If no Commission Option default is elected, Option A will be the Default Option.

Transcription

1 SCHEDULE B COMPENSATION SCHEDULE FOR PACIFIC CHOICE - INDIVIDUAL FLEXIBLE PREMIUM VARIABLE ACCUMULATION DEFERRED ANNUITY This Schedule B is to be attached to and is made a part of the Selling Agreement (the Agreement ) between Pacific Life Insurance Company ( Pacific Life ), Pacific Life and Annuity Company, Pacific Select Distributors, Inc. ( Distributor ), Selling Broker/Dealer and General Agent. It is subject to the terms and conditions of the Agreement. In no event shall Pacific Life be liable for the payment of any compensation with respect to any solicitation made, in whole or in part, by any person not appropriately state insurance and securities licensed and registered prior to the commencement of such solicitation. The variable annuity insurance policy to which this Compensation Schedule applies, together with any riders or endorsements to such policies, certificates relating to such policies, supplemental contracts and forms, are referred to collectively herein as the Contracts. Pursuant to the Agreement, Pacific Life and Distributor have the right to terminate or amend this Schedule B at their sole discretion. After a change of Compensation Schedule or a change of Broker/Dealer, compensation due on existing Contracts shall be payable to the General Agent or Broker/Dealer in accordance with the Schedule B in effect at that time. When a Contract owner terminates a Broker/Dealer, no further commissions or compensation due on existing Contracts after termination shall be payable to General Agent or Broker/Dealer after the notice of termination is received and accepted by Pacific Life. 1. Compensation: Commissions will be paid to Broker/Dealer unless state law requires payment to an insurance agency, in which case commissions will be paid to the appropriate Broker/Dealer-affiliated General Agent. Broker/Dealer may elect the compensation schedule(s) below under which commission payments will be based by returning a completed, executed copy of this Compensation Schedule to Pacific Life. Broker/Dealer may elect to be paid under Option A, Option B, Option C or Option D. If the Registered Representative does not elect a Compensation Option at that time, compensation will be paid under the Default Option elected by the Broker/Dealer. If Broker/Dealer does not return an executed copy of this Schedule or if no Compensation Option is indicated below, all Options will be deemed elected; and If no Commission Option default is elected, Option A will be the Default Option. CHOICE M Page 1 of 6

2 Elect A Default Option: (USED WHEN COMMISSION OPTION IS NOT SPECIFIED ON A SUBMITTED APPLICATION) Option A Option B Option C Option D ELECT COMPENSATION OPTION(S) AVAILABLE TO YOUR REPRESENTATIVES: 5 Year CDSC Option Compensation Option Ages Commission Percentage Annualized Trail Trail Paid Option A % -0- N/A * -0- N/A * Reduce the full commission rate by.30% for each year over Age 75. Ex. Age 77: Commission Rate (Ages 0-75) {[Age 77-Age 75] x 0.30%} = Commission Rate. Option B % 0.25% 5th Quarter and thereafter % 5th Quarter and thereafter % 5th Quarter and thereafter Reduce the full upfront commission rate by.25% for each year over Age 75. Ex. Age 77: Commission Rate (Ages 0-75) {[Age 77-Age 75] x 0.25%} = Commission Rate. Reduce the full upfront commission rate by.30% for each year over Age 75. Ex. Age 82: Commission Rate (Ages 0-75) {[Age 82-Age 75] x 0.30} = Commission Rate. Option C % 1.00% 13th Quarter and thereafter % 13th Quarter and thereafter Reduce the full upfront commission rate by.20% for each year over Age 80. Ex. Age 82: Commission Rate (Ages 0-80) {[Age 82-Age 80] x 0.20%} = Commission Rate. Option D % 1.00% 5th Quarter and thereafter % 5th Quarter and thereafter Reduce the full upfront commission rate by.10% for each year over Age 80. Ex. Age 82: Commission Rate (Ages 0-80) {[Age 82-Age 80] x 0.10%} = Commission Rate. CHOICE M Page 2 of 6

