<PAGE>
AS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION ON DECEMBER 31, 1996
FILE NO.: 33-35445
- --------------------------------------------------------------------------------
- --------------------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
------------------------
FORM N-4
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933
POST-EFFECTIVE AMENDMENT NO. 10 /X/
AND/OR
REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940
AMENDMENT NO. 11 /X/
------------------------
ALLSTATE LIFE OF NEW YORK VARIABLE ANNUITY ACCOUNT II
(EXACT NAME OF REGISTRANT)
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
(NAME OF DEPOSITOR)
MICHAEL J. VELOTTA
VICE PRESIDENT, SECRETARY AND GENERAL COUNSEL
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
ONE ALLSTATE DRIVE
P.O. BOX 9095
FARMINGVILLE, NEW YORK 11738
516/451-5170
(NAME AND COMPLETE ADDRESS OF AGENT FOR SERVICE)
COPIES TO:
<TABLE>
<S> <C>
GREGOR B. MCCURDY, ESQ. CHRISTINE A. EDWARDS, ESQ.
ROUTIER AND JOHNSON, P.C. DEAN WITTER REYNOLDS, INC.
1700 K STREET, N.W. SUITE 1003 TWO WORLD TRADE CENTER
WASHINGTON, D.C. 20006 NEW YORK, NEW YORK 10048
</TABLE>
------------------------
Statement Pursuant to Rule 24f-2
Pursuant to Rule 24f-2 under the Investment Company Act of 1940, the
Registrant hereby states that, pursuant to paragraph(b)(1), it filed its Rule
24f-2 Notice for the fiscal year ending December 31, 1995 on February 28, 1996.
------------------------
IT IS PROPOSED THAT THIS FILING WILL BECOME EFFECTIVE
(CHECK APPROPRIATE BOX)
___ immediately upon filing pursuant to paragraph (b) of Rule 485
_X_ on (December 31, 1996) pursuant to paragraph (b) of Rule 485
___ 60 days after filing pursuant to paragraph (a)(i) of Rule 485
___ on (date) pursuant to paragraph (a)(i) of Rule 485
If appropriate, check the following box:
___ this post-effective amendment designates a new effective date for a
previously filed post-effective amendment
- --------------------------------------------------------------------------------
- --------------------------------------------------------------------------------
<PAGE>
CROSS REFERENCE SHEET
Showing Location in Part A (Prospectus) and Part B of Registration Statement of
Information Required by Form N-4
<TABLE>
<CAPTION>
ITEM OF FORM N-4
PROSPECTUS CAPTION
- -------------------- ----------------------------------------------
<S> <C> <C> <C> <C>
1. Cover Page.......................................................... Cover Page
2. Definitions......................................................... Glossary
3. Synopsis............................................................ Introduction; Summary of Separate Account
Expenses
4. Condensed Financials
(a) Chart....................................................
Condensed Financial Statements
(b) MM Yield.................................................
Not Applicable
(c) Location of Others.......................................
Previously Filed with Registration Statement
5. General
(a) Depositor................................................
Allstate Life Insurance Co. of New York
(b) Registrant...............................................
The Variable Account
(c) Portfolio Company........................................
Dean Witter Variable Investment Series
(d) Fund Prospectus..........................................
Dean Witter Variable Investment Series
(e) Voting Rights............................................
Voting Rights
(f) Administrators...........................................
Charges & Other Deductions
Contract Maintenance Charge
6. Deductions & Expenses............................................... Charges & Other Deductions
(a) General..................................................
Charges & Other Deductions
(b) Sales Load %.............................................
Early Withdrawal Charge
(c) Special Purchase Plans...................................
N/A
(d) Commissions..............................................
Sales Commission
(e) Expenses -- Registrant...................................
Charges & Other Deductions
(f) Fund Expenses............................................
Dean Witter Variable Investment Series
Expenses
(g) Organizational Expenses..................................
N/A
7. Contracts
(a) Persons with Rights......................................
The Contracts; Benefits; Income Payments;
Voting Rights; Assignments; Beneficiaries;
Contract Owners
(b) (i) Allocation of Purchase Payments............... Allocation of Purchase Payments
(ii) Transfers..................................... Transfers
(iii) Exchanges..................................... N/A
(c) Changes..................................................
Modification
(d) Inquiries................................................
Customer Inquiries
8. Annuity Period...................................................... Income Payments
(a) Material Factors.........................................
Amount of Variable Annuity Income Payments
(b) Dates....................................................
Payout Start Date
(c) Frequency, duration & level..............................
Amount of Variable Annuity Income Payments
(d) AIR......................................................
Amount of Variable Annuity Income Payments
(e) Minimum..................................................
Amount of Variable Annuity Income Payments
(f) -- Change Options........................................
Transfers
-- Transfer..............................................
--
9. Death Benefit....................................................... Death Benefits
</TABLE>
<PAGE>
<TABLE>
<CAPTION>
ITEM OF FORM N-4
PROSPECTUS CAPTION
- -------------------- ----------------------------------------------
<S> <C> <C> <C> <C>
10. Purchases & Contract Value
(a) Purchases................................................
Purchase of the Contract: Crediting of
Purchase Payments
(b) Valuation................................................
Value of Variable Account Accumulation Units
(c) Daily Calculation........................................
Value of Variable Account Accumulation Units;
Allocation of Purchase Payments
(d) Underwriter..............................................
Dean Witter Reynolds Inc.
11. Redemptions
(a) -- By Owners.............................................
Surrender & Withdrawals
(b) -- By Annuitant..........................................
Income Plans
(c) Texas ORP................................................
Not Applicable
(d) Lapse....................................................
Not Applicable
(e) Free Look................................................
Introduction
12. Taxes............................................................... Federal Tax Matters
13. Legal Proceedings................................................... N/A
14. SAI Contents........................................................ SAI Table of Contents
15. Cover Page.......................................................... Cover Page
16. Table of Contents................................................... Table of Contents
17. General Information & History
(a) Depositor's Name.........................................
Allstate Life Insurance Company of New York
(b) Assets of Sub-Account....................................
The Variable Account
(c) Control of Depositor.....................................
Allstate Life Insurance Company of New York
18. Services
(a) Fees & Expenses of Registrant............................
Contract Maintenance Charge
(b) Management Contracts.....................................
Contract Maintenance Charge; Sales Commissions
(c) Custodian................................................
SAI: Safekeeping of the Variable Account's
Assets
Independent Public Accountant............................
SAI: Experts
(d) Assets of Registrant.....................................
SAI: Safekeeping of the Variable Account
Assets
(e) Affiliated Persons.......................................
N/A
(f) Principal Underwriter....................................
Dean Witter Reynolds Inc.
19. Purchase of Securities Being Offered
(a) Offering.................................................
SAI: Purchase of Contracts
(b) Sales load...............................................
SAI: Sales Commissions
20. Underwriters
(a) Principal Underwriter....................................
SAI: Dean Witter Reynolds Inc.
(b) Continuous offering......................................
SAI: Purchase of Contracts
(c) Commissions..............................................
SAI: Sales Commissions; Dean Witter Reynolds
Inc.
(d) Unaffiliated Underwriters................................
N/A
21. Calculation of Performance Data..................................... SAI: Performance Data
22. Annuity Payments.................................................... SAI: Income Payments
23. Financial Statements
(a) Financial Statements of Registrant.......................
SAI: Allstate Life of New York Variable
Annuity Account II Financial Statements
(b) Financial Statements of Depositor........................
SAI: Allstate Life Insurance Company of New
York Financial Statements
24a. Financial Statements................................................ Part C. Financial Statements
</TABLE>
<PAGE>
<TABLE>
<CAPTION>
ITEM OF FORM N-4
PROSPECTUS CAPTION
- -------------------- ----------------------------------------------
<S> <C> <C> <C> <C>
24b. Exhibits............................................................ Part C. Exhibits
25. Directors and Officers.............................................. Part C. Directors & Officers of Depositor
26. Persons Controlled By or Under Common Control
with Depositor or Registrant........................................ Part C. Persons Controlled by or Under Common
Control with Depositor or Registrant
27. Number of Contract Owners........................................... Part C. Number of Contract Owners
28. Indemnification..................................................... Part C. Indemnification
29a. Relationship of Principal Underwriter to Other
Investment Companies................................................ Part C. Relationship of Principal Underwriter
to Other Investment Companies
29b. Principal Underwriters.............................................. Part C. Principal Underwriters
29c. Compensation of Underwriter......................................... Part C. Compensation of Dean Witter
30. Location of Accounts and Records.................................... Part C. Location of Accounts and Records
31. Management Services................................................. Part C. Management Services
32. Undertakings........................................................ Part C. Undertakings
</TABLE>
<PAGE>
ALLSTATE LIFE OF NEW YORK VARIABLE ANNUITY ACCOUNT II
of
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
One Allstate Drive
P.O. Box 9095
Farmingville, New York 11738
INDIVIDUAL VARIABLE ANNUITY CONTRACTS
Distributed By
Dean Witter Reynolds Inc.
Two World Trade Center
New York, New York 10048
-------------------
This Prospectus describes the individual Flexible Premium Deferred Variable
Annuity Contract ("Contract") offered by Allstate Life Insurance Company of New
York ("Company"), a wholly owned subsidiary of Allstate Insurance Company. Dean
Witter Reynolds Inc. ("Dean Witter") is the principal underwriter and
distributor of the Contracts.
The Contract has the flexibility to allow you to shape an annuity to fit your
particular needs. It is primarily designed to aid you in long-term financial
planning and can be used for retirement planning regardless of whether the plan
qualifies for special federal income tax treatment.
This Prospectus is a concise statement of the relevant information about the
Allstate Life of New York Variable Annuity Account II ("Variable Account") which
you should know before making a decision to purchase the Contract. This
Prospectus generally describes only the variable portion of the Contract. For a
brief summary of the fixed portion of the Contract, see "The Fixed Account" on
page 18.
The Variable Account invests exclusively in shares of the Dean Witter Variable
Investment Series (the "Fund"), a mutual fund managed by Dean Witter
InterCapital Inc., a wholly owned subsidiary of Dean Witter, Discover & Co.
The Company has prepared and filed a Statement of Additional Information dated
December 31, 1996 with the U.S. Securities and Exchange Commission. If you wish
to receive the Statement of Additional Information, you may obtain a free copy
by calling or writing the Company at the address below. For your convenience, an
order form for the Statement of Additional Information may be found on page 23
of this Prospectus. Before ordering, you may wish to review the Table of
Contents of the Statement of Additional Information on page 22 of this
Prospectus. The Statement of Additional Information has been incorporated by
reference into this Prospectus.
Allstate Life Insurance Company of New York
One Allstate Drive
P.O. Box 9095
Farmingville, New York 11738
(516) 451-5170
This Prospectus is Valid Only When Accompanied
or Preceded By A Current Prospectus For The
Dean Witter Variable Investment Series
THESE SECURITIES HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE SECURITIES AND
EXCHANGE COMMISSION, NOR HAS THE COMMISSION PASSED UPON THE ACCURACY
OR ADEQUACY OF THIS PROSPECTUS. ANY REPRESENTATION TO THE
CONTRARY IS A CRIMINAL OFFENSE.
PLEASE READ THIS PROSPECTUS CAREFULLY AND RETAIN IT FOR FUTURE REFERENCE
The Date of This Prospectus is December 31, 1996.
<PAGE>
The Contracts are available only in New York
THIS PROSPECTUS DOES NOT CONSTITUTE AN OFFERING IN ANY JURISDICTION IN WHICH
SUCH OFFERING MAY NOT LAWFULLY BE MADE. NO DEALER, SALESMAN, OR OTHER PERSON IS
AUTHORIZED TO GIVE ANY INFORMATION OR MAKE ANY REPRESENTATIONS IN CONNECTION
WITH THIS OFFERING OTHER THAN THOSE CONTAINED IN THIS PROSPECTUS, AND, IF GIVEN
OR MADE, SUCH OTHER INFORMATION OR REPRESENTATIONS MUST NOT BE RELIED UPON.
TABLE OF CONTENTS
Glossary.................................................... 3
Introduction................................................ 5
Summary of Separate Account Expenses........................ 7
Condensed Financial Information............................. 9
Performance Data............................................ 10
Financial Statements........................................ 10
Allstate Life Insurance Company of New York and the Variable
Account.................................................... 10
Allstate Life Insurance Company of New York............... 10
Dean Witter Reynolds Inc.................................. 10
The Variable Account...................................... 11
The Dean Witter Variable Investment Series................ 11
The Contracts............................................... 12
Purchase of the Contracts................................. 12
Crediting of Initial Purchase Payments.................... 12
Allocation of Purchase Payments........................... 12
Value of Variable Account Accumulation Units.............. 13
Transfers................................................. 13
Surrender and Withdrawals................................. 13
Default................................................... 14
Charges and Other Deductions................................ 14
Deductions from Purchase Payments......................... 14
Early Withdrawal Charge................................... 14
Contract Maintenance Charge............................... 15
Administrative Expense Charge............................. 15
Mortality and Expense Risk Charge......................... 15
Taxes..................................................... 15
Dean Witter Variable Investment Series Expenses........... 15
Benefits Under the Contract................................. 16
Death Benefits Prior to the Payout Start Date............. 16
Death Benefits After the Payout Start Date................ 16
Income Payments............................................. 17
Payout Start Date......................................... 17
Amount of Variable Annuity Income Payments................ 17
Income Plans.............................................. 17
The Fixed Account........................................... 18
General Description....................................... 18
Transfers, Surrenders, and Withdrawals.................... 18
General Matters............................................. 19
Owner..................................................... 19
Beneficiary............................................... 19
Delay of Payments......................................... 19
Assignments............................................... 19
Modification.............................................. 19
Customer Inquiries........................................ 19
Federal Tax Matters......................................... 19
Introduction.............................................. 19
Taxation of Annuities in General.......................... 20
Tax Deferral............................................ 20
Non-Natural Owners...................................... 20
Diversification Requirements............................ 20
Investor Control........................................ 20
Taxation of Partial and Full Withdrawals................ 20
Taxation of Annuity Payments............................ 20
Taxation of Annuity Death Benefits...................... 20
Penalty Tax on Premature Distributions.................. 20
Aggregation of Annuity Contracts........................ 20
Tax Qualified Contracts................................... 21
Restrictions Under Section 403(b) Plans................. 21
Income Tax Withholding.................................... 21
Voting Rights............................................... 21
Sales Commission............................................ 21
Statement of Additional Information: Table of Contents...... 22
Order Form.................................................. 23
2
<PAGE>
GLOSSARY
- -----------------------------------------------------------
ACCUMULATION UNIT--An accounting unit used to calculate the Cash Value in
the Variable Account prior to the Payout Start Date. Each Sub-Account of the
Variable Account has its own distinct Accumulation Unit value.
AGE--Age on last birthday.
ANNUITANT--Includes Annuitant and any Joint Annuitant. A natural person(s)
whose life determines the duration of annuity payments involving life
contingencies.
ANNUITY UNIT--An accounting unit used to calculate Variable Annuity
payments. Each Sub-Account has a distinct Annuity Unit value.
AUTOMATIC ADDITIONS--Additional Purchase Payments of $25 or more which are
made automatically from the Owner's bank account or Dean Witter Active
Assets-TM- Account.
BENEFICIARY--The person(s) designated in the Contract who, after the death
of any Owner, or last surviving Annuitant may elect to receive the Death Benefit
or continue the Contract as described in "Benefits Under the Contract" on page
16.
CASH VALUE--The sum of the value of all Accumulation Units for the Fixed
Account.
COMPANY--The issuer of the Contract, Allstate Life Insurance Company of New
York, which is an indirect wholly owned subsidiary of Allstate Insurance
Company.
CONTRACT--The Flexible Premium Deferred Variable Annuity Contract known as
the "Allstate Life of New York Variable Annuity Account II" that is described in
this prospectus.
CONTRACT ANNIVERSARY--An anniversary of the date that the Contract was
issued to the Owner.
CONTRACT YEAR--The year commencing on either the Issue Date or a Contract
Anniversary.
DATE OF DEATH--The Date that an Owner and/or Annuitant dies causing a Death
Benefit to be due.
DEATH BENEFIT--Prior to the Payout Start Date, the amount payable on the
death of the Owner or Annuitant.
DEATH BENEFIT ANNIVERSARY--Every sixth Contract Anniversary. For example,
the 6th, 12th and 18th Contract Anniversaries are the first three Death Benefit
Anniversaries.
