See All of This Company's Exhibits

                        
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0001206774-06-000045.txt : 20090716
0001206774-06-000045.hdr.sgml : 20090716

20060113164648



ACCESSION NUMBER:		0001206774-06-000045

CONFORMED SUBMISSION TYPE:	N-4

PUBLIC DOCUMENT COUNT:		18

FILED AS OF DATE:		20060113

DATE AS OF CHANGE:		20060505


FILER:


	COMPANY DATA:	

		COMPANY CONFORMED NAME:			PRUCO LIFE INURANCE CO OF NEW JERSEY FLXBL PRMIUM VAR ANN AC

		CENTRAL INDEX KEY:			0001021330

		STANDARD INDUSTRIAL CLASSIFICATION:	LIFE INSURANCE [6311]

		IRS NUMBER:				222426091

		STATE OF INCORPORATION:			NJ

		FISCAL YEAR END:			1231



	FILING VALUES:

		FORM TYPE:		N-4

		SEC ACT:		1933 Act

		SEC FILE NUMBER:	333-131035

		FILM NUMBER:		06530258



	BUSINESS ADDRESS:	

		STREET 1:		PRUDENTIAL INSURANCE & FINANCIAL SERVICE

		STREET 2:		213 WASHINGTON ST

		CITY:			NEWARK

		STATE:			NJ

		ZIP:			07102

		BUSINESS PHONE:		9738025393



	MAIL ADDRESS:	

		STREET 1:		PRUCO LIFE INSURANCE CO OF NEW JERSEY

		STREET 2:		213 WASHINGTON ST

		CITY:			NEWARK

		STATE:			NJ

		ZIP:			07102




FILER:


	COMPANY DATA:	

		COMPANY CONFORMED NAME:			PRUCO LIFE INURANCE CO OF NEW JERSEY FLXBL PRMIUM VAR ANN AC

		CENTRAL INDEX KEY:			0001021330

		STANDARD INDUSTRIAL CLASSIFICATION:	LIFE INSURANCE [6311]

		IRS NUMBER:				222426091

		STATE OF INCORPORATION:			NJ

		FISCAL YEAR END:			1231



	FILING VALUES:

		FORM TYPE:		N-4

		SEC ACT:		1940 Act

		SEC FILE NUMBER:	811-07975

		FILM NUMBER:		06530259



	BUSINESS ADDRESS:	

		STREET 1:		PRUDENTIAL INSURANCE & FINANCIAL SERVICE

		STREET 2:		213 WASHINGTON ST

		CITY:			NEWARK

		STATE:			NJ

		ZIP:			07102

		BUSINESS PHONE:		9738025393



	MAIL ADDRESS:	

		STREET 1:		PRUCO LIFE INSURANCE CO OF NEW JERSEY

		STREET 2:		213 WASHINGTON ST

		CITY:			NEWARK

		STATE:			NJ

		ZIP:			07102






N-4
1
d18381.txt


    AS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION ON JANUARY 13, 2006

                                        1933 ACT REGISTRATION NO. ______________
                                        1940 ACT REGISTRATION NO. 811-07975

                       SECURITIES AND EXCHANGE COMMISSION
                             WASHINGTON, D.C. 20549

                                    FORM N-4

           REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 [ ]

                         PRE-EFFECTIVE AMENDMENT NO. [ ]

                                       AND

       REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940 [ ]

                       POST-EFFECTIVE AMENDMENT NO. 55 [X]

                        (CHECK APPROPRIATE BOX OR BOXES)

                    PRUCO LIFE OF NEW JERSEY FLEXIBLE PREMIUM
                            VARIABLE ANNUITY ACCOUNT
                           (Exact Name of Registrant)

                   PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY
                               (Name of Depositor)

                              213 WASHINGTON STREET
                          NEWARK, NEW JERSEY 07102-2992
                                 (973) 802-7333

    (Address and telephone number of depositor's principal executive offices)

                                 JOSEPH EMANUEL
                               CHIEF LEGAL OFFICER
                   PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY
                                751 BROAD STREET
                            NEWARK, NEW JERSEY 07102
                                 (973) 802-4388

                     (Name and address of agent for service)
                                   Copies to:

                                  ROBIN WAGNER
                      VICE PRESIDENT AND CORPORATE COUNSEL
                               One Corporate Drive
                           SHELTON, CONNECTICUT 06484
                                 (203) 925-7176

          Approximate Date of Proposed Sale to the Public: May 1, 2006

The registrant hereby amends this registration statement on such date or dates
as may be necessary to delay its effective date until the registrant shall file
a further amendment which specifically states that this registration statement
shall thereafter become effective in accordance with Section 8(a) of the
Securities Act of 1933 or until the registration statement shall become
effective on such date as the Commission, acting pursuant to said section 8(a),
may determine.

                      Title of Securities Being Registered:
               Interests in Individual Variable Annuity Contracts


                                      PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY
                                                  A Prudential Financial Company
                                         751 Broad Street, Newark, NJ 07102-3777
                                         ---------------------------------------

PRUDENTIAL PREMIER VARIABLE ANNUITY B SERIES(SM) ("B SERIES")
PRUDENTIAL PREMIER VARIABLE ANNUITY L SERIES(SM) ("L SERIES")
PRUDENTIAL PREMIER VARIABLE ANNUITY X SERIES(SM) ("X SERIES")

Flexible Premium Deferred Annuities
- --------------------------------------------------------------------------------
PROSPECTUS: MAY 1, 2006

This prospectus describes three different flexible premium deferred annuity
classes offered by Pruco Life Insurance Company of New Jersey ("Pruco Life",
"we", "our", or "us"). Each of the B Series, L Series, and X Series is a class
within a single annuity contract, rather than a separate annuity contract under
State insurance law. For convenience in this prospectus, we sometimes refer to
each of these annuity classes as an "Annuity", and to the classes collectively
as the "Annuities." We also sometimes refer to each class by its specific name
(e.g., the "B Series"). Each Annuity has different features and benefits that
may be appropriate for you based on your financial situation, your age and how
you intend to use the Annuity. This Prospectus describes the important features
of the Annuities and what you should consider before purchasing one of the
Annuities. The Prospectus also describes differences among the Annuities which
include differences in the fees and charges you pay and variations in some
product features such as the availability of certain bonus amounts. These
differences among the products are discussed more fully in the Prospectus and
summarized in Appendix A entitled "Selecting the Variable Annuity That's Right
for You". There may also be differences in the compensation paid to your
Financial Professional for each Annuity. In addition, selling broker-dealer
firms through which each Annuity is sold may decline to make available to their
customers certain of the optional features offered generally under the Annuity.
Alternatively, such firms may restrict the availability of the optional
benefits that they do make available to their customers (e.g., by imposing a
lower maximum issue age for certain optional benefits than what is prescribed
generally under the Annuity). Please speak to your registered representative
for further details. Certain terms are capitalized in this Prospectus. Those
terms are either defined in the Glossary of Terms or in the context of the
particular section.

The Sub-accounts
- --------------------------------------------------------------------------------
Each Sub-account of the Pruco Life of New Jersey Flexible Premium Variable
Annuity Account invests in an underlying mutual fund portfolio. Currently,
portfolios of American Skandia Trust are being offered.

Please Read This Prospectus
- --------------------------------------------------------------------------------
Please read this Prospectus and the current prospectus for the underlying
mutual funds. Keep them for future reference. If you are purchasing one of the
Annuities as a replacement for an existing variable annuity or variable life
coverage or a fixed insurance policy, you should consider any surrender or
penalty charges you may incur when replacing your existing coverage and that
this Annuity may be subject to a contingent deferred sales charge if you elect
to surrender the Annuity or take a partial withdrawal. You should consider your
need to access the Annuity's Account Value and whether the Annuity's liquidity
features will satisfy that need.

Available Information
- --------------------------------------------------------------------------------
We have also filed a Statement of Additional Information that is available from
us, without charge, upon your request. The contents of the Statement of
Additional Information are described on page 66. This Prospectus is part of the
registration statement we filed with the SEC regarding this offering.
Additional information on us and this offering is available in the registration
statement and the exhibits thereto. You may review and obtain copies of these
materials at the prescribed rates from the SEC's Public Reference Section, 100
F Street, N.E., Washington, D.C., 20549. These documents, as well as documents
incorporated by reference, may also be obtained through the SEC's Internet
Website (www.sec.gov) for this registration statement as well as for other
registrants that file electronically with the SEC.

For Further Information call:
- --------------------------------------------------------------------------------
- -->  1-888-PRU-2888

These annuities are NOT deposits or obligations of, or issued, guaranteed or
endorsed by, any bank, are NOT insured or guaranteed by the U.S. government,
the Federal Deposit Insurance Corporation (FDIC), the Federal Reserve Board or
any other agency. An investment in an annuity involves investment risks,
including possible loss of value, even with respect to amounts allocated to the
AST Money Market Sub-account.

These securities have not been approved or disapproved by the Securities and
Exchange Commission or any state securities commission nor has the commission
or any state securities commission passed upon the accuracy or adequacy of this
Prospectus. Any representation to the contrary is a criminal offense.

Prudential Premier Variable Annuity B Series(SM), Prudential Premier Variable
Annuity L Series(SM), and Prudential Premier Variable Annuity X Series(SM), are
service marks of The Prudential Insurance Company of America.

Prospectus Dated: May 1, 2006
                          Statement of Additional Information Dated: May 1, 2006
COMBPROS05                                                                 PRUCO

PLEASE SEE OUR PRIVACY POLICY AND IRA DISCLOSURE STATEMENT ATTACHED TO THE BACK
                           COVER OF THIS PROSPECTUS.
This prospectus is currently being reviewed by the SEC staff, and is being
provided solely for reference purposes to certain selling broker-dealers. No
offers or sales of any of the features discussed in this draft supplement are
permitted. For internal use only.


Contents
- --------------------------------------------------------------------------------

