Common use of TRANSFER OPTIONS Clause in Contracts

TRANSFER OPTIONS. Transfers Except as provided below, you may elect to transfer amounts among the Accounts up to the Maximum Transfer Limit, shown in the schedule pages, in a Contract Year. If additional transfers are requested, the Company reserves the right to prohibit such transfers or impose a transfer charge, not to exceed the Maximum Transfer Charge, shown in the schedule pages, for each transfer in excess of the Maximum Transfer Limit, shown in the schedule pages. You may not exceed the GIA Transfer Limit, as specified in the schedule pages, when transferring from the GIA, unless the Dollar Cost Averaging ("DCA") Program or Asset Rebalancing Program is in effect. After the first Contract Year, a transfer into the GIA will not be permitted if such transfer would cause the percentage of the Contract Value in the GIA to exceed the Maximum Guaranteed Interest Account Percentage shown in the schedule pages. Any transfer charge will be deducted from the Investment Options or the GIA from which the amounts are to be transferred with each such Investment Option or GIA bearing a pro-rata share of the transfer charge. The value of each Investment Option will be determined on the business day that coincides with the date of transfer. Any Accumulation Units held under an Investment Option of the Separate Account or Adjusted Premiums held under the GIA as a result of any transfer shall retain its original Payment Date for purposes of determining the Surrender Charge. We have the right to prohibit a transfer less than 30 days prior to the Maturity Date. Transfers may be made by written request or by telephone or internet notification if a currently valid written authorization to make changes in this manner is on file with us. We have the right to require that a period of at least six months have elapsed between transfers from the GIA. Except as otherwise provided under the DCA Program, transfers from the GIA cannot exceed the higher of the Maximum GIA Transfer Amount or the Maximum GIA Percentage of the value of the GIA, as shown in the schedule pages. DCA Program Under the Dollar Cost Averaging Program ("DCA Program"), funds may be transferred automatically to the Investment Options on a monthly, quarterly, semi-annual, or annual basis subject to the Minimum DCA Transfer Amounts shown in the schedule pages. We may require an initial minimum value in the Account from which funds will be transferred. Funds may be transferred out of only one Account, but may be allocated to multiple Accounts. We will provide notice if we make any change in this restriction. Under the DCA Program, you may transfer approximately equal amounts from the GIA over a minimum 6-month period. [19] NY Enhanced DCA Program New premium under a Dollar Cost Averaging Program may qualify for an enhanced interest rate if an Enhanced DCA Program is in effect. Under an Enhanced DCA Program, new premium payments will be placed in an Account, credited with an enhanced interest rate. Each month, amounts will be transferred out of that Account automatically to the eligible Investment Options you select, over a period determined by the terms of the enhanced program in effect. Asset Rebalancing Program Under the Asset Rebalancing Program, funds are transferred automatically among the Investment Options on a monthly, quarterly, semi-annual, or annual basis to maintain the allocation percentages elected by you. Transfers to or from the GIA are not permitted under the Asset Rebalancing program. We prohibit the Asset Rebalancing and either DCA Program to be in effect at the same time. In the event that they are allowed concurrently in the future, we will provide you with notification. Transfers made under the DCA Program, Enhanced DCA Program or Asset Rebalancing Program will be processed on the next business day following your request for the month that applies. If the value in the applicable Account is below the amount to be transferred, then the entire remaining balance will be transferred and the DCA, Enhanced DCA or Asset Rebalancing Programs will be complete. You may terminate your participation in the DCA, Enhanced DCA or Asset Rebalancing Programs at any time upon written request. Termination will be effective on the first business day following our receipt of notice satisfactory to us. You may subsequently provide written request to initiate a new DCA, Enhanced DCA or Asset Rebalancing Program. Such request will be effective on the first business day following our receipt of notice satisfactory to us. We have the right to temporarily or permanently modify or terminate transfer privileges, or reject any specific order from anyone including the Owner, market-timing organization, or individual, or other party authorized to give transfer orders whose transactions would constitute Disruptive Trading as determined by us or an underlying fund company. Disruptive Trading includes, but is not limited to, frequent purchases, redemptions and transfers, transfers into and out of an Investment Option in a short period of time, and transfers of large amounts at one time. In addition to restricting or terminating transfer privileges we have the right to limit the dollar amount and frequency of transfers, impose redemption fees on short-term trading, restrict the method of making transfers, and to require a holding period for some Investment Options. We have the right to not accept batch transfer instructions from anyone acting under powers of attorney for multiple Owners, unless we have entered into a third-party transfer service agreement. Such transfer limitations could be applied to transfers to or from some or all of the Accounts. These limitations, individually or in aggregate, may be applied in any manner reasonably designed to prevent any use of the transfer right that is considered by us to be to the disadvantage of other Owners. Any termination, restriction, or limitation on transfer privileges will be administered in a non-discriminatory manner. If we reject a transfer for any of these reasons, we will notify you of our decision in writing. We do not include transfers made pursuant to the DCA, Enhanced DCA or Asset Rebalancing Program when applying our Disruptive Trading policy.