DOLLAR COST AVERAGING--A method to transfer $100 or more of the Cash Value
in the Money Market Sub-Account automatically to the other Sub-Accounts on a
monthly basis or other frequencies that may be offered by the Company.
DUE PROOF OF DEATH--One of the following:
(a) A copy of a certified death certificate.
(b) A copy of a certified decree of a court of competent jurisdiction as
to the finding of death.
(c) Any other proof satisfactory to the Company.
EARLY WITHDRAWAL CHARGE--The charge that may be assessed by the Company on
full or partial withdrawals of the Purchase Payments in excess of the Withdrawal
Amount Without Early Withdrawal Charge.
FIXED ACCOUNT--All of the assets of the Company that are not in separate
accounts. Contributions made to the Fixed Account are invested in the general
account of the Company.
FIXED ANNUITY--An annuity with payments having a guaranteed amount.
FUND--The Dean Witter Variable Investment Series.
GUARANTEE PERIOD--The period of time for which a credited rate on an
allocation or transfer to the Fixed Account is guaranteed.
INCOME PAYMENTS--A series of periodic annuity payments made by the Company
to the Owner or Beneficiary.
INVESTMENT ALTERNATIVE--The Fixed Account and the thirteen Sub-Accounts of
the Variable Account constitute the fourteen Investment Alternatives.
JOINT ANNUITANT--The person, along with the Annuitant, whose life determines
the duration of annuity payments under a joint and last survivor annuity.
3
<PAGE>
NET INVESTMENT FACTOR--The factor for a particular Sub-Account used to
determine the value of an Accumulation Unit and Annuity Unit in any Valuation
Period.
NON-QUALIFIED CONTRACTS--Contracts that do not qualify for special federal
income tax treatment.
OWNER--The person or persons designated as the Owner(s) in the Contract.
PAYOUT START DATE--The date Income Payments are to begin under the Contract.
PORTFOLIOS--The mutual fund portfolios of The Dean Witter Variable
Investment Series. The Dean Witter Variable Investment Series has thirteen
separate portfolios: the Money Market Portfolio, the Quality Income Plus
Portfolio, the High Yield Portfolio, the Utilities Portfolio, the Income Builder
Portfolio, the Dividend Growth Portfolio, the Capital Growth Portfolio, the
Global Dividend Growth Portfolio, the European Growth Portfolio, the Pacific
Growth Portfolio, the Capital Appreciation Portfolio, the Equity Portfolio and
the Strategist Portfolio.
PURCHASE PAYMENTS--The premiums paid by the Owner to the Company.
QUALIFIED CONTRACTS--Contracts issued under plans that qualify for special
federal income tax treatment.
REQUIRED MINIMUM DISTRIBUTION--For Qualified Contracts, partial withdrawals
equal to the IRS Required Minimum Distribution may be taken from the Cash Value
and sent to the Owner or deposited in the Owner's bank account or Dean Witter
Active Assets-TM- Account.
SETTLEMENT VALUE--The Cash Value less any applicable Early Withdrawal
Charges and premium tax. The Settlement Value will be calculated at the end of
the valuation period coinciding with a request for payment.
SUB-ACCOUNT--A sub-division of the Variable Account. Each Sub-Account
invests exclusively in shares of a specified Portfolio.
SYSTEMATIC WITHDRAWALS--Partial withdrawals of $100 or more may be taken
from the Cash Value and sent to the Owner or deposited in the Owner's bank
account or Dean Witter Active Assets-TM- Account or sent directly to the Owner.
VALUATION DATE--Each day that the New York Stock Exchange is open for
business, except for days in which there is an insufficient degree of trading in
the Variable Account's portfolio securities that the value of Accumulation or
Annuity Units might not be materially affected by changes in the value of the
portfolio securities. The Valuation Date does not include such Federal and
non-Federal holidays as are observed by the New York Stock Exchange.
VALUATION PERIOD--The period between successive Valuation Dates, commencing
at the close of business of each Valuation Date and ending at the close of
business of the next succeeding Valuation Date.
VARIABLE ACCOUNT--Allstate Life of New York Variable Annuity Account II, a
separate investment account established by the Company to receive and invest the
Purchase Payments paid under the Contracts.
VARIABLE ANNUITY--An annuity with payments that have no predetermined or
guaranteed dollar amounts. The payments will vary in amounts depending upon the
investment experience of one or more of the Portfolios.
WITHDRAWAL AMOUNT WITHOUT EARLY WITHDRAWAL CHARGE--A portion of the Cash
Value which may be withdrawn during the course of the Contract year without
incurring an Early Withdrawal Charge, i.e., 15% of all Purchase Payments made.
4
<PAGE>
INTRODUCTION
- -----------------------------------------------------------
1. What is the purpose of the Contract?
The Contracts described in this Prospectus seek to allow you to accumulate
funds and to receive annuity payments ("Income Payments"), when desired, at
rates which depend upon the return achieved from the types of investment chosen.
THERE IS NO ASSURANCE THAT THIS GOAL WILL BE ACHIEVED. In attempting to achieve
this goal, the Owner can allocate Purchase Payments to one or more of the
Variable Account Portfolios.
Because Income Payments and Cash Values invested in the Variable Account depend
on the investment experience of the selected Portfolios, the Owner bears the
entire investment risk for amounts allocated to the Variable Account. See "Value
of Variable Account Accumulation Units," page 13 and "Amount of Variable Annuity
Income Payments," page 17.
2. How do I purchase a Contract?
You may purchase the Contract from Dean Witter, the Company's authorized
sales representative. The first Purchase Payment must be at least $4,000 (for
Qualified Contracts, $1,000). Presently, the Company will accept an initial
Purchase Payment of at least $1,000, but reserves the right to increase the
minimum initial Purchase Payment amount to $4,000. See "Purchase of the
Contracts," page 12.
On your application, you will allocate your Purchase Payment among the
Investment Alternatives. All allocations must be in whole percents from 0% to
100% and must total 100%. Purchase payments may be allocated in amounts of no
less than $100. Allocations may be changed by notifying the Company in writing.
See "Allocation of Purchase Payments," page 14.
3. What types of investments underlie the Variable Account?
The Variable Account invests exclusively in shares of the Dean Witter
Variable Investment Series (the "Fund"), a mutual fund managed by Dean Witter
InterCapital Inc. a wholly owned subsidiary of Dean Witter, Discover & Co. The
Fund has thirteen Portfolios: the Money Market Portfolio, the Quality Income
Plus Portfolio, the High Yield Portfolio, the Utilities Portfolio, the Income
Builder Portfolio, the Dividend Growth Portfolio, the Capital Growth Portfolio,
the Global Dividend Growth Portfolio, the European Growth Portfolio, the Pacific
Growth Portfolio, the Capital Appreciation Portfolio, the Equity Portfolio and
the Strategists Portfolio. The assets of each Portfolio are held separately from
the other Portfolios and each has distinct investment objectives and policies
which are described in the accompanying Prospectus for the Fund. In addition to
the Variable Account, Owners can also allocate all or part of their Purchase
Payments to the Fixed Account. See "The Fixed Account" on page 18.
4. Can I transfer amounts among the Investment Alternatives?
Transfers must be at least $100 or the entire amount in the Investment
Alternative, whichever is less. Transfers to any Guarantee Period of the Fixed
Account must be at least $500. Dollar Cost Averaging automatically moves funds
on a monthly basis (or other frequencies that may be offered by the Company)
from the Money Market Sub-Account to other Sub-Accounts of your choice. Certain
transfers may be restricted. See "Transfers," page 13.
5. Can I get my money if I need it?
All or part of the Cash Value can be withdrawn before the earliest of the
Payout Start Date, the death of any Owner or the death of the last surviving
Annuitant. No Early Withdrawal Charges will be deducted on amounts up to the
annual Withdrawal Amount Without Early Withdrawal Charge, i.e., 15% of all
Purchase Payments made. Amounts withdrawn in excess of the Withdrawal Amount
Without Early Withdrawal Charge may be subject to an Early Withdrawal Charge of
0% to 6% depending on how long the withdrawn Purchase Payments have been
invested in the Contract. THE COMPANY GUARANTEES THAT THE AGGREGATE EARLY
WITHDRAWAL CHARGES WILL NEVER EXCEED 6% OF THE PURCHASE PAYMENTS. Withdrawals
and surrenders may be subject to income tax and a 10% tax penalty. In addition,
federal and state income tax may be withheld from withdrawal and surrender
amounts. Additional restrictions may apply to Qualified Contracts. See
"Surrender and Withdrawals," page 13, and "Taxation of Annuities in General,"
page 20.
6. What are the charges and deductions under the Contract?
To meet its Death Benefit obligations and to pay expenses not covered by the
Contract Maintenance Charge, the Company deducts a Mortality and Expense Risk
Charge of 1.25% and an Administrative Expense Charge of .10%. See "Mortality and
Expense Risk Charge,"
5
<PAGE>
page 15 and "Administrative Expense Charge," page 15. Annually, the Company
deducts $30 for maintaining the Contract. See "Contract Maintenance Charge,"
page 15. The Company may also deduct Early Withdrawal Charges. See "Early
Withdrawal Charge," page 14. Additional deductions may be made for certain
taxes. See "Taxes," page 15.
7. Does the Contract pay any guaranteed Death Benefits?
The Contracts provide that if the Owner(s) or the last surviving Annuitant
dies prior to the Payout Start Date, a Death Benefit may be paid to the new
Owner or Beneficiary. If requested to be paid in a lump sum within 180 days from
the Date of Death, the Death Benefit will be the greatest of (1) the sum of all
Purchase Payments less any amounts deducted in connection with partial
withdrawals including any Early Withdrawal Charges and premium tax; or (2) the
Cash Value on the date we receive Due Proof of Death; or (3) the Cash Value on
the most recent Death Benefit Anniversary less any amounts deducted in
connection with partial withdrawals, including any Early Withdrawal Charges and
premium tax deducted from the Cash Value, since that anniversary. See "Death
Benefits Prior to the Payout Start Date," page 16, for a full description of
Death Benefit options.
Prior to the Payout Start Date the Beneficiary has 180 days from the Date of
Death of the Owner(s) or Annuitant(s) to either elect an income plan or to take
a lump sum payment. Death Benefits after the Payout Start Date, if any, will
depend on the income plan chosen. See "Benefits Under the Contract" page 16.
8. Is there a free-look provision?
The Owner(s) may cancel the Contract anytime within 10 days after receipt of
the Contract and receive a full refund of Purchase Payments allocated to the
Fixed Account. Unless a refund of Purchase Payments is required by State or
Federal law, Purchase Payments allocated to the Variable Account will be
returned after an adjustment to reflect investment gain or loss, less any
applicable Contract expenses, that occurred from the date of allocation through
the date of cancellation.
6
<PAGE>
SUMMARY OF SEPARATE ACCOUNT EXPENSES
- -----------------------------------------------------------
The following fee table illustrates all expenses and fees that the Owner will
incur. The expenses and fees set forth in the table are based on charges under
the Contracts and on the expenses of the separate account and the underlying
fund for the fiscal year ended December 31, 1995.
Owner Transaction Expenses (all Sub-Accounts)
<TABLE>
<S> <C>
Sales Load Imposed on Purchases (as a percentage of Purchase Payments).............................. None
Early Withdrawal Charge (as a percentage of Purchase Payments)*
</TABLE>
<TABLE>
<CAPTION>
APPLICABLE SALES
CHARGE
NUMBER OF COMPLETE CONTRACT YEARS SINCE PURCHASE PAYMENT BEING WITHDRAWN WAS MADE PERCENTAGE
- -------------------------------------------------------------------------------------------------------------- ----------------
<S> <C>
0 years....................................................................................................... 6%
1 year........................................................................................................ 5%
2 years....................................................................................................... 4%
3 years....................................................................................................... 3%
4 years....................................................................................................... 2%
5 years....................................................................................................... 1%
6 years or more............................................................................................... 0%
</TABLE>
<TABLE>
<S> <C>
Exchange Fee........................................................................................ None
Annual Contract Fee................................................................................. $ 30
</TABLE>
Separate Account Annual Expenses (as a percentage of average account value)
<TABLE>
<S> <C>
Mortality and Expense Risk Charge................................................................... 1.25%
Administrative Expense Charge....................................................................... .10%
Total Separate Account Annual Expenses.............................................................. 1.35%
</TABLE>
- ------------------------
* There are no Early Withdrawal Charges on amounts up to the Withdrawal Amount
Without Early Withdrawal Charge.
Dean Witter Variable Investment Series ("Fund") Expenses
(as a percentage of Fund average assets)
<TABLE>
<CAPTION>
MANAGEMENT OTHER
PORTFOLIO FEES EXPENSES**
- ----------------------------------------------------------------------------------------- -------------- -------------
<S> <C> <C>
Money Market............................................................................. .50% .03%
Quality Income Plus...................................................................... .50%(1) .04%
High Yield............................................................................... .50% .04%
Utilities................................................................................ .65%(2) .03%
Income Builder (5)....................................................................... .75% .07%
Dividend Growth.......................................................................... .59%(3) .02%
Capital Growth........................................................................... .65% .09%
Global Dividend Growth................................................................... .75% .13%
European Growth.......................................................................... 1.00% .17%
Pacific Growth........................................................................... 1.00% .44%
Capital Appreciation (5)................................................................. .75% .07%
Equity................................................................................... .50%(4) .04%
Strategist............................................................................... .50% .02%
<CAPTION>
TOTAL FUND
PORTFOLIO ANNUAL EXPENSES
- ----------------------------------------------------------------------------------------- ---------------
<S> <C>
Money Market............................................................................. .53%
Quality Income Plus...................................................................... .54%
High Yield............................................................................... .54%
Utilities................................................................................ .68%
Income Builder (5)....................................................................... .82%
Dividend Growth.......................................................................... .61%
Capital Growth........................................................................... .74%
Global Dividend Growth................................................................... .88%
European Growth.......................................................................... 1.17%
Pacific Growth........................................................................... 1.44%
Capital Appreciation (5)................................................................. .82%
Equity................................................................................... .54%
Strategist............................................................................... .52%
</TABLE>
- ------------------------
** For the year ended December 31, 1995.
(1) This percentage is applicable to Portfolio net assets of up to $500 million.
For net assets which exceed $500 million, the management fee will be 0.45%.
(2) This percentage is applicable to Portfolio net asets of up to $500 million.
For net assets which exceed $500 million, the management fee will be 0.55%.
(3) The management fee will be 0.625% for net assets of up to $500 million. For
net assets which exceed $500 million, but do not exceed $1 billion, the
management fee will be 0.50% and for net assets that exceed $1 billion, the
management fee will be 0.475%.
7
<PAGE>
(4) This percentage is applicable to Portfolio net assets of up to $1 billion.
For net assets which exceed $1 billion, the management fee will be 0.475%.
(5) The Income Builder Portfolio and the Capital Appreciation Portfolio are
anticipated to commence operations on January 21, 1997. Dean Witter
InterCapital Inc. has undertaken to assume all expenses for both the Income
Builder Portfolio and the Capital Appreciation Portfolio until such time as
the pertinent Portfolio has $50 million of net assets or until six months
from the date of the portfolio's commencement of operations, whichever
occurs first.
