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STRATEGIC PARTNERS(SM)
HORIZON ANNUITY
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PROSPECTUS: MAY 1, 2003
THIS PROSPECTUS DESCRIBES A MARKET VALUE ADJUSTED INDIVIDUAL ANNUITY CONTRACT
OFFERED BY PRUCO LIFE INSURANCE COMPANY (PRUCO LIFE). PRUCO LIFE IS A WHOLLY
OWNED SUBSIDIARY OF THE PRUDENTIAL INSURANCE COMPANY OF AMERICA. PRUCO LIFE IS
LOCATED AT 213 WASHINGTON STREET, NEWARK, NJ 07102-2992, AND CAN BE CONTACTED BY
CALLING (973) 367-1730. PRUCO LIFE ADMINISTERS THE STRATEGIC PARTNERS HORIZON
ANNUITY CONTRACTS AT THE PRUDENTIAL ANNUITY SERVICE CENTER, P.O. BOX 7960,
PHILADELPHIA, PA 19101. YOU CAN CONTACT THE PRUDENTIAL ANNUITY SERVICE CENTER BY
CALLING, TOLL-FREE, (888) PRU-2888.
PLEASE READ THIS PROSPECTUS
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Please read this prospectus before purchasing a Strategic Partners Horizon
Annuity contract and keep it for future reference. The Risk Factors section
appears on page 6 of this prospectus.
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.
STRATEGIC PARTNERS(SM) IS A SERVICE MARK OF THE PRUDENTIAL INSURANCE COMPANY OF
AMERICA ORD01124
CONTENTS
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PART I: STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS
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SUMMARY
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Glossary........................................... 4
Summary............................................ 5
Risk Factors....................................... 6
PART II: STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS
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Section 1: What is the Strategic Partners Horizon
Annuity?............................................... 8
Short Term Cancellation Right or "Free Look"....... 8
Section 2: What Guarantee Periods Can I Choose?......... 9
Guarantee Periods.................................. 9
Market Value Adjustment............................ 10
Section 3: What Kind of Payments Will I Receive During
the Income Phase? (Annuitization)...................... 11
Payment Provisions................................. 11
Option 1: Annuity Payments for a Fixed
Period........................................ 11
Option 2: Life Annuity with 120 Payments (10
Years)........................................ 11
Option 3: Interest Payment Option.............. 11
Option 4: Other Annuity Options................ 11
Tax Considerations............................. 12
Section 4: What is the Death Benefit?................... 13
Beneficiary........................................ 13
Calculation of the Death Benefit................... 13
Joint Ownership Rules.............................. 13
Section 5: How Can I Purchase a Strategic Partners
Horizon Annuity Contract?.............................. 14
Purchase Payment................................... 14
Allocation of Purchase Payment..................... 14
Section 6: What are the Expenses Associated with the
Strategic Partners Horizon Annuity Contract?........... 15
Withdrawal Charge.................................. 15
Waiver of Withdrawal Charge for Critical Care...... 16
Taxes Attributable to Premium...................... 16
Section 7: How Can I Access My Money?................... 17
Automated Withdrawals.............................. 17
Section 8: What are the Tax Considerations Associated
with the Strategic Partners Horizon Annuity
Contract?.............................................. 18
Contracts Owned by Individuals (Not Associated with
Tax Favored Retirement Plans)...................... 18
Contracts Held by Tax Favored Plans................ 19
Section 9: Other Information............................ 25
Pruco Life Insurance Company....................... 25
Sale and Distribution of the Contract.............. 25
Assignment......................................... 26
Householding....................................... 26
Litigation......................................... 26
Indemnification.................................... 26
Market-Value Adjustment Formula.................... 28
IRA Disclosure Statement........................... 32
2
PART I SUMMARY
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STRATEGIC PARTNERS HORIZON ANNUITY
PROSPECTUS
3
PART I
STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SUMMARY
GLOSSARY
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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 (see below definition) 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.
ADJUSTED CONTRACT VALUE
When you begin receiving income payments, the value of your contract minus any
charge we impose for premium taxes, adjusted for any market value adjustment.
ANNUITANT
The person whose life determines the amount of income payments that will be
paid. If, upon the death of the annuitant, there is no surviving 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.
BENEFICIARY
The person(s) or entity you have chosen to receive a death benefit.
CO-ANNUITANT
The person shown on the contract data pages who becomes the annuitant upon the
death of the annuitant before the annuity date. No co-annuitant may be
designated if the owner is a non-natural person.
CONTRACT DATE
The date we receive your 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 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 the sole owner or first to die 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. See "What is the Death Benefit?" on page 13.
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.
INCOME OPTIONS
Options under the contract that define the frequency and duration of income
payments. In your contract, these are referred to as payout or annuity options.
INVESTED PURCHASE PAYMENT
Your purchase payment (which we define below) less any deduction we make for any
premium or other 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. Joint owners may be spouses, but are not required to
be spouses.
PRUDENTIAL ANNUITY SERVICE CENTER
For general correspondence: P.O. Box 7960, Philadelphia, PA, 19101. For express
overnight mail: 2101 Welsh Road, Dresher, PA 19025. The phone number is (888)
PRU-2888. Prudential's Web site is www.prudential.com.
PURCHASE PAYMENT
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. 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 "What are
the Tax Considerations Associated with the Strategic Partners Horizon Annuity
Contract, on page 18.
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PART I
STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SUMMARY
SUMMARY OF SECTIONS 1-9
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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, 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 interest amount that your money will earn
is guaranteed by us to always be at least 3%. 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.
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.
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 time period is required in the state where the contract was issued).
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
purchase payment of $5,000. 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.
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SUMMARY OF SECTIONS 1-9 CONTINUED
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PART I
STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SUMMARY
SECTION 6
WHAT ARE THE EXPENSES ASSOCIATED WITH THE STRATEGIC PARTNERS HORIZON ANNUITY
CONTRACT?
There are a few states/jurisdictions that assess a premium tax when you begin
receiving regular income payments from your annuity. In those states, we will
impose the required premium tax charge which can range up to 3.5%.
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 from 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.
SECTION 7
HOW CAN I ACCESS MY MONEY?
You may take money out at any time during the accumulation phase. If you do so,
however, you may 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. Withdrawals greater than that 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 not taxed until withdrawn. If you take money out during the
accumulation phase, earnings are withdrawn first and are taxed as ordinary
income. If you are younger than age 59 1/2 when you take money out, 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. As a result, that
portion of each payment is not taxable as income. Generally, all amounts
withdrawn from IRA contracts (excluding Roth IRAs) are fully 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, a subsidiary of The Prudential Insurance
Company of America and sold by registered representatives.
RISK FACTORS
There are various risks associated with an investment in the Strategic Partners
Horizon Annuity that we summarize below.
