Group Combination Deferred Annuity Contract (Nonparticipating) Voya Retirement Insurance and Annuity Company (VRIAC), a stock company, will pay benefits according to the terms
| If you have questions about the Contract, call the toll-free number shown above. | |
| Group Combination Deferred Annuity Contract (Nonparticipating) | |
| Voya Retirement Insurance and Annuity Company (VRIAC), a stock company, will pay benefits according to the terms | |
| and conditions set forth in this Contract. This Contract is delivered in Florida and is subject to the laws of that jurisdiction. | |
| Please read this Contract carefully. It states the Company's contractual rights and obligations as well as the rights and | |
| obligations of the Contract Holder and Participants. | |
| Specifications | |
| Plan | |
| Type of Plan | |
| VOYA RETIREMENT PLUS II | |
| Contract Holder | |
| Group Annuity Contract Number | |
| Contract Effective Date | |
| Right to Cancel | |
| The Contract Holder may cancel this Contract within twenty-one (21) calendar days of receiving it by returning it to the | |
| Company at the address shown above, or to the agent from whom it was purchased. Within seven calendar days of | |
| receiving the cancellation request at its Home Office, the Company will return the Individual Account value as of the next | |
| Valuation Date, plus any fees or charges deducted from Contributions received or from the Individual Account value. | |
| Upon written request, the Company will provide the Contract Holder with additional information regarding the benefits and | |
| provisions of this Contract, or the Contract Holder may call the Contact Center at ▇-▇▇▇-▇▇▇-▇▇▇▇ or the Florida | |
| Department of Financial Services Consumer Services at ▇-▇▇▇-▇▇▇-▇▇▇▇. The Contract Holder may also contact the | |
| agent using the information shown above. | |
| Signed at the Home Office on the Effective Date. | |
| /s/▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ /s/▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ | |
| President | Secretary |
| THE VARIABLE FEATURES OF THIS CONTRACT ARE DESCRIBED IN SECTIONS 3 AND 9. | |
| Benefits may vary according to contractual terms. | |
| All payments and values provided by the group Contract, when based on the investment experience of the | |
| Separate Account, are variable and are not guaranteed as to fixed dollar amount. Amounts allocated to the | |
| Guaranteed Accumulation Account, if withdrawn before a guaranteed term maturity date, may be subject to a | |
| market value adjustment. The market value adjustment may result in an increase, or a decrease, in the Individual | |
| Account value. | |
| G-CDA(FL)-11 | |
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| Table of Contents | |||||
| Page | |||||
| Contract Schedule I. Accumulation Phase | S I | - 1 | |||
| Contract Schedule II. Annuity Phase | S II | - 1 | |||
| Definitions | 1 | ||||
| Section 1. General Contract Provisions | 3 | ||||
| 1.01 | Entire Contract | 3 | |||
| 1.02 | Nonparticipating Contract | 3 | |||
| 1.03 | Control of Contract | 3 | |||
| 1.04 | Certificate | 3 | |||
| 1.05 | Incontestability | 3 | |||
| 1.06 | Grace Period | 3 | |||
| 1.07 | Change of Contract | 3 | |||
| 1.08 | Payments | 4 | |||
| 1.09 | Deferral of Payment | 4 | |||
| 1.10 | Proof of Age | 4 | |||
| 1.11 | Evidence of Survival | 4 | |||
| 1.12 | Misstatements and Adjustments | 4 | |||
| 1.13 | Reports | 5 | |||
| 1.14 | State Laws | 5 | |||
| 1.15 | Claims of Creditors | 5 | |||
| 1.16 | Maintenance Fee | 5 | |||
| 1.17 | Charges for Additional Services | 5 | |||
| 1.18 | Charges Subject to Change | 5 | |||
| 1.19 | Deduction of Plan Fees | 5 | |||
| 1.20 | Plan Administration Subsidy | 6 | |||
| 1.21 | Recodification ¯ | 6 | |||
| 1.22 | Termination ¯ | 6 | |||
| Part I. Accumulation Phase | 6 | ||||
| Section 2. Contributions and Individual Account Value | 6 | ||||
| 2.01 | Contributions ¯ | 6 | |||
| 2.02 | Premium Tax | 6 | |||
| 2.03 | Individual Account | 6 | |||
| 2.04 | Experience Credit | 6 | |||
| 2.05 | Individual Account Value | 7 | |||
| 2.06 | Rollovers | 7 | |||
| Section 3. Separate Account | 7 | ||||
| 3.01 | General | 7 | |||
| 3.02 | Funds Available | 7 | |||
| 3.03 | Change or Substitution of Funds | 7 | |||
| 3.04 | Accumulation Units | 7 | |||
| 3.05 | Accumulation Unit Value | 7 | |||
| 3.06 | Net Investment Factor | 8 | |||
| 3.07 | Charges to the Separate Account | 8 | |||
| 3.08 | Fund Transfers | 8 | |||
| 3.09 | Withdrawals from the Separate Account | 8 | |||
| G | -CDA(FL)-10 | i | |||
| Page | |||
| Section 4. Fixed Plus Account II | 8 | ||
| 4.01 | Fixed Plus Account II Minimum Guaranteed Interest Rate | 8 | |
| 4.02 | Transfers from the Fixed Plus Account II | 8 | |
| 4.03 | Partial Withdrawals from the Fixed Plus Account II | 9 | |
| 4.04 | Full Withdrawal of the Total Amount in the Fixed Plus Account II | 9 | |
| 4.05 | Waiver of Fixed Plus Account II Full Withdrawal Provision | 10 | |
| Section 5. Guaranteed Accumulation Account (GAA) | 10 | ||
| 5.01 | Nonunitized Separate Account | 10 | |
| 5.02 | GAA Minimum Guaranteed Interest Rate | 10 | |
| 5.03 | Deposit Period | 11 | |
| 5.04 | Guaranteed Term | 11 | |
| 5.05 | Guaranteed Term Groups | 11 | |
| 5.06 | Maturity Date, Maturity Value and Reinvestment | 11 | |
| 5.07 | Transfers and Withdrawals from the GAA | 11 | |
| 5.08 | Application of the Market Value Adjustment | 11 | |
| 5.09 | GAA Market Value Adjustment (MVA) | 12 | |
| Section 6. Transfers, Withdrawals and Distributions | 12 | ||
| 6.01 | Transfers | 12 | |
| 6.02 | Withdrawals | 12 | |
| 6.03 | Withdrawal Restrictions Under the Code | 13 | |
| 6.04 | Withdrawal Charge | 13 | |
| 6.05 | Waiver of Withdrawal Charge | 13 | |
| 6.06 | Reinstatement | 13 | |
| 6.07 | Required Distributions | 14 | |
| 6.08 | Systematic Distribution Options (SDOs) | 14 | |
| 6.09 | Individual Account Termination | 14 | |
| Section 7. Loans | 14 | ||
| 7.01 | Loan Availability | 14 | |
| Section 8. Death Benefit During the Accumulation Phase | 14 | ||
| 8.01 | Death Benefit | 14 | |
| 8.02 | Contract Beneficiary | 14 | |
| 8.03 | Distribution of Death Benefit | 14 | |
| Part II. Annuity Phase | 15 | ||
| Section 9. General Provisions | 15 | ||
| 9.01 | Election | 15 | |
| 9.02 | Annuity Options | 15 | |
| 9.03 | Mortality Table | 16 | |
| 9.04 | Payments | 16 | |
| 9.05 | Investment Options | 16 | |
| 9.06 | Fixed Annuity Minimum Guaranteed Interest Rate | 16 | |
| 9.07 | Variable Annuity Assumed Annual Net Return Rate Election | 17 | |
| 9.08 | Variable Annuity Transfers | 17 | |
| 9.09 | Fund Annuity Units | 17 | |
| 9.10 | Fund Annuity Unit Value | 17 | |
| 9.11 | Fund Annuity Net Return Factor | 17 | |
| 9.12 | Death Benefit During the Annuity Phase | 18 | |
| 9.13 | Charges to the Separate Account | 18 | |
| Annuity Tables | 19 | ||
| G | -CDA(FL)-10 | ii | |
| Contract Schedule I | |
| Accumulation Phase | |
| Control of Contract (see 1.03) | |
| The Contract is established under a Plan of the Contract Holder pursuant to Section 403(b) of the Code (the | |
| Plan). | |
| The Contract Holder controls this Contract. By notifying us in writing, the Contract Holder may allow | |
| Participants to choose Investment Options under the Contract for an Individual Account. The Contract | |
| Holder may, however, retain the right to choose Investment Options under the Contract to the extent | |
| allowed under applicable law. Unless otherwise provided by the Plan, we will make payments only at the | |
| written direction of the Contract Holder and a Participant. This Contract is subject to the terms of the Plan, | |
| provided that the terms of the Plan do not expand the terms of this Contract and do not impose any | |
| responsibilities or duties on the Company greater than those set forth in this Contract. | |
| The Company shall rely upon the Contract Holder's representations regarding the contents of the applicable | |
| Plan document, except as otherwise agreed to by the Company. The Company shall rely upon instructions | |
| of the Contract Holder and/or its designee in permitting Contributions to and making distributions from this | |
| Contract (including distributions due to loans, annuity payouts, qualified domestic relations orders, hardship | |
| Withdrawals and systematic distributions options) in accordance with the terms of the Plan. | |
| Subject to the terms of the Plan, tax-free exchanges within the Plan and plan-to-plan transfers involving this | |
| Contract, including transfers to a governmental defined benefit plan to purchase permissive service credits | |
| within the meaning of Code Section 415(n), may be allowed to the extent permitted by law. | |
| To the extent provided for in the Treasury Regulations, the Contract Holder and/or its designee is | |
| responsible for sharing with the Company information that is necessary for the Company to administer this | |
| Contract in accordance with the terms of the Plan, Code and the Treasury Regulations, including | |
| information necessary for the Company to satisfy its withholding and information reporting obligations under | |
| the Code with respect to this Contract. Except to the extent otherwise agreed between the Company and | |
| the Contract Holder and/or its designee, the Company shall share with the Contract Holder and/or its | |
| designee information regarding this Contract that the Contract Holder and/or its designee requests for | |
| purposes of ensuring adherence to the terms of the Plan. | |
| The Contract and Individual Accounts are nontransferable and nonassignable except to us in the event of a | |
| loan (if allowed under the Contract) or in the event of a qualified domestic relations order as allowed under | |
| the Retirement Equity Act of 1984 (REA). | |
| Participants have a nonforfeitable right to the value of employer Contributions made to their Individual | |
| Accounts subject to any Plan vesting limits as determined by the Contract Holder. Participants have a | |
| nonforfeitable right to the value of employee Contributions made to their Individual Accounts as provided by | |
| Code Section 403(b) and subject to the terms of the Plan. | |
| The Contract Holder must notify us in writing if the Plan is, or becomes, subject to the Employee | |
| Retirement Income Security Act of 1974 (ERISA) and/or related law or regulations including REA. We will | |
| rely on the Contract ▇▇▇▇▇▇'s determination and representation of the applicability of such laws. If the Plan is | |
| subject to ERISA, before we will make a distribution from an Individual Account, the Contract Holder must | |
| certify in writing that all applicable REA requirements have been met and that the distribution complies with | |
| the Plan. | |
| Claims of Creditors (see 1.15) | |
| Individual Accounts are not subject to the claim of any creditor of the Contract Holder, a Participant or a | |
| beneficiary, except to the extent permitted by law. | |
| G-CDA(FL)-10 | S I - 1 |
| Maintenance Fee (see 1.16) | |
| The maintenance fee for each Participant under the Contract is $75.00 as of the Effective Date of | |
| the Contract and is subject to change. The fee will never exceed $75 per year. | |
| The maintenance fee may vary (increase, decrease, or be eliminated) based on the total assets held in all | |
| Individual Accounts under the Contract. In determining total assets, we may aggregate Individual Accounts | |
| established under different Company Contracts. The aggregate amount is equal to the sum of assets in all | |
| Individual Accounts under the Contract, plus the value of Individual Accounts under other Company | |
| Contracts of the same class issued to the Contract Holder. We may determine the amount of the | |
| maintenance fee based on total assets on an annual basis. The maintenance fee may also vary if the | |
| Company's administrative costs associated with the Plan, or Plan administration costs that the Company | |
| agreed to pay, increase or decrease after the Contract has been issued. The maximum fee will not exceed | |
| that allowed under the Contract. We will determine the initial maintenance fee based on our estimate of the | |
| amount that will be allocated to the Contract during a period mutually agreed upon by the Contract ▇▇▇▇▇▇ | |
| and us and based on our estimate of the Company's administrative costs in connection with the Plan. | |
| Contribution Limits (see 2.01) | |
| Except in the case of a rollover Contribution (as permitted by Code Sections 402(c), 402(e)(6), 403(a)(4), | |
| 403(b)(8), 403(b)(10), 408(d)(3), 457(e)(16)) and 402A(e)(1), or as a result of an intra-plan exchange or | |
| plan-to-plan transfer described in under Control of Contract above, Contributions to the Contract must be | |
| made by the Contract Holder (or employer if different). The Contract Holder (or employer if different) may | |
| not make Contributions after the Participant's death, except as permitted under Section 1.403(b)-4(d) of the | |
| Treasury Regulations. | |
| Contributions may not exceed the applicable limits under Code Sections 415 and 402(g). | |
| Code Section 415 contains the maximum annual contribution limit for a Participant under a Code Section | |
| 403(b) plan and includes employer nonelective contributions (including matching contributions), Code | |
| Section 403(b) elective deferrals, and after-tax contributions. Any amounts identified to be in excess of this | |
| limit that remain in the Contract shall be separately accounted for by the Company in accordance with Code | |
| Section 403(c). | |
| Code Section 403(b) elective deferrals include employee pre-tax contributions and, to the extent permitted | |
| by the Plan and this Contract, any employee designated ▇▇▇▇ contributions. | |
| Elective deferral Contributions made to this Contract and any other plans, contracts or arrangements of the | |
| Contract Holder on behalf of the Participant may not exceed the limits of Code Section 402(g). If the | |
| Company is notified that a Contribution to the Contract has exceeded the limits of Code Section 402(g) or | |
| any other applicable Code section, the Company will, upon receipt of appropriate instruction, distribute such | |
| Contribution plus any earnings or interest and less any losses to the Participant no later than April 15 of the | |
| year following the year of the excess Contribution or as otherwise permitted under the Code. | |
| Rollovers (see 2.06) | |
| To the extent allowed by the Plan, this Contract shall accept Contributions that are considered rollover | |
| eligible amounts in accordance with Code Sections 402(c), 402(e)(6), 403(a)(4), 403(b)(8), 403(b)(10), | |
| 408(d)(3), 457(e)(16) and 402A(e)(1). | |
| Separate Account (see 3.01) | |
| Variable Annuity Account C | |
| G-CDA(FL)-10 | S I - 2 |