                                                                                         
Introduction .............................................................................   1
  Why Would I Choose to Purchase One of the Annuities? ...................................   1
  What Are Some of the Key Features of the Annuities? ....................................   1
  How Do I Purchase One of the Annuities? ................................................   2
Glossary of Terms ........................................................................   3
Summary of Contract Fees and Charges .....................................................   4
Expense Examples .........................................................................  12
Investment Options .......................................................................  13
  What are the Investment Objectives and Policies of the Portfolios? .....................  13
  What are the Fixed Rate Options ........................................................  19
Fees and Charges .........................................................................  21
  What are the Contract Fees and Charges? ................................................  21
  What Charges Apply to the Fixed Rate Options? ..........................................  23
  What Charges Apply if I Choose an Annuity Payment Option? ..............................  23
  Exceptions/Reductions to Fees and Charges ..............................................  23
Purchasing Your Annuity ..................................................................  24
  What are Our Requirements for Purchasing One of the Annuities? .........................  24
Managing Your Annuity ....................................................................  25
  May I Change the Owner, Annuitant and Beneficiary Designations? ........................  25
  May I Return My Annuity if I Change My Mind? ...........................................  25
  May I Make Additional Purchase Payments? ...............................................  25
  May I Make Scheduled Payments Directly from My Bank Account? ...........................  26
  May I Make Purchase Payments Through a Salary Reduction Program? .......................  26
Managing Your Account Value ..............................................................  27
  How and When are Purchase Payments Invested? ...........................................  27
  How Do I Receive a Longevity Credit Under the X Series? ................................  27
  How Are Longevity Credits Applied to My Account Value Under the X Series? ..............  27
  How Do I Receive a Purchase Credit Under the X Series? .................................  27
  How is Each Purchase Credit Applied to Account Value Under the X Series Annuity? .......  27
  Are There Restrictions or Charges on Transfers Between Investment Options? .............  28
  Do You Offer More than One Dollar Cost Averaging Program? ..............................  29
  Do You Offer Any Automatic Rebalancing Programs? .......................................  30
  May I Give My Financial Professional Permission to Manage My Account Value? ............  30
Access To Account Value ..................................................................  31
  What Types of Distributions are Available to Me? .......................................  31
  Are There Tax Implications for Distributions? ..........................................  31
  Can I Withdraw a Portion of My Annuity? ................................................  31
  How Much Can I Withdraw as a Free Withdrawal? ..........................................  31
  Can I Make Periodic Withdrawals from My Annuity During the Accumulation Period? ........  32
  Do You Offer a Program for Withdrawals Under Section 72(t) of the Internal Revenue
    Code?.................................................................................  32
  What are Minimum Distributions and When Would I Need to Make Them? .....................  32
  Can I Surrender My Annuity for Its Value? ..............................................  32
  What Types of Annuity Options are Available? ...........................................  33
  How and When Do I Choose the Annuity Payment Option? ...................................  33
(i) This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. Contents - -------------------------------------------------------------------------------- Living Benefit Programs .............................................................. 34 Do You Offer Programs Designed to Provide Investment Protection for Owners While They are Alive? .................................................................. 34 Guaranteed Minimum Income Benefit (GMIB) ........................................... 34 Lifetime Five Income Benefit (Lifetime Five) ....................................... 39 Spousal Lifetime Five Income Benefit (Spousal Lifetime Five) ....................... 44 Death Benefit ........................................................................ 49 What Triggers the Payment of a Death Benefit? ...................................... 49 Basic Death Benefit ................................................................ 49 Optional Death Benefit ............................................................. 49 Payment of Death Benefits .......................................................... 51 Valuing Your Investment .............................................................. 52 How is My Account Value Determined? ................................................ 52 What is the Surrender Value of My Annuity? ......................................... 52 How and When Do You Value the Sub-Accounts? ........................................ 52 When Do You Process and Value Transactions? ........................................ 52 Tax Considerations ................................................................... 54 General Information .................................................................. 61 How Will I Receive Statements and Reports? ......................................... 61 What is Pruco Life of New Jersey? .................................................. 61 What is the Separate Account? ...................................................... 61 What is the Legal Structure of the Underlying Funds? ............................... 62 Who Distributes Annuities Offered by Pruco Life of New Jersey? ..................... 63 Financial Statements ............................................................... 64 How to Contact Us .................................................................. 64 Indemnification .................................................................... 64 Legal Proceedings .................................................................. 64 Contents of the Statement of Additional Information ................................ 66 Appendix A -- Selecting the Variable Annuity That's Right for You .................... A-1
(ii) This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Introduction - -------------------------------------------------------------------------------- Why Would I Choose to Purchase One of the Annuities? - -------------------------------------------------------------------------------- The Annuities are frequently used for retirement planning because they allow you to accumulate retirement savings and also offer annuity payment options when you are ready to begin receiving income. Each Annuity also offers a choice of different optional benefits, for an additional charge, that can provide principal protection or guaranteed minimum income protection for Owners while they are alive and one or more Death Benefits that can protect your retirement savings if you die during a period of declining markets. Each Annuity may be used as an investment vehicle for "qualified" investments, including an IRA, SEP-IRA, Roth IRA, Section 401(a) plans (defined benefit plans and defined contribution plans such as 401(k), profit sharing and money purchase plans) or Tax Sheltered Annuity (or 403(b)). Each Annuity may also be used as an investment vehicle for "non-qualified" investments. Each Annuity allows you to invest your money in a number of Sub-accounts as well as in one or more Fixed Rate Options. This Prospectus describes three different Annuities including features that these Annuities have in common as well as differences. For a summary of each Annuity's features, please refer to Appendix A entitled, "Selecting the Variable Annuity That's Right for You." When an Annuity is purchased as a "non-qualified" investment, you generally are not taxed on any investment gains the Annuity earns until you make a withdrawal or begin to receive annuity payments. This feature, referred to as "tax-deferral", can be beneficial to the growth of your Account Value because money that would otherwise be needed to pay taxes on investment gains each year remains invested and can earn additional money. However, because the Annuity is designed for long-term retirement savings, a 10% penalty tax may be applied on withdrawals you make before you reach age 59 1/2. Annuities purchased as a non-qualified investment are not subject to the maximum contribution limits that may apply to a qualified investment, and are not subject to required minimum distributions after age 70 1/2. When an Annuity is purchased as a "qualified" investment, you should consider that the Annuity does not provide any tax advantages in addition to the preferential treatment already available through your retirement plan under the Internal Revenue Code. In other words, you need not invest in an Annuity to gain the preferential tax treatment provided by your retirement plan. An Annuity may offer features and benefits in addition to providing tax deferral that other investment vehicles may not offer, including Death Benefit protection for your beneficiaries, lifetime income options, and the ability to make transfers between numerous Sub-accounts offered under the Annuity. You should consult with your Financial Professional as to whether the overall benefits and costs of the Annuity are appropriate considering your overall financial plan. What Are Some of the Key Features of the Annuities? - -------------------------------------------------------------------------------- o Each Annuity is a "flexible premium deferred annuity." It is called "flexible premium" because you have considerable flexibility in the timing and amount of Purchase Payments. Generally, investors "defer" receiving annuity payments until after an accumulation period. o Each Annuity offers both Sub-accounts and Fixed Rate Options. If you allocate your Account Value to Sub-accounts, the value of your Annuity will vary daily to reflect the investment performance of the underlying investment options. Fixed Rate Option interest is guaranteed by us. o Each Annuity features two distinct periods -- the accumulation period and the payout period. During the accumulation period your Account Value is allocated to one or more investment options. o During the payout period, commonly called "annuitization," you can elect to receive annuity payments (1) for life; (2) for life with a guaranteed minimum number of payments; (3) based on joint lives; or (4) for a guaranteed number of payments. We currently make annuity payments available on a fixed basis only. o Each Annuity offers optional income benefits, for an additional charge, that can provide principal protection or guaranteed minimum income protection for Owners while they are alive. o Each Annuity offers a basic Death Benefit. It also offers an optional Death Benefit that provides an enhanced level of protection for your beneficiary(ies) for an additional charge. o You are allowed to withdraw a limited amount of money from each Annuity on an annual basis without any charges, although any optional guaranteed benefit you elect may be reduced. Other product features allow you to access your Account Value as necessary, although a charge may apply. o Transfers between investment options are tax-free. Currently, you may make twenty transfers each year free of charge. We also offer several programs that enable you to manage your Account Value as your financial needs and investment performance change. 1 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Introduction continued - -------------------------------------------------------------------------------- - -------------------------------------------------------------------------------- With respect to the X Series only: o If you purchase this Annuity, we apply an additional amount ("Purchase Credit") to your Account Value with each Purchase Payment you make, including your initial Purchase Payment and any additional Purchase Payments. o Please note that the total asset-based charges on this Annuity are higher than many of our other annuities. In addition, the Contingent Deferred Sales Charge (CDSC) on this Annuity is higher and is deducted for a longer period of time as compared to our other annuities. Finally, the Credit amount is included in your Account Value. However, Pruco Life of New Jersey may take back the original Purchase Credit amount applied to your Purchase Payment if you "free-look" your Annuity or you die within twelve (12) months of having received a Purchase Credit amount. In these situations, your Account Value could be substantially reduced. However, any investment gain on the Purchase Credit amount will not be recovered. Additional conditions and restrictions apply. We do not deduct a CDSC in any situation where we recover the Purchase Credit amount. o Beginning on the tenth Annuity Anniversary and on every Annuity Anniversary thereafter, we add a Longevity Credit to your Account Value with respect to Purchase Payments less withdrawals that have been in your Annuity more than 9 full Annuity years, subject to our rules and State availability. - -------------------------------------------------------------------------------- How Do I Purchase One of the Annuities? - -------------------------------------------------------------------------------- We sell each Annuity through licensed, registered Financial Professionals. Each Annuity has minimum initial Purchase Payments as follows: $1,000 for the B Series and $10,000 for the X Series and the L Series. We may allow you to make a lower initial Purchase Payment provided you establish an electronic funds transfer program under which Purchase Payments received in the first Annuity Year total at least the minimum initial Purchase Payment for the Annuity purchased. If the Annuity is owned by an individual or individuals, the oldest of those Owners must not be older than a maximum issue age as of the Issue Date of the Annuity as follows: age 85 for the B Series and the L Series, and age 75 for the X Series. No additional Purchase Payments will be permitted after age 85 for any of the Annuities. If the Annuity is owned by an entity, the annuitant must not be older than the maximum issue age, as of the Issue Date of the Annuity. The availability and level of protection of certain optional benefits may vary based on the age of the Owner on the Issue Date of the Annuity, on the date the benefit is elected or the date of the Owner's death. 2 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Glossary of Terms - -------------------------------------------------------------------------------- Many terms used within this Prospectus are described within the text where they appear. The description of those terms are not repeated in this Glossary of Terms. ACCOUNT VALUE The value of each allocation to a Sub-account or a Fixed Rate Option prior to the Annuity Date, plus any earnings, and/or less any losses, distributions and charges. The Account Value is calculated before we assess any applicable Contingent Deferred Sales Charge ("CDSC" or "surrender charge") and/or, other than on an Annuity anniversary, any fee that is deducted from the contract annually in arrears. The Account Value is determined separately for each Sub-account and for each Fixed Rate Option, and then totaled to determine the Account Value for your entire Annuity. With respect to the X Series, the Account Value includes any Purchase Credits we applied to your Purchase Payments that we are entitled to recover under certain circumstances and the Account Value includes any Longevity Credit we apply. ANNUITIZATION The application of Account Value (or Protected Income Value for the Guaranteed Minimum Income Benefit, if applicable) to one of the available annuity options for the Annuitant to begin receiving periodic payments for life (or joint lives), for a guaranteed minimum number of payments or for life with a guaranteed minimum number of payments. ANNUITY DATE The date you choose for annuity payments to commence. The Annuity Date must be no later than the later of the Annuity anniversary coinciding with or next following the Annuitant's 95th birthday or the tenth Annuity anniversary. ANNUITY YEAR A 12-month period commencing on the Issue Date of the Annuity and each successive 12-month period thereafter. CODE The Internal Revenue Code of 1986, as amended from time to time. FIXED RATE OPTION An investment option that offers a fixed rate of interest for a specified Guarantee Period during the accumulation period. GUARANTEE PERIOD A period of time during the accumulation period where we credit a fixed rate of interest on a Fixed Rate Option. ISSUE DATE The effective date of your Annuity. OWNER With an Annuity issued as an individual annuity contract, the Owner is either an eligible entity or person named as having ownership rights in relation to the Annuity. With an Annuity issued as a certificate under a group annuity contract, the "Owner" refers to the person or entity who has the rights and benefits designated as to the "Participant" in the certificate. SURRENDER VALUE The value of your Annuity available upon surrender prior to the Annuity Date. It equals the Account Value as of the date we price the surrender minus any applicable CDSC, Annual Maintenance Fee, Tax Charge and the charge for any optional benefits and any additional amounts we applied to your Purchase Payments that we may be entitled to recover under certain circumstances. UNIT A measure used to calculate your Account Value in a Sub-account during the accumulation period. VALUATION DAY Every day the New York Stock Exchange is open for trading or any other day the Securities and Exchange Commission requires mutual funds or unit investment trusts to be valued. 3 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Summary of Contract Fees and Charges - -------------------------------------------------------------------------------- Below is a summary of the fees and charges for the Annuities. Some fees and charges are assessed against each Annuity while others are assessed against assets allocated to the Sub-accounts. The fees and charges that are assessed against an Annuity include any applicable Contingent Deferred Sales Charge, Transfer Fee, Tax Charge and Annual Maintenance Fee. The charges that are assessed against the Sub-accounts are the Mortality and Expense risk charge, the charge for Administration of the Annuity, and the charge for certain optional benefits you elect, other than the Guaranteed Minimum Income Benefit, which is assessed against the Protected Income Value. Each underlying mutual fund portfolio assesses a charge for investment management, other expenses and with some mutual funds, a 12b-1 charge. The prospectus for each underlying mutual fund provides more detailed information about the expenses for the underlying mutual funds. The following table provides a summary of the fees and charges you will pay if you surrender your Annuity or transfer Account Value among investment options. These fees and charges are described in more detail within this Prospectus.
YOUR TRANSACTION FEES AND CHARGES - --------------------------------------------------------------------------------------------------------------- (ASSESSED AGAINST EACH ANNUITY) B Series L Series FEE/CHARGE - --------------------------------------------------------------------------------------------------------------- up to 7.0% up to 7.0% The charge is a percentage of each appli- The charge is a percentage of each appli- cable Purchase Payment deducted upon cable Purchase Payment deducted upon surrender or withdrawal. The period dur- surrender or withdrawal. The period dur- ing which a particular percentage applies ing which a particular percentage applies Contingent Deferred is measured from the effective date of is measured from the effective date of Sales Charge* each Purchase Payment. each Purchase Payment. - --------------------------------------------------------------------------------------------------------------- $10.00 (currently, $10.00 (currently, $20.00 maximum) $20.00 maximum) (Currently, we deduct the fee after the (Currently, we deduct the fee after the 20th transfer each Annuity Year. We guar- 20th transfer each Annuity Year. We guar- antee that the number of charge free antee that the number of charge free transfers per Annuity Year will never be transfers per Annuity Year will never be Transfer Fee less than 8.) less than 8.) - --------------------------------------------------------------------------------------------------------------- YOUR TRANSACTION FEES AND CHARGES - ----------------------------------------------------------------- (ASSESSED AGAINST EACH ANNUITY) X Series FEE/CHARGE - ----------------------------------------------------------------- up to 9.0% The charge is a percentage of each appli- cable Purchase Payment deducted upon surrender or withdrawal. The period dur- ing which a particular percentage applies Contingent Deferred is measured from the effective date of Sales Charge* each Purchase Payment. - ----------------------------------------------------------------- $10.00 (currently, $20.00 maximum) (Currently, we deduct the fee after the 20th transfer each Annuity Year. We guar- antee that the number of charge free transfers per Annuity Year will never be Transfer Fee less than 8.) - -----------------------------------------------------------------
4 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- * The following are the Contingent Deferred Sales Charges (as a percentage of each applicable Purchase Payment) for each Annuity upon surrender or withdrawal. For purposes of calculating this charge we consider the year following the date of each Purchase Payment as Year 1.
- -------------------------------------------------------------------------------- B Series - -------------------------------------------------------------------------------- Yr. 1 Yr. 2 Yr. 3 Yr. 4 Yr. 5 Yr. 6 Yr. 7 Yr. 8+ - -------------------------------------------------------------------------------- 7.0% 6.0% 5.0% 4.0% 3.0% 2.0% 1.0% 0.0% - --------------------------------------------------------------------------------
-------------------------------------------------- L Series -------------------------------------------------- Yr. 1 Yr. 2 Yr. 3 Yr. 4 Yr. 5+ -------------------------------------------------- 7.0% 6.0% 5.0% 4.0% 0.0% --------------------------------------------------
- ---------------------------------------------------------------------------------------------------- X Series - ---------------------------------------------------------------------------------------------------- Yr. 1 Yr. 2 Yr. 3 Yr. 4 Yr. 5 Yr. 6 Yr. 7 Yr. 8 Yr. 9 Yr. 10+ - ---------------------------------------------------------------------------------------------------- 9.0% 8.5% 8.0% 7.0% 6.0% 5.0% 4.0% 3.0% 2.0% 0.0% - ----------------------------------------------------------------------------------------------------
5 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Summary of Contract Fees and Charges continued - -------------------------------------------------------------------------------- The following table provides a summary of the periodic fees and charges you will pay while you own your Annuity, excluding the underlying mutual fund Portfolio annual expenses. These fees and charges are described in more detail within this Prospectus.
YOUR PERIODIC FEES AND CHARGES - ---------------------------------------------------------------------------------------------------------------------- (ASSESSED AGAINST EACH ANNUITY) B Series L Series FEE/CHARGE - ---------------------------------------------------------------------------------------------------------------------- Smaller of $30 or 2% of Account Value Smaller of $30 or 2% of Account Value (Only applicable if Account Value is less (Only applicable if Account Value is less than $100,000) than $100,000) Annual Maintenance (Assessed annually on the Annuity's (Assessed annually on the Annuity's Fee anniversary date or upon surrender) anniversary date or upon surrender) - ---------------------------------------------------------------------------------------------------------------------- ANNUAL FEES/CHARGES OF THE SUB-ACCOUNTS(1) - ---------------------------------------------------------------------------------------------------------------------- (ASSESSED AS A PERCENTAGE OF THE DAILY NET ASSETS OF THE SUB-ACCOUNTS) FEE/CHARGE - ---------------------------------------------------------------------------------------------------------------------- Mortality & Expense Risk Charge(2) 1.00% 1.35% - ---------------------------------------------------------------------------------------------------------------------- Administration Charge(2) 0.15% 0.15% - ---------------------------------------------------------------------------------------------------------------------- Total Annual Charges of 1.15% per year of the value of each 1.50% per year of the value of each the Sub-accounts Sub-account Sub-account - ---------------------------------------------------------------------------------------------------------------------- YOUR PERIODIC FEES AND CHARGES - ---------------------------------------------------------------------- (ASSESSED AGAINST EACH ANNUITY) X Series FEE/CHARGE - ---------------------------------------------------------------------- Smaller of $30 or 2% of Account Value (Only applicable if Account Value is less than $100,000) Annual Maintenance (Assessed annually on the Annuity's Fee anniversary date or upon surrender) - ---------------------------------------------------------------------- ANNUAL FEES/CHARGES OF THE SUB-ACCOUNTS(1) - ---------------------------------------------------------------------- (ASSESSED AS A PERCENTAGE OF THE DAILY NET ASSETS OF THE SUB-ACCOUNTS) FEE/CHARGE - ---------------------------------------------------------------------- Mortality & Expense Risk Charge(2) 1.40% - ---------------------------------------------------------------------- Administration Charge(2) 0.15% - ---------------------------------------------------------------------- Total Annual Charges of 1.55% per year of the value of each the Sub-accounts Sub-account - ----------------------------------------------------------------------
1: These charges are deducted daily and apply to the Sub-accounts only. 2: The combination of the Mortality and Expense Risk Charge and Administration Charge is referred to as the "Insurance Charge" elsewhere in this Prospectus. 6 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- The following table provides a summary of the fees and charges you will pay if you elect any of the following optional benefits. Not all optional benefits may be purchased in combination with one another. You may only elect one optional living benefit. The optional living benefits are the Guaranteed Minimum Income Benefit, the Lifetime Five(SM) Income Benefit and the Spousal Lifetime Five(SM) Income Benefit. The only optional death benefit is the Highest Anniversary Value ("HAV") Death Benefit. If you elect the Spousal Lifetime Five(SM) Income Benefit, you are not permitted to also elect the optional Death Benefit. The fees and charges of each of the optional benefits are described in more detail within this Prospectus.
YOUR OPTIONAL BENEFIT FEES AND CHARGES - --------------------------------------------------------------------------------------------------------------- OPTIONAL BENEFIT - --------------------------------------------------------------------------------------------------------------- TOTAL OPTIONAL ANNUAL BENEFIT CHARGE* FEE/ for CHARGE B Series - --------------------------------------------------------------------------------------------------------------- GUARANTEED MINIMUM INCOME BENEFIT (GMIB) - --------------------------------------------------------------------------------------------------------------- We offer a program that, 0.50% per year of the average 1.15% PLUS 0.50% per year of after a seven-year waiting Protected Income Value during average Protected Income Value period, guarantees your each year; deducted annually in ability to begin receiving arrears each Annuity Year income from your Annuity in the form of annuity payments based on your total Purchase Payments and an annual increase of 5% on such Purchase Payments adjusted for withdrawals (called the "Protected Income Value"), regardless of the impact of market performance on your Account Value. LIFETIME FIVE INCOME BENEFIT - --------------------------------------------------------------------------------------------------------------- We offer a program that 0.60% of average daily net 1.75% guarantees your ability assets of the Sub-accounts to withdraw amounts equal to a percentage of an initial principal value, regardless of the impact of market performance on your Account Value, subject to our program rules regarding the timing and amount of withdrawals. OPTIONAL BENEFIT - --------------------------------------------------------------------------------------------------------------- TOTAL TOTAL ANNUAL ANNUAL CHARGE* CHARGE* for for L Series X Series - --------------------------------------------------------------------------------------------------------------- GUARANTEED MINIMUM INCOME BENEFIT (GMIB) - --------------------------------------------------------------------------------------------------------------- We offer a program that, 1.50% PLUS 0.50% per year of 1.55% PLUS 0.50% per year of after a seven-year waiting average Protected Income Value average Protected Income Value period, guarantees your ability to begin receiving income from your Annuity in the form of annuity payments based on your total Purchase Payments and an annual increase of 5% on such Purchase Payments adjusted for withdrawals (called the "Protected Income Value"), regardless of the impact of market performance on your Account Value. LIFETIME FIVE INCOME BENEFIT - --------------------------------------------------------------------------------------------------------------- We offer a program that 2.10% 2.15% guarantees your ability to withdraw amounts equal to a percentage of an initial principal value, regardless of the impact of market performance on your Account Value, subject to our program rules regarding the timing and amount of withdrawals.
7 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Summary of Contract Fees and Charges continued - --------------------------------------------------------------------------------
OPTIONAL BENEFIT - ------------------------------------------------------------------------------------------------------------------------------ TOTAL TOTAL TOTAL OPTIONAL ANNUAL ANNUAL ANNUAL BENEFIT CHARGE* CHARGE* CHARGE* FEE/ for for for CHARGE B Series L Series X Series - ------------------------------------------------------------------------------------------------------------------------------ SPOUSAL LIFETIME FIVE INCOME BENEFIT - ------------------------------------------------------------------------------------------------------------------------------ We offer a program that 0.75% of average daily net 1.90% 2.25% 2.30% guarantees until the later death assets of the Sub-accounts of two Designated Lives (as defined in this Prospectus) the ability to withdraw an annual amount equal to 5% of an initial principal value regardless of the impact of market performance on the Account Value, subject to our program rules regarding the timing and amount of withdrawals. HIGHEST ANNIVERSARY VALUE DEATH BENEFIT (HAV) - ------------------------------------------------------------------------------------------------------------------------------ We offer an Optional Death 0.25% of average daily net 1.40% 1.75% 1.80% Benefit that provides an assets of the Sub-accounts enhanced level of protection for your beneficiary(ies) by providing a death benefit equal to the greater of the basic Death Benefit and the Highest Anniversary Value, less proportional withdrawals. - ------------------------------------------------------------------------------------------------------------------------------ Please refer to the section of this Prospectus that describes each optional benefit for a complete description of the benefit, including any restrictions or limitations that may apply. - ------------------------------------------------------------------------------------------------------------------------------
* The Total Annual Charge includes the Insurance Charge assessed against the average daily net assets allocated to the Sub-accounts. If you elect more than one optional benefit, the Total Annual Charge would be increased to include the charge for each optional benefit. 8 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- The following table provides the range (minimum and maximum) of the total annual expenses for the underlying mutual funds ("Portfolios") as of December 31, 2005. Each figure is stated as a percentage of the underlying Portfolio's average daily net assets.
TOTAL ANNUAL PORTFOLIO OPERATING EXPENSES - -------------------------------------------------------------------------------- MINIMUM MAXIMUM - -------------------------------------------------------------------------------- Total Portfolio Operating Expense 0.63% 1.37% - --------------------------------------------------------------------------------
The following are the total annual expenses for each underlying mutual fund ("Portfolio") as of December 31, 2005, except as noted (2005 fees to be added). The "Total Annual Portfolio Operating Expenses" reflect the combination of the underlying Portfolio's investment management fee and other expenses. Each figure is stated as a percentage of the underlying Portfolio's average daily net assets. For certain of the underlying Portfolios, a portion of the management fee has been waived and/or other expenses have been partially reimbursed. Any such fee waivers and/or reimbursements have been reflected in the footnotes. The following expenses are deducted by the underlying Portfolio before it provides Pruco Life of New Jersey with the daily net asset value. Any footnotes about expenses appear after the list of all the Portfolios. The underlying Portfolio information was provided by the underlying mutual funds and has not been independently verified by us. See the prospectuses or statements of additional information of the underlying Portfolios for further details. The current prospectus and statement of additional information for the underlying Portfolios can be obtained by calling 1-888-PRU-2888.
UNDERLYING MUTUAL FUND PORTFOLIO ANNUAL EXPENSES - ------------------------------------------------------------------------------------------------- (AS A PERCENTAGE OF THE AVERAGE NET ASSETS OF THE UNDERLYING PORTFOLIOS) TOTAL ANNUAL PORTFOLIO MANAGEMENT OTHER 12b-1 OPERATING UNDERLYING PORTFOLIO FEES EXPENSES(1) FEES EXPENSES American Skandia Trust:(2, 3) - ------------------------------------------------------------------------------------------------- AST JPMorgan International Equity 1.00% 0.13% None 1.13% AST William Blair International Growth 1.00% 0.22% None 1.22% AST LSV International Value(4) 1.00% 0.37% None 1.37% AST MFS Global Equity 1.00% 0.35% None 1.35% AST Small-Cap Growth(5) 0.90% 0.24% None 1.14% AST DeAM Small-Cap Growth 0.95% 0.22% None 1.17% AST Federated Aggressive Growth 0.95% 0.24% None 1.19% AST Small-Cap Value(6) 0.90% 0.18% None 1.08% AST DeAM Small-Cap Value 0.95% 0.33% None 1.28% AST Goldman Sachs Mid-Cap Growth 1.00% 0.25% None 1.25% AST Neuberger Berman Mid-Cap Growth(7) 0.90% 0.18% None 1.08% AST Neuberger Berman Mid-Cap Value 0.90% 0.15% None 1.05% AST Mid-Cap Value(8) 0.95% 0.26% None 1.21% AST T. Rowe Price Natural Resources 0.90% 0.26% None 1.16% AST T. Rowe Price Large-Cap Growth(9) 0.90% 0.23% None 1.13% AST MFS Growth 0.90% 0.20% None 1.10% AST Marsico Capital Growth 0.90% 0.14% None 1.04% AST Goldman Sachs Concentrated Growth 0.90% 0.17% None 1.07% AST DeAM Large-Cap Value 0.85% 0.26% None 1.11% AST AllianceBernstein Core Value(10) 0.75% 0.24% None 0.99% AST Cohen & Steers Realty 1.00% 0.22% None 1.22%
9 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Summary of Contract Fees and Charges continued - --------------------------------------------------------------------------------
TOTAL ANNUAL PORTFOLIO MANAGEMENT OTHER 12b-1 OPERATING UNDERLYING PORTFOLIO FEES EXPENSES(1) FEES EXPENSES American Skandia Trust: (2, 3) continued - ------------------------------------------------------------------------------------------------- AST AllianceBernstein Managed Index 500(11) 0.60% 0.16% None 0.76% AST American Century Income & Growth 0.75% 0.24% None 0.99% AST AllianceBernstein Growth & Income(12) 0.75% 0.15% None 0.90% AST Large-Cap Value(13) 0.75% 0.19% None 0.94% AST Global Allocation(14) 0.89% 0.26% None 1.15% AST American Century Strategic Balanced 0.85% 0.27% None 1.12% AST T. Rowe Price Asset Allocation 0.85% 0.27% None 1.12% AST First Trust Balanced Target 0.85% 0.19% None 1.04% AST First Trust Capital Appreciation Target 0.85% 0.19% None 1.04% AST Advanced Strategies 0.85% 0.18% None 1.03% AST Aggressive Asset Allocation(15, 16) 1.04% 0.26% None 1.30% AST Capital Growth Asset Allocation(15, 16) 0.99% 0.25% None 1.24% AST Balanced Asset Allocation(15, 16) 0.95% 0.24% None 1.19% AST Conservative Asset Allocation(15, 16) 0.93% 0.23% None 1.16% AST Preservation Asset Allocation(15, 16) 0.88% 0.22% None 1.10% AST T. Rowe Price Global Bond 0.80% 0.27% None 1.07% AST High Yield(17) 0.75% 0.18% None 0.93% AST Lord Abbett Bond-Debenture 0.80% 0.22% None 1.02% AST PIMCO Total Return Bond 0.65% 0.16% None 0.81% AST PIMCO Limited Maturity Bond 0.65% 0.17% None 0.82% AST Money Market(18) 0.50% 0.13% None 0.63%
1: As noted above, shares of the Portfolios generally are purchased through variable insurance products. Many of the Portfolios and/or their investment advisers and/or distributors have entered into arrangements with us as the issuer of each Annuity under which they compensate us for providing ongoing services in lieu of the Trust providing such services. Amounts paid by a Portfolio under those arrangements are included under "Other Expenses." For more information see the prospectus for each underlying portfolio and, "Service Fees payable to Pruco Life," later in this prospectus. 2: The Portfolios' total actual annual operating expenses for the year ended December 31, 2004 were less than the amount shown in the table due to fee waivers, reimbursement of expenses and expense offset arrangements. These waivers, reimbursements, and offset arrangements are voluntary and may be terminated by American Skandia Investment Services, Inc. and Prudential Investments LLC at any time. After accounting for the waivers, reimbursements and offset arrangements, the Portfolios' actual annual operating expenses were:
TOTAL ACTUAL ANNUAL PORTFOLIO OPERATING EXPENSES PORTFOLIO NAME AFTER EXPENSE REIMBURSEMENT AST LSV International Value 1.22% AST DeAM Small-Cap Growth 1.02% AST DeAM Small-Cap Value 1.13% AST Goldman Sachs Mid-Cap Growth 1.13% AST Neuberger Berman Mid-Cap Growth 1.07% AST Neuberger Berman Mid-Cap Value 1.04% AST T. Rowe Price Large-Cap Growth 1.10% AST MFS Growth 1.07% AST Marsico Capital Growth 1.02% AST Goldman Sachs Concentrated Growth 1.00% AST DeAM Large-Cap Value 0.99% AST Cohen & Steers Realty 1.11% AST AllianceBernstein Growth & Income 0.87% AST Large-Cap Value 0.90% AST American Century Strategic Balanced 1.09% AST T. Rowe Price Asset Allocation 1.07% AST Lord Abbett Bond-Debenture Portfolio 0.97% AST PIMCO Total Return Bond 0.78% AST PIMCO Limited Maturity Bond 0.79% AST Money Market 0.58%
10 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- 3: Until November 18, 2004, the Trust had a Distribution Plan under Rule 12b-1 to permit an affiliate of the Trust's Investment Managers to receive brokerage commissions in connection with purchases and sales of securities held by the Portfolios, and to use these commissions to promote the sale of shares of the Portfolio. The Distribution Plan was terminated effective November 18, 2004. The total annual portfolio operating expenses do not reflect any brokerage commissions paid pursuant to the Distribution Plan prior to the Plan's termination. 4: Effective November 18, 2004, LSV Asset Management became the Sub-advisor of the Portfolio. Prior to November 18, 2004, Deutsche Asset Management, Inc. served as Sub-advisor of the Portfolio, then named "AST DeAM International Equity Portfolio." 5: Effective May 1, 2005, Eagle Asset Management and Neuberger Berman Management, Inc. became Co-Sub-advisors of the Portfolio. Prior to May 1, 2005, State Street Research and Management Company served as Sub-advisor of the Portfolio, then named "AST State Street Research Small-Cap Growth Portfolio." 6: Effective March 20, 2006, Dreman Value Management LLC, Salomon Brothers Asset Management, Inc., Integrity Asset Management, J.P. Morgan Investment Management, Inc., and Lee Munder Capital Group became Co-Sub-advisors of the Portfolio. Effective December 5, 2005, Salomon Brothers Asset Management, Inc., Integrity Asset Management, J.P. Morgan Investment Management, Inc., and Lee Munder Capital Group served as Co-Sub-advisors of the Portfolio. The name of the Portfolio remains unchanged. 7: Effective December 5, 2005, the AST Alger All-Cap Growth Portfolio merged into the AST Neuberger Berman Mid-Cap Growth Portfolio. The annual expenses for the successor portfolio is an estimate of what the expenses of the portfolio will be as a result of the merger. The annual expenses of the AST Neuberger Berman Mid-Cap Growth Portfolio prior to the Merger were as follows: Management Fee: 0.90%; Other Expenses: 0.22%; 12b-1 Fee: None; Total Annual Portfolio Operating Expenses: 1.12%. 8: Effective December 5, 2005, EARNEST Partners LLC and WEDGE Capital Management, LLP became Co-Sub-advisors of the Portfolio. Prior to December 5, 2005, GAMCO Investors, Inc. served as Sub-advisor of the Portfolio, then named the "AST Gabelli All-Cap Value Portfolio." 9: Effective December 5, 2005, T. Rowe Price became the Sub-advisor of the Portfolio. Prior to December 5, 2005, Alliance Capital Management, L.P. served as Sub-advisor of the Portfolio, then named the "AST AllianceBernstein Large-Cap Growth Portfolio." 10: Effective May 1, 2005, the name of the Portfolio was changed from "AST Sanford Bernstein Core Value Portfolio" to "AST AllianceBernstein Core Value Portfolio." 11: Effective May 1, 2005, the name of the Portfolio was changed from "AST Sanford Bernstein Managed Index 500 Portfolio" to "AST AllianceBernstein Managed Index 500 Portfolio." Effective December 5, 2005, the AST AllianceBernstein Growth + Value Portfolio merged into the AST AllianceBernstein Managed Index 500 Portfolio. The annual expenses for the successor portfolio is an estimate of what the expenses of the portfolio will be as a result of the merger. The annual expenses of the AST AllianceBernstein Managed Index 500 Portfolio prior to the Merger were as follows: Management Fee: 0.60%; Other Expenses: 0.17%; 12b-1 Fee: None; Total Annual Portfolio Operating Expenses: 0.77%. 12: Effective May 1, 2005, the name of the Portfolio was changed from "AST Alliance Growth and Income Portfolio" to "AST AllianceBernstein Growth & Income Portfolio." 13: Effective March 20, 2006, Dreman Value Management LLC, J.P. Morgan Investment Management, Inc. and Hotchkis & Wiley Capital Management, LLC became Co-Sub-advisors of the Portfolio. Effective December 5, 2005, J.P. Morgan Investment Management, Inc. and Hotchkis & Wiley Capital Management, LLC served as Co-Sub-advisors of the Portfolio. Prior to December 5, 2005, Hotchkis & Wiley Capital Management, LLC served as Sub-advisor of the Portfolio, then named the "AST Hotchkis & Wiley Large-Cap Value Portfolio." 14: The AST Global Allocation Portfolio invests primarily in shares of other AST Portfolios (the "Underlying Portfolios"). a: The only management fee directly paid by the Portfolio is a 0.10% fee paid to American Skandia Investment Services, Inc. and Prudential Investments LLC. The management fee shown in the chart for the Portfolio is (i) that 0.10% management fee paid by the Portfolio plus (ii) an estimate of the management fees paid by the Underlying Portfolios, which are borne indirectly by investors in the Portfolio. The estimate was calculated based on the percentage of the Portfolio invested in each Underlying Portfolio as of December 31, 2004 using the management fee rates shown in the chart above. b: The expense information shown in the chart for the Portfolio reflects (i) the expenses of the Portfolio itself plus (ii) an estimate of the expenses paid by the Underlying Portfolios, which are borne indirectly by investors in the Portfolio. The estimate was calculated based on the percentage of the Portfolio invested in each Underlying Portfolio as of December 31, 2004 using the expense rates for the Underlying Portfolios shown in the above chart. c: Effective May 1, 2005, Prudential Investment LLC provides day-to-day management of the Portfolio. Prior to May 1, 2005, Deutsche Asset Management, Inc. served as Sub-advisor of the Portfolio, then named "AST DeAM Global Allocation Portfolio." 15: Based in part on estimated amounts for the current fiscal year. Each Asset Allocation Portfolio invests primarily in shares of one or more Underlying Portfolios. The only management fee directly paid by an Asset Allocation Portfolio is a 0.15% fee paid to the Investment Managers. The management fee shown in the chart for each Asset Allocation Portfolio is (i) the 0.15% management fee to be paid by the Asset Allocation Portfolios to the Investment Managers plus (ii) a weighted average estimate of the management fees to be paid by the Underlying Portfolios to the Investment Managers, which are borne indirectly by investors in the Asset Allocation Portfolio. Each weighted average estimate of the management fees to be paid by the Underlying Portfolios is based on the expected initial division of assets among the equity and debt/money market asset classes for the applicable Asset Allocation Portfolio and the annual operating expense ratios for the Underlying Portfolios as set forth in the Underlying Portfolio Prospectus. The management fees paid by an Asset Allocation Portfolio may be greater or less than those indicated above. 16: Based on the estimated amounts for the current fiscal year. The other expenses shown in the chart for each Asset Allocation Portfolio include: (i) the other expenses expected to be paid by the Asset Allocation Portfolio to the Investment Managers and other service providers plus (ii) a weighted average estimate of the other expenses to be paid by the Underlying Portfolios to the Investment Managers and other service providers, which are borne indirectly by investors in the Asset Allocation Portfolio. Each weighted average estimate of the other expenses to be paid by the Underlying Portfolios is based on the expected initial division of assets among the equity and debt/money market asset classes for the applicable Asset Allocation Portfolio and the annual operating expense ratios for the Underlying Portfolios as set forth in the Underlying Portfolio Prospectus. The other expenses paid by an Asset Allocation Portfolio may be greater or less than those indicated above. A description of the types of costs that are included as other expenses for the Underlying Portfolios is set forth under the caption "Management of the Trust -- Other Expenses" in the Underlying Portfolio Prospectus. 17: Effective March 20, 2006, Pacific Investment Management Company, LLC and Goldman Sachs Asset Management L.P. became Co-Sub-advisors of the Portfolio. Prior to March 20, 2005, Goldman Sachs Asset Management L.P. served as Sub-advisor of the Portfolio, then named "AST Goldman Sachs High Yield Portfolio." 18: Effective December 5, 2005, Prudential Investment Management, Inc. became the Sub-advisor of the Portfolio. Prior to December 5, 2005, Wells Capital Management, Inc. served as Sub-advisor of the Portfolio. The name of the Portfolio remains unchanged. 11 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Expense Examples - -------------------------------------------------------------------------------- These examples are intended to help you compare the cost of investing in one Pruco Life of New Jersey Annuity with the cost of investing in other Pruco Life of New Jersey Annuities and/or other variable annuities. Below are examples for each Annuity showing what you would pay in expenses at the end of the stated time periods had you invested $10,000 in the Annuity and your investment has a 5% return each year. The examples reflect the following fees and charges for each Annuity as described in "Summary of Contract Fees and Charges": o Insurance Charge o Contingent Deferred Sales Charge (when and if applicable) o Annual Maintenance Fee The examples also assume the following for the period shown: o You allocate all of your Account Value to the Sub-account with the maximum total operating expenses, and those expenses remain the same each year o You make no withdrawals of Account Value o You make no transfers, or other transactions for which we charge a fee o No tax charge applies o You elect the Lifetime Five Income Benefit and the Highest Anniversary Value Death Benefit o For the X Series example, the Purchase Credit applicable to the Annuity is 5% of the Purchase Payment* o For the X Series example, the Longevity Credit does not apply. Amounts shown in the examples are rounded to the nearest dollar. * The Purchase Credit that is applied to Purchase Payments received depends upon the age of the Owner when the Purchase Payment was made. (See "How do I Receive Purchase Credits?") The examples are illustrative only -- they should not be considered a representation of past or future expenses of the underlying mutual funds or their portfolios -- actual expenses will be less than those shown if you elect a different combination of optional benefits than indicated in the examples or if you allocate Account Value to any other available Sub-accounts. Expense Examples are provided as follows: 1.) if you surrender the Annuity at the end of the stated time period; 2.) if you annuitize at the end of the stated time period; and 3.) if you do not surrender your Annuity. Since the Annuities are first being offered as of the effective date of this prospectus, no accumulation values are available.
IF YOU SURRENDER YOUR ANNUITY AT THE IF YOU ANNUITIZE YOUR ANNUITY AT THE IF YOU DO NOT SURRENDER END OF THE APPLICABLE TIME PERIOD: END OF THE APPLICABLE TIME PERIOD:(1) YOUR ANNUITY: - ---------------------------------------------------------------------------------------------------------------------------- 1 YR 3 YRS 5 YRS 10 YRS 1 YR 3 YRS 5 YRS 10 YRS 1 YR 3 YRS 5 YRS 10 YRS B Series N/A N/A N/A N/A L Series N/A N/A N/A N/A X Series N/A N/A N/A N/A
1: You may not annuitize in the first Annuity Year. 12 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Investment Options - -------------------------------------------------------------------------------- WHAT ARE THE INVESTMENT OBJECTIVES AND POLICIES OF THE PORTFOLIO? Each variable investment option is a Sub-account of the Pruco Life of New Jersey Flexible Premium Variable Annuity Account (see "What is the Separate Account" for more detailed information). Each Sub-account invests exclusively in one Portfolio. You should carefully read the prospectus for any Portfolio in which you are interested. The following chart classifies each of the Portfolios based on our assessment of their investment style (as of the date of this Prospectus). The chart also provides a description of each Portfolio's investment objective (in italics) and a short, summary description of their key policies to assist you in determining which Portfolios may be of interest to you. There is no guarantee that any underlying Portfolio will meet its investment objective. The name of the advisor/sub-advisor for each Portfolio appears next to the description. Those Portfolios whose name includes the prefix "AST" are Portfolios of American Skandia Trust. The investment managers for AST are American Skandia Investment Services, Incorporated, a Prudential Financial Company, and Prudential Investments LLC, affiliated companies of Pruco Life of New Jersey. However, a sub-advisor, as noted below, is engaged to conduct day-to-day management. The Portfolios are not publicly traded mutual funds. They are only available as investment options in variable annuity contracts and variable life insurance policies issued by insurance companies, or in some cases, to participants in certain qualified retirement plans. However, some of the Portfolios available as Sub-accounts under the Annuities are managed by the same portfolio advisor or sub-advisor as a retail mutual fund of the same or similar name that the Portfolio may have been modeled after at its inception. Certain retail mutual funds may also have been modeled after a Portfolio. While the investment objective and policies of the retail mutual funds and the Portfolios may be substantially similar, the actual investments will differ to varying degrees. Differences in the performance of the funds can be expected, and in some cases could be substantial. You should not compare the performance of a publicly traded mutual fund with the performance of any similarly named Portfolio offered as a Sub-account. Details about the investment objectives, policies, risks, costs and management of the Portfolios are found in the prospectuses for the underlying mutual funds. The current prospectus and statement of additional information for the underlying Portfolios can be obtained by calling 1-888-PRU-2888. 13 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Investment Options continued - --------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------------- PORTFOLIO STYLE/ ADVISOR/ TYPE INVESTMENT OBJECTIVES/POLICIES SUB-ADVISOR - -------------------------------------------------------------------------------------------------------------------------------- International AST JPMorgan International Equity: seeks long-term capital growth by J.P. Morgan Equity investing in a diversified portfolio of international equity securities. The Portfolio Fleming Asset seeks to meet its objective by investing, under normal market conditions, at least Management 80% of its assets in a diversified portfolio of equity securities of companies located or operating in developed non-U.S. countries and emerging markets of the world. - -------------------------------------------------------------------------------------------------------------------------------- International AST LSV International Value (formerly AST DeAM International Equity) seeks LSV Asset Equity capital growth. The Portfolio pursues its objective by primarily investing at least Management 80% of the value of its assets in the equity securities of companies in developed non-U.S. countries that are represented in the MSCI EAFE Index. - -------------------------------------------------------------------------------------------------------------------------------- International AST MFS Global Equity: seeks capital growth. Under normal circumstances the Massachusetts Equity Portfolio invests at least 80% of its assets in equity securities of U.S. and Financial Services foreign issuers (including issuers in developing countries). The Portfolio generally Company seeks to purchase securities of companies with relatively large market capitalizations relative to the market in which they are traded. - -------------------------------------------------------------------------------------------------------------------------------- Small Cap AST Small-Cap Growth (formerly AST State Street Research Small-Cap Eagle Asset Growth Growth): seeks long-term capital growth. The Portfolio pursues its objective by Management, primarily investing in the common stocks of small-capitalization companies. Neuberger Berman Management, Inc. - -------------------------------------------------------------------------------------------------------------------------------- Small Cap AST DeAM Small-Cap Growth: seeks maximum growth of investors' capital Deutsche Asset Growth from a portfolio of growth stocks of smaller companies. The Portfolio pursues its Management, Inc. objective, under normal circumstances, by primarily investing at least 80% of its total assets in the equity securities of small-sized companies included in the Russell 2000 Growth(R) Index. - -------------------------------------------------------------------------------------------------------------------------------- Small Cap AST Federated Aggressive Growth: seeks capital growth. The Portfolio Federated Equity Growth pursues its investment objective by investing primarily in the stocks of small Management companies that are traded on national security exchanges, the NASDAQ stock Company of exchange and the over-the-counter-market. Pennsylvania/ Federated Global Investment Management Corp. - -------------------------------------------------------------------------------------------------------------------------------- Small Cap AST Small-Cap Value: seeks to provide long-term capital growth by investing Integrity Asset Value primarily in small-capitalization stocks that appear to be undervalued. The Management; Lee Portfolio will have a non-fundamental policy to invest, under normal Munder Investments, circumstances, at least 80% of the value of its net assets in small-capitalization Ltd.; J.P. Morgan stocks. The Portfolio will focus on common stocks that appear to be undervalued. Investment Management, Inc.; Salomon Brothers Asset Management, Inc.; Dreman Value Management LLC - -------------------------------------------------------------------------------------------------------------------------------- Small Cap AST DeAM Small-Cap Value: seeks maximum growth of investors' capital. Deutsche Asset Value The Portfolio pursues its objective, under normal market conditions, by primarily Management, Inc. investing at least 80% of its total assets in the equity securities of small-sized companies included in the Russell 2000(R) Value Index. - --------------------------------------------------------------------------------------------------------------------------------
14 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - --------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------------- PORTFOLIO STYLE/ ADVISOR/ TYPE INVESTMENT OBJECTIVES/POLICIES SUB-ADVISOR - -------------------------------------------------------------------------------------------------------------------------------- Mid Cap AST Goldman Sachs Mid-Cap Growth: seeks long-term capital growth. The Goldman Sachs Growth Portfolio pursues its investment objective, by investing primarily in equity Asset Management, securities selected for their growth potential, and normally invests at least 80% L.P. of the value of its assets in medium capitalization companies. - -------------------------------------------------------------------------------------------------------------------------------- Mid Cap AST Neuberger Berman Mid-Cap Growth (AST Alger All Cap Growth merged Neuberger Berman Growth into this portfolio): seeks capital growth. Under normal market conditions, the Management Inc. Portfolio primarily invests at least 80% of its net assets in the common stocks of mid-cap companies. The Sub-advisor looks for fast-growing companies that are in new or rapidly evolving industries. - -------------------------------------------------------------------------------------------------------------------------------- Mid Cap Value AST Neuberger Berman Mid-Cap Value: seeks capital growth. Under normal Neuberger Berman market conditions, the Portfolio primarily invests at least 80% of its net assets Management Inc. in the common stocks of mid-cap companies. Under the Portfolio's value-oriented investment approach, the Sub-advisor looks for well-managed companies whose stock prices are undervalued and that may rise before other investors realize their worth. - -------------------------------------------------------------------------------------------------------------------------------- Mid Cap Value AST Mid-Cap Value (formerly AST Gabelli All-Cap Value): seeks to provide EARNEST Partners capital growth by investing primarily in mid-capitalization stocks that appear to LLC/Wedge Capital be undervalued. The Portfolio has a non-fundamental policy to invest, under Management, LLP normal circumstances, at least 80% of the value of its net assets in mid- capitalization companies. - -------------------------------------------------------------------------------------------------------------------------------- Specialty AST T. Rowe Price Natural Resources: seeks long-term capital growth T. Rowe Price primarily through the common stocks of companies that own or develop natural Associates, Inc. resources (such as energy products, precious metals and forest products) and other basic commodities. The Portfolio normally invests primarily (at least 80% of its total assets) in the common stocks of natural resource companies whose earnings and tangible assets could benefit from accelerating inflation. - -------------------------------------------------------------------------------------------------------------------------------- Large Cap AST T. Rowe Price Large-Cap Growth (formerly AST AllianceBernstein T. Rowe Price Growth Large-Cap Growth): seeks long-term growth of capital by investing predominantly Associates, Inc. in the equity securities of a limited number of larger, carefully selected, high- quality U.S. companies that are judged likely to achieve superior earnings growth. The Portfolio takes a growth approach to investment selection and normally invests at least 80% of its net assets in the common stocks of large cap companies. - -------------------------------------------------------------------------------------------------------------------------------- Large Cap AST MFS Growth: seeks long-term capital growth and future income. Under Massachusetts Growth normal market conditions, the Portfolio invests at least 80% of its total assets in Financial Services common stocks and related securities, such as preferred stocks, convertible Company securities and depositary receipts, of companies that the Sub-advisor believes offer better than average prospects for long-term growth. - -------------------------------------------------------------------------------------------------------------------------------- Large Cap AST Marsico Capital Growth: seeks capital growth. Income realization is Marsico Capital Growth not an investment objective and any income realized on the Portfolio's Management, LLC investments, therefore, will be incidental to the Portfolio's objective. The Portfolio will pursue its objective by investing primarily in common stocks of larger, more established companies. - --------------------------------------------------------------------------------------------------------------------------------
15 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Investment Options continued - --------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------------- PORTFOLIO STYLE/ ADVISOR/ TYPE INVESTMENT OBJECTIVES/POLICIES SUB-ADVISOR - -------------------------------------------------------------------------------------------------------------------------------- Large Cap AST Goldman Sachs Concentrated Growth: seeks growth of capital in a Goldman Sachs Growth manner consistent with the preservation of capital. Realization of income is not Asset Management, a significant investment consideration and any income realized on the Portfolio's L.P. investments, therefore, will be incidental to the Portfolio's objective. The Portfolio will pursue its objective by investing primarily in equity securities of companies that the Sub-advisor believes have potential to achieve capital appreciation over the long-term. - -------------------------------------------------------------------------------------------------------------------------------- Large Cap AST DeAM Large-Cap Value: seeks maximum growth of capital by investing Deutsche Asset Value primarily in the value stocks of larger companies. The Portfolio pursues its Management, Inc. objective, under normal market conditions, by primarily investing at least 80% of the value of its assets in the equity securities of large-sized companies included in the Russell 1000(R) Value Index. - -------------------------------------------------------------------------------------------------------------------------------- Large Cap AST AllianceBernstein Core Value (formerly AST Sanford Bernstein Core Alliance Capital Growth Value Value): seeks long-term capital growth by investing primarily in common Management, L.P. stocks. The Sub-advisor expects that the majority of the Portfolio's assets will be invested in the common stocks of large companies that appear to be undervalued. - -------------------------------------------------------------------------------------------------------------------------------- Specialty AST Cohen & Steers Realty: seeks to maximize total return through Cohen & Steers investment in real estate securities. The Portfolio pursues its investment Capital objective by investing, under normal circumstances, at least 80% of its net Management, Inc. assets in securities of real estate issuers. - -------------------------------------------------------------------------------------------------------------------------------- Large Cap AST AllianceBernstein Managed Index 500 (AST AllianceBernstein Growth + Alliance Capital Blend Value merged into this portfolio): seeks to outperform the S&P 500 through stock Management, L.P. selection resulting in different weightings of common stocks relative to the index. The Portfolio will invest, under normal circumstances, at least 80% of its net assets in securities included in the Standard & Poor's 500 Composite Stock Price Index. - -------------------------------------------------------------------------------------------------------------------------------- Large Cap AST American Century Income & Growth: seeks capital growth with current American Century Value income as a secondary objective. The Portfolio invests primarily in common Investment stocks that offer potential for capital growth, and may, consistent with its Management, Inc. investment objective, invest in stocks that offer potential for current income. - -------------------------------------------------------------------------------------------------------------------------------- Large Cap AST AllianceBernstein Growth & Income: seeks long-term growth of capital Alliance Capital Value and income while attempting to avoid excessive fluctuations in market value. The Management, L.P. Portfolio normally will invest in common stocks (and securities convertible into common stocks). - -------------------------------------------------------------------------------------------------------------------------------- Large Cap AST Large-Cap Value (formerly AST Hotchkis & Wiley Large-Cap Value): seeks Hotchkis & Wiley Value current income and long-term growth of income, as well as capital appreciation. Capital The Portfolio invests, under normal circumstances, at least 80% of its net assets Management, LLC; in common stocks of large-cap U.S. companies. The Portfolio focuses on common J.P. Morgan stocks that have a high cash dividend or payout yield relative to the market or Investment that possess relative value within sectors. Management, Inc.; Dreman Value Management LLC - --------------------------------------------------------------------------------------------------------------------------------
16 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - --------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------------- PORTFOLIO STYLE/ ADVISOR/ TYPE INVESTMENT OBJECTIVES/POLICIES SUB-ADVISOR - -------------------------------------------------------------------------------------------------------------------------------- Asset AST Global Allocation (formerly AST DeAM Global Allocation): seeks to obtain Prudential Allocation/ the highest potential total return consistent with a specified level of risk Investments LLC Balanced tolerance. The Portfolio seeks to achieve its investment objective by investing in several other AST Portfolios ("Underlying Portfolios"). The Portfolio intends its strategy of investing in combinations of Underlying Portfolios to result in investment diversification that an investor could otherwise achieve only by holding numerous investments. - -------------------------------------------------------------------------------------------------------------------------------- Asset AST American Century Strategic Balanced: seeks capital growth and American Century Allocation/ current income. The Sub-advisor intends to maintain approximately 60% of the Investment Balanced Portfolio's assets in equity securities and the remainder in bonds and other fixed Management, Inc. income securities. - -------------------------------------------------------------------------------------------------------------------------------- Asset AST T. Rowe Price Asset Allocation: seeks a high level of total return by T. Rowe Price Allocation/ investing primarily in a diversified portfolio of fixed income and equity securities. Associates, Inc. Balanced The Portfolio normally invests approximately 60% of its total assets in equity securities and 40% in fixed income securities. This mix may vary depending on the Sub-advisor's outlook for the markets. - -------------------------------------------------------------------------------------------------------------------------------- Asset AST First Trust Balanced Target: seeks long-term capital growth balanced by First Trust Advisors Allocation/ current income. The portfolio normally invests approximately 65% of its total L.P. Balanced assets in equity securities and 35% in fixed income securities. Depending on market conditions, the equity portion may range between 60-70% and the fixed income portion between 30-40%. The Portfolio allocates its assets across a number of uniquely specialized quantitative investment strategies. - -------------------------------------------------------------------------------------------------------------------------------- Asset AST First Trust Capital Appreciation Target: seeks long-term growth of First Trust Advisors Allocation/ capital. The portfolio normally invests approximately 80% of its total assets in L.P. Balanced equity securities and 20% in fixed income securities. Depending on market conditions, the equity portion may range between 75-85% and the fixed income portion between 15-25%. The Portfolio allocates its assets across a number of uniquely specialized quantitative investment strategies. - -------------------------------------------------------------------------------------------------------------------------------- Asset AST Advanced Strategies: seeks a high level of absolute return. The Portfolio Marsico Capital Allocation/ invests primarily in a diversified portfolio of equity and fixed income securities Management, LLC; Balanced across different investment categories and investment managers. The Portfolio T. Rowe Price pursues a combination of traditional and non-traditional investment strategies. Associates, Inc.; LSV Asset Management; William Blair & Company, L.L.C.; Pacific Investment Management Company LLC (PIMCO); Prudential Investments LLC - --------------------------------------------------------------------------------------------------------------------------------
17 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Investment Options continued - --------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------------- PORTFOLIO STYLE/ ADVISOR/ TYPE INVESTMENT OBJECTIVES/POLICIES SUB-ADVISOR - -------------------------------------------------------------------------------------------------------------------------------- Asset AST Aggressive Asset Allocation: seeks the highest potential total return American Skandia Allocation/ consistent with its specified level of risk tolerance. The Portfolio will invest its Investment Balanced assets in several other American Skandia Trust Portfolios. Under normal market Services, Inc./ conditions, the Portfolio will devote between 92.5% to 100% of its net assets to Prudential underlying portfolios investing primarily in equity securities, and 0% to 7.5% of Investments LLC its net assets to underlying portfolios investing primarily in debt securities and money market instruments. - -------------------------------------------------------------------------------------------------------------------------------- Asset AST Capital Growth Asset Allocation: seeks the highest potential total return American Skandia Allocation/ consistent with its specified level of risk tolerance. The Portfolio will invest its Investment Balanced assets in several other American Skandia Trust Portfolios. Under normal market Services, Inc./ conditions, the Portfolio will devote between 72.5% to 87.5% of its net assets Prudential to underlying portfolios investing primarily in equity securities, and 12.5% to Investments LLC 27.5% of its net assets to underlying portfolios investing primarily in debt securities and money market instruments. - -------------------------------------------------------------------------------------------------------------------------------- Asset AST Balanced Asset Allocation: seeks the highest potential total return American Skandia Allocation/ consistent with its specified level of risk tolerance. The Portfolio will invest its Investment Balanced assets in several other American Skandia Trust Portfolios. Under normal market Services, Inc./ conditions, the Portfolio will devote between 57.5% to 72.5% of its net assets Prudential to underlying portfolios investing primarily in equity securities, and 27.5% to Investments LLC 42.5% of its net assets to underlying portfolios investing primarily in debt securities and money market instruments. - -------------------------------------------------------------------------------------------------------------------------------- Asset AST Conservative Asset Allocation: seeks the highest potential total return American Skandia Allocation/ consistent with its specified level of risk tolerance. The Portfolio will invest its Investment Balanced assets in several other American Skandia Trust Portfolios. Under normal market Services, Inc./ conditions, the Portfolio will devote between 47.5% to 62.5% of its net assets Prudential to underlying portfolios investing primarily in equity securities, and 37.5% to Investments LLC 52.5% of its net assets to underlying portfolios investing primarily in debt securities and money market instruments. - -------------------------------------------------------------------------------------------------------------------------------- Asset AST Preservation Asset Allocation: seeks the highest potential total return American Skandia Allocation/ consistent with its specified level of risk tolerance. The Portfolio will invest its Investment Balanced assets in several other American Skandia Trust Portfolios. Under normal market Services, Inc./ conditions, the Portfolio will devote between 27.5% to 42.5% of its net assets Prudential to underlying portfolios investing primarily in equity securities, and 57.5% to Investments LLC 72.5% of its net assets to underlying portfolios investing primarily in debt securities and money market instruments. - -------------------------------------------------------------------------------------------------------------------------------- Fixed Income AST T. Rowe Price Global Bond: seeks to provide high current income and T. Rowe Price capital growth by investing in high quality foreign and U.S. dollar-denominated International, Inc. bonds. The Portfolio will invest at least 80% of its total assets in fixed income securities, including high quality bonds issued or guaranteed by U.S. or foreign governments or their agencies and by foreign authorities, provinces and municipalities as well as investment grade corporate bonds and mortgage and asset-backed securities of U.S. and foreign issuers. - --------------------------------------------------------------------------------------------------------------------------------
18 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - --------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------------- PORTFOLIO STYLE/ ADVISOR/ TYPE INVESTMENT OBJECTIVES/POLICIES SUB-ADVISOR - -------------------------------------------------------------------------------------------------------------------------------- Fixed Income AST High Yield (formerly AST Goldman Sachs High Yield Portfolio): seeks a Goldman Sachs high level of current income and may also consider the potential for capital Asset Management, appreciation. The Portfolio invests, under normal circumstances, at least 80% of L.P.; Pacific its net assets plus any borrowings for investment purposes (measured at time of Investment purchase) in high-yield, fixed-income securities that, at the time of purchase, are Management non-investment grade securities. Company, LLC (PIMCO) - -------------------------------------------------------------------------------------------------------------------------------- Fixed Income AST Lord Abbett Bond-Debenture: seeks high current income and the Lord, Abbett & Co. opportunity for capital appreciation to produce a high total return. To pursue its LLC objective, the Portfolio will invest, under normal circumstances, at least 80% of the value of its assets in fixed income securities and normally invests primarily in high yield and investment grade debt securities, securities convertible into common stock and preferred stocks. - -------------------------------------------------------------------------------------------------------------------------------- Fixed Income AST PIMCO Total Return Bond: seeks to maximize total return consistent with Pacific Investment preservation of capital and prudent investment management. The Portfolio will Management invest in a diversified portfolio of fixed-income securities of varying maturities. Company LLC The average portfolio duration of the Portfolio generally will vary within a three- (PIMCO) to six-year time frame based on the Sub-advisor's forecast for interest rates. - -------------------------------------------------------------------------------------------------------------------------------- Fixed Income AST PIMCO Limited Maturity Bond: seeks to maximize total return consistent Pacific Investment with preservation of capital and prudent investment management. The Portfolio Management will invest in a diversified portfolio of fixed-income securities of varying Company LLC maturities. The average portfolio duration of the Portfolio generally will vary (PIMCO) within a one- to three-year time frame based on the Sub-advisor's forecast for interest rates. - -------------------------------------------------------------------------------------------------------------------------------- Fixed Income AST Money Market: seeks high current income while maintaining high levels Prudential of liquidity. The Portfolio attempts to accomplish its objective by maintaining a Investment dollar-weighted average maturity of not more than 90 days and by investing in Management, Inc. securities which have effective maturities of not more than 397 days. - --------------------------------------------------------------------------------------------------------------------------------
"Standard & Poor's(R), "S&P(R)," "S&P 500(R)," "Standard & Poor's 500," and "500" are trademarks of the McGraw-Hill Companies, Inc. and have been licensed for use by American Skandia Investment Services, Incorporated. The Portfolio is not sponsored, endorsed, sold or promoted by Standard & Poor's and Standard & Poor's makes no representation regarding the advisability of investing in the Portfolio. WHAT ARE THE FIXED RATE OPTIONS? One-Year Fixed Interest Rate Option We offer a one-year Fixed Rate Option. When you select this option, your payment will earn interest at the established rate for the applicable interest rate period. A new interest rate period is established every time you allocate or transfer money into a Fixed Rate Option. You may have money allocated in more than one interest rate period at the same time. This could result in your money earning interest at different rates and each interest rate period maturing at a different time. While these interest rates may change from time to time they will not be less than the minimum interest rate indicated in your Annuity which currently is 1.5% annually. Amounts allocated to the Fixed Rate Option become part of Pruco Life of New Jersey's general assets. We set a one-year base guaranteed annual interest rate for the one-year Fixed Rate Option. We may also provide an additional interest rate on each purchase payment allocated to this option for the first year after the payment. This additional interest rate will not apply to amounts transferred from other investment options within an Annuity or amounts remaining in this option for more than one year. 19 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Investment Options continued - -------------------------------------------------------------------------------- We will permit transfers out of the one-year Fixed Rate Option only during the 30 day period following the end of the one-year period. We retain the right to limit the amount of Account Value that may be transferred into or out of the one-year Fixed Rate Option. In addition, we reserve the right to cease offering this investment option for periods of time. Other Fixed Rate Interest Options We May Offer From Time to Time From time to time we may offer an Enhanced Dollar Cost Averaging ("DCA") program. If we do, you may allocate all or part of any Purchase Payment to the Enhanced Fixed Rate Option. You would then automatically transfer amounts over stated periods (e.g., six or twelve months) from the Enhanced Fixed Rate Option to the permissible Sub-accounts, that you select. We reserve the right at any time to limit the investment options into which Enhanced Fixed Rate Option assets are transferred. You may not thereafter change the period during which transfers will be made. After selecting the time period over which transfers will occur, you may not thereafter change the period during which transfers will be made. You may allocate Purchase Payments to more than one transfer period. You may not transfer from other investment options to the Enhanced Fixed Rate Option. The first periodic transfer will occur on the date you allocate your Purchase Payment to the Enhanced Fixed Rate Option or the date following the end of any free-look period, if later. Subsequent transfers will occur on the monthly anniversary of the first transfer. The amount of each periodic transfer will be based on the period of time during which transfers are scheduled to occur. For example, if you choose a six-payment transfer schedule, each transfer generally will equal 1/6th of the amount you allocated to the Enhanced Fixed Rate Option. The final transfer amount generally will also include the credited interest. You may change at any time the investment options into which the Enhanced Fixed Rate Option assets are transferred, provided that any such investment option is one that we permit. You may make a one time transfer of the remaining value out of your Enhanced Fixed Rate Option, if you so choose. Transfers from the Enhanced Fixed Rate Option do not count toward the maximum number of free transfers allowed under the contract. If you make a withdrawal or have a fee assessed from your Annuity, and all or part of that withdrawal or fee comes out of the Enhanced Fixed Rate Option, we will recalculate the periodic transfer amount to reflect the change. This recalculation may include some or all of the interest credited to the date of the next scheduled transfer. By investing amounts on a regular basis instead of investing the total amount at one time, the DCA program may decrease the effect of market fluctuation on the investment of your purchase payment. Of course, Dollar Cost Averaging cannot ensure a profit or protect against loss in a declining market. NOTE: When a DCA program is established from a Fixed Rate Option, the fixed rate of interest we credit to your Account Value is applied to a declining balance due to the transfers of Account Value to the Sub-accounts during the Guarantee Period. This will reduce the effective rate of return on the Fixed Rate Option over the Guarantee Period. 20 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Fees and Charges - -------------------------------------------------------------------------------- The charges under the contracts are designed to cover, in the aggregate, our direct and indirect costs of selling, administering and providing benefits under the contracts. They are also designed, in the aggregate, to compensate us for the risks of loss we assume pursuant to the contracts. If, as we expect, the charges that we collect from the contracts exceed our total costs in connection with the contracts, we will earn a profit. Otherwise we will incur a loss. For example, Pruco Life of New Jersey may make a profit on the Insurance Charge if, over time, the actual costs of providing the guaranteed insurance obligations under an Annuity are less than the amount we deduct for the Insurance Charge. To the extent we make a profit on the Insurance Charge, such profit may be used for any other corporate purpose, including payment of other expenses that Pruco Life of New Jersey incurs in promoting, distributing, issuing and administering an Annuity and, in the case of the X Series, to offset a portion of the costs associated with offering the Credit features which are funded through Pruco Life of New Jersey's general account. The rates of certain of our charges have been set with reference to estimates of the amount of specific types of expenses or risks that we will incur. In most cases, this prospectus identifies such expenses or risks in the name of the charge; however, the fact that any charge bears the name of, or is designed primarily to defray a particular expense or risk does not mean that the amount we collect from that charge will never be more than the amount of such expense or risk, nor does it mean that we may not also be compensated for such expense or risk out of any other charges we are permitted to deduct by the terms of the contract. A portion of the proceeds that Pruco Life of New Jersey receives from charges that apply to the Sub-accounts may include amounts based on market appreciation of the Sub-account values including appreciation on amounts that represent any Purchase Credit or Longevity Credit. WHAT ARE THE CONTRACT FEES AND CHARGES? Contingent Deferred Sales Charge (CDSC): We do not deduct a sales charge from Purchase Payments you make to your Annuity. However, we may deduct a CDSC if you surrender your Annuity or when you make a partial withdrawal. The CDSC reimburses us for expenses related to sales and distribution of the Annuity, including commissions, marketing materials and other promotional expenses. The CDSC is calculated as a percentage of your Purchase Payment being surrendered or withdrawn during the applicable Annuity Year. The CDSC varies with the number of Annuity Years that have elapsed since each Purchase Payment being withdrawn was made. Specifically, we maintain an "age" for each Purchase Payment you have made, by keeping track of how many Annuity Years have passed since the Purchase Payment was made. The amount of the CDSC decreases over time, measured from the date that you made the Purchase Payment being withdrawn. With respect to a partial withdrawal, we calculate the CDSC by assuming that any available free withdrawal amount is taken out first (see How Much Can I Withdraw As A Free Withdrawal?). If the free withdrawal amount is not sufficient, we then assume that withdrawals are taken from Purchase Payments on a first-in, first-out basis and then from any earnings in the Annuity. The CDSC percentages for the B Series, the L Series and the X Series are shown under "Summary of Contract Fees and Charges". Under certain circumstances you can withdraw a limited amount of Account Value without paying a CDSC that would otherwise apply. This is referred to as a "Free Withdrawal." Free Withdrawals are not treated as a withdrawal of Purchase Payments for purposes of calculating any applicable CDSC on a subsequent withdrawal or surrender. Withdrawals of amounts greater than the maximum Free Withdrawal amount are treated as a withdrawal of Purchase Payments and will be assessed any applicable CDSC as described above. For purposes of calculating any applicable CDSC on a surrender, the Purchase Payments being withdrawn may be greater than your remaining Account Value or the amount of your withdrawal request. This is most likely to occur if you have made prior withdrawals under the Free Withdrawal provision or if your Account Value has declined in value due to negative market performance. We may waive any applicable CDSC when taking a Minimum Distribution from an Annuity purchased as a "qualified" investment. Free Withdrawals and Minimum Distributions are each explained more fully in the section entitled "Access to Your Account Value". Transfer Fee: Currently, you may make twenty (20) free transfers between investment options each Annuity Year. We will charge $10.00 for each transfer after the twentieth in each Annuity Year. We do not consider transfers made as part of a Dollar Cost Averaging, Automatic Rebalancing or asset allocation program when we count the twenty free transfers. All transfers made on the same day will be treated as one (1) transfer. Renewals or transfers of Account Value from a Fixed Rate Option at the end of its Guarantee Period are not subject to the Transfer Fee and are 21 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Fees and Charges continued - -------------------------------------------------------------------------------- not counted toward the twenty free transfers. We may reduce the number of free transfers allowable each Annuity Year (subject to a minimum of eight) without charging a Transfer Fee unless you make use of electronic means to transmit your transfer requests. We may eliminate the Transfer Fee for transfer requests transmitted electronically or through other means that reduce our processing costs. If enrolled in any program that does not permit transfer requests to be transmitted electronically, the Transfer Fee will not be waived. Annual Maintenance Fee: During the accumulation period we deduct an Annual Maintenance Fee. The Annual Maintenance Fee is $30.00 or 2% of your Account Value invested in the Sub-account, whichever is less. This fee will be deducted annually on the anniversary of the Issue Date of your Annuity or, if you surrender your Annuity during the Annuity Year, the fee is deducted at the time of surrender. Currently, the Annual Maintenance Fee is only deducted if your Account Value is less than $100,000 on the anniversary of the Issue Date or at the time of surrender. We do not impose the Annual Maintenance Fee upon annuitization, or the payment of a Death Benefit. We may increase the Annual Maintenance Fee. However, any increase will only apply to Annuities issued after the date of the increase. Tax Charge: Currently, New York does not impose any premium tax. However, we reserve the right to deduct such a charge if the State of New York imposes this type of tax in the future. We may assess a charge against the Sub-accounts and the Fixed Rate Options equal to any taxes which may be imposed upon the separate accounts. We will pay company income taxes on the taxable corporate earnings created by this separate account product. While we may consider company income taxes when pricing our products, we do not currently include such income taxes in the tax charges you pay under the contract. We will periodically review the issue of charging for these taxes and may impose a charge in the future. In calculating our corporate income tax liability, we derive certain corporate income tax benefits associated with the investment of company assets, including separate account assets, which are treated as company assets under applicable income tax law. These benefits reduce our overall corporate income tax liability. Under current law, such benefits may include foreign tax credits and corporate dividends received deductions. We do not pass these tax benefits through to holders of the separate account annuity contracts because (i) the contract owners are not the owners of the assets generating these benefits under applicable income tax law and (ii) we do not currently include company income taxes in the tax charges you pay under the contract. Insurance Charge: We deduct an Insurance Charge daily. The charge is assessed against the average daily assets allocated to the Sub-accounts and is equal to the amount indicated under "Summary of Contract Fees and Charges". The Insurance Charge is the combination of the Mortality & Expense Risk Charge and the Administration Charge. The Insurance Charge is intended to compensate Pruco Life of New Jersey for providing the insurance benefits under each Annuity, including each Annuity's basic Death Benefit that provides guaranteed benefits to your beneficiaries even if the market declines and the risk that persons we guarantee annuity payments to will live longer than our assumptions. The charge also covers administrative costs associated with providing the Annuity benefits, including preparation of the contract, confirmation statements, annual account statements and annual reports, legal and accounting fees as well as various related expenses. Finally, the charge covers the risk that our assumptions about the mortality risks and expenses under each Annuity are incorrect and that we have agreed not to increase these charges over time despite our actual costs. We may increase the portion of the total Insurance Charge that is deducted for administrative costs; however, any increase will only apply to Annuities issued after the date of the increase. The Insurance Charge is not deducted against assets allocated to a Fixed Rate Option. However, the amount we credit to Fixed Rate Options may also reflect similar assumptions about the insurance guarantees provided under each Annuity. Optional Benefits for which we assess a charge: If you elect to purchase certain optional benefits, we will deduct an additional charge on a daily basis solely from your Account Value allocated to the Sub-accounts. The additional charge is included in the daily calculation of the Unit Price for each Sub-account. We may assess charges for other optional benefits on a different basis. Please refer to the sections entitled "Living Benefit Programs" and "Death Benefit" for a description of the charge for each Optional Benefit. Fees and expenses incurred by the Portfolios: Each Portfolio incurs total annual operating expenses comprised of an investment management fee, other expenses and any distribution and service (12b-1) fees that may apply. These fees and expenses are reflected daily by each Portfolio before it provides 22 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- Pruco Life of New Jersey with the net asset value as of the close of business each day. More detailed information about fees and expenses can be found in the prospectuses for the Portfolios. WHAT CHARGES APPLY TO THE FIXED RATE OPTIONS? No specific fees or expenses are deducted when determining the rate we credit to a Fixed Rate Option. However, for some of the same reasons that we deduct the Insurance Charge against Account Value allocated to the Sub-accounts, we also take into consideration mortality, expense, administration, profit and other factors in determining the interest rates we credit to Fixed Rate Options. Any CDSC or Tax Charge applies to amounts that are taken from the Sub-accounts or the Fixed Rate Options. WHAT CHARGES APPLY IF I CHOOSE AN ANNUITY PAYMENT OPTION? If you select a fixed payment option, the amount of each fixed payment will depend on the Account Value of your Annuity when you elected to annuitize. There is no specific charge deducted from these payments; however, the amount of each annuity payment reflects assumptions about our insurance expenses. Also, a tax charge may apply (see "Tax Charge" above). EXCEPTIONS/REDUCTIONS TO FEES AND CHARGES We may reduce or eliminate certain fees and charges or alter the manner in which the particular fee or charge is deducted. For example, we may reduce the amount of any CDSC or the length of time it applies, reduce or eliminate the amount of the Annual Maintenance Fee or reduce the portion of the total Insurance Charge that is deducted as an Administration Charge. Generally, these types of changes will be based on a reduction to our sales, maintenance or administrative expenses due to the nature of the individual or group purchasing the Annuity. Some of the factors we might consider in making such a decision are: (a) the size and type of group; (b) the number of Annuities purchased by an Owner; (c) the amount of Purchase Payments or likelihood of additional Purchase Payments; (d) whether an annuity is reinstated pursuant to our rules; and/or (e) other transactions where sales, maintenance or administrative expenses are likely to be reduced. We will not discriminate unfairly between Annuity purchasers if and when we reduce any fees and charges. 