Common use of Payment of the Death Benefit Clause in Contracts

Payment of the Death Benefit. We require a Valid Claim before we pay any Death Benefit. All Death Benefits are paid in accordance with applicable law or regulations governing Death Benefit payments under Option A, B, or C. Continuation of Contract by the Surviving Spouse During the Accumulation Phase, the surviving Spouse of the deceased Owner who is a primary Beneficiary may choose to continue their portion of this contract as the sole Owner instead of receiving payment of the Death Benefit. Continuation may be elected by providing us a Valid Claim, and this continuation will be effective when we receive a Valid Claim. If a Joint Owner is the surviving Spouse of the deceased Owner, he or she is eligible to continue this contract as the sole Owner because the surviving Spouse automatically becomes the sole primary Beneficiary of the deceased Owner. If this contract is owned by a qualified retirement plan or an IRA held by a third party custodian, the surviving Spouse of the deceased Annuitant is eligible to continue this contract as the Annuitant if the qualified retirement plan or IRA third party custodian is designated as the primary Beneficiary under this contract and the surviving Spouse is designated as the primary beneficiary under the qualified retirement plan or IRA. If a surviving Spouse continues this contract as the sole Owner, he or she may exercise all Ownership rights under this contract. If the contract continues, if the Cash Value is greater than the Contract Value, the difference between the two values will be placed in the Interim Fund(s). On the next Index Anniversary, we then allocate the Contract Value in the Interim Fund(s) among your selected Allocation Options according to your most recent allocation instructions. L40538-IADV 14 [Admin Tracking Identifier] Death Benefit continued from the previous page

Payment of the Death Benefit. We require a Valid Claim before we pay any Death Benefit. All Death Benefits are paid in accordance with applicable law or regulations governing Death Benefit payments under Option A, B, or C. Continuation of Contract this contract by the Surviving Spouse During surviving spouse Before the Accumulation PhaseAnnuity Date, the an eligible surviving Spouse of the deceased Owner who is a primary Beneficiary may spouse can choose to continue their portion of this contract as the sole Owner contract, instead of receiving payment of the Death Benefit. Continuation may be elected , by providing us a Valid Claim, and this continuation will be effective when we receive a Valid Claiman Authorized Request. If a Joint Owner Beneficiary is the surviving Spouse spouse of the deceased Owner, he or she is eligible to continue their portion of this contract as the sole Owner. If a Joint Owner because is the surviving Spouse automatically becomes the sole primary Beneficiary spouse of the deceased Owner. If this contract is owned by a qualified retirement plan , he or an IRA held by a third party custodian, the surviving Spouse of the deceased Annuitant she is eligible to continue their portion of this contract as the Annuitant if sole Owner. If the Owner is a non-individual, a Beneficiary is the surviving spouse of the deceased Annuitant, and this contract is qualified retirement plan or IRA third party custodian under the federal tax code, the surviving spouse is designated eligible to continue their portion of this contract as the primary Beneficiary under this contract and the surviving Spouse is designated as the primary beneficiary under the qualified retirement plan or IRAAnnuitant. If a surviving Spouse spouse continues this contract as the sole Owner, he or she may can exercise all Ownership rights under this contract. If the contract continues, if the Cash Value is greater than the Contract Value, the difference between the two values will be placed in the Interim Fund(s). On the next Index Anniversary, we then allocate the Contract Value in the Interim Fund(s) among your selected Allocation Options according to your most recent allocation instructions. L40538-IADV 14 [Admin Tracking Identifier] L40537 9 Death Benefit continued from the previous pagepage Death Benefit payment options If the Owner has not previously designated a Death Benefit payment option, a Beneficiary must request that the Death Benefit be paid by one of the payment options below. We do not deduct the Contract Maintenance Charge under these payment options. Option A - A lump sum payment of the Death Benefit. Option B - Deferral of payment of the Death Benefit for up to five years from the date of the death of any Owner. During the deferral period, the Beneficiary can make Transfers within their portion of the contract among the Investment Options. At the end of the fifth year, any remaining Death Benefit is paid in a lump sum. Option C - If the Beneficiary is an individual, payment of the Death Benefit as Annuity Payments under an Annuity Option over the lifetime of the Beneficiary, or over a period not extending beyond the life expectancy of the Beneficiary. Distribution must begin within one year of the date of death of any Owner. Any Beneficiary’s portion of the Death Benefit not applied to Annuity Payments under an Annuity Option within one year of the date of the Owner’s death must be distributed within five years of the date of death. If a Beneficiary requests a lump sum payment, we pay that Beneficiary the amount from the Variable Account within seven days of receipt of his or her Valid Claim, unless the Suspension of payments or Transfers provision in this contract is in effect.

