Common use of Number of Accumulation Units Clause in Contracts

Number of Accumulation Units. On the Issue Date, the number of Accumulation Units in each subaccount is equal to the Initial Purchase Payment amount allocated to that subaccount, divided by that subaccount’s Accumulation Unit Value. At the end of each Business Day, we adjust the number of Accumulation Units in each subaccount as follows. Additional Purchase Payments and Transfers into a subaccount will increase the number of Accumulation Units. Withdrawals (including any applicable Withdrawal Charges), Transfers out of a subaccount, and the deduction of any Contract Charges or Transfer Fees will decrease the number of Accumulation Units. The change in the number of Accumulation Units is equal to the net amount allocated to or deducted from the subaccount, divided by that subaccount’s Accumulation Unit Value. Accumulation Unit Value We arbitrarily set the initial Accumulation Unit Value for each subaccount. At the end of each Business Day for each subaccount, we multiply the Accumulation Unit Value at the end of the prior Business Day by the percentage change in value of a Variable Option since the prior Business Day. The percentage change includes the market performance of the Variable Option and any assessed Mortality and Expense Risk Charge. How we calculate Index Option Values On the first Term Start Date, the Index Option Value and Index Option Base for each Index Option are equal to: • The portion of the Initial Purchase Payment allocated to that Index Option, if the Index Effective Date is the Issue Date; or • The portion of Variable Account Value allocated to that Index Option, if the Index Effective Date is not the Issue Date. At the end of each Business Day other than the Term Start Date or Term End Date, the Index Option Value is equal to the Index Option Base plus its Daily Adjustment. We establish a Proxy Value to calculate the Daily Adjustment. The Proxy Value is determined on each Business Day based on the value of a hypothetical set of put and call options as determined by an option pricing formula. The Daily Adjustment is calculated before we process any Partial Withdrawal or deduct any Contract Charges using the Index Option Base, the current Proxy Value, and the Proxy Value as of the Term Start Date. At the end of each Business Day, we reduce each Index Option Value by the dollar amount withdrawn from the Index Option, including any Withdrawal Charge, and Contract Charges. We deduct money from an Index Option proportionately based on the percentage of Contract Value in each Allocation Option, unless you specify otherwise. We then reduce each Index Option Base by the same percentage that the amount withdrawn reduced its associated Index Option Value. On each Term End Date, we calculate the Index Option Value for each Index Option(s) by applying its associated Performance Credit to its Index Option Base. If the Term End Date is not a Business Day, we calculate the Performance Credit on the next Business Day. L40538-NY03 9 Contract Value continued from the previous page How we calculate Index Option Values (continued) On each Term End Date, we determine the Index Return for each Index Option. The Index Return is the Index Value for the Term End Date, minus the Index Value from the Term Start Date, divided by the Index Value from the Term Start Date. If the Term Start Date or Term End Date is not a Business Day, we use the Index Value on the next Business Day. If, for any Index Option, there is a Cap, and the Index Return multiplied by the Participation Rate, if applicable, is positive and greater than or equal to the Cap for an Index Option, then the Performance Credit for the Index Option is equal to the Cap. If the Index Return multiplied by the Participation Rate, if applicable, is positive, but less than the Cap, or if we declare an Index Performance Strategy Index Option is uncapped, then the Performance Credit for that Index Option is equal to the Index Return multiplied by the Participation Rate, if applicable. If, for any Index Option, the Index Return is zero or negative, but within the Buffer, then the Performance Credit for that Index Option is zero. If the Index Return is negative and extends beyond the Buffer, then the Performance Credit for that Index Option is equal to the Index Return plus the Buffer. For each Index Option that receives a Performance Credit, we multiply its Performance Credit by its Index Option Base. This result is then added to its Index Option Base. We then set each Index Option Value equal to its Index Option Base. Finally, on each Term End Date, for each Index Option we: • Increase its Index Option Value and Index Option Base by the amount of any Additional Purchase Payments and Transfers into the Index Option received that day; • Reduce its Index Option Value and Index Option Base by the amount transferred out of the Index Option; and • Reduce its Index Option Value and Index Option Base for Withdrawals (including any Withdrawal Charge) and Contract Charges as described above. Performance Lock You can request a Performance Lock of the current Index Option Value for any of your unlocked Index Options by providing an Authorized Request. We process the request on the Lock Date based on the values at the end of the Business Day. Compared with what you would have received as a Performance Credit on the Term End Date, if you exercise a Performance Lock on an Index Performance Strategy Index Option(s) or the Index Protection NY Strategy Index Options you may receive less than the full protection of the Buffer, or if uncapped, less than the full Index Return multiplied by the Participation Rate over the Term. Once an Index Option Value has been locked: • The Index Option Value will not change until the next Index Anniversary that occurs on or immediately after the Lock Date, unless it is reduced for Withdrawals and any other Contract Charges; • The locked Index Option will not receive a Performance Credit on the Term End Date; and • You cannot unlock the Index Option. On the Index Anniversary that occurs on or immediately after the Lock Date, we will unlock the Index Option Value, set the Index Option Base equal to the Index Option Value and reallocate the Index Option Value according to your new allocation instructions. If you have not provided new allocation instructions, we will reallocate the Index Option Value into the same Index Option with a new Term. L40538-NY03 9

