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EX-99.D.8 7 c66903exv99wdw8.txt COPY OF OVERLOAN PROTECTION BENEFIT RIVERSOURCE LIFE INSURANCE CO. OF NEW YORK 20 Madison Avenue Extension PO Box 5144 Albany, New York 12205 1-800-541-2251 OVERLOAN PROTECTION BENEFIT This benefit is part of the policy to which it is attached. This benefit is subject to all terms and provisions of the policy unless changed by this benefit. This benefit does not increase the policy values. Before it is exercised this benefit does not change the policy value available for loans. OVERLOAN PROTECTION BENEFIT If exercised, this benefit prevents the policy from entering the grace period. This benefit can only be exercised if all of the conditions below are met. CONDITIONS These conditions must be met in order to exercise this benefit: 1. The policy has been in force for at least the minimum policy duration shown for this benefit under Policy Data; 2. The Insured's Attained Insurance Age is greater than or equal to the minimum age listed under Policy Data but less than the maximum age listed under Policy Data; 3. Policy Indebtedness must be greater than the current Specified Amount of the policy to which this rider is attached, and greater than or equal to the Indebtedness percentage of the policy value shown under Policy Data; 4. The Cash Surrender Value is sufficient to pay the exercise charge; 5. The death benefit option in effect is option 1; 6. The policy has not entered the grace period; 7. The policy is not a Modified Endowment Contract, as defined by Section 7702A of the Internal Revenue Code, and exercising this benefit does not cause the policy to become a Modified Endowment Contract; 8. No current or future distributions will be required from the policy to maintain its qualification for treatment as a life insurance policy under the Internal Revenue Code; 9. Partial surrenders taken after the exercise date are subject to federal income tax. This would generally occur if the amount received is greater than Your investment in the policy. The amount received in excess of Your investment in the policy is subject to federal income tax. Your investment in the policy for federal income tax purposes is equal to premiums paid, minus the nontaxable portion of any previous partial surrenders, plus the taxable portion of any previous policy loans; 10. Benefits are not currently being received under the Waiver of Monthly Deduction Rider or Waiver of Premium Rider; 11. There have been no accelerations of the death benefit. If all conditions have been met, You may exercise this benefit by sending Us a Written Request dated and signed by You. EXERCISE DATE If You exercise this benefit, it will be effective on the monthly date on or next following Our receipt of Your request, provided all conditions are met. Exercising this benefit is irrevocable. EXERCISE CHARGE If You exercise this benefit, a one-time charge will be deducted from the policy value. The charge will be a percentage of the policy value, not to exceed the maximum exercise charge as shown under Policy Data. There is no charge if this benefit is not exercised. EFFECT ON THE POLICY The following changes to Your policy will occur if You exercise this benefit: 1. Premium payments will no longer be accepted, however loan repayments are still allowed; 2. Monthly deductions will no longer be taken; 3. Partial surrenders will no longer be available; 4. Additional loans will no longer be available; 138787 Page 1 19/11 5. Any outstanding Indebtedness will remain and interest will be charged at the then current loan interest rate; 6. Any applicable no-lapse guarantee or death benefit guarantee will no longer be in effect and cannot be reinstated; 7. Changes to the death benefit option will no longer be allowed; 8. Changes to the Specified Amount will no longer be allowed; 9. All riders attached to the policy will Terminate; 10. Any Charitable Gift Amount will no longer be In Force; 11. If this benefit is attached to a variable life insurance policy or a life insurance policy with index-linked interest option(s), the following changes will also occur: a) any value in the subaccounts will be transferred to the Fixed Account; b) transfers or new premium payments to the subaccounts or Indexed Accounts will no longer be allowed; c) any loan repayments will be repaid to the Fixed Account; d) any maturing segment value will be reallocated to the Fixed Account. NOTIFICATION At the time the benefit first becomes eligible for exercise, We will send You a written notice. EFFECT ON POLICY DEATH BENEFIT Once the benefit has been exercised, the death benefit will be the applicable percentage in the table shown under Policy Data, as amended by any endorsements, multiplied by the greater of the policy value or Indebtedness. Once the benefit is exercised, We will send You notification of the changes to the policy. TERMINATION This benefit Terminates upon termination of the policy. REINSTATEMENT If the policy to which this benefit is attached Terminates and is later reinstated, this benefit will be reinstated. EFFECTIVE DATE This benefit is issued as of the Policy Date, unless a different date is shown here. RIVERSOURCE LIFE INSURANCE CO. OF NEW YORK -s- Signature SECRETARY 138787 Page 2 9/11