| Daily Charges to the Separate Account (see 3.07) | ||||
| Charges to the Separate Account are subject to change (see 1.18). The charges as of the Effective Date of | ||||
| the Contract are as follows: | ||||
| Mortality and Expense Risk Charge: 0.00% (annual basis) | ||||
| This charge will never exceed 1.50% (annual basis). | ||||
| Administrative Charge: 0.00% (annual basis) | ||||
| This charge will never exceed 0.25% (annual basis). | ||||
| Fixed Interest Options Available (see Section 4 and Section 5) | ||||
| Fixed Plus Account II | ||||
| Fixed Plus Account II Minimum Guaranteed Interest Rate (see 4.01) | ||||
| (a) | We will add interest daily to amounts held in the Fixed Plus Account II at a guaranteed annual rate of | |||
| no less than 1.00%. | ||||
| (b) | For each calendar year, we will also set a one-year minimum guaranteed interest rate which will | |||
| apply to all amounts held in the Fixed Plus Account II during that calendar year. This one-year | ||||
| minimum guaranteed interest rate will never be less than the annual rate described above. It will be | ||||
| established prior to each calendar year and will be made available to the Contract Holder or | ||||
| Participants, as applicable, in advance of the calendar year. | ||||
| (c) | The Company at its discretion, may credit interest during the calendar year at a rate greater than | |||
| those rates established pursuant to paragraphs (a) and (b) above. We will make available to the | ||||
| Contract Holder or Participants, as applicable, the rate currently being credited to amounts held in | ||||
| the Fixed Plus Account II. | ||||
| Fixed Plus Account II Annual Transfer and Partial Withdrawal Limit (see 4.02) | ||||
| 20 | % | |||
| Waiver of Fixed Plus Account II Transfer Limit (see 4.02) | ||||
| $ | 5,000 | |||
| Waiver of Fixed Plus Account II Partial Withdrawal Provision (see 4.03) | ||||
| When a partial Withdrawal is requested by a Participant, the partial Withdrawal limit does not apply when the | ||||
| Withdrawal is: | ||||
| (a) | Due to a Participant's death during the Accumulation Phase and is made within six months of the | |||
| date of death (this exception applies to only one partial Withdrawal); | ||||
| (b) | Used to purchase Annuity payments on a life-contingent basis or payments for a stated period on a | |||
| fixed-only basis. | ||||
| (c) | Due to other conditions as we may allow without discrimination, including: | |||
| (1) Due to a Participant's separation from service, (provided, however, that such waiver shall not | ||||
| apply due to a Participant's severance from employment that would not otherwise qualify as a | ||||
| separation from service), and when: | ||||
| (i) | Separation from service is documented in a form acceptable to us; | |||
| (ii) | The amount is paid directly to the Participant or as a direct rollover to another Code | |||
| Section 403(b), 401 or governmental 457(b) plan or an Individual Retirement Account or | ||||
| Individual Retirement Annuity designated by the Participant; and | ||||
| (iii) | The amount paid for all Withdrawals due to separation from service during the previous | |||
| 12 months does not exceed 20% of the average value of all Individual Accounts under | ||||
| the Contract during that period; or | ||||
| G | -CDA(FL)-10 | S I - 3 | ||
| (2 | ) | Due to a Participant's financial hardship as defined in the Code, and when: | ||
| (i) | If applicable, certified by the employer; | |||
| (ii) | The amount is paid directly to the Participant; and | |||
| (iii) | The amount paid for all Withdrawals due to financial hardship during the previous 12 | |||
| months does not exceed 20% of the average value of all Individual Accounts under the | ||||
| Contract during that period. | ||||
| Waiver of Fixed Plus Account II Full Withdrawal Provision (see 4.05) | ||||
| When a full Withdrawal is requested, payment from the Fixed Plus Account II is not limited as described in | ||||
| 4.04 when the Withdrawal is made: | ||||
| (a) | When the amount in the Fixed Plus Account II is $5,000 or less (or, if applicable, as otherwise | |||
| allowed by the Plan for a lump-sum cash-out without Participant consent) and during the previous 12 | ||||
| months no amounts have been withdrawn, transferred, taken as a loan (if allowed under the | ||||
| Contract), or used to purchase Annuity payments; | ||||
| (b) | Due to a Participant's death before Annuity payments begin and paid within six months of the | |||
| Participant's death; | ||||
| (c) | As provided in Section 6.09; | |||
| (d) | To purchase Annuity payments on a life-contingent basis or payments for a stated period on a | |||
| fixed-only basis. | ||||
| (e) | Due to a Participant's separation from service (provided, however, that such waiver shall not apply | |||
| due to a Participant's severance from employment that would not otherwise qualify as a separation | ||||
| from service), and when: | ||||
| (1 | ) | Separation from service is documented in a form acceptable to us; | ||
| (2 | ) | The amount is paid directly to the Participant or as a direct rollover to another Code Section | ||
| 403(b), 401 or governmental 457(b) plan or an Individual Retirement Account or Individual | ||||
| Retirement Annuity designated by the Participant; and | ||||
| (3 | ) | The amount paid for all Withdrawals due to separation from service during the previous 12 | ||
| months does not exceed 20% of the average value of all Individual Accounts under the | ||||
| Contract during that period; or | ||||
| (f) | ||||
| Due to a Participant's financial hardship as defined in the Code, and when: | ||||
| (1 | ) | If applicable, certified by the employer; | ||
| (2 | ) | The amount is paid directly to the Participant; and | ||
| (3 | ) | The amount paid for all Withdrawals due to financial hardship during the previous 12 months | ||
| does not exceed 20% of the average value of all Individual Accounts under the Contract | ||||
| during that period. | ||||
| Guaranteed Accumulation Account (GAA) Market Value Adjustment (MVA) Formula (see 5.08) | ||||
| Not Applicable | ||||
| G-CDA(FL)-10 | S I - 4 | |||
| Withdrawal Restrictions Under the Code (see 6.03) | |
| (a) | In General. Distributions from this Contract shall be made only in accordance with the requirements |
| of Code Section 403(b), the Treasury Regulations, and the Plan. The Company has no responsibility | |
| to make any distribution (including distributions due to loans, Annuity payments, qualified domestic | |
| relations orders, hardship withdrawals and systematic distributions options) from this Contract until it | |
| has received instructions or information from the Contract Holder and/or its designee in a form | |
| acceptable to the Company and necessary for the Company to administer this Contract in | |
| accordance with Code Section 403(b) the Treasury Regulations, and the Plan. | |
| (b) | Restricted Elective Deferrals. Restricted Elective Deferrals means elective deferral contributions |
| made pursuant to a salary reduction agreement and the earnings on such contributions. However, if | |
| separately accounted for by the Company, Restricted Elective Deferrals do not include amounts held | |
| under a Section 403(b)(1) annuity contract as of December 31, 1988 provided such amounts were | |
| never transferred or exchanged into a Section 403(b)(7) custodial account. Unless otherwise | |
| indicated, Restricted Elective Deferrals include employee designated ▇▇▇▇ contributions within the | |
| meaning of Code Section 402A(c)(1). Withdrawals and other distributions attributable to Restricted | |
| Elective Deferrals shall not be paid from this Contract unless The Participant has (1) reached age 59 | |
| 1/2, (2) had a severance from employment, (3) died, (4) become disabled (within the meaning of | |
| Code Section 72(m)(7)), or (5) incurred a hardship (in which case such amounts shall be limited to | |
| actual salary deferral contributions, excluding earnings thereon). | |
| (c) | Employer ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇. Employer Annuity Amounts means amounts attributable to |
| contributions made to an annuity contract under Code Section 403(b)(1) (including earnings thereon) | |
| that are not elective deferrals. Employer Annuity Amounts do not include after-tax employee | |
| contributions or earnings thereon. Withdrawals and other distributions attributable to Employer Annuity | |
| Amounts shall not be paid from this Contract earlier than the Participant's severance from | |
| employment or upon the prior occurrence of some event, such as after a fixed number of years, the | |
| attainment of a stated age, or disability, as provided in the Plan. | |
| (d) | Employer Custodial Amounts. Employer Custodial Amounts means amounts attributable to |
| contributions made to a custodial account under Code Section 403(b)(7) (including earnings thereon) | |
| that are not elective deferrals, and which are contributed to this Contract pursuant to an intra-plan | |
| exchange or plan-to-plan transfer described under Control of Contract above. Withdrawals and other | |
| distributions attributable to Employer Custodial Amounts that are transferred or exchanged into this | |
| Contract shall not be paid from this Contract unless The Participant has (1) reached age 59 1/2, (2) | |
| had a severance from employment, (3) died, (4) become disabled (within the meaning of Code | |
| Section 72(m)(7)), or (5) incurred a hardship (in which case the portion of the Employer Custodial | |
| Amounts available for hardship shall be limited to the Employer Custodial Amount balance held as of | |
| December 31, 1988.) | |
| (e) | Separate Accounting. If this Contract includes both Restricted Elective Deferrals and other |
| Contributions and the Restricted Elective Deferrals are not separately accounted for by the Company, | |
| distributions may not be made earlier than the later of (1) any date permitted under paragraph b, and | |
| (2) any date permitted under paragraph c or paragraph d, whichever is applicable, with respect to | |
| Contributions that are not Restricted Elective Deferrals. | |
| (f) | Exchanges and Transfers. With respect to amounts exchanged or transferred to this Contract as |
| described in the Control of Contract provision, this Contract imposes distribution restrictions that are | |
| not less stringent than those imposed under the contract being exchanged or under the transfer or | |
| plan, whichever is applicable, in accordance with Section 1.403(b)-10(b)(2) of the Treasury | |
| Regulations. | |
| (g) | Exceptions |
| (1) Notwithstanding any other provision in this section, Withdrawals and other distributions are | |
| permitted to be paid from this Contract to the extent (a) allowed by applicable law, (b) described | |
| under Contribution Limits, (c) required by a qualified domestic relations order within the meaning | |
| of Section 414(p), or (d) the Withdrawal is a qualified reservist distribution described in Code | |
| Section 72(t)(2)(G). | |
| G-CDA(FL)-10 | S I - 5 |
| (2 | ) | If the Contract Holder informs the Company that the Plan has been terminated in accordance | ||
| with Section 1.403(b)-10(a) of the Treasury Regulations, the Company shall distribute this | ||||
| Contract or the accumulated benefits thereunder in accordance with the requirements of Code | ||||
| Section 403(b) and the Treasury Regulations. | ||||
| (3 | ) | The Withdrawal restrictions described in this section do not apply to amounts attributable to | ||
| Contributions that are eligible rollover distributions as described in Section 1.403(b)-10(d) of the | ||||
| Treasury Regulations and that have been separately accounted for by the Company. | ||||
| (h) | Withdrawals from Designated ▇▇▇▇ Accounts - Exclusion from Income. A partial or full | |||
| Withdrawal from a designated ▇▇▇▇ account will be excluded from income if it is a qualified | ||||
| distribution which means: | ||||
| (1 | ) | the Withdrawal occurs after the 5-taxable year period measured from the earlier of: | ||
| (i) | the first taxable year the Participant made a designated ▇▇▇▇ Contribution to any | |||
| designated ▇▇▇▇ account established for the Participant under the same applicable | ||||
| retirement plan as defined in Code Section 402A, or | ||||
| (ii) | if a rollover Contribution was made from a designated ▇▇▇▇ account previously established | |||
| for the Participant under another applicable retirement plan, the first taxable year for which | ||||
| the Participant made a designated ▇▇▇▇ Contribution to such previously established | ||||
| account; and | ||||
| (2 | ) | the Withdrawal occurs due to a death benefit distribution to a beneficiary, disability as defined | ||
| by the Code, or after attainment of age 59 1/2. | ||||
| Withdrawal Charge (see 6.04) | ||||
| A withdrawal charge does not apply. | ||||
| Waiver of Withdrawal Charge (see 6.05) | ||||
| Waivers are not applicable; a withdrawal charge does not apply. | ||||
| Required Distributions (see 6.07) | ||||
| Distributions from this Contract must be made in accordance with the required minimum distribution rules of | ||||
| Code Sections 403(b)(10) and 401(a)(9) and may be taken in the form of an Annuity option or other method | ||||
| permitted by the Contract and the Plan. Distributions from and benefits under this Contract also must satisfy | ||||
| the requirements relating to incidental benefits under Section 1.401-1(b)(1)(ii) of the Treasury Regulations. | ||||
| All such rules are incorporated herein by reference. | ||||
| Loans (see 7.01) | ||||
| Loans are available under this Contract, subject to the terms of the Plan. | ||||
| Contract Beneficiary (see 8.02) | ||||
| The Contract Holder is the Contract beneficiary. A Participant may designate a beneficiary under the Plan | ||||
| (Plan beneficiary). | ||||
| G-CDA(FL)-10 | S I - 6 | |||
| Contract Schedule II | |
| Annuity Phase | |
| Payment Period (see 9.02) | |
| When the Contract Holder, a Participant, or a Contract or Plan beneficiary, as applicable, elects an Annuity | |
| payment option under Section 9.02 pursuant to which we guarantee Annuity payments for a fixed period of | |
| years, the period of years for which we will make guaranteed Annuity payments must be within the range of | |
| at least five years and no more than 30 years. | |
| Mortality Table (see 9.03) | |
| Society of Actuaries' Annuity 2000 Table | |
| Maximum Number of Funds (see 9.05) | |
| The maximum number of Funds is four. | |
| Fixed Annuity Minimum Guaranteed Interest Rate (see 9.06) | |
| The guaranteed annual interest rate for a fixed annuity will never be less than 1% (annual basis) | |
| Number of Annual Transfers Among Funds (see 9.08) | |
| Each calendar year, we allow five Transfers among Funds. | |
