424B3: Prospectus [Rule 424(b)(3)]
Published on
STRATEGIC PARTNERS(R) HORIZON ANNUITY
PROSPECTUS: APRIL 29, 2013
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This prospectus describes a market value adjusted individual annuity contract
offered by Pruco Life Insurance Company of New Jersey ("Pruco Life of New
Jersey", "we", "our", or "us"). Pruco Life of New Jersey offers several
different annuities which your representative may be authorized to offer to
you. Each annuity has different features and benefits that may be appropriate
for you based on your financial situation, your age and how you intend to use
the annuity. The different features and benefits include variations in death
benefit protection and the ability to access your annuity's contract value and
the charges that you will be subject to if you choose to surrender the
annuity. The fees and charges under the annuity contract and compensation paid
to your representative may also be different between each annuity. If you are
purchasing the contract as a replacement for variable annuity or variable life
coverage, you should consider, among other things, any surrender or penalty
charges you may incur when replacing your existing coverage. Pruco Life of New
Jersey is an indirect wholly owned subsidiary of the Prudential Insurance
Company of America. Pruco Life of New Jersey is located at 213 Washington
Street, Newark, NJ 07102-2992, and can be contacted by calling 800-944-8786.
Pruco Life of New Jersey administers the Strategic Partners Horizon annuity
contracts at the Prudential Annuity Service Center, P.O. Box 7960,
Philadelphia, PA 19176. You can contact the Prudential Annuity Service Center
by calling, toll-free, (888) PRU-2888.
PLEASE READ THIS PROSPECTUS
Please read this prospectus before purchasing a Strategic Partners Horizon
Annuity contract and keep it for future reference. The Risk Factors section
appears in Section 9 of the Summary.
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THE SEC HAS NOT DETERMINED THAT THIS CONTRACT IS A GOOD INVESTMENT, NOR HAS
THE SEC DETERMINED THAT THIS PROSPECTUS IS COMPLETE OR ACCURATE. IT IS A
CRIMINAL OFFENSE TO STATE OTHERWISE. INVESTMENT IN A MARKET VALUE ADJUSTED
ANNUITY CONTRACT IS SUBJECT TO RISK, INCLUDING THE POSSIBLE LOSS OF YOUR
MONEY. AN INVESTMENT IN STRATEGIC PARTNERS HORIZON ANNUITY IS NOT A BANK
DEPOSIT AND IS NOT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION OR ANY
OTHER GOVERNMENT AGENCY.
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ORDO1146NY
PLEASE SEE OUR IRA, ROTH IRA AND FINANCIAL DISCLOSURE STATEMENTS
ATTACHED TO THE BACK COVER OF THIS PROSPECTUS.
CONTENTS
2
PART I SUMMARY
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STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS
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PART I: STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SUMMARY
GLOSSARY
We have tried to make this prospectus as easy to read and understand as
possible. By the nature of the contract, however, certain technical words or
terms are unavoidable. We have identified the following as some of the key
words or terms. Other defined terms are set forth in your contract.
ACCUMULATION PHASE
The period that begins with the contract date (which we define below) and ends
when you start receiving income payments, or earlier if the contract is
terminated through a full withdrawal or payment of a death benefit.
ANNUITANT
The person whose life determines the amount of income payments that we will
pay. If the annuitant dies before the annuity date, the co-annuitant (if any)
becomes the annuitant if the contract's requirements for changing the annuity
date are met. If, upon the death of the annuitant, there is no surviving
eligible co-annuitant, and the owner is not the annuitant, then the owner
becomes the annuitant.
ANNUITY DATE
The date when income payments are scheduled to begin. You must have our
permission to change the annuity date. If the co-annuitant becomes the
annuitant due to the death of the annuitant, and the co-annuitant is older
than the annuitant, then the annuity date will be based on the age of the
co-annuitant, provided that the contract's requirements for changing the
annuity date are met (e.g., the co-annuitant cannot be older than a specified
age). If the co-annuitant is younger than the annuitant, then the annuity date
will remain unchanged.
BENEFICIARY
The person(s) or entity you have chosen to receive a death benefit.
BUSINESS DAY
A day that we are open for business. Our business day generally ends at 4:00
p.m. Eastern time.
CO-ANNUITANT
The person shown on the contract data pages who becomes the annuitant (if
eligible) upon the death of the annuitant if the requirements for changing the
annuity date are met. We may also refer to a co-annuitant as a "contingent
annuitant."
CODE
The Internal Revenue Code of 1986, as amended from time to time.
CONTRACT DATE
The date we accept your initial purchase payment and all necessary paperwork
in good order at the Prudential Annuity Service Center. Contract anniversaries
are measured from the contract date. A contract year starts on the contract
date or on a contract anniversary.
CONTRACT OWNER, OWNER OR YOU
The person entitled to the ownership rights under the contract.
CONTRACT SURRENDER VALUE
This is the total value of your contract adjusted by any market-value
adjustment, minus any withdrawal charge(s) and any premium taxes.
CONTRACT VALUE
The total value of the amount in a contract allocated to a guarantee period as
of a particular date.
DEATH BENEFIT
If a death benefit is payable, the beneficiary you designate will receive the
contract value as the death benefit. If the contract is owned by an entity
(e.g. a corporation or trust), rather than by an individual, then we will pay
the death benefit upon the death of the annuitant. See Section 4, "What Is The
Death Benefit?"
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FREE LOOK
Under state insurance laws, you have the right, during a limited period of
time, to examine your contract and decide if you want to keep it or cancel it.
This right is referred to as your "Free Look" right. The length of this time
may vary depending on whether your purchase is a replacement or not.
GOOD ORDER
An instruction received at the Prudential Annuity Service Center, utilizing
such forms, signatures and dating as we require, which is sufficiently clear
that we do not need to exercise any discretion to follow such instructions.
GUARANTEE PERIOD
A period of time during which your invested purchase payment earns interest at
the declared rate. We currently make available guarantee periods equal to any
or all of the following: 1 year (currently available only as a renewal
option), 3 years, 5 years, 7 years, and 10 years. A guarantee period that does
not exceed five years will always be available as a renewal option. During the
30 day period immediately preceding the end of a guarantee period, we allow
you to make an additional purchase payment, which will be allocated to another
guarantee period available at that time (provided that the new guarantee
period ends prior to the contract anniversary next following the annuitant's
90th birthday (or ten years after the contract date, if later) and that you
reinvest at least $1000).
INCOME OPTIONS
Options under the contract that define the frequency and duration of income
payments. In your contract, we also refer to these as payout or annuity
options.
INVESTED PURCHASE PAYMENT
Your purchase payment (which we define below) less any deduction we make for
any tax charge. In addition to the initial invested purchase payment, we allow
you to make additional purchase payments during the 30 days preceding the end
of a guarantee period.
JOINT OWNER
The person named as the joint owner, who shares ownership rights with the
owner as defined in the contract. A joint owner must be a natural person.
PRUDENTIAL ANNUITY SERVICE CENTER
For general correspondence: P.O. Box 7960, Philadelphia, PA, 19176. For
express overnight mail: 2101 Welsh Road, Dresher, PA 19025. The phone number
is (888) PRU-2888. Prudential's Web site is www.prudentialannuities.com.
PURCHASE PAYMENTS
The amount of money you pay us to purchase the contract, as well as any
additional payment you make.
TAX DEFERRAL
This is a way to increase your assets without currently being taxed.
Generally, you do not pay taxes on your contract earnings until you take money
out of your contract. You should be aware that tax favored plans (such as
IRAs) already provide tax deferral regardless of whether they invest in
annuity contracts. See Section 8, "What Are The Tax Considerations Associated
With The Strategic Partners Horizon Annuity Contract?"
WE, US, OUR
Pruco Life Insurance Company of New Jersey.
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SUMMARY OF SECTIONS 1-9
FOR A MORE COMPLETE DISCUSSION OF THE FOLLOWING TOPICS, SEE THE CORRESPONDING
SECTION IN THE PROSPECTUS.
SECTION 1
WHAT IS THE STRATEGIC PARTNERS HORIZON ANNUITY?
This market value adjusted annuity contract, offered by Pruco Life of New
Jersey, is a contract between you, as the owner, and us. The contract is
intended for retirement savings or other long-term investment purposes and
provides a death benefit and guaranteed income options.
While your money remains in the contract for the full guarantee period, your
principal amount is guaranteed and the minimum interest amount that your money
will earn is dictated by state law. Payments allocated to the contract are
held as a separate pool of assets, but the income, gains or losses experienced
by these assets are not directly credited or charged against the contracts. As
a result, the strength of our guarantees under the contract are based on the
overall financial strength of Pruco Life of New Jersey.
The contract, like all deferred annuity contracts, has two phases: the
accumulation phase and the income phase. During the accumulation phase,
earnings grow on a tax-deferred basis and are taxed as income when you make a
withdrawal. The income phase starts when you begin receiving regular payments
from your contract. The amount of money you are able to accumulate in your
contract during the accumulation phase will help determine the amount of the
payments you will receive during the income phase. Other factors will affect
the amount of your payments such as age, gender and the payout option you
selected.
We may amend the contract as permitted by law. For example, we may add new
features to the contract. Subject to applicable law, we determine whether or
not to make such contract amendments available to contracts that already have
been issued.
Free Look. If you change your mind about owning Strategic Partners Horizon
Annuity, you may cancel your contract within 10 days after receiving it (or
whatever other period is required by applicable law). You can request a refund
by returning the contract either to the representative who sold it to you, or
to the Prudential Annuity Service Center at the address shown on the first
page of this prospectus. You will receive the amount your contract is worth as
of the day you submit your request.
We impose neither a withdrawal charge nor any market value adjustment if you
cancel your contract under the "free look" provision. To the extent dictated
by state law, we will include in your refund the amount of any fees and
charges that we deducted.
SECTION 2
WHAT GUARANTEE PERIODS CAN I CHOOSE?
You can allocate your initial purchase payment to one of the guarantee periods
available under the contract. We have the right under the contract to offer
one or more of the following guarantee periods: 1 year (currently available
only as a renewal option), 3 years, 5 years, 7 years, or 10 years, and we may
offer other guarantee periods in the future. At any time, we may offer any or
all of these guarantee periods. You may not allocate your purchase payment to
more than one guarantee period.
SECTION 3
WHAT KIND OF PAYMENTS WILL I RECEIVE DURING THE INCOME PHASE? (ANNUITIZATION)
If you want to receive regular income from your annuity, you can choose one of
several options, including guaranteed payments for the annuitant's lifetime.
Once you begin receiving regular payments, you cannot change your payment plan.
SECTION 4
WHAT IS THE DEATH BENEFIT?
If the sole owner or the first of the joint owners dies, the designated
person(s) or the beneficiary will receive the contract value as the death
benefit. If the contract is owned by an entity (e.g., a corporation or trust),
rather than by an individual, then we will pay the death benefit upon the
death of the annuitant.
SECTION 5
HOW CAN I PURCHASE A STRATEGIC PARTNERS HORIZON ANNUITY CONTRACT?
You can purchase this contract, under most circumstances, with a minimum
initial purchase payment of $5,000, but not greater than $5 million, absent
our prior approval. We allow you to make additional purchase payments only
during the 30 days immediately preceding the end of a guarantee period. Your
representative can help you fill out the proper forms.
SECTION 6
WHAT ARE THE EXPENSES ASSOCIATED WITH THE STRATEGIC PARTNERS HORIZON ANNUITY
CONTRACT?
During the accumulation phase, if you withdraw money, you may have to pay a
withdrawal charge on all or part of the withdrawal. The withdrawal charge that
we impose depends on the guarantee period during which you are withdrawing
your money. The withdrawal charge ranges from 0%-7%. You also will be subject
to a market value adjustment if you make a withdrawal prior to the end of a
guarantee period.
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SECTION 7
HOW CAN I ACCESS MY MONEY?
You may withdraw money at any time during the accumulation phase. You may,
however, be subject to income tax and, if you make a withdrawal prior to age
59 1/2, an additional tax penalty as well. Each contract year after the first,
you may withdraw without charge, an amount equal to the interest you earned
during the previous contract year (the "charge-free amount"). During years
when a withdrawal charge applies (see "6: What Are the Expenses Associated
with the Strategic Partners Horizon Annuity Contract? - Withdrawal Charge"),
withdrawals greater than the charge-free amount will be subject to a
withdrawal charge. A market-value adjustment may also apply.
SECTION 8
WHAT ARE THE TAX CONSIDERATIONS ASSOCIATED WITH THE STRATEGIC PARTNERS HORIZON
ANNUITY CONTRACT?
Your earnings are generally not taxed until withdrawn. If you withdraw money
during the accumulation phase, the tax laws first treat the withdrawals as a
withdrawal of earnings, which are taxed as ordinary income. If you are younger
than age 59 1/2 when you withdraw money, you may be charged a 10% federal tax
penalty on the earnings in addition to ordinary taxation. A portion of the
payments you receive during the income phase is considered a partial return of
your original investment. Generally, all amounts withdrawn from an Individual
Retirement Annuity (IRA) (excluding Roth IRAs) contract are taxable and
subject to the 10% penalty if withdrawn prior to age 59 1/2.
SECTION 9
OTHER INFORMATION
This contract is issued by Pruco Life Insurance Company of New Jersey, an
indirect subsidiary of The Prudential Insurance Company of America, and sold
by registered representatives of affiliated and unaffiliated broker/dealers.
RISK FACTORS
There are various risks associated with an investment in the Strategic
Partners Horizon Annuity that we summarize below.
ISSUER RISK. Your Strategic Partners Horizon Annuity is available under a
contract issued by Pruco Life of New Jersey, and thus is backed by the
financial strength of that company. If Pruco Life of New Jersey were to
experience significant financial adversity, it is possible that Pruco Life of
New Jersey's ability to pay interest and principal under the annuity could be
impaired.
