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23 JULY 2009 

EXHIBIT C

UNITED STATES DISTRICT COURT FOR THE 

EASTERN DISTRICT OF PENNSYLVANIA

NOTICE OF CLASS ACTION, 

PROPOSED SETTLEMENT, AND FAIRNESS HEARING 

If you own or previously owned a deferred annuity from American 

Investors Life Insurance Company or AmerUs Life Insurance Company 

(now known as Aviva Life and Annuity Company) that was issued 

between January 1, 1998, and July __, 2009 {insert Preliminary Approval 

Date}, you may be entitled to benefits from a class action settlement. 

A United States District Court authorized this Notice. This is not a solicitation 

from a lawyer. You are not being sued.

You received this Notice because you are listed as being a current or former owner of a deferred annuity 

policy that is included in the proposed settlement of a class action lawsuit. The Court directed that this 

Notice be sent to you because you have a right to know about the proposed settlement, and your rights 

and options under the proposed settlement, before the Court decides whether to approve it. This Notice 

explains the lawsuit, the proposed settlement, your legal rights under the settlement, what settlement 

benefits are included in the proposed settlement, who is eligible for the proposed settlement benefits, and 

how the settlement benefits can be obtained if the Court approves the settlement. Please provide a copy 

of this Notice to any additional or former owners of your policy if they have not already received it. 

You should consult your own tax advisor regarding the tax consequences to you of the proposed 

settlement, including, without limitation, the tax consequences of any payments, credits, and 

payment periods provided for under the proposed settlement, and any tax reporting obligations 

you may have. 

QUESTIONS? CALL 1-8XX-XXX-XXXX (1-8YYYYY-YYYY FOR THE HEARING-IMPAIRED) 

FROM MONDAY THROUGH [________] 

9:00 A.M. (EASTERN) TO [______] P.M. (EASTERN) 

YOUR LEGAL RIGHTS ARE AFFECTED WHETHER YOU ACT OR DO NOT ACT. 

PLEASE READ THIS NOTICE CAREFULLY AND KEEP IT WITH YOUR POLICY.
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Terms used in this Notice that appear in bold print are explained in the “List of Key Terms” included in 

Appendix A at the back of this Notice. 

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: 

DOING NOTHING IN 

RESPONSE TO THIS 

NOTICE

If your policy is categorized for purposes of the settlement as in deferral, 

in annuitization, or fully annuitized, and you do nothing in response to 

this Notice, that policy will be eligible for the basic General Policy Relief, 

subject to certain terms and conditions explained below under question 12 

of this Notice. If your policy is categorized for purposes of the settlement 

as fully surrendered or a death benefit policy, and you do nothing in 

response to this Notice, you will not receive any settlement benefit. 

Regardless of the status or disposition of your policy, if you do nothing in 

response to this Notice, you will give up all rights to sue any of the 

Defendants in this case – American Investors Life Insurance Company, 

AmerUs Life Insurance Company (now known as Aviva Life and Annuity 

Company), AmerUs Group Company (now known as Aviva USA 

Corporation), AmerUs Annuity Group Co., Creative Marketing 

International Corporation, and Insurance Agency Marketing Services, Inc. 

– as well as the person(s) who sold your policy and certain other released 

parties included as “Releasees” in the Stipulation of Settlement, 

concerning the policy or the manner in which it was marketed or sold, or 

any other legal claims that were made or could have been made in this 

case, as more fully described in the Stipulation of Settlement. The 

Stipulation of Settlement is the agreement that sets out the terms and 

conditions of the proposed settlement. A copy of the Stipulation of 

Settlement is available at www._________________ and can also be 

obtained by contacting the Settlement Administrator at the address and 

toll-free telephone numbers listed below under question 29 of this Notice. 

OBTAINING THE BASIC 

GENERAL POLICY RELIEF

If your policy is categorized for purposes of the settlement as in deferral, 

in annuitization, or fully annuitized, that policy will be eligible for the 

basic General Policy Relief. This relief gives the owner of an eligible 

policy the opportunity to have the annuitant (or the owner, in the case of a 

fully annuitized policy) receive a bonus based in most cases on the 

policy’s accumulation value and, for a policy in deferral, to have annuity 

payments to the annuitant begin at any time after the first anniversary of 

the policy’s issue date and while the policy remains in deferral. 

For a policy in deferral, the bonus is received as a credit to the 

accumulation value, but only if the owner contacts the Company that 

issued the policy to request implementation of the relief. The policy is 

then taken out of deferral and the annuitant receives the accumulation 

value through periodic annuity payments (with interest) starting as soon as 

reasonably practicable after the Company receives the paperwork required 

for implementation, and continuing generally over a period of 4 years if 

the policy has been in effect for at least 5 years, or 7 years if it has not. 
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OBTAINING THE BASIC 

GENERAL POLICY RELIEF 

(CONTINUED) 

For a policy in annuitization, the bonus is paid in equal installments with 

the remaining annuity payments to the annuitant, again if the owner

contacts the Company that issued the policy to request implementation of 

the relief. For a fully annuitized policy, the bonus is paid in a lump sum 

to the person who was the owner of the policy when it was annuitized; no 

request for implementation is required. This is all explained in more detail 

under question 12 of this Notice. 

The amount of the bonus, and how and when it is received, are additional 

policy benefits that may be available to you under the settlement, that will 

vary depending on the status of the policy, and that can affect the amount 

of annuity payments and when such annuity payments are received. 

Therefore, if your policy is categorized as in deferral or in annuitization, 

and you decide that you want the basic General Policy Relief applied to 

your policy, you will need to contact the Company that issued your policy

to request implementation of the relief. However, you do not have to 

implement the relief and can always keep your policy in deferral or in 

annuitization as is. Doing so, however, will result in no bonus being 

received for that policy. 

The basic General Policy Relief will NOT be available if you or another 

owner (if any) of your policy (1) requests to be excluded from the 

settlement, or (2) submits an Election Form for the enhanced General 

Policy Relief or a Claim for Claim Process Relief, as described below. 

OBTAINING ENHANCED 

GENERAL POLICY RELIEF

If your policy is categorized for purposes of the settlement as in deferral, 

in annuitization, or fully annuitized and is a 65-and-Over Contract – 

meaning that each original owner of the policy when it was issued (or the 

annuitant of the policy if no original owner was a natural person) was at 

least 65 years of age when the policy was issued – you may complete and 

return (by U.S. mail) Part I of the enclosed Election Form for enhanced

General Policy Relief. The postmark deadline for mailing Part I of the 

Election Form is November 26, 2009. 

The enhanced General Policy Relief for an eligible 65-and-Over 

Contract is the same as the basic General Policy Relief, except that the 

amount of the bonus may be higher. The bonus amount will depend on 

certain information concerning the age and liquid net worth of the original 

owner(s) of the policy, which you must provide in the Election Form. As 

with the basic General Policy Relief, you will need to contact the

Company that issued your policy if you want to implement the enhanced

General Policy Relief for a policy in deferral or a policy in 

annuitization. This is all explained in more detail below under 

question 12. 

The enhanced General Policy Relief will NOT be available if you or 

another owner (if any) of your policy (1) requests to be excluded from the 

settlement, or (2) submits an Election Form to participate in the Claim 

Review Process for Claim Process Relief, described below. 
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SUBMITTING A CLAIM FOR 

CLAIM PROCESS RELIEF

Through the Claim Review Process, you may submit and attempt to prove 

a Claim for the Claim Process Relief described under question 13 of this 

Notice. To participate in this process, you must complete and return (by 

U.S. mail) Part II of the enclosed Election Form and, later, a Claim Form 

that will be sent to you if and after the Court gives final approval to this 

settlement. The postmark deadline for mailing Part II of the Election Form 

is November 26, 2009. 

You CANNOT participate in the Claim Review Process for your policy if 

you or another owner (if any) of the policy requests to be excluded from 

the settlement. If you submit a Claim for Claim Process Relief for your 

policy, it will NOT be eligible for any General Policy Relief. 

EXCLUDING YOURSELF

You may exclude yourself from the proposed settlement. If you exclude 

yourself, you will receive no settlement benefits whatsoever. This is the 

only option that allows you ever to be part of any other lawsuit against any 

of the Defendants or other released parties included as “Releasees” in the 

Stipulation of Settlement about your policy or the manner in which it was 

marketed or sold, or to make any other legal claims that were or could 

have been made in this case against any of the Defendants and other 

Releasees. All exclusion requests must be submitted by U.S. mail to the 

address listed below under question 17 of this Notice – postmarked no 

later than _______ __, 2009 {insert date that is 45 days after date of 

Notice appearing on last page}. 

OBJECTING

If you do not like the proposed settlement and you do not exclude yourself, 

you may write to the Court to object and explain why. All objections must 

be submitted by U.S. mail to the addresses listed below under question 22 

of this Notice, postmarked no later than _______ __, 2009 {insert date 

that is 45 days after date of Notice appearing on last page}. If you 

submit a written objection, the Court will take it into account in 

considering whether to approve the settlement. 

SPEAKING AT THE 

FAIRNESS HEARING

You may ask to speak in Court about the fairness of the settlement at the 

Fairness Hearing set for November 6, 2009, but ONLY if you do not 

exclude yourself from the settlement AND you properly and timely submit 

a written objection and a notice of intention to appear, as instructed under 

questions 22 and 26 of this Notice. 

These rights and options – and the procedures and deadlines to exercise them – are explained in more 

detail below. Please note, however, that this Notice is only a summary of the terms and conditions of the

proposed settlement. For a complete description of the terms and conditions of the proposed settlement, 

you should read the agreement called the Stipulation of Settlement, which was filed with the Court and is 

available at the following web site: www.________________. A copy of the Stipulation of Settlement 

also can be obtained by contacting the Settlement Administrator at the address and toll-free telephone 

numbers listed below under question 29 of this Notice. 
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The Court in charge of this case still has to decide whether to approve the settlement. Settlement 

benefits will be available only if and after the Court approves the settlement. Please be patient. 
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WHAT THIS NOTICE CONTAINS

BASIC INFORMATION ........................................................................... PAGE 7

1. Why did I get this Notice? 

 2. What is this lawsuit about? 

 3. Why is this a class action? 

 4. Why is there a settlement? 

WHO IS COVERED BY THE SETTLEMENT? ............................................ PAGE 8

 5. How do I know if I am part of the settlement Class? 

 6. Are there exceptions to being included in the settlement Class? 

 7. Are there exceptions to being eligible for settlement benefits? 

 8. Are beneficiaries under the policies entitled to relief? 

 9. Can I participate in the settlement if I live outside the United States? 

 10. I’m still not sure if I am included in the settlement. 

THE SETTLEMENT BENEFITS – WHAT YOU CAN GET.......................... PAGE 10

 11. What benefits does the settlement generally provide? 

 12. What is General Policy Relief, and how can I obtain it? 

 13. What is Claim Process Relief, and how can I obtain it? 

 14. When would I get my settlement benefit? 

 15. What am I giving up to get a settlement benefit or stay in the Class? 

 16. What is the non-economic settlement relief? 

EXCLUDING YOURSELF FROM THE SETTLEMENT ................................ PAGE 21

 17. How do I get out of the settlement? 

 18. If I don’t exclude myself, can I sue the Defendants for the same thing later? 

 19. If I exclude myself, can I get any benefit from this settlement? 

THE LAWYERS REPRESENTING YOU .................................................... PAGE 22

 20. Do I have a lawyer in the case? 

 21. How will the lawyers be paid? 

OBJECTING TO THE SETTLEMENT ........................................................ PAGE 23

 22. How do I tell the Court that I don’t like the settlement? 

 23. What’s the difference between objecting and excluding myself? 

THE COURT’S FAIRNESS HEARING....................................................... PAGE 24

 24. When and where will the Court decide whether to approve the settlement? 

 25. Do I have to come to the hearing? 

 26. May I speak at the hearing? 

IF YOU DO NOTHING............................................................................ PAGE 25

 27. What happens if I do nothing at all in response to this Notice? 

GETTING MORE INFORMATION............................................................ PAGE 25

 28. Are more details about the settlement available? 

 29. How do I get more information? 

APPENDIX A: LIST OF KEY TERMS....................................................................... PAGE 27 

APPENDIX B: POLICIES COVERED BY THE SETTLEMENT...................................... PAGE 29 

APPENDIX C: ENHANCED GENERAL POLICY RELIEF TABLE................................ PAGE 35 

APPENDIX D: SCORING GUIDELINES AND SCORING FACTORS.............................. PAGE 36 

APPENDIX E: INSTRUCTIONS FOR IMPLEMENTING GENERAL POLICY RELIEF..... PAGE 39 
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BASIC INFORMATION

1. Why did I get this Notice? 

You received this Notice because you are listed as being a current or former owner of an annuity policy 

that is included in the proposed settlement of a class action lawsuit. The Court directed that the parties 

send you this Notice because you have a right to know about the proposed settlement, and about your 

rights and options under the proposed settlement, before the Court decides whether to approve it. 