Example
You (the Owner) would pay the following expenses on a $1,000 investment,
assuming a 5% annual return under the following circumstances:
If you surrender your Contract at the end of the applicable time period (or if
you annuitize for a specified period of less than 120 months):
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS 10 YEARS
----- ----------- ----------- -----------
<S> <C> <C> <C> <C>
Money Market Sub-Account............................................ $ 63 $ 87 $ 114 $ 228
Quality Income Plus Sub-Account..................................... $ 63 $ 88 $ 115 $ 229
High Yield Sub-Account.............................................. $ 63 $ 88 $ 115 $ 229
Utilities Sub-Account............................................... $ 64 $ 92 $ 122 $ 244
Income Builder Sub-Account.......................................... $ 65 $ 96 $ 130 $ 259
Dividend Growth Sub-Account......................................... $ 63 $ 90 $ 119 $ 237
Capital Growth Sub-Account.......................................... $ 65 $ 94 $ 125 $ 251
Global Dividend Growth Sub-Account.................................. $ 66 $ 98 $ 133 $ 265
European Growth Sub-Account......................................... $ 69 $ 107 $ 148 $ 295
Pacific Growth Sub-Account.......................................... $ 72 $ 115 $ 161 $ 321
Capital Appreciation Sub-Account.................................... $ 65 $ 96 $ 130 $ 259
Equity Sub-Account.................................................. $ 63 $ 88 $ 115 $ 229
Strategist Sub-Account.............................................. $ 62 $ 87 $ 114 $ 227
</TABLE>
If you do not surrender your Contract or if you annuitize* for a specified
period of 120 months or more, at the end of the applicable time period:
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS 10 YEARS
----- ----------- ----------- -----------
<S> <C> <C> <C> <C>
Money Market Sub-Account............................................. $ 20 $ 62 $ 106 $ 228
Quality Income Plus Sub-Account...................................... $ 20 $ 62 $ 106 $ 229
High Yield Sub-Account............................................... $ 20 $ 62 $ 106 $ 229
Utilities Sub-Account................................................ $ 22 $ 66 $ 114 $ 244
Income Builder Sub-Account........................................... $ 23 $ 71 $ 121 $ 259
Dividend Growth Sub-Account.......................................... $ 21 $ 64 $ 110 $ 237
Capital Growth Sub-Account........................................... $ 22 $ 68 $ 117 $ 251
Global Dividend Growth Sub-Account................................... $ 24 $ 73 $ 124 $ 265
European Growth Sub-Account.......................................... $ 27 $ 82 $ 139 $ 295
Pacific Growth Sub-Account........................................... $ 29 $ 90 $ 153 $ 321
Capital Appreciation Sub-Account..................................... $ 23 $ 71 $ 121 $ 259
Equity Sub-Account................................................... $ 20 $ 62 $ 106 $ 229
Strategist Sub-Account............................................... $ 20 $ 61 $ 105 $ 227
</TABLE>
The above example should not be considered a representation of past or future
expense or performance. Actual expenses of a Sub-Account may be greater or
lesser than those shown. The purpose of the example is to assist you in
understanding the various costs and expenses that you will bear directly or
indirectly.
- ------------------------
* Early Withdrawal Charges may be deducted from the Cash Value before it is
applied to an income plan with a specified period of less than 120 months.
8
<PAGE>
CONDENSED FINANCIAL INFORMATION
- -----------------------------------------------------------
<TABLE>
<CAPTION>
Accumulation Unit Values and Number
of Accumulation Units Outstanding for
Each Sub-Account since Inception*
FOR THE YEARS BEGINNING
JANUARY 1 AND ENDING DECEMBER 31,
-----------------------------------------------------
1991 1992 1993 1994 1995
--------- --------- --------- --------- ---------
<S> <C> <C> <C> <C> <C>
MONEY MARKET SUB-ACCOUNT
Accumulation Unit Value, Beginning of Period............................... $10.452 $10.549 $10.765 $10.913 $11.178
Accumulation Unit Value, End of Period..................................... $10.549 $10.765 $10.913 $11.178 $11.653
Number of Units Outstanding, End of Period................................. 70,118 402,184 396,727 1,084,005 975,338
QUALITY INCOME PLUS SUB-ACCOUNT
Accumulation Unit Value, Beginning of Period............................... $11.509 $12.163 $12.993 $14.487 $13.344
Accumulation Unit Value, End of Period..................................... $12.163 $12.993 $14.487 $13.344 $16.373
Number of Units Outstanding, End of Period................................. 64,174 524,450 2,173,013 2,144,417 2,100,915
HIGH YIELD SUB-ACCOUNT
Accumulation Unit Value, Beginning of Period............................... $13.028 $13.982 $16.336 $20.022 $19.264
Accumulation Unit Value, End of Period..................................... $13.982 $16.336 $20.022 $19.264 $21.859
Number of Units Outstanding, End of Period................................. 1,622 15,225 159,150 239,258 323,251
UTILITIES SUB-ACCOUNT
Accumulation Unit Value, Beginning of Period............................... $11.382 $12.454 $13.840 $15.798 $14.180
Accumulation Unit Value, End of Period..................................... $12.454 $13.840 $15.798 $14.180 $17.999
Number of Units Outstanding, End of Period................................. 36,552 404,297 1,563,593 1,409,729 1,361,709
INCOME BUILDER SUB-ACCOUNT
Accumulation Unit Value, Beginning of Period............................... -- -- -- -- --
Accumulation Unit Value, End of Period..................................... -- -- -- -- --
Number of Units Outstanding, End of Period................................. -- -- -- -- --
DIVIDEND GROWTH SUB-ACCOUNT
Accumulation Unit Value, Beginning of Period............................... $13.135 $13.911 $14.844 $16.746 $15.981
Accumulation Unit Value, End of Period..................................... $13.911 $14.844 $16.746 $15.981 $21.505
Number of Units Outstanding, End of Period................................. 78,758 512,298 1,676,673 2,186,642 2,355,001
CAPITAL GROWTH SUB-ACCOUNT
Accumulation Unit Value, Beginning of Period............................... $10.930 $12.697 $12.731 $11.682 $11.379
Accumulation Unit Value, End of Period..................................... $12.697 $12.731 $11.682 $11.379 $14.923
Number of Units Outstanding, End of Period................................. 26,084 143,626 231,320 227,347 218,192
GLOBAL DIVIDEND GROWTH SUB-ACCOUNT -- -- --
Accumulation Unit Value, Beginning of Period............................... -- -- -- $10.000 $9.912
Accumulation Unit Value, End of Period..................................... -- -- -- $9.912 $11.935
Number of Units Outstanding, End of Period................................. -- -- -- 676,049 839,928
EUROPEAN GROWTH SUB-ACCOUNT
Accumulation Unit Value, Beginning of Period............................... $9.805 $10.020 $10.280 $14.290 $15.278
Accumulation Unit Value, End of Period..................................... $10.020 $10.280 $14.290 $15.278 $18.976
Number of Units Outstanding, End of Period................................. 3,234 54,287 291,085 549,696 576,522
PACIFIC GROWTH SUB-ACCOUNT -- -- --
Accumulation Unit Value, Beginning of Period............................... -- -- -- $10.000 $9.221
Accumulation Unit Value, End of Period..................................... -- -- -- $9.221 $9.619
Number of Units Outstanding, End of Period................................. -- -- -- 426,544 578,970
CAPITAL APPRECIATION SUB-ACCOUNT
Accumulation Unit Value, Beginning of Period............................... -- -- -- -- --
Accumulation Unit Value, End of Period..................................... -- -- -- -- --
Number of Units Outstanding, End of Period................................. -- -- -- -- --
EQUITY SUB-ACCOUNT
Accumulation Unit Value, Beginning of Period............................... $14.658 $16.799 $16.599 $19.604 $18.392
Accumulation Unit Value, End of Period..................................... $16.799 $16.599 $19.604 $18.392 $25.864
Number of Units Outstanding, End of Period................................. 9,016 63,933 346,339 515,289 593,398
STRATEGIST SUB-ACCOUNT
Accumulation Unit Value, Beginning of Period............................... $12.437 $13.266 $14.035 $15.286 $15.675
Accumulation Unit Value, End of Period..................................... $13.266 $14.035 $15.286 $15.675 $16.919
Number of Units Outstanding, End of Period................................. 14,159 547,208 1,529,877 1,862,227 1,739,991
</TABLE>
- ------------------------------
* All Sub-Accounts commenced operations on September 24, 1991, except for the
Income Builder, Global Dividend Growth, Pacific Growth Sub-Accounts and
Capital Appreciation. The Global Dividend Growth and Pacific Growth
Sub-Accounts commenced operations on February 23, 1994. The Income Builder
and the Capital Appreciation Sub-Accounts are anticipated to commence
operations on January 21, 1997 and are anticipated to have Accumulation Unit
Values initially set at $10.000. The Accumulation Unit Value for each of
these Sub-Accounts was initially set at $10.000. The Accumulation Unit Values
in the this table reflect a Mortality and Expense Risk Charge of 1.25% and an
Administrative Expense Charge of .10%.
9
<PAGE>
PERFORMANCE DATA
- -----------------------------------------------------------
From time to time the Variable Account may publish advertisements containing
performance data relating to its Sub-Accounts. The performance data for the
Sub-Accounts (other than for the Money Market Sub-Account) will always be
accompanied by total return quotations for the most recent one, five and ten
year periods, or for a period from inception to date if the Sub-Account has not
been available for one of the prescribed periods. The total return quotations
for each period will be the average annual rates of return required for an
initial Purchase Payment of $1,000 to equal the amount Owners would receive on a
withdrawal of the Purchase Payment, after reflection of all recurring and
nonrecurring charges.
In addition, the Variable Account may advertise the total return over different
periods of time by means of aggregate, average, year-by-year or other types of
total return figures. Such calculations may or may not reflect the deduction of
some or all of the charges which may be imposed on the Contracts by the Variable
Account which, if reflected, would reduce the performance quoted. The Variable
Account from time to time may also advertise Accounts relative to indexes
compiled by independent organizations.
Performance figures used by the Variable Account are based on actual historical
performance of its Sub-Accounts for specified periods, and the figures are not
intended to indicate future performance. More detailed information on the
computation is set forth in the Statement of Additional Information.
FINANCIAL STATEMENTS
- -----------------------------------------------------------
The financial statements of Allstate Life Insurance Company of New York and the
Allstate Life of New York Variable Annuity Account II may be found in the
Statement of Additional Information, which is incorporated by reference into
this Prospectus and which is available upon request. (See Order Form on page
23.)
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
AND THE VARIABLE ACCOUNT
- -----------------------------------------------------------
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
The Company is the issuer of the Contract. Incorporated in 1967 as a stock life
insurance company under the laws of New York, the Allstate Life Insurance
Company of New York ("Company") has done business since 1984 as "Allstate Life
Insurance Company of New York". From 1967 to 1978 the Company was known as
"Financial Insurance Company" and from 1978 to 1984 the Company was known as "PM
Life Insurance Company". The Company sells annuities and individual life
insurance. The Company is currently licensed to operate in New York. The
Company's home office is located in Farmingville, New York.
The Company is an indirect wholly owned subsidiary of Allstate Insurance Company
("Allstate") which is a stock insurance company incorporated under the laws of
Illinois. With the exception of directors' qualifying shares, all of the
outstanding capital stock of Allstate is owned by The Allstate Corporation
("Corporation"). In June 1995, Sears, Roebuck and Co. ("Sears") distributed in a
tax-free dividend to its stockholders its remaining 80.3% ownership in the
Corporation. As a result of the distribution, Sears no longer has an ownership
interest in the Corporation.
DEAN WITTER REYNOLDS INC.
Dean Witter Reynolds Inc. ("Dean Witter") is the principal underwriter of the
Contract. Dean Witter is a wholly owned subsidiary of Dean Witter, Discover &
Co. ("Dean Witter Discover"). Dean Witter is located at Two World Trade Center,
New York, New York, 10048. Dean Witter is a member of the New York Stock
Exchange and the National Association of Securities Dealers, Inc.
Dean Witter Discover's subsidiary, Dean Witter InterCapital Inc.
("InterCapital"), is the investment manager of the Dean Witter Variable
Investment Series. InterCapital is registered with the Securities and Exchange
Commission as an investment adviser. As
10
<PAGE>
compensation for investment management, the Fund pays InterCapital a monthly
advisory fee. These expenses are more fully described in the Fund's Prospectus
attached to this Prospectus.
THE VARIABLE ACCOUNT
Established on May 18, 1990, the Variable Account is a unit investment trust
registered with the Securities and Exchange Commission under the Investment
Company Act of 1940, but such registration does not signify that the Commission
supervises the management or investment practices or policies of the Variable
Account. The investment performance of the Variable Account is entirely
independent of both the investment performance of the Company's general account
and the performance of any other separate account.
The assets of the Variable Account are held separately from the other assets of
the Company. They are not chargeable with liabilities incurred in the Company's
other business operations. Accordingly, the income, capital gains and capital
losses, realized or unrealized, incurred on the assets of the Variable Account
are credited to or charged against the assets of the Variable Account, without
regard to the income, capital gains or capital losses arising out of any other
business the Company may conduct.
The Variable Account has been divided into thirteen Sub-Accounts, each of which
invests solely in its corresponding Portfolio of the Dean Witter Variable
Investment Series. Additional Sub-Accounts may be added at the discretion of the
Company.
THE DEAN WITTER VARIABLE INVESTMENT SERIES
The Variable Account will invest exclusively in the Dean Witter Variable
Investment Series (the "Fund"). Shares of the Fund are also offered to separate
accounts of the Company which fund other variable annuity and variable life
contracts. Shares of the Fund are also offered to separate accounts of a life
insurance company affiliated with the Company which fund variable annuity and
variable life contracts. Shares of the Fund may also be offered to separate
accounts of certain non-affiliated life insurance companies which fund variable
life insurance contracts. It is conceivable that in the future it may become
disadvantageous for both variable life and variable annuity contract separate
accounts to invest in the same underlying Fund. Although neither the Company nor
the Fund currently foresees any such disadvantage, the Fund's Board of Trustees
intends to monitor events in order to identify any material irreconcilable
conflict between the interests of variable annuity contract owners and variable
life contract owners and to determine what action, if any, should be taken in
response thereto.
Investors in the High Yield Portfolio should carefully consider the relative
risks of investing in high yield securities, which are commonly known as junk
bonds. Bonds of this type are considered to be speculative with regard to the
payment of interest and return of principal. Investors in the High Yield
Portfolio should also be cognizant of the fact that such securities are not
generally meant for short-term investing and should assess the risks associated
with an investment in the High Yield Portfolio.
Shares of the Portfolios of the Fund are not deposits, or obligations of, or
guaranteed or endorsed by any bank and the shares are not federally insured by
the Federal Deposit Insurance Corporation, the Federal Reserve Board or any
other agency.
The Fund has thirteen portfolios: the Money Market Portfolio, the Quality Income
Plus Portfolio, the High Yield Portfolio, the Utilities Portfolio, the Income
Builder Portfolio*, the Dividend Growth Portfolio, the Capital Growth Portfolio,
the Global Dividend Growth Portfolio, the European Growth Portfolio, the Pacific
Growth Portfolio, the Capital Appreciation Portfolio*, the Equity Portfolio and
the Strategist Portfolio. Each Portfolio has different investment objectives and
policies and operates as a separate investment fund.
The Money Market Portfolio seeks high current income, preservation of capital,
and liquidity by investing in certain money market instruments, principally U.S.
government securities, bank obligations, and high grade commercial paper.
The Quality Income Plus Portfolio seeks, as its primary objective, to earn a
high level of current income and, as a secondary objective, capital
appreciation, but only when consistent with its primary objective, by investing
primarily in debt securities issued by the U.S. Government, its agencies and
instrumentalities, including zero coupon securities and in fixed-income
securities rated A or higher by Moody's Investors Service, Inc. ("Moody's") or
Standard & Poor's Corporation ("Standard & Poor's") or non-rated securities of
comparable quality, and by writing covered call and put options against such
securities.
The High Yield Portfolio seeks as its objective, to earn a high level of current
income by investing in a professionally managed diversified portfolio consisting
principally of fixed-income securities rated Baa or lower by Moody's or BBB or
lower by Standard & Poor's or non-rated securities of comparable quality, which
are commonly known as junk bonds, and, as a secondary objective, capital
appreciation when consistent with its primary objective.
The Utilities Portfolio seeks to provide current income and long-term growth of
income and capital by investing primarily in equity and fixed-income securities
of companies engaged in the public utilities industry.
The Income Builder Portfolio seeks, as its primary objective, reasonable income
by investing primarily in common stock of large-cap companies which have a
record of paying dividends and the potential for maintaining dividends, in
preferred stock and in securities convertible into common stocks of small and
mid-cap companies and, as its secondary objective, growth of capital.
The Dividend Growth Portfolio seeks to provide reasonable current income and
long-term growth of income and capital by investing primarily in common stock of
companies with a record of paying dividends and the potential for increasing
dividends.
* These Portfolios are anticipated to commence operations on January 21, 1997.
11
<PAGE>
The Capital Growth Portfolio seeks to provide long-term capital growth by
investing principally in common stocks.
The Global Dividend Growth Portfolio seeks to provide reasonable current income
and long-term growth of income and capital by investing primarily in common
stock of companies, issued by issuers worldwide, with a record of paying
dividends and the potential for increasing dividends.
The European Growth Portfolio seeks to maximize the capital appreciation on its
investments by investing primarily in securities issued by issuers located in
Europe.
The Pacific Growth Portfolio seeks to maximize the capital appreciation of its
investments by investing primarily in securities issued by issuers located in
Asia, Australia and New Zealand.
The Capital Appreciation Portfolio seeks long-term capital appreciation by
investing primarily in common stocks of U.S. companies that offer the potential
for either superior earnings growth and/or appear to be undervalued.