RISKS RELATED TO CHANGING INTEREST RATES. You do not participate directly in
the investment experience of the bonds and other instruments that Pruco Life
of New Jersey holds to support the Strategic Partners Horizon annuities.
Nonetheless, the market value adjustment formula (which is detailed in the
appendix to this prospectus) reflects the effect that prevailing interest
rates have on those bonds and other instruments. If you need to withdraw your
money during a period in which prevailing interest rates have risen above
their level when you made your purchase, you will experience a "negative"
market value adjustment. When we impose this market value adjustment, it could
result in the loss of both the interest you have earned and a portion of your
purchase payments. Thus, before you commit to a particular guarantee period,
you should consider carefully whether you have the ability to remain invested
throughout the guarantee period. In addition, we cannot, of course, assure you
that the Strategic Partners Horizon Annuity will perform better than another
investment that you might have made.
RISKS RELATED TO THE WITHDRAWAL CHARGE. We may impose withdrawal charges that
range as high as 7%. If you anticipate needing to withdraw your money prior to
the end of a guarantee period, you should be prepared to pay the withdrawal
charge that we will impose.
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PART II SECTIONS 1-9
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STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS
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1: WHAT IS THE STRATEGIC PARTNERS HORIZON ANNUITY?
THE STRATEGIC PARTNERS HORIZON ANNUITY IS A CONTRACT BETWEEN YOU, THE OWNER,
AND US, THE INSURANCE COMPANY, PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY
(PRUCO LIFE OF NEW JERSEY, WE OR US).
Under our contract or agreement, in exchange for your payment to us, we
promise to pay you a guaranteed income stream that can begin any time after
the first contract anniversary. Your annuity is in the accumulation phase
until you decide to begin receiving annuity payments. The date you begin
receiving annuity payments is the annuity date. On the annuity date, your
contract switches to the income phase.
This annuity contract benefits from tax deferral. Tax deferral means that you
are not taxed on earnings or appreciation on the assets in your contract until
you withdraw money from your contract. (If you purchase the annuity contract
in a tax-favored plan such as an IRA, that plan generally provides tax
deferral even without investing in an annuity contract. Therefore, before
purchasing an annuity in a tax-favored plan, you should consider whether its
features and benefits beyond tax deferral meet your needs and goals. You may
also want to consider the relative features, benefits and costs of these
annuities compared with any other investment that you may use in connection
with your retirement plan or arrangement.)
Strategic Partners Horizon Annuity allows you to allocate a purchase payment
to one of several guarantee periods that we offer at the time. As the owner of
the contract, you have all of the decision-making rights under the contract.
You will also be the annuitant unless you designate someone else. The owner is
the person upon whose death during the accumulation phase, the death benefit
generally is payable. The annuitant is the person whose life is used to
determine the amount of annuity payments and how long the payments will
continue. On and after the annuity date, the annuitant may not be changed.
The beneficiary is the person(s) or entity designated to receive any death
benefit if the owner (or first-to-die of joint owners) dies during the
accumulation phase. You may change the beneficiary any time prior to the
annuity date by making a written request to us.
SHORT TERM CANCELLATION RIGHT OR "FREE LOOK"
If you change your mind about owning Strategic Partners Horizon Annuity, you
may cancel your contract within 10 days after receiving it (or whatever period
is required by applicable law). You can request a refund by returning the
contract either to the representative who sold it to you, or to the Prudential
Annuity Service Center at the address shown on the first page of this
prospectus. You will receive the amount your contract is worth as of the day
we receive your request in good order, less any applicable federal and state
income tax withholding.
We impose neither a withdrawal charge nor any market value adjustment if you
cancel your contract under this provision.
2: WHAT GUARANTEE PERIODS CAN I CHOOSE?
The contract gives you the choice of allocating your purchase payment to one
of the guarantee periods that we are offering at the time.
GUARANTEE PERIODS
Under the Strategic Partners Horizon Annuity contract, we have the right to
offer one or more of several guarantee periods. These guarantee periods are 1
year (currently available only as a renewal option), 3 years, 5 years, 7
years, or 10 years in length. In the future, we may offer other guarantee
periods on substantially the same terms as described in this prospectus. We
are not obligated to offer more than one guarantee period at any time. We will
apply your purchase payment to the guarantee period you have chosen. You must
allocate all of your initial purchase payment to a single guarantee period. A
Guarantee Period begins:
.. when all or part of a purchase payment is allocated to that particular
Guarantee Period; or
.. when you "renew" into a new Guarantee Period.
We periodically declare, in our sole discretion, the interest rate for each
available guarantee period. We also guarantee that you will receive an
interest rate at least equal to the minimum stipulated by applicable state
law. You will earn interest on your invested purchase payment at the rate that
we have declared for the guarantee period you have chosen. We do not have a
rigid formula for determining the fixed interest rates. Generally the interest
rates we offer will reflect the investment returns available on the types of
investments we make to support our fixed rate guarantees. These investment
types may include cash, debt securities guaranteed by the United States
government and its agencies and instrumentalities, money market instruments,
corporate debt obligations of different durations, mortgage-backed securities,
mortgage loans, private placements, asset-backed obligations and municipal
bonds. In determining rates we also consider factors such as the length of the
guarantee period, regulatory and tax requirements, liquidity of the markets
for the type of investments we make, commissions, administrative and
investment expenses, our insurance risks, general economic trends and
competition. We will credit interest on a new guarantee period at a rate not
less than the rate we are then crediting to guarantee periods of the same
length selected by new purchasers in the same class.
In addition to the basic interest, we also may pay additional interest with
respect to guarantee periods other than the one year and three year periods.
The amount of the additional interest varies according to the amount of your
purchase payment. Specifically, we may pay additional interest equal to 0.50%
annually for a purchase payment of $25,000 to $74,999, and 1.00% annually for a
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2: WHAT GUARANTEE PERIODS CAN I CHOOSE? CONTINUED
purchase payment of $75,000 or more. If we grant additional interest to you,
you will earn that interest only during the first year of your contract (and
during the first year of the initial renewal guarantee period, other than the
one and three year periods). We are not obligated to offer this additional
interest continuously, meaning that we reserve the right to offer additional
interest only during limited time periods of our choosing. We also reserve the
right to change the amount of the additional interest. As of August 24, 2009,
we are no longer granting additional interest with respect to purchases of new
contracts.
We express interest rates as annual rates, although we credit interest within
each guarantee period on a daily basis. The daily interest that we credit is
equal to the pro rated portion of the interest that would be earned on an
annual basis. We credit interest from the business day on which your purchase
payment is received in good order at the Prudential Annuity Service Center
until the earliest to occur of any of the following events: (a) full surrender
of the Contract, (b) commencement of annuity payments or settlement,
(c) cessation of the guarantee period, or (d) death of the first to die of the
owner and joint owner (or annuitant, for entity-owned contracts). At the time
that we confirm your guarantee period, we will advise you of the interest rate
in effect and the date your guarantee period matures. We may change the rates
we credit to a new guarantee period at any time. Any change in interest rate
does not affect guarantee periods that were in effect before the date of the
change. To inquire as to the current rates for guarantee periods, please call
1-888-PRU-2888.
During the 30-day period immediately preceding the end of a guarantee period,
we allow you to do any of the following, without the imposition of the
withdrawal charge or market value adjustment: (a) surrender the contract, in
whole or in part, (b) allocate the contract value to another guarantee period
available at that time (provided that the new guarantee period ends prior to
the contract anniversary next following the annuitant's 90/th/ birthday (or
ten years after the contract date, if later) and that you reinvest at least
$1,000), or (c) apply the contract value to the annuity or settlement option
of your choice. If we do not receive instructions from you concerning the
disposition of the contract value in your maturing guarantee period, we will
reinvest the contract value in a guarantee period having the same duration as
the guarantee period that matured (provided that the new guarantee period ends
prior to the contract anniversary next following the annuitant's 90/th/
birthday (or ten years after the contract date, if later) and that you
reinvest at least $1,000). If any available new guarantee period would end on
or after the contract anniversary next following the annuitant's 90/th/
birthday (or ten years after the contract date, if later), then we will make
only the one year guarantee period available as the renewal period. We will
not impose a withdrawal charge on amounts you withdraw from the one year
guarantee period described in the immediately preceding sentence, although
such a withdrawal would be subject to a market value adjustment.
MARKET VALUE ADJUSTMENT
When you allocate a purchase payment to a guarantee period, we use that money
to buy and sell securities and other instruments to support our obligation to
pay interest. Generally, we buy bonds and certain other instruments for this
purpose. The duration of the bonds and other instruments that we buy with
respect to a particular guarantee period is influenced significantly by the
length of the guarantee period. For example, we typically would acquire
longer-duration bonds with respect to the 10 year guarantee period than we do
for the 3 year guarantee period. The value of these bonds is affected by
changes in interest rates, among other factors. The market value adjustment
that we assess against your contract value if you withdraw prior to the end of
a guarantee period involves our attributing to you a portion of our investment
experience on these bonds and other instruments.
For example, if you make a full withdrawal when interest rates have risen
since the time of your investment, the bonds and other investments in the
guarantee period likely would have decreased in value, meaning that we would
impose a "negative" market value adjustment on you (i.e., one that results in
a reduction of the withdrawal proceeds that you receive). For a partial
withdrawal, we would deduct a negative market value adjustment from your
remaining contract value. Conversely, if interest rates have decreased, the
market value adjustment could be positive.
Other things you should know about the market value adjustment include the
following:
.. We determine the market value adjustment according to a mathematical
formula, which is set forth at the end of this prospectus under the heading
"Market-Value Adjustment Formula." In that section of the prospectus, we
also provide hypothetical examples of how the formula works.
.. A negative market value adjustment could cause you to lose not only the
interest you have earned but also a portion of your principal.
.. You may withdraw (after the first contract year), without the imposition of
any market value adjustment, an amount equal to the interest earned under
your contract during the immediately preceding contract year.
.. In addition to imposing a market value adjustment on withdrawals, we also
will impose a market value adjustment on the contract value you apply to an
annuity or settlement option, except if you annuitize or settle during the
30-day period preceding the end of a guarantee period (See Section 3 for
details).
YOU SHOULD REALIZE, HOWEVER, THAT APART FROM THE MARKET VALUE ADJUSTMENT, THE
VALUE OF THE BENEFITS UNDER YOUR CONTRACT DOES NOT DEPEND ON THE INVESTMENT
PERFORMANCE OF THE BONDS AND OTHER INSTRUMENTS THAT WE HOLD WITH RESPECT TO
YOUR GUARANTEE PERIOD. APART FROM THE EFFECT OF ANY MARKET VALUE ADJUSTMENT,
WE DO NOT PASS THROUGH TO YOU THE GAINS OR LOSSES ON THE BONDS AND OTHER
INSTRUMENTS THAT WE HOLD IN CONNECTION WITH A GUARANTEE PERIOD.
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3: WHAT KIND OF PAYMENTS WILL I RECEIVE DURING THE INCOME PHASE?
(ANNUITIZATION)
PAYMENT PROVISIONS
We can begin making annuity payments any time after the first contract
anniversary. Annuity payments must begin no later than the contract
anniversary coinciding with or next following the annuitant's 90/th/ birthday
(or ten years after the contract date, if later).
We make the income plans described below available before the annuity date.
These plans are called annuity options. You must choose an annuity option at
least 30 days in advance of the annuity date. If you do not, we will select
Option 2 below on your behalf unless prohibited by applicable law. During the
income phase, all of the annuity options under this contract are fixed annuity
options. GENERALLY, ONCE THE ANNUITY PAYMENTS BEGIN, THE ANNUITY OPTION CANNOT
BE CHANGED AND YOU CANNOT MAKE WITHDRAWALS.
If the annuitant dies or assigns the contract prior to the annuity date, and
the new annuitant is older than the original annuitant, then the annuity date
will be based on the new annuitant's age. If the annuitant dies or assigns the
contract prior to the annuity date, and the new annuitant is younger than the
original annuitant, then the annuity date will remain unchanged. In no event,
however, may an original or revised annuity date be later than the contract
anniversary next following the annuitant's 90/th/ birthday (or ten years after
the contract date, if later).
OPTION 1
ANNUITY PAYMENTS FOR A FIXED PERIOD: Under this option, we will make equal
payments for the period chosen, up to 25 years. The annuity payments may be
made monthly, quarterly, semi-annually, or annually, as you choose, for the
fixed period. If the annuitant dies during the income phase, a lump sum
payment generally will be made to the beneficiary. The amount of the lump sum
payment is determined by calculating the present value of the unpaid future
payments. This is done by using the interest rate used to compute the actual
payments. The interest rate will be at least 3% a year.
OPTION 2
LIFE ANNUITY WITH 120 PAYMENTS (10 YEARS): Under this option, we will make
annuity payments monthly, quarterly, semi-annually, or annually as long as the
annuitant is alive. If the annuitant dies before we have made 10 years worth
of payments, we will pay the beneficiary in one lump sum the present value of
the annuity payments scheduled to have been made over the remaining portion of
that 10 year period, unless we were specifically instructed that such
remaining annuity payments continue to be paid to the beneficiary. The present
value of the remaining annuity payments is calculated by using the interest
rate used to compute the amount of the original 120 payments. If this contract
is issued as a Qualified Annuity Contract and annuity payments begin after age
92, then this Option 2 will be modified to permit a period certain that will
end no later than the life expectancy of the annuitant defined under the IRS
Required Minimum Distribution tables.
