Attached to and made part of Group Annuity Contract No. AC 2100
between
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
and
TRUSTEES OF THE AMERICAN DENTAL ASSOCIATION MEMBERS RETIREMENT TRUST AND OF THE
AMERICAN DENTAL ASSOCIATION MEMBERS POOLED TRUST FOR RETIREMENT PLANS
RIDER NO. 7
IT IS HEREBY AGREED that, effective as of the dates specified herein, said
Contract is amended as described below.
1. As of December 1, 1995, the definition of Aggressive Equity Fund" is
amended to read as follows:
"Aggressive Equity Fund - Equitable's Separate Account No. 200."
2. As of December 9, 1995, the definition of "Balanced Fund" is deleted in
its entirety.
3. As of December 9, 1995, the definition of "Equity Funds" is amended to
read as follows:
"Equity Funds - The ADA Foreign Fund, Aggressive Equity Fund,
Growth Equity Fund, Equity Index Fund, Lifecycle Fund-
Conservative and Lifecycle Fund-Moderate."
4. As of December 9, 1995, the definition of "Funding Account" is amended
to read as follows:
"Funding Account - an account maintained under Article II,
Article III or Section 4.6 to which contributions to the Trusts
are allocated and which is adjusted to reflect, as applicable,
interest, income, gains, losses, penalties, expenses, charges
and fees. The following Funding Accounts will be maintained:
the Five-Year Weekly GRA provided by Equitable, the Money Market
Guarantee, the Aggressive Equity Fund, the Growth Equity Fund,
the Real Estate Fund, the ADA Foreign Fund, the Equity Index
Fund, the Lifecycle Fund-Conservative, the Lifecycle Fund-
Moderate and the GRAs offered by a Major Insurance Carrier
pursuant to Article III."
5. As of December 9, 1995, the first sentence of the definition of
"Separate Account" is amended to read as follows:
"Separate Account - Pooled Separate Account Nos. 4 and 30 and
Separate Account Nos. 191, 195, 197, 198 and 200."
6. As of December 1, 1995, the first sentence of the definition of
"Separate Account" is amended to read as follows:
"Separate Account - Pooled Separate Account Nos. 4 and 30 and
Separate Account Nos. 190, 191, 195, 197, 198 and 200."
7. As of Decemeber 1, 1995, the last paragraph of the definition of
"Separate Account Unit Value" is amended to read as follows:
"The Separate Account Unit Values for the Growth Equity Fund and
the Real Estate Fund were $10.00 as of January 1, 1968 and
August 29, 1986, respectively, the first day those Separate
Accounts were offered as Funding Accounts. The Separate Account
Unit Value for the Aggressive Equity Fund was $10.00 as of May
1, 1985, the first day that Fund was offered as a Funding
Account through Equitable's Pooled Separate Account No. 3. The
Separate Account Unit Value for the ADA Foreign Fund was $10.00
as of March 2, 1992, the first day that Separate Account was
offered as a Funding Account. The Separate Account Unit Value
for the Equity Index Fund was $10.00 as of February 1, 1994, the
first day that Separate Account was offered as a Funding
Account. The Separate Account Unit Values for the Lifecycle
Fund-Conservative and the Lifecycle Fund-Moderate were $10.00 as
of May 1, 1995, the first day those Separate Accounts were
offered as Funding Accounts. For purposes of this definition,
the value of a Separate Account was the aggregate fair market
value of all its assets, or, to the extent that the fair market
value of certain assets cannot be easily ascertained, their fair
value as determined in good faith by Equitable in accordance
with accepted accounting practices and applicable laws and
regulations."
8. As of December 9, 1995, the first sentence of Section 2.9 is amended to
read as follows:
"2.9 Seven Separate Accounts -- the Growth Equity Fund, the
Aggressive Equity Fund, the Real Estate Fund, the ADA Foreign
Fund, the
Equity Index Fund, the Lifecycle Fund-Conservative and
the Lifecycle Fund-Moderate--are available as Funding Accounts."
9. As of December 1, 1995, Section 2.11 is deleted in its entirety as it
relates to the Balanced Fund, and is replaced by a new Section 2.11 as
follows:
"2.11 Equitable shall maintain Separate Account No. 200, which
will be the Aggressive Equity Fund under the Program. Equitable
shall cancel all units held by ADA Program participants in
Equitable's Pooled Separate Account No. 3 and transfer the cash
value to Separate Account No. 200, effective at the opening of
business on December 1, 1995. The transfer will not affect the
Aggressive Equity Fund Unit Value or the number of Aggressive
Equity Fund units credited to any Participant's account."
10. As of December 1, 1995, Section 2.12 is amended to read as follows:
"2.12 Contributions and transfers to the ADA Foreign Fund, the
Equity Index Fund and the Aggressive Equity Fund shall be
invested in the shares of funds registered under the Investment
Company Act of 1940 ("1940 Act") as open-end diversified
management investment companies (the "Investment Company")
except that normally up to 5% of the market value of the ADA
Foreign Fund's assets may be invested in units of Equitable's
Separate Account No. 2A for the purpose of maintaining
sufficient liquidity to effect transfers or withdrawal requests
from the ADA Foreign Fund prior to receipt of proceeds from
redemption of shares of the Investment Company. However, if net
transfers and withdrawals from the ADA Foreign Fund on any day
exceed the amount of the ADA Foreign Fund's investment in
Separate Account No. 2A, transfers and/or withdrawals may be
deferred pending settlement of the redemption of shares from the
Investment Company. If net transfers and withdawals from the
Equity Index Fund or the Aggressive Equity Fund exceed the cash
available to pay such transfers and/or withdrawals, transfers
and/or withdrawals may be deferred pending settlement of the
redemption of shares from the Investment Company."