The Equity Portfolio seeks, as its primary objective, growth of capital through
investments in common stock of companies believed by the Investment Manager to
have potential for superior growth and, as a secondary objective, income when
consistent with its primary objective.
The Strategist Portfolio seeks a high total investment return through a fully
managed investment policy utilizing equity securities, fixed-income securities
rated Baa or higher by Moody's or BBB or higher by Standard & Poor's (or
non-rated securities of comparable quality), and money market securities, and
the writing of covered options on such securities and the collateralized sale of
stock index options.
All dividends and capital gains distributions from the Portfolios are
automatically reinvested in shares of the distributing Portfolio at their net
asset value.
THERE IS NO ASSURANCE THAT ANY OF THE PORTFOLIOS WILL ATTAIN THEIR RESPECTIVE
STATED OBJECTIVES. Additional information concerning the investment objectives
and policies of the Portfolios can be found in the current prospectus for the
Fund accompanying this Prospectus.
THE PROSPECTUS OF THE FUND SHOULD BE READ CAREFULLY BEFORE ANY DECISION IS MADE
CONCERNING THE ALLOCATION OF PURCHASE PAYMENTS TO A PARTICULAR PORTFOLIO.
THE CONTRACTS
- -----------------------------------------------------------
PURCHASE OF THE CONTRACTS
The Contracts may be purchased through sales representatives of Dean Witter. The
first Purchase Payment must be at least $4,000 unless the Contract is a
Qualified Contract, in which case the first Purchase Payment must be at least
$1,000. Presently, the Company will accept an initial Purchase Payment of at
least $1,000, but reserves the right to increase the minimum initial Purchase
Payment amount to $4,000. All subsequent Purchase Payments must be $25 or more
and may be made at any time prior to the Payout Start Date. Additional Purchase
Payments may also be made from your bank account or your Dean Witter Active
Assets-TM- Account through Automatic Additions. Please consult with your Dean
Witter Account Executive for detailed information about Automatic Additions. The
Automatic Additions program is not available for Qualified Contracts issued
pursuant to a Dean Witter Custodial Account.
The Company reserves the right to underwrite or reject future additions.
CREDITING OF INITIAL PURCHASE PAYMENTS
A Purchase Payment accompanied by complete information will be credited to the
Contract within two business days of receipt by the Company at its home office.
If the information is not complete, the Company will credit the Purchase
Payments to the Contract within five business days or return it at that time
unless the applicant specifically consents to the Company holding the Purchase
Payment until the information is complete. The Company reserves the right to
reject any proposed purchase of the Contract. Subsequent Purchase Payments will
be credited to the Contract at the close of the Valuation Period in which the
Purchase Payment is received.
ALLOCATION OF PURCHASE PAYMENTS
On the application the Owner instructs the Company how to allocate the Purchase
Payment among the fourteen Investment Alternatives. Purchase Payments may be
allocated in whole percents, from 0% to 100%, to any Investment Alternative so
long as the total allocation equals 100%. Purchase Payments may also be
allocated in amounts of no less than $100. Unless the Owner notifies the Company
otherwise, subsequent Purchase Payments are allocated according to the original
instructions.
Each Purchase Payment will be credited to the Contract as Variable Account
Accumulation Units equal to the amount of the Purchase Payment allocated to each
Sub-Account divided by the Accumulation Unit value for that Sub-Account next
computed
12
<PAGE>
after the Purchase Payment is credited to the Contract. For example, if a
$10,000 Purchase Payment is credited to the Contract when the Accumulation Unit
value equals $10, then 1,000 Accumulation Units would be credited to the
Contract. The Variable Account, in turn, purchases shares of the corresponding
Portfolio (see "Value of Variable Account Accumulation Units," page 13).
For a brief summary of how Purchase Payments allocated to the Fixed Account are
credited to the Contract, see "The Fixed Account" on page 18.
VALUE OF VARIABLE ACCOUNT ACCUMULATION UNITS
The Accumulation Units in each Sub-Account of the Variable Account are valued
separately. The value of Accumulation Units may change each Valuation Period
according to the investment performance of the shares purchased by each
Sub-Account and the deduction of certain expenses and charges.
A Valuation Period is the period between successive Valuation Dates. It begins
at the close of business of each Valuation Date and ends at the close of
business of the next succeeding Valuation Date. A Valuation Date is each day
that the New York Stock Exchange is open for business except for any day in
which there is an insufficient degree of trading in the Variable Account's
portfolio securities that the value of Accumulation or Annuity Units might not
be materially affected by changes in the value of the portfolio securities.
Valuation Dates do not include such Federal and non-Federal holidays as are
observed by the New York Stock Exchange. The New York Stock Exchange currently
observes the following holidays: New Year's Day (January 1); President's Day
(the third Monday in February); Good Friday (the Friday before Easter); Memorial
Day (the last Monday in May); Independence Day (July 4); Labor Day (the first
Monday in September); Thanksgiving Day (the fourth Thursday in November); and
Christmas Day (December 25).
The value of an Accumulation Unit in a Sub-Account for any Valuation Period
equals the value of the Accumulation Unit as of the immediately preceding
Valuation Period, multiplied by the Net Investment Factor for that Sub-Account
for the current Valuation Period. The Net Investment Factor is a number
representing the change on successive Valuation Dates in value of Sub-Account
assets due to investment income, realized or unrealized capital gains or loss,
deductions for taxes, if any, and deductions for the Mortality and Expense Risk
Charge and Administrative Expense Charge.
TRANSFERS
Transfers must be at least $100 or the total amount in the Investment
Alternative, whichever is less. Transfers to any Guarantee Period of the Fixed
Account must be at least $500. Currently, there is no charge for transfers among
the fourteen Investment Alternatives. The Company, however, reserves the right
to assess a $25.00 charge on all transfers in excess of 12 per Contract Year.
The Company will notify Owners at least 30 days prior to imposing the transfer
charge.
Transfers out of any Sub-Account before the Payout Start Date may be made at any
time.
After the Payout Start Date, transfers among Sub-Accounts of the Variable
Account, or from the Variable Account to the Fixed Account may be made only once
every six months and may not be made during the first six months following the
Payout Start Date.
Transfers may be made pursuant to telephone instructions if the Owner authorizes
telephone transfers at the time of purchase, or subsequently on a form provided
by the Company. Telephone transfer requests will be accepted by the Company if
received at 516/451-5170 by 4:00 p.m., Eastern Time. Telephone transfer requests
received at any other telephone number or after 4:00 p.m., Eastern Time will not
be accepted by the Company. Telephone transfer requests received before 4:00
p.m., Eastern Time are effected at the next computed value. Otherwise, transfer
requests must be in writing, on a form provided by the Company.
Transfers may also be made automatically through Dollar Cost Averaging prior to
the Payout Start Date. Dollar Cost Averaging permits the Owner to transfer a
specified amount every month (or other frequencies that may be offered by the
Company) from the Money Market Sub-Account to any other Sub-Account. Transfers
made through Dollar Cost Averaging must be $100 or more. Dollar Cost Averaging
cannot be used to transfer amounts to the Fixed Account. Please consult with
your Dean Witter Account Executive for detailed information about Dollar Cost
Averaging.
Transfers from Sub-Accounts of the Variable Account will be made based on the
Accumulation Unit values next computed after the Company receives the transfer
request at its home office.
For transfers involving the Fixed Account, see page 18.
SURRENDER AND WITHDRAWALS
The Owner may withdraw all or part of the Cash Value at anytime prior to the
earlier of the death of the last surviving Annuitant, death of any Owner or the
Payout Start Date. The amount available for withdrawal is the Cash Value next
computed after the Company receives the request for a withdrawal at its home
office, less any Early Withdrawal Charges, Contract Maintenance Charges or any
remaining charge for premium taxes. Withdrawals from the Variable Account will
be paid within seven days of receipt of the request, subject to postponement in
certain circumstances. See "Delay of Payments," page 19. For withdrawals from
the Fixed Account, see page 18.
The minimum partial withdrawal is $100. If the Cash Value after a partial
withdrawal would be less than $500, then the Company will treat the request as
one for a total surrender of the Contract and the entire Cash Value, less any
charges and premium taxes, will be paid out.
Partial withdrawals may also be taken automatically through monthly Systematic
Withdrawals. Systematic Withdrawals of
13
<PAGE>
$100 or more may be requested at any time prior to the Payout Start Date. Please
consult with your Dean Witter Account Executive for detailed information about
Systematic Withdrawals.
For Qualified Contracts, the Company will, at the request of the Owner,
automatically calculate and withdraw the IRS Required Minimum Distribution.
Withdrawals taken to satisfy IRS Required Minimum Distribution rules will have
any applicable withdrawal charges waived. This waiver is permitted only for
withdrawals which satisfy distributions resulting from this Contract. Please
consult with your Dean Witter Account Executive for detailed information about
the Required Minimum Distribution program.
Withdrawals and surrenders may be subject to income tax and a 10% tax penalty.
This tax and penalty is explained in "Federal Tax Matters" on page 19.
The full Contract Maintenance Charge will be deducted at the time of total
surrender. The total amount paid at surrender may be more or less than the total
Purchase Payments due to prior withdrawals, any deductions, and investment
performance.
To complete the partial withdrawals, the Company will cancel Accumulation Units
in an amount equal to the withdrawal and any applicable Early Withdrawal Charge
and premium taxes. The Owner must name the Investment Alternative from which the
withdrawal is to be made. If none is named, then the withdrawal request is
incomplete and cannot be honored.
DEFAULT
So long as the Cash Value is not reduced to zero or a withdrawal does not reduce
it to less than $500, the Contract will stay in force until the Payout Start
Date even if no Purchase Payments are made after the first Purchase Payment.
CHARGES AND OTHER DEDUCTIONS
- -----------------------------------------------------------
DEDUCTIONS FROM PURCHASE PAYMENTS
No deductions are currently made from Purchase Payments. Therefore the full
amount of every Purchase Payment is invested in the Investment Alternative(s) to
increase the potential for investment gain.
EARLY WITHDRAWAL CHARGE (CONTINGENT DEFERRED SALES CHARGE)
The Owner may withdraw the Cash Value at any time before the earliest of the
Payout Start Date, the death of any Owner or the last surviving Annuitant's
death.
There are no Early Withdrawal Charges on amounts up to the Withdrawal Amount
Without Early Withdrawal Charge. A Withdrawal Amount Without Early Withdrawal
Charge will be available in each Contract Year. The annual Withdrawal Amount
Without Early Withdrawal Charge is 15% of all Purchase Payments. Amounts
withdrawn in excess of the Withdrawal Amount Without Early Withdrawal Charge,
may be subject to an Early Withdrawal Charge. Any Withdrawal Amount Without
Early Withdrawal Charge not withdrawn in a Contract Year does not increase the
Withdrawal Amount Without Early Withdrawal Charge in later Contract Years. Early
Withdrawal Charges, if applicable, will be deducted from the amount paid.
In certain cases, distributions required by federal tax law (see the Statement
of Additional Information for "IRS Required Distribution at Death Rules") may be
subject to an Early Withdrawal Charge. Early Withdrawal Charges may be deducted
from the Cash Value before it is applied to an Income Plan with a specified
period of less than 120 months.
Withdrawal Amounts Without Early Withdrawal Charge and other partial withdrawals
will be allocated on a first in, first out basis to Purchase Payments. For
purposes of calculating the amount of the Early Withdrawal Charge, withdrawals
are assumed to come from Purchase Payments first, beginning with the oldest
payment. Unless the Company is instructed otherwise, for partial withdrawals,
the Early Withdrawal Charge will be deducted from the amount paid, rather than
from the remaining Cash Value. Once all Purchase Payments have been withdrawn,
additional withdrawals will not be assessed an Early Withdrawal Charge.
Early Withdrawal Charges will be applied to amounts withdrawn in excess of a
Withdrawal Amount Without Early Withdrawal Charge as set forth below:
<TABLE>
<CAPTION>
COMPLETE CONTRACT APPLICABLE
YEARS SINCE PURCHASE WITHDRAWAL
PAYMENT BEING CHARGE
WITHDRAWN WAS MADE PERCENTAGE
- --------------------------------------------------- ------------
<S> <C>
0 years............................................ 6%
1 year............................................. 5%
2 years............................................ 4%
3 years............................................ 3%
4 years............................................ 2%
5 years............................................ 1%
6 years or more.................................... 0%
</TABLE>
14
<PAGE>
THE CUMULATIVE TOTAL OF ALL EARLY WITHDRAWAL CHARGES IS GUARANTEED NEVER TO
EXCEED 6% OF AN OWNER'S PURCHASE PAYMENTS.
Early Withdrawal Charges will be used to pay sales commissions and other
promotional or distribution expenses associated with the marketing of the
Contracts. The Company does not anticipate that the Early Withdrawal Charges
will cover all distribution expenses in connection with the Contract.
In addition, federal and state income tax may be withheld from withdrawal and
surrender amounts. Certain surrenders may also be subject to a federal tax
penalty. See "Federal Tax Matters," page 19.
CONTRACT MAINTENANCE CHARGE
A Contract Maintenance Charge is deducted annually from the Cash Value to
reimburse the Company for its actual costs in maintaining each Contract and the
Variable Account. THE COMPANY GUARANTEES THAT THE AMOUNT OF THIS CHARGE WILL NOT
EXCEED $30 PER CONTRACT YEAR OVER THE LIFE OF THE CONTRACT. Maintenance costs
include but are not limited to expenses incurred in billing and collecting
Purchase Payments; keeping records; processing death claims and cash surrenders;
policy changes and proxy statements; calculating Accumulation Unit and Annuity
Unit values; and issuing reports to Owners and regulatory agencies. The Company
does not expect to realize a profit from this charge.
On each Contract Anniversary, the Contract Maintenance Charge will be deducted
from the Investment Alternatives in the same proportion that the Owner's
interest in each bears to the total Cash Value. After the Payout Start Date, a
pro rata share of the annual Contract Maintenance Charge will be deducted from
each Income Payment. For example, 1/12 of the $30 or $2.50 will be deducted if
there are twelve Income Payments during the Contract Year. The Contract
Maintenance Charge will be deducted from the amount paid on a total surrender.
Prior to October 4, 1993, Vantage Computer Systems, Inc. was under contract with
the Company to provide Contract recordkeeping services. As of October 4, 1993,
the Company provides all Contract recordkeeping services.
ADMINISTRATIVE EXPENSE CHARGE
The Company will deduct an Administrative Expense Charge which is equal, on an
annual basis to .10% of the daily net assets in the Variable Account. This
charge is designed to cover actual administrative expenses which exceed the
revenues from the Contract Maintenance Charge. The Company does not intend to
profit from this charge. The Company reserves the right to increase this charge
in the future. The Company believes that the Administrative Expense Charge and
Contract Maintenance Charge have been set at a level that will recover no more
than the actual costs associated with administering the Contract. There is no
necessary relationship between the amount of administrative charge imposed on a
given Contract and the amount of expenses that may be attributable to that
Contract.
MORTALITY AND EXPENSE RISK CHARGE
A Mortality and Expense Risk Charge will be deducted daily at a rate equal on an
annual basis of 1.25% of the daily net assets in the Variable Account. The
Company estimates that .85% is attributed to the assumption of mortality risks
and .40% is attributed to the assumption of expense risks. THE COMPANY
GUARANTEES THAT THE AMOUNT OF THIS CHARGE WILL NOT INCREASE OVER THE LIFE OF THE
CONTRACT.
If the Mortality and Expense Risk Charge is insufficient to cover the Company's
mortality costs and excess expenses, the Company will bear the loss. If the
Charge is more than sufficient, the Company will retain the balance as profit.
The Company currently expects a profit from this charge. Any such profit, as
well as any other profit realized by the Company and held in its general
account, (which supports insurance and annuity obligations), would be available
for any proper corporate purpose, including, but not limited to, payment of
distribution expenses.
The mortality risk arises from the Company's guarantee to cover all death
benefits and to make Income Payments in accordance with the Income Payment
Tables, thus, relieving the Annuitants of the risk of outliving funds
accumulated for retirement.
The expense risk arises from the possibility that the Contract Maintenance and
Early Withdrawal Charges, both of which are guaranteed not to increase, will be
insufficient to cover actual administrative expenses.
TAXES
The Company will deduct state premium taxes or other taxes relative to the
Contract (collectively referred to as "premium taxes") either at the Payout
Start Date, or when a total withdrawal occurs. The Company reserves the right to
deduct premium taxes from the Purchase Payments. Currently, no deductions are
made because New York does not charge premium taxes on annuities.