The Court in charge of the case is the United States District Court for the Eastern District of 

Pennsylvania, and the case is known as In re American Investors Life Insurance Co. Annuity Marketing 

and Sales Practices Litigation, MDL Docket No. 1712. The people who sued are called the Plaintiffs, 

and the companies they sued – American Investors Life Insurance Company, AmerUs Life Insurance 

Company (now known as Aviva Life and Annuity Company), AmerUs Group Company (now known as 

Aviva USA Corporation), AmerUs Annuity Group Co., Creative Marketing International Corporation, 

and Insurance Agency Marketing Services, Inc. – are referred to in this Notice as the Defendants. 

If the Court approves the settlement, the Defendants will provide the settlement relief benefits provided 

for in the approved settlement. 

2. What is this lawsuit about? 

The case covered by the proposed settlement involves several putative class action complaints that were 

brought against the Defendants and others. These complaints alleged, among other things, that sales 

agents, marketing organizations, trust attorneys, and annuity companies marketed and sold annuity 

policies that were unsuitable given the circumstances of the purchasers or the annuitants under the 

policies, and that those marketing and sales efforts in some cases included the provision of estate or 

financial planning services. These complaints also alleged that the defendants named therein failed to 

disclose substantial surrender charges associated with the annuities sold; failed to disclose that the 

annuities had maturity dates beyond the annuitants’ life expectancies; collectively represented the 

annuities as suitable investments for the purchasers notwithstanding the alleged fact that, because of 

various factors including the illiquidity of the annuities and the actual rate of return on purchasers’ funds, 

the annuities were unsuitable investments for the purchasers; and failed to fully and accurately represent 

to purchasers the benefits under the annuities. Certain of these complaints also alleged that some 

defendants engaged in churning activities by persuading purchasers to surrender existing annuities and 

investments or to borrow against the cash value in existing insurance policies, and that such defendants 

failed to train and supervise their annuity sales force. Several of the complaints further alleged that the 

sales of certain annuities were improper because, given the ages of the purchasers or the annuitants, their 

normal life expectancies were shorter than the surrender charge and deferral periods under the annuities, 

rendering the annuities per se unsuitable. 

The Defendants dispute all of these claims. The Defendants deny that they did anything wrong in the 

sale of the annuity policies, and maintain that they have designed, produced, marketed, and administered 

the annuity policies correctly, in accordance with their terms and all applicable laws. 
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3. Why is this a class action? 

In a class action, one or more people, called Class Representatives (in this case, Richard M. and Dena F. 

Stein and nine other persons), sue on behalf of people who allegedly have similar claims. All of these 

people together are a class. One court resolves the issues for all members of the class, except for those 

who exclude themselves from the class. Although this case has been brought as a class action, the Court 

in charge of the case has preliminarily certified a Class only for the purposes of settlement, and has not 

otherwise decided whether it should be certified as a class action. 

4. Why is there a settlement? 

The Court did not decide in favor of the Plaintiffs or the Defendants. Instead, both sides agreed to a 

settlement before the case proceeded to a trial. The Class Representatives and their attorneys think the 

settlement is best for all members of the proposed settlement Class. 

WHO IS COVERED BY THE SETTLEMENT?

To determine if you can get any settlement benefits from this settlement if the Court approves it, you 

first have to establish that you are a member of the settlement Class. 

5. How do I know if I am part of the settlement Class? 

The Class for this settlement includes every person or entity that, during the Class Period, was a 

purchaser or an owner of a deferred annuity policy having a product name or a policy form number 

listed in Appendix B to this Notice that was issued during the Class Period by either American Investors 

Life Insurance Company or AmerUs Life Insurance Company (now known as Aviva Life and Annuity 

Company), or one of their respective predecessor companies listed in Appendix B, and that was not 

returned and/or cancelled pursuant to any applicable “free-look” provision. The Class Period is the 

period commencing on January 1, 1998, and ending on July __, 2009 {insert Preliminary Approval 

Date}. The deferred annuity policies described in this paragraph are referred to in this Notice as the 

policies.

6. Are there exceptions to being included in the settlement Class? 

Yes. The following persons and entities are not included in the Class: (1) officers, directors, or 

employees of any Defendant; (2) the affiliates, legal representatives, attorneys, or assigns of any 

Defendant; (3) any judge, justice, or judicial official presiding over this lawsuit and the staff and 

immediate family of any such judge, justice, or judicial official; (4) persons who score the Claims 

submitted to the Claim Review Process, persons who serve as the Claim Review Process arbitrator, and 

members of their respective immediate families; and (5) all persons and entities included in, and who did 
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not exclude themselves from, the settlement class in the action styled “Cheves, et al. v. American 

Investors Life Insurance Company, Inc., et al.,” Case No. 031024, which action was previously pending 

in the Superior Court of the State of California. In addition, all persons or entities that receive this 

Notice and fall under the definition of the Class but submit a valid written request to be excluded from 

the Class will thereafter not be included in the Class. In this Notice, the term “Class Member” is used to 

describe all persons and entities that fall under the definition of the Class and do not submit a valid 

written request to be excluded from the Class. 

7. Are there exceptions to being eligible for settlement benefits? 

Yes. Your eligibility for General Policy Relief or Claim Process Relief, and the specific nature of the 

relief, will depend on the status of your policy, as described in this Notice. In addition, if at the time any 

of the settlement relief is otherwise to be implemented for your policy you previously signed or are 

bound by a release of claims relating to one or more of the Defendants in connection with your policy, 

that policy will not be entitled to receive any settlement relief unless the previous settlement otherwise 

expressly provides. Furthermore, if your policy is otherwise entitled to receive settlement relief but you 

already received a credit to the value of your policy or a cash payment relating to your policy as a result 

of a complaint you submitted or any claim, action, or proceeding brought against a Defendant by anyone, 

the amount of that credit or cash payment will be deducted from the settlement relief, if any, for your 

policy. You will be notified of any deduction of this kind relating to your policy if and when settlement 

relief is implemented for that policy. If the amount of that credit or cash payment exceeds the value of 

any settlement relief applicable to your policy, no settlement relief will be given for that policy. 

8. Are beneficiaries under the policies entitled to relief? 

No. Beneficiaries under the policies are not included in the Class, and the proposed settlement relief is 

not available to any such beneficiaries. The rights under the proposed settlement of a deceased owner of 

a policy, however, may be exercised by the estate of the owner, upon reasonable showing of proof of 

authority from the purported representative of the estate. 

9. Can I participate in the settlement if I live outside the United States? 

Yes. A Class Member who lives outside the United States of America or its territories can still 

participate in the settlement. The only difference is that if that Class Member wants to submit an item 

described in this Notice (for example, an Election Form, a request for exclusion from the settlement, or 

an objection to the settlement), the Class Member will not be required to send the item by U.S. mail. 

Instead, a Class Member residing outside the United States of America or its territories may send the 

item by other governmental postal service or private international delivery service, but in each such case 

the item must bear a stamped postmark or similar mark showing when it was sent because all of the 

postmark deadlines explained in this Notice will still apply. 
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10. I’m still not sure if I am included in the settlement. 

If you’re not sure whether you are included in the settlement, call the American Investors Annuity Class 

Action Information Center at 1-8xx-xxx-xxxx (1-8yy-yyy-yyyy for the hearing-impaired) for more 

information. 

THE SETTLEMENT BENEFITS – WHAT YOU CAN GET

11. What benefits does the settlement generally provide? 

The proposed settlement provides for General Policy Relief and allows for participation in a Claim 

Review Process through which Claim Process Relief may be available. General Policy Relief and Claim 

Process Relief are different – and mutually exclusive – alternatives. A policy may receive General 

Policy Relief or Claim Process Relief, but not both. These two types of settlement relief are described 

below. Please note, however, that none of these benefits will be available for a policy if any current 

or former owner of the policy excludes himself or herself from the settlement, or if the Court does 

not give final approval to the proposed settlement.

12. What is General Policy Relief, and how can I obtain it? 

If the Court approves the proposed settlement, General Policy Relief will be available for policies that 

are categorized for the purposes of the settlement as in deferral, in annuitization, or fully annuitized as 

of the Final Settlement Date. General Policy Relief will not be available for any other policies, 

including, without limitation, policies categorized as surrendered policies and death benefit policies. 

(Surrendered policies and death benefit policies may be eligible for Claim Process Relief, as described 

under question 13 below.) In any case, if a Class Member elects to participate in the Claim Review 

Process for a policy, that policy will not be eligible for any General Policy Relief. 

As explained in more detail below, the General Policy Relief includes two different levels – basic and 

enhanced. Also, for a policy categorized as in deferral or in annuitization, the owner will have the 

right to keep the policy in effect as is under its current terms and conditions. Therefore, owners of 

policies categorized as in deferral or in annuitization will need to affirmatively request implementation 

of the General Policy Relief if they want it for their policies, and they may do so generally at any time 

that the policies remain in deferral or in annuitization. This is also explained in more detail below.

►What is the basic General Policy Relief?

If a policy is eligible for General Policy Relief and the owner does not submit the Election Form for 

enhanced General Policy Relief or a Claim for Claim Process Relief, that policy will be eligible for the 

basic General Policy Relief. The basic General Policy Relief gives the owner of an eligible policy the 

opportunity to have the annuitant (or the owner, in the case of a fully annuitized policy) receive a bonus 

based in most cases on the policy’s accumulation value. For a policy in deferral, receiving the bonus 

requires that the policy be taken out of deferral, and the General Policy Relief gives the owner the 
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opportunity to request that this be done at any time after the first anniversary of the policy’s issue date 

and while the policy remains in deferral. If this request is made, annuity payments to the annuitant 

would begin as soon as reasonably practicable after the Company receives the required paperwork and 

continue generally over 4 or 7 years, depending on when the policy was issued. In any case, for each 

eligible policy, the amount of the bonus, and how and when it is received, varies depending on the status 

of the policy, as explained in the following paragraphs. 

▪How much is the bonus? 

For a policy eligible for basic General Policy Relief that also is a 65-and-Over Contract – meaning that 

each original owner of the policy when it was issued (or the annuitant of the policy if no original owner

was a natural person) was at least 65 years of age when the policy was issued – the bonus percentage is 

0.40%. For other policies eligible for basic General Policy Relief, the bonus percentage is 0.15%. 