Number of Accumulation Units. On the Issue Date, the number of Accumulation Units in each subaccount is equal to the Initial Purchase Payment amount allocated to that subaccount, divided by that subaccount’s Accumulation Unit Value. At the end of each Business Day, we adjust the number of Accumulation Units in each subaccount as follows. Additional Purchase Payments and Transfers into a subaccount will increase the number of Accumulation Units. Withdrawals (including any applicable Withdrawal Charges), Transfers out of a subaccount, and the deduction of any Contract Charges or Transfer Fees will decrease the number of Accumulation Units. The change in the number of Accumulation Units is equal to the net amount allocated to or deducted from the subaccount, divided by that subaccount’s Accumulation Unit Value. Accumulation Unit Value We arbitrarily set the initial Accumulation Unit Value for each subaccount. At the end of each Business Day for each subaccount, we multiply the Accumulation Unit Value at the end of the prior Business Day by the percentage change in value of a Variable Option since the prior Business Day. The percentage change includes the market performance of the Variable Option and any assessed Mortality and Expense Risk ChargeOption. How we calculate Index Option Values On the first Term Start Index Effective Date, the Index Option Value and Index Option Base for each Index Option are equal to: • · The portion of the Initial Purchase Payment allocated to that Index Option, if the Index Effective Date is the Issue Date; or • · The portion of Variable Account Value allocated to that Index Option, if the Index Effective Date is not the Issue Date. At the end of each Business Day other than the Term Start Index Effective Date or Term End DateIndex Anniversary, the Index Option Value is equal to the Index Option Base plus its Daily Adjustment. We establish a Proxy Value to calculate the Daily Adjustment. The Proxy Value is determined on each Business Day based on the value of a hypothetical set of put and call options as determined by an option pricing formula. The Daily Adjustment is calculated before we process any Partial Withdrawal or deduct any Contract Charges using the Index Option Base, the current Proxy Value, and the Proxy Value as of the Term Start Dateprevious Index Anniversary (or the Index Effective Date if this is the first Index Year). At the end of each Business Day, we reduce each Index Option Value by the dollar amount withdrawn from the Index Option, including any Withdrawal Charge, and Contract Charges. We deduct money from an Index Option proportionately based on the percentage of Contract Value in each Allocation Option, unless you specify otherwise. We then reduce each Index Option Base by the same percentage that the amount withdrawn reduced its associated Index Option Value. On each Term End DateIndex Anniversary, we calculate the Index Option Value for each Index Option(s) Performance Strategy Index Option by applying its associated Performance Credit to its Index Option Base. If the Term End Date Index Anniversary is not a Business Day, we calculate the Performance Credit on the next Business Day. L40538-NY03 9 NY 8 Contract Value continued from the previous page How we calculate Index Option Values (continued) On each Term End Datethe Index Anniversary, we determine the Index Return for each Index Option. The Index Return is the Index Value for the Term End Datecurrent Index Anniversary, minus the Index Value from the Term Start Dateprevious Index Anniversary (or the Index Effective Date if this is the first Index Anniversary), divided by the Index Value from the Term Start Dateprevious Index Anniversary (or the Index Effective Date if this is the first Index Anniversary). If the Term Start Date or Term End Date is not a Business Day, we use the Index Value on the next Business Day. If, for any Index Option, there is a Cap, and the Index Return multiplied by the Participation Rate, if applicable, is positive and greater than or equal to the Cap for an Index Option, then the Performance Credit for the that Index Option is equal to the Cap. If the Index Return multiplied by the Participation Rate, if applicable, is positive, but less than the Cap, or if we declare an Index Performance Strategy Index Option is uncapped, then the Performance Credit for that Index Option is equal to the Index Return multiplied by the Participation Rate, if applicableReturn. If, for any Index Option, If the Index Return is zero or negative, but within the Buffer, then the Performance Credit for that Index Option is zero. If the Index Return is negative and extends beyond the Buffer, then the Performance Credit for that Index Option is equal to the Index Return plus the Buffer. For each Index Option that receives a Performance Credit, we multiply its Performance Credit by its Index Option Base. This result is then added to its Index Option Base. We then set each Index Option Value equal to its Index Option Base. FinallyThen, on each Term End DateIndex Anniversary, for each Index Option we: • · Increase its Index Option Value and Index Option Base by the amount of any Additional Purchase Payments and Transfers into the Index Option received that day; • · Reduce its Index Option Value and Index Option Base by the amount transferred out of the Index Option; and • · Reduce its Index Option Value and Index Option Base for Withdrawals (including any Withdrawal Charge) and Contract Charges as described above. Performance Lock You can request a Performance Lock of the current Index Option Value for any of your unlocked Index Options by providing an Authorized Request. We process the request on the Lock Date Business Day we receive an Authorized Request based on the values at the end of the Business Day. Compared with what you would have received as a Performance Credit on the Term End Date, if If you exercise a Performance Lock on an Index Performance Strategy Index Option(s) or the Index Protection NY Strategy Index Options Lock, you may receive less than the full protection of the Buffer, Cap or if uncapped, less than the full protection of the Buffer that you would have received if you waited for us to apply the Performance Credit on the next Index Return multiplied by the Participation Rate over the TermAnniversary. Once an Index Option Value has been locked: • · The Index Option Value will not change until the next Index Anniversary that occurs on or immediately after the Lock DateAnniversary, unless it is reduced for Withdrawals and any other Contract Charges; • · The locked Index Option will not receive a Performance Credit on the Term End Datenext Index Anniversary; and • · You cannot unlock the Index Option. On the every Index Anniversary that occurs on or immediately after the Lock DateAnniversary, we will unlock the any previously locked Index Option Value, set the Index Option Base equal to the Index Option Value and reallocate the Index Option Value according to your new allocation instructions. If you have not provided new allocation instructions, we will reallocate the Index Option Value into the same Index Option with a new Term. L40538-NY03 9Values.

