposes of this Paragraph 6. The
holder of an interest in the Contract is (i) the participant or other
primary annuitant, the events in the life of which are of primary
importance in affecting the timing or amount of payout of that
interest, if the Contractholder is not an individual, or (ii) the
Contractholder, if the Contractholder is an individual. The annuity
starting date is as defined in Section 72(c)(4) of the Code. The
designated beneficiary is as defined in Section 72(s)(4) of the Code.
If the designated beneficiary referred in Paragraph 6(d)(i) is the
surviving spouse of the holder, Paragraph 6(c) and (d) are applied by
treating the surviving spouse as the holder. If the Contractholder is
not an individual, a change in the primary annuitant in respect of an
interest in the Contract is treated as the death of the holder.
(c) If any holder of an interest in the Contract in respect of a
participant dies on or after the annuity starting date and before that
entire interest in the Contract has been distributed, the remaining
interest shall be distributed at least as rapidly as under the method
of distribution being used as of the date of death.
(d) If any holder of an interest in the Contract in respect of a
participant dies before the annuity starting date, that entire
interest in the Contract shall be distributed within five years after
the death of that holder. If any portion of that interest (i) is
payable to or for the benefit of a designated beneficiary, and will be
distributed over the life of that designated beneficiary or over a
period not extending beyond the life expectancy, and (ii) those
distributions begin not later than one year after the death of the
holder's death or such later date as regulations under the Code
prescribe, this Paragraph 6(d) is satisfied in respect of that
portion.
7. We may waive by Our written notice to the Contractholder applicable
withdrawal or surrender charges with respect to all or any portion of the
Contract value that is directly transferred to another funding vehicle or
an annuity contract issued by Us or one of Our affiliate companies.
8. The Contractholder may instruct Us to deduct recordkeeping and other
administrative fees from Plan participant and beneficiary account balances.
Such fees shall be sent by Us directly to the party specified by the
Contractholder. All such fees deducted from Plan participant and
beneficiary account balances shall not be subject to any otherwise
applicable withdrawal or surrender charge.
We have the right to interpret this Contract's provisions in accordance with the
Code and to amend or modify this Contract or Endorsement to the extent necessary
to comply with any law, regulation, ruling or other requirement deemed by us to
be necessary under the applicable requirements of Section 457(b) or other
provisions of the Code.
All other terms and conditions of the Contract remain unchanged.
MetLife Insurance Company of Connecticut has caused this Endorsement to be
signed by its [Secretary].
-s- Jeffrey A. Welikson
[SECRETARY]
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