ISSUER RISK. Your Horizon Annuity is issued by Pruco Life, and thus is backed
by the financial strength of that company. If Pruco Life were to experience
significant financial adversity, it is possible that Pruco Life's ability to pay
interest and principal under the Strategic Partners Horizon 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
holds to support the Strategic Partners Horizon Annuity. 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 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
7
PART II
STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
1:
WHAT IS THE STRATEGIC PARTNERS HORIZON
ANNUITY?
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THE STRATEGIC PARTNERS HORIZON ANNUITY IS A CONTRACT BETWEEN YOU, THE OWNER, AND
US, THE INSURANCE COMPANY, PRUCO LIFE INSURANCE COMPANY (PRUCO LIFE, 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 second
contract anniversary. This time period may differ in certain states. 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.
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. Your request becomes effective when we
approve it.
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, depending on applicable state law:
- Your full purchase payment; or
- The amount your contract is worth as of the day we receive your request,
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. To the extent dictated by state law,
we will include in your refund the amount of any fees and charges that we
deducted.
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PART II
STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
2:
WHAT GUARANTEE PERIODS
CAN I CHOOSE?
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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 each 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.
We declare the interest rate for each available guarantee period
periodically, but we guarantee that we will declare no less than 3% interest
with respect to any guarantee period. You will earn interest on your invested
purchase payment at the rate that we have declared for the guarantee period you
have chosen.
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 will pay additional interest equal to 0.50%
annually for a purchase payment of $25,000 to $74,999, and 1.00% annually for a
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, in most states, 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.
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).
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 95th birthday and that you
reinvest at least $2,000), or (c) apply the adjusted 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 95th birthday and that you reinvest at least $2,000). If any
available new guarantee period would end on or after the contract anniversary
next following the annuitant's 95th birthday, or if the annuitant is 91 years
old at the end of the guarantee period, 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.
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2:
WHAT GUARANTEE PERIODS CAN I CHOOSE? CONTINUED
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PART II
STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
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 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. Thus, 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, 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 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.
10
PART II
STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
3:
WHAT KIND OF PAYMENTS WILL I RECEIVE DURING THE
INCOME PHASE? (ANNUITIZATION)
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PAYMENT PROVISIONS
We can begin making annuity payments any time after the second contract
anniversary. (This time period may differ in certain states.) Annuity payments
must begin no later than the contract anniversary next following the annuitant's
95th birthday. If you begin annuity payments or commence Option 3 at a time
other than the 30 day period prior to the end of a guarantee period, then:
- We will impose both a withdrawal charge and a market value adjustment if you
choose an annuity option with a fixed period of fewer than 10 years or Option
3. (If your adjusted contract value is allocated to the one year guarantee
period, we will impose only a market value adjustment).
- We will impose a market value adjustment, but not a withdrawal charge, if you
choose a life annuity or an annuity option with a fixed period of at least 10
years.
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, 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, 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 95th
birthday.
OPTION 1
ANNUITY PAYMENTS FOR A FIXED PERIOD
Under this option, we will make equal payments for the period chosen, up to 25
years (but no less than 5 years). The annuity payments may be made monthly,
quarterly, semi-annually, or annually for as long as the annuitant is alive. 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
used will always be at least 3.0% 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
the present value of the remaining annuity payments in one lump sum unless we
were specifically instructed that the 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
payments. The interest rate used will always be at least 3.0% a year.
OPTION 3
INTEREST PAYMENT OPTION
Under this option, we will credit interest on the adjusted contract value until
you request payment of all or part of the adjusted contract value. We can make
interest payments on a monthly, quarterly, semiannual, or annual basis or allow
the interest to accrue on your contract assets. Under this option, we will pay
you interest at an effective rate of at least 1.50% a year. This option may not
be available in all states, and is not available if you hold your contract in an
IRA.
OPTION 4
OTHER ANNUITY OPTIONS
We currently offer a variety of other annuity options not described above. At
the time annuity payments are chosen, we may make available to you any of the
fixed annuity options that are offered at your annuity date.
11
3:
WHAT KIND OF PAYMENTS WILL I RECEIVE DURING THE INCOME PHASE? (ANNUITIZATION)
CONTINUED
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PART II
STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
TAX CONSIDERATIONS
If your contract is held under a tax-favored plan, as discussed on page 20, you
should consider the minimum distribution requirements mentioned on page 22 when
selecting your annuity option.
For certain contracts held in connection with "qualified" retirement plans
(such as a Section 401(k) plan), please note that if you are married at the time
your payments commence, you may be required by federal law to choose an income
option that provides at least a 50 percent joint and survivor annuity 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. For more information, consult the terms of your retirement
arrangement.
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PART II
STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
4:
WHAT IS THE
DEATH BENEFIT?
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THE DEATH BENEFIT FEATURE PROTECTS THE VALUE OF THE CONTRACT FOR THE
BENEFICIARY.
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.
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 ("due proof of death"), pay a death benefit to the
beneficiary designated by the contract 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 due proof
of death to be submitted promptly. The beneficiary will receive a death benefit
equal to the contract value as of the date that due proof of death is received
in good order at the Prudential Annuity Service Center.
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; 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 due proof
of death. Otherwise, the contract will continue with the surviving spouse as
the sole owner.
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 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.
This contract is subject to special tax rules that govern the required
distributions upon the death of the owner or joint owner. See "What are the Tax
Considerations Associated with the Strategic Partners Horizon Annuity Contract?"
section beginning on page 18.
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STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
5:
HOW CAN I PURCHASE A STRATEGIC PARTNERS HORIZON
ANNUITY CONTRACT?
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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. You must get our prior approval
for any purchase payment over $5 million. 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.
Generally, your initial purchase payment consists of a single sum. However,
with respect to an exchange or roll-over, your purchase payment can consist of
multiple sums that you identify at the time of application. With respect to the
latter:
- we will aggregate each sum for purposes of computing the amount of any
additional interest that we pay on each sum; and
- each sum will earn interest only from the business day on which it is
received in good order at the Prudential Annuity Service Center until the end
of the guarantee period.
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 date that
the application is signed.
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.
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STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
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 AND EXPENSES 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. 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
minimum distribution requirements.