23 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Purchasing Your Annuity - -------------------------------------------------------------------------------- WHAT ARE OUR REQUIREMENTS FOR PURCHASING ONE OF THE ANNUITIES? Initial Purchase Payment: You must make a minimum initial Purchase Payment as follows: $1,000 for the B Series and $10,000 for the X Series and the L Series. However, if you decide to make payments under a systematic investment or an electronic funds transfer program, we will accept a lower initial Purchase Payment provided that, within the first Annuity Year, you make at least the minimum initial Purchase Payment for the Annuity purchased. Where allowed by law, we must approve any initial and additional Purchase Payments of $1,000,000 or more. We may apply certain limitations and/or restrictions on an Annuity as a condition of our acceptance, including limiting the liquidity features or the Death Benefit protection provided under an Annuity, limiting the right to make additional Purchase Payments, changing the number of transfers allowable under an Annuity or restricting the Sub-accounts or Fixed Rate Options that are available. Other limitations and/or restrictions may apply. Except as noted below, Purchase Payments must be submitted by check drawn on a U.S. bank, in U.S. dollars, and made payable to Pruco Life of New Jersey. Purchase Payments may also be submitted via 1035 exchange or direct transfer of funds. Under certain circumstances, Purchase Payments may be transmitted to Pruco Life of New Jersey via wiring funds through your Financial Professional's broker-dealer firm. Additional Purchase Payments may also be applied to your Annuity under an electronic funds transfer, an arrangement where you authorize us to deduct money directly from your bank account. We may reject any payment if it is received in an unacceptable form. Our acceptance of a check is subject to our ability to collect funds. Age Restrictions: The Owner must not be older than a maximum issue age as of the Issue Date of the Annuity as follows: age 85 for the B Series and the L Series and age 75 for the X Series. No additional Purchase Payments will be permitted after age 85 for any of the Annuities. If an Annuity is owned jointly, the oldest of the Owners must not be older than the maximum issue age on the Issue Date. You should consider your need to access your Account Value and whether the Annuity's liquidity features will satisfy that need. If you take a distribution prior to age 59 1/2, you may be subject to a 10% penalty in addition to ordinary income taxes on any gain. The availability and level of protection of certain optional benefits may vary based on the age of the Owner on the Issue Date of the Annuity or the date of the Owner's death. Owner, Annuitant and Beneficiary Designations: We will ask you to name the Owner(s), Annuitant and one or more Beneficiaries for your Annuity. o Owner: The Owner(s) holds all rights under the Annuity. You may name up to two Owners in which case all ownership rights are held jointly. Generally, joint owners are required to act jointly; however, if each owner provides us with an instruction that we find acceptable, we will permit each owner to act separately. All information and documents that we are required to send you will be sent to the first named owner. The co-ownership by entity-owners or an entity-owner and an individual is not permitted. Refer to the Glossary of Terms for a complete description of the term "Owner." o Annuitant: The Annuitant is the person upon whose life we continue to make annuity payments. You must name an Annuitant who is a natural person. We do not accept a designation of joint Annuitants during the accumulation period. In limited circumstances we may allow you to name one or more Contingent Annuitants with our prior approval. A Contingent Annuitant will become the Annuitant if the Annuitant dies before the Annuity Date. Please refer to the discussion of "Considerations for Contingent Annuitants" in the Tax Considerations section of the Prospectus. o Beneficiary: The Beneficiary is the person(s) or entity you name to receive the Death Benefit. Your beneficiary designation should be the exact name of your beneficiary, not only a reference to the beneficiary's relationship to you. If you use a designation of "surviving spouse," we will pay the Death Benefit to the individual that is your spouse at the time of your death (as defined under the federal tax laws and regulations). If no beneficiary is named the Death Benefit will be paid to you or your estate. Your right to make certain designations may be limited if your Annuity is to be used as an IRA or other "qualified" investment that is given beneficial tax treatment under the Code. You should seek competent tax advice on the income, estate and gift tax implications of your designations. 24 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Managing Your Annuity - -------------------------------------------------------------------------------- MAY I CHANGE THE OWNER, ANNUITANT AND BENEFICIARY DESIGNATIONS? You may change the Owner, Annuitant and Beneficiary designations by sending us a request in writing. Upon an ownership change, any automated investment or withdrawal programs will be canceled. The new owner must submit the applicable program enrollment if they wish to participate in such a program. Such changes will take effect on the date you sign the change request form, provided we receive the form in good order. Some of the changes we will not accept include, but are not limited to: o a new Owner subsequent to the death of the Owner or the first of any co-Owners to die, except where a spouse-Beneficiary has become the Owner as a result of an Owner's death; o a new Annuitant subsequent to the Annuity Date; o a new Annuitant if the latest Annuity Date would be earlier than prior to the change. o for "non-qualified" investments, a new Annuitant prior to the Annuity Date if the Annuity is owned by an entity; and o a change in Beneficiary if the Owner had previously made the designation irrevocable. There may be restrictions on designation changes when you have elected certain optional benefits. Spousal Owners/Spousal Beneficiaries If an Annuity is co-owned by spouses, we will assume that the sole primary Beneficiary is the surviving spouse that was named as the co-owner unless you elect an alternative Beneficiary designation. Unless you elect an alternative Beneficiary designation, upon the death of either spousal Owner, the surviving spouse may elect to assume ownership of the Annuity instead of taking the Death Benefit payment. The Death Benefit that would have been payable will be the new Account Value of the Annuity as of the date of due proof of death and any required proof of a spousal relationship. As of the date the assumption is effective, the surviving spouse will have all the rights and benefits that would be available under the Annuity to a new purchaser of the same attained age. For the Spousal Lifetime Five Income Benefit, the eligible surviving spouse will also be able to assume the benefit with the Annuity. See the description of this benefit in the "Living Benefit Programs" section of this Prospectus. For purposes of determining any future Death Benefit for the beneficiary of the surviving spouse, the new Account Value will be considered as the initial Purchase Payment. No CDSC will apply to the new Account Value. However, any additional Purchase Payments applied after the date the assumption is effective will be subject to all provisions of the Annuity, including the CDSC when applicable. Contingent Annuitant If an Annuity is owned by an entity and the entity has named a Contingent Annuitant, no Death Benefit is payable upon the death of the Annuitant. The Annuity is eligible to have a Contingent Annuitant designation if the entity which owns the annuity is a plan described in Internal Revenue Code Section 72(s)(5)(A)(i) or an entity described in Code Section 72(u)(i), or any successor Code sections. MAY I RETURN MY ANNUITY IF I CHANGE MY MIND? If after purchasing your Annuity you change your mind and decide that you do not want it, you may return it to us within a certain period of time known as a right to cancel period. This is often referred to as a "free-look." The right to cancel period for non-replacement sales is ten (10) days (or whatever period is otherwise required by applicable law), measured from the time that you received your Annuity. If you return your Annuity during the applicable period, we will refund your current Account Value (plus the amount of any fee or other charges). The amount returned to you may be higher or lower than the Purchase Payment(s) applied during the right to cancel period. With respect to the X Series, if you return your Annuity, we will not return any Purchase Credits we applied to your Annuity based on your Purchase Payments. MAY I MAKE ADDITIONAL PURCHASE PAYMENTS? The minimum amount that we accept as an additional Purchase Payment is $100 unless you participate in Pruco Life of New Jersey's Systematic Investment Plan or a periodic purchase payment program. Additional Purchase Payments may be paid at any time before the Annuity Date and prior to the Owner's 86th birthday. 25 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Managing Your Annuity continued - -------------------------------------------------------------------------------- MAY I MAKE SCHEDULED PAYMENTS DIRECTLY FROM MY BANK ACCOUNT? You can make additional Purchase Payments to your Annuity by authorizing us to deduct money directly from your bank account and applying it to your Annuity. We call our electronic funds transfer program "Pruco Life of New Jersey's Systematic Investment Plan." We may allow you to invest in your Annuity with a lower initial Purchase Payment, as long as you authorize payments through an electronic funds transfer that will equal at least the minimum Purchase Payment set forth above during the first 12 months of your Annuity. We may suspend or cancel electronic funds transfer privileges if sufficient funds are not available from the applicable financial institution on any date that a transaction is scheduled to occur. MAY I MAKE PURCHASE PAYMENTS THROUGH A SALARY REDUCTION PROGRAM? These types of programs are only available with certain types of qualified investments. If your employer sponsors such a program, we may agree to accept periodic Purchase Payments through a salary reduction program as long as the allocations are made only to Sub-accounts and the periodic Purchase Payments received in the first year total at least the minimum Purchase Payment set forth above. 26 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Managing Your Account Value - -------------------------------------------------------------------------------- HOW AND WHEN ARE PURCHASE PAYMENTS INVESTED? (See "Valuing Your Investment" for a description of our procedure for pricing initial and subsequent Purchase Payments.) Initial Purchase Payment: Once we accept your application, we invest your Purchase Payment in your Annuity according to your instructions for allocating your Account Value. The Purchase Payment is your initial Purchase Payment minus any tax charges that may apply. You can allocate Account Value to one or more Sub-accounts or a Fixed Rate Option. Investment restrictions will apply if you elect certain optional benefits. Subsequent Purchase Payments: Unless you have provided us with other specific allocation instructions for one, more than one, or all subsequent Purchase Payments, we will allocate any additional Purchase Payments you make according to your initial Purchase Payment allocation instructions. If you so instruct us, we will allocate subsequent Purchase Payments according to any new allocation instructions. HOW DO I RECEIVE A LONGEVITY CREDIT UNDER THE X SERIES? We apply a Longevity Credit to your Annuity's Account Value beginning at the end of your tenth Annuity Year ("tenth Annuity Anniversary") and every Annuity Anniversary thereafter. The Longevity Credit is equal to 0.40% of the sum of all Purchase Payments that have been in the Annuity for more than 9 years less the cumulative amount of withdrawals made (including the deduction of any CDSC amounts) through the end of the period. If the total Purchase Payments made during the period is less than the cumulative amount of withdrawals made during the same period, no Longevity Credit will be applied to your Annuity. Also, no Longevity Credit will be applied to your Annuity if your Account Value is zero when a Longevity Credit would otherwise be paid. This would include any situation where the Annuity is still in force due to the fact that payments are being made under an optional benefit such as Lifetime Five. In addition, no Longevity Credit will be applied to your Annuity if before the Annuity Anniversary when a Longevity Credit would otherwise be paid: (i) you have surrendered your Annuity; (ii) you have annuitized your Annuity; or (iii) we have received due proof of your death (and there has been no spousal continuation election made). If your spouse continues the contract under our spousal continuation option, we will apply the Longevity Credit to your Annuity beginning on the tenth Annuity Anniversary measured from the date that we originally issued you the Annuity. Since the Longevity Credit is applied to the Account Value only, any guarantees that are not based on Account Value will not reflect the Longevity Credit. Similarly, guarantees that are made against a loss in Account Value will not be triggered in certain very limited circumstances where they otherwise would have been, had no Longevity Credit been applied to the Account Value. HOW ARE LONGEVITY CREDITS APPLIED TO MY ACCOUNT VALUE UNDER THE X SERIES? Any Longevity Credit that is allocated to your Account Value will be allocated to a Fixed Rate Option and Sub-accounts in the same percentages as Purchase Payments are then being allocated to your Annuity. HOW DO I RECEIVE A PURCHASE CREDIT UNDER THE X SERIES? We apply a "Purchase Credit" to your Annuity's Account Value each time you make a Purchase Payment. The amount of the Purchase Credit is payable from our general account. The amount of the Purchase Credit depends on the age of the owner when the Purchase Payment is applied to the Annuity, according to the table below:
Purchase Owner's age Credit on on the Purchase date that the Payments Purchase as they Payment is are applied applied to the to the Annuity Annuity 0-80 5.00% - -------------------------------------------------------------------------------- 81-85 3.00%
HOW IS EACH PURCHASE CREDIT APPLIED TO ACCOUNT VALUE UNDER THE X SERIES ANNUITY? Each Purchase Credit is allocated to your Account Value at the time the Purchase Payment is applied to your Account Value. The amount of the Purchase Credit is allocated to the investment options in the same ratio as the applicable Purchase Payment is applied. 27 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Managing Your Account Value continued - -------------------------------------------------------------------------------- Examples of Applying the Purchase Credit Initial Purchase Payment Assume you are 65 years old and you make an initial Purchase Payment of $450,000. We would apply a 5.0% Purchase Credit to your Purchase Payment and allocate the amount of the Purchase Credit ($22,500 = $450,000 x .05) to your Account Value in the proportion that your Purchase Payment is allocated. - -------------------------------------------------------------------------------- The amount of any Purchase Credit applied to your X Series Account Value can be recovered by Pruco Life of New Jersey under certain circumstances: o any Purchase Credit applied to your Account Value on Purchase Payments made within the 12 months before the date of death will be recovered; and o if you elect to "free-look" your Annuity, the amount returned to you will not include the amount of any Purchase Credit. The Account Value may be substantially reduced if Pruco Life of New Jersey recovers the Purchase Credit amount under these circumstances. However, any investment gain on the Purchase Credit amount will not be taken back. We do not deduct a CDSC in any situation where we recover the Purchase Credit amount. - -------------------------------------------------------------------------------- General Information about the Purchase Credit Feature o We do not consider a Purchase Credit to be "investment in the contract" for income tax purposes. o You may not withdraw the amount of any Purchase Credit under the Free Withdrawal provision. The Free Withdrawal provision only applies to withdrawals of Purchase Payments. ARE THERE RESTRICTIONS OR CHARGES ON TRANSFERS BETWEEN INVESTMENT OPTIONS? During the accumulation period you may transfer Account Value between investment options subject to the restrictions outlined below. Transfers are not subject to taxation on any gain. We do not currently require a minimum amount in each Sub-account you allocate Account Value to at the time of any allocation or transfer. We may impose specific restrictions on financial transactions (including transfer requests) for certain Portfolios based on the Portfolio's investment and/or transfer restrictions. We may do so to conform to any present or future restriction that is imposed by any portfolio available under an Annuity. Currently, we charge $10.00 for each transfer after the twentieth (20th) in each Annuity Year. Transfers made as part of a Dollar Cost Averaging or Automatic Rebalancing program do not count toward the twenty free transfer limit. Renewals or transfers of Account Value from a Fixed Rate Option at the end of its Guarantee Period or pursuant to the Enhanced Fixed Rate Option are not subject to the transfer charge. We may reduce the number of free transfers allowable each Annuity Year (subject to a minimum of eight) without charging a Transfer Fee unless you make use of electronic means to transmit your transfer requests. We may also increase the Transfer Fee that we charge to $25.00 for each transfer after the number of free transfers has been used up. We may eliminate the Transfer Fee for transfer requests transmitted electronically or through other means that reduce our processing costs. If enrolled in any program that does not permit transfer requests to be transmitted electronically, the Transfer Fee will not be waived. Once you have made 20 transfers among the Sub-accounts during an Annuity Year, we will accept any additional transfer request during that year only if the request is submitted to us in writing with an original signature and otherwise is in good order. For purposes of this 20 transfer limit, we (i) do not view a facsimile transmission as a "writing", (ii) will treat multiple transfer requests submitted on the same business day as a single transfer, and (iii) do not count any transfer that solely involves Sub-accounts corresponding to the AST Money Market Portfolio, or any transfer that involves one of our systematic programs, such as automated withdrawals. Frequent transfers among Sub-accounts in response to short-term fluctuations in markets, sometimes called "market timing," can make it very difficult for a Portfolio manager to manage a Portfolio's investments. Frequent transfers may cause the Portfolio to hold more cash than otherwise necessary, disrupt management strategies, increase transaction costs, or affect performance. In light of the risks posed to Owners and other investors by frequent transfers, we reserve the right to limit the number of transfers in any Annuity Year for all existing or new Owners and to take the other actions discussed below. We also reserve the right to limit the number of transfers in any Annuity Year or to refuse any transfer request for an Owner or certain Owners if: (a) we believe that excessive transfer activity (as we define it) or a specific transfer request or group of transfer requests may have a detrimental effect on Unit Values or the share prices of the Portfolios; or (b) we are informed by a 28 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- Portfolio (e.g., by the Portfolio's portfolio manager) that the purchase or redemption of shares in the Portfolio must be restricted because the Portfolio believes the transfer activity to which such purchase and redemption relates would have a detrimental effect on the share prices of the affected Portfolio. Without limiting the above, the most likely scenario where either of the above could occur would be if the aggregate amount of a trade or trades represented a relatively large proportion of the total assets of a particular Portfolio. In furtherance of our general authority to restrict transfers as described above, and without limiting other actions we may take in the future, we have adopted the following specific restrictions: o With respect to each Sub-account (other than the AST Money Market Sub-account), we track amounts exceeding a certain dollar threshold that were transferred into the Sub-account. If you transfer such amount into a particular Sub-account, and within 30 calendar days thereafter transfer (the "Transfer Out") all or a portion of that amount into another Sub-account, then upon the Transfer Out, the former Sub-account becomes restricted (the "Restricted Sub-account"). Specifically, we will not permit subsequent transfers into the Restricted Sub-account for 90 calendar days after the Transfer Out if the Restricted Sub-account invests in a non-international Portfolio, or 180 calendar days after the Transfer Out if the Restricted Sub-account invests in an international Portfolio. For purposes of this rule, we (i) do not count transfers made in connection with one of our systematic programs, such as automated withdrawals; (ii) do not count any transfer that solely involves the AST Money Market Portfolio; and (iii) do not categorize as a transfer the first transfer that you make after the Issue Date, if you make that transfer within 30 calendar days after the Issue Date. Even if an amount becomes restricted under the foregoing rules, you are still free to redeem the amount from your Annuity at any time. o We reserve the right to effect exchanges on a delayed basis for all contracts. That is, we may price an exchange involving the Sub-accounts on the Valuation Day subsequent to the Valuation Day on which the exchange request was received. Before implementing such a practice, we would issue a separate written notice to Owners that explains the practice in detail. o If we deny one or more transfer requests under the foregoing rules, we will inform you or your Financial Professional promptly of the circumstances concerning the denial. o There are contract owners of different variable annuity contracts that are funded through the same Separate Account that may not be subject to the above-referenced transfer restrictions and, therefore, might make more numerous and frequent transfers than contract owners who are subject to such limitations. Finally, there are contract owners of other variable annuity contracts or variable life contracts that are issued by Pruco Life of New Jersey as well as other insurance companies that have the same underlying mutual fund portfolios available to them. Since some contract owners are not subject to the same transfer restrictions, unfavorable consequences associated with such frequent trading within the underlying mutual fund (e.g., greater portfolio turnover, higher transaction costs, or performance or tax issues) may affect all contract owners. Similarly, while contracts managed by an Financial Professional are subject to the restrictions on transfers between investment options that are discussed above, if the advisor manages a number of contracts in the same fashion unfavorable consequences may be associated with management activity since it may involve the movement of a substantial portion of an underlying mutual fund's assets which may affect all contract owners invested in the affected options. Apart from jurisdiction-specific and contract differences in transfer restrictions, we will apply these rules uniformly (including contracts managed by an Financial Professional), and will not waive a transfer restriction for any contract owner. Although our transfer restrictions are designed to prevent excessive transfers, they are not capable of preventing every potential occurrence of excessive transfer activity. DO YOU OFFER MORE THAN ONE DOLLAR COST AVERAGING PROGRAM? Yes. We offer Dollar Cost Averaging during the accumulation period. Dollar Cost Averaging allows you to systematically transfer an amount periodically from one Sub-account to one or more other Sub-accounts. You can choose to transfer earnings only, principal plus earnings or a flat dollar amount. You may elect a Dollar Cost Averaging program that transfers amounts monthly, quarterly, semi-annually, or annually from Sub-accounts. By investing amounts on a regular basis instead of investing the total amount at one time, Dollar Cost Averaging may decrease the effect of market fluctuation on the investment of your Purchase Payment. This may result in a lower average cost of units 29 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Managing Your Account Value continued - -------------------------------------------------------------------------------- over time. However, there is no guarantee that Dollar Cost Averaging will result in a profit or protect against a loss in a declining market. There is no minimum Account Value required to enroll in a Dollar Cost Averaging program and we do not deduct a charge for participating in a Dollar Cost Averaging program. The Dollar Cost Averaging Program is in addition to any Dollar Cost Averaging program that would be made available in connection with any Enhanced Fixed Rate Option we may offer from time to time as described above. DO YOU OFFER ANY AUTOMATIC REBALANCING PROGRAMS? Yes. During the accumulation period, we offer Automatic Rebalancing among the Sub-accounts you choose. You can choose to have your Account Value rebalanced monthly, quarterly, semi-annually, or annually. On the appropriate date, the Sub-accounts you chose are rebalanced to the allocation percentages you requested. With Automatic Rebalancing, we transfer the appropriate amount from the "overweighted" Sub-accounts to the "underweighted" Sub-accounts to return your allocations to the percentages you request. For example, over time the performance of the Sub-accounts will differ, causing your percentage allocations to shift. Any transfer to or from any Sub-account that is not part of your Automatic Rebalancing program, will be made; however, that Sub-account will not become part of your rebalancing program unless we receive instructions from you indicating that you would like such option to become part of the program. There is no minimum Account Value required to enroll in Automatic Rebalancing. All rebalancing transfers as part of an Automatic Rebalancing program are not included when counting the number of transfers each year toward the maximum number of free transfers. We do not deduct a charge for participating in an Automatic Rebalancing program. Participation in the Automatic Rebalancing program may be restricted if you are enrolled in certain other optional programs. Sub-accounts that are part of a systematic withdrawal program or Dollar Cost Averaging program will be excluded from an Automatic Rebalancing program. MAY I GIVE MY FINANCIAL PROFESSIONAL PERMISSION TO MANAGE MY ACCOUNT VALUE? Yes. Your Financial Professional may direct the allocation of your Account Value and request financial transactions between investment options while you are living, subject to our rules if you so instruct us. If your Financial Professional has this authority, we deem that all transactions that are directed by your Financial Professional with respect to your Annuity have been authorized by you. You must contact us immediately if and when you revoke such authority. We will not be responsible for acting on instructions from your Financial Professional until we receive notification of the revocation of such person's authority. We may also suspend, cancel or limit these privileges at any time. We will notify you if we do. Please Note: Contracts managed by your Financial Professional also are subject to the restrictions on transfers between investment options that are discussed in the section entitled "ARE THERE RESTRICTIONS OR CHARGES ON TRANSFERS BETWEEN INVESTMENT OPTIONS?" Since transfer activity under contracts managed by an Financial Professional may result in unfavorable consequences to all contract owners invested in the affected options we reserve the right to limit the investment options available to a particular Owner whose contract is managed by the advisor or impose other transfer restrictions we deem necessary. Your Financial Professional will be informed of all such restrictions on an ongoing basis. We may also require that your Financial Professional transmit all financial transactions using the electronic trading functionality available through our Internet website (www.prudential.com). Limitations that we may impose on your Financial Professional under the terms of the administrative agreement do not apply to financial transactions requested by an Owner on their own behalf, except as otherwise described in this Prospectus. 30 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Access To Account Value - -------------------------------------------------------------------------------- WHAT TYPES OF DISTRIBUTIONS ARE AVAILABLE TO ME? During the accumulation period you can access your Account Value through partial withdrawals, Systematic Withdrawals, and where required for tax purposes, Minimum Distributions. You can also surrender your Annuity at any time. We may deduct a portion of the Account Value being withdrawn or surrendered as a CDSC, if applicable. If you surrender your Annuity, in addition to any CDSC, we may deduct the Annual Maintenance Fee, any Tax Charge that applies and the charge for any optional benefits. Certain amounts may be available to you each Annuity Year that are not subject to a CDSC. These are called "Free Withdrawals." Unless you notify us differently, withdrawals are taken pro-rata based on the Account Value in the investment options at the time we receive your withdrawal request (i.e. "pro-rata" meaning that the percentage of each investment option withdrawn is the same percentage that the investment option bears to the total Account Value). Each of these types of distributions is described more fully below. ARE THERE TAX IMPLICATIONS FOR DISTRIBUTIONS? (For more information, see "Tax Considerations.") During the Accumulation Period A distribution during the accumulation period is deemed to come first from any "gain" in your Annuity and second as a return of your "tax basis", if any. Distributions from your Annuity are generally subject to ordinary income taxation on the amount of any investment gain unless the distribution qualifies as a non-taxable exchange or transfer. If you take a distribution prior to the taxpayer's age 59 1/2, you may be subject to a 10% penalty in addition to ordinary income taxes on any gain. You may wish to consult a professional tax advisor for advice before requesting a distribution. During the Annuitization Period During the annuitization period, a portion of each annuity payment is taxed as ordinary income at the tax rate you are subject to at the time of the payment. The Code and regulations have "exclusionary rules" that we use to determine what portion of each annuity payment should be treated as a return of any tax basis you have in your Annuity. Once the tax basis in your Annuity has been distributed, the remaining annuity payments are taxable as ordinary income. The tax basis in your Annuity may be based on the tax-basis from a prior contract in the case of a 1035 exchange or other qualifying transfer. CAN I WITHDRAW A PORTION OF MY ANNUITY? Yes, you can make a withdrawal during the accumulation period. o To meet liquidity needs, you can withdraw a limited amount from your Annuity during each Annuity Year without application of any CDSC. We call this the "Free Withdrawal" amount. The Free Withdrawal amount is not available if you choose to surrender your Annuity. Amounts withdrawn as a Free Withdrawal do not reduce the amount of CDSC that may apply upon a subsequent withdrawal or surrender of your Annuity. The minimum Free Withdrawal you may request is $100. o You can also make withdrawals in excess of the Free Withdrawal amount. The maximum amount that you may withdraw will depend on your Annuity's Surrender Value as of the date we process the withdrawal request. After any partial withdrawal, your Annuity must have a Surrender Value of at least $1,000, or we may treat the partial withdrawal request as a request to fully surrender your Annuity. The minimum partial withdrawal you may request is $100. When we determine if a CDSC applies to partial withdrawals and Systematic Withdrawals, we will first determine what, if any, amounts qualify as a Free Withdrawal. Those amounts are not subject to the CDSC. Partial withdrawals or Systematic Withdrawals of amounts greater than the maximum Free Withdrawal amount will be subject to any applicable CDSC. You may request a withdrawal for an exact dollar amount after deduction of any CDSC that applies (called a "net withdrawal") or request a gross withdrawal from which we will deduct any CDSC that applies, resulting in less money being payable to you than the amount you requested. If you request a net withdrawal, the amount deducted from your Account Value to pay the CDSC may also be subject to a CDSC. Partial withdrawals may also be available following annuitization but only if you choose certain annuity payment options. To request the forms necessary to make a withdrawal from your Annuity, call 1-888-PRU-2888 or visit our Internet Website at www.prudential.com. HOW MUCH CAN I WITHDRAW AS A FREE WITHDRAWAL? The maximum Free Withdrawal amount during each Annuity Year when a CDSC would otherwise apply to a partial withdrawal or surrender of your Purchase Payments is 10% of all Purchase Payments. Withdrawals of amounts greater than the maximum Free Withdrawal amount are treated as a withdrawal of Purchase Payments first and will be assessed a CDSC, if applicable, then any subsequent withdrawals will be withdrawn from any gain in your 31 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Access To Account Value continued - -------------------------------------------------------------------------------- Annuity. If you do not make a Free Withdrawal during an Annuity Year, you are not allowed to carry over the Free Withdrawal amount to the next Annuity Year. CAN I MAKE PERIODIC WITHDRAWALS FROM MY ANNUITY DURING THE ACCUMULATION PERIOD? Yes. We call these "Systematic Withdrawals." You can receive Systematic Withdrawals of earnings only, or a flat dollar amount. Systematic Withdrawals may be subject to a CDSC. We will determine whether a CDSC applies and the amount in the same way as we would for a partial withdrawal. Systematic Withdrawals can be made from Account Value allocated to the Sub-accounts or the Fixed Rate Option. Generally, Systematic Withdrawals from the Fixed Rate Option are limited to earnings accrued after the program of Systematic Withdrawals begins, or payments of fixed dollar amounts that do not exceed such earnings. Systematic Withdrawals are available on a monthly, quarterly, semi-annual or annual basis. There is no minimum Surrender Value we require to allow you to begin a program of Systematic Withdrawals. The minimum amount for each Systematic Withdrawal is $100. If any scheduled Systematic Withdrawal is for less than $100 (which may occur under a program that provides payment of an amount equal to the earnings in your Annuity for the period requested), we may postpone the withdrawal and add the expected amount to the amount that is to be withdrawn on the next scheduled Systematic Withdrawal. DO YOU OFFER A PROGRAM FOR WITHDRAWALS UNDER SECTION 72(t) OF THE INTERNAL REVENUE CODE? Yes. If your Annuity is used as a funding vehicle for certain retirement plans that receive special tax treatment under Sections 401, 403(b) or 408 of the Code, Section 72(t) of the Code may provide an exception to the 10% penalty tax on distributions made prior to age 59 1/2 if you elect to receive distributions as a series of "substantially equal periodic payments". Distributions received under this provision in any Annuity Year that exceed the maximum amount available as a free withdrawal will be subject to any applicable CDSC. To request a program that complies with Section 72(t), you must provide us with certain required information in writing on a form acceptable to us. We may require advance notice to allow us to calculate the amount of 72(t) withdrawals. There is no minimum Surrender Value we require to allow you to begin a program for withdrawals under Section 72(t). The minimum amount for any such withdrawal is $100 and payments may be made monthly, quarterly, semi-annually or annually. You may also annuitize your contract and begin receiving payments for the remainder of your life (or life expectancy) as a means of receiving income payments before age 59 1/2 that are not subject to the 10% penalty. WHAT ARE MINIMUM DISTRIBUTIONS AND WHEN WOULD I NEED TO MAKE THEM? (See "Tax Considerations" for a further discussion of Minimum Distributions.) Minimum Distributions are a type of Systematic Withdrawal we allow to meet distribution requirements under Sections 401, 403(b) or 408 of the Code. Under the Code, you may be required to begin receiving periodic amounts from your Annuity. In such case, we will allow you to make Systematic Withdrawals in amounts that satisfy the minimum distribution rules under the Code. We do not assess a CDSC on Minimum Distributions from your Annuity if you are required by law to take such Minimum Distributions from your Annuity at the time it is taken. However, a CDSC (if applicable) may be assessed on that portion of a Systematic Withdrawal that is taken to satisfy the minimum distribution requirements in relation to other savings or investment plans under other qualified retirement plans not maintained with Pruco Life of New Jersey. The amount of the required Minimum Distribution for your particular situation may depend on other annuities, savings or investments. We will only calculate the amount of your required Minimum Distribution based on the value of your Annuity. We require three (3) days advance written notice to calculate and process the amount of your payments. You may elect to have Minimum Distributions paid out monthly, quarterly, semi-annually or annually. The $100 minimum amount that applies to Systematic Withdrawals applies to monthly minimum distributions but does not apply to minimum distributions taken out on a quarterly, semi-annual or annual basis. You may also annuitize your contract and begin receiving payments for the remainder of your life (or life expectancy) as a means of receiving income payments and satisfying the Minimum Distribution requirements under the Code. CAN I SURRENDER MY ANNUITY FOR ITS VALUE? Yes. During the accumulation period you can surrender your Annuity at any time. Upon surrender, you will receive the Surrender Value. Upon surrender of your Annuity, you will no longer have any rights under the surrendered Annuity. 32 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- For purposes of calculating any applicable CDSC on surrender, the Purchase Payments being withdrawn may be greater than your remaining Account Value or the amount of your withdrawal request. This is most likely to occur if you have made prior withdrawals under the Free Withdrawal provision or if your Account Value has declined in value due to negative market performance. Under certain annuity payment options, you may be allowed to surrender your Annuity for its then current value. To request the forms necessary to surrender your Annuity, call 1-888-PRU-2888 or visit our Internet Website at www.prudential.com. WHAT TYPES OF ANNUITY OPTIONS ARE AVAILABLE? We currently make annuity options available that provide fixed annuity payments. Fixed options provide the same amount with each payment. We do not guarantee to make any annuity payment options available in the future other than those fixed annuitization options guaranteed in your Annuity. Please refer to the "Guaranteed Minimum Income Benefit," the "Lifetime Five Income Benefit" and the "Spousal Lifetime Five Income Benefit" under "Living Benefits" below for a description of annuity options that are available when you elect these benefits. When you purchase an Annuity, or at a later date, you may choose an Annuity Date, an annuity option and the frequency of annuity payments. You may change your choices before the Annuity Date under the terms of your contract. Your Annuity Date must be no later than the later of the Annuity anniversary coinciding with or next following the Annuitant's 95th birthday or the tenth Annuity anniversary. Certain annuity options may not be available depending on the age of the Annuitant. Certain of these annuity options may be available to Beneficiaries who choose to receive the Death Benefit proceeds as a series of payments instead of a lump sum payment. Please note, you may not annuitize within the first Annuity Year. 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 not to exceed life expectancy). The annuity payments may be made monthly, quarterly, semiannually, or annually, as you choose, for the fixed period. If the annuitant dies during the income phase, payments will continue to the beneficiary for the remainder of the fixed period or, if the beneficiary so chooses, we will make a single lump-sum payment. The amount of the lump-sum payment is determined by calculating the present value of the unpaid future payments. This is done by using the interest rate used to compute the actual payments. The interest rate will be at least 3% a year. Option 2 Life Income Annuity Option Under this option, we will make annuity payments monthly, quarterly, semiannually, or annually as long as the annuitant is alive. If the annuitant dies before we have made 10 years worth of payments, we will pay the beneficiary in one lump sum the present value of the annuity payments scheduled to have been made over the remaining portion of that 10 year period, unless we were specifically instructed that such remaining annuity payments continue to be paid to the beneficiary. The present value of the remaining annuity payments is calculated by using the interest rate used to compute the amount of the original 120 payments. The interest rate will be at least 3% a year. If an annuity option is not selected by the Annuity Date, this is the option we will automatically select for you, unless prohibited by applicable law. If the life income annuity option is prohibited by applicable law, then we will pay you a lump sum in lieu of this option. 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. HOW AND WHEN DO I CHOOSE THE ANNUITY PAYMENT OPTION? You have a right to choose your annuity start date provided that it is no later than the latest Annuity Date indicated above. If you have not provided us with your Annuity Date or annuity payment option in writing, then your Annuity Date will be the latest Annuity Date indicated above. 33 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Living Benefit Programs - -------------------------------------------------------------------------------- DO YOU OFFER PROGRAMS DESIGNED TO PROVIDE INVESTMENT PROTECTION FOR OWNERS WHILE THEY ARE ALIVE? Pruco Life of New Jersey offers different optional benefits, for an additional charge, that can provide investment protection for Owners while they are alive. Notwithstanding the additional protection provided under the optional Living Benefit Programs, the additional cost has the impact of reducing net performance of the investment options. Each optional benefit offers a distinct type of guarantee, regardless of the performance of the Sub-accounts, that may be appropriate for you depending on the manner in which you intend to make use of your annuity while you are alive. Depending on which optional benefit you choose, you can have substantial flexibility to invest in the Sub-accounts while: o protecting a principal amount from decreases in value due to investment performance; o taking withdrawals with a guarantee that you will be able to withdraw not less than a principal amount over time; o guaranteeing a minimum amount of growth will be applied to your principal, if it is to be used as the basis for lifetime income payments; or o providing spousal continuation of certain benefits. The "living benefits" that Pruco Life of New Jersey offers are the Guaranteed Minimum Income Benefit (GMIB), the Lifetime Five Income Benefit and the Spousal Lifetime Five Income Benefit. Please refer to the benefit description that follows for a complete description of the terms, conditions and limitations of each optional benefit. You should consult with your Financial Professional to determine if any of these optional benefits may be appropriate for you based on your financial needs. There are many factors to consider, but we note that among them you may want to evaluate the tax implications of these different approaches to meeting your needs, both between these benefits and in comparison to other potential solutions to your needs (e.g., comparing the tax implications of the withdrawal benefit and annuity payments). GUARANTEED MINIMUM INCOME BENEFIT (GMIB) - -------------------------------------------------------------------------------- Currently, the program can only be elected by new purchasers on the Issue Date of their Annuity. We may offer the program to existing Annuity Owners in the future, subject to our eligibility rules and restrictions. The Guaranteed Minimum Income Benefit program is not available if you elect any other optional living benefit. - -------------------------------------------------------------------------------- We offer a program that, after a seven-year waiting period, guarantees your ability to begin receiving income from your Annuity in the form of annuity payments based on a guaranteed minimum value (called the "Protected Income Value") that increases after the waiting period begins, regardless of the impact of market performance on your Account Value. The program may be appropriate for you if you anticipate using your Annuity as a future source of periodic fixed income payments for the remainder of your life and wish to ensure that the basis upon which your income payments will be calculated will achieve at least a minimum amount despite fluctuations in market performance. There is an additional charge if you elect the GMIB program. KEY FEATURE -- Protected Income Value The Protected Income Value is the minimum amount that we guarantee will be available (net of any applicable tax charge), after a waiting period of at least seven years, as a basis to begin receiving fixed annuity payments. The Protected Income Value is initially established on the effective date of the GMIB program and is equal to your Account Value on such date. Currently, since the GMIB program may only be elected at issue, the effective date is the Issue Date of your Annuity. The Protected Income Value is increased daily based on an annual growth rate of 5%, subject to the limitations described below. The Protected Income Value is referred to as the "Protected Value" in the rider we issue for this benefit. The 5% annual growth rate is referred to as the "Roll-Up Percentage" in the rider we issue for this benefit. 34 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- The Protected Income Value is subject to a limit of 200% (2X) of the sum of the Protected Income Value established on the effective date of the GMIB program, or the effective date of any step-up value, plus any additional Purchase Payments (and any Purchase Credit that is applied to such Purchase Payments in the case of the X Series) made after the waiting period begins ("Maximum Protected Income Value"), minus the sum of any reductions in the Protected Income Value due to withdrawals you make from your Annuity after the waiting period begins. o Subject to the maximum age/durational limits described immediately below, we will no longer increase the Protected Income Value by the 5% annual growth rate once you reach the Maximum Protected Income Value. However, we will increase the Protected Income Value by the amount of any additional Purchase Payments after you reach the Maximum Protected Income Value. Further, if you make withdrawals after you reach the Maximum Protected Income Value, we will reduce the Protected Income Value and the Maximum Protected Income Value by the proportional impact of the withdrawal on your Account Value. o Subject to the Maximum Protected Income Value, we will no longer increase the Protected Income Value by the 5% annual growth rate after the later of the anniversary date on or immediately following the Annuitant's 80th birthday or the 7th anniversary of the later of the effective date of the GMIB program or the effective date of the most recent step-up. However, we will increase the Protected Income Value by the amount of any additional Purchase Payments (and any Purchase Credit that is applied to such Purchase Payments in the case of the X Series). Further, if you make withdrawals after the Annuitant reaches the maximum age/ duration limits, we will reduce the Protected Income Value and the Maximum Protected Income Value by the proportional impact of the withdrawal on your Account Value. o Subject to the Maximum Protected Income Value, if you make an additional Purchase Payment, we will increase the Protected Income Value by the amount of the Purchase Payment (and any Purchase Credit that is applied to such Purchase Payment in the case of the X Series) and will apply the 5% annual growth rate on the new amount from the date the Purchase Payment is applied. o As described below, after the waiting period begins, cumulative withdrawals each Annuity Year that are up to 5% of the Protected Income Value on the prior anniversary of your Annuity will reduce the Protected Income Value by the amount of the withdrawal. Cumulative withdrawals each Annuity Year in excess of 5% of the Protected Income Value on the prior anniversary of your Annuity will reduce the Protected Income Value proportionately. All withdrawals after the Maximum Protected Income Value is reached will reduce the Protected Income Value proportionately. The 5% annual growth rate will be applied to the reduced Protected Income Value from the date of the withdrawal. Stepping-Up the Protected Income Value -- You may elect to "step-up" or "reset" your Protected Income Value if your Account Value is greater than the current Protected Income Value. Upon exercise of the step-up provision, your initial Protected Income Value will be reset equal to your current Account Value. From the date that you elect to step-up the Protected Income Value, we will apply the 5% annual growth rate to the stepped-up Protected Income Value, as described above. You can exercise the step-up provision twice while the GMIB program is in effect, and only while the Annuitant is less than age 76. o A new seven-year waiting period will be established upon the effective date of your election to step-up the Protected Income Value. You cannot exercise your right to begin receiving annuity payments under the GMIB program until the end of the new waiting period. o The Maximum Protected Income Value will be reset as of the effective date of any step-up. The new Maximum Protected Income Value will be equal to 200% of the sum of the Protected Income Value as of the effective date of the step-up plus any subsequent Purchase Payments (and any Purchase Credit that is applied to such Purchase Payments in the case of the X Series), minus the impact of any withdrawals after the date of the step-up. o When determining the guaranteed annuity purchase rates for annuity payments under the GMIB program, we will apply such rates based on the number of years since the most recent step-up. o If you elect to step-up the Protected Income Value under the program, and on the date you elect to step-up, the charges under the GMIB program have changed for new purchasers, your program may be subject to the new charge going forward. 35 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Living Benefit Programs continued - -------------------------------------------------------------------------------- o A step-up will increase the dollar for dollar limit on the anniversary of the Issue Date of the Annuity following such step-up. Impact of Withdrawals on the Protected Income Value -- Cumulative withdrawals each Annuity Year up to 5% of the Protected Income Value will reduce the Protected Income Value on a "dollar-for-dollar" basis (the Protected Income Value is reduced by the actual amount of the withdrawal). Cumulative withdrawals in any Annuity Year in excess of 5% of the Protected Income Value will reduce the Protected Income Value proportionately (see the examples of this calculation below). The 5% annual withdrawal amount is determined on each anniversary of the Issue Date (or on the Issue Date for the first Annuity Year) and applies to any withdrawals during the Annuity Year. This means that the amount available for withdrawals each Annuity Year on a "dollar-for-dollar" basis is adjusted on each Annuity anniversary to reflect changes in the Protected Income Value during the prior Annuity Year. The following examples of dollar-for-dollar and proportional reductions assume that: 1.) the Issue Date and the effective date of the GMIB program are October 13, 2005; 2.) an initial Purchase Payment of $250,000 (includes any Purchase Credit in the case of the X Series); 3.) an initial Protected Income Value of $250,000; and 4.) a dollar-for-dollar limit of $12,500 (5% of $250,000): Example 1. Dollar-for-dollar reduction A $10,000 withdrawal is taken on November 13, 2005 (in the first Annuity Year). No prior withdrawals have been taken. Immediately prior to the withdrawal, the Protected Income Value is $251,038.10 (the initial value accumulated for 31 days at an annual effective rate of 5%). As the amount withdrawn is less than the dollar-for-dollar limit: o the Protected Income Value is reduced by the amount withdrawn (i.e., by $10,000, from $251,038.10 to $241,038.10). o The remaining dollar-for-dollar limit ("Remaining Limit") for the balance of the first Annuity Year is also reduced by the amount withdrawn (from $12,500 to $2,500). Example 2. Dollar-for-dollar and proportional reductions A second $10,000 withdrawal is taken on December 13, 2005 (still within the first Annuity Year). Immediately before the withdrawal, the Account Value is $220,000 and the Protected Income Value is $242,006.64. As the amount withdrawn exceeds the Remaining Limit of $2,500 from Example 1: o the Protected Income Value is first reduced by the Remaining Limit (from $242,006.64 to $239,506.64); o The result is then further reduced by the ratio of A to B, where: o A is the amount withdrawn less the Remaining Limit ($10,000 - $2,500, or $7,500). o B is the Account Value less the Remaining Limit ($220,000 - $2,500, or $217,500). The resulting Protected Income Value is: $239,506.64 x (1 - $7,500 / $217,500), or $231,247.79. o The Remaining Limit is set to zero (0) for the balance of the first Annuity Year. Example 3. Reset of the Dollar-for-dollar Limit A $10,000 withdrawal is made on the first anniversary of the Issue Date, October 13, 2006 (second Annuity Year). Prior to the withdrawal, the Protected Income Value is $240,838.37. The Remaining Limit is reset to 5% of this amount, or $12,041.92. As the amount withdrawn is less than the dollar-for-dollar limit: o the Protected Income Value is reduced by the amount withdrawn (i.e., reduced by $10,000, from $240,838.37 to $230,838.37). o The Remaining Limit for the balance of the second Annuity Year is also reduced by the amount withdrawn (from $12,041.92 to $2,041.92). KEY FEATURE -- GMIB Annuity Payments You can elect to apply the Protected Income Value to one of the available GMIB Annuity Payment Options on any anniversary date following the initial waiting period, or any subsequent waiting period established upon your election to step-up the Protected Income Value. Once you have completed the waiting period, you will have a 30-day period each year, after the Annuity anniversary, during which you may elect to begin receiving annuity payments under one of the available GMIB Annuity Payment Options. You must elect one of the GMIB Annuity Payment Options by the anniversary of the Annuity's Issue Date on or immediately following the Annuitant's 95th birthday, except for Annuities used as a funding vehicle for an IRA, SEP IRA or 403(b), in which case you must elect one of the GMIB Annuity Payment Options by the anniversary of the Annuity's Issue Date on or immediately following the Annuitant's 92nd birthday. The amount of each GMIB Annuity Payment will be determined based on the age and, where permitted by law, sex of the Annuitant by applying the Protected Income Value (net of 36 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- any applicable tax charge that may be due) to the GMIB Annuity Payment Option you choose. We use special annuity purchase rates to calculate the amount of each payment due under the GMIB Annuity Payment Options. These special rates for the GMIB Annuity Payment Options are calculated using an assumed interest rate factor that provides for lower growth in the value applied to produce annuity payments than if you elected an annuity payment option that is not part of the GMIB program. These special rates also are calculated using other factors such as "age setbacks" (use of an age lower than the Annuitant's actual age) that result in lower payments than would result if you elected an annuity payment option that is not part of the GMIB program. Use of an age setback entails a longer assumed life for the Annuitant which in turn results in lower annuity payments. On the date that you elect to begin receiving GMIB Annuity Payments, we guarantee that your payments will be calculated based on your Account Value and our then current annuity purchase rates if the payment amount calculated on this basis would be higher than it would be based on the Protected Income Value and the special GMIB annuity purchase rates. GMIB Annuity Payment Option 1 -- Payments for Life with a Certain Period Under this option, monthly annuity payments will be made until the death of the Annuitant. If the Annuitant dies before having received 120 monthly annuity payments, the remainder of the 120 monthly annuity payments will be made to the Beneficiary. GMIB Annuity Payment Option 2 -- Payments for Joint Lives with a Certain Period Under this option, monthly annuity payments will be made until the death of both the Annuitant and the Joint Annuitant. If the Annuitant and the Joint Annuitant die before having received 120 monthly annuity payments, the remainder of the 120 monthly annuity payments will be made to the Beneficiary. o If the Annuitant dies first, we will continue to make payments until the later of the death of the Joint Annuitant and the end of the period certain. However, if the Joint Annuitant is still receiving annuity payments following the end of the certain period, we will reduce the amount of each subsequent payment to 50% of the original payment amount. o If the Joint Annuitant dies first, we will continue to make payments until the later of the death of the Annuitant and the end of the period certain. You cannot withdraw your Account Value or the Protected Income Value under either GMIB Annuity Payment Option once annuity payments have begun. We may make other payout frequencies available, such as quarterly, semi-annually or annually. Other Important Considerations o You should note that GMIB is designed to provide a type of insurance that serves as a safety net only in the event your Account Value declines significantly due to negative investment performance. If your contract value is not significantly affected by negative investment performance, it is unlikely that the purchase of the GMIB will result in your receiving larger annuity payments than if you had not purchased GMIB. This is because the assumptions that we use in computing the GMIB, such as the annuity purchase rates, (which include assumptions as to age-setbacks and assumed interest rates), are more conservative than the assumptions that we use in computing annuity payout options outside of GMIB. Therefore, you may generate higher income payments if you were to annuitize a lower Account Value at the current annuity purchase rates, than if you were to annuitize under the GMIB with a higher Protected Value than your Account Value but, at the annuity purchase rates guaranteed under the GMIB. The GMIB program does not directly affect an Annuity's Account Value, Surrender Value or the amount payable under either the basic Death Benefit provision of the Annuity or any optional Death Benefit provision. If you surrender your Annuity, you will receive the current Surrender Value, not the Protected Income Value. The Protected Income Value is only applicable if you elect to begin receiving annuity payments under one of the GMIB annuity options after the waiting period. o Each Annuity offers other annuity payment options that you can elect which do not impose an additional charge, but which do not offer to guarantee a minimum value on which to make annuity payments. o Where allowed by law, we reserve the right to limit subsequent Purchase Payments if we determine, at our sole discretion, that based on the timing of your Purchase Payments and withdrawals, your Protected Income Value is increasing in ways we did not intend. In determining whether to limit Purchase Payments, we will look at Purchase Payments which are disproportionately larger than 37 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Living Benefit Programs continued - -------------------------------------------------------------------------------- your initial Purchase Payment and other actions that may artificially increase the Protected Income Value. o We currently limit the Sub-accounts in which you may allocate Account Value if you participate in this program. We reserve the right to transfer any Account Value in a prohibited investment option to an eligible investment option. Should we prohibit access to any investment option, any transfers required to move Account Value to eligible investment options will not be counted in determining the number of free transfers during an Annuity Year. o If you change the Annuitant after the effective date of the GMIB program, the period of time during which we will apply the 5% annual growth rate may be changed based on the age of the new Annuitant. If the new Annuitant would not be eligible to elect the GMIB program based on his or her age at the time of the change, then the GMIB program will terminate. o Annuity payments made under the GMIB program are subject to the same tax treatment as any other annuity payment. o At the time you elect to begin receiving annuity payments under the GMIB program or under any other annuity payment option we make available, the protection provided by an Annuity's basic Death Benefit or any optional Death Benefit provision you elected will no longer apply. Election of the Program Currently, the GMIB program can only be elected at the time that you purchase your Annuity. The Annuitant must be age 75 or less as of the effective date of the GMIB program. In the future, we may offer existing Annuity Owners the option to elect the GMIB program after the Issue Date of their Annuity, subject to our eligibility rules and restrictions. If you elect the GMIB program after the Issue Date of your Annuity, the program will be effective as of the date of election. Your Account Value as of that date will be used to calculate the Protected Income Value as of the effective date of the program. Termination of the Program The GMIB program cannot be terminated by the Owner once elected. The GMIB program automatically terminates as of the date your Annuity is fully surrendered, on the date the Death Benefit is payable to your Beneficiary (unless your surviving spouse elects to continue your Annuity), or on the date that your Account Value is transferred to begin making annuity payments. The GMIB program may also be terminated if you designate a new Annuitant who would not be eligible to elect the GMIB program based on his or her age at the time of the change. Upon termination of the GMIB program we will deduct the charge from your Account Value for the portion of the Annuity Year since the prior anniversary of the Annuity's Issue Date (or the Issue Date if in the first Annuity Year). Charges under the Program Currently, we deduct a charge equal to 0.50% per year of the average Protected Income Value for the period the charge applies. Because the charge is calculated based on the average Protected Income Value, it does not increase or decrease based on changes to the Annuity's Account Value due to market performance. The dollar amount you pay each year will increase in any year the Protected Income Value increases, and it will decrease in any year the Protected Income Value decreases due to withdrawal, irrespective of whether your Account Value increases or decreases. The charge is deducted annually in arrears each Annuity Year on the anniversary of the Issue Date of an Annuity. We deduct the amount of the charge pro-rata from the Account Value allocated to the Sub-accounts and the Fixed Rate Options. If you surrender your Annuity, begin receiving annuity payments under the GMIB program or any other annuity payment option we make available during an Annuity Year, or the GMIB program terminates, we will deduct the charge for the portion of the Annuity Year since the prior anniversary of the Annuity's Issue Date (or the Issue Date if in the first Annuity Year). No charge applies after the Annuity Date. 38 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- LIFETIME FIVE INCOME BENEFIT (LIFETIME FIVE) - -------------------------------------------------------------------------------- Lifetime Five can be elected only where the Annuitant and the Owner are the same person or, if the Annuity Owner is an entity, where there is only one Annuitant. Currently, if you elect Lifetime Five and subsequently terminate the benefit, there will be a restriction on your ability to re-elect Lifetime Five and Spousal Lifetime Five (see "Election of the Program" below for details). The Annuitant must be at least 45 years old when the program is elected. The Lifetime Five Income Benefit program is not available if you elect any other optional living benefit. As long as your Lifetime Five Income Benefit is in effect, you must allocate your Account Value in accordance with the then permitted and available option(s) with this program. - -------------------------------------------------------------------------------- We offer a program that guarantees your ability to withdraw amounts equal to a percentage of an initial principal value (called the "Protected Withdrawal Value"), regardless of the impact of market performance on your Account Value, subject to our program rules regarding the timing and amount of withdrawals. There are two options -- one is designed to provide an annual withdrawal amount for life (the "Life Income Benefit") and the other is designed to provide a greater annual withdrawal amount as long as there is Protected Withdrawal Value (adjusted as described below) (the "Withdrawal Benefit"). If there is no Protected Withdrawal Value, the withdrawal benefit will be zero. You do not choose between these two options; each option will continue to be available as long as your Annuity has an Account Value and the Lifetime Five is in effect. Certain benefits under Lifetime Five may remain in effect even if the Account Value of your Annuity is zero. The program may be appropriate if you intend to make periodic withdrawals from your Annuity and wish to ensure that market performance will not affect your ability to receive annual payments. You are not required to make withdrawals as part of the program -- the guarantees are not lost if you withdraw less than the maximum allowable amount each year under the rules of the program. KEY FEATURE -- Protected Withdrawal Value The Protected Withdrawal Value is initially used to determine the amount of each initial annual payment under the Life Income Benefit and the Withdrawal Benefit. The initial Protected Withdrawal Value is determined as of the date you make your first withdrawal under your Annuity following your election of Lifetime Five. The initial Protected Withdrawal Value is equal to the greater of (A) the Account Value on the date you elect Lifetime Five, plus any additional Purchase Payments (and associated Purchase Credits with respect to the X Series) growing at 5% per year from the date of your election of the program, or application of the Purchase Payment to your Annuity, as applicable, until the date of your first withdrawal or the 10th anniversary of the benefit effective date, if earlier (B) the Account Value as of the date of the first withdrawal from your Annuity, prior to the withdrawal, and (C) the highest Account Value on each Annuity anniversary prior to the first withdrawal or on the first 10 Annuity anniversaries if earlier than the date of your first withdrawal after the benefit effective date. With respect to (B) and (C) above, each value is increased by the amount of any subsequent Purchase Payments (and associated Purchase Credits with respect to the X Series). o If you elect the Lifetime Five program at the time you purchase your Annuity, the Account Value will be your initial Purchase Payment (and any Purchase Credit we apply to such Purchase Payment under the X Series). o For existing Owners who are electing the Lifetime Five benefit, the Account Value on the date of your election of the Lifetime Five program will be used to determine the initial Protected Withdrawal Value. o If you make additional Purchase Payments after your first withdrawal, the Protected Withdrawal Value will be increased by the amount of each additional Purchase Payment (and any Purchase Credit we apply to such Purchase Payments under the X Series). You may elect to step-up your Protected Withdrawal Value if, due to positive market performance, your Account Value is greater than the Protected Withdrawal Value. You are eligible to step-up the Protected Withdrawal Value on or after the 3rd anniversary of the first withdrawal under the Lifetime Five program. The Protected Withdrawal Value can be stepped up again on or after the 3rd anniversary following the preceding step-up. If you elect to step-up the Protected Withdrawal Value under the program, and on the date you elect to step-up, the charges under the Lifetime Five program have changed for new purchasers, your program may be subject to the new charge going forward. Upon election of the step-up, we increase the Protected Withdrawal Value to be equal to the then current Account Value. For example, assume your initial Protected Withdrawal 39 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Living Benefit Programs continued - -------------------------------------------------------------------------------- Value was $100,000 and you have made cumulative withdrawals of $40,000, reducing the Protected Withdrawal Value to $60,000. On the date you are eligible to step-up the Protected Withdrawal Value, your Account Value is equal to $75,000. You could elect to step-up the Protected Withdrawal Value to $75,000 on the date you are eligible. If your current Annual Income Amount and Annual Withdrawal Amount are less than they would be if we did not reflect the step-up in Protected Withdrawal Value, then we will increase these amounts to reflect the step-up as described below. We also offer an "auto step-up" feature at no additional cost. You may elect this feature either at the time you elect Lifetime Five or after you have elected Lifetime Five. If, on the date that we implement an auto step-up to your Protected Withdrawal Value, the charges under the Lifetime Five program have changed for new purchasers, your program may be subject to the new charge going forward. We implement an auto step-up only at specific times and if Account Value has attained or exceeded a certain amount. Specifically, if you have never implemented a step-up, then an auto step-up can occur on the Annuity anniversary next following the 3rd anniversary of the first withdrawal under the Lifetime Five program, and can occur each Annuity anniversary thereafter. If you have implemented a step-up (whether initiated directly by you or effected under the auto step-up program), then an auto step-up can occur on the Annuity anniversary next following the 3rd anniversary of the prior step-up, and can occur each Annuity anniversary thereafter. We will effect an auto step-up only if, on the Annuity anniversary that the auto step-up is scheduled to occur, 5% of the Account Value exceeds 105% times the Annual Income Amount. Because the formula that determines when an auto step-up is effected differs from that which allows you to initiate a step-up on your own, scenarios may arise in which you may be allowed to initiate a step-up even though no auto step-up would occur. In that event, you may initiate a step-up according to the rules described above. If you do, and you also are participating in our auto step-up program, then the earliest that the next auto step-up could occur would be the Annuity anniversary next following 3 years from the date of the prior step-up. You are free to terminate the auto step-up program at any time. The Protected Withdrawal Value is reduced each time a withdrawal is made on a dollar-for-dollar basis up to 7% per Annuity Year of the Protected Withdrawal Value and on the greater of a dollar-for-dollar basis or a proportional basis (see examples below) for withdrawals in an Annuity Year in excess of that amount until the Protected Withdrawal Value is reduced to zero. At that point the Annual Withdrawal Amount will be zero until such time (if any) as the Annuity reflects a Protected Withdrawal Value (for example, due to a step-up or additional Purchase Payments being made into the Annuity). KEY FEATURE -- Annual Income Amount under the Life Income Benefit The initial Annual Income Amount is equal to 5% of the initial Protected Withdrawal Value. Under the Lifetime Five program, if your cumulative withdrawals in an Annuity Year are less than or equal to the Annual Income Amount, they will not reduce your Annual Income Amount in subsequent Annuity Years. If your cumulative withdrawals are in excess of the Annual Income Amount ("Excess Income"), your Annual Income Amount in subsequent years will be reduced (except with regard to required minimum distributions) by the result of the ratio of the Excess Income to the Account Value immediately prior to such withdrawal (see examples of this calculation below). Reductions include the actual amount of the withdrawal, including any CDSC that may apply. A withdrawal can be considered Excess Income under the Life Income Benefit even though it does not exceed the Annual Withdrawal Amount under the Withdrawal Benefit. When you elect a step-up (or an auto step-up is effected), your Annual Income Amount increases to equal 5% of your Account Value after the step-up if such amount is greater than your Annual Income Amount. Your Annual Income Amount also increases if you make additional Purchase Payments. The amount of the increase is equal to 5% of any additional Purchase Payments (and associated Purchase Credits in the case of the X Series). Any increase will be added to your Annual Income Amount beginning on the day that the step-up is effective or the Purchase Payment is made. A determination of whether you have exceeded your Annual Income Amount is made at the time of each withdrawal; therefore a subsequent increase in the Annual Income Amount will not offset the effect of a withdrawal that exceeded the Annual Income Amount at the time the withdrawal was made. KEY FEATURE -- Annual Withdrawal Amount under the Withdrawal Benefit The initial Annual Withdrawal Amount is equal to 7% of the initial Protected Withdrawal Value. Under the Lifetime Five program, if your cumulative withdrawals each Annuity Year are less than or equal to the Annual Withdrawal Amount, your 40 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- Protected Withdrawal Value will be reduced on a dollar-for-- dollar basis. If your cumulative withdrawals are in excess of the Annual Withdrawal Amount ("Excess Withdrawal"), your Annual Withdrawal Amount will be reduced (except with regard to required minimum distributions) by the result of the ratio of the Excess Withdrawal to the Account Value immediately prior to such withdrawal (see the examples of this calculation below). Reductions include the actual amount of the withdrawal, including any CDSC that may apply. When you elect a step-up (or an auto step-up is effected), your Annual Withdrawal Amount increases to equal 7% of your Account Value after the step-up if such amount is greater than your Annual Withdrawal Amount. Your Annual Withdrawal Amount also increases if you make additional Purchase Payments. The amount of the increase is equal to 7% of any additional Purchase Payments (and associated Purchase Credits in the case of the X Series). A determination of whether you have exceeded your Annual Withdrawal Amount is made at the time of each withdrawal; therefore, a subsequent increase in the Annual Withdrawal Amount will not offset the effect of a withdrawal that exceeded the Annual Withdrawal Amount at the time the withdrawal was made. The Lifetime Five program does not affect your ability to make withdrawals under your Annuity or limit your ability to request withdrawals that exceed the Annual Income Amount and the Annual Withdrawal Amount. You are not required to withdraw all or any portion of the Annual Withdrawal Amount or Annual Income Amount in each Annuity Year. o If, cumulatively, you withdraw an amount less than the Annual Withdrawal Amount under the Withdrawal Benefit in any Annuity Year, you cannot carry-over the unused portion of the Annual Withdrawal Amount to subsequent Annuity Years. However, because the Protected Withdrawal Value is only reduced by the actual amount of withdrawals you make under these circumstances, any unused Annual Withdrawal Amount may extend the period of time until the remaining Protected Withdrawal Value is reduced to zero. o If, cumulatively, you withdraw an amount less than the Annual Income Amount under the Life Income Benefit in any Annuity Year, you cannot carry-over the unused portion of the Annual Income Amount to subsequent Annuity Years. However, because the Protected Withdrawal Value is only reduced by the actual amount of withdrawals you make under these circumstances, any unused Annual Income Amount may extend the period of time until the remaining Protected Withdrawal Value is reduced to zero. The following examples of dollar-for-dollar and proportional reductions and the step-up of the Protected Withdrawal Value, Annual Withdrawal Amount and Annual Income Amount assume: 1.) the Issue Date and the Effective Date of the Lifetime Five program are February 1, 2005; 2.) an initial Purchase Payment of $250,000 (includes Purchase Credits in the case of the X Series); 3.) the Account Value on February 1, 2006 is equal to $265,000; 4.) the first withdrawal occurs on March 1, 2006 when the Account Value is equal to $263,000; and 5.) the Account Value on March 1, 2009 is equal to $240,000. The initial Protected Withdrawal Value is calculated as the greatest of (a), (b) and (c): (a) Purchase payment accumulated at 5% per year from February 1, 2005 (393/365) until March 1, 2006 (393 days) = $250,000 x 1.05 = $263,484.33 (b) Account Value on March 1, 2006 (the date of the first withdrawal) = $263,000 (c) Account Value on February 1, 2006 (the first Annuity Anniversary) = $265,000 Therefore, the initial Protected Withdrawal Value is equal to $265,000. The Annual Withdrawal Amount is equal to $18,550 under the Withdrawal Benefit (7% of $265,000). The Annual Income Amount is equal to $13,250 under the Life Income Benefit (5% of $265,000). Example 1. Dollar-for-dollar reduction If $10,000 was withdrawn (less than both the Annual Income Amount and the Annual Withdrawal Amount) on March 1, 2006, then the following values would result: o Remaining Annual Withdrawal Amount for current Annuity Year = $18,550 - $10,000 = $8,550 Annual Withdrawal Amount for future Annuity Years remains at $18,550 o Remaining Annual Income Amount for current Annuity Year = $13,250 - $10,000 = $3,250 Annual Income Amount for future Annuity Years remains at $13,250 o Protected Withdrawal Value is reduced by $10,000 from $265,000 to $255,000 41 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Living Benefit Programs continued - -------------------------------------------------------------------------------- Example 2. Dollar-for-dollar and proportional reductions (a) If $15,000 was withdrawn (more than the Annual Income Amount but less than the Annual Withdrawal Amount) on March 1, 2006, then the following values would result: o Remaining Annual Withdrawal Amount for current Annuity Year = $18,550 - $15,000 = $3,550 Annual Withdrawal Amount for future Annuity Years remains at $18,550 o Remaining Annual Income Amount for current Annuity Year = $0 Excess of withdrawal over the Annual Income Amount ($15,000 - $13,250 = $1,750) reduces Annual Income Amount for future Annuity Years. o Reduction to Annual Income Amount = Excess Income/Account Value before Excess Income x Annual Income Amount = $1,750 / ($263,000 - $13,250) x $13,250 = $93 Annual Income Amount for future Annuity Years = $13,250 - $93 = $13,157 o Protected Withdrawal Value is reduced by $15,000 from $265,000 to $250,000 (b) If $25,000 was withdrawn (more than both the Annual Income Amount and the Annual Withdrawal Amount) on March 1, 2006, then the following values would result: o Remaining Annual Withdrawal Amount for current Annuity Year = $0 Excess of withdrawal over the Annual Withdrawal Amount ($25,000 - $18,550 = $6,450) reduces Annual Withdrawal Amount for future Annuity Years. o Reduction to Annual Withdrawal Amount = Excess Withdrawal/Account Value before Excess Withdrawal x Annual Withdrawal Amount = $6,450 / ($263,000 - $18,550) x $18,550 = $489 Annual Withdrawal Amount for future Annuity Years = $18,550 - $489 = $18,061 o Remaining Annual Income Amount for current Annuity Year = $0 Excess of withdrawal over the Annual Income Amount ($25,000 - $13,250 = $11,750) reduces Annual Income Amount for future Annuity Years. o Reduction to Annual Income Amount = Excess Income/Account Value before Excess Income x Annual Income Amount = $11,750 / ($263,000 - $13,250) x $13,250 = $623 Annual Income Amount for future Annuity Years = $13,250 - $623 = $12,627 o Protected Withdrawal Value is first reduced by the Annual Withdrawal Amount ($18,550) from $265,000 to $246,450. It is further reduced by the greater of a dollar-for-dollar reduction or a proportional reduction. Dollar-for-dollar reduction = $25,000 - $18,550 = $6,450 o Proportional reduction = Excess Withdrawal / Account Value before Excess Withdrawal x Protected Withdrawal Value = $6,450 / ($263,000 - $18,550) x $246,450 = $6,503 Protected Withdrawal Value = $246,450 - max {$6,450, $6,503} = $239,947 Example 3. Step-up of the Protected Withdrawal Value If the Annual Income Amount ($13,250) is withdrawn each year starting on March 1, 2006 for a period of 3 years, the Protected Withdrawal Value on March 1, 2009 would be reduced to $225,250 {$265,000 - ($13,250 x 3)}. If a step-up is elected on March 1, 2009, then the following values would result: o Protected Withdrawal Value = Account Value on March 1, 2009 = $240,000 o Annual Income Amount is equal to the greater of the current Annual Income Amount or 5% of the stepped up Protected Withdrawal Value. Current Annual Income Amount is $13,250. 5% of the stepped up Protected Withdrawal Value is 5% of $240,000, which is $12,000. Therefore, the Annual Income Amount remains $13,250. o Annual Withdrawal Amount is equal to the greater of the current Annual Withdrawal Amount or 7% of the stepped up Protected Withdrawal Value. Current Annual Withdrawal Amount is $18,550. 7% of the stepped-up Protected Withdrawal Value is 7% of $240,000, which is $16,800. Therefore the Annual Withdrawal Amount remains $18,550. BENEFITS UNDER THE LIFETIME FIVE PROGRAM o If your Account Value is equal to zero, and the cumulative withdrawals in the current Annuity Year are greater than the Annual Withdrawal Amount, the Lifetime Five program will terminate. To the extent that your Account Value was reduced to zero as a result of cumulative withdrawals that are equal to or less than the Annual Income Amount and amounts are still payable under both the Life Income Benefit and the Withdrawal Benefit, you will be given the choice of receiving the payments under the Life Income Benefit or under the Withdrawal Benefit. Once you make this election we will make an 42 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- additional payment for that Annuity Year equal to either the remaining Annual Income Amount or Annual Withdrawal Amount for the Annuity Year, if any, depending on the option you choose. In subsequent Annuity Years we make payments that equal either the Annual Income Amount or the Annual Withdrawal Amount as described in this Prospectus. You will not be able to change the option after your election and no further Purchase Payments will be accepted under your Annuity. If you do not make an election, we will pay you annually under the Life Income Benefit. To the extent that cumulative withdrawals in the current Annuity Year that reduced your Account Value to zero are more than the Annual Income Amount but less than or equal to the Annual Withdrawal Amount and amounts are still payable under the Withdrawal Benefit, you will receive the payments under the Withdrawal Benefit. In the year of a withdrawal that reduced your Account Value to zero, we will make an additional payment to equal any remaining Annual Withdrawal Amount and make payments equal to the Annual Withdrawal Amount in each subsequent year (until the Protected Withdrawal Value is depleted). Once your Account Value equals zero no further Purchase Payments will be accepted under your Annuity. o If annuity payments are to begin under the terms of your Annuity or if you decide to begin receiving annuity payments and there is any Annual Income Amount due in subsequent Annuity Years or any remaining Protected Withdrawal Value, you can elect one of the following three options: (1) apply your Account Value to any annuity option available; or (2) request that, as of the date annuity payments are to begin, we make annuity payments each year equal to the Annual Income Amount. We make such annuity payments until the Annuitant's death; or (3) request that, as of the date annuity payments are to begin, we pay out any remaining Protected Withdrawal Value as annuity payments. Each year such annuity payments will equal the Annual Withdrawal Amount or the remaining Protected Withdrawal Value if less. We make such annuity payments until the earlier of the Annuitant's death or the date the Protected Withdrawal Value is depleted. We must receive your request in a form acceptable to us at our office. o In the absence of an election when mandatory annuity payments are to begin, we will make annual annuity payments as a single life fixed annuity with five payments certain using the greater of the annuity rates then currently available or the annuity rates guaranteed in your Annuity. The amount that will be applied to provide such annuity payments will be the greater of: (1) the present value of future Annual Income Amount payments. Such present value will be calculated using the greater of the single life fixed annuity rates then currently available or the single life fixed annuity rates guaranteed in your Annuity; and (2) the Account Value. o If no withdrawal was ever taken, we will determine a Protected Withdrawal Value and calculate an Annual Income Amount and an Annual Withdrawal Amount as if you made your first withdrawal on the date the annuity payments are to begin. Other Important Considerations o Withdrawals under the Lifetime Five program are subject to all of the terms and conditions of your Annuity, including any applicable CDSC. o Withdrawals made while the Lifetime Five program is in effect will be treated, for tax purposes, in the same way as any other withdrawals under your Annuity. The Lifetime Five program does not directly affect your Annuity's Account Value or Surrender Value, but any withdrawal will decrease the Account Value by the amount of the withdrawal (plus any applicable CDSC). If you surrender your Annuity, you will receive the current Surrender Value, not the Protected Withdrawal Value. o You can make withdrawals from your Annuity while your Account Value is greater than zero without purchasing the Lifetime Five program. The Lifetime Five program provides a guarantee that if your Account Value declines due to market performance, you will be able to receive your Protected Withdrawal Value or Annual Income Amount in the form of periodic benefit payments. 