3 Elect A Default Option: (USED WHEN COMMISSION OPTION IS NOT SPECIFIED ON A SUBMITTED APPLICATION) Option A Option B Option C Option D ELECT COMPENSATION OPTION(S) AVAILABLE TO YOUR REPRESENTATIVES: 3 Year CDSC Option Compensation Option Ages Commission Percentage Annualized Trail Trail Paid Option A % 0.25% 5th Quarter and thereafter * 0.25% 5th Quarter and thereafter * Reduce the full commission rate by.30% for each year over Age 75. Ex. Age 77: Commission Rate (Ages 0-75) {[Age 77-Age 75] x 0.30%} = Commission Rate. Option B % 1.00% % 13th Quarter and thereafter 13th Quarter and thereafter Reduce the full upfront commission rate by.30% for each year over Age75. Ex. Age 77: Commission Rate (Ages 0-75) {[Age 77-Age 75] x 0.30%} = Commission Rate. Option C % 1.00% 5th Quarter and thereafter % 5th Quarter and thereafter Reduce the full upfront commission rate by.20% for each year over Age 80. Ex. Age 82: Commission Rate (Ages 0-80) {[Age 82-Age 80] x 0.20%} = Commission Rate. Option D % 1.25% 5th Quarter and thereafter % 5th Quarter and thereafter Reduce the full upfront commission rate by.20% for each year over Age 80. Ex. Age 82: Commission Rate (Ages 0-80) {[Age 82-Age 80] x 0.20%} = Commission Rate. CHOICE M Page 3 of 6

4 CDSC Free Option Compensation Option Ages Commission Percentage Annualized Trail Trail Paid Option A (Upfront) % 1.00% Month * 1.00% Month % Month 3+ * Reduce the full upfront commission rate by.10% for each year over Age 80. Ex. Age 82: Commission Rate (Ages 0-80) {[Age 82-Age 80] x 0.10%} = Commission Rate. 2. Commission Calculation: Commissions based on premium will be calculated only on premium actually received and accepted by Pacific Life. Commissions will be paid only on an earned basis. The commission percentage applied to premium received will be reduced for certain ages as indicted in the commission rates table above. Commission rates will be determined based on the older of the annuitant or owner. If there are joint annuitants and/or joint owners, the older annuitant or owner will be used to determine the commission rate where applicable. If there is a Non-Natural Owner the commission rate will be determined based on the annuitants age. In the event any age is misstated, commissions will be recalculated and any adjustment will be made, as appropriate, in the next commission cycle. 3. Trail Commission: Trail commissions are calculated and paid quarterly, using the applicable annualized rate, and are based upon the Contract s accumulated value less any Contract debt. Of the trail commissions paid, pursuant to a Service Plan adopted by Pacific Select Fund ( Fund ), and for so long as the Plan remains in effect, an annual rate of 20 basis points (.20%) is compensation for servicing the Contract Owners and providing Contract Owners with information with respect to their underlying Variable Investment Options in Pacific Select Fund under their Contracts, including, but not limited to: responding to Contract Owner inquiries about the Fund and its Portfolios and Managers; providing information on premiums and cash values allocated to and historical activity in Variable Investment Options; assisting Contract Owners with the administration of Contract features relating to Variable Investment Options including transfers, dollar cost averaging, asset allocation, rebalancing, and allocation of Contract withdrawals; responding to inquiries regarding Fund documents including the prospectus, SAI, supplements, reports, notices and proxies; and such other services and information as may be reasonably requested by its customers from time to time respecting the Fund and its Portfolios. It does not in any way increase the commission otherwise payable hereunder, nor does it create or modify any right to receive such amounts. Trail commissions will be payable on the next commission cycle following each trail calculation date, provided the Contract is in force on such commission cycle date. The Contract s accumulated value and debt are determined as of the first business day of the applicable Contract quarter. Contract quarter is calculated from the issue date. 4. Annuitization Commissions: At annuitization of a contract if trail commissions are currently being paid they will continue to be paid as follows: (a) trail commissions will continue to be paid at the current trail rate for the contract if a variable annuitization option is chosen, excluding Period Certain payouts of less than 10 years. The trail rate in effect at the time of annuitization will apply to the contract value of the contract that is variable annuitized; (b) if a fixed annuitization option is chosen, a one-time amount equal to four times the trail commission rate currently in effect will paid based on the contract value annuitized, excluding Period Certain payouts of less than 10 years. For example: if the annualized trail commission rate is 0.25% at the time of fixed annuitization the commission paid will be 0.25% x 4 = 1.0. CHOICE M Page 4 of 6