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. If permitted by state law, the below withdrawal charge
schedule is reinstated during your first, renewal guarantee period, and the
contract anniversaries set out in the table below also refer to contract
anniversaries within the first, renewal guarantee period. 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 generally is equal to the
following, if the contract is issued (or the initial renewal guarantee period is
selected) by an owner who is 84 or younger at that time:
NUMBER OF CONTRACT ANNIVERSARIES SINCE
CONTRACT DATE (AND START OF FIRST
RENEWAL GUARANTEE PERIOD) WITHDRAWAL CHARGE
-------------------------------------- -----------------
0 7%
1 7%
2 7%
3 6%
4 5%
5 5%
6 4%
7 3%
8 2%
9 1%
10 0%
As specified in the contract, we reduce withdrawal charges (from what is
depicted above) if the owner is 85 or older. There is a separate withdrawal
charge schedule applicable to each of ages 85, 86, 87, 88, 89 and 90. With
certain exceptions, the withdrawal charge at any contract anniversary declines
by 1% from one age to the next successive age, at such older ages. Some or all
of the guarantee periods that we offer at any given time will be shorter than
the time periods indicated immediately above. As such, the length of the
guarantee period that you have selected, in and of itself, may prevent you from
taking advantage of the decreasing withdrawal charges depicted above. For
example, if you choose a three year guarantee period,
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CONTRACT? CONTINUED
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PART II
STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
you would not be able to take advantage of the lower withdrawal charges that
would have been available in subsequent contract years. 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. The
withdrawal charge applicable to contracts issued in certain states differs
slightly from what we describe above -- check your contract for complete
details.
WAIVER OF WITHDRAWAL CHARGE FOR CRITICAL CARE
We will allow you to withdraw money from the contract, and will waive any
withdrawal charge and market value adjustment, if the owner or joint owner (if
applicable) becomes confined to an eligible nursing home or hospital for a
period of at least three consecutive months after the contract was purchased.
You would need to provide us with proof of the confinement. If a physician has
certified that the owner or joint owner is terminally ill (has twelve months or
less to live) there will be no charge imposed for withdrawals nor any market
value adjustment. Critical Care Access is not available in all states.
TAXES ATTRIBUTABLE TO PREMIUM
There are federal, state and local 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.
Some of these taxes are due when the contract is issued, others are due when the
annuity payments begin. It is our current practice not to deduct a charge for
state premium taxes until annuity payments begin. In the states that impose a
premium tax, the current rates range up to 3.5%. It is also 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 in the future for any such tax associated
with deferred acquisition costs and any federal, state or local income, excise,
business or any other type of tax measured by the amount of premium received by
us.
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7:
HOW CAN I ACCESS
MY MONEY?
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You can take money out 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.
INCOME TAXES, TAX PENALTIES, AND CERTAIN RESTRICTIONS ALSO MAY APPLY TO ANY
WITHDRAWAL YOU MAKE. FOR A MORE COMPLETE EXPLANATION, SEE SECTION 8 OF THIS
PROSPECTUS.
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. Withdrawal
charges, and a market value adjustment, may apply to any automated withdrawal
you make.
INCOME TAXES, TAX PENALTIES, WITHDRAWAL CHARGES, AND A MARKET VALUE
ADJUSTMENT MAY APPLY TO AUTOMATED WITHDRAWALS. FOR A MORE COMPLETE DISCUSSION,
SEE SECTION 8 OF THIS PROSPECTUS.
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8:
WHAT ARE THE TAX CONSIDERATIONS ASSOCIATED WITH THE STRATEGIC PARTNERS
HORIZON ANNUITY CONTRACT?
--------------------------------------------------------------------------------
The tax considerations associated with the Strategic Partners Horizon Annuity
contract vary depending on whether the contract is (i) owned by an individual
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. It is not intended as tax
advice. A tax adviser should be consulted for complete information and advice.
CONTRACTS OWNED BY INDIVIDUALS (NOT ASSOCIATED WITH TAX FAVORED RETIREMENT
PLANS)
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.
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. You will
generally be taxed on any withdrawal from a 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 will be treated as a withdrawal. Also, if you elect the
interest payment option, you will be treated, for tax purposes, as surrendering
your contract.
If you transfer your contract for less than full consideration, such as by
gift, you will trigger tax on the 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.
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.
TAX PENALTY ON WITHDRAWALS AND ANNUITY PAYMENTS
Any taxable amount you receive under your contract may be subject to a 10
percent tax penalty. 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;
- the amount paid or received is in the form of level annuity payments not less
frequently than annually under a lifetime annuity; and
- the amount received is paid under an immediate annuity contract (in which
annuity payments begin within one year of purchase).
If you modify the lifetime annuity payment stream (other than as a result of
death or disability) before you reach age 59 1/2 (or before the end of the five
year period beginning with the first payment and ending after you reach age
59 1/2), your tax for the year of modification will be increased by the penalty
tax that
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STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
would have been imposed without the exception, plus interest for the deferral.
TAXES PAYABLE BY BENEFICIARIES
The death benefit is subject to income tax to the extent the distribution
exceeds the adjusted basis in the contract and the full value of the death
benefit is included in the owner's estate.
Generally, the same tax rules apply to amounts received by your beneficiary
as those set forth above with respect to you. The election of an annuity payment
option instead of a lump sum death benefit may defer taxes. Certain minimum
distribution requirements apply upon your death, as discussed further below.
REPORTING AND WITHHOLDING ON DISTRIBUTIONS
Taxable amounts distributed from your annuity contracts 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 3 exemptions unless you
designate a different withholding status. 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.
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.
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.
ANNUITY QUALIFICATION
REQUIRED DISTRIBUTIONS UPON YOUR DEATH -- Upon your death (or the death of a
joint owner, if earlier), certain distributions must be made under the contract.
The required distributions depend on whether you die on or 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 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. However, if an annuity
payment option is selected by your designated beneficiary and if annuity
payments begin within 1 year of your death, the value of the contract may be
distributed over the beneficiary's life or a period not exceeding the
beneficiary's life expectancy. 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 an annuity payment option based on life expectancy or a
period exceeding five years.
If any portion of the contract is payable to (or for the benefit of) your
surviving spouse, such portion of the contract may be continued with your spouse
as the owner.
CHANGES IN THE CONTRACT -- We reserve the right to make any changes we deem
necessary to assure that the contract qualifies as an annuity contract for tax
purposes. Any such changes will apply to all contractowners and you will be
given notice to the extent feasible under the circumstances.
ADDITIONAL TAX CONSIDERATIONS
For additional information about the requirements of federal tax law applicable
to tax favored plans, see the "IRA Disclosure Statement" on page 32.
CONTRACTS HELD BY TAX FAVORED PLANS
Currently, the contract may be purchased for use in connection with individual
retirement accounts and
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CONTRACT CONTINUED
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PART II
STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
annuities ("IRAs") which are subject to Sections 408(a), 408(b) and 408A of the
Internal Revenue Code of 1986, as amended (Code). At some future time we may
allow the contract to be purchased in connection with other retirement
arrangements which are also entitled to favorable federal income tax treatment
("tax favored plans"). These other tax favored plans include:
- Simplified employee pension plans ("SEPs") under Section 408(k) of the Code;
- Saving incentive match plans for employees-IRAs ("SIMPLE-IRAs") under Section
408(p) of the Code; and
- Tax-deferred annuities ("TDAs") under Section 403(b) of the Code.
This description assumes that (i) we will be offering this to both IRA and
non-IRA tax favored plans, and (ii) you have satisfied the requirements for
eligibility for these products.
