497
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aimcigna497final.txt
AIM/CIGNA 497
Statement of Additional Information
For the
AIM/CIGNA Heritage Variable Annuity
Issued through
CG Variable Annuity Separate Account
Offered by
Connecticut General Life Insurance Company
Mailing Address:
Customer Service Center
P.O. Box 80469
Lincoln, NE 68501-0469
Telephone: 800-776-6978
Fax: 847-402-9543
For New York Customers Only
Customer Service Center
P.O. Box 82656
Lincoln, NE 68501-2656
Telephone: 800-692-4682
Fax: 847-402-9543
This Statement of Additional Information ("Statement") supplements the
information in the current Prospectus for the Variable Annuity Contracts (the
"Contracts") offered by Connecticut General Life Insurance Company ("CG Life" or
the "Company") through CG Variable Annuity Separate Account. You may obtain a
copy of the Prospectus dated April 30, 2005, by calling or writing to Customer
Service Center at the mailing address shown above. Terms used in this Statement
have the same meaning as in the Prospectus for the Contracts.
This Statement is not a prospectus. It should be read only in conjunction with
the Prospectus for the Contracts and CG Variable Annuity Separate Account.
Except as otherwise noted, this Statement uses the same defined terms as the
Prospectus.
Dated April 30, 2005
Table of Contents
The Contracts -- General Provisions
The Contracts
Loans
Non-Participating Contracts
Misstatement of Age
Assignment
Evidence of Survival
Endorsement of Annuity Payments
Investment Experience
Variable Accumulation Unit Value and Variable Accumulation Value
Net Investment Factor
Sample Calculations and Tables
Variable Account Calculations
Fixed Account Calculation-Withdrawal Charge and Market Value Adjustment
Tables
Sample Calculations for Male Age 35 at Issue
State Regulation of CG Life
Administration
Distribution of the Contracts
Custody of Assets
Historical Performance Data
Money Market Variable Sub-account Yield
Other Variable Sub-account Yields
Standard Variable Sub-account Total Returns
Non-Standard Variable Sub-account Total Returns
Adjusted Historic Portfolio Performance
Legal Matters
Legal Proceedings
Experts
Financial Statements
In order to supplement the description in the Prospectus, the following provides
additional information about CG Life and the Contracts which may be of interest
to you, the Contract Owner.
The Contracts -- General Provisions
The Contracts
A Contract, attached riders, amendments, the application, and any applications
for additional amounts, form the entire contract. Only the President, a Vice
President, an Assistant Vice President, a Secretary, a Director, or an Assistant
Director of the Company may change or waive any provision in a Contract. Any
changes or waivers must be in writing.
We may change or amend the Contracts, if such change or amendment is necessary
for the Contracts to comply with or take advantage of any state or Federal law,
rule or regulation.
Loans
The Contracts do not permit loans.
Non-Participating Contracts
The Contracts do not participate or share in our profits or surplus earnings.
Misstatement of Age
If the age of the Annuitant is misstated, then we will adjust the amounts
payable by us to those amounts that the Premium Payments would have purchased
for the correct age. We will make these adjustments according to our effective
rates on the Date of Issue. If we overcharge, then we will charge our next
payments succeeding the adjustment, with interest at the rate of 6% per year,
compounded annually. We will pay any underpayment in a lump sum.
Assignment
During the lifetime of the Annuitant, you, the Owner, may assign any rights
under a Contract as security for a loan or other reasons. This does not change
the ownership of a Contract, but your rights and the rights of any Beneficiary
are subject to the terms of the assignments. An assignment will not bind us
until the original assignment or a certified copy has been filed at the Customer
Service Center. We are not responsible for the validity of the assignment. An
assignment may have adverse income tax consequences. You may not assign rights
under
Qualified Contracts. You should consult your legal or tax counsel before
assigning any rights under a Contract.
Evidence of Survival
We reserve the right to require evidence of the survival of any Payee at the
time any payment to that Payee is due under the following Annuity Options: Life
Annuity (fixed); Life Annuity with Certain Period (fixed); Cash Refund Life
Annuity (fixed); Variable Life Annuity; Variable Life Annuity with Certain
Period.