43 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Living Benefit Programs continued - -------------------------------------------------------------------------------- o You must allocate your Account Value in accordance with the then permitted and available option(s) with this program in order to elect and maintain the Lifetime Five program. Election of the Program The Lifetime Five program can be elected at the time that you purchase your Annuity. We also offer existing Owners the option to elect the Lifetime Five program after the Issue Date of their Annuity, subject to our eligibility rules and restrictions. Your Account Value as the date of election will be used as a basis to calculate the initial Protected Withdrawal Value, the initial Protected Annual Withdrawal Amount, and the Annual Income Amount. Currently, if you terminate the program, you will only be permitted to re-elect the program or elect the Spousal Lifetime Five Income Benefit on any anniversary of the Issue Date that is at least 90 calendar days from the date the benefit was last terminated. We reserve the right to further limit the election/re-election frequency in the future. Before making any such change to the election/re-election frequency, we will provide prior notice to Owners who have an effective Lifetime Five Income Benefit. Termination of the Program The program terminates automatically when your Protected Withdrawal Value and Annual Income Amount equals zero. You may terminate the program at any time by notifying us. If you terminate the program, any guarantee provided by the benefit will terminate as of the date the termination is effective and certain restrictions on re-election of the benefit will apply as described above. The program terminates upon your surrender of your Annuity, upon the death of the Annuitant (but your surviving spouse may elect a new Lifetime Five if your spouse elects the spousal continuance option and your spouse would then be eligible to elect the benefit if he or she was a new purchaser), upon a change in ownership of your Annuity that changes the tax identification number of the Owner, upon change in the Annuitant or upon your election to begin receiving annuity payments. While you may terminate your program at any time, we may not terminate the program other than in the circumstances listed above. However, we may stop offering the program for new elections or re-elections at any time in the future. The charge for the Lifetime Five program will no longer be deducted from your Account Value upon termination of the program. Additional Tax Considerations for Qualified Contracts If you purchase an Annuity as an investment vehicle for "qualified" investments, including an IRA, SEP-IRA, or Tax Sheltered Annuity (or 403(b)), the minimum distribution rules under the Code require that you begin receiving periodic amounts from your Annuity beginning after age 70 1/2. For a Tax Sheltered Annuity, this required beginning date can be deferred to after retirement, if later. Roth IRAs are not subject to these rules during the Owner's lifetime. The amount required under the Code may exceed the Annual Withdrawal Amount and the Annual Income Amount, which will cause us to increase the Annual Income Amount and the Annual Withdrawal Amount in any Annuity Year that required minimum distributions due from your Annuity are greater than such amounts. Any such payments will reduce your Protected Withdrawal Value. In addition, the amount and duration of payments under the annuity payment and Death Benefit provisions may be adjusted so that the payments do not trigger any penalty or excise taxes due to tax considerations such as minimum distribution requirements. Charges under the Program Currently, we deduct a charge equal to 0.60% of the average daily net assets of the Sub-accounts per year to purchase the Lifetime Five program. The annual charge is deducted daily. SPOUSAL LIFETIME FIVE INCOME BENEFIT (SPOUSAL LIFETIME FIVE) - -------------------------------------------------------------------------------- Currently, if you elect Spousal Lifetime Five and subsequently terminate the benefit, there will be a restriction on your ability to re-elect Spousal Lifetime Five and Lifetime Five (see "Election of the Program" below for details). Spousal Lifetime Five must be elected based on two Designated Lives, as described below. Each Designated Life must be at least 55 years old when the benefit is elected. The Spousal Lifetime Five program is not available if you elect any other optional living benefit or Death Benefit. As long as your Spousal Lifetime Five Income Benefit is in effect, you must allocate your Account Value in accordance with the then permitted and available option(s) with this program. - -------------------------------------------------------------------------------- We offer a program that guarantees until the later death of two natural persons that are each other's spouses at the time of election of Spousal Lifetime Five and at the first death of one of them (the "Designated Lives", each a "Designated Life") the ability to withdraw an annual amount ("Spousal Life Income Benefit") equal to a percentage of an initial principal value (the "Protected Withdrawal Value") regardless of the impact of market performance on the Account Value, subject to 44 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- our program rules regarding the timing and amount of withdrawals. The Spousal Life Income Benefit may remain in effect even if the Account Value of the Annuity is zero. The program may be appropriate if you intend to make periodic withdrawals from your Annuity, wish to ensure that market performance will not affect your ability to receive annual payments, and wish either spouse to be able to continue the Spousal Life Income Benefit after the death of the first. You are not required to make withdrawals as part of the program -- the guarantees are not lost if you withdraw less than the maximum allowable amount each year under the rules of the program. KEY FEATURE -- Initial Protected Withdrawal Value The initial Protected Withdrawal Value is used to determine the amount of initial annual payment under the Spousal Life Income Benefit. The initial Protected Withdrawal Value is determined as of the date you make your first withdrawal under the Annuity following your election of Spousal Lifetime Five. The initial Protected Withdrawal Value is equal to the greater of (A) the Account Value on the date you elect Spousal Lifetime Five, plus any additional Purchase Payments (and associated Purchase Credits with respect to the X Series) each growing at 5% per year from the date of your election of the program or application of the Purchase Payment (and associated Purchase Credit with respect to the X Series) to your Annuity, as applicable, until the date of your first withdrawal or the 10th anniversary of the benefit effective date, if earlier (B) the Account Value as of the date of the first withdrawal from your Annuity, prior to the withdrawal, and (C) the highest Account Value on each Annuity anniversary prior to the first withdrawal or on the first 10 Annuity anniversaries if earlier than the date of your first withdrawal after the benefit effective date. With respect to (B) and (C) above, each value is increased by the amount of any subsequent Purchase Payments (and associated Purchase Credits with respect to the X Series). o If you elect the Spousal Lifetime Five program at the time you purchase your Annuity, the Account Value will be your initial Purchase Payment plus the amount of any associated Purchase Credit with respect to the X Series. o For existing Owners who are electing the Spousal Lifetime Five benefit, the Account Value on the date of your election of the Spousal Lifetime Five program will be used to determine the initial Protected Withdrawal Value. KEY FEATURE -- Annual Income Amount under the Spousal Life Income Benefit The initial Annual Income Amount is equal to 5% of the initial Protected Withdrawal Value. Under the Spousal Lifetime Five program, if your cumulative withdrawals in an Annuity Year are less than or equal to the Annual Income Amount, they will not reduce your Annual Income Amount in subsequent Annuity Years. If your cumulative withdrawals are in excess of the Annual Income Amount ("Excess Income"), your Annual Income Amount in subsequent years will be reduced (except with regard to required minimum distributions) by the result of the ratio of the Excess Income to the Account Value immediately prior to such withdrawal (see examples of this calculation below). Reductions include the actual amount of the withdrawal, including any CDSC that may apply. You may elect to step-up your Annual Income Amount if, due to positive market performance, 5% of your Account Value is greater than the Annual Income Amount. You are eligible to step-up the Annual Income Amount on or after the 3rd anniversary of the first withdrawal under the Spousal Lifetime Five program. The Annual Income Amount can be stepped up again on or after the 3rd anniversary of the preceding step-up. If you elect to step-up the Annual Income Amount under the program, and on the date you elect to step-up, the charges under the Spousal Lifetime Five program have changed for new purchasers, your program may be subject to the new charge going forward. When you elect a step-up, your Annual Income Amount increases to equal 5% of your Account Value after the step-up. Your Annual Income Amount also increases if you make additional Purchase Payments. The amount of the increase is equal to 5% of any additional Purchase Payments plus 5% of any associated Purchase Credits with respect to the X Series. Any increase will be added to your Annual Income Amount beginning on the day that the step-up is effective or the Purchase Payment is made. A determination of whether you have exceeded your Annual Income Amount is made at the time of each withdrawal; therefore a subsequent increase in the Annual Income Amount will not offset the effect of a with- 45 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Living Benefit Programs continued - -------------------------------------------------------------------------------- drawal that exceeded the Annual Income Amount at the time the withdrawal was made. We also offer an "auto step-up" feature at no additional cost. You may elect this feature either at the time you elect Spousal Lifetime Five or after you have elected Spousal Lifetime Five. If, on the date that we implement an auto step-up to your Annual Income Amount, the charges under the Spousal Lifetime Five program have changed for new purchasers, your program may be subject to the new charge going forward. We implement an auto step-up only at specific times and if Account Value has attained or exceeded a certain amount. Specifically, if you have never implemented a step-up, then an auto step-up can occur on the Annuity anniversary next following the 3rd anniversary of the first withdrawal under the Spousal Lifetime Five program, and can occur each Annuity anniversary thereafter. If you have implemented a step-up (whether initiated directly by you or effected under the auto step-up program), then an auto step-up can occur on the Annuity anniversary next following the 3rd anniversary of the prior step-up, and can occur each Annuity anniversary thereafter. We will effect an auto step-up only if, on the Annuity anniversary that the auto step-up is scheduled to occur, 5% of the Account Value exceeds 105% times the Annual Income Amount. Because the formula that determines when an auto step-up is affected differs from that which allows you to initiate a step-up on your own, scenarios may arise in which you may be allowed to initiate a step-up even though no auto step-up would occur. The Spousal Lifetime Five program does not affect your ability to make withdrawals under your Annuity or limit your ability to request withdrawals that exceed the Annual Income Amount. If, cumulatively, you withdraw an amount less than the Annual Income Amount under the Spousal Life Income Benefit in any Annuity Year, you cannot carry-over the unused portion of the Annual Income Amount to subsequent Annuity Years. The following examples of dollar-for-dollar and proportional reductions and the step-up of the Annual Income Amount assume: 1.) the Issue Date and the Effective Date of the Spousal Lifetime Five program are February 1, 2005; 2.) an initial Purchase Payment of $250,000 (includes any Purchase Credits with respect to the X Series); 3.) the Account Value on February 1, 2006 is equal to $265,000; 4.) the first withdrawal occurs on March 1, 2006 when the Account Value is equal to $263,000; and 5.) the Account Value on March 1, 2009 is equal to $280,000. The initial Protected Withdrawal Value is calculated as the greatest of (a), (b) and (c): (a) Purchase payment accumulated at 5% per year from February 1, 2005 (393/365) until March 1, 2006 (393 days) = $250,000 x 1.05 = $263,484.33 (b) Account Value on March 1, 2006 (the date of the first withdrawal) = $263,000 (c) Account Value on February 1, 2006 (the first Annuity Anniversary) = $265,000 Therefore, the initial Protected Withdrawal Value is equal to $265,000. The Annual Income Amount is equal to $13,250 under the Spousal Life Income Benefit (5% of $265,000). Example 1. Dollar-for-dollar reduction If $10,000 was withdrawn (less than the Annual Income Amount) on March 1, 2006, then the following values would result: o Remaining Annual Income Amount for current Annuity Year = $13,250 - $10,000 = $3,250 Annual Income Amount for future Annuity Years remains at $13,250 Example 2. Dollar-for-dollar and proportional reductions (a) If $15,000 was withdrawn (more than the Annual Income Amount) on March 1, 2006, then the following values would result: o Remaining Annual Income Amount for current Annuity Year = $0 Excess of withdrawal over the Annual Income Amount ($15,000 - $13,250 = $1,750) reduces Annual Income Amount for future Annuity Years. o Reduction to Annual Income Amount = Excess Income/ Account Value before Excess Income x Annual Income Amount = $1,750 / ($263,000 - $13,250) x $13,250 = $93 Annual Income Amount for future Annuity Years = $13,250 - $93 = $13,157 Example 3. Step-up of the Annual Income Amount If a step-up of the Annual Income Amount is requested on March 1, 2009, the request will be accepted because 5% of 46 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- the Account Value, which is $14,000 (5% of $280,000), is greater than the Annual Income Amount of $13,250. The new Annual Income Amount will be equal to $14,000. BENEFITS UNDER THE SPOUSAL LIFETIME FIVE PROGRAM To the extent that your Account Value was reduced to zero as a result of cumulative withdrawals that are equal to or less than the Annual Income Amount and amounts are still payable under the Spousal Life Income Benefit, we will make an additional payment for that Annuity Year equal to the remaining Annual Income Amount for the Annuity Year, if any. In subsequent Annuity Years we make payments that equal the Annual Income Amount as described in this Prospectus. No further Purchase Payments will be accepted under your Annuity. We will make payments until the first of the Designated Lives to die, and will continue to make payments until the death of the second Designated Life as long as the Designated Lives were spouses at the time of the first death. To the extent that cumulative withdrawals in the current Annuity Year that reduced your Account Value to zero are more than the Annual Income Amount, the Spousal Life Income Benefit terminates and no additional payments will be made. If annuity payments are to begin under the terms of your Annuity or if you decide to begin receiving annuity payments and there is any Annual Income Amount due in subsequent Annuity Years, you can elect one of the following two options: (1) apply your Account Value to any annuity option available; or (2) request that, as of the date annuity payments are to begin, we make annuity payments each year equal to the Annual Income Amount. We will make payments until the first of the Designated Lives to die, and will continue to make payments until the death of the second Designated Life as long as the Designated Lives were spouses at the time of the first death. We must receive your request in a form acceptable to us at our office. In the absence of an election when mandatory annuity payments are to begin, we will make annual annuity payments as a joint and survivor or single (as applicable) life fixed annuity with five payments certain using the same basis that is used to calculate the greater of the annuity rates then currently available or the annuity rates guaranteed in your Annuity. The amount that will be applied to provide such annuity payments will be the greater of: (1) the present value of future Annual Income Amount payments. Such present value will be calculated using the same basis that is used to calculate the single life fixed annuity rates then currently available or the single life fixed annuity rates guaranteed in your Annuity; and (2) the Account Value. If no withdrawal was ever taken, we will determine an initial Protected Withdrawal Value and calculate an Annual Income Amount as if you made your first withdrawal on the date the annuity payments are to begin. Other Important Considerations o Withdrawals under the Spousal Lifetime Five program are subject to all of the terms and conditions of the Annuity, including any CDSC. o Withdrawals made while the Spousal Lifetime Five program is in effect will be treated, for tax purposes, in the same way as any other withdrawals under the Annuity. The Spousal Lifetime Five program does not directly affect the Annuity's Account Value or Surrender Value, but any withdrawal will decrease the Account Value by the amount of the withdrawal (plus any applicable CDSC). If you surrender your Annuity, you will receive the current Surrender Value. o You can make withdrawals from your Annuity while your Account Value is greater than zero without purchasing the Spousal Lifetime Five program. The Spousal Lifetime Five program provides a guarantee that if your Account Value declines due to market performance, you will be able to receive your Annual Income Amount in the form of periodic benefit payments. o You must allocate your Account Value in accordance with the then available option(s) that we may permit in order to elect and maintain the Spousal Lifetime Five program. o There may be circumstances where you will continue to be charged the full amount for the Spousal Lifetime Five program even when the benefit is only providing a guarantee of income based on one life with no survivorship. o In order for the Surviving Designated Life to continue the Spousal Lifetime Five program, upon the death of an Owner, the Designated Life must elect to assume ownership of the Annuity under the spousal continuation option. See "Spousal Owners/Spousal Beneficiaries" and "Spousal Beneficiary -- Assumption of Annuity" in this Prospectus. Election of and Designations under the Program Spousal Lifetime Five can only be elected based on two Designated Lives. Designated Lives must be natural persons who are 47 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Living Benefit Programs continued - -------------------------------------------------------------------------------- each other's spouses at the time of election of the program and at the death of the first of the Designated Lives to die. Currently, the program may only be elected where the Owner, Annuitant and Beneficiary designations are as follows: o One Annuity Owner, where the Annuitant and the Owner are the same person and the beneficiary is the Owner's spouse. The Owner/Annuitant and the beneficiary each must be at least 55 years old at the time of election; or o Co-Annuity Owners, where the Owners are each other's spouses. The Beneficiary designation must be the surviving spouse. The first named Owner must be the Annuitant. Both Owners must each be at least 55 years old at the time of election. No Ownership changes or Annuitant changes will be permitted once this program is elected. However, if the Annuity is co-owned, the Owner that is not the Annuitant may be removed without affecting the benefit. The Spousal Lifetime Five program can be elected at the time that you purchase your Annuity. We also offer existing Owners the option to elect the Spousal Lifetime Five program after the Issue Date of their Annuity, subject to our eligibility rules and restrictions. Your Account Value as the date of election will be used as a basis to calculate the initial Protected Withdrawal Value and the Annual Income Amount. Currently, if you terminate the program, you will only be permitted to re-elect Spousal Lifetime Five or elect the Lifetime Five Income Benefit on any anniversary of the Issue Date that is at least 90 calendar days from the date the benefit was last terminated. We reserve the right to further limit the election frequency in the future. Before making any such change to the election frequency, we will provide prior notice to Owners who have an effective Spousal Lifetime Five Income Benefit. Termination of the Program The program terminates automatically when your Annual Income Amount equals zero. You may terminate the program at any time by notifying us. If you terminate the program, any guarantee provided by the benefit will terminate as of the date the termination is effective and certain restrictions on re-election of the benefit will apply as described above. We reserve the right to further limit the frequency election in the future. The program terminates upon your surrender of the Annuity, upon the first Designated Life to die if the Annuity is not continued, upon the second Designated Life to die or upon your election to begin receiving annuity payments. The charge for the Spousal Lifetime Five program will no longer be deducted from your Account Value upon termination of the program. Additional Tax Considerations for Qualified Contracts If you purchase an Annuity as an investment vehicle for "qualified" investments, including an IRA, SEP-IRA, or Tax Sheltered Annuity (or 403(b)), the minimum distribution rules under the Code require that you begin receiving periodic amounts from your Annuity beginning after age 70 1/2. For a Tax Sheltered Annuity, this required beginning date can generally be deferred to after retirement, if later. Roth IRAs are not subject to these rules during the Owner's lifetime. The amount required under the Code may exceed the Annual Income Amount, which will cause us to increase the Annual Income Amount in any Annuity Year that required minimum distributions due from your Annuity are greater than such amounts. In addition, the amount and duration of payments under the annuity payment and Death Benefit provisions may be adjusted so that the payments do not trigger any penalty or excise taxes due to tax considerations such as minimum distribution requirements. Charges under the Program Currently, we deduct a charge equal to 0.75% of the average daily net assets of the Sub-accounts per year to purchase the Spousal Lifetime Five program. The annual charge is deducted daily. 48 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Death Benefit - -------------------------------------------------------------------------------- WHAT TRIGGERS THE PAYMENT OF A DEATH BENEFIT? Each Annuity provides a Death Benefit during its accumulation period. If an Annuity is owned by one or more natural persons, the Death Benefit is payable upon the first death of an Owner. If an Annuity is owned by an entity, the Death Benefit is payable upon the Annuitant's death, if there is no Contingent Annuitant. If a Contingent Annuitant was designated before the Annuitant's death and the Annuitant dies, then the Contingent Annuitant becomes the Annuitant and a Death Benefit will not be paid at that time. The person upon whose death the Death Benefit is paid is referred to below as the "decedent." BASIC DEATH BENEFIT Each Annuity provides a basic Death Benefit at no additional charge. The Insurance Charge we deduct daily from your Account Value allocated to the Sub-accounts is used, in part, to pay us for the risk we assume in providing the basic Death Benefit guarantee under an Annuity. Each Annuity also offers an optional Death Benefit that can be purchased for an additional charge. The additional charge is deducted to compensate Pruco Life of New Jersey for providing increased insurance protection under the optional Death Benefit. Notwithstanding the additional protection provided under the optional Death Benefit, the additional cost has the impact of reducing the net performance of the investment options. In addition, with respect to the X Series, under certain circumstances, your Death Benefit may be reduced by the amount of any Purchase Credits we applied to your Purchase Payments. (See "How are Purchase Credits Applied to My Accounts Value".) The basic Death Benefit is equal to the greater of: o The sum of all Purchase Payments (and, for the X series, the amount of any Purchase Credits received more than 12 months prior to death) less the sum of all proportional withdrawals. o The sum of your Account Value in the Sub-accounts and the Fixed Rate Options (less the amount of any Purchase Credits applied within 12-months prior to the date of death, in the case of the X Series). "Proportional withdrawals" are determined by calculating the percentage of your Account Value that each prior withdrawal represented when withdrawn. For example, a withdrawal of 50% of Account Value would be considered as a 50% reduction in Purchase Payments for purposes of calculating the basic Death Benefit. OPTIONAL DEATH BENEFITS One optional Death Benefit is offered for purchase with your Annuity to provide an enhanced level of protection for your beneficiaries. Key terms that we use to describe these optional death benefits are set forth within the description of each optional death benefit. - -------------------------------------------------------------------------------- Currently, the optional death benefit must be elected at the time that you purchase your Annuity. We may, at a later date, allow existing Annuity Owners to purchase the optional Death Benefit subject to our rules and any changes or restrictions in the benefits. Certain terms and conditions may differ if you purchase your Annuity as part of an exchange, replacement or transfer, in whole or in part, from any other Annuity we issue. If you elect Spousal Lifetime Five, you are not permitted to elect the optional Death Benefit. With respect to the X Series, under certain circumstances, the Optional Death Benefit that you elect may be reduced by the amount of Purchase Credits applied to your Purchase Payments. - -------------------------------------------------------------------------------- Highest Anniversary Value Death Benefit ("HAV") If the Annuity has one Owner, the Owner must be age 79 or less at the time Highest Anniversary Value Optional Death Benefit is purchased. If the Annuity has joint Owners, the oldest Owner must be age 79 or less. If the Annuity is owned by an entity, the Annuitant must be age 79 or less. Certain of the Portfolios offered as Sub-accounts under the Annuity are not available if you elect the Highest Anniversary Value Death Benefit. In addition, we reserve the right to require you to invest in specific Portfolios if you elect this death benefit. Calculation of Highest Anniversary Value Death Benefit The HAV Death Benefit depends on whether death occurs before or after the Death Benefit Target Date. If the Owner dies before the Death Benefit Target Date, the Death Benefit equals the greater of: 1. the basic Death Benefit described above; and 2. the Highest Anniversary Value as of the Owner's date of death. 49 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Death Benefit continued - -------------------------------------------------------------------------------- If the Owner dies on or after the Death Benefit Target Date, the Death Benefit equals the greater of: 1. the basic Death Benefit described above; and 2. the Highest Anniversary Value on the Death Benefit Target Date plus the sum of all Purchase Payments less the sum of all proportional withdrawals since the Death Benefit Target Date. The amount determined by this calculation is increased by any Purchase Payments received after the Owner's date of death and decreased by any proportional withdrawals since such date. The amount calculated in Items 1 & 2 above (before, on or after the Death Benefit Target Date) may be reduced by any Purchase Credits under certain circumstances. Please refer to the definition of Death Benefit Target Date below. This death benefit may not be an appropriate feature where the Owner's age is near the age specified in the Death Benefit Target Date. This is because the benefit may not have the same potential for growth as it otherwise would, since there will be fewer contract anniversaries before the death benefit target date is reached. Key Terms Used with the Highest Anniversary Value Death Benefit: o The Death Benefit Target Date for the Highest Anniversary Value Death Benefit is the Annuity Anniversary on or after the 80th birthday of the current Owner, the oldest of either joint Owner or the Annuitant, if entity owned. o The Highest Anniversary Value equals the highest of all previous "Anniversary Values" less proportional withdrawals since such anniversary and plus any Purchase Payment (including any Purchase Credits applied to such Purchase Payment more than twelve (12) months prior to the date of death, in the case of the X Series) since such anniversary. o The Anniversary Value is the Account Value as of each anniversary of the Issue Date of the Annuity. The Anniversary Value on the Issue Date is equal to your Purchase Payment (including any Purchase Credits applied to such Purchase Payment more than twelve (12) months prior to the date of death, in the case of the X Series). o Proportional withdrawals are determined by calculating the percentage of your Account Value that each prior withdrawal represented when withdrawn. Proportional withdrawals result in a reduction to the Highest Anniversary Value by reducing such value in the same proportion as the Account Value was reduced by the withdrawal as of the date the withdrawal occurred. For example, if your Highest Anniversary Value is $125,000 and you subsequently withdraw $10,000 at a time when your Account Value is equal to $100,000 (a 10% reduction), when calculating the optional Death Benefit we will reduce your Highest Anniversary Value ($125,000) by 10% or $12,500. Annuities with Joint Owners For Annuities with Joint Owners, the Death Benefits are calculated as shown above except that the age of the oldest of the Joint Owners is used to determine the Death Benefit Target Date. NOTE: If you and your spouse own your Annuity jointly, we will pay the Death Benefit to the Beneficiary. If the sole primary Beneficiary is the surviving spouse, then the surviving spouse can elect to assume ownership of your Annuity and continue the Annuity instead of receiving the Death Benefit. Annuities owned by entities For Annuities owned by an entity, the Death Benefits are calculated as shown above except that the age of the Annuitant is used to determine the Death Benefit Target Date. Payment of the Death Benefit is based on the death of the Annuitant (or Contingent Annuitant, if applicable). Can I terminate the optional HAV Death Benefit? Does the optional HAV Death Benefit terminate under other circumstances? For the B Series and the X Series, the HAV Death Benefit may not be terminated once elected. With respect to the L Series only, (i) if the HAV Death Benefit is elected on the Issue Date, then you may elect to terminate the benefit on the fifth Annuity anniversary and each Annuity anniversary thereafter (but not later than the tenth Annuity anniversary), but if you do terminate you will revert to the base death benefit, and you may not thereafter re-elect the optional benefit and (ii) if you did not elect the HAV death benefit on the Issue Date, then you may elect the HAV Death Benefit on the fifth Annuity anniversary and each Annuity anniversary thereafter (but not later than the tenth Annuity anniversary), but you may not thereafter terminate that election. The HAV Death Benefit will terminate automatically on the Annuity Date. We may also terminate the optional Death Benefit if necessary to comply with our interpretation of the Code and applicable regulations. What are the charges for the optional Death Benefit? We deduct a charge equal to 0.25% per year of the average daily net assets of the Sub-accounts for the HAV Death Benefit. We deduct the charge for this benefit to compensate Pruco 50 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- Life of New Jersey for providing increased insurance protection under the optional Death Benefits. The additional annual charge is deducted daily against your Account Value allocated to the Sub-accounts. Please refer to the section entitled "Tax Considerations" for additional considerations in relation to the optional Death Benefit. PAYMENT OF DEATH BENEFITS Payment of Death Benefit to Beneficiary Except in the case of a spousal assumption as described below, in the event of your death, the Death Benefit must be distributed: o as a lump sum amount at any time within five (5) years of the date of death; or o as a series of annuity payments not extending beyond the life expectancy of the Beneficiary or over the life of the Beneficiary. Payments under this option must begin within one year of the date of death. Unless you have made an election prior to Death Benefit proceeds becoming due, a Beneficiary can elect to receive the Death Benefit proceeds as a series of fixed annuity payments. See the section entitled "What Types of Annuity Options are Available." Spousal Beneficiary -- Assumption of Annuity You may name your spouse as your Beneficiary. If you and your spouse own your Annuity jointly, we assume that the sole primary Beneficiary will be the surviving spouse unless you elect an alternative Beneficiary designation. Unless you elect an alternative Beneficiary designation, the spouse Beneficiary may elect to assume ownership of the Annuity instead of taking the Death Benefit payment. Any Death Benefit (including any optional Death Benefit) that would have been payable to the Beneficiary will become the new Account Value as of the date we receive due proof of death and any required proof of a spousal relationship. As of the date the assumption is effective, the surviving spouse will have all the rights and benefits that would be available under the Annuity to a new purchaser of the same attained age. For purposes of determining any future Death Benefit for the surviving spouse, the new Account Value will be considered as the initial Purchase Payment. No CDSC will apply to the new Account Value. However, any additional Purchase Payments applied after the date the assumption is effective will be subject to all provisions of the Annuity, including any CDSC that may apply to the additional Purchase Payments. See the section entitled "Managing Your Annuity -- Spousal Contingent Annuitant" for a discussion of the treatment of a spousal Contingent Annuitant in the case of the death of the Annuitant in an entity owned Annuity. Are there any exceptions to these rules for paying the Death Benefit? Yes, there are exceptions that apply no matter how your Death Benefit is calculated. There are exceptions to the Death Benefit if the decedent was not the Owner or Annuitant as of the Issue Date (or within 60 days thereafter) and did not become the Owner or Annuitant due to the prior Owner's or Annuitant's death. Any Death Benefit (including any optional Death Benefit) that applies will be suspended for a two-year period from the date he or she first became Owner or Annuitant. After the two-year suspension period is completed, the Death Benefit is the same as if this person had been an Owner or Annuitant on the Issue Date. When do you determine the Death Benefit? We determine the amount of the Death Benefit as of the date we receive "due proof of death", any instructions we require to determine the method of payment and any other written representations we require to determine the proper payment of the Death Benefit to all Beneficiaries. "Due proof of death" may include a certified copy of a death certificate, a certified copy of a decree of a court of competent jurisdiction as to the finding of death or other satisfactory proof of death. Upon our receipt of "due proof of death" we automatically transfer the Death Benefit to the AST Money Market Sub-account until we further determine the universe of eligible Beneficiaries. Once the universe of eligible Beneficiaries has been determined each eligible Beneficiary may allocate his or her eligible share of the Death Benefit to an eligible annuity payment option. Each Beneficiary must make an election as to the method they wish to receive their portion of the Death Benefit. Absent an election of a Death Benefit payment method, no Death Benefit can be paid to the Beneficiary. We may require written acknowledgment of all named Beneficiaries before we can pay the Death Benefit. During the period from the date of death until we receive all required paper work, the amount of the Death Benefit may be subject to market fluctuations. 51 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Valuing Your Investment - -------------------------------------------------------------------------------- HOW IS MY ACCOUNT VALUE DETERMINED? During the accumulation period, your Annuity has an Account Value. The Account Value is determined separately for each Sub-account allocation and for each Fixed Rate Option. The Account Value is the sum of the values of each Sub-account allocation and the value of each Fixed Rate Option. The Account Value does not reflect any CDSC that may apply to a withdrawal or surrender. With respect to the X Series, the Account Value includes any Purchase Credits we applied to your Purchase Payments which we are entitled to recover under certain circumstances. WHAT IS THE SURRENDER VALUE OF MY ANNUITY? The Surrender Value of your Annuity is the value available to you on any day during the accumulation period. The Surrender Value is defined under "Glossary of Terms" above. HOW AND WHEN DO YOU VALUE THE SUB-ACCOUNTS? When you allocate Account Value to a Sub-account, you are purchasing units of the Sub-account. Each Sub-account invests exclusively in shares of an underlying Portfolio. The value of the Units fluctuates with the market fluctuations of the Portfolios. The value of the Units also reflects the daily accrual for the Insurance Charge, and if you elected one or more optional benefits whose annual charge is deducted daily, the additional charge made for such benefits. There may be several different Unit Prices for each Sub-account to reflect the Insurance Charge and the charges for any optional benefits. The Unit Price for the Units you purchase will be based on the total charges for the benefits that apply to your Annuity. See the section entitled "What Happens to My Units When There is a Change in Daily Asset-Based Charges?" for a detailed discussion of how Units are purchased and redeemed to reflect changes in the daily charges that apply to your Annuity. Each Valuation Day, we determine the price for a Unit of each Sub-account, called the "Unit Price." The Unit Price is used for determining the value of transactions involving Units of the Sub-accounts. We determine the number of Units involved in any transaction by dividing the dollar value of the transaction by the Unit Price of the Sub-account as of the Valuation Day. Example Assume you allocate $5,000 to a Sub-account. On the Valuation Day you make the allocation, the Unit Price is $14.83. Your $5,000 buys 337.154 Units of the Sub-account. Assume that later, you wish to transfer $3,000 of your Account Value out of that Sub-account and into another Sub-account. On the Valuation Day you request the transfer, the Unit Price of the original Sub-account has increased to $16.79. To transfer $3,000, we sell 178.677 Units at the current Unit Price, leaving you 158.477 Units. We then buy $3,000 of Units of the new Sub-account at the Unit Price of $17.83. You would then have 168.255 Units of the new Sub-account. WHEN DO YOU PROCESS AND VALUE TRANSACTIONS? Pruco Life of New Jersey is generally open to process financial transactions on those days that the New York Stock Exchange (NYSE) is open for trading. There may be circumstances where the NYSE does not open on a regularly scheduled date or time or closes at an earlier time than scheduled (normally 4:00 p.m. EST). Financial transactions requested before the close of the NYSE which meet our requirements will be processed according to the value next determined following the close of business. Financial transactions requested on a non-business day or after the close of the NYSE will be processed based on the value next computed on the next Valuation Day. There may be circumstances when the opening or closing time of the NYSE is different than other major stock exchanges, such as NASDAQ or the American Stock Exchange. Under such circumstances, the closing time of the NYSE will be used when valuing and processing transactions. There may be circumstances where the NYSE is open, however, due to inclement weather, natural disaster or other circumstances beyond our control, our offices may be closed or our business processing capabilities may be restricted. Under those circumstances, your Account Value may fluctuate based on changes in the Unit Values, but you may not be able to transfer Account Value, or make a purchase or redemption request. The NYSE is closed on the following nationally recognized holidays: New Year's Day, Martin Luther King, Jr. Day, Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. On those dates, we will not process any financial transactions involving purchase or redemption orders. Pruco Life of New Jersey will also not process financial transactions involving purchase or redemption orders or transfers on any day that: o trading on the NYSE is restricted; o an emergency exists making redemption or valuation of securities held in the separate account impractical; or o the SEC, by order, permits the suspension or postponement for the protection of security holders. 52 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- Initial Purchase Payments: We are required to allocate your initial Purchase Payment to the Sub-accounts within two (2) business days after we receive all of our requirements at our office to issue an Annuity. If we do not have all the required information to allow us to issue your Annuity, we may retain the Purchase Payment while we try to reach you or your representative to obtain all of our requirements. If we are unable to obtain all of our required information within five (5) business days, we are required to return the Purchase Payment to you at that time, unless you specifically consent to our retaining the Purchase Payment while we gather the required information. Once we obtain the required information, we will invest the Purchase Payment (and any associated Purchase Credit with respect to the X Series) and issue an Annuity within two (2) business days. During any period that we are trying to obtain the required information, your money is not invested. Additional Purchase Payments: We will apply any additional Purchase Payments (and any associated Purchase Credit with respect to the X Series) on the Valuation Day that we receive the Purchase Payment at our office with satisfactory allocation instructions. Scheduled Transactions: "Scheduled" transactions include transfers under Dollar Cost Averaging, Automatic Rebalancing, Systematic Withdrawals, Minimum Distributions or annuity payments. Scheduled transactions are processed and valued as of the date they are scheduled, unless the scheduled day is not a Valuation Day. In that case, the transaction will be processed and valued on the next Valuation Day, unless the next Valuation Day falls in the subsequent calendar year, in which case the transaction will be processed and valued on the prior Valuation Day. Unscheduled Transactions: "Unscheduled" transactions include any other non-scheduled transfers and requests for Partial Withdrawals or Free Withdrawals or Surrenders. Unscheduled transactions are processed and valued as of the Valuation Day we receive the request at our Office and have all of the required information. Death Benefit claims require our review and evaluation before processing. We price such transactions as of the date we receive at our Office all supporting documentation we require for such transactions and that are satisfactory to us. Termination of Optional Benefits: Except for the Guaranteed Minimum Income Benefit, which generally cannot be terminated by the owner once elected, if any optional benefit terminates, we will no longer deduct the charge we apply to purchase the optional benefit. Certain optional benefits may be added after you have purchased your Annuity. On the date a charge no longer applies or a charge for an optional benefit begins to be deducted, your Annuity will become subject to a different daily asset-based charge. This change may result in the number of Units attributed to your Annuity and the value of those Units being different than it was before the change; however, the adjustment in the number of Units and Unit Price will not affect your Account Value (although the change in charges that are deducted will affect your Account Value). 53 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Tax Considerations - -------------------------------------------------------------------------------- The tax considerations associated with each Annuity vary depending on whether the contract is (i) owned by an individual and not associated with a tax-favored retirement plan (including contracts held by a non-natural person, such as a trust acting as an agent for a natural person), or (ii) held under a tax-favored retirement plan. We discuss the tax considerations for these categories of contracts below. The discussion is general in nature and describes only federal income tax law (not state or other tax laws). It is based on current law and interpretations, which may change. The discussion includes a description of certain spousal rights under the contract and under tax-qualified plans. Our administration of such spousal rights and related tax reporting accords with our understanding of the Defense of Marriage Act (which defines a "marriage" as a legal union between a man and a woman and a "spouse" as a person of the opposite sex). The information provided is not intended as tax advice. You should consult with a qualified tax advisor for complete information and advice. References to Purchase Payments below relates to your cost basis in your contract. Generally, your cost basis in a contract not associated with a tax-favored retirement plan is the amount you pay into your contract, or into annuities exchanged for your contract, on an after-tax basis less any withdrawals of such payments. Each Annuity may also be purchased as a non-qualified annuity (i.e., a contract not held under a tax-favored retirement plan) by a trust or custodial IRA or 403(b) account, which can hold other permissible assets other than the annuity. The terms and administration of the trust or custodial account in accordance with the laws and regulations for IRAs or 403(b)s, as applicable, are the responsibility of the applicable trustee or custodian. CONTRACTS OWNED BY INDIVIDUALS (NOT ASSOCIATED WITH TAX-FAVORED RETIREMENT PLANS) Taxes Payable by You We believe each Annuity 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. It is possible that the Internal Revenue Service (IRS) would assert that some or all of the charges for the optional benefits under the contract should be treated for federal income tax purposes as a partial withdrawal from the contract. If this were the case, the charge for this benefit could be deemed a withdrawal and treated as taxable to the extent there are earnings in the contract. Additionally, for owners under age 59 1/2, the taxable income attributable to the charge for the benefit could be subject to a tax penalty. If the IRS determines that the charges for one or more benefits under the contract are taxable withdrawals, then the sole or surviving owner will be provided with a notice from us describing available alternatives regarding these benefits. If you choose to defer the Annuity Date beyond the default date for your Annuity, the IRS may not consider your contract to be an annuity under the tax law. For more information, see "How and When Do I Choose the Annuity Payment Option?". 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 withdrawals from the contract while you are alive even if the withdrawal is paid to someone else. If you assign or pledge all or part of your contract as collateral for a loan, the part assigned generally will be treated as a withdrawal. If you transfer your contract for less than full consideration, such as by gift, you will trigger tax on any gain in the contract. This rule does not apply if you transfer the contract to your spouse or under most circumstances if you transfer the contract incident to divorce. 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 pay- 54 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- ments 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% tax penalty. Amounts are not subject to this tax penalty if: o the amount is paid on or after you reach age 59 1/2 or die; o the amount received is attributable to your becoming disabled; o generally the amount paid or received is in the form of substantially equal payments not less frequently than annually (Please note that substantially equal payments must continue until the later of reaching age 59 1/2 or 5 years. Modification of payments during that time period will result in retroactive application of the 10% tax penalty.); or o the amount received is paid under an immediate annuity contract (in which annuity payments begin within one year of purchase). Special Rules in Relation to Tax-Free Exchanges Under Section 1035 Section 1035 of the Internal Revenue Code of 1986, as amended (Code) permits certain tax-free exchanges of a life insurance, annuity or endowment contract for an annuity. If an Annuity is purchased through a tax-free exchange of a life insurance, annuity or endowment contract that was purchased prior to August 14, 1982, then any Purchase Payments made to the original contract prior to August 14, 1982 will be treated as made to the new contract prior to that date. (See Federal Tax Status section in the Statement of Additional Information.) Partial surrenders may be treated in the same way as tax-free 1035 exchanges of entire contracts, therefore avoiding current taxation of any gains in the contract as well as the 10% tax penalty on pre-age 59 1/2 withdrawals. The IRS has reserved the right to treat transactions it considers abusive as ineligible for this favorable partial 1035 exchange treatment. We do not know what transactions may be considered abusive. For example we do not know how the IRS may view early withdrawals or annuitizations after a partial exchange. In addition, it is unclear how the IRS will treat a partial exchange from a life insurance, endowment, or annuity contract into an immediate annuity. As of the date of this prospectus, we will accept a partial 1035 exchange from a non-qualified annuity into an immediate annuity as a "tax-free" exchange for future tax reporting purposes, except to the extent that we, as a reporting and withholding agent, believe that we would be expected to deem the transaction to be abusive. However, some insurance companies may not recognize these partial surrenders as tax-free exchanges and may report them as taxable distributions to the extent of any gain distributed as well as subjecting the taxable portion of the distribution to the 10% tax penalty. We strongly urge you to discuss any transaction of this type with your tax advisor before proceeding with the transaction. Taxes Payable by Beneficiaries The Death Benefit options are subject to income tax to the extent the distribution exceeds the cost basis in the contract. The value of the Death Benefit, as determined under federal law, is also included in the owner's estate. Generally, the same tax rules described above would also apply to amounts received by your beneficiary. Choosing any option other than a lump sum Death Benefit may defer taxes. Certain minimum distribution requirements apply upon your death, as discussed further below. Tax consequences to the beneficiary vary among the Death Benefit payment options. o Choice 1: the beneficiary is taxed on earnings in the contract. o Choice 2: the beneficiary is taxed as amounts are withdrawn (in this case earnings are treated as being distributed first). o Choice 3: the beneficiary is taxed on each payment (part will be treated as earnings and part as return of premiums). Considerations for Contingent Annuitants: There may be adverse tax consequences if a Contingent Annuitant succeeds an Annuitant when an Annuity is owned by a trust that is neither tax exempt nor qualifies for preferred treatment under certain sections of the Code. In general, the Code is designed to prevent indefinite deferral of tax. Continuing the benefit of tax deferral by naming one or more Contingent Annuitants when an Annuity is owned by a non-qualified trust might be deemed an attempt to extend the tax deferral for an indefinite period. Therefore, adverse tax treatment may depend on the terms of the trust, who is named as Contingent Annuitant, as well as the particular facts and circumstances. You should consult your tax advisor before naming a Contingent Annuitant if you expect to use an Annuity in such a fashion. Reporting and Withholding on Distributions Taxable amounts distributed from an Annuity 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 55 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Tax Considerations continued - -------------------------------------------------------------------------------- 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. Please refer to the discussion below regarding withholding rules for tax favored plans (for example, an IRA). 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 Diversification And Investor Control. In order to qualify for the tax rules applicable to annuity contracts described above, the assets underlying the Sub-accounts of each Annuity must be diversified, according to certain rules. We believe these diversification rules will be met. An additional requirement for qualification for the tax treatment described above is that we, and not you as the contract owner, must have sufficient control over the underlying assets to be treated as the owner of the underlying assets for tax purposes. While we also believe these investor control rules will be met, the Treasury Department may promulgate guidelines under which a variable annuity will not be treated as an annuity for tax purposes if persons with ownership rights have excessive control over the investments underlying such variable annuity. It is unclear whether such guidelines, if in fact promulgated, would have retroactive effect. It is also unclear what effect, if any, such guidelines may have on transfers between the investment options offered pursuant to this Prospectus. We will take any action, including modifications to your Annuity or the investment options, required to comply with such guidelines if promulgated. Please refer to the Statement of Additional information for further information on these Diversification and Investor Control issues. Required Distributions Upon Your Death. Upon your death, certain distributions must be made under the contract. The required distributions depend on whether you die before you start taking annuity payments under the contract or after you start taking annuity payments under the contract. If you die on or after the Annuity Date, the remaining portion of the interest in the contract must be distributed at least as rapidly as under the method of distribution being used as of the date of 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 a periodic payment option is selected by your designated beneficiary and if such 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 a periodic payment option based on life expectancy or a period exceeding five years. If an Annuity is payable to (or for the benefit of) your surviving spouse, that portion of the contract may be continued with your spouse as the owner. Changes In Your Annuity. We reserve the right to make any changes we deem necessary to assure that your Annuity qualifies as an annuity contract for tax purposes. Any such changes will apply to all contract owners and you will be given notice to the extent feasible under the circumstances. Additional Information You should refer to the Statement of Additional Information if: o The contract is held by a corporation or other entity instead of by an individual or as agent for an individual. o Your contract was issued in exchange for a contract containing Purchase Payments made before August 14, 1982. o You transfer your contract to, or designate, a beneficiary who is either 37 1/2 years younger than you or a grandchild. o You purchased more than one annuity contract from the same insurer within the same calendar year (other than contracts held by tax favored plans). CONTRACTS HELD BY TAX-FAVORED PLANS The following discussion covers annuity contracts held under tax-favored retirement plans. 56 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- Currently, an Annuity may be purchased for use in connection with individual retirement accounts and annuities (IRAs) which are subject to Sections 408(a), 408(b) and 408A of the Code. In addition, each Annuity may be purchased for use in connection with a corporate Pension and Profit-sharing plan (subject to 401(a) of the Code), H.R. 10 plans (also known as Keogh Plans, subject to 401(a) of the Code), Tax Sheltered Annuities (subject to 403(b) of the Code, also known as Tax Deferred Annuities or TDAs), and Section 457 plans (subject to 457 of the Code). This description assumes that you have satisfied the requirements for eligibility for these products. Each Annuity may also be purchased as a non-qualified annuity (i.e., a contract not held under a tax-favored retirement plan) by a trust or custodial IRA or 403(b) account, which can hold other permissible assets other than the annuity. The terms and administration of the trust or custodial account in accordance with the laws and regulations for IRAs or 403(b)s, as applicable, are the responsibility of the applicable trustee or custodian. You should be aware that tax favored plans such as IRAs generally provide income tax deferral regardless of whether they invest in annuity contracts. This means that when a tax favored plan invests in an annuity contract, it generally does not result in any additional tax benefits (such as income tax deferral and income tax free transfers). Types of Tax-Favored Plans IRAs. If you buy an Annuity for use as an IRA, we will provide you a copy of the prospectus and contract. The "IRA Disclosure Statement" 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 Annuity by notifying us in writing, and we will refund all of the Purchase Payments under the Annuity (or, if provided by applicable state law, the amount credited under the Annuity, if greater), less any applicable federal and state income tax withholding. Contributions Limits/Rollovers. Because of the way each Annuity is designed, you may purchase an Annuity for an IRA in connection with a "rollover" of amounts from a qualified retirement plan, as a transfer from another IRA or as a current contribution. In 2006 the contribution limit is $4,000; increasing to $5,000 in 2008. 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, increasing to $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 an Annuity, you can make regular IRA contributions under the Annuity (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: o 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); o Your rights as owner are non-forfeitable; o You cannot sell, assign or pledge the contract; o The annual contribution you pay cannot be greater than the maximum amount allowed by law, including catch-up contributions if applicable (which does not include any rollover amounts); o The date on which required minimum distributions must begin cannot be later than April 1st of the calendar year after the calendar year you turn age 70 1/2; and o 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: o A 10% "early distribution penalty" described below; o Liability for "prohibited transactions" if you, for example, borrow against the value of an IRA; or o Failure to take a minimum distribution also described below. 57 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Tax Considerations continued - -------------------------------------------------------------------------------- SEPs. SEPs are a variation on a standard IRA, and con- tracts issued to a SEP must satisfy the same general requirements described under IRAs (above). There are, however, some differences: o 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) $44,000 in 2006 or (b) 25% of your taxable compensation paid by the contributing employer (not including the employer's SEP contribution as "compensation" for these purposes). However, for these purposes, compensation in excess of certain limits established by the IRS will not be considered. In 2006, this limit is $220,000; o SEPs must satisfy certain participation and nondiscrimination requirements not generally applicable to IRAs; and o SEPs that contain a salary reduction or "SARSEP" provision prior to 1997 may permit salary deferrals up to $15,000 in 2006 with the employer making these contributions to the SEP. However, no new "salary reduction" or "SARSEPs" can be established after 1996. Individuals participating in a SARSEP who are age 50 or above by the end of the year will be permitted to contribute an additional $5,000 in 2006. Thereafter, the amount is indexed for inflation. These annuities are not available for SARSEPs. You will also be provided the same information, and have the same "free-look" period, as you would have if you purchased the contract for a standard IRA. ROTH IRAs. Like standard IRAs, income within a Roth IRA accumulates tax-free, and contributions are subject to specific limits. Roth IRAs have, however, the following differences: o Contributions to a Roth IRA cannot be deducted from your gross income; o "Qualified distributions" from a Roth IRA are excludable from gross income. A "qualified distribution" is a distribution that satisfies two requirements: (1) the distribution must be made (a) after the owner of the IRA attains age 59 1/2; (b) after the owner's death; (c) due to the owner's disability; or (d) for a qualified first time homebuyer distribution within the meaning of Section 72(t)(2)(F) of the Code; and (2) the distribution must be made in the year that is at least five tax years after the first year for which a contribution was made to any Roth IRA established for the owner or five years after a rollover, transfer, or conversion was made from a traditional IRA to a Roth IRA. Distributions from a Roth IRA that are not qualified distributions will be treated as made first from contributions and then from earnings, and taxed generally in the same manner as distributions from a traditional IRA. o If eligible (including meeting income limitations and earnings requirements), you may make contributions to a Roth IRA after attaining age 70 1/2, and distributions are not required to begin upon attaining such age or at any time thereafter. Because of the way each Annuity is designed, if you meet certain income limitations you may purchase an Annuity for a Roth IRA in connection with a "rollover" of amounts of another traditional IRA, conduit IRA, SEP, SIMPLE-IRA, a Roth IRA or with a current contribution. The Code permits persons who meet certain income limitations (generally, adjusted gross income under $100,000), who are not married filing a separate return 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 an Annuity has been purchased, regular Roth IRA contributions will be accepted to the extent permitted by law. TDAs. You may own a TDA 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, and 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 $15,000 in 2006. Individuals participating in a TDA who are age 50 or above by the end of the year will be permitted to contribute an additional $5,000 in 2006. Thereafter, the amount is indexed for inflation. Further, you may roll over TDA amounts to another TDA or an IRA. You may also roll over TDA amounts to a qualified retirement plan, a SEP and a 457 government plan. A contract may only qualify as a TDA if distributions (other than "grandfathered" amounts held as of December 31, 1988) may be made only on account of: o Your attainment of age 59 1/2; o Your severance of employment; o Your death; 58 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- o Your total and permanent disability; or o Hardship (under limited circumstances, and only related to salary deferrals, not including earnings attributable to these amounts). In any event, you must begin receiving distributions from your TDA by April 1st of the calendar year after the calendar year you turn age 70 1/2 or retire, whichever is later. These distribution limits do not apply either to transfers or exchanges of investments under the contract, or to any "direct transfer" of your interest in the contract to another 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 generally payments must start by April 1 of the year after the year you reach age 70 1/2 and must be made for each year thereafter. For a Tax Sheltered Annuity this required beginning date can generally be deferred to after retirement, if later. Roth IRAs are not subject to these rules during the Owner's lifetime. The amount of the payment must at least equal the minimum required under the IRS rules. Several choices are available for calculating the minimum amount. More information on the mechanics of this calculation is available on request. Please contact us at a reasonable time before the IRS deadline so that a timely distribution is made. Please note that there is a 50% tax penalty on the amount of any minimum distribution not made in a timely manner. Effective in 2006, in accordance with recent changes in laws and regulations, required minimum distributions will be calculated based on the sum of the contract value and the actuarial value of any additional death benefits and benefits from optional riders that you have purchased under the contract. As a result, the required minimum distributions may be larger than if the calculation were based on the contract value only, which may in turn result in an earlier (but not before the required beginning date) distribution of amounts under the Annuity and an increased amount of taxable income distributed to the Annuity owner, and a reduction of death benefits and the benefits of any optional riders. You can use the Minimum Distribution option to satisfy the IRS minimum distribution requirements for an Annuity without either beginning annuity payments or surrendering the Annuity. We will distribute to you this minimum distribution amount, less any other partial withdrawals that you made during the year. Although the IRS rules determine the required amount to be distributed from your IRA each year, certain payment alternatives are still available to you. If you own more than one IRA, you can choose to satisfy your minimum distribution requirement for each of your IRAs by withdrawing that amount from any of your IRAs. Penalty for Early Withdrawals You may owe a 10% tax penalty on the taxable part of distributions received from an IRA, SEP, Roth IRA, TDA or qualified retirement plan before you attain age 59 1/2. Amounts are not subject to this tax penalty if: o the amount is paid on or after you reach age 59 1/2 or die; o the amount received is attributable to your becoming disabled; or o generally the amount paid or received is in the form of substantially equal payments not less frequently than annually. (Please note that substantially equal payments must continue until the later of reaching age 59 1/2 or 5 years. Modification of payments during that time period will result in retroactive application of the 10% tax penalty.) Other exceptions to this tax may apply. You should consult your tax advisor for further details. Withholding 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 federal income tax 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: o 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 59 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Tax Considerations continued - -------------------------------------------------------------------------------- o For all other distributions, we will withhold at a 10% rate. We will provide you with forms and instructions concerning the right to elect that no amount be withheld from payments in the ordinary course. However, you should know that, in any event, you are liable for payment of federal income taxes on the taxable portion of the distributions, and you should consult with your tax advisor to find out more information on your potential liability if you fail to pay such taxes. There may be additional state income tax withholding requirements. ERISA 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 in the applicable sections of this Prospectus. Information about sales representatives and commissions may be found in the sections of this Prospectus addressing distribution of the Annuities. 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 and Money Purchase Pension Plans. If you are married at the time your payments commence, federal law requires that benefits be paid to you in the form of a "qualified joint and survivor annuity" (QJSA), unless you and your spouse waive that right, in writing. Generally, this means that you will receive a reduced payment during your life and, upon your death, your spouse will receive at least one-half of what you were receiving for life. You may elect to receive another income option if your spouse consents to the election and waives his or her right to receive the QJSA. If your spouse consents to the alternative form of payment, your spouse may not receive any benefits from the plan upon your death. Federal law also requires that the plan pay a Death Benefit to your spouse if you are married and die before you begin receiving your benefit. This benefit must be available in the form of an annuity for your spouse's lifetime and is called a "qualified pre-retirement survivor annuity" (QPSA). If the plan pays Death Benefits to other beneficiaries, you may elect to have a beneficiary other than your spouse receive the Death Benefit, but only if your spouse consents to the election and waives his or her right to receive the QPSA. If your spouse consents to the alternate beneficiary, your spouse will receive no benefits from the plan upon your death. Any QPSA waiver prior to your attaining age 35 will become null and void on the first day of the calendar year in which you attain age 35, if still employed. Defined Contribution Plans (including 401(k) Plans and ERISA 403(b) Annuities). Spousal consent to a distribution is generally not required. Upon your death, your spouse will receive the entire Death Benefit, even if you designated someone else as your beneficiary, unless your spouse consents in writing to waive this right. Also, if you are married and elect an annuity as a periodic income option, federal law requires that you receive a QJSA (as described above), unless you and your spouse consent to waive this right. IRAs, non-ERISA 403(b) Annuities, and 457 Plans. Spousal consent to a distribution usually is not required. Upon your death, any Death Benefit will be paid to your designated beneficiary. Additional Information For additional information about federal tax law requirements applicable to tax favored plans, see the IRA Disclosure Statement. 60 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS General Information - -------------------------------------------------------------------------------- HOW WILL I RECEIVE STATEMENTS AND REPORTS? We send any statements and reports required by applicable law or regulation to you at your last known address of record. You should therefore give us prompt notice of any address change. We reserve the right, to the extent permitted by law and subject to your prior consent, to provide any prospectus, prospectus supplements, confirmations, statements and reports required by applicable law or regulation to you through our Internet Website at www.prudential.com or any other electronic means, including diskettes or CD ROMs. We send a confirmation statement to you each time a transaction is made affecting Account Value, such as making additional Purchase Payments, transfers, exchanges or withdrawals. We also send quarterly statements detailing the activity affecting your Annuity during the calendar quarter. We may confirm regularly scheduled transactions, such as the Annual Maintenance Fee, Systematic Withdrawals (including 72(t) payments and required minimum distributions), electronic funds transfer, Dollar Cost Averaging, and static rebalancing, in quarterly statements instead of confirming them immediately. You should review the information in these statements carefully. You may request additional reports. We reserve the right to charge up to $50 for each such additional report. We may also send an annual report and a semi-annual report containing applicable financial statements for the Separate Account and the Portfolios, as of December 31 and June 30, respectively, to Owners or, with your prior consent, make such documents available electronically through our Internet Website or other electronic means. WHAT IS PRUCO LIFE OF NEW JERSEY? Pruco Life Insurance Company of New Jersey (Pruco Life of New Jersey) is a stock life insurance company organized in 1982 under the laws of the State of New Jersey. It is licensed to sell life insurance and annuities in New Jersey and New York, and accordingly is subject to the laws of each of those states. Pruco Life of New Jersey is an indirect wholly-owned subsidiary of The Prudential Insurance Company of America (Prudential), a New Jersey stock life insurance company doing business since 1875. Prudential is an indirect wholly-owned subsidiary of Prudential Financial, Inc. (Prudential Financial), a New Jersey insurance holding company. As Pruco Life of New Jersey's ultimate parent, Prudential Financial exercises significant influence over the operations and capital structure of Pruco Life of New Jersey and Prudential. However, neither Prudential Financial, Prudential, nor any other related company has any legal responsibility to pay amounts that Pruco Life of New Jersey may owe under the contract. Pruco Life of New Jersey publishes annual and quarterly reports that are filed with the SEC. These reports contain financial information about Pruco Life of New Jersey that is annually audited by independent accountants. Pruco Life of New Jersey's annual report for the year ended December 31, 2005, together with subsequent periodic reports that Pruco Life of New Jersey 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 of New Jersey annual report that is not ordinarily mailed to contract owners, 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 of New Jersey is 33-18053. You may read and copy any filings made by Pruco Life of New Jersey with the SEC at the SEC's Public Reference Room at 100 F Street, N.E. Washington, D.C. 20549. 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 www.sec.gov. WHAT IS THE SEPARATE ACCOUNT? We have established a separate account, the Pruco Life of New Jersey Flexible Premium Variable Annuity Account (separate account), to hold the assets that are associated with the variable annuity contracts. The separate account was established under New Jersey law on May 20, 1996, and is registered with the SEC under the Investment Company Act of 1940 as a unit investment trust, which is a type of investment company. The assets of the separate account are held in the name of Pruco Life of New Jersey and legally belong to us. These assets are kept separate from all of our other assets and may not be charged with liabilities arising out of any other business we may conduct. More detailed information about Pruco Life of New Jersey, including its audited consolidated financial statements, is provided in the Statement of Additional Information. 61 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS General Information continued - -------------------------------------------------------------------------------- WHAT IS THE LEGAL STRUCTURE OF THE UNDERLYING FUNDS? Each underlying mutual fund is registered as an open-end management investment company under the Investment Company Act. Shares of the underlying mutual fund portfolios are sold to separate accounts of life insurance companies offering variable annuity and variable life insurance products. The shares may also be sold directly to qualified pension and retirement plans. Voting Rights We are the legal owner of the shares of the underlying mutual funds in which the Sub-accounts invest. However, under SEC rules, you have voting rights in relation to Account Value maintained in the Sub-accounts. If an underlying mutual fund portfolio requests a vote of shareholders, we will vote our shares based on instructions received from Owners with Account Value allocated to that Sub-account. Owners have the right to vote an amount equal to the number of shares attributable to their contracts. If we do not receive voting instructions in relation to certain shares, we will vote those shares in the same manner and proportion as the shares for which we have received instructions. We will furnish those Owners who have Account Value allocated to a Sub-account whose underlying mutual fund portfolio has requested a "proxy" vote with proxy materials and the necessary forms to provide us with their voting instructions. Generally, you will be asked to provide instructions for us to vote on matters such as changes in a fundamental investment strategy, adoption of a new investment advisory agreement, or matters relating to the structure of the underlying mutual fund that require a vote of shareholders. American Skandia Trust (the "Trust") has obtained an exemption from the Securities and Exchange Commission that permits its co-investment advisers, American Skandia Investment Services, Incorporated ("ASISI") and Prudential Investments LLC, subject to approval by the Board of Trustees of the Trust, to change sub-advisors for a Portfolio and to enter into new sub-advisory agreements, without obtaining shareholder approval of the changes. This exemption (which is similar to exemptions granted to other investment companies that are organized in a similar manner as the Trust) is intended to facilitate the efficient supervision and management of the sub-advisors by ASISI, Prudential Investments LLC and the Trustees. The Trust is required, under the terms of the exemption, to provide certain information to shareholders following these types of changes. We may add new Sub-accounts that invest in a series of underlying funds other than the Trust that is managed by an affiliate. Such series of funds may have a similar order from the SEC. You also should review the prospectuses for the other underlying funds in which various Sub-accounts invest as to whether they have obtained similar orders from the SEC. Material Conflicts It is possible that differences may occur between companies that offer shares of an underlying mutual fund portfolio to their respective separate accounts issuing variable annuities and/or variable life insurance products. Differences may also occur surrounding the offering of an underlying mutual fund portfolio to variable life insurance policies and variable annuity contracts that we offer. Under certain circumstances, these differences could be considered "material conflicts," in which case we would take necessary action to protect persons with voting rights under our variable annuity contracts and variable life insurance policies against persons with voting rights under other insurance companies' variable insurance products. If a "material conflict" were to arise between owners of variable annuity contracts and variable life insurance policies issued by us we would take necessary action to treat such persons equitably in resolving the conflict. "Material conflicts" could arise due to differences in voting instructions between owners of variable life insurance and variable annuity contracts of the same or different companies. We monitor any potential conflicts that may exist. Service Fees Payable to Pruco Life of New Jersey Pruco Life of New Jersey or our affiliates have entered into agreements with the investment adviser or distributor of certain underlying portfolios. Under the terms of these agreements, Pruco Life of New Jersey may provide administrative and support services to the portfolios for which it receives a fee of up to 0.55% annually (as of May 2, 2005) of the average assets allocated to the portfolios from the investment adviser, distributor and/or the fund. These agreements may be different for each underlying mutual fund whose portfolios are offered as Sub-accounts. In addition, the investment adviser, sub-advisor or distributor of the underlying Portfolios may also compensate us by providing reimbursement or paying directly for, among other things, marketing and/or administrative services and/or other services they provide in connection with each Annuity. These services may include, but are not limited to: co-sponsoring vari- 62 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- ous meetings and seminars attended by broker-dealer firms' registered representatives and creating marketing material discussing each Annuity and the available options. WHO DISTRIBUTES ANNUITIES OFFERED BY PRUCO LIFE OF NEW JERSEY? Prudential Investment Management Services LLC (PIMS), a wholly-owned subsidiary of Prudential Financial, Inc., is the distributor and principal underwriter of the Annuities offered through this prospectus. PIMS acts as the distributor of a number of annuity contracts and life insurance products we offer. PIMS's principal business address is 100 Mulberry Street, Newark, New Jersey 07102-4077. PIMS is registered as a broker/dealer under the Securities Exchange Act of 1934 (Exchange Act) and is a member of the National Association of Securities Dealers, Inc. (NASD). Each Annuity is offered on a continuous basis. PIMS enters into distribution agreements with broker/dealers who are registered under the Exchange Act and with entities that may offer the Annuity but are exempt from registration (firms). Applications for each Annuity are solicited by registered representatives of those firms. Such representatives will also be our appointed insurance agents under state insurance law. In addition, PIMS may offer the Annuity directly to potential purchasers. Commissions are paid to firms on sales of the Annuity according to one or more schedules. The individual representative will receive a portion of the compensation, depending on the practice of his or her firm. Commissions are generally based on a percentage of Purchase Payments made, up to a maximum of 5.50% for the L Series, 6.0% for the X Series and 7.0% for the B Series. Alternative compensation schedules are available that provide a lower initial commission plus ongoing annual compensation based on all or a portion of Account Value. We may also provide compensation to the distributing firm for providing ongoing service to you in relation to the Annuity. Commissions and other compensation paid in relation to the Annuity do not result in any additional charge to you or to the separate account. In addition, in an effort to promote the sale of our products (which may include the placement of Pruco Life of New Jersey and/or the Annuity on a preferred or recommended company or product list and/or access to the firm's registered representatives), we or PIMS may enter into compensation arrangements with certain broker/dealers firms with respect to certain or all registered representatives of such firms under which such firms may receive separate compensation or reimbursement for, among other things, training of sales personnel and/or marketing and/or administrative services and/or other services they provide to us or our affiliates. These services may include, but are not limited to: educating customers of the firm on the Annuity's features; conducting due diligence and analysis; providing office access, operations and systems support; holding seminars intended to educate registered representatives and make them more knowledgeable about the Annuity; providing a dedicated marketing coordinator; providing priority sales desk support; and providing expedited marketing compliance approval and preferred programs to PIMS. A list of firms that PIMS paid pursuant to such arrangements is provided in the Statement of Additional Information which is available upon request. To the extent permitted by NASD rules and other applicable laws and regulations, PIMS may pay or allow other promotional incentives or payments in the form of cash or non-cash compensation. These arrangements may not be offered to all firms and the terms of such arrangements may differ between firms. You should note that firms and individual registered representatives and branch managers with some firms participating in one of these compensation arrangements might receive greater compensation for selling the contract than for selling a different Annuity that is not eligible for these compensation arrangements. While compensation is generally taken into account as an expense in considering the charges applicable to a contract product, any such compensation will be paid by us or PIMS and will not result in any additional charge to you. Your registered representative can provide you with more information about the compensation arrangements that apply upon the sale of the Annuity. On July 1, 2003, Prudential Financial combined its retail securities brokerage and clearing operations with those of Wachovia Corporation ("Wachovia") and formed Wachovia Securities Financial Holdings, LLC ("Wachovia Securities"), a joint venture headquartered in Richmond, Virginia. Prudential Financial has a 38% ownership interest in the joint venture, while Wachovia owns the remaining 62%. Wachovia Securities is a national retail brokerage organization providing securities brokerage and financial advisory services to individuals and businesses. Wachovia and Wachovia Securities are key distribution partners for certain products of Prudential Financial affiliates, including mutual funds and indi- 63 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS General Information continued - -------------------------------------------------------------------------------- vidual annuities that are distributed through their financial advisors, bank channel and independent channel. In addition, Prudential Financial is a service provider to the managed account platform and certain wrap-fee programs offered by Wachovia Securities. FINANCIAL STATEMENTS The financial statements of the separate account and Pruco Life of New Jersey are included in the Statement of Additional Information. HOW TO CONTACT US You can contact us by: o calling our Customer Service Team at 1-888-PRU-2888 during our normal business hours, 8:30 a.m. EST to 8:00 p.m. EST, Monday through Friday, o writing to us via regular mail at Prudential Annuity Service Center, P.O. Box 7960, Philadelphia, PA 19176. NOTE: Failure to send mail to the proper address may result in a delay in our receiving and processing your request. o accessing information about your Annuity through our Internet Website at www.prudential.com. You can obtain account information by calling our automated response system and at www.prudential.com, our Internet Website. Our Customer Service representatives are also available during business hours to provide you with information about your account. You can request certain transactions through our telephone voice response system, our Internet Website or through a customer service representative. You can provide authorization for a third party, including your attorney-in-fact acting pursuant to a power of attorney, to access your account information and perform certain transactions on your account. You will need to complete a form provided by us which identifies those transactions that you wish to authorize via telephonic and electronic means and whether you wish to authorize a third party to perform any such transactions. Please note that unless you tell us otherwise, we deem that all transactions that are directed by your Financial Professional with respect to your Annuity have been authorized by you. We require that you or your representative provide proper identification before performing transactions over the telephone or through our Internet Website. This may include a Personal Identification Number (PIN) that will be provided to you upon issue of your Annuity or you may establish or change your PIN by calling our automated response system and at www.prudential.com, our Internet Website. Any third party that you authorize to perform financial transactions on your account will be assigned a PIN for your account. Transactions requested via telephone are recorded. To the extent permitted by law, we will not be responsible for any claims, loss, liability or expense in connection with a transaction requested by telephone or other electronic means if we acted on such transaction instructions after following reasonable procedures to identify those persons authorized to perform transactions on your Annuity using verification methods which may include a request for your Social Security number, PIN or other form of electronic identification. We may be liable for losses due to unauthorized or fraudulent instructions if we did not follow such procedures. Pruco Life of New Jersey does not guarantee access to telephonic, facsimile, Internet or any other electronic information or that we will be able to accept transaction instructions via such means at all times. Regular and/or express mail will be the only means by which we will accept transaction instructions when telephonic, facsimile, Internet or any other electronic means are unavailable or delayed. Pruco Life of New Jersey reserves the right to limit, restrict or terminate telephonic, facsimile, Internet or any other electronic transaction privileges at any time. INDEMNIFICATION Insofar as indemnification for liabilities arising under the Securities Act of 1933 (the "Securities Act") may be permitted to directors, officers or persons controlling the registrant pursuant to the foregoing provisions, the registrant has been informed that in the opinion of the SEC such indemnification is against public policy as expressed in the Securities Act and is therefore unenforceable. LEGAL PROCEEDINGS Pruco Life of New Jersey is subject to legal and regulatory actions in the ordinary course of its businesses, which may include class action lawsuits. Pending legal and regulatory actions include proceedings relating to aspects of the businesses and operations that are specific to Pruco Life of New Jersey and that are typical of the businesses in which Pruco Life of New Jersey operates. Class action and individual lawsuits may involve a variety of issues and/or allegations, which include sales practices, underwriting practices, claims payment and procedures, premium charges, policy servicing and breach of fiduciary duties to customers. We may also be 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 may seek large and/or indeterminate amounts, including punitive or exemplary damages. 64 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- Pruco Life of New Jersey has received formal requests for information relating to its variable annuity business and unregistered separate accounts from regulators, including, among others, the Securities and Exchange Commission and the State of New York Attorney General's Office. As part of a broad initiative by the National Association of Insurance Commissioners, Pruco Life of New Jersey has received a request for information from the New Jersey Department of Banking and Insurance related to producer compensation and fee arrangements. It is possible that other regulators will issue similar requests. Pruco Life is cooperating with all such inquiries. Pruco of New Jersey'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 of New Jersey in a particular quarterly or annual period could be materially affected by an ultimate unfavorable resolution of 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 of New Jersey's financial position. 65 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS General Information continued - -------------------------------------------------------------------------------- CONTENTS OF THE STATEMENT OF ADDITIONAL INFORMATION The following are the contents of the Statement of Additional Information: o Company o Experts o Principal Underwriter o Payments Made to Promote Sale of Our Products o Allocation of Initial Purchase Payment o Determination of Accumulation Unit Values o Federal Tax Status o State Specific Variations o Financial Statements 66 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. APPENDIX A PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Appendix A -- Selecting the Variable Annuity That's Right for You - -------------------------------------------------------------------------------- Pruco Life Insurance Company of New Jersey offers several deferred variable annuity products. Each annuity has different features and benefits that may be appropriate for you based on your individual financial situation and how you intend to use the annuity. Not all of these annuities may be available to you, depending on your state of residence and/or the broker-dealer through which your annuity was sold. You can verify which of these annuities is available to you by speaking to your Financial Professional, or calling 1-888-PRU-2888. The different features and benefits may include variations on your ability to access funds in your annuity without the imposition of a withdrawal charge as well as different ongoing fees and charges you pay to stay in the contract. Additionally, differences may exist on various optional benefits such as guaranteed living benefits or Death Benefit protection. Among the factors you should consider when choosing which annuity product may be most appropriate for your individual needs are the following: o Your age; o The amount of your investment and any planned future deposits into the annuity; o How long you intend to hold the annuity (also referred to as investment time horizon); o Your desire to make withdrawals from the annuity; o Your investment return objectives; o The effect of optional benefits that may be elected, and o Your desire to minimize costs and/or maximize return associated with the annuity. The following chart outlines some of the different features for each actively sold Pruco Life of New Jersey Annuity. The availability of optional features, such as those noted in the chart, may increase the cost of the contract. Therefore you should carefully consider which features you plan to use when selecting your annuity. You should also consider the investment objectives, risks, charges and expenses of an investment carefully before investing. In addition, the hypothetical illustrations below reflect the Account Value and surrender value of each variable annuity over a variety of holding periods. These charts are meant to reflect how your annuities can grow or decrease depending on market conditions and the comparable value of each of the annuities (which reflects the charges associated with the annuities) under the assumptions noted. Your registered Financial Professional can provide you with the prospectus for the Annuities, and can guide you to Selecting the Variable Annuity That's Right for You. Pruco Life of New Jersey Annuity Product Comparison Below is a summary of Pruco of New Jersey's actively-sold annuity products. Premier X refers to Prudential Premier Variable Annuity X Series, Premier L refers to Prudential Premier Variable Annuity L Series and Premier B refers to Prudential Premier Variable Annuity B Series. You should consider the investment objectives, risks, charges and expenses of an investment in any Annuity carefully before investing. The Annuity prospectus as well as the underlying portfolio prospectuses contains this and other information about the variable annuities and underlying investment options. Your registered Financial Professional can provide you with the prospectus for the Annuities, and the underlying portfolios and can help you decide upon the Annuity that would be most advantageous for you given your individual needs. Please read the prospectuses carefully before investing. A-1 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. APPENDIX A PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Appendix A -- Selecting the Variable Annuity That's Right for You continued - --------------------------------------------------------------------------------
- ---------------------------------------------------------------------------------------------------- Premier X Series Premier L Series Premier B Series - ---------------------------------------------------------------------------------------------------- Minimum Investment $10,000 $10,000 $1,000 - ---------------------------------------------------------------------------------------------------- Maximum Issue Age 75 85 85 - ---------------------------------------------------------------------------------------------------- Contingent Deferred 9 Years (based 4 Years (based 7 Years (based Sales Charge Schedule on date of each on date of each on date of each purchase payment) purchase payment) purchase payment) (9%, 8.5%, 8%, 7%, (7%, 7%, 6%, 5%) (7%, 6%, 5%, 4%, 6%, 5%, 4%, 3%, 2%) 3%, 2%, 1%) - ---------------------------------------------------------------------------------------------------- Insurance and 1.55% 1.50% 1.15% Administration Charge - ---------------------------------------------------------------------------------------------------- Contract Charges Lesser of $30 or 2% Lesser of $30 or 2% Lesser of $30 or 2% of Account Value* of Account Value* of Account Value* - ---------------------------------------------------------------------------------------------------- Purchase Credit For Purchase No No Payments made up to and including age 80, 5%, regardless of the purchase payment amount For Purchase Payments between 81-85, 3%, regardless of the payment amount. Recaptured on (i) free-look, or (ii) death occurring within 12 months after date credit is applied. - ---------------------------------------------------------------------------------------------------- Longevity Credit 0.40% or the sum No No of all Purchase Payments that have been in the Annuity for more than 9 years less the cumulative amount of withdrawals made (including CDSC) through the end of the period. - ---------------------------------------------------------------------------------------------------- Fixed Rate Account Currently offering Currently offering Currently offering duration of 1 year duration of 1 year duration of 1 year only. only. only. - ---------------------------------------------------------------------------------------------------- Variable Investment American Skandia AST AST Options Trust (AST) - ----------------------------------------------------------------------------------------------------
A-2 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. APPENDIX A PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - --------------------------------------------------------------------------------
- ---------------------------------------------------------------------------------------------------- Premier X Series Premier L Series Premier B Series - ---------------------------------------------------------------------------------------------------- Basic Death Benefit The greater of: The greater of: The greater of: Purchase Payments Purchase Payments Purchase Payments minus proportional minus proportional minus proportional withdrawals; and withdrawals; and withdrawals; and unadjusted Account unadjusted Account unadjusted Account Value, less an Value Value amount equal to all credits applied within 12 months prior to the date of death - ---------------------------------------------------------------------------------------------------- Optional Death Highest Anniversary HAV HAV Benefits (for an Value (HAV) additional cost)(1) - ---------------------------------------------------------------------------------------------------- Living Benefits (for an Guaranteed GMIB/LT5/SLT5 GMIB/LT5/SLT5 additional cost)(2) Minimum Income Benefit (GMIB)/ Lifetime Five (LT5)/ Spousal Lifetime Five (SLT5) - ----------------------------------------------------------------------------------------------------
Hypothetical Illustration The following examples outline the value of each Annuity as well as the amount that would be available to an investor as a result of full surrender at the end of each of the annuity years specified. The values shown below are based on the following assumptions: An initial investment of $100,000 is made into each Annuity earning a gross rate of return of 0% and 6% respectively. o No subsequent deposits or withdrawals are made from the Annuity. o The hypothetical gross rates of return are reduced by the arithmetic average of the fees and expenses of the underlying portfolios and the charges that are deducted from the Annuity at the Separate Account level as follows: - __% based on the fees and expenses of the underlying portfolios as of December 31, 2005. The arithmetic average of all fund expenses is computed by adding portfolio management fees, 12b-1 fees and other expenses of all of the underlying portfolios and then dividing by the number of portfolios. For purposes of the illustrations, we do not reflect any expense reimbursements or expense waivers that might apply and are described in the prospectus fee table. - The Separate Account level charges refer to the Insurance and Administration Charge. o The Annuity Value and Surrender Value are further reduced by the annual maintenance fee. For Premier X Share, the Annuity Value and Surrender Value also reflect the addition of any applicable Purchase Credits. The Annuity Value displays the current Account Value assuming no surrender, while the Surrender Value assumes a 100% surrender on the day after the Annuity anniversary, therefore, reflecting the decrease in surrender charge where applicable. The surrender charge is calculated based on the date that the Purchase Payment was made and for purposes of these illustrations, we assume that a single purchase payment of $100,000 was made on the Issue Date. The values that you actually experience under an Annuity will be different from what is depicted here if any of the assumptions we make here differ from your circumstances, however the relative values for each product reflected below will remain the same. (We will provide you with a personalized illustration upon request). Shaded cells represent the product with the highest customer Surrender Value for the Annuity Year. Multiple shaded cells represent a tie between two or more annuities. The L Series annuity, in light of its contingent deferred sales charges and insurance charge, and the fact that (unlike the X Series) it does not offer a Purchase Credit, has the highest surrender value of the three Annuities only in year five. Thus, with regard to surrender value alone, either the B Series or the X Series will provide higher surrender values in years other than year 5. On the other hand, the L Series offers more A-3 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. APPENDIX A PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS Appendix A -- Selecting the Variable Annuity That's Right for You continued - -------------------------------------------------------------------------------- flexibility with regard to the optional death benefit than the B Series and X Series. For the B Series and the X Series, the HAV Death Benefit may not be terminated once elected. In contrast, as detailed in the prospectus, the L Series permits the first-time election of the HAV Death Benefit, and the termination of that death benefit, on the fifth Annuity anniversary and each Annuity anniversary thereafter (but not later than the tenth Annuity anniversary). Please note, however, that the HAV Death Benefit is not available with the Spousal Lifetime Five benefit on any annuity, so unless you elect to terminate the Spousal Lifetime Five benefit on the L Series at the time you choose to elect the HAV Death Benefit, the HAV Death Benefit will not be permitted. 0% Gross Rate of Return