| Daily Charges to the Separate Account (see 9.13) | |
| Charges to the Separate Account will never be more than the following: | |
| Mortality and Expense Risk Charge: 1.25% (annual basis) | |
| Administrative Charge: 0.25% (annual basis) | |
| G-CDA(FL)-10 | S II - 1 |
| This page is intentionally left blank. |
| Definitions | ||
| Accumulation Phase | ||
| The time between an Individual Account Effective Date and the date on which the entire Individual Account value is | ||
| used to purchase Annuity payments, or otherwise distributed. | ||
| Annuitant | ||
| The person whose life expectancy determines the amount and/or duration of the payments under a life-contingent | ||
| Annuity option. | ||
| Annuity | ||
| Payment of an income: | ||
| (a) | For a stated period; | |
| (b) | For the life of one or two people; or | |
| (c) | Some combination of (a) and (b). | |
| A fixed Annuity is one in which the payment amount does not vary. A variable Annuity is one in which the payment | ||
| amount may vary based on the net investment results of the Funds. | ||
| Annuity Phase | ||
| The time during which we make Annuity payments. | ||
| Business Day | ||
| Each day our Home Office is open for business. | ||
| Code | ||
| The Internal Revenue Code of 1986, as it is amended from time to time. | ||
| Contract | ||
| This agreement between the Company and the Contract Holder. | ||
| Contract Holder | ||
| The entity, or person, named in the specifications section on the face page, to which the Contract is issued. | ||
| Contribution(s) | ||
| The payment(s) made to us during the Accumulation Phase. The Contribution(s) may be reduced by any applicable | ||
| Premium Tax due. | ||
| Effective Date | ||
| The date, shown in the specifications section on the face page, as of which we issue the Contract or establish an | ||
| Individual Account. | ||
| Fixed Interest Options | ||
| Investment options that credit interest. The Fixed Interest Options, if any, available during the Accumulation Phase are | ||
| shown on Contract Schedule I under Fixed Interest Options Available. | ||
| Fixed Plus Account II | ||
| A Fixed Interest Option. The Fixed Plus Account II is an obligation of our General Account. If the Fixed Plus Account II is | ||
| not selected as an Investment Option under the Contract as of the Contract Effective Date, the Fixed Plus Account II | ||
| may not be added after issue without the agreement of the Company. | ||
| Fund | ||
| A variable Investment Option available under this Contract. The Funds are open-end registered investment management | ||
| companies (mutual funds) in which the Separate Account invests. | ||
| General Account | ||
| The account that holds our assets other than those held in the Separate Account or Nonunitized Separate Account. | ||
| Guaranteed Accumulation Account (GAA) | ||
| A Fixed Interest Option that may be available during the Accumulation Phase. Under this option, we guarantee specified | ||
| rates of interest for specified periods of time. Amounts allocated to the Guaranteed Accumulation Account are held in | ||
| the Nonunitized Separate Account. | ||
| G-CDA(FL)-10 | 1 | |
| Good Order | |
| Instructions that are complete and clear enough to allow us to act without exercising discretion. | |
| Home Office | |
| Our main office located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇. | |
| Individual Account | |
| An account, or accounts (including, if applicable, accounts for employer Contributions, employee pre-tax Contributions | |
| and employee designated ▇▇▇▇ Contributions, if allowed under the Plan) established for each Participant to maintain a | |
| record of transactions and the value of Contributions as invested. | |
| Voya Retirement Insurance and Annuity Company (VRIAC) | |
| Voya Retirement Insurance and Annuity Company ("we," and "our," and "us," and "the Company" refer to VRIAC). | |
| Investment Options | |
| The Funds and Fixed Interest Options available under this Contract. | |
| Maturity Date | |
| The last day of a GAA guaranteed term. | |
| Nonunitized Separate Account | |
| A separate account that holds assets allocated to the Guaranteed Accumulation Account. | |
| Participant | |
| A person who is covered under the retirement Plan or program for which this Contract is issued and who has an interest | |
| in this Contract. | |
| Plan | |
| The retirement plan or program for which this Contract is issued. | |
| Premium Tax | |
| Any tax assessed by any governmental entity on Contributions or amounts used to purchase Annuity payments. | |
| Separate Account | |
| An account that buys and holds shares of the Funds through its subaccounts. The account name appears on Contract | |
| Schedule I. | |
| Transfer | |
| The movement of funds between Investment Options offered under the Contract. | |
| Valuation Date | |
| The date and time at which accumulation unit values and Annuity unit values are calculated. Currently, this calculation is | |
| made after the close of business of the New York Stock Exchange on any normal business day, Monday through | |
| Friday, that the New York Stock Exchange is open. | |
| Withdrawal | |
| The movement of funds from the Fixed Plus Account II or any Investment Option offered under the Contract that is not | |
| a Transfer, including the movement of funds to investment options offered by an investment provider other than the | |
| Company or a company affiliated with the Company. | |
| G-CDA(FL)-10 | 2 |
| Section 1. General Contract Provisions | |||
| 1.01 | Entire Contract | ||
| The entire Contract consists of this document, any attachments, the application and any endorsements | |||
| incorporated. | |||
| The Plan, if applicable, is not part of the Contract and the Company is not bound by its terms. | |||
| 1.02 | Nonparticipating Contract | ||
| This Contract is nonparticipating. The Contract Holder, a Participant or a Contract beneficiary has no right to | |||
| share in our earnings. | |||
| 1.03 | Control of Contract | ||
| Control of the Contract is as shown on Contract Schedule I under Control of Contract. | |||
| 1.04 | Certificate | ||
| Any certificate provided to a Participant summarizes Contract provisions; it is for information only and is not | |||
| part of the Contract. We will provide certificates as required by state law in the state where the Contract is | |||
| delivered and as allowed under the Plan. | |||
| 1.05 | Incontestability | ||
| We will not cancel this Contract because of any error of fact. | |||
| 1.06 | Grace Period | ||
| Except as provided in 6.09, this Contract and all Individual Accounts will remain in effect even if | |||
| Contributions are not continued. | |||
| 1.07 | Change of Contract | ||
| Only a Company officer at the level of Vice President or higher, or an officer with written delegation of | |||
| authority from a Vice President or higher officer, may change the terms of this Contract. No other Company | |||
| officer, employee, agent or representative can change this Contract. | |||
| Except as noted below, this Contract may be changed at any time by written mutual agreement between the | |||
| Contract Holder and the Company. For changes we initiate requiring Contract Holder consent, we notify the | |||
| Contract Holder 60 calendar days in advance of the change and consider that the Contract Holder has | |||
| agreed to the change unless we receive written notice that the Contract ▇▇▇▇▇▇ does not agree to the | |||
| change at least 30 calendar days before the date the change becomes effective. | |||
| If we propose a change requiring Contract Holder consent and the Contract Holder does not agree to the | |||
| change, we have the right to not establish new Individual Accounts and to stop accepting Contributions to | |||
| existing Individual Accounts. | |||
| We will not change, unilaterally or pursuant to mutual agreement, the provisions of Section 4.01 (Fixed Plus | |||
| Account II Minimum Guaranteed Interest Rate) or the Fixed Plus Account II Minimum Guaranteed Interest | |||
| Rate provisions in Contract Schedule I. | |||
| We have the right to change the following without Contract Holder consent: | |||
| (a) | Net Investment Factor (see 3.06) | ||
| We may change the net investment factor by notifying the Contract Holder in writing at least 30 | |||
| calendar days before the change becomes effective. If we do this, (other than a change to the net | |||
| investment factor in accordance with Section 1.18), the change will apply only to Individual Accounts | |||
| established, and Contributions received, after the date the change becomes effective. | |||
| G | -CDA(FL)-10 | 3 | |
| (b) | Guaranteed Accumulation Account (GAA) market value adjustment (see 5.09) | ||
| We may change the GAA market value adjustment by notifying the Contract Holder in writing at least | |||
| 90 calendar days before the change becomes effective. If we do this, the change will apply only to | |||
| guaranteed terms offered in deposit periods after the date the change becomes effective. | |||
| (c) | Systematic Distribution Options (see 6.08) | ||
| We may change systematic distribution options by notifying the Contract Holder in writing at least 30 | |||
| calendar days before the change becomes effective. If we do this, the change will not apply to | |||
| Participants or beneficiaries receiving payments under an option before the date the change | |||
| becomes effective. | |||
| (d) | Annuity Options (see 9.02) and the mortality table (see 9.03) | ||
| The company may change or eliminate Annuity options, the attached Annuity options tables and the | |||
| mortality table we use to calculate payment rates for life-contingent Annuity payments. If we do this, | |||
| the change will be effective no earlier than 12 months after the Effective Date of the Contract and no | |||
| earlier than 12 months after the date on which any such prior change was effective. Any change will | |||
| not apply to Individual Accounts under the Contract established before the effective date of the | |||
| change, but will apply to new Individual Accounts covered on or after the date any change is | |||
| effective. Any change will not affect the amount or terms of any Annuity beginning before the change | |||
| is effective. | |||
| In addition, we may change this Contract as required to comply with state and federal law without Contract | |||
| Holder consent by notifying the Contract Holder before the date the change becomes effective. | |||
| Any unilateral change, other than changes required to comply with state or federal law, will not apply to | |||
| Individual Accounts established before the date the change becomes effective, but will apply to Individual | |||
| Accounts established on or after the date the change becomes effective. If we make a unilateral change, | |||
| the Contract Holder or Participants, as applicable, are permitted to terminate participation in the Contract | |||
| before the date the change becomes effective under the terms of the Contract in effect prior to the date the | |||
| change becomes effective. | |||
| As required by law, we will make any change of Contract by endorsement, which may be subject to | |||
| regulatory approval in the state where the Contract is delivered. | |||
| 1.08 | Payments | ||
| We make payments as directed by the Contract Holder or a Participant, as applicable. Payment requests | |||
| must be in writing or as we otherwise allow in our administrative practice. We determine the amount of any | |||
| payment based on the Individual Account value as of the next Valuation Date following our receipt of a | |||
| payment request in Good Order at our Home Office. Generally, we make payments within seven calendar | |||
| days. | |||
| 1.09 | Deferral of Payment | ||
| By law, we have the right to defer payment of Withdrawals for up to six (6) months from the date we receive | |||
| the request after making written request and receiving written approval of the Insurance Commissioner. The | |||
| request shall address the necessity and equitability to all Contract Owners of the deferral. | |||
| 1.10 | Proof of Age | ||
| If a life-contingent Annuity option is elected, we may require proof of the age of an Annuitant. | |||
| 1.11 | Evidence of Survival | ||
| We may require proof that any Annuitant under a life-contingent Annuity option is living. | |||
| 1.12 | Misstatements and Adjustments | ||
| If we learn that the age of any Annuitant or second Annuitant is misstated, we will use the correct age to | |||
| adjust payments. We reserve the right to obtain reimbursement, or to adjust future payments for any | |||
| amount we overpaid. We will pay the amount of any underpayment. | |||
| G | -CDA(FL)-10 | 4 | |
| 1.13 | Reports | ||
| Each calendar year we provide the Contract Holder or a Participant, as applicable, with a report of the | |||
| Individual Account value. We also provide an annual report for the Separate Account. | |||
| 1.14 | State Laws | ||
| This Contract complies with the laws of the state in which it is delivered. Any cash, death or ▇▇▇▇▇▇▇ | |||
| payments are equal to or greater than the minimum required. To determine legal reserve valuation, we use | |||
| Annuity tables as required by law; such tables may be different from those we use to determine Annuity | |||
| payments. | |||
| 1.15 | Claims of Creditors | ||
| Individual Accounts are subject to the claims of creditors of the Contract Holder, a Participant or a | |||
| beneficiary as shown on Contract Schedule I under Claims of Creditors. | |||
| 1.16 | Maintenance Fee | ||
| We may deduct an annual maintenance fee during the Accumulation Phase. | |||
| The amount of the maintenance fee, if any, for this Contract will never be more than the amount shown on | |||
| Contract Schedule I under Maintenance Fee. | |||
| The fee, if any, is deducted proportionately from each Investment Option under the Contract in which an | |||
| Individual Account is invested at the time the fee is deducted. | |||
| 1.17 | Charges for Additional Services | ||
| We, or our authorized representatives, may provide administrative services to the Plan under a separate | |||
| administrative services agreement with the Contract Holder. We may charge for the services described in | |||
| the separate agreement, and the costs of such services may be periodically deducted directly from | |||
| Individual Accounts (see 2.05). The amount of such fees, and the frequency at which they may be paid | |||
| from Individual Accounts, will be specified in the separate agreement between us and the Contract Holder, | |||
| and will be approved by the Contract Holder. | |||
| 1.18 | Charges Subject to Change | ||
| The charges to the Separate Account during the Accumulation Phase (see 3.07) may vary (increase, | |||