For a policy categorized as in deferral, the amount of the bonus equals the applicable bonus percentage 

multiplied by the accumulation value of the policy if and when the owner decides to implement the 

relief. For a policy categorized as in annuitization, the amount of the bonus equals the applicable bonus 

percentage multiplied by the accumulation value of the policy when it was annuitized. However, in the 

case of a policy that was categorized as in annuitization because it was fully surrendered and exchanged 

for a single-premium immediate annuity (known as a “SPIA”) that was still active and the subject of 

continuing annuity payments as of the Final Settlement Date, the amount of the bonus equals the 

applicable bonus percentage multiplied by the amount received on the surrender of the policy and paid in 

as premium for the SPIA. For a policy categorized as fully annuitized, the amount of the bonus equals 

the bonus percentage multiplied by the accumulation value of the policy when it was annuitized. 

▪How and when is the bonus received? 

How and when the bonus is received under the basic General Policy Relief will vary depending on the 

status of the policy. 

Policies in deferral: If the policy is categorized as in deferral, and the owner requests implementation 

of the relief (which may be done at any time after the first anniversary of the policy’s issue date and 

while the policy remains in deferral), the applicable bonus is added to the accumulation value of the 

policy, the policy ceases to be in deferral, and the accumulation value then starts to be paid to the 

annuitant under the policy in equal installments over a defined payment period (described in the next 

paragraph) that differs from the annuity payment period specified in the policy. The amount of the 

installment payments is determined when the relief is implemented applying the interest rate then used 

by the issuing Company for calculating annuity payments offered to the general public over a period 

comparable to the applicable payment period, but in no event would that interest rate be less than 2.0% 

or the minimum corresponding interest rate for the calculation of annuity payments specified in the 

applicable policy, whichever is greater. No surrender charges will apply on an election to implement 

this relief. If the policy includes a market value adjustment endorsement or rider, or an equivalent 

provision in the base policy, no such market value adjustment will apply on an election to implement this 

relief. 

If this relief is implemented on or after the fifth anniversary of the issue date of the policy, the payment 

period for the installment payments is four years or, if shorter, the amount of time remaining in the 

surrender charge schedule under the policy at the time of implementation. However, the payment 
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period will never be shorter than two years. If this relief is implemented after the first anniversary of the

issue date of the policy but before the fifth anniversary of the issue date, the payment period for the 

installment payments is seven years. This relief cannot be implemented before the first anniversary of 

the issue date of the policy. 

Alternatively, instead of taking one of the fixed periods described above, the owner has the option when 

requesting implementation of the relief to request that the installment payments be made over the life of 

the annuitant. 

In any case, the installment payments are made on an annual basis, unless the owner requests monthly 

installment payments when implementation of the relief is requested. 

REQUESTING IMPLEMENTATION OF THIS RELIEF FOR A POLICY IN DEFERRAL MAY 

BE DONE AT ANY TIME AFTER THE FIRST ANNIVERSARY OF THE POLICY’S ISSUE 

DATE AND WHILE THE POLICY REMAINS IN DEFERRAL, BUT DOING SO MEANS 

THAT THE OWNER IS THEN READY FOR THE POLICY TO BE TAKEN OUT OF 

DEFERRAL AND FOR THE ANNUITANT TO START RECEIVING THE FULL 

ACCUMULATION VALUE OF THE POLICY THROUGH ANNUITY PAYMENTS OVER 

THE TIME PERIODS EXPLAINED ABOVE. YOU SHOULD NOT REQUEST 

IMPLEMENTATION OF THIS RELIEF IF YOU ARE NOT YET READY FOR THIS TO 

HAPPEN AND WANT YOUR POLICY TO CONTINUE TO ACCUMULATE IN DEFERRAL. 

Policies in annuitization: If the policy is categorized as in annuitization, and the owner requests 

implementation of the relief, the applicable bonus is paid to the annuitant under the policy, along with 

the remaining annuity payments, in equal installments (without interest) at the times and over the 

remaining annuity payment period specified in the policy. However, if the policy was categorized as a 

policy in annuitization because it was surrendered and exchanged for a SPIA as described above, the 

bonus and the remaining annuity payments under the corresponding SPIA are paid in equal installments 

(without interest) over five years or the remaining payment period under the SPIA, whichever is longer. 

Fully annuitized policies: If the policy is categorized as fully annuitized, the owner of the policy at the 

time it was annuitized receives the applicable bonus amount in a lump-sum payment. The payment 

would be mailed not later than 90 days after the Final Settlement Date. 

As explained below, the current owner of the policy will need to contact the Company that issued the 

policy to request implementation of the basic General Policy Relief for policies in deferral and policies

in annuitization. For fully annuitized policies, the owner will not need to take any action. 

▪Does the basic General Policy Relief provide any other benefits? 

Yes. For each policy in deferral the basic General Policy Relief also includes a benefit calculated as 

being equivalent to a 50% reduction in the amount of surrender charges (if any) that otherwise would 

apply under the policy on or in connection with a future death benefit payable upon the death of the 

owner or the annuitant. If you own a policy in deferral and the Court approves the settlement, you will 

not need to take any action, and you will not need to request implementation of any other General Policy 

Relief, to get this benefit for your policy. 
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►What is the enhanced General Policy Relief?

The enhanced General Policy Relief is available only for policies categorized as in deferral, in 

annuitization, or fully annuitized as of the Final Settlement Date that are 65-and-Over Contracts. 

The enhanced General Policy Relief for an eligible 65-and-Over Contract is the same as the basic

General Policy Relief, except that the amount of the bonus may be higher, ranging from 0.40% to 2.0%, 

depending on two factors: (a) whether, and the extent to which, the original owner’s remaining life 

expectancy exceeded the surrender charge period under the policy; and (b) how large a fraction of the 

original owner’s liquid net worth was used to purchase the policy. In general, the shorter the original 

owner’s life expectancy as compared to the surrender charge period, and the more of the original 

owner’s liquid net worth used to purchase the policy, the higher the potential bonus. However, for an 

eligible 65-and-Over Contract to qualify for a bonus that is higher than that available for it under the 

basic General Policy Relief, the ratio of the original owner’s remaining life expectancy to the length of 

the surrender charge period must be less than 110%. 

In the case of jointly-owned policies, the remaining life expectancy of the youngest original owner, and 

the combined liquid net worth of all original owners, is used. In the case of a policy having no natural 

person as an original owner, the remaining life expectancy and liquid net worth of the annuitant are 

used. For these calculations, liquid net worth is determined in accordance with the definition stated in 

the Election Form included with this Notice. The specific bonus percentage is determined in accordance 

with a table that is set forth in the Stipulation of Settlement. A copy of that table is also provided in 

Appendix C to this Notice. 

The enhanced General Policy Relief will be available for an eligible 65-and-Over Contract only if its 

owner completes and signs Part I of the Election Form included with this Notice and returns Part I of the 

Election Form by U.S. mail postmarked no later than November 26, 2009. The signature(s) on the 

Election Form must be notarized or, in lieu of notarization, each person signing the Election Form must 

include with it a legible photocopy of a form of government-issued identification that includes the 

person’s photograph and signature, such as a driver’s license or passport. If your physical condition 

prevents you from obtaining notarization and you cannot provide a photocopy of a government-issued 

identification that includes your photograph and signature, you can request to be excused from this 

requirement by including with the Election Form a written request that explains your circumstances in 

sufficient detail. Class Counsel (see question 20 below) and the Defendants will consider each request 

and determine whether an exception is fair and appropriate under the circumstances. However, there can 

be no assurance that an exception will be granted. If you make a request to be excused from this 

requirement, the Settlement Administrator will notify you if it is denied. 

The specific bonus percentage for enhanced General Policy Relief is calculated based on information 

called for in the Election Form, and it is up to you to provide the required information. If the necessary 

calculations cannot be completed because you do not provide the required information in the Election 

Form, the bonus percentage for eligible 65-and-Over Contracts under the enhanced General Policy 

Relief will be 0.40% (which equals the bonus percentage available for eligible 65-and-Over Contracts

under the basic General Policy Relief). 

You may call the toll-free phone number listed under question 29 of this Notice if you have questions 

regarding completion of the Election Form. 
14

Class Members who submit the Election Form for enhanced General Policy Relief for eligible 65-andOver Contracts will receive written notice of the bonus percentages for their policies that will be 

available if the relief is implemented. As explained below, the current owner of the policy will need to 

contact the Company that issued the policy to implement the enhanced General Policy Relief for policies

categorized as in deferral or in annuitization. For fully annuitized policies, the owner will not need 

to take any action to receive the applicable lump sum payment. 

►How do I request implementation of the General Policy Relief if I want it? 

YOU ARE NOT REQUIRED TO IMPLEMENT THE GENERAL POLICY RELIEF FOR 

POLICIES IN DEFERRAL OR IN ANNUITIZATION, AND YOU DO NOT NEED TO DO 

ANYTHING IF YOU PREFER TO KEEP YOUR POLICY IN DEFERRAL OR POLICY IN 

ANNUITIZATION AS IS. IN ADDITION, THE GENERAL POLICY RELIEF BENEFITS, AND 

THE TAX AND OTHER CONSEQUENCES TO YOU OF RECEIVING THE BENEFITS, MAY 

VARY DEPENDING ON WHEN THE RELIEF IS IMPLEMENTED. YOU MAY WANT TO 

CONSULT WITH A TAX OR OTHER ADVISOR BEFORE MAKING YOUR DECISIONS AS 

TO WHETHER AND WHEN TO IMPLEMENT THE GENERAL POLICY RELIEF. 

If you want to have the General Policy Relief implemented for a policy in deferral or a policy in

annuitization, contact the Company that issued your policy by telephone during the timeframes 

explained in the “Implementation Period” paragraph below. The Company will then provide you with 

information relating to what would happen with your policy if you decide to go ahead with 

implementing the General Policy Relief, including: (1) then-current policy values; (2) the approximate 

amount of the applicable bonus; (3) for a policy in deferral, the five-year anniversary date of the policy; 

(4) the estimated amount of the annuity installment payments, including, for a policy in deferral that has 

not yet reached the five-year anniversary date, the estimated amount of the annuity installment payments 

if the General Policy Relief is implemented immediately, and the estimated amount of the annuity 

installment payments if the General Policy Relief is implemented upon reaching the five-year 

anniversary date; and (5) when and how long the annuity installment payments would be made. If you 

contact the issuing Company about implementing the General Policy Relief, the Company will mail this 

information to you as soon as reasonably practicable after your request. 

If you contact the issuing Company and tell the Company representative that you want to go ahead with 

implementing the General Policy Relief, the Company will send you the required paperwork. 

Implementation Period: To implement the General Policy Relief for a policy in deferral, you may 

contact the issuing Company at any time after the first anniversary of the policy’s issue date but no later

than the annuitization date or maturity date specified in the policy. However, because implementing the 

relief will mean that the policy will cease to be in deferral, you should not instruct the Company to 

implement the relief before the time you want the policy to be taken out of deferral and the annuity 

installment payments to the annuitant to begin. To implement the General Policy Relief for a policy in

annuitization, you may contact the issuing Company and instruct it to implement the relief at any time 

while the policy remains active and is still the subject of continuing payments. The telephone numbers 

for contacting your issuing Company are: 

[telephone #s for implementation requests] 
15

Please keep in mind that to implement the General Policy Relief the required paperwork will have to be 

properly completed and returned to the Company by U.S. mail with a postmark that falls within the 

applicable period explained in the preceding paragraph. 

General Policy Relief will not be implemented for policies in deferral and policies in annuitization

unless the policy owner contacts the Company and submits the required paperwork as explained above. 

This means that no bonus will be credited or paid on your policy in deferral or policy in annuitization

under the General Policy Relief unless you contact the Company to request implementation of the relief 

and submit the required paperwork within the specified time periods. In addition, even if the Court 

approves the settlement, no settlement relief, including General Policy Relief, will be implemented until 

after the Final Settlement Date. If you contact the Company to implement General Policy Relief before 

the Final Settlement Date, the Company will not send you information or the paperwork required to 

implement the relief until after the Final Settlement Date. 