Endorsement of Annuity Payments
Allstate Life Insurance Company and Allstate Life Insurance Company of New York
("Allstate"), the administrator of the Contract, will send each annuity payment
by check. The Payee must personally endorse each check. We may require proof of
the Annuitant's survival.
Investment Experience
On any Valuation Date, the Variable Account value is equal to the totals of the
values allocated to the Contract in each Variable Sub-Account. The portion of
your Annuity Account Value held in any Variable Sub-Account equals the number of
sub-account units allocated to a Contract multiplied by the Sub-Account
accumulation unit value as described below.
Variable Accumulation Unit Value and Variable Accumulation Value
When we receive a Premium Payment we will credit that portion of the Premium
Payment to be allocated to the Variable Sub-Accounts to the Variable Account in
the form of Variable Accumulation Units. We determine how many Variable
Accumulation Units to credit by dividing the dollar amount allocated to a
particular Sub-Account by the Variable Accumulation Unit Value for that
particular Sub-Account during the Valuation Period that we receive the Premium
Payment. For the initial Premium Payment, we use the Valuation Period during
which we accept the Premium Payment.
The Variable Accumulation Unit Value for each Variable Sub-Account was
established at $10.00 for the first Valuation Period of the particular Variable
Sub-Account. We determine the Variable Accumulation Unit Value for the
particular variable Sub-Account for any subsequent Valuation Period by
multiplying the Variable Accumulation Unit Value for the particular Variable
Sub-Account for the immediately preceding Valuation Period by the Net Investment
Factor for the particular Variable Sub-Account for such subsequent Valuation
Period. The Variable Accumulation Unit Value for each Variable Sub-Aaccount for
any Valuation Period is the value determined as of the end of the particular
Valuation Period and may increase, decrease, or remain constant from Valuation
Period to Valuation Period.
The variable accumulation value of the Annuity Account, if any, for any
Valuation Period is equal to the sum of the value of all Variable Accumulation
Units of each Variable Sub-Account credited to the Variable Account for such
Valuation Period. The variable accumulation value of each Variable Sub-Account
is determined by multiplying the number of Variable Accumulation Units, if any,
credited to each Variable Sub-Account by the Variable Accumulation Unit Value of
the particular Variable Sub-Account for such Valuation Period.
Net Investment Factor
The Net Investment Factor is an index applied to measure the investment
performance of a variable sub-account from one Valuation Period to the next. The
Net Investment Factor may be greater or less than or equal to 1.0; therefore,
the value of a Valuable Accumulation Unit may increase, decrease, or remain the
same.
The Net Investment Factor for any variable sub-account for any Valuation Period
is determined by dividing (a) by (b) and then subtracting (c) from the result
where:
(a) is the net result of:
(1) the net asset value of a Fund Portfolio share held in the
variable sub-account determined as of the end of the Valuation
Period, plus
(2) the per share amount of any dividend or other distribution
declared on the Fund portfolio shares held in the variable
sub-account if the "ex-dividend" date occurs during the Valuation
Period, plus or minus
(3) a per share credit or charge with respect to any taxes that we
pay or reserve for during the Valuation Period which we determine
to be attributable to the operation of the Variable Account
Sub-account.
(b) is the net asset value of the Fund portfolio shares held in the variable
sub-account determined as of the end of the preceding Valuation Period; and
(c) is the total of charges for mortality and expense risks, and the
administrative expense fee during the Valuation Period.
Sample Calculations and Tables
Variable Account Calculations
Variable Accumulation Unit Value Calculation. Assume the net asset value of
a Fund portfolio share at the end of the current Valuation Period is $16.50; and
its value at the end of the immediately preceding Valuation Period was $16.46;
the Valuation Period is one day; and no dividends or distributions caused Fund
shares to go "ex-dividend" during the current Valuation Period. $16.50 divided
by $16.46 is 1.002430134. Subtracting the one day risk factor for mortality and
expense risks and the administrative expense charge of .00003723754 (the daily
equivalent of the current total charge of 1.35% on an annual basis) gives a net
investment factor of 1.00239289646. If the value of the Variable Accumulation
Unit for the immediately preceding Valuation Period had been $14.7036925, the
value for the current Valuation Period would be $14.73887691 ($14.7036925 X
1.00239289646).
