Form 5305-RB Do not file (Rev. April 2017) Roth Individual Retirement Annuity Endorsement with the Internal Department of the Treasury (Under section 408A of the Internal Revenue Code) Revenue Service Internal Revenue Service Name of issuer Check if this endorsement supersedes a prior Roth IRA endorsement . . . . . . . . . . . . ▶ This endorsement is made a part of the annuity contract to which it is attached, and the following provisions apply in lieu of any provisions in the contract to the contrary. The annuitant is establishing a Roth individual retirement annuity (Roth IRA) under section 408A to provide for his or her retirement and for the support of his or her beneficiaries after death. Article I Except in the case of a qualified rollover contribution described in section 408A(e) or a recharacterized contribution described in section 408A(d)(6), the issuer will accept only cash contributions up to $5,500 per year for 2013 through 2017. For individuals who have reached the age of 50 by the end of the year, the contribution limit is increased to $6,500 per year for 2013 through 2017. For years after 2017, these limits will be increased to reflect a cost-of-living adjustment, if any. Article II 1. The annual contribution limit described in Article I is gradually reduced to $0 for higher income levels. For an annuitant who is single or treated as single, the annual contribution is phased out between adjusted gross income (AGI) of $118,000 and $133,000; for a married annuitant filing jointly, between AGI of $186,000 and $196,000; and for a married annuitant filing separately, between AGI of $0 and $10,000. These phase-out ranges are for 2017. For years after 2017, the phase-out ranges, except for the $0 to $10,000 range, will be increased to reflect a cost-of-living adjustment, if any. Adjusted gross income is defined in section 408A(c)(3). 2. In the case of a joint return, the AGI limits in the preceding paragraph apply to the combined AGI of the annuitant and his or her spouse. Article III The annuitant’s interest in the contract is nonforfeitable and nontransferable. Article IV 1. The contract does not require fixed contributions. 2. Any dividends (refund of contributions other than those attributable to excess contributions) arising under the contract will be applied (before the close of the calendar year following the year of the dividend) as contributions toward the contract. Article V 1. If the annuitant dies before his or her entire interest in the contract is distributed to him or her and the annuitant’s surviving spouse is not the designated beneficiary, the remaining interest in the contract will be distributed in accordance with paragraph (a) below or, if elected or there is no designated beneficiary, in accordance with paragraph (b) below. (a) The remaining interest in the contract will be distributed, starting by the end of the calendar year following the year of the annuitant’s death, over the designated beneficiary’s remaining life expectancy, or a period no longer than such remaining life expectancy, as determined in the year following the death of the annuitant. Life expectancy is determined using the single life table in Regulations section 1.401(a)(9)-9. (b) The remaining interest in the contract will be distributed by the end of the calendar year containing the fifth anniversary of the annuitant’s death. 2. If the annuitant’s surviving spouse is the designated beneficiary, such spouse will then be treated as the annuitant. Article VI 1. The annuitant agrees to provide the issuer with all information necessary to prepare any reports required by sections 408(i) and 408A(d)(3)(E), Regulations sections 1.408-5 and 1.408-6, or other guidance published by the Internal Revenue Service (IRS). 2. The issuer agrees to submit to the IRS and annuitant the reports prescribed by the IRS. Article VII Notwithstanding any other articles which may be added or incorporated, the provisions of Articles I through IV and this sentence will be controlling. Any additional articles inconsistent with section 408A, the related regulations, or other published guidance will be invalid. Cat. No. 25871H Form 5305-RB (Rev. 4-2017) |
Form 5305-RB (Rev. 4-2017) Page 2 Article VIII This endorsement will be amended as necessary to comply with the provisions of the Code, the related regulations, and other published guidance. Other amendments may be made with the consent of the persons whose signatures appear on the contract. Article IX Article IX may be used for any additional provisions. If no other provisions will be added, draw a line through this space. If provisions are added, they must comply with applicable requirements of state law and the Internal Revenue Code and may not imply that they have been reviewed or pre-approved by the IRS. General Instructions not includible in gross income. For more Article V. This article describes how information on Roth IRAs, including the distributions will be made from the Roth Section references are to the Internal required disclosures the issuer must give IRA after the annuitant’s death. Elections Revenue Code unless otherwise noted. the annuitant, see Pub. 590-A, made pursuant to this article should be Contributions to Individual Retirement reviewed periodically to ensure they Purpose of Form Arrangements (IRAs), and Pub. 590-B, correspond to the annuitant’s intent. Form 5305-RB is a model annuity Distributions from Individual Retirement Under paragraph 2 of Article V, the endorsement that meets the Arrangements (IRAs). annuitant’s spouse is treated as the requirements of section 408A. However, owner of the Roth IRA upon the death of only Articles I through VIII have been Definitions the annuitant, rather than as the reviewed by the IRS. A Roth individual Issuer. The issuer is the insurance beneficiary. If the spouse is to be treated retirement annuity (Roth IRA) is company providing the annuity contract. as the beneficiary, and not the owner, an established after the contract, which The insurance company may use other overriding provision should be added to includes this endorsement, is fully terms besides “issuer” to refer to itself, Article IX. executed by both the individual such as, “company,” “insurer,” or “us.” Article IX. Article IX and any that follow (annuitant) and the issuer. To make a Annuitant. The annuitant is the person it may incorporate additional provisions regular contribution to a Roth IRA for a who establishes the annuity contract. that are agreed to by the annuitant and year, the IRA must be established no The insurance company may use other issuer to complete the contract. They later than the due date (excluding terms besides “annuitant” to refer to the may include, for example, definitions, extensions) of the individual’s income tax person who establishes the annuity investment powers, voting rights, return for the year. The contract must be contract, such as, “owner,” “applicant,” exculpatory provisions, amendment and for the exclusive benefit of the annuitant “insured,” or “you.” termination, removal of the issuer, and his or her beneficiaries. issuer’s fees, state law requirements, beginning date of distributions, Do not file Form 5305-RB with the Specific Instructions accepting only cash, treatment of IRS. Instead, keep it with your records. excess contributions, prohibited Article I. The annuitant may be subject Unlike contributions to traditional to a 6% tax on excess contributions if transactions with the annuitant, etc. individual retirement arrangements, (1) contributions to other individual Attach additional pages if necessary. contributions to a Roth IRA are not retirement arrangements of the annuitant deductible from the annuitant’s gross have been made for the same tax year, income; and distributions after 5 years (2) the annuitant’s adjusted gross that are made when the annuitant is income exceeds the applicable limits in 591/2 years of age or older or on Article II for the tax year, or (3) the account of death, disability, or the annuitant’s and spouse’s compensation purchase of a home by a first-time is less than the amount contributed by homebuyer (limited to $10,000), are or on behalf of them for the tax year. Form 5305-RB (Rev. 4-2017) |