OTHER ANNUITY OPTIONS: We currently offer a variety of other annuity and
settlement options not described above. At the time annuity payments are
chosen, we may make available to you any of the annuity and settlement options
that are available on your annuity date. For example, we offer an interest
payment option, under which we credit interest on the contract value until you
request payment of all or part of the contract value. We can make interest
payments on a monthly, quarterly, semi-annual, or annual basis or allow
interest to accrue on your contract assets. Under the interest payment option,
we will pay you interest of at least 1.50% a year. This option is not
available if you hold your contract in an IRA.
TAX CONSIDERATIONS
If your contract is held under a tax-favored plan, you should consider the
minimum distribution requirements when selecting your annuity option.
4: WHAT IS THE DEATH BENEFIT?
BENEFICIARY
The beneficiary is the person(s) or entity you name to receive any death
benefit. The beneficiary is named at the time the contract is issued, unless
you change it at a later date. Unless an irrevocable beneficiary has been
named, you can change the beneficiary at any time before the owner or last
surviving owner dies. However, if the contract is jointly owned, the owner
must name the joint owner and the joint owner must name the owner as the
beneficiary.
CALCULATION OF THE DEATH BENEFIT
If the owner (or first-to-die of the owner and joint owner) dies during the
accumulation phase, we will, upon receiving appropriate proof of death and any
other needed documentation in good order (proof of death), pay a death benefit
to the beneficiary designated by the deceased owner or joint owner. If the
contract is owned by an entity (e.g., a corporation or trust), rather than by
an individual, then we will pay the death benefit upon the death of the
annuitant. We require proof of death to be submitted promptly.
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4: WHAT IS THE DEATH BENEFIT? CONTINUED
The beneficiary will receive a death benefit equal to the contract value as of
the date that proof of death is received in good order at the Prudential
Annuity Service Center.
Where a contract is structured so that it is owned by a grantor trust but the
annuitant is not the grantor, then the contract is required to terminate upon
the death of the grantor if the grantor pre-deceases the annuitant under
Section 72(s) of the Code. Under this circumstance, the contract surrender
value will be paid out to the beneficiary and it is not eligible for the death
benefit provided under the contract.
Instead of asking us to pay a death benefit, the surviving spouse may opt to
continue the contract, as discussed below. Generally, we impose no withdrawal
charge or market value adjustment when we pay the death benefit.
JOINT OWNERSHIP RULES
If the contract has an owner and a joint owner and they are spouses, then upon
the first to die of the owner and joint owner, the surviving spouse has the
choice of the following:
.. The contract can continue, with the surviving spouse as the sole owner of
the contract. In this case, the contract held by the surviving spouse will
continue to be subject to the withdrawal charge and market value
adjustment; or
.. The surviving spouse can receive the death benefit and the contract will
end. If the surviving spouse wishes to receive the death benefit, he or she
must make that choice within the first 60 days following our receipt of
proof of death. Otherwise, the contract will continue with the surviving
spouse as the sole owner.
A surviving spouse's ability to continue ownership of the annuity may be
impacted by the Defense of Marriage Act (see "8: What Are the Tax
Considerations Associated with the Strategic Partners Horizon Annuity
Contract?"). Please consult your tax or legal advisor for more information
about such impact in your state.
If the contract has an owner and a joint owner, and they are not spouses, the
contract will not continue. Instead, the beneficiary will receive the death
benefit.
The death benefit payout options are:
Choice 1. Lump sum.
Choice 2. Payment of the entire death benefit within 5 years of the date of
death of the first to die. Under this choice, we will impose a market value
adjustment upon any withdrawal made during the 5 year period (unless the
withdrawal is made during the 30-day period immediately preceding the end of a
guarantee period).
Choice 3. Payment under an annuity or settlement option over the lifetime of
the beneficiary or over a period not extending beyond the life expectancy of
the beneficiary with distribution beginning within one year of the date of
death of the first to die.
The tax consequences to the beneficiary may vary among the three death benefit
payout options. See Section 8, "What Are The Tax Considerations Associated
With The Strategic Partners Horizon Annuity Contract?"
5: HOW CAN I PURCHASE A STRATEGIC PARTNERS HORIZON ANNUITY CONTRACT?
PURCHASE PAYMENT
A purchase payment is the amount of money you give us to purchase the
contract. The minimum initial purchase payment is $5,000, and may not exceed
$5 million absent our prior approval, unless we are prohibited under state law
from insisting on such prior approval. We must approve any initial and
additional Purchase Payments where the total amount of Purchase Payments
equals $1,000,000 or more with respect to this Annuity and any other annuities
you are purchasing from us (or that you already own) and/or our affiliates. An
initial purchase payment is considered the first purchase payment received by
us in good order. This is the payment that issues your contract. All
subsequent purchase payments allocated to the contract will be considered
subsequent purchase payments. You can allocate subsequent purchase payments to
a guarantee period only during the 30-day period immediately preceding the end
of a guarantee period, provided that any such purchase payment is at least
$1,000.
Purchase payments must be submitted by check drawn on a U.S. bank, in U.S.
dollars, and made payable to Pruco Life of New Jersey. Purchase payments may
also be submitted via 1035 exchange or direct transfer of funds. Under certain
circumstances, purchase payments may be transmitted to Pruco Life of New
Jersey via wiring funds through your Financial Professional's broker-dealer
firm. We may apply certain limitations, restrictions, and/or underwriting
standards as a condition of our issuance of a contract and/or acceptance of
purchase payments. We may reject any payment if it is received in an
unacceptable form. Our acceptance of a check is subject to our ability to
collect funds.
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We generally will sell you a contract only if the eldest of the owner, any
joint owner, annuitant, and any co-annuitant is 85 or younger on the contract
date (age 69 or younger, for IRAs).
Speculative Investing: Do not purchase this contract if you, anyone acting on
your behalf, and/or anyone providing advice to you plan to use it for
speculation, arbitrage, viatication or any other type of collective investment
scheme now or at any time prior to termination of the contract. Your contract
may not be traded on any stock exchange or secondary market. By purchasing
this contract, you represent and warrant that you are not using this contract
for speculation, arbitrage, viatication or any other type of collective
investment scheme.
Currently, we will not issue a contract, permit changes in ownership or allow
assignments to certain ownership types, including but not limited to:
corporations, partnerships, endowments and grantor trusts with multiple
grantors. Further, we will only issue a contract, allow changes of ownership
and/or permit assignments to certain ownership types if the contract is held
exclusively for the benefit of the designated annuitant. These rules are
subject to state law. We may issue a contract in ownership structures where
the annuitant is also the participant in a Qualified or Non-Qualified employer
sponsored plan and the contract represents his or her segregated interest in
such plan. We reserve the right to further limit, restrict and/or change to
whom we will issue a contract in the future, to the extent permitted by state
law. Further, please be aware that we do not provide administration for
employer-sponsored plans and may also limit the number of plan participants
that elect to use our contract as a funding vehicle.
ALLOCATION OF PURCHASE PAYMENT
When you purchase a contract, we will allocate your invested purchase payment
to the guarantee period of your choosing, provided that we are offering that
guarantee period at the time. You must allocate all of your initial purchase
payment to a single guarantee period. Likewise, any subsequent purchase
payment you make during the 30-day period immediately preceding the end of a
guarantee period will be consolidated with your existing contract value, and
the total will be allocated to a single guarantee period of your choosing.
OWNER, ANNUITANT AND BENEFICIARY DESIGNATIONS
In general, you may change the owner, annuitant and beneficiary designations
by sending us a request in writing in a form acceptable to us. Upon an
ownership change, any automated investment or withdrawal programs will be
canceled. The new owner must submit the applicable program enrollment if they
wish to participate in such a program. Where allowed by law, such changes will
be subject to our acceptance. Some of the changes we will not accept include,
but are not limited to:
. a new owner subsequent to the death of the owner or the first of any
co-owners to die, except where a spouse-beneficiary has become the owner
as a result of an owner's death;
. a new annuitant subsequent to the annuity date;
. for "non-qualified" investments, a new annuitant prior to the annuity
date if the contract is owned by an entity;
. a change in beneficiary if the owner had previously made the designation
irrevocable; and
. a new annuitant for a contract issued to a grantor trust where the new
annuitant is not the grantor of the trust.
An ownership change may trigger a taxable event and once an ownership change
is processed, the tax reporting cannot be reversed. Therefore, you should
consult with a qualified tax advisor for complete information and advice prior
to any ownership change.
6: WHAT ARE THE EXPENSES ASSOCIATED WITH THE STRATEGIC PARTNERS HORIZON
ANNUITY CONTRACT?
THERE ARE CHARGES ASSOCIATED WITH THE CONTRACT THAT MAY REDUCE THE RETURN ON
YOUR INVESTMENT. THESE CHARGES ARE DESCRIBED BELOW.
WITHDRAWAL CHARGE
The withdrawal charge is for the payment of the expenses involved in selling
and distributing the contracts, including sales commissions, printing of
prospectuses, sales administration, preparation of sales literature and other
promotional activities.
You may surrender your contract in whole or in part while the guarantee period
remains in effect. If you do so, however, you will be subject to (a) a
possible withdrawal charge, (b) a market value adjustment (which we discussed
in Section 2 above) and (c) possible tax penalties. After the first contract
year, you may withdraw, without the imposition of any withdrawal charge or
market value adjustment, an amount equal to the interest earned under your
contract during the immediately preceding contract year. For purposes of this
"free withdrawal" provision, you may not carry over to future contract years
any amount of interest that you did not withdraw in a prior contract year.
When we calculate the withdrawal charge and market value adjustment, we first
take into account any available charge-free amount. We impose a withdrawal
charge and market value adjustment only after that amount has been exhausted.
In addition, we do not impose either a withdrawal charge or a market value
adjustment on amounts you withdraw under the contract's minimum distribution
option to satisfy Internal Revenue Service required minimum distribution
rules. The amount of the required minimum distribution for your particular
situation may depend on other annuities, savings or investments. We will only
calculate the amount of your required minimum distribution based on the value
of your contract. We
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6: WHAT ARE THE EXPENSES ASSOCIATED WITH THE STRATEGIC PARTNERS HORIZON
ANNUITY CONTRACT? CONTINUED
require three (3) days advance written notice to calculate and process the
amount of your payments. You may elect to have required minimum distributions
paid out monthly, quarterly, semi-annually or annually. The $100 minimum
amount that applies to Systematic Withdrawals applies to monthly required
minimum distributions but does not apply to required minimum distributions
taken out on a quarterly, semi-annual or annual basis.
If you make a full withdrawal, we will deduct the withdrawal charge from the
proceeds that we pay to you. If you make a partial withdrawal, we will deduct
the withdrawal charge from the contract value remaining in the guarantee
period. We calculate the withdrawal charge after we have given effect to any
market value adjustment.
The withdrawal charge that we impose is equal to a specified percentage of the
contract value withdrawn that is in excess of the charge-free amount described
above. With respect to the initial guarantee period, the withdrawal charge is
based on the number of contract anniversaries that have elapsed since the
contract date. Withdrawal charges also are imposed during your first renewal
guarantee period, as discussed below. No withdrawal charges apply to any
guarantee period that you choose subsequent to your first renewal guarantee
period. Moreover, we impose no withdrawal charge on withdrawals from any one
year guarantee period. The withdrawal charge for the initial guarantee period
is equal to the following:
The withdrawal charge during the first year of the first renewal guarantee
period is equal to the lesser of 5%, or 1% times the number of years in the
renewal guarantee period, and the charge decreases by 1% per year thereafter.
The withdrawal charge schedule for annuitants aged 90 or older differs
slightly. Some or all of the guarantee periods that we offer at any given time
will be shorter than the time periods indicated immediately above. If a
withdrawal is effective on the day before a contract anniversary, the
withdrawal charge percentage will be that as of the next following contract
anniversary.
TAXES ATTRIBUTABLE TO PREMIUM
There may be premium based taxes applicable to your purchase payment. We are
responsible for the payment of these taxes and may make a deduction from the
value of the contract to pay some or all of these taxes. It is our current
practice not to deduct a charge for the federal tax associated with deferred
acquisition costs paid by us that are based on premium received. However, we
reserve the right to charge the contract owner for any such tax associated
with deferred acquisition costs, and any other type of tax measured by the
amount of premium received by us that may be imposed in the future.
7: HOW CAN I ACCESS MY MONEY?
You can withdraw money at any time during the accumulation phase. If you do
so, however, you may be subject to income tax and, if the withdrawal is prior
to your attaining age 59 1/2, an additional tax penalty. You will need our
consent to make a partial withdrawal if the requested withdrawal is less than
$250. During the accumulation phase, we generally have the right to terminate
your contract and pay you the contract value if the current contract value is
less than $2,000 and certain other conditions apply. We may postpone paying
any amount for a full or partial surrender to authenticate the signature on a
request. In the event that we postpone payment, the request will not be
effective until we have validated the signature on the request to our
satisfaction.
INCOME TAXES, TAX PENALTIES, WITHDRAWAL CHARGES, AND A MARKET VALUE ADJUSTMENT
MAY APPLY TO ANY WITHDRAWAL YOU MAKE. FOR A MORE COMPLETE EXPLANATION OF TAX
CONSEQUENCES, SEE SECTION 8.
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AUTOMATED WITHDRAWALS
We offer an automated withdrawal feature. This feature enables you to receive
periodic withdrawals in monthly, quarterly, semiannual, or annual intervals.
We will process your withdrawal at the end of the business day at the
intervals you specify. We will continue at these intervals until you tell us
otherwise. We reserve the right to cease paying automated withdrawals if
paying any such withdrawal would cause the contract value to be less than
$2,000.
The minimum automated withdrawal amount you can make is $100. An assignment of
the contract terminates any automated withdrawal program that you had in
effect. Withdrawal charges, and a market value adjustment, may apply to any
automated withdrawal you make. You may not use the automated withdrawal
feature to withdraw the interest earned under your contract.
