PHOENIX INDEX SELECT AND PHOENIX INDEX SELECT BONUS DISCLOSURE STATEMENT

Transcription

1 Phoenix Index Select and Phoenix Index Select Bonus Indexed Annuity Disclosure Document A Single Premium Deferred Modified Guaranteed Indexed Annuity Issued By PHL Variable Insurance Company PHOENIX INDEX SELECT AND PHOENIX INDEX SELECT BONUS DISCLOSURE STATEMENT This document reviews important points to think about before you buy this annuity. This annuity is a single-premium modified guaranteed indexed annuity. This annuity is single-premium, which means you buy it with one premium (payment). It is a fixed annuity, which means it earns a specified rate during the guarantee period. This annuity is deferred, which means payouts begin at a future date. You don t pay taxes on the interest it earns until the money is paid to you. This annuity is also a modified guaranteed indexed annuity, which means that withdrawals before the end of a surrender charge period are subject to a market-value adjustment ( MVA ), either up or down, of the annuity s Contract Value. This annuity is indexed which means it offers a variety of Indexed Accounts to which you may allocate your Contract Value. (As used in this document, Contract Value means the total accumulated value of your Fixed Account, if any, and your Indexed Account(s), if any, and Account Value means the value of an individual Indexed Account.) This annuity offers a Fixed Account and a variety of Indexed Accounts. The Fixed Account will earn a specified rate of interest of 0% or greater. The Indexed Accounts may or may not earn Index Credits. Index Credits are credited if the Index that the Indexed Account tracks performs in a manner described in the Indexed Account riders attached to your contract. Although, Index Credits are tied to stock and/or bond market performance, this annuity is not a security. You are not buying shares of any stock or investing directly in a security or index. You are purchasing an annuity, which is a type of insurance policy issued by an insurance company. You can use an annuity to save money for retirement and to receive retirement income for life. It is not meant to be used to meet short-term financial goals. The assets supporting our liabilities under this annuity contract are held in a non-unitized separate account. The terms and values of the annuity contract do not fluctuate with the value of or depend upon the performance of the assets in the separate account. Replacing an annuity may not be in your best interests. You should carefully evaluate the costs, risks, tax consequences, and benefits of replacing your existing annuity before making any decisions. If you have questions about this annuity, please ask your producer or agent, or contact a company representative at A5068DD

2 THE ANNUITY CONTRACT Is there a minimum premium required? Yes. You may make one premium payment to this contract. The amount may be an amount you choose from a minimum of $15,000 to a maximum $1,000,000 unless approved by Phoenix. How will the value of my annuity grow? The value of your annuity will depend on your Single Premium as well as on amounts credited to the Fixed Account, if any, and the Indexed Accounts, if any. The Fixed Account earns interest daily. The Fixed Account Interest Rate will never be less than 0%. The value of your annuity may also increase based on the potential index credits associated with the Indexed Account(s) you select. The Account Value that you allocate to an Indexed Account must remain in that account for a required length of time ( Segment Duration ) or you will not be eligible for Index Credits. For each Indexed Account Segment ( Segment ) that you select, an Index Credit is calculated and credited to your Account Value on the Segment Maturity Date. The Index Credit will never be less than zero. However, as noted above, amounts surrendered or withdrawn before the Segment Maturity Date will not receive the Index Credit for that Segment. Similarly, no Index Credit will be applied in the year in which death occurs. Within 30 days prior to each Segment Maturity Date, you may request a reallocation of your Account Value among the accounts then available, effective on your next Contract Anniversary and doing so will create new Segments with their own Segment Durations and Segment Maturity Dates for the purposes of calculating Index Credits. When we apply an Index Credit, we will calculate the credit and add it to your Account Value, then we will subtract any rider fees that are not covered by your Fixed Account. The remaining Account Value is either transferred to a new Segment of the same Indexed Account or, if you so instruct, into a new Segment of a new Indexed Account. (See the Schedule Pages of your annuity contract for a list of the Indexed Accounts available on the Contract Issue Date. Indexed Account availability may change over the life of the contract.) Phoenix Index Select and Phoenix Index Select Bonus There are two versions of this annuity; Phoenix Index Select and Phoenix Index Select Bonus (not available in all states). The primary difference between the two versions is that Phoenix Index Select Bonus includes a Premium Bonus. This is an amount that we credit to the Contract Value on the Contract Issue Date. It is determined by multiplying your Single Premium by 5% (the Premium Bonus Percentage). The Premium Bonus is not considered premium for any purpose, including tax purposes. If you purchase Phoenix Index Select Bonus, your contract includes a Premium Bonus Recapture Charge which is applied on surrender, withdrawals in excess of the Free Withdrawal Amount and death benefits paid during the first three contract years. (See your Contract Schedule Pages and the section of this Disclosure Statement entitled ADJUSTMENTS, FEES, EXPENSE & OTHER CHARGES. ) A5068DD