| decrease, or be eliminated) based on the total assets held in all Individual Accounts under the Contract. In | |||
| determining total assets, we may aggregate Individual Accounts established under different Company | |||
| Contracts. The aggregate amount is equal to the sum of assets in all Individual Accounts under this | |||
| Contract, plus the value of Individual Accounts under other Company Contracts of the same class issued to | |||
| the Contract Holder. We may determine the amount of the charges to the Separate Account based on total | |||
| assets on an annual basis. We will determine initial charges based on our estimate of the amount that will | |||
| be allocated to the Contract during a period mutually agreed upon by the Contract ▇▇▇▇▇▇ and us. | |||
| 1.19 | Deduction of Plan Fees | ||
| Upon written direction from a Contract Holder sponsoring a Plan, and upon confirmation from the Contract | |||
| Holder that such deduction is permitted under the terms of its Plan, the Company will deduct from account | |||
| values of Participants under the Contract Holder's Plan the amounts specified by the Contract Holder to pay | |||
| costs associated with the administration of the Plan in accordance with its terms, the Code and the | |||
| Treasury Regulations. The Company will deduct such amounts at the frequency specified by the Contract | |||
| Holder, provided such frequency is agreed to by the Company. The Company will not retain any such | |||
| amounts deducted but will pay them as directed by the Contract ▇▇▇▇▇▇. | |||
| If a Contract Holder does not direct such deductions, the Company may in its discretion elect to pay all or | |||
| part of the administration expenses of the Contract Holder's Plan in accordance with Section 1.20 (Plan | |||
| Administration Subsidy). | |||
| G | -CDA(FL)-10 | 5 | |
| 1.20 | Plan Administration Subsidy | ||
| The Company and/or its affiliates may provide Plan administration services to the Contract Holder. Such | |||
| services may be offered at no or reduced cost. Also, the Company may subsidize all or a portion of the | |||
| Contract Holder's Plan administration expenses by paying certain costs associated with the Contract | |||
| ▇▇▇▇▇▇'s Plan administration personnel and/or certain costs associated with a third party administrator | |||
| engaged by the Contract Holder to administer the Plan in accordance with its terms, the Code and the | |||
| Treasury Regulations. The Company shall have no obligation to agree to Plan administration subsidy | |||
| requests, and unless otherwise agreed to in advance by the Company and the Contract Holder, the | |||
| Company may limit or terminate the subsidy with respect to a Contract ▇▇▇▇▇▇'s Plan at the Company's sole | |||
| discretion. Plan administration subsidies will be paid only to the extent requested by the Contract Holder and | |||
| agreed to by the Company in writing. The Company will determine the availability of a Plan administration | |||
| subsidy on a basis that is not unfairly discriminatory. | |||
| 1.21 | Recodification | ||
| In the event of any recodification of the Code Section references contained herein, the Contract shall be | |||
| construed to refer to the original Code Sections as recodified. | |||
| 1.22 | Termination | ||
| Termination of the Contract will be in accordance with the terms of the Contract. No additional fees or | |||
| charges not mentioned in the Contract will apply to the Individual Account value at termination. | |||
| Part I. Accumulation Phase | |||
| Section 2. Contributions and Individual Account Value | |||
| 2.01 | Contributions | ||
| We allocate Contributions in whole percentages among the available Investment Options under the Contract | |||
| as directed by the Contract Holder or a Participant, as applicable. Changes in future Contribution allocation | |||
| may be made at any time without charge. The Contract Holder or a Participant, as applicable, may also | |||
| establish an Individual Account with one lump sum Contribution. | |||
| We reserve the right to establish minimum Contribution amounts and to refuse to accept any Contribution. | |||
| Contributions to Individual Accounts may be limited as provided in the Code. The limits, if any, are shown | |||
| on Contract Schedule I under Contribution Limits. | |||
| 2.02 | Premium Tax | ||
| We pay any applicable Premium Tax when it is due. We will deduct the amount of any applicable Premium | |||
| Tax from the Individual Account value no earlier than when there is a tax liability. We reserve the right to | |||
| deduct any Premium Tax due before a Contribution is allocated to an Individual Account. | |||
| 2.03 | Individual Account | ||
| We will establish an Individual Account for each Participant. | |||
| If required, we will provide accounts that distinguish between employer Contributions, employee pre-tax | |||
| Contributions and employee designated ▇▇▇▇ Contributions for each Participant. | |||
| 2.04 | Experience Credit | ||
| We may apply experience credits (investment, administrative, mortality or other) under this Contract and | |||
| may apply such credits as: | |||
| (a) | A reduction in the maintenance fee; | ||
| (b) | A reduction in the mortality and expense risk charge to the Separate Account; | ||
| (c) | A reduction in the administrative charge to the Separate Account; and | ||
| G | -CDA(FL)-10 | 6 | |
| (d) | An increase in a Fixed Interest Option interest rate. | ||
| We will apply experience credits at our sole discretion as we deem appropriate for the class of contracts to | |||
| which the Contract is issued. | |||
| 2.05 | Individual Account Value | ||
| As of the most recent Valuation Date, the Individual Account value is equal to the total of all Contributions: | |||
| (a) | Plus any interest added on the amount, if any, allocated to a Fixed Interest Option(s); | ||
| (b) | Plus or minus the investment experience on the amount, if any, held in the Separate Account; | ||
| (c) | Minus any applicable maintenance fees, any amounts withdrawn, or used to purchase Annuity | ||
| payments, or any applicable Premium Tax; and | |||
| (d) | Minus any applicable fees or charges deducted. | ||
| 2.06 | Rollovers | ||
| Rollovers of amounts from other retirement plans or arrangements are accepted as provided for on Contract | |||
| Schedule I under Rollovers. | |||
| Section 3. Separate Account | |||
| 3.01 | General | ||
| The Separate Account, established under Title 38a, Section 38a-433 of the Connecticut General Statutes, | |||
| buys and holds shares of the Funds available under the Contract. The Separate Account is registered as a | |||
| unit investment trust under the Investment Company Act of 1940. | |||
| We own the assets held in the Separate Account; we are not a trustee of those assets. Income, gains or | |||
| losses, realized or unrealized, are credited to or charged against the Separate Account without regard to our | |||
| other income, gains or losses. Separate Account assets, to the extent of reserves and other Contract | |||
| liabilities, cannot be charged with liabilities arising out of any other business we conduct. | |||
| 3.02 | Funds Available | ||
| We reserve the right to limit the number of Funds in which an Individual Account may be invested, at one | |||
| time or cumulatively, during the Accumulation Phase and/or Annuity Phase. | |||
| 3.03 | Change or Substitution of Funds | ||
| We reserve the right to stop offering any Fund or to add Funds. We may substitute shares of a Fund for | |||
| shares of another Fund. We will provide the Contract Holder with reasonable advance notice of any | |||
| elimination, addition or substitution of a Fund. If the Plan is subject to ERISA, we will seek Contract Holder | |||
| consent in advance of any Fund substitution. Consent will be deemed given unless, following notice of | |||
| substitution and within a prescribed time period, the Contract Holder notifies us in writing that it does not | |||
| consent and provides us with alternative investment instructions for the shares that would otherwise be | |||
| affected by the substitution. | |||
| 3.04 | Accumulation Units | ||
| Each Contribution allocated to one or more of the Funds is credited to an Individual Account as | |||
| accumulation units. The number of accumulation units is calculated by dividing the amount of the | |||
| Contribution allocated to the Fund by the accumulation unit value (see 3.05) as of the next Valuation Date | |||
| following our receipt of the Contribution in Good Order at our Home Office. | |||
| 3.05 | Accumulation Unit Value | ||
| The value of each accumulation unit for any Fund for each Valuation Date is computed by multiplying the | |||
| net investment factor (see 3.06) by the accumulation unit value for the prior Valuation Date. | |||
| Accumulation unit values may increase or decrease from Valuation Date to Valuation Date. | |||
| G | -CDA(FL)-10 | 7 | |
| 3.06 | Net Investment Factor | ||
| The net investment factor is used to compute the accumulation unit value for any Fund. | |||
| For each Valuation Date, for each Fund, the net investment factor is equal to 1.0000000, plus the net return | |||
| rate. | |||
| The net return rate equals: | |||
| [a - b - c] | |||
| ------------- - e | |||
| d | |||
| Where: | |||
| a is | the value of the shares of the Fund held by the Separate Account on the current Valuation Date; | ||
| b is | the value of the shares of the Fund held by the Separate Account on the prior Valuation Date; | ||
| c is | taxes or provisions for taxes, if any, on the Separate Account (with any federal income tax liability | ||
| offset by foreign tax credits to the extent allowed); | |||
| d is | the total value of the accumulation units and Annuity units of the Separate Account on the prior | ||
| Valuation Date; and | |||
| e is | Separate Account daily charges for mortality and expense risk and a daily administrative charge as | ||
| shown on Contract Schedule I under Daily Charges to the Separate Account. | |||
| The net return rate may be greater or less than zero percent. | |||
| 3.07 | Charges to the Separate Account | ||
| During the Accumulation Phase, we may deduct a mortality and expense risk charge from the Individual | |||
| Account value invested in the Separate Account. In addition, we reserve the right to impose an | |||
| administrative charge. | |||
| The charges to the Separate Account are shown on Contract Schedule I under Daily Charges to the | |||
| Separate Account and are deducted daily. | |||
| 3.08 | Fund Transfers | ||
| During the Accumulation Phase, any portion or all of the Individual Account value held in a Fund may be | |||
| transferred to any other Fund or any available Fixed Interest Option. The Individual Account value will be | |||
| based on the Fund's accumulation unit value next determined after we receive a Transfer request in Good | |||
| Order. | |||
| 3.09 | Withdrawals from the Separate Account | ||
| If the Contract Holder or a Participant, as applicable, requests a partial or full Withdrawal (see 6.02) from the | |||
| Funds, a Withdrawal Charge may apply (see 6.04). | |||
| Section 4. Fixed Plus Account II | |||
| The following provisions apply if the Fixed Plus Account II is available as shown on Contract Schedule I under Fixed | |||
| Interest Options Available. | |||
| 4.01 | Fixed Plus Account II Minimum Guaranteed Interest Rate | ||
| We will credit interest to the Fixed Plus Account II at annual effective yields that are at least equal to the | |||
| Fixed Plus Account II Minimum Guaranteed Interest Rates shown on Contract Schedule I. | |||
| 4.02 | Transfers from the Fixed Plus Account II | ||
| During each rolling 12-month period, the percentage shown on Contract Schedule I under Fixed Plus | |||
| Account II Annual Transfer and Partial Withdrawal Limit may be transferred from the Fixed Plus Account II to | |||
| another Investment Option offered under the Contract. | |||
| G | -CDA(FL)-10 | 8 | |
| The amount available for Transfer is based on the Individual Account value in the Fixed Plus Account II on | |||
| the Business Day we receive the Transfer request in Good Order at our Home Office, reduced by any | |||
| amount withdrawn, transferred, taken as a loan (if allowed under the Contract), or used to purchase Annuity | |||
| payments during the 12 months prior to the Transfer request. In addition, we reserve the right to reduce the | |||
| amount available for Transfer by amounts withdrawn under a systematic distribution option and the right to | |||
| establish a minimum transfer amount. | |||
| Twenty percent of the amount in the Fixed Plus Account II may be transferred in each of four consecutive | |||
| 12 months and the balance transferred in the fifth year subject to the following conditions: | |||
| (a) | During the five-year period, no additional amounts are allocated to or transferred from the Fixed Plus | ||
| Account II; | |||
| (b) | We will include any amount transferred, taken as a loan (if allowed under the Contract) or used to | ||
| purchase Annuity payments during the prior 12-month period when calculating the amount which equals | |||
| 20%; and | |||
| (c) | We reserve the right to include amounts paid under a systematic distribution option when calculating the | ||
| amount which equals 20%. | |||
| The Transfer limit referenced above does not apply when: | |||
| The amount in the Fixed Plus Account II is less than or equal to the amount shown on Contract | |||
| Schedule I under Waiver of Fixed Plus Account II Transfer Limit. | |||
| The Contract Holder or a Participant, as applicable, may request a Transfer by properly completing a | |||
| Transfer request form and forwarding it to our Home Office, or by otherwise complying with our | |||
| administrative procedures. | |||
| 4.03 | Partial Withdrawals from the Fixed Plus Account II | ||
| During each rolling 12-month period, the percentage shown on Contract Schedule I under Fixed Plus | |||
| Account II Annual Transfer and Partial Withdrawal Limit may be withdrawn by a Participant from the Fixed | |||
| Plus Account II. | |||
| The amount available for Withdrawal is based on the Individual Account value in the Fixed Plus Account II | |||
| on the Business Day we receive the Withdrawal request in Good Order at our Home Office, reduced by any | |||
| amount withdrawn, transferred, taken as a loan (if allowed under the Contract), or used to purchase Annuity | |||
| payments during the 12 months prior to the request. We also reserve the right to reduce the amount | |||
| available by deducting any amount withdrawn under an SDO (see 6.08). | |||
| The partial Withdrawal limit previously referenced does not apply when the Withdrawal is as noted on | |||
| Contract Schedule I under Waiver of Fixed Plus Account II Partial Withdrawal Provision. | |||