INCOME TAXES, TAX PENALTIES, WITHDRAWAL CHARGES, AND A MARKET VALUE ADJUSTMENT
MAY APPLY TO AUTOMATED WITHDRAWALS. FOR A MORE COMPLETE DISCUSSION OF TAX
CONSEQUENCES, SEE SECTION 8.
8. WHAT ARE THE TAX CONSIDERATIONS ASSOCIATED WITH THE STRATEGIC PARTNERS
HORIZON ANNUITY CONTRACT?
The tax considerations associated with a contract vary depending on whether
the contract is (i) owned by an individual or non-natural person, and not
associated with a tax-favored retirement plan, or (ii) held under a
tax-favored retirement plan. We discuss the tax considerations for these
categories of contracts below. The discussion is general in nature and
describes only federal income tax law (not state or other tax laws). It is
based on current law and interpretations, which may change. The information
provided is not intended as tax advice. You should consult with a qualified
tax advisor for complete information and advice. References to purchase
payments below relate to your cost basis in your contract. Generally, your
cost basis in a contract not associated with a tax-favored retirement plan is
the amount you pay into your contract, or into annuities exchanged for your
contract, on an after-tax basis less any withdrawals of such payments. Cost
basis for a tax-favored retirement plan is provided only in limited
circumstances, such as for contributions to a Roth IRA or nondeductible IRA.
The discussion includes a description of certain spousal rights under the
contract, and our administration of such spousal rights and related tax
reporting comport with our understanding of the Defense of Marriage Act (which
defines a "marriage" as a legal union between a man and a woman and a "spouse"
as a person of the opposite sex). We may offer certain spousal benefits to
same-sex civil union couples, domestic partners or spouses. You should be
aware, however, that federal tax law does not recognize same-sex civil union
couples, domestic partners or spouses. Therefore, we cannot permit a same-sex
civil union partner, domestic partner or spouse to continue the Annuity within
the meaning of the tax law upon the death of the first partner under the
Annuity's "spousal continuance" provision. An alternative distribution option,
referred to as a "taxable contract continuation", is available to same-sex
civil union partners, domestic partners and spouses. The taxable contract
continuation option results in immediate taxation while allowing for spousal
continuation of the Annuity, including any spousal benefit, for insurance law
purposes. If this distribution option is elected, the Annuity will be treated
as terminated from a tax reporting perspective with all benefits immediately
taxable, and the Annuity will continue with a cost basis equal to the value of
the Annuity at the deemed termination. If this distribution option is elected
for a qualified contract, such as an IRA, the Annuity will be a treated as a
non-qualified annuity going forward. Same-sex civil union couples, domestic
partners and spouses should consider the application of federal tax law before
selecting a spousal benefit under the Annuity.
The discussion below generally assumes that the contract is issued to the
Owner. In addition, the discussion below is general in nature, and the fact
that we refer to a particular kind of ownership arrangement below (e.g., a
particular kind of tax-qualified plan) does not mean that such an ownership
arrangement necessarily is permitted under this contract.
NONQUALIFIED ANNUITY CONTRACTS
In general, as used in this prospectus, a Nonqualified contract is owned by an
individual or non-natural person and is not associated with a tax-favored
retirement plan.
TAXES PAYABLE BY YOU
We believe the contract is an annuity contract for tax purposes. Accordingly,
as a general rule, you should not pay any tax until you receive money under
the contract. Generally, annuity contracts issued by the same company (and
affiliates) to you during the same calendar year must be treated as one
annuity contract for purposes of determining the amount subject to tax under
the rules described below.
You must commence annuity payments or surrender your contract no later than
the first day of the calendar month next following the maximum annuity date
for your contract.
TAXES ON WITHDRAWALS AND SURRENDER
If you make a withdrawal from your contract or surrender it before annuity
payments begin, the amount you receive will be taxed as ordinary income,
rather than as return of purchase payments, until all gain has been withdrawn.
Once all gain has been withdrawn, payments will be treated as a nontaxable
return of purchase payments until all purchase payments have been returned.
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8: WHAT ARE THE TAX CONSIDERATIONS ASSOCIATED WITH THE STRATEGIC PARTNERS
HORIZON ANNUITY CONTRACT? CONTINUED
After all purchase payments are returned, all subsequent amounts will be taxed
as ordinary income. You will generally be taxed on any withdrawals from the
contract while you are alive even if the withdrawal is paid to someone else.
If you assign or pledge all or part of your contract as collateral for a loan,
the part assigned generally will be treated as a withdrawal and subject to
income tax to the extent of gain. If you transfer your contract for less than
full consideration, such as by gift, you will also trigger tax on any gain in
the contract. This rule does not apply if you transfer the contract to your
spouse or under most circumstances if you transfer the contract incident to
divorce.
If you choose to receive payments under an interest payment option, or a
beneficiary chooses to receive a death benefit under an interest payment
option, that election will be treated, for tax purposes, as surrendering your
contract and will immediately subject any gain in the contract to income tax.
TAXES ON ANNUITY PAYMENTS
A portion of each annuity payment you receive will be treated as a partial
return of your purchase payments and will not be taxed. The remaining portion
will be taxed as ordinary income. Generally, the nontaxable portion is
determined by multiplying the annuity payment you receive by a fraction, the
numerator of which is your purchase payments (less any amounts previously
received tax-free) and the denominator of which is the total expected payments
under the contract. After the full amount of your purchase payments have been
recovered tax-free, the full amount of the annuity payments will be taxable.
If annuity payments stop due to the death of the annuitant before the full
amount of your purchase payments have been recovered, a tax deduction may be
allowed for the unrecovered amount.
Please refer to your contract for the maximum annuity date also described
above.
MEDICARE TAX ON NET INVESTMENT INCOME
The Patient Protection and Affordable Care Act, also known as the 2010 Health
Care Act, included a new Medicare tax on investment income. This new tax,
which is effective in 2013, assesses a 3.8% surtax on the lesser of (1) net
investment income or 2) the excess of "modified adjusted gross income" over a
threshold amount. The "threshold amount" is $250,000 for married taxpayers
filing jointly, $125,000 for married taxpayers filing separately, $200,000 for
single taxpayers, and approximately $12,000 for trusts. The taxable portion of
payments received as a withdrawal, surrender, annuity payment, death benefit
payment or any other actual or deemed distribution under the contract will be
considered investment income for purposes of this surtax.
TAX PENALTY FOR EARLY WITHDRAWAL FROM A NONQUALIFIED CONTRACT
You may owe a 10% tax penalty on the taxable part of distributions received
from your Nonqualified contract before you attain age 59 1/2. Amounts are not
subject to this tax penalty if:
.. the amount is paid on or after you reach age 59 1/2 or die;
.. the amount received is attributable to your becoming disabled;
.. generally the amount paid or received is in the form of substantially equal
payments (as defined in the Code) not less frequently than annually (please
note that substantially equal payments must continue until the later of
reaching age 59 1/2 or 5 years and modification of payments during that
time period will result in retroactive application of the 10% tax penalty);
or
.. the amount received is paid under an immediate annuity contract (in which
annuity payments begin within one year of purchase).
Other exceptions to this tax may apply. You should consult your tax advisor
for further details.
SPECIAL RULES IN RELATION TO TAX-FREE EXCHANGES UNDER SECTION 1035
Section 1035 of the Code permits certain tax-free exchanges of a life
insurance, annuity or endowment contract for an annuity, including tax-free
exchanges of annuity death benefits for a Beneficiary Annuity. Partial
surrenders may be treated in the same way as tax-free 1035 exchanges of entire
contracts, therefore avoiding current taxation of the partially exchanged
amount as well as the 10% tax penalty on pre-age 59 1/2 withdrawals. In
Revenue Procedure 2011-38, the IRS has indicated that, for exchanges on or
after October 24, 2011, where there is a surrender or distribution from either
the initial annuity contract or receiving annuity contract within 180 days of
the date on which the partial exchange was completed, the IRS will apply
general tax rules to determine the substance and treatment of the original
transfer. We strongly urge you to discuss any transaction of this type with
your tax advisor before proceeding with the transaction.
If a contract is purchased through a tax-free exchange of a life insurance,
annuity or endowment contract that was purchased prior to August 14, 1982,
then any purchase payments made to the original contract prior to August 14,
1982 will be treated as made to the new contract prior to that date.
Generally, such pre-August 14, 1982 withdrawals are treated as a recovery of
your investment in the contract first until purchase payments made before
August 14, 1982 are withdrawn. Moreover, income allocable to purchase payments
made before August 14, 1982 is not subject to the 10% tax penalty.
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TAXES PAYABLE BY BENEFICIARIES
The death benefit is subject to ordinary income tax to the extent the
distribution exceeds the cost basis in the contract. The value of the death
benefit, as determined under federal law, is also included in the owner's
estate for federal estate tax purposes. Generally, the same tax rules
described above would also apply to amounts received by your beneficiary.
Choosing an option other than a lump sum death benefit may defer taxes.
Certain minimum distribution requirements apply upon your death, as discussed
further below in the Annuity Qualification section. Tax consequences to the
beneficiary vary depending upon the death benefit payment option selected.
Generally, for payment of the death benefit
.. As a lump sum payment: the beneficiary is taxed in the year of payment on
gain in the contract.
.. Within 5 years of death of owner: the beneficiary is taxed as amounts are
withdrawn (in this case gain is treated as being distributed first).
.. Under an annuity or annuity settlement option with distribution beginning
within one year of the date of death of the owner: the beneficiary is taxed
on each payment (part will be treated as gain and part as return of
purchase payments).
CONSIDERATIONS FOR CO-ANNUITANT: We may allow the naming of a co-annuitant
when a Nonqualified contract is held by a pension plan or a tax favored
retirement plan, or held by a Custodial Account (as defined earlier in this
prospectus). In such a situation, the contract may no longer qualify for tax
deferral where the contract continues after the death of the Annuitant.
However, tax deferral should be provided instead by the pension plan, tax
favored retirement plan, or Custodial Account. We may also allow the naming of
a co-annuitant when a Nonqualified Annuity contract is held by an entity owner
when such contracts do not qualify for tax deferral under the current tax law.
This does not supersede any benefit language which may restrict the use of the
contingent annuitant.
REPORTING AND WITHHOLDING ON DISTRIBUTIONS. Taxable amounts distributed from a
contract are subject to federal and state income tax reporting and
withholding. In general, we will withhold federal income tax from the taxable
portion of such distribution based on the type of distribution. In the case of
an annuity or similar periodic payment, we will withhold as if you are a
married individual with three (3) exemptions unless you designate a different
withholding status. If no U.S. taxpayer identification number is provided, we
will automatically withhold using single with zero exemptions as the default.
In the case of all other distributions, we will withhold at a 10% rate. You
may generally elect not to have tax withheld from your payments. An election
out of withholding must be made on forms that we provide. If you are a U.S.
person (including resident alien), and your address of record is a non-U.S.
address, we are required to withhold income tax unless you provide us with a
U.S. residential address.
State income tax withholding rules vary and we will withhold based on the
rules of your State of residence. Special tax rules apply to withholding for
nonresident aliens, and we generally withhold income tax for nonresident
aliens at a 30% rate. A different withholding rate may be applicable to a
nonresident alien based on the terms of an existing income tax treaty between
the United States and the nonresident alien's country. Please refer to the
discussion below regarding withholding rules for a Qualified contract.
Regardless of the amount withheld by us, you are liable for payment of federal
and state income tax on the taxable portion of annuity distributions. You
should consult with your tax advisor regarding the payment of the correct
amount of these income taxes and potential liability if you fail to pay such
taxes.
ENTITY OWNERS
Where a contract is held by a non-natural person (e.g. a corporation), other
than as an agent or nominee for a natural person (or in other limited
circumstances), the contract will not be taxed as an annuity and increases in
the value of the contract over its cost basis will be subject to tax annually.
Where a contract is issued to a Charitable Remainder Trust (CRT), the contract
will not be taxed as an annuity and increases in the value of the contract
over its cost basis will be subject to tax annually.
Where a contract is issued to a trust, and such trust is characterized as a
grantor trust under the Code, such contract shall not be considered to be held
by a non-natural person and will be subject to the tax reporting and
withholding requirements generally applicable for a Nonqualified Annuity. At
this time, we will not issue Annuities to grantor trusts with multiple
grantors.
At this time, we will not issue an annuity to a grantor trust where the
grantor is not also the annuitant. Where a previously issued contract was
structured so that it is owned by a grantor trust but the annuitant is not the
grantor, then the contract is required to terminate upon the death of the
grantor of the trust if the grantor pre-deceases the annuitant under
Section 72(s) of the Code. Under this circumstance, the contract value will be
paid out to the trust and it is not eligible for the death benefit provided
under the contract.
REQUIRED DISTRIBUTIONS UPON YOUR DEATH FOR NONQUALIFIED CONTRACTS. Upon your
death, certain distributions must be made under the contract. The required
distributions depend on whether you die before you start taking annuity
payments under the contract or after you start taking annuity payments under
the contract. If you die on or after the annuity date, the remaining portion
of the interest in the contract must be distributed at least as rapidly as
under the method of distribution being used as of the date of
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8: WHAT ARE THE TAX CONSIDERATIONS ASSOCIATED WITH THE STRATEGIC PARTNERS
HORIZON ANNUITY CONTRACT? CONTINUED
death. If you die before the annuity date, the entire interest in the contract
must be distributed within 5 years after the date of death, or as periodic
payments over a period not extending beyond the life or life expectancy of the
designated beneficiary (provided such payments begin within one year of your
death). Your designated beneficiary is the person to whom benefit rights under
the contract pass by reason of death, and must be a natural person in order to
elect a periodic payment option based on life expectancy or a period exceeding
five years. Additionally, if the contract is payable to (or for the benefit
of) your surviving spouse, that portion of the contract may be continued with
your spouse as the owner. For Nonqualified annuity contracts owned by a
non-natural person, the required distribution rules apply upon the death of
the annuitant. This means that for a contract held by a non-natural person
(such as a trust) for which there is named a co-annuitant, then such required
distributions will be triggered by the death of the first co-annuitants to die.
