EX-99.4(ACU) 10 e11545_ex99-4acu.txt GUARANTEED MINIMUM DEATH BENEFIT GUARANTEED MINIMUM DEATH BENEFIT RIDER GREATER OF [5%] ROLLUP TO AGE [85] GMDB OR ANNUAL RATCHET TO AGE [85] GMDB WITH OPTIONAL RESET OF [5%] ROLL UP TO AGE [85] GMDB The term "Contract" as used in this Endorsement applies to either a Contract or Certificate. This Rider is part of your Contract, and the same definitions apply to the capitalized terms. There are new definitions in this Rider which are introduced below. The benefit described in this Rider is subject to all the terms contained in your Contract, except as modified below. In this Rider, "we", "our" and "us" mean AXA Equitable Life Insurance Company and "you" and "your" mean the Owner. I. THIS RIDER'S BENEFIT The terms of this Rider add to the Contract a Guaranteed Minimum Death Benefit (GMDB) as described below. The GMDB is derived from a Benefit Base as described in Parts II and III. The GMDB under the Contract will be the greater of the [5%] Roll Up to Age [85] Benefit Base or the Annual Ratchet to Age [85] Benefit Base. The Rider describes the computation of the [5%] Roll Up to Age [85] Benefit Base and the Annual Ratchet to Age [85] Benefit Base, the cost of this Rider and how this Rider may terminate. On the Contract Date, your [5%] Roll Up to Age [85] Benefit Base and Annual Ratchet to age [85] Benefit Base are both equal to your initial Contribution. Thereafter, the GMDB is the greater of the [5%] Roll Up to Age [85] Benefit Base or the Annual Ratchet to Age [85] Benefit Base. For Contracts with Joint Owners, a GMDB that by its terms accumulates to the Contract Date Anniversary following the Owner's [85th] birthday will instead accumulate to the Contract Date Anniversary following the[85th] birthday of the older Joint Owner. Also, any Optional Reset provision which is limited to the Contract Date Anniversary following the Owner's [80th ] birthday will instead be limited to the Contract Date Anniversary following the [80th ] birthday of the older Joint Owner. For Contracts with Non-Natural Owners, a GMDB that by its terms accumulates to the Contract Date Anniversary following the Owner's [85th] birthday will instead accumulate to the Contract Date Anniversary following the [85th] birthday of the Annuitant. Also, any Optional Reset provision which is limited to the Contract Date Anniversary following the Owner's [80th] birthday will instead be limited to the Contract Date Anniversary following the [80th] birthday of the Annuitant. If there are Joint Annuitants named under Contracts with Non-Natural Owners, the GMDB will accumulate to the Contract Date Anniversary following the [85th] birthday of the older Joint Annuitant and any optional reset will be limited to the Contract Date Anniversary following the [80th] birthday of the older Joint Annuitant. [Amounts allocated to your Contract when this Rider is elected are limited to those Investment Options offered under "Allocation Option A" of the Endorsement Applicable to Investment Options.] 1 2009GMDBOPR II. [5%] ROLL UP TO AGE [85] BENEFIT BASE For the [5%] Roll Up to Age [85] Benefit Base, the Benefit Base is credited each day with interest at an annual effective rate of [5%] ([2%] for amounts in the [EQ/Money Market Fund, Guaranteed Interest Option, [and the loan reserve for the TSA market]]) through the Contract Date Anniversary following the Owner's [85th ] birthday (or the Owner's death, if earlier), and 0% thereafter. FOR ACCUMULATOR CORE AND ELITE ONLY [The Benefit Base interest rate applicable during the period selected for the Special Dollar Cost Averaging Account, if applicable, will be [5%]. FOR ACCUMULATOR PLUS AND SELECT ONLY [The Benefit Base interest rate applicable during the period selected for the [Special Money Market] Dollar Cost Averaging Account, if applicable, will be [5%]. The Benefit Base is also increased by the dollar amount of any subsequent Contributions and adjusted for withdrawals as described under "Effects of Withdrawals" below. OPTIONAL RESET OF [5%] ROLL UP TO AGE [85] BENEFIT BASE: On or within [30] days following the [third] or later Contract Date Anniversary, you may reset your [5%] Roll Up to Age [85] Benefit Base to equal the Annuity Account Value on that Contract Date Anniversary. The [5%] Roll Up continues on your reset Benefit Base. When you reset your [5%] Roll Up to Age [85] Benefit Base, you may not reset the Benefit Base again until the [first] or later Contract Date Anniversary following the reset. Reset is not permitted after the Contract Date Anniversary following the Owner's [80th] birthday. [Contributions made within [12 months] of any reset will not be included for purposes of resetting your [5%] Roll Up to Age [85] GMDB Benefit Base.] When you reset your [5%] Roll Up to Age [85] Benefit Base, your [5%] Roll Up to Age [85] GMIB Benefit Base is automatically reset as described in your Guaranteed Minimum Income Benefit Rider. We may increase the charge for this Rider up to the maximum charge shown in Part V of this Rider. We will apply the higher charge only if your [5%] Roll Up to Age [85] Benefit Base increases due to your election of an optional reset. The new charge will remain in effect for the duration of the Rider, subject to any further charge increase permitted by the above provisions. Any increase in the charge for this Rider will be communicated in writing to you at least [45 days] before the Contract Date Anniversary on which it would take effect. III. ANNUAL RATCHET TO AGE [85] BENEFIT BASE For the Annual Ratchet to Age [85] Benefit Base, on each Contract Date Anniversary up to the Contract Date Anniversary following the Owner's [85th] birthday, if the Annuity Account Value is greater than the current Benefit Base, the Benefit Base is reset to equal the Annuity Account Value. The Benefit Base is also increased by the dollar amount of subsequent Contributions, and adjusted for withdrawals as described under "Effects of Withdrawals" below. 