| 4.04 | Full Withdrawal of the Total Amount in the Fixed Plus Account II | ||
| The Contract Holder or a Participant, as applicable, may make a full Withdrawal from the Fixed Plus | |||
| Account II as follows: | |||
| (a) | The Contract Holder may withdraw the sum of the value of all Individual Accounts under the Contract | ||
| provided the Contract Holder controls the Contract (see Contract Schedule I under Control of | |||
| Contract); and | |||
| (b) | A Participant or the Contract Holder, as applicable, may withdraw the entire value of the Individual | ||
| Account(s) established for that Participant under the terms of this provision. | |||
| Once we receive a full Withdrawal request in Good Order at our Home Office, no additional Transfers, | |||
| partial Withdrawals, or loans (if allowed under the Contract) are allowed. | |||
| G | -CDA(FL)-10 | 9 | |
| For a full Withdrawal to a Contract Holder or to a Participant, we will pay the applicable amount, with interest | ||||
| determined in a manner consistent with 4.01, in five payments as follows, unless, for Withdrawals requested by | ||||
| a Participant, the waiver described in 4.05 applies: | ||||
| (1 | ) | One-fifth of the following amount: The Individual Account value, or the value of the sum of all | ||
| Individual Accounts, as applicable, in the Fixed Plus Account II as of the Business Day we receive the | ||||
| Withdrawal request in Good Order at our Home Office reduced by the amount, if any, transferred, | ||||
| taken as a loan (if allowed under the Contract) or withdrawn either by the Contract Holder or | ||||
| Participant, or used to purchase Annuity payments during the prior 12 months. We also reserve the | ||||
| right to reduce the amount available by deducting any amount withdrawn under an SDO (see 6.08); | ||||
| then | ||||
| (2 | ) | One-fourth of the remaining amount 12 months later reduced by the amount, if any, transferred, taken | ||
|
as a loan (if allowed under the Contract) |
||||
| used to purchase Annuity payments during the prior 12 months; then | ||||
| (3 | ) | One-third of the remaining amount 12 months later reduced by the amount, if any, transferred, taken | ||
|
as a loan (if allowed under the Contract) |
||||
| used to purchase Annuity payments during the prior 12 months; then | ||||
| (4 | ) | One-half of the remaining amount 12 months later reduced by the amount, if any, transferred, taken | ||
|
as a loan (if allowed under the Contract) |
||||
| used to purchase Annuity payments during the prior 12 months; then | ||||
| (5 | ) | The balance of the Individual Account value, or the balance of the value of the sum of all Individual | ||
| Accounts, as applicable in the Fixed Plus Account II, 12 months later. | ||||
| No Withdrawal Charge applies to amounts withdrawn from the Fixed Plus Account II. | ||||
| The Contract Holder or Participant, as applicable, may cancel a full Withdrawal request from the Fixed Plus | ||||
| Account II at any time. | ||||
| 4.05 | Waiver of Fixed Plus Account II Full Withdrawal Provision | |||
| When a full Withdrawal is requested by a Participant, payment from the Fixed Plus Account II is not limited as | ||||
| described in 4.04 when the Withdrawal is as noted on Contract Schedule I under Waiver of Fixed Plus Account | ||||
| II Full Withdrawal Provision. | ||||
| Section 5. Guaranteed Accumulation Account (GAA) | ||||
| The following provisions apply if the Guaranteed Accumulation Account is available as shown on Contract Schedule I under | ||||
| Fixed Interest Options Available. | ||||
| 5.01 | Nonunitized Separate Account | |||
| The Nonunitized Separate Account is established under Title 38a, Section 38a-433 of the Connecticut General | ||||
| Statutes. There are no discrete units for this account. We own the assets held in the Nonunitized Separate | ||||
| Account; we are not a trustee of those assets. The Contract Holder or Participant does not participate in the | ||||
| investment gain or loss from assets held in the Nonunitized Separate Account. We assume any such gain or | ||||
| loss. ▇▇▇▇▇▇, gains or losses, realized or unrealized, are credited to or charged against the Nonunitized | ||||
| Separate Account without regard to our other income, gains or losses. Nonunitized Separate Account assets, | ||||
| to the extent of reserves and other Contract liabilities, cannot be charged with liabilities arising out of any other | ||||
| business we conduct. | ||||
| 5.02 | GAA Minimum Guaranteed Interest Rate | |||
| We will declare all interest rate(s) applicable to a specific term prior to the start of the deposit period. The | ||||
| rate(s) are guaranteed by us for that deposit period and the ensuing term and are not based on the actual | ||||
| investment experience of the underlying assets in GAA. The guaranteed rates are annual effective yields. The | ||||
| interest is credited at a rate that will produce the guaranteed annual effective yield over the period of a year. | ||||
| The rate credited will never be less than 0.25%. | ||||
| G | -CDA(FL)-10 | 10 | ||
| For guaranteed terms of one year or less, one guaranteed rate is credited for the full guaranteed term. For | |||
| longer guaranteed terms, we may credit an initial guaranteed interest rate from the date of deposit to the | |||
| end of a specified period within the guaranteed term. We may credit different interest rates for subsequent | |||
| specified periods throughout the guaranteed term. | |||
| 5.03 | Deposit Period | ||
| A deposit period is the period of time we determine during which we accept allocations (Contributions, | |||
| Transfers, or reinvestments) to one or more guaranteed terms. We reserve the right to extend the deposit | |||
| period. | |||
| 5.04 | Guaranteed Term | ||
| A guaranteed term is the period of time for which we guarantee the declared interest rate for allocations | |||
| (Contributions, Transfers, or reinvestments) to GAA guaranteed terms. We may offer guaranteed terms | |||
| ranging in duration from one to ten years. During each deposit period, we may offer more than one | |||
| guaranteed term of varying lengths. The guaranteed term begins the day after the deposit period ends. The | |||
| Contract Holder or a Participant, as applicable, may allocate Contributions or Transfers to any or all | |||
| guaranteed terms available in the current deposit period. | |||
| 5.05 | Guaranteed Term Groups | ||
| A guaranteed term group is comprised of all GAA guaranteed terms of the same duration. | |||
| 5.06 | Maturity Date, Maturity Value and Reinvestment | ||
| The Maturity Date is the last day of a guaranteed term. The maturity value is the amount we pay at the end | |||
| of a guaranteed term. At least 18 calendar days before any guaranteed term Maturity Date, we notify the | |||
| Contract Holder or a Participant, as applicable, of the projected maturity value and the guaranteed terms | |||
| (and the guaranteed interest rates for each) available during the then-current deposit period. The Contract | |||
| Holder, or a Participant, as applicable, may then tell us how to allocate the maturity value. | |||
| If the Contract Holder or a Participant, as applicable, does not tell us how to reinvest the maturity value, we | |||
| reinvest it in a guaranteed term of the same duration if one is available. If no guaranteed term of the same | |||
| duration is available, we reinvest the maturity value in the guaranteed term with the next shortest duration. If | |||
| no shorter guaranteed term is available, we reinvest the maturity value in the next longest term. We mail a | |||
| confirmation of reinvestment. The confirmation includes the guaranteed term in which we have reinvested | |||
| the maturity value and the guaranteed interest rate for that term. | |||
| If we have reinvested the maturity value, during the month following the Maturity Date, the Contract Holder | |||
| or a Participant, as applicable, may Transfer or Withdraw the reinvested amount, with interest earned (as of | |||
| the date we receive the request) without incurring a market value adjustment (see 5.08). | |||
| 5.07 | Transfers and Withdrawals from the GAA | ||
| Except as noted below, the Contract Holder or a Participant, as applicable, may Transfer any portion or all | |||
| of the amount held in the GAA. Transfers or Withdrawals before the Maturity Date may be subject to a | |||
| market value adjustment (see 5.08). Amounts invested in a guaranteed term may not be transferred during | |||
| the deposit period or for a period of 90 calendar days after the close of the deposit period. | |||
| Unless directed otherwise, when the Contract Holder or a Participant, as applicable, requests a Transfer or | |||
| Withdrawal from the GAA, we withdraw amounts proportionately from each guaranteed term in which the | |||
| Individual Account is invested. Within a guaranteed term group, we withdraw first from the oldest deposit | |||
| period and then from the next oldest and so on until the amount requested is withdrawn. | |||
| 5.08 | Application of the Market Value Adjustment | ||
| Transfers or Withdrawals from the GAA before the Maturity Date are subject to a market value adjustment, | |||
| except for: | |||
| (a) | A one-month period following the Maturity Date on which we have automatically reinvested the value | ||
| on the Maturity Date; | |||
| G | -CDA(FL)-10 | 11 | |
| (b) | Distributions under certain systematic distribution options; and | ||
| (c) | When the Withdrawal is equal to the minimum distribution amount required under the Code, using a | ||
| method permitted by the Code and which we offer. | |||
| For Withdrawals and Transfers from the GAA made (1) within six months of a Participant's death; or (2) to | |||
| purchase Annuity payments under a life-contingent Annuity option, the amount withdrawn from the GAA is | |||
| the greater of: | |||
| (a) | The aggregate market value adjustment amount which is the sum of all market value adjusted | ||
| amounts calculated due to a Withdrawal before the Maturity Date (which may be positive or | |||
| negative); or | |||
| (b) | The amount in the GAA. | ||
| For ▇▇▇▇▇▇▇▇▇▇▇ made after the six month period following death, the Withdrawal or Transfer amount is the | |||
| aggregate MVA amount. | |||
| A MVA applies to amounts withdrawn to purchase Annuity payment under a period certain Annuity option. | |||
| We may change the GAA market value adjustment by notifying the Contract Holder in writing at least 90 | |||
| calendar days before the change becomes effective. Any such change will apply only to guaranteed terms | |||
| offered in deposit periods after the date the change becomes effective and will apply to existing and new | |||
| Individual Accounts. | |||
| 5.09 | GAA Market Value Adjustment (MVA) | ||
| The market value adjustment is calculated using the GAA Market Value Adjustment (MVA) formula on | |||
| Contract Schedule I. | |||
| Section 6. Transfers, Withdrawals and Distributions | |||
| 6.01 | Transfers | ||
| During the Accumulation Phase, the Contract Holder or a Participant, as applicable, may Transfer all or any | |||
| portion of the Individual Account value among the available Investment Options under the Contract. The | |||
| Individual Account value on any amount transferred from a Fund will be based on the Fund's accumulation | |||
| unit value next determined after we receive the Transfer request in Good Order at our Home Office. | |||
| The Contract Holder or a Participant, as applicable, may request a Transfer by properly completing a | |||
| Transfer request form and sending it to our Home Office, or by otherwise complying with our administrative | |||
| procedures. We reserve the right to establish a minimum Transfer amount. | |||
| 6.02 | Withdrawals | ||
| As allowed by the Plan and any restrictions, limitations, or charges provided for under this Contract, if | |||
| applicable, and subject to provisions of the Code (see 6.03), during the Accumulation Phase, the Contract | |||
| Holder or a Participant, as applicable, may withdraw any portion or all of the Individual Account value. For | |||
| Code Section 403(b) Plans, 401 and governmental 457 Plans, a Participant or the surviving spousal | |||
| beneficiary of a deceased Participant (or a Participant's spouse or former spouse who is an alternate payee | |||
| under a domestic relations order, as defined in Section 414(p) of the Code) who is entitled to an eligible | |||
| rollover distribution may elect to have any portion of an eligible rollover distribution (as defined in Section | |||
| 402(c)(4) of the Code) from the Plan paid directly to an eligible retirement plan (as defined in Section | |||
| 402(c)(8)(B) of the Code) or paid directly to a ▇▇▇▇ individual retirement annuity or a ▇▇▇▇ individual | |||
| retirement account as a qualified rollover contribution (as defined in Section 408A(e) of the Code), as | |||
| specified by the Participant, beneficiary or spouse in a direct rollover. A beneficiary who at the time of the | |||
| Participant's death was neither the spouse of the Participant nor the spouse or former spouse of the | |||
| Participant who is an alternate payee under a qualified domestic relations order may elect to have any | |||
| portion of an eligible rollover distribution directly rolled over only to an individual retirement account or | |||
| individual retirement annuity (IRA) that has been established on behalf of the beneficiary as an inherited IRA | |||
| (within the meaning of Section 408(d)(3)(C) of the Code), to the extent permitted under the Plan. | |||
| G | -CDA(FL)-10 | 12 | |
| The Individual Account value of any amount withdrawn from a Fund will be based on the Fund's | |||
| accumulation unit value next determined after we receive the Transfer request in Good Order. | |||
| The Contract Holder or a Participant, as applicable, may request a Withdrawal by properly completing a | |||
| Withdrawal request form and forwarding it to our Home Office, or by otherwise complying with our | |||
| administrative procedures. Unless the Contract Holder or a Participant, as applicable, requests otherwise, | |||
| the Withdrawal will be made proportionately from the Investment Options under the Contract in which the | |||
| Individual Account is invested. | |||
| A Withdrawal Charge may apply to amounts withdrawn (see 6.04). In addition, a market value adjustment | |||
| may apply to amounts withdrawn from the GAA (see 5.08 and 5.09) and limitations may apply to | |||
| Withdrawals from the Fixed Plus Account II (see 4.04). | |||
| 6.03 | Withdrawal Restrictions Under the Code | ||
| The Code may impose restrictions on the amount and timing of Withdrawals. The restrictions applicable to | |||
| this Contract are shown on Contract Schedule I under Withdrawal Restrictions Under the Code. Withdrawals | |||