Variable Annuity Unit Value Calculation. The assumptions in the above
example exist. Also assume that the value of an Annuity Unit for the immediately
preceding Valuation Period had been $13.5791357. If the first variable annuity
payment is determined by using an assumed interest rate of 3% per year, the
value of the Annuity Unit for the current Valuation Period would be $13.61016662
($13.5791357 X 1.00239289646 (the net investment factor) X 0.999892552).
0.999892552 is the factor, for a one day Valuation Period, that neutralizes the
assumed interest rate of four percent (4%) per year used to establish the
Annuity Payment Rates found in the Contract.
Variable Annuity Payment Calculation. Assume that a Participant's Variable
Annuity Account is credited with 5319.7531 Variable Accumulation Units of a
particular variable sub-account; that the Variable Accumulation Unit Value and
the Annuity Unit Value for the particular Variable Sub-Account for the Valuation
Period which ends immediately preceding the Annuity Date are $14.7036925 and
$13.5791357 respectively; that the Annuity Payment Rate for the age and option
elected is $6.52 per $1,000; and that the Annuity Unit Value on the day prior to
the second variable annuity payment date is $13.61017004. The first variable
annuity payment would be $509.99 (5319.7531 X $14.7036925 X 6.52 divided by
1,000). The number of Annuity Units credited would be 37.5569 ($509.99 divided
by $13.5791357) and the second variable annuity payment would be $511.16
(37.5569 X $13.61017004).
Fixed Account Calculation - Withdrawal Charge and Market Value Adjustment Tables
The following example illustrates the detailed calculations for a $100,000
deposit into the Fixed Account with a guaranteed rate of 8% for a duration of
five years. The intent of the example is to show the effect of the Market Value
Adjustment ("MVA") and the 3% minimum guarantee under various interest rates on
the calculation of the cash surrender value. The effect of the MVA is reflected
in the index rate factor in column (2) and the minimum 3% guarantee is shown
under column (4) under the "Surrender Value Calculation". The effect of the
withdrawal charge and any taxes, such as premium taxes, is not shown. The
"Market Value Adjustment Tables" and "Minimum Value Calculation" contain the
explicit calculation of the index factors and the 3% minimum guarantee
respectively.
Sample Calculations for Male Age 35 at Issue
Cash Surrender Values
Single premium....................................$100,000
Premium taxes..................................... 0
Withdrawals....................................... None
Guaranteed period................................. 5 years
Guaranteed interest rate.......................... 8%
Annuity date...................................... Age 70
Index rate A...................................... 7.5%
Index rate B...................................... 8.00% end of policy year 1
7.75% end of policy year 2
7.00% end of policy year 3
6.50% end of policy year 4
Percentage adjustment to B........................ 0.5%
Surrender Value Calculation
(1) (2) (3) (4) (5) (6) (7)
Annuity Index Rate Adjusted Minimum Greater of Surrender Surrender
Contract Year Value Factor Annuity Value Value (3) & (4) Charge Value
-------- ------- ------------- ------- --------- ------- -------
1...............$107,965 0.963640 $104,039 $102,965 $104,039 $5,950 $98,089
2...............$116,567 0.993056 $115,758 $106,019 $115,758 $5,100 $110,658
3...............$125,858 1.000000 $125,858 $109,165 $125,858 $4,250 $121,608
4...............$135,891 1.004673 $136,526 $112,404 $136,526 $3,400 $133,126
5...............$146,727 1.000000 $146,727 $115,742 $146,727 $2,550 $144,177
Annuity Value Calculation
Contract Year Annuity Value
------------------------------------------------------------------
1........................................ $100,000 X 1.08 - $35 = $107,965
2........................................ $107,965 X 1.08 - $35 = $116,567
3........................................ $116,567 X 1.08 - $35 = $125,858
4........................................ $125,858 X 1.08 - $35 = $135,891
5........................................ $135,891 X 1.08 - $35 = $146,727
Surrender Charge Calculation
(1) (2) (3)
--- --- ---
Surrender Surrender Surrender