CHANGES IN YOUR CONTRACT. We reserve the right to make any changes we deem
necessary to assure that your contract qualifies as an annuity contract for
tax purposes. Any such changes will apply to all contract owners and you will
be given notice to the extent feasible under the circumstances.
QUALIFIED ANNUITY CONTRACTS
IN GENERAL, AS USED IN THIS PROSPECTUS, A QUALIFIED ANNUITY IS A CONTRACT WITH
APPLICABLE ENDORSEMENTS FOR A TAX-FAVORED PLAN OR A NONQUALIFIED ANNUITY
CONTRACT HELD BY A TAX-FAVORED RETIREMENT PLAN.
The following is a general discussion of the tax considerations for Qualified
contracts. This contract may or may not be available for all types of the
tax-favored retirement plans discussed below. This discussion assumes that you
have satisfied the eligibility requirements for any tax-favored retirement
plan. Please consult your Financial Professional prior to purchase to confirm
if this contract is available for a particular type of tax-favored retirement
plan or whether we will accept the type of contribution you intend for this
contract.
A Qualified contract may typically be purchased for use in connection with:
.. Individual retirement accounts and annuities (IRAs), including inherited
IRAs (which we refer to as a Beneficiary IRA), which are subject to
Sections 408(a) and 408(b) of the Code;
.. Roth IRAs, including inherited Roth IRAs (which we refer to as a
Beneficiary Roth IRA) under Section 408A of the Code;
.. A corporate Pension or Profit-sharing plan (subject to 401(a) of the Code);
.. H.R. 10 plans (also known as Keogh Plans, subject to 401(a) of the Code);
.. Tax Sheltered annuities (subject to 403(b) of the Code, also known as Tax
Deferred Annuities or TDAs);
.. Section 457 plans (subject to 457 of the Code).
A Nonqualified contract may also be purchased by a 401(a) trust or custodial
IRA or Roth IRA account, or a Section 457 plan, which can hold other
permissible assets. The terms and administration of the trust or custodial
account or plan in accordance with the laws and regulations for 401(a) plans,
IRAs or Roth IRAs, or a Section 457 plan, as applicable, are the
responsibility of the applicable trustee or custodian.
You should be aware that tax favored plans such as IRAs generally provide
income tax deferral regardless of whether they invest in annuity contracts.
This means that when a tax favored plan invests in an annuity contract, it
generally does not result in any additional tax benefits (such as income tax
deferral and income tax free transfers).
TYPES OF TAX-FAVORED PLANS
IRAs. If you buy a contract for use as an IRA, we will provide you a copy of
the prospectus and contract. The "IRA Disclosure Statement" and "Roth IRA
Disclosure Statement" which accompany the prospectus contain information about
eligibility, contribution limits, tax particulars, and other IRA information.
In addition to this information (some of which is summarized below), the IRS
requires that you have a "free look" after making an initial contribution to
the contract. During this time, you can cancel the contract by notifying us in
writing, and we will refund all of the purchase payments under the contract
(or, if provided by applicable state law, the amount credited under the
contract, if greater), less any applicable federal and state income tax
withholding.
Contributions Limits/Rollovers. Subject to the minimum purchase payment
requirements of a contract, you may purchase an contract for an IRA in
connection with a "rollover" of amounts from a qualified retirement plan, as a
transfer from another IRA, by making a contribution consisting of your IRA
contributions and catch-up contributions, if applicable, attributable to the
prior year during the period from January 1 to April 15 (or the applicable due
date of your federal income tax return, without extension), or as a current
year contribution. In 2013 the contribution limit is $5,500. The contribution
amount is indexed for inflation. The tax law also provides for a catch-up
provision for individuals who are age 50 and above, allowing these individuals
an additional $1,000 contribution each year. The catch-up amount is not
indexed for inflation.
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The "rollover" rules under the Code are fairly technical; however, an
individual (or his or her surviving spouse) may generally "roll over" certain
distributions from tax favored retirement plans (either directly or within 60
days from the date of these distributions) if he or she meets the requirements
for distribution. Once you buy a contract, you can make regular IRA
contributions under the contract (to the extent permitted by law). However, if
you make such regular IRA contributions, you should note that you will not be
able to treat the contract as a "conduit IRA," which means that you will not
retain possible favorable tax treatment if you subsequently "roll over" the
contract funds originally derived from a qualified retirement plan or TDA into
another Section 401(a) plan or TDA.
In some circumstances, non-spouse beneficiaries may directly roll over to an
IRA amounts due from qualified plans, 403(b) plans, and governmental 457(b)
plans. However, the rollover rules applicable to non-spouse beneficiaries
under the Code are more restrictive than the rollover rules applicable to
owner/participants and spouse beneficiaries. Generally, non-spouse
beneficiaries may roll over distributions from tax favored retirement plans
only as a direct rollover, and if permitted by the plan. Under the 2008
Retiree and Employer Recovery Act, employer retirement plans are required to
permit non-spouse beneficiaries to roll over funds to an inherited IRA for
plan years beginning after December 31, 2009. No additional contributions can
be made to an inherited IRA. In this prospectus, an inherited IRA is also
referred to as a Beneficiary Annuity.
Required Provisions. Contracts that are IRAs (or endorsements that are part of
the contract) must contain certain provisions:
.. You, as owner of the contract, must be the "annuitant" under the contract
(except in certain cases involving the division of property under a decree
of divorce);
.. Your rights as owner are non-forfeitable;
.. You cannot sell, assign or pledge the contract;
.. The annual contribution you pay cannot be greater than the maximum amount
allowed by law, including catch-up contributions if applicable (which does
not include any rollover amounts);
.. The date on which required minimum distributions must begin cannot be later
than April 1st of the calendar year after the calendar year you turn age
70 1/2; and
.. Death and annuity payments must meet "required minimum distribution" rules
described below.
Usually, the full amount of any distribution from an IRA (including a
distribution from this contract) which is not a rollover is taxable. As
taxable income, these distributions are subject to the general tax withholding
rules described earlier regarding a Nonqualified contract. In addition to this
normal tax liability, you may also be liable for the following, depending on
your actions:
.. A 10% early withdrawal penalty described below;
.. Liability for "prohibited transactions" if you, for example, borrow against
the value of an IRA; or
.. Failure to take a required minimum distribution, also described below.
SEPs. SEPs are a variation on a standard IRA, and contracts issued to a SEP
must satisfy the same general requirements described under IRAs (above). There
are, however, some differences:
.. If you participate in a SEP, you generally do not include in income any
employer contributions made to the SEP on your behalf up to the lesser of
(a) $51,000 in 2013 or (b) 25% of your taxable compensation paid by the
contributing employer (not including the employer's SEP contribution as
compensation for these purposes). However, for these purposes, compensation
in excess of certain limits established by the IRS will not be considered.
In 2013, this limit is $255,000;
.. SEPs must satisfy certain participation and nondiscrimination requirements
not generally applicable to IRAs; and
.. SEPs that contain a salary reduction or "SARSEP" provision prior to 1997
may permit salary deferrals up to $17,500 in 2013 with the employer making
these contributions to the SEP. However, no new "salary reduction" or
"SARSEPs" can be established after 1996. Individuals participating in a
SARSEP who are age 50 or above by the end of the year will be permitted to
contribute an additional $5,500 in 2013. These amounts are indexed for
inflation. These contracts are not available for SARSEPs. You will also be
provided the same information, and have the same "free look" period, as you
would have if you purchased the contract for a standard IRA.
ROTH IRAs. The "Roth IRA Disclosure Statement" contains information about
eligibility, contribution limits, tax particulars and other Roth IRA
information. Like standard IRAs, income within a Roth IRA accumulates
tax-free, and contributions are subject to specific limits. Roth IRAs have,
however, the following differences:
.. Contributions to a Roth IRA cannot be deducted from your gross income;
.. "Qualified distributions" from a Roth IRA are excludable from gross income.
A "qualified distribution" is a distribution that satisfies two
requirements: (1) the distribution must be made (a) after the owner of the
IRA attains age 59 1/2; (b) after the owner's death; (c) due to the owner's
disability; or (d) for a qualified first time homebuyer distribution within
the meaning of Section 72(t)(2)(F) of the Code; and (2) the distribution
must be made in the year that is at least five tax years after the first
year for which a contribution was made to any Roth IRA established for the
owner or five years after a rollover, transfer, or conversion was made from
a traditional IRA to a Roth IRA. Distributions from a Roth IRA that are not
qualified distributions will be treated as made first from contributions
and then from earnings and earnings will be taxed generally in the same
manner as distributions from a traditional IRA.
.. If eligible (including meeting income limitations and earnings
requirements), you may make contributions to a Roth IRA after attaining age
70 1/2, and distributions are not required to begin upon attaining such age
or at any time thereafter.
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8: WHAT ARE THE TAX CONSIDERATIONS ASSOCIATED WITH THE STRATEGIC PARTNERS
HORIZON ANNUITY CONTRACT? CONTINUED
Subject to the minimum purchase payment requirements of a contract, you may
purchase a contract for a Roth IRA in connection with a "rollover" of amounts
of another traditional IRA, SEP, SIMPLE-IRA or Roth IRA, or, if you meet
certain income limitations, by making a contribution consisting of your Roth
IRA contributions and catch-up contributions, if applicable, attributable to
the prior year during the period from January 1 to April 15 (or the applicable
due date of your federal income tax return, without extension), or as a
current year contribution. The Code permits persons who receive certain
qualifying distributions from such non-Roth IRAs, to directly rollover or
make, within 60 days, a "rollover" of all or any part of the amount of such
distribution to a Roth IRA which they establish. The conversion of non-Roth
accounts triggers current taxation (but is not subject to a 10% early
distribution penalty). Once a contract has been purchased, regular Roth IRA
contributions will be accepted to the extent permitted by law. In addition, an
individual receiving an eligible rollover distribution from a designated Roth
account under an employer plan may roll over the distribution to a Roth IRA
even if the individual is not eligible to make regular contributions to a Roth
IRA.
Non-spouse beneficiaries receiving a distribution from an employer sponsored
retirement plan under sections 401(a) or 403(b) of the Code can also directly
roll over contributions to a Roth IRA. However, it is our understanding of the
Code that non-spouse beneficiaries cannot "rollover" benefits from a
traditional IRA to a Roth IRA.
TDAs. In general, you may own a Tax Deferred Annuity (also known as a TDA, Tax
Sheltered Annuity (TSA), 403(b) plan or 403(b) annuity) if you are an employee
of a tax-exempt organization (as defined under Code Section 501(c)(3)) or a
public educational organization, and you may make contributions to a TDA so
long as your employer maintains such a plan and your rights to the annuity are
nonforfeitable. Contributions to a TDA, and any earnings, are not taxable
until distribution. You may also make contributions to a TDA under a salary
reduction agreement, generally up to a maximum of $17,500 in 2013. Individuals
participating in a TDA who are age 50 or above by the end of the year will be
permitted to contribute an additional $5,500 in 2013. This amount is indexed
for inflation. Further, you may roll over TDA amounts to another TDA or an
IRA. You may also roll over TDA amounts to a qualified retirement plan, a SEP
and a 457 government plan. A contract may generally only qualify as a TDA if
distributions of salary deferrals (other than "grandfathered" amounts held as
of December 31, 1988) may be made only on account of:
.. Your attainment of age 59 1/2;
.. Your severance of employment;
.. Your death;
.. Your total and permanent disability; or
.. Hardship (under limited circumstances, and only related to salary
deferrals, not including earnings attributable to these amounts).
In any event, you must begin receiving distributions from your TDA by
April 1st of the calendar year after the calendar year you turn age 70 1/2 or
retire, whichever is later. These distribution limits do not apply either to
transfers or exchanges of investments under the contract, or to any "direct
transfer" of your interest in the contract to another employer's TDA plan or
mutual fund "custodial account" described under Code Section 403(b)(7).
Employer contributions to TDAs are subject to the same general contribution,
nondiscrimination, and minimum participation rules applicable to "qualified"
retirement plans.
CAUTION: Under recent IRS regulations we can accept contributions, transfers
and rollovers only if we have entered into an information-sharing agreement,
or its functional equivalent, with the applicable employer or its agent. In
addition, in order to comply with the regulations, we will only process
certain transactions (e.g, transfers, withdrawals, hardship distributions and,
if applicable, loans) with employer approval. This means that if you request
one of these transactions we will not consider your request to be in good
order, and will not therefore process the transaction, until we receive the
employer's approval in written or electronic form.
REQUIRED MINIMUM DISTRIBUTIONS AND PAYMENT OPTIONS
If you hold the contract under an IRA (or other tax-favored plan), required
minimum distribution rules must be satisfied. This means that generally
payments must start by April 1 of the year after the year you reach age 70 1/2
and must be made for each year thereafter. For a TDA or a 401(a) plan for
which the participant is not a greater than 5% owner of the employer, this
required beginning date can generally be deferred to retirement, if later.
Roth IRAs are not subject to these rules during the Owner's lifetime. The
amount of the payment must at least equal the minimum required under the IRS
rules. Several choices are available for calculating the minimum amount. More
information on the mechanics of this calculation is available on request.
Please contact us at a reasonable time before the IRS deadline so that a
timely distribution is made. Please note that there is a 50% tax penalty on
the amount of any required minimum distribution not made in a timely manner.