For fully annuitized policies, the General Policy Relief will be implemented for applicable policies

automatically after the Final Settlement Date, so you will not need to take any action to receive it, if 

applicable to your policy. 

YOU SHOULD KEEP THIS NOTICE WITH YOUR POLICY SO YOU WILL KNOW HOW TO 

REQUEST IMPLEMENTATION OF THE GENERAL POLICY RELIEF IF IT APPLIES TO 

YOUR POLICY AND YOU DECIDE TO DO SO. FOR YOUR CONVENIENCE AND 

SAFEKEEPING, THE INSTRUCTIONS FOR IMPLEMENTING THE GENERAL POLICY 

RELIEF ARE ALSO PROVIDED IN APPENDIX E TO THIS NOTICE.

13. What is Claim Process Relief, and how can I obtain it? 

The Claim Process Relief, and the related Claim Review Process, is intended for Class Members who 

believe that they can prove that they have been harmed by the way a policy was marketed and sold 

and/or because the policy was unsuitable for the original owner. The Claim Review Process allows 

participating Class Members to submit a Claim Form and proof of alleged misconduct by Defendants or 

the salespersons involved in the sale. To participate in the Claim Review Process, the owner of a policy

must complete and sign Part II of the Election Form included with this Notice and return Part II of the 

Election Form by U.S. mail so that it is postmarked no later than November 26, 2009. If the Court 

approves the settlement, Class Members who elected to participate in the Claim Review Process will be 

sent a Claim Form, which they will then have to complete and return by a specified date. 

When all relevant information about a Claim is assembled, the Claim will be evaluated and scored by 

Claim Scorers to be designated by the Defendants and jointly trained by Class Counsel and counsel for 

the Defendants. A Class Member submitting a Claim will be notified in writing of the score assigned to 

the Claim and will have the right to contest that score, with the assistance of Class Counsel if the Class 

Member requests it. The Defendants also may contest the score. If a score is contested, the Claim will 

be given to a neutral and independent arbitrator, who will evaluate it and assign a final score. The Claim 

scoring guidelines and related Claim scoring factors are set out in the Stipulation of Settlement. These 

scoring guidelines and scoring factors also are provided for your information in Appendix D to this 

Notice. 
16

The Claim Process Relief consists of two general components. The first general component is a cash 

payment that will be calculated based on surrender charges, if any, that were incurred by an owner of 

the policy prior to July __, 2009 {Preliminary Approval Date}. The second general component is a 

bonus payment that in most cases is based on the policy’s accumulation value and paid with annuity 

payments over a specified payment period. The specific nature of the Claim Process Relief for a 

particular policy varies depending on the status of that policy and the score assigned to the 

corresponding Claim, as described below. 

►Cash Payments Relating To Previously Incurred Surrender Charges 

For all policies as to which surrender charges were incurred by an owner on a full or partial surrender 

prior to July __, 2009 {Preliminary Approval Date}, the Claim Process Relief includes the opportunity 

to receive a cash payment. These cash payments, however, will not be made with respect to any 

surrender charges incurred in connection with a death benefit paid as a result of the death of the 

owner or the annuitant of a policy. 

The amount of the cash payment varies depending on the score assigned to the corresponding Claim in 

the Claim Review Process and whether the policy is a 65-and-Over Contract. The specific dollar 

amount of the payment is calculated by reference to the surrender charges incurred on the surrender 

and, if the policy included a market value adjustment endorsement or rider, or an equivalent provision in 

the base policy, the corresponding market value adjustment applied on the surrender. This means that if 

the policy included such a market value adjustment provision, the amount of any negative market value 

adjustment applied on the surrender will be added to the amount of the surrender charges, and the 

amount of any positive market value adjustment applied on the surrender will be subtracted from the 

surrender charges, when calculating the amount of the cash payment. 

The specific dollar amount is equivalent to the percentage of the applicable surrender charges (as so 

increased or decreased by the market value adjustment, if applicable) corresponding to the score 

assigned to the Claim as set forth in the following table. (For example, if the Claim receives a score of 

“3” and the corresponding policy is a 65-and-Over Contract, the payment is calculated as equivalent to 

20% of the applicable surrender charges (as decreased or increased by the market value adjustment, if 

applicable).) 

Claim Score 5 4 3 2 1 0 

Applicable percentage for eligible policies that are 65-

and-Over Contracts

65.0% 30.0% 20.0% 15.0% 7.0% 0%

Applicable percentage for eligible policies that are not 

65-and-Over Contracts

20.0% 16.0% 12.0% 8.0% 5.0% 0%

For a Claim receiving a score of “5” or “4”, the payment is made to the claimant(s) (being the owner

who incurred the applicable surrender charges) in three equal, annual installments, without interest or 

(at the Company’s discretion) in a lump sum. For a Claim receiving a score of “3”, “2”, or “1”, the 

payment is made to the claimant(s) in a lump sum. If the score assigned to the Claim by the Claim 

Scorer is not contested, the payment (or the first installment payment, if applicable) would be mailed not 

later than 60 days after the date of the notice to the claimant(s) of the score assigned by the Claim 

Scorer. If the score assigned to the Claim by the Claim Scorer is contested, the payment (or the first 

installment payment, if applicable) would be mailed not later than 30 days after the date of the notice to 

the claimant(s) of the score assigned to the Claim by the Arbitrator. 
17

►Bonus Amounts 

The Claim Process Relief also gives the current owners of policies categorized as in deferral, in 

annuitization, fully annuitized, and fully surrendered the opportunity to receive or to have annuitants 

receive (depending on the status of the policy) a bonus that in most cases is based on the policy’s

accumulation value. The amount of the bonus is calculated using a bonus percentage determined in 

accordance with the following table, depending on the score assigned to the Claim and whether the 

policy is a 65-and-Over Contract. 

Claim Score 5 4 3 2 1 0 

Applicable percentage for eligible policies that are 65-

and-Over Contracts

2.25% 1.7% 1.3% 1.0% 0.75% 0%

Applicable percentage for eligible policies that are not 

65-and-Over Contracts

0.80% 0.60% 0.40% 0.20% 0.15% 0%

How and when the bonus is received varies depending on the status of the policy as categorized when 

the specific Claim Process Relief is implemented for that policy, and in most cases requires the current 

owner to make a written request to implement the relief, as described below. 

Policies in deferral: If the policy is categorized as in deferral, and the owner requests implementation 

of the relief, the accumulation value of the policy is increased by the applicable bonus percentage, the 

policy is taken out of deferral, and the accumulation value then starts to be paid to the annuitant under 

the policy in equal installments over the life of the annuitant with 10 years certain. The installment 

payments are made on an annual basis, unless the owner requests monthly installment payments when 

implementation of the relief is requested. The amount of the installment payments is determined when 

this relief is implemented applying the interest rate then used by the issuing Company for calculating 

annuity payments offered to the general public over a period comparable to the applicable payment 

period, but in no event would that interest rate be less than 2.0% or the minimum corresponding interest 

rate for the calculation of annuity payments specified in the applicable policy, whichever is greater. No 

surrender charges will apply on an election to implement this relief. If the policy includes a market 

value adjustment endorsement or rider, or an equivalent provision in the base policy, no such market 

value adjustment will apply on an election to implement this relief. 

To implement this relief for a policy in deferral, the current owner must submit a written request to the 

Company that issued the policy, using a request form that will be included with the notice to the owner

of the score assigned to the corresponding Claim. The request form must be sent by U.S. mail and 

postmarked not later than 60 days after the date of the notice relating to the final score assigned to the 

Claim. If the score assigned to the Claim by the Claim Scorer is not contested, the 60 days will begin to 

run on the date of the notice to the owner of the score assigned by the Claim Scorer. If the score 

assigned to the Claim by the Claim Scorer is contested, the 60 days will begin to run on the date of the 

notice to the owner of the score assigned to the Claim by the Arbitrator. Because the owner will have 

the right to maintain the policy as is without taking the Claim Process Relief, even if this Claim Process 

Relief is awarded, it will not be implemented unless this request form is properly completed and 

submitted by U.S. mail postmarked within the 60-day period described in this paragraph. 
18

REQUESTING IMPLEMENTATION OF THIS RELIEF FOR A POLICY IN DEFERRAL 

MEANS THAT THE OWNER IS THEN READY FOR THE POLICY TO BE TAKEN OUT OF 

DEFERRAL AND FOR THE ANNUITANT TO START RECEIVING THE FULL 

ACCUMULATION VALUE OF THE POLICY THROUGH ANNUITY PAYMENTS OVER THE 

TIME PERIODS EXPLAINED ABOVE. YOU SHOULD NOT REQUEST IMPLEMENTATION 

OF THIS RELIEF IF YOU ARE NOT YET READY FOR THIS TO HAPPEN AND WANT 

YOUR POLICY TO CONTINUE TO ACCUMULATE IN DEFERRAL. YOU ARE NOT 

REQUIRED TO IMPLEMENT THIS RELIEF, AND YOU DO NOT NEED TO DO ANYTHING 

IF YOU PREFER TO KEEP YOUR POLICY IN DEFERRAL AS IS. BECAUSE THE TAX AND 

OTHER CONSEQUENCES OF IMPLEMENTING THIS RELIEF WILL DEPEND ON YOUR 

PARTICULAR CIRCUMSTANCES, YOU MAY WANT TO CONSULT WITH A TAX OR 

OTHER ADVISOR BEFORE MAKING YOUR DECISION AS TO WHETHER TO 

IMPLEMENT THE RELIEF. 

If the Claim Process Relief awarded to the current owner of the policy in deferral includes a cash 

payment with respect to surrender charges previously incurred by such owner, the current owner also 

would have the option when they request implementation of the relief to pay into the policy an amount 

equal to (a) the aggregate amount (net of surrender charges, but before any withholding of taxes) 

received by them on the corresponding surrender(s) plus (b) the amount of the cash payment awarded to 

them with respect to surrender charges previously incurred. If the owner exercises such option, the 

policy’s accumulation value would be increased prior to the calculation of the bonus by the amount so 

paid in by the owner, and the applicable bonus percentage would then be applied to the accumulation 

value, as so increased, to determine the bonus amount. 

Policies in annuitization: If the policy is categorized as in annuitization, and the owner requests 

implementation of the relief, the bonus is paid to the annuitant under the policy, along with the 

remaining annuity payments, in equal installments (without interest) at the times and over the remaining 

annuity payment period specified in the policy. The amount of the bonus equals the applicable bonus 

percentage multiplied by the policy’s accumulation value when it was annuitized. However, in the case 

of a policy that was categorized as a policy in annuitization because it was fully surrendered and 

exchanged for a single-premium immediate annuity (known as a “SPIA”) that was still active and the 

subject of continuing annuity payments when this relief is implemented, the amount of the bonus equals 

the applicable bonus percentage multiplied by the amount received on the surrender of the policy and 

paid in as premium for the SPIA, and the resulting bonus and the remaining annuity payments under the 

SPIA are paid in equal installments (without interest) over five years or the remaining payment period 

under the SPIA, whichever is longer. 

To implement this relief for a policy in annuitization, the current owner must submit a written request 

to the Company that issued the policy, using a request form that will be included with the notice to the 

owner of the score assigned to the corresponding Claim. The request form must be sent by U.S. mail 

and postmarked not later than 60 days after the date of the notice relating to the final score assigned to 

the Claim. If the score assigned to the Claim by the Claim Scorer is not contested, the 60 days will begin 

to run on the date of the notice to the owner of the score assigned by the Claim Scorer. If the score 

assigned to the Claim by the Claim Scorer is contested, the 60 days will begin to run on the date of the 

notice to the owner of the score assigned to the Claim by the Arbitrator. Because the owner will have 

the right to maintain the policy as is without taking the Claim Process Relief, even if this Claim Process 
19

Relief is awarded, it will not be implemented unless this request form is properly completed and 

submitted by U.S. mail postmarked within the 60-day period described in this paragraph. 