TRANSFER OPTIONS. Transfers Except as provided below, you may elect to transfer amounts among the Accounts up to the Maximum Transfer Limit, shown in the schedule pages, twelve times in a Contract Year, and up to six times in a Contract Year to or from the MVA Account. If additional transfers are requested, the Company reserves the right to prohibit such transfers or impose a transfer charge, not to exceed the Maximum Transfer Charge, shown in the schedule pages, for each transfer in excess of the Maximum Transfer Limit, shown in the schedule pagestwelve. You may not exceed the GIA Transfer Limit, as specified in the schedule pages, when transferring from the GIA, unless the Dollar Cost Averaging ("DCA") Program or Asset Rebalancing Program is in effect. After the first Contract Year, a transfer into the GIA will not be permitted if such transfer would cause the percentage of the Contract Value in the GIA to exceed the Maximum Guaranteed Interest Account Percentage shown in the schedule pages. Any transfer charge will be deducted from the Investment Options Options, the MVA Account, or the GIA from which the amounts are to be transferred with each such Investment Option Option, MVA Account, or GIA bearing a pro-rata share of the transfer charge. The value of each Investment Option will be determined on the business day that coincides with the date of transfer. Any Accumulation Units held under an Investment Option of the Separate Account or Adjusted Premiums held under the MVA Account or GIA as a result of any transfer shall retain its original Payment Date for purposes of determining the Surrender Charge. We have the right to prohibit a transfer less than 30 days prior to the Maturity Date. Transfers may be made by written request or by telephone or internet notification if a currently valid written authorization to make changes in this manner is on file with us. We have the right to require that a period of at least six months have elapsed between transfers from the GIA. Except as otherwise provided under the DCA Program, transfers from the GIA cannot exceed the higher of the Maximum GIA Transfer Amount or the Maximum GIA Percentage of the value of the GIA, as shown in the schedule pages. DCA Program Under the Dollar Cost Averaging Program ("DCA Program"), funds may be transferred automatically to among the Investment Options on a monthly, quarterly, semi-annual, or annual basis subject to the Minimum DCA Transfer Amounts shown in the schedule pages. We may require an initial minimum value in the Account from which funds will be transferred. Funds may be transferred out of only one Account, but may be allocated to multiple Accounts. We will provide notice if we make any change in this restriction. Under the DCA Program, you may transfer approximately equal amounts from the GIA over a minimum 6-month period. [19] NY Enhanced DCA Program New premium under a Dollar Cost Averaging Program may qualify for an enhanced interest rate if an Enhanced DCA Program is in effect. Under an Enhanced DCA Program, new premium payments will be placed in an Account, credited with an enhanced interest rate. Each month, amounts will be transferred out of that Account automatically to the eligible Investment Options you select, over a period determined by the terms of the enhanced program in effect. Asset Rebalancing Program Under the Asset Rebalancing Program, funds are transferred automatically among the Investment Options on a monthly, quarterly, semi-annual, or annual basis to maintain the allocation percentages elected by you. Transfers to or from the GIA or MVA Account are not permitted under the Asset Rebalancing program. We have the right to prohibit the Asset Rebalancing and either DCA Program Programs to be in effect at the same time. In the event that they are allowed concurrently in the future, we will provide you with notification. Transfers made under the DCA Program, Enhanced DCA Program or Asset Rebalancing Program will be processed on the next business day following your request for the month that applies. If the value in the applicable Account is below the amount to be transferred, then the entire remaining balance will be transferred and the DCA, Enhanced DCA or Asset Rebalancing Programs will be complete. You may terminate your participation in the DCA, Enhanced DCA or Asset Rebalancing Programs at any time upon written request. Termination will be effective on the first business day following our receipt of notice satisfactory to us. You may subsequently provide written request to initiate a new DCA, Enhanced DCA or Asset Rebalancing Program. Such request will be effective on the first business day following our receipt of notice satisfactory to us. We have the right right, in our sole and absolute discretion, to temporarily or permanently modify or terminate transfer privileges, or reject any specific order from anyone including the Owner, market-timing organization, or individual, or other party authorized to give transfer orders whose transactions would constitute Disruptive Trading as determined by us or an underlying fund company. Disruptive Trading includes, but is not limited to, frequent purchases, redemptions and transfers, transfers into and out of an Investment Option in a short period of time, and transfers of large amounts at one time. In addition to restricting or terminating transfer privileges we have also reserve the right to limit the dollar amount and frequency of transfers, impose redemption fees on short-term trading, restrict the method of making transfers, and to require a holding period for some Investment Options. We have also reserve the right to not accept batch transfer instructions from anyone acting under powers of attorney for multiple Owners, unless we have entered into a third-party transfer service agreement. Such transfer limitations could be applied to transfers to or from some or all of the Accounts. These limitations, individually or in aggregate, may be applied in any manner reasonably designed to prevent any use of the transfer right that is considered by us to be to the disadvantage of other Owners. Any termination, restriction, or limitation on transfer privileges will be administered in a non-discriminatory manner. If we reject a transfer for any of these reasons, we will notify you of our decision in writing. We do not include transfers made pursuant to the DCA, Enhanced DCA or Asset Rebalancing Program when applying our Disruptive Trading policy.