3 Generally, you should know that products offering a bonus, such as Phoenix Index Select Bonus, may offer lower credited interest rates, lower participation rates (the amount of the increase in the index used to calculate index-linked interest), lower caps (an upper limit on the index-linked interest rate) and higher spreads (a specific percentage that is subtracted from the calculated change in the index to compute the index-linked interest rate) than products not offering a bonus. These differences can be significant and, over time and under certain circumstances, they may more than offset the value of a bonus (both bonus amount plus earnings). Whether you purchase Phoenix Index Select or Phoenix Index Select Bonus, the guaranteed participation rates, caps and spreads for all available Indexed Accounts and the current participation rates, caps and spreads for the Indexed Accounts you select are shown on your Contract Schedule Pages. You should consult your producer or agent to determine which version best suits your investment goals and for information regarding current rates for all available Indexed Accounts and the Fixed Account. What is my Total Guaranteed Value? The Total Guaranteed Value ( TGV ) is the minimum value your annuity will provide as the Surrender Value, Death Benefit or amount we will pay upon annuitization. We determine this amount by calculating the Fixed Guaranteed Value and the Indexed Guaranteed Value (Single Premium, excluding any Premium Bonus, multiplied 87.5%) accumulating the values at their respective interest rates as shown on your Contract Schedule Pages and then adding them together. How can I access my Contract Value? Your Phoenix Index Select or Phoenix Index Select Bonus annuity is a longterm annuity contract. To avoid surrender charges and an MVA, you should plan to keep your annuity for at least the duration of the surrender charge period. However, you can access the money in your annuity when you need it. You may contact our Annuity Operations Division at to obtain the proper forms to surrender your contract or make a withdrawal. BENEFITS How do I get income (payouts) from my annuity? When you apply for your annuity, you choose a date when the annuity payments will begin ( Contract Maturity Date ). On the Contract Maturity Date, you will choose the length of time for payments to be made. (For withdrawals from the annuity prior to the Contract Maturity Date, see the section entitled ADJUSTMENTS, FEES, EXPENSE & OTHER CHARGES below.) Income is paid to the Contract Owner but, under certain options, is based on the life of the annuitant. Since, in most cases, the Contract Owner is the annuitant, we are referring to the annuitant as you in the following examples. Your choices are: - Life Annuity with Specified Period Certain Payments last as long as you live, or, if later, until the end of the specified period certain (5, 10 or 20 years) selected at the time this option is elected. Example- A5068DD

4 assuming payments for your life with a 10 year guarantee. If you die before the end of 10 years, we continue to make payments to your beneficiary until 10 years of payments have been made. If you survive more than 10 years, we keep making payments for your life. - Non-Refund Life Annuity Monthly payments continue while you are living and end with the last payment due preceding the date of your death. - Joint and Survivorship Life Annuity Payments continue for the life of two people. When the first person dies, the payments continue for the life of the second person. Once both people die, the payments cease. - Joint and Survivorship Life Annuity with 10 Year Period Certain Same as Single Life with Period Certain except that payments continue for two lives, with payments for a minimum of 10 years. Example - assuming payments for the joint lives of H & W with a 10 year guarantee. If H dies after 5 years, payments continue to W. If W dies after 3 more years, there have been a total of 8 years of payments. Payments continue to the beneficiary for 2 more years. If W had not died until year 17, when W died, payments would cease. - Payments for a Specified Period Payments continue for a specified number of years. If you survive past that that time, payments cease. Example- assuming a 10 year annuity. Payments are made for 10 years only, regardless of whether or not you are alive for the entire time or at the end of the 10 year period., - Payments of a Specified Amount Annuity Payments of a specified amount are paid until the principal sum remaining is less than the specified amount of the Annuity Payment. When that happens, the principal sum remaining will be paid as a final payment. The payment amount specified must provide for payments for a period of at least 5 years. - Installment Refund Life Annuity Same as Annuity of a Specified Amount except that if you are still alive when the principal sum remaining has been reduced to zero, we will continue to make Annuity Payments until your death. What happens after I die? Death Prior to the Contract Maturity Date The death benefit will be determined upon the death of any Owner. It is equal to the greater of the Contract Value or the Total Guaranteed Value as of the date of death. No surrender charge or MVA will be included in the benefit calculation. However, if your contract includes a Premium Bonus, there will be a Premium Bonus Recapture Charge if the death occurs within the first three contract years. No Index Credit will be applied in the year of death. If the contract is held by a single Owner, we will pay the death benefit to the designated Beneficiary. If there is more than one Owner and one Owner dies before the Contract Maturity Date, we A5068DD