Number of Accumulation Units. On the Issue Date, the number of Accumulation Units in each a subaccount is equal to the Initial Purchase Payment amount allocated to that the subaccount, divided by that the subaccount’s Accumulation Unit Value. At the end of each Business Day, we adjust the number of Accumulation Units in each a subaccount as follows. Additional Purchase Payments and Transfers into a subaccount will increase the number of Accumulation Units. Withdrawals (including any applicable Withdrawal Charges), Transfers out of a subaccount, and the deduction of any Contract Charges or Transfer Fees except the Mortality and Expense Risk Charge will decrease the number of Accumulation Units. The change in the number of Accumulation Units is equal to the net amount allocated to or deducted from the subaccount, divided by that the subaccount’s Accumulation Unit Value. L40538-01-NY Contract Value continued from the previous page Accumulation Unit Value We arbitrarily set the initial Accumulation Unit Value for each a subaccount. At the end of each Business Day for each a subaccount, we multiply the Accumulation Unit Value at the end of the prior Business Day by the percentage change in value price of a Variable Option since the prior Business Day. The percentage change in price includes the market performance of the Variable Option and any assessed Mortality and Expense Risk Charge. How we calculate Index Option Values On the first Term Start Date, the Index Option Value and Index Option Base for each Index Option are equal to: • The portion to the amount of any Purchase Payments and Transfers into the Initial Purchase Payment allocated to that Index Option, if the Index Effective Date is the Issue Date; or • The portion of Variable Account Value allocated to that Index Option, if the Index Effective Date is not the Issue Date. At the end of each Business Day other than the Term Start Date or Term End Date, the Index Option Value is equal to the Index Option Base plus its Daily Adjustment. We establish a Proxy Value to calculate the Daily Adjustment. The Proxy Value is determined on each Business Day based on the value of a hypothetical set of put and call options as determined by an option pricing formula. The Daily Adjustment is calculated before we process any Partial Withdrawal (including any Withdrawal Charges) or deduct any Contract Charges using the Index Option Base, the current Proxy Value, and the Proxy Value as of the Term Start Date. At the end of each Business DayDay other than a Term End Date, after the Daily Adjustment has been applied, we reduce each Index Option Value by the dollar amount withdrawn from the Index Option, including any Withdrawal Charge, Charge and any applicable Contract Charges. We deduct money from an Index Option proportionately based on the percentage of Contract Value in each Allocation Option, unless you specify otherwise. We then reduce each Index Option Base by the same percentage that the amount withdrawn reduced its associated Index Option Value. On each Term End Date, we calculate the Index Option Value for each Index Option(s) by applying its associated Performance Credit to its Index Option Base. If the Term End Date is not a Business Day, we calculate the Performance Credit on the next Business Day. L40538-NY03 9 Contract Value continued from the previous page How we calculate Index Option Values (continued) On each Term End Date, we determine the Index Return for each Index Option. The Index Return is the Index Value for the Term End Date, minus the Index Value from the Term Start Date, divided by the Index Value from the Term Start Date. If the Term Start Date or Term End Date is not a Business Day, we use the Index Value on the next Business Day. IfFor the Index Performance Strategy Index Options, for any Index Option, there is a Cap, and if the Index Return multiplied by the Participation Rate, if applicable, is positive and greater than or equal to the Cap for an Index Option, then the Performance Credit for the Index Option is equal to the Cap. If the Index Return multiplied by the Participation Rate, if applicable, is positive, but less than the Cap, or if we declare an Index Performance Strategy Index Option is uncapped, then the Performance Credit for that Index Option is equal to the Index Return multiplied by the Participation Rate, if applicable. If, for any Index Option, If the Index Return is zero or negative, but within or equal to the Buffer, then the Performance Credit for that Index Option is zero. If the Index Return is negative and extends beyond the Buffer, then the Performance Credit for that Index Option is equal to the Index Return plus the Buffer. For the Index Precision Strategy Index Options, if the current Index Value is equal to or greater than its value on the Term Start Date, then the Performance Credit is the Trigger Rate. If the Index Return is negative but within or equal to the Buffer, then the Performance Credit for the Index Option is zero. If the Index Return is negative and extends beyond the Buffer, then the Performance Credit for the Index Option is equal to the Index Return plus the Buffer. For the Index Dual Precision Strategy Index Options, if the Index Return is positive, zero, or negative but within or equal to the Buffer, then the Performance Credit is the Trigger Rate. If the Index Return is negative and extends beyond the Buffer, then the Performance Credit for the Index Option is equal to the Index Return plus the Buffer. For each Index Option that receives a Performance Credit, we multiply its Performance Credit by its Index Option Base. This result is then added to its Index Option Base. We then set each Index Option Value equal to its Index Option Base. Finally, on each Term End Date, for each Index Option we: • Increase its Index Option Value and Index Option Base by the amount of any Additional Purchase Payments and Transfers into the Index Option received that day; • Reduce its Index Option Value and Index Option Base by the amount transferred out of the Index Option; and • Reduce its Index Option Value and Index Option Base for Withdrawals (including any Withdrawal Charge) and Contract Charges as described above. Performance Lock You can request a Performance Lock of the current Index Option Value for any of your unlocked Index Options by providing an Authorized Request. We process the request on the Lock Date based on the values at the end of the Business Day. Compared with what you would have received as a Performance Credit on the Term End Date, if you exercise a Performance Lock on an Index Performance Strategy Index Option(s) or the Index Protection NY Strategy Index Options you may receive less than the full protection of the Buffer, or if uncapped, less than the full Index Return multiplied by the Participation Rate over the Term. Once an Index Option Value has been locked: • The Index Option Value will not change until the next Index Anniversary that occurs on or immediately after the Lock Date, unless it is reduced for Withdrawals and any other applicable Contract Charges; • The locked Index Option will not receive a Performance Credit on the Term End Date; and • You cannot unlock the Index Option. On the Index Anniversary that occurs on or immediately after the Lock Date, we will unlock the Index Option Value, set the Index Option Base equal to the Index Option Value and reallocate the Index Option Value according to your new allocation instructions. If you have not provided new allocation instructions, we will reallocate the Index Option Value into the same Index Option with a new Term. L40538-NY03 901-NY