Contract Year Charge Factor Charge Factor Charge
- ----------------------------------------------------------------------------------------------------
1........................ 0.07 0.0595 $5,950
2........................ 0.06 0.0510 $5,100
3........................ 0.05 0.0425 $4,250
4........................ 0.04 0.0340 $3,400
5........................ 0.03 0.0255 $2,550
---- ------ ------
Market Value Adjustment Tables
Interest Rate Factor Calculation
(1) (2) (3) (4) (5)
Index Index Adjusted (1+A)
Contract Year Rate A Rate B Index Rate B N (1+B)
------------------------------------------------------------------------------------------------------------------------
1.......................... 7.5% 8.00 8.50 4 0.963640
2.......................... 7.5% 7.75 7.75 3 0.993056
3.......................... 7.5% 7.00 7.50 2 1.000000
4.......................... 7.5% 6.50 7.00 1 1.004673
5......................... 7.5% NA NA 0 NA
Minimum Value Calculation
Contract Year Minimum Value
---------------------------------------------------------------
1................................... $100,000 X 1.03 - $35 = $102,965
2................................... $102,965 X 1.03 - $35 = $106,019
3................................... $106,019 X 1.03 - $35 = $109,165
4................................... $109,165 X 1.03 - $35 = $112,404
5................................... $112,404 X 1.03 - $35 = $115,742
State Regulation of CG Life
CG Life, a Connecticut corporation, is subject to regulation by the Connecticut
Department of Insurance. We file an annual statement with the Connecticut
Department of Insurance each year covering our operations and reporting on the
financial condition as of December 31 of the preceding year. Periodically, the
Connecticut Department of Insurance or other authorities examine our liabilities
and reserves and the Variable Account. The Connecticut Department of Insurance
also periodically conducts a full examination of our operations. In addition, we
are subject to the insurance laws and regulations of other states within which
we are licensed to operate.
The law of the state in which the Contract is delivered governs the Contract.
The values and benefits of each Contract are at least equal to those required by
such state.
Administration
Allstate performs certain administrative functions relating to the Contracts,
the Fixed Account, and the Variable Account. These functions include, among
other things, maintaining the books and records of the Variable Account, the
Fixed Account, and the Sub-Accounts, and maintaining records of the name,
address, taxpayer identification number, contract number, Annuity Account number
and type, the status of each Annuity Account and other pertinent information
necessary to the administration and operation of the Contracts. Allstate is
responsible for servicing the Contracts, including the payment of benefits, and
contract administration.
Distribution of the Contracts
We are no longer offering new Contracts for sale. The Contracts have been sold
by licensed insurance agents in those states where the Contracts may be lawfully
sold. Such agents were registered representatives of broker-dealers registered
under the Securities Exchange Act of 1934 who are members of the National
Association of Securities Dealers, Inc. ("NASD") and who have entered into
distribution agreements with the Company and the principal underwriter for the
Variable Account, Lincoln Financial Distributors, Inc. ("LFD"), Hartford,
Connecticut. LFD is registered with the Securities and Exchange Commission under
the Securities Exchange Act of 1934 as a broker-dealer and is a member of the
NASD. LFD also acts as the principal underwriter for certain other separate
accounts. We pay commissions and other distribution compensation. Those payments
will not be more than 8.50% of premium payments.
As of January 1, 1998, LFD, formerly Sagemark Consulting, formerly CIGNA
Financial Advisors, Inc., a wholly owned subsidiary of CIGNA Corporation, became
a wholly owned subsidiary of The Lincoln National Life Insurance Company
("Lincoln Life"), an Indiana corporation, whose principal businesses are
insurance and financial services. Lincoln Life is wholly owned by Lincoln
National Corporation, a publicly-held insurance holding company domiciled in
Indiana.