YOU ARE NOT REQUIRED TO IMPLEMENT THIS RELIEF FOR A POLICY IN 

ANNUITIZATION, AND YOU DO NOT NEED TO DO ANYTHING IF YOU PREFER TO 

KEEP YOUR POLICY IN ANNUITIZATION AS IS. BECAUSE THE TAX AND OTHER 

CONSEQUENCES OF IMPLEMENTING THIS RELIEF WILL DEPEND ON YOUR 

PARTICULAR CIRCUMSTANCES, YOU MAY WANT TO CONSULT WITH A TAX OR 

OTHER ADVISOR BEFORE MAKING YOUR DECISION AS TO WHETHER TO 

IMPLEMENT THE RELIEF. 

Fully annuitized policies: If the policy is categorized as fully annuitized, the bonus is paid, in a lump 

sum, to the person(s) who was/were the owner of the policy at the time it was annuitized. The amount 

of the bonus equals the applicable bonus percentage multiplied by the policy’s accumulation value when 

it was annuitized. If the score assigned to the corresponding Claim by the Claim Scorer is not 

contested, the payment would be mailed not later than 60 days after the date of the notice to the owner

of the score assigned by the Claim Scorer. If the score assigned to the corresponding Claim by the Claim 

Scorer is contested, the payment would be mailed not later than 30 days after the date of the notice to the 

owner of the score assigned to the Claim by the Arbitrator. 

Fully surrendered policies: If the policy is categorized as fully surrendered, the owner of the policy

when it was finally surrendered has the option to pay to the Company that issued the policy an amount 

not to exceed the amount (net of surrender charges, but before any withholding of taxes) received by 

such owner on the corresponding final surrender. If the owner makes such payment to the issuing 

Company, the owner thereafter receives from the issuing Company an amount equal to such payment, 

increased by the applicable bonus percentage, paid in equal annual installments over four years if the 

policy was surrendered on or after the fifth anniversary of its issue date, or seven years if the policy was 

surrendered before the fifth anniversary of its issue date. The amount of the installment payments is 

determined when this relief is implemented applying the interest rate then used by the issuing Company 

for calculating annuity payments offered to the general public over a period comparable to the applicable 

payment period, but in no event would that interest rate be less than 2.0%. If such owner does not 

choose to make such payment to the issuing Company, no bonus is paid or received. 

To implement this relief for a fully surrendered policy, the applicable owner must submit a written 

request to the Company that issued the policy, using a request form that will be included with the notice 

to the owner of the score assigned to the corresponding Claim. The request form must be sent by U.S. 

mail and postmarked not later than 60 days after the date of the notice relating to the final score assigned 

to the Claim. If the score assigned to the Claim by the Claim Scorer is not contested, the 60 days will 

begin to run on the date of the notice to the owner of the score assigned by the Claim Scorer. If the 

score assigned to the Claim by the Claim Scorer is contested, the 60 days will begin to run on the date of 

the notice to the owner of the score assigned to the Claim by the Arbitrator. Even if this Claim Process 

Relief is awarded, it will not be implemented unless this request form is properly completed and 

submitted by U.S. mail postmarked within the 60-day period described above. 

Under the Claim Review Process, Claims that are better supported will generally receive higher scores 

than Claims that are less well supported. Nevertheless, there can be no assurance that a Claim will 

receive a score that results in any compensation at all. The Court is not involved directly in this process. 
20

You may call the toll-free phone numbers listed under question 29 of this Notice if you have questions 

regarding completion of the Election Form or the Claim Form. 

If you cannot submit an Election Form or a Claim Form by the applicable deadline because you suffer 

from a serious medical condition, or because your spouse or child suffers from a serious medical 

condition that requires your attention, you can request an extension of the deadline by submitting a 

written request to the Settlement Administrator at the address to which the applicable form is to be sent, 

postmarked no later than the applicable filing deadline for that form. The written request must explain 

why the deadline cannot be met and specify the number of additional days that are being requested for 

the extension. Class Counsel and the Defendants will consider each request and determine whether an 

extension is fair and appropriate under the circumstances of the medical hardship, but in no case will an 

extension of more than 30 days be granted. However, there can be no assurance that an extension will be 

granted. 

You may be contacted by the Settlement Administrator if you submit an Election Form or a Claim Form 

that contains information that is illegible or otherwise cannot be understood or that is not signed or 

otherwise completed as required by the Stipulation of Settlement or the applicable form instructions for 

that form to constitute a valid submission. 

14. When would I get my settlement benefit? 

The Court will hold a hearing on November 6, 2009, called the Fairness Hearing, to decide whether to 

approve the settlement. If the Court approves the settlement, the General Policy Relief, basic and 

enhanced, will be effective and available for implementation not later than 90 days after the Final

Settlement Date, subject to the terms and conditions that apply to the benefits. If the Court’s approval 

of the settlement is appealed, when any and all appeals will finally be resolved, and when the Final 

Settlement Date will occur, are uncertain. Please be patient. Resolving appeals can take time, perhaps 

more than a year. Updates regarding the status of the settlement will be posted periodically as events 

warrant at www._____________. 

It is anticipated that the resolution of Claims submitted to the Claim Review Process will be completed 

within a year after the Final Settlement Date, but the timing will depend on the number of Claims 

received and the number of claimants who contest their scores. The proposed settlement involves 

several hundreds of thousands of policies, so, again, please be patient. The Claim Process Relief will be 

implemented (subject to all applicable terms and conditions) on a policy-by-policy basis after 

completion of the scoring of the corresponding Claims.

15. What am I giving up to get a settlement benefit or stay in the Class? 

Unless you properly exclude yourself, you are staying in the Class, and that means: (1) that you can’t 

sue, continue to sue, or be part of or receive any benefits in or from any other lawsuit, arbitration, 

administrative or regulatory proceeding, order, or other legal proceeding anywhere against the 

Defendants, the persons who sold your policy, and/or certain other released parties included as 
21

“Releasees” under the Stipulation of Settlement, about your policy or the manner in which it was 

marketed or sold, or any other legal claims that were or could have been made in this case against the 

Defendants and/or the other Releasees; and (2) that you give up, or release, any and all claims against 

the Defendants and/or the other Releasees – regardless of whether they are presently known or 

suspected, presently unknown or unsuspected, presently existing, or might exist in the future – falling 

under the “Released Transactions,” as defined in the Stipulation of Settlement, including: (a) any and all 

matters concerning the policies at issue in this case, or the manner in which those policies were marketed 

or sold, and/or (b) the marketing, sale, delivery, and/or performance of any products, plans, or services in 

connection with, or relating to or allegedly relating to, the purchase or sale of any of the policies at issue 

in this case, and/or (c) any and all matters concerning or relating to this settlement (including, without 

limitation, the award, election, and/or implementation of any settlement relief with respect to a policy). 

It also means that all of the Court’s orders, whatever they provide, will apply to you and legally bind 

you, even if you had objected to the proposed settlement. 

16. What is the non-economic settlement relief? 

The proposed settlement also includes certain “non-economic” relief in the form of undertakings made 

by the Defendants relating to the manner in which annuity and other insurance products offered by 

American Investors Life Insurance Company and AmerUs Life Insurance Company (now known as 

Aviva Life and Annuity Company) are marketed and sold. These undertakings, which include, among 

other things, requirements concerning the information included in the Defendants’ product disclosure 

materials and how agents may represent their status, are set out in detail in Section III.M of the 

Stipulation of Settlement. 

EXCLUDING YOURSELF FROM THE SETTLEMENT

If you don’t want to be eligible for any benefits from this settlement, or you want to keep the right to sue 

or continue to sue the Defendants and/or the other Releasees on your own about the claims and legal 

issues settled in this case, then you must take steps to get out of the settlement. This is called excluding 

yourself – or is sometimes referred to as “opting out” of the Class. 

17. How do I get out of the settlement? 

To exclude yourself from the settlement, you must send a letter by U.S. mail saying that you want to be 

excluded from the Class in In re American Investors Life Insurance Co. Annuity Marketing and Sales 

Practices Litigation. You must include your name, address, telephone number, and your signature. You 

must submit your exclusion request by U.S. mail postmarked no later than _____ __, 2009 {insert date 

that is 45 days after date of Notice appearing on last page}, to: 

 American Investors Annuity Class Action Information Center 

 P.O. Box 0000 

 _______, ________ xxxxx-xxxx 
22

You can’t exclude yourself by telephone or by e-mail. 

If you validly exclude yourself, you will not be eligible for any settlement relief, and you cannot object 

to the settlement. If you validly exclude yourself, the settlement will not affect your rights to sue the 

Defendants and/or the other Releasees, and you will not be legally bound by anything else that happens 

under the settlement. 

If anyone who has or had an ownership right in a policy submits an exclusion request for that policy, that 

policy will be excluded from the settlement with respect to all persons who claim an ownership right or 

interest in that policy. 

You may not exclude yourself from the settlement with respect to less than all of the policies in which 

you have or had an interest as an owner. Any attempt by someone in the Class to exclude from the 

settlement some, but not all, policies in which he/she/it has or had an interest as an owner shall be 

deemed ineffective, resulting in that person or entity remaining a Class Member and no such policies

being excluded from the settlement. 

18. If I don’t exclude myself, can I sue the Defendants for these kinds of claims later? 

No. Unless you validly exclude yourself, you give up the right to sue the Defendants, the persons who 

sold your policy, and other parties included as “Releasees” under the Stipulation of Settlement for the 

claims and legal issues that this settlement resolves. If you have a pending lawsuit, speak to your lawyer 

in that lawsuit about this Notice immediately. You must exclude yourself from this Class to continue 

your own lawsuit. Remember, the exclusion postmark deadline is _____ __, 2009. {insert date that is 

45 days after date of Notice appearing on last page}

19. If I exclude myself, can I get any benefit from this settlement? 

No. If you exclude yourself, do not send in an Election Form or a Claim Form seeking any settlement 

relief because you will not be entitled to any benefits from this settlement. 

THE LAWYERS REPRESENTING YOU

20. Do I have a lawyer in this case? 

Yes. On June 12, 2006, the Court appointed Jerome M. Marcus, Esq., Jonathan Auerbach, Esq., and 

John Hargrove, Esq., as Interim Co-Lead Counsel to represent the Class. Together, these lawyers are 

called Class Counsel. You will not be charged for the services of these lawyers. If you want to be 

represented by your own lawyer, you may hire one at your own expense. 
23

21. How will the lawyers be paid? 

Class Counsel will ask the Court for an award of attorneys’ fees and costs in the aggregate of 

$18,250,000. Class Counsel also will ask the Court to award payments to each of the 11 Class 

Representatives that will vary depending on the extent of their active involvement in this case, for a total 

payment of up to $115,000 for all Class Representatives combined. The Court may award less than 

these amounts. The Defendants will pay the attorneys’ fees and expenses, and any payments to the Class 

Representatives, that the Court awards, up to the foregoing amounts. These amounts will not come out 

of the funds for the specific settlement benefits awarded to Class Members. The Defendants also will 

separately pay certain costs to administer the settlement. 

OBJECTING TO THE SETTLEMENT

You can tell the Court that you don’t agree with the settlement or some part of it. 