TRANSFER OPTIONS. Transfers Except as provided below, you may elect to transfer amounts among the Accounts up to the Maximum Transfer Limit, shown in the schedule pages, twelve times in a Contract Year. If additional transfers are requested, the Company reserves the right to prohibit such transfers or impose a transfer charge, not to exceed the Maximum Transfer Charge, shown in the schedule pages, for each transfer in excess of the Maximum Transfer Limit, shown in the schedule pagestwelve. You may not exceed the GIA Transfer Limit, as specified in the schedule pages, when transferring from the GIA, unless the Dollar Cost Averaging ("DCA") Program or Asset Rebalancing Program is in effect. After the first Contract Year, a transfer into the GIA will not be permitted if such transfer would cause the percentage of the Contract Value in the GIA to exceed the Maximum Guaranteed Interest Account Percentage shown in the schedule pages. Any transfer charge will be deducted from the Investment Options or the GIA from which the amounts are to be transferred with each such Investment Option or GIA bearing a pro-rata share of the transfer charge. The value of each Investment Option will be determined on the business day that coincides with the date of transfer. Any Accumulation Units held under an Investment Option of the Separate Account or Adjusted Premiums held under the GIA as a result of any transfer shall retain its original Payment Date for purposes of determining the Surrender Charge. We have the right to prohibit a transfer less than 30 days prior to the Maturity Date. Transfers may be made by written request or by telephone or internet notification if a currently valid written authorization to make changes in this manner is on file with us. We have the right to require that a period of at least six months have elapsed between transfers from the GIA. Except as otherwise provided under the DCA Program, transfers from the GIA cannot exceed the higher of the Maximum GIA Transfer Amount or the Maximum GIA Percentage of the value of the GIA, as shown in the schedule pages. DCA Program Under the Dollar Cost Averaging Program ("DCA Program"), funds may be transferred automatically to among the Investment Options on a monthly, quarterly, semi-annual, or annual basis subject to the Minimum DCA Transfer Amounts shown in the schedule pages. We may require an initial minimum value in the Account from which funds will be transferred. Funds may be transferred out of only one Account, but may be allocated to multiple Accounts. We will provide notice if we make any change in this restriction. Under the DCA Program, you may transfer approximately equal amounts from the GIA over a minimum 6-month period. [19] NY Enhanced DCA Program New premium under a Dollar Cost Averaging Program may qualify for an enhanced interest rate if an Enhanced DCA Program is in effect. Under an Enhanced DCA Program, new premium payments will be placed in an Account, credited with an enhanced interest rate. Each month, amounts will be transferred out of that Account automatically to the eligible Investment Options you select, over a period determined by the terms of the enhanced program in effect. Asset Rebalancing Program Under the Asset Rebalancing Program, funds are transferred automatically among the Investment Options on a monthly, quarterly, semi-annual, or annual basis to maintain the allocation percentages elected by you. Transfers to or from the GIA are not permitted under the Asset Rebalancing program. We prohibit the Asset Rebalancing and either DCA Program to be in effect at the same time. In the event that they are allowed concurrently in the future, we will provide you with notification. Transfers made under the DCA Program, Enhanced DCA Program or Asset Rebalancing Program will be processed on the next business day following your request for the month that applies. If the value in the applicable Account is below the amount to be transferred, then the entire remaining balance will be transferred and the DCA, Enhanced DCA or Asset Rebalancing Programs will be complete. You may terminate your participation in the DCA, Enhanced DCA or Asset Rebalancing Programs at any time upon written request. Termination will be effective on the first business day following our receipt of notice satisfactory to us. You may subsequently provide written request to initiate a new DCA, Enhanced DCA or Asset Rebalancing Program. Such request will be effective on the first business day following our receipt of notice satisfactory to us. We have the right to temporarily or permanently modify or terminate transfer privileges, or reject any specific order from anyone including the Owner, market-timing organization, or individual, or other party authorized to give transfer orders whose transactions would constitute Disruptive Trading as determined by us or an underlying fund company. Disruptive Trading includes, but is not limited to, frequent purchases, redemptions and transfers, transfers into and out of an Investment Option in a short period of time, and transfers of large amounts at one time. In addition to restricting or terminating transfer privileges we have the right to limit the dollar amount and frequency of transfers, impose redemption fees on short-term trading, restrict the method of making transfers, and to require a holding period for some Investment Options. We have the right to not accept batch transfer instructions from anyone acting under powers of attorney for multiple Owners, unless we have entered into a third-party transfer service agreement. Such transfer limitations could be applied to transfers to or from some or all of the Accounts. These limitations, individually or in aggregate, may be applied in any manner reasonably designed to prevent any use of the transfer right that is considered by us to be to the disadvantage of other Owners. Any termination, restriction, or limitation on transfer privileges will be administered in a non-discriminatory manner. If we reject a transfer for any of these reasons, we will notify you of our decision in writing. We do not include transfers made pursuant to the DCA, Enhanced DCA or Asset Rebalancing Program when applying our Disruptive Trading policy.