The Prospectus describes the sales charges that apply to the Contracts. There
are no variations in sales load.
Custody of Assets
We are the Custodian of the Variable Account's assets. We or our agent will
purchase the Fund's shares at net asset value according to the Purchasers'
instructions. We will redeem the Fund's shares at net asset value in order to
meet the Variable Account's contractual obligations, pay charges relative to the
Variable Account or make adjustments for annuity reserves held in the Variable
Account. We hold the Variable Sub-Accounts' assets separate and apart from the
assets of any of our other segregated asset accounts and separate and apart from
our general account assets. We maintain records of all purchases and redemptions
of shares of the Fund held by each of the Variable Sub-Accounts of the Variable
Account. Our fidelity bond provides additional protection for the Variable
Account's assets. The fidelity bond covers the acts of our officers and
employees. Its policy limit as of May 1, 2003, is $100,000,000.
Historical Performance Data
Money Market Variable Sub-account Yield
We may disclose the current annualized yield of the Money Market Variable
Sub-account, which invests in the Money Market Portfolio, for a 7-day period in
a manner which does not take into consideration any realized or unrealized gains
or losses on shares of the Money Market Fund or on its portfolio securities. We
compute this current annualized yield by determining the net change (exclusive
of realized gains and losses on the sale of securities, unrealized appreciation
and depreciation, and income other than investment income) at the end of the
7-day period in the value of a hypothetical account having a balance of one unit
of the Money Market Variable Sub-Account at the beginning of the 7-day period,
dividing such net change in account value by the value of the account at the
beginning of the period to determine the base period return, and annualizing
this quotient on a 365-day basis. The net change in account value reflects (i)
net income from the Money Market Portfolio attributable to the hypothetical
account; and (ii) charges and deductions imposed under a Contract that are
attributable to the hypothetical account.
We may also disclose the effective yield of the Money Market Variable
Sub-Account for the same 7-day period, determined on a compounded basis. We
calculate the effective yield by compounding the unannualized base period return
by adding one to the base period return, raising the sum to a power equal to 365
divided by 7, and subtracting one from the result.
We calculate the effective yield by compounding the unannualized base period
return according to the following formula:
Effective Yield = [(Base Period Return + 1)(to the power of 365/7)] - 1
The yield on amounts held in the Money Market Variable Sub-Account normally will
fluctuate on a daily basis. Therefore, the disclosed yield for any given past
period is not an indication or representation of future yields or rates of
return. The Money Market Variable Sub-Account's actual yield is affected by
changes in interest rates on money market securities, average portfolio maturity
of the Money Market Portfolio, the types and quality of portfolio securities
held by the Money Market Portfolio and its operating expenses. The yield figures
do not reflect withdrawal charges or premium taxes.
Other Variable Sub-Account Yields
We may advertise or disclose the current annualized yield of one or more of the
variable sub-accounts of the Variable Account (except the Money Market Variable
Sub-Account) for 30-day periods. The annualized yield of a Variable Sub-Account
refers to income that the variable sub-account generates over a specific 30-day
period. Because the yield is annualized, the yield generated by a Variable
Sub-Account during the 30-day period is assumed to be generated each 30-day
period over a 12-month period. We compute the yield by dividing the net
investment income per accumulation unit earned during the period by the maximum
offering price per unit on the last day of the period, according to the
following formula:
Yield = 2 [(a - b + 1)(6) - 1]
cd
Where:
a = net investment income earned during the period by the particular portfolio
attributable to shares owned by the variable sub-account.
b = expenses accrued for the period.
c = the average daily number of accumulation units outstanding during the
period.
d = the maximum offering price per accumulation unit on the last day of the
period.
Because the Variable Account imposes charges and deductions, a Variable
Sub-Account's yield will be lower than the yield for its corresponding Fund. The
yield calculations do not reflect the effect of any premium taxes or withdrawal
charges that may apply to a particular Contract. Withdrawal charges range from
7% to 1% of the amount withdrawn on total Premium Payments paid, less prior
partial surrenders, depending on the Contract Year of surrender.
