Annuity Policy. Part A - About your Policy

Transcription

1 Annuity Policy In this document, you and your means the owner of this Policy, or the Policyholder. We, our, us and the Company means Giraffe & Friends Life Insurance Company in its capacity as issuer of this Policy. We agree with you to pay the Annuity Payments according to this Policy. All of the following documents make up the entire contract between you and us: This Policy The application Giraffe & Friends Education Savings Plan Terms Any applicable addendum in writing Any amendments in writing Part A - About your Policy Contract number: Purchase date: Policyholder: Premium Amount Date Received [ ] 1

2 Part B - Definitions to Understand your Policy The following definitions describe terms that may be used in your Policy. ACES means the Alberta Centennial Educational Savings Plan created under the Alberta Centennial Education Savings Act. Accumulated Income Payment means an amount paid out of the Plan other than a payment described in paragraphs (a) or (c) to (e) in the definition of Qualified Trust, to the extent that the amount exceeds the Savings under the Plan. Annuity Payments means the amounts the Policyholder is entitled to receive under this Policy. Beneficiary means any person named by a Subscriber on the application for a Plan who is under 13 years of age at the time of such application, or any person substituted for the original Beneficiary in accordance with the Giraffe & Friends Education Savings Plan Terms. CESG means the Canada Education Savings Grant payable on behalf of an eligible Beneficiary in accordance with the terms and conditions set out in the Canada Education Savings Act. CLB means the Canada Learning Bond as that term is defined in the Canada Education Savings Act. Date of Maturity means the date indicated in the Giraffe & Friends Education Savings Plan Terms, unless such date is deferred by the Subscriber upon written notice to Giraffe & Friends or unless such date is automatically deferred by Giraffe & Friends in accordance with the Giraffe & Friends Education Savings Plan Terms to avoid the repayment of Grants and other applicable amounts to the government, but in no case shall such date be later than 31 years after the year the Plan became effective. Deposit means a monetary contribution by a Subscriber to a certain Plan on behalf of a certain Beneficiary, but does not include any grants under or because of the Canada Education Savings Act, any designated provincial program or any other program that has a similar purpose to a designated provincial program and is funded, directly or indirectly by a province (other than an amount paid into the Plan by a Public Primary Caregiver in its capacity as a Subscriber under the Plan). designated educational institution has the meaning assigned under subparagraph (a)(i) of the definition of that expression in subsection 118.6(1) of the Income Tax Act (Canada). designated provincial program means a program administered pursuant to an agreement entered into under section 12 of the Canada Education Savings Act or a program established under the laws of a province to encourage the financing of children s post-secondary education through savings in RESPs. EAP or Education Assistance Payment means the amount of Grants and interest earned on Grants and the interest guaranteed under the Plan on the Deposits and paid out by the Plan to or for the Beneficiary to assist him or her to further his or her education at a post-secondary school level. ESP means an education savings plan as evidenced by the Giraffe & Friends Education Savings Plan Terms made between the Subscriber, Giraffe & Friends and Scotiatrust under which Giraffe & Friends agrees to pay or cause to be paid EAPs to or for a Beneficiary. 2

3 Grants means, collectively, amounts payable under the CESG, CLB, QESI, SAGES and ACES and any other similar education savings plans made available by the federal or any provincial or territorial government from time to time. Plan means the Giraffe & Friends Education Savings Plan, a registered education savings plan (within the meaning of the Income Tax Act (Canada) as amended from time to time) offered by Giraffe & Friends for the purpose of funding EAPs to Students pursuing a Qualifying Educational Program at a Post-Secondary Educational Institution. Policy means this document, which is part of your contract with us. Policyholder means the owner of this Policy. Post-Secondary Educational Institution has the meaning assigned to that term by subsection 146.1(1) of the Income Tax Act (Canada), as amended from time to time, and currently includes all universities, colleges and other post-secondary educational institutions in Canada, certain occupational training institutions in Canada as well as universities, colleges and other post-secondary educational institutions outside Canada at which a Beneficiary was enrolled in a course of not less than 13 consecutive weeks. Premium Amount means the amount of money paid to purchase the Policy. Giraffe & Friends means Giraffe & Friends Life Insurance Company in its capacity as administrator of the Plan and not in its capacity as issuer of this Policy. Public Primary Caregiver, of a beneficiary under an ESP in respect of whom a special allowance is payable under the Children s Special Allowances Act, means the department, agency or institution that maintains the beneficiary or the public trustee or public curator of the province in which the beneficiary resides. Purchase Date means the date our head office receives your completed application and the first Premium Amount. The terms of this Policy go into effect on this date. Qualified Trust means any trust corporation resident in Canada licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada the business of offering to the public its services as a trustee who irrevocably holds property under an education savings plan for any of, or any combination of, the following purposes: (a) the payment of EAPs; (b) the payment of Accumulated Income Payments; (c) the return of Savings to a Subscriber; (d) the repayment of amounts (and the payment of amounts related to those amounts) under the Canada Education Savings Act or a designated provincial program; (e) the payment to, or to a trust in favour of, designated educational institutions as directed by the Company in its sole discretion; or (f) the payment to a trust that irrevocably holds property pursuant to a RESP for any of the purposes set out in paragraphs (a) to (e). Qualifying Educational Program has the meaning assigned to that term by subsection 146.1(1) of the Income Tax Act (Canada), as amended from time to time and currently means a program at a post-secondary school level of not less than three consecutive weeks duration that requires each student taking the program to spend not less than ten hours per week on courses or work in the program. QESI means the Quebec Education Savings Incentive. RESP means an ESP that has been registered for the purposes of the Income Tax Act (Canada). 3