- --------------------------------------------------------------------------------- Premier X Share Premier L Share Premier B Share - --------------------------------------------------------------------------------- Annuity Surrender Annuity Surrender Annuity Surrender Yr Value Value Value Value Value Value - --------------------------------------------------------------------------------- 1 - --------------------------------------------------------------------------------- 2 - --------------------------------------------------------------------------------- 3 - --------------------------------------------------------------------------------- 4 - --------------------------------------------------------------------------------- 5 - --------------------------------------------------------------------------------- 6 - --------------------------------------------------------------------------------- 7 - --------------------------------------------------------------------------------- 8 - --------------------------------------------------------------------------------- 9 - --------------------------------------------------------------------------------- 10 - --------------------------------------------------------------------------------- 11 - --------------------------------------------------------------------------------- 12 - --------------------------------------------------------------------------------- 13 - --------------------------------------------------------------------------------- 14 - --------------------------------------------------------------------------------- 15 - --------------------------------------------------------------------------------- 16 - --------------------------------------------------------------------------------- 17 - --------------------------------------------------------------------------------- 18 - --------------------------------------------------------------------------------- 19 - --------------------------------------------------------------------------------- 20 - --------------------------------------------------------------------------------- 21 - --------------------------------------------------------------------------------- 22 - --------------------------------------------------------------------------------- 23 - --------------------------------------------------------------------------------- 24 - --------------------------------------------------------------------------------- 25 - ---------------------------------------------------------------------------------
Assumptions: 1. $100,000 initial investment 2. Fund Expenses = ____% 3. No optional death benefits or living benefits elected * - Contract charges are waived for Account Values of $100,000 or more. 1) For more information on these benefits, refer to the "Death Benefit" section in the Prospectus. 2) For more information on these benefits, refer to the "Living Benefit Programs" section in the Prospectus. 3) These reductions result in hypothetical net rates of return corresponding to the 0% and 6% gross rates of return, respectively as follows: ______________ A-4 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. APPENDIX A PRUCO LIFE OF NEW JERSEY ANNUITIES PROSPECTUS - -------------------------------------------------------------------------------- 6% Gross Rate of Return
- --------------------------------------------------------------------------------- Premier X Share Premier L Share Premier B Share - --------------------------------------------------------------------------------- Annuity Surrender Annuity Surrender Annuity Surrender Yr Value Value Value Value Value Value - --------------------------------------------------------------------------------- 1 - --------------------------------------------------------------------------------- 2 - --------------------------------------------------------------------------------- 3 - --------------------------------------------------------------------------------- 4 - --------------------------------------------------------------------------------- 5 - --------------------------------------------------------------------------------- 6 - --------------------------------------------------------------------------------- 7 - --------------------------------------------------------------------------------- 8 - --------------------------------------------------------------------------------- 9 - --------------------------------------------------------------------------------- 10 - --------------------------------------------------------------------------------- 11 - --------------------------------------------------------------------------------- 12 - --------------------------------------------------------------------------------- 13 - --------------------------------------------------------------------------------- 14 - --------------------------------------------------------------------------------- 15 - --------------------------------------------------------------------------------- 16 - --------------------------------------------------------------------------------- 17 - --------------------------------------------------------------------------------- 18 - --------------------------------------------------------------------------------- 19 - --------------------------------------------------------------------------------- 20 - --------------------------------------------------------------------------------- 21 - --------------------------------------------------------------------------------- 22 - --------------------------------------------------------------------------------- 23 - --------------------------------------------------------------------------------- 24 - --------------------------------------------------------------------------------- 25 - ---------------------------------------------------------------------------------
Assumptions: 1. $100,000 initial investment 2. Fund Expenses = ____% 3. No optional death benefits or living benefits elected * - Contract charges are waived for Account Values of $100,000 or more. 1) For more information on these benefits, refer to the "Death Benefit" section in the Prospectus. 2) For more information on these benefits, refer to the "Living Benefit Programs" section in the Prospectus. 3) These reductions result in hypothetical net rates of return corresponding to the 0% and 6% gross rates of return, respectively as follows: ______________ A-5 This prospectus is currently being reviewed by the SEC staff, and is being provided solely for reference purposes to certain selling broker-dealers. No offers or sales of any of the features discussed in this draft supplement are permitted. For internal use only. This page intentionally left blank STATEMENT OF ADDITIONAL INFORMATION MAY 1, 2006 PRUCO LIFE OF NEW JERSEY FLEXIBLE PREMIUM VARIABLE ANNUITY ACCOUNT VARIABLE ANNUITY CONTRACTS The Prudential Premier Variable Annuity B Series(SM) ("B Series"), Prudential Premier Variable Annuity L Series(SM) ("L Series"), and Prudential Premier Variable Annuity X Series(SM) ("X Series") annuity contracts (the "Annuities" or the "Annuity") are individual variable annuity contracts issued by Pruco Life Insurance Company of New Jersey ("Pruco Life of New Jersey"), a stock life insurance company that is an indirect wholly-owned subsidiary of The Prudential Insurance Company of America ("Prudential") and is funded through the Pruco Life of New Jersey Flexible Premium Variable Annuity Account (the "Account"). Each Annuity is purchased by making an initial purchase payment of $10,000 or more (except for the B Series, which has a $1,000 minimum initial purchase payment). With some restrictions, you can make additional purchase payments by means other than electronic fund transfer of no less than $100 at any time during the accumulation phase. However, we impose a minimum of $50 with respect to additional purchase payments made through electronic fund transfers. This Statement of Additional Information is not a prospectus and should be read in conjunction with the B Series, L Series, and X Series prospectus dated May 1, 2006. To obtain a copy of the prospectus, without charge, you can write to the Prudential Annuity Service Center, P.O. Box 7960, Philadelphia, Pennsylvania 19176, or contact us by telephone at (888) PRU-2888. TABLE OF CONTENTS
Page Company........................................................................2 Experts........................................................................2 Principal Underwriter..........................................................2 Payments Made to Promote Sale of Our Products..................................2 Allocation of Initial Purchase Payment.........................................4 Determination of Accumulation Unit Values......................................4 Federal Tax Status.............................................................5 Financial Statements...........................................................5 Separate Account Financial Information........................................A1 Company Financial Information.................................................B1
Pruco Life Insurance Company Prudential Annuity Service Center Of New Jersey P.O. Box 7960 213 Washington Street Philadelphia, Pennsylvania 19176 Newark, NJ 07102-2992 Telephone: (888) PRU-2888
Prudential Premier Variable Annuity B Series(SM), Prudential Premier Variable Annuity L Series(SM), and Prudential Premier Variable Annuity X Series(SM) are service marks of The Prudential Insurance Company of America. ORD1142NYB Ed. 05/01/2006 COMPANY Pruco Life Insurance Company of New Jersey ("Pruco Life of New Jersey") is a stock life insurance company organized in 1982 under the laws of the State of New Jersey. Pruco Life of New Jersey is licensed to sell life insurance and annuities in the states of New Jersey and New York. Pruco Life of New Jersey is a wholly-owned subsidiary of Pruco Life Insurance Company, which is a wholly-owned subsidiary of The Prudential Insurance Company of America ("Prudential"), a stock life insurance company founded in 1875 under the laws of the State of New Jersey. Prudential is an indirect wholly-owned subsidiary of Prudential Financial, Inc. ("Prudential Financial"), a New Jersey insurance holding company. EXPERTS The financial statements of Pruco Life of New Jersey as of December 31, 2005 and 2004 and for each of the three years in the period ended December 31, 2005 and the financial statements of the Pruco Life of New Jersey Flexible Premium Variable Annuity Account as of December 31, 2005 and for each of the two years in the period then ended included in this Statement of Additional Information have been so included in reliance on the reports of PricewaterhouseCoopers LLP, an independent registered public accounting firm, given on the authority of said firm as experts in auditing and accounting. PricewaterhouseCoopers LLP's principal business address is 300 Madison Avenue, New York, New York 10017. PRINCIPAL UNDERWRITER Prudential Investment Management Services LLC ("PIMS"), an indirect wholly-owned subsidiary of Prudential Financial, offers each Annuity on a continuous basis through corporate office and regional home office employees in those states in which annuities may be lawfully sold. It may also offer the Annuities through licensed insurance brokers and agents, or through appropriately registered affiliates of Prudential, provided clearances to do so are obtained in any jurisdiction where such clearances may be necessary. As discussed in the prospectus, Pruco Life of New Jersey pays commissions to broker/dealers that sell the Annuities according to one or more schedules, and also may pay non-cash compensation. In addition, Pruco Life of New Jersey may pay trail commissions to registered representatives who maintain an ongoing relationship with an annuity owner. Typically, a trail commission is compensation that is paid periodically to a representative, the amount of which is linked to the value of the Annuities and the amount of time that the Annuities have been in effect. PAYMENTS MADE TO PROMOTE SALE OF OUR PRODUCTS In an effort to promote the sale of our products (which may include the placement of Pruco Life of New Jersey and/or each Annuity on a preferred or recommended company or product list and/or access to the firm's registered representatives), we or PIMS may enter into compensation arrangements with certain broker/dealer firms with respect to certain or all registered representatives of such firms under which such firms may receive separate compensation or reimbursement for, among other things, training of sales personnel and/or marketing, administrative services and/or other services they provide. These services may include, but are not limited to: educating customers of the firm on each Annuity's features; conducting due diligence and analysis, providing office access, operations and systems support; holding seminars intended to educate the firm's registered representatives and make them more knowledgeable about the annuity; providing a dedicated marketing coordinator; providing priority sales desk support; and providing expedited marketing compliance approval. To the extent permitted by NASD rules and other applicable laws and regulations, PIMS may pay or allow other promotional incentives or payments in the form of cash or non-cash compensation. These arrangements may not be offered to all firms and the terms of such arrangements may differ between firms. 2 The list below identifies three general types of payments that PIMS pays which are broadly defined as follows: o Percentage Payments based upon "Assets under Management" or "AUM": This type of payment is a percentage payment that is based upon the total amount held in all Pruco Life of New Jersey products that were sold through the firm (or its affiliated broker/dealers). o Percentage Payments based upon sales: This type of payment is a percentage payment that is based upon the total amount of money received as purchase payments under Pruco Life of New Jersey annuity products sold through the firm (or its affiliated broker/dealers). o Fixed payments: These types of payments are made directly to or in sponsorship of the firm (or its affiliated broker/dealers). Examples of arrangements under which such payments may be made currently include, but are not limited to: sponsorships, conferences (national, regional and top producer), speaker fees, promotional items, and reimbursements to firms for marketing activities or services paid by the firms and/or their individual representatives. The amount of these payments varies widely because some payments may encompass only a single event, such as a conference, and others have a much broader scope. In addition, we may make payments upon the initiation of a relationship for systems, operational and other support. The list below includes the names of the firms (or their affiliated broker/dealers) that we are aware (as of May 1, 2006) received payment of more than $10,000 under one or more of these types of arrangements during the last calendar year or that have received or are expected to receive such payment during the current calendar year. The firms listed below include payments in connection with products issued by Pruco Life Insurance Company and Pruco Life Insurance Company of New Jersey. Your registered representative can provide you with more information about the compensation arrangements that apply upon the sale of the Annuity. Name of Firm: AIG (part of the AIG selling network)* Citigroup Global Markets, Inc. Financial Network Investment Corp. (part of the ING selling network)* FSC Securities Corporation (part of the AIG selling network)* ING Financial Partners (part of the ING selling network)* Merrill Lynch Multi-Financial Securities Corporation (part of the ING selling network)* Primevest Financial Services, Inc. (part of the ING selling network)* Pruco Securities, LLC** Royal Alliance Associates, Inc. (part of the AIG selling network)* SunAmerica Securities, Inc. (part of the AIG selling network)* UBS Financial Services Wachovia Securities, LLC* - -------------- * Also includes payments in connection with products issued by American Skandia Life Assurance Corporation, a Prudential Financial affiliate. ** Also includes payments in connection with products issued by The Prudential Insurance Company of America. ALLOCATION OF INITIAL PURCHASE PAYMENT As discussed in the prospectus, we generally will credit the initial purchase payment to your Annuity within two business days from the day on which we receive your payment in good order at the Prudential Annuity Service Center. However, we may employ a different procedure than this if your Annuity purchase is in the form of several amounts originating from different sources. Specifically, if the first of such sums that we receive amounts to less than the minimum initial purchase payment, but you have indicated that other sums are forthcoming that, when aggregated, will equal or exceed the minimum, then with your consent we will hold 3 such amount in our general account, without interest, for up to 90 days pending receipt of such additional sums and other required documentation. When we receive the minimum initial purchase payment and any other "good order" information that we need, we will thereafter allocate your purchase payment in the manner that you have specified. DETERMINATION OF ACCUMULATION UNIT VALUES The value for each accumulation unit is computed as of the end of each business day. On any given business day the value of a Unit in each subaccount will be determined by multiplying the value of a Unit of that subaccount for the preceding business day by the net investment factor for that subaccount for the current business day. The net investment factor for any business day is determined by dividing the value of the assets of the subaccount for that day by the value of the assets of the subaccount for the preceding business day (ignoring, for this purpose, changes resulting from new purchase payments and withdrawals), and subtracting from the result the daily equivalent of the annual charge for all insurance and administrative expenses. The value of the assets of a subaccount is determined by multiplying the number of shares of American Skandia Trust (the "Trust") or other funds held by that subaccount by the net asset value of each share and adding the value of dividends declared by the Trust or other fund but not yet paid. As we have indicated in the prospectus, each Annuity allows you to select or decline any of several benefit options that carries with it a specific asset-based charge. We maintain a unique unit value corresponding to each such annuity feature. 4 FEDERAL TAX STATUS Other Tax Rules. 1. Diversification The Internal Revenue Code provides that the underlying investments for the variable investment options must satisfy certain diversification requirements. Each portfolio is required to diversify its investments each quarter so that no more than 55% of the value of its assets is represented by any one investment, no more than 70% is represented by any two investments, no more than 80% is represented by any three investments, and no more than 90% is represented by any four investments. Generally, securities of a single issuer are treated as one investment and obligations of each U.S. Government agency and instrumentality (such as the Government National Mortgage Association) are treated as issued by separate issuers. In addition, any security issued, guaranteed or insured (to the extent so guaranteed or insured) by the United States or an instrumentality of the U.S. will be treated as a security issued by the U.S. Government or its instrumentality, whichever is applicable. We believe the portfolios underlying the variable investment options for the Annuities meet these diversification requirements. 2. Investor Control. Treasury Department regulations do not provide guidance concerning the extent to which you may direct your investment in the particular investment options without causing you, instead of us, to be considered the owner of the underlying assets. Because of this uncertainty, or in response to other changes in tax laws or regulations, we reserve the right to make such changes as we deem necessary to assure that each Annuity qualifies as an annuity for tax purposes. Any such changes will apply uniformly to affected owners and will be made with such notice to affected owners as is feasible under the circumstances. 3. Entity Owners. Where an annuity 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 annuity will not be taxed as an annuity and increases in the value of the annuity over its cost basis will be subject to tax annually. 4. Purchase Payments Made Before August 14, 1982. If your Annuity was issued in exchange for an annuity containing purchase payments made before August 14, 1982, favorable tax rules may apply to certain withdrawals from the Annuity. Generally, withdrawals are treated as a recovery of your investment in the Annuity 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. 5. Generation-Skipping Transfers. If you transfer your Annuity 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. FINANCIAL STATEMENTS [Financial statements for depositor and separate account to be added by pre-effective amendment.] 5 ITEM 24. FINANCIAL STATEMENTS AND EXHIBITS (a) FINANCIAL STATEMENTS (1) Financial Statements of Pruco Life of New Jersey Flexible Premium Variable Annuity Account (Registrant) consisting of the Statements of Net Assets as of December 31, 2005; the Statements of Operations for the period ended December 31, 2005; the Statements of Changes in Net Assets for the periods ended December 31, 2005 and December 31, 2004; and the Notes relating thereto appear in the Statement of Additional Information (Part B of the Registration Statement). (Note 7) (2) Statements of Pruco Life of New Jersey (Depositor) consisting of the Statements of Financial Position as of December 31, 2005 and 2004; and the Related Statements of Operations, Changes in Stockholder's Equity and Cash Flows for the years ended December 31, 2005, 2004 and 2003; and the Notes to the Financial Statements appear in the Statement of Additional Information (Part B of the Registration Statement). (Note 7) (b) EXHIBITS (1) Resolution of the Board of Directors of Pruco Life Insurance Company of New Jersey establishing the Pruco Life of New Jersey Flexible Premium Variable Annuity Account (Note 3) (2) Agreements for custody of securities and similar investments--Not Applicable. (3) (a) Form of Distribution Agreement between Prudential Investment Management Services, Inc. "PIMS" (Underwriter) and Pruco Life Insurance Company of New Jersey (Depositor) (Note 2) (b) Form of Selected Broker Agreement used by PIMS (Note 2) (4) (a) The Prudential Premier Variable Annuity B and L Series individual annuity contract (including schedule pages for each B Series). Note 1) (b) The Prudential Premier Variable Annuity B, L, and X Series individual annuity contract (including schedule pages for L and X Series). (Note 1) (c) Enhanced Dollar Cost Averaging Rider. (Note 1) (d) Enhanced Dollar Cost Averaging Schedule Supplement. (Note 1) (e) Guaranteed Minimum Income Benefit Rider. (Note 1) (f) Guaranteed Minimum Income Benefit Schedule Supplement. (Note 1) (g) Highest Anniversary Value Death Benefit Rider. (Note 1) (h) Highest Anniversary Value Death Benefit Schedule Supplement. (Note 1) (i) Longevity Credit Rider. (Note 1) (j) Guaranteed Minimum Payments Benefit Rider. (Note 1) (k) Guaranteed Minimum Payments Benefit Schedule Supplement. (Note 1) (l) 403(b) Annuity Endorsement. (Note 1) (m) Individual Retirement Annuity Endorsement. (Note 1) (n) Roth Individual Retirement Annuity Endorsement. (Note 1) (5) (a) Application form for the Contract. (Note 7) (6) (a) Articles of Incorporation of Pruco Life Insurance Company of New Jersey, as amended February 12, 1998. (Note 5) (b) By-laws of Pruco Life Insurance Company of New Jersey, as amended August 4, 1999. (Note 6) (7) Contract of reinsurance in connection with variable annuity contracts. (Note 1) (8) Other material contracts performed in whole or in part after the date the registration statement is filed: Form of Fund Participation Agreement. (Note 4) (9) Opinion of Counsel. (Note 7) (10) Written Consent of PricewaterhouseCoopers LLP, independent registered public accounting firm. (Note 7) (11) All financial statements omitted from Item 23, Financial Statements--Not Applicable. (12) Agreements in consideration for providing initial capital between or among Registrant, Depositor, Underwriter, or initial Contract owners--Not Applicable. (13) Powers of Attorney. (a) David R. Odenath, Jr., James J. Avery Jr., Ronald P. Joelson, Helen M. Galt, John Chieffo, C. Edward Chaplin, Bernard J. Jacob (Note 1) - ---------------------- (Note 1) Filed herewith. (Note 2) Incorporated by reference to Post-Effective Amendment No. 4 to Form N-4 Registration No. 333-18117, filed April 16, 1999, on behalf of the Pruco Life of New Jersey Flexible Premium Variable Annuity Account. (Note 3) Incorporated by reference to Form N-4, Registration No. 333-18113, filed December 18, 1996 on behalf of the Pruco Life of New Jersey Flexible Premium Variable Annuity Account. (Note 4) Incorporated by reference to Form N-4, Registration No. 333-06701, filed June 26, 1996 on behalf of the Pruco Life Flexible Premium Variable Annuity Account. (Note 5) Incorporated by reference to Post-Effective Amendment No. 12 to Form S-1, Registration No. 33-20018, filed on April 16, 1999 on behalf of the Pruco Life of New Jersey Variable Contract Real Property Account. (Note 6) Incorporated by reference to Form S-6, Registration No. 333-85117 filed August 13, 1999 on behalf of the Pruco Life of New Jersey Variable Appreciable Account. (Note 7) To be filed by pre-effective amendment. ITEM 25. DIRECTORS AND OFFICERS OF THE DEPOSITOR The directors and major officers of Pruco Life of New Jersey are listed below:
Name and Principal Business Address Position and Offices with Depositor - ----------------------------------- ----------------------------------- James J. Avery, Jr. Vice Chairman and Director 213 Washington Street Newark, NJ 07102-2992 C. Edward Chaplin Senior Vice President and Treasurer 751 Broad Street Newark, NJ 07102-3777 John Chieffo Vice President and Chief Accounting Officer 213 Washington Street Newark, NJ 07102-2992
Helen M. Galt Director 213 Washington Street Newark, NJ 07102-2992 Bernard J. Jacob President and Director 213 Washington Street Newark, NJ 07102-2992 Ronald P. Joelson Director 100 Mulberry Street Newark, NJ 07102-5096 Clifford E. Kirsch Chief Legal Officer and Secretary 213 Washington Street Newark, NJ 07102-2992 Melody C. McDaid Senior Vice President 213 Washington Street Newark, NJ 07102-2992 Esther H. Milnes Senior Vice President 213 Washington Street Newark, NJ 07102-2992 James M. O'Connor Senior Vice President and Actuary 200 Wood Avenue South Iselin, NJ 08830-2706 David R. Odenath, Jr. Director 751 Broad Street Newark, NJ 07102-3777 Hwei-Chung S. Shao Senior Vice President and Chief Actuary 213 Washington Street Newark, NJ 07102-2992
ITEM 26. PERSONS CONTROLLED BY OR UNDER COMMON CONTROL WITH THE DEPOSITOR OR REGISTRANT Pruco Life Insurance Company of New Jersey ("Pruco Life of New Jersey"), a corporation organized under the laws of New Jersey, is an indirect, wholly-owned subsidiary of The Prudential Insurance Company of America, ("Prudential"), a stock life insurance company organized under the laws of New Jersey. Prudential is an indirect wholly-owned subsidiary of Prudential Financial, Inc., a New Jersey insurance holding company. Pruco Life of New Jersey may be deemed to control the following separate accounts which are registered as unit investment trusts under the Investment Company Act of 1940: the Pruco Life of New Jersey Variable Appreciable Account, the Pruco Life of New Jersey Variable Insurance Account, the Pruco Life of New Jersey Single Premium Variable Life Account, the Pruco Life of New Jersey Single Premium Variable Annuity Account, the Pruco Life of New Jersey Flexible Premium Variable Annuity Account (Registrant), the Pruco Life of New Jersey Modified Guaranteed Annuity Account and the Pruco Life of New Jersey Variable Real Property Account (separate accounts of Pruco Life of New Jersey) The above-referenced separate accounts, along with Prudential and certain of Prudential's separate accounts, hold the majority of the shares of The Prudential Series Fund, a Delaware Statutory trust. In addition, The Prudential holds all the shares of Prudential's Gibraltar Fund, a Maryland Corporation, in three of its separate accounts. The Prudential Series Fund and Prudential's Gibraltar Fund are registered as open-end diversified, management investment companies under the Investment Company Act of 1940. Additionally, the aforementioned separate accounts of Prudential are registered as unit investment trusts under the Investment Company Act of 1940. In addition, Pruco Life of New Jersey may also be deemed to be under common control with other insurers that are direct or indirect subsidiaries of Prudential Financial, Inc. and their separate accounts. The subsidiaries of Prudential Financial, Inc. are listed under Exhibit 21 of the Annual Report on Form 10-K of Prudential Financial, Registration No. 001-16707, filed March 9, 2005, the text of which is hereby incorporated. ITEM 27. NUMBER OF CONTRACT OWNERS Not Applicable. ITEM 28. INDEMNIFICATION The Registrant, in connection with certain affiliates, maintains various insurance coverages under which the underwriter and certain affiliated persons may be insured against liability which may be incurred in such capacity, subject to the terms, conditions and exclusions of the insurance policies. New Jersey, being the state of organization of Pruco Life Insurance Company of New Jersey ("PLNJ"), permits entities organized under its jurisdiction to indemnify directors and officers with certain limitations. The relevant provisions of New Jersey law permitting indemnification can be found in Section 14A:3-5 of the New Jersey Statutes Annotated. The text of PLNJ's By-law, Article V, which relates to indemnification of officers and directors, is filed as Exhibit 1.A.(6)(c) to Form S-6, Registration No. 333-85117, filed August 13, 1999 on behalf of the Pruco Life of New Jersey Variable Appreciable Account. Insofar as indemnification for liabilities arising under the Securities Act of 1933 may be permitted to directors, officers and controlling persons of the Registrant pursuant to the foregoing provisions or otherwise, the Registrant has been advised that in the opinion of the Securities and Exchange Commission such indemnification is against public policy as expressed in the Act and is, therefore, unenforceable. In the event that a claim for indemnification against such liabilities (other than the payment by the Registrant of expenses incurred or paid by a director, officer or controlling person of the Registrant 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, the Registrant 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. ITEM 29. PRINCIPAL UNDERWRITERS (a) Prudential Investment Management Services LLC (PIMS) PIMS is distributor for Nicholas-Applegate Fund, Inc., (Nicholas-Applegate Growth Equity Fund), Jennison 20/20 Focus Fund, Jennison U.S. Emerging Growth Fund, Inc., Jennison Value Fund, Dryden Index Series Fund, The Prudential Investment Portfolios, Inc., Jennison Natural Resources Fund, Inc., Jennison Sector Funds, Inc., Dryden Small Cap Core Equity Fund, Inc., Jennison Small Company Fund, Inc., Dryden Tax-Managed Funds, Prudential World Fund, Inc., Strategic Partners Mutual Funds, Inc., Dryden Global Total Return Fund, Inc.; Dryden Government Income Fund, Inc., Dryden High Yield Fund, Inc., Dryden Total Return Bond Fund, Inc., Dryden Short-Term Corporate Bond Fund, Inc., Dryden Ultra Short Bond Fund, Dryden California Municipal Fund, Dryden Municipal Bond Fund, Dryden Municipal Series Fund, Dryden National Municipals Fund, Inc., Dryden Government Securities Trust, MoneyMart Assets, Inc., Dryden Tax-Free Money Fund, Inc., Prudential Institutional Liquidity Portfolio, Cash Accumulation Trust, Gibraltar Fund Inc., The Target Portfolio Trust, The Prudential Series Fund, American Skandia Trust, The Prudential Variable Contract Account-2, The Prudential Variable Contract Account-10, and The Prudential Variable Contract Account-11. PIMS is also distributor of the following registered unit investment trust Separate Accounts: The Prudential Variable Contract Account-24, The Prudential Variable Contract Account GI-2, The Prudential Discovery Select Group Variable Contract Account, The Prudential Discovery Premier Group Variable Contract Account, The Pruco Life Flexible Premium Variable Annuity Account, The Pruco Life of New Jersey Flexible Premium Variable Annuity Account, The Prudential Individual Variable Contract Account and The Prudential Qualified Individual Variable Contract Account. (b) Information concerning the directors and officers of PIMS is set forth below:
POSITIONS AND OFFICES POSITIONS AND OFFICES NAME (1) WITH UNDERWRITER WITH REGISTRANT ----------------------- --------------------------------- --------------------- Robert F. Gunia President None Kenneth I. Schindler Senior Vice President & Chief None Compliance Officer David Odenath. Executive Vice President None 751 Broad Street Newark, NJ 07102 Scott Sleyster Executive Vice President None 280 Trumbull Street Hartford, CT 06103 Stephen Pelletier Executive Vice President None Bernard B. Winograd Executive Vice President None Edward P. Baird Executive Vice President None Michael J. McQuade Senior Vice President, None Comptroller and Chief Financial Officer C. Edward Chaplin Executive Vice President and None 751 Broad Street Treasurer Newark, NJ 07102 Peter J. Boland Senior Vice President and None Director Of Operations
- ----------------- (1) The address of each person named is 100 Mulberry Street, Newark, New Jersey 07102 unless otherwise noted. (c) Commissions received by PIMS with respect to Registrant during last fiscal year:
- -------------------------- --------------------------- --------------------------- ----------------- ----------------- Name of Principal Net Underwriting Compensation on Brokerage Underwriter Discounts and Commissions Redemption Commission Compensation - -------------------------- --------------------------- --------------------------- ----------------- ----------------- - -------------------------- --------------------------- --------------------------- ----------------- ----------------- Prudential Investment $ 6,601,002 $-0- $-0- $-0- Management Services, LLC - -------------------------- --------------------------- --------------------------- ----------------- -----------------
ITEM 30. LOCATION OF ACCOUNTS AND RECORDS All accounts, books or other documents required to be maintained by Section 31 (a) of the Investment Company Act of 1940 and the rules promulgated thereunder are maintained by the Registrant through The Prudential Insurance Company of America, 751 Broad Street, Newark, New Jersey 07102-3777. ITEM 31. MANAGEMENT SERVICES Summary of any contract not discussed in Part A or Part B of the registration statement under which management-related services are provided to the Registrant--Not Applicable. ITEM 32. UNDERTAKINGS (a) Registrant undertakes to file a post-effective amendment to this Registrant Statement as frequently as is necessary to ensure that the audited financial statements in the Registration Statement are never more than 16 months old for so long as payments under the variable annuity contracts may be accepted. (b) Registrant undertakes to include either (1) as part of any application to purchase a contract offered by the prospectus, a space that an applicant can check to request a statement of additional information, or (2) a postcard or similar written communication affixed to or included in the prospectus that the applicant can remove to send for a statement of additional information. (c) Registrant undertakes to deliver any statement of additional information and any financial statements required to be made available under this Form promptly upon written or oral request. (d) Restrictions on withdrawal under Section 403(b) Contracts are imposed in reliance upon, and in compliance with, a no-action letter issued by the Chief of the Office of Insurance Products and Legal Compliance of the U.S. Securities and Exchange Commission to the American Council of Life Insurance on November 28, 1988. (e) Pruco Life Insurance Company of New Jersey hereby represents that the fees and charges deducted under the contracts described in this Registration Statement are in the aggregate reasonable in relation to the services rendered, the expenses expected to be incurred, and the risks assumed by Pruco Life Insurance Company of New Jersey. (f) This post-effective amendment is being filed solely for the purpose of providing annual updates and/or supplements to the documents that are included in the post-effective amendment, and does not otherwise eliminate or replace any other documents previously filed in the Registration Statement. SIGNATURES Pursuant to the requirements of the Securities Act of 1933 and the Investment Company Act of 1940, the Registrant has caused this Registration Statement to be signed on its behalf by the undersigned thereunto duly authorized, and its seal hereunto affixed and attested in the City of Newark and the State of New Jersey, on this 13th day of January, 2006. THE PRUCO LIFE OF NEW JERSEY FLEXIBLE PREMIUM VARIABLE ANNUITY ACCOUNT (Registrant) BY: PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY (Depositor) Attest: /s/ CLIFFORD E. KIRSCH /s/ BERNARD J. JACOB ------------------------------ -------------------- CLIFFORD E. KIRSCH BERNARD J. JACOB CHIEF LEGAL OFFICER AND SECRETARY PRESIDENT
SIGNATURES As required by the Securities Act of 1933, this Registration Statement has been signed by the following persons in the capacities and on the date indicated.
SIGNATURE AND TITLE ------------------- *___________________________________ JAMES J. AVERY JR. VICE CHAIRMAN AND DIRECTOR *___________________________________ BERNARD J. JACOB PRESIDENT AND DIRECTOR *___________________________________ JOHN CHIEFFO VICE PRESIDENT, CHIEF ACCOUNTING OFFICER AND PRINCIPAL FINANCIAL OFFICER Date January 13, 2006 *___________________________________ RONALD P. JOELSON DIRECTOR *BY: CLIFFORD E. KIRSCH ----------------------- CLIFFORD E. KIRSCH *___________________________________ (ATTORNEY-IN-FACT) C. EDWDARD CHAPLIN SENIOR VICE PRESIDENT AND DIRECTOR *___________________________________ HELEN M. GALT DIRECTOR *___________________________________ DAVID R. ODENATH, JR. DIRECTOR
EXHIBIT INDEX (4)(a) Prudential Premier Variable Annuity B and L Series individual annuity contract (including schedule pages for B Series). (4)(b) Prudential Premier Variable Annuity B, L and X Series individual annuity contract (including schedule pages for L and X Series). (4)(c) Enhanced Dollar Cost Averaging Rider. (4)(d) Enhanced Dollar Cost Averaging Schedule Supplement (4)(e) Guaranteed Minimum Income Benefit Rider. (4)(f) Guaranteed Minimum Income Benefit Schedule Supplement. (4)(g) Highest Anniversary Value Death Benefit Rider. (4)(h) Highest Anniversary Value Death Benefit Supplement. (4)(i) Longevity Credit Rider. (4)(j) Guaranteed Minimum Payments Benefit Rider. (4)(k) Guaranteed Minimum Payments Benefit Schedule Supplement. (4)(l) 403(b) Annuity Endorsement. (4)(m) Individual Retirement Annuity Endorsement. (4)(n) Roth Individual Retirement Annuity Endorsement. (7) Contract of Reinsurance. (13) Powers of Attorney.
EX-99.4A 3 d18381_ex4a.txt EXHIBIT 4(a) PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY 751 BROAD STREET NEWARK, NEW JERSEY 07102 (A Stock Company) Please read this contract (the "Annuity") carefully; it is a legal contract between you and Pruco Life Insurance Company of New Jersey. Unless you direct otherwise, we will pay the named Owner(s), on the Annuity Payment Date, the first of a series of annuity payments, the frequency, period, and dollar amounts of which are determined in accordance with the terms and conditions of the annuity option payable, provided that both you and the Annuitant(s) are then living. This Annuity is issued subject to its provisions and in consideration of any Purchase Payments you make and we accept. The provisions of this Annuity will be applied in accordance with the laws of the jurisdiction where the Annuity is delivered or issued for delivery. Unless otherwise noted, all terms and provisions of this Annuity are applicable only during the Accumulation Period. RIGHT TO CANCEL: You may return this Annuity to our Office or to the representative who sold it to you for a refund within ten days after you receive it, or longer if required by applicable law or regulation. It can be mailed or delivered either to us, at our Office, or to the representative who sold it to you. Return of this Annuity by mail is effective on being postmarked, properly addressed and postage prepaid. The amount of the refund will be an amount equal to the sum of (i) the difference between the Purchase Payment(s) received (including any fees or other charges deducted from gross considerations) and the amount(s) allocated to the Fixed Rate Options, MVA Options and Sub-accounts under the Annuity, and (ii) the Account Value as of the Valuation Day the Annuity is returned to us. Signed for Pruco Life Insurance Company of New Jersey: [________________________] [________________________] Secretary President INDIVIDUAL FLEXIBLE PREMIUM DEFERRED VARIABLE ANNUITY NON-PARTICIPATING SUB-ACCOUNTS, FIXED RATE OPTIONS, AND MARKET VALUE ADJUSTED ("MVA") OPTIONS ALL MAY BE MADE AVAILABLE In the Accumulation Period any payments and values provided under the Sub-Accounts may increase or decrease according to their investment performance and are, therefore, not guaranteed. Please refer to the "Account Value in the Sub-Accounts" section for a more complete explanation. In the Accumulation Period any payments and values provided under the MVA Options may be subject to a Market Value Adjustment. Such a Market Value Adjustment may increase or decrease any such payments or values. The Market Value Adjustment applies to full or partial withdrawals, transfers and amounts applied to an annuity payout option. However, such payments made by us on, or within 30 days immediately prior to, the maturity of an MVA Option, and death benefits payable during the Accumulation Period are not subject to a Market Value Adjustment. The MVA liquidity factor may be waived during the Right to Cancel Period. Please refer to the "Account Value of the MVA Options" section for a more complete explanation. Payout options are specified in the Annuity. Other options may be made available. TABLE OF CONTENTS DEFINITIONS .....................................................................7 RIDERS OR ENDORSEMENTS ..........................................................9 ALLOCATION OF ACCOUNT VALUE .....................................................9 OPERATION OF THE SEPARATE ACCOUNTS .............................................10 CHARGES ........................................................................12 OWNER RIGHTS AND DESIGNATIONS ..................................................13 PURCHASE PAYMENTS ..............................................................14 ACCOUNT VALUE ..................................................................14 ALLOCATION RULES FOR ACCOUNT VALUE .............................................17 MATURITY .......................................................................18 DISTRIBUTIONS .................................................................19 DEATH BENEFIT .................................................................20 ANNUITY PAYOUT OPTIONS .........................................................22 GENERAL PROVISIONS .............................................................23 ANNUITY TABLES .................................................................25
SCHEDULE ANNUITY NUMBER: [001-00001] ISSUE DATE: [MARCH 1, 2006] TYPE OF BUSINESS: [NON-QUALIFIED] OWNER: [JOHN DOE] DATE OF BIRTH: [OCTOBER 21, 1970] SEX: [MALE] OWNER: [MARY DOE] DATE OF BIRTH: [OCTOBER 15, 1970] SEX: [FEMALE] ANNUITANT: [JOHN DOE] DATE OF BIRTH: [OCTOBER 21,1970] SEX: [MALE] LATEST AVAILABLE ANNUITY DATE: THE FIRST DAY OF THE CALENDAR MONTH FIRST FOLLOWING THE ANNUITANT'S 95TH BIRTHDAY. THE MAXIMUM ANNUITY AGE IS 95. EARLIEST AVAILABLE ANNUITY DATE: ONE YEAR FROM THE ISSUE DATE, OR ONE YEAR FROM THE DATE ANY NEW ANNUITANT BECOMES THE ANNUITANT. DEFAULT ANNUITY OPTION: IN THE ABSENCE OF AN ELECTION WE RECEIVE IN GOOD ORDER, MONTHLY PAYMENTS WILL COMMENCE UNDER FIXED LIFE INCOME ANNUITY OPTION 2 WITH 120 MONTHS CERTAIN. PURCHASE PAYMENT: $[1,000] [PURCHASE PAYMENT LIMITATION: PURCHASE PAYMENTS WILL BE ACCEPTED UP TO AND INCLUDING [AGE 85] BASED ON THE OLDEST NATURAL OWNER OR THE ANNUITANT IF THE ANNUITY IS OWNED BY AN ENTITY] MINIMUM ADDITIONAL PURCHASE PAYMENT: $[100] MINIMUM ADDITIONAL PURCHASE PAYMENT UNDER AUTOMATIC PURCHASE PLANS: $[50] MINIMUM WITHDRAWAL AMOUNT: $[100] MAXIMUM FREE WITHDRAWAL: [10%] MINIMUM SURRENDER VALUE AFTER WITHDRAWAL: $[1,000] MINIMUM ANNUITY PAYMENT: $20 PER MONTH MAXIMUM NUMBER OF SUB-ACCOUNTS IN WHICH YOU MAY MAINTAIN ACCOUNT VALUE: [NOT APPLICABLE] MINIMUM TRANSFER AMOUNT: $[50. WE RESERVE THE RIGHT TO WAIVE THE MINIMUM TRANSFER AMOUNT.] MVA OPTION: [NOT AVAILABLE] SCHEDULE (CONTINUED) CONTINGENT DEFERRED SALES CHARGE:
LENGTH OF TIME PERCENTAGE OF PURCHASE SINCE PURCHASE PAYMENT PAYMENTS BEING LIQUIDATED 0-1 year 7.0% 1-2 years 6.0% 2-3 years 5.0% 3-4 years 4.0% 4-5 years 3.0% 5-6 years 2.0% 6-7 years 1.0% 7+ years 0%
TRANSFER FEE: $[10 PER TRANSFER AFTER THE TWENTIETH IN ANY ANNUITY YEAR. WE RESERVE THE RIGHT TO: (1) INCREASE THE TRANSFER FEE, BUT IT WILL NOT EXCEED $20 PER TRANSFER AFTER THE TWELFTH IN ANY ANNUITY YEAR AND (2) WAIVE THE TRANSFER FEE IF THE TRANSFER IS MADE IN A MODE ACCEPTABLE TO US.] TRANSFER AMOUNT ALLOWED FROM A FIXED RATE OPTION: [100% OF THE ACCOUNT VALUE OF THE MATURING FIXED RATE OPTION ON ITS MATURITY DATE OR WITHIN 30 DAYS AFTER THE MATURITY DATE.] MAINTENANCE FEE: LESSER OF $30 OR 2% OF UNADJUSTED ACCOUNT VALUE, BUT ONLY IF THE UNADJUSTED ACCOUNT VALUE AT THE TIME THE FEE IS DUE IS LESS THAN $[100,000]. WE RESERVE THE RIGHT TO CHANGE THE AMOUNT OVER WHICH WE WILL WAIVE THE MAINTENANCE FEE. INSURANCE CHARGE: [1.15%] [FIXED RATE OPTION: MINIMUM INTEREST CREDITING RATE: [3.0%] GUARANTEE PERIODS AND INITIAL INTEREST RATES AS OF THE ISSUE DATE:
INITIAL ADDITIONAL ONE-YEAR INTEREST CREDITING RATE FOR GUARANTEE PERIODS INITIAL INTEREST RATE THE GUARANTEE PERIOD SHOWN [1 year X% X% 2 years X% X% 3 years X% X% 4 years X% X% 5 years X% X% 6 years X% X% 7 years X% X% 8 years X% X% 9 years X% X% 10 years X% X%]
SCHEDULE (CONTINUED) THE ADDITIONAL INTEREST CREDITING RATE VARIES BASED UPON THE GUARANTEE PERIOD YOU ELECT, BUT IS CREDITED FOR ONE YEAR ONLY, BEGINNING ON THE DATE YOU ALLOCATE A PURCHASE PAYMENT, OR PART OF ONE, TO A FIXED RATE OPTION THE INITIAL INTEREST RATE CREDITED WILL BE [0.15%] LESS THAN THE RATE THAT WOULD BE CREDITED IF THE ANNUITY DID NOT CONTAIN AN INITIAL ADDITIONAL ONE-YEAR INTEREST CREDITING RATE. THIS REDUCTION IN THE INTEREST RATE WILL REMAIN IN EFFECT THROUGHOUT THE ACCUMULATION PERIOD. THE INTEREST RATE WILL NOT BE LESS THAN THE MINIMUM INTEREST CREDITING RATE SHOWN ABOVE. PLEASE NOTE THAT THE GUARANTEE PERIODS AND CORRESPONDING INITIAL INTEREST RATES SHOWN ARE THOSE YOU SELECTED AT THE ISSUE DATE OF THIS ANNUITY. WE MAY OFFER DIFFERENT GUARANTEE PERIODS OF DIFFERENT DURATION AFTER THE ISSUE DATE. THE INITIAL INTEREST RATES SHOWN ARE EFFECTIVE ONLY AS OF THE ISSUE GUARANTEE PERIODS INITIAL INTEREST RATE INTEREST CREDITING RATE FOR DATE. THE INTEREST RATES FOR NEW FIXED RATE OPTIONS MAY BE CHANGED PERIODICALLY.] [MVA OPTION: MINIMUM INTEREST CREDITING RATE: 3.0% GUARANTEE PERIODS AND INITIAL INTEREST RATE AS OF THE ISSUE DATE:
GUARANTEE PERIODS INITIAL INTEREST RATE [1 year X% 2 years X% 3 years X% 4 years X% 5 years X% 6 years X% 7 years X% 8 years X% 9 years X% 10 years X%]
PLEASE NOTE THAT THE GUARANTEE PERIODS AND CORRESPONDING INITIAL INTEREST RATES SHOWN ARE THOSE YOU SELECTED AT THE ISSUE DATE OF THIS ANNUITY. WE MAY OFFER DIFFERENT GUARANTEE PERIODS OF DIFFERENT DURATION AFTER THE ISSUE DATE. THE INITIAL INTEREST RATES SHOWN ARE EFFECTIVE ONLY AS OF THE ISSUE DATE. THE INTEREST RATES FOR NEW MVA OPTIONS MAY BE CHANGED PERIODICALLY. INDEX PERTAINING TO MVA OPTIONS: [THE INDEX IS BASED ON THE STRIP YIELDS PROVIDED TO US BY AN INDEPENDENT PRICING SERVICE OF OUR CHOICE AS OF THE DATE WE DECLARE A RATE OF INTEREST. THE APPLICABLE TERM (LENGTH OF TIME FROM ISSUANCE TO MATURITY) OF THE STRIPS IS THE SAME AS THE DURATION OF THE GUARANTEE PERIOD. IF NO STRIPS ARE AVAILABLE FOR SUCH TERM, STRIPS FOR THE NEXT SHORTEST TERM ARE USED. IF THE UNITED STATES TREASURY DISCONTINUES OFFERING ANY OF THE APPLICABLE CERTIFICATES OF INDEBTEDNESS UPON WHICH STRIPS ARE BASED OR IF THERE IS ANY DISRUPTION IN THE MARKET FOR STRIPS THAT WOULD HAVE AN IMPACT ON OUR ABILITY TO OBTAIN MARKET VALUATIONS FOR SUCH INSTRUMENTS, WE WILL SUBSTITUTE INDICES WHICH IN OUR OPINION ARE COMPARABLE.] SCHEDULE (CONTINUED) LIQUIDITY FACTOR: [0.0025] BOND INDEX: [MERRILL LYNCH [1 TO 10] YEAR INVESTMENT GRADE CORPORATE BOND INDEX]] VARIABLE SEPARATE ACCOUNT(S): [PRUCO LIFE OF NEW JERSEY FLEXIBLE PREMIUM VARIABLE ANNUITY ACCOUNT] [MVA SEPARATE ACCOUNT: [PRUCO LIFE OF NEW JERSEY MODIFIED GUARANTEED ANNUITY ACCOUNT]] OFFICE: [PRUDENTIAL ANNUITY SERVICE CENTER P.O. BOX 7960 PHILADELPHIA, PA 19176 TOLL-FREE: 1-888-PRU-2888 WEBSITE: WWW.PRUDENTIAL.COM] ------------------ DEFINITIONS Account Value: The value of each allocation to a Sub-account, Fixed Rate Option, or MVA Option prior to the Annuity Date, plus any earnings and/or less any losses, distributions, and charges thereon, before assessment of any applicable contingent deferred sales charge, any applicable tax charges, any charges assessable as a deduction from the Account Value for any optional benefits provided by rider or endorsement and any applicable maintenance fee. Account Value is determined separately for each Sub-account and for each Fixed Rate Option and MVA Option, and then totaled to determine Account Value for your entire Annuity. Account Value of each MVA Option is calculated using an MVA, if applicable. Accumulation Period: The period of time from the Issue Date through the Valuation Day preceding the Annuity Date. Annuitant(s): Annuity payments are based upon this person's(s') life (lives). Annuity Date: The date on which we apply your Account Value to the applicable annuity option and begin the Payout Period. Annuity Payment Date: The date the first annuity payment is payable. Annuity Years: Continuous 12-month periods commencing on the Issue Date and each anniversary of the Issue Date. Beneficiary(ies): The person(s) or entity(ies) designated as the recipient of the death benefit. Contingent Annuitant(s): The person(s) named to become the Annuitant on the Annuitant's(s') death prior to the Annuity Date. We may limit your right to designate a Contingent Annuitant(s). Please refer to the section "Participation Rights and Designations" for additional information. Current Rates: The interest rates we offer to credit to Fixed Rate Options or MVA Options for the duration of newly beginning Guarantee Periods under this Annuity. Current Rates are contained in a schedule of rates established by us from time to time for the Guarantee Periods then being offered. We may establish different schedules for different classes and for different annuities. Fixed Rate Option(s): An allocation option that is credited a fixed rate of interest for a specified Guarantee Period and is to be supported by assets in our general account. Good Order: Good order is the standard that we apply when we determine whether an instruction is satisfactory. An instruction will be considered in Good Order if it is received (and where applicable, processed) at our Office: (a) in a form that is satisfactory to us such that it is sufficiently complete and clear that we do not need to exercise any discretion to follow such instruction and complies with all relevant laws and regulations; (b) on specific forms, or by other means we then permit (such as via telephone or electronic transmission); and/or (c) with any signatures and dates as we may require. We will notify you if an instruction is not in good order. Guarantee Period: A period of time during which we credit a fixed rate of interest on an MVA Option or Fixed Rate Option. Issue Date: The effective date of this Annuity. MVA: A market value adjustment used in the determination of Account Value of each MVA Option as of a date other than such MVA Option's Maturity Date and thirty days prior thereto. The Annuity describes other circumstances when the application of the MVA may be waived. The application of an MVA may increase or decrease any distributions or values. MVA Option: An allocation option that is to be credited a fixed rate of interest for a specified Guarantee Period and is to be supported by assets in the MVA Separate Account. MVA Separate Account: The separate account shown in the Schedule used in relation to MVA Options. Maturity Date: The last day in a Guarantee Period. Office: The location shown in the Schedule where all requests and payments regarding this Annuity are to be sent. The Office address may be changed at any time. We will notify you in advance of any change in address. Owner: The person or entity shown as Owner in the Schedule unless later changed. Payout Period: The period starting on the Annuity Date during which annuity payments are due. Purchase Payment: A cash consideration in currency of the United States of America given to us in exchange for the rights, privileges and benefits outlined in this Annuity. Spouse: An individual whom we believe would be recognized as a Spouse under federal law. Sub-account: A division of the Variable Separate Account(s) shown in the Schedule. Surrender Value: The Account Value less any applicable contingent deferred sales charge, any applicable tax charges, any charges assessable as a deduction from the Account Value for any optional benefits provided by rider or endorsement and any applicable maintenance fee. Unadjusted Account Value: The Account Value prior to the application of any MVA. Unit: A measure used to calculate your Account Value in a Sub-account prior to the Annuity Date. Unit Price: Unit Price is used for calculating (a) the number of Units allocated to a Sub-account, and (b) the value of transactions into or out of a Sub-account or benefits based on Account Value in a Sub-account prior to the Annuity Date. Each Sub-account has its own Unit Price which will vary each Valuation Period to reflect the investment experience of that Sub-account. Valuation Day: Every day the New York Stock Exchange is open for trading or any other day that the Securities and Exchange Commission requires mutual funds or unit investment trusts to be valued. Valuation Period: The period of time between the close of business of the New York Stock Exchange on successive Valuation Days. Variable Separate Account(s): The variable separate account(s) shown in the Schedule used in relation to Sub-accounts. we, us, our: Pruco Life Insurance Company of New Jersey. you, your: The Owner(s) shown in the Schedule. RIDERS OR ENDORSEMENTS One or more riders or endorsements may be attached and made part of your Annuity. Such riders or endorsements may contain additional or different provisions which may amend or replace the provisions in your Annuity. Such riders or endorsements may also contain provisions applicable to an optional benefit program you have elected. Such programs may impact certain provisions of this Annuity, including, but not limited to, surrenders, withdrawals, transfers, spousal continuation, and the death benefit. Charges may also apply for any optional benefit provided by rider or endorsement. Pursuant to our rules, you may elect one or more optional benefits we may make available. A schedule supplement may also contain additional fields specific to any optional benefit you have elected. Please refer to any applicable rider, endorsement and their respective schedule supplements for details regarding the impact on any provisions in this Annuity. ALLOCATION OF ACCOUNT VALUE General: You may maintain Account Value among a number of options, subject to the limits set out in this Annuity. You may transfer Account Value between such options, subject to our allocation and transfer rules. Your transfer request must be received by us in Good Order. Transfers may be subject to a fee. Sub-Account Options: We offer a number of Sub-accounts as variable allocation options. These are all Sub-accounts of the Variable Separate Account(s) shown in the Schedule. Fixed Rate Options and MVA Options: We may offer multiple Fixed Rate Options and MVA Options of different durations. The duration applicable to an MVA Option or Fixed Rate Option is the Guarantee Period. Each Fixed Rate Option and MVA Option earns a fixed rate of interest throughout its Guarantee Period. Subject to our allocation rules, we allow you to invest in multiple Fixed Rate Options and MVA Options; however, we reserve the right to limit the percentage of your Account Value allocated to the Fixed Rate Options and MVA Options, or to require your participation in a program. To the extent permitted by law, we reserve the right at any time to offer Fixed Rate Options and MVA Options with Guarantee Periods that differ from those which were available when your Annuity was issued. We also reserve the right at any time upon maturity of a Guarantee Period for a particular Fixed Rate Option or MVA Option to stop, limit, or restrict the availability of certain Guarantee Periods that we made or may make available. Guarantee Periods for available MVA Options will not exceed 10 years. For Owners age 55 or more when allocating or transferring amounts to an MVA Option, available MVA Options will include at least one MVA option with a Guarantee Period of 5 years or less. The Guarantee Period for a Fixed Rate Option or MVA Option begins: (a) when all or part of a Purchase Payment is allocated to that particular Fixed Rate Option or MVA Option; (b) upon transfer of any of your Account Value to a Fixed Rate Option or MVA Option, having a particular Guarantee Period; or (c) upon renewal of such Fixed Rate Option as described in the Maturity provision. The Guarantee Period ends upon the Maturity Date of the MVA Option or Fixed Rate Option. We reserve the right to limit access to certain Fixed Rate Options and MVA Options if the Maturity Date of such options is after the Latest Available Annuity Date. We may offer certain Fixed Rate Options and MVA Options only in connection with certain uses of the Annuity or in connection with certain programs for allocation of your Account Value. Also, we may offer multiple Fixed Rate Options or MVA Options of equal duration, but limit access to certain of these Fixed Rate Options or MVA Options depending on uses of the Annuity or based upon your participation in certain programs for allocation of your Account Value. We may offer differing Current Rates for the various Fixed Rate Options or MVA Options we make available as compared to other Fixed Rate Options and MVA Options of the same duration we also make available. Interest Rate: We declare the rates of interest applicable for the various Fixed Rate Options and MVA Options offered. Declared rates are the Current Rates and are expressed in terms of effective annual rates of interest. The rate of interest applicable to a Fixed Rate Option or MVA Option, for the class of contracts to which this Annuity belongs, is the Current Rate in effect when funds are allocated to a Fixed Rate Option or MVA Option for any particular Guarantee Period. The rate offered for Fixed Rate Options and MVA Options may differ. The rate is guaranteed throughout the Guarantee Period. Interest rates are determined by us. We inform you of the interest rate for a Fixed Rate Option or MVA Option, as well as its Maturity Date, when we confirm the allocation. We declare interest rates for new Fixed Rate Options and MVA Options from time to time. The initial interest rate for any Fixed Rate Option or MVA Option elected on the Issue Date is shown in the Schedule. This initial interest rate for a Fixed Rate Option or MVA Option is only available on the Issue Date. Interest rates are determined in accordance with any regulatory requirements. We will credit interest to the portion of the Purchase Payment, if any, allocated to the Fixed Rate Option or MVA Option at the daily equivalent of these rates. We may offer an Additional Interest Crediting Rate when you allocate all or part of a Purchase Payment to a Fixed Rate Option. Any Initial Additional Interest Crediting Rate we are crediting to a Fixed Rate Option(s) elected on the Issue Date is shown in the Schedule. We will credit interest at the daily equivalent of this rate. An Additional Interest Crediting Rate will not apply to amounts transferred to a Fixed Rate Option from any other allocation option or Fixed Rate Option to which you currently have allocated Account Value. The Additional Interest Crediting Rate is in addition to any other rate of interest we may credit to an allocation to a Fixed Rate Option. The Additional Interest Crediting Rate is credited for one year only, beginning on the date you allocate a Purchase Payment, or part of one, to a Fixed Rate Option. We will cease to credit the Additional Interest Crediting Rate at the end of one year, as measured from the date we first began crediting such amounts, even if the Fixed Rate Option's Guaranteed Period is longer than one year. We may declare Additional Interest Crediting Rates from time to time. We will inform you of any Additional Interest Crediting Rate applicable to a subsequent Purchase Payment allocated to a Fixed Rate Option when we confirm the allocation. With the exception of the Additional Interest Crediting Rate, the interest rates we credit are subject to a minimum. We may declare a higher rate. The Fixed Rate Option Minimum Interest Crediting Rate and the MVA Option Minimum Interest Crediting Rates are described in the Schedule. The Additional Interest Crediting Rate is not subject to a minimum. OPERATION OF THE SEPARATE ACCOUNT(S) General: The assets supporting our obligations under the Annuities may be held in various accounts, depending on the obligation being supported. Assets supporting obligations based on the Fixed Rate Option are held in our general account. Assets supporting obligations based on Account Values invested in the Sub-Accounts or in the MVA Options are held in separate accounts established under the laws of the State of New Jersey. Separate Accounts: We are the legal Owner of assets in the separate accounts. Income, gains and losses, whether or not realized, from assets allocated to these separate accounts, are credited to or charged against each such separate account in accordance with the terms of the annuities supported by such assets without regard to our other income, gains or losses or to the income, gains or losses in any other of our separate accounts. We will maintain assets in each separate account with a total market value at least equal to the reserve and other liabilities we must maintain in relation to the annuity obligations supported by such assets. These assets may only be charged with liabilities which arise from such annuities, and will not be charged with liabilities arising out of any other business we may conduct. Variable Separate Account(s): The assets supporting obligations based on allocations to the variable allocation options are held in Sub-accounts in the Variable Separate Account(s) shown in the Schedule. The separate account(s) consists of multiple Sub-accounts. The Variable Separate Account(s) was established by us pursuant to New Jersey law. The separate account(s) also holds assets of other annuities issued by us with values and benefits that vary according to the investment performance of the Variable Separate Account(s). The amount of our obligations in relation to allocations to the Variable Separate Accounts are based on the investment performance of the Sub-accounts. However, the guarantees provided under the Annuity are our general corporate obligations. The value of the shares held by the Sub-accounts in the variable allocation options will be based on the net asset value of the variable allocation option on each Valuation Day. The Variable Separate Account(s) is registered with the Securities and Exchange Commission ("SEC") under the Investment Company Act of 1940 (the "1940 Act") as a unit investment trust, which is a type of investment company. This does not involve any supervision by the SEC of the investment policies, management or practices of the Variable Separate Account(s). The operation of the Variable Separate Account is subject to the laws of the jurisdiction in which the Annuity is delivered. Sub-accounts may invest in underlying mutual funds or portfolios. We reserve the right to change the investment policy of any or all Sub-accounts, add Sub-accounts, eliminate Sub-accounts, combine Sub-accounts, limit access to a Sub-account or to substitute underlying mutual funds or portfolios of underlying mutual funds, subject to any required regulatory approvals. Please refer to the provision entitled "Reserved Rights" for additional information. Values and benefits based on allocations to the Sub-accounts will vary with the investment performance of the underlying mutual funds or fund portfolios, as applicable. We do not guarantee the investment results of any Sub-account. We reserve the right to transfer assets of the Variable Separate Account(s), which we determine to be associated with the class of contracts to which this Annuity belongs, to another Variable Separate Account(s). If this type of transfer is made, the term "Variable Separate Account(s)" as used in this Annuity, shall mean the Variable Separate Account(s) to which the assets were transferred. We will obtain prior approval from the Superintendent of Insurance, as well as any other required approvals before making such transfer of assets. MVA Separate Account: Assets supporting our obligations based on MVA Options are held in the MVA Separate Account shown in the Schedule, which is a "non-unitized" separate account. Such obligations are based on the interest rates we credit to MVA Options and the terms of the annuities. These obligations do not depend on the investment performance of the assets in the MVA Separate Account. This separate account was established by us pursuant to New Jersey law. The operation of the MVA Separate Account is subject to the laws of the jurisdiction in which the Annuity is delivered. There are no discrete units in the MVA Separate Account. No party with rights under any annuity participates in the investment gain or loss from assets in the MVA Separate Account. Such gain or loss accrues solely to us. We retain the risk that the value of the assets in the MVA Separate Account may drop below the reserves and other liabilities we must maintain. Should the value of the assets in the MVA Separate Account drop below the reserve and other liabilities we must maintain in relation to the annuities supported by such assets, we will transfer assets from our general account to the MVA Separate Account to make up the difference. We have the right to transfer to our general account any assets of the MVA Separate Account in excess of such reserves and other liabilities. We maintain assets in the MVA Separate Account supporting a number of annuities we offer. If you surrender, withdraw, transfer or annuitize your Account Value from an MVA Option before the end of its Guarantee Period, you bear the risk inherent in the MVA. The Account Value of an MVA Option on its Maturity Date or within thirty days prior thereto is guaranteed to be its then current Unadjusted Account Value. CHARGES General: The charges which are or may be assessed against your Annuity are the contingent deferred sales charge, the maintenance fee, tax charges, and a transfer fee. The insurance charge is assessed against the Sub-accounts of the Variable Separate Account(s). Contingent Deferred Sales Charge: The contingent deferred sales charge for each Purchase Payment is a percentage of the Purchase Payment being liquidated. The charge decreases as the Purchase Payment ages. The aging of a Purchase Payment is measured from the date it is allocated to your Annuity. The charge is shown in the Schedule in the section entitled "Contingent Deferred Sales Charge." The charge is allocated among the allocation options in the same proportion as the withdrawal upon which it is assessed. Maintenance Fee: This is an annual fee deducted at the end of each Annuity Year or on surrender, if earlier. The amount of this charge is shown in the Schedule. The fee is determined based upon your entire Unadjusted Account Value. We will waive all or a portion of this fee if we are required by law or regulation to meet any minimum nonforfeiture requirements. As of the Valuation Day the maintenance fee is due, the fee is assessed proportionately against the Account Value of all investment options to which your Account Value is allocated. If a total withdrawal is made on other than an anniversary of the Issue Date, we determine your Account Value and make a deduction for the maintenance fee the same as though it were due on an Annuity Year. Tax Charges: The Annuity includes a charge generally intended to approximate any applicable premium tax, retaliatory tax and other taxes imposed on us. (Currently, the State of New York does not impose a premium tax.) In some cases the tax charges may be more and in some cases less than the actual amount of taxes we are required to pay with respect to a particular Annuity. We may, in our discretion, pay these taxes when due and deduct the tax charges from the Account Value at a later date. Transfer Fee: The transfer fee is as shown in the Schedule. The fee is deducted immediately subsequent to a transfer and is taken pro-rata from all Sub-accounts in which you maintain Account Value as of the Valuation Day for which we price the applicable transfer. The fee is only charged if there is Account Value in at least one Sub-account immediately subsequent to such transfer. Transfers of Account Value from: (a) a Fixed Rate Option on its Maturity Date or within thirty days thereafter; or (b) from an MVA Option on its Maturity Date or within thirty days prior thereto, are not subject to the transfer fee and are not counted in determining whether other transfers may be subject to the transfer fee. We reserve the right to reduce the transfer fee if the transfer is made electronically or through another mode we make available. Insurance Charge: We deduct this charge daily against the assets allocated to the Sub-accounts during the period(s) shown and at the levels indicated in the Schedule. The charge is deducted based upon the Annuity's Account Value in the Variable Separate Account. Any increases or decreases in such Account Value based on market fluctuations of the Sub-accounts will affect the charge. Therefore, a portion of the proceeds that we receive from the charge may include amounts based on market appreciation of the Sub-account values. OWNER RIGHTS AND DESIGNATIONS You may exercise the rights, options and privileges granted in this Annuity or permitted by us. Your rights to make future changes under this Annuity terminate as of the date we receive notice of death. No rights of survivorship are provided except as provided herein. You make certain designations that apply to the Annuity. These designations are subject to our rules and to various regulatory or statutory requirements depending on the use of the Annuity. These designations include an Owner(s), an Annuitant(s), a Contingent Annuitant(s), a Beneficiary(ies), and a contingent Beneficiary(ies). Certain designations are required, as indicated below. An Owner must be named. You may name more than one Owner; however, we reserve the right to limit the number of Owners. If you name more than one Owner, all rights reserved to Owners are then held equally by all co-Owners. However, if the Owners each provide us with instruction that we find acceptable, we will permit an Owner to act independently on behalf of the co-Owners. We require the consent in Good Order of all co-Owners and any other party with current vested rights for any transaction for which we require the written consent of Owners. We will send all communications to the address of the first named Owner. You must name an Annuitant. We do not accept a designation of joint Annuitants. If the Annuitant is not an Owner and the Annuitant predeceases any Owner who is a natural person: (a) The Owner becomes the Annuitant if no Contingent Annuitant was designated; and (b) If there are multiple Owners who are natural persons, the oldest of such Owners becomes the Annuitant if no Contingent Annuitant was designated, subject to our age requirements. Where allowed by law, you may name one or more Contingent Annuitant(s). You may not name a Contingent Annuitant without our prior approval. If the Annuitant is not an Owner and the Annuitant dies before the Annuity Date, the Contingent Annuitant will become the Annuitant. If there is a change of the Annuitant, the Annuity Date will be based on the age of the new Annuitant; however, the new Annuity Date must: (a) be on or after the earliest available Annuity Date, reset for the new Annuitant; and (b) must be consistent with applicable laws and regulations at the time. Death benefits are payable to the Beneficiary. You may designate more than one primary or contingent Beneficiary. If you make such a designation, the proceeds are payable in equal shares to the survivors in the appropriate Beneficiary class, unless you request otherwise in Good Order. Unless otherwise required by law, if the primary Beneficiary(ies) dies before death proceeds become payable, the proceeds will become payable to the contingent Beneficiary. If no Beneficiary is alive when death proceeds become payable, or in the absence of any Beneficiary designation, the proceeds will vest in any surviving Owner. If there is no surviving Owner, the proceeds will vest in your estate. For these purposes, the term "surviving Owner" includes any Owner that is or is not a natural person. Changing Designations: You may request to change the Owner, Annuitant, Contingent Annuitant, Beneficiary and contingent Beneficiary designations by sending us a request in Good Order. Such changes will be effective on the date the change request form is signed, provided we receive such request in Good Order. Some of the changes we may not accept include, but are not limited to: (a) a new Owner subsequent to the death of the Owner or the first of any co-Owners to die, except where a Spouse-Beneficiary has become the Owner as a result of an Owner's death; (b) a new Annuitant subsequent to the Annuity Date if the annuity option selected includes a life contingency; and (c) a new Annuitant prior to the Annuity Date if the Owner is not a natural person. Common Disaster: If an Owner is a natural person and if any Beneficiary dies with the Owner in a common disaster, it must be proved to our satisfaction that the Owner died first. When there is insufficient evidence to determine the order of death, then, unless prohibited by law, we will deem the Owner to be the last survivor and pay the proceeds to any remaining Beneficiary, or if none, to any remaining contingent Beneficiary, or if none, to the Owner's estate. Unless information provided indicates otherwise, the Annuity is treated as though the Beneficiary died first. If: (a) the Owner is not a natural person; (b) no Contingent Annuitant has been designated; and (c) the Annuitant and the Beneficiary die in a common disaster, then it must be proved to our satisfaction that the Annuitant died first. Unless prohibited by law, when there is insufficient evidence to determine the order of death, we will deem the Annuitant to be the last survivor and pay the proceeds to any remaining Beneficiary, or if none, to any remaining contingent Beneficiary, or if none, to the Owner. PURCHASE PAYMENTS Initial Purchase Payment: Issuance of an Annuity represents our acceptance of an initial Purchase Payment. The amount of your initial Purchase Payment evidenced by this Annuity is shown in the Schedule. Amounts of Purchase Payments are allocated to the allocation options according to your instructions. Additional Purchase Payments: Any Purchase Payment limitation and the minimum for any additional Purchase Payment are as shown in the Schedule. We reserve the right to limit or reject certain Purchase Payments. Subject to the "Allocation Rules" herein, unless you otherwise instruct us, any additional Purchase Payments will be allocated among the allocation options according to your most recent allocation instructions. If an allocation option is no longer available, we reserve the right to allocate that portion to the money market allocation option. ACCOUNT VALUE Account Value in the Sub-accounts: We determine your Account Value separately for each Sub-account. To determine the Account Value in each Sub-account, we multiply the Unit Price as of the Valuation Period for which the calculation is being made times the number of Units attributable to your Annuity in that Sub-account as of that Valuation Period. Units: The number of Units attributable to this Annuity in a Sub-account is the number of Units you purchased less the number of Units liquidated. We determine the number of Units involved in any transaction specified in dollars by dividing the dollar value of the transaction by the Unit Price of the affected Sub-account as of the Valuation Period applicable to such transaction. Unit Price: The Unit Price for each Sub-account is the net investment factor for that period, multiplied by the Unit Price for the immediately preceding Valuation Period. The Unit Price for a Valuation Period applies to each day in the period. Net Investment Factor: Each Sub-account has a net investment factor. The net investment factor is an index that measures the investment performance of, and charges assessed against, a Sub-account from one Valuation Period to the next. The net investment factor for a Valuation Period is (a) divided by (b), less (c), where: (a) is the net result of: (1) the net asset value per share of the underlying mutual fund shares held by that Sub-account at the end of the current Valuation Period plus the per share amount of any dividend or capital gain distribution declared and unpaid (accrued) by the underlying mutual fund, plus or minus (2) any per share charge or credit during the Valuation Period as a provision for taxes attributable to the operation or maintenance of that Sub-account. (b) is the net result of: (1) the net asset value per share of the underlying mutual fund shares held by that Sub-account at the end of the preceding Valuation Period plus the per share amount of any dividend or capital gain distribution declared and unpaid (accrued) by the underlying mutual fund, plus or minus (2) any per share charge or credit during the preceding Valuation Period as a provision for taxes attributable to the operation or maintenance of the Sub-account. (c) is the insurance charge. We value the assets in the Sub-accounts at their fair market value in accordance with accepted accounting practices and applicable laws and regulations. The net investment factor may be greater than, equal to, or less than one. Account Value of the Fixed Rate Options: The duration of each Fixed Rate Option is its Guarantee Period. We will credit interest to any amounts allocated to the Fixed Rate Options at the daily equivalent of the declared rates. We value each allocation to a Fixed Rate Option separately. The Account Value of each Fixed Rate Option is the amount allocated to it at the start of its Guarantee Period plus the interest credited during its Guarantee Period less any withdrawals and less any charges assessed. Account Value of the MVA Options: The duration of each MVA Option is its Guarantee Period. We will credit interest to any amounts allocated to the MVA Options at the daily equivalent of the declared rates. We value each allocation to an MVA Option separately. The Account Value of each MVA Option is the amount allocated to it at the start of its Guarantee Period plus the interest credited during its Guarantee Period less any withdrawals and less any charges assessed, multiplied by the MVA, if applicable. A formula is used to determine the MVA. The formula is applied separately to each MVA Option. Values and time durations used in the formula are as of the date for which the Account Value is being determined. The formula is: [(1+I)/(1+J+L)] (N/365); where: I is (a) plus (b); where: (a) is the Strip Yield as of the date the Guarantee Period began (or if no Strip Yields are available on such date, the most recent applicable Strip Yield available to us prior to such date) for Strips maturing at the end of the applicable MVA Option's Guarantee Period. If there are no Strips maturing at that time, we use the Strip Yield for the Strips maturing as soon as possible after the Guarantee Period ends; and (b) is the Option-adjusted Spread associated with the Bond Index shown in the Schedule based on bond prices as of the close of trading on the date the Guarantee Period began (or if no Option-adjusted Spread is available on such date, the most recent applicable Option-adjusted Spread available to us prior to such date). J is (c) plus (d); where (c) is the Strip Yield as of the date the MVA formula is to be applied (or if no Strip Yields are available on such date, the most recent applicable Strip Yield available to us prior to such date) for Strips maturing at the end of the applicable MVA Option's Guarantee Period. If there are no Strips maturing at that time, we use the Strip Yield for the Strips maturing as soon as possible after the Guarantee Period ends; and (d) is the Option-adjusted Spread associated with the Bond Index shown in the Schedule based on bond prices as of the close of trading on the date the MVA formula is to be applied (or if no Option-adjusted Spread is available on such date, the most recent applicable Option-adjusted Spread available to us prior to such date). L is the liquidity factor shown in the Schedule. N is the number of days remaining in such MVA Option's Guarantee Period. A Strip is a direct obligation of the U.S. Treasury. It consists of a Treasury coupon security broken into individual payments of either the right to receive the applicable principal payment or the right to the applicable interest payment. The Strip Yield, for purposes of this Annuity, is the ask yield for Strips based solely on the right to redeem coupons for interest payments. The Option-adjusted Spread is the differences between the yields on corporate debt securities, adjusted to disregard any options available therewith, and the yields on government debt securities of comparable maturity. The pricing of distributions and transfers involving MVA Options includes the determination of any applicable MVA. Any applicable MVA alters the amount available when all the Account Value in an MVA Option is being transferred or distributed. Any applicable MVA alters the amount of Unadjusted Account Value needed when only a portion of the Account Value is being transferred or distributed. The MVA may change daily to reflect the passage of time and the change in the applicable index. No MVA applies in determining an MVA Option's Account Value on its Maturity Date or within thirty days prior thereto. No MVA is applied to death benefits payable during the Accumulation Period. We reserve the right to waive the liquidity factor under certain circumstances including, but not limited to, the Right to Cancel period. If the United States Treasury discontinues offering any of the applicable certificates of indebtedness upon which Strips are based or if there is any disruption in the market for Strips that would have an impact on our ability to obtain market valuations for such instruments, we will substitute indices which in our opinion are comparable. If the Bond Index shown in the Schedule is discontinued, or if there is any disruption in the market for investment grade bonds or options on such bonds that would impact the ability to calculate the index, we will substitute a comparable index. We will obtain the approval of the Superintendent of Insurance and any other required regulatory approval for substitution of either or both indices. ALLOCATION RULES FOR ACCOUNT VALUE You may allocate your Account Value among the allocation options we make available. The Variable Separate Account(s) consists of multiple Sub-accounts. You may maintain Account Value up to the maximum number of Sub-accounts shown in the Schedule. We reserve the right to limit the availability of allocation options to additional Purchase Payments or transfers. You may also maintain an unlimited number of MVA Options and Fixed Rate Options; however, we reserve the right to limit the amount you may allocate to any MVA Option and Fixed Rate Option. Should you request a transaction that would leave less than any minimum amount we then require in an allocation option, we reserve the right, to the extent permitted by law, to add the balance of your Account Value in the applicable Sub-account, MVA Option, or Fixed Rate Option to the transaction and close out your balance in that allocation option. Transfer Restrictions: We reserve the right to require two business days prior to any transfer into or out of an MVA Option or Fixed Rate Option if the amount transferred exceeds $500,000. Where permitted by law, we may accept your authorization of a third party to transfer Account Values on your behalf. We may suspend or cancel such acceptance at any time. We may restrict the allocation options that will be available to you for transfers or allocations of Purchase Payments during any period in which you authorize such third party to act on your behalf. We give the third party you authorize prior notification of any such restrictions. However, we will not enforce such a restriction if we are provided evidence satisfactory to us that: (a) such third party has been appointed by a court of competent jurisdiction to act on your behalf; or (b) such third party has been appointed by you to act on your behalf for all your financial affairs. We reserve the right to not accept a transfer request of a third party acting under a power of attorney on behalf of more than one Owner. We reserve the right to limit the number of transfers in any Annuity Year for all existing or new Owners in order to preserve the tax status of your Annuity. In addition, in light of the risks that frequent transfers impose upon Owners and other investors in the Variable Separate Account(s) and/or mutual fund portfolios that serve as funding vehicles for the Sub-accounts, we reserve the right to limit transfer activity and impose other requirements or charges to minimize these risks, including but not limited to, requiring a minimum time period between each transfer, limiting the number of transfers in any Annuity Year or refusing any transfer request for an Owner or certain Owners. Please refer to the provision entitled "Maturity" for information on transfers pertaining to an MVA Option and a Fixed Rate Option. Withdrawals: Withdrawals of any type are taken proportionally from the Sub-accounts, Fixed Rate Options, and MVA Options based on the then current Account Values in such allocation options unless we receive other instructions from you prior to such withdrawal. For purposes of calculating the applicable proportion, the Account Value in all your then current MVA Options is deemed to be in one allocation option. If you withdraw Account Value from multiple MVA Options and do not provide instructions indicating the MVA Options from which Account Value should be taken, then: (a) we take Account Value first from the MVA Option with the shortest amount of time remaining to the end of its Guarantee Period, and then from the MVA Option with the next shortest amount of time remaining to the end of its Guarantee Period, etc.; and (b) if there are multiple MVA Options with the same amount of time left in each Guarantee Period, then amongst such MVA Options we first take Account Value from the MVA Option that has the shortest Guarantee Period. If multiple MVA Options of equal Guarantee Periods have the same amount of time left to the end of such Guarantee Periods, we withdraw amounts proportionately from those MVA Options based on the then current Account Value. For purposes of calculating the applicable proportion, the Account Value in all your Fixed Rate Options is deemed to be in one allocation option. If you withdraw Account Value from multiple Fixed Rate Options and do not provide instructions indicating the Fixed Rate Options from which Account Value should be taken, then: (a) we take Account Value first from the Fixed Rate Option with the shortest amount of time remaining to the end of its Guarantee Period, and then from the Fixed Rate Option with the next shortest amount of time remaining to the end of its Guarantee Period, etc.; and (b) if there are multiple Fixed Rate Options with the same amount of time left in each Guarantee Period, then amongst such Fixed Rate Options we first take Account Value from the Fixed Rate Option that has the shortest Guarantee Period. If multiple Fixed Rate Options of equal Guarantee Periods have the same amount of time left to the end of such Guarantee Periods, we withdraw amounts proportionately from those Fixed Rate Options based on the then current Account Value. MATURITY General: An MVA Option or Fixed Rate Option ends on its Maturity Date at the end of the Guarantee Period. You may elect to start a new MVA Option or Fixed Rate Option for a Guarantee Period of equal duration, if we are then making that duration available. Transfers from either the MVA Option or Fixed Rate Option follow the same order of liquidation as described above in the provision entitled "Withdrawals." Maturity Date of an MVA Option: No MVA applies to transfers of an MVA Option's Account Value occurring as of its Maturity Date or within thirty days prior thereto. However, you may not elect to transfer to certain automatic programs we may offer. At least 45 days prior to the Maturity Date of an MVA Option, we will notify you of the MVA Guarantee Periods and corresponding interest rates available on the Maturity Date. If the interest rates have not yet been determined, we will disclose the current interest rates for those Guarantee Periods. We must receive instructions from you in Good Order at least two business days before the Maturity Date. Once you have made an election, and we have received it, it may not be reversed. If we do not receive instructions from you at least two business days before the Maturity Date, we allocate the Account Value in the maturing MVA Option to the money market allocation option, unless the Maturity Date is the Annuity Date. Maturity Date of a Fixed Rate Option: Only on the Maturity Date of a Fixed Rate Option and within 30 days immediately after the Maturity Date, may you elect to transfer a portion of the Fixed Rate Option's Account Value into subsequent allocation options we make available on that date, subject to the percentage restriction indicated in the Schedule. However, we reserve the right to permit transfers on other than a Maturity Date and the thirty-day period thereafter. Transfers out of a Fixed Rate Option may not exceed the amount indicated in the Schedule. We reserve the right to change the transfer amount permitted from a Fixed Rate Option. Unless you indicate otherwise, at the end of the 30-day period we will transfer the entire amount to another Fixed Rate Option of equal duration. We will apply the interest rate in effect on the date of the transfer to the new Fixed Rate Option. If, at the end of the 30-day period, we no longer make available Fixed Rate Options of equal duration, we will transfer the entire amount to a Fixed Rate Option with the next shortest duration we make available. If we do not make a shorter Fixed Rate Option available, we will transfer the entire amount to the money market allocation option. If, during the 30-day period, you elect to transfer either a percentage or the full amount to a Fixed Rate Option, we will apply the interest rate in effect on the date of the transfer to the new Fixed Rate Option. DISTRIBUTIONS General: We may require that you submit a request in Good Order to our Office for any withdrawal or surrender. We may also require that you send your Annuity to our Office as part of any surrender request. We price any distribution on the date we receive all materials in Good Order. Surrender: Surrender of your Annuity for its Surrender Value is permitted. Free Withdrawals: Each Annuity Year you may withdraw a limited amount of Account Value without application of any applicable contingent deferred sales charge. The minimum withdrawal amount and the minimum Surrender Value after a withdrawal are shown in the Schedule. If you do not make a free withdrawal during an Annuity Year, you are not permitted to carry over the free withdrawal amount to a subsequent Annuity Year. The maximum percentage available each Annuity Year as a free withdrawal is shown in the Schedule. The percentage is applied to the total amount of "New" Purchase Payments to determine the maximum free withdrawal amount. "New" Purchase Payments are those received that are still subject to a contingent deferred sales charge. The contingent deferred sales charge may apply to withdrawals exceeding the maximum free withdrawal amount. Amounts withdrawn as free withdrawals are not treated as a withdrawal of Purchase Payments for purposes of calculating the free withdrawal amount and the calculation of any applicable contingent deferred sales charges. If no contingent deferred sales charge would apply to withdrawal of any Purchase Payments, you may withdraw all or a portion of your Surrender Value without application of any contingent deferred sales charge, subject to the minimum withdrawal amount and subject to the minimum Surrender Value after a withdrawal, as shown in the Schedule. Partial Withdrawals: You may withdraw part of your Surrender Value. The minimum partial withdrawal is as shown in the Schedule. The Surrender Value that must remain in the Annuity as of the date of this transaction is as shown in the Schedule. If the amount of the partial withdrawal request exceeds the maximum amount available, we reserve the right to treat your request as one for a full surrender. On a partial withdrawal, the contingent deferred sales charge is assessed against any "unliquidated" "new" Purchase Payments withdrawn. "Unliquidated" means not previously withdrawn. For these purposes, amounts are deemed to be withdrawn from your Annuity in the following order: (1) From any amount then available as a free withdrawal; then from (2) "Old" Purchase Payments are those to which any contingent deferred sales charge no longer applies prior to the withdrawal; then from (3) "New" Purchase Payments (If there are multiple "new" Purchase Payments, the one received earliest is liquidated first, then the one received next earliest, and so forth); then from (4) Other Surrender Value. DEATH BENEFIT The person upon whose death the death benefit is payable is referred to below as the "decedent." A death benefit is payable only if your Account Value is greater than zero. We pay death benefit claims upon receipt of due proof of death of the relevant decedent, and other documentation we require, in Good Order. If the Owner is a natural person, the Owner is the decedent upon his or her death. If there is more than one Owner, each being a natural person, the first of such Owners to die is the decedent upon his or her death. If the Owner is not a natural person, and there is no Contingent Annuitant, then the Annuitant is the decedent and the death benefit is payable upon the Annuitant's death. If the Owner is not a natural person and we have permitted the naming of a Contingent Annuitant, and assuming that the Contingent Annuitant was designated before the Annuitant's death and the Annuitant dies, then the Annuity continues, no death benefit is payable, and the Contingent Annuitant then becomes the Annuitant. For purposes of this death benefit provision, "withdrawals" means withdrawals of any type (including free withdrawals and partial withdrawals) without consideration of any contingent deferred sales