5 will pay the death benefit to the surviving Owner(s) Spousal Continuation Option. If the spouse, as defined under federal law, of a deceased Owner is the designated Beneficiary, the spouse may elect to continue the contract as the new Owner, with all the rights of the deceased Owner. Distribution at Death Requirements There are distribution at death requirements set forth in the Internal Revenue Code. See your annuity contract for a discussion of the distribution at death requirements and Beneficiary options for death before the Contract Maturity Date. Death on or after the Contract Maturity Date If the Owner is the same as the Annuitant, the payments cease unless there is a period certain or cash refund. If so, then the Beneficiary receives the remaining payments. If the Owner is not the same as the Annuitant and the Annuitant is still alive, then the payments continue to either a surviving Owner (if there is one) or to a named Beneficiary. There are distribution at death requirements set forth in the Internal Revenue Code. See your annuity contract for a fuller discussion of these requirements. OPTIONAL GUARANTEED MINIMUM WITHDRAWAL BENEFIT RIDERS AND THEIR FEES Three versions of a Guaranteed Minimum Withdrawal Benefit ( GMWB ) rider are available for purchase at the time you purchase your annuity for an additional fee (this rider may not be available in all states). The GMWB guarantees a minimum amount in lifetime payments or withdrawals, subject to the rider s terms and conditions. The three versions of the GMWB offer different Annual Benefit Amount Percentages. In addition, not all versions of the GMWB offer a Benefit Base Bonus or a Roll-Up Feature. (See your Rider Specification Pages to determine if a Bonus or Roll-Up is in effect for your rider.) The fee for this rider will be deducted from the Fixed Account. If the value of the Fixed Account is not sufficient to cover this fee, the remaining fee will be deducted, pro rata, from the Indexed Account(s). The maximum fee for this rider is 1.5%. Your Benefit Base is an amount used to calculate your guaranteed lifetime payment amount. Your Benefit Base is equal to your Contract Value on the Contract Issue Date. In addition, the Benefit Base may be increased by the Benefit Base Bonus (if offered with your rider) on the Contract Issue Date. We calculate the Benefit Base Bonus by multiplying the Contract Value by the applicable percentage shown on your Rider Specifications Pages Your Benefit Base may be increased by the Roll-Up (if offered with your rider) and/or the Automatic Step-Up feature. On each Contract Anniversary during the first ten contract years, if no withdrawals have been made, we will increase your Benefit Base in accordance with the Roll-Up Table shown on your Rider Specifications Pages. Similarly, the Automatic Step-Up feature may increase your Benefit Base. If this feature is active, on each Automatic Step-Up Date, if the Contract Value, after deduction of all A5068DD

6 fees, is greater than the Benefit Base then in effect, we will automatically increase or step-up the Benefit Base to equal the Contract Value. Your Annual Benefit Amount is the amount that is guaranteed to be available for withdrawal or payment each Contract Year. It is calculated by multiplying the applicable Annual Benefit Amount Percentage shown on your Rider Specifications Pages by the Benefit Base at the time of the first withdrawal. You may request to take withdrawals up to the Annual Benefit Amount each Contract Year. However, withdrawals before the Benefit Eligibility Date or in excess of the Annual Benefit Amount will be considered excess withdrawals under the contract. We will recalculate and reduce the Benefit Base and Annual Benefit Amount each time you take an excess withdrawal. Additionally, withdrawals in general reduce your Contract Value. Not taking any withdrawals prior to the Benefit Eligibility Date and not taking excess withdrawals after the Benefit Eligibility Date gives you the highest potential Annual Benefit Amount available under the rider. Excess withdrawals also have the potential to terminate the rider without value if the Contract Value reduces to zero. If the Contract Value goes to zero but the Benefit Base is greater than zero, lifetime payments will begin and withdrawals are no longer allowed from the contract. Excess withdrawals will reduce the amount of your benefit. This benefit will terminate without value if any Covered Person is changed. It will also terminate without value: (1) on the date annuity payments begin, (2) the date the contract terminates, (3) the date the Owner cancels the rider after the Earliest Cancellation Date, (4) the date of death of any Covered Person under the Single Life Option, (5) the date of death of the surviving Covered Person under the Spousal Life Option, (6) when the Contract Value has been reduced to zero or, (7) in some states, the date you assign any rights or interest in this rider. A5068DD