Required minimum distributions are calculated based on the contract value
under the contract. You can use the Minimum Distribution option to satisfy the
required minimum distribution rules for a contract without either beginning
annuity payments or
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surrendering the contract. We will distribute to you the required minimum
distribution amount, less any other partial withdrawals that you made during
the year. Such amount will be based on the value of the contract as of
December 31 of the prior year, but is determined without regard to other
contracts you may own.
Although the IRS rules determine the required amount to be distributed from
your IRA each year, certain payment alternatives are still available to you.
If you own more than one IRA, you can choose to satisfy your minimum
distribution requirement for each of your IRAs by withdrawing that amount from
any of your IRAs. If you inherit more than one IRA or more than one Roth IRA
from the same owner, similar rules apply.
CHARITABLE IRA DISTRIBUTIONS
The Pension Protection Act of 2006 included a charitable giving incentive
permitting tax-free IRA distributions for charitable purposes. The American
Taxpayer Relief Act extended this provision until the end of 2013.
For distributions in tax years beginning after 2005 and before 2014, these
rules provide an exclusion from gross income, up to $100,000 for otherwise
taxable IRA distributions from a traditional or Roth IRA that are qualified
charitable distributions. To constitute a qualified charitable distribution,
the distribution must be made (1) directly by the IRA trustee to certain
qualified charitable organizations and (2) on or after the date the IRA owner
attains age 70 1/2. Special transition rules related to retroactive extension
of this tax law provision permit different distribution treatment for
Charitable IRA distributions made by January 31, 2013. Distributions that are
excluded from income under this provision are not taken into account in
determining the individual's deductions, if any, for charitable contributions.
The IRS has indicated that an IRA trustee is not responsible for determining
whether a distribution to a charity is one that satisfies the requirements for
the new income tax exclusion added by the Pension Protection Act. As a result
the general rules for reporting IRA distributions apply.
REQUIRED DISTRIBUTIONS UPON YOUR DEATH FOR QUALIFIED ANNUITY CONTRACTS
Upon your death under an IRA, Roth IRA, 403(b) or other employer sponsored
plan, the designated beneficiary may generally elect to continue the contract
and receive required minimum distributions under the contract instead of
receiving the death benefit in a single payment. The available payment options
will depend on whether you die before the date required minimum distributions
under the Code were to begin, whether you have named a designated beneficiary
and whether that beneficiary is your surviving spouse.
.. If you die after a designated beneficiary has been named, the death benefit
must be distributed by December 31/st/ of the year including the five year
anniversary of the date of death, or as periodic payments not extending
beyond the life or life expectancy of the designated beneficiary (as long
as payments begin by December 31/st/ of the year following the year of
death). However, if your surviving spouse is the beneficiary, the death
benefit can be paid out over the life or life expectancy of your spouse
with such payments beginning no later than December 31/st/ of the year
following the year of death or December 31/st/ of the year in which you
would have reached age 70 1/2, which ever is later. Additionally, if the
contract is payable to (or for the benefit of) your surviving spouse, that
portion of the contract may be continued with your spouse as the owner.
Note that the Worker, Retiree and Employer Recovery Act of 2008 suspended
Required Minimum Distributions for 2009. If your beneficiary elects to
receive full distribution by December 31 of the year including the five
year anniversary of the date of death, 2009 shall not be included in the
five year requirement period. This effectively extends this period to
December 31/st/ of the six year anniversary of the date of death.
.. If you die before a designated beneficiary is named and before the date
required minimum distributions must begin under the Code, the death benefit
must be paid out by December 31/st/ of the year including the five year
anniversary of the date of death. For contracts where multiple
beneficiaries have been named and at least one of the beneficiaries does
not qualify as a designated beneficiary and the account has not been
divided into separate accounts by December 31/st/ of the year following the
year of death, such contract is deemed to have no designated beneficiary. A
designated beneficiary may elect to apply the rules for no designated
beneficiary if those would provide a smaller payment requirement. For this
distribution requirement also, 2009 shall not be included in the five year
requirement period.
.. If you die before a designated beneficiary is named and after the date
required minimum distributions must begin under the Code, the death benefit
must be paid out at least as rapidly as under the method then in effect.
For contracts where multiple beneficiaries have been named and at least one
of the beneficiaries does not qualify as a designated beneficiary and the
account has not been divided into separate accounts by December 31/st/ of
the year following the year of death, such contract is deemed to have no
designated beneficiary. A designated beneficiary may elect to apply the
rules for no designated beneficiary if those would provide a smaller
payment requirement.
A beneficiary has the flexibility to take out more each year than mandated
under the required minimum distribution rules.
Until withdrawn, amounts in a Qualified contract continue to be tax deferred.
Amounts withdrawn each year, including amounts that are required to be
withdrawn under the required minimum distribution rules, are subject to tax.
You may wish to consult a professional tax advisor for tax advice as to your
particular situation.
For a Roth IRA, if death occurs before the entire interest is distributed, the
death benefit must be distributed under the same rules applied to IRAs where
death occurs before the date required minimum distributions must begin under
the Code.
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8: WHAT ARE THE TAX CONSIDERATIONS ASSOCIATED WITH THE STRATEGIC PARTNERS
HORIZON ANNUITY CONTRACT? CONTINUED
TAX PENALTY FOR EARLY WITHDRAWALS FROM QUALIFIED CONTRACTS
You may owe a 10% tax penalty on the taxable part of distributions received
from an IRA, SEP, Roth IRA, TDA or qualified retirement plan before you attain
age 59 1/2. Amounts are not subject to this tax penalty if:
.. the amount is paid on or after you reach age 59 1/2 or die;
.. the amount received is attributable to your becoming disabled; or
.. generally the amount paid or received is in the form of substantially equal
payments (as defined in the Code) not less frequently than annually.
(Please note that substantially equal payments must continue until the
later of reaching age 59 1/2 or 5 years. Modification of payments or
additional contributions to the contract during that time period will
result in retroactive application of the 10% tax penalty.)
Other exceptions to this tax may apply. You should consult your tax advisor
for further details.
WITHHOLDING
We will withhold federal income tax at the rate of 20% for any eligible
rollover distribution paid by us to or for a plan participant, unless such
distribution is "directly" rolled over into another qualified plan, IRA
(including the IRA variations described above), SEP, 457 government plan or
TDA. An eligible rollover distribution is defined under the tax law as a
distribution from an employer plan under 401(a), a TDA or a 457 governmental
plan, excluding any distribution that is part of a series of substantially
equal payments (at least annually) made over the life expectancy of the
employee or the joint life expectancies of the employee and his designated
beneficiary, any distribution made for a specified period of 10 years or more,
any distribution that is a required minimum distribution and any hardship
distribution. Regulations also specify certain other items which are not
considered eligible rollover distributions. We will not withhold for payments
made from trustee owned contracts or for payments under a 457 plan. For all
other distributions, unless you elect otherwise, we will withhold federal
income tax from the taxable portion of such distribution at an appropriate
percentage. The rate of withholding on annuity payments where no mandatory
withholding is required is determined on the basis of the withholding
certificate that you file with us. If you do not file a certificate, we will
automatically withhold federal taxes on the following basis: For any annuity
payments not subject to mandatory withholding, you will have taxes withheld by
us as if you are a married individual, with 3 exemptions. If no U.S. taxpayer
identification number is provided, we will automatically withhold using single
with zero exemptions as the default; and for all other distributions, we will
withhold at a 10% rate.
We will provide you with forms and instructions concerning the right to elect
that no amount be withheld from payments in the ordinary course. However, you
should know that, in any event, you are liable for payment of federal income
taxes on the taxable portion of the distributions, and you should consult with
your tax advisor to find out more information on your potential liability if
you fail to pay such taxes. There may be additional state income tax
withholding requirements.
ERISA REQUIREMENTS
ERISA (the "Employee Retirement Income Security Act of 1974") and the Code
prevent a fiduciary and other "parties in interest" with respect to a plan
(and, for these purposes, an IRA would also constitute a "plan") from
receiving any benefit from any party dealing with the plan, as a result of the
sale of the contract. Administrative exemptions under ERISA generally permit
the sale of insurance/annuity products to plans, provided that certain
information is disclosed to the person purchasing the contract. This
information has to do primarily with the fees, charges, discounts and other
costs related to the contract, as well as any commissions paid to any agent
selling the contract. Information about any applicable fees, charges,
discounts, penalties or adjustments may be found in the applicable sections of
this Prospectus. Information about sales representatives and commissions may
be found in the sections of this Prospectus addressing distribution of the
contracts.
Other relevant information required by the exemptions is contained in the
contract and accompanying documentation.
Please consult with your tax advisor if you have any questions about ERISA and
these disclosure requirements.
SPOUSAL CONSENT RULES FOR RETIREMENT PLANS--QUALIFIED CONTRACTS
If you are married at the time your payments commence, you may be required by
federal law to choose an income option that provides survivor annuity income
to your spouse, unless your spouse waives that right. Similarly, if you are
married at the time of your death, federal law may require all or a portion of
the death benefit to be paid to your spouse, even if you designated someone
else as your beneficiary. A brief explanation of the applicable rules follows.
For more information, consult the terms of your retirement arrangement.
DEFINED BENEFIT PLANS AND MONEY PURCHASE PENSION PLANS. If you are married at
the time your payments commence, federal law requires that benefits be paid to
you in the form of a "qualified joint and survivor annuity" (QJSA), unless you
and your spouse
22
waive that right, in writing. Generally, this means that you will receive a
reduced payment during your life and, upon your death, your spouse will
receive at least one-half of what you were receiving for life. You may elect
to receive another income option if your spouse consents to the election and
waives his or her right to receive the QJSA. If your spouse consents to the
alternative form of payment, your spouse may not receive any benefits from the
plan upon your death. Federal law also requires that the plan pay a death
benefit to your spouse if you are married and die before you begin receiving
your benefit. This benefit must be available in the form of an annuity for
your spouse's lifetime and is called a "qualified pre-retirement survivor
annuity" (QPSA). If the plan pays death benefits to other beneficiaries, you
may elect to have a beneficiary other than your spouse receive the death
benefit, but only if your spouse consents to the election and waives his or
her right to receive the QPSA. If your spouse consents to the alternate
beneficiary, your spouse will receive no benefits from the plan upon your
death. Any QPSA waiver prior to your attaining age 35 will become null and
void on the first day of the calendar year in which you attain age 35, if
still employed.
DEFINED CONTRIBUTION PLANS (INCLUDING 401(K) PLANS AND ERISA 403(B)
ANNUITIES). Spousal consent to a distribution is generally not required. Upon
your death, your spouse will receive the entire death benefit, even if you
designated someone else as your beneficiary, unless your spouse consents in
writing to waive this right. Also, if you are married and elect an annuity as
a periodic income option, federal law requires that you receive a QJSA (as
described above), unless you and your spouse consent to waive this right.
IRAS, NON-ERISA 403(B) ANNUITIES, AND 457 PLANS. Spousal consent to a
distribution usually is not required. Upon your death, any death benefit will
be paid to your designated beneficiary.
GIFTS AND GENERATION-SKIPPING TRANSFERS
If you transfer your contract to another person for less than adequate
consideration, there may be gift tax consequences in addition to income tax
consequences. Also, if you transfer your contract to a person two or more
generations younger than you (such as a grandchild or grandniece) or to a
person that is more than 37 1/2 years younger than you, there may be
generation-skipping transfer tax consequences.
ADDITIONAL INFORMATION
For additional information about federal tax law requirements applicable to
IRAs and Roth IRAs, see the IRA Disclosure Statement or Roth IRA Disclosure
Statement, as applicable.
9: OTHER INFORMATION
PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY
Pruco Life Insurance Company of New Jersey (Pruco Life of New Jersey) is a
stock life insurance company, organized on September 17, 1982 under the laws
of the State of New Jersey. It is licensed to sell life insurance and
annuities in New Jersey and New York, and accordingly is subject to the laws
of each of those states.
Pruco Life of New Jersey is an indirect wholly-owned subsidiary of The
Prudential Insurance Company of America (Prudential), a New Jersey stock life
insurance company doing business since October 13, 1875. Prudential is an
indirect wholly-owned subsidiary of Prudential Financial, Inc. (Prudential
Financial), a New Jersey insurance holding company. As Pruco Life of New
Jersey's ultimate parent, Prudential Financial exercises significant influence
over the operations and capital structure of Pruco Life of New Jersey and
Prudential. However, neither Prudential Financial, Prudential, nor any other
related company has any legal responsibility to pay amounts that Pruco Life of
New Jersey may owe under the contract.
Pruco Life of New Jersey incorporates by reference into the prospectus its
latest annual report on Form 10-K filed pursuant to Section 13(a) or Section
15(d) of the Exchange Act since the end of the fiscal year covered by its
latest annual report. In addition, all documents subsequently filed by Pruco
Life of New Jersey pursuant to Sections 13(a), 13(c), 14 or 15(d) of the
Exchange Act also are incorporated into the prospectus by reference. Pruco
Life of New Jersey will provide to each person, including any beneficial
owner, to whom a prospectus is delivered, a copy of any or all of the
information that has been incorporated by reference into the prospectus but
not delivered with the prospectus. Such information will be provided upon
written or oral request at no cost to the requester by writing to Prudential
Annuities Life Assurance Corporation, One Corporate Drive, Shelton, CT 06484
or by calling 800-752-6342. Pruco Life of New Jersey files periodic reports as
required under the Securities Exchange Act of 1934. The public may read and
copy any materials that Pruco Life of New Jersey files with the SEC at the
SEC's Public Reference Room at 100 F Street, N.E., Washington, D.C. 20549. The
public may obtain information on the operation of the Public Reference Room by
calling the SEC at 202-551-8090. The SEC maintains an Internet site that
contains reports, proxy, and information statements, and other information
regarding issuers that file electronically with the SEC (see
http://www.sec.gov). Our internet address is
http://www.prudentialannuities.com.
