Common use of Death or Disability Benefit Clause in Contracts

Death or Disability Benefit. DEATH: If the Annuitant dies while an Account for the Annuitant is being maintained under the Contract, AXA Equitable, upon receipt of due proof of death will pay, the Cash Value of the Annuitant's Accounts as of the date such due proof is received, in a single sum to the beneficiary designated by the Annuitant to receive such payment. Due proof of death must be received by AXA Equitable at the AXA Equitable office address on the Data Pages, or any other address AXA Equitable designates in written notice to the Annuitant. Under either of the following two circumstances, the Death Benefit under this Section 3.11 of the Contract will not be paid at the Annuitant's death and the coverage under the Contract will continue if: (1) The Annuitant is married at the time of his or her death; the designated beneficiary under Section 5.04 of the Contract is the surviving spouse; and the surviving spouse elects to treat the IRA as his or her own IRA pursuant to Section 4.05B(e). (2) Also, a Death Benefit will not be paid under this Section 3.11 if the "Beneficiary Continuation Option" under Section 3.13 is in effect.