7 ADJUSTMENTS, FEES, EXPENSE & OTHER CHARGES What happens if I take out some or all of the money from my annuity? Withdrawals will be deducted pro rata from all accounts. You will not earn Index Credits on the Account Value withdrawn from an Indexed Account unless you withdraw it on the Segment Maturity Date. What adjustments, fees, expenses and other charges will I pay? Surrender Charge: No withdrawals are permitted after the Contract Maturity Date. Before then, you can withdraw all or part of your Contract Value. We charge you for any withdrawals or surrenders in excess of the Free Withdrawal Amount as follows: For Phoenix Index Select and Phoenix Index Select Bonus: Complete Contract Years Surrender Charge as a percentage of Single Premium 0 10% 1 9% 2 8% 3 7% 4 6% 5 5% 6 4% 7 3% 8 2% 9 1% 10+ 0% Surrender Charges will only be applied up to the Single Premium less any prior withdrawals on which a Surrender Charge was paid. On 5/1/2015 you surrender the contract when the Contract Value is $ 12,000. The surrender charge percentage is 5%. The surrender charge is applied on the lesser of the Single Premium and Contract Value less Free Withdrawal Amount. Surrender charge = 5% x Min ($10,000, $12,000-$1,200) = $ MVA: An MVA is applied to withdrawals or surrenders in excess of the Free Withdrawal Amount that occur prior to the end of the surrender charge period. This means when you take out all or part of your annuity s value before the end of the surrender charge period, we may increase or decrease the amount you receive based on an MVA. If interest rates went up after you bought your annuity, the MVA likely will decrease the amount you receive. If interest rates went down, the MVA likely will increase the amount you receive (see the section below entitled MVA ). Premium Bonus Recapture Charge (applicable to Phoenix Index Select Bonus only): If you purchased Phoenix Index Select Bonus, you received a Premium Bonus when your contract was issued and we will charge you an amount equal to the applicable Premium Bonus Recapture Charge Percentage shown on the schedule below, multiplied by the Premium Bonus amount associated with the premium withdrawn in excess of the Free Withdrawal Amount. Example: Annuity contract was issued on 1/1/2010 with a Single Premium of $10,000. A5068DD

8 Phoenix Index Select Bonus Bonus Recapture Charge Schedule Complete Contract Years Bonus Recapture Charge as a percentage of Single Premium 0 98% 1 90% 2 80% 3 75% 4 70% 5 65% 6 55% 7 45% 8 30% 9 15% 10+ 0% Example: A Phoenix Index Select Bonus contract was issued on 1/1/2010 with a Single Premium of $10,000. The Premium Bonus Percentage on issue date was 5%. Premium Bonus Amount = $10,000 x 5% = $ On 5/1/2015 you surrender the contract when the Contract Value is $ 12,000. The Bonus Recapture Charge Percentage is 65%. The Bonus Recapture Charge is calculated as Premium Bonus Amount associated with surrender multiplied by the applicable Bonus Recapture Charge Percentage. Bonus recapture charge = $ x 65% = $ This charge will be applied on withdrawals and surrenders in excess of the Free Withdrawal Amount and any death benefits paid during the first three contract years unless the Spousal Continuation option is in effect. Surrender and Premium Bonus Recapture charges will not be applied if withdrawals in excess of the Free Withdrawal Amount are needed to meet Required Minimum Distribution (RMD) requirements for certain qualified contracts, including contracts issued in connection with Individual Retirement Annuities (IRAs) and qualified plans (including section 403(b) plans). In addition, if your annuity contract includes a Nursing Home Waiver or Terminal Illness Waiver amendment (not available in all states), any surrender charge and Bonus Recapture Charge will be waived upon surrender or withdrawal if certain conditions, as detailed in your amendment, are met. You should know that these benefits could be taxable and that any surrenders or withdrawals before age 59½ may incur a 10% federal income tax penalty. You should consult a tax advisor for advice on your own circumstances. Do I pay any other fees or charges? There is no sales charge, administrative charges or Mortality and Expense charge. However, a premium tax may be deducted from withdrawals and surrenders where required by law. MVA The Market Value Adjustment adjusts the value you receive on withdrawal or surrender. This adjustment is based on: (1) the Treasury Constant Maturity yield as published by the Federal Reserve for the maturity matching the duration of the surrender charge period as of the business day prior to the Contract Issue Date (2) the Treasury Constant Maturity yield as published by the Federal Reserve for the maturity matching the remaining years in the surrender charge period (fractional years rounded up to the next full year) as of the business day prior to the date of withdrawal or surrender; and (3) the number of complete months from the date of A5068DD