At the Payout Start Date, the charge for premium taxes will be deducted from
each Investment Alternative in the proportion that the Owner's interest in the
Investment Alternative bears to the total Cash Value.
DEAN WITTER VARIABLE
INVESTMENT SERIES ("FUND")
EXPENSES
A complete description of the expenses and deductions from the Portfolios is
found in the Fund's prospectus which is attached to this prospectus.
15
<PAGE>
BENEFITS UNDER THE CONTRACT
- -----------------------------------------------------------
DEATH BENEFITS PRIOR TO THE PAYOUT START DATE
If any Owner or the last surviving Annuitant dies prior to the Payout Start
Date, and a Death Benefit is elected, it will be paid to the new Owner or
Beneficiary. If requested to be paid in a lump sum within 180 days from the Date
of Death, the Death Benefit will be the greatest of: (a) the sum of all Purchase
Payments less any amounts deducted in connection with partial withdrawals
including any applicable Early Withdrawal Charges or premium taxes; or (b) the
Cash Value on the date we receive Due Proof of Death, or (c) the Cash Value on
the most recent Death Benefit Anniversary less any amounts deducted in
connection with partial withdrawals, including any applicable Early Withdrawal
Charges and premium taxes deducted from the Cash Value since that anniversary.
The Death Benefit Anniversary is every sixth Contract Anniversary. For example,
the 6th, 12th and 18th Contract Anniversaries are the first three Death Benefit
Anniversaries.
The Company will not settle any death claim until it receives Due Proof of
Death. If an Owner dies prior to the Payout Start Date the new Owner will be the
surviving Owner, if any, otherwise the new Owner will be the Beneficiary.
Generally, this new Owner has the following options:
1. The new Owner may elect, within 180 days of the date of death, to
receive the Death Benefit in a lump sum;
2. The new Owner may elect, within 180 days of the date of death, to
receive the Settlement Value (the Settlement Value is the Cash Value less any
applicable Early Withdrawal Charges and premium tax on the date payment is
requested) payable within five years of the date of death.
3. The new Owner may elect to apply an amount equal to the Death Benefit to
one of the income plans. Payments must begin within one year of the date of
death and must be over the life of the new Owner, or a period not to exceed the
life expectancy of the new Owner.
4. If the new Owner is the spouse of the deceased Owner, the new Owner may
elect one of the above options or may continue the Contract.
If the new Owner who is not the spouse of the deceased Owner does not make one
of these elections, the Settlement Value will be paid in a lump sum to the new
Owner five years after the date of death.
If the new Owner is a non-natural person, then the new Owner must receive the
Death Benefit in a lump sum, and the options listed above are not available.
If any Annuitant dies who is not also an Owner, the Owner must elect an
applicable option listed below. If the option selected is 1(a) or 1(b)(ii)
below, the new Annuitant will be the youngest Owner, unless the Owner names a
different Annuitant.
1. If the Owner is a natural person:
a. The Owner may choose to continue the Contract as if the death had
not occurred; or
b. If the Company receives due proof of death within 180 days of the
date of the Annuitant's death, then the Owner may alternatively choose to:
i. Receive the Death Benefit in a lump sum; or
ii. Apply the Death Benefit to an income plan which must begin
within one year of the date of death and must be for a period equal to
or less than the life expectancy of the Owner.
2. If the Owner is a non-natural person: The Owner must receive the Death
Benefit in a lump sum.
The value of the Death Benefit will be determined at the end of the Valuation
Period during which the Company receives a complete request for payment of the
Death Benefit, which includes Due Proof of Death.
DEATH BENEFITS AFTER THE PAYOUT START DATE
If the Annuitant and Joint Annuitant, if applicable, die after the Payout Start
Date, the Company will pay the Death Benefit, if any, contained in the
particular income plan.
If an Owner, who is not the Annuitant, dies after the Payout Start Date,
payments will continue to be made under the particular income plan. The
Beneficiary will be the recipient of such payments.
16
<PAGE>
INCOME PAYMENTS
- -----------------------------------------------------------
PAYOUT START DATE
The Payout Start Date is the day that Income Payments will start under the
Contract. The Owner may change the Payout Start Date at any time by notifying
the Company in writing of the change at least 30 days before the current Payout
Start Date. The Payout Start Date must be (a) at least a month after the Issue
Date; (b) the first day of a calendar month; and (c) no later than the first day
of the calendar month after the Annuitant reaches age 85, or the 10th
anniversary date, if later.
Unless the Owner notifies the Company in writing otherwise, the Payout Start
Date will be the later of the first day of the calendar month after the
Annuitant reaches age 85 or the 10th anniversary date.
AMOUNT OF VARIABLE ANNUITY INCOME PAYMENTS
The amount of Variable Annuity Income Payments depends upon the investment
experience of the Portfolios selected by the Owner, any premium taxes, the age
and sex of the Annuitant(s), and the income plan chosen. The Company guarantees
that the Income Payments will not be affected by (1) actual mortality experience
and (2) the amount of the Company's administration expenses.
The Contracts offered by this Prospectus contain life annuity tables that
provide for different benefit payments to men and women of the same age.
Nevertheless, in accordance with the U.S. Supreme Court's decision in ARIZONA
GOVERNING COMMITTEE V. NORRIS, in certain employment-related situations, annuity
tables that do not vary on the basis of sex may be used. Accordingly, if the
Contract is to be used in connection with an employment-related retirement or
benefit plan, consideration should be given, in consultation with legal counsel,
to the impact of NORRIS on any such plan before making any contributions under
these Contracts. For qualified plans, where it is appropriate, a unisex
endorsement is available.
The sum of Income Payments made may be more or less than the total Purchase
Payments made because (a) Variable Annuity Income Payments vary with the
investment results of the underlying Portfolios; (b) the Owner bears the
investment risk with respect to all amounts allocated to the Variable Account;
(c) Annuitants may die before the actuarially expected Date of Death, and (d)
Early Withdrawal Charges may be applicable. As such, the total amount of Income
Payments cannot be predicted.
The duration of the income plan may affect the dollar amounts of each Income
Payment. For example, if an income plan guaranteed for life is chosen, the
Income Payments may be greater or lesser than Income Payments under an income
plan for a specified period depending on the life expectancy of the Annuitant.
If the actual net investment experience is less than the assumed investment
rate, then the dollar amount of the Income Payments will decrease. The dollar
amount of the Income Payments will stay level if the net investment experience
equals the assumed investment rate and the dollar amount of the Income Payments
will increase if the net investment experience exceeds the assumed investment
rate. For purposes of the Variable Annuity Income Payments, the assumed
investment rate is found in the Contract.
If no payments have been received for three full years and if the Cash Value to
be applied to an income plan is less than $2,000, or if the monthly payments
determined under the Income Plan are less than $20, the Company may pay the Cash
Value in a lump sum or change the payment frequency to an interval which results
in Income Payments of at least $20.
INCOME PLANS
The Owner may elect a completely Fixed Annuity, a completely Variable Annuity or
a combination Fixed and Variable Annuity. Up to 30 days before the Payout Start
Date, the Owner may change the income plan or request any other form of income
plan agreeable to both the Company and the Owner. Subsequent changes will not be
permitted. If an income plan is chosen which depends on the Annuitant or Joint
Annuitant's life, proof of age will be required before Income Payments begin.
Premium taxes may be assessed. The income plans include:
INCOME PLAN 1--LIFE WITH PAYMENTS GUARANTEED FOR 120 MONTHS
Monthly payments will be made for as long as the Annuitant lives. If the
Annuitant dies before 120 monthly payments have been made, the remainder of the
120 guaranteed monthly payments will be paid to the Owner, or if deceased, to
the surviving Beneficiary.
INCOME PLAN 2--JOINT AND LAST SURVIVOR
Monthly payments beginning on the Payout Start Date will be made for as long as
either the Annuitant or Joint Annuitant is living. It is possible under this
option that only one monthly payment will be made if the Annuitant and Joint
Annuitant both die before the second payment is made, or only two monthly
payments will be made if they both die before the third payment, and so forth.
INCOME PLAN 3--PAYMENTS FOR A SPECIFIED PERIOD
Monthly payments beginning on the Payout Start Date will be made for a specified
period. An Early Withdrawal Charge may apply if the specified period is less
than 120 months. Payments under this option do not depend on the continuation of
the Annuitant's life. If the Owner dies before the end of the specified period,
the remaining payments will be paid to the surviving Beneficiary. The Mortality
and Expense Risk Charge is deducted from the Variable Account even though the
Company does not bear any mortality risk. If Income Plan 3 is chosen and the
proceeds are derived from the Variable Account, the Owner or Beneficiary may
surrender the Contract at any time by notifying the Company in writing.
17
<PAGE>
In the event that an income plan is not selected, the Company will make Income
Payments in accordance with Income Plan 1. At the Company's discretion, other
income plans may be available upon request. The Company uses sex-distinct
annuity tables. However, the Company reserves the right to use Income Payment
tables which do not distinguish on the basis of sex.
THE FIXED ACCOUNT
- -----------------------------------------------------------
CONTRIBUTIONS UNDER THE FIXED PORTION OF THE ANNUITY CONTRACT AND TRANSFERS TO
THE FIXED PORTION BECOME PART OF THE GENERAL ACCOUNT OF THE COMPANY, WHICH
SUPPORTS INSURANCE AND ANNUITY OBLIGATIONS. BECAUSE OF EXEMPTIVE AND
EXCLUSIONARY PROVISIONS, INTERESTS IN THE GENERAL ACCOUNT HAVE NOT BEEN
REGISTERED UNDER THE SECURITIES ACT OF 1933 ("1933 ACT"), NOR IS THE GENERAL
ACCOUNT REGISTERED AS AN INVESTMENT COMPANY UNDER THE INVESTMENT COMPANY ACT OF
1940 ("1940 ACT"). ACCORDINGLY, NEITHER THE GENERAL ACCOUNT NOR ANY INTERESTS
THEREIN ARE GENERALLY SUBJECT TO THE PROVISIONS OF THE 1933 OR 1940 ACTS AND THE
COMPANY HAS BEEN ADVISED THAT THE STAFF OF THE SECURITIES AND EXCHANGE
COMMISSION HAS NOT REVIEWED THE DISCLOSURES IN THIS PROSPECTUS WHICH RELATE TO
THE FIXED PORTION. DISCLOSURES REGARDING THE FIXED PORTION OF THE ANNUITY
CONTRACT AND THE GENERAL ACCOUNT, HOWEVER, MAY BE SUBJECT TO CERTAIN GENERALLY
APPLICABLE PROVISIONS OF THE FEDERAL SECURITIES LAWS RELATING TO THE ACCURACY
AND COMPLETENESS OF STATEMENTS MADE IN PROSPECTUSES.
GENERAL DESCRIPTION
Contributions made to the Fixed Account are invested in the general account of
the Company. The general account is made up of all of the general assets of the
Company, other than those in the Variable Account and any other segregated asset
account. Instead of the Owner bearing the investment risk as is the case for
amounts in the Variable Account, the Company bears the full investment risk for
all amounts contributed to the general account. The Company has sole discretion
to invest the assets of the general account, subject to applicable law. The
Company guarantees that the amounts allocated to the Fixed Account will be
credited interest at a net effective interest rate of at least the minimum
guaranteed rate found in the Contract. (This interest rate is net of separate
account asset based charges of 1.35%). Currently the amount of interest credited
in excess of the guaranteed rate will vary periodically in the sole discretion
of the Company. Any interest held in the general account does not entitle an
Owner to share in the investment experience of the general account.
Money deposited in the Fixed Account earns interest at the current rate in
effect at the time of allocation or transfer for the Guarantee Period. After the
Guarantee Period, a renewal rate will be declared. Subsequent renewal dates will
be on anniversaries of the first renewal date. On or about each renewal date,
the Company will notify the Owner of the interest rate(s) for the Contract Year
then starting. This interest rate will be guaranteed by the Company for a full
year and will not be less than the guaranteed rate found in the Contract. The
Company may declare more than one interest rate for different monies based upon
the date of allocation or transfer to the Fixed Account and based upon the
Guarantee Period.
The Company will offer a one year Guarantee Period. Additional Guarantee Periods
are offered at the sole discretion of the Company. The Company currently offers
a 1 year and a 6 year Guarantee Period.
ANY INTEREST CREDITED TO AMOUNTS ALLOCATED TO THE FIXED ACCOUNT IN EXCESS OF THE
GUARANTEED RATE FOUND IN THE CONTRACT WILL BE DETERMINED IN THE SOLE DISCRETION
OF THE COMPANY.
TRANSFERS, SURRENDERS, AND WITHDRAWALS
Amounts may be transferred from the Sub-Accounts of the Variable Account to the
Fixed Account, and prior to the Payout Start Date amounts may also be
transferred from the Fixed Account to Sub-Accounts of the Variable Account.
The maximum amount in any Contract Year which may be transferred from the Fixed
Account to the Variable Account or between Guarantee Periods of the Fixed
Account is limited to the greater of (1) 25% of the value in the Fixed Account
as of the most recent Contract Anniversary; if 25% of the value as of the most
recent Contract Anniversary is greater than zero but less than $1,000, then up
to $1,000 may be transferred; or (2) 25% of the sum of all Purchase Payments and
transfers to the Fixed Account as of the most recent Contract Anniversary.
If the first renewal interest rate is less than the current rate that was in
effect at the time money was allocated or transferred to the Fixed Account, the
transfer restriction for that money and the accumulated interest thereon will be
waived during the 60-day period following the first renewal date.
After the Payout Start Date no transfers may be made from the Fixed Account.
Transfers from the Variable Account to the Fixed Account may not be made for six
months after the Payout Start Date and may be made thereafter only once every
six months.
Surrenders and withdrawals from the Fixed Account may be delayed for up to six
months. After the Payout Start Date no surrenders or withdrawals may be made
from the Fixed Account.
18
<PAGE>
GENERAL MATTERS
- -----------------------------------------------------------
OWNER
The Owner has the sole right to exercise all rights and privileges under the
Contract, except as otherwise provided in the Contract. These rights include the
right to name and change the Owner, Beneficiary and Annuitant. The Annuitant can
be changed only if the Owner is a natural person. At time of designation, the
age of the Annuitant may not exceed 80 years of age.
Generally, an Owner who is not a natural person is required to include in income
each year any increase in the Cash Value to the extent the increase is
attributable to contributions made after February 28, 1986.
BENEFICIARY
Subject to the terms of any irrevocable Beneficiary, the Owner may change the
Beneficiary while the Annuitant is living by notifying the Company in writing.
Any change will be effective at the time it is signed by the Owner, whether or
not the Annuitant is living when the change is received by the Company. The
Company will not, however, be liable as to any payment or settlements made prior
to receiving the written notice.
Unless otherwise provided in the Beneficiary designation, the rights of any
Beneficiary predeceasing the Annuitant will revert to the Owner or the Owner's
estate. Multiple Beneficiaries may be named. Unless otherwise provided in the
Beneficiary designation, if more than one Beneficiary survives the Annuitant,
the surviving Beneficiaries will share equally in any amounts due.
DELAY OF PAYMENTS
Payment of any amounts due from the Variable Account under the Contract will
occur within seven days, unless:
1. The New York Stock Exchange is closed for other than usual weekends or
holidays, or trading on the Exchange is otherwise restricted;
2. An emergency exists as defined by the Securities and Exchange
Commission; or
3. The Securities and Exchange Commission permits delay for the protection
of the Owners.
For payment or transfers from the Fixed Account, see page 18.
ASSIGNMENTS
The Owner may not assign an interest in a Contract as collateral or security for
a loan. Otherwise, the Owner may assign benefits under the Contract prior to the
Payout Start Date. No Beneficiary may assign benefits under the Contract until
they are due. No assignment will bind the Company unless it is signed by the
Owner and filed with the Company. The Company is not responsible for the
validity of an assignment.
MODIFICATION
The Company may not modify the Contract without the consent of the Owner except
to make the Contract meet the requirements of the Investment Company Act of
1940, or to make the Contract comply with any changes in the Internal Revenue
Code or required by the Code or by any other applicable law.
CUSTOMER INQUIRIES
The Owners or any persons interested in the Contract may make inquiries
regarding the Contract by calling or writing their Dean Witter Account
Executive.