22. How do I tell the Court that I don’t like the settlement? 

If you are a Class Member, you can object to the settlement if you don’t like any part of it. The Court 

will consider your views in connection with the Fairness Hearing described below. To object, you must 

submit your objection in writing, stating that you object to the proposed settlement of In re American 

Investors Life Insurance Co. Annuity Marketing and Sales Practices Litigation. Your written objection 

must include your name, address, telephone number, policy number(s), and signature, the reasons you 

object to the settlement, and any documents that you wish to submit in support of your position. Your 

written objection must be submitted by U.S. mail to each of the following places, postmarked no later 

than ____ __, 2009 {insert date that is 45 days after date of Notice appearing on last page}: 

 SETTLEMENT 

 COURT ADMINISTRATOR CLASS COUNSEL DEFENSE COUNSEL

{insert address} {insert address} {insert addresses} {insert address} 

If you do not timely submit an objection in accordance with the above requirements, you will not be 

treated as having filed a valid objection to the proposed settlement. 

If you hire an attorney for the purpose of objecting to any aspect of the proposed settlement, the attorney 

must file an entry of appearance with the Clerk of the Court no later than ______ __, 2009, and send a 

copy of such entry of appearance to the Settlement Administrator, Class Counsel, and counsel for 

Defendants (at the addresses listed above) by U.S. mail postmarked no later than ______ __, 2009 {for 

each blank, insert date that is 45 days after date of Notice appearing on last page}. 
24

23. What’s the difference between objecting and excluding myself? 

Objecting is telling the Court that you don’t like something about the settlement. You can object only if 

you stay in the settlement Class. Excluding yourself is telling the Court that you don’t want to be part of 

the settlement Class and the proposed settlement. If you exclude yourself, you have no basis to object 

because the case no longer affects you. 

THE COURT’S FAIRNESS HEARING

The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may 

ask to speak, but you don’t have to. 

24. When and where will the Court decide whether to approve the settlement? 

The Court will hold a Fairness Hearing on November 6, 2009, at 9:30 A.M., at the United States 

Courthouse, Philadelphia, Pennsylvania, in the courtroom of the Honorable Mary A. McLaughlin, 

Courtroom 13A, 601 Market Street, Philadelphia, Pennsylvania 19106. At this hearing, the Court will 

consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will 

consider them. Judge McLaughlin may listen to people who, prior to the hearing, properly and timely 

requested in writing to speak at the hearing, as described under question 26 of this Notice. The Court 

also may decide how much Class Counsel will be paid and the amount of any payments to the Class 

Representatives. At or following the hearing, the Court will decide whether to approve the settlement, 

but we do not know exactly when that decision will be made. 

25. Do I have to come to the hearing? 

No. Class Counsel will answer questions Judge McLaughlin may have, but you are welcome to come at 

your own expense. You also may pay your own lawyer to attend the hearing if you so choose. If you 

submit a written objection, you don’t have to come to Court to talk about it and you don’t have to send 

your own lawyer. As long as you properly submitted your written objection and it was postmarked on 

time, the Court will consider it. 

26. May I speak at the hearing? 

You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must do two 

things. First, you must object to the settlement in accordance with the procedures described above under 

question 22. Second, you must send a letter stating that it is your “Notice of Intention to Appear in In re 

American Investors Life Insurance Co. Annuity Marketing and Sales Practices Litigation.” You must 

include your name, address, telephone number, and your signature on your Notice of Intention to 

Appear. Your Notice of Intention to Appear must be submitted by U.S. mail to the Clerk of the Court, 

Class Counsel, and Defense Counsel, at their respective addresses given under question 22, and must be 
25

postmarked and received by the Court no later than ______ __, 2009 {insert date that is 45 days after 

date of Notice appearing on last page}. You cannot speak at the hearing if you do not follow these 

procedures, or if you exclude yourself. 

IF YOU DO NOTHING

27. What happens if I do nothing at all in response to this Notice? 

If you do nothing in response to this Notice and your policy is categorized as in deferral, in 

annuitization, or fully annuitized as of the Final Settlement Date, that policy will be eligible for the 

basic General Policy Relief, subject to the terms and conditions explained under question 12 of this 

Notice. If your policy is categorized as fully surrendered or is a death benefit policy as of the Final

Settlement Date, and you do nothing in response to this Notice, you will not receive any settlement 

benefit. 

Regardless of the status or disposition of your policy, if you do nothing, you will give up all rights ever

to bring a lawsuit or action, to continue with a pending lawsuit or action, or to be part of any other 

lawsuit or action against the Defendants, the persons who sold your policy, and other persons and 

entities included as “Releasees” under the Stipulation of Settlement about the claims and legal issues 

covered and resolved by the settlement. 

GETTING MORE INFORMATION

28. Are more details about the settlement available? 

Yes. This Notice and accompanying documents provide only a summary of the proposed settlement. 

More details are contained in an agreement between the Plaintiffs and the Defendants called the 

Stipulation of Settlement. The full Stipulation of Settlement is on file with the Clerk of Court. You can 

obtain a copy of the Stipulation of Settlement by writing to the Settlement Administrator, by calling the 

toll-free information center, or by visiting the web site that has been set up for this settlement. The 

address, toll-free numbers, and web site address for obtaining the Stipulation of Settlement are given 

below under question 29. 

For more details concerning the matters involved in this case, the Plaintiffs and the Defendants also refer 

you to the complaint and to the other papers and Court orders on file in the Office of the Clerk of Court, 

James A. Byrne Federal Courthouse, 601 Market Street, Room 2609, Philadelphia, PA 19106-1797. 

You may inspect these documents, as well as the full Stipulation of Settlement, at the Clerk’s office at 

any time during normal business hours, Monday through Friday, 9:00 a.m. to 4:00 p.m., Eastern time. 
26

29. How do I get more information? 

To get more information about the settlement, you can: 

► Call the American Investors Annuity Class Action Information Center – where trained personnel are 

available to respond to questions that you may have – toll-free at 1-8xx-xxx-xxxx (1-8yy-yyy-yyyy 

for the hearing-impaired); 

► Write to the American Investors Annuity Class Action Information Center at P.O. Box __, _______, 

______ zzzzz-zzzz; or 

► Visit the settlement informational web site at www._____________.com, where you will find copies 

of the Stipulation of Settlement, Election Form, and Claim Form, and other information concerning 

the settlement. 

DATE: ______, __, 2009 
27

APPENDIX A 

LIST OF KEY TERMS

The following terms relating to the settlement are used in this Notice with the meanings explained 

below. 

• “65-and-Over Contract”: A policy is a 65-and-Over Contract if each original owner of the 

policy (or the annuitant if the original owner was not a natural person) was 65 years of age or 

older when the policy was issued. 

• “annuitized”: A policy is deemed to have been annuitized if, upon reaching the annuity date or 

maturity date specified in the policy as the date on which annuity payments are to begin, benefits 

provided for by that policy (excluding, however, death benefits paid to a beneficiary) are taken 

in the form of a stream of periodic payments to the annuitant over a period of time (e.g., monthly 

payments over twenty years). 

• “death benefit”: The payment(s) from a policy that are made to the beneficiary(ies) designated 

under the policy upon the death of the owner or annuitant of the policy. 

• “death benefit policy”: A policy will be categorized as a death benefit policy if, on the 

applicable categorization date, a death benefit was paid, is being paid, or is due to be paid on 

that policy. 

• “Final Settlement Date”: The date on which the Court’s final order and judgment giving final 

approval to the proposed settlement becomes final. If no one appeals the Court’s final order and 

judgment, Final Settlement Date means the date on which the time to appeal has expired. If 

someone appeals the Court’s final order and judgment, Final Settlement Date means the date on 

which all appeals, including petitions for rehearing or reargument, petitions for rehearing en

banc, and petitions for certiorari or any other form of review, have been fully disposed of in a 

manner that affirms the Court’s final order and judgment.

• “fully annuitized”: A policy will be categorized as fully annuitized if, on the applicable 

categorization date, that policy was annuitized and all annuity payments due as policy benefits 

under that policy have been made. Fully annuitized policies do not include any death benefit 

policies. 

• “fully surrendered”: A policy will be categorized as fully surrendered if, on the applicable 

categorization date, it is no longer active due to the full surrender of the policy. For the purposes 

of the proposed settlement, a policy that was fully surrendered in connection with an exchange 

for another product issued at the time of the surrender by the same Company or one of its 

affiliated entities will be deemed a fully surrendered policy, with the exception only that a 

policy that was so exchanged for a single premium immediate annuity (known as a “SPIA”) that 

was still active and the subject of continuing annuity payments as of the applicable 

categorization date will be categorized as a policy in annuitization. Fully surrendered policies

do not include any death benefit policies. 

• “in annuitization”: A policy will be categorized as in annuitization if, on the applicable 

categorization date, it has been annuitized and is active and the subject of continuing annuity 

payments. Policies in annuitization do not include any death benefit policies. 

• “in deferral”: A policy will be categorized as in deferral if, on the applicable categorization 

date, it is active and the annuity date or maturity date specified in the policy as the date on which 

annuity payments are to begin has not yet been reached. Policies in deferral do not include any 

death benefit policies. 
28

• “owner”: All persons or entities having an ownership interest in a policy under the terms of the 

policy, as reflected in the business records of the issuing Company maintained in the ordinary 

course of business as of the time in question. 

• “policy”: One of the annuity contracts that are subject to the proposed settlement described in 

this Notice, as specified under question 5 above. 

• “surrender”: To take money out of a policy through either (a) a full surrender of the policy by 

the owner for a single, lump-sum cash payment to the owner of the entire value of the policy

available for withdrawal, or (b) a partial surrender of the policy by the owner for a payment to 

the owner of a portion of the value of the policy available for withdrawal. 

• “surrender charges”: The “Surrender Charges” or “Withdrawal Charges” under a policy, as 

such terms are defined in the policy in question. 
29

APPENDIX B 

POLICIES COVERED BY THE SETTLEMENT

The Class for this settlement includes every person or entity that, during the Class Period, was a 

purchaser or an owner of a deferred annuity policy having a product name or a policy form number 

listed below in this Appendix B that was issued during the Class Period by either American Investors 

Life Insurance Company or AmerUs Life Insurance Company (now known as Aviva Life and Annuity 

Company) or one of their respective predecessor companies listed below, and that was not returned 

and/or cancelled pursuant to any applicable “free-look” provision. The Class Period is the period 

commencing on January 1, 1998, and ending on July __, 2009 {insert Preliminary Approval Date}. 

The policy form number for your policy can be found at the bottom right and/or left hand corner of the 

cover page of your policy. 