| that do not comply with the Code may be subject to tax penalties. | |||
| 6.04 | Withdrawal Charge | ||
| During the Accumulation Phase, we may deduct a Withdrawal Charge from the Individual Account value | |||
| withdrawn. The charge, if any, is a percentage of the amount withdrawn from the Funds and/or Fixed | |||
| Interest Options (except, if applicable, the Fixed Plus Account II). | |||
| The Withdrawal Charge, if any, is shown on Contract Schedule I under Withdrawal Charge. | |||
| 6.05 | Waiver of Withdrawal Charge | ||
| The Withdrawal Charge (see 6.04) does not apply in any of the circumstances shown on Contract Schedule | |||
| I under Waiver of Withdrawal Charge. | |||
| In addition, we reserve the right to reduce, waive or eliminate the Withdrawal Charge. | |||
| 6.06 | Reinstatement | ||
| Within 30 calendar days after a Withdrawal, the Contract Holder or a Participant, as applicable may elect to | |||
| reinstate all or a portion of the proceeds of a full Withdrawal if allowed by applicable law. We must receive | |||
| the reinstated amount within 60 calendar days of the Withdrawal. | |||
| Any maintenance fee and Withdrawal Charge imposed at the time of the Withdrawal is included in the | |||
| reinstatement. If only a portion of the amount withdrawn is reinstated, the amount of any maintenance fee | |||
| and Withdrawal Charge deducted will be restored proportionally. Any maintenance fee which falls due after | |||
| the Withdrawal and before reinstatement is deducted from the amount reinstated. | |||
| The amount of any market value adjustment deducted from any amount withdrawn from GAA is not included | |||
| in the amount reinstated. Any amount reinstated to the GAA will be credited to guaranteed terms available in | |||
| the current deposit period and will be reinvested in a guaranteed term of the same duration if one is | |||
| available. If no guaranteed term of the same duration is available, we reinvest the maturity value in the | |||
| guaranteed term with the next shortest duration. If no shorter guaranteed term is available, we reinvest the | |||
| maturity value in the next longest term. | |||
| Amounts are reinstated among the Investment Options under the Contract in the same proportion as they | |||
| were held at the time of Withdrawal. | |||
| The number of accumulation units reinstated to any Fund is based on the accumulation unit values next | |||
| computed after we receive the reinstatement request in Good Order at our Home Office. | |||
| Reinstatement is permitted only once. | |||
| G | -CDA(FL)-10 | 13 | |
| 6.07 | Required Distributions | ||
| While an Individual Account remains in the Accumulation Phase, the Code may require distribution of all or a | |||
| portion of the Individual Account value. The Contract Holder, a Participant or Contract beneficiary, as | |||
| applicable, must tell us when to begin distributions. We have no responsibility for adverse tax consequences | |||
| as the result of the Contract Holder, Participant or Contract beneficiary, as applicable, not complying with | |||
| minimum distribution requirements. | |||
| The distribution requirements, if any, are shown on Contract Schedule I under Required Distributions. | |||
| Generally, to meet distribution requirements, the Contract Holder, a Participant or Contract beneficiary, as | |||
| applicable, may request partial Withdrawals, a systematic distribution option (see 6.08) or an Annuity option. | |||
| 6.08 | Systematic Distribution Options (SDOs) | ||
| During the Accumulation Phase, we may offer one or more distribution options under which we make | |||
| regularly scheduled automatic partial distributions of the Individual Account value. To request an SDO, the | |||
| Contract Holder, a Participant or Contract beneficiary, as applicable, must complete an SDO election form | |||
| and forward it to our Home Office. | |||
| Each option is available without discrimination to any class of contracts. The availability of any specific | |||
| option may be subject to terms and conditions applicable to that option. We may discontinue the availability | |||
| of an SDO option for future election. Payments will, however, continue to Participants who elected the | |||
| option before the date it is no longer available. | |||
| 6.09 | Individual Account Termination | ||
| If Contributions have not been made for a period of two full years and the guaranteed monthly benefit under | |||
| the Annuity options would be less than $20 per month, then we may terminate an Individual Account by | |||
| payment of the Individual Account value. Before we do this, we notify the Contract Holder or Participant, as | |||
| applicable, 90 calendar days in advance. | |||
| Section 7. Loans | |||
| 7.01 | Loan Availability | ||
| Contract Schedule I indicates whether loans are available under this Contract. If available, a loan | |||
| endorsement is included as part of this Contract. | |||
| Section 8. Death Benefit During the Accumulation Phase | |||
| 8.01 | Death Benefit | ||
| If a Participant dies during the Accumulation Phase, we pay a death benefit. The amount of the death | |||
| benefit is the Individual Account value as of the next Valuation Date following our receipt of acceptable proof | |||
| of death at our Home Office (see 5.08 for amounts in the GAA). | |||
| 8.02 | Contract Beneficiary | ||
| The Contract beneficiary is shown on Contract Schedule I under Contract beneficiary. Generally, the | |||
| Participant may name a beneficiary under the Plan (the Plan beneficiary). If allowed by the Plan, when | |||
| designating the beneficiary, the Contract Holder or a Participant, as applicable, may specify, the form of | |||
| payment as permitted by the Code. The Contract beneficiary and the form of payment, if applicable, may be | |||
| designated or changed in writing or as we may otherwise allow in our administrative procedures. | |||
| 8.03 | Distribution of Death Benefit | ||
| Generally, if the Plan beneficiary is the Participant's surviving spouse, distribution of the death benefit must | |||
| begin no later than the year the Participant would have attained age 70 1/2 or any other date allowed under | |||
| federal law or regulations. | |||
| G | -CDA(FL)-10 | 14 | |
| If the Plan beneficiary is not the Participant's surviving spouse, generally, the death benefit must be used to | |||
| purchase Annuity payments within one year of the year of the Participant's death or otherwise paid within | |||
| five years of the year of the Participant's death. | |||
| Annuity payments to a Plan beneficiary may not extend beyond the period specified in the Code. | |||
| Part II. Annuity Phase | |||
| Section 9. General Provisions | |||
| 9.01 | Election | ||
| The Contract Holder, a Participant, or Contract or Plan beneficiary, as applicable, may elect an Annuity | |||
| option by properly completing an election form and forwarding it to our Home Office no later than 30 | |||
| calendar days before the desired first Annuity payment date. All Annuity option elections must comply with | |||
| any Plan requirements and regulatory requirements including the Code minimum distribution requirements. | |||
| All or any portion of the Individual Account value (after the deduction of any applicable Premium Tax) may | |||
| be used to purchase Annuity payments (for amounts from the GAA, see 5.08). | |||
| The Contract Holder, a Participant, or Contract or Plan beneficiary, as applicable, must also select the | |||
| Investment Options under the Contract (see 9.05). | |||
| Once payments begin, an Annuity option may not be revoked, nor may any amount be withdrawn except as | |||
| noted below. | |||
| 9.02 | Annuity Options | ||
| The Contract Holder, a Participant, or Contract or Plan beneficiary, as applicable, must elect one of the | |||
| following Annuity options. The attached Annuity purchase rate tables provide our current guaranteed Annuity | |||
| purchase rates with respect to each option. | |||
| Option 1: Payments for a Stated Period | |||
| This option provides payments for a stated period. The number of years in the stated period must fall within | |||
| the range shown on Contract Schedule II under Payment Period. | |||
| If payments for this option are under a Variable Annuity, the present value of any remaining payments may | |||
| be withdrawn at any time. If a Withdrawal is requested within five years of the first payment, the lump-sum | |||
| payment is treated as a Withdrawal during the Accumulation Phase and any applicable Withdrawal Charge | |||
| applies (see 6.04). | |||
| If the payments are fixed-only, an annual increase of one, two or three percent (compounded annually) may | |||
| be elected at the time the Annuity option is chosen (if permitted by the Code). | |||
| Option 2: Life Income for One Annuitant | |||
| This option provides payments for the life of the Annuitant. If this option is elected, the Contract Holder, a | |||
| Participant, or Contract or Plan beneficiary, as applicable, must also choose one of the following: | |||
| (a) | Payments cease at the death of the Annuitant; or | ||
| (b) | Payments are guaranteed for a period within the range shown on Contract Schedule II under | ||
| Payment Period. | |||
| If the payments are fixed-only, an annual increase of one, two or three percent (compounded annually) may | |||
| be elected at the time the Annuity option is chosen (if permitted by the Code). | |||
| Option 3: Life Income for Two Annuitants | |||
| This option provides payments for the lives of the Annuitant and a second Annuitant. Payments continue | |||
| until both Annuitants have died. If this option is elected, the Contract Holder, a Participant, or Contract or | |||
| Plan beneficiary as applicable, must also choose one of the following: | |||
| (a) | 100% of the payment amount to continue after the first death; or | ||
| (b) | 66 2/3% of the payment amount to continue after the first death; or | ||
| G | -CDA(FL)-10 | 15 | |
| (c) | 50% of the payment amount to continue after the first death; or | ||
| (d) | 100% of the payment amount to continue after the first death with payments guaranteed to the | ||
| beneficiary after the second death for a period within the range shown on Contract Schedule II under | |||
| Payment Period; or | |||
| (e) | 100% of the payment amount to continue at the death of the specified second Annuitant and 50% of | ||
| the payment amount to continue at the death of the specified Annuitant. | |||
| Under (a) or (d), if the payments are fixed-only, an annual increase of one, two or three percent | |||
| (compounded annually) may be elected at the time the Annuity option is chosen (if permitted by the Code). | |||
| Other Options | |||
| As allowed under applicable state law, we reserve the right to make other options available. | |||
| 9.03 | Mortality Table | ||
| The mortality table for this Contract is shown on Contract Schedule II under Mortality Table. | |||
| 9.04 | Payments | ||
| The first payment amount must be at least $100 per month or $500 per year. We reserve the right to | |||
| increase the minimum first payment amount, if allowed by state law, based on increases reflected in the | |||
| Consumer Price Index-Urban (CPI-U) since January 1, 2009. | |||
| To calculate the first payment of a variable Annuity or the guaranteed payments for a fixed Annuity, we will | |||
| use the Annuitant's adjusted age and, if applicable, the second Annuitant's adjusted age. The Annuitant's | |||
| adjusted age and, if applicable, the second Annuitant's adjusted age is the person's age as of the birthday | |||
| closest to the day Annuity payments begin, reduced as follows: | |||
| (a) | Reduced by one year for payments beginning before January 1, 2014; | ||
| (b) | Reduced by two years for payments beginning during the period from January 1, 2014 through | ||
| December 31, 2023; | |||
| (c) | Starting on January 1, 2024, reduced by one additional year for payments beginning in each | ||
| succeeding ten year period. | |||
| If a fixed Annuity is elected, we will use the applicable current settlement option rates if they will provide | |||
| higher fixed Annuity payments. | |||
| 9.05 | Investment Options | ||
| When an Annuity option is elected, the Contract Holder, a Participant, or Contract or Plan beneficiary, as | |||
| applicable, must elect: | |||
| (a) | A fixed Annuity for which the underlying investment is our General Account; | ||
| (b) | A variable Annuity for which the underlying investment is one or more of the available Funds; or | ||
| (c) | A combination of (a) and (b). | ||
| For a variable Annuity, the maximum number of Funds available during the Annuity Phase is shown on | |||
| Contract Schedule II under Maximum Number of Funds. The Funds available during the Annuity Phase | |||
| might not be the same as those available during the Accumulation Phase. | |||
| 9.06 | Fixed Annuity Minimum Guaranteed Interest Rate | ||
| For a fixed Annuity, the interest rate will never be less than the minimum guaranteed rate shown on | |||
| Contract Schedule II under Fixed Annuity Minimum Guaranteed Interest Rate. | |||
| G | -CDA(FL)-10 | 16 | |
| 9.07 | Variable Annuity Assumed Annual Net Return Rate Election | ||
| If a variable Annuity is elected, the initial Annuity payment for the option elected will reflect the assumed | |||
| annual net return rate of 3.5%. If subsequent Annuity payments are to remain level, the Separate Account | |||
| must earn this rate, plus enough to cover the mortality and expense risk charge shown on Contract | |||
| Schedule II under Daily Charges to the Separate Account plus any applicable administrative charge. | |||
| 9.08 | Variable Annuity Transfers | ||
| If a variable Annuity is elected, the Contract Holder, a Participant, or Contract or Plan beneficiary, as | |||
| applicable, may request that we Transfer all or a portion of the amount allocated to a Fund to any other | |||
| available Fund. Transfer requests must be expressed as a percentage of the allocation among the Funds on | |||
| which the variable payment is based. The number of Transfers allowed each calendar year is shown on | |||
| Contract Schedule II under Number of Annual Transfers Among Funds. We reserve the right to allow | |||
| additional Transfers. Transfers are effective as of the next Valuation Date following our receipt of a Transfer | |||
| request in Good Order at our Home Office. | |||
| 9.09 | Fund Annuity Units | ||
| The number of Fund Annuity units is based on the amount of the first variable Annuity payment which is | |||
| equal to: | |||
| (a) | The portion of the Individual Account value (minus any applicable Premium Tax) used to purchase a | ||
| variable Annuity; divided by | |||
| (b) | One thousand; multiplied by | ||