9 withdrawal or surrender to the end of the surrender charge period. In general, if interest rates are lower at the time of withdrawal than at the time the contract was issued, the value will be increased. If interest rates are higher at the time of withdrawal than at the time of issue, the value will be reduced. See the Market Value Adjustment Amendment to your contract or your financial representative for the mathematical formula used to determine the Market Value Adjustment. NEGATIVE MVA AND SURRENDER CHARGES: HOW THEY REDUCE YOUR CONTRACT VALUE WHEN BOTH ARE APPLIED The MVA applies to withdrawals and surrenders in excess of the Free Withdrawal Amount that occur during the surrender charge period. The MVA can be positive or negative. See the Market Value Adjustment Amendment to your contract for information regarding the positive and negative limits ( MVA cap ) of the MVA on surrenders and withdrawals. You should know that a negative MVA will never reduce the Surrender Value below your Single Premium amount. Also, a surrender charge will never reduce the Surrender Value below the TGV. In addition, the adjustment cannot increase the cash surrender by more than the maximum amount that the adjustment can decrease the Surrender Value. and a surrender charge affects your Contract Value: Phoenix Index Select: Assume the following when a Phoenix Index Select contract is surrendered: Assume the Single Premium is $10,000, Contract Value is $12,000, the Surrender Charge Percentage is 5% and the MVA Cap is $1,000. This means the MVA cannot increase or decrease the Surrender Value by more than $1,000. The Market Value Adjustment would be Contract Value surrendered in excess of the Free Withdrawal Amount multiplied by MVA factor. Where the MVA factor is equal to: ((1+i)/(1+j)) n/12 1 Assume the MVA factor is -2%. The Market Value Adjustment would be equal to: (Contract Value Surrendered - Free Withdrawal Amount) * MVA factor = ($12,000 - $1,200) * (-2%) = -$216 The Surrender Charge = Min (Single Premium, Contract Value Surrendered - Free Withdrawal Amount + Market Value Adjustment) * Surrender Charge Percentage = Min ($10,000, $12,000 - $1, ) * (5%)= $500 Surrender Value = $12,000 - $216 - $500 = $11,284 The following are examples of how the application of both a negative MVA A5068DD

10 Phoenix Index Select Bonus: The following example shows the calculation when a Phoenix Index Select Bonus contract is surrendered. The assumptions are the same as in the previous example. In addition, the Premium Bonus Percentage was 5% when the contract was issued. The Bonus Recapture Percentage is 65% at the time of surrender. The MVA and Surrender Charge calculation are the same as in the previous example. The Bonus Recapture Charge is calculated as Premium Bonus Amount associated with surrender multiplied by the applicable Bonus Recapture Charge Percentage. Bonus recapture charge = $10,000 x 5% x 65% = $ Surrender Value = $12,000 - $216 - $500 - $325= $10,959 SEPARATE ACCOUNT Your Single Premium and the interest we credit to your Contract Value is allocated to an account that is separate and apart from the Company s general account funds ( Separate Account ). The assets in the Separate Account are attributable to assets of other Index Select and Index Select Bonus contract owners only. Under Connecticut law these Separate Account assets must be segregated from our general account and all income, gains or losses, whether or not realized, of the Separate Account must be credited to or charged against the amounts placed in the Separate Account without regard to the other income, gains and losses from any other business or activity of the Company. The assets of the Separate Account may not be used to pay liabilities arising out of any other business that an insurer conducts and as such are insulated from the creditors of the insurer. CONTRACT GUARANTEES Any guarantee under the policy, such as interest credited to the Separate Account, or Contract Value transferred to the general account to pay out annuity payment options, or any guarantee provided by a rider to your annuity are paid from our general account. Therefore, any amounts that we may pay under the contract as part of a guarantee are subject to our long-term ability to make such payments. The assets of the Separate Account are available to cover the liabilities of our general account to the extent that the Separate Account assets exceed the Separate Account liabilities arising under the contracts supported by it. TAXES IRS Circular 230 Disclosure: Any tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, to avoid penalties imposed under the U. S. Internal Revenue Code, and was written to support the promotion or marketing of the transactions or matters addressed here. Individuals should seek independent tax advice based on their own circumstances. How will payouts and withdrawals from my annuity be taxed? This annuity is tax-deferred, which means you don t pay taxes on the earnings until an amount is paid to you. A5068DD

