-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, LyV8cWKA6J2OmTrYHpmxeA+6y6HNrfPI4YhRP0qi5hpLGZVipzxBAUvny1Q3shIt 4QmcxvvamS9i/wxPVJiFHQ== 0001104659-06-040175.txt : 20060607 0001104659-06-040175.hdr.sgml : 20060607 20060607103538 ACCESSION NUMBER: 0001104659-06-040175 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20060601 ITEM INFORMATION: Entry into a Material Definitive Agreement ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20060607 DATE AS OF CHANGE: 20060607 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ALLSTATE LIFE INSURANCE CO OF NEW YORK CENTRAL INDEX KEY: 0000839759 IRS NUMBER: 362608394 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 033-47245 FILM NUMBER: 06890754 BUSINESS ADDRESS: STREET 1: 100 MOTOR PARKWAY STREET 2: SUITE 132 CITY: HAPPAUGE STATE: NY ZIP: 11788 BUSINESS PHONE: 631 357-8920 MAIL ADDRESS: STREET 1: 100 MOTOR PARKWAY STREET 2: SUITE 132 CITY: HAPPAUGE STATE: NY ZIP: 11788 8-K 1 a06-13366_18k.htm CURRENT REPORT OF MATERIAL EVENTS OR CORPORATE CHANGES

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, DC 20549

 

 

FORM 8-K

 

 

CURRENT REPORT

 

 

Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

 

 

Date of report (Date of earliest event reported): June 1, 2006

 

 

ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK

(Exact name of Registrant as Specified in Charter)

 

New York

 

333-100029

 

36-2608394

(State or other

 

(Commission

 

(IRS Employer

jurisdiction of

 

File Number)

 

Identification No.)

organization)

 

 

 

 

 

100 Motor Parkway, Suite 132

 

 

Hauppauge, New York

 

11788

(Address of Principal Executive Offices)

 

Zip

 

Registrant’s telephone number, including area code: (516) 451-5300

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

o            Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

o            Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

o                                    Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

o                                    Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 



 

Section 1 — Registrant’s Business and Operations

 

Item 1.01.              Entry into Material Definitive Agreements

 

Amendment No. 2 to Automatic Annuity Reinsurance Agreement

 

On June 1, 2006, Allstate Life Insurance Company of New York (“ALNY”) and Allstate Life Insurance Company (“ALIC”) executed an Amendment No. 2 to Automatic Annuity Reinsurance Agreement, effective immediately (“Second Amendment”).

 

ALNY and ALIC previously entered into the Automatic Annuity Reinsurance Agreement (“Original Agreement”) dated as of January 2, 2004 whereby ALNY ceded to ALIC 100% of liabilities arising out of certain variable annuity policy riders issued by ALNY.

 

The Second Amendment provides that the Original Agreement is terminated as of June 1, 2006 and ALNY shall fully recapture all liabilities which were previously ceded to ALIC under the Original Agreement.

 

A copy of the Second Amendment is attached hereto as Exhibit 10.1 to this report.

 

Section 9 — Financial Statements and Exhibits

 

Item 9.01.              Financial Statements and Exhibits.

 

(d)           Exhibits

 

Exhibit No.

 

Description

 

 

 

10.1

 

Amendment No. 2 to Annuity Reinsurance

 

 

Agreement dated as of June 1, 2006.

 

 

2



SIGNATURE

 

                Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

ALLSTATE LIFE INSURANCE COMPANY

 

 

 

 

 

By:

/s/ Mary J. McGinn

 

 

 

Name:

Mary J. McGinn

 

 

Title:

Vice President and

 

 

 

Assistant Secretary

 

Date:   June 7, 2006

 

3


EX-10.1 2 a06-13366_1ex10d1.htm EX-10.1

 

Exhibit 10.1

 

AMENDMENT NO. 2

TO AUTOMATIC ANNUITY REINSURANCE AGREEMENT

 

This AMENDMENT NO. 2 TO AUTOMATIC ANNUITY REINSURANCE AGREEMENT, dated as of June 1, 2006 (“Amendment No. 2”) is by and between ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK (the “Cedent”) and ALLSTATE LIFE INSURANCE COMPANY (the “Reinsurer”).

 

WHEREAS, the Cedent and the Reinsurer entered into that certain Automatic Annuity Reinsurance Agreement dated as of January 2, 2004 (as subsequently amended, the “Agreement”), whereby the Cedent ceded to the Reinsurer 100% of liabilities arising out of certain variable annuity policy riders issued by the Cedent.

 

WHEREAS, the Cedent and Reinsurer entered into Amendment No.1 to the Agreement, effective January 1, 2005.

 

WHEREAS, the parties mutually desire to terminate the Agreement and to have the Cedent fully recapture all liabilities ceded pursuant to the Agreement (the “Policy Liabilities”), upon the terms and conditions set forth in this Amendment No. 2.

 

NOW THEREFORE, in consideration of the above stated premises and the mutual agreements set forth below, the parties agree as follows:

 

1.              The Cedent and the Reinsurer agree that the Agreement shall be deemed terminated as of 11:59 p.m. on June 1, 2006 (“Recapture Date”).  Furthermore, as of the Recapture Date, the Cedent shall be deemed to have recaptured all Policy Liabilities from the Reinsurer.  As such, as of the Recapture Date, the Reinsurer shall be deemed to have;

 

(i)                                     ceded, transferred, and assigned to the Cedent all Policy Liabilities; and

 

(ii)                                  sold, transferred, and assigned to the Cedent, any and all of the Reinsurer’s right, title, and interest in and to all gross premiums, premium adjustments, amounts recoverable from reinsurers, and other similar payments and receivables that are or may be due or payable  under the Reinsured Riders.

 

The parties shall cooperate with each other in delivering such other documents, instruments and certificates as the other party may reasonably request to further effectuate this recapture.

 

The Cedent and the Reinsurer agree that this recapture is being effected by mutual agreement under the terms of this Amendment No. 2.  The terms of Article IX of the Agreement are inapplicable to this recapture.

 



 

2.              Within forty-five (45) calendar days following the Recapture Date, the Reinsurer shall transfer to the Cedent cash or invested assets including accrued interest with market value equal to the statutory reserves associated with the recaptured liabilities.  The applicable portion of these items will be calculated as of the Recapture Date.

 

Initially capitalized terms not otherwise defined herein shall have the same meaning as set forth in the Agreement.

 

IN WITNESS HEREOF, the parties hereto have caused this AMENDMENT NO. 2 TO AUTOMATIC ANNUITY REINSURANCE AGREEMENT to be executed by their respective duly authorized officers as of the date first above written.

 

ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK

 

By

 

 

 

 

 

Title

 

 

 

 

ALLSTATE LIFE INSURANCE COMPANY

 

By

 

 

 

 

 

Title

 

 

 


 

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