The yield on amounts held in the Variable Sub-Accounts normally fluctuates over
time. Therefore, the disclosed yield for any given past period does not indicate
or represent future yields or rates of return. The types and quality of the
Fund's investments and its operating expenses affect a Variable Sub-Account's
actual yield.
Standard Variable Sub-Account Total Returns
We may advertise or disclose annual average total returns for one or more of the
Variable Sub-Accounts for various periods of time. When a Variable Sub-Account
has been in operation for 1, 5 and 10 years, respectively, we will provide the
total return for these periods. We may also disclose total returns for other
periods of time. Total returns represent the average annual compounded rates of
return that would equate the initial amount invested to the redemption value of
that investment on the last day of each of the periods.
We calculate total returns using Variable Sub-Account Unit Values that we
calculate on each Valuation Period. We base Variable Sub-Account Unit Values on
the performance of the Sub-Account's underlying portfolio, reduced by the
mortality and expense risk charge, the administrative expense charge, and the
Annuity Account Fee. The Annuity Account Fee is reflected by dividing the total
amount of such charges collected during the year that are attributable to the
Variable Account by the total average net assets of all the Variable
Sub-Accounts. We deduct the resulting percentage from the return in calculating
the ending redeemable value. These figures do not reflect any premium taxes,
charges or credits for market value adjustments. Total return calculations
reflect the effect of withdrawal charges that may apply to a particular period.
We will then calculate the total return according to the following formula:
P(l + T)(to the power of n) = ERV
Where:
P = A hypothetical initial Premium Payment of $1,000.
T = Average annual total return.
n = Number of years in the period.
ERV = Ending redeemable value of a hypothetical $1,000 payment
made at the beginning of the one, five or ten-year period, at
the end of the one, five or ten-year period (or fractional
portion thereof).
Non-Standard Variable Sub-Account Total Returns
We may disclose average annual total returns in a non-standard format in
conjunction with the standard format described above. The non-standard format
will be identical to the standard format except that we assume that the
withdrawal charge percentage is 0%.
We may also disclose cumulative total returns in conjunction with the standard
format described above. We calculate the cumulative returns by using the
following formula and assuming that the withdrawal charge percentage is 0%.
CTR = (ERV/P) - 1
Where:
CTR = The cumulative total return net of variable sub-account recurring charges
for the period.
ERV = The ending redeemable value of the hypothetical investment
made at the beginning of the one, five or ten-year period, at the
end of the one, five or ten-year period (or fractional portion
thereof).
P = A hypothetical initial payment of $10,000
Non-standard performance data will only be advertised if standard
performance data is also disclosed.
Adjusted Historical Portfolio Performance
We may also disclose yield and total return for the Fund's Portfolios, including
for periods before the date that the Variable Account began operations. For
periods prior to the date the Variable Account commenced operations, adjusted
historical portfolio performance information will be calculated based on the
performance of the Portfolios and the assumption that the Variable Sub-Accounts
were in existence for the same periods as those of the Portfolios, with some or
all of the charges equal to those currently assessed against the Variable
Sub-Accounts.
Legal Matters
Mark A. Parsons, Chief Counsel, Retirement and Investment Services Division,
CIGNA Corporation, has passed upon all matters of Connecticut law pertaining to
the Contracts. This includes the Contracts' validity and our right to issue the
Contracts under Connecticut Insurance Law and any other applicable state
insurance or securities laws.
Legal Proceedings
Various CIGNA entities are defendants in several proposed class action lawsuits
brought in federal court against the managed care industry by physicians and
members of health plans. The lawsuits allege violations under one or more of the
Employment Retirement Income Security Act ("ERISA"), the Racketeer Influenced
and Corrupt Organizations Act ("RICO") and various state laws. They challenge,
in general terms, the mechanisms used by managed care companies in connection
with the delivery of or payment for health care services. The complaints seek
injunctive relief, unspecified damages (subject, in the case of RICO, to
trebling) and attorneys' fees.