YOU SHOULD BE AWARE THAT TAX FAVORED PLANS SUCH AS IRAS GENERALLY PROVIDE 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 DEFERRAL BENEFITS.
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 the contract. The "IRA Disclosure Statement" on page 32
contains 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, calculated as of the date we receive this
cancellation notice, if greater), as of the date that we receive this
cancellation notice) less any applicable federal and state income tax
withholding.
Contributions Limits/Rollovers: Because of the way the contract is designed,
you may only purchase a contract for an IRA in connection with a "rollover" of
amounts from a qualified retirement plan or transfer from another IRA or by
purchasing the contract during the three and one half month period (generally
January 1 to April 15) when you are permitted to make contributions for both the
prior and the current year. The minimum payment under the contract ($5,000) is
greater than the maximum amount of the annual contribution currently allowed by
law for an IRA. For 2003 and 2004, the IRA contribution limit is $3,000;
increasing for 2005 to 2007, to $4,000; and for 2008, $5,000. After 2008 the
contribution amount will be indexed for inflation. The tax law also provides for
a catch-up provision for individuals who are age 50 and above. These taxpayers
will be permitted to contribute an additional $500 in years 2003 to 2005 and an
additional $1,000 in 2006 and years thereafter). 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 the 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.
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, other than to Pruco Life;
- The annual premium you pay cannot be greater than the maximum amount allowed
by law,
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STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
including catch-up contributions if applicable (which does not include any
rollover amounts);
- The date on which annuity payments must begin cannot be later than the April
1st of the calendar year after the calendar year you turn age 70 1/2; and
- Death and annuity payments must meet "minimum distribution requirements"
(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. In addition to this normal tax liability, you may also be
liable for the following, depending on your actions:
- A 10% "early distribution penalty" (described below);
- Liability for "prohibited transactions" if you, for example, borrow against
the value of an IRA; or
- Failure to take a minimum distribution (also generally 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)
$40,000 in 2003 or (b) 25% of the employee's earned income (not including the
employer contribution amount as "earned income" for these purposes). However,
for these purposes, compensation in excess of certain limits established by
the IRS will not be considered. In 2003, this limit is $200,000.
- SEPs must satisfy certain participation and nondiscrimination requirements
not generally applicable to IRAs; and
- Some SEPs for small employers permit salary deferrals up to $12,000 in 2003
with the employer making these contributions to the SEP. However, no new
"salary reduction" or "SAR-SEPs" 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 $2,000 in 2003, increasing in $1,000
increments per year until reaching $5,000 in 2006. Thereafter the amount is
indexed for inflation.
You will also be provided the same information, and have the same "free look"
period, as you would have if you were purchasing the contract for a standard
IRA.
SIMPLE-IRAs SIMPLE-IRAs are another variation on the standard IRA, available
to small employers (under 100 employees, on a "controlled group" basis) that do
not offer other tax favored plans. SIMPLE-IRAs are also subject to the same
basic IRA requirements with the following exceptions:
- Participants in a SIMPLE-IRA may contribute up to $8,000 in 2003, as opposed
to the usual IRA contribution limit, and employer contributions may also be
provided as a match (up to 3% of your compensation);
- Individuals age 50 or above by the end of the year will be permitted to
contribute an additional $1,000 in 2003, increasing in $500 increments per
year until reaching $2,500 in 2006. Thereafter the amount is indexed for
inflation; and
- SIMPLE-IRAs are not subject to the SEP nondiscrimination rules.
ROTH IRAs Like standard IRAs, income within a Roth IRA accumulates
tax-deferred, 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" (generally, held for 5 tax years and payable on
account of death, disability, attainment of age 59 1/2, or first
time-homebuyer) from Roth IRAs are excludable from your gross income; and
- If eligible, 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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The annual contribution allowed by law for Roth IRAs increases in the same
manner as the increases for traditional IRAs as described on page 20). The Code
permits persons who meet certain income limitations (generally, adjusted gross
income under $100,000), and 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. This conversion triggers current taxation (but is not subject to a
10% early distribution penalty). Once the contract has been purchased, regular
Roth IRA contributions will be accepted to the extent permitted by law.
TDAs You may own TDAs generally if you are either an employer or employee of
a tax-exempt organization (as defined under Code Section 501(c)(3)) or a public
educational organization. You may make contributions to a TDA so long as the
employee's 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 $12,000 in 2003. Individuals participating in a TDA who are age 50 or
above by the end of the year will be permitted to contribute an additional
$2,000 in 2003, increasing in $1,000 increments per year until reaching $5,000
in 2006. Thereafter the amount is indexed for inflation. Further, you may roll
over TDA amounts to another TDA or an IRA. TDA amounts may also be rolled over
to a qualified retirement plan, a SEP and a 457 government plan.
A contract may only qualify as a TDA if distributions (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
and any 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 TDA or to a 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.
MINIMUM DISTRIBUTION REQUIREMENTS AND PAYMENT OPTION
If you hold the contract under an IRA (or other tax-favored plan), IRS minimum
distribution requirements must be satisfied. This means that 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. 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, permitted under IRS regulations released in April 2002. More
information on the mechanics of this calculation is available on request. Please
contact us a reasonable time before the IRS deadline so that a timely
distribution is made. Please note that there is a 50% IRS penalty tax on the
amount of any minimum distribution not made in a timely manner.
You can use the Minimum Distribution option to satisfy the IRS minimum
distribution requirements for this contract without either beginning annuity
payments or surrendering the contract. We will send you a check for this minimum
distribution amount, less any other partial withdrawals that you made during the
year.
PENALTY FOR EARLY WITHDRAWALS
You may owe a 10% tax penalty on the taxable part of distributions received from
an IRA, SEP, SIMPLE-IRA (which may increase to 25%), Roth IRA, TDA or qualified
retirement plan before you attain age 59 1/2. There are only limited exceptions
to this tax, and you should consult your tax adviser for further details.
22
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PART II
STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
WITHHOLDING
Unless a distribution is an eligible rollover distribution that is "directly"
rolled over into another qualified plan, IRA (including the IRA variations
described above) SEP, 457 government plan, or TDA, we will withhold at the rate
of 20%. This 20% withholding does not apply to distributions from IRAs and Roth
IRAs. 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;
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.
ERISA DISCLOSURE/REQUIREMENTS
ERISA (the "Employee Retirement Income Security Act of 1974") and the Code
prevents 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 under "What Are the Expenses Associated with the
Strategic Partners Horizon Contract" starting on page 15.
Information about sales representatives and commissions may be found under
"Other Information" and "Sale and Distribution of the Contract" on page 25.
In addition, other relevant information required by the exemptions is
contained in the contract and accompanying documentation. Please consult your
tax advisor if you have any additional questions.