Issuing Company: American Investors Life Insurance Company, Inc. – Product Names 

2000 Guarantor XII Select 10 

2000 Plus Guarantor XII3 Select 6 

Alliance P0 Guarantor XVB Select Edge 

Alliance P2 Guarantor XVIC Select Edge Plus 

Alliance P4 Guarantor XVR Senior Wealth Accumulator 

Alliance Plus P0 Guarantor XVS SPDA 2008 

Alliance Plus P2 Income Select 10 SPDA 2008 TrueMark 

Alliance Plus P4 Income Select 5 SPDA I 

American Edge Income Select 7 SPDA I3 

BK 2007 Income Select Bonus 10 SPDA IR 

BPA 12 Income Select Platinum SPDA IR3 

BPA 8 Income Select Plus SPDA VIIR 

BPA 8S Liberty Select SPDA XR 

BPA Select Annuity 12 Magnum 10 Spirit 3 

Bonus Select Magnum 3 Spirit 5 

Bonus Select 11 Magnum 5 Spirit 7 

Bonus Select 9 Magnum 7 Spirit Plus 

C6 Magnum Plus 3 Spirit Xtra 

Capital Assurance 3 Magnum Plus 5 Income Plus 

Capital Assurance 5 Performance Advantage 12 True Gold Annuity

Capital Assurance 6 Performance Advantage 15 

FPDA 8 Employee Performance Edge 

FPDA Employee Performance Edge Plus 

FPDA P10 Platinum Eagle 

Guarantor XIB Premier Edge 
30

Issuing Company: American Investors Life Insurance Company, Inc. – Policy Form Numbers 

1003 (4/98) BPASEL6 (10/07) FPA-8(12/84)EMP FPIAX (01/08) SPDA-FL-1283 

1003 FWD (2/99) BPASEL12(10/07) FPAP (08/08) IAC(5/95) SPDA-VII 

1005 (4/98) BPASEL10(10/07) FPAX (08/08) P10 (12/02) SPDA-X 

1005 FWD (2/99) C6 (9/98) FPDAP0 P10(2/96) SPDA-XII 

1007 (4/98) EMP (1/98) FPDAP0 (8/96) PB11 (01/04) SPDELA (9/96) 

1010 (2/96) FDAP0 (10/02) FPDAP2 PB11FDB (02/05) 

2001 (12/02) FDAP2 (10/02) FPDAP2 (8/96) PB11FDB (09/04) 

2001(2/96) FDAP4 (10/02) FPDAP4 PB9 (01/04) 

2008 (12/02) FELA (02/05) FPDAP4 (8/96) PB9 (02/05) 

2008 (12/97) NQ FELA (10/02) FPDELA (10/98) PBFELA (02/03) 

2008 (12/97) Q FELA2 (02/05) FPDELA2 (03/02) PBFELA (02/05) 

BK2007 (04/00) FELA2 (10/02) FPDELA2B (3/02) PBNS12 (01/05) 

BK2007 (12/02) FELA2B (02/05) FPDELAM (01/00) PBNS15 (01/05) 

BK3 (6/99) FELA2B (10/02) FPDELAM (02/05) PBPA12 (01/05) 

BK5 (6/99) FELA2BK (12/02) FPIA10 (06/06) PBPA15 (01/05) 

BK6 (6/99) FIA7 (04/05) FPIA10P (06/06) PBPA15NB(01/05) 

BKELA (10/99) FPA3 (08/08) FPIA5 (06/06) SPDA-30 

BPA12 (03/06) FPA5 (08/08) FPIA7 (06/06) SPDA-31 

BPA8 (03/06) FPA7 (08/08) FPIAR (10/07) SPDA-32 
31

Issuing Company: Amerus Life Insurance Company / Aviva Life and Annuity 

Company – Product Names 

Freedom 3 MultiChoice Elite 

Freedom 5 MultiChoice Elite Plus 

Freedom 7 MultiChoice Freedom 3 

Freedom Plus MultiChoice Freedom 5 

Freedom Xtra MultiChoice Freedom 7 

MCA 10 MultiChoice Freedom Plus 

MCA 10 II MultiChoice Freedom Xtra 

MCA 10 IV MultiChoice Income 10 

MCA 6 MultiChoice Income 5 

MultiChoice 7 MultiChoice Income 7 

MultiChoice Bonus Master 10 MultiChoice Income Elite 

Advantage Bonus N MultiChoice Income Plus 

Advantage Bonus Q MultiChoice Income Xtra 

Advantage MVA N MCA Plus 

Advantage MVA Q Guaranteed Annuity Gold MVA 5 N 

Advantage Plus N Guaranteed Annuity Gold MVA 5 Q 

Advantage Plus Q Guaranteed Annuity Gold MVA 6 N 

Equity Advantage 10 N Guaranteed Annuity Gold MVA 7 N 

Equity Advantage 10 Q Guaranteed Annuity Gold MVA 7 Q 

Equity Advantage 7 N Guaranteed Annuity Platinum 5 

Equity Advantage 7 Q Guaranteed Annuity Platinum 6 

Equity Advantage Plus 10 Nonqualified Guaranteed Annuity Platinum 7

Equity Advantage Plus 10 Qualified Guaranteed Annuity Platinum MVA 5 

Equity Advantage Plus 7 Nonqualified Guaranteed Annuity Platinum MVA 6 

Equity Advantage Plus 7 Qualified Guaranteed Annuity Platinum MVA 7 

Guaranteed Annuity Gold 5 Q Performance Advantage Nonqualified 

Guaranteed Annuity Gold 5 N Performance Advantage Qualified 

Guaranteed Annuity Gold 6 N Secure Advantage Nonqualified 

Guaranteed Annuity Gold 7 N Secure Advantage Plus Nonqualified 

Guaranteed Annuity Gold 7 Q Secure Advantage Plus Qualified 

MultiChoice Bonus Master 8 Secure Advantage Qualified 

MultiChoice Bonus Plus Non-Qualified FLEX 30 

MultiChoice Classic TSA Qualified FLEX 30 403(b) 

Qualified FLEX 30 
32

Issuing Company: Amerus Life Insurance Company / Aviva Life and 

Annuity Company – Policy Form Numbers 

13410K99 MCA6 (02/05) MCBP (03/03) P MCI7 (06/06) G 11603K96 

13410K99 

9/02UT MCA6 (02/05) G MCF3 (08/08) MCIP (06/06) 11621A96 

13410K99P MCA7 (02/05) MCF5 (08/08) MCIP (06/06) G 11777E98 

13411K99 MCA7 (02/05) G MCF7 (08/08) MCIR (10/07) 11778E98 

13411K99P MCA7NB (02/05) MCFP (08/08) MCIX (01/08) 11779E98 

MCA10 (02/05) MCAC (04/05) MCFX (08/08) MCM12 (01/05) 11780E98 

MCA10 (02/05) G MCAC (04/05) G MCI10 (06/06) MCM12 (01/05) G 11791K96 

MCA2 (02/05) MCANS7 (02/05) MCI10 (06/06) G MCM15 (01/05) 11793K96 

MCA2 (02/05) G MCBP (02/05) MCI5 (06/06) MCM15 (01/05) G 11794C98 

MCA4 (02/05) MCBP (02/05) G MCI5 (06/06) G MCMNS12 (01/05) 11795C98 

MCA4 (02/05) G MCBP (03/03) MCI7 (06/06) MCMNS15 (01/05) 11796C98 

AAA3 (06/08) MCF7 (08/08) MCI10 (06/06) G MCIX (01/08) 11798C98 

AAA5 (06/08) MCF7 (08/08) G MCI5 (06/06) NYMCF3 (12/08) 9230J93 

AAA7 (06/08) MCFP (08/08) MCI5 (06/06) G NYMCF5 (12/08) 

MCF3 (08/08) MCFP (08/08) G MCI7 (06/06) NYMCF7 (12/08) 

MCF3 (08/08) G MCFX (08/08) MCIP (06/06) NYMCFP (12/08) 

MCF5 (08/08) MCFX (08/08) G MCIP (06/06) G 00-521-01 

MCF5 (08/08) G MCI10 (06/06) MCIR (10/07) 00-522-01 
33

Issuing Company: Delta Life and Annuity Company (predecessor to American Investors Life 

Insurance Company, Inc.) – Product Names 

First Year Increase Single Premium Income 

Flexible Premium Front Load Single Premium Income - PS (Preferred Series) 

Flexible Premium Front Load Carefree Advantage Platinum Guaranteed Rate Annuity MVA/No MVA 

Flexible Premium No Load Single Premium No Load - PS (Preferred Series) 

Flexible Premium No Load - PS (Preferred Series) Single Premium SP Access 6 

Gold Guaranteed Rate Annuity MVA/No MVA Single Premium SP Bonus II 

Guaranteed Interest Single Premium SPDA - PSII 

Guaranteed Rate Annuity SP Bonus II 

Issuing Company: Delta Life and Annuity Company (predecessor to American Investors Life 

Insurance Company, Inc.) – Policy Form Numbers 

12777E98 IIAIRA 7/96 SPQA6 10/94 

12778E98 IIAN 7/96 SPTDA6 10/94 

12779E98 IIAQ 7/96 SPTDABII 6/95 

12780E98 IIATSA 7/96 

APDNQ 9/92 NQSPDAPS 5/84 

APN 3/91 SPDA 6/88 

APNPS 3/91 SPDA6 10/94 

APNPS 5/90 SPDABII 6/95 

APNQ 8/90 SPDAPS 1/90 

APNQ 9/92 SPDAPS 11/92 

APNQPS 5/90 SPDAPS 12/89 

DL2 (5/00) SPDAPS 6/88 

DL5 (4/00) SPDAPS2 11/94 

DLSPEL (8/00) SPDAPS2 12/93 

EIAIRA 10/95 SPDAPS2 8/93 

EIAN 10/95 SPDAQ 1/89 

EIAQ 10/95 SPDAQPS 1/87 

EIATDA 10/95 SPDAQPS 1/90 

EIATSA 10/95 SPDAQPS 11/92 

FPA 1/95 SPDAQPS 11/94 

FPA 11/84 SPDAQPS 12/89 

FPA 12/86 SPDAQPS 7/88 

FPA 2/93 SPDAQPS 8/93 

FPA 7/88 SPDAQPS 9/92 

FPAQ 12/94 SPDAQPS2 11/92 

FPAQ 9/88 SPGA 5/91 

FPIRA 7/88 SPGAQ 5/91 

FPIRA 8/88 SPIRA6 10/94 

FPTDA 3/90 SPIRABII 6/95 
34

Issuing Company: Financial Benefit Life Insurance Company (predecessor to American Investors 

Life Insurance Company, Inc.) – Product Names 

CHAMPION TriBENEFIT 

SENIOR ADVANTAGE Capital Appreciation PLUS 

Issuing Company: Financial Benefit Life Insurance Company (predecessor to American Investors 

Life Insurance Company, Inc.) – Policy Form Numbers 

ACH-0191 FBL01 (9/96) SENIOR-0193FY SENIOR-0794NFY 

ACH-NFY-0191 FPDANW (4/97) SENIOR-0193NFY 

Issuing Company: Indianapolis Life Insurance Company (predecessor to Aviva Life and Annuity 

Company) – Product Names 

FLEXIBLE PREMIUM DEFERRED 

ANNUITY I QUALIFIED GROUP ANNUITY 

FLEXIBLE PREMIUM DEFERRED 

ANNUITY II QUALIFIED GROUP ANNUITY - 401(K) 

Flexible Premium Retirement Annuity Single Premium Deferred Annuity 

Flexible Premium Retirement Annuity - IL Individual Flexible Premium Annuity 

Individual Flexible Premium Annuity - IL Non Qual Single Premium Deferred Annuity 

Issuing Company: Indianapolis Life Insurance Company (predecessor to Aviva Life and Annuity 

Company) – Policy Form Numbers 

A100-82 A102-94 A103-82 QGA-95,GAC-95 

A102-88 w/3-102-91 A102-94 U FPA-95 
35

APPENDIX C 

ENHANCED GENERAL POLICY RELIEF TABLE

The specific bonus percentage for an eligible 65-and-Over Contract as to which a Class Member submits 

a valid Election Form for enhanced General Policy Relief will be determined by the information 

submitted in the Election Form and the corresponding ratios in accordance with the following table. 

