Loan Disclosure statement
THIs LOAN DIsCLOsuRE sTATEMENT gOVERNs YOuR LOAN APPLICATION AND ANY REsuLTINg LOAN.
Additional loans will not be allowed to participants with outstanding defaulted loans under this or any other plan sponsored by this employer (or under a plan sponsored by any other employer related to the employer sponsoring this plan) until these defaulted loans have been repaid with outside funds or can be fully foreclosed.
Payments of principal and interest should be made by check payable to THE VARIABLE ANNUITY LIFE INSURANCE COMPANY.
The remittance address will be indicated on the payment coupon. However, payments are due regardless of receipt of payment coupon. For additional information contact our Client Care Center at 1-800-448-2542.
1. APPLICABILITY
Loans as described herein are available only from VALIC annuity contracts and accounts issued to tax-qualified and governmental 457(b) plans, which are not subject to the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). If the Plan is subject to ERISA, please call our Client Care Center at 1-800-448-2542 to have a VALIC ERISA Loan Agreement and Disclosure Statement sent to you.
The IncomeLOCK option is not available if there is an outstanding loan on the contract. Prior to adding the IncomeLOCK option to the contract, any outstanding loan must first be paid off. If a loan is taken after the IncomeLOCK option is in effect, the IncomeLOCK option and associated benefits will cease. Once terminated, the IncomeLOCK option can not be added back to the contract.
2. AMOuNT OF LOAN
VALIC processes loans for loan qualification purposes solely on the basis of employer tax-qualified and governmental 457(b) plans that are invested in VALIC annuity contracts or accounts.
VALIC assumes no responsibility for the processing of loans other than in accordance with the limits described below as applied to VALIC annuity contracts and accounts issued to such employer tax-qualified and governmental 457(b) plans.
a.The availability and amount of a loan are subject to any applicable restrictions in the plan.
b.Both fixed and variable VALIC accounts are considered for purposes of qualifying a loan, but only the vested portion of a fixed sub-account may be used as security for a loan. The fixed vested portion of the annuity contract or sub-account against which the loan is requested must equal or exceed the initial security reserve [see section 4(a)].
c.The maximum amount you may borrow may not exceed the lesser of $50,000 [reduced by the highest total outstanding loan balance you had during the past 12 months under all tax-qualified and governmental 457(b) plans sponsored by the employer] or 50% of the present value of your vested accrued benefit under all such plans of the employer. The 50% limit does not apply when the loan amount requested plus any existing indebtedness is $10,000 or less.
d.Loans are not made to participants who have begun receiving annuity payments under the contract or account.
e.VALIC may from time to time establish minimum loan amounts. Refer to your VALIC contract for the current minimum.
f.If a participant annuitizes, surrenders the contract or account, or dies before the loan is repaid, the annuity value or death benefit payable under the contract will be reduced by the outstanding loan amount, delinquent quarterly interest payments, prorated portion of quarterly loan interest and any applicable surrender charge.
3.TERMs OF LOAN
a.Amortized equal loan payments of principal and interest are due on the last day of each quarter of the loan year.
b.Quarterly payments are required. Quarterly payment obligations may not be satisfied more than one quarter in advance.
c.Payments received by VALIC will be applied in this order: First, to any outstanding payments due
Second, to the current quarterly payment due Third, to the next quarterly payment Fourth, to the principal balance
d.The loan balance may be repaid in full at any time. Please contact the Client Care Center at 1-800-448-2542 to obtain a payoff quote which includes principal and interest due. If the loan is repaid in full before the end of the loan term, loan interest due shall be prorated.
4.sECuRITY FOR LOAN
a.VALIC will place in a security reserve an amount equal to the sum of the loan amount, the contract surrender charge as if the loan amount had been surrendered at the start of the loan term, if applicable, and all interest credited to the foregoing amounts.
b.I pledge the foregoing amount in the security reserve to VALIC as security for this loan. This amount is not subject to withdrawal, surrender, reallocation, transfer, assignment or pledge to anyone other than VALIC.
c.The portion of the reserve equal to the loan balance and interest thereon will accumulate minimum guaranteed interest at the applicable contract rate. The portion of the reserve equal to the amount necessary to satisfy the surrender charge, if applicable, and interest thereon, will earn interest at the applicable minimum guaranteed interest rate or such higher rate declared by VALIC’s Board of Directors but no less than the minimum guaranteed rate under the contract.
d.As loan balance repayments are made, pro-rata portions of the loan balance and accumulated interest on that amount held in the security reserve will be credited to the contract or account and will earn interest at a rate declared by VALIC’s Board of Directors. When the loan is repaid in full, the remaining amount in the security reserve will be credited to the contract or account.
e.VALIC will foreclose on the security reserve for the foreclosure amount upon default or when any withdrawal or plan restrictions no longer apply. If the loan is foreclosed upon, any amount in the security reserve in excess of the foreclosure amount will be credited to the contract or account.
5.LOAN DEFAuLT
a.If Borrower fails to make any scheduled payment, the loan is considered past due. If the past due payment amount remains unpaid for 90 days or such other time period as defined under the terms of the plan or loan provisions (not to extend longer than permitted under applicable regulations or rulings of the Internal Revenue Service or the Department of Labor), the loan will be
in default and the outstanding loan amount, together with any accrued interest, will be immediately due and payable.
b.The defaulted loan amount will be reported on IRS Form 1099-R or other applicable reporting form as a taxable distribution for federal income tax purposes. (Caution: Such a distribution prior to age 59½ may result in a 10% early withdrawal federal income tax penalty.)
c.If there are any withdrawal or plan restrictions, then, upon default, VALIC may be unable to immediately foreclose upon the security