Number of Accumulation Units. On the Issue Date, the number of Accumulation Units in each subaccount is equal to the Initial Purchase Payment amount allocated to that subaccount, divided by that subaccount’s 's Accumulation Unit Value. At the end of each Business Day, we adjust the number of Accumulation Units in each subaccount as follows. Additional Purchase Payments and Transfers into a subaccount will increase the number of Accumulation Units. Withdrawals (including any applicable Withdrawal Charges), Transfers out of a subaccount, and the deduction of any Contract Charges or Transfer Fees will decrease the number of Accumulation Units. The change in the number of Accumulation Units is equal to the net amount allocated to or deducted from the subaccount, divided by that subaccount’s 's Accumulation Unit Value. Accumulation Unit Value We arbitrarily set the initial Accumulation Unit Value for each subaccount. At the end of each Business Day for each subaccount, we multiply the Accumulation Unit Value at the end of the prior Business Day by the percentage change in value of a Variable Option since the prior Business Day. The percentage change includes the market performance of the Variable Option and any assessed Mortality and Expense Risk Charge. How we calculate Index Option Values On the first Term Start Index Effective Date, the Index Option Value and Index Option Base for each Index Option are equal to: • · The portion of the Initial Purchase Payment allocated to that Index Option, if the Index Effective Date is the Issue Date; or • · The portion of Variable Account Value allocated to that Index Option, if the Index Effective Date is not the Issue Date. At the end of each Business Day other than the Term Start Index Effective Date or Term End DateIndex Anniversary, the Index Option Value is equal to the Index Option Base plus its Daily Adjustment. We establish a Proxy Value to calculate the Daily Adjustment. The Proxy Value is determined on each Business Day based on the value of a hypothetical set of put and call options as determined by an option pricing formula. The Daily Adjustment is calculated before we process any Partial Withdrawal or deduct any Contract Charges using the Index Option Base, the current Proxy Value, and the Proxy Value as of the Term Start Dateprevious Index Anniversary (or the Index Effective Date if this is the first Index Year). At the end of each Business Day, we reduce each Index Option Value by the dollar amount withdrawn from the Index Option, including any Withdrawal Charge, and Contract Charges. We deduct money from an Index Option proportionately based on the percentage of Contract Value in each Allocation Option, unless you specify otherwise. We then reduce each Index Option Base by the same percentage that the by whichthe amount withdrawn reduced its associated Index Option Value. On each Term End DateIndex Anniversary, we calculate the Index Option Value for each Index Option(s) Option by applying its associated Performance Credit to its Index Option Base. If the Term End Date Index Anniversary is not a Business Day, we calculate the Performance Credit on the next Business Day. L40538-NY03 9 NF-NY Contract Value continued from the previous page How we calculate Index Option Values (continued) On each Term End Datethe Index Anniversary, we determine the Index Return for each Index Option. The Index Return is the Index Value for the Term End Datecurrent Index Anniversary, minus the Index Value from the Term Start Dateprevious Index Anniversary (or the Index Effective Date if this is the first Index Anniversary), divided by the Index Value from the Term Start Date. If the Term Start Date previous Index Anniversary (or Term End Date is not a Business Day, we use the Index Value on Effective Date if this is the next Business Dayfirst Index Anniversary). If, How we calculate Performance Credits for any Index Option, there is a Cap, Performance Strategy Index Option(s) and Index Protection NY Strategy Index Option(s) If the Index Return multiplied by the Participation Rate, if applicable, is positive and greater than or equal to the Cap for an Index Option, then the Performance Credit for the that Index Option is equal to the Cap. If the Index Return multiplied by the Participation Rate, if applicable, is positive, but less than the Cap, or if we declare an Index then the Performance Strategy Credit for that Index Option is uncappedequal to the Index Return. If the Index Return is zero or negative, but within the Buffer, then the Performance Credit for that Index Option is zero. If the Index Return is negative and extends beyond the Buffer, then the Performance Credit for that Index Option is equal to the Index Return multiplied by plus the Participation Buffer. How we calculate Performance Credits for Index Precision Strategy Index Option(s) If the Index Value is equal to or greater than its value on the last Index Anniversary (or the Index Effective Date if this is the first Index Anniversary), then the Performance Credit is the Precision Rate, if applicable. If, for any Index Option, If the Index Return is zero or negative, but within the Buffer, then the Performance Credit for that Index Option is zero. If the Index Return is negative and extends beyond the Buffer, then the Performance Credit for that Index Option is equal to the Index Return plus the Buffer. For each Index Option that receives a Performance Credit, we multiply its Performance Credit by its Index Option Base. This result is then added to its Index Option Base. We then set each Index Option Value equal to its Index Option Base. FinallyThen, on each Term End DateIndex Anniversary, for each Index Option we: • · Increase its Index Option Value and Index Option Base by the amount of any Additional Purchase Payments and Transfers received that day into the Index Option received that dayOption; • · Reduce its Index Option Value and Index Option Base by the amount transferred out of the Index Option; and • · Reduce its Index Option Value and Index Option Base for Withdrawals (including any Withdrawal Charge) and Contract Charges as described above. Performance Lock You can request a Performance Lock of the current Index Option Value for any of your unlocked Index Options by providing an Authorized Request. We process the request on the Lock Date based on Business Day we receive an Authorized Request, and you will receive the values Daily Adjustment at the end of the that Business Day. Compared with what you would have received as a Performance Credit on the Term End Date, if If you exercise a Performance Lock on an Lock, the locked Index Performance Strategy Index Option(s) or Option will not receive the Daily Adjustment for the remainder of the Index Protection NY Strategy Index Options you may receive less than the full protection of the Buffer, or if uncapped, less than the full Index Return multiplied by the Participation Rate over the TermYear. Once an Index Option Value has been locked: • · The Index Option Value will not change until the next Index Anniversary that occurs on or immediately after the Lock DateAnniversary, unless it is reduced for Withdrawals and any other Contract Charges; • · The locked Index Option will not receive a Performance Credit on the Term End Datenext Index Anniversary; and • · You cannot unlock the Index Option. On the every Index Anniversary that occurs on or immediately after the Lock DateAnniversary, we will unlock the Index Option Value, set the Index Option Base equal to the Index Option Value and reallocate the then we unlock any previously locked Index Option Value according to your new allocation instructions. If you have not provided new allocation instructions, we will reallocate the Index Option Value into the same Index Option with a new Term. L40538-NY03 9Values.