Payment of the Death Benefit. We require a Valid Claim before we pay any Death Benefit. All Death Benefits are paid in accordance with applicable law or regulations governing Death Benefit payments under Option A, B, or C. Continuation of Contract by the Surviving Spouse During the Accumulation Phase, the surviving Spouse of the deceased Owner who is a primary Beneficiary may choose to continue their portion of this contract as the sole Owner instead of receiving payment of the Death Benefit. Continuation may be elected by providing us a Valid Claim, and this continuation will be effective when we receive a Valid Claim. If a Joint Owner is the surviving Spouse of the deceased Owner, he or she is eligible to continue this contract as the sole Owner because the surviving Spouse automatically becomes the sole primary Beneficiary of the deceased Owner. If this contract is owned by a qualified retirement plan or an IRA held by a third party custodian, the surviving Spouse of the deceased Annuitant is eligible to continue this contract as the Annuitant if the qualified retirement plan or IRA third party custodian is designated as the primary Beneficiary under this contract and the surviving Spouse is designated as the primary beneficiary under the qualified retirement plan or IRA. If a surviving Spouse continues this contract as the sole Owner, he or she may exercise all Ownership rights under this contract. If the contract continues, if the Cash Value is greater than the Contract Value, the difference between the two values Death Benefit payment that would have otherwise been processed will be placed in the Interim Fund(s). On the next Index Anniversary, we then allocate the rebalance your Contract Value in the Interim Fund(s) among your selected Allocation Options according to your most recent future allocation instructions. L40538-IADV 14 IAI 12 [Admin Tracking Identifier] Death Benefit continued from the previous page]

Payment of the Death Benefit. We require a Valid Claim before we pay any Death Benefit. All Death Benefits are paid in accordance with applicable law or regulations governing Death Benefit payments under Option A, B, or C. L40537-NY 9 Death Benefit continued from the previous page Continuation of Contract this contract by the Surviving Spouse During surviving spouse Before the Accumulation PhaseAnnuity Date, the an eligible surviving Spouse of the deceased Owner who is a primary Beneficiary may spouse can choose to continue their portion of this contract as the sole Owner contract, instead of receiving payment of the Death Benefit. Continuation may be elected , by providing us a Valid Claim, and this continuation will be effective when we receive a Valid Claiman Authorized Request. An eligible surviving spouse is one that qualifies as such under federal law. If a Joint Owner Beneficiary is the surviving Spouse spouse of the deceased Owner, he or she is eligible to continue their portion of this contract as the sole Owner. If a Joint Owner because is the surviving Spouse automatically becomes the sole primary Beneficiary spouse of the deceased Owner. If this contract is owned by a qualified retirement plan , he or an IRA held by a third party custodian, the surviving Spouse of the deceased Annuitant she is eligible to continue their portion of this contract as the Annuitant if sole Owner. If the Owner is a non-individual, a Beneficiary is the surviving spouse of the deceased Annuitant, and this contract is qualified retirement plan or IRA third party custodian under the federal tax code, the surviving spouse is designated eligible to continue their portion of this contract as the primary Beneficiary under this contract and the surviving Spouse is designated as the primary beneficiary under the qualified retirement plan or IRAAnnuitant. If a surviving Spouse spouse continues this contract as the sole Owner, he or she may can exercise all Ownership rights under this contract. Death Benefit payment options If the contract continuesOwner has not previously designated a Death Benefit payment option, if a Beneficiary must request that the Cash Value is greater than Death Benefit be paid by one of the payment options below. We do not deduct the Contract ValueMaintenance Charge under these payment options. Option A - A lump sum payment of the Death Benefit. Option B - Deferral of payment of the Death Benefit for up to five years from the date of the death of any Owner. During the deferral period, the difference between Beneficiary can make Transfers within their portion of the two values will contract among the Investment Options. At the end of the fifth year, any remaining Death Benefit is paid in a lump sum. Option C - If the Beneficiary is an individual, payment of the Death Benefit as Annuity Payments under an Annuity Option over the lifetime of the Beneficiary, or over a period not extending beyond the life expectancy of the Beneficiary. Distribution must begin within one year of the date of death of any Owner. Any Beneficiary’s portion of the Death Benefit not applied to Annuity Payments under an Annuity Option within one year of the date of the Owner’s death must be placed in distributed within five years of the Interim Fund(s)date of death. On the next Index AnniversaryIf a Beneficiary requests a lump sum payment, we then allocate pay that Beneficiary the Contract Value in the Interim Fund(s) among your selected Allocation Options according to your most recent allocation instructions. L40538-IADV 14 [Admin Tracking Identifier] Death Benefit continued amount from the previous pageVariable Account within seven days of receipt of his or her Valid Claim, unless the Suspension of Payments or Transfers section in this contract is in effect.