charge or MVA. The death benefit is as follows, and is subject to items(1) and (2) below: (1) The death benefit is the greater of (a) and (b), where: (a) is your Unadjusted Account Value; and (b) is the minimum death benefit ("Minimum Death Benefit"). The Minimum Death Benefit is the sum of all Purchase Payments less the impact of withdrawals as a result of a "proportional reduction." A proportional reduction is a reduction caused by each withdrawal. The proportion applied equals the ratio of the amount of the applicable withdrawal to the Account Value as of the date of the withdrawal but immediately prior to the withdrawal. (2) If a decedent was not named an Owner or Annuitant as of the Issue Date and did not become such as a result of a prior Owner's or Annuitant's death, the Minimum Death Benefit is suspended as to that person for a two-year period from the date he or she first became an Owner or Annuitant. After the suspension period is completed, the death benefit is the same as if such person had been an Owner or Annuitant on the Issue Date. During the suspension period, the death benefit is your Unadjusted Account Value. For purposes of this provision, persons named Owner or Annuitant within 60 days of the Issue Date are treated as if they were an Owner or Annuitant on the Issue Date. The amount of the death benefit is determined as of the date we receive due proof of death in Good Order. As of that date we transfer all amounts due each Beneficiary to the money market allocation option unless we have all instructions required to pay the amount due. We shall pay interest not less than that required by state law on the death benefit from the date we receive due proof to the date of settlement. In order to pay a Beneficiary the amount due, we require: (a) all representations we require or which are mandated by applicable law or regulation in relation to the death claim and the payment of death proceeds; and (b) any applicable election of the mode of payment of the death benefit. In the event of death before the annuity starting date, the benefit must be distributed within: (a) five years of the date of death of the decedent; or (b) as to each Beneficiary, over a period not extending beyond the life expectancy of the Beneficiary or over the life of the Beneficiary. The annuity starting date means the later of the date the obligation to make annuity payments under the Annuity becomes fixed or the first day of the period (whether annual, monthly, or otherwise) that ends on the date of the first annuity payment. Except as noted below in the spousal continuation provision, we assume that the death benefit is to be paid out under (a), above, unless we receive a different election. The Owner may elect the method of payment to each Beneficiary, subject to our then current rules, prior to the date of death of the decedent. When no such election is made as to a specific Beneficiary, such Beneficiary must elect the method of payment within 60 days of the date we receive all required documentation in Good Order in order to pay the death benefit to that Beneficiary. If no election is made within 60 days, the default will be distribution within five years of the date of death of the decedent as noted in (a) above. In addition, distribution after a decedent's death to be paid over the life expectancy or over the life of the Beneficiary under (b), above, must commence within one year of the date of death. In the event of death on or after the annuity starting date (as defined above), we distribute any payments due subsequent to an Owner's death at least as rapidly as under the method of distribution in effect as of the date of such Owner's death. Spousal Continuation: We allow the Spouse to continue the Annuity subsequent to a death, subject to our rules and subject to our receipt of due proof of death in Good Order. The situations where the Annuity may continue subsequent to a death will be determined by us. For example, these situations may include when on the date we receive due proof of the Owner's or co-Owner's death: (a) there is only one Owner of the Annuity and there is only one Beneficiary who is the Owner's Spouse, or (b) there is an Owner and co-Owner who are married at the date of death of the decedent, and the surviving Owner is the primary Beneficiary under the Annuity. If we determine to permit continuation by a surviving Spouse of the proportion of the Annuity equal to such Spouse's proportion of the death proceeds, then all references in this section referring to continuing the Annuity refer only to that applicable portion of the Annuity. If the Annuity has not reached the Annuity Date on the date we receive everything we require to pay the surviving Spouse's death claim, we assume the election by the surviving Spouse of continuation of the Annuity unless otherwise notified. If the surviving Spouse has reached the Latest Annuity Date, a new Annuitant must be named. Spousal Continuation may only occur once. Upon activation of Spousal Continuation, Account Value is adjusted to equal the amount of the lump sum death benefit to which the surviving Spouse would have been entitled. If the adjustment requires the addition of any amount, such amount will be added to the Account Value in the money market allocation option. If a surviving Spouse continues the Annuity, we calculate the Minimum Death Benefit after the date we receive due proof of the Spouse's death: (a) using the Account Value, including any increase, as of the date the death benefit would have otherwise been payable as if it were a Purchase Payment; and (b) we ignore all Purchase Payments, withdrawals and values applicable to such death benefit that occurred before such date. ANNUITY PAYOUT OPTIONS General: This Annuity provides for payments under one of the Annuity Payout Options described below. Any other available Annuity Payout Options in addition to those shown may be selected with our consent. You will be the payee of the options made available, unless we receive other instructions in Good Order. You may elect to have any amount of the proceeds due to a Beneficiary applied under any of the options described below or any other options we then make available. If you made such election, a Beneficiary may not alter such election. However, if you have not previously made such election, a Beneficiary may make such an election as to the proceeds due that Beneficiary. Annuity benefits at their commencement will not be less than those that would be provided by the application of "an amount" to purchase any single consideration immediate annuity we offer at the same time to the same class of annuitants. "An amount" is defined as the greater of the Surrender Value or 95% of what the Surrender Value would be if there were no contingent deferred sales charge. Annuity payments can be guaranteed for a certain period or for a certain period and life. You may choose an Annuity Date, an annuity option and the frequency of annuity payments. Your choice of Annuity Date and annuity option may be limited depending on your use of the Annuity. The Earliest Available Annuity Date and Latest Available Annuity Date as of the Issue Date are shown in the Schedule. You may change your choices at any time up to thirty days before any Annuity Date you selected. We must receive your request in Good Order. If there is any remaining contingent deferred sales charge applicable as of the Annuity Date, we may restrict the availability of certain options we offer. In the Payout Period, subsequent to the death of the Annuitant, we continue to pay any "certain" payments (payments not contingent on the continuance of any life) to the named payee or, if applicable, any named successor payee. The Beneficiary designation during the Accumulation Period is not applicable to the Payout Period unless you have indicated otherwise, or we determine that continuance of a designation is required by law. If, at the time this Annuity reaches the Payout Period and the Surrender Value is less than $2,000, or would provide an initial payment amount of less than the Minimum Annuity Payment shown in the Schedule, we reserve the right to pay you the Account Value in one lump sum in full satisfaction of our obligations under this Annuity. For purposes of the annuity options described below, the term "measuring life" means the person or persons upon whose life any payments dependent upon the continuation of life are based. a) Option 1 - Payments for a Certain Period: Under this option, payments are made periodically for a specified number of years. The number of years is subject to our then current rules. b) Option 2 - Life Income Annuity: Under this option, payments are made for as long as the Annuitant lives, with payments certain for 120 months. We may make other modal payment durations available. We reserve the right to require evidence satisfactory to us of the age of any "measuring life" upon whose life payment amounts are calculated prior to commencement of any annuity payments. Default Annuity Option: In the absence of an election we receive in Good Order, we will apply the Default Annuity Option shown in the Schedule. Fixed Annuity Payments: Fixed annuity payments under Option 1 or 2 above do not fluctuate. Interest at a rate not less than that shown in the Annuity Tables provision is applied from the Annuity Date to the Annuity Payment Date, and the payment amount will be determined based on the annuity rates for the annuity option and frequency of payment selected. The annuity rates per $1,000 of value for Monthly Fixed Annuity Payments under Options 1 and 2 above will not be less than those shown in the Annuity Tables. GENERAL PROVISIONS Entire Contract: This Annuity, including any riders, endorsements, schedule supplements, and amendments that are made part of this Annuity are the entire contract. This Annuity may be changed or modified only in a writing signed by our President, a Vice President, or Secretary. We are not bound by any promises or representations made by or to any other person. Incontestability: We will not contest this Annuity. Any statements made in applying for the Annuity are considered representations, not warranties. Values and Benefits: Any Surrender Value or death benefit provided under this Annuity is not less than that required by the laws of the state in which this Annuity is delivered. Misstatement of Age or Sex: If there has been a misstatement of the age and/or sex of any person upon whose life any amounts we are obligated to determine in order to make any payment, including charges and annuity payments, the minimum death benefit or any increase to Account Value under the Spousal Continuation provision, we will adjust such amounts to conform to that for the correct age and/or sex. As to annuity payments: (a) any underpayments by us will be remedied on the next payment following correction with interest at a rate not more than 6%; and (b) any overpayments by us will be charged against future amounts payable by us under your Annuity. Transfers, Assignments or Pledges: Generally, your rights in an Annuity may be transferred, assigned or pledged for loans. However, these rights may be limited depending on your use of the Annuity. You may transfer, assign or pledge your rights to another person, prior to any death upon which the death benefit is payable. You must request a transfer or provide us a copy of the assignment in Good Order. A notice of transfer or assignment is subject to our acceptance. Prior to receipt of this notice, we will not be deemed to know of or be obligated under any assignment prior to our receipt and acceptance thereof. We assume no responsibility for the validity or sufficiency of any assignment. During any period we consider your Annuity subject to an assignment, the rights of any Beneficiary (ies) are subordinate to those of any assignee(s). There may be income tax consequences associated with transfers, assignments or pledges. Nonparticipation: The Annuity does not share in our profits or surplus earnings. Deferral of Transactions: We may defer any annuity payment for a period not to exceed the lesser of 6 months or the period permitted by law. If we defer a distribution or transfer from any MVA Option, Fixed Rate Option, or any fixed annuity payout for more than ten days, we pay interest not less than that required by law, unless the amount of interest to be paid would be less than $25. We may defer any distribution from any Sub-account or any transfer from a Sub-account for a period not to exceed seven calendar days from the date the transaction is effected. Any other deferral period begins on the date such distribution or transfer would otherwise have been transacted. In addition to the transfer restrictions above, all transactions into, out of, or based on any Sub-account may be postponed whenever: (1) the New York Stock Exchange is closed (other than customary holidays or weekends) or trading on the New York Stock Exchange is restricted as determined by the SEC; (2) the SEC permits postponement and so orders; or (3) the SEC determines that an emergency exists making valuation or disposal of securities not reasonably practical. Elections, Designations, Changes and Requests: All elections, designations, changes and requests must be received by us in Good Order and are effective only after they have been approved by us, subject to any transactions made by us before receipt of such notices. We inform you of any changes to your Annuity that materially affect your rights. Claims of Creditors: To the extent permitted by law, no payment or value under this Annuity is subject to the claims of your creditors or those of any other Owner, any Annuitant, or any Beneficiary. Evidence of Survival: Before we make a payment, we have the right to require proof of continued life and any other documentation we need to make a payment. We can require this proof for any person whose life or death determines whether or to whom we must make the payment. Tax Reporting and Withholding: We comply with all applicable federal and state tax reporting and withholding laws and regulations with respect to this Annuity. Events giving rise to such tax reporting and withholding include, but are not limited to: (a) annuity payments; (b) payment of death benefits; (c) other distributions from the Annuity; and (d) transfers and assignments. Facility of Payment: Subject to applicable law, we reserve the right, in settlement of full liability, to make payments to a guardian, conservator or other legal representative if a payee is legally incompetent. Participation and Termination of Certain Programs We May Offer: To elect to participate or to terminate participation in any program we may offer, we may require receipt at our Office of a request in Good Order. Reports to You: We provide reports to you. We will provide you with reports at least once annually showing your Account Value and other relevant information about your Annuity. You may request additional reports. We reserve the right to charge up to $50 for each such additional report. Reserved Rights: In addition to rights specifically reserved elsewhere in this Annuity, we reserve the right to perform any or all of the following: (a) combine a Sub-account with other Sub-accounts; (b) combine the Variable Separate Account(s) shown in the Schedule with other "unitized" separate accounts; (c) terminate offering certain Guarantee Periods for new or renewing MVA Options or Fixed Rate Options; (d) combine the MVA Separate Account shown in the Schedule with other "non-unitized" separate accounts; (e) deregister the Variable Separate Account(s) shown in the Schedule under the Investment Company Act of 1940; (f) operate the Variable Separate Account(s) shown in the Schedule as a management investment company under the Investment Company Act of 1940 or in any other form permitted by law; (g) make changes required by any change in the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, or any changes to the Securities and Exchange Commission's interpretation thereof; (h) make changes that are necessary to maintain the tax status of your Annuity, any rider, amendment or endorsement attached hereto or any charge or distribution from your Annuity under the Internal Revenue Code; (i) to establish a provision for federal income taxes if we determine, in our sole discretion, that we will incur a tax as a result of the operation of the Separate Account; and (j) make any changes required by Federal or state laws with respect to annuity contracts. We reserve the right to modify this Annuity without receiving your prior consent, except as may be required by any applicable law, if we are required to make changes necessary to comply with state regulatory requirements, Internal Revenue Service ("IRS") requirements or other federal requirements. We may eliminate Sub-accounts, or substitute one or more new underlying mutual funds or portfolios for the one in which a Sub-account is invested. Substitutions may be necessary if we believe an underlying mutual fund or portfolio no longer suits the purpose of the Annuity. This may happen due to a change in laws or regulations, or a change in the investment objectives or restrictions of an underlying mutual fund or portfolio, or because the underlying mutual fund or portfolio is no longer available for investment, or for some other reason. We would obtain the approval of the Superintendent of Insurance and any other prior approval as required by any applicable law. ANNUITY TABLES The rates in Tables 1 and 2 below are applied to the Account Value to compute the minimum amount of the annuity payment for fixed payout options. Table 1 is used to compute the minimum annuity payment under Option 1 (Payment for a Certain Period Option). Table 2 is used to compute the minimum initial annuity payment under Option 2 (Life Income Annuity Option with 120 Months Certain Period). The rates used in each table are applied per $1,000 of, Account Value, as of the Annuity Date. If there is any remaining contingent deferred sales charge applicable as of the Annuity Date, we may restrict the availability of certain Annuity Payout Options we offer. We used an interest rate of 1.5% per year in preparing Table 1 and an interest rate of 3% per year in preparing Table 2. Table 2 assumes 120 payments certain. The annuity payments in Table 2 are based on the Annuitant's "adjusted age" and sex. The adjusted age is the Annuitant's age as of the Annuitant's last birthday prior to the date on which the first payment is due, adjusted as shown in the "Translation of Adjusted Age" table below. When we computed the amounts shown in Table 2, we used the Annuity 2000 valuation mortality table, with two-year age setbacks and projected mortality improvement factors (modified Scale G) projected from the age at annuitization to the age at which the probability of survival is needed in the calculation of the annuity payment.
- ------------------------------------------------------------------------------------------------------------------- Translation of Adjusted Age - ------------------------------------------------------------------------------------------------------------------- Calendar Year in Which First Calendar Year in Which Payment Is Due Adjusted Age First Payment Is Due Adjusted Age - ------------------------------ ---------------------------- ----------------------------- ------------------------- Prior to 2010 Actual Age 2050 through 2059 Actual Age minus 5 - ------------------------------ ---------------------------- ----------------------------- ------------------------- 2010 through 2019 Actual Age minus 1 2060 through 2069 Actual Age minus 6 - ------------------------------ ---------------------------- ----------------------------- ------------------------- 2020 through 2029 Actual Age minus 2 2070 through 2079 Actual Age minus 7 - ------------------------------ ---------------------------- ----------------------------- ------------------------- 2030 through 2039 Actual Age minus 3 2080 through 2089 Actual Age minus 8 - ------------------------------ ---------------------------- ----------------------------- ------------------------- 2040 through 2049 Actual Age minus 4 2090 through 2099 Actual Age minus 9 - ------------------------------ ---------------------------- ----------------------------- -------------------------
Amount of Monthly Payment For Each $1,000 Applied Option 1 - Payments for a Certain Period
- ------------------------------------------------------------------------------------------------------------------- Table 1 - Fixed Payments for a Certain Period - --------------- ------------ ------------ -------------- --------------- -------------- -------------- ------------ Number of Monthly Number of Monthly Number of Monthly Number of Monthly Years Payment Years Payment Years Payment Years Payment - --------------- ------------ ------------ -------------- --------------- -------------- -------------- ------------ 1 $83.90 8 $11.04 14 $6.59 20 $4.81 - --------------- ------------ ------------ -------------- --------------- -------------- -------------- ------------ 2 42.26 9 9.89 15 6.20 21 4.62 - --------------- ------------ ------------ -------------- --------------- -------------- -------------- ------------ 3 28.39 10 8.96 16 5.85 22 4.44 - --------------- ------------ ------------ -------------- --------------- -------------- -------------- ------------ 4 21.45 11 8.21 17 5.55 23 4.28 - --------------- ------------ ------------ -------------- --------------- -------------- -------------- ------------ 5 17.28 12 7.58 18 5.27 24 4.13 - --------------- ------------ ------------ -------------- --------------- -------------- -------------- ------------ 6 14.51 13 7.05 19 5.03 25 3.99 - --------------- ------------ ------------ -------------- --------------- -------------- -------------- ------------ 7 12.53 - --------------- ------------ ------------ -------------- --------------- -------------- -------------- ------------
Option 2 - Life Income Annuity with 120 Months Certain Period
- ------------------------------------------------------------------------------------------------------------------- Table 2 - Fixed Life Income Annuity with 120 Months Certain Period - ------------------------------------------------------------------------------------------------------------------- Adjusted Adjusted Adjusted Age Male Female Age Male Female Age Male Female - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 41 $3.40 $3.25 61 $4.66 $4.32 81 $7.67 $7.33 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 42 3.44 3.29 62 4.76 4.41 82 7.85 7.53 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 43 3.48 3.32 63 4.87 4.50 83 8.02 7.73 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 44 3.53 3.35 64 4.98 4.60 84 8.18 7.93 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 45 3.57 3.39 65 5.10 4.71 85 8.33 8.12 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 46 3.62 3.43 66 5.23 4.82 86 8.48 8.29 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 47 3.67 3.47 67 5.36 4.94 87 8.62 8.46 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 48 3.72 3.51 68 5.49 5.06 88 8.75 8.61 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 49 3.77 3.56 69 5.64 5.19 89 8.87 8.75 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 50 3.83 3.61 70 5.78 5.33 90 8.98 8.88 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 51 3.88 3.66 71 5.94 5.48 91 9.08 8.99 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 52 3.95 3.71 72 6.10 5.63 92 9.16 9.09 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 53 4.01 3.76 73 6.26 5.79 93 9.24 9.18 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 54 4.08 3.82 74 6.43 5.96 94 9.32 9.26 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 55 4.15 3.88 75 6.60 6.14 95 9.38 9.33 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 56 4.22 3.94 76 6.78 6.33 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 57 4.30 4.01 77 6.95 6.52 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 58 4.38 4.08 78 7.13 6.71 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 59 4.47 4.16 79 7.31 6.92 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 60 4.56 4.24 80 7.49 7.12 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------
(THIS PAGE IS INTENTIONALLY LEFT BLANK) PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY (A Stock Company) 751 BROAD STREET NEWARK, NEW JERSEY 07102 INDIVIDUAL FLEXIBLE PREMIUM DEFERRED VARIABLE ANNUITY NON-PARTICIPATING SUB-ACCOUNTS, FIXED RATE OPTIONS, AND MARKET VALUE ADJUSTED ("MVA") OPTIONS ALL MAY BE MADE AVAILABLE In the Accumulation Period any payments and values provided under the Sub-Accounts may increase or decrease according to their investment performance and are, therefore, not guaranteed. Please refer to the "Account Value in the Sub-Accounts" section for a more complete explanation. In the Accumulation Period any payments and values provided under the MVA Options may be subject to a Market Value Adjustment. Such a Market Value Adjustment may increase or decrease any such payments or values. The Market Value Adjustment applies to full or partial withdrawals, transfers and amounts applied to an annuity payout option. However, such payments made by us on, or within 30 days immediately prior to, the maturity of an MVA Option, and death benefits payable during the Accumulation Period are not subject to a Market Value Adjustment. The MVA liquidity factor may be waived during the Right to Cancel Period. Please refer to the "Account Value of the MVA Options" section for a more complete explanation. Payout options are specified in the Annuity. Other options may be made available.
EX-99.4B 4 d18381_ex4b.txt EXHIBIT 4(b) PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY 751 BROAD STREET NEWARK, NEW JERSEY 07102 (A Stock Company) Please read this contract (the "Annuity") carefully; it is a legal contract between you and Pruco Life Insurance Company of New Jersey. Unless you direct otherwise, we will pay the named Owner(s), on the Annuity Payment Date, the first of a series of annuity payments, the frequency, period, and dollar amounts of which are determined in accordance with the terms and conditions of the annuity option payable, provided that both you and the Annuitant(s) are then living. This Annuity is issued subject to its provisions and in consideration of any Purchase Payments you make and we accept. The provisions of this Annuity will be applied in accordance with the laws of the jurisdiction where the Annuity is delivered or issued for delivery. Unless otherwise noted, all terms and provisions of this Annuity are applicable only during the Accumulation Period. RIGHT TO CANCEL: You may return this Annuity to our Office or to the representative who sold it to you for a refund within ten days after you receive it, or longer if required by applicable law or regulation. It can be mailed or delivered either to us, at our Office, or to the representative who sold it to you. Return of this Annuity by mail is effective on being postmarked, properly addressed and postage prepaid. The amount of the refund will be an amount equal to the sum of (i) the difference between the Purchase Payment(s) received (including any fees or other charges deducted from gross considerations) and the amount(s) allocated to the Fixed Rate Options and Sub-accounts under the Annuity, and (ii) the Account Value as of the Valuation Day the Annuity is returned to us. We recover any Credits upon exercise of the Right to Cancel. After the Right to Cancel period ends, we reserve the right to recapture any unamortized Credit we granted within 12 months of the decedent's death. Signed for Pruco Life Insurance Company of New Jersey: [________________________] [________________________] Secretary President INDIVIDUAL FLEXIBLE PREMIUM DEFERRED VARIABLE ANNUITY NON-PARTICIPATING SUB-ACCOUNTS AND FIXED RATE OPTIONS ALL MAY BE MADE AVAILABLE In the Accumulation Period any payments and values provided under the Sub-Accounts may increase or decrease according to their investment performance and are, therefore, not guaranteed. Please refer to the "Account Value in the Sub-Accounts" section for a more complete explanation. Payout options are specified in the Annuity. Other options may be made available. TABLE OF CONTENTS DEFINITIONS ..................................................................7 RIDERS OR ENDORSEMENTS........................................................9 ALLOCATION OF ACCOUNT VALUE...................................................9 CREDITS .....................................................................10 OPERATION OF THE SEPARATE ACCOUNTS...........................................11 CHARGES .....................................................................12 OWNER RIGHTS AND DESIGNATIONS................................................13 PURCHASE PAYMENTS............................................................14 ACCOUNT VALUE ...............................................................14 ALLOCATION RULES FOR ACCOUNT VALUE...........................................15 MATURITY ....................................................................16 DISTRIBUTIONS ...............................................................17 DEATH BENEFIT ...............................................................18 ANNUITY PAYOUT OPTIONS.......................................................20 GENERAL PROVISIONS...........................................................21 ANNUITY TABLES...............................................................23
SCHEDULE ANNUITY NUMBER: [001-00001] ISSUE DATE: [MARCH 1, 2006] TYPE OF BUSINESS: [NON-QUALIFIED] OWNER: [JOHN DOE] DATE OF BIRTH: [OCTOBER 21, 1970] SEX: [MALE] OWNER: [MARY DOE] DATE OF BIRTH: [OCTOBER 15, 1970] SEX: [FEMALE] ANNUITANT: [JOHN DOE] DATE OF BIRTH: [OCTOBER 21,1970] SEX: [MALE] LATEST AVAILABLE ANNUITY DATE: THE FIRST DAY OF THE CALENDAR MONTH FIRST FOLLOWING THE ANNUITANT'S 95TH BIRTHDAY. THE MAXIMUM ANNUITY AGE IS 95. EARLIEST AVAILABLE ANNUITY DATE: ONE YEAR FROM THE ISSUE DATE, OR ONE YEAR FROM THE DATE ANY NEW ANNUITANT BECOMES THE ANNUITANT. DEFAULT ANNUITY OPTION: IN THE ABSENCE OF AN ELECTION WE RECEIVE IN GOOD ORDER, MONTHLY PAYMENTS WILL COMMENCE UNDER FIXED LIFE INCOME ANNUITY OPTION 2 WITH 120 MONTHS CERTAIN. PURCHASE PAYMENT: $[1,000] [PURCHASE PAYMENT LIMITATION: PURCHASE PAYMENTS WILL BE ACCEPTED UP TO AND INCLUDING [AGE 85] BASED ON THE OLDEST NATURAL OWNER OR THE ANNUITANT IF THE ANNUITY IS OWNED BY AN ENTITY] MINIMUM ADDITIONAL PURCHASE PAYMENT: $[100] MINIMUM ADDITIONAL PURCHASE PAYMENT UNDER AUTOMATIC PURCHASE PLANS: $[50] MINIMUM WITHDRAWAL AMOUNT: $[100] MAXIMUM FREE WITHDRAWAL: [10%] MINIMUM SURRENDER VALUE AFTER WITHDRAWAL: $[1,000] MINIMUM ANNUITY PAYMENT: $20 PER MONTH MAXIMUM NUMBER OF SUB-ACCOUNTS IN WHICH YOU MAY MAINTAIN ACCOUNT VALUE: [NOT APPLICABLE] MINIMUM TRANSFER AMOUNT: $[50. WE RESERVE THE RIGHT TO WAIVE THE MINIMUM TRANSFER AMOUNT.] SCHEDULE (CONTINUED) CONTINGENT DEFERRED SALES CHARGE:
LENGTH OF TIME PERCENTAGE OF PURCHASE SINCE PURCHASE PAYMENT PAYMENTS BEING LIQUIDATED 0-1 year 9.0% 1-2 years 8.5% 2-3 years 8.0% 3-4 years 7.0% 4-5 years 6.0% 5-6 years 5.0% 6-7 years 4.0% 7-8 years 3.0% 8-9 years 2.0% 9 + years 0.0%
CREDITS: WE ADD A CREDIT TO YOUR ANNUITY WITH EACH PURCHASE PAYMENT RECEIVED. IF THE SOLE OWNER OR THE OLDER OF THE OWNER OR CO-OWNER IS AGE [80 OR YOUNGER] AT THE TIME EACH PURCHASE PAYMENT IS RECEIVED, WE WILL ADD A CREDIT EQUAL TO [5.0%] OF THAT PURCHASE PAYMENT. IF THE SOLE OWNER OR THE OLDER OF THE OWNER OR CO-OWNER IS BETWEEN AGES [81 AND 85] AT THE TIME EACH PURCHASE PAYMENT IS RECEIVED, WE WILL ADD A CREDIT EQUAL TO [3.0%] OF THAT PURCHASE PAYMENT. THE MAXIMUM AGE AT WHICH WE ADD A CREDIT IS AGE [85].] IF YOU SELECTED EITHER A B-SHARE OR L-SHARE ANNUITY PRODUCT THAT DID NOT CONTAIN A CREDIT, THE INSURANCE CHARGE AND CONTINGENT DEFERRED SALES CHARGE FOR THAT PRODUCT WOULD BE LOWER, AS SHOWN IN THE FOLLOWING CHART.
- ------------------------------------- ----------------------------------- ----------------------------------- ANNUITY PRODUCT INSURANCE CHARGE CONTINGENT DEFERRED SALES CHARGE - ------------------------------------- ----------------------------------- ----------------------------------- B-SHARE [1.15%] 7%, 6%, 5%, 4%, 3%, 2% 1% - ------------------------------------- ----------------------------------- ----------------------------------- L-SHARE [1.50%] 7%, 6%, 5%, 4% - ------------------------------------- ----------------------------------- -----------------------------------
TRANSFER FEE: $[10 PER TRANSFER AFTER THE TWENTIETH IN ANY ANNUITY YEAR. WE RESERVE THE RIGHT TO: (1) INCREASE THE TRANSFER FEE, BUT IT WILL NOT EXCEED $20 PER TRANSFER AFTER THE TWELFTH IN ANY ANNUITY YEAR AND (2) WAIVE THE TRANSFER FEE IF THE TRANSFER IS MADE IN A MODE ACCEPTABLE TO US.] TRANSFER AMOUNT ALLOWED FROM A FIXED RATE OPTION: [100% OF THE ACCOUNT VALUE OF THE MATURING FIXED RATE OPTION ON ITS MATURITY DATE OR WITHIN 30 DAYS AFTER THE MATURITY DATE.] MAINTENANCE FEE: LESSER OF $30 OR 2% OF ACCOUNT VALUE, BUT ONLY IF THE ACCOUNT VALUE AT THE TIME THE FEE IS DUE IS LESS THAN $[100,000]. WE RESERVE THE RIGHT TO CHANGE THE AMOUNT OVER WHICH WE WILL WAIVE THE MAINTENANCE FEE. INSURANCE CHARGE: [1.55%] [FIXED RATE OPTION: MINIMUM INTEREST CREDITING RATE: [3.0%]
INITIAL ADDITIONAL ONE-YEAR INTEREST CREDITING RATE FOR GUARANTEE PERIODS INITIAL INTEREST RATE THE GUARANTEE PERIOD SHOWN [1 year X% X% 2 years X% X% 3 years X% X% 4 years X% X% 5 years X% X% 6 years X% X% 7 years X% X% 8 years X% X% 9 years X% X% 10 years X% X%]
THE ADDITIONAL INTEREST CREDITING RATE VARIES BASED UPON THE GUARANTEE PERIOD YOU ELECT, BUT IS CREDITED FOR ONE YEAR ONLY, BEGINNING ON THE DATE YOU ALLOCATE A PURCHASE PAYMENT, OR PART OF ONE, TO A FIXED RATE OPTION SCHEDULE (CONTINUED) THE INITIAL INTEREST RATE CREDITED WILL BE [0.15%] LESS THAN THE RATE THAT WOULD BE CREDITED IF THE ANNUITY DID NOT CONTAIN AN INITIAL ADDITIONAL ONE-YEAR INTEREST CREDITING RATE. THIS REDUCTION IN THE INTEREST RATE WILL REMAIN IN EFFECT THROUGHOUT THE ACCUMULATION PERIOD. THE INTEREST RATE WILL NOT BE LESS THAN THE MINIMUM INTEREST CREDITING RATE SHOWN ABOVE. PLEASE NOTE THAT THE GUARANTEE PERIODS AND CORRESPONDING INITIAL INTEREST RATES SHOWN ARE THOSE YOU SELECTED AT THE ISSUE DATE OF THIS ANNUITY. WE MAY OFFER DIFFERENT GUARANTEE PERIODS OF DIFFERENT DURATION AFTER THE ISSUE DATE. THE INITIAL INTEREST RATES SHOWN ARE EFFECTIVE ONLY AS OF THE ISSUE DATE. THE INTEREST RATES FOR NEW FIXED RATE OPTIONS MAY BE CHANGED PERIODICALLY.] VARIABLE SEPARATE ACCOUNT(S): [PRUCO LIFE OF NEW JERSEY FLEXIBLE PREMIUM VARIABLE ANNUITY ACCOUNT] OFFICE: [PRUDENTIAL ANNUITY SERVICE CENTER P.O. BOX 7960 PHILADELPHIA, PA 19176 TOLL-FREE: 1-888-PRU-2888 WEBSITE: WWW.PRUDENTIAL.COM] ------------------ DEFINITIONS Account Value: The value of each allocation to a Sub-account or Fixed Rate Option, prior to the Annuity Date, plus any earnings and/or less any losses, distributions, and charges thereon, before assessment of any applicable contingent deferred sales charge, any applicable tax charges, any charges assessable as a deduction from the Account Value for any optional benefits provided by rider or endorsement and any applicable maintenance fee. Account Value is determined separately for each Sub-account and for each Fixed Rate Option, and then totaled to determine Account Value for your entire Annuity. Accumulation Period: The period of time from the Issue Date through the Valuation Day preceding the Annuity Date. Annuitant(s): Annuity payments are based upon this person's(s') life (lives). Annuity Date: The date on which we apply your Account Value to the applicable annuity option and begin the Payout Period. Annuity Payment Date: The date the first annuity payment is payable. Annuity Years: Continuous 12-month periods commencing on the Issue Date and each anniversary of the Issue Date. Beneficiary(ies): The person(s) or entity(ies) designated as the recipient of the death benefit. Contingent Annuitant(s): The person(s) named to become the Annuitant on the Annuitant's(s') death prior to the Annuity Date. We may limit your right to designate a Contingent Annuitant(s). Please refer to the section "Participation Rights and Designations" for additional information. Current Rates: The interest rates we offer to credit to Fixed Rate Options for the duration of newly beginning Guarantee Periods under this Annuity. Current Rates are contained in a schedule of rates established by us from time to time for the Guarantee Periods then being offered. We may establish different schedules for different classes and for different annuities. Fixed Rate Option(s): An allocation option that is credited a fixed rate of interest for a specified Guarantee Period and is to be supported by assets in our general account. Good Order: Good order is the standard that we apply when we determine whether an instruction is satisfactory. An instruction will be considered in Good Order if it is received (and where applicable, processed) at our Office: (a) in a form that is satisfactory to us such that it is sufficiently complete and clear that we do not need to exercise any discretion to follow such instruction and complies with all relevant laws and regulations; (b) on specific forms, or by other means we then permit (such as via telephone or electronic transmission); and/or (c) with any signatures and dates as we may require. We will notify you if an instruction is not in Good Order. Guarantee Period: A period of time during which we credit a fixed rate of interest on a Fixed Rate Option. Issue Date: The effective date of this Annuity. Maturity Date: The last day in a Guarantee Period. Office: The location shown in the Schedule where all requests and payments regarding this Annuity are to be sent. The Office address may be changed at any time. We will notify you in advance of any change in address. Owner: The person or entity shown as Owner in the Schedule unless later changed. Payout Period: The period starting on the Annuity Date during which annuity payments are due. Purchase Payment: A cash consideration in currency of the United States of America given to us in exchange for the rights, privileges and benefits outlined in this Annuity. Spouse: An individual whom we believe would be recognized as a Spouse under federal law. Sub-account: A division of the Variable Separate Account(s) shown in the Schedule. Surrender Value: The Account Value less any applicable contingent deferred sales charge, any applicable tax charges, any charges assessable as a deduction from the Account Value for any optional benefits provided by rider or endorsement and any applicable maintenance fee. Unit: A measure used to calculate your Account Value in a Sub-account prior to the Annuity Date. Unit Price: Unit Price is used for calculating (a) the number of Units allocated to a Sub-account, and (b) the value of transactions into or out of a Sub-account or benefits based on Account Value in a Sub-account prior to the Annuity Date. Each Sub-account has its own Unit Price which will vary each Valuation Period to reflect the investment experience of that Sub-account. Valuation Day: Every day the New York Stock Exchange is open for trading or any other day that the Securities and Exchange Commission requires mutual funds or unit investment trusts to be valued. Valuation Period: The period of time between the close of business of the New York Stock Exchange on successive Valuation Days. Variable Separate Account(s): The variable separate account(s) shown in the Schedule used in relation to Sub-accounts. we, us, our: Pruco Life Insurance Company of New Jersey. you, your: The Owner(s) shown in the Schedule. RIDERS OR ENDORSEMENTS One or more riders or endorsements may be attached and made part of your Annuity. Such riders or endorsements may contain additional or different provisions which may amend or replace the provisions in your Annuity. Such riders or endorsements may also contain provisions applicable to an optional benefit program you have elected. Such programs may impact certain provisions of this Annuity, including, but not limited to, surrenders, withdrawals, transfers, spousal continuation, and the death benefit. Charges may also apply for any optional benefit provided by rider or endorsement. Pursuant to our rules, you may elect one or more optional benefits we may make available. A schedule supplement may also contain additional fields specific to any optional benefit you have elected. Please refer to any applicable rider, endorsement and their respective schedule supplements for details regarding the impact on any provisions in this Annuity. ALLOCATION OF ACCOUNT VALUE General: You may maintain Account Value among a number of options, subject to the limits set out in this Annuity. You may transfer Account Value between such options, subject to our allocation and transfer rules. Your transfer request must be received by us in Good Order. Transfers may be subject to a fee. Sub-Account Options: We offer a number of Sub-accounts as variable allocation options. These are all Sub-accounts of the Variable Separate Account(s) shown in the Schedule. Fixed Rate Options: We may offer multiple Fixed Rate Options of different durations. The duration applicable to a Fixed Rate Option is the Guarantee Period. Each Fixed Rate Option earns a fixed rate of interest throughout its Guarantee Period. Subject to our allocation rules, we allow you to invest in multiple Fixed Rate Options; however, we reserve the right to limit the percentage of your Account Value allocated to the Fixed Rate Options, or to require your participation in a program. To the extent permitted by law, we reserve the right at any time to offer Fixed Rate Options with Guarantee Periods that differ from those which were available when your Annuity was issued. We also reserve the right at any time upon maturity of a Guarantee Period for a particular Fixed Rate Option to stop, limit, or restrict the availability of certain Guarantee Periods that we made or may make available. The Guarantee Period for a Fixed Rate Option begins: (a) when all or part of a Purchase Payment is allocated to that particular Fixed Rate Option; (b) upon transfer of any of your Account Value to a Fixed Rate Option, having a particular Guarantee Period; or (c) upon renewal of such Fixed Rate Option as described in the Maturity provision. The Guarantee Period ends upon the Maturity Date of the Fixed Rate Option. We reserve the right to limit access to certain Fixed Rate Options if the Maturity Date of such options is after the Latest Available Annuity Date. We may offer certain Fixed Rate Options only in connection with certain uses of the Annuity or in connection with certain programs for allocation of your Account Value. Also, we may offer multiple Fixed Rate Options of equal duration, but limit access to certain of these Fixed Rate Options depending on uses of the Annuity or based upon your participation in certain programs for allocation of your Account Value. We may offer differing Current Rates for the various Fixed Rate Options we make available as compared to other Fixed Rate Options of the same duration we also make available. Interest Rate: We declare the rates of interest applicable for the various Fixed Rate Options offered. Declared rates are the Current Rates and are expressed in terms of effective annual rates of interest. The rate of interest applicable to a Fixed Rate Option, for the class of contracts to which this Annuity belongs, is the Current Rate in effect when funds are allocated to a Fixed Rate Option for any particular Guarantee Period. The rate offered for Fixed Rate Options Options may differ. The rate is guaranteed throughout the Guarantee Period. Interest rates are determined by us. We inform you of the interest rate for a Fixed Rate Option, as well as its Maturity Date, when we confirm the allocation. We declare interest rates for new Fixed Rate Options from time to time. The initial interest rate for any Fixed Rate Option elected on the Issue Date is shown in the Schedule. This initial interest rate for a Fixed Rate Option is only available on the Issue Date. Interest rates are determined in accordance with any regulatory requirements. We will credit interest to the portion of the Purchase Payment, if any, allocated to the Fixed Rate Option at the daily equivalent of these rates. We may offer an Additional Interest Crediting Rate when you allocate all or part of a Purchase Payment to a Fixed Rate Option. Any Initial Additional Interest Crediting Rate we are crediting to a Fixed Rate Option(s) elected on the Issue Date is shown in the Schedule. We will credit interest at the daily equivalent of this rate. An Additional Interest Crediting Rate will not apply to amounts transferred to a Fixed Rate Option from any other allocation option or Fixed Rate Option to which you currently have allocated Account Value. The Additional Interest Crediting Rate is in addition to any other rate of interest we may credit to an allocation to a Fixed Rate Option. The Additional Interest Crediting Rate is credited for one year only, beginning on the date you allocate a Purchase Payment, or part of one, to a Fixed Rate Option. We will cease to credit the Additional Interest Crediting Rate at the end of one year, as measured from the date we first began crediting such amounts, even if the Fixed Rate Option's Guaranteed Period is longer than one year. We may declare Additional Interest Crediting Rates from time to time. We will inform you of any Additional Interest Crediting Rate applicable to a subsequent Purchase Payment allocated to a Fixed Rate Option when we confirm the allocation. With the exception of the Additional Interest Crediting Rate, the interest rates we credit are subject to a minimum. We may declare a higher rate. The Fixed Rate Option Minimum Interest Crediting Rate is described in the Schedule. The Additional Interest Crediting Rate is not subject to a minimum. CREDITS We add a Credit to your Annuity with each Purchase Payment received. Each Credit is allocated to Account Value when the applicable Purchase Payment is applied to your Account Value. Credits are applied pro-rata to the allocation options in the same ratio as the applicable Purchase Payment. The amount of the Credit and any limits are shown in the Schedule. We reduce the amount available as a death benefit, other than the minimum death benefit provided by this Annuity, by any Credits applied within 12 months of the decedent's date of death. However, we may reduce the amount of any benefit provided by rider or endorsement by any Credit in accordance with the terms of such rider or endorsement. If you exercise your right to cancel this Annuity under the Right to Cancel provision, the amount payable is reduced by any Credit applied. OPERATION OF THE SEPARATE ACCOUNT(S) General: The assets supporting our obligations under the Annuities may be held in various accounts, depending on the obligation being supported. Assets supporting obligations based on the Fixed Rate Option are held in our general account. Assets supporting obligations based on Account Values invested in the Sub-Accounts are held in separate accounts established under the laws of the State of New Jersey. Separate Accounts: We are the legal Owner of assets in the separate accounts. Income, gains and losses, whether or not realized, from assets allocated to these separate accounts, are credited to or charged against each such separate account in accordance with the terms of the annuities supported by such assets without regard to our other income, gains or losses or to the income, gains or losses in any other of our separate accounts. We will maintain assets in each separate account with a total market value at least equal to the reserve and other liabilities we must maintain in relation to the annuity obligations supported by such assets. These assets may only be charged with liabilities which arise from such annuities, and will not be charged with liabilities arising out of any other business we may conduct. Variable Separate Account(s): The assets supporting obligations based on allocations to the variable allocation options are held in Sub-accounts in the Variable Separate Account(s) shown in the Schedule. The separate account(s) consists of multiple Sub-accounts. The Variable Separate Account(s) was established by us pursuant to New Jersey law. The separate account(s) also holds assets of other annuities issued by us with values and benefits that vary according to the investment performance of the Variable Separate Account(s). The amount of our obligations in relation to allocations to the Variable Separate Accounts are based on the investment performance of the Sub-accounts. However, the guarantees provided under the Annuity are our general corporate obligations. The value of the shares held by the Sub-accounts in the variable allocation options will be based on the net asset value of the variable allocation option on each Valuation Day. The Variable Separate Account(s) is registered with the Securities and Exchange Commission ("SEC") under the Investment Company Act of 1940 (the "1940 Act") as a unit investment trust, which is a type of investment company. This does not involve any supervision by the SEC of the investment policies, management or practices of the Variable Separate Account(s). The operation of the Variable Separate Account is subject to the laws of the jurisdiction in which the Annuity is delivered. Sub-accounts may invest in underlying mutual funds or portfolios. We reserve the right to change the investment policy of any or all Sub-accounts, add Sub-accounts, eliminate Sub-accounts, combine Sub-accounts, limit access to a Sub-account or to substitute underlying mutual funds or portfolios of underlying mutual funds, subject to any required regulatory approvals. Please refer to the provision entitled "Reserved Rights" for additional information. Values and benefits based on allocations to the Sub-accounts will vary with the investment performance of the underlying mutual funds or fund portfolios, as applicable. We do not guarantee the investment results of any Sub-account. We reserve the right to transfer assets of the Variable Separate Account(s), which we determine to be associated with the class of contracts to which this Annuity belongs, to another Variable Separate Account(s). If this type of transfer is made, the term "Variable Separate Account(s)" as used in this Annuity, shall mean the Variable Separate Account(s) to which the assets were transferred. We will obtain prior approval from the Superintendent of Insurance, as well as any other required approvals before making such transfer of assets. CHARGES General: The charges which are or may be assessed against your Annuity are the contingent deferred sales charge, the maintenance fee, tax charges, and a transfer fee. The insurance charge is assessed against the Sub-accounts of the Variable Separate Account(s). Contingent Deferred Sales Charge: The contingent deferred sales charge for each Purchase Payment is a percentage of the Purchase Payment being liquidated. The charge decreases as the Purchase Payment ages. The aging of a Purchase Payment is measured from the date it is allocated to your Annuity. The charge is shown in the Schedule in the section entitled "Contingent Deferred Sales Charge." The charge is allocated among the allocation options in the same proportion as the withdrawal upon which it is assessed. Maintenance Fee: This is an annual fee deducted at the end of each Annuity Year or on surrender, if earlier. The amount of this charge is shown in the Schedule. The fee is determined based upon your entire Account Value. We will waive all or a portion of this fee if we are required by law or regulation to meet any minimum nonforfeiture requirements. As of the Valuation Day the maintenance fee is due, the fee is assessed proportionately against the Account Value of all investment options to which your Account Value is allocated. If a total withdrawal is made on other than an anniversary of the Issue Date, we determine your Account Value and make a deduction for the maintenance fee the same as though it were due on an Annuity Year. Tax Charges: The Annuity includes a charge generally intended to approximate any applicable premium tax, retaliatory tax and other taxes imposed on us. (Currently, the State of New York does not impose a premium tax.) In some cases the tax charges may be more and in some cases less than the actual amount of taxes we are required to pay with respect to a particular Annuity. We may, in our discretion, pay these taxes when due and deduct the tax charges from the Account Value at a later date. Transfer Fee: The transfer fee is as shown in the Schedule. The fee is deducted immediately subsequent to a transfer and is taken pro-rata from all Sub-accounts in which you maintain Account Value as of the Valuation Day for which we price the applicable transfer. The fee is only charged if there is Account Value in at least one Sub-account immediately subsequent to such transfer. Transfers of Account Value from a Fixed Rate Option on its Maturity Date or within thirty days thereafter, are not subject to the transfer fee and are not counted in determining whether other transfers may be subject to the transfer fee. We reserve the right to reduce the transfer fee if the transfer is made electronically or through another mode we make available. Insurance Charge: We deduct this charge daily against the assets allocated to the Sub-accounts during the period(s) shown and at the levels indicated in the Schedule. The charge is deducted based upon the Annuity's Account Value in the Variable Separate Account. Any increases or decreases in such Account Value based on market fluctuations of the Sub-accounts will affect the charge. Therefore, a portion of the proceeds that we receive from the charge may include amounts based on market appreciation of the Sub-account values. OWNER RIGHTS AND DESIGNATIONS You may exercise the rights, options and privileges granted in this Annuity or permitted by us. Your rights to make future changes under this Annuity terminate as of the date we receive notice of death. No rights of survivorship are provided except as provided herein. You make certain designations that apply to the Annuity. These designations are subject to our rules and to various regulatory or statutory requirements depending on the use of the Annuity. These designations include an Owner(s), an Annuitant(s), a Contingent Annuitant(s), a Beneficiary(ies), and a contingent Beneficiary(ies). Certain designations are required, as indicated below. An Owner must be named. You may name more than one Owner; however, we reserve the right to limit the number of Owners. If you name more than one Owner, all rights reserved to Owners are then held equally by all co-Owners. However, if the Owners each provide us with instruction that we find acceptable, we will permit an Owner to act independently on behalf of the co-Owners. We require the consent in Good Order of all co-Owners and any other party with current vested rights for any transaction for which we require the written consent of Owners. We will send all communications to the address of the first named Owner. You must name an Annuitant. We do not accept a designation of joint Annuitants. If the Annuitant is not an Owner and the Annuitant predeceases any Owner who is a natural person: (a) The Owner becomes the Annuitant if no Contingent Annuitant was designated; and (b) If there are multiple Owners who are natural persons, the oldest of such Owners becomes the Annuitant if no Contingent Annuitant was designated, subject to our age requirements. Where allowed by law, you may name one or more Contingent Annuitant(s). You may not name a Contingent Annuitant without our prior approval. If the Annuitant is not an Owner and the Annuitant dies before the Annuity Date, the Contingent Annuitant will become the Annuitant. If there is a change of the Annuitant, the Annuity Date will be based on the age of the new Annuitant; however, the new Annuity Date must: (a) be on or after the earliest available Annuity Date, reset for the new Annuitant; and (b) must be consistent with applicable laws and regulations at the time. Death benefits are payable to the Beneficiary. You may designate more than one primary or contingent Beneficiary. If you make such a designation, the proceeds are payable in equal shares to the survivors in the appropriate Beneficiary class, unless you request otherwise in Good Order. Unless otherwise required by law, if the primary Beneficiary(ies) dies before death proceeds become payable, the proceeds will become payable to the contingent Beneficiary. If no Beneficiary is alive when death proceeds become payable, or in the absence of any Beneficiary designation, the proceeds will vest in any surviving Owner. If there is no surviving Owner, the proceeds will vest in your estate. For these purposes, the term "surviving Owner" includes any Owner that is or is not a natural person. Changing Designations: You may request to change the Owner, Annuitant, Contingent Annuitant, Beneficiary and contingent Beneficiary designations by sending us a request in Good Order. Such changes will be effective on the date the change request form is signed, provided we receive such request in Good Order. Some of the changes we may not accept include, but are not limited to: (a) a new Owner subsequent to the death of the Owner or the first of any co-Owners to die, except where a Spouse-Beneficiary has become the Owner as a result of an Owner's death; (b) a new Annuitant subsequent to the Annuity Date if the annuity option selected includes a life contingency; and (c) a new Annuitant prior to the Annuity Date if the Owner is not a natural person. Common Disaster: If an Owner is a natural person and if any Beneficiary dies with the Owner in a common disaster, it must be proved to our satisfaction that the Owner died first. When there is insufficient evidence to determine the order of death, then, unless prohibited by law, we will deem the Owner to be the last survivor and pay the proceeds to any remaining Beneficiary, or if none, to any remaining contingent Beneficiary, or if none, to the Owner's estate. Unless information provided indicates otherwise, the Annuity is treated as though the Beneficiary died first. If: (a) the Owner is not a natural person; (b) no Contingent Annuitant has been designated; and (c) the Annuitant and the Beneficiary die in a common disaster, then it must be proved to our satisfaction that the Annuitant died first. Unless prohibited by law, when there is insufficient evidence to determine the order of death, we will deem the Annuitant to be the last survivor and pay the proceeds to any remaining Beneficiary, or if none, to any remaining contingent Beneficiary, or if none, to the Owner. PURCHASE PAYMENTS Initial Purchase Payment: Issuance of an Annuity represents our acceptance of an initial Purchase Payment. The amount of your initial Purchase Payment evidenced by this Annuity is shown in the Schedule. Amounts of Purchase Payments are allocated to the allocation options according to your instructions. Additional Purchase Payments: Any Purchase Payment limitation and the minimum for any additional Purchase Payment are as shown in the Schedule. We reserve the right to limit or reject certain Purchase Payments. Subject to the "Allocation Rules" herein, unless you otherwise instruct us, any additional Purchase Payments will be allocated among the allocation options according to your most recent allocation instructions. If an allocation option is no longer available, we reserve the right to allocate that portion to the money market allocation option. ACCOUNT VALUE Account Value in the Sub-accounts: We determine your Account Value separately for each Sub-account. To determine the Account Value in each Sub-account, we multiply the Unit Price as of the Valuation Period for which the calculation is being made times the number of Units attributable to your Annuity in that Sub-account as of that Valuation Period. Units: The number of Units attributable to this Annuity in a Sub-account is the number of Units you purchased less the number of Units liquidated. We determine the number of Units involved in any transaction specified in dollars by dividing the dollar value of the transaction by the Unit Price of the affected Sub-account as of the Valuation Period applicable to such transaction. Unit Price: The Unit Price for each Sub-account is the net investment factor for that period, multiplied by the Unit Price for the immediately preceding Valuation Period. The Unit Price for a Valuation Period applies to each day in the period. Net Investment Factor: Each Sub-account has a net investment factor. The net investment factor is an index that measures the investment performance of, and charges assessed against, a Sub-account from one Valuation Period to the next. The net investment factor for a Valuation Period is (a) divided by (b), less (c), where: (d) is the net result of: (1) the net asset value per share of the underlying mutual fund shares held by that Sub-account at the end of the current Valuation Period plus the per share amount of any dividend or capital gain distribution declared and unpaid (accrued) by the underlying mutual fund, plus or minus (2) any per share charge or credit during the Valuation Period as a provision for taxes attributable to the operation or maintenance of that Sub-account. (e) is the net result of: (1) the net asset value per share of the underlying mutual fund shares held by that Sub-account at the end of the preceding Valuation Period plus the per share amount of any dividend or capital gain distribution declared and unpaid (accrued) by the underlying mutual fund, plus or minus (2) any per share charge or credit during the preceding Valuation Period as a provision for taxes attributable to the operation or maintenance of the Sub-account. (f) is the insurance charge. We value the assets in the Sub-accounts at their fair market value in accordance with accepted accounting practices and applicable laws and regulations. The net investment factor may be greater than, equal to, or less than one. Account Value of the Fixed Rate Options: The duration of each Fixed Rate Option is its Guarantee Period. We will credit interest to any amounts allocated to the Fixed Rate Options at the daily equivalent of the declared rates. We value each allocation to a Fixed Rate Option separately. The Account Value of each Fixed Rate Option is the amount allocated to it at the start of its Guarantee Period plus the interest credited during its Guarantee Period less any withdrawals and less any charges assessed. ALLOCATION RULES FOR ACCOUNT VALUE You may allocate your Account Value among the allocation options we make available. The Variable Separate Account(s) consists of multiple Sub-accounts. You may maintain Account Value up to the maximum number of Sub-accounts shown in the Schedule. We reserve the right to limit the availability of allocation options to additional Purchase Payments or transfers. You may also maintain an unlimited number of Fixed Rate Options; however, we reserve the right to limit the amount you may allocate to any Fixed Rate Option. Should you request a transaction that would leave less than any minimum amount we then require in an allocation option, we reserve the right, to the extent permitted by law, to add the balance of your Account Value in the applicable Sub-account or Fixed Rate Option to the transaction and close out your balance in that allocation option. Transfer Restrictions: We reserve the right to require two business days prior to any transfer into or out of a Fixed Rate Option if the amount transferred exceeds $500,000. Where permitted by law, we may accept your authorization of a third party to transfer Account Values on your behalf. We may suspend or cancel such acceptance at any time. We may restrict the allocation options that will be available to you for transfers or allocations of Purchase Payments during any period in which you authorize such third party to act on your behalf. We give the third party you authorize prior notification of any such restrictions. However, we will not enforce such a restriction if we are provided evidence satisfactory to us that: (a) such third party has been appointed by a court of competent jurisdiction to act on your behalf; or (b) such third party has been appointed by you to act on your behalf for all your financial affairs. We reserve the right to not accept a transfer request of a third party acting under a power of attorney on behalf of more than one Owner. We reserve the right to limit the number of transfers in any Annuity Year for all existing or new Owners in order to preserve the tax status of your Annuity. In addition, in light of the risks that frequent transfers impose upon Owners and other investors in the Variable Separate Account(s) and/or mutual fund portfolios that serve as funding vehicles for the Sub-accounts, we reserve the right to limit transfer activity and impose other requirements or charges to minimize these risks, including but not limited to, requiring a minimum time period between each transfer, limiting the number of transfers in any Annuity Year or refusing any transfer request for an Owner or certain Owners. Please refer to the provision entitled "Maturity" for information on transfers pertaining to a Fixed Rate Option. Withdrawals: Withdrawals of any type are taken proportionally from the Sub-accounts and Fixed Rate Options, based on the then current Account Values in such allocation options unless we receive other instructions from you prior to such withdrawal. For purposes of calculating the applicable proportion, the Account Value in all your Fixed Rate Options is deemed to be in one allocation option. If you withdraw Account Value from multiple Fixed Rate Options and do not provide instructions indicating the Fixed Rate Options from which Account Value should be taken, then: (a) we take Account Value first from the Fixed Rate Option with the shortest amount of time remaining to the end of its Guarantee Period, and then from the Fixed Rate Option with the next shortest amount of time remaining to the end of its Guarantee Period, etc.; and (b) if there are multiple Fixed Rate Options with the same amount of time left in each Guarantee Period, then amongst such Fixed Rate Options we first take Account Value from the Fixed Rate Option that has the shortest Guarantee Period. If multiple Fixed Rate Options of equal Guarantee Periods have the same amount of time left to the end of such Guarantee Periods, we withdraw amounts proportionately from those Fixed Rate Options based on the then current Account Value. MATURITY General: A Fixed Rate Option ends on its Maturity Date at the end of the Guarantee Period. You may elect to start a new Fixed Rate Option for a Guarantee Period of equal duration, if we are then making that duration available. Transfers from the Fixed Rate Option follow the same order of liquidation as described above in the provision entitled "Withdrawals." Maturity Date of a Fixed Rate Option: Only on the Maturity Date of a Fixed Rate Option and within 30 days immediately after the Maturity Date, may you elect to transfer a portion of the Fixed Rate Option's Account Value into subsequent allocation options we make available on that date, subject to the percentage restriction indicated in the Schedule. However, we reserve the right to permit transfers on other than a Maturity Date and the thirty-day period thereafter. Transfers out of a Fixed Rate Option may not exceed the amount indicated in the Schedule. We reserve the right to change the transfer amount permitted from a Fixed Rate Option. Unless you indicate otherwise, at the end of the 30-day period we will transfer the entire amount to another Fixed Rate Option of equal duration. We will apply the interest rate in effect on the date of the transfer to the new Fixed Rate Option. If, at the end of the 30-day period, we no longer make available Fixed Rate Options of equal duration, we will transfer the entire amount to a Fixed Rate Option with the next shortest duration we make available. If we do not make a shorter Fixed Rate Option available, we will transfer the entire amount to the money market allocation option. If, during the 30-day period, you elect to transfer either a percentage or the full amount to a Fixed Rate Option, we will apply the interest rate in effect on the date of the transfer to the new Fixed Rate Option. DISTRIBUTIONS General: We may require that you submit a request in Good Order to our Office for any withdrawal or surrender. We may also require that you send your Annuity to our Office as part of any surrender request. We price any distribution on the date we receive all materials in Good Order. Surrender: Surrender of your Annuity for its Surrender Value is permitted. Free Withdrawals: Each Annuity Year you may withdraw a limited amount of Account Value without application of any applicable contingent deferred sales charge. The minimum withdrawal amount and the minimum Surrender Value after a withdrawal are shown in the Schedule. If you do not make a free withdrawal during an Annuity Year, you are not permitted to carry over the free withdrawal amount to a subsequent Annuity Year. The maximum percentage available each Annuity Year as a free withdrawal is shown in the Schedule. The percentage is applied to the total amount of "New" Purchase Payments to determine the maximum free withdrawal amount. "New" Purchase Payments are those received that are still subject to a contingent deferred sales charge. The contingent deferred sales charge may apply to withdrawals exceeding the maximum free withdrawal amount. Amounts withdrawn as free withdrawals are not treated as a withdrawal of Purchase Payments for purposes of calculating the free withdrawal amount and the calculation of any applicable contingent deferred sales charges. If no contingent deferred sales charge would apply to withdrawal of any Purchase Payments, you may withdraw all or a portion of your Surrender Value without application of any contingent deferred sales charge, subject to the minimum withdrawal amount and subject to the minimum Surrender Value after a withdrawal, as shown in the Schedule. Partial Withdrawals: You may withdraw part of your Surrender Value. The minimum partial withdrawal is as shown in the Schedule. The Surrender Value that must remain in the Annuity as of the date of this transaction is as shown in the Schedule. If the amount of the partial withdrawal request exceeds the maximum amount available, we reserve the right to treat your request as one for a full surrender. On a partial withdrawal, the contingent deferred sales charge is assessed against any "unliquidated" "new" Purchase Payments withdrawn. "Unliquidated" means not previously withdrawn. For these purposes, amounts are deemed to be withdrawn from your Annuity in the following order: (1) From any amount then available as a free withdrawal; then from (2) "Old" Purchase Payments are those to which any contingent deferred sales charge no longer applies prior to the withdrawal; then from (3) "New" Purchase Payments (If there are multiple "new" Purchase Payments, the one received earliest is liquidated first, then the one received next earliest, and so forth); then from (4) Other Surrender Value. DEATH BENEFIT The person upon whose death the death benefit is payable is referred to below as the "decedent." A death benefit is payable only if your Account Value is greater than zero. We pay death benefit claims upon receipt of due proof of death of the relevant decedent, and other documentation we require, in Good Order. If the Owner is a natural person, the Owner is the decedent upon his or her death. If there is more than one Owner, each being a natural person, the first of such Owners to die is the decedent upon his or her death. If the Owner is not a natural person, and there is no Contingent Annuitant, then the Annuitant is the decedent and the death benefit is payable upon the Annuitant's death. If the Owner is not a natural person and we have permitted the naming of a Contingent Annuitant, and assuming that the Contingent Annuitant was designated before the Annuitant's death and the Annuitant dies, then the Annuity continues, no death benefit is payable, and the Contingent Annuitant then becomes the Annuitant. For purposes of this death benefit provision, "withdrawals" means withdrawals of any type (including free withdrawals and partial withdrawals) without consideration of any contingent deferred sales charge. The death benefit is as follows, and is subject to items(1) and (2) below: (1) The death benefit is the greater of (a) and (b), where: (a) is your Account Value less the amount of any Credits applied within 12 months of the decedent's date of death; and (b) is the minimum death benefit ("Minimum Death Benefit"). The Minimum Death Benefit is the sum of all Purchase Payments less the impact of withdrawals as a result of a "proportional reduction." A proportional reduction is a reduction caused by each withdrawal. The proportion applied equals the ratio of the amount of the applicable withdrawal to the Account Value as of the date of the withdrawal but immediately prior to the withdrawal. (2) If a decedent was not named an Owner or Annuitant as of the Issue Date and did not become such as a result of a prior Owner's or Annuitant's death, the Minimum Death Benefit is suspended as to that person for a two-year period from the date he or she first became an Owner or Annuitant. After the suspension period is completed, the death benefit is the same as if such person had been an Owner or Annuitant on the Issue Date. During the suspension period, the death benefit is your Account Value, less the amount of any Credits, applied within 12 months of the decedent's date of death. For purposes of this provision, persons named Owner or Annuitant within 60 days of the Issue Date are treated as if they were an Owner or Annuitant on the Issue Date. The amount of the death benefit is determined as of the date we receive due proof of death in Good Order. As of that date we transfer all amounts due each Beneficiary to the money market allocation option unless we have all instructions required to pay the amount due. We shall pay interest not less than that required by state law on the death benefit from the date we receive due proof to the date of settlement. In order to pay a Beneficiary the amount due, we require: (a) all representations we require or which are mandated by applicable law or regulation in relation to the death claim and the payment of death proceeds; and (b) any applicable election of the mode of payment of the death benefit. In the event of death before the annuity starting date, the benefit must be distributed within: (a) five years of the date of death of the decedent; or (b) as to each Beneficiary, over a period not extending beyond the life expectancy of the Beneficiary or over the life of the Beneficiary. The annuity starting date means the later of the date the obligation to make annuity payments under the Annuity becomes fixed or the first day of the period (whether annual, monthly, or otherwise) that ends on the date of the first annuity payment. Except as noted below in the spousal continuation provision, we assume that the death benefit is to be paid out under (a), above, unless we receive a different election. The Owner may elect the method of payment to each Beneficiary, subject to our then current rules, prior to the date of death of the decedent. When no such election is made as to a specific Beneficiary, such Beneficiary must elect the method of payment within 60 days of the date we receive all required documentation in Good Order in order to pay the death benefit to that Beneficiary. If no election is made within 60 days, the default will be distribution within five years of the date of death of the decedent as noted in (a) above. In addition, distribution after a decedent's death to be paid over the life expectancy or over the life of the Beneficiary under (b), above, must commence within one year of the date of death. In the event of death on or after the annuity starting date (as defined above), we distribute any payments due subsequent to an Owner's death at least as rapidly as under the method of distribution in effect as of the date of such Owner's death. Spousal Continuation: We allow the Spouse to continue the Annuity subsequent to a death, subject to our rules and subject to our receipt of due proof of death in Good Order. The situations where the Annuity may continue subsequent to a death will be determined by us. For example, these situations may include when on the date we receive due proof of the Owner's or co-Owner's death: (a) there is only one Owner of the Annuity and there is only one Beneficiary who is the Owner's Spouse, or (c) there is an Owner and co-Owner who are married at the date of death of the decedent, and the surviving Owner is the primary Beneficiary under the Annuity. If we determine to permit continuation by a surviving Spouse of the proportion of the Annuity equal to such Spouse's proportion of the death proceeds, then all references in this section referring to continuing the Annuity refer only to that applicable portion of the Annuity. If the Annuity has not reached the Annuity Date on the date we receive everything we require to pay the surviving Spouse's death claim, we assume the election by the surviving Spouse of continuation of the Annuity unless otherwise notified. If the surviving Spouse has reached the Latest Annuity Date, a new Annuitant must be named. Spousal Continuation may only occur once. Upon activation of Spousal Continuation, Account Value is adjusted to equal the amount of the lump sum death benefit to which the surviving Spouse would have been entitled. If the adjustment requires the addition of any amount, such amount will be added to the Account Value in the money market allocation option. Upon continuation of the Annuity by the Spouse or at the time of any subsequent surrender, we reserve the right to recover any Credits applied within 12 months of the decedent's date of death. If a surviving Spouse continues the Annuity, we calculate the Minimum Death Benefit after the date we receive due proof of the Spouse's death: (c) using the Account Value, including any increase, as of the date the death benefit would have otherwise been payable as if it were a Purchase Payment; and (d) we ignore all Purchase Payments, withdrawals and values applicable to such death benefit that occurred before such date. ANNUITY PAYOUT OPTIONS General: This Annuity provides for payments under one of the Annuity Payout Options described below. Any other available Annuity Payout Options in addition to those shown may be selected with our consent. You will be the payee of the options made available, unless we receive other instructions in Good Order. You may elect to have any amount of the proceeds due to a Beneficiary applied under any of the options described below or any other options we then make available. If you made such election, a Beneficiary may not alter such election. However, if you have not previously made such election, a Beneficiary may make such an election as to the proceeds due that Beneficiary. Annuity benefits at their commencement will not be less than those that would be provided by the application of "an amount" to purchase any single consideration immediate annuity we offer at the same time to the same class of annuitants. "An amount" is defined as the greater of the Surrender Value or 95% of what the Surrender Value would be if there were no contingent deferred sales charge. Annuity payments can be guaranteed for a certain period or for a certain period and life. You may choose an Annuity Date, an annuity option and the frequency of annuity payments. Your choice of Annuity Date and annuity option may be limited depending on your use of the Annuity. The Earliest Available Annuity Date and Latest Available Annuity Date as of the Issue Date are shown in the Schedule. You may change your choices at any time up to thirty days before any Annuity Date you selected. We must receive your request in Good Order. If there is any remaining contingent deferred sales charge applicable as of the Annuity Date, we may restrict the availability of certain options we offer. In the Payout Period, subsequent to the death of the Annuitant, we continue to pay any "certain" payments (payments not contingent on the continuance of any life) to the named payee or, if applicable, any named successor payee. The Beneficiary designation during the Accumulation Period is not applicable to the Payout Period unless you have indicated otherwise, or we determine that continuance of a designation is required by law. If, at the time this Annuity reaches the Payout Period and the Surrender Value is less than $2,000, or would provide an initial payment amount of less than the Minimum Annuity Payment shown in the Schedule, we reserve the right to pay you the Account Value in one lump sum in full satisfaction of our obligations under this Annuity. For purposes of the annuity options described below, the term "measuring life" means the person or persons upon whose life any payments dependent upon the continuation of life are based. c) Option 1 - Payments for a Certain Period: Under this option, payments are made periodically for a specified number of years. The number of years is subject to our then current rules. d) Option 2 - Life Income Annuity: Under this option, payments are made for as long as the Annuitant lives, with payments certain for 120 months. We may make other modal payment durations available. We reserve the right to require evidence satisfactory to us of the age of any "measuring life" upon whose life payment amounts are calculated prior to commencement of any annuity payments. Default Annuity Option: In the absence of an election we receive in Good Order, we will apply the Default Annuity Option shown in the Schedule. Fixed Annuity Payments: Fixed annuity payments under Option 1 or 2 above do not fluctuate. Interest at a rate not less than that shown in the Annuity Tables provision is applied from the Annuity Date to the Annuity Payment Date, and the payment amount will be determined based on the annuity rates for the annuity option and frequency of payment selected. The annuity rates per $1,000 of value for Monthly Fixed Annuity Payments under Options 1 and 2 above will not be less than those shown in the Annuity Tables. GENERAL PROVISIONS Entire Contract: This Annuity, including any riders, endorsements, schedule supplements, and amendments that are made part of this Annuity are the entire contract. This Annuity may be changed or modified only in a writing signed by our President, a Vice President, or Secretary. We are not bound by any promises or representations made by or to any other person. Incontestability: We will not contest this Annuity. Any statements made in applying for the Annuity are considered representations, not warranties. Values and Benefits: Any Surrender Value or death benefit provided under this Annuity is not less than that required by the laws of the state in which this Annuity is delivered. Misstatement of Age or Sex: If there has been a misstatement of the age and/or sex of any person upon whose life any amounts we are obligated to determine in order to make any payment, including charges and annuity payments, the minimum death benefit or any increase to Account Value under the Spousal Continuation provision, we will adjust such amounts to conform to that for the correct age and/or sex. As to annuity payments: (a) any underpayments by us will be remedied on the next payment following correction with interest at a rate not more than 6%; and (b) any overpayments by us will be charged against future amounts payable by us under your Annuity. Transfers, Assignments or Pledges: Generally, your rights in an Annuity may be transferred, assigned or pledged for loans. However, these rights may be limited depending on your use of the Annuity. You may transfer, assign or pledge your rights to another person, prior to any death upon which the death benefit is payable. You must request a transfer or provide us a copy of the assignment in Good Order. A notice of transfer or assignment is subject to our acceptance. Prior to receipt of this notice, we will not be deemed to know of or be obligated under any assignment prior to our receipt and acceptance thereof. We assume no responsibility for the validity or sufficiency of any assignment. During any period we consider your Annuity subject to an assignment, the rights of any Beneficiary (ies) are subordinate to those of any assignee(s). There may be income tax consequences associated with transfers, assignments or pledges. Nonparticipation: The Annuity does not share in our profits or surplus earnings. Deferral of Transactions: We may defer any annuity payment for a period not to exceed the lesser of 6 months or the period permitted by law. If we defer a distribution or transfer from any Fixed Rate Option, or any fixed annuity payout for more than ten days, we pay interest not less than that required by law, unless the amount of interest to be paid would be less than $25. We may defer any distribution from any Sub-account or any transfer from a Sub-account for a period not to exceed seven calendar days from the date the transaction is effected. Any other deferral period begins on the date such distribution or transfer would otherwise have been transacted. In addition to the transfer restrictions above, all transactions into, out of, or based on any Sub-account may be postponed whenever: (1) the New York Stock Exchange is closed (other than customary holidays or weekends) or trading on the New York Stock Exchange is restricted as determined by the SEC; (2) the SEC permits postponement and so orders; or (3) the SEC determines that an emergency exists making valuation or disposal of securities not reasonably practical. Elections, Designations, Changes and Requests: All elections, designations, changes and requests must be received by us in Good Order and are effective only after they have been approved by us, subject to any transactions made by us before receipt of such notices. We inform you of any changes to your Annuity that materially affect your rights. Claims of Creditors: To the extent permitted by law, no payment or value under this Annuity is subject to the claims of your creditors or those of any other Owner, any Annuitant, or any Beneficiary. Evidence of Survival: Before we make a payment, we have the right to require proof of continued life and any other documentation we need to make a payment. We can require this proof for any person whose life or death determines whether or to whom we must make the payment. Tax Reporting and Withholding: We comply with all applicable federal and state tax reporting and withholding laws and regulations with respect to this Annuity. Events giving rise to such tax reporting and withholding include, but are not limited to: (a) annuity payments; (b) payment of death benefits; (c) other distributions from the Annuity; and (d) transfers and assignments. Facility of Payment: Subject to applicable law, we reserve the right, in settlement of full liability, to make payments to a guardian, conservator or other legal representative if a payee is legally incompetent. Participation and Termination of Certain Programs We May Offer: To elect to participate or to terminate participation in any program we may offer, we may require receipt at our Office of a request in Good Order. Reports to You: We provide reports to you. We will provide you with reports at least once annually showing your Account Value and other relevant information about your Annuity. You may request additional reports. We reserve the right to charge up to $50 for each such additional report. Reserved Rights: In addition to rights specifically reserved elsewhere in this Annuity, we reserve the right to perform any or all of the following: (a) combine a Sub-account with other Sub-accounts; (b) combine the Variable Separate Account(s) shown in the Schedule with other "unitized" separate accounts; (c) terminate offering certain Guarantee Periods for new or renewing Fixed Rate Options; (d) deregister the Variable Separate Account(s) shown in the Schedule under the Investment Company Act of 1940; (e) operate the Variable Separate Account(s) shown in the Schedule as a management investment company under the Investment Company Act of 1940 or in any other form permitted by law; (f) make changes required by any change in the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, or any changes to the Securities and Exchange Commission's interpretation thereof; (g) make changes that are necessary to maintain the tax status of your Annuity, any rider, amendment or endorsement attached hereto or any charge or distribution from your Annuity under the Internal Revenue Code; (h) to establish a provision for federal income taxes if we determine, in our sole discretion, that we will incur a tax as a result of the operation of the Separate Account; and (i) make any changes required by Federal or state laws with respect to annuity contracts. We reserve the right to modify this Annuity without receiving your prior consent, except as may be required by any applicable law, if we are required to make changes necessary to comply with state regulatory requirements, Internal Revenue Service ("IRS") requirements or other federal requirements. We may eliminate Sub-accounts, or substitute one or more new underlying mutual funds or portfolios for the one in which a Sub-account is invested. Substitutions may be necessary if we believe an underlying mutual fund or portfolio no longer suits the purpose of the Annuity. This may happen due to a change in laws or regulations, or a change in the investment objectives or restrictions of an underlying mutual fund or portfolio, or because the underlying mutual fund or portfolio is no longer available for investment, or for some other reason. We would obtain the approval of the Superintendent of Insurance and any other prior approval as required by any applicable law. ANNUITY TABLES The rates in Tables 1 and 2 below are applied to the Account Value to compute the minimum amount of the annuity payment for fixed payout options. Table 1 is used to compute the minimum annuity payment under Option 1 (Payment for a Certain Period Option). Table 2 is used to compute the minimum initial annuity payment under Option 2 (Life Income Annuity Option with 120 Months Certain Period). The rates used in each table are applied per $1,000 of, Account Value, as of the Annuity Date. If there is any remaining contingent deferred sales charge applicable as of the Annuity Date, we may restrict the availability of certain Annuity Payout Options we offer. We used an interest rate of 1.5% per year in preparing Table 1 and an interest rate of 3% per year in preparing Table 2. Table 2 assumes 120 payments certain. The annuity payments in Table 2 are based on the Annuitant's "adjusted age" and sex. The adjusted age is the Annuitant's age as of the Annuitant's last birthday prior to the date on which the first payment is due, adjusted as shown in the "Translation of Adjusted Age" table below. When we computed the amounts shown in Table 2, we used the Annuity 2000 valuation mortality table, with two-year age setbacks and projected mortality improvement factors (modified Scale G) projected from the age at annuitization to the age at which the probability of survival is needed in the calculation of the annuity payment.
- ------------------------------------------------------------------------------------------------------------------- Translation of Adjusted Age - ------------------------------------------------------------------------------------------------------------------- Calendar Year in Which First Calendar Year in Which Payment Is Due Adjusted Age First Payment Is Due Adjusted Age - ------------------------------ ---------------------------- ----------------------------- ------------------------- Prior to 2010 Actual Age 2050 through 2059 Actual Age minus 5 - ------------------------------ ---------------------------- ----------------------------- ------------------------- 2010 through 2019 Actual Age minus 1 2060 through 2069 Actual Age minus 6 - ------------------------------ ---------------------------- ----------------------------- ------------------------- 2020 through 2029 Actual Age minus 2 2070 through 2079 Actual Age minus 7 - ------------------------------ ---------------------------- ----------------------------- ------------------------- 2030 through 2039 Actual Age minus 3 2080 through 2089 Actual Age minus 8 - ------------------------------ ---------------------------- ----------------------------- ------------------------- 2040 through 2049 Actual Age minus 4 2090 through 2099 Actual Age minus 9 - ------------------------------ ---------------------------- ----------------------------- -------------------------
Amount of Monthly Payment For Each $1,000 Applied Option 1 - Payments for a Certain Period
- ------------------------------------------------------------------------------------------------------------------- Table 1 - Fixed Payments for a Certain Period - ------------------------------------------------------------------------------------------------------------------- Number of Monthly Number of Monthly Number of Monthly Number of Monthly Years Payment Years Payment Years Payment Years Payment - --------------- ------------ ------------ -------------- --------------- -------------- -------------- ------------ 1 $83.90 8 $11.04 14 $6.59 20 $4.81 - --------------- ------------ ------------ -------------- --------------- -------------- -------------- ------------ 2 42.26 9 9.89 15 6.20 21 4.62 - --------------- ------------ ------------ -------------- --------------- -------------- -------------- ------------ 3 28.39 10 8.96 16 5.85 22 4.44 - --------------- ------------ ------------ -------------- --------------- -------------- -------------- ------------ 4 21.45 11 8.21 17 5.55 23 4.28 - --------------- ------------ ------------ -------------- --------------- -------------- -------------- ------------ 5 17.28 12 7.58 18 5.27 24 4.13 - --------------- ------------ ------------ -------------- --------------- -------------- -------------- ------------ 6 14.51 13 7.05 19 5.03 25 3.99 - --------------- ------------ ------------ -------------- --------------- -------------- -------------- ------------ 7 12.53 - --------------- ------------ ------------ -------------- --------------- -------------- -------------- ------------
Option 2 - Life Income Annuity with 120 Months Certain Period
- ------------------------------------------------------------------------------------------------------------------- Table 2 - Fixed Life Income Annuity with 120 Months Certain Period - ------------------------------------------------------------------------------------------------------------------- Adjusted Adjusted Adjusted Age Male Female Age Male Female Age Male Female - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 41 $3.40 $3.25 61 $4.66 $4.32 81 $7.67 $7.33 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 42 3.44 3.29 62 4.76 4.41 82 7.85 7.53 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 43 3.48 3.32 63 4.87 4.50 83 8.02 7.73 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 44 3.53 3.35 64 4.98 4.60 84 8.18 7.93 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 45 3.57 3.39 65 5.10 4.71 85 8.33 8.12 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 46 3.62 3.43 66 5.23 4.82 86 8.48 8.29 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 47 3.67 3.47 67 5.36 4.94 87 8.62 8.46 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 48 3.72 3.51 68 5.49 5.06 88 8.75 8.61 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 49 3.77 3.56 69 5.64 5.19 89 8.87 8.75 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 50 3.83 3.61 70 5.78 5.33 90 8.98 8.88 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 51 3.88 3.66 71 5.94 5.48 91 9.08 8.99 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 52 3.95 3.71 72 6.10 5.63 92 9.16 9.09 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 53 4.01 3.76 73 6.26 5.79 93 9.24 9.18 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 54 4.08 3.82 74 6.43 5.96 94 9.32 9.26 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 55 4.15 3.88 75 6.60 6.14 95 9.38 9.33 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 56 4.22 3.94 76 6.78 6.33 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 57 4.30 4.01 77 6.95 6.52 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 58 4.38 4.08 78 7.13 6.71 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 59 4.47 4.16 79 7.31 6.92 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------ 60 4.56 4.24 80 7.49 7.12 - -------------- ---------- ---------- --------------- ------------ ------------ ------------ ---------- ------------