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, Money Purchase Pension Plans, and ERISA 403(b)
Annuities. 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 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
23
8:
TAX CONSIDERATIONS ASSOCIATED WITH THE STRATEGIC PARTNERS HORIZON ANNUITY
CONTRACT CONTINUED
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PART II
STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
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). 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 is not required. Upon your death, any death benefit will be paid to
your designated beneficiary.
ADDITIONAL INFORMATION
For additional information about the requirements of federal tax law applicable
to tax favored plans, see the "IRA Disclosure Statement" on page 33. The
following additional tax considerations also may be of interest.
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 will be subject to tax.
PURCHASE PAYMENTS MADE BEFORE AUGUST 14, 1982.
If your contract was issued in exchange for a contract containing purchase
payments made before August 14, 1982, favorable tax rules may apply to certain
withdrawals from the contract. Generally, withdrawals are treated as a recovery
of your investment in the contract first until purchase payments made before
August 14, 1982 are withdrawn. Moreover, any income allocable to purchase
payments made before August 14, 1982, is not subject to the 10% tax penalty.
GENERATION-SKIPPING TRANSFERS.
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.
24
PART II
STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
9:
OTHER
INFORMATION
--------------------------------------------------------------------------------
PRUCO LIFE INSURANCE COMPANY
Pruco Life Insurance Company ("Pruco Life") is a stock life insurance company,
organized in 1971 under the laws of the State of Arizona. It is licensed to sell
life insurance and annuities in the District of Columbia, Guam, and in all
states except New York. Pruco Life's primary competitors are other insurers that
sell fixed and variable insurance products. Pruco Life currently has no
employees.
Pruco Life is a wholly-owned subsidiary of The Prudential Insurance Company
of America ("Prudential"), a New Jersey stock life insurance company that has
been doing business since 1875. Prudential is an indirect wholly-owned
subsidiary of Prudential Financial, Inc. ("Prudential Financial"), a New Jersey
insurance holding company. As Pruco Life's ultimate parent, Prudential Financial
exercises significant influence over the operations and capital structure of
Pruco Life and Prudential. However, neither Prudential Financial, Prudential,
nor any other related company has any legal responsibility to pay amounts that
Pruco Life may owe under the contract.
Pruco Life publishes annual and quarterly reports that are filed with the
SEC. These reports contain financial information about Pruco Life that is
annually audited by independent accountants. Pruco's Life annual report for the
year ended December 31, 2002, together with subsequent periodic reports that
Pruco Life files with the SEC, are incorporated by reference into this
prospectus. You can obtain copies, at no cost, of any and all of this
information, including the Pruco Life annual report that is not ordinarily
mailed to contractholders, the more current reports and any subsequently filed
documents at no cost by contacting us at the address or telephone number listed
on the cover. The SEC file number for Pruco Life is 33-37587. You may read and
copy any filings made by Pruco Life with the SEC at the SEC's Public Reference
Room at 450 Fifth Street, Washington, D.C. 20549-0102. You can obtain
information on the operation of the Public Reference Room by calling (202)
942-8090. The SEC maintains an Internet site that contains reports, proxy and
information statements, and other information regarding issuers that file
electronically with the SEC at http://www.sec.gov.
SALE AND DISTRIBUTION OF THE CONTRACT
Prudential Investment Management Services LLC ("PIMS"), 100 Mulberry Street,
Newark, New Jersey 07102-4077, acts as the distributor of the contracts under a
"best efforts" underwriting agreement with Pruco Life under which PIMS is
reimbursed for its costs and expenses. PIMS is an indirect wholly-owned
subsidiary of Prudential Financial, Inc. and is a limited liability corporation
organized under Delaware law in 1996. It is a registered broker-dealer under the
Securities Exchange Act of 1934 and a member of the National Association of
Securities Dealers, Inc. We pay the broker-dealer whose registered
representatives sell the contract either:
- a commission of up to 5.0% of your purchase payments; or
- a combination of a commission on purchase payments and a "trail"
commission -- which is a commission determined as a percentage of your
contract value that is paid periodically over the life of your contract.
The commission amount quoted above is the maximum amount which is paid. In
most circumstances, the registered representative who sold the contract will
receive significantly less. The broker-dealer who sells a contract to you will
deliver or make available to you a copy of the prospectus for the Strategic
Partners Horizon Annuity.
From time to time, Prudential or its affiliates may offer and pay non-cash
compensation to registered representatives who sell the contract. For example,
Prudential or an affiliate may pay for a training and education meeting that is
attended by registered representatives of both Prudential-affiliated broker-
dealers and independent broker-dealers. Prudential and its affiliates retain
discretion as to which broker-dealers to offer non-cash (and cash) compensation
arrangements, and will comply with NASD rules and other pertinent laws in making
such offers and payments. Our payment of cash or non-cash
25
9:
OTHER INFORMATION CONTINUED
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PART II
STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
compensation in connection with sales of the contract does not result directly
in any additional charge to you.
ASSIGNMENT
You can assign the contract at any time during your lifetime. We will not be
bound by the assignment until we receive written notice. We will not be liable
for any payment or other action we take in accordance with the contract if that
action occurs before we receive notice of the assignment. An assignment, like
any other change in ownership, may trigger a taxable event.
If the contract is issued under a qualified plan, there may be limitations on
your ability to assign the contract. For further information please speak to
your financial professional.
HOUSEHOLDING
To reduce costs, we now send only a single copy of prospectuses and shareholder
reports to each consenting household, in lieu of sending a copy to each
contractholder that resides in the household. If you are a member of such a
household, you should be aware that you can revoke your consent to householding
at any time, and begin to receive your own copy of prospectuses and shareholder
reports, by calling 1-877-778-5008.
LITIGATION
We are subject to legal and regulatory actions in the ordinary course of our
business, including class action lawsuits. Pending legal and regulatory actions
include proceedings that are specific to us and proceedings generally applicable
to the businesses in which we operate. We are also subject to litigation arising
out of our general business activities, such as our investments and third party
contracts. In certain of these matters, the plaintiffs are seeking large and/or
indeterminate amounts, including punitive or exemplary damages.
We have been subject to substantial regulatory actions and civil litigation,
including class actions, involving individual life insurance sales practices
from 1982 through 1995. As of January 31, 2003, Pruco Life has resolved those
regulatory actions, its sales practices class action litigation and all of the
individual sales practices actions filed by policyholders who "opted out" of the
sales practices class action. Prudential has indemnified Pruco Life for any
liabilities incurred in connection with sales practices litigation covering
policyholders of individual permanent life insurance policies issued in the
United States from 1982 to 1995.
Pruco Life's litigation is subject to many uncertainties, and given the
complexity and scope, the outcomes cannot be predicted. It is possible that the
results of operations or the cash flow of Pruco Life in a particular quarterly
or annual period could be materially affected by an ultimate unfavorable
resolution of pending litigation and regulatory matters. Management believes,
however, that the ultimate outcome of all pending litigation and regulatory
matters should not have a material adverse effect on Pruco Life's financial
position.