11 When you take payouts or make a withdrawal, you pay ordinary income taxes on the gain. You may also pay a 10% federal income tax penalty on taxable amounts you withdraw before age 59½. You can exchange one tax-deferred annuity for another without paying taxes on the earnings when you make the exchange. However, before you do, compare the benefits, features, and costs of the two annuities. You may pay a surrender charge if you make the exchange during the first ten years you own the annuity. Also, you may pay a surrender charge if you make withdrawals from the new annuity during the first ten years you own it. (See the section below entitled Federal Tax Status for more detailed information.) Does buying an annuity in a qualified retirement plan or IRA provide extra tax benefits? No individuals purchasing annuities as part of a retirement plan, including an IRA, do not receive any additional tax benefits from those that exist with any qualified retirement plan or IRA. Federal Tax Status Introduction The contracts are designed for use with Individual Retirement Annuities (IRAs) or non-iras (referred to as nonqualified contracts). The following discussion is general in nature and is not intended as individual tax advice. Each person should consult an independent tax or legal advisor on all tax issues. Please note that the federal income tax laws for annuities can change in the future; which could impact your individual tax situation. Taxation of Annuities in General Nonqualified Contracts In most cases, a Contract Owner is not taxed on increases in account value(earnings) until a distribution is made from the contract. Surrenders or Withdrawals Prior to the Contract Maturity Date A withdrawal or surrender of the contract prior to the contract Maturity Date is taxable to the extent of contract gain. Gain is the difference between the after-tax premiums paid less amount received. In general, for a nonqualified contract, all premiums are after-tax. A pledge, loan or assignment of a contract is treated as a payment received on account of a withdrawal from a contract and is taxable when made. Surrenders or Withdrawals On or After the Contract Maturity Date A lump sum is taxed on the total gain in the contract. For amounts received as an annuity, which are amounts payable at regular intervals over a period of more than one full year from the date on which they are deemed to begin, the taxable portion of each payment is determined by using a formula known as the exclusion ratio, which establishes the ratio that the premiums paid bears to the total expected amount of annuity payments for the term of the contract. That ratio is then applied to each payment to determine the non-taxable portion of the payment. The remaining portion of each payment is taxed as ordinary income. Penalty Tax on Surrenders and Withdrawals Premature Distributions Amounts surrendered, withdrawn or distributed before the Contract Owner/taxpayer reaches age 59½ are subject to a penalty tax equal to ten percent (10%) of the portion of such A5068DD

12 amount that is includable in gross income. This penalty tax is in addition to income tax on any gain. However, the penalty tax will not apply to withdrawals: (i) made on or after the death of the Contract Owner; (ii) attributable to disability; (iii) which are part of a Series of substantially equal periodic payments made for the life of the taxpayer, as well as a number of other specified reasons. Distribution-at-Death Rules If a Contract Owner dies before the contract Maturity Date, the contract s death benefit generally must be distributed within five (5) years after the date of death, or if payable to a designated beneficiary, may be paid over the life or life expectancy of that beneficiary. If the beneficiary is the federal spouse of the holder, the contract may be continued in the name of the spouse as holder. If the Contract Owner dies on or after the Maturity Date, the remaining payments, if any, under an annuity payment option must be made at least as rapidly as under the method of distribution in effect at the time of death. Any death benefits paid under the contract are taxable to the beneficiary at ordinary rates to the extent amounts exceed investment in the contract. Estate taxes and state income taxes may also apply. Transfer of Annuity Contracts Transfers of contracts may result in taxable income on the gain in the contract. Exchanges of Contracts No gain or loss shall be recognized on the exchange of one annuity contract for another. The contract proceeds must be transferred directly from one insurer to another insurer; they cannot be sent to the Contract Owner by the original insurer and then transmitted from the Contract Owner to the new insurer. Exchanges are permitted of the entire contract or a portion of the contract. Contract Owners contemplating exchanges should consult their tax and/or legal advisors. Taxation of Annuities in General Qualified Plans and IRAs The contracts may be used with several types of IRAs, including Traditional IRAs, SIMPLE IRAs, and Roth IRAs. The specific tax rules applicable to participants in these plans vary according to the type of plan. Each of the different types of IRAs is subject to limitations on the amount that may be contributed, the persons who may be eligible and on the time when distributions may commence. In addition, distributions from certain other types of qualified plans may be transferred into an IRA in a tax-deferred transaction. Participant loans are not allowed under IRA contracts. Details about each of these different types of IRAs are included in the respective contract endorsements. Federal or state requirements may impact the person entitled to death benefits under the contract. Consequently, a Contract Owner s named beneficiary designation or elected annuity payment option may not be enforceable, especially if the Contract Owner resides in a Community Property state. Surrenders or Withdrawals Prior to the Contract Maturity Date As with a non-qualified contract, a withdrawal or surrender of the contract prior to the contract Maturity Date is taxable to the extent of contract gain. For most IRAs, except for Roth IRAs, all of the premiums were paid with pretax amounts; thus, the entire amount of a surrender or withdrawal is taxable. A5068DD