Number of Accumulation Units. On the Issue Date, the number of Accumulation Units in each subaccount is equal to the Initial Purchase Payment amount allocated to that subaccount, divided by that subaccount’s 's Accumulation Unit Value. At the end of each Business Day, we adjust the number of Accumulation Units in each subaccount as follows. Additional Purchase Payments and Transfers into a subaccount will increase the number of Accumulation Units. Withdrawals (including any applicable Withdrawal Charges), Transfers out of a subaccount, and the deduction of any Contract Charges or Transfer Fees will decrease the number of Accumulation Units. The change in the number of Accumulation Units is equal to the net amount allocated to or deducted from the subaccount, divided by that subaccount’s 's Accumulation Unit Value. Accumulation Unit Value We arbitrarily set the initial Accumulation Unit Value for each subaccount. At the end of each Business Day for each subaccount, we multiply the Accumulation Unit Value at the end of the prior Business Day by the percentage change in value of a Variable Option since the prior Business Day. The percentage change includes the market performance of the Variable Option and any assessed Mortality and Expense Risk ChargeOption. How we calculate Index Option Values On the first Term Start Index Effective Date, the Index Option Value and Index Option Base for each Index Option are equal to: • · The portion of the Initial Purchase Payment allocated to that Index Option, if the Index Effective Date is the Issue Date; or • · The portion of Variable Account Value allocated to that Index Option, if the Index Effective Date is not the Issue Date. At the end of each Business Day other than the Term Start Index Effective Date or Term End DateIndex Anniversary, the Index Option Value is equal to the Index Option Base plus its Daily Adjustment. We establish a Proxy Value to calculate the Daily Adjustment. The Proxy Value is determined on each Business Day based on the value of a hypothetical set of put and call options as determined by an option pricing formula. The Daily Adjustment is calculated before we process any Partial Withdrawal or deduct any Contract Charges using the Index Option Base, the current Proxy Value, and the Proxy Value as of the Term Start Dateprevious Index Anniversary (or the Index Effective Date if this is the first Index Year). At the end of each Business Day, we reduce each Index Option Value by the dollar amount withdrawn from the Index Option, including any Withdrawal Charge, and Contract Charges. We deduct money from an Index Option proportionately based on the percentage of Contract Value in each Allocation Option, unless you specify otherwise. We then reduce each Index Option Base by the same percentage that the amount withdrawn reduced its associated Index Option Value. On each Term End DateIndex Anniversary, we calculate the Index Option Value for each Index Option(s) Performance Strategy Index Option and Index Protection NY Strategy Index Option by applying its associated Performance Credit to its Index Option Base. If the Term End Date Index Anniversary is not a Business Day, we calculate the Performance Credit on the next Business Day. L40538-NY03 9 NY01 Contract Value continued from the previous page How we calculate Index Option Values (continued) On each Term End Datethe Index Anniversary, we determine the Index Return for each Index Option. The Index Return is the Index Value for the Term End Datecurrent Index Anniversary, minus the Index Value from the Term Start Dateprevious Index Anniversary (or the Index Effective Date if this is the first Index Anniversary), divided by the Index Value from the Term Start Dateprevious Index Anniversary (or the Index Effective Date if this is the first Index Anniversary). If the Term Start Date or Term End Date is not a Business Day, we use the Index Value on the next Business Day. If, for any Index Option, there is a Cap, and the Index Return multiplied by the Participation Rate, if applicable, is positive and greater than or equal to the Cap for an Index Option, then the Performance Credit for the that Index Option is equal to the Cap. If the Index Return multiplied by the Participation Rate, if applicable, is positive, but less than the Cap, or if we declare an Index Performance Strategy Index Option is uncapped, then the Performance Credit for that Index Option is equal to the Index Return multiplied by the Participation Rate, if applicableReturn. If, for any Index Option, If the Index Return is zero or negative, but within the Buffer, then the Performance Credit for that Index Option is zero. If the Index Return is negative and extends beyond the Buffer, then the Performance Credit for that Index Option is equal to the Index Return plus the Buffer. For each Index Option that receives a Performance Credit, we multiply its Performance Credit by its Index Option Base. This result is then added to its Index Option Base. We then set each Index Option Value equal to its Index Option Base. FinallyThen, on each Term End DateIndex Anniversary, for each Index Option we: • · Increase its Index Option Value and Index Option Base by the amount of any Additional Purchase Payments and Transfers into the Index Option received that day; • · Reduce its Index Option Value and Index Option Base by the amount transferred out of the Index Option; and • · Reduce its Index Option Value and Index Option Base for Withdrawals (including any Withdrawal Charge) and Contract Charges as described above. Performance Lock You can request a Performance Lock of the current Index Option Value for any of your unlocked Index Options by providing an Authorized Request. We process the request on the Lock Date based on Business Day we receive an Authorized Request, and you will receive the values Daily Adjustment at the end of the that Business Day. Compared with what you would have received as a Performance Credit on the Term End Date, if If you exercise a Performance Lock on an Lock, the locked Index Performance Strategy Index Option(s) or Option will not receive the Daily Adjustment for the remainder of