FEDERAL TAX MATTERS
- -----------------------------------------------------------
INTRODUCTION
THE FOLLOWING DISCUSSION IS GENERAL AND IS NOT INTENDED AS TAX ADVICE. THE
COMPANY MAKES NO GUARANTEE REGARDING THE TAX TREATMENT OF ANY CONTRACT OR
TRANSACTION INVOLVING A CONTRACT. Federal, state, local and other tax
consequences of ownership or receipt of distributions under an annuity contract
depend on the individual circumstances of each person. If you are concerned
about any tax consequences with regard to your individual circumstances, you
should consult a competent tax adviser.
19
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TAXATION OF ANNUITIES IN GENERAL
Tax Deferral. Generally, an annuity contract owner is not taxed on increases in
the Contract Value until a distribution occurs. This rule applies only where (1)
the Owner is a natural person, (2) the investments of the Variable Account are
"adequately diversified" in accordance with Treasury Department ("Treasury")
regulations and (3) the Company, instead of the annuity owner, is considered the
owner of the Variable Account assets for federal income tax purposes.
Non-Natural Owners. As a general rule, annuity contracts owned by nonnatural
persons are not treated as annuity contracts for federal income tax purposes and
the income on such contracts is taxed as ordinary income received or accrued by
the Owner during the taxable year. There are several exceptions to the general
rule for Contracts owned by non-natural persons which are discussed in the
Statement of Additional Information.
Diversification Requirements. For a contract to be treated as an annuity for
federal income tax purposes, the investments in the Variable Account must be
"adequately diversified" in accordance with the standards provided in the
Treasury regulations. If the investments in the Variable Account are not
adequately diversified, then the Contract will not be treated as an annuity
contract for federal income tax purposes and the Contract Owner will be taxed on
the excess of the Contract Value over the investment in the Contract. Although
the Company does not have control over the Fund or its investments, the Company
expects the Fund to meet the diversification requirements.
Investor Control. In connection with the issuance of the regulations on the
adequate diversification standards, Treasury announced that the regulations do
not provide guidance concerning the extent to which Contract Owners may direct
their investments among Sub-Accounts of a Variable Account. The Internal Revenue
Service has previously stated in published rulings that a variable Contract
Owner will be considered the Owner of separate account assets if the Owner
possesses incidents of ownership in those assets such as the ability to exercise
investment control over the assets. At the time the diversification regulations
were issued, Treasury announced that guidance would be issued in the future
regarding the extent that Owners could direct their investments among
Sub-Accounts without being treated as Owners of the underlying assets of the
Variable Account. It is possible that Treasury's position, when announced, may
adversely affect the tax treatment of existing Contracts. The Company,
therefore, reserves the right to modify the Contract as necessary to attempt to
prevent the Contract Owner from being considered the federal tax owner of the
assets of the Variable Account.
Taxation of Partial and Full Withdrawals. In the case of a partial withdrawal
under a Non-Qualified Contract, amounts received are taxable to the extent the
Contract Value before the withdrawal exceeds the investment in the Contract. In
the case of a partial withdrawal under a Qualified Contract, the portion of the
payment that bears the same ratio to the total payment that the investment in
the Contract bears to the Contract Value, can be excluded from income. In the
case of a full withdrawal under a Non-Qualified Contract or a Qualified
Contract, the amount received will be taxable only to the extent it exceeds the
investment in the Contract. If an individual transfers an annuity contract
without full and adequate consideration to a person other than the individual's
spouse (or to a former spouse incident to a divorce), the Owner will be taxed on
the difference between the Contract Value and the investment in the Contract at
the time of transfer. Other than in the case of certain Qualified Contracts, any
amount received as a loan under a Contract, and any assignment or pledge (or
agreement to assign or pledge) of the Contract Value is treated as a withdrawal
of such amount or portion.
Taxation of Annuity Payments. Generally, the rule for income taxation of
payments received from an annuity contract provides for the return of the
Owner's investment in the Contract in equal tax-free amounts over the payment
period. The balance of each payment received is taxable. In the case of variable
annuity payments, the amount excluded from taxable income is determined by
dividing the investment in the Contract by the total number of expected
payments. In the case of fixed annuity payments, the amount excluded from income
is determined by multiplying the payment by the ratio of the investment in the
Contract (adjusted for any refund feature or period certain) to the total
expected value of annuity payments for the term of the Contract.
Taxation of Annuity Death Benefits. Amounts may be distributed from an annuity
contract because of the death of an Owner or Annuitant. Generally, such amounts
are includible in income as follows: (1) if distributed in a lump sum, the
amounts are taxed in the same manner as a full withdrawal or (2) if distributed
under an annuity option, the amounts are taxed in the same manner as an annuity
payment.
Penalty Tax on Premature Distributions. There is a 10% penalty tax on the
taxable amount of any premature distribution from a non-qualified annuity
contract. The penalty tax generally applies to any distribution made prior to
the Owner attaining age 59 1/2. However, there should be no penalty tax on
distributions to Owners (1) made on or after the Owner attains age 59 1/2; (2)
made as a result of the Owner's death or disability; (3) made in substantially
equal periodic payments over life or life expectancy; or (4) made under an
immediate annuity. Similar rules apply for distributions under certain Qualified
Contracts. Please see the Statement of Additional Information for a discussion
of other situations in which the penalty tax may not apply.
Aggregation of Annuity Contracts. All non-qualified annuity contracts issued by
the Company (or its affiliates) to the same Owner during any calendar year will
be aggregated and treated as one annuity Contract for purposes of determining
the taxable amount of a distribution.
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TAX QUALIFIED CONTRACTS
Annuity contracts may be used as investments with certain tax qualified plans
such as: (1) Individual Retirement Annuities under Section 408(b) of the Code;
(2) Simplified Employee Pension Plans under Section 408(k) of the Code; (3) Tax
Sheltered Annuities under Section 403(b) of the Code; (4) Corporate and Self
Employed Pension and Profit Sharing Plans; and (5) State and Local Government
and Tax-Exempt Organization Deferred Compensation Plans. In the case of certain
tax qualified plans, the terms of the plans may govern the right to benefits,
regardless of the terms of the Contract.
Restrictions Under Section 403(b) Plans. Section 403(b) of the Code provides for
tax-deferred retirement savings plans for employees of certain non-profit and
educational organizations. In accordance with the requirements of Section
403(b), any annuity contract used for a 403(b) plan must provide that
distributions attributable to salary reduction contributions made after
12/31/88, and all earnings on salary reduction contributions, may be made only
after the employee attains age 59 1/2, separates from service, dies, becomes
disabled or on the account of hardship (earnings on salary reduction
contributions may not be distributed on the account of hardship).
INCOME TAX WITHHOLDING
The Company is required to withhold federal income tax at a rate of 20% on all
"eligible rollover distributions" unless an individual elects to make a "direct
rollover" of such amounts to another qualified plan or Individual Retirement
Account or Annuity ("IRA"). Eligible rollover distributions generally include
all distributions from Qualified Contracts, excluding IRAs, with the exception
of (1) required minimum distributions, or (2) a series of substantially equal
periodic payments made over a period of at least 10 years, or the life (joint
lives) of the participant (and beneficiary). For any distributions from
non-qualified annuity contracts, or distributions from Qualified Contracts which
are not considered eligible rollover distributions, the Company may be required
to withhold federal and state income taxes unless the recipient elects not to
have taxes withheld and properly notifies the Company of such election.
VOTING RIGHTS
- -----------------------------------------------------------
The Owner or anyone with a voting interest in the Sub-Account of the Variable
Account may instruct the Company on how to vote at shareholder meetings of the
Fund. The Company will solicit and cast each vote according to the procedures
set up by the Fund and to the extent required by law. The Company reserves the
right to vote the eligible shares in its own right, if subsequently permitted by
the Investment Company Act of 1940, its regulations or interpretations thereof.
Before the Payout Start Date, the Owner holds the voting interest in the
Sub-Account. (The number of votes for the Owner will be determined by dividing
the Cash Value attributable to a Sub-Account by the net asset value per share of
the applicable eligible Portfolio.)
After the Payout Start Date, the person receiving Income Payments has the voting
interest. After the Payout Start Date, the votes decrease as Income Payments are
made and as the reserves for the Contract decrease. That person's number of
votes will be determined by dividing the reserve for such Contract allocated to
the applicable Sub-Account by the net asset value per share of the corresponding
eligible Portfolio.
SALES COMMISSION
- -----------------------------------------------------------
From its profits the Company may pay a maximum sales commission of 6.0% of
Purchase Payments and an annual sales administration expense allowance of up to
0.125% of the average net assets of the Fixed Account to Dean Witter Reynolds
Inc., the principal underwriter of the Contracts.
21
<PAGE>
STATEMENT OF ADDITIONAL INFORMATION
TABLE OF CONTENTS
The Contract................................................ 3
Purchase of Contracts..................................... 3
Value of Variable Account Accumulation Units.............. 3
Performance Data.......................................... 4
Standardized Total Return................................... 5
Other Total Returns....................................... 5
Transfers................................................. 6
Tax-free Exchanges (1035 Exchanges, Rollovers and
Transfers)............................................... 6
Income Payments............................................. 7
Amount of Variable Annuity Income Payments................ 7
General Matters............................................. 8
Recordkeeping Services.................................. 8
Additions, Deletions or Substitutions of Investments.... 8
Reinvestment............................................ 9
Incontestability.......................................... 9
Settlements............................................... 9
Safekeeping of the Variable Account's Assets.............. 9
Experts................................................... 9
Legal Matters............................................. 9
Federal Tax Matters......................................... 10
Introduction.............................................. 10
Taxation of Allstate Life Insurance Company of New York... 10
Exceptions to the Non-Natural Owner Rule.................. 10
Penalty Tax on Premature Distributions.................... 11
IRS Requried Distribution at Death Rules.................. 11
Qualified Plans........................................... 11
Types of Qualified Plans.................................... 12
Individual Retirement Annuities........................... 12
Simplified Employee Pension Plans......................... 12
Tax Sheltered Annuities................................... 12
Corporate and Self-Employed Pension and Profit Sharing
Plans.................................................... 12
State and Local Government and Tax-Exempt Organization
Deferred Compensation Plans.............................. 12
Voting Rights............................................... 13
Sales Commissions........................................... 13
Financial Statements........................................ F-1
22
<PAGE>
ORDER FORM
- -----------------------------------------------------------
/ / Please send me a copy of the most recent Statement of Additional Information
for the Allstate Life of New York Variable Annuity II.
<TABLE>
<S> <C>
- ------------------------ ---------------------------------------------
(Date) (Name)
---------------------------------------------
(Street Address)
---------------------------------------------
(City) (State) (Zip
Code)
</TABLE>
Send to: Allstate Life Insurance Company of New York
Post Office Box 9095
Farmingville, New York 11738
Attention: Annuity Services
23
<PAGE>
(This Page Left Intentionally Blank)
24
<PAGE>
STATEMENT OF ADDITIONAL INFORMATION
ALLSTATE LIFE OF NEW YORK VARIABLE ANNUITY ACCOUNT II
OF
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
P.O. BOX 9095
FARMINGVILLE, NEW YORK 11738
INDIVIDUAL VARIABLE ANNUITY CONTRACTS
DISTRIBUTED BY
DEAN WITTER REYNOLDS INC.
TWO WORLD TRADE CENTER
NEW YORK, NEW YORK 10048
--------------------
This Statement of Additional Information supplements the information in
the Prospectus for the individual Flexible Premium Deferred Variable Annuity
Contract ("Contract") offered by Allstate Life Insurance Company of New York
("Company"), an indirect wholly owned subsidiary of Allstate Insurance
Company. The Contract is primarily designed to aid individuals in long-term
financial planning and it can be used for retirement planning regardless of
whether the plan qualifies for special federal income tax treatment.
THIS STATEMENT OF ADDITIONAL INFORMATION IS NOT A PROSPECTUS AND SHOULD BE READ
ONLY IN CONJUNCTION WITH THE PROSPECTUS FOR THE CONTRACT.
You may obtain a copy of the Prospectus from Dean Witter Reynolds Inc.
("Dean Witter"), the principal underwriter and distributor of the Contract, by
calling or writing Dean Witter at the address listed above.
The Prospectus, dated December 31, 1996, has been filed with the United
States Securities and Exchange Commission.
Dated December 31, 1996
<PAGE>
TABLE OF CONTENTS
Page
----
The Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Purchase of Contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Value of Variable Account Accumulation Units . . . . . . . . . . . . . . . . 3
Performance Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Standardized Total Return. . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Other Total Returns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Transfers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Tax-free Exchanges (1035 Exchanges, Rollovers and Transfers) . . . . . . . . 6
Income Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Amount of Variable Annuity Income Payments . . . . . . . . . . . . . . . . . 7
General Matters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Recordkeeping Services. . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Additions, Deletions or Substitutions of Investments. . . . . . . . . . . . 8
Reinvestment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Incontestability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Settlements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Safekeeping of the Variable Account's Assets . . . . . . . . . . . . . . . . 9
Experts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Legal Matters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Federal Tax Matters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
Taxation of Allstate Life Insurance Company of New York. . . . . . . . . . .10
Exceptions to the Non-Natural Owner Rule . . . . . . . . . . . . . . . . . .10
Penalty Tax on Premature Distributions . . . . . . . . . . . . . . . . . . .11
IRS Required Distribution at Death Rules . . . . . . . . . . . . . . . . . .11
Qualified Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
Types of Qualified Plans . . . . . . . . . . . . . . . . . . . . . . . . . . .12
Individual Retirement Annuities. . . . . . . . . . . . . . . . . . . . . . .12
Simplified Employee Pension Plans. . . . . . . . . . . . . . . . . . . . . .12
Tax Sheltered Annuities. . . . . . . . . . . . . . . . . . . . . . . . . . .12
Corporate and Self-Employed Pension and Profit Sharing Plans . . . . . . . .12
State and Local Government and Tax-Exempt Organization Deferred
Compensation Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
Voting Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
Sales Commissions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
Financial Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-1
2
<PAGE>
THE CONTRACT
PURCHASE OF CONTRACTS
The Contracts are offered to the public through brokers licensed under the
federal securities laws and state insurance laws. The offering of the Contracts
is continuous and the Company does not anticipate discontinuing the offering of
the Contracts. However, the Company reserves the right to discontinue the
offering of the Contracts.
VALUE OF VARIABLE ACCOUNT ACCUMULATION UNITS
The value of Variable Account Accumulation Units will vary in accordance
with investment experience of the Portfolio in which the Sub-Account invests.
The number of such Accumulation Units credited to a Contract will not, however,
change as a result of any fluctuations in the Accumulation Unit value.
The Accumulation Units in each Sub-Account of the Variable Account are
valued separately. The value of Accumulation Units in any Valuation Period will
depend upon the investment performance of the shares purchased by each Sub-
Account in a particular Portfolio.
The value of an Accumulation Unit in a Sub-Account for any Valuation Period
equals the value of such unit as of the immediately preceding Valuation Period,
multiplied by the "Net Investment Factor" for that Sub-Account for the current
Valuation Period. The Net Investment Factor for each Sub-Account for any
Valuation Period is determined by dividing (A) by (B) and subtracting (C),
where:
(A) is the sum of:
(1) the net asset value per share of the Portfolio(s) underlying the
Sub-Account determined at the end of the current valuation
period; plus,
(2) the per share amount of any dividend or capital gain
distributions made by the Portfolio(s) underlying the Sub-Account
during the current Valuation Period.
(B) is the net asset value per share of the Portfolio(s) underlying the
Sub-Account determined as of the end of the immediately preceding
valuation period.
(C) is the annualized Mortality and Expense Risk and Administrative
Expense Charges divided by 365 and then multiplied by the number of
calendar days in the current valuation period.
3
<PAGE>
PERFORMANCE DATA
From time to time the Variable Account may publish advertisements
containing performance data relating to its Sub-Accounts. The performance data
for the Sub-Accounts (other than for the Money Market Sub-Account) will always
be accompanied by total return quotations.
A Sub-Account's "average annual total return" represents an annualization
of the Sub-Account's total return over a particular period and is computed by
finding the annual percentage rate which will result in the ending redeemable
value of a hypothetical $1,000 Purchase Payment made at the beginning of a one,
five or ten year period, or for a period from the date of commencement of the
Sub-Account's operations, if shorter than any of the foregoing. The formula for
computing the average annual total return involves a percentage obtained by
dividing the ending redeemable value, including deductions for any Early
Withdrawal Charges or Contract Maintenance Charges imposed on the Contracts by
the Variable Account, by the initial hypothetical $1,000 Purchase Payment,
taking the "n"th root of the quotient (where "n" is the number of years in the
period) and subtracting 1 from the result.