(THIS PAGE IS INTENTIONALLY LEFT BLANK) PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY 751 BROAD STREET NEWARK, NEW JERSEY 07102 (A Stock Company) INDIVIDUAL FLEXIBLE PREMIUM DEFERRED VARIABLE ANNUITY NON-PARTICIPATING SUB-ACCOUNTS AND FIXED RATE OPTIONS ALL MAY BE MADE AVAILABLE In the Accumulation Period any payments and values provided under the Sub-Accounts may increase or decrease according to their investment performance and are, therefore, not guaranteed. Please refer to the "Account Value in the Sub-Accounts" section for a more complete explanation. Payout options are specified in the Annuity. Other options may be made available. SCHEDULE ANNUITY NUMBER: [001-00001] ISSUE DATE: [MARCH 1, 2006] TYPE OF BUSINESS: [NON-QUALIFIED] OWNER: [JOHN DOE] DATE OF BIRTH: [OCTOBER 21, 1970] SEX: [MALE] OWNER: [MARY DOE] DATE OF BIRTH: [OCTOBER 15, 1970] SEX: [FEMALE] ANNUITANT: [JOHN DOE] DATE OF BIRTH: [OCTOBER 21,1970] SEX: [MALE] LATEST AVAILABLE ANNUITY DATE: THE FIRST DAY OF THE CALENDAR MONTH FIRST FOLLOWING THE ANNUITANT'S 95TH BIRTHDAY. THE MAXIMUM ANNUITY AGE IS 95. EARLIEST AVAILABLE ANNUITY DATE: ONE YEAR FROM THE ISSUE DATE, OR ONE YEAR FROM THE DATE ANY NEW ANNUITANT BECOMES THE ANNUITANT. DEFAULT ANNUITY OPTION: IN THE ABSENCE OF AN ELECTION WE RECEIVE IN GOOD ORDER, MONTHLY PAYMENTS WILL COMMENCE UNDER FIXED LIFE INCOME ANNUITY OPTION 2 WITH 120 MONTHS CERTAIN. PURCHASE PAYMENT: $[10,000] [PURCHASE PAYMENT LIMITATION: PURCHASE PAYMENTS WILL BE ACCEPTED UP TO AND INCLUDING [AGE 85] BASED ON THE OLDEST NATURAL OWNER OR THE ANNUITANT IF THE ANNUITY IS OWNED BY AN ENTITY] MINIMUM ADDITIONAL PURCHASE PAYMENT: $[100] MINIMUM ADDITIONAL PURCHASE PAYMENT UNDER AUTOMATIC PURCHASE PLANS: $[50] MINIMUM WITHDRAWAL AMOUNT: $[100] MAXIMUM FREE WITHDRAWAL: [10%] MINIMUM SURRENDER VALUE AFTER WITHDRAWAL: $[1,000] MINIMUM ANNUITY PAYMENT: $20 PER MONTH MAXIMUM NUMBER OF SUB-ACCOUNTS IN WHICH YOU MAY MAINTAIN ACCOUNT VALUE: [NOT APPLICABLE] MINIMUM TRANSFER AMOUNT: $[50. WE RESERVE THE RIGHT TO WAIVE THE MINIMUM TRANSFER AMOUNT.] MVA OPTION: [NOT AVAILABLE] SCHEDULE (CONTINUED) CONTINGENT DEFERRED SALES CHARGE:
LENGTH OF TIME PERCENTAGE OF PURCHASE SINCE PURCHASE PAYMENT PAYMENTS BEING LIQUIDATED 0-1 year 7.0% 1-2 years 6.0% 2-3 years 5.0% 3-4 years 4.0% 4 + years 0.0%
TRANSFER FEE: $[10 PER TRANSFER AFTER THE TWENTIETH IN ANY ANNUITY YEAR. WE RESERVE THE RIGHT TO: (1) INCREASE THE TRANSFER FEE, BUT IT WILL NOT EXCEED $15 PER TRANSFER AFTER THE TWELFTH IN ANY ANNUITY YEAR AND (2) WAIVE THE TRANSFER FEE IF THE TRANSFER IS MADE IN A MODE ACCEPTABLE TO US.] TRANSFER AMOUNT ALLOWED FROM A FIXED RATE OPTION: [100% OF THE ACCOUNT VALUE OF THE MATURING FIXED RATE OPTION ON ITS MATURITY DATE OR WITHIN 30 DAYS IMMEDIATELY AFTER THE MATURITY DATE.] MAINTENANCE FEE: LESSER OF $30 OR 2% OF UNADJUSTED ACCOUNT VALUE, BUT ONLY IF THE UNADJUSTED ACCOUNT VALUE AT THE TIME THE FEE IS DUE IS LESS THAN $[100,000]. WE RESERVE THE RIGHT TO CHANGE THE AMOUNT OVER WHICH WE WILL WAIVE THE MAINTENANCE FEE. INSURANCE CHARGE: [1.50%] [FIXED RATE OPTION: MINIMUM INTEREST CREDITING RATE: [3.0%] GUARANTEE PERIODS AND INITIAL INTEREST RATES AS OF THE ISSUE DATE:
INITIAL ADDITIONAL ONE-YEAR INTEREST CREDITING RATE FOR GUARANTEE PERIODS INITIAL INTEREST RATE THE GUARANTEE PERIOD SHOWN [1 year X% X% 2 years X% X% 3 years X% X% 4 years X% X% 5 years X% X% 6 years X% X% 7 years X% X% 8 years X% X% 9 years X% X% 10 years X% X%]
SCHEDULE (CONTINUED) THE ADDITIONAL INTEREST CREDITING RATE VARIES BASED UPON THE GUARANTEED PERIOD YOU ELECT, BUT IS CREDITED FOR ONE YEAR ONLY, BEGINNING ON THE DATE YOU ALLOCATE A PURCHASE PAYMENT, OR PART OF ONE, TO A FIXED RATE OPTION. THE INITIAL INTEREST RATE CREDITED WILL BE [0.15%] LESS THAN THE RATE THAT WOULD BE CREDITED IF THE ANNUITY DID NOT CONTAIN AN INITIAL ADDITIONAL ONE-YEAR INTEREST CREDITING RATE. THIS REDUCTION IN THE INTEREST RATE WILL REMAIN IN EFFECT THROUGHOUT THE ACCUMULATION PERIOD. THE INTEREST RATE WILL NOT BE LESS THAN THE MINIMUM INTEREST CREDITING RATE SHOWN ABOVE. PLEASE NOTE THAT THE GUARANTEE PERIODS AND CORRESPONDING INITIAL INTEREST RATES SHOWN ARE THOSE YOU SELECTED AT THE ISSUE DATE OF THIS ANNUITY. WE MAY OFFER DIFFERENT GUARANTEE PERIODS OF DIFFERENT DURATION AFTER THE ISSUE DATE. THE INITIAL INTEREST RATES SHOWN ARE EFFECTIVE ONLY AS OF THE ISSUE DATE. THE INTEREST RATES FOR NEW FIXED RATE OPTIONS MAY BE CHANGED PERIODICALLY.] [MVA OPTION: MINIMUM INTEREST CREDITING RATE: 3.0% GUARANTEE PERIODS AND INITIAL INTEREST RATE AS OF THE ISSUE DATE:
GUARANTEE PERIODS INITIAL INTEREST RATE [1 year X% 2 years X% 3 years X% 4 years X% 5 years X% 6 years X% 7 years X% 8 years X% 9 years X% 10 years X%]
PLEASE NOTE THAT THE GUARANTEE PERIODS AND CORRESPONDING INITIAL INTEREST RATES SHOWN ARE THOSE YOU SELECTED AT THE ISSUE DATE OF THIS ANNUITY. WE MAY OFFER DIFFERENT GUARANTEE PERIODS OF DIFFERENT DURATION AFTER THE ISSUE DATE. THE INITIAL INTEREST RATES SHOWN ARE EFFECTIVE ONLY AS OF THE ISSUE DATE. THE INTEREST RATES FOR NEW MVA OPTIONS MAY BE CHANGED PERIODICALLY. INDEX PERTAINING TO MVA OPTIONS: [THE INDEX IS BASED ON THE STRIP YIELDS PROVIDED TO US BY AN INDEPENDENT PRICING SERVICE OF OUR CHOICE AS OF THE DATE WE DECLARE A RATE OF INTEREST. THE APPLICABLE TERM (LENGTH OF TIME FROM ISSUANCE TO MATURITY) OF THE STRIPS IS THE SAME AS THE DURATION OF THE GUARANTEE PERIOD. IF NO STRIPS ARE AVAILABLE FOR SUCH TERM, STRIPS FOR THE NEXT SHORTEST TERM ARE USED. IF THE UNITED STATES TREASURY DISCONTINUES OFFERING ANY OF THE APPLICABLE CERTIFICATES OF INDEBTEDNESS UPON WHICH STRIPS ARE BASED OR IF THERE IS ANY DISRUPTION IN THE MARKET FOR STRIPS THAT WOULD HAVE AN IMPACT ON OUR ABILITY TO OBTAIN MARKET VALUATIONS FOR SUCH INSTRUMENTS, WE WILL SUBSTITUTE INDICES WHICH IN OUR OPINION ARE COMPARABLE.] SCHEDULE (CONTINUED) LIQUIDITY FACTOR: [0.0025] BOND INDEX: [MERRILL LYNCH [1 TO 10] YEAR INVESTMENT GRADE CORPORATE BOND INDEX]] VARIABLE SEPARATE ACCOUNT(S): [PRUCO LIFE OF NEW JERSEY FLEXIBLE PREMIUM VARIABLE ANNUITY ACCOUNT] [MVA SEPARATE ACCOUNT: [PRUCO LIFE OF NEW JERSEY MODIFIED GUARANTEED ANNUITY ACCOUNT]] OFFICE: [PRUDENTIAL ANNUITY SERVICE CENTER P.O. BOX 7960 PHILADELPHIA, PA 19176 TOLL-FREE: 1-888-PRU-2888 WEBSITE: WWW.PRUDENTIAL.COM] ------------------
EX-99.4C 5 d18381_ex4c.txt EXHIBIT 4(c) PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY 751 BROAD STREET NEWARK, NEW JERSEY 07102 ENHANCED DOLLAR COST AVERAGING RIDER This Rider is made part of your Annuity. If the terms of your Annuity and those of this Rider conflict, the provisions of this Rider shall control. During the Accumulation Period, we may, in certain situations, make available an Enhanced Dollar Cost Averaging Program ("Program") designed to transfer Account Value in a Fixed Rate Option to other allocation options that you have specified which we offer under this Program, such transfers to be made on a monthly basis. This Program is separate from any other dollar cost averaging program we may make available. The Program may be utilized only as permitted by us in accordance with our rules at the time of election, and may not be available in conjunction with other programs and benefits we may make available. You may select this Program by submitting to us a request in Good Order. Enhanced Dollar Cost Averaging under this Program is subject to the following rules: (a) We may restrict this Program to only certain new Purchase Payments. (b) We may limit the allocation options into which Account Value may be transferred as part of the Program. (c) We may limit this Program to only transfers from the Fixed Rate Options that we make available for this Program. (d) Such a Program may only be selected in conjunction with, and simultaneous to, a new Purchase Payment allocation to a Fixed Rate Option we make available for this Program. (e) Interest rates will be declared by us on or before the date allocations are made into the Program. Interest rates credited to each Fixed Rate Option we make available for this Program are applied to a declining balance due to the monthly transfer of Account Value to the allocation options you have selected. This will reduce the effective rate of interest credited to a Fixed Rate Option over the course of the duration selected. The declared rate of interest credited to each Fixed Rate Option we make available for this Program on the Effective Date of this Rider is shown on the Schedule Supplement. If we make this Program available to future Purchase Payment allocations, interest rates for those allocations will be declared on or before the date those allocations are made. The declared rate of interest we credit to each Fixed Rate Option we make available for this Program will never be less than the Minimum Guaranteed Interest Rate shown on the Schedule Supplement. (f) We credit interest daily to the amounts in each Fixed Rate Option we make available for this Program at the daily equivalent of a specific rate declared for that Fixed Rate Option until the earliest of: 1) the date the amount in the Fixed Rate Option is transferred out of the Fixed Rate Option; 2) the date the amount in the Fixed Rate Option is withdrawn; 3) the date as of which any death benefit payable is determined, and 4) the Annuity Date. (g) Monthly transfers will be made over the term of the Fixed Rate Option. Please refer to the "Transfers under the Enhanced Dollar Cost Averaging Program" provision below. (h) If, at the time you elect this benefit you are in a Right to Cancel period in which any Purchase Payments made may be restricted to specific allocation choices, we will initiate this Program at the expiration of the Right to Cancel period, and we will transfer amounts in accordance with this Program. TRANSFERS UNDER THE ENHANCED DOLLAR COST AVERAGING PROGRAM: Purchase Payments allocated to this Program are transferred monthly and systematically, based on a duration we make available, to the allocation options you specify. We will transfer amounts in a series of substantially equal amounts on each monthly transfer date. The first transfer from the Fixed Rate Option is made as of the date of the allocation of the applicable Purchase Payment unless your allocation choices are being restricted during a Right to Cancel period, as described in (h) above. In that case, the first transfer under this Program will be made at the expiration of the Right to Cancel period. Subsequent transfers are made monthly. The final transfer includes the interest credited during the period (but see the "Effect of Withdrawals on Transfers" section below for the effect of withdrawals). Unless we receive specific allocation instructions, we will make transfers in accordance with the allocation instructions in effect when you made your most recent Purchase Payment allocation to the Fixed Rate Option. You may change the allocation options to which transfers under this Program are made by furnishing us with new allocation instructions in Good Order. Any transfers occurring after we receive your new allocation instructions will be made in accordance with the new instructions. Transfers under this Program will be subject to the investment limitations applicable to any other benefit provided under the Annuity. Transfers under this Program do not count toward the maximum number of free transfers permissible under the Annuity, and you are not subject to a transfer fee for transfers under this Program. EFFECT OF WITHDRAWALS ON TRANSFERS: Withdrawals from the Program are permitted. We will recalculate the monthly transfer amount to reflect the reduction of Account Value in the Fixed Rate Option caused by the withdrawal. This recalculation may include some or all of the interest credited to the date of the next scheduled transfer. Any interest that is not included in the recalculated transfer amount will be paid with the final transfer amount, unless there is another subsequent withdrawal. Deductions of the Maintenance Fee or any other charges for optional benefits are treated as withdrawals for this purpose. If a withdrawal reduces the monthly transfer amount below the Minimum Monthly Transfer Amount shown in the Schedule Supplement, the remaining balance in the Program's Fixed Rate Option will be transferred on the next monthly transfer date to the allocation options you most recently selected under this Program. Allocation of withdrawals among allocation options will be handled in the manner described in the "Allocation Rules For Account Value" provision of the Annuity. TERMINATION: You may cancel your participation in this Program by submitting a request in Good Order. Your request must include instructions as to how you wish to re-allocate your funds under this Program. If you do not provide such instructions at the time of your request, we will re-allocate your funds on a pro-rata basis among the variable allocation options in which you are already invested. If an allocation option is no longer available, we reserve the right to allocate that portion that would have been applied to such allocation option to the money market allocation option. PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY /s/ CLIFFORD E. KIRSCH [__________________________________] Secretary EX-99.4D 6 d18381_ex4d.txt EXHIBIT 4(d) PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY 751 BROAD STREET NEWARK, NEW JERSEY 07102 ENHANCED DOLLAR COST AVERAGING SCHEDULE SUPPLEMENT Annuity Number: [001-00001] Effective Date of the Enhanced Dollar Cost Averaging Rider: [Issue Date of the Annuity] Minimum Guaranteed Interest Rate: [3]% Initial Interest Rate Credited as of the Effective Date of the Rider:
Daily Equivalent of the Duration Following Annual Rate -------- --------------------- [DCA 6 Month] [3.50]%
[Please note that the information and interest rate(s) shown above are effective only as of the Effective Date of this Rider. Any post-Issue Date elections or interest rate changes will not be reflected in this Schedule Supplement, but will be confirmed in a separate report we will send to you.] Minimum Monthly Transfer Amount: $[100]
EX-99.4E 7 d18381_ex4e.txt EXHIBIT 4(e) PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY 751 BROAD STREET NEWARK, NEW JERSEY 07102 GUARANTEED MINIMUM INCOME BENEFIT RIDER This Guaranteed Minimum Income Benefit Rider is made part of your Annuity. If the terms of your Annuity and those of this Rider conflict, the provisions of this Rider shall control. The benefit provided pursuant to the terms of this Rider is a "Guaranteed Minimum Income Benefit." General: This Rider outlines the requirements for a program designed to guarantee that a minimum amount will be available after at least a minimum amount of time as the basis for a series of annuity payments, irrespective of the changes in your Account Value due to the performance of the investment options before such annuity payments begin. This minimum amount is called the "Protected Value." The amount of time is called the "Waiting Period." The initial Protected Value is an amount determined at the beginning of the Waiting Period. During the Waiting Period this amount is increased by an interest factor called the "Roll-Up Percentage." The Protected Value only has value in relation to this Guaranteed Minimum Income Benefit - it is not an amount available for surrender or partial withdrawals. Also it is not used in the calculation of annuity payments under the regular annuity options of your Annuity, calculation of any guaranteed minimum death benefit provided by your Annuity or calculation of any other benefit provided by any other rider made part of your Annuity. Some of the requirements for the program include, but are not limited to, the length of the Waiting Period, how we calculate the Protected Value, the impact of withdrawals during the Waiting Period, the types of annuity payments payable, and the factors we use in calculating the annuity payments. There is a charge for this benefit. It is shown in the Schedule Supplement. Effective Date of the Rider: The Effective Date of the Rider is shown in the Schedule Supplement. Mechanics of a Program A. Start of a Program: As of the Effective Date of the Rider or of any reset of this benefit, as described below in the section entitled "Resets", the Protected Value, the Waiting Period and the Roll-Up Percentage are as follows: 1. Protected Value: Your initial Protected Value is the Account Value on the Effective Date of the Rider or the date of any reset. 2. Waiting Period: The Waiting Period is shown in the Schedule Supplement. It is the minimum amount of time that must pass between the later of the Effective Date of this Rider, or the date of any reset, until annuity payments may begin. 3. Roll-Up Percentage: The Roll-Up Percentage is shown in the Schedule Supplement. B. During the Waiting Period: During the Waiting Period, your Protected Value increases and various transactions have an impact on your Protected Value, as described below. It also increases in the same manner beyond the Waiting Period, subject to the limitations discussed below, until you exercise the benefit as discussed below in the "Exercising the Benefit" section. 1. Calculating the Protected Value: Subject to limits called the "Cap" and the "Roll-Up Cut-Off Date" discussed below, we calculate the Protected Value as follows: a. We increase the Protected Value each day by the daily equivalent of the Roll-Up Percentage. b. We add to the Protected Value an amount equal to any Net Purchase Payment and any Credits allocated to Account Value in relation to Purchase Payments received after the Waiting Period begins. Also, we increase the value of these additions each day by the daily equivalent of the Roll-Up Percentage, starting on the date such amounts are allocated to your Account Value. c. We reduce the Protected Value if you take partial withdrawals. Subsequent to a partial withdrawal, increases due to the Roll-Up Percentage apply to the Protected Value reduced by the effect of the partial withdrawal. The effect of a partial withdrawal of Account Value depends on a number of factors, as follows: i. Before the Protected Value reaches either the Cap or this benefit reaches the Roll-Up Cut-Off Date: We reduce the Protected Value by the exact amount of any cumulative partial withdrawals of Account Value in an Annuity Year that do not exceed the "Dollar-for-Dollar Limit." The Dollar-for-Dollar Limit from the Effective Date of the Rider up to the following anniversary of the Issue Date of the Annuity is a percentage of the initial Protected Value. On or after the first anniversary of the Issue Date of the Annuity subsequent to the Effective Date of this Rider, the Dollar-for-Dollar Limit is a percentage of the Protected Value as of the anniversary of the Annuity's Issue Date for that Annuity Year. This percentage is shown in the Schedule Supplement as the Dollar-for-Dollar Limit Percentage. We also reduce the Protected Value in relation to any cumulative partial withdrawals of Account Value in an Annuity Year that exceed the Dollar-for-Dollar Limit. We determine the reduction in relation to the entire amount of each such withdrawal at the time it occurs, as follows: The Protected Value after the withdrawal equals the Protected Value immediately before the withdrawal less the sum of (A) and (B); where: (A) is the Remaining Dollar-for-Dollar Amount before the withdrawal, which is defined below; and (B) is the result of multiplying (1) times (2), where: (1) is the Protected Value immediately before the withdrawal less the Remaining Dollar-for-Dollar Amount before the withdrawal; and (2) is an adjustment factor of (a) divided by (b), where: (a) is the current withdrawal amount less the Remaining Dollar-for-Dollar Amount immediately before the withdrawal; and (b) is your Account Value immediately before the withdrawal less the Remaining Dollar-for-Dollar Amount immediately before the withdrawal. The Remaining Dollar-for-Dollar Amount is the then current Dollar-for-Dollar Limit before the withdrawal less cumulative withdrawals in that Annuity Year before the current withdrawal, but not less than zero. ii. If the Protected Value equals the Cap or this benefit reaches the Roll-Up Cut-Off Date: We reduce the Protected Value proportionately in relation to all withdrawals taken on or after the anniversary of the Annuity's Issue Date that occurs on or immediately after the date the Protected Value equals the Cap or this benefit reaches the Roll-Up Cut-Off Date. The proportion as to any withdrawal equals the proportionate reduction in the Account Value as a result of such withdrawal. d. The Protected Value is limited by a "Cap." Until the Protected Value first increases to the level of the Cap, the Cap equals the Cap Percentage shown in the Schedule Supplement times the sum of the Protected Value at the beginning of the Waiting Period and all Net Purchase Payments and any Credits we provide in relation to Purchase Payments received after the Waiting Period begins; and is reduced due to withdrawals in the same manner as we reduce the Protected Value in c. i. above. Once the Protected Value has reached the Cap, the Protected Value is increased by the amount of any additional Net Purchase Payments and any Credits we provide in relation to Purchase Payments received after the Cap is first reached, and is reduced due to withdrawals in the same manner as we reduce the Protected Value in c. ii. above. e. We stop increasing the Protected Value by the Roll-Up Percentage as of the date called the "Roll-Up Cut-Off Date." The Roll-Up Cut-Off Date is shown in the Schedule Supplement. The Protected Value is increased by additional Net Purchase Payments received after the Roll-Up Cut-Off Date and any Credits we provide in relation to Purchase Payments allocated after the Roll-Up Cut-Off Date. We decrease the Protected Value by the effect of any partial withdrawals occurring after the Roll-Up Cut-Off Date. The decrease is calculated as noted in c.ii, above. 2. Investment Limitations: As part of the consideration for the benefit provided by this Rider, we may limit the investment options in which you may allocate Account Value. Also, we may require that you invest in only certain investment options or require that you maintain all or a portion of your Account Value in accordance with an asset allocation model. At any time until this Rider is terminated, these requirements may be implemented, suspended or changed. This includes changing prohibited investment options, changing required investment options or changing the required limitation between one type of investment limitation and another. Any limitations are stated in the Supplemental Application for this benefit and will prevail without change until the time of a reset. We reserve the right to change the investment limitations applicable to your Annuity at the time of a reset. Any changes will first be approved by the Superintendent of Insurance. Any transfers resulting from our implementing or changing any investment limitations will not be counted in determining the number of free transfers made during an Annuity Year. 3. Resets: The following information is shown in the Schedule Supplement regarding resets: a. the amount of times you may reset this benefit, if any; and b. the reset age limit, if applicable. Resets must occur before the Annuitant reaches this age. Unless you request otherwise, resets occur as of the Valuation Period we receive your request at our Office in Good Order. We will not accept a request to reset the benefit on a date which is more than 30 days after the date we receive your request. The initial Protected Value upon reset is the Account Value as of the Valuation Period the reset takes effect. The new Waiting Period starts as of that same date. All prior Net Purchase Payments, Credits or reductions due to partial withdrawals prior to the reset are ignored for purposes of calculating the Protected Value and the Cap. The effective date of the reset is used in calculating applicable annuity rates if and when this benefit is exercised. However, the Benefit Exercise Limit does not change. 4. Charge for the Rider: The charge is shown in the Schedule Supplement. It is a percentage of the average Protected Value between the date of the prior charge (or the Effective Date of this Rider if no prior charge has been assessed) to the date as of which the charge is applied. The charge is taken pro-rata from the investment options in which you maintain Account Value as of the date the charge is due. No market value adjustment applies to amounts withdrawn from any MVA Option to pay this charge. The charge is applied on each anniversary of the Annuity's Issue Date while this Rider is in effect. A pro-rata portion of the charge is applied when the following transactions occur on any Valuation Period other than such an anniversary: (a) Account Value is moved from the Annuity's investment options to begin annuity payments; (b) elective termination of this Rider; (c) surrender; and (d) a partial withdrawal of a size which leads us to send you any remaining Surrender Value according to the terms of your Annuity. This charge does not apply on or after any date we transfer your Account Value in order to begin annuity payments. Upon any reset, we may increase the charge to that then applicable to new annuity purchasers of the same class of Annuity. However, if applicable, a limited number of resets noted in the Schedule Supplement will not be subject to such an increase. Your charge may depend on the other optional benefits you elect, and the combined risk we incur in offering those specific benefits. Should you elect to terminate one of the other optional benefits that we took into consideration in determining your charge, or if the spouse continues the Annuity with this benefit but the other optional benefits we took into consideration cease due to death, we may increase your charge for this benefit to that which would have applied as of the Effective Date of this Rider had you not elected the other applicable benefit or benefits. This amount is shown in your Schedule Supplement, if applicable. 5. Continuation by a Spouse Beneficiary: If the Annuity is continued by a spouse Beneficiary, this Rider continues in effect. This continuation does not change the then current Protected Value, Waiting Period, Cap or the number of times the benefit may be reset. However, if the Annuitant designation is changed, the Roll-Up Cut-Off Date may change as noted in the "Changing the Annuitant" section below. The charge will not be affected unless it took into consideration other optional benefits and those other benefits are no longer in effect due to the death. 6. Changing the Annuitant: If you change the Annuitant designation, we calculate the Roll-Up Cut-Off Date based on the age of the new Annuitant. However, changing the Annuitant designation, for whatever reason, may result in automatic termination of this Rider, as indicated in the "Termination of this Rider" section, below. 7. Limitation on Additional Purchase Payments: We may limit additional Purchase Payments if we determine that as a result of the timing and amounts of your Additional Purchase Payments and partial withdrawals, the Protected Value is being increased in an unintended fashion. Among the factors we will use in making a determination as to whether an action is designed to artificially increase the Protected Value is the relative size of Additional Purchase Payments. 8. Maximum Protected Value per Life: Any applicable maximum Protected Value applicable to any Annuitant is shown in the Schedule Supplement. This maximum would apply irrespective of the Cap, the Roll-Up Cut-Off Date, any additional Purchase Payments, any resets or the purchase of other annuities from us providing for this or any equivalent guaranteed minimum income benefit. 9. Termination of this Rider: Termination of this Rider is subject to the following rules: a. Elective Termination: Whether you may elect to terminate this Rider, and, if applicable, when you may terminate this Rider is shown in the Schedule Supplement. We may require you to submit this Rider and the Schedule Supplement to us at our Office before we agree to terminate the benefit. b. Termination due to Death: This Rider terminates automatically as of the date the Annuity's death benefit is payable, unless the Annuity is continued by a spouse Beneficiary. c. Termination resulting from the start of Annuity Payments: This Rider terminates automatically as of the date we transfer all Account Value in order to begin annuity payments, whether pursuant to your decision to exercise this benefit or pursuant to the annuity options of your Annuity. d. Termination upon Surrender: This Rider terminates upon surrender of the Annuity to which it is made a part. e. Termination due to Annuitant Change: This Rider will terminate automatically if you designate a new Annuitant such that: i. The new Annuitant is older than the age for which we would then issue this benefit as of the effective date of such a change; or ii. The Waiting Period would extend beyond any date that Annuity Payments would be required to begin in relation to the age of the new Annuitant. a. Termination Upon Reaching the Benefit Exercise Limit: If you have not elected to exercise this benefit, this Rider terminates automatically upon reaching the "Benefit Exercise Limit" shown in the Schedule Supplement, as discussed below in the "Exercising the Benefit" section. If this Rider terminates pursuant to subsections a. or e. above, we will consider you to have elected to remain in any applicable asset allocation program then in effect unless you instruct us otherwise. C. Annuity Payment Options: We guarantee to make available annuity payments under the payout options described below if you elect to exercise this benefit. We may make other options available. We make annuity payments to you. No surrenders or withdrawals are permitted under either option. We may make payment frequencies other than monthly available. 1. Single Life and Certain Period Annuity: Under this option we make fixed monthly payments while the Annuitant is alive. However, if the Annuitant dies in the first ten years, we pay any remaining payments to your Annuity's Beneficiary until the end of the ten-year period. The ten years are measured from the Valuation Period this option takes effect. 2. Joint Life and Certain Period Annuity: Under this option, we make fixed monthly payments while either the Annuitant or any named Co-Annuitant are alive. However, the level of payments subsequent to the first death of the Annuitant or Co-Annuitant may differ as follows: i. If the Annuitant is the survivor, the level of payments does not change. ii. If the Co-Annuitant is the survivor, the level of payments after ten years, measured from the Valuation Period this option takes effect, is 50% of the prior payments. However, if both the Annuitant and Co-Annuitant die in the first ten years, we pay the remaining payments to your Annuity's Beneficiary until the end of the ten-year period. The ten years are measured from the Valuation Period this option takes effect. D. Exercising the Benefit: You are not required to exercise this benefit and begin to take annuity payments under the options described above. You may exercise the benefit as of the end of the Waiting Period, or as of any subsequent anniversary of the end of the Waiting Period, until the "Benefit Exercise Limit" shown in the Schedule Supplement. If you reset the Waiting Period, the earliest you may exercise the benefit is as of the end of the reset Waiting Period. You must notify us at our Office of your desire to exercise the benefit within 30 days after the end of the Waiting Period or any subsequent anniversary of the end of the Waiting Period until the Benefit Exercise Limit. We may require you to provide written notice in Good Order. E. Calculating Annuity Payments: Based on the annuity payment option you elect, the annuity payment amount will be the higher of 1. and 2., each less applicable taxes; where 1. is the amount that would be payable by applying your Account Value to our then current annuity rates per $1,000 of Account Value for such option; and 2. is the amount payable by applying your Protected Value to the annuity rates per $1,000 of Protected Value applicable to this Guaranteed Minimum Income Benefit ("GMIB"), as described below. These GMIB annuity rates may be lower than the guaranteed minimum annuity rates applicable for annuity options provided in your Annuity. The annuity rates are based on the Adjusted Age, and where permitted by law, the gender of the Annuitant and any Co-Annuitant. F. GMIB Annuity Rates: The GMIB annuity rates in the tables below assume payments for life and 120 monthly certain payments, and are based on an interest rate and a mortality rate, as follows: 1. Interest rate: The interest rate used is an effective annual interest rate. The rate to be used, and the corresponding table of annuity rates, depend on the number of completed years since the later of the Effective Date of the Rider or the effective date of the last reset. The applicable interest rates and tables of annuity rates are shown below.
Completed Number of Years since the Later of the Effective Date of the Rider or the Effective Date of the Last Reset Interest Rate Applicable Table ---------------------- ------------- ---------------- 9 or less 2.00% A 10 or more 2.50% B
2. Mortality Rate: The mortality rate is based on the Annuity 2000 valuation mortality table, with four-year setbacks, ten-year generational setbacks and projected mortality improvement factors (modified Scale G) projected from the age at annuitization to the age at which the probability of survival is needed in the calculation of the annuity payment. Where required by law or regulation, we will use an equivalent unisex mortality table. The rates below in Tables A and B are based on the Annuitant's Adjusted Age. The Adjusted Age is the Annuitant's age last birthday prior to the day on which the first annuity payment is due, adjusted as shown in the "Translation of Adjusted Age" Table, which follows. Table A
- --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- Adjusted Adjusted Adjusted Age Male Female Age Male Female Age Male Female - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- 41 $2.74 $2.60 61 $3.92 $3.61 81 $6.81 $6.41 - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- 42 2.78 2.63 62 4.01 3.69 82 7.00 6.62 - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- 43 2.82 2.67 63 4.11 3.77 83 7.18 6.83 - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- 44 2.86 2.70 64 4.21 3.86 84 7.36 7.04 - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- 45 2.90 2.74 65 4.32 3.96 85 7.53 7.24 - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- 46 2.95 2.77 66 4.43 4.06 86 7.70 7.44 - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- 47 2.99 2.81 67 4.56 4.17 87 7.86 7.64 - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- 48 3.04 2.85 68 4.68 4.28 88 8.01 7.82 - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- 49 3.09 2.90 69 4.81 4.40 89 8.16 7.99 - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- 50 3.15 2.94 70 4.95 4.52 90 8.29 8.15 - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- 51 3.20 2.99 71 5.10 4.66 91 8.41 8.29 - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- 52 3.26 3.04 72 5.25 4.80 92 8.52 8.42 - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- 53 3.32 3.09 73 5.41 4.94 93 8.62 8.54 - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- 54 3.38 3.14 74 5.57 5.10 94 8.72 8.64 - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- 55 3.45 3.20 75 5.73 5.27 95 8.80 8.74 - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- 56 3.51 3.26 76 5.91 5.44 - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- 57 3.59 3.32 77 6.08 5.62 - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- 58 3.66 3.39 78 6.26 5.81 - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- 59 3.74 3.46 79 6.44 6.00 - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- 60 3.83 3.53 80 6.63 6.20 - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ -----------
Table B
- --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- Adjusted Adjusted Adjusted Age Male Female Age Male Female Age Male Female - --------------- ----------- ------------ ------------- ------------- ------------ ------------- ------------ ----------- 41 $3.03 $2.89 61 $4.19 $3.88 81 $7.06 $6.66 - --------------- ----------- ------------ ------------- ------------ ------------- ------------- ----------- ------------ 42 3.07 2.92 62 4.28 3.96 82 7.24 6.87 - --------------- ----------- ------------ ------------- ------------ ------------- ------------- ----------- ------------ 43 3.11 2.95 63 4.38 4.04 83 7.42 7.07 - --------------- ----------- ------------ ------------- ------------ ------------- ------------- ----------- ------------ 44 3.15 2.99 64 4.48 4.13 84 7.60 7.28 - --------------- ----------- ------------ ------------- ------------ ------------- ------------- ----------- ------------ 45 3.19 3.02 65 4.59 4.23 85 7.77 7.49 - --------------- ----------- ------------ ------------- ------------ ------------- ------------- ----------- ------------ 46 3.23 3.06 66 4.70 4.33 86 7.94 7.68 - --------------- ----------- ------------ ------------- ------------ ------------- ------------- ----------- ------------ 47 3.28 3.10 67 4.82 4.43 87 8.10 7.87 - --------------- ----------- ------------ ------------- ------------ ------------- ------------- ----------- ------------ 48 3.33 3.14 68 4.95 4.54 88 8.25 8.05 - --------------- ----------- ------------ ------------- ------------ ------------- ------------- ----------- ------------ 49 3.38 3.18 69 5.08 4.66 89 8.39 8.22 - --------------- ----------- ------------ ------------- ------------ ------------- ------------- ----------- ------------ 50 3.43 3.22 70 5.22 4.79 90 8.52 8.38 - --------------- ----------- ------------ ------------- ------------ ------------- ------------- ----------- ------------ 51 3.48 3.27 71 5.37 4.92 91 8.64 8.52 - --------------- ----------- ------------ ------------- ------------ ------------- ------------- ----------- ------------ 52 3.54 3.32 72 5.51 5.06 92 8.75 8.65 - --------------- ----------- ------------ ------------- ------------ ------------- ------------- ----------- ------------ 53 3.60 3.37 73 5.67 5.21 93 8.85 8.77 - --------------- ----------- ------------ ------------- ------------ ------------- ------------- ----------- ------------ 54 3.66 3.42 74 5.83 5.36 94 8.94 8.87 - --------------- ----------- ------------ ------------- ------------ ------------- ------------- ----------- ------------ 55 3.72 3.48 75 6.00 5.53 95 9.02 8.96 - --------------- ----------- ------------ ------------- ------------ ------------- ------------- ----------- ------------ 56 3.79 3.54 76 6.17 5.70 - --------------- ----------- ------------ ------------- ------------ ------------- ------------- ----------- ------------ 57 3.86 3.60 77 6.34 5.88 - --------------- ----------- ------------ ------------- ------------ ------------- ------------- ----------- ------------ 58 3.94 3.66 78 6.52 6.06 - --------------- ----------- ------------ ------------- ------------ ------------- ------------- ----------- ------------ 59 4.02 3.73 79 6.70 6.26 - --------------- ----------- ------------ ------------- ------------ ------------- ------------- ----------- ------------ 60 4.10 3.80 80 6.88 6.46 - --------------- ----------- ------------ ------------- ------------ ------------- ------------- ----------- ------------
Translation of Adjusted Ages Table
- ------------------------------- ------------------------ ----------------------------- ------------------------ Calendar Year in Which Calendar Year in Which First Payment Is Due Adjusted Age First Payment Is Due Adjusted Age - ------------------------------- ------------------------ ----------------------------- ------------------------ 2010 through 2019 Actual Age minus 1 2060 through 2069 Actual Age minus 6 - ------------------------------- ------------------------ ----------------------------- ------------------------ 2020 through 2029 Actual Age minus 2 2070 through 2079 Actual Age minus 7 - ------------------------------- ------------------------ ----------------------------- ------------------------ 2030 through 2039 Actual Age minus 3 2080 through 2089 Actual Age minus 8 - ------------------------------- ------------------------ ----------------------------- ------------------------ 2040 through 2049 Actual Age minus 4 2090 through 2099 Actual Age minus 9 - ------------------------------- ------------------------ ----------------------------- ------------------------ 2050 through 2059 Actual Age minus 5 - ------------------------------- ------------------------ ----------------------------- ------------------------
PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY /s/ CLIFFORD E. KIRSCH [__________________________________] Secretary
EX-99.4F 8 d18381_ex4f.txt EXHIBIT 4(f) PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY 751 BROAD STREET NEWARK, NEW JERSEY 07102 GUARANTEED MINIMUM INCOME BENEFIT SCHEDULE SUPPLEMENT Annuity Number: [001-00001] Effective Date of the Rider: [Issue Date of the Rider] Initial Protected Value as of the Effective Date of the Rider: $[100,000] Waiting Period: [Seven years] Roll-Up Percentage: [5.0]% Cap Percentage: [200.0]%, subject to the Roll-Up Cut-Off Date, if reached earlier Roll-Up Cut-Off Date: [The later of: (a) the anniversary of the Annuity's Issue Date on or immediately after the Annuitant's 80th birthday; and (b) the 7th anniversary of the later of (i) the Effective Date of the Rider; or (ii) the effective date of the last reset, subject to the Cap if reached earlier.] Dollar for Dollar Limit Percentage: [5.0]% Resets: [Resets are available. You may reset the benefit twice. No resets are permitted on or after the Annuitant's 76th birthday.] Charge for the Rider: [0.50% of the average Protected Value for the applicable period.] [Charge for the Rider that would apply if no other options were elected: 0.60% of the average Protected Value for the applicable period.] Maximum Protected Value Per Life: [Not applicable] Benefit Exercise Limit: [The anniversary of the Annuity on or immediately following the Annuitant's 95th birthday, or earlier if required by law] Termination: [You may not elect to terminate this Rider and continue your Annuity.] EX-99.4G 9 d18381_ex4g.txt EXHIBIT 4(g) PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY 751 BROAD STREET NEWARK, NEW JERSEY 07102 HIGHEST ANNIVERSARY VALUE DEATH BENEFIT RIDER This Rider is made part of your Annuity. If the terms of your Annuity and those of this Rider conflict, the provisions of this Rider shall control. The benefit provided pursuant to the terms of this Rider is a "Highest Anniversary Value Death Benefit." Effective Date: The Effective Date of this Rider is shown in the Schedule Supplement. Death Benefit: The Death Benefit of the Annuity equals the greater of (a) and (b), where: (a) is the "Highest Anniversary Value," defined below, less any applicable Credits; and (b) is the description of how the death benefit is determined as described in the Annuity. Highest Anniversary Value: If the Effective Date of the Rider is the Issue Date of your Annuity, then the Highest Anniversary Value is initially equal to the sum of all Purchase Payments made on the Issue Date, plus any Credits allocated to your Account Value in relation to such Purchase Payments. If the Effective Date of the Rider is after the Issue Date of your Annuity, the Highest Anniversary Value is initially equal to the Unadjusted Account Value on the Effective Date of the Rider. The Highest Anniversary Value is increased by the sum of any Purchase Payments plus any Credits allocated to your Account Value in relation to such Purchase Payments, and is reduced by any Proportional Reductions due to withdrawals. On each Anniversary of the Effective Date of the Rider up to and including the earlier of the decedent's date of death and the Rider Death Benefit Target Date, if applicable, the Highest Anniversary Value is compared to the Unadjusted Account Value. If the Unadjusted Account Value is greater than the Highest Anniversary Value, the Highest Anniversary Value is increased to equal the Unadjusted Account Value. The frequency of each Anniversary is shown in the Schedule Supplement. Other Death Benefit Provisions: The provisions applicable to the death benefit described in your Annuity regarding eligibility, limits of applicability, including any suspension period due to a change in any designation, modes of payment to Beneficiaries or any other provision regarding the death benefit other than the method of calculation of the death benefit continue to apply unless specifically indicated otherwise in this Rider. Definitions: "Purchase Payments", for purposes of calculating the benefit offered under this Rider, is defined as the amount of Purchase Payments we receive less any applicable charge applied to such Purchase Payments, prior to the application of such Purchase Payments to your Account Value. "Credits" are amounts we may allocate to your Account Value in relation to Purchase Payments. "Unadjusted Account Value" is the Account Value prior to the application of any market value adjustment. The "Rider Death Benefit Target Date" is shown in the Schedule Supplement. A "Proportional Reduction" is a reduction caused by a withdrawal that reduces the value by a proportion equal to the ratio of the amount of the applicable withdrawal to the Account Value as of the date of the withdrawal but prior to the withdrawal. Withdrawals: Withdrawals reflect any assessment of applicable contingent deferred sales charge or other charge applicable upon a withdrawal, as well as any applicable market value adjustment. Withdrawals result in a Proportional Reduction to the Highest Anniversary Value. Charge for the Rider: The charge is applied against the daily total value of that portion of Account Value attributable to, and maintained for, each Sub-account in the Annuity of which this Rider is made part. The charge is assessed each day at the daily equivalent of the rate shown in the Schedule Supplement. Your charge may depend on any other optional benefits you elect, and the combined risk we incur in offering those specific benefits. Should you elect to terminate one of the other optional benefits that we took into consideration in determining your charges, we may increase your charge to that then applicable to new annuity purchasers of the same class of Annuities with the same optional benefits. The charge is assessed until we receive due proof of the decedent's death in Good Order, or the Rider terminates for any of the reasons cited in "Termination of this Rider" below. There is no charge after the Annuity Date. Investment Limitations: As part of the consideration for the benefit provided by this Rider, we may limit the investment options in which you may allocate Account Value, require that you invest in only certain investment options or require that you maintain all or a portion of your Account Value in accordance with an asset allocation model. At any time until this Rider is terminated, these requirements may be implemented, suspended or changed. This includes changing prohibited investment options, changing required investment options or changing the required limitation between one type of investment limitation and another. Any limitations are stated in the Supplemental Application for this benefit and will prevail without change until the next Annuity Anniversary at which the Highest Anniversary Value is increased to equal the Unadjusted Account Value. We reserve the right to change the investment limitations applicable to your Annuity on the next Anniversary on which the Highest Anniversary Value is increased to equal the Unadjusted Account Value. Any changes in investment limitations will first be approved by the Superintendent of Insurance. Any transfers resulting from our implementing or changing any investment limitations will not be counted in determining the number of free transfers made during an Annuity Year. Termination of this Rider: Termination of this Rider is subject to the following rules: A. Elective Termination: Whether you may elect to terminate this Rider, and, if applicable, when you may terminate this Rider is shown in the Schedule Supplement. We may require you to submit this Rider and the Schedule Supplement to us at our Office before we agree to terminate the benefit. B. Termination due to Death: This Rider terminates automatically as of the date the Annuity's death benefit is payable, unless the Annuity is continued by a spouse Beneficiary. C. Termination due to Owner/Annuitant Change: This Rider terminates automatically if you designate a new Owner or Annuitant such that the new Owner or Annuitant is older than the age for which we would then issue this benefit as of the effective date of such a change. D. Termination Resulting from the Start of Annuity Payments: This Rider terminates automatically as of the date we transfer all Account Value in order to begin annuity payments in accordance with the terms of your Annuity. E. Termination upon Surrender: This Rider terminates upon surrender of the Annuity to which it is made a part. PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY /s/ CLIFFORD E. KIRSCH [__________________________________] Secretary EX-99.4H 10 d18381_ex4h.txt EXHIBIT 4(h) PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY 751 BROAD STREET NEWARK, NEW JERSEY 07102 HIGHEST ANNIVERSARY VALUE DEATH BENEFIT SCHEDULE SUPPLEMENT Annuity Number: [001-00001] Effective Date of the Rider: [Issue Date of the Annuity] Rider Death Benefit Target Date: [One Owner: [Later of the Annuity anniversary coinciding with or next following the current Owner's [80]th birthday or the [5]th Annuity anniversary following the Effective Date of the Rider] More than One Owner: [Later of the Annuity anniversary coinciding with or next following the older current Owner's [80] th birthday or the [5] th Annuity anniversary following the Effective Date of the Rider] The Owner is not a natural person: [Later of the Annuity anniversary coinciding with or next following the current Annuitant's [80] th birthday or the [5] th Annuity anniversary following the Effective Date of the Rider] Frequency of each Anniversary: [One year] Charge for the Rider: [Assessed daily at the annual rate of [0.25]%] [Charge for the Rider that would apply if no other Options were elected: [0.35]%] Termination: [Elective termination is not available.] EX-99.4I 11 d18381_ex4i.txt EXHIBIT 4(i) PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY 751 BROAD STREET NEWARK, NEW JERSEY 07102 LONGEVITY CREDIT RIDER This Rider is made a part of your Annuity. If the terms of your Annuity and those of this Rider conflict, the provisions of this Rider shall control. This Rider is effective on the date your Annuity is effective. The following provision is made part of your Annuity: LONGEVITY CREDIT: We will apply a Longevity Credit to your Annuity based on the Longevity Credit Percentage ("Percentage") of [0.40%] at no cost to you. The Percentage is applied to the sum of all Purchase Payments for which the Contingent Deferred Sales Charge indicated in the Schedule has expired, minus the sum of all withdrawals. The Longevity Credit will be applied to your Account Value, on the [tenth (10th)] anniversary of the Annuity's Issue Date, and on every anniversary thereafter, or, if such anniversary falls on a day that is not a Valuation Day, the Longevity Credit will be applied on the next following Valuation Day. The Longevity Credit will be allocated in accordance with the Annuity's current Purchase Payment allocations. If the total of any withdrawals exceeds the total Purchase Payment(s), we will not apply the Longevity Credit to your Account Value. The Longevity Credit will not be applied once the Annuity is annuitized or surrendered, the Account Value is reduced to zero but the Annuity is still in force due to an optional benefit, or once we have received due proof of death without a request for spousal assumption. The Longevity Credit is applied if a spouse assumes the Annuity. The Longevity Credit will not be considered a Purchase Payment for the purpose of any calculation. In addition, the Longevity Credit will not be added to any death benefit or any optional benefit you purchase, unless those benefits are otherwise based upon the Account Value. PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY /s/ CLIFFORD E. KIRSCH [__________________________________] Secretary EX-99.4J 12 d18381_ex4j.txt EXHIBIT 4(j) PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY 751 BROAD STREET NEWARK, NEW JERSEY 07102 GUARANTEED MINIMUM PAYMENTS BENEFIT RIDER This Rider is made part of your Annuity. If the terms of the Annuity and those of this Rider conflict, the provisions of this Rider shall control. The Effective Date of the Rider: The Effective Date of this Rider is shown in the Schedule Supplement. Benefit: This Rider provides two optional ways for you to receive guaranteed minimum payments over time. An initial protected value ("Protected Value") described below upon which such payments to you are based is not set until the date of your first withdrawal. Delaying the date of the first withdrawal may increase the initial Protected Value. Payments are available as an income option ("Income Option") and a withdrawal option ("Withdrawal Option"). Both options continue simultaneously until and unless one of the options terminates as described below in Termination of Benefits. Before your Account Value is depleted, payments to you are withdrawals. If your Account Value is depleted (reduced to zero) and there are any remaining values, we pay a remaining value as guarantee payments ("Guarantee Payments"). The Income Option: The Income Option guarantees that, subject to the limits and conditions outlined in this Rider, each Annuity Year you may take, as one or multiple withdrawals, an income amount ("Annual Income Amount ") while this option continues. All or any portion of a withdrawal that exceeds the Annual Income Amount for that Annuity Year is considered excess income ("Excess Income"). Excess Income will reduce the Annual Income Amount in subsequent Annuity Years, as described below. The Withdrawal Option: The Withdrawal Option guarantees that, subject to the limits and conditions outlined in this Rider, each Annuity Year you may take a withdrawal amount that will be treated as receipt of a portion of the Protected Value while this option continues. This portion, whether taken as one or multiple withdrawals, is called the annual withdrawal amount ("Annual Withdrawal Amount"). Total withdrawals in an Annuity Year that do not exceed the Annual Withdrawal Amount will: (1) reduce the Protected Value by the amount of the withdrawal; and (2) will not change the Annual Withdrawal Amount in subsequent Annuity Years. All or any portion of a withdrawal that exceeds the remaining Annual Withdrawal Amount for that Annuity Year is considered an excess withdrawal ("Excess Withdrawal"). Excess Withdrawals will reduce the Protected Value and the Annual Withdrawal Amount as described below. Withdrawals: Withdrawals, for the purposes of this Rider, include any applicable contingent deferred sales charge or other charges applicable upon a withdrawal. If your Account Value is depleted and any remaining benefit is still due under one of this Rider's options, we make one or more Guarantee Payments from our general account, as described below in the Guarantee Payments section. Initial Values: The initial Protected Value, initial Annual Withdrawal Amount and initial Annual Income Amount are set as of the date of the first withdrawal from your Annuity. The initial Protected Value is the highest of the following values: (1) the Account Value on the date of the first withdrawal, prior to such first withdrawal; (2) the roll-up value ("Roll-Up Value") on the date of such first withdrawal. The Roll-Up Value equals (a) plus (b), where: (a) is your Account Value on the Effective Date of the Rider increasing daily at the Roll-Up Rate shown in the Schedule Supplement until the earlier of the date we stop increasing the Roll-Up Value, as shown in the Schedule Supplement, and the date of such first withdrawal; and (b) each adjusted Purchase Payment ("Adjusted Purchase Payment") received after the Effective Date of the Rider and before such first withdrawal, increasing daily at the Roll-Up Rate from the date each Purchase Payment is received at our Office to the earlier of the date we stop increasing the Roll-Up Value and the date of such first withdrawal. Adjusted Purchase Payments are Purchase Payments increased by any Credits applied to your Account Value in relation to Purchase Payments and decreased by any charges deducted from such Purchase Payments; and (3) the ratchet value ("Ratchet Value") on the date of such first withdrawal. The Ratchet Value is the highest measured Account Value ("Measured Account Value") on any of the Ratchet Value Measuring Dates shown in the Schedule Supplement. The Measured Account Value is the Account Value on a Ratchet Value Measuring Date plus any Adjusted Purchase Payments received at our Office after that Ratchet Value Measuring Date to the date of such first withdrawal. The initial Annual Income Amount is determined by applying the Annual Income Percentage shown in the Schedule Supplement to the initial Protected Value. The initial Annual Withdrawal Amount equals the Annual Withdrawal Percentage shown in the Schedule Supplement applied to the initial Protected Value. Subsequent Values: As described below, the Annual Income Amount, the Protected Value and Annual Withdrawal Amount are subject to change as a result of withdrawals, any required minimum distributions, additional Purchase Payments, and step-ups. Impact of Withdrawals: Withdrawals reduce the Protected Value until it is depleted. Withdrawals simultaneously reduce the remaining Annual Income Amount and the Annual Withdrawal Amount available during an Annuity Year. Effect of Withdrawals on Annual Income Amounts: Withdrawals in an Annuity Year that in total do not exceed the Annual Income Amount for that Annuity Year do not reduce the Annual Income Amount in subsequent Annuity Years. Each withdrawal of Excess Income that occurs once you have withdrawn that Annuity Year's Annual Income Amount reduces the Annual Income Amount proportionately. That proportional reduction is calculated by multiplying the Annual Income Amount by the ratio of the Excess Income to the Account Value immediately subsequent to the withdrawal of any Annual Income Amount and prior to the withdrawal of the Excess Income (even if both withdrawals occurred in the same day). Effect of Withdrawals on Annual Withdrawal Amounts: Withdrawals in an Annuity Year that in total do not exceed the Annual Withdrawal Amount for that Annuity Year do not reduce the Annual Withdrawal Amount in subsequent Annuity Years. Each Excess Withdrawal that occurs once you have withdrawn that Annuity Year's Annual Withdrawal Amount reduces the Annual Withdrawal Amount proportionately. That proportional reduction is calculated by multiplying the Annual Withdrawal Amount by the ratio of the Excess Withdrawal to the Account Value immediately subsequent to the withdrawal of any Annual Withdrawal Amount and prior to the withdrawal of the Excess Withdrawal Amount (even if both withdrawals occurred in the same day). Effect of Withdrawals on Protected Value: Withdrawals in an Annuity Year of the Annual Income Amount plus any Excess Income that in total do not exceed the then current Annual Withdrawal Amount reduce any remaining Protected Value by the amount of those withdrawals until the Protected Value is depleted. Each Excess Withdrawal that occurs once you have withdrawn that Annuity Year's Annual Withdrawal Amount reduces the Protected Value until it is depleted by the greater of: (1) a proportional reduction calculated by multiplying the Protected Value by the ratio of the Excess Withdrawal to the Account Value immediately subsequent to the withdrawal of the Annual Withdrawal Amount and prior to such withdrawal of the Excess Withdrawal Amount (even if both withdrawals occurred in the same day); and (2) the amount of the Excess Withdrawal. Withdrawal Flexibility: Withdrawals are not required. However, the Annual Income Amount is not increased in subsequent Annuity Years if you decide not to take a withdrawal in an Annuity Year or take withdrawals in an Annuity Year that in total are less than the Annual Income Amount. Similarly, the Annual Withdrawal Amount is not increased in subsequent Annuity Years if you decide not to take a withdrawal in an Annuity Year or take withdrawals in an Annuity Year that in total are less than the Annual Withdrawal Amount. Required Minimum Distributions: Either or both of the Annual Income Amount and the Annual Withdrawal Amount will be increased for any Annuity Year to the extent necessary in that Annuity Year to meet any required minimum distribution requirement pursuant to the Internal Revenue Code of 1986, as amended from time to time, and the regulations promulgated thereunder. This increase applies only in relation to the required minimum distribution based on the value of your Annuity. Additional Purchase Payments after your First Withdrawal: Before your Account Value is depleted, you may make additional Purchase Payments. The increase to the Annual Income Amount resulting from each Purchase Payment equals the Annual Income Percentage applied to the Adjusted Purchase Payment. The increase to the Protected Value resulting from each Purchase Payment equals the Adjusted Purchase Payment. The increase to the Annual Withdrawal Amount resulting from each Purchase Payment equals the Annual Withdrawal Percentage applied to the Adjusted Purchase Payment. Purchase Payment(s) Limitation: We may limit any subsequent Purchase Payment(s) if we determine that as a result of the timing and amounts of your subsequent Purchase Payments and withdrawals, the Annual Income Amount and Annual Withdrawal Amount are being increased in an unintended fashion. Among the factors we will use in making a determination as to whether an action is designed to artificially increase the Annual Income Amount and Annual Withdrawal Amount is the relative size of subsequent Purchase Payment(s). We reserve the right to not accept subsequent Purchase Payments for new business purposes. We will exercise such reservation of right for all annuity purchasers in the same class in a nondiscriminatory manner. Step-Ups: A step-up will increase the Protected Value to equal the current Account Value if it then exceeds the current Protected Value. A step-up also may increase the Annual Income Amount and the Annual Withdrawal Amount, as described below. Your first request for a step-up may be made at any time after your first withdrawal and the step-up waiting period shown in the Schedule Supplement. Once a step-up occurs, a new step-up waiting period applies, and you may again step up at any time after such a subsequent waiting period expires. As described below, a step-up may affect the charge for this Rider. You must submit your request to step up in Good Order. Upon your request, the Annual Income Amount steps up to equal the Account Value multiplied by the Annual Income Percentage if the result then exceeds the current Annual Income Amount. The Annual Withdrawal Amount steps up to equal the Account Value multiplied by the Annual Withdrawal Percentage if the result then exceeds the current Annual Withdrawal Amount. Guarantee Payments: Once your Account Value is depleted, we subsequently make one or more Guarantee Payments if there is any Annual Income Amount due in subsequent Annuity Years or any remaining Protected Value. The only provisions of your Annuity that subsequently remain in effect are those that relate to such Guarantee Payments. In the Annuity Year your Account Value is depleted, the only Guarantee Payment due, if any, generally equals the Annual Income Amount not yet withdrawn in that Annuity Year. In subsequent Annuity Years, the Guarantee Payment equals the Annual Income Amount in effect as of the date the Account Value is depleted. However, in the Annuity Year your Account Value is depleted, the only Guarantee Payment due, if any, equals the Annual Withdrawal Amount as of the beginning of that Annuity Year less all withdrawals in that Annuity Year if: (1) the Annual Income Amount is reduced by the impact of Excess Income to zero as of the date your Account Value is depleted; or (2) you elect to receive Guarantee Payments until the Protected Value is depleted based on the Annual Withdrawal Amount as of the date the Account Value is depleted. You must make such an election by submitting a request to our Office in a form acceptable to us before we send you any Guarantee Payment. If you have made such an election or the Annual Income Amount due in subsequent Annuity Years is zero as of the date your Account Value is depleted, the Guarantee Payment in any subsequent Annuity Year is the Annual Withdrawal Amount in effect when the Account Value is depleted or any remaining Protected Value if less. Unless you request an alternate mode of payment we make available, we make such Guarantee Payments once each Annuity Year. We will commute any Guarantee Payments due and pay you a lump sum if the total Guarantee Payment due each Annuity Year is less than the Minimum Guarantee Payment shown in the Schedule Supplement. If Guarantee Payments are based on the Annual Income Amount, we commute the Guarantee Payments based on the greater of the then currently available annuity factors or the then currently available annuity factors of your Annuity for a fixed, single life annuity. If Guarantee Payments are based on the Annual Withdrawal Amount, we pay you the remaining Protected Value. We will charge against Guarantee Payments any applicable premium taxes paid to any governmental entity on the basis of Guarantee Payments we may make. Annuity Payments: If annuity payments are to begin under the terms of your Annuity, you can elect to either: (1) apply your Account Value to any annuity option available in the Annuity Payments section of your Annuity; or (2) request that, as of the date annuity payments are to begin, we make annuity payments each year equal to the Annual Income Amount. We make such annuity payments until the Annuitant's death; or (3) request that, as of the date annuity payments are to begin, we pay out any remaining Protected Value as annuity payments. Each year such annuity payments will equal the Annual Withdrawal Amount or the remaining Protected Value if less. We make such annuity payments until the earlier of the Annuitant's death or the date the Protected Value is depleted. We must receive your request in Good Order at our Office. If annuity payments are to begin under the terms of your Annuity and you have not made an election, we will make annual annuity payments as a single life fixed annuity with five payments certain using the greater of the annuity rates then currently available or the annuity rates guaranteed in your Annuity. The annual guaranteed annuity rates for a single life fixed annuity with a five-year period certain are shown in the Annuity Payment Table in the Schedule Supplement. The amount that will be applied to provide such annuity payments will be the greater of: (1) the present value of future Annual Income Amount payments. Such present value will be calculated using the greater of the single life fixed annuity rates then currently available or the single life fixed annuity rates guaranteed in your Annuity; and (2) the Account Value. If no withdrawal was ever taken, we will determine a Protected Value and calculate an Annual Income Amount and an Annual Withdrawal Amount as if you made your first withdrawal on the date annuity payments are to begin. Minimum Surrender Value: Any provision in your Annuity requiring there be a minimum Surrender Value or Account Value as of the date of any withdrawal is waived while this Rider is in effect. Investment Limitations: As part of the consideration for the benefit provided by this Rider, we may limit the investment options in which you may allocate Account Value, require that you invest in only certain investment options or require that you maintain all or a portion of your Account Value in accordance with an asset allocation model. At any time until this Rider is terminated, these requirements may be implemented, suspended or changed. This includes changing prohibited investment options, changing required investment options or changing the required limitation between one type of investment limitation and another. Any limitations are stated in the Supplemental Application for this benefit and will prevail without change until the time of a step-up. We reserve the right to change the investment limitations applicable to your Annuity at the time of a step-up. Any changes will first be approved by the Superintendent of Insurance. Any transfers resulting from our implementing or changing any investment limitations will not be counted in determining the number of free transfers made during an Annuity Year. Charge for the Rider: The charge is applied against the daily total value of each Sub-account in which Account Value is maintained in the Annuity of which this Rider is made a part. The charge is assessed each day at the daily equivalent of the applicable rate. On the Effective Date of this Rider, the applicable rate is as shown in the Schedule Supplement. Upon any step-up, we may increase the charge to that then applicable to new annuity purchasers of the same class of Annuity. This charge does not apply on or after any date we transfer your Account Value in order to begin annuity payments. Any charges in excess of the variable Sub-account balances will be waived. Designations: If you are a natural person, you must be named as the Annuitant. Any provision in the Annuity of which this Rider is made a part that provides for naming more than one Annuitant is hereby deleted. Continuation of this Rider after any changes to the Owner/Participant or Annuitant designation is only permitted with our consent. The term "Owner" may be referred to as "Participant" in your Annuity. For simplicity, the Participant is referred to as Owner in this Rider. Proof of Survival: Any Guarantee Payment is subject to evidence satisfactory to us that the Annuitant is then alive. We may withhold such Guarantee Payments until we receive such evidence or evidence satisfactory to us of the Annuitant's death. We credit interest on such withheld Guarantee Payments at the rate required by law. Should we subsequently determine the withheld Guarantee Payments are payable, we pay the withheld Guarantee Payments and interest credited in a lump sum. Facility of Payment: We reserve the right, in settlement of full liability, to make Guarantee Payments to a guardian, relative or other person if you are deemed to be legally incompetent, as permitted by law. Recovery of Excess Guarantee Payments: We may recover from you or your estate any Guarantee Payments made after the death of the Annuitant. Termination of Benefits: Benefits pursuant to this Rider terminate upon the first to occur of the following events: (1) we process a termination of this Rider. If your Annuity is otherwise still in effect, we will consider you to have elected to remain in any applicable asset allocation program then in effect unless you instruct us otherwise; (2) the date of the Annuitant's death; (3) if Account Value remains on the Annuity Date, the Annuity Date, or if earlier, the date we transfer all Account Value in order to begin annuity payments; (4) the Account Value is depleted and there is no Annual Income Amount due in subsequent Annuity Years, no Withdrawal Amount due in subsequent years, or no Protected Value; or (5) we process a request to change the Owner/Participant or Annuitant of the Annuity if we do not then consent to continue the Rider. PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY /s/ CLIFFORD E. KIRSCH [__________________________________] Secretary EX-99.4K 13 d18381_ex4k.txt EXHIBIT 4(k) PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY 751 BROAD STREET NEWARK, NEW JERSEY 07102 GUARANTEED MINIMUM PAYMENTS BENEFIT SCHEDULE SUPPLEMENT Annuity Number: [XXXXXXX] Effective Date of the Rider: [February 15, 2006] Roll-Up Rate: [5]% Date We Stop Increasing the Roll-Up Value: [The tenth anniversary of the Effective Date of the Rider] Ratchet Value Measuring Dates: [Each of the first ten anniversaries of the Annuity's Issue Date after the Effective Date of the Rider] Annual Income Percentage: [5]% Annual Withdrawal Percentage: [7]% Step-Up Waiting Period: [[3] years from the later of the date of the first withdrawal or the date of the most recent step-up] Minimum Guarantee Payment: [$100] Annuity Payment Table: The Annuity Payment Table below is used to compute the minimum annual amount of a life annuity payment with 5 payments certain per $1,000 applied. We used the Annuity 2000 Mortality Table, less two years, with projected mortality improvements (modified Scale G), and an interest rate of 3% per year in preparing the Annuity Payment Table.
Age Male Female Unisex Age Male Female Unisex 50 $ 45.16 $ 42.52 $ 43.06 75 $ 82.13 $ 74.48 $ 76.00 55 49.00 45.76 46.42 80 98.01 89.91 91.52 60 54.01 50.01 50.82 85 117.86 110.78 112.20 65 60.77 55.70 56.72 90 140.50 135.96 136.88 70 69.95 63.49 64.78 95 163.30 160.31 160.93
The factors in the Annuity Payment Table are based on the Annuitant's Adjusted Age and sex. The Adjusted Age is the Annuitant's age last birthday prior to the date on which the first Annuity payment is due, adjusted as shown in the "Translation of Adjusted Age Table" below. Translation of Adjusted Age Table
Calendar Year in Which Calendar Year in Which First Payment Is Due Adjusted Age First Payment Is Due Adjusted Age Prior to 2010 Actual Age 2050 through 2059 Actual Age minus 5 2010 through 2019 Actual Age minus 1 2060 through 2069 Actual Age minus 6 2020 through 2029 Actual Age minus 2 2070 through 2079 Actual Age minus 7 2030 through 2039 Actual Age minus 3 2080 through 2089 Actual Age minus 8 2040 through 2049 Actual Age minus 4 2090 through 2099 Actual Age minus 9
Charge for the Rider: [The daily equivalent of an annual rate of [0.60]%]
EX-99.4L 14 d18381_ex4l.txt EXHIBIT 4(l) PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY 751 BROAD STREET NEWARK, NEW JERSEY 07102 403(b) ANNUITY ENDORSEMENT This Endorsement is made a part of your Annuity. Your Annuity is amended at your request so that it may qualify as a Tax Deferred Annuity ("TDA") pursuant to Section 403(b) of the Internal Revenue Code of 1986, as amended (the "Code"). If the terms of this Endorsement conflict with the Annuity (including any schedules, endorsements, riders or amendments that are made a part of your Annuity), the provisions of this Endorsement shall control. This Endorsement contains numerous references to various Code sections, Treasury Regulations and Internal Revenue Service ("IRS") rulings and notices. Such references are subject to change and this Endorsement will follow the most current guidelines. Capitalized terms are as defined in the Annuity or this Endorsement. Any reference to specific limits, definitions, or tables under the Code or Treasury Regulations shall include any applicable successor or replacement limit, definition, or table. We may amend your Annuity or this Endorsement to comply with applicable tax requirements. Your consent to any such changes will be sought only if required by the state in which the Annuity was issued. Should you not consent to such changes, we will not continue your Annuity as qualifying under Section 403(b). This Endorsement supersedes any previous 403(b) Endorsement that may have been provided with your Annuity. Your Annuity and this Endorsement do not constitute a prototype, master plan or other document approved as to form or otherwise by the IRS. Exclusive Benefit - The Annuity is established for the exclusive benefit of you and any Beneficiary. Designated Beneficiary - Designated Beneficiary shall have the meaning provided under the Code and any applicable regulations. Owner/Participant - The term "Owner" may be referred to as "Participant" in your Annuity. Prohibition of Loans - Loans are not available. Any loan provision of your Annuity of which this Endorsement is made a part is hereby deleted. Limit of Liability - We will not incur any liability or be responsible for: (a) the timing, purpose or propriety of any contribution or distribution; (b) any tax or penalty imposed on account of any such contribution or distribution; or (c) any other failure, in whole or in part, by you or your employer to comply with the provisions set forth in the Code, ERISA, if applicable, or any other law. Code and Other Restrictions: 1. Restrictions on Designations -- The Annuitant may not be changed. You are the Annuitant. You may not name a Contingent Annuitant. Generally, you may at any time name or change a Beneficiary who will receive payments, if any are due, after your death (unless an irrevocable Beneficiary has previously been named or is required to be named by law). 2. Nontransferability -- This Annuity may not be sold, transferred, assigned, discounted, or pledged as collateral for a loan or as security for the performance of an obligation or for any other purpose, to any person other than Pruco Life Insurance Company of New Jersey. This Annuity is not transferable. The requirements of this section shall not be deemed to preclude a transfer under a "qualified domestic relations order" within the meaning of Code section 414(p). 3. Nonforfeitability -- Your interest in the Annuity may not be forfeited. 4. Limits on Contributions -- Contributions to this Annuity are subject to the following Contribution Limits: (a) Limits on Salary Reduction Contributions -- The contributions to this Annuity and any other 403(b) annuity or account by you which are made under a salary reduction agreement within the meaning of Code section 402(g)(3)(C), plus other elective deferrals to a 401(k) plan, a Code section 408(k) simplified employee pension ("SEP"), a Code section 408(p) simple retirement account ("SIMPLE"), or a Code section 501(c)(18) plan (to the extent excluded from income) may not exceed the applicable annual limit under Code section 402(g). In addition, in the case of contributions made pursuant to a salary reduction agreement, such agreement may be made only with respect to compensation which is not currently available. (b) Limits on Annual Additions -- Pre-tax contributions (elective deferrals) to this Annuity and such other 403(b) annuities or accounts or 401(a) plans, if any, as may be required to be aggregated with this Annuity for purposes of Code section 415, may not exceed the limit on annual additions under Code section 415. For purposes of this limit "compensation" shall be determined in accordance with Code section 403(b) rather than under Code section 415. (c) Limits on Catch-up Contributions -- If you will be age 50 or older by the end of the year, you may also be able to make additional "catch-up" contributions under Code section 414(v). You are eligible to make catch-up contributions if you have reached age 50 by the end of the year and the maximum amount of elective deferrals that can be made to your 403(b) Annuity have been made for the year. The total amount of catch-up contributions on your behalf to all plans maintained by your employer cannot be more than the annual limit under Code section 414(v) for the applicable year. (d) Your employer is solely responsible for applicable employment taxes, withholding and reporting with respect to any contributions, including contributions in excess of the Contribution Limits. You are responsible for maintaining records of any after-tax contributions made to the Annuity as a result of exceeding the Contribution Limits and for the correction and reporting of any excess annual additions that may be permissible under Treasury Regulation ss. 1.415-6(b)(6). If you or your employer notify us that any Purchase Payment has exceeded the limits of Code section 402(g) or any other applicable Code section, we may distribute amounts equal to such excess, together with income allocable thereto and net of allocable loss thereon, to you not later than the following April 15th. 5. Distributions -- Except to the extent otherwise permitted by Treasury Regulation or IRS rulings and notices, or other applicable law, Purchase Payments attributable to contributions made pursuant to a salary reduction agreement on or after January 1, 1989 cannot be distributed prior to your reaching age 59 1/2 unless such distribution is a result of your: (i) financial hardship (contributions only and no income attributable to such contributions may be distributed); (ii) severance from employment; (iii) death; or (iv) disability (within the meaning of the Code section 72(m)(7)). Should a distribution be requested, we reserve the right to require a representation as to any of the listed events in Good Order. In the case of an Annuity which is not part of an employee benefit plan subject to the requirements of Title 1 of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), the Annuitant's employer shall not be required to provide evidence with respect to such distribution other than to certify to us facts within the employer's knowledge as an employer, or to transmit to us another party's certification as to other facts. Distributions for your financial hardship or separation from service may be subject to an additional penalty tax as a premature distribution. 6. Transfers -- If the Annuity to which this Endorsement is attached was purchased as part of a transfer from a custodial account that qualified under Section 403(b)(7) of the Code or from an annuity which qualified under Section 403(b)(1) under the Code, this Annuity shall be subject to the same or, in the event of more than one transfer, more stringent distribution requirements as those applicable to them before the transfer, irrespective of any other provision of this Endorsement. Any transfer of amounts to or from this Annuity directly to or from another 403(b) shall comply with the requirements of IRS Revenue Ruling 90-24. Effective January 1, 2002, all or a portion of the value of your Annuity may be transferred directly to the trustee of a defined benefit governmental plan (as defined in Code Section 414(d)) if the transfer is: (A) for the purchase of permissive service credit (as defined in Code Section 415(n)(3)(A)) under such plan, or (B) a repayment to which Code Section 415 does not apply by reason of subsection (k)(3) thereof. 7. Direct Rollover -- If you (or another distributee entitled to receive any eligible rollover distribution from this Annuity) elect to have the distribution paid directly to an eligible retirement plan specified by you (or by such other distributee), then the distribution will be paid to that eligible retirement plan in a direct rollover. An election to have a distribution under this Annuity paid in the form of a direct rollover must be in such form and made at such time as we may prescribe. An "eligible rollover distribution" means any distribution of all or any portion of the balance to your credit in this Annuity, except that such term does not include: (a) Any distribution which is one of a series of substantially equal periodic payments (not less frequently than annually) made: i. for your life or your life expectancy; ii. based on the joint lives or life expectancies of you and your Designated Beneficiary; or iii. for a specified period of ten years or more; (b) Minimum distributions required under Code section 401(a)(9), as amended; (c) A distribution upon hardship of the employee; or (d) Corrective distributions of excess contributions or excess deferrals, and any income allocable to the excess, or excess annual additions and any allocable gains. You also may roll over, tax free, all or any part of a distribution from an eligible retirement plan to this Annuity. An eligible retirement plan is an individual retirement arrangement described in section 408(a) or (b) of the Code, another 403(b) annuity or account that accepts the distributee's eligible rollover distribution, a qualified retirement plan under Code section 401(a), a qualified annuity under Code section 403(a) or a governmental Code section 457(b) plan that agrees to separately account for amounts rolled over from other types of arrangements. In addition to you, a distributee under this Annuity entitled to receive an eligible rollover distribution includes your surviving Spouse, and your Spouse or former Spouse who is the alternate payee under a qualified domestic relations order, as defined in section 414(p) of the Code, with regard to the interest of such Spouse or former Spouse. An eligible rollover distribution does not include a direct Annuity-to-Annuity transfer pursuant to IRS Revenue Ruling 90-24. 8. Required Distributions -- You are required to start taking at least minimum distributions ("Required Minimum Distributions") by April 1 of the year following the later of the calendar year you: (1) reach age 70 1/2; or (2) retire (the "Required Beginning Date"). The entire value of the Annuity, as explained below, including any increases as required by Q&A 14 of section 1.401(a)(9)-6 of the Income Tax Regulations and the amount of any outstanding rollover, transfer and recharacterization under Q&As-7 and 8 of section 1.408-8 of the Income Tax Regulations, must be distributed or begin to be distributed no later than the Required Beginning Date. All Required Minimum Distributions will be subject to the minimum distribution incidental benefit rule under Sections 401(a)(9)(G) and 403(b)(10) of the Code, as amended, and applicable Income Tax Regulations. The contingent deferred sales charge will not apply to a withdrawal if your Annuity is tax qualified and you must satisfy a Required Minimum Distribution requirement. Prior to the Required Beginning Date, you may elect to have the balance in the Annuity distributed in the form of annuity payments under one of the following methods or any other method we may make available at such time that meets the requirements of the Code and the underlying regulations: (a) a lump sum payment; (b) payments over your life; (c) payments over your life and the life of the Designated Beneficiary; (d) payments over a specified period that may not be longer than your life expectancy; (e) payments over a specified period that may not be longer than the joint life and last survivor expectancy of your and the Designated Beneficiary. After the Annuity Date, distributions must be in the form of periodic payments and must be either nonincreasing or may increase only as provided in Q&A 14 of section 1.401(a)(9)-6 of the Temporary Income Tax Regulations or any successor regulations. If by the Required Beginning Date, you have not elected annuity payments under one of the available methods you must begin taking Required Minimum Distributions from this Annuity or another Code section 403(b) account or annuity equal to the quotient obtained by dividing the portion of your Annuity value comprised of Purchase Payments and earnings after December 31, 1986 ("Post-1986 Amounts") under this Annuity as of the end of the preceding year by the distribution period in the Uniform Lifetime Table in Q&A-2 of section 1.401(a)(9)-9 of the Income Tax Regulations, using your age as of your birthday in the applicable year. If the sole Designated Beneficiary of the Annuity is your surviving Spouse and such Spouse is more than 10 years younger than you, you may elect to have the distribution period determined under the Joint and Last Survivor Table in Q&A-3 of section 1.401(a)(9)-9, using the ages as of your and your Spouse's birthdays in the applicable year. The portion of your Annuity comprised of Purchase Payments and earnings prior to January 1, 1987, is subject to mandatory distribution rules in accordance with applicable IRS guidance when you attain age 75. We reserve the right to assess a contingent deferred sales charge against amounts in excess of the Required Minimum Distribution amount calculated for this Annuity as described above. Required Minimum Distributions must be made in intervals of no longer than one year. The Required Minimum Distribution rules supersede the Annuity Date and annuity options provisions of the Annuity to the extent indicated. The portion of your Annuity value comprised of Post-1986 Amounts must be distributed or commence to be distributed no later than the Required Beginning Date. To the extent permitted under IRS Notice 88-38, Treasury Regulations section 1.403(b)-3 and any successor rules or regulations of the IRS, you may satisfy the Required Minimum Distribution rules under the applicable sections of the Code by receiving a distribution from one 403(b) account or annuity that is equal to the amount required to satisfy the Required Minimum Distribution rules for two or more 403(b) accounts or annuities. The Required Minimum Distribution amounts applicable to your particular situation may depend on other annuities, savings or investments of which we are unaware, so that the required amount may be greater than the Required Minimum Distribution amount we calculate based on the value of your Annuity. Determination of the amount and time of distributions in order to satisfy such requirements is solely your responsibility. We calculate Required Minimum Distributions only with respect to this Annuity. 9. Distributions Upon or After the Death of the Owner a) Death On or After the Required Beginning Date - If your death occurs on or after the Required Beginning Date (and section 2 below does not apply), the remaining portion of your interest will be distributed at least as rapidly as follows: i. If a Designated Beneficiary is someone other than your surviving Spouse, the remaining interest will be distributed over the remaining life expectancy of the Designated Beneficiary, with such life expectancy determined using the Beneficiary's age as of his or her birthday in the calendar year following the calendar year of your death, or over a period described in paragraph 9(a)(iii) below if longer. ii. If the sole Designated Beneficiary is your surviving Spouse, the remaining interest will be distributed over such Spouse's life expectancy or over the period described in paragraph 9(a)(iii) below if longer. Any interest remaining after such Spouse's death will be distributed over such Spouse's remaining life expectancy determined using the Spouse's age as of his or her birthday in the calendar year of the Spouse's death, or, if the distributions are being made over the period described in paragraph 9(a)(iii) below, over such period. iii. If there is no Designated Beneficiary, or if applicable by operation of paragraph 9(a)(i) or 9(a)(ii) above, the remaining interest will be distributed over your remaining life expectancy determined using your age as of your birthday in the calendar year of your death. iv. The amount to be distributed each year under paragraph 9(a)(i), 9(a)(ii) or 9(a)(iii) beginning with the calendar year following the calendar year of your death, is the quotient obtained by dividing the value of the IRA as of the end of the preceding year by the remaining life expectancy specified in such paragraph. Life expectancy is determined using the Single Life Table in Q&A-1 of section 1.401(a)(9)-9 of the Income Tax Regulations. v. If the distributions are being made to a surviving Spouse as the sole Designated Beneficiary, such Spouse's remaining life expectancy for a calendar year is the number in the Single Life Table corresponding to such Spouse's age in the applicable year. In all other cases, remaining life expectancy for a calendar year is the number in the Single Life Table corresponding to the Beneficiary's or individual's age in the calendar year specified in paragraph 9(a)(i), 9(a)(ii) or 9(a)(iii) and reduced by 1 for each subsequent year. In most cases, distributions under any option chosen can be taken more rapidly than is required under the Code. b) Death After Annuity Payments Commence - If distributions irrevocably commenced (except for acceleration) to you over a period permitted and in an annuity form acceptable under Q&A-2 of section 1.401(a)(9)-6 of the Income Tax Regulations, benefits will continue to be paid at least as rapidly as under the distribution method then in effect. c) Death Before the Required Beginning Date - If your death occurs before the Required Beginning Date and distributions have not irrevocably commenced (except for acceleration) to you over a period permitted and in an annuity form acceptable under Q&A-2 of section 1.401(a)(9)-6 of the Income Tax Regulations, your entire interest in the Annuity will become payable upon receipt of due proof of death under one of the alternative methods described below or made available by us at such time: i. If the Designated Beneficiary is someone other than your surviving Spouse, the entire interest will be distributed, starting by the end of the calendar year following the calendar year of your death, over the remaining life expectancy of the Designated Beneficiary, with such life expectancy determined using the age of the Beneficiary as of his or her birthday in the calendar year following the calendar year of your death, or, if elected, in accordance with paragraph 9(c)(iii) below. ii. If the sole Designated Beneficiary is your surviving Spouse, the entire interest will be distributed, starting by the end of the calendar year following the calendar year of your death (or by the end of the calendar year in which you would have attained age 70 1/2, if later), over such Spouse's life , or, if elected, in accordance with paragraph 9(c)(iii) below. If the surviving Spouse dies before distributions are required to begin, the remaining interest will be distributed, starting by the end of the calendar year following the calendar year of the Spouse's death, over the Spouse's Designated Beneficiary's remaining life expectancy determined using such Beneficiary's age as of his or her birthday in the calendar year following the death of the Spouse, or, if elected, will be distributed in accordance with paragraph 10(c)(iii) below. If the surviving Spouse dies after distributions are required to begin, any remaining interest will be distributed over the Spouse's remaining life expectancy determined using the Spouse's age as of his or her birthday in the year of the Spouse's death. iii. If there is no Designated Beneficiary, or if applicable by operation of paragraph 9(c)(i) or 9(c)(ii) above, the entire interest will be distributed by the end of the calendar year containing the fifth anniversary of your death (or of the Spouse's death in the case of the surviving Spouse's death before distributions are required to begin under paragraph 9(c)(ii) above). iv. The amount to be distributed each year under paragraph 10(c)(i) or 10(c)(ii) is the quotient obtained by dividing the value of the IRA as of the end of the preceding year by the remaining life expectancy specified in such paragraph. Life expectancy is determined using the Single Life Table in Q&A-1 of section 1.401(a)(9)-9 of the Income Tax Regulations. If distributions are being made to a surviving Spouse as the sole Designated Beneficiary, such Spouse's remaining life expectancy for a calendar year is the number in the Single Life Table corresponding to such Spouse's age in the applicable calendar year. In all other cases, remaining life expectancy for a year is the number in the Single Life Table corresponding to the Beneficiary's age in the calendar year specified in paragraph 9(c)(i) or 9(c)(ii) and reduced by 1 for each subsequent year. v. A lump sum distribution. This option must be exercised by the end of the calendar year containing the fifth anniversary of your death. You may elect the method. If no choice is made, the Designated Beneficiary may make the election. Except as noted below, if no election is made on or before December 31 of the calendar year immediately following the calendar year of your death, the amount to be distributed will be payable immediately thereafter pursuant to paragraph 9(c)(iii). 11. Coverage and Nondiscrimination Rules -- To the extent that amounts paid to this Annuity are subject to the coverage and nondiscrimination requirements of Code section 403(b)(12), your employer is solely responsible for compliance with such requirements. 12. ERISA -- If this Annuity is part of an employee benefit plan which is subject to Title 1 of ERISA, or if this Annuity contains amounts transferred from a plan which was subject to Title 1 of ERISA, your employer shall take all such actions as are necessary to assure that the Annuity is administered in compliance therewith, including but not limited to compliance with the reporting and disclosure requirements of ERISA, and that any distributions from this Annuity or from such transferred amounts, as applicable, and any Beneficiary designations, shall be subject to the joint and survivor annuity requirements and preretirement survivor annuity requirements of ERISA section 205. We are under no obligation to determine whether Title 1 of ERISA is applicable to the Annuity. Any determination in that regard shall be the sole responsibility of your employer, and we shall be entitled to rely on that determination by your employer. We are entitled to regard the Annuity as not subject to Title 1 of ERISA unless we receive notification in Good Order stating otherwise by your employer. 13. Annuity Table -- This Endorsement amends your Annuity as follows: (a) All references to sex differentiation are eliminated. (b) The following Option 2 Annuity Table replaces the corresponding Annuity Table currently appearing in your Annuity. The Annuity Payment Table below is used to compute the minimum monthly amount of a life annuity payment with 10 payments certain per $1,000 applied. We used Annuity 2000 Valuation Mortality Table, less two years, with projected mortality improvements (modified scale G), and an interest rate of [3]% per year in preparing the Annuity Payment Table. Option 2 - Life Income Annuity with 120 Months Certain Period