Pruco Life of New Jersey conducts the bulk of its operations through staff
employed by it or by affiliated companies within the Prudential Financial
family. Certain discrete functions have been delegated to non-affiliates that
could be deemed "service providers" under the Investment Company Act of 1940.
The entities engaged by Pruco Life of New Jersey may change over time.
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9: OTHER INFORMATION CONTINUED
As of December 31, 2012, non-affiliated entities that could be deemed service
providers to Pruco Life of New Jersey and/or an affiliated insurer within the
Pruco Life of New Jersey business unit consisted of the following:
Alliance-One Services Inc. (administration of variable life policies) located
at 55 Hartland Street, East Hartford CT 06108, Ascensus (qualified plan
administrator) located at 200 Dryden Road, Dresher, PA 19025, Alerus
Retirement Solutions (qualified plan administrator) Two Pine Tree Dr., Suite
400 Arden Hills MN 55112, Aprimo (fulfillment of marketing materials), 510
East 96/th/ Street, Suite 300, Indianapolis, IN 46240, Aplifi (order entry
systems provider) located at 555 SW 12/th/ Ave, Suite 202, Pompano Beach,
FL 33069, Broadridge Investor Communication Solutions, Inc. (proxy tabulation
services), 51 Mercedes Way, Edgewood, NY 11717, Depository Trust & Clearing
Corporation (clearing and settlement services), 55 Water Street, 26/th/ Floor,
New York, NY 10041, DG3 North America, Inc. (proxy and prospectus printing and
mailing services), 100 Burma Road, Jersey City, NJ 07305, DST Systems, Inc.
(clearing and settlement services), 4900 Main, 7/th/ Floor, Kansas City, MO
64112, EBIX, Inc. (order-entry system), 5 Concourse Parkway, Suite 3200,
Atlanta, GA 30328, ExlService Holdings, Inc., (administration of annuity
contracts), 350 Park Avenue, 10/th/ Floor, New York, NY 10022, Diversified
Information Technologies Inc. (records management), 123 Wyoming Avenue,
Scranton, PA 18503, Fiserv (composition, printing and mailing of confirmation
and quarterly statements), 881 Main Street, Manchester, CT 06040, Fosdick
Fulfillment Corp. (fulfillment of prospectuses and marketing materials),
26 Barnes Industrial Park Road, North Wallingford, CT 06492, Insurance
Technologies (annuity illustrations), 38120 Amrhein Ave., Livonia, MI 48150,
Morningstar Associates LLC (asset allocation recommendations), 225 West Wacker
Drive Chicago, IL 60606, National Financial Services (clearing and settlement
services) 82 Devonshire Street Boston, MA 02109, NEPS, LLC (composition,
printing, and mailing of contracts and benefit documents), 12 Manor Parkway,
Salem, NJ 03079, Pershing LLC (order-entry systems provider), One Pershing
Plaza, Jersey City, NJ 07399, RR Donnelley Receivables, Inc. (printing annual
reports and prospectuses), 111 South Wacker Drive, Chicago, IL 60606-4301,
William B. Meyer (printing and fulfillment of prospectuses and marketing
materials), 255 Long Beach Boulevard, Stratford, CT 06615, Right Now
Technologies (business information repository), 136 Enterprise Blvd, Bozeman,
MT 59718, The Harty Press (print vendor for client communications), 25 James
Street, New Haven, CT 06513, Skywire Software (composition, printing, and
mailing of contracts and benefit documents), 150 Post Street, Suite 500, San
Francisco, CA 94108, Bloomberg L. P. (subscription service to support index
based product adjustments), 731 Lexington Ave. New York, NY 10022.
SALE AND DISTRIBUTION OF THE CONTRACT
Prudential Annuities Distributors, Inc. (PAD), a wholly-owned subsidiary of
Prudential Annuities, Inc., is the distributor and principal underwriter of
the contracts offered through this prospectus. PAD acts as the distributor of
a number of annuity and life insurance products. PAD's principal business
address is One Corporate Drive, Shelton, Connecticut 06484. PAD is registered
as a broker-dealer under the Securities Exchange Act of 1934 (Exchange Act),
and is a member of the Financial Industry Regulatory Authority (FINRA).
The contract is offered on a continuous basis. PAD enters into distribution
agreements with broker-dealers who are registered under the Exchange Act and
with entities that may offer the contracts but are exempt from registration
("firms"). Applications for each contract are solicited by registered
representatives of those firms. Such representatives will also be our
appointed insurance agents under state insurance law. In addition, PAD may
offer the contracts directly to potential purchasers.
Under the distribution agreement, commissions are paid to firms on sales of
the contract according to one or more schedules. The individual representative
will receive a portion of the compensation, depending on the practice of his
or her firm. Commissions are generally based on a percentage of purchase
payments made, up to a maximum of 5.0%. Alternative compensation schedules are
available that generally provide a lower initial commission plus ongoing
quarterly compensation based on all or a portion of contract value. We may
also provide compensation to the distributing firm for providing ongoing
service to you in relation to the contract. Commissions and other compensation
paid in relation to the contract do not result in any additional charge to you.
In addition, in an effort to promote the sale of our products (which may
include the placement of Pruco Life of New Jersey and/or the contracts on a
preferred or recommended company or product list and/or access to the firm's
registered representatives), we or PAD may enter into compensation
arrangements with certain broker-dealer firms with respect to certain or all
registered representatives of such firms under which such firms may receive
separate compensation or reimbursement for, among other things, training of
sales personnel and/or marketing and/or administrative services and/or other
services they provide. These services may include, but are not limited to:
educating customers of the firm on the contract's features; conducting due
diligence and analysis, providing office access, operations and systems
support; holding seminars intended to educate the firm's registered
representatives and make them more knowledgeable about the contracts;
providing a dedicated marketing coordinator; providing priority sales desk
support; and providing expedited marketing compliance approval. To the extent
permitted by FINRA rules and other applicable laws and regulations, PAD may
pay or allow other promotional incentives or payments in the form of cash or
non-cash compensation, (e.g., gifts, occasional meals and entertainment,
sponsorship of training and due diligence events). These arrangements may not
be offered to all firms and the terms of such arrangements may differ between
firms. A list of the firms to whom Pruco Life of New Jersey pays an amount
under these arrangements is provided below. You should note that firms and
individual registered representatives and branch managers within some firms
participating in one of
24
these compensation arrangements might receive greater compensation for selling
the contracts than for selling a different annuity that is not eligible for
these compensation arrangements. While compensation is generally taken into
account as an expense in considering the charges applicable to an annuity
product, any such compensation will be paid by us or PAD and will not result
in any additional charge to you. Overall compensation paid to the distributing
firm does not exceed, based on actuarial assumptions, 8.5% of the total
purchase payments made. Your registered representative can provide you with
more information about the compensation arrangements that apply upon the sale
of the contract.
We or PAD also may compensate third-party vendors, for services that such
vendors render to broker-dealer firms. To the extent permitted by the FINRA
rules and other applicable laws and regulations, PAD may pay or allow other
promotional incentives or payments in the forms of cash or non-cash
compensation. These arrangements may not be offered to all firms and the terms
of such arrangements may differ between firms.
The list below identifies three general types of payments that PAD pays to
registered broker-dealers and firms which are broadly defined as follows:
.. Percentage Payments based upon "Assets under Management" or "AUM": This
type of payment is a percentage payment that is based upon the total amount
held in all Pruco Life of New Jersey products that were sold through the
firm.
.. Percentage Payments based upon sales: This type of payment is a percentage
payment that is based upon the total amount of money received as purchase
payments under Pruco Life of New Jersey annuity products sold through the
firm.
.. Fixed Payments: These types of payments are made directly to or in
sponsorship of the firm.
Examples of arrangements under which such payments may be made currently
include, but are not limited to: sponsorships, conferences (national, regional
and top producer), speaker fees, promotional items and reimbursements to firms
for marketing activities or services paid by the firms and/or their individual
representatives. The amount of these payments varies widely because some
payments may encompass only a single event, such as a conference, and others
have a much broader scope. In addition, we may make payments upon the
initiation of a relationship for systems, operational and other support.
The list below includes the names of the firms that we are aware (as of
December 31, 2012) received payment with respect to annuity business during
2012 (or as to which a payment amount was accrued during 2012). The firms
listed below include payments in connection with products issued by Pruco Life
Insurance Company and Pruco Life Insurance Company of New Jersey. Your
registered representative can provide you with more information about the
compensation arrangements that apply upon the sale of the contract. During
2012, the least amount paid, and greatest amount paid, were $450.00 and
$6,788,299.04, respectively.
NAME OF FIRM:
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9: OTHER INFORMATION CONTINUED
You should note that firms and individual registered representatives and
branch managers with some firms participating in one of these compensation
arrangements might receive greater compensation for selling the contracts than
for selling a different annuity that is not eligible for these compensation
arrangements. While compensation is generally taken into account as an expense
in considering the charges applicable to a contract product, any such
compensation will be paid by us or PAD and will not result in any additional
charge to you. Your registered representative can provide you with more
information about the compensation arrangements that apply upon the sale of
the contract.
This contract is sold through firms that are unaffiliated with us, and also is
sold through an affiliated firm called Pruco Securities, LLC. Pruco
Securities, LLC is an indirect wholly-owned subsidiary of Prudential Financial
that sells variable annuities and variable life insurance (among other
products) through its registered representatives. Pruco Securities LLC also
serves as principal underwriter of certain variable life insurance contracts
issued by subsidiary insurers of Prudential Financial.
LEGAL PROCEEDINGS
Pruco Life of New Jersey is subject to legal and regulatory actions in the
ordinary course of our business. Pending legal and regulatory actions include
proceedings specific to Pruco Life of New Jersey and proceedings generally
applicable to business practices in the industry in which we operate. Pruco
Life of New Jersey is subject to class action lawsuits and other litigation
involving a variety of issues and allegations involving sales practices,
claims payments and procedures, premium charges, policy servicing and breach
of fiduciary duty to customers. Pruco Life of New Jersey is also subject to
litigation arising out of its general business activities, such as its
investments, contracts, leases and labor and employment relationships,
including claims of discrimination and harassment, and could be exposed to
claims or litigation concerning certain business or process patents. In some
of the pending legal and regulatory actions, plaintiffs are seeking large
and/or indeterminate amounts, including punitive or exemplary damages. In
addition, Pruco Life of New Jersey, along with other participants in the
businesses in which we engage, may be subject from time to time to
investigations, examinations and inquiries, in some cases industry-wide,
concerning issues or matters upon which such regulators have determined to
focus. In some of the Pruco Life of New Jersey pending legal and regulatory
actions, parties are seeking large and/or indeterminate amounts, including
punitive or exemplary damages. The outcome of litigation or a regulatory
matter, and the amount or range of potential loss at any particular time, is
often inherently uncertain. The following is a summary of certain pending
proceedings.
Pruco Life of New Jersey establishes accruals for litigation and regulatory
matters when it is probable that a loss has been incurred and the amount of
that loss can be reasonably estimated. For litigation and regulatory matters
where a loss may be reasonably possible, but not probable, or is probable but
not reasonably estimable, no accrual is established, but the matter, if
material, is disclosed, including matters discussed below. As of December 31,
2012, the aggregate range of reasonably possible losses in excess of accruals
established is not currently estimable. Pruco Life of New Jersey reviews
relevant information with respect to its litigation and regulatory matters on
a quarterly and annual basis and updates its accruals, disclosures and
estimates of reasonably possible loss based on such reviews.
In January 2013, a qui tam action on behalf of the State of Florida, Total
Asset Recovery Services v. Met Life Inc., et al., Manulife Financial
Corporation, et. al., Prudential Financial, Inc., The Prudential Insurance
Company of America, and Prudential Insurance Agency, LLC, filed in the Circuit
Court of Leon County, Florida, was served on Prudential. The complaint alleges
that Prudential failed to escheat life insurance proceeds to the State of
Florida in violation of the Florida False Claims Act and seeks injunctive
relief, compensatory damages, civil penalties, treble damages, prejudgment
interest, attorneys' fees and costs. In March 2013, the Company filed a motion
to dismiss the complaint.
In March 2012, a qui tam action on behalf of the State of Minnesota, Total
Asset Recovery Services v. MetLife Inc., et al., Prudential Financial Inc.,
The Prudential Insurance Company of America and Prudential Holdings, Inc.,
filed in the Fourth Judicial District, Hennepin County, in the State of
Minnesota was served on Pruco Life of New Jersey. The complaint alleges that
Pruco Life of New Jersey failed to escheat life insurance proceeds to the
State of Minnesota in violation of the Minnesota False Claims Act and seeks
injunctive relief, compensatory damages, civil penalties, treble damages,
prejudgment interest, attorneys' fees and costs. In June 2012, Pruco Life of
New Jersey filed a motion to dismiss the complaint. In December 2012, the
Court granted Pruco Life of New Jersey's motion to dismiss, and the complaint
was dismissed with prejudice.
In January 2012, a qui tam action on behalf of the State of Illinois, Total
Asset Recovery Services v. Met Life Inc, et al., Prudential Financial, Inc.,
The Prudential Insurance Company of America, and Prudential Holdings, LLC ,
filed in the Circuit Court of Cook County, Illinois, was served on Pruco Life
of New Jersey. The complaint alleges that Pruco Life of New Jersey failed to
escheat
26
life insurance proceeds to the State of Illinois in violation of the Illinois
False Claims Whistleblower Reward and Protection Act and seeks injunctive
relief, compensatory damages, civil penalties, treble damages, prejudgment
interest, attorneys' fees and costs. In April 2012, Pruco Life of New Jersey
filed a motion to dismiss the complaint. In September 2012, the complaint was
withdrawn without prejudice. This matter is concluded. We will cease reporting
on this matter.