13 For Roth IRA, as long as specified time and age requirements are met, there is no tax on surrenders or withdrawals. For an IRA, the Contract Owner must begin taking requiring minimum distributions (RMDs) no later than April 1 of the year following the year in which the Contract Owner attains age 70 ½. The amount of these RMDs is based on the annuity value on December 31 of the prior year as well as the current age of the Contract Owner. The annuity value takes into consideration both the cash value of the contract as well as the actuarial value of other contract benefits. If the required minimum distributions are not made, a 50% penalty tax is imposed as to the amount not distributed. We are required to file an information return to the IRS, with a copy to the participant, of the total account value of each account, the amount of any RMD and the date by which the RMD must be taken. For 2009 only, the obligation to take an RMD from a contract was suspended. Thus, no RMD is required in connection with There are no modifications to the RMD obligations for any other year, although legislation may be enacted which would impact RMDs for years other than Surrenders or Withdrawals On or After the Contract Maturity Date If some of the premiums paid into the IRA were after-tax amounts, for amounts received as an annuity, there is a computation of the taxable portion of annuity payments. The same computation is used as for a nonqualified annuity. Penalty Tax on Surrenders and Withdrawals Premature Distributions As with a nonqualified annuity, amounts surrendered, withdrawn or distributed before the Contract Owner/taxpayer reaches age 59½ are subject to a penalty tax equal to ten percent (10%) of the portion of such amount that is includable in gross income. In some cases, with a SIMPLE IRA, the penalty is 25% of the gain. These penalty taxes are in addition to income tax on any gain. However, the penalty tax will not apply to withdrawals: (i) made on or after the death of the Contract Owner; (ii) attributable to disability; (iii) which are part of a Series of substantially equal periodic payments made for the life of the taxpayer; (iv) distributions made to the Contract Owner for payment of medical care or medical insurance, and for other specified reasons. Distribution-at-Death Rules In addition to RMDs during the life of the individual, there are also required after-death distributions. These afterdeath RMDs apply to all qualified plans and IRAs, including Roth IRAs. The beneficiary of the contract may take payments earlier than provided under these after-death RMD rules, such as immediately after death, but cannot delay receipt of payments after the dates specified under these rules. If a Contract Owner dies before he or she attained the required beginning date (April 1 of the year after the year in which the Contract Owner attained age 70 ½), the contract s value generally must be distributed within five (5) years after the year of death, or if payable to a designated beneficiary, may be annuitized over the life or life expectancy of that beneficiary. If the Contract Owner dies on or after the required beginning date, the remaining account value, if any, must be distributed based on the longer of the life expectancy of the named A5068DD

14 beneficiary or the remaining life expectancy of the original Contract Owner. In all cases, if the beneficiary is the surviving spouse, there are special spousal continuation rules under which the spouse can treat the contract as his or her own and delay receiving payments until the spouse attains his or her own Exchanges of Contracts No gain or loss shall be recognized on the exchange of one annuity contract for another. The contract proceeds must either be (1) transferred directly from one insurer to another insurer or (2) paid to the Contract Owner and then reinvested in a new IRA as long as the reinvestment occurs within 60 days of the original distribution. The 60 day rule is strictly applied.. Withholding and Information Reporting We are required to file information returns with the IRS when there is a distribution from your contract that may have tax consequences and in certain other circumstances. In order to comply with our requirements, from time to time, we request that the Contract Owner provide certain information, including social security number or tax identification number and current address. In addition to information reporting, we are also required to withhold federal income taxes on the taxable portion of any amounts received under the contract unless you elect to not have any withholding or in certain other circumstances. You are not permitted to elect out of withholding if you do not provide a social security number or other taxpayer identification number. Special withholding rules apply to payments made to nonresident aliens. You are liable for payment of federal income taxes on the taxable portion of any amounts received under the policy. You may be subject to penalties if your withholding or estimated tax payments are insufficient. Certain states also require withholding of state income taxes on the taxable portion of amounts received. State laws differ regarding the procedure by which these amounts are computed and the extent to which a Contract Owner can elect out of withholding. Spousal Definition Federal law requires that under the Internal Revenue Code, the special provisions relating to a spouse relate only to persons considered as spouses under the Defense of Marriage Act (DOMA). Under this Act, a spouse must be a man and a woman legally joined. Individuals married under State or foreign laws that permit a marriage between two men or two women are not spouses for purposes of the Internal Revenue Code. Individuals participating in a civil union or other like status are not spouses for purposes of the Internal Revenue Code. Seek Tax Advice The above description of federal income tax consequences of the different types of qualified plans which may be funded by the contracts offered by this document is only a brief summary meant to alert you to the issues and is not intended as tax advice. The rules governing the provisions of IRAs are extremely complex and often difficult to comprehend. Anything less than full compliance with the applicable rules, all of which are subject to change, may have adverse tax consequences. A5068DD