| (c) | The payment rate for the option chosen. | ||
| Such amount, or portion of the variable payment, will be divided by the appropriate Fund's, or Funds', | |||
| Annuity unit value (see 9.10) on the tenth Valuation Date before the due date of the first payment to | |||
| determine the number of Fund Annuity units. The number of each Fund's Annuity units remains fixed unless | |||
| changed by a subsequent Fund Transfer or if the Annuity option provides for a change in units (i.e., under | |||
| life income for two annuitants option after the first death). Each future payment is equal to the sum of the | |||
| products of each Fund's Annuity unit value multiplied by the appropriate number of units. The Fund Annuity | |||
| unit value on the tenth Valuation Date before the payment due date is used. | |||
| 9.10 | Fund Annuity Unit Value | ||
| For any Valuation Date, a Fund's Annuity unit value is equal to: | |||
| (a) | The Annuity unit value for the prior Valuation Date; multiplied by | ||
| (b) | The Annuity net return factor (see 9.11) for the current Valuation Date; multiplied by | ||
| (c) | The factor for an assumed annual net return rate of 3.5% which is 0.9999058. | ||
| The dollar value of a Fund Annuity unit and the amount of a variable Annuity payment may increase or | |||
| decrease due to investment gain or loss. We will not change the payment amount due to changes in | |||
| mortality, expense results, or the administrative charge. | |||
| 9.11 | Fund Annuity Net Return Factor | ||
| The Annuity net return factor is used to compute all variable Annuity payments for any Fund. | |||
| The net return factor(s) for each Fund is equal to 1.0000000 plus the net return rate. | |||
| The net return rate equals: | |||
| [a - b - c] | |||
| ------------- - e | |||
| d | |||
| G | -CDA(FL)-10 | 17 | |
| Where: | |||
| a is | the value of the shares of the Fund held by the Separate Account on the current Valuation Date; | ||
| b is | the value of the shares of the Fund held by the Separate Account on the prior Valuation Date; | ||
| c is | taxes or provisions for taxes, if any, on the Separate Account (with any federal income tax liability | ||
| offset by foreign tax credits to the extent allowed); | |||
| d is | the total value of the accumulation units and Annuity units of the Separate Account on the prior | ||
| Valuation Date; | |||
| e is | Separate Account daily charges for mortality and expense risk and a daily administrative charge as | ||
| shown on Contract Schedule II under Daily Charges to the Separate Account. | |||
| A net return rate may be more or less than 0%. The value of a share of a Fund is equal to the net assets of | |||
| the Fund divided by the number of shares outstanding. | |||
| 9.12 | Death Benefit During the Annuity Phase | ||
| The Contract Holder or a Participant, as applicable, must name a beneficiary for the Annuity Phase. Unless | |||
| not allowed by the Plan, or restricted by the Contract Holder, or a Participant, as applicable, the beneficiary | |||
| may name a beneficiary. | |||
| If an Annuitant(s) dies, any remaining guaranteed payments continue to the beneficiary. Payments are made | |||
| at least as rapidly as provided by the option in effect at the death of the Annuitant. Annuity payments to a | |||
| beneficiary may not extend beyond (1) the life of the beneficiary, or (2) any period certain greater than the | |||
| beneficiary's life expectancy as determined by the Code. | |||
| The beneficiary may also elect a lump-sum payment equal to the present value of any remaining payments. | |||
| The interest rate used to determine the first Annuity payment is used to calculate the present value. The | |||
| present value is determined as of the next Valuation Date following our receipt of acceptable proof of death | |||
| and a written claim for the death benefit. | |||
| Unless not allowed by the Plan or restricted by the Contract Holder, or a Participant, as applicable, if the | |||
| beneficiary dies while receiving payments, the present value of any remaining guaranteed payments is paid | |||
| in a lump-sum to the beneficiary's beneficiary or to the beneficiary's estate. | |||
| 9.13 | Charges to the Separate Account | ||
| During the Annuity Phase, we may deduct a mortality and expense risk charge from the Individual Account | |||
| value invested in the Separate Account. In addition, we reserve the right to impose an administrative | |||
| charge. | |||
| The maximum charges to the Separate Account are shown on Contract Schedule II under Daily Charges to | |||
| the Separate Account. If applicable, the charges are deducted daily. | |||
| G | -CDA(FL)-10 | 18 | |
| OPTION 1: Payments for a Stated Period | ||||||
| Monthly Amount for Each $1,000* | ||||||
| Rates for a Fixed Annuity with a 1% Guaranteed Interest Rate | ||||||
| Years | Payment | Years | Payment | |||
| 5 | $ | 17.08 | 20 | $ | 4.59 | |
| 10 | 8.75 | 25 | 3.76 | |||
| 15 | 5.98 | 30 | 3.21 | |||
| First Monthly Amount for Each $1,000* | ||||||
| Rates for a Variable Annuity with a 3.5% Assumed Interest Rate (AIR) | ||||||
| Years | Payment | Years | Payment | |||
| 5 | $ | 18.12 | 20 | $ | 5.75 | |
| 10 | 9.83 | 25 | 4.96 | |||
| 15 | 7.10 | 30 | 4.45 | |||
| * Net of any applicable Premium Tax deduction | ||||||
| G-CDA(FL)-10 | 19 | |||||
| Option 2: Life Income for One Annuitant** | |||||||||||
| Monthly Payment Amount for Each $1,000* | |||||||||||
| Rates for a Fixed Annuity Payment with 1% Guaranteed Interest Rate | |||||||||||
| Option 2(a): | Option 2(b): | Option 2(b): | Option 2(b): | Option 2(b): | |||||||
| Adjusted | payments for | payments | payments | payments | payments | ||||||
| Age of | life | guaranteed | guaranteed | guaranteed | guaranteed | ||||||
| Annuitant | 5 years | 10 years | 15 years | 20 years | |||||||
| 55 | $ | 3.20 | $ | 3.19 | $ | 3.18 | $ | 3.14 | $ | 3.08 | |
| 60 | 3.67 | 3.66 | 3.62 | 3.55 | 3.43 | ||||||
| 65 | 4.30 | 4.27 | 4.19 | 4.04 | 3.80 | ||||||
| 66 | 4.45 | 4.42 | 4.33 | 4.15 | 3.87 | ||||||
| 70 | 5.17 | 5.12 | 4.93 | 4.60 | 4.14 | ||||||
| 75 | 6.41 | 6.27 | 5.83 | 5.15 | 4.40 | ||||||
| First Monthly Payment Amount for each $1,000* | |||||||||||
| Rates for a Variable Annuity Payment with 3.5% Assumed Interest Rate | |||||||||||
| Option 2(a): | Option 2(b): | Option 2(b): | Option 2(b): | Option 2(b): | |||||||
| Adjusted | payments for | payments | payments | payments | payments | ||||||
| Age of | life | guaranteed | guaranteed | guaranteed | guaranteed | ||||||
| Annuitant | 5 years | 10 years | 15 years | 20 years | |||||||
| 55 | 4.57 | 4.56 | 4.53 | 4.47 | 4.40 | ||||||
| 60 | 5.03 | 5.01 | 4.96 | 4.86 | 4.71 | ||||||
| 65 | 5.67 | 5.63 | 5.52 | 5.32 | 5.04 | ||||||
| 66 | 5.82 | 5.78 | 5.65 | 5.42 | 5.11 | ||||||
| 70 | 6.56 | 6.48 | 6.23 | 5.84 | 5.35 | ||||||
| 75 | 7.83 | 7.64 | 7.10 | 6.35 | 5.58 | ||||||
| * Net of any applicable Premium Tax deduction | |||||||||||
| **Rates are based on mortality from Annuity 2000 Table. The rates do not differ by sex. | |||||||||||
| Rates for ages not shown will be provided on request and will be computed | |||||||||||
| on a basis consistent with the rates in the above tables. | |||||||||||
| G | -CDA(FL)-10 | 20 | |||||||||
| Option 3: Life Income for Two Annuitants** | ||||||||||||
| First Monthly Payment Amount for Each $1,000* | ||||||||||||
| Rates for a Fixed Annuity Payment with 1.0% Guaranteed Interest Rate | ||||||||||||
| Adjusted Ages | Payments | |||||||||||
| guaranteed | ||||||||||||
| Primary | Secondary | 10 years | ||||||||||
| Annuitant | Annuitant | Option 3(a) | Option 3(b) | Option 3(c) | Option 3(d) | Option 3(e) | ||||||
| 55 | 50 | $ | 2.57 | $ | 2.85 | $ | 3.01 | $ | 2.57 | $ | 2.85 | |
| 55 | 60 | 2.87 | 3.21 | 3.42 | 2.86 | 3.02 | ||||||
| 65 | 60 | 3.25 | 3.69 | 3.96 | 3.25 | 3.70 | ||||||
| 65 | 70 | 3.76 | 4.34 | 4.69 | 3.75 | 4.01 | ||||||
| 75 | 70 | 4.46 | 5.23 | 5.73 | 4.43 | 5.26 | ||||||
| 75 | 80 | 5.45 | 6.50 | 7.20 | 5.31 | 5.90 | ||||||
| First Monthly Payment Amount for Each $1,000* | ||||||||||||
| Rates for a Variable Annuity Payment with 3.5% Assumed Interest Rate | ||||||||||||
| Adjusted Ages | payments | |||||||||||
| guaranteed | ||||||||||||
| Primary | Secondary | 10 years | ||||||||||
| Annuitant | Annuitant | Option 3(a) | Option 3(b) | Option 3(c) | Option 3(d) | Option 3(e) | ||||||
| 55 | 50 | $ | 3.91 | $ | 4.22 | $ | 4.39 | $ | 3.91 | $ | 4.21 | |
| 55 | 60 | $ | 4.18 | $ | 4.57 | $ | 4.79 | $ | 4.18 | $ | 4.37 | |
| 65 | 60 | $ | 4.55 | $ | 5.04 | $ | 5.33 | $ | 4.54 | $ | 5.05 | |
| 65 | 70 | $ | 5.05 | $ | 5.69 | $ | 6.08 | $ | 5.03 | $ | 5.34 | |
| 75 | 70 | $ | 5.74 | $ | 6.60 | $ | 7.14 | $ | 5.69 | $ | 6.63 | |
| 75 | 80 | $ | 6.74 | $ | 7.90 | $ | 8.65 | $ | 6.56 | $ | 7.24 | |
| * Net of any applicable Premium Tax deduction | ||||||||||||
| **Rates are based on mortality from Annuity 2000 Table. The rates do not differ by sex. | ||||||||||||
| Rates for ages not shown will be provided on request and will be computed | ||||||||||||
| on a basis consistent with the rates in the above tables. | ||||||||||||
| G | -CDA(FL)-10 | 21 | ||||||||||
| This page is intentionally left blank. |
| Voya Retirement Insurance and Annuity Company | ||||||
| ENDORSEMENT | ||||||
| The Contract or Certificate, if applicable, is hereby endorsed as follows: | ||||||
| 1 | . | The Loan Account provision is added to the Section entitled Definitions: | ||||
| Loan Account: An accounting device used to keep a record of loan activity. For each loan, an amount equal to | ||||||
| the loan amount is transferred from the Investment Options in which the Individual Account is invested and is | ||||||
| credited to the Loan Account. The Loan Account is then credited with interest at a rate which is not less than the | ||||||
| Loan Interest Rate, less 2.5%, on an annual basis. | ||||||
| These provisions become effective: | ||||||
| . | For all loans issued on or after January 1, 2002. | |||||
| . | For all loans which provide for reamortization and were issued prior to January 1, 2002, on the first loan | |||||
| anniversary occurring in 2002. | ||||||
| 2 | . | For all loans which are effective on or after January 1, 2002, the following loan provisions apply: | ||||
| Loan Effective Date: The date the Company's Home Office has received a loan request form and any other | ||||||
| required forms in good order. However, for loan requests received on the 29th, 30th or 31st of any calendar | ||||||
| month that are otherwise in good order, the Loan Effective Date will be the first business day of the following | ||||||
| month. | ||||||
| Loan Interest Rate: The interest rate the Company charges on a loan. | ||||||
| Monthly Average Corporates: Moody's Corporate Bond Yield Average-Monthly Average Corporates published | ||||||
| by ▇▇▇▇▇'▇ Investor Service, or its successor, or a substantially similar average as may be allowed by law or | ||||||
| regulation. | ||||||
| Loans: During the Accumulation Phase, loans are granted (1) as permitted under applicable law; (2) subject to | ||||||
| the terms and conditions of the loan agreement; and (3) in accordance with the following provisions: | ||||||
| (a) Amount available for loan: The amount available for loan is limited to the vested Individual Account | ||||||
| Value attributable to Participant contributions subject to any Plan vesting limits as determined by the | ||||||
| Contract Holder , plus any additional amounts allowed by the Plan as determined by the Contract Holder. | ||||||
| Amounts available from some Investment Options may be subject to limitations specified in the loan | ||||||
| agreement. To obtain the requested loan amount, these limitations may require a transfer of Funds from | ||||||
| certain Investment Options. A Market Value Adjustment may apply to amounts transferred from the | ||||||
| Guaranteed Accumulation Account (if applicable). The amount, if any, from the Fixed Plus Account II (if | ||||||
| applicable) may be subject to a default charge if the Participant defaults on the loan. | ||||||
| For plans subject to ERISA, the minimum loan amount is $1,000. For plans not subject to ERISA, the | ||||||
| minimum loan amount is defined in the loan agreement. | ||||||
| A loan is not available from an Individual Account established for employee designated ▇▇▇▇ contributions | ||||||
| ("Participant ▇▇▇▇ Account"). The Participant ▇▇▇▇ Account is excluded from the calculation of the amount | ||||||
| available for loan. The amount available for a full or partial withdrawal from a Participant ▇▇▇▇ Account will | ||||||
| not be reduced by any outstanding loan balance. | ||||||
| The maximum loan amount is the lesser of: | ||||||
| (1 | ) | Fifty percent (50%) of the vested Individual Account Value, including the amount, if any, in the Loan | ||||
| Account, reduced by the amount of any outstanding loan balance on the Loan Effective Date; or | ||||||
| (2 | ) | Fifty thousand dollars ($50,000) reduced by the highest outstanding loan balance for the preceding 12 | ||||
| months. | ||||||
| The total amount of all outstanding loans cannot exceed $50,000. | ||||||
| E | -MMLOAN(FL)-10 | |||||
| (b) | Loan Interest Rate: | |||
| (1 | ) | For plans subject to ERISA: The Company will set a Loan Interest Rate on the first business day of | ||
| each month. The interest rate will be equal to the Monthly Average Corporates for the calendar month | ||||
| beginning two months before the Loan Interest Rate is effective. The initial interest rate for each loan | ||||
| is the rate for the calendar month in which the Loan Effective Date occurs. The initial interest rate is | ||||
| effective for a period of time not less than three months and not more than one year. The period is | ||||
| specified in the loan agreement. For each subsequent period, the interest rate is adjusted if the new | ||||
| rate is at least 0.5% higher or lower than the current interest rate. The Company will provide written | ||||
| notification of any change to the Loan Interest Rate. | ||||
| (2 | ) | For plans not subject to ERISA: The Loan Interest Rate will not be greater than 8% on an annual | ||
| basis. | ||||
| (c) | Loan Repayment: A loan may be repaid as described in the loan agreement, or paid in full at any time. | |||
| (d) | Partial Withdrawal(s) While A Loan Is Outstanding: The amount available for partial Withdrawal while a | |||
| loan is outstanding is equal to the vested Individual Account Value, including the Loan Account, minus | ||||
| 125% of the outstanding loan balance. | ||||
| (e) | Full Withdrawal While A Loan Is Outstanding: When a full Withdrawal is requested while a loan is | |||
| outstanding, one of the following occurs: | ||||
| (1 | ) | If the vested Individual Account Value available for distribution is sufficient to repay (a) the | ||
