29.01.2015 Views

Issued by Genworth Life and Annuity Insurance Company

Issued by Genworth Life and Annuity Insurance Company

Issued by Genworth Life and Annuity Insurance Company

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Guaranteed Income provision. If the Owner has<br />

already been paid annuity payments equal to or<br />

greater than the Premium, we will make no further<br />

payments.<br />

In all events, the Certificates will be interpreted <strong>and</strong><br />

administered in accordance with the requirements of<br />

Sections 72(s) <strong>and</strong> 401(a)(9) of the Code, as applicable.<br />

DIVORCE PROVISIONS UNDER THE<br />

CERTIFICATE<br />

In the event of a divorce whose decree affects a Certificate, we<br />

will require written notice of the divorce in a manner acceptable<br />

to us. Options available as a result of divorce include:<br />

During the Account Phase:<br />

If there was a sole Participant (Qualified or Non-Qualified<br />

Certificates, with a natural person as Certificate Owner):<br />

‰ If the Participant remains the sole Owner of the<br />

Account, there will be no change to the Certificate.<br />

‰ If the former spouse of the Participant becomes the sole<br />

Owner of the Account, the Certificate may be reissued<br />

with the former spouse as Owner or may be terminated,<br />

at their discretion. The Participant on the Certificate<br />

may not be changed. If the former spouse of the<br />

Participant becomes the Owner of the Certificate, the<br />

Certificate will terminate upon the death of the former<br />

spouse who owns the Certificate.<br />

‰ If the Account is divided between the Owner <strong>and</strong> the<br />

former spouse, the Certificate may be reissued as two<br />

Certificates (one to each of the former spouses), with<br />

the Withdrawal Guarantee divided in proportion to the<br />

division of the assets in the Account. The Participant<br />

may not be changed, nor is a Joint Participant permitted.<br />

If there were Joint Participants (Qualified or Non-Qualified,<br />

with natural person(s) as Certificate Owner):<br />

‰ If both Joint Participants (the former spouses) divided<br />

the assets in the Account, the Certificate may be<br />

reissued as two Certificates (one to each of the former<br />

spouses), with the Withdrawal Guarantee divided in<br />

proportion to the division of the assets in the Account.<br />

The Participants may remain as Joint Participants or<br />

each may become the only Participant on their<br />

respective Certificate. Once reissued, the Participants<br />

are not permitted to be changed. If the Participants<br />

remain as Joint Participants, the Certificate will,<br />

however, terminate upon the death of the former spouse<br />

who owns such Certificate.<br />

‰ If a former spouse becomes the sole Owner of the<br />

Certificate <strong>and</strong> the Account, the Certificate may be<br />

reissued to reflect the new ownership with the sole<br />

Certificate Owner as the sole Participant, or with the<br />

former spouses remaining as Joint Participants. Once<br />

reissued, the Participants are not permitted to be<br />

changed. If the Participants remain as Joint Participants,<br />

the Certificate will, however, terminate upon the death<br />

of the former spouse who owns such Certificate.<br />

‰ In the case of divorce, if a Certificate with Joint<br />

Participants becomes a Certificate with a sole<br />

Participant, the Asset Charge for a Certificate with a<br />

sole Participant will thereafter be assessed.<br />

In the case of a non-natural Certificate Owner:<br />

‰ If the same non-natural Certificate Owner maintains<br />

ownership of the Account, there will be no changes to<br />

the Certificate.<br />

‰ If new non-natural Certificate Owners divide the<br />

ownership of the Account, the Certificate’s status will<br />

be h<strong>and</strong>led on a case-<strong>by</strong>-case basis so as not to violate<br />

Internal Revenue Service regulations.<br />

Certificate Owners <strong>and</strong> Participants should consult with their<br />

own advisors to assess the tax consequences associated with<br />

these divorce provisions.<br />

ILLUSTRATION OF HOW THE<br />

CERTIFICATE WORKS<br />

Example #1: Assume for this example the following<br />

scenario: a 64 year old client who buys the Certificate just<br />

before his 65 th Birthday, <strong>and</strong> takes the full amount of his<br />

Withdrawal Guarantee immediately after his Birthday<br />

each year <strong>and</strong> lives to age 95. In this scenario, the<br />

performance of the assets in the Account is minus 9% for<br />

the first two years <strong>and</strong> positive 8% each year thereafter.<br />

Performance is gross of investment advisory fees <strong>and</strong> any<br />

fees assessed <strong>by</strong> the mutual funds <strong>and</strong> exchange traded<br />

funds.<br />

‰ Single Owner <strong>and</strong> Participant<br />

‰ Initial Account Value $500,000<br />

‰ Initial Withdrawal Guarantee of $25,000<br />

(5% x $500,000)<br />

‰ Buys Certificate just prior to his 65 th birthday <strong>and</strong> takes<br />

the full amount of Guaranteed Withdrawals after his<br />

Birthday annually<br />

21

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!