5 5. Compensation Payments: Commission on initial premium will be due to the Agency or Broker/Dealer at the time of issuance of the Contract and for all other premium payments at the time of the receipt and acceptance of premium by Pacific Life. We reserve the right to modify commissions for subpayments at any time. The amount, if any, and the time of payment of compensation on replacements, changes, exchanges and other special cases and programs will be governed by Pacific Life s review and determination. We reserve the right to disallow compensation on initial or subsequent premium payments with respect to any Contract where we determine that commission was previously paid within the prior twelve (12) calendar months in connection with premium payments made by the same Contract Owner where such Contract Owner has requested a partial or full surrender of equal value. For any case where we determine that no commission is due, a commission charge back will be processed. With respect to any Contract, or group of Contracts, that either Pacific Life or Distributor may determine to be a special case and for which at the time the application is submitted, the initial purchase payment is greater than $1 million, Pacific Life and Distributor may determine that the commissions in this Schedule B do not apply and establish an alternative commission schedule for such Contract or group of Contracts. 6. Commission Chargeback: In the event that a Contract for which a commission has been paid is rescinded or voided (including by reason of a death prior to Contract issue), or returned to Pacific Life as a result of a Contract owner exercising the free look provision of the Contract, or a premium for which commission has been paid is refunded by Pacific Life, then Pacific Life will charge back 100% of the commission paid. Pacific Life may also charge back commissions on any partial or full surrender which is subsequently reapplied as premium to any Contract within twelve (12) calendar months as described under paragraph 5 of this Schedule B. In the event that a Contract for which a commission has been paid is surrendered or exchanged, a chargeback* will occur, calculated from the Contract issue date for the initial premium and from the date of receipt for subsequent premiums, as follows: 5 year and 3 year Contract Deferred Surrender Charge (CDSC) 100% chargeback in months 1 through 6 50% chargeback in months 7 through 12 0% thereafter 0-year Contract Deferred Surrender Charge (CDSC) 100% chargeback in months 1 through 3 75% chargeback in months 4 through 6 50% chargeback in months 7 through 9 25% chargeback in months 10 through 12 0% thereafter *We also reserve the right to charge back on the 5 year and 3 CDSC options if 25% or more of the premium is partially surrendered. on the 0 year CDSC if 10% or more of the premium is partially surrendered. If the Contract owner or annuitant dies of natural causes within the first three months of the Contract issue date then Pacific Life will charge back 100% of all Commissions and Marketing Support paid. Upon determination by Pacific Life that the death of the Contract owner or annuitant is not due to natural causes, no charge back will be applied. Pacific Life and Distributor may deduct commission chargebacks from any compensation otherwise due to Broker/Dealer and/or General Agent by Pacific Life and/or Distributor. If the amount to be deducted exceeds compensation otherwise due, Broker/Dealer and General Agents will promptly reimburse Distributor before the next commission cycle or within 10 business days from the date of mailing of a written demand for reimbursement, whichever is later. Broker/Dealer and General Agents are jointly and severally liable for such chargebacks. CHOICE M Page 5 of 6

6 Effective Date of this Compensation Schedule: May 1, 2013 NOTE: If Broker/Dealer is electing Commission or Default Options, check appropriate boxes in Paragraph 1 above, execute and return to Pacific Life; otherwise, no signature is required. The address to return this Schedule B is: Pacific Life Insurance Company PO Box 2378 Omaha, NE (Broker/Dealer Name) By: (Signature) Name/Title: Date: CHOICE M Page 6 of 6