the Index Protection NY Strategy Index Options you may receive less than the full protection of the Buffer, or if uncapped, less than the full Index Return multiplied by the Participation Rate over the TermYear. Once an Index Option Value has been locked: • · The Index Option Value will not change until the next Index Anniversary that occurs on or immediately after the Lock DateAnniversary, unless it is reduced for Withdrawals and any other Contract Charges; • · The locked Index Option will not receive a Performance Credit on the Term End Datenext Index Anniversary; and • · You cannot unlock the Index Option. On the every Index Anniversary that occurs on or immediately after the Lock DateAnniversary, we will unlock the any previously locked Index Option Value, set the Index Option Base equal to the Index Option Value and reallocate the Index Option Value according to your new allocation instructions. If you have not provided new allocation instructions, we will reallocate the Index Option Value into the same Index Option with a new TermValues. L40538-NY03 9NY0

Number of Accumulation Units. On the Issue Date, the number of Accumulation Units in each subaccount is equal to the Initial Purchase Payment amount allocated to that subaccount, divided by that subaccount’s Accumulation Unit Value. At the end of each Business Day, we adjust the number of Accumulation Units in each subaccount as follows. Additional Purchase Payments and Transfers into a subaccount will increase the number of Accumulation Units. Withdrawals (including any applicable Withdrawal Charges)Withdrawals, Transfers out of a subaccount, and the deduction of any Transfer Fee, Contract Charges Maintenance Charge or Transfer Fees any charge or fee associated with an attached rider as described in that rider will decrease the number of Accumulation Units. The change in the number of Accumulation Units is equal to the net amount allocated to or deducted from the subaccount, divided by that subaccount’s Accumulation Unit Value. Accumulation Unit Value We arbitrarily set the initial Accumulation Unit Value for each subaccount. At the end of each Business Day for each subaccount, we multiply the Accumulation Unit Value at the end of the prior Business Day by the percentage change in value of a Variable an Investment Option since the prior Business Day. The percentage change includes both the market performance of the Variable Investment Option and any applicable assessed Mortality and Expense Risk Chargecharge associated with an attached rider as described in that rider. How we calculate Index Option Values On Transfers Before the first Term Start Annuity Date, the Index Option Value and Index Option Base for each Index Option are equal to: • The portion you can Transfer all or a part of the Initial Purchase Payment allocated to that Index Option, if the Index Effective Date is the Issue Date; or • The portion of Variable Account Value allocated to that Index Option, if the Index Effective Date is not the Issue Date. At the end of each Business Day other than the Term Start Date or Term End Date, the Index in an Investment Option Value is equal to the Index into another Investment Option Base plus its Daily Adjustment. We establish a Proxy Value to calculate the Daily Adjustment. The Proxy Value is determined on each Business Day based on the value of a hypothetical set of put and call options as determined by within an option pricing formula. The Daily Adjustment is calculated before we process any Partial Withdrawal or deduct any Contract Charges using the Index Option Base, the current Proxy Value, and the Proxy Value as of the Term Start Date. At the end of each Business Day, we reduce each Index Option Value by the dollar amount withdrawn from the Index Option, including any Withdrawal Charge, and Contract Charges. We deduct money from an Index Option proportionately based on the percentage of Contract Value in each Allocation Option, unless you specify otherwise. We then reduce each Index Option Base by the same percentage that the amount withdrawn reduced its associated Index Option Value. On each Term End Date, we calculate the Index Option Value for each Index Option(s) by applying its associated Performance Credit to its Index Option Base. If the Term End Date is not a Business Day, we calculate the Performance Credit on the next Business Day. L40538-NY03 9 Contract Value continued from the previous page How we calculate Index Option Values (continued) On each Term End Date, we determine the Index Return for each Index Option. The Index Return is the Index Value for the Term End Date, minus the Index Value from the Term Start Date, divided by the Index Value from the Term Start Date. If the Term Start Date or Term End Date is not a Business Day, we use the Index Value on the next Business Day. If, for any Index Option, there is a Cap, and the Index Return multiplied by the Participation Rate, if applicable, is positive and greater than or equal to the Cap for an Index Option, then the Performance Credit for the Index Option is equal to the Cap. If the Index Return multiplied by the Participation Rate, if applicable, is positive, but less than the CapAccount, or if we declare an Index Performance Strategy Index into another Investment Option is uncappedin another Account, then the Performance Credit for that Index Option is equal to the Index Return multiplied by the Participation Rate, if applicable. If, for any Index Option, the Index Return is zero or negative, but within the Buffer, then the Performance Credit for that Index Option is zero. If the Index Return is negative and extends beyond the Buffer, then the Performance Credit for that Index Option is equal to the Index Return plus the Buffer. For each Index Option that receives a Performance Credit, we multiply its Performance Credit by its Index Option Base. This result is then added to its Index Option Base. We then set each Index Option Value equal to its Index Option Base. Finally, on each Term End Date, for each Index Option we: • Increase its Index Option Value and Index Option Base by the amount of any Additional Purchase Payments and