These federal cases against the Company are Shane v. Humana, Inc., et al. (CIGNA
subsidiaries added as defendants in August 2000), Mangieri v. CIGNA Corporation
(filed December 7, 1999 in the United States District Court for the Northern
District of Alabama), and Pickney v. CIGNA Corporation and CIGNA Health
Corporation (filed November 22, 1999, in the United States District Court for
the Southern District of Mississippi). Plaintiffs in the Shane and Mangieri
cases are physicians, and in the Pickney case, a health plan subscriber. These
cases were transferred to the United States District Court for the Southern
District of Florida, along with other cases against other managed care companies
and similar cases subsequently filed against the Company in other federal
courts, for consolidated pretrial proceedings. On September 26, 2002, the United
States District Court for the Southern District of Florida denied class action
certification to the health plan subscriber plaintiffs in the consolidated
Pickney case, and certified a class of physician plaintiffs in the consolidated
Shane and Mangieri cases. The U.S. Court of Appeals for the Eleventh Circuit has
granted the defendant's request for review of the decision to certify the
physician class. The plaintiff's request for reconsideration of the denial of
class status to the subscriber class was denied by the district court, and the
plaintiffs did not appeal.
The Company was also a defendant in similar state court cases. On March 29,
2001, a trial judge in Madison County, Illinois certified a class of providers
in Kaiser and Corrigan v. CIGNA Corporation, et al., a case alleging breach of
contract and seeking increased reimbursements. An Amended Complaint in Kaiser
included federal claims under ERISA and RICO, and the case was removed to
federal court in Illinois, where a settlement agreement between the parties was
filed on November 26, 2002. If approved, the agreement will encompass most of
the claims brought on behalf of health care providers asserted in other state
and federal jurisdictions, including the Shane and Mangieri cases. On February
21, 2003 the Judicial Panel for Multidistrict Litigation ordered the Illinois
case to be transferred to the Florida federal court, which will decide whether
the settlement should be approved. In connection with the Kaiser matter, CIGNA
recognized an after-tax charge of $50 million ($77 million pre-tax) in the
fourth quarter of 2002. As this matter has not been resolved, adjustments to
this amount in future periods are possible.
The Department of Justice and Office of Inspector General of the Department of
Health and Human Services investigated a subsidiary of CIGNA, Lovelace Health
Systems, Inc. ("Lovelace") regarding Medicare cost reporting practices for the
years 1990 through 1999. Medicare cost reports form the basis for reimbursements
to Lovelace by the Centers for Medicare and Medicaid Services for Medicare
covered services that Lovelace provides to eligible individuals. In 2002, CIGNA
increased reserves for this matter by $9 million after-tax ($14 million
pre-tax). This matter was resolved on December 4, 2002 by a settlement agreement
between the parties. The U.S. Attorney's Office for the Eastern District of
Pennsylvania is investigating compliance with federal laws in connection with
pharmaceutical companies' marketing practices and their impact on prices paid by
the government to pharmaceutical companies for products under federal health
programs. As part of this investigation, CIGNA is responding to subpoenas
concerning contractual relationships between pharmaceutical companies and
CIGNA's health care operations.
On October 25, 2002, the Securities and Exchange Commission notified CIGNA that
it has opened an informal inquiry into matters relating to CIGNA. Several
purported class action lawsuits have been filed against CIGNA and certain of its
officers by individuals who seek to represent a class of purchasers of CIGNA
securities from May 2, 2001 to October 24, 2002. The complaints allege, among
other things, that the defendants violated SEC Rule 10b-5 by misleading CIGNA
shareholders with respect to the company's performance during the class period.