In January 2012, a Global Resolution Agreement entered into by Pruco Life of
New Jersey and a third party auditor became effective upon its acceptance by
the unclaimed property departments of 20 states and jurisdictions. Under the
terms of the Global Resolution Agreement, the third party auditor acting on
behalf of the signatory states will compare expanded matching criteria to the
Social Security Master Death File ("SSMDF") to identify deceased insureds and
contractholders where a valid claim has not been made. In February 2012, a
Regulatory Settlement Agreement entered into by Pruco Life of New Jersey to
resolve a multi-state market conduct examination regarding its adherence to
state claim settlement practices became effective upon its acceptance by the
insurance departments of 20 states and jurisdictions. The Regulatory
Settlement Agreement applies prospectively and requires Pruco Life of New
Jersey to adopt and implement additional procedures comparing its records to
the SSMDF to identify unclaimed death benefits and prescribes procedures for
identifying and locating beneficiaries once deaths are identified. Other
jurisdictions that are not signatories to the Regulatory Settlement Agreement
are considering proposals that would apply prospectively and require life
insurance companies to take additional steps to identify unreported deceased
policy and contract holders. These prospective changes and any escheatable
property identified as a result of the audits and inquiries could result in:
(1) additional payments of previously unclaimed death benefits; (2) the
payment of abandoned funds to U.S. jurisdictions; and (3) changes in the Pruco
Life of New Jersey's practices and procedures for the identification of
escheatable funds and beneficiaries, which would impact claim payments and
reserves, among other consequences.
Pruco Life of New Jersey is one of several companies subpoenaed by the New
York Attorney General regarding its unclaimed property procedures.
Additionally, the New York Department of Financial Services ("NYDFS") has
requested that 172 life insurers (including Pruco Life of New Jersey) provide
data to the NYDFS regarding use of the SSMDF. The New York Office of Unclaimed
Funds is conducting an audit of Pruco Life of New Jersey's compliance with New
York's unclaimed property laws. The Minnesota Attorney General has also
requested information regarding Pruco Life of New Jersey's use of the SSMDF
and its claim handling procedures and Pruco Life of New Jersey is one of
several companies subpoenaed by the Minnesota Department of Commerce,
Insurance Division. In February 2012, the Massachusetts Office of the Attorney
General requested information regarding Pruco Life of New Jersey's unclaimed
property procedures.
In July 2010, Pruco Life of New Jersey, along with other life insurance
industry participants, received a formal request for information from the
State of New York Attorney General's Office in connection with its
investigation into industry practices relating to the use of retained asset
accounts. In August 2010, Pruco Life of New Jersey received a similar request
for information from the State of Connecticut Attorney General's Office. Pruco
Life of New Jersey is cooperating with these investigations. Pruco Life of New
Jersey has also been contacted by state insurance regulators and other
governmental entities, including the U.S. Department of Veterans Affairs and
Congressional committees regarding retained asset accounts. These matters may
result in additional investigations, information requests, claims, hearings,
litigation, adverse publicity and potential changes to business practices.
Pruco Life of New Jersey's litigation and regulatory matters are subject to
many uncertainties, and given their complexity and scope, their outcome cannot
be predicted. It is possible that Pruco Life of New Jersey's results of
operations or cash flow in a particular quarterly or annual period could be
materially affected by an ultimate unfavorable resolution of pending
litigation and regulatory matters depending, in part, upon the results of
operations or cash flow for such period. In light of the unpredictability of
Pruco Life of New Jersey's litigation and regulatory matters, it is also
possible that in certain cases an ultimate unfavorable resolution of one or
more pending litigation or regulatory matters could have a material adverse
effect on Pruco Life of New Jersey's financial position. Management believes,
however, that, based on information currently known to it, the ultimate
outcome of all pending litigation and regulatory matters, after consideration
of applicable reserves and rights to indemnification, is not likely to have a
material adverse effect on Pruco Life of New Jersey's financial position.
ASSIGNMENT
In general and where allowed, you can assign your contract at any time during
your lifetime. Your ability to assign your contract may be limited, however,
if your contract was issued under a qualified plan. We will not be bound by
any assignment until we receive written notice of the assignment in Good
Order, and we will not be liable for any payment or other action we take in
accordance with the contract that occurs before we receive your written notice.
Any assignment of the contract will result in the termination of any automated
withdrawal program that had been in effect. If the new Owner wants to
re-institute an automated withdrawal program, then he/she needs to submit the
forms that we require in Good Order.
Like any other change in ownership, an assignment may trigger a taxable event.
You should consult with a qualified tax advisor for complete information and
advice prior to assigning your contract as, once an assignment is processed,
the tax reporting cannot be reversed.
27
9: OTHER INFORMATION CONTINUED
INDEMNIFICATION
Pruco Life of New Jersey, in conjunction with certain affiliates, maintains
insurance on behalf of any person who is or was a trustee, director, officer,
employee, or agent of Pruco Life of New Jersey, or who is or was serving at
the request of Pruco Life of New Jersey as a trustee, director, officer,
employee or agent of such other affiliated trust or corporation, against any
liability asserted against and incurred by him or her arising out of his or
her position with such trust or corporation.
New Jersey, being the state of organization of Pruco Life of New Jersey,
permits entities organized under its jurisdiction to indemnify directors and
officers with certain limitations. The relevant provisions of New Jersey law
permitting indemnification can be found in Section 14A:3-5 et. seq. of the New
Jersey Statutes Annotated. The text of Pruco Life of New Jersey's By-law,
Article V, which relates to indemnification of officers and directors, is
incorporated by reference to Exhibit 1.A.(6)(c) to Form S-6, Registration
No. 333-85117, filed August 13, 1999 on behalf of Pruco Life of New Jersey
Variable Appreciable Account.
Insofar as indemnification for liabilities arising under the Securities Act of
1933 may be permitted to directors, officers and controlling persons of Pruco
Life of New Jersey pursuant to the foregoing provisions or otherwise, Pruco
Life of New Jersey has been advised that in the opinion of the Securities and
Exchange Commission such indemnification is against public policy as expressed
in the Act and is, therefore, unenforceable. In the event that a claim for
indemnification against such liabilities (other than the payment by Pruco Life
of New Jersey of expenses incurred or paid by a director, officer or
controlling person of Pruco Life of New Jersey in the successful defense of
any action, suit or proceeding) is asserted by such director, officer or
controlling person in connection with the securities being registered, Pruco
Life of New Jersey will, unless in the opinion of its counsel the matter has
been settled by controlling precedent, submit to a court of appropriate
jurisdiction the question whether such indemnification by it is against public
policy as expressed in the Act and will be governed by the final adjudication
of such issue.
HOW TO CONTACT US
You can contact us by:
.. calling our Customer Service Team at 1-888-PRU-2888 during our normal
business hours, 8:00 a.m. EST to 7:00 p.m. EST Monday through Thursday and
8:00 a.m. EST to 6:00 p.m. EST on Friday.
.. writing to us via regular mail at Prudential Annuity Service Center, P.O.
Box 7960, Philadelphia, PA 19176. NOTE: Failure to send mail to the proper
address may result in a delay in our receiving and processing your request.
.. accessing information about your contract through our Internet Website at
www.prudentialannuities.com.
You can obtain account information by calling our automated response system
and at www.prudentialannuities.com, our Internet Website. Our customer service
representatives are also available during business hours to provide you with
information about your account. You can request certain transactions through
our telephone voice response system, our Internet Website or through a
customer service representative. You can provide authorization for a third
party, including your attorney-in-fact acting pursuant to a power of attorney,
to access your account information and perform certain transactions on your
account. You will need to complete a form provided by us which identifies
those transactions that you wish to authorize via telephonic and electronic
means and whether you wish to authorize a third party to perform any such
transactions. Please note that unless you tell us otherwise, we deem that all
transactions that are directed by your registered representative with respect
to your contract have been authorized by you. We require that you or your
registered representative provide proper identification before performing
transactions over the telephone or through our Internet Website. This may
include a Personal Identification Number (PIN) that will be provided to you
upon issue of your contract or you may establish or change your PIN by calling
our automated response system and at www.prudentialannuities.com, our Internet
Website. Any third party that you authorize to perform financial transactions
on your account will be assigned a PIN for your account.
Transactions requested via telephone are recorded. To the extent permitted by
law, we will not be responsible for any claims, loss, liability or expense in
connection with a transaction requested by telephone or other electronic means
if we acted on such transaction instructions after following reasonable
procedures to identify those persons authorized to perform transactions on
your contract using verification methods which may include a request for your
Social Security number, PIN or other form of electronic identification. We may
be liable for losses due to unauthorized or fraudulent instructions if we did
not follow such procedures.
Pruco Life of New Jersey does not guarantee access to telephonic, facsimile,
Internet or any other electronic information or that we will be able to accept
transaction instructions via such means at all times. Regular and/or express
mail may be the only means by which we will accept transaction instructions
when telephonic, facsimile, Internet or any other electronic means are
unavailable or delayed. Pruco Life of New Jersey reserves the right to limit,
restrict or terminate telephonic, facsimile, Internet or any other electronic
transaction privileges at any time. There may be circumstances where the NYSE
is open, however, due to inclement weather, natural disaster or other
circumstances beyond our control, our offices may be closed or our business
processing capabilities may be restricted. Under those circumstances, you may
not be able to transfer contract value, or make a purchase or redemption
request.
28
MARKET-VALUE ADJUSTMENT FORMULA
The general formula under which Pruco Life of New Jersey calculates the market
value adjustment applicable to a full or partial surrender, annuitization, or
settlement under Strategic Partners Horizon Annuity is set forth below. The
market value adjustment is expressed as a multiplier factor. That is, the
Contract Value after the market value adjustment ("MVA"), but before any
surrender charge, is as follows: Contract Value (after MVA) = Contract Value
(before MVA) X (1 + MVA). The MVA itself is calculated as follows:
The denominator of the MVA formula includes a factor, currently equal to
0.0025 or 0.25%. It is an adjustment that is applied when an MVA is assessed
(regardless of whether the MVA is positive or negative) and, relative to when
no factor is applied, will reduce the amount being surrendered or transferred.
The MVA formula uses an interpolated rate "J" as the current credited interest
rate. Specifically, "J" is the interpolated current credited interest rate
offered on new money at the time of withdrawal, annuitization, or settlement.
The interpolated value is calculated using the following formula:
m/365 X (n + 1) year rate + (365 - m)/365 X n year rate,
where "n" equals the number of whole years remaining in the Contract's current
guarantee period, and "m" equals the number of additional days remaining in
the current guarantee period.
MARKET VALUE ADJUSTMENT EXAMPLE
The following will illustrate the application of the Market-Value Adjustment.
For simplicity, surrender charges are ignored in these hypothetical examples.
Positive market value adjustment
.. Suppose a contract owner made an invested purchase payment of $10,000 on
July 1, 2005 and received a guaranteed interest rate of 6% for 5 years. A
request to surrender the contract is made on May 1, 2007. At the time, the
Contract Value has accumulated to $11,127.11. The number of whole years
remaining in the guarantee period is 3.
.. On May 1, 2007 the interest rate declared by Pruco Life of New Jersey for a
guarantee period of 3 years (the number of whole years remaining) is 4%,
and for a guarantee period of 4 years (the number of whole years remaining
plus 1) is 5%.
The following computations would be made:
1) Calculate the Charge Free Amount. The Charge Free Amount is the interest
credited in the contract in the previous contract year. This amount is
$600.00. It is not subject to a Market Value Adjustment.
2) Subtract the Charge Free Amount from the Contract Value. The result is the
amount subject to a Market Value Adjustment (MVA).
$11,127.11 - $600.00 = $10,527.11
3) Determine the Market Value Adjustment factor.
The MVA factor calculation would be: [(1.06)/(1.0417 + .0025)]/^(38/12)/ - 1 =
0.04871
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9: OTHER INFORMATION CONTINUED
4) Multiply the amount subject to a Market Value Adjustment by the factor
calculated in Step 3.
$10,527.11 X 0.04871 = $512.78
5) Add together the Market Value Adjustment and the amount subject to the MVA.
$10,527.11 + $ 512.78 = $11,039.89
6) Add back the Charge Free Amount to get the total Contract Surrender Value.
$11,039.89 + $600.00 = $11,639.89
The MVA may not always be positive. Here is an example where it is negative.
.. Suppose a contract owner made an invested purchase payment of $10,000 on
July 1, 2005 and received a guaranteed interest rate of 6% for 5 years. A
request to surrender the contract is made on May 1, 2007. At the time, the
Contract Value has accumulated to $11,127.11. The number of whole years
remaining in the guarantee period is 3.
.. On May 1, 2007 the interest rate declared by Pruco Life of New Jersey for a
guarantee period of 3 years (the number of whole years remaining) is 7%,
and for a guarantee period of 4 years (the number of whole years remaining
plus 1) is 8%.
The following computations would be made:
1) Calculate the Charge Free Amount. The Charge Free Amount is the interest
credited in the contract in the previous contract year. This amount is
$600.00. It is not subject to a Market Value Adjustment.
2) Subtract the Charge Free Amount from the Contract Value. The result is the
amount subject to a Market Value Adjustment (MVA).
$11,127.11 - $600.00 = $10,527.11
3) Determine the Market Value Adjustment Factor.
The MVA Factor calculation would be: [(1.06)/(1.0717 + .0025)]/^(38/12)/ - 1 =
-0.04126
4) Multiply the amount subject to a Market Value Adjustment by the factor
calculated in Step 3.
$10,527.11 X -0.04126 = - $434.35
5) Add together the Market Value Adjustment and the amount subject to the MVA.
$10,527.11 - $434.35 = $10,092.76
6) Add back the Charge Free Amount to get the total Contract Surrender Value.
$10,092.76 + $600.00 = $10,692.76
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ORD01146NY