INDEMNIFICATION
Pruco Life, 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, or who is or was serving at the request of Pruco Life 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.
Arizona, being the state of organization of Pruco Life, permits entities
organized under its jurisdiction to indemnify directors and officers with
certain limitations. The relevant provisions of Arizona law permitting
indemnification can be found in Section 10-850 et. seq. of the Arizona Statutes
Annotated. The text of Pruco Life's By-law, Article VIII, which relates to
indemnification of officers and directors, is incorporated by reference to
Exhibit 3(ii) to its form 10-Q filed August 15, 1997.
Insofar as indemnification for liabilities arising under the Securities Act
of 1933 may be permitted to directors, officers and controlling persons of Pruco
Life pursuant to the foregoing provisions or otherwise, Pruco Life has been
advised that in the opinion of the
26
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PART II
STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
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 expenses incurred or paid by a director, officer or controlling
person of Pruco Life 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 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.
27
PART II
STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
MARKET-VALUE
ADJUSTMENT FORMULA
--------------------------------------------------------------------------------
MARKET-VALUE ADJUSTMENT FORMULA
With respect to residents of states, other than Indiana and Pennsylvania, in
which Strategic Partners Horizon Annuity is being offered.
The formula under which Pruco Life 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:
MVA = (((1 + I)/(1 + J + .0025)) to the power of (N/12)) -1
where: I = the guaranteed credited interest rate
(annual effective) for the given
contract at the time of withdrawal or
annuitization or settlement.
J = the current credited interest rate
offered on new money at the time of
withdrawal or annuitization or
settlement for a guarantee period of
equal length to the number of whole
years remaining in the Contract's
current guarantee period plus one
year.
N = equals the remaining number of months
in the contract's current guarantee
period (rounded up) at the time of
withdrawal or annuitization or
settlement.
For contracts issued in Indiana, we use the same formula as is set forth above,
except that the .0025 component of the formula is eliminated. We use the same
MVA formula with respect to contracts issued in Pennsylvania, except that "J" in
the formula above uses an interpolated rate 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 days remaining in year "n" of the
current guarantee period.
MARKET VALUE ADJUSTMENT EXAMPLE
(ALL STATES EXCEPT INDIANA AND PENNSYLVANIA)
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, 2000 and received a guaranteed interest rate of 6% for 5 years. A request
to surrender the contract is made on May 1, 2002. 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, 2002 the interest rate declared by Pruco Life 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.
N = 38
I = 6% (0.06)
J = 5% (0.05)
The MVA factor calculation would be:
([(1.06)/(1.05 + .0025)] to the power of (38/12)) -1 = 0.02274
28
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PART II
STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
4) Multiply the amount subject to a Market Value Adjustment by the factor
calculated in Step 3.
$10,527.11 X 0.02274 = $239.39
5) Add together the Market Value Adjustment and the amount subject to the MVA.
$10,527.11 + $239.39 = $10,766.50
6) Add back the Charge Free Amount to get the total Contract Surrender Value.
$10,766.50 + $600.00 = $11,366.50
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, 2000 and received a guaranteed interest rate of 6% for 5 years. A request
to surrender the contract is made on May 1, 2002. 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, 2002 the interest rate declared by Pruco Life for a guarantee
period of 4 years (the number of whole years remaining plus 1) is 7%.
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.
N = 38
I = 6% (0.06)
J = 7% (0.07)
The MVA factor calculation would be:
([(1.06)/(1.07+.0025)] to the power of(38/12)) -1 = -0.03644
4) Multiply the amount subject to a Market Value Adjustment by the factor
calculated in Step 3.
$10,527.11 X -0.03644 = -$383.61
5) Add together the Market Value Adjustment and the amount subject to the MVA.
$10,527.11 - $383.61 = $10,143.50
6) Add back the Charge Free Amount to get the total Contract Surrender Value.
$10,143.50 + $600.00 = $10,743.50
MARKET VALUE ADJUSTMENT EXAMPLE
(INDIANA)
The following will illustrate the application of the Market-Value Adjustment.
For simplicity, surrender charges are ignored in this example.
Positive market value adjustment
- Suppose a contract owner made an invested purchase payment of $10,000 on July
1, 2000 and received a guaranteed interest rate of 6% for 5 years. A request
to surrender the contract is made on May 1, 2002. At the time, the Contract
Value will have accumulated to $11,127.11. The number of whole years
remaining in the guarantee period is 3.
- On May 1, 2002 the interest rate declared by Pruco Life 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.
N = 38
I = 6% (0.06)
J = 5% (0.05)
The MVA factor calculation would be:
([(1.06)/(1.05)](to the power of (38/12)) -1 = 0.03047
29
MARKET-VALUE ADJUSTMENT FORMULA CONTINUED
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PART II
STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
4) Multiply the amount subject to a Market Value Adjustment by the factor
calculated in Step 3.
$10,527.11 X 0.03047 = $320.76
5) Add together the Market Value Adjustment and the amount subject to the MVA.
$10,527.11 + $320.76 = $10,847.87
6) Add back the Charge Free Amount to get the total Contract Surrender Value.
$10,847.87 + $600.00 = $11,447.87
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, 2000 and received a guaranteed interest rate of 6% for 5 years. A request
to surrender the contract is made on May 1, 2002. At the time, the Contract
Value will have accumulated to $11,127.11. The number of whole years
remaining in the guarantee period is 3.
- On May 1, 2002 the interest rate declared by Pruco Life for a guarantee
period of 4 years (the number of whole years remaining plus 1) is 7%.
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 (MVA).
2) Subtract the Charge Free Amount from the Contract Value. The result is the
amount subject to a Market Value Adjustment.
$11,127.11 - $600.00 = $10,527.11
3) Determine the Market Value Adjustment factor.
N = 38
I = 6% (0.06)
J = 7% (0.07)
The MVA factor calculation would be:
([(1.06)/(1.07)] to the power of (38/12)) -1 = -0.02930
4) Multiply the amount subject to a Market Value Adjustment by the factor
calculated in Step 3.
$10,527.11 X -0.02930 = -$308.44
5) Add together the Market Value Adjustment and the amount subject to the MVA.
$10,527.11 - $308.44 = $10,218.67
6) Add back the Charge Free Amount to get the total Contract Surrender Value.
$10,218.67 + $600.00 = $10,818.67
(PENNSYLVANIA)
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, 2000 and received a guaranteed interest rate of 6% for 5 years. A request
to surrender the contract is made on May 1, 2002. 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, 2002 the interest rate declared by Pruco Life 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.
N = 38
I = 6% (0.06)
J = [(61/365) X 0.05] + [((365-61)/365) X 0.04] =
0.0417
The MVA factor calculation would be:
([(1.06)/(1.0417 + .0025)] to the power of (38/12)) -1 = .04871
30
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PART II
STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
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, 2000 and received a guaranteed interest rate of 6% for 5 years. A request
to surrender the contract is made on May 1, 2002. 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, 2002 the interest rate declared by Pruco Life 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.