The Early Withdrawal Charges assessed upon redemption are computed as
follows: The Withdrawal Amount Without Early Withdrawal Charge is not assessed
an Early Withdrawal Charge. Early Withdrawal Charges are charged on the amount
of redemption equal to the Purchase Payment, reduced by the Withdrawal Amount
Without Early Withdrawal Charge, if any. The remaining amount of the
redemption, if any, is not assessed an Early Withdrawal Charge. The Early
Withdrawal Charge Schedule specifies rates based on the Contract Year in which
the Purchase Payment was made. One rate is specified for Purchase Payments made
in the current Contract Year, another rate for Purchase Payments made in the
prior Contract Year, another rate for Purchase Payments made in the second prior
Contract Year, and so on until a rate for Purchase Payments made in the sixth
prior Contract Year or prior to it is reached. For a one year total return
calculation the second rate, (i.e., the rate for Purchase Payments made in the
prior Contract Year), is assessed. The Contract Maintenance Charge ($30 per
contract) used in the total return calculation is prorated using the following
method: The total amount of annual Contract fees collected during the year is
divided by the total average net assets of all the Sub-Accounts. The resulting
percentage is then multiplied by the ending Cash Value.
4
<PAGE>
In addition, the Variable Account may advertise the total return over
different periods of time by means of aggregate, average, year-by-year or other
types of total return figures. Such calculations would not reflect deductions
for Early Withdrawal Charges or Contract Maintenance charges which may be
imposed on the Contracts by the Variable Account which, if reflected, would
reduce the performance quoted. The formula for computing such total return
quotations involves a percent unit change calculation. This calculation is the
Accumulation Unit value at the end of the defined period divided by the
Accumulation Unit value at the beginning of such period minus 1. The periods
included in such advertisements are "year-to-date" (prior calendar year end to
the day of the advertisement); "year to most recent quarter" (prior calendar
year end to the end of the most recent quarter); "the prior calendar year"; and
inception (commencement of the Sub-Account's operation) to date (day of the
advertisement).
STANDARDIZED TOTAL RETURN
The standardized average annual total returns for the Sub-Accounts for the
one-year and since inception periods ending December 31, 1995 are presented
below:
<TABLE>
<CAPTION>
Sub-Account One-Year Since Inception*
- ----------- -------- ---------------
<S> <C> <C>
Capital Growth 26.82% 7.18%
Dividend Growth 30.24% 11.91%
Equity 36.30% 13.92%
European Growth 19.88% 16.44%
Global Dividend Growth 16.08% 7.82%
High Yield 9.15% 12.57%
Money Market N/A N/A
Pacific Growth -0.00 -4.53%
Quality Income Plus 18.37% 8.24%
Strategist 3.61% 7.09%
Utilities 22.61% 11.00%
* All Sub-Accounts commenced operation on September 24, 1991 except for the
Global Dividend Growth and Pacific Growth Sub-Accounts. The Global Dividend
Growth and Pacific Growth Sub-Accounts commenced operation on February 23,
1994.
</TABLE>
From time to time, sales literature or advertisements may also quote
average annual total returns for periods prior to the date the Variable
Account commenced operations. Such performance information for the
Sub-Accounts will be calculated based on the performance of the Portfolios
and the assumption that the Sub-Accounts were in existence for the same
periods as those indicated for the Portfolios, with the level of Contract
charges currently in effect.
Such average annual total return information for the Sub-Accounts
(including deduction of the Surrender Charge) is as follows:
<TABLE>
<CAPTION>
Sub-Account and Date
of Inception of
Corresponding Portfolio 1 Year 5-Years 10-Years or Since Inception (if less)
- ----------------------- ------ ------- -------------------------------------
<S> <C> <C> <C>
Capital Growth**** 26.82% N/A 8.32%
Dividend Growth*** 30.24% 14.11% 10.20%
Equity* 36.30% 19.16% 11.96%
European Growth**** 19.88% N/A 13.91%
Global Dividend Growth***** 16.08% N/A 7.82%
High Yield* 9.15% 19.47% 6.35%
Money Market* N/A N/A N/A
Pacific Growth***** -0.00% N/A -4.53%
Quality Income Plus** 18.37% 9.31% 8.03%
Strategist** 3.61% 9.87% 7.91%
Utilities*** 22.61% 11.27% 10.21%
* Portfolio inception date of March 9, 1984
** Portfolio inception date of March 1, 1987
*** Portfolio inception date of March 1, 1990
**** Portfolio inception date of March 1, 1991
***** Portfolio inception date of February 23, 1994
</TABLE>
OTHER TOTAL RETURNS
From time to time, sales literature or advertisements may also quote
average annual total returns that do not reflect the Surrender Charge. These
are calculated in exactly the same way as the average annual total returns
described above, except that the ending redeemable value of the hypothetical
account for the period is replaced with an ending value for the period that
does not take into account any charges on amounts surrendered. Sales
literature or advertisements may also quote such average annual total returns
for periods prior to the date the Variable Account commenced operations,
calculated based on the performance of the Portfolios and the assumption that
the Sub-Accounts were in existence for the same periods as those indicated
for the Portfolios, with the level of Contract charges currently in effect
except for the Surrender Charge.
Such average annual total return information for the Sub-Accounts (not
including deduction of the Surrender Charge) is as follows:
<TABLE>
<CAPTION>
Sub-Account and Date
of Inception of
Corresponding Portfolio 1 Year 5-Years 10-Years or Since Inception (if less)
- ----------------------- ------ ------- -------------------------------------
<S> <C> <C> <C>
Capital Growth**** 31.14% N/A 8.64%
Dividend Growth*** 34.56% 14.27% 10.35%
Equity* 40.63% 19.29% 6.41%
European Growth**** 24.21% N/A 14.17%
Global Dividend Growth***** 20.41% N/A 10.04%
High Yield* 13.47% 19.60% 12.01%
Money Market* N/A N/A N/A
Pacific Growth***** 4.32% N/A -2.08%
Quality Income Plus** 22.70% 9.49% 8.09%
Strategist** 7.93% 10.05% 7.96%
Utilities*** 26.93% 11.44% 10.35%
* Portfolio inception date of March 9, 1984
** Portfolio inception date of March 1, 1987
*** Portfolio inception date of March 1, 1990
**** Portfolio inception date of March 1, 1991
***** Portfolio inception date of February 23, 1994
</TABLE>
The Variable Account may also advertise the performance of the Sub-Accounts
relative to certain performance rankings and indexes compiled by independent
organizations, such as: (a) Lipper Analytical Services, Inc.; (b) the Standard
& Poor's 500 Composite Stock Price Index ("S & P 500"); and, (c) A.M. Best
Company.
5
<PAGE>
TRANSFERS
The Owner may transfer amounts from one investment alternative to another
prior to the Payout Start Date. Transfers are subject to the following
restrictions:
1. The minimum amount that may be transferred from an investment
alternative is $100; if the total amount in an investment alternative
is less than $100, the entire amount may be transferred.
2. The minimum transfer to any Guarantee Period of the Fixed Account is
$500.
3. The maximum amount in any Contract Year which may be transferred from
the Fixed Account to the Variable Account or between Guarantee Periods
is limited to the greater of (1) 25% of the value in the Fixed
Account as of the most recent Contract Anniversary; if 25% of the
value as of the most recent Contract Anniversary is greater than zero
but less than $1,000, then up to $1,000 may be transferred; or (2) 25%
of the sum of all Purchase Payments and transfers to the Fixed
Account as of the most recent Contract Anniversary.
4. If the first renewal interest rate is less than the current rate that
was in effect at the time money was allocated or transferred to the
Fixed Account, the 25% transfer restriction for that money will be
waived during the 60 day period following the first renewal date.
TAX-FREE EXCHANGES (1035 EXCHANGES, ROLLOVERS AND TRANSFERS)
The Company accepts Purchase Payments which are the proceeds of a Contract
in a transaction qualifying for a tax-free exchange under Section 1035 of the
Internal Revenue Code. Except as required by federal law in calculating the
basis of the Contract, the Company does not differentiate between Section 1035
Purchase Payments and non-Section 1035 Purchase Payments.
The Company also accepts "rollovers" from Contracts qualifying as tax-
sheltered annuities (TSAs), individual retirement annuities or accounts, (IRAs),
or any other Qualified Contract which is eligible to "rollover" into an IRA.
The Company differentiates between Non-Qualified Contracts and TSAs and IRAs to
the extent necessary to comply with federal tax laws. For example, the Company
restricts the assignment, transfer or pledge of TSAs and IRAs so the Contracts
will continue to qualify for special tax treatment. An Owner contemplating any
such exchange, rollover or transfer of a Contract should contact a competent tax
adviser with respect to the potential effects of such a transaction.
6
<PAGE>
INCOME PAYMENTS
AMOUNT OF VARIABLE ANNUITY INCOME PAYMENTS
The amount of the first Income Payment is calculated by applying the
Contract Value allocated to each Sub-Account less any applicable premium tax
charge deducted at this time, to the income payment tables in the Contract.
The first Variable Annuity Income Payment is divided by the Sub-Account's
then current Annuity Unit Value to determine the number of Annuity Units upon
which later Income Payments will be based. Variable Annuity Income Payments
after the first will be equal to the sum of the number of Annuity Units
determined in this manner for each Sub-Account times the then current Annuity
Unit Value for each respective Sub-Account.
The value of an Annuity Unit in each Sub-Account of the Variable Account
is set at $10. Annuity Units in each Sub-Account are valued separately and
Annuity Unit Values will depend upon the investment experience of the
particular Portfolios in which the Sub-Account invests. The value of the
Annuity Unit for each Sub-Account at the end of any Valuation Period is
calculated by: (a) multiplying the prior value by the Sub-Account's Net
Investment Factor during the period; and then (b) dividing the product by
the sum of 1.0 plus the assumed investment rate for the period. The assumed
investment rate adjusts for the interest rate assumed in the annuity tables
used to determine the dollar amount of the first Variable Annuity Income
Payment, and is an effective annual rate of 4.0%.
Currently, the amount of the first Income Payment paid under an Annuity
Option is determined using 4% interest and the 1971 Individual Annuity
Mortality Table with the following age adjustment (The revised Contract is
based on the 1983A Individual Annuity Mortality Table.) An annuitant's age at
his or her last birthday on or prior to the Income Starting Date will be set
back one year each six full years between January 1, 1971 and the Income
Starting Date (except in the case of Contracts based on the 1983A Table). Due
to judicial or legislative developments regarding the use of tables which do
not differentiate on the basis of sex, in some cases different annuity tables
may be used.
7
<PAGE>
GENERAL MATTERS
RECORDKEEPING SERVICES
In 1993, the Company paid $29,213.58 to Vantage for its services. The
basis for the fee was an annual fee of $16 per policy, plus out of pocket
expenses and fees for enhancements.
As of October 4, 1993, the Company performs all Contract recordkeeping
services.
ADDITIONS, DELETIONS OR SUBSTITUTIONS OF INVESTMENTS
The Company retains the right, subject to any applicable law, to make
additions to, deletions the from or substitutions for the Portfolio shares held
by any Sub-Account of the Variable Account. The Company reserves the right to
eliminate the shares of any of the Portfolios and to substitute shares of
another Portfolio of the Fund, or of another open-end, registered investment
company, if the shares of the Portfolio are no longer available for investment,
or if, in the Company's judgment, investment in any Portfolio would become
inappropriate in view of the purposes of the Variable Account. Substitutions of
shares attributable to an Owner's interest in a Sub-Account will not be made
until the Owner has been notified of the change, and until the Securities and
Exchange Commission has approved the change, to the extent such notification and
approval is required by the Investment Company Act of 1940. Nothing contained
in this Statement of Additional Information shall prevent the Variable Account
from purchasing other securities for other series or classes of contracts, or
from effecting a conversion between series or classes of contracts on the basis
of requests made by Owners.
The Company may also establish additional Sub-Accounts of the Variable
Account. Each additional Sub-Account would purchase shares in a new Portfolio
of the Fund or in another mutual fund. New Sub-Accounts may be established
when, in the sole discretion of the Company, marketing needs or investment
conditions warrant. Any new Sub-Accounts will be made available to existing
Owners on a basis to be determined by the Company. The Company may also
eliminate one or more Sub-Accounts if, in its sole discretion, marketing, tax or
investment conditions so warrant.
In the event of any such substitution or change, the Company may, by
appropriate endorsement, make such changes in the Contract as may be necessary
or appropriate to reflect such substitution or change. If deemed to be in the
best interests of persons having voting rights under the policies, the Variable
Account may be operated as a management company under the Investment Company Act
of 1940 or it may be deregistered under such Act in the event such registration
is no longer required.
8
<PAGE>
REINVESTMENT
All dividends and capital gains distributions from the Portfolios are
automatically reinvested in shares of the distributing Portfolio at their net
asset value.
INCONTESTABILITY
The Contract will not be contested after it is issued.
SETTLEMENTS
The Contract must be returned to the Company prior to any settlement. Due
proof of the Owner(s) or the Annuitant's (and any Joint Annuitant's) death must
be received prior to settlement of a death claim.
SAFEKEEPING OF THE VARIABLE ACCOUNT'S ASSETS
The Company holds title to the assets of the Variable Account. The assets
are kept physically segregated and held separate and apart from the Company's
general corporate assets. Records are maintained of all purchases and
redemptions of the Portfolio shares held by each of the Sub-Accounts.
The Dean Witter Variable Investment Series ("Fund") does not issue
certificates and, therefore, the Company holds the Account's assets in open
account in lieu of stock certificates. See the Fund's Prospectus for a more
complete description of the Fund's custodian.
EXPERTS
The financial statements of the Variable Account and the financial
statements and financial statement schedules of the Company appearing in this
Statement of Additional Information (which is incorporated by reference in the
prospectus of Allstate Life of New York Variable Annuity Account II of Allstate
Life Insurance Company of New York) have been audited by Deloitte & Touche
LLP, Two Prudential Plaza, 180 N. Stetson Avenue, Chicago, Illinois,
independent auditors, as stated in their reports appearing herein and are
included in reliance upon the reports of such firm given upon their authority
as experts in accounting and auditing.
LEGAL MATTERS
Legal advice regarding certain matters relating to the federal securities
laws applicable to the issue and sale of the Contracts has been provided by
Routier and Johnson, P.C., of Washington, D.C.. All matters of New York
law pertaining to the Contracts, including the validity of the Contracts and the
Company's right to issue such Contracts under New York insurance law, have been
passed upon by Michael J. Velotta, General Counsel of Allstate Life Insurance
Company of New York.
9
<PAGE>
FEDERAL TAX MATTERS
INTRODUCTION
THE FOLLOWING DISCUSSION IS GENERAL AND IS NOT INTENDED AS TAX ADVICE. THE
COMPANY MAKES NO GUARANTEE REGARDING THE TAX TREATMENT OF ANY CONTRACT OR
TRANSACTION INVOLVING A CONTRACT. Federal, state, local and other tax
consequences of ownership or receipt of distributions under an annuity contract
depend on the individual circumstances of each person. If you are concerned
about any tax consequences with regard to your individual circumstances, you
should consult a competent tax adviser.
TAXATION OF ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
The Company is taxed as a life insurance company under Part I of Subchapter
L of the Internal Revenue Code. The following discussion assumes that the
Company is taxed as a life insurance company under Part I of Subchapter L.
Since the Variable Account is not an entity separate from the Company, and its
operations form a part of the Company, it will not be taxed separately as a
"regulated Investment Company" under Subchapter M of the Code. Investment
income and realized capital gains are automatically applied to increase reserves
under the contract. Under existing federal income tax law, the Company believes
that the Variable Account investment income and realized net capital gains will
not be taxed to the extent that such income and gains are applied to increase
the reserves under the contract.
Accordingly, the Company does not anticipate that it will incur any federal
income tax liability attributable to the Variable Account, and therefore the
Company does not intend to make provisions for any such taxes. However, if
changes in the federal tax laws or interpretations thereof result in the Company
being taxed on income or gains attributable to the Variable Account, then the
Company may impose a charge against the Variable Account (with respect to some
or all contracts) in order to set aside provisions to pay such taxes.