Ratio: 

Remaining ALE ÷ 

Length of 

Surrender 

Charge Period 

 

greater than or 

equal to 0 and less 

than 40.0% 

0.81% 1.05% 1.25% 1.45% 1.70% 2.00% 

greater than or 

equal to 40.0% and 

less than 50.0% 

0.80% 0.95% 1.10% 1.25% 1.40% 1.60% 

greater than or 

equal to 50.0% and 

less than 60.0% 

0.79% 0.85% 0.92% 1.00% 1.15% 1.25% 

greater than or 

equal to 60.0% and 

less than 70.0% 

0.78% 0.81% 0.85% 0.90% 0.95% 1.00% 

greater than or 

equal to 70.0% and 

less than 80.0% 

0.77% 0.78% 0.79% 0.80% 0.81% 0.85% 

greater than or 

equal to 80.0% and 

less than 90.0% 

0.76% 0.77% 0.78% 0.79% 0.80% 0.82% 

greater than or 

equal to 90.0% and 

less than 100.0% 

0.75% 0.76% 0.77% 0.78% 0.79% 0.80% 

greater than or 

equal to 100.0% 

and less than 

105.0% 

0.52% 0.53% 0.54% 0.56% 0.58% 0.60% 

greater than or 

equal to 105.0% 

and less than 

110.0% 

0.50% 0.51% 0.52% 0.53% 0.54% 0.55% 

greater than or 

equal to 110.0% 

0.40% 0.40% 0.40% 0.40% 0.40% 0.40% 

less than 

10.0% 

greater 

than or 

equal to 

10.0% and 

less than 

20.0% 

greater 

than or 

equal to 

20.0% and 

less than 

30.0% 

greater 

than or 

equal to 

30.0% and 

less than 

40.0% 

greater 

than or 

equal to 

40.0% and 

less than 

50.0% 

greater 

than or 

equal to 

50.0% 

Ratio: 

Premium 

÷ 

LNW
36

APPENDIX D 

SCORING GUIDELINES AND SCORING FACTORS

Scoring Guidelines 

Claims for Claim Process Relief will be scored by applying the following Scoring Guidelines: 

1. A score of “5” means that the information, considered as a whole, supports the Claim by clear and 

convincing evidence, including clear and convincing evidence of each of the following: (a) the Agent 

failed to conduct a suitability assessment for the original Owner with respect to the Contract, as 

appropriate under then-applicable insurance laws and regulations in the jurisdiction where the Contract 

was sold, and the Contract was unsuitable for the original Owner under the circumstances; (b) the Agent 

misrepresented to the original Owner the Surrender Charge provisions of the Contract or the rate of 

return provided by the Contract; (c) the original Owner also purchased a living trust in connection with 

the sale of the Contract, and in the course of the sale of the living trust the Agent did not disclose that he 

or she was an insurance salesperson, falsely represented that he or she was an employee of a lawyer, or 

otherwise engaged in improper practices. 

2. A score of “4” means that the information, considered as a whole, supports the Claim by clear and 

convincing evidence, including clear and convincing evidence of two of the following: (a) the Agent 

failed to conduct a suitability assessment for the original Owner with respect to the Contract, as 

appropriate under then-applicable insurance laws and regulations in the jurisdiction where the Contract 

was sold, and the Contract was unsuitable for the original Owner under the circumstances; (b) the Agent 

misrepresented to the original Owner the Surrender Charge provisions of the Contract or the rate of 

return provided by the Contract; (c) the original Owner also purchased a living trust in connection with 

the sale of the Contract, and in the course of the sale of the living trust the Agent did not disclose that he 

or she was an insurance salesperson, falsely represented that he or she was an employee of a lawyer, or 

otherwise engaged in improper practices. 

3. A score of “3” means that that the information, considered as a whole, supports the Claim by clear 

and convincing evidence, including clear and convincing evidence of one of the following: (a) the Agent 

failed to conduct a suitability assessment for the original Owner with respect to the Contract, as 

appropriate under then-applicable insurance laws and regulations in the jurisdiction where the Contract 

was sold, and the Contract was unsuitable for the original Owner under the circumstances; (b) the Agent 

misrepresented to the original Owner the Surrender Charge provisions of the Contract or the rate of 

return provided by the Contract; (c) the original Owner also purchased a living trust in connection with 

the sale of the Contract, and in the course of the sale of the living trust the Agent did not disclose that he 

or she was an insurance salesperson, falsely represented that he or she was an employee of a lawyer, or 

otherwise engaged in improper practices. 

4. A score of “2” means that the information, considered as a whole, supports (a), (b), or (c) in 

paragraph 3 immediately above relating to the Claim by a preponderance of the evidence. 

5. A score of “1” means that the information, considered as a whole, supports (a), (b), or (c) in 

paragraph 3 immediately above relating to the Claim by substantial evidence, but less than a 

preponderance of the evidence. 

6. A score of “0” means that the information, considered as a whole, does not provide the support 

required for the Claim to be assigned a score of at least “1”. 
37

Scoring Factors 

The Scoring Factors set forth below will be considered in the review and scoring of Claims. 

1. The original Owner’s age when the Contract was issued. 

2. The Annuitant’s age when the Contract was issued. 

3. At the time the Contract was purchased, the original Owner’s monthly income, general financial 

condition, and requirements for access to the funds used to purchase the Contract. 

4. The original Owner’s sophistication and experience regarding annuity products and other financial 

products and investments. 

5. Whether, before buying the Contract, the original Owner had previously owned another annuity 

(including another Company Annuity) and whether the original Owner surrendered such other 

annuity. 

6. The reasons and purposes for which the original Owner purchased the Contract. 

7. Whether the Contract included any bonus feature and the amount of any such bonus. 

8. Whether the original Owner incurred withdrawal or surrender charges or other charges or penalties 

in liquidating other assets, or in transferring funds from other assets or investments, to fund in 

whole or in part the purchase of the Contract. 

9. Whether the original Owner received advice regarding the Contract from a financial advisor, 

investment advisor, estate planning advisor, attorney, accountant, other professional, or family 

member in connection with the purchase of the Contract and, if so, the substance of that advice and 

the role such advice played in the decision to purchase the Company Annuity, and whether any 

such person was present at the sales presentation. 

10. The pattern of any withdrawals or attempted withdrawals from the Contract. 

11. The length of time the Contract was held in deferral and/or the amount of time remaining in the 

deferral period under the Contract (i.e., until the specified annuity date or maturity date). 

12. If the Contract was surrendered, the reason for the surrender. 

13. The amount of Surrender Charges (if any) incurred by the Claimant under the Contract. 

14. Whether the original Owner understood at the time he/she decided to purchase the Contract how 

the withdrawal features of the Contract, including the Surrender Charges, actually worked. 

15. Whether, prior to making the decision to purchase the Contract, the original Owner considered 

purchasing any other annuity product, and the information received and considered by the original 

Owner relating to such other annuity product. 

16. Whether the original Owner purchased a living trust in connection with the purchase of the 

Contract, and the circumstances in which such living trust was sold. 

17. Whether any living trust was part of a broader estate plan that was recommended to the original 

Owner by a professional who was not affiliated with the salesperson who sold the annuity. 

18. Whether any living trust was funded by the Contract or other assets. 

19. Whether the original Owner received a Consumer Brochure before making the decision to purchase 

the Contract. 
38

20. Any other written disclosures or other documents received and/or signed by the original Owner 

before making the decision to purchase the Contract or otherwise in connection with the purchase 

of the Contract. 

21. The recollection of the original Owner, an Agent, or others relating to whether the original Owner 

received a Consumer Brochure before making the decision to purchase the Contract. 

22. The recollection of the original Owner, an Agent, or others relating to any sales presentation, 

explanation, or other information provided to the original Owner about the Contract, or any of its 

relevant features, before the original Owner made the decision to purchase the Contract. 

23. The degree to which the original Owner relied on any alleged misrepresentations by the Agent in 

making the decision to purchase the Contract, and the substance of any such misrepresentation. 

24. The degree to which the original Owner relied on any statements made by Defendants in a 

Consumer Brochure, or any other statements, promises, or representations made by Defendants in 

making the decision to purchase the Contract, and the nature of such statements, promises, or 

representations. 

25. Whether, prior to the filing of any action consolidated into the Action, the original Owner or the 

Claimant submitted a written or oral complaint to a Defendant, an Agent, or a regulatory agency, 

and the substance of any such complaint. 

26. If the Claimant is not the original Owner, whether the Claimant has personal knowledge of the facts 

and circumstances covered in factors 1-6, 8, 9, 12, and 14-25, above. 

27. Whether the issuing Company sent the Claimant annual statements concerning the Contracts and 

the number of years such statements were sent. 
39

APPENDIX E 

INSTRUCTIONS FOR IMPLEMENTING GENERAL POLICY RELIEF

As explained in the Notice of Class Action, Proposed Settlement, and Fairness Hearing, the 

proposed settlement makes available the General Policy Relief as an added benefit under certain 

eligible policies. These instructions tell you how you can implement the General Policy Relief for 

your eligible policy if you decide that you would like to do so. 

YOU ARE NOT REQUIRED TO IMPLEMENT THE GENERAL POLICY RELIEF FOR 

POLICIES IN DEFERRAL OR IN ANNUITIZATION, AND YOU DO NOT NEED TO DO 

ANYTHING IF YOU PREFER TO KEEP YOUR POLICY IN DEFERRAL OR POLICY IN 

ANNUITIZATION AS IS. IN ADDITION, THE GENERAL POLICY RELIEF BENEFITS, AND 

THE TAX AND OTHER CONSEQUENCES TO YOU OF RECEIVING THE BENEFITS, MAY 

VARY DEPENDING ON WHEN THE RELIEF IS IMPLEMENTED. YOU MAY WANT TO 

CONSULT WITH A TAX OR OTHER ADVISOR BEFORE MAKING YOUR DECISIONS AS 

TO WHETHER AND WHEN TO IMPLEMENT THE GENERAL POLICY RELIEF. 

If you want to have the General Policy Relief implemented for a policy in deferral or a policy in

annuitization, contact the Company that issued your policy by telephone during the timeframes 

explained in the “Implementation Period” paragraph below. The Company will then provide you with 

information relating to what would happen with your policy if you decide to go ahead with 

implementing the General Policy Relief, including: (1) then-current policy values; (2) the approximate 

amount of the applicable bonus; (3) for a policy in deferral, the five-year anniversary date of the policy; 

(4) the estimated amount of the annuity installment payments, including, for a policy in deferral that has 

not yet reached the five-year anniversary date, the estimated amount of the annuity installment payments 

if the General Policy Relief is implemented immediately, and the estimated amount of the annuity 

installment payments if the General Policy Relief is implemented upon reaching the five-year 

anniversary date; and (5) when and how long the annuity installment payments would be made. If you 

contact the issuing Company about implementing the General Policy Relief, the Company will mail this 

information to you as soon as reasonably practicable after your request. 

If you contact the issuing Company and tell the Company representative that you want to go ahead with 

implementing the General Policy Relief, the Company will send you the required paperwork. 

Implementation Period: To implement the General Policy Relief for a policy in deferral, you may 

contact the issuing Company at any time after the first anniversary of the policy’s issue date but no later

than the annuitization date or maturity date specified in the policy. However, because implementing the 

relief will mean that the policy will cease to be in deferral, you should not instruct the Company to 

implement the relief before the time you want the policy to be taken out of deferral and the annuity 

installment payments to the annuitant to begin. To implement the General Policy Relief for a policy in

annuitization, you may contact the issuing Company and instruct it to implement the relief at any time 

while the policy remains active and is still the subject of continuing payments. The telephone numbers 

for contacting your issuing Company are: 

[telephone #s for implementation requests] 
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Please keep in mind that to implement the General Policy Relief the required paperwork will have to be 

properly completed and returned to the Company by U.S. mail with a postmark that falls within the 

applicable period explained in the preceding paragraph. 

General Policy Relief will not be implemented for policies in deferral and policies in annuitization

unless the policy owner contacts the Company and submit the required paperwork as explained above. 

This means that no bonus will be credited or paid on your policy in deferral or policy in annuitization

under the General Policy Relief unless you contact the Company to request implementation of the relief 

and submit the required paperwork within the specified time periods. In addition, even if the Court 

approves the settlement, no settlement relief, including General Policy Relief, will be implemented until 

after the Final Settlement Date. If you contact the Company to implement General Policy Relief before 

the Final Settlement Date, the Company will not send you information or the paperwork required to 

implement the relief until after the Final Settlement Date. 

For fully annuitized policies, the General Policy Relief will be implemented for applicable policies

automatically after the Final Settlement Date, so you will not need to take any action to receive it, if 

applicable to your policy.