N = 38
I = 6% (0.06)
J = [(61/365) X 0.08] + [((365 - 61)/365) X 0.07] =
0.0717
The MVA Factor calculation would be:
([(1.06)/(1.0717 + .0025)] to the power of (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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PART II
STRATEGIC PARTNERS HORIZON ANNUITY PROSPECTUS SECTIONS 1-9
IRA DISCLOSURE STATEMENT
--------------------------------------------------------------------------------
This statement is designed to help you understand the requirements of federal
tax law which apply to your individual retirement annuity (IRA), your Roth IRA,
your simplified employee pension IRA (SEP) for employer contributions, your
Savings Incentive Match Plan for Employees (SIMPLE) IRA, or to one you purchase
for your spouse. You can obtain more information regarding your IRA either from
your sales representative or from any district office of the Internal Revenue
Service. Those are federal tax law rules; state tax laws may vary.
FREE LOOK PERIOD
The annuity contract offered by this prospectus gives you the opportunity to
return the contract for a refund (less any applicable federal and state income
tax withholding) within 10 days (or whatever period is required by applicable
state law) after it is delivered. The amount of the refund is dictated by state
law. This is a more liberal provision than is required in connection with IRAs.
To exercise this "free-look" provision, return the contract 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.
ELIGIBILITY REQUIREMENTS
IRAs are intended for all persons with earned compensation whether or not they
are covered under other retirement programs. Additionally, if you have a
non-working spouse (and you file a joint tax return), you may establish an IRA
on behalf of your non-working spouse. A working spouse may establish his or her
own IRA. A divorced spouse receiving taxable alimony (and no other income) may
also establish an IRA.
CONTRIBUTIONS AND DEDUCTIONS
Contributions to your IRA will be deductible if you are not an "active
participant" in an employer maintained qualified retirement plan or you have
"Adjusted Gross Income" (as defined under Federal tax laws) which does not
exceed the "applicable dollar limit." IRA (or SEP) contributions must be made by
no later than the due date for filing your income tax return for that year,
excluding extensions (generally by April 15th). For a single taxpayer, the
applicable dollar limitation is $40,000 in 2003, with the amount of IRA
contribution which may be deducted reduced proportionately for Adjusted Gross
Income between $40,000-$50,000. For married couples filing joint returns, the
applicable dollar limitation is $60,000, with the amount of the IRA contribution
which may be deducted reduced proportionately between $60,000-$70,000. There is
no deduction allowed for IRA contributions when Adjusted Gross Income reaches
$50,000 for individuals and $70,000 for married couples filing jointly. Income
limits are scheduled to increase until 2006 for single taxpayers and 2007 for
married taxpayers.
Contributions made by your employer to your SEP are excludable from your
gross income for tax purposes in the calendar year for which the amount is
contributed. Certain employees who participate in a SEP will be entitled to
elect to have their employer make contributions to their SEP on their behalf or
to receive the contributions in cash. If the employee elects to have
contributions made on the employee's behalf to the SEP, those funds are not
treated as current taxable income to the employee. Elective deferrals under a
SEP are limited to $12,000 in 2003 with a permitted catch-up contribution of
$2,000 for individuals age 50 and above. Contribution and catch-up contribution
limits are scheduled to increase through 2006 and are indexed for inflation
thereafter. Salary-reduction SEPs (also called "SARSEPs") are available only if
at least 50% of the employees elect to have amounts contributed to the SARSEP
and if the employer has 25 or fewer employees at all times during the preceding
year. New SARSEPs may not be established after 1996.
The IRA maximum annual contribution and your tax deduction is limited to the
lesser of: (1) the maximum amount allowed by law, including catch-up
contributions if applicable, or (2) 100% of your earned compensation.
Contributions in excess of these limits may be subject to penalty. See below.
Under a SEP agreement, the maximum annual contribution which your employer
may make on your behalf to a SEP contract that is excludable from your income is
the lesser of 25% of your salary or $40,000 in
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2003. An employee who is a participant in a SEP agreement may make after-tax
contributions to the SEP contract, subject to the contribution limits applicable
to IRAs in general. Those employee contributions will be deductible subject to
the deductibility rules described above.
The maximum tax deductible annual contribution that a divorced spouse with no
other income may make to an IRA is the lesser of (1) the maximum amount allowed
by law, including catch-up contributions if applicable or (2) 100% of taxable
alimony.
If you or your employer should contribute more than the maximum contribution
amount to your IRA or SEP, the excess amount will be considered an "excess
contribution." You are permitted to withdraw an excess contribution from your
IRA or SEP before your tax filing date without adverse tax consequences. If,
however, you fail to withdraw any such excess contribution before your tax
filing date, a 6% excise tax will be imposed on the excess for the tax year of
contribution.
Once the 6% excise tax has been imposed, an additional 6% penalty for the
following tax year can be avoided if the excess is (1) withdrawn before the end
of the following year, or (2) treated as a current contribution for the
following year. (See PREMATURE DISTRIBUTIONS on page 34 for penalties imposed on
withdrawal when the contribution exceeds the maximum amount allowed by law,
including catch-up contributions if applicable.)
IRA FOR NON-WORKING SPOUSE
If you establish an IRA for yourself, you may also be eligible to establish an
IRA for your "non-working" spouse. In order to be eligible to establish such a
spousal IRA, you must file a joint tax return with your spouse and, if your
non-working spouse has compensation, his/her compensation must be less than your
compensation for the year. Contributions of up to the maximum amount allowed by
law, including catch-up contributions if applicable may be made to your IRA and
the spousal IRA if the combined compensation of you and your spouse is at least
equal to the amount contributed. If requirements for deductibility (including
income levels) are met, you will be able to deduct an amount equal to the least
of (i) the amount contributed to the IRAs; (ii) twice the maximum amount allowed
by law, including catch-up contributions if applicable; or (iii) 100% of your
combined gross income.
Contributions in excess of the contribution limits may be subject to penalty.
See above under "Contributions and Deductions." If you contribute more than the
allowable amount, the excess portion will be considered an excess contribution.
The rules for correcting it are the same as discussed above for regular IRAs.
Other than the items mentioned in this section, all of the requirements
generally applicable to IRAs are also applicable to IRAs established for
non-working spouses.
ROLLOVER CONTRIBUTION
Once every year, you are permitted to withdraw any portion of the value of your
IRA or SEP and reinvest it in another IRA or bond. Withdrawals may also be made
from other IRAs and contributed to this contract. This transfer of funds from
one IRA to another is called a "rollover" IRA. To qualify as a rollover
contribution, the entire portion of the withdrawal must be reinvested in another
IRA within 60 days after the date it is received. You will not be allowed a
tax-deduction for the amount of any rollover contribution.