Transfers into the Index Option received that day; • Reduce its Index Option Value and Index Option Base by the amount transferred out of the Index Option; and • Reduce its Index Option Value and Index Option Base for Withdrawals (including any Withdrawal Charge) and Contract Charges as described above. Performance Lock You can request a Performance Lock of the current Index Option Value for any of your unlocked Index Options by providing an Authorized Request. We process the request If we offer more than one Investment Option group in an Account, you can make Transfers into or out of these groups as long as you comply with any Investment Option restrictions shown on the Lock Date based Investment Options Contract Schedule. We may limit the number of Transfers that you can make. Each Contract Year, you are allowed the Number of Free Transfers Permitted shown on the values Contract Schedule. We charge a Transfer Fee for each Transfer you make in excess of the Number of Free Transfers Permitted. Transfers we make at the end of the Right to Examine period, Transfers made pursuant to a regularly scheduled Transfer, Transfers made between the same Investment Option in different Accounts, quarterly rebalancing Transfers, or other Transfers under programs specifically waiving the Transfer Fee are not counted in determining the application of the Transfer Fee. All Transfers are subject to the following. · Any Transfer Fee that we impose is shown on the Contract Schedule. We deduct the Transfer Fee from the Investment Options from which the Transfer is made. If you are transferring from multiple Investment Options, we treat the Transfer as a single transfer, and we deduct any Transfer Fee proportionately from the Investment Options. If you Transfer the total amount in the Investment Option, then we deduct the Transfer Fee from the amount transferred. The deduction of the Transfer Fee reduces the Account Values by the dollar amount deducted. We deduct the Transfer Fee from the Account Values at the end of the Business DayDay that we process the transfer request. Compared with what · Any Transfer request must clearly specify the amount you would have received as wish to Transfer and the Accounts and Investment Options involved. Restrictions may be applied on a Performance Credit on non-discriminatory basis to prevent any use of this Transfer privilege which we consider to be part of a market-timing program. A market-timing program is one where Transfers are made to or from Investment Options in anticipation of expected future changes in the Term End Date, if you exercise a Performance Lock on an Index Performance Strategy Index Option(s) or the Index Protection NY Strategy Index Options you may receive less than the full protection performance of the BufferInvestment Options. Market-timing may be characterized by frequent or large trades or a grouping of trades for multiple contract Owners. L40537-NY 6 Transfers continued from previous page We reserve the right to impose the following modifications and restrictions on Transfers between the Investment Options to prevent market-timing activities. · Requiring a minimum time period between each Transfer. · Limiting the frequency of Transfers. · Not accepting a Transfer request from, or made on your behalf by, a third party or a registered representative. · Limiting the dollar amounts that an Owner can Transfer between the Investment Options at any one time. · Not accepting Transfer instructions other than by first class U.S. mail. · Prohibiting Transfers into specific Investment Options. We may, without prior notice to any party, take whatever action we deem appropriate to comply with any state or federal regulatory requirement. In addition, purchase orders for an Investment Option’s shares are subject to acceptance by that Investment Option’s manager. We reserve the right to reject, without prior notice, any Investment Option Transfer request or Purchase Payment if uncapped, less than the full Index Return multiplied purchase order is rejected by the Participation Rate over investment manager. We have entered into agreements required under SEC Rule 22c-2 with the Terminvestment managers. Once an Index Option Value has been locked: • The Index Option Value will not change until Under the next Index Anniversary that occurs on or immediately after terms of the Lock Date, unless it is reduced for Withdrawals and any other Contract Charges; • The locked Index Option will not receive a Performance Credit on the Term End Date; and • You cannot unlock the Index Option. On the Index Anniversary that occurs on or immediately after the Lock Date, agreements we will unlock the Index Option Value, set the Index Option Base equal to the Index Option Value and reallocate the Index Option Value according to your new allocation instructionsmust restrict trading activity upon request. If you have not provided new allocation instructionsuse this Transfer privilege, we are not liable for Transfers made in accordance with your instructions. We determine the number and value of the subaccount Accumulation Units to be transferred as of the end of the Business Day immediately following our receipt of the Authorized Request for Transfer. Suspension of Payments or Transfers We may suspend or postpone Transfers or payments for Withdrawals from the Variable Account for any period when: · The New York Stock Exchange is closed, other than customary weekend and holiday closings. · Trading on the New York Stock Exchange is restricted. · An emergency, as determined by the Securities and Exchange Commission, exists as a result of which disposal of the Investment Option shares held in the Variable Account is not reasonably practicable or it is not reasonably practicable to determine the Investment Options’ net asset value. · During any other period when the Securities and Exchange Commission, by order, so permits for the protection of Owners. Any suspension or postponement will reallocate be in accordance with the Index Option Value into deferment provisions of the same Index Option with a new Term. L40538-NY03 9Federal Investment Company Act of 1940, as amended.