2 IV. EFFECT OF WITHDRAWALS [The [5%] Roll Up to Age [85] and the Annual Ratchet to Age [85] Benefit Base will each be reduced by withdrawals. The reduction is determined separately for each Benefit Base [after completion of your [third] Contract Year]. [Prior to completion of your [third] Contract Year, the Roll Up to Age [85] Benefit Bases will be reduced pro-rata by all withdrawals.] The Annual Ratchet to Age [85] Benefit Base is always reduced pro-rata by all withdrawals. The reduction of the Roll Up to Age [85] Benefit Base is on a dollar-for-dollar basis [after completion of your [third] Contract Year] as long as the sum of your withdrawals in that Contract Year is [5%] or less of the Benefit Base as of the beginning of the Contract Year. Once a withdrawal is made that causes cumulative withdrawals in a Contract Year to exceed [5%] of the [5%] Roll Up to Age [85] Benefit Base as of the beginning of the Contract Year, that entire withdrawal and any subsequent withdrawals in that Contract Year will cause a pro rata reduction of the Roll Up to Age [85] Benefit Base. [In the first Contract Year, Contributions received in the first [90 days] are used to determine the Benefit Base at the beginning of Contract Year 1 for purposes of the preceding two sentences.] [Withdrawals made under any automatic withdrawal service we offer to meet lifetime required minimum distribution rules under the Code will reduce your Roll Up to Age [85] Benefit Base on a dollar for dollar basis in the same manner as described in this paragraph, however, the dollar for dollar withdrawal treatment of such withdrawals will be available [immediately.]] [Contributions made within [12 months] of any withdrawal will not be included for purposes of determining the dollar for dollar withdrawal amount under this Rider.] On or after the GWBL Conversion Effective Date described in your GMIB Rider, your GMDB Benefit Bases described in the first paragraph of this section will each be reduced on a pro-rata basis. If you voluntarily terminate your GMIB Rider on the Contract Date Anniversary following your [85th] birthday ("Last GMIB Exercise Date") described in your GMIB Rider, the [5%] Roll Up to Age [85] Benefit Base will continue to be reduced by withdrawals as described in the first paragraph of this section. A pro-rata reduction is determined as follows: 1) Divide the amount of the withdrawal by your Annuity Account Value immediately preceding the withdrawal; 2) Multiply the fraction calculated in (1) by the amount of your GMDB immediately preceding the withdrawal. This is the amount of the pro-rata reduction. We will reduce your GMDB by this amount. We will make this reduction as of the Transaction Date of each withdrawal. V. THE COST OF THIS RIDER The current charge for this benefit is [0.60%] of the GMDB Benefit Base. The maximum charge upon reset for this benefit is [0.75%] of the GMDB benefit base. We will deduct the above charge(s) for the portion of any Contract Year in which this benefit is terminated pursuant to Part VI of this Rider, a Death Benefit is paid pursuant to Section 6.02 3 of the Contract, the Annuity Account Value is applied to purchase an Annuity Benefit pursuant to Section 7.05 of the Contract, or the Contract is surrendered pursuant to Section 5.02 of the Contract. The above charges will be deducted from the Annuity Account Value in the Variable Investment Options and the Guaranteed Interest Option on a pro rata basis. If there is insufficient value or no value in the Variable Investment Options and the Guaranteed Interest Option, any remaining portion of the charge or the total amount of the charge, as applicable, will be deducted from the Account for Special [Money Market] Dollar Cost Averaging. [VI. EFFECT ON THIS RIDER OF VOLUNTARY TERMINATION OF YOUR GMIB RIDER PRIOR TO THE LAST GMIB EXERCISE DATE If you voluntarily terminate your GMIB Rider prior to Last GMIB Exercise Date, this GMDB Rider automatically terminates.] VII. TERMINATION PROVISION OF THIS RIDER Upon the occurrence of any of the following, this Rider and any charge associated herewith will terminate: (i) the Contract terminates, (ii) except as agreed to by us and provided in the next two sentences, the original Owner of the Contract has changed, (iii) Spousal Continuation is elected and the surviving spouse is age [76] or older as of the date of the Owner's death, (iv) the Contract is continued under the Beneficiary Continuation Option, if applicable, or (v) the Contract is annuitized, including exercise of Guaranteed Minimum Income Benefit, if applicable. However, for a Contract owned by a Non-natural Owner, if the Owner is changed to an individual, this Rider will not terminate and its benefits will continue to be determined by the original Annuitant. For a Contract owned by an individual, if the Owner is changed to a trust and the beneficial owner(s) remains the former Owner or his or her family members, this Rider will not terminate and its benefits continue to be determined by the original Owner. Such original Owner becomes the Annuitant under the Contract at the time of ownership change. Family member means members of the immediate family and other relatives. Immediate family means spouse, domestic partner, civil union partner, parent, child, adopted child, stepchild, brother and sister. Other relatives means grandparent, grandchildren, aunt, uncle, niece, nephew and in-laws. AXA EQUITABLE LIFE INSURANCE COMPANY /s/ Christopher M. Condron /s/ Karen Field Hazin ------------------------------------- ------------------------------------ Christopher M. Condron Karen Field Hazin President and Chief Executive Officer Senior Vice President, Secretary and Associate General Counsel 4