A similar type of rollover to an IRA can be made with the proceeds of a
qualified distribution from a qualified retirement plan or tax-sheltered
annuity. Properly made, such a distribution will not be taxable until you
receive payments from the IRA created with it. You may later roll over such a
contribution to another qualified retirement plan. As long as you have not mixed
it with IRA (or SEP) contributions, you can retain favorable tax treatment
permitted you on distributions from a qualified retirement plan, if you later
rollover to a qualified retirement plan. (You may roll less than all of a
qualified distribution into an IRA, but any part of it not rolled over will be
currently includable in your income without any capital gains treatment.) Funds
can also be rolled over from an IRA or SEP to another IRA or SEP or
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to another qualified retirement plan or 457 government plan.
DISTRIBUTIONS
(A) PREMATURE DISTRIBUTIONS
At no time can your interest in your IRA or SEP be forfeited. To insure that
your contributions will be used for retirement, the federal tax law does not
permit you to use your IRA or SEP as security for a loan. Furthermore, as a
general rule, you may not sell or assign your interest in your IRA or SEP to
anyone. Use of an IRA (or SEP) as security or assignment of it to another will
invalidate the entire annuity. It then will be includable in your income in the
year it is invalidated and will be subject to a 10% tax penalty if you are not
at least age 59 1/2 or totally disabled. (You may, however, assign your IRA or
SEP without penalty to your former spouse in accordance with the terms of a
divorce decree.)
You may surrender any portion of the value of your IRA (or SEP). In the case
of a partial surrender which does not qualify as a rollover, the amount
withdrawn will be includable in your income and subject to the 10% penalty if
you are not at least age 59 1/2 or totally disabled unless you comply with
special rules requiring distributions to be made at least annually over your
life expectancy.
The 10% penalty tax does not apply to the withdrawal of an excess
contribution as long as the excess is withdrawn before the due date of your tax
return. Withdrawals of excess contributions after the due date of your tax
return will generally be subject to the 10% penalty unless the excess
contribution results from erroneous information from a plan trustee making an
excess rollover contribution or unless you are over age 59 1/2 or are disabled.
(B) DISTRIBUTION AFTER AGE 59 1/2
Once you have attained age 59 1/2 (or have become totally disabled), you may
elect to receive a distribution of your IRA (or SEP) regardless of when you
actually retire. In addition, you must commence distributions from your IRA by
April 1 following the year you attain age 70 1/2. You may elect to receive the
distribution under any one of the periodic payment options available under the
contract. The distributions from your IRA under any one of the periodic payment
options, or in one sum, will be treated as ordinary income as you receive them,
to the degree that you have made deductible contributions. If you have made both
deductible and nondeductible contributions, the portion of the distribution
attributable to the nondeductible contribution will be tax-free.
(C) INADEQUATE DISTRIBUTIONS--50% TAX
Your IRA or SEP is intended to provide retirement benefits over your lifetime.
Thus, federal tax law requires that you either (1) receive a lump-sum
distribution of your IRA by April 1 of the year following the year in which you
attain age 70 1/2 or (2) start to receive periodic payments by that date. If you
elect to receive periodic payments, those payments must be sufficient to pay out
the entire value of your IRA during your life expectancy (or over the joint life
expectancies of you and your spouse/beneficiary.) The calculation method is
revised under the IRS regulations issued in April 2002 for distributions
beginning in 2003. If the payments are not sufficient to meet these
requirements, an excise tax of 50% will be imposed on the amount of any
underpayment.
(D) DEATH BENEFITS
If you, (or your surviving spouse) die before receiving the entire value of your
IRA (or SEP), the remaining interest must be distributed to your beneficiary (or
your surviving spouse's beneficiary) in one lump-sum by December 31st of the
fifth year after your (or your surviving spouse's) death, or applied to purchase
an immediate annuity for the beneficiary. This annuity must be payable over the
life expectancy of the beneficiary beginning by December 31 of the year
following the year after your or your spouse's death. If your spouse is the
designated beneficiary, he or she is treated as the owner of the IRA. If minimum
required distributions have begun and no designated beneficiary is identified by
September 30 of the year following the year of death, the entire amount must be
distributed
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based on the life expectancy of the owner using the owner's age prior to death.
A distribution of the balance of your IRA upon your death will not be considered
a gift for federal tax purposes, but will be included in your gross estate for
purposes of federal estate taxes.
ROTH IRAS
Section 408A of the Code permits eligible individuals to contribute to a type of
IRA known as a "Roth IRA." Contributions may be made to a Roth IRA by taxpayers
with adjusted gross incomes of less than $160,000 for married individuals filing
jointly and less than $110,000 for single individuals. Married individuals
filing separately are not eligible to contribute to a Roth IRA. The maximum
amount of contributions allowable for any taxable year to all Roth IRAs
maintained by an individual is generally the lesser of the maximum amount
allowed by law and 100% of compensation for that year (the maximum amount
allowed by law is phased out for incomes between $150,000 and $160,000 for
married and between $95,000 and $110,000 for singles). The contribution limit is
reduced by the amount of any contributions made to a non-Roth IRA. Contributions
to a Roth IRA are not deductible.
For taxpayers with adjusted gross income of $100,000 or less, all or part of
amounts in a non-Roth IRA may be converted, transferred or rolled over to a Roth
IRA. Some or all of the IRA value will typically be includable in the taxpayer's
gross income. Provided a rollover contribution meets the requirements of IRAs
under Section 408(d)(3) of the Code, a rollover may be made from a Roth IRA to
another Roth IRA.
UNDER SOME CIRCUMSTANCES, IT MAY NOT BE ADVISABLE TO ROLL OVER, TRANSFER OR
CONVERT ALL OR PART OF A NON-ROTH IRA TO A ROTH IRA. PERSONS CONSIDERING A
ROLLOVER, TRANSFER OR CONVERSION SHOULD CONSULT THEIR OWN TAX ADVISOR.
"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 non-Roth 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 taxed
generally in the same manner as distributions from a non-Roth IRA.
Distributions from a Roth IRA need not commence at age 70 1/2. However, if
the owner dies before the entire interest in a Roth IRA is distributed, any
remaining interest in the contract must be distributed under the same rules
applied to traditional IRAs where death occurs before the required beginning
date.
REPORTING TO THE IRS
Whenever you are liable for one of the penalty taxes discussed above (6% for
excess contributions, 10% for premature distributions or 50% for underpayments),
you must file Form 5329 with the Internal Revenue Service. The form is to be
attached to your federal income tax return for the tax year in which the penalty
applies. Normal contributions and distributions must be shown on your income tax
return for the year to which they relate. Beginning in January 2004, if you were
at least 70 1/2 at the end of the prior year, we will indicate to you and to the
IRS, on Form 5498, that your account is subject to minimum required
distributions.
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