Number of Accumulation Units. On the Issue Date, the number of Accumulation Units in each subaccount is equal to the Initial Purchase Payment amount allocated to that subaccount, divided by that subaccount’s 's Accumulation Unit Value. At the end of each Business Day, we adjust the number of Accumulation Units in each subaccount as follows. Additional Purchase Payments and Transfers into a subaccount will increase the number of Accumulation Units. Withdrawals (including any applicable Withdrawal Charges), Transfers out of a subaccount, and the deduction of any Contract Charges or Transfer Fees will decrease the number of Accumulation Units. The change in the number of Accumulation Units is equal to the net amount allocated to or deducted from the subaccount, divided by that subaccount’s 's Accumulation Unit Value. Accumulation Unit Value We arbitrarily set the initial Accumulation Unit Value for each subaccount. At the end of each Business Day for each subaccount, we multiply the Accumulation Unit Value at the end of the prior Business Day by the percentage change in value of a Variable Option since the prior Business Day. The percentage change includes the market performance of the Variable Option and any assessed Mortality and Expense Risk ChargeOption. How we calculate Index Option Values On the first Term Start Index Effective Date, the Index Option Value and Index Option Base for each Index Option are equal to: • · The portion of the Initial Purchase Payment allocated to that Index Option, if the Index Effective Date is the Issue Date; or • · The portion of Variable Account Value allocated to that Index Option, if the Index Effective Date is not the Issue Date. At the end of each Business Day other than the Term Start Index Effective Date or Term End DateIndex Anniversary, the Index Option Value is equal to the Index Option Base plus its Daily Adjustment. We establish a Proxy Value to calculate the Daily Adjustment. The Proxy Value is determined on each Business Day based on the value of a hypothetical set of put and call options as determined by an option pricing formula. The Daily Adjustment is calculated before we process any Partial Withdrawal or deduct any Contract Charges using the Index Option Base, the current Proxy Value, and the Proxy Value as of the Term Start Dateprevious Index Anniversary (or the Index Effective Date if this is the first Index Year). At the end of each Business Day, we reduce each Index Option Value by the dollar amount withdrawn from the Index Option, including any Withdrawal Charge, and Contract Charges. We deduct money from an Index Option proportionately based on the percentage of Contract Value in each Allocation Option, unless you specify otherwise. We then reduce each Index Option Base by the same percentage that the amount withdrawn reduced its associated Index Option Value. On each Term End DateIndex Anniversary, we calculate the Index Option Value for each Index Option(s) Performance Strategy Index Option and Index Protection NY Strategy Index Option by applying its associated Performance Credit to its Index Option Base. If the Term End Date Index Anniversary is not a Business Day, we calculate the Performance Credit on the next Business Day. L40538-NY03 9 NY018 Contract Value continued from the previous page How we calculate Index Option Values (continued) On each Term End Datethe Index Anniversary, we determine the Index Return for each Index Option. The Index Return is the Index Value for the Term End Datecurrent Index Anniversary, minus the Index Value from the Term Start Dateprevious Index Anniversary (or the Index Effective Date if this is the first Index Anniversary), divided by the Index Value from the Term Start Dateprevious Index Anniversary (or the Index Effective Date if this is the first Index Anniversary). If the Term Start Date or Term End Date is not a Business Day, we use the Index Value on the next Business Day. If, for any Index Option, there is a Cap, and the Index Return multiplied by the Participation Rate, if applicable, is positive and greater than or equal to the Cap for an Index Option, then the Performance Credit for the that Index Option is equal to the Cap. If the Index Return multiplied by the Participation Rate, if applicable, is positive, but less than the Cap, or if we declare an Index Performance Strategy Index Option is uncapped, then the Performance Credit for that Index Option is equal to the Index Return multiplied by the Participation Rate, if applicableReturn. If, for any Index Option, If the Index Return is zero or negative, but within the Buffer, then the Performance Credit for that Index Option is zero. If the Index Return is negative and extends beyond the Buffer, then the Performance Credit for that Index Option is equal to the Index Return plus the Buffer. For each Index Option that receives a Performance Credit, we multiply its Performance Credit by its Index Option Base. This result is then added to its Index Option Base. We then set each Index Option Value equal to its Index Option Base. FinallyThen, on each Term End DateIndex Anniversary, for each Index Option we: • · Increase its Index Option Value and Index Option Base by the amount of any Additional Purchase Payments and Transfers into the Index Option received that day; • · Reduce its Index Option Value and Index Option Base by the amount transferred out of the Index Option; and • · Reduce its Index Option Value and Index Option Base for Withdrawals (including any Withdrawal Charge) and Contract Charges as described above. Performance Lock You can request a Performance Lock of the current Index Option Value for any of your unlocked Index Options by providing an Authorized Request. We process the request on the Lock Date based on Business Day we receive an Authorized Request, and you will receive the values Daily Adjustment at the end of the that Business Day. Compared with what you would have received as a Performance Credit on the Term End Date, if If you exercise a Performance Lock on an Lock, the locked Index Performance Strategy Index Option(s) or Option will not receive the Daily Adjustment for the remainder of the Index Protection NY Strategy Index Options you may receive less than the full protection of the Buffer, or if uncapped, less than the full Index Return multiplied by the Participation Rate over the TermYear. Once an Index Option Value has been locked: • · The Index Option Value will not change until the next Index Anniversary that occurs on or immediately after the Lock DateAnniversary, unless it is reduced for Withdrawals and any other Contract Charges; • · The locked Index Option will not receive a Performance Credit on the Term End Datenext Index Anniversary; and • · You cannot unlock the Index Option. On the every Index Anniversary that occurs on or immediately after the Lock DateAnniversary, we will unlock the any previously locked Index Option Value, set the Index Option Base equal to the Index Option Value and reallocate the Index Option Value according to your new allocation instructions. If you have not provided new allocation instructions, we will reallocate the Index Option Value into the same Index Option with a new TermValues. L40538-NY03 9NY018