Another purported class action lawsuit has been filed against CIGNA and certain
officers by an individual who seeks to represent a class of participants in the
CIGNA 401(k) Plan who allegedly suffered losses on investments in CIGNA stock
from May 2, 2001 to the present. The complaint asserts, among other things, that
the same actions alleged in the shareholder suits violated ERISA. The complaints
have been filed in the United States District Court for the Eastern District of
Pennsylvania by the following individual plaintiffs on the dates indicated:
Edward Kaminski (October 25, 2002); Jeffrey Lubin (October 29, 2002); Jean
Mullin (October 29, 2002); Janis Dolan (October 31, 2002); Harvard Kolm
(November 1, 2002); Joseph G. Blandford (December 6, 2002); Jeremy Schiff
(December 13, 2002); and Donna Huntsman (February 4, 2003, the ERISA suit).
Plaintiffs seek compensatory damages and attorneys' fees and, in the ERISA suit,
injunctive relief.
On November 7, 2002, a purported shareholder derivative complaint nominally on
behalf of CIGNA was filed in the United States District Court for the Eastern
District of Pennsylvania by Evelyn Hobbs. The complaint alleges breaches of
fiduciary duty by CIGNA's directors, including, among other things, their
"failure to monitor, investigate and oversee Cigna's management information
system" and seeks compensatory and punitive damages. A similar complaint, filed
on November 19, 2002 in the New Castle County (Delaware) Chancery Court by Jack
Scott has been dismissed by the plaintiff and refiled in the United States
District Court for the Eastern District of Pennsylvania so it can be
consolidated with the Hobbs case and the shareholder cases.
On December 18, 2001, Janice Amara filed a purported class action lawsuit in the
United States District Court for the District of Connecticut against CIGNA
Corporation and the CIGNA Pension Plan on behalf of herself and other similarly
situated participants in the CIGNA Pension Plan who earned certain Plan benefits
prior to 1998. The plaintiffs allege, among other things, that the Plan violated
ERISA by impermissibly conditioning certain post-1997 benefit accruals on the
amount of pre-1998 benefit accruals, and that these conditions are not
adequately disclosed to plan participants. The plaintiffs were granted class
certification on December 20, 2002, and seek equitable relief.
CIGNA is routinely involved in numerous lawsuits and other legal matters
arising, for the most part, in the ordinary course of the business of
administering and insuring employee benefit programs. An increasing number of
claims are being made for substantial non-economic, extra-contractual or
punitive damages. The outcome of litigation and other legal matters is always
uncertain, and outcomes that are not justified by the evidence can occur. CIGNA
believes that it has valid defenses to the legal matters pending against it and
is defending itself vigorously. Nevertheless, it is possible that resolution of
one or more of the legal matters currently pending or threatened could result in
losses material to CIGNA's consolidated results of operations, liquidity or
financial condition.
Experts
The statutory financial statements of Connecticut General Life Insurance Company
as of December 31, 2004 and 2003 and for each of the three years in the period
ended December 31, 2004, and the related consolidated financial statement
schedules included in this Statement of Additional Information have been audited
by PricewaterhouseCoopers, LLP, an independent registered public accounting
firm, as stated in their report, which is included herein , and have been so
included in reliance upon the report of such firm given upon their authority as
experts in accounting and auditing.
The financial statements of the sub-accounts comprising CG Variable Annuity
Separate Account as of December 31, 2004 and for each of the periods in the two
year period then ended included in this Statement of Additional Information have
been audited by Deloitte & Touche LLP, an independent registered public
accounting firm, as stated in their report appearing herein, and have been so
included in reliance upon the report of such firm given upon their authority as
experts in accounting and auditing.
Financial Statements
The financial statements of the Variable Account, which is comprised of the
financial statements of the underlying Sub-Accounts, as of December 31, 2004 and
for each of the periods in the two year period then ended, the consolidated
financial statements of CG Life as of December 31, 2004 and 2003 and for each of
the three years in the period ended December 31, 2004 and the accompanying
Reports of the Independent Registered Public Accounting Firm appear in the pages
that follow. The financial statements of CG Life included herein should be
considered only as bearing upon the ability of the CG Life to meet its
obligations under the Contracts. You should not consider them as bearing on the
investment performance of the assets held in the Variable Account, or on the
Guaranteed Interest Rate that we credit during a Guaranteed Period.