EXCEPTIONS TO THE NON-NATURAL OWNER RULE
There are several exceptions to the general rule that contracts held by a
non-natural owner are not treated as annuity contracts for federal income tax
purposes. Contracts will generally be treated as held by a natural person if
the nominal owner is a trust or other entity which holds the contract as agent
for a natural person. However, this special exception will not apply in the
case of an employer who is the nominal owner of an annuity contract under a non-
qualified deferred compensation arrangement for its employees. Other exceptions
to the non-natural owner rule are: (1) contracts acquired by an estate of a
decedent by reason of the death of the decedent; (2) certain qualified
contracts; (3) contracts purchased by employers upon the termination of certain
qualified plans; (4) certain contracts used in connection with structured
settlement agreements, and (5) contracts purchased with a single premium when
the annuity
10
<PAGE>
starting date is no later than a year from purchase of the annuity and
substantially equal periodic payments are made, not less frequently than
annually, during the annuity period.
PENALTY TAX ON PREMATURE DISTRIBUTIONS
There is a 10% penalty tax on the taxable amount of any payment received
from a non-qualified annuity contract unless: (1) made after the owner reaches
59 1/2; (2) attributable to the owner's disability; (3) attributable to
investment before August 14, 1982, including earnings on pre-August 14, 1982
investment; (4) made from certain qualified contracts; (5) made after the death
of the owner; (6) made under an immediate annuity contract; (7) made from an
annuity purchased and held by an employer upon the termination of a qualified
retirement plan; (8) made under a qualified funding asset; (9) made as part of a
series of substantially equal periodic payments (not less frequently than
annually) for the life of or life expectancy of the owner or the joint lives of
joint life expectancies of the owner and designated beneficiary. Similar rules
apply in the case of qualified contracts.
IRS REQUIRED DISTRIBUTION AT DEATH RULES
In order to be considered an annuity contract for federal income tax
purposes, an annuity contract must provide: (1) if any owner dies on or after
the annuity start date but before the entire interest in the contract has been
distributed, the remaining portion of such interest must be distributed at least
as rapidly as under the method of distribution being used as of the date of the
owner's death; (2) if any owner dies prior to the annuity start date, the entire
interest in the contract will be distributed within five years after the date of
the owner's death. These requirements are satisfied if any portion of the
owner's interest which is payable to (or for the benefit of) a designated
beneficiary is distributed over the life of such beneficiary (or over a period
not extending beyond the life expectancy of the beneficiary) and the
distributions begin within one year of the owner's death. If the owner's
designated beneficiary is the surviving spouse of the owner, the contract may be
continued with the surviving spouse as the new owner. If the owner of the
contract is a non-natural person, then the annuitant will be treated as the
owner for purposes of applying the distribution at death rules. In addition, a
change in the annuitant on a contract owned by a non-natural person will be
treated as the death of the owner.
QUALIFIED PLANS
This annuity contract may be used with several types of qualified plans.
The tax rules applicable to participants in such qualified plans vary according
to the type of plan and the terms and conditions of the plan itself. Adverse
tax consequences may result from excess contributions, premature distributions,
distributions that do not conform to specified commencement and minimum
distribution rules, excess distributions and in other circumstances. Owners and
participants under the plan and annuitants and beneficiaries under the contract
may be subject to the terms and conditions of the plan regardless of the terms
of the contract.
11
<PAGE>
TYPES OF QUALIFIED PLANS
INDIVIDUAL RETIREMENT ANNUITIES
Section 408 of the Code permits eligible individuals to contribute to an
individual retirement program known as an Individual Retirement Annuity.
Individual Retirement Annuities are subject to limitations on the amount that
can be contributed and on the time when distributions may commence. Certain
distributions from other types of qualified plans may be "rolled over" on a tax-
deferred basis into an Individual Retirement Annuity.
SIMPLIFIED EMPLOYEE PENSION PLANS
Section 408(k) of the Code allows employers to establish simplified
employee pension plans for their employees using the employees' individual
retirement annuities if certain criteria are met. Under these plans the
employer may, within specified limits, make deductible contributions on behalf
of the employees to their individual retirement annuities.
TAX SHELTERED ANNUITIES
Section 403(b) of the Code permits public school employees and employees of
certain types of tax-exempt organizations (specified in Section 501(c)(3) of the
Code) to have their employers purchase annuity contracts for them, and subject
to certain limitations, to exclude the purchase payments from the employees'
gross income. An annuity contract used for a Section 403(b) plan must provide
that distributions attributable to salary reduction contributions made after
12/31/88, and all earnings on salary reduction contributions, may be made only
after the employee attains age 59 1/2, separates from service, dies, becomes
disabled or in the case of hardship (earnings on salary reduction contributions
may not be distributed for hardship).
CORPORATE AND SELF-EMPLOYED PENSION AND PROFIT SHARING PLANS
Sections 401(a) and 403(a) of the Code permit corporate employers to
establish various types of tax favored retirement plans for employees. The
Self-Employed Individuals Retirement Act of 1962, as amended, (commonly referred
to as "H.R. 10" or "Keogh") permits self-employed individuals to establish tax
favored retirement plans for themselves and their employees. Such retirement
plans may permit the purchase of annuity contracts in order to provide benefits
under the plans.
STATE AND LOCAL GOVERNMENT AND TAX-EXEMPT ORGANIZATION DEFERRED COMPENSATION
PLANS
Section 457 of the Code permits employees of state and local governments
and tax-exempt organizations to defer a portion of their compensation without
paying current taxes. The employees must be participants in an eligible
deferred compensation plan. Generally, under the non-natural owner rules, such
contracts are not treated as annuity contracts for federal income tax purposes.
12
<PAGE>
VOTING RIGHTS
The number of votes which a person has the right to instruct will be
calculated separately for each Sub-Account. That number will be determined by
applying his/her percentage interest, if any, in a particular Sub-Account to the
total number of votes attributable to the Sub-Account.
The number of votes of the Portfolio which an Owner has a right to instruct
will be determined as of the date coincident with the date established by that
Portfolio for determining shareholders eligible to vote at the meeting of the
Fund. Voting instructions will be solicited by written communication prior to
such meeting in accordance with procedures established by the Fund.
Fund shares as to which no timely instructions are received will be voted
in proportion to the voting instructions which are received with respect to all
Contracts participating in that Sub-Account. Voting instructions to abstain on
any item to be voted upon will be applied on a pro rata basis to reduce the
votes eligible to be cast.
Each person having a voting interest in a Sub-Account will receive proxy
material, reports and other materials relating to the appropriate Portfolio.
SALES COMMISSIONS
The Company pays Dean Witter for its underwriting and general agent's
services a sales commission of up to 6.0% of the Purchase Payments and sales
administration expense allowance of up to 0.125% of the average net assets of
the Fixed Account. These commissions are intended to cover Dean Witter's
expenses in distributing and selling the Contracts.
Under the Underwriting Agreement and Managing General Agent's Agreement
between Dean Witter and the Company, Dean Witter is responsible for paying costs
and expenses associated with licensing its agents, paying agent's commissions,
printing, mailing and distributing the Prospectus to prospective purchasers; and
preparing, printing and distributing sales literature. In the event the
commissions fail to adequately compensate Dean Witter for these expenses, Dean
Witter will pay these expenses from its own funds.
13
<PAGE>
INDEPENDENT AUDITORS' REPORT
TO THE BOARD OF DIRECTORS AND SHAREHOLDER
OF ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK:
We have audited the accompanying Statements of Financial Position of Allstate
Life Insurance Company of New York as of December 31, 1995 and 1994, and the
related Statements of Operations, Shareholder's Equity and Cash Flows for each
of the three years in the period ended December 31, 1995. Our audits also
included Schedule IV -- Reinsurance and Schedule V -- Valuation and Qualifying
Accounts. These financial statements and financial statement schedules are the
responsibility of the Company's management. Our responsibility is to express an
opinion on these financial statements and financial statement schedules based on
our audits.
We conducted our audits in accordance with generally accepted auditing
standards. Those standards require that we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements. An audit also includes
assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall financial statement presentation.
We believe that our audits provide a reasonable basis for our opinion.
In our opinion, such financial statements present fairly, in all material
respects, the financial position of Allstate Life Insurance Company of New York
as of December 31, 1995 and 1994, and the results of its operations and its cash
flows for each of the three years in the period ended December 31, 1995 in
conformity with generally accepted accounting principles. Also, in our opinion,
Schedule IV -- Reinsurance and Schedule V -- Valuation and Qualifying Accounts,
when considered in relation to the basic financial statements taken as a whole,
present fairly, in all material respects, the information set forth therein.
As discussed in Note 3 to financial statements, in 1993 the Company changed its
method of accounting for investments in fixed income securities.
/s/ Deloitte & Touche LLP
Chicago, Illinois
March 1, 1996
F-1
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
STATEMENTS OF FINANCIAL POSITION
<TABLE>
<CAPTION>
DECEMBER 31
--------------------------
1995 1994
------------ ------------
($ IN THOUSANDS)
<S> <C> <C>
Assets
Investments
Fixed income securities
Available for sale, at fair value (amortized cost $1,219,418 and $468,518)........... $ 1,424,893 $ 457,018
Held to maturity, at amortized cost (fair value $583,000)............................ 601,359
Mortgage loans......................................................................... 86,394 86,435
Policy loans........................................................................... 22,785 20,500
Short-term............................................................................. 7,257 7,212
------------ ------------
Total investments.................................................................. 1,541,329 1,172,524
Deferred acquisition costs............................................................... 53,944 50,699
Accrued investment income................................................................ 18,828 16,518
Reinsurance recoverable.................................................................. 3,331 10,365
Deferred income taxes.................................................................... 17,443
Cash..................................................................................... 1,472 1,763
Other assets............................................................................. 3,924 4,763
Separate Accounts........................................................................ 220,141 175,918
------------ ------------
Total assets....................................................................... $ 1,842,969 $ 1,449,993
------------ ------------
------------ ------------
Liabilities
Reserve for life insurance policy benefits............................................... $ 838,739 $ 626,316
Contractholder funds..................................................................... 499,548 483,812
Deferred income taxes.................................................................... 23,659
Other liabilities and accrued expenses................................................... 8,950 13,304
Net payable to affiliates................................................................ 1,865 1,402
Separate Accounts........................................................................ 220,141 175,918
------------ ------------
Total liabilities.................................................................. 1,592,902 1,300,752
------------ ------------
Shareholder's Equity
Common stock, $25 par value, 80,000 shares authorized, issued and outstanding............ 2,000 2,000
Additional capital paid-in............................................................... 45,787 45,787
Unrealized net capital gains (losses).................................................... 74,413 (6,891)
Retained income.......................................................................... 127,867 108,345
------------ ------------
Total shareholder's equity......................................................... 250,067 149,241
------------ ------------
Total liabilities and shareholder's equity......................................... $ 1,842,969 $ 1,449,993
------------ ------------
------------ ------------
</TABLE>
See notes to financial statements.
F-2
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
STATEMENTS OF OPERATIONS
<TABLE>
<CAPTION>
YEAR ENDED DECEMBER 31,
----------------------------------
1995 1994 1993
---------- ---------- ----------
($ IN THOUSANDS)
<S> <C> <C> <C>
Revenues
Premium income (net of reinsurance ceded of $2,147, $2,198 and $4,929).......... $ 126,713 $ 70,070 $ 110,051
Contract charges................................................................ 21,603 18,490 16,862
Net investment income........................................................... 104,384 96,911 95,956
Realized capital (losses) gains................................................. (1,846) 778 4,576
---------- ---------- ----------
250,854 186,249 227,445
---------- ---------- ----------
Costs and expenses
Provision for policy benefits (net of reinsurance recoveries of $1,581, $1,860
and $1,773).................................................................... 198,055 137,434 175,676
Amortization of deferred acquisition costs...................................... 5,502 3,875 10,319
Operating costs and expenses.................................................... 17,864 16,330 21,575
Early retirement program........................................................ 1,210
---------- ---------- ----------
221,421 158,849 207,570
---------- ---------- ----------
Income before income taxes........................................................ 29,433 27,400 19,875
Income tax expense................................................................ 9,911 9,179 6,712
---------- ---------- ----------
Net income........................................................................ $ 19,522 $ 18,221 $ 13,163
---------- ---------- ----------
---------- ---------- ----------
</TABLE>
See notes to financial statements.
F-3
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
STATEMENTS OF SHAREHOLDER'S EQUITY
<TABLE>
<CAPTION>
UNREALIZED
ADDITIONAL NET CAPITAL
COMMON CAPITAL GAINS RETAINED
STOCK PAID-IN (LOSSES) INCOME TOTAL
----------- ----------- ----------- ---------- ----------
($ IN THOUSANDS)
<S> <C> <C> <C> <C> <C>
Balance, December 31, 1992............................... $ 2,000 $ 45,787 $ -- $ 76,961 $ 124,748
Net income............................................. 13,163 13,163
Change in unrealized net capital gains
and losses............................................ 25,391 25,391
----------- ----------- ----------- ---------- ----------
Balance, December 31, 1993............................... 2,000 45,787 25,391 90,124 163,302
Net income............................................. 18,221 18,221
Change in unrealized net capital gains
and losses............................................ (32,282) (32,282)
----------- ----------- ----------- ---------- ----------
Balance, December 31, 1994............................... 2,000 45,787 (6,891) 108,345 149,241
Net income............................................. 19,522 19,522
Change in unrealized net capital gains
and losses............................................ 81,304 81,304
----------- ----------- ----------- ---------- ----------
Balance, December 31, 1995............................... $ 2,000 $ 45,787 $ 74,413 $ 127,867 $ 250,067
----------- ----------- ----------- ---------- ----------
----------- ----------- ----------- ---------- ----------
</TABLE>
See notes to financial statements.
F-4
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
STATEMENTS OF CASH FLOWS
<TABLE>
<CAPTION>
YEAR ENDED DECEMBER 31,
-------------------------------------
1995 1994 1993
----------- ----------- -----------
($ IN THOUSANDS)
<S> <C> <C> <C>
Cash flows from operating activities:
Net income................................................................... $ 19,522 $ 18,221 $ 13,163
Adjustments to reconcile net income to net cash from operating activities:
Realized capital losses (gains)............................................ 1,846 (778) (4,576)
Depreciation, amortization and other non-cash items........................ (22,348) (18,969) (14,618)
Interest credited to contractholder funds.................................. 26,924 27,233 26,476
Increase in reserve for policy benefits and contractholder funds........... 103,513 55,233 101,348
Increase in deferred acquisition costs..................................... (5,537) (6,850) (2,396)
Increase in accrued investment income...................................... (2,497) (102) (114)
Change in deferred income taxes............................................ (2,674) (5,993) 7,564
Changes in other operating assets and liabilities............................ 3,894 (18,082) (3,609)
----------- ----------- -----------
Net cash from operating activities....................................... 122,643 49,913 123,238
----------- ----------- -----------
Cash flows from investing activities:
Proceeds from sales
Fixed income securities available for sale................................. 13,526 49,903
Fixed income securities.................................................... 46,496
Investment collections
Fixed income securities available for sale................................. 30,871 54,796
Fixed income securities held to maturity................................... 3,067 17,186
Fixed income securities.................................................... 153,518
Mortgage loans............................................................. 6,499 9,744 2,382
Investment purchases
Fixed income securities available for sale................................. (142,205) (137,684)
Fixed income securities held to maturity................................... (32,046) (38,709)
Fixed income securities.................................................... (282,979)
Mortgage loans............................................................. (9,864) (10,132) (15,642)
Change in short-term investments, net........................................ (45) 41,528 4,254
Change in policy loans, net.................................................. (859) (2,133) 84
----------- ----------- -----------
Net cash from investing activities....................................... (131,056) (15,501) (91,887)
----------- ----------- -----------
Cash flows from financing activities:
Contractholder fund deposits................................................. 76,534 57,468 84,024
Contractholder fund withdrawals.............................................. (68,412) (92,574) (115,698)
----------- ----------- -----------
Net cash from financing activities....................................... 8,122 (35,106) (31,674)
----------- ----------- -----------
Net decrease in cash........................................................... (291) (694) (323)
Cash at beginning of year...................................................... 1,763 2,457 2,780
----------- ----------- -----------
Cash at end of year............................................................ $ 1,472 $ 1,763 $ 2,457
----------- ----------- -----------
----------- ----------- -----------
</TABLE>
See notes to financial statements.
F-5
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
NOTES TO FINANCIAL STATEMENTS
($ IN THOUSANDS)
1. ORGANIZATION AND NATURE OF OPERATIONS
Allstate Life Insurance Company of New York (the "Company") is wholly owned
by a wholly-owned subsidiary ("Parent") of Allstate Insurance Company
("Allstate"), a wholly-owned