- ------------------------------------------------------------------------ Table 3 - Fixed Life Income Annuity with 120 Months Certain Period - ------------------------------------------------------------------------ Adjusted Monthly Adjusted Monthly Adjusted Monthly Age Rate Age Rate Age Rate - ------------------------------------------------------------------------ [41 3.28 61 4.39 81 7.40 - ------------------------------------------------------------------------ 42 3.32 62 4.48 82 7.60 - ------------------------------------------------------------------------ 43 3.35 63 4.58 83 7.79 - ------------------------------------------------------------------------ 44 3.39 64 4.68 84 7.98 - ------------------------------------------------------------------------ 45 3.43 65 4.79 85 8.16 - ------------------------------------------------------------------------ 46 3.47 66 4.90 86 8.33 - ------------------------------------------------------------------------ 47 3.51 67 5.02 87 8.49 - ------------------------------------------------------------------------ 48 3.55 68 5.15 88 8.64 - ------------------------------------------------------------------------ 49 3.60 69 5.28 89 8.78 - ------------------------------------------------------------------------ 50 3.65 70 5.42 90 8.90 - ------------------------------------------------------------------------ 51 3.70 71 5.57 91 9.01 - ------------------------------------------------------------------------ 52 3.76 72 5.72 92 9.11 - ------------------------------------------------------------------------ 53 3.81 73 5.89 93 9.20 - ------------------------------------------------------------------------ 54 3.87 74 6.06 94 9.27 - ------------------------------------------------------------------------ 55 3.93 75 6.23 95 9.34] - ------------------------------------------------------------------------ 56 4.00 76 6.42 - ------------------------------------------------------------------------ 57 4.07 77 6.61 - ------------------------------------------------------------------------ 58 4.14 78 6.80 - ------------------------------------------------------------------------ 59 4.22 79 7.00 - ------------------------------------------------------------------------ 60 4.30 80 7.20 - ------------------------------------------------------------------------
PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY /s/ CLIFFORD E. KIRSCH [__________________________________] Secretary
EX-99.4M 15 d18381_ex4m.txt EXHIBIT 4(m) PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY 751 BROAD STREET NEWARK, NEW JERSEY 07102 INDIVIDUAL RETIREMENT ANNUITY ENDORSEMENT This Endorsement is made a part of your Annuity. Your Annuity is amended at your request so that it may qualify as an Individual Retirement Annuity ("IRA") under Section 408 of the Internal Revenue Code, as amended (the "Code"). If the terms of this Endorsement conflict with the Annuity (including any schedules, endorsements, riders or amendments that are made a part of your Annuity), the provisions of this Endorsement shall control. This Endorsement contains numerous references to various Code sections, Income Tax Regulations and Internal Revenue Service ("IRS") rulings and notices. Such references are subject to change and this Endorsement will follow the most current guidelines. Capitalized terms are as defined in the Annuity or this Endorsement. Any reference to specific limits, definitions, or tables under the Code or Income Tax Regulations shall include any applicable successor or replacement limit, definition, or table. We may amend your Annuity or this Endorsement to comply with applicable tax requirements. Your consent to any such changes will be sought only if required by the state in which the Annuity was issued. Should you not consent to such changes, you may not continue the Annuity as an IRA. This Endorsement supersedes any previous IRA Endorsement that may have been provided with your Annuity. Your Annuity and this Endorsement do not constitute a plan document. Should you exercise the Right to Cancel provision of your Annuity within seven (7) days after you receive your Annuity, you will receive a refund. The refund will be equal to the greater of: (1) a full refund of the Purchase Payment and (2) the current Account Value of the Annuity. After seven (7) days, the terms of your right to cancel will revert back to the terms of the Right to Cancel provision of your Annuity. Please refer to the Right to Cancel provision of your Annuity for additional information. Exclusive Benefit - The Annuity is established for the exclusive benefit of you and any Beneficiary. Designated Beneficiary - Designated Beneficiary shall have the meaning provided under the Code and any applicable regulations. Owner/Participant - The term "Owner" may be referred to as "Participant" in your Annuity. Except where otherwise indicated or required by law, references to "you" or "your" in this Endorsement shall be understood to mean the IRA Owner or a surviving Spouse that elects to treat the Annuity as his or her own IRA. Prohibition of Loans - Loans are not available. Any loan provision of your Annuity of which this Endorsement is made a part is hereby deleted. Code and Other Restrictions: 1. Restrictions on Designations - The "IRA Owner" is an individual who is the sole Owner, the Annuitant, and a measuring life. These designations may not be changed except as permitted by law. The IRA Owner may name a Contingent Annuitant only where the Contingent Annuitant is also the Designated Beneficiary. 2. Nontransferability - This Annuity may not be sold, transferred, assigned, discounted, or pledged as collateral for a loan or as security for the performance of an obligation or for any other purpose, to any person other than Pruco Life Insurance Company of New Jersey. This Annuity is not transferable. The requirements of this section shall not be deemed to preclude a transfer to a Spouse or former Spouse under a divorce or separation instrument. 3. Nonforfeitability - Your interest in the Annuity, and that of any Beneficiary following your death, may not be forfeited. 4. Annuity Option - If you choose an annuity option, it must provide payments that will at least equal the required minimum distributions under the Code. The distribution period chosen cannot exceed the periods specified in section 1.401(a)(9)-6 of the Income Tax Regulations. After the IRA Owner's death, all payments made under an annuity option providing payments based on joint lives must be made to the surviving measuring life while the surviving measuring life is alive. Contributions 1. Maximum Permissible Amount - A contribution permitted under the Annuity ("Contribution") is an amount paid to us in cash which, except as noted below, does not exceed $4,000 for any taxable year beginning in 2005 through 2007; $5,000 for any taxable year beginning in 2008 and years thereafter. After 2008, the limit will be adjusted by the Secretary of the Treasury for cost-of-living increases under Code section 219(b)(5)(C). Such adjustments will be made in multiples of $500. A Contribution in the form of a non-taxable transfer or a rollover as described in Code sections 402(c), 402(e)(6), 403(a)(4), 403(b)(8), 403(b)(10), 408(d)(3) and 457(e)(16) or a contribution made in accordance with the terms of a Simplified Employee Pension under Code section 408(k) is not subject to the contribution limits described above. No contributions will be accepted under a SIMPLE IRA plan established by any employer pursuant to Section 408(p) of the Code. Also, no transfer or rollover of funds attributable to contributions made by a particular employer under its SIMPLE IRA plan will be accepted from a SIMPLE IRA, that is, an IRA used in conjunction with a SIMPLE IRA plan, prior to the expiration of the 2-year period beginning on the date the individual first participated in that employer's SIMPLE IRA plan. Finally, no contributions will be accepted from a Designated Beneficiary under an inherited IRA (other than a surviving Spouse that has elected to treat the Annuity as his or her own IRA). In the case of an individual who is 50 or older, the annual cash contribution limit is increased by $500 for 2005; and $1,000 for any taxable year beginning in 2006 and years thereafter. 2. Refund of contributions - Any refund of contributions (other than those attributable to excess contributions) will be applied before the close of the calendar year following the year of the refund toward the payment of future contributions or the purchase of additional benefits. Distributions 1. Required Minimum Distributions - Required minimum distributions ("Minimum Distributions") shall be made in accordance with the requirements of Code section 408(b)(3), including the incidental death benefit requirements of Code section 401(a)(9)(G), and the corresponding regulations, the provisions of which are incorporated herein by reference. The Minimum Distribution amounts applicable to you may depend on other annuities, savings or investments of which we are unaware. Required Minimum Distributions must be calculated separately for each IRA. However, you may satisfy the Minimum Distribution requirements under the applicable sections of the Code by receiving a distribution from one IRA that is equal to the amount required to satisfy the minimum Distribution Requirements for other IRAs. We calculate required Minimum Distributions only with respect to this Annuity. You may elect to have the Minimum Distribution paid out monthly, quarterly, semi-annually or annually. Required Minimum Distributions must be made in intervals of no longer than one year. The entire interest under the Annuity, including any increases as required by Q&A 14 of section 1.401(a)(9)-6 of the Income Tax Regulations and the amount of any outstanding rollover, transfer and recharacterization under Q&As-7 and 8 of section 1.408-8 of the Income Tax Regulations, must be distributed or begin to be distributed no later than April 1 following the calendar year in which you attain age 70 1/2 or such later date as permitted by law ("Required Beginning Date"). The first required payment can be made as late as the Required Beginning Date and must be the payment that is required for one payment interval. The second payment need not be made until the end of the next payment interval. Each Minimum Distribution will be taken from the allocation options you select. Your selection may be subject to any investment and/or withdrawal limitations applicable to any benefit or program in which you participate under the Annuity. However, the portion of any Minimum Distribution that can be taken from any Fixed Rate Options or MVA Options may not exceed the then current ratio between your Account Value in all Fixed Rate Options or MVA Options you maintain and your total Account Value. The liquidity factor in the MVA formula shown in your Annuity is not applied to any portion of Minimum Distributions taken from MVA Options. No contingent deferred sales charge is assessed against amounts withdrawn as part of a program designed to distribute Minimum Distributions over your life or life expectancy, but only to the extent of the Minimum Distribution required to be distributed from your Annuity at the time it is taken. The contingent deferred sales charge may apply to additional amounts withdrawn to meet Minimum Distribution requirements in relation to other retirement programs you may maintain. Amounts withdrawn as Minimum Distributions are considered to come first from the amounts available as a free withdrawal as of the date of the yearly calculation of the Minimum Distribution amount. Minimum Distributions over that amount to meet the requirements based on your Annuity are not deemed to be a liquidation of Purchase Payments. Prior to the Required Beginning Date, you may elect to have the balance in the Annuity distributed under one of the following methods or any other method we may make available at such time that meets the requirements of the Code and the underlying regulations: (f) a lump sum payment; (g) payments over your life; (h) payments over your life and the life of a Designated Beneficiary; (i) payments over a specified period that may not be longer than your life expectancy; (j) payments over a specified period that may not be longer than the joint life and last survivor expectancy of you and the Designated Beneficiary. After the Annuity Date, distributions must be in the form of periodic payments and must be either nonincreasing or may increase only as provided in Q&A 14 of section 1.401(a)(9)-6 of the Income Tax Regulations. If by the Required Beginning Date, you have not elected annuity payments under one of the available methods, you must begin taking Minimum Distributions from this IRA or another savings vehicle subject to the Minimum Distribution requirements equal to the quotient obtained by dividing the entire interest under the IRA as of the end of the preceding year by the distribution period in the Uniform Lifetime Table in Q&A-2 of section 1.401(a)(9)-9 of the Income Tax Regulations, using your age as of your birthday in the applicable year. If the sole Designated Beneficiary of the IRA is your surviving Spouse and such Spouse is more than 10 years younger than you, you may elect to have the distribution period determined under the Joint and Last Survivor Table in Q&A-3 of section 1.401(a)(9)-9, using the ages as of your and your Spouse's birthdays in the applicable year. 2. Distributions Upon or After the Death of the Owner (a) Death On or After the Required Beginning Date - If your death occurs on or after the Required Beginning Date (and paragraph (c) below does not apply), the remaining portion of your interest will be distributed at least as rapidly as follows: (i) If a Designated Beneficiary is someone other than your surviving Spouse, the remaining interest will be distributed over the remaining life expectancy of the Designated Beneficiary, with such life expectancy determined using the Beneficiary's age as of his or her birthday in the calendar year following the calendar year of your death, or over a period described in paragraph 2(a)(iii) below if longer. (ii) If the sole Designated Beneficiary is your surviving Spouse, the remaining interest will be distributed over such Spouse's life expectancy or over the period described in paragraph 2(a)(iii) below if longer. Any interest remaining after such Spouse's death will be distributed over such Spouse's remaining life expectancy determined using the Spouse's age as of his or her birthday in the calendar year of the Spouse's death, or, if the distributions are being made over the period described in paragraph 2(a)(iii) below, over such period. (iii) If there is no Designated Beneficiary, or if applicable by operation of paragraph 2(a)(i) or 2(a)(ii) above, the remaining interest will be distributed over your remaining life expectancy determined using your age as of your birthday in the calendar year of your death. (iv) The amount to be distributed each year under paragraph 2(a)(i), 2(a)(ii) or 2(a)(iii) beginning with the calendar year following the calendar year of your death, is the quotient obtained by dividing the value of the IRA as of the end of the preceding year by the remaining life expectancy specified in such paragraph. Life expectancy is determined using the Single Life Table in Q&A-1 of section 1.401(a)(9)-9 of the Income Tax Regulations. (v) If the distributions are being made to a surviving Spouse as the sole Designated Beneficiary, such Spouse's remaining life expectancy for a calendar year is the number in the Single Life Table corresponding to such Spouse's age in the applicable year. In all other cases, remaining life expectancy for a calendar year is the number in the Single Life Table corresponding to the Beneficiary's or individual's age in the calendar year specified in paragraph 2(a)(i), 2(a)(ii) or 2(a)(iii) and reduced by 1 for each subsequent year. In most cases, distributions under any option chosen can be taken more rapidly than is required under the Code. (b) Death After Annuity Payments Commence - If distributions irrevocably commenced (except for acceleration) to you over a period permitted and in an annuity form acceptable under Q&A-2 of section 1.401(a)(9)-6 of the Income Tax Regulations, benefits will continue to be paid at least as rapidly as under the distribution method then in effect. (c) Death Before the Required Beginning Date - If your death occurs before the Required Beginning Date and distributions have not irrevocably commenced (except for acceleration) to you over a period permitted and in an annuity form acceptable under Q&A-2 of section 1.401(a)(9)-6 of the Income Tax Regulations, your entire interest in the Annuity will become payable upon receipt of due proof of death under one of the alternative methods described below or made available by us at such time: (i) If the Designated Beneficiary is someone other than your surviving Spouse, the entire interest will be distributed, starting by the end of the calendar year following the calendar year of your death, over the remaining life expectancy of the Designated Beneficiary, with such life expectancy determined using the age of the Beneficiary as of his or her birthday in the calendar year following the calendar year of your death, or, if elected, in accordance with paragraph 2(c)(iii) below. (ii) If the sole Designated Beneficiary is your surviving Spouse, the entire interest will be distributed, starting by the end of the calendar year following the calendar year of your death (or by the end of the calendar year in which you would have attained age 70 1/2, if later), over such Spouse's life , or, if elected, in accordance with paragraph 2(c)(iii) below. If the surviving Spouse dies before distributions are required to begin, the remaining interest will be distributed, starting by the end of the calendar year following the calendar year of the Spouse's death, over the Spouse's Designated Beneficiary's remaining life expectancy determined using such Beneficiary's age as of his or her birthday in the calendar year following the death of the Spouse, or, if elected, will be distributed in accordance with paragraph 2(c)(iii) below. If the surviving Spouse dies after distributions are required to begin, any remaining interest will be distributed over the Spouse's remaining life expectancy determined using the Spouse's age as of his or her birthday in the year of the Spouse's death. (iii) If there is no Designated Beneficiary, or if applicable by operation of paragraph 2(c)(i) or 2(c)(ii) above, the entire interest will be distributed by the end of the calendar year containing the fifth anniversary of your death (or of the Spouse's death in the case of the surviving Spouse's death before distributions are required to begin under paragraph 2(c)(ii) above). (iv) The amount to be distributed each year under paragraph 2(c)(i) or 2(c)(ii) is the quotient obtained by dividing the value of the IRA as of the end of the preceding year by the remaining life expectancy specified in such paragraph. Life expectancy is determined using the Single Life Table in Q&A-1 of section 1.401(a)(9)-9 of the Income Tax Regulations. If distributions are being made to a surviving Spouse as the sole Designated Beneficiary, such Spouse's remaining life expectancy for a calendar year is the number in the Single Life Table corresponding to such Spouse's age in the applicable calendar year. In all other cases, remaining life expectancy for a year is the number in the Single Life Table corresponding to the Beneficiary's or individual's age in the calendar year specified in paragraph 2(c)(i) or 2(c)(ii) and reduced by 1 for each subsequent year. (v) A lump sum distribution. This option must be exercised by the end of the calendar year containing the fifth anniversary of your death. You may elect the method. If no choice is made, the Beneficiary may make the election. Except as noted below, if no election is made on or before December 31 of the calendar year immediately following the calendar year of your death, the amount to be distributed will be payable immediately thereafter pursuant to paragraph 2(c)(iii). (d) When Required Distributions Commence - For purposes of paragraphs 2(a) and (b) above, required distributions are considered to commence on the individual's Required Beginning Date or, if applicable, on the date distributions are required to begin to the surviving Spouse under paragraph 2(c)(ii) above. However, if distributions start prior to the applicable date in the preceding sentence, on an irrevocable basis (except for acceleration) under an annuity contract meeting the requirements of Code section 1.401(a)(9)-6 of the Income Tax Regulations, then required distributions are considered to commence on the annuity starting date. (e) Surviving Spouse as Designated Beneficiary - If the sole Designated Beneficiary is your surviving Spouse, the Spouse may treat the Annuity as his or her own IRA provided the Spouse meets the requirements of the terms of your Annuity. Except as may be required by law, all provisions of this Annuity that do not specifically terminate upon your death will then be applied to the Spouse. This election will be deemed to have been made if such surviving Spouse makes a regular IRA contribution to the Annuity, makes a rollover to or from the Annuity, or fails to elect any of the above Minimum Distribution methods or any other method we make available at such time. This election is not available if annuity payments have commenced. (f) Inherited IRA transferred from another IRA provider - If this Annuity is an inherited IRA that has been transferred by the Designated Beneficiary from another annuity provider, distributions will be made to the Designated Beneficiary (or any successor Beneficiary if applicable upon the death of the Designated Beneficiary) in accordance with these provisions governing distributions upon or after the death of the Owner. For this purpose, the original owner of the inherited IRA will be treated as the IRA Owner in applying these provisions. This subsection shall not apply if the Designated Beneficiary is a surviving Spouse that has elected to treat the Annuity as his or her own IRA. "Interest" Defined - The "interest" in the Annuity includes the amount of any outstanding rollover, transfer and recharacterization under Q&As-7 and -8 of Section 1.408-8 of the Income Tax Regulations. Also, prior to the date that annuity payments commence on an irrevocable basis (except for acceleration) the "interest" in the Annuity includes the actuarial value of any other benefits provided under the Annuity, such as guaranteed death benefits, unless otherwise provided by applicable federal tax law. Annual Reports - We shall furnish annual calendar year reports concerning the status of the IRA and such information concerning required Minimum Distributions as is prescribed by the Commissioner of Internal Revenue. PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY /s/ CLIFFORD E. KIRSCH [__________________________________] Secretary EX-99.4N 16 d18381_ex4n.txt EXHIBIT 4(n) PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY 751 BROAD STREET NEWARK, NEW JERSEY 07102 ROTH INDIVIDUAL RETIREMENT ANNUITY ENDORSEMENT This Endorsement is made a part of your Annuity. Your Annuity is amended at your request so that it may qualify as a Roth Individual Retirement Annuity ("Roth IRA") under Section 408A of the Internal Revenue Code, as amended (the "Code"). If the terms of this Endorsement conflict with the Annuity (including any schedules, endorsements, riders or amendments that are made a part of your Annuity), the provisions of this Endorsement shall control. This Endorsement contains numerous references to various Code sections, Treasury Regulations and Internal Revenue Service ("IRS") rulings and notices. Such references are subject to change and this Endorsement will follow the most current guidelines. Capitalized terms are as defined in the Annuity or this Endorsement. Any reference to specific limits, definitions, or tables under the Code or Treasury Regulations shall include any applicable successor or replacement limit, definition, or table. We may amend your Annuity or this Endorsement to comply with applicable tax requirements. Your consent to any such changes will be sought only if required by the state in which the Annuity was issued. Should you not consent to such changes, you may not continue the Annuity as a Roth IRA. This Endorsement supersedes any previous Roth IRA Endorsement that may have been provided with your Annuity. Your Annuity and this Endorsement do not constitute a plan document. Should you exercise the Right to Cancel provision of your Annuity within seven (7) days after you receive your Annuity, you will receive a refund. The refund will be equal to the greater of: (1) a full refund of the Purchase Payment and (2) the current Account Value of the Annuity. After seven (7) days, the terms of your right to cancel will revert back to the terms of the Right to Cancel provision of your Annuity. Please refer to the Right to Cancel provision of your Annuity for additional information. Exclusive Benefit - The Annuity is established for the exclusive benefit of you and any Beneficiary. Designated Beneficiary - Designated Beneficiary shall have the meaning provided under the Code and any applicable regulations. Owner/Participant - The term "Owner" may be referred to as "Participant" in your Annuity. Except where otherwise indicated or required by law, references to "you" or "your" in this Endorsement shall be understood to mean the IRA Owner or a surviving Spouse that elects to treat the Annuity as his or her own IRA. Prohibition of Loans - Loans are not available. Any loan provision of your Annuity of which this Endorsement is made a part is hereby deleted. Code and Other Restrictions: 1. Restrictions on Designations - The Roth IRA Owner is an individual who is the sole Owner, the Annuitant, and a measuring life. These designations may not be changed except as permitted by law. The Roth IRA Owner may name a Contingent Annuitant only where the Contingent Annuitant is also the Designated Beneficiary. 2. Nontransferability - This Annuity may not be sold, transferred, assigned, discounted, or pledged as collateral for a loan or as security for the performance of an obligation or for any other purpose, to any person other than Pruco Life Insurance Company of New Jersey. This Annuity is not transferable. The requirements of this section shall not be deemed to preclude a transfer under a "qualified domestic relations order" within the meaning of Code section 414(p). 3. Nonforfeitability - Your interest in the Annuity, and that of any Beneficiary following your death, may not be forfeited. 4. Annuity Option - If you choose an annuity option, it must provide payments that will at least equal the required minimum distributions under the Code. The distribution period chosen cannot exceed the periods specified in section 1.401(a)(9)-6T and 1.408A-6, Q&A 14 and any applicable successor regulations or IRS rulings and notices. After the Roth IRA Owner's death, all payments made under an annuity option providing payments based on joint lives must be made to the surviving measuring life while the surviving measuring life is alive. Contributions 1. Maximum Permissible Amount - Except in the case of a qualified rollover contribution or a recharacterization (as defined in paragraph (6) below), no contribution to the Annuity will be accepted unless it is in cash and the total of such contributions to all your Roth IRAs for a taxable year does not exceed the applicable amount (as defined in paragraph (2) below), or your compensation (as defined in paragraph (8) below), if less, for that taxable year. The contribution described in the previous sentence that may not exceed the lesser of the applicable amount or your compensation is referred to as a "regular contribution." A "qualified rollover contribution" is a rollover contribution that meets the requirements of Section 408(d)(3) of the Code, except the one-rollover-per-year rule of Section 408(d)(3)(B) of the Code does not apply if the rollover contribution is from an IRA other than a Roth IRA (a "nonRoth IRA"). Contributions may be limited under paragraphs (3), (4), and (5) below. No contributions will be accepted from a Designated Beneficiary under an inherited Roth IRA (other than a surviving Spouse that has elected to treat the Annuity as his or her own Roth IRA). 2. Applicable Amount - The applicable amount is determined under paragraphs (2)(a) or (2)(b) below: (a) If you are under age 50, the applicable amount is $4,000 for any taxable year beginning in 2005 through 2007 and $5,000 for any taxable year beginning in 2008 and years thereafter. (b) If you are age 50 or older, the applicable amount is $4,500 for any taxable year beginning in 2005, $5,000 for any taxable year beginning in 2006 through 2007 and $6,000 for any taxable year beginning in 2008 and years thereafter. After 2008, the limits in paragraphs (2)(a) and (2)(b) above will be adjusted by the Secretary of the Treasury for cost-of-living increases under Section 219(b)(5)(C) of the Code. Such adjustments will be in multiples of $500. 3. Regular Contribution Limit - If paragraphs (3)(a) and/or (3)(b) below apply, the maximum regular contribution that can be made to all of your Roth IRAs for a taxable year is the smaller amount determined under paragraphs (3)(a) or (3)(b). (a) The maximum regular contribution is phased out ratably between certain levels of modified adjusted gross income ("modified AGI," defined in paragraph (7) below) in accordance with the following table:
---------------------------- --------------------- ------------------------ --------------------- Filing Full Phase-Out Range No Status Contribution Modified AGI Contribution ---------------------------- --------------------- ------------------------ --------------------- Single or $95,000 or less Between $95,000 and $110,000 or more Head of Household $110,000 ---------------------------- --------------------- ------------------------ --------------------- Joint Return or Qualifying $150,000 or less Between $150,000 and $160,000 or more Widow(er) $160,000 ---------------------------- --------------------- ------------------------ --------------------- Married- $0 Between $0 and $10,000 $10,000 or more Separate Return ---------------------------- --------------------- ------------------------ ---------------------
If your modified AGI for a taxable year is in the phase-out range, the maximum regular contribution determined under this table for that taxable year is rounded up to the next multiple of $10 and is not reduced below $200. (b) If you make regular contributions to both Roth and nonRoth IRAs for a taxable year, the maximum regular contribution that can be made to all of your Roth IRAs for that taxable year is reduced by the regular contributions made to your nonRoth IRAs for the taxable year. 4. Qualified Rollover Contribution Limit - A rollover from a nonRoth IRA cannot be made to this Roth IRA if, for the year the amount is distributed from the nonRoth IRA, (a) you are married and file a separate return, (b) you are not married and have modified AGI in excess of $100,000, or (c) you are married and together you and the your Spouse have modified AGI in excess of $100,000. For purposes of the preceding sentence, a husband and wife are not treated as married for a taxable year if they have lived apart at all times during that taxable year and file separate returns for the taxable year. 5. SIMPLE IRA Limits -No contributions will be accepted under a SIMPLE IRA plan established by any employer pursuant to Section 408(p) of the Code. Also, no transfer or rollover of funds attributable to contributions made by a particular employer under its SIMPLE IRA plan will be accepted from a SIMPLE IRA, that is, an IRA used in conjunction with a SIMPLE IRA plan, prior to the expiration of the 2-year period beginning on the date the individual first participated in that employer's SIMPLE IRA plan. 6. Recharacterization - A regular contribution to a nonRoth IRA may be recharacterized pursuant to the rules in Treasury Regulation section 1.408A-5 as a regular contribution to this Roth IRA, subject to the limits in paragraph 3 above. 7. Modified AGI - For purposes of paragraphs (3) and (4) above, your modified AGI for a taxable year is defined in Section 408A(c)(3)(C)(i) of the Code and does not include any amount included in adjusted gross income as a result of a rollover from a nonRoth IRA (a "conversion"). 8. Compensation - For purposes of paragraph (1) above, your compensation is defined as wages, salaries, professional fees, or other amounts derived from or received for personal services actually rendered (including, but not limited to commissions paid salesmen, compensation for services on the basis of a percentage of profits, commissions on insurance premiums, tips, and bonuses) and includes earned income, as defined in Section 401(c)(2) of the Code (reduced by the deduction the self-employed individual takes for contributions made to a self-employed retirement plan). For purposes of this definition, Section 401(c)(2) of the Code shall be applied as if the term trade or business for purposes of Section 1402 of the Code included service described in subsection (c)(6). Compensation does not include amounts derived from or received as earnings or profits from property (including but not limited to interest and dividends) or amounts not includible in gross income. Compensation also does not include any amount received as a pension or annuity or as deferred compensation. The term "compensation" shall include any amount includible in your gross income under Section 71 of the Code with respect to a divorce or separation instrument described in subparagraph (A) of Section 71(b)(2) of the Code. If you are a married individual filing a joint return, the greater compensation of your Spouse is treated as your own compensation, but only to the extent that your Spouse's compensation is not being used for purposes of your Spouse making a contribution to a Roth IRA or a deductible contribution to a nonRoth IRA. Refund of Contributions - Any refund of contributions (other than those attributable to excess contributions) will be applied, before the close of the calendar year following the year of the refund, toward the payment of future contributions or the purchase of additional benefits. Distributions Prior to the Death of the Owner - No amount is required to be distributed prior to your death. Distributions On or After the Death of the Owner 1. In General - Post-death required minimum distributions shall be made in accordance with the requirements of Section 408(b)(3) of the Code, as modified by Section 408A(c)(5) of the Code, and the Treasury Regulations thereunder, the provisions of which are herein incorporated by reference. If distributions are not made in the form of an annuity on an irrevocable basis (except for acceleration), then distribution of the interest in the Roth IRA (as determined under paragraph (3)) must satisfy the requirements of Section 408(a)(6) of the Code, as modified by Section 408A(c)(5) of the Code, and the Treasury Regulations thereunder, rather than the distribution rules in paragraphs (2), (3), (4), and (5) below. Required minimum distributions must be calculated separately for each Roth IRA. However, your Beneficiary may satisfy the minimum distribution requirements under the applicable sections of the Code by receiving a distribution from one Roth IRA that is equal to the amount required to satisfy the minimum distribution requirements for other Roth IRAs that the Beneficiary inherited from you. We calculate required minimum distributions only with respect to this Annuity. Minimum distributions may be paid out on a monthly, quarterly, semi-annual or annual basis. Minimum distributions must be made in intervals of no longer than one year. Each Minimum Distribution will be taken from the allocation options you select. Your selection may be subject to any investment and/or withdrawal limitations applicable to any benefit or program in which you participate under the Annuity. However, the portion of any Minimum Distribution that can be taken from any Fixed Rate Options or MVA Options may not exceed the then current ratio between your Account Value in all Fixed Rate Options or MVA Options you maintain and your total Account Value. The liquidity factor in the MVA formula shown in your Annuity is not applied to any portion of Minimum Distributions taken from MVA Options. No contingent deferred sales charge is assessed against amounts withdrawn as part of a program designed to distribute Minimum Distributions over your life or life expectancy, but only to the extent of the Minimum Distribution required to be distributed from your Annuity at the time it is taken. The contingent deferred sales charge may apply to additional amounts withdrawn to meet Minimum Distribution requirements in relation to other retirement programs you may maintain. Amounts withdrawn as Minimum Distributions are considered to come first from the amounts available as a free withdrawal as of the date of the yearly calculation of the Minimum Distribution amount. Minimum Distributions over that amount to meet the requirements based on your Annuity are not deemed to be a liquidation of Purchase Payments. 2. Required Minimum Distributions After Death - Upon your death, your entire interest will be distributed at least as rapidly as follows: (a) If your Designated Beneficiary is someone other than your surviving Spouse, the entire interest will be distributed, starting by the end of the calendar year following the calendar year of your death, over the remaining life expectancy of your Designated Beneficiary, with such life expectancy determined using the age of the Beneficiary as of his or her birthday in the year following the year of your death, or, if elected, in accordance with paragraph (2)(c) below. (b) If your sole Designated Beneficiary is your surviving Spouse, the entire interest will be distributed, starting by the end of the calendar year following the calendar year of your death (or by the end of the calendar year in which you would have attained age 70 1/2, if later), over such Spouse's life, or, if elected, in accordance with paragraph (2)(c) below. If your surviving Spouse dies before required distributions commence to him or her, the remaining interest will be distributed, starting by the end of the calendar year following the calendar year of the Spouse's death, over the Spouse's Designated Beneficiary's remaining life expectancy determined using such Designated Beneficiary's age as of his or her birthday in the year following the death of the Spouse, or, if elected, will be distributed in accordance with paragraph (2)(c) below. If the surviving Spouse dies after required distributions are required to begin, any remaining interest will be distributed over the Spouse's remaining life expectancy determined using the Spouse's age as of his or her birthday in the year of the Spouse's death. (c) If there is no Designated Beneficiary, or if applicable by operation of paragraphs (2)(a) or (2)(b) above, the entire interest will be distributed by the end of the calendar year containing the fifth anniversary of your death (or of your Spouse's death in the case of the surviving Spouse's death before distributions are required to begin under paragraph (2)(b) above). (d) Life expectancy is determined using the Single Life Table in Treasury Regulation section 1.401(a)(9)-9, Q&A 1. If distributions are being made to a surviving Spouse as the sole Designated Beneficiary, such Spouse's remaining life expectancy for a year is the number in the Single Life Table corresponding to such Spouse's age in the year. In all other cases, remaining life expectancy for a year is the number in the Single Life Table corresponding to the Beneficiary's age in the year specified in paragraph (2)(a) or (b) and reduced by 1 for each subsequent year. You may elect the method. If no choice is made, the Beneficiary may make the election. Except as provided in paragraph (5) below, if no election is made on or before December 31 of the calendar year immediately following the calendar year of your death, the amount to be distributed will be payable immediately thereafter pursuant to paragraph (2)(c). 3. "Interest" Defined - The "interest" in the Roth IRA includes the amount of any outstanding rollover, transfer and recharacterization under Treasury Regulation section 1.408-8, Q&A 7 and Q&A 8 and the actuarial value of any other benefits provided under the IRA, such as guaranteed death benefits, unless otherwise provided by applicable federal tax law. 4. Commencement of Benefits for Surviving Spouses - For purposes of paragraph (2)(b) above, required distributions are considered to commence on the date distributions are required to begin to your surviving Spouse under such paragraph. However, if distributions start prior to the applicable date in the preceding sentence, on an irrevocable basis (except for acceleration) under an annuity contract meeting the requirements of Treasury Regulation 1.401(a)(9)-6T and any applicable IRS rulings and notices, then required distributions are considered to commence on the annuity starting date. 5. Surviving Spouse - Taking the IRA as His/Her Own -If the sole Designated Beneficiary is your surviving Spouse, your Spouse may elect to treat the Roth IRA as his or her own Roth IRA provided the Spouse meets the requirements of the terms of the Annuity. Except as may be required by law, all provisions of the Annuity that do not specifically terminate upon your death will then be applied to the Spouse. This election will be deemed to have been made if such surviving Spouse makes a contribution to the Roth IRA or fails to take required distributions as a Beneficiary. 6. Inherited Roth IRA transferred from another Roth IRA provider - If this Annuity is an inherited Roth IRA that has been transferred by the Designated Beneficiary from another annuity provider, distributions will be made to the Designated Beneficiary (or any successor Beneficiary if applicable upon the death of the Designated Beneficiary) in accordance with these provisions governing distributions upon or after the death of the Owner. For this purpose, the original owner of the inherited Roth IRA will be treated as the Roth IRA Owner in applying these provisions. This subsection shall not apply if the Designated Beneficiary is a surviving Spouse that has elected to treat the Annuity as his or her own Roth IRA. Annual Reports - We shall furnish annual calendar year reports concerning the status of the Roth IRA and such information concerning required minimum distributions as is prescribed by the Commissioner of Internal Revenue. PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY /s/ CLIFFORD E. KIRSCH [__________________________________] Secretary
EX-99.7 17 d18381_ex7.txt EXHIBIT 7 Automatic Coinsurance Agreement Between Pruco Life Insurance Company of New Jersey of New Jersey , U.S.A. (Reinsured referred to as you, your or Reinsured) and Pruco Reinsurance Ltd. of Hamilton HM11, Bermuda (referred to as the Reinsurer) TABLE OF CONTENTS ARTICLE I 1 Automatic Reinsurance.............................................................1 ARTICLE II 1 Liability.........................................................................1 ARTICLE III 1 Plan and Amount of Insurance......................................................1 ARTICLE IV 2 Reinsurance Premiums..............................................................2 ARTICLE V 2 Payments by Reinsurer.............................................................2 ARTICLE VI 2 Reporting and Cash Settlement.....................................................2 ARTICLE VII 3 Deposits on the Reserves..........................................................3 ARTICLE VIII 3 Credit for Reinsurance............................................................3 ARTICLE IX 7 General Provisions................................................................7 ARTICLE X 11 DAC Tax Agreement................................................................11 ARTICLE XI 11 Recapture........................................................................11 ARTICLE XII 12 Arbitration......................................................................12 ARTICLE XIII 12 Duration of Agreement............................................................12 ARTICLE XIV 13 Entire Agreement.................................................................13 ARTICLE XV 13 Execution........................................................................13 SCHEDULE A 14 Business Reinsured...............................................................14 SCHEDULE B 15 Monthly Settlement Report........................................................15 SCHEDULE C 16 Monthly Business Management Report...............................................16 SCHEDULE D 17 Annual Report....................................................................17
The Reinsured and the Reinsurer mutually agree to reinsure on the terms and conditions set out below. ARTICLE I Automatic Reinsurance 1. Insurance. The Reinsured will cede and the Reinsurer will accept as reinsurance the underlying benefit provided by the Life Time 5 Withdrawal Benefit (LT5WB) riders written by the Reinsured as shown in Schedule A or any amendments thereto. 2. Coverages. The underlying LT5WB riders may be attached to any deferred annuity contract written by the Reinsured as specified in Schedule A. Reinsurance under this Agreement will be provided for the LT5WB riders while such riders are in effect on the associated annuity contracts. ARTICLE II Liability 1. Liability. The liability of the Reinsurer on any reinsurance under this Agreement begins upon the effective date of this Agreement as set forth in Article XV, Execution, and ends after all underlying contracts associated with the reinsured LT5WB riders have terminated or the business reinsured is otherwise recaptured or terminated. The liability of the Reinsurer to the Reinsured under this Agreement will be the remaining LT5WB obligation to any covered contract holder after the associated contract's account value has been reduced to zero. 2. The liability of the Reinsurer will be settled and paid to the Reinsured monthly on the basis of the monthly reports prepared by the Reinsured in the form of Schedule B. Payment of any amount due to be paid by the Reinsurer or the Reinsured will be determined on a net basis and will be paid within 5 business days after receipt of the monthly report. 3. This is a contract solely between the Reinsured and the Reinsurer. The obligations under this contract of the Reinsurer are solely to the Reinsured and those of the Reinsured solely to the Reinsurer. ARTICLE III Plan and Amount of Insurance 1. Plan. Reinsurance under this Agreement will be on the coinsurance basis in accordance with the underlying LT5WB riders issued by the Reinsured and listed on Schedule A while such riders are in effect on the associated insurance contracts. 2. Reduction and Terminations. If any LT5WB rider is terminated or any of the underlying contracts associated with the LT5WB riders reinsured under this Agreement are terminated by payment of a death benefit, surrender or annuitization, the reinsurance with respect to that contract will be terminated subject to any party's right to payment under this Agreement with respect to such terminated rider. ARTICLE IV Reinsurance Premiums After the effective date of this Agreement, the Monthly Premium due the Reinsurer by the Reinsured with respect to each insurance contract reinsured is specified in Schedule B or any amendments thereto. ARTICLE V Payments by Reinsurer Benefits. As more fully described on Schedule B, the Reinsurer will pay the Reinsured the remaining obligation under the LT5WB rider after permitted withdrawals have reduced the associated contract's account value to zero. ARTICLE VI Reporting and Cash Settlement 1. The Reinsured will provide the Reinsurer with information necessary to properly account for the business reinsured. 2. Not later than ten (10) business days after the end of each month, the Reinsured will submit to the Reinsurer a report substantially in accordance with Schedule B. The Reinsured agrees to provide or make available to the Reinsurer such documentation as may be necessary to support the items reported. 3. Not later than ten (10) business days after the end of each month, the Reinsured will submit to the Reinsurer a report substantially in accordance with Schedule C. 4. Not later than ten (10) business days after the end of each calendar year, the Reinsured will submit to the Reinsurer a report substantially in accordance with Schedule D. 5. The Reinsurer and the Reinsured shall consider any balance due and unpaid, whether on account of premiums, allowances, losses or claims expenses, to be mutual debits or credits under this Agreement and will offset, if permitted under the applicable law. Only the balance will be considered in determining the liability of the Reinsurer. 6. Cash settlement of balances due between Reinsured and Reinsurer will be made within five (5) business days of receipt of Schedule B each month. 7. The Reinsurer may contest any calculation contained in a report from the Reinsured by providing an alternative calculation to the Reinsured in writing within 30 days of the Reinsurer's receipt of the Reinsured's calculation. If the Reinsurer does not so notify the Reinsured, the Reinsured may consider the reports final. If the Reinsurer contests the Reinsured's calculation, the parties will act in good faith to reach an agreement as to the correct amount within 30 days of the date the Reinsurer submits its alternative calculation. If the Reinsured and the Reinsurer do not reach agreement on the calculation within such 30-day period, then the calculation shall be determined by an independent accounting firm or other independent third party acceptable to both the Reinsured and the Reinsurer within 20 days after the expiration of such 30-day period. ARTICLE VII Deposits on the Reserves The Reinsurer will hold reserves that are at least as great as those required by Bermuda laws and regulations. ARTICLE VIII Credit for Reinsurance 1. Security for Payment of Reinsurer's Obligations. In order to enable the Reinsured to take the maximum credit for the risks ceded under this Agreement on its statutory financial statements (the "Credit Amount") in accordance with the applicable laws of New Jersey and New York, including 11 NYCRR 125.5(b), the Reinsurer will satisfy one of the following requirements: a. Apply for, provide to the Reinsured, and maintain during the entire term of this Agreement, one or more Letters of Credit that satisfy each of the requirements for Letters of Credit set forth below. b. Enter into a Trust Agreement to establish a trust account securing the Credit Amount that satisfies each of the requirements for Trust Agreements set forth below. c. Use a combination of Letters of Credit and Trust Agreement with respect to the Credit Amount. The Reinsured agrees to allow the Reinsurer to substitute Trust funds for Letter of Credit obligations or Letter of Credit obligations for Trust funds under this Agreement, provided the Reinsured has given written approval in advance to such substitution. The Reinsurer will seek approval for the substitution of funds with at least 30 days prior notice. The Reinsured shall negotiate any requested transfers in good faith and shall not unreasonably or arbitrarily withhold such approval. Notwithstanding the foregoing, the Reinsured may withhold approval, rescind any prior approval or request the Reinsurer to substitute funds if the Reinsured is unable to obtain credit for reinsurance with respect to the Trust funds or with respect to any Letter of Credit obligations. The Reinsurer agrees to: a. Submit to the jurisdiction of an alternative dispute resolution panel or court of competent jurisdiction with the United States; b. Comply with all the requirements necessary to give such court or panel jurisdiction; c. Designate an agent upon whom service of process may be effected; and d. Abide by the final decision of such court or panel. 2. Letters of Credit. Each Letter of Credit must individually satisfy subsections a, b, c and d below and all of the Letters of Credit collectively must satisfy the requirements of subsections e and f. In addition, each Letter of Credit individually and all of the Letters of Credit collectively must satisfy any other applicable legal or regulatory requirements of New Jersey that must be complied with in order to enable the Reinsured to take the maximum credit for the risks ceded under this Agreement on its statutory financial statements, given that the Reinsurer is neither a licensed nor an accredited reinsurer under the applicable laws and regulations of New Jersey. a. Each Letter of Credit must: (I) be an original and signed by an authorized official of the issuing bank or an authorized official of the confirming bank (in the case of a confirmation meeting the requirements of this Section); (II) contain an issuance date and contain an expiry date that is no earlier than one calendar year from the issuance date; (III) be issued or confirmed by a "Qualified Bank" (as defined in subsection b below that is acceptable to the Reinsured); (IV) be issued on behalf of the Reinsurer as the "Applicant" and include such indication in a boxed area that states it is "For Internal Identification Purposes Only" (or similar words to that effect) and that does not affect the terms of the Letter of Credit or the bank's obligations thereunder; (V) be issued to the Reinsured as "Beneficiary" and expressly indicate in the body of the Letter of Credit that the definition of the "Beneficiary" under the Letter of Credit includes any successor by operation of law of the Reinsured, including, without limitation, any liquidator, rehabilitator, receiver, or conservator for the Reinsured; (VI) be issued, presentable and payable at an office of the issuing or confirming bank within the United States; (VII) be "clean and unconditional" (meaning that the Letter of Credit makes no reference to any other agreement, document or entity and provides that the Beneficiary need only draw a sight draft under the Letter of Credit or confirmation and present it to promptly obtain funds and that no other document need be presented); (VIII) contain a statement that it is not subject to any agreement, condition or qualification outside the Letter of Credit itself; (IX) contain a statement to the effect that the obligation of the issuing bank under the Letter of Credit is an individual obligation of such bank and is in no way contingent upon reimbursement with respect thereto; (X) be irrevocable and contain an "evergreen clause" (meaning that the letter of credit or confirmation cannot be revoked prior to its expiry date and that it will automatically renew prior to the occurrence of the expiry date unless written notice sent by U.S. registered mail has been delivered to the Reinsured as Beneficiary at the notice address stipulated in subsection c not less than 30 days prior to the expiry date); (XI) state that it is subject to and governed by the laws of the State of New Jersey and the 1993 Revision of the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce (Publication 500) and that, in the event of any conflict, the laws of the State of New Jersey will control; and (XII) contain a provision for an extension of time, of not less than 30 days after resumption of business, to draw against the Letter of Credit in the event that one or more of the occurrences described in article 17 of Publication 500 occurs. b. The term "Qualified Bank" as used herein shall mean a bank or trust company that: (I) is organized and existing, or in the case of a branch or agency office of a foreign banking organization is licensed, under the laws of the United States or any state thereof; (II) is regulated, supervised and examined by United States Federal or state authorities having regulatory authority over banks and trust companies; (III) is determined by the Securities Valuation Office of the National Association of Insurance Commissioners to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of banks and trust companies whose letters of credit will be acceptable to insurance regulatory authorities; (IV) is not a foreign branch office of a bank or trust company organized and existing in the United States; and (V) is not a parent, subsidiary or affiliate of the Reinsured or the Reinsurer. c. Each Letter of Credit must indicate that notices of non-renewal will be sent to the following address, or such other address as may be indicated in a notice sent by the Reinsured to the issuing or confirming bank: Chief Actuary - Annuities Pruco Life Insurance Company of New Jersey 213 Washington Street Newark, New Jersey 07102 d. All of the Letters of Credit must, in the aggregate, provide for a maximum amount that can be drawn thereunder of a sum that is at least as great as the Reinsured has indicated will be required under this Agreement and all other related reinsurance agreements between the Reinsurer and the Reinsured or any affiliate of the Reinsurer. Approximately one month before the end of each calendar quarter, the Reinsured will determine and communicate to the Reinsurer the aggregate Credit Amount needed under all of the Letters of Credit as well as any other information necessary for the Reinsurer to provide the Reinsured the required Letters of Credit prior to end of each calendar quarter. The cost for all Letters of Credit furnished and maintained under this Agreement will be borne solely by the Reinsurer. e. The Reinsurer and the Reinsured agree that any or all of the Letters of Credit provided by the Reinsurer pursuant to the provisions of this Agreement may be drawn upon in full or in part at any time, notwithstanding any other provisions in this Agreement, and may be utilized by the Reinsured or any successor by operation of law of the Reinsured including, without limitation, any liquidator, rehabilitator, receiver or conservator of the Reinsured for any of the following purposes: i. to reimburse the Reinsured for the Reinsurer's share of premiums returned to the owners of contracts associated with the LT5WB riders reinsured under this Agreement on account of cancellations of such contracts; ii. to reimburse the Reinsured for the Reinsurer's share of benefits or losses paid by the Reinsured under the terms and provisions of the LT5WB riders reinsured under this Agreement; iii. to fund an account with the Reinsured in an amount at least equal to the deduction, for reinsurance ceded, from the Reinsured's liabilities for the LT5WB riders ceded under this Agreement. Such amount shall include, but not be limited to, amounts for policy reserves, reserves for claims and losses incurred (including losses incurred but not reported), loss adjustment expenses, and unearned premiums; and iv. to pay any other amounts the Reinsured claims are due under this Agreement. All of the foregoing will be applied without diminution because of insolvency on the part of the Reinsured or the Reinsurer. f. The Reinsurer further acknowledges and agrees that the Reinsured or any successor by operation of law of the Reinsured including, without limitation, any liquidator, rehabilitator, receiver or conservator of the Reinsured may draw upon any or all of the Letters of Credit in full or in part in the event that: (I) a notice of cancellation or non-renewal has been issued by the issuing or confirming bank under any of the Letters of Credit and the Reinsurer has not obtained one or more replacement letters of credit that satisfy all of the applicable requirements by that date which is ten days prior to the earliest expiry date of the Letter of Credit or Letters of Credit as to which notice of cancellation or non-renewal has been sent; or (II) the maximum amount that may be drawn under any of the Letters of Credit has been reduced other than in accordance with the Reinsured's direction or the Reinsured has determined and communicated to the Reinsurer in accordance with the provisions of subsection d. above a need to increase the aggregate amount available under all of the Letters of Credit and the Reinsurer has not obtained one or more replacement Letters of Credit or one or more additional Letters of Credit so that all issued and outstanding Letters of Credit that will remain in effect provide for coverage in an amount sufficient to meet the requirements d above. 3. Trust Agreement. Any Trust Agreement to establish a trust account securing the Credit Amount must satisfy the requirements below. a. Fifteen days prior to the end of each calendar quarter or at any other time, the Reinsured will determine and communicate the Credit Amount to the Reinsurer. The Credit Amount shall be an amount at least equal to the deduction for reinsurance ceded from the Reinsured's liabilities for LT5WB riders ceded under this Agreement. Such amount shall include, but not be limited to, amounts for policy reserves, reserves for claims and losses incurred (including losses incurred but not reported), loss adjustment expenses, and unearned premiums. The Reinsured will determine and communicate this amount to the Reinsurer in order to enable the Reinsurer to ensure that the Trust is maintained with a sufficient balance. All costs and expenses of maintaining the trust will be borne by the Reinsurer and will not be paid by any of the Assets held in the Trust. b. The Reinsurer will deposit into the trust on or before a date agreed to by the parties Assets that cause the market value of the trust to meet or exceed 102% of the most recently communicated Credit Amount immediately prior to the date for the deposit of Assets into the Trust. c. The assets deposited in the trust account shall be valued according to their current fair market value, and shall consist of only those instruments detailed within the Trust Agreement, provided that such investments are issued by an institution that is not a parent, subsidiary, or an affiliate of either the Reinsured or the Reinsurer. Within 3 days of a request from the Reinsured, the Reinsurer shall provide a report setting forth the current fair market value of the trust assets. d. The Reinsurer shall, prior to depositing assets with the Trustee, execute assignments, endorsements in blank, or transfer legal title to the Trustee of all shares, obligations or any other assets requiring assignments, in order that the Reinsured, may, whenever necessary, negotiate any such assets without consent or signature from the Reinsurer or any other entity. e. The Reinsurer and the Reinsured agree that the assets in the trust account may be drawn upon at any time, notwithstanding any other provisions in this Agreement, and be utilized and applied by the Reinsured or any successor by operation of law of the Reinsured including, without limitation, any liquidator, rehabilitator, receiver or conservator of the Reinsured, for the following purposes: i. To reimburse the Reinsured for the Reinsurer's share of premiums returned to the owners of contracts associated with the LT5WB riders reinsured under this Agreement on account of cancellation of such contracts; ii. To reimburse the Reinsured for the Reinsurer's share of benefits or losses paid by the Reinsured under the terms and provisions of the LT5WB riders reinsured under this Agreement; iii. To fund an account with the Reinsured in an amount at least equal to the deduction for reinsurance ceded from the Reinsured's liabilities for the LT5WB riders ceded under this Agreement. Such amount shall include, but not be limited to, amounts for policy reserves, reserves for claims and losses incurred (including losses incurred but not reported), loss adjustment expenses, and unearned premiums; iv. To pay any other amounts the Reinsured claims are due under this Agreement. All of the foregoing will be applied without diminution because of insolvency on the part of the Reinsured or the Reinsurer or the inability of the Reinsured to pay all or any part of a claim. The Reinsured agrees to return to the Reinsurer any amounts withdrawn which are in excess of the actual amounts required for i, ii and iii above, or in the case of iv, such amounts that are in excess of the amounts ultimately determined to be due under this Agreement. In addition, the Reinsured shall make interest payments to the Reinsurer on amounts withdrawn pursuant to item (iii) above, to the extent such interest is not needed to be retained to maintain the account at the Credit Amount. The rate of interest charged will be equal to MOODY's 30-Day AAA Rate, but no greater than the Prime Rate of interest as published in Federal Reserve Bulletin. The MOODY's 30-Day AAA Rate and the Prime Rate shall be determined on the first business day of each month in which interest is payable. Following the receipt of a new Credit Amount, but prior to the start of the new calendar quarter, the Reinsurer shall have the right to seek approval from the Reinsured to withdraw from the trust account a portion of the assets contained therein and to transfer such assets to the Reinsurer, provided that after such withdrawal and transfer, the market value of the trust account is no less than one hundred and two percent (102%) of the Credit Amount most recently determined and communicated by the Reinsured to the Reinsurer. The Reinsured shall be the sole judge of the application of this provision, but shall not unreasonably nor arbitrarily withhold its approval. f. The Trust shall remain in effect until the later of the termination of this Reinsurance Agreement or the full satisfaction and discharge of any and all liabilities and obligations owed by the Reinsurer to the Reinsured, unless the Reinsurer and the Reinsured mutually agree in writing to terminate the Trust at an earlier date. Notwithstanding any provision contained in the Trust Agreement, the Reinsurer shall not seek to terminate the trust unless it has written permission from the Reinsured. The Reinsured shall not arbitrarily or unreasonably withhold such permission if another form of collateral acceptable to the Reinsured is provided by the Reinsurer for the Credit Amount. g. Prior to the Reinsurer's establishing or funding the Trust, the Reinsured shall submit a copy of the Trust Agreement to applicable state regulatory authorities for approval, if such approval is required by state insurance law or regulations. The Reinsured shall promptly inform the Reinsurer of such approval or of any changes to such documents required by regulatory authorities. ARTICLE IX General Provisions 1. Reinsurance Conditions. The reinsurance is subject to the same limitations and conditions as the LT5WB riders written by the Reinsured on which the reinsurance is based. 2. Expenses. In no event will the Reinsurer have any liability for any extra-contractual damages which are rendered against the Reinsured as a result of administrative errors, acts, omissions or course of conduct committed by the Reinsured in connection with the annuity contracts associated with the LT5WB riders reinsured under this Agreement. In no event will the Reinsured have any liability for extra-contractual damages against the Reinsurer as a result of acts, omissions, or course of conduct committed by the Reinsurer in connection with the reinsurance of the LT5WB riders under this Agreement. 3. Oversights. If failure to pay any premium due or to perform any other act required by this Agreement is unintentional and is caused by misunderstanding or oversight, the Reinsured and the Reinsurer will adjust the situation to what it would have been had the misunderstanding or oversight not occurred. 4. Inspection. At any reasonable time, the Reinsurer and the Reinsured may inspect the original papers and any other books or documents at the Home Office of the other relating to or affecting reinsurance under this Agreement. It is mutually agreed by the Reinsured and the Reinsurer that any information that is made available for inspection under this section of the Agreement will be kept confidential and under no circumstances may this information be disclosed to, or made available for inspection by, any third party without the prior written consent of the other contracting party. 5. Assignment or transfer. In no event will either the Reinsured or the Reinsurer assign any of its rights, duties and or obligations under this Agreement without the prior written approval of the other party. Such approval will not unreasonably be withheld. In no event will either the Reinsured or the Reinsurer transfer either the LT5WB riders reinsured under this Agreement or the reinsurance without the prior written approval of the other party. Such approval will not unreasonably be withheld. No assignment or transfer shall be effective unless such assignment or transfer is (i) filed with the Reinsured's appropriate domiciliary regulator(s) at least 30 days prior to the proposed effective date, (ii) not disapproved, (iii) made in writing, and (iv) signed by the parties hereto. 6. If any provision of this Agreement will be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement will not be affected thereby. This Agreement will be construed in accordance with the applicable federal law and the laws of the State of New Jersey. 7. Premium Taxes. The Reinsurer will not be liable for premium taxes. 8. Insolvency. In the event of the declared insolvency of the Reinsured, and the appointment of a domiciliary liquidator, receiver, conservator or statutory successor for the Reinsured, this reinsurance will be payable , with reasonable provision for verification, directly to the Reinsured or its domiciliary liquidator, receiver, or conservator or statutory successor, on the basis of the liability of the Reinsured without diminution because of the insolvency of the Reinsured or because the liquidator, receiver, conservator or statutory successor of the Reinsured has failed to pay all or a portion of any claim. Every liquidator, receiver, conservator or statutory successor of the Reinsured or guaranty fund or association will give written notice to the Reinsurer of the pendency of a claim involving the Reinsured indicating which of the underlying insurance contracts would involve possible liability on the part of the Reinsurer to the Reinsured or its domiciliary liquidator, receiver, conservator or statutory successor, within a reasonable amount of time after the claim is filed in the conservation, liquidation, receivership or other proceeding. Failure to give such notice shall not excuse the obligation of the Reinsurer unless it is substantially prejudiced thereby. During the pendency of any claim, the Reinsurer may investigate the same and interpose, at its own expense, in the proceeding where that claim is to be adjudicated, any defense or defenses that it may deem available to the Reinsured, to its contract owner, or to any liquidator, receiver or statutory successor of the Reinsured or guaranty fund or association. The expenses thus incurred by the Reinsurer will be chargeable, subject to approval of the applicable court, against the Reinsured as part of the expense of conservation or liquidation to the extent of a pro rata share of the benefit which may accrue to the Reinsured as a result of the defense undertaken by the Reinsurer. This reinsurance will be payable directly to the Reinsured or to its domiciliary liquidator, receiver, conservator or statutory successor, except as expressly required otherwise by applicable insurance law. 9. Insolvency of the Reinsurer. In the event of the insolvency, bankruptcy, receivership, rehabilitation or dissolution of the Reinsurer, the Reinsured may retain all or any portion of any amount then due or which may become due to the Reinsurer under this Agreement and use such amounts for the purposes of paying any and all liabilities of the Reinsurer incurred under this Agreement. When all such liability hereunder has been discharged, the Reinsured will pay the Reinsurer, its successor or statutory receiver, the balance of such amounts withheld as may remain. 10. Confidentiality. The Reinsurer agrees to regard and preserve as confidential all information and material which is related to the Reinsured's business and/or customers that may be obtained by the Reinsurer from any source as a result of this Agreement. The Reinsurer will not, without first obtaining the Reinsured's prior written consent disclose to any person, firm or enterprise, or use for its own benefit or for the benefit of any third party any information designated by the Reinsurer as Confidential Information or Customer Information except as necessary for retrocession purposes, external auditors, as required by court order, or as required by law or regulation. "Confidential Information" includes, but is not limited to any and all financial data, statistics, programs, research, developments, information relating to the Reinsured's insurance and financial products, planned or existing computer systems architecture and software, data, and information of the Reinsured as well as third party confidential information to which the Reinsured has access. "Customer Information" includes all information provided by or at the direction of the Reinsured about a customer of the Reinsured or any affiliates of the Reinsured, including but not limited to name, address, telephone number, email address, account or policy information, and any list or grouping of customers. Notwithstanding the foregoing, this provision shall not apply with respect to disclosing of Confidential Information which is or becomes publicly known through no wrongful act of the Reinsurer; or is received from a third party without similar restriction and without breach of this Amendment; or is independently developed by the Reinsurer; or is approved for release by written authorization of the Reinsured; or is placed in or becomes party of the public domain pursuant to or by reason of operation of law. The foregoing exceptions do not apply to the disclosure of Customer Information, which may not be disclosed without the Reinsured's prior written consent. These provisions regarding Confidential Information shall survive the termination of the parties' obligations under this Agreement for a period of two years, and the provisions regarding Customer Information shall survive the termination of the parties' obligations under this Agreement indefinitely. The Reinsurer certifies that it has implemented and will maintain an effective information security program to protect the Reinsured's Customer Information, which program includes administrative, technical, and physical safeguards: (a) to ensure the security and confidentiality of Customer Information; (b) to protect against any anticipated threats or hazards to the security or integrity of such Customer Information; and (c) to protect against unauthorized access to or use of Customer Information which could result in substantial harm or inconvenience to the Reinsured or its affiliates, or to customers of any of them. In the event that the Reinsurer is in material breach of any provisions of these provisions, it shall immediately advise the Reinsured and take steps to remedy such breach, including but not limited to protecting customers, the Reinsured, and the Reinsured's affiliates against the consequences of any disclosure or use of Customer Information in violation of these provisions. 11. Notices. Notices regarding this Agreement shall be in writing and deemed delivered if personally delivered, sent via facsimile or other agreed upon electronic means, or dispatched by certified or registered mail, return receipt requested, postage prepaid, addressed to the parties as follows: Chief Actuary - Annuities Pruco Life Insurance Company of New Jersey 213 Washington Street Newark, New Jersey 07102 Copy to: Prudential Annuities - Actuarial Fax No: 973-367-8746 Pruco Reinsurance Ltd. c/o Marsh Management Services (Bermuda) Ltd. Victoria Hall 11 Victoria Street Hamilton HM11, Bermuda Copy to: Pruco Reinsurance Ltd - Beverly Barney Fax No: 973-799-0006 Notice shall be deemed given on the date it is deposited in the mail or sent via facsimile or other electronic means in accordance with the foregoing. Any party may change the address to which to send notices by notifying the other party of such change of address in writing in accordance with the foregoing. ARTICLE X DAC Tax Agreement 1. The Reinsured and the Reinsurer, herein collectively called the "Parties", or singularly the "Party", hereby enter into an election under Treasury Regulations Section 1.848-2(g) (8) as promulgated under the Internal Revenue Code, as found in Title 26 of the United States Code, hereinafter referred to as the Regulations and the IRC. Both parties agree to make the election contemplated by this Section 14 by timely attaching to their U.S. tax returns the schedule contemplated by Section 1.848-2(g)(8)(ii) of the Regulations. Furthermore, the parties agree to the following: a. For each taxable year under this Agreement, the party with the net positive consideration, as defined in the Regulations, will capitalize specified policy acquisition expenses with respect to this Agreement without regard to the general deductions limitation of Section 848 (c) (1); b. The Reinsured and the Reinsurer agree to exchange information pertaining to the net consideration under this Agreement each year to insure consistency or as otherwise required by the U.S. Internal Revenue Service; c. The Reinsured will submit to the Reinsurer by May 1 of each year its calculation of the net consideration for the preceding calendar year. d. The Reinsurer may contest such calculation by providing an alternative calculation to the Reinsured in writing within 30 days of the Reinsurer's receipt of the Reinsured's calculation. If the Reinsurer does not so notify the Reinsured, the Reinsurer will report the net consideration as determined by the Reinsured in the Reinsurer's tax return for the previous calendar year; e. If the Reinsurer contests the Reinsured's calculation of the net consideration, the parties will act in good faith to reach an agreement as to the correct amount within 30 days of the date the Reinsurer submits its alternative calculation. If the Reinsured and the Reinsurer do not reach agreement on the net amount of consideration within such 30-day period, then the net amount of consideration for such year shall be determined by an independent accounting firm acceptable to both the Reinsured and the Reinsurer within 20 days after the expiration of such 30-day period. f. The Reinsured and the Reinsurer agree that this election shall first be effective for the 2005 calendar tax year and will be effective for all subsequent taxable years for which this Agreement remains in effect. The Reinsured represents and warrants that it is subject to U.S. taxation under either Subchapter L of Chapter 1, or Subpart F of Subchapter N of Chapter 1 of the IRC of 1986, as amended. The Reinsurer represents and warrants that it has duly elected to be subject to U.S. taxation under Section 953(d) of the IRC of 1986, as amended. ARTICLE XI Recapture The business reinsured under this Agreement will not be eligible for recapture, except through mutual agreement of both parties. ARTICLE XII Arbitration 1. Any controversy or claim arising out of or relating to this Agreement will be settled by arbitration. 2. There must be three arbitrators who will be active, prior or retired officers of life insurance companies other than the contracting companies or their subsidiaries or affiliates. Each of the contracting companies will appoint one of the arbitrators and these two arbitrators will select the third. In the event either contracting company fails to choose an arbitrator within thirty (30) days after the other contracting company has given written notice of its arbitrator appointment, the contracting company which has given written notice may choose two arbitrators who will in turn choose a third arbitrator before entering arbitration. If the two arbitrators are unable to agree upon the selection of a third arbitrator within thirty (30) days following their appointment, each arbitrator will nominate three candidates within ten (10) days thereafter, and the final selection will be made by a court of competent jurisdiction from among the submitted names (three each) or any other persons the court finds to be a qualified and impartial arbitrator. 3. With regard to (2) above, arbitration must be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association that will be in effect on the date of delivery of demand for arbitration. 4. Each contracting company will pay its arbitrator and its arbitration expenses and the two companies will share equally the third arbitrator's expenses. 5. The award agreed to by the arbitrators will be final and binding upon the parties, and judgment may be entered upon it in any court having jurisdiction. ARTICLE XIII Duration of Agreement 1. This Agreement may be terminated with respect to new LT5WB riders at any time by either party giving ninety (90) days' written notice of termination. The day the notice is deposited in the mail addressed to the Home Office or to an Officer of either company will be the first day of the ninety (90) day period. No termination shall be effective unless such termination is (i) filed with the Reinsured's appropriate domiciliary regulator(s) at least 30 days prior to the proposed effective date, (ii) not disapproved, (iii) made in writing, and (iv) signed by the parties hereto. 2. During the ninety (90) day period, this Agreement will continue to remain in force. 3. After termination, the Reinsurer and the Reinsured will remain liable for all reinsurance that became effective prior to the termination of the Agreement. ARTICLE XIV Entire Agreement This Agreement including any Schedules and Amendments will constitute the entire agreement between the parties with respect to the business being reinsured hereunder. There are no understandings between the parties other than as expressed in this Agreement. Any change or modification to this Agreement will be null and void unless made by amendment to this Agreement and signed by both parties. No change or modification to the Agreement shall be effective unless such change or modification is (i) filed with the Reinsured's appropriate domiciliary regulator(s) at least 30 days prior to the proposed effective date, (ii) not disapproved, (iii) made in writing, and (iv) signed by the parties hereto. ARTICLE XV Execution In witness of the above, this Agreement is signed in duplicate on the execution date(s) and at the places indicated and will be effective as of the 3rd day of October 2005. PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY At Newark, New Jersey Executed On: ____________________________________________________ Signature: _______________________________________________________ By: ______________________________________________________________ Title: ___________________________________________________________ PRUCO REINSURANCE LTD. At Hamilton, Bermuda Executed On: ____________________________________________________ Signature: _______________________________________________________ By: ______________________________________________________________ Title: ___________________________________________________________ SCHEDULE A Business Reinsured
1. Form Name and Type First Available Issue Date Form Numbers -------------------------------------------------------------------------------------------- LT5WB Riders October 3, 2005 ORD 114188-NY ORD 113188Supp-NY
2. Claims arising under the LT5WB rider are equal to the remaining LT5WB rider benefits under the contract after permitted withdrawals have reduced the contract's account value to zero, paid as due to the extent that the LT5WB benefit is greater than the benefit under the base contract or other riders attached to the contract. 3. A prototype of the LT5WB Rider Form is attached. SCHEDULE B Monthly Settlement Report A. Due Reinsurer The Monthly Premium will be calculated as follows: after the end of each month the monthly equivalent of the annualized contractual rider fee (currently 60 basis points annualized) will be applied to the sum of 1/2 of the Variable Account balances for all contracts covered under this Agreement as of the last business day of such month reported and 1/2 of the Variable Account balances for all contracts covered under this Agreement as of the last business day of the preceding month. B. Due Reinsured Any claim associated with the LT5WB benefit as defined in the rider. In addition, there will be a monthly expense allowance calculated as follows: after the end of each month the monthly equivalent of an annual 1 basis point charge will be applied to the sum of 1/2 of the Variable Account balances for all contracts covered under this Agreement as of the last business day of such month reported and 1/2 of the Variable Account balances for all contracts covered under this Agreement as of the last business day of the preceding month. C. Balance During the Period = A - B o If positive, the balance is due to be paid by the Reinsured. o If negative, the absolute value of the balance is due to be paid by the Reinsurer The above information will be provided by the Reinsured on an aggregate basis. The individual insurance contract data will be available to the Reinsurer on a computer tape or diskette upon request. SCHEDULE C Monthly Business Management Report A. Informational Reports 1. Reserve Report showing the statutory reserves, Account Values and Surrender Value. 2. Production report with premiums (split by initial and additional premiums) and contract counts, including the number of insurance contracts in force at the beginning and at the end of the month. SCHEDULE D Annual Report The annual report will provide the following information: "Exhibit of Number of Policies, Contracts and Certificates for Annuities": from the NAIC-prescribed annual statement
EX-99.13 18 d18381_ex13.txt EXHIBIT 13 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS, that the person whose signature appears below constitutes and appoints CLIFFORD E. KIRSCH, THOMAS C. CASTANO, and C. CHRISTOPHER SPRAGUE, and each of them severally, his true and lawful attorney-in-fact to sign in his name, place and stead, in any and all capabilities, where applicable: registration statements filed by Pruco Life Insurance Company of New Jersey with the Securities and Exchange Commission, under the Investment Company Act of 1940 and/or the Securities Act of 1933 (including any pre-effective amendments and post-effective amendments thereto), and pertaining to the Prudential Premier Variable Annuity Series issued by the Pruco Life of New Jersey Flexible Premium Variable Annuity Account. IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of January, 2006. /s/ James J. Avery ---------------------------------- James J. Avery Vice Chairman and Director POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS, that the person whose signature appears below constitutes and appoints CLIFFORD E. KIRSCH, THOMAS C. CASTANO, and C. CHRISTOPHER SPRAGUE, and each of them severally, his true and lawful attorney-in-fact to sign in his name, place and stead, in any and all capabilities, where applicable: registration statements filed by Pruco Life Insurance Company of New Jersey with the Securities and Exchange Commission, under the Investment Company Act of 1940 and/or the Securities Act of 1933 (including any pre-effective amendments and post-effective amendments thereto), and pertaining to the Prudential Premier Variable Annuity Series issued by the Pruco Life of New Jersey Flexible Premium Variable Annuity Account. IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of January, 2006. /s/ C. Edward Chaplin ---------------------------------- C. Edward Chaplin Senior Vice President and Director POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS, that the person whose signature appears below constitutes and appoints CLIFFORD E. KIRSCH, THOMAS C. CASTANO, and C. CHRISTOPHER SPRAGUE, and each of them severally, his true and lawful attorney-in-fact to sign in his name, place and stead, in any and all capabilities, where applicable: registration statements filed by Pruco Life Insurance Company of New Jersey with the Securities and Exchange Commission, under the Investment Company Act of 1940 and/or the Securities Act of 1933 (including any pre-effective amendments and post-effective amendments thereto), and pertaining to the Prudential Premier Variable Annuity Series issued by the Pruco Life of New Jersey Flexible Premium Variable Annuity Account. IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of January, 2006. /s/ John Chieffo ---------------------------------- John Chieffo Vice President and Chief Accounting Officer and Principal Financial Officer POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS, that the person whose signature appears below constitutes and appoints CLIFFORD E. KIRSCH, THOMAS C. CASTANO, and C. CHRISTOPHER SPRAGUE, and each of them severally, his true and lawful attorney-in-fact to sign in his name, place and stead, in any and all capabilities, where applicable: registration statements filed by Pruco Life Insurance Company of New Jersey with the Securities and Exchange Commission, under the Investment Company Act of 1940 and/or the Securities Act of 1933 (including any pre-effective amendments and post-effective amendments thereto), and pertaining to the Prudential Premier Variable Annuity Series issued by the Pruco Life of New Jersey Flexible Premium Variable Annuity Account. IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of January, 2006. /S/ Helen M. Galt ---------------------------------- Helen M. Galt Director POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS, that the person whose signature appears below constitutes and appoints CLIFFORD E. KIRSCH, THOMAS C. CASTANO, and C. CHRISTOPHER SPRAGUE, and each of them severally, his true and lawful attorney-in-fact to sign in his name, place and stead, in any and all capabilities, where applicable: registration statements filed by Pruco Life Insurance Company of New Jersey with the Securities and Exchange Commission, under the Investment Company Act of 1940 and/or the Securities Act of 1933 (including any pre-effective amendments and post-effective amendments thereto), and pertaining to the Prudential Premier Variable Annuity Series issued by the Pruco Life of New Jersey Flexible Premium Variable Annuity Account. IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of January, 2006. /s/ Bernard J. Jacob ---------------------------------- Bernard J. Jacob President and Director POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS, that the person whose signature appears below constitutes and appoints CLIFFORD E. KIRSCH, THOMAS C. CASTANO, and C. CHRISTOPHER SPRAGUE, and each of them severally, his true and lawful attorney-in-fact to sign in his name, place and stead, in any and all capabilities, where applicable: registration statements filed by Pruco Life Insurance Company of New Jersey with the Securities and Exchange Commission, under the Investment Company Act of 1940 and/or the Securities Act of 1933 (including any pre-effective amendments and post-effective amendments thereto), and pertaining to the Prudential Premier Variable Annuity Series issued by the Pruco Life of New Jersey Flexible Premium Variable Annuity Account. IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of January, 2006. /s/ Ronald P. Joelson ---------------------------------- Ronald P. Joelson Director POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS, that the person whose signature appears below constitutes and appoints CLIFFORD E. KIRSCH, THOMAS C. CASTANO, and C. CHRISTOPHER SPRAGUE, and each of them severally, his true and lawful attorney-in-fact to sign in his name, place and stead, in any and all capabilities, where applicable: registration statements filed by Pruco Life Insurance Company of New Jersey with the Securities and Exchange Commission, under the Investment Company Act of 1940 and/or the Securities Act of 1933 (including any pre-effective amendments and post-effective amendments thereto), and pertaining to the Prudential Premier Variable Annuity Series issued by the Pruco Life of New Jersey Flexible Premium Variable Annuity Account. IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of January, 2006. /s/ David R. Odenath ---------------------------------- David R. Odenath Director COVER 19 filename19.txt January 13, 2006 Ms. Sally Samuel, Esq. Office of Insurance Products Division of Investment Management United States Securities and Exchange Commission 100 F Street, N.E. Washington, D.C. 20549 RE: Initial registration statements on Form N-4 under the Securities Act of 1933 and Investment Company Act of 1940 of Pruco Life Insurance Company and Pruco Life Insurance Company of New Jersey Dear Ms. Samuel: Along with this letter, we include on behalf of each of Pruco Life Insurance Company ("Pruco Life") and Pruco Life Insurance Company of New Jersey ("PLNJ") a registration statement on Form N-4. The PLNJ variable annuity will be sold only in New York, and the Pruco Life annuity will be sold in the remaining 49 states. The PLNJ version is substantially similar to the Pruco Life version, except for certain minor differences dictated by New York insurance law. We plan to begin offering these annuities on or about May 1, 2006. Each annuity will offer three distinct classes: o A "B Share" class, featuring a 7 year contingent deferred sales charge ("CDSC"); and o An "L Share" class, featuring a 4-year CDSC; and o An "X Share" class, featuring a 9-year CDSC, a bonus amount, and a longevity credit. Each of these classes will offer the same insurance and administrative features. The primary difference among the classes is limited to the sales charges and asset-based charges. The Pruco Life B, L, and X classes will use the same base annuity contract in the 49 states (although there will be minor, state-specific differences in certain states). 2 For the PLNJ product in New York, we will use one form of contract for the B and L classes and a different, but substantially identical, form of contract for the X class. We are doing this because sometime in the future, we may wish to add a companion market value adjustment to this product (and to the Pruco Life product). Any such MVA option would be registered on a separate, Form S-3 registration statement. For the B class and L class, the PLNJ annuity contract will refer to our ability, in the future, to offer a companion MVA option. The contract will make clear that no MVA option is being offered presently, and thus will avoid any implication that we are offering a security that has not been registered with the SEC. For actuarial reasons, we have decided against offering a companion MVA option with respect to the PLNJ X class. Given that we do not plan to offer a companion MVA with the PLNJ X class, the New York Insurance Department would not allow a contract filing that included both the X class and a possible MVA option. Thus, this regulatory position has compelled us to file the X class in New York as a separate contract that does not refer to an MVA option. Apart from the fact that the PLNJ B and L class contract refers to an MVA option, and the X class contract does not, the two contracts are substantially identical. As further support for our view that the B, L, and X classes appropriately may be registered as a single security under the 1933 Act, we point out that neither Pruco Life nor PLNJ has any immediate intention to add insurance features that would be available under certain classes of the annuity, but not others. If, in the future, we contemplate adding such features, we will discuss with the Staff whether the above-mentioned classes need to be re-registered under separate registration statements. Pruco Life and PLNJ also intend to recapture the X class credit under certain circumstances, which are similar, but not identical, to the recapture regime under their Strategic Partners Annuity One contracts (the "SPAO Contracts"). To accommodate the proposed credit recaptures under the new X class, we are filing under separate cover an application to amend the existing SEC exemptive order for the SPAO Contracts. Should the Commission or its Staff declare the above-referenced filings effective, we understand that such action does not prevent the Commission from taking action on the filings. The action of the Commission or its Staff in declaring the above-referenced filings effective does not relieve the Registrant from full responsibility for the adequacy and accuracy of the disclosure in the filings. The Registrant may not assert the fact of the Staff's acceleration as a defense in any proceeding initiated by the Commission or any other person under the federal securities laws. We appreciate your attention to these filings. Sincerely, /s/ C. Christopher Sprague C. Christopher Sprague
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