15 OTHER INFORMATION What else do I need to know? Contracts Vary By State of Issue This is a summary of product features and options, which may vary by state. Actual product details may vary in a particular state based on the regulations of that state. If this disclosure document conflicts with the contract, the terms of the contract prevail. Please consult the contract and your financial representative for details, including any state variations, restrictions, terms and conditions that may apply. Changes to your contract We may change your annuity contract from time to time to follow federal or state laws and regulations. If we do, we will tell you about the changes in writing. Compensation We pay the agent, broker, or firm for selling the annuity to you. They may receive more compensation for selling this annuity contract than for selling other annuity contracts. Financial representatives often sell products issued by several different and unaffiliated insurance companies and the amount of compensation payable may vary significantly. Additionally, compensation paid to a financial representative will also vary between products issued by the same insurance company, including additional compensation payable as part of certain service arrangements. A financial representative may have an incentive to promote or sell one product over another depending on these differences in the compensation, potentially resulting in the sale of a product that may not be the best product to suit your needs. You should talk to your financial representative if you have questions about potential conflicts of interest that may be created by varying compensation plans. Regulation The annuity, and the solicitation, negotiation, and sale of the annuity are subject to regulatory oversight of the insurance department in your state. You may find contact information on your insurance department by visiting Annuities Are For Long-term Financial Needs Annuities are designed for long-term financial planning and are not designed for short-term investment strategies. Annuities that are offered to fund a qualified plan or Individual Retirement Account do not provide any additional tax deferred advantages. If your only or main investment objective is tax deferral, an annuity product may be more expensive than other products that provide tax deferred benefits. However, if you are looking for lifetime income payments, protection through death benefits, and guaranteed fees, this product may be right for you. Replacements Replacing any existing contract with this contract may not be to your advantage. You should talk with your financial representative before you replace your annuity contract. You should carefully compare the risks, charges, and benefits of your existing contract to the replacement policy to determine if replacing your existing contract benefits you. Additionally, replacing your A5068DD

16 contract could result in adverse tax consequences so you should also consult with your tax professional. Also, you may pay a surrender charge if you make the exchange during the surrender charge period of this annuity and you may pay a surrender charge if you make withdrawals from the new annuity during the first years you own it. You should know that once you have replaced your annuity contract, you generally cannot reinstate it unless the insurer is required to reinstate the previous contract under state law. This is true even if you choose not to accept your new annuity contract during your free look period. Free look If you are not satisfied with the contract, you may return it within 10 days after we deliver it to you for a refund of the Single Premium, excluding any Premium Bonus applied, less any withdrawals made as of the date of cancellation. You may return it by delivering or mailing the annuity, to either the agent or to us at the address listed on your annuity contract. Contracts purchased in connection with a qualified plan or IRA may have different free look provisions. Non-Security Status The Contract has not been approved or disapproved by the Securities and Exchange Commission ( SEC ). The Contract is not registered under the Securities Act of 1933 and is being offered and sold in reliance on an exemption therein. The Separate Account has not been registered under the Investment Company Act of 1940 and is being offered and sold in reliance on an exemption therein. The Insurance Company PHL Variable Insurance Company is a wholly owned subsidiary of Phoenix Life Insurance Company ( Phoenix ) through its holding company, PM Holdings, Inc. Phoenix is a life insurance company, which is wholly owned by The Phoenix Companies, Inc. ( PNX ), which is a manufacturer of insurance, annuity and asset management products. Phoenix Index Select and Phoenix Index Select Bonus (Contract Form Numbers ICC09EIA, ICC09EIAN, 09EIA or 09EIAN) are issued by PHL Variable Insurance Company (PHLVIC) (One American Row, Hartford, CT). Under Connecticut law, insurance companies are required to hold a specified amount of reserves in order to meet the contractual obligations of their general account to policy owners. State insurance regulators also require insurance companies to maintain a minimum amount of capital, which acts as a cushion in the event that the insurer suffers a financial impairment, based on the inherent risks in the insurer s operations. These risks include those associated with losses that an insurer could incur as the result of its own investment of its general account assets, which could include bonds, mortgages, general real estate investments, and stocks. Useful information about PHL Variable Life Insurance Company s financial strength, may be found on our website, located under About Us / Financial Strength along with information on ratings assigned to us by one or more independent rating organizations. Additionally, the consolidated financial statements and financial schedules from PNX and subsidiaries' Annual Report on A5068DD

17 Form 10-K for the year ended December 31, 2008 may also be found on our website, or a copy of any of the above referenced documents may be obtained for free by calling our Annuity Operations Division. The entities referenced above are separate entities, and each is responsible only for its own financial condition and contractual obligations. Guarantees are based on the claims-paying ability of the issuing company, PHL Variable Insurance Company. The insurance products are: Not insured by FDIC, NCUSIF, or any other state or federal agency that insures Not a deposit or obligation of, underwritten or guaranteed by, the depository Subject to surrender charges that could result in possible loss of principal invested. This is a summary document and not part of your contract with the insurer. PHL Variable Insurance Company P.O. Box Albany, NY A member of The Phoenix Companies, Inc. phoenixwm.com 2009 The Phoenix Companies, Inc. A5068DD