| outstanding loan balance plus (b) any applicable Fixed Plus Account II default charge, and (c) any | ||||
| applicable Withdrawal Charge due on the outstanding loan balance, that amount (the total of (a), (b), | ||||
| and (c)) minus the Loan Account balance, is deducted from the vested Individual Account Value, and | ||||
| the loan is canceled. The outstanding loan balance, if not previously reported, will be reported to the | ||||
| Internal Revenue Service as a distribution. | ||||
| (2 | ) | If the vested Individual Account Value available for distribution is not sufficient to repay (a) the | ||
| outstanding loan balance plus (b) any applicable Fixed Plus Account II default charge, and (c) any | ||||
| applicable Withdrawal Charge due on the outstanding loan balance, the Withdrawal amount cannot | ||||
| exceed the vested Individual Account Value, including the Loan Account, minus 125% of the | ||||
| outstanding loan balance and a full Withdrawal cannot be made until the loan is repaid in full. | ||||
| (f) | Electing An Annuity Option While a Loan Is Outstanding: Before all or any portion of the vested | |||
| Individual Account Value is used to purchase Annuity payments, the Participant may repay any outstanding | ||||
| loan balance. Otherwise, the vested Individual Account Value is adjusted to cancel the loan as described in | ||||
| "Full Withdrawal While A Loan Is Outstanding" above. | ||||
| (g) | Death Of The Participant While A Loan Is Outstanding: If a death benefit claim is submitted for an | |||
| Individual Account with an outstanding loan, the vested Individual Account Value, including the amount of | ||||
| the Loan Account, is reduced by the amount of the outstanding loan balance before the death benefit | ||||
| amount is determined. | ||||
| (h) | Loan Default: If the Company does not receive a loan payment when due, the entire outstanding loan | |||
| balance will be in default, will be reported to the IRS on IRS Form 1099-R for the year that the default | ||||
| occurred and will be treated as follows: | ||||
| (1 | ) | If the amount of the vested Individual Account Value available for distribution is sufficient to repay (a) | ||
| the outstanding loan balance plus (b) any applicable Fixed Plus Account II default charge, plus (c) any | ||||
| Withdrawal Charge due on the outstanding loan balance, that amount is deducted from the vested | ||||
| Individual Account Value; or | ||||
| E-MMLOAN(FL)-10 | 2 | |||
| (2 | ) | If the amount of the vested Individual Account Value available for distribution is not sufficient to repay | ||
| (a) the outstanding loan balance plus (b) any applicable Fixed Plus Account II default charge, plus (c) | ||||
| any Withdrawal Charge due on the outstanding loan balance, the Loan Account will continue to earn | ||||
| interest, and interest will continue to be charged on the defaulted amount until it is repaid in its | ||||
| entirety or until there is a sufficient amount in the Individual Account to repay the total amount due in | ||||
| (a), (b), and (c) above. This will generally be when the Participant reaches age 59 1/2 or separates | ||||
| from service. | ||||
| (3 | ) | For all loans effective on and after January 1, 2004, we reserve the right not to grant a loan request if | ||
| the Participant has an outstanding loan in default. | ||||
| (4 | ) | In the event of a loan default, no amount of the outstanding loan balance, Fixed Plus Account II | ||
| default charge or Withdrawal Charge due on the outstanding loan balance will be deducted from the | ||||
| Participant ▇▇▇▇ Account. | ||||
| Endorsed and made a part of the Contract and Certificate, if applicable, on the Effective Date of the Contract and | ||||
| Certificate. | ||||
| You may call the following toll-free number with inquiries, to obtain information regarding coverage, or receive | ||||
| assistance in resolving complaints: ▇-▇▇▇-▇▇▇-▇▇▇▇. | ||||
| /s/▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ President | ||||
| Voya Retirement Insurance and Annuity Company | ||||
| E | -MMLOAN(FL)-10 | 3 | ||
| Voya Retirement Insurance and Annuity Company | ||
| ENDORSEMENT | ||
| This Contract, and the Certificate, if applicable, are endorsed as follows. | ||
| 1 | . | Delete the Loan Account provision and replace with the following: |
| The Loan Account: An accounting device used to keep a record of loan activity. For each loan, an amount | ||
| equal to the loan amount is transferred from the Investment Options in which the Individual Account is invested | ||
| and is credited to the Loan Account. The Loan Account is then credited with interest at a rate equal to the Loan | ||
| Interest Rate. | ||
| 2 | . | The Loan Interest Rate provision is deleted and replaced with the following: |
| Loan Interest Rate: The Company will set a Loan Interest Rate on the first business day of each month. The | ||
| interest rate will be equal to the Moody's Average Corporates for the calendar month beginning two months | ||
| before the Loan Interest Rate is effective. | ||
| If the interest rate is 8% or less, the rate will be fixed for the term of the loan. | ||
| An adjustable interest rate will be applied if the initial interest rate exceeds 8%. The initial interest rate will be | ||
| effective for a period of not less than three months and not more than one year. The initial interest rate and the | ||
| period for which it will apply will be specified in the loan agreement. For each subsequent period, the interest | ||
| rate is adjusted if the new rate is at least 0.5% higher or lower than the current rate. We will provide Participants | ||
| with reasonable notification of any change in the Loan Interest Rate. | ||
| 3 | . | Add the following: |
| Loan Initiation Fee: Loans which are effective on and after the effective date of this endorsement will be | ||
| subject to a fee for loan initiation. This fee will not exceed $100 per loan. The initiation fee will be deducted from | ||
| the vested Individual Account value during the first month of the loan period. | ||
| The Company reserves the right to change the fees charged for loan initiation, but not to exceed $100 per loan. | ||
| Endorsed and made a part of the Contract, and the Certificate, if applicable, on the Effective Date of the Contract and | ||
| Certificate. | ||
| You may call the following toll-free number with inquiries, to obtain information regarding coverage, or receive | ||
| assistance in resolving complaints: ▇-▇▇▇-▇▇▇-▇▇▇▇. | ||
| /s/▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ President | ||
| Voya Retirement Insurance and Annuity Company | ||
| E-LIF-10(XC)(FL) | ||
| Voya Retirement Insurance and Annuity Company | ||||||
| ENDORSEMENT | ||||||
| The Contract or Certificate, whichever is applicable is hereby endorsed as follows: | ||||||
| For purposes of this Endorsement only, partial surrenders are defined as any amounts surrendered, including any loans | ||||||
| taken, any amounts surrendered to satisfy any outstanding interest due associated with a defaulted loan, and any | ||||||
| amounts applied to an income phase payment option. | ||||||
| 1 | . | Delete Section 8.01, Death Benefit, and replace it with the following: | ||||
| (I) | The Company will pay any portion of the Individual Account Value to the beneficiary when: | |||||
| (a) | The Participant dies before Annuity payments start; and | |||||
| (b) | The certified copy of the death certificate and a completed and signed election form is received in | |||||
| Good Order at the Home Office. | ||||||
| (II) | For each Individual Account, the death benefit is guaranteed to be the greater of (a) or (b) below, | |||||
| calculated as of the close of the New York Stock Exchange on the date the certified copy of the death | ||||||
| certificate and a completed and signed election form is received in Good Order at the Home Office: | ||||||
| (a) | The Adjusted Contribution Total, which is the sum of all net Contribution(s) to the Individual Account, | |||||
| adjusted for partial surrender amount(s) (this amount will never be less than zero); or | ||||||
| (b) | The Individual Account Value, excluding the Loan Account, plus aggregate positive MVA, as | |||||
| applicable. | ||||||
| (III) | The Adjusted Contribution Total in (II)(a) is initially equal to the first net Contribution. The Adjusted | |||||
| Contribution Total is then adjusted upon each subsequent net Contribution, loan repayment, or partial | ||||||
| surrender. The adjustment for subsequent net Contribution and loan repayments made will be dollar for | ||||||
| dollar. The adjustment for partial surrender amounts will be proportionate, reducing the Adjusted | ||||||
| Contribution Total in the same proportion that the Individual Account Value, excluding the Loan Account, | ||||||
| was reduced on the date of the partial surrender. The proportionate adjustment on the Adjusted | ||||||
| Contribution Total for each partial surrender is defined as the Adjusted Contribution Total at the time | ||||||
| multiplied by the fraction A divided by B (A/B), where: | ||||||
| A is the Individual Account Value, excluding the Loan Account, immediately after a partial surrender; | ||||||
| and | ||||||
| B is the Individual Account Value, excluding the Loan Account, immediately before a partial surrender. | ||||||
| (IV) | If the amount of the death benefit in (II)(a) is greater than the amount in (II)(b), the Company will deposit | |||||
| the difference to the Individual Account. The amount, if any, will be deposited no later than the business | ||||||
| day following the date the certified copy of the death certificate and a completed and signed election form | ||||||
| is received in Good Order at the Home Office. If the beneficiary in that situation requests an immediate | ||||||
| surrender or annuitization of the account, the amount paid will be the Individual Account Value excluding | ||||||
| the Loan Account, valued no later than the next business day following the date of deposit of the | ||||||
| difference to the Individual Account. | ||||||
| If the amount of the death benefit in (II)(a) is less than the amount in (II)(b) and the beneficiary requests an | ||||||
| immediate surrender or annuitization of the account, the amount paid will be the Individual Account Value | ||||||
| excluding the Loan Account valued no later than the next business day following the business day the | ||||||
| notice of death and the request for payment are received in Good Order at the Home Office. | ||||||
| A beneficiary may alternatively elect to defer distribution of the Individual Account Value as permitted by | ||||||
| the Code. In that situation, the amount paid to the beneficiary upon the actual date of surrender or | ||||||
| annuitization will equal the Individual Account Value, excluding the Loan Account, on the date the payment | ||||||
| request is processed, and the amount paid may be more or less than the amount of the death benefit | ||||||
| determined in (II) above when the notice of death and election of the payment method was received. No | ||||||
| additional death benefit is payable upon the beneficiary's death. | ||||||
| E | -MMGDBP(FL)-10 | 1 | ||||
| 2 | . | Delete Section 8.03, Distribution of Death Benefit, and replace it with the following: | |||
| If the Participant dies before distributions begin in accordance with the provisions of Code Section | |||||
| 401(a) (9), the entire value of the Individual Account must be distributed by December 31 of the calendar | |||||
| year containing the fifth anniversary of the date of the Participant's death. Alternatively, if the Participant | |||||
| has a designated beneficiary, payments may be made over the life of the beneficiary or over a period not | |||||
| extending beyond the life expectancy of the beneficiary provided distribution to a non-spouse beneficiary | |||||
| begins by December 31 of the calendar year following the calendar year of the Participant's death. If the | |||||
| beneficiary is the Participant's spouse, the distribution is not required to begin earlier than December 31 of | |||||
| the calendar year in which the Participant would have attained age 70 1/2, or such later date as may be | |||||
| allowed under Federal law or regulations. | |||||
| If the Participant dies after distributions begin in accordance with the provisions of Code Section 401(a)(9), | |||||
| payments to the beneficiary must be made at least as rapidly as the method of distribution in effect at the | |||||
| time of the Participant's death or such other method of distribution as may be allowed under Federal law or | |||||
| regulations. | |||||
| If no beneficiary exists, the payment will be made to the Participant's estate. | |||||
| Endorsed and made part of the Contract and the Certificate, if applicable, on the Effective Date of the Contract and | |||||
| Certificate, and upon approval. | |||||
| You may call the following toll-free number with inquiries, to obtain information regarding coverage, or receive | |||||
| assistance in resolving complaints: ▇-▇▇▇-▇▇▇-▇▇▇▇. | |||||
| /s/▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ President |
|||||
| Voya Retirement Insurance and Annuity Company | |||||
| E | -MMGDBP(FL)-10 | 2 | |||
| Voya Retirement Insurance and Annuity Company |
| ENDORSEMENT |
| The Contract and the Certificate, if any, is endorsed as follows: |
| The first paragraph of Section 1.16, Maintenance Fee is deleted and replaced with the following: |
| We may deduct a maintenance fee during the Accumulation Phase on a quarterly basis. We reserve the right to |
| change the frequency of the maintenance fee deductions. |
| The total amount of the maintenance fee per year, if any, for this Contract will never be more than the amount |
| shown on Contract Schedule I under Maintenance Fee. The fee, if any, is deducted proportionately from each |
| Investment Option under the Contract in which an Individual Account is invested at the time the fee is deducted. |
| Endorsed and made part of this Contract and the Certificate, if any, on the Effective Date of the Contract. |
| You may call the following toll-free number with inquiries, to obtain information regarding coverage, or receive |
| assistance in resolving complaints: ▇-▇▇▇-▇▇▇-▇▇▇▇. |
| /s/▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ President |
| Voya Retirement Insurance and Annuity Company |
| E-MM2MF-14 |
| This page is intentionally left blank. |
| [Voya logo] Voya Retirement Insurance and Annuity Company | |
| Home Office: ▇▇▇ ▇▇▇▇▇▇ ▇▇▇ | |
| Windsor, Connecticut 06095-4774 | |
| PO Box 990065 | |
| Hartford, CT 06199-0065 | |
| ▇▇▇-▇▇▇-▇▇▇▇ | |
| Group Combination, Deferred Annuity Contract | |
| (Nonparticipating) | |
| G-CDA(FL)-10 | |