4 Giraffe & Friends Education Savings Plan Terms means an agreement evidencing the Plan made among a specific Subscriber, Giraffe & Friends and Scotiatrust under which Giraffe & Friends agrees to pay or cause to be paid EAPs to or for a specific Beneficiary. This Policy is issued as a qualified investment to a specific Giraffe & Friends Education Savings Plan Terms. SAGES means the Saskatchewan Advantage Grant for Education Savings grant. Savings means the total Deposits, not including any income or interest earned thereon, made by or on behalf of the Subscriber over the life of the Plan, less applicable service charges, all other costs of administration and any applicable taxes. Scotiatrust means The Bank of Nova Scotia Trust Company, a trust company authorized to carry on business in all provinces of Canada. Student means a Beneficiary whose ESP is in good standing and who satisfies the requirements to receive an EAP through enrolment in a Qualifying Educational Program at a Post-Secondary Educational Institution in or after his or her date of maturity and at any subsequent time that a request for an EAP is made. Subscriber means an individual, or two individuals who are spouses or common-law partners of one another, acting jointly, and of legal age and capacity, or a Public Primary Caregiver, whose signed application to participate in the ESP is accepted by Giraffe & Friends. A Subscriber will also include: (a) any person who after the death of an individual Subscriber (including the estate of such Subscriber), acquires the rights of the Subscriber or makes contributions into the Plan; and (b) a Public Primary Caregiver who has under a written agreement acquired a Public Primary Caregiver s rights as a subscriber under the Plan. Termination Benefit means the difference between the Premium Amount and the Termination Charge. Termination Charge means the service charge expressed as a percentage of Deposits as set out in the Giraffe & Friends Education Savings Plan Terms in relation to which this Policy has been issued. Withdrawal means the right of a Subscriber, at any time up to the date that is 30 days after the execution of the application in connection with the Giraffe & Friends Education Savings Plan Termsby the Subscriber, to withdraw from the Plan by giving written notice, signed by the Subscriber, to the Company in accordance with the Giraffe & Friends Education Savings Plan Terms. Part C - Policy provisions Annuity Payments under this Policy 1. We will pay the Policyholder the Annuity Payments in the amount and the frequency described in Section 2 of this Part C. 2. The amount and frequency of the Annuity Payments shall be as follows: (a) Annuity Payment in relation to Deposits payable under the Plan: At the Date of Maturity, Annuity Payments will be paid to the Policyholder in such amounts and in such frequency as amounts representing Deposits are paid by the Plan pursuant to the Giraffe & Friends Education Savings Plan Terms in relation to which this Policy has been issued. 4

5 (b) Annuity Payment in relation to guaranteed interest payable under the Plan: At the Date of Maturity, Annuity Payments will be paid to the Policyholder in such amounts and in such frequency as the guaranteed interest has been agreed to be paid by the Plan pursuant to the Giraffe & Friends Education Savings Plan Terms in relation to which this Policy has been issued. It is understood that any interest or other income earned by Giraffe & Friends in relation to the Deposits, beyond the guaranteed interest agreed to be paid out under this Policy in the prior sentence, shall be for the account and benefit of Giraffe & Friends. (c) Annuity Payment: At the Date of Maturity, Annuity Payments will be paid to the Policyholder are paid by the Plan pursuant to the Giraffe & Friends Education Savings Plan Terms in relation to which this Policy has been issued. (d) Annuity Payment in relation to a Withdrawal: If we receive a written notice by the Policyholder of a Withdrawal pursuant to the Giraffe & Friends Education Savings Plan Terms, we shall pay an Annuity Payment to the Policyholder in the amount of the Premium Amount paid to us. (e) Annuity Payment in relation to a Termination Benefit: If we receive a written notice by the Policyholder that a Termination Benefit is to be paid pursuant to the Giraffe & Friends Education Savings Plan Terms, we shall pay an Annuity Payment in the amount of the Termination Benefit. It is understood that any Premium Amount remaining in Giraffe & Friends, after the payment of the Annuity Payment in the amount of the Termination Benefit, shall be for the account and benefit of Giraffe & Friends. (f) Annuity Payment in relation to an Accumulated Income Payment: If we receive a written notice by the Policyholder that an Accumulated Income Payment is to be paid pursuant to the Giraffe & Friends Education Savings Plan Terms, we shall pay an Annuity Payment to the Policyholder equal to the amount of the Accumulated Income Payment. General Provisions 1. We will make all Annuity Payments under this Policy in Canadian currency. 2. This is a non-participating contract. This means we will not pay dividends under this Policy. 3. No loans can be made under this Policy. 4. You are responsible for carefully reviewing and verifying that all written notices and/or statements you receive from us are correct. (a) If you find any information that is incorrect, missing or inaccurate, you must let us know in writing within 45 days of receiving the notice and/or statement. (b) If we do not receive this written notice from you within the 45 days, we will assume that you have accepted the information on the statement and/or notice to be correct. (c) You will then bear any future loss resulting from information in the statement and/or notice. Transfer of ownership and assignment Without our prior written consent, you cannot transfer ownership of this Policy and the Policy cannot be assigned as collateral security. 5

6 Rights and Interest The Policyholder has all of the rights and interest associated with the Policy. Amendments We may amend this Policy in writing if both you and we agree to it and authorized officials of the Company sign it. If applicable legislation requires any amendment, we reserve the right to amend this Policy in accordance with the applicable legislation without your consent. Financial Consumer Agency of Canada If you have a concern and wish to make a complaint, please visit the giraffe & friends website at or call us toll free at for information on our Complaint Resolution process. Please note that consumers may contact the following federal agency in Canada at any time for information and assistance on complaints: Financial Consumer Agency of Canada 427 Laurier Ave. West, 6th Floor Ottawa, Ontario K1R 1B9 Website: 6