11. As of December 9, 1995, Section 2.13 is amended to read as follows:
"2.13 Equitable is the Investment Manager for the Growth Equity
Fund and the Real Estate Fund. Equitable hereby acknowledges
that it is a fiduciary with respect to any assets of the Trusts
that are allocated to any of those Funds, but it is not a
fiduciary for any portion of a Separate Account which is under
the investment direction of a committee consisting of persons
who are not employed by Equitable or any of its affiliates."
12. As of December 1, 1995, Section 2.13 is amended to read as follows:
"2.13 Equitable is the Investment Manager for the Growth Equity
Fund, the Balanced Fund and the Real Estate Fund. Equitable
hereby acknowledges that it is a fiduciary with respect to any
assets of the Trusts that are allocated to any of those Funds,
but it is not a fiduciary for any portion of a Separate Account
which is under the investment direction of a committee
consisting of persons who are not employed by Equitable or any
of its affiliates."
13. As of October 15, 1995, the title of Article IV is amended to read as
follows:
"Article IV. Termination, Replacement and Addition of Funding
Accounts"
14. As of October 15, 1995, a new Section 4.1A is added as follows:
"4.1A Subject to the terms of Sections 2.1, 2.11, 2.12A and
Article VII of this Contract, the Trustees may, upon reasonable
notice to Equitable under the circumstances, terminate the
Trust's participation in any Funding Account and may direct that
(a) all or any portion of the Units of such Funding Account held
by the Trusts shall be redeemed as of the date of termination of
participation and (b) the cash value of such Units on such date
be transferred to another Funding Account or paid to the
Trustees or to any person designated in writing by the Trustees.
As of the date of such termination of participation in a Funding
Account, no further contributions from the Trusts may be made to
such Funding Account."
15. As of October 15, 1995, Section 4.2 is amended to read as follows:
"4.2 The Trustees and Equitable may agree to establish
additional Funding Accounts under the Trusts. The Trustees may
at any time appoint one or more Investment Managers to manage
all or any portion of a Funding Account under this Contract.
The Trustees shall give Equitable at least six months notice of
the appointment of an Investment Manager to manage the Real
Estate Fund and shall give Equitable at least 90 days written
notice of any other such appointment. Notwithstanding the
foregoing, (a) unless the Money Market Guarantee is terminated
in accordance with Section 7.3A, the Trustees may not allow any
Investment Manager other than Equitable to offer a money market
mutual fund or similar arrangement as a Funding Account under
the Trusts, (b) the Trustees may not appoint an Investment
Manager for
Equitable's Pooled Separate Account Nos. 4 and 30
and (c) Equitable may defer the transfer to the new Investment
Manager of all or part of the amounts held for the Trusts in the
Real Estate Fund for such time as Equitable reasonably considers
necessary to obtain the amount to be withdrawn or to protect the
interest of other clients in the Real Estate Fund or in
Equitable's Pooled Separate Account No. 8."
16. As of December 1, 1995, Section 4.7 is amended to read as follows:
"4.7 Equitable reserves the right to suspend the offer of or
terminate the ADA Foreign Fund, the Equity Index Fund, the
Lifecycle Fund-Conservative, the Lifecycle Fund-Moderate or the
Aggressive Equity Fund (the "Outside Funds") in the event that
Equitable, in its sole and reasonable discretion, determines
that (a) investments made for the Outside Funds fail to meet
applicable securities laws and the rules and regulations
promulgated thereunder, and/or the standard of care required by
Section 4240 (a) (2) (C) of the New York Insurance Law; or (b)
it is no longer administratively feasible to maintain any of the
Outside Funds."
17. As of December 1, 1995, Section 5.3 is deleted in its entirety.
18. As of December 1, 1995, Section 5.4 is changed to read as follows:
"5.4 An investment management fee shall be paid to Equitable in
an amount equal to a percentage of the aggregate amount held for
the Trusts in the Growth Equity Fund. The percentage shall be
calculated as of the first day of each month, based on the
aggregate amount held for the Trusts in the Growth Equity Fund
as of the last day of the second previous month, and shall be
charged against the Separate Account Unit Value for the Growth
Equity Fund on a daily basis during the month, as follows:
(a) 1/12 of 0.29% of the amount held for the Trusts not in excess of
$100,000,000; and
(b) 1/12 of 0.20% of the amount held for the Trusts in excess of
$100,000,000."
19. As of December 9, 1995, Section 5.6 is deleted in its entirety.
20. As of December 1, 1995, the first sentence of Section 5.15 is amended to
read as follows:
"Equitable shall give the Trustees 90 days written notice of any
proposed increase in the investment management fees set forth in
Sections 5.4 or 5.5."
New York, New York
FOR THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES:
Chairman and Chief Executive Officer President and Chief Operating Officer Vice President and Secretary
_________________________________ __________________________________
Assistant Registrar Date of Issue
FOR THE CONTRACTHOLDER: Trustees of the American Dental Association Members
Retirement Trust and of the American Dental Association Members Pooled Trust for
Retirement Plans
_________________________________, Trustee _________________________________, Trustee
_________________________________, Trustee _________________________________, Trustee
_________________________________, Trustee _________________________________, Trustee
_________________________________, Trustee _________________________________, Trustee
_________________________________, Trustee _________________________________, Trustee
_________________________________, Trustee _________________________________, Trustee
_________________________________, Trustee _________________________________, Trustee
_________________________________, Trustee _________________________________, Trustee