Payment of the Death Benefit. We require due proof of death, selection of a Valid Claim death benefit payment option, and any required governmental forms before we pay any Death Benefit. Due proof of death includes a certified copy of the death certificate, a decree of court of competent jurisdiction as to the finding of death, or any other proof satisfactory to us. All Death Benefits are will be paid in accordance with applicable law or regulations governing Death Benefit payments under Option A, B, or C. Continuation of Contract this contract by the Surviving Spouse During the Accumulation Phase, the surviving Spouse of the deceased Owner who is a primary Beneficiary may spouse An eligible surviving spouse can choose to continue their portion of this contract as the sole Owner contract, instead of receiving payment of the Death Benefit. Continuation may be elected , by providing us a Valid Claim, and this continuation will be effective when we receive a Valid Claiman Authorized Request. An eligible surviving spouse is one that qualifies as such under federal law. If a Joint Owner Beneficiary is the surviving Spouse spouse of the deceased Owner, he or she is eligible to continue their portion of this contract as the sole Owner. If a Joint Owner because is the surviving Spouse automatically becomes the sole primary Beneficiary spouse of the deceased Owner. If this contract is owned by a qualified retirement plan , he or an IRA held by a third party custodian, the surviving Spouse of the deceased Annuitant she is eligible to continue their portion of this contract as the Annuitant if sole Owner. If the Owner is a non-individual, a Beneficiary is the surviving spouse of the deceased Annuitant, and this contract is qualified retirement plan or IRA third party custodian under the federal tax code, the surviving spouse is designated eligible to continue their portion of this contract as the primary Beneficiary under this contract and the surviving Spouse is designated as the primary beneficiary under the qualified retirement plan or IRAAnnuitant. If a surviving Spouse spouse continues this contract as the sole Owner, he or she may can exercise all Ownership rights under this contract. If the contract continues, if the Cash Value is greater than the Contract Value, the difference between the two values will be placed in the Interim Fund(s). On the next Index Anniversary, we then allocate the Contract Value in the Interim Fund(s) among your selected Allocation Options according to your most recent allocation instructions. L40538L40533-IADV 14 [Admin Tracking Identifier] NY 13 Death Benefit continued from the previous pagepage Death benefit payment options If the Owner has not previously designated a death benefit payment option, a Beneficiary must request that the Death Benefit be paid by one of the payment options below. We do not deduct the Contract Maintenance Charge under these payment options. Option A - A lump sum payment of the Death Benefit. Option B - Deferral of payment of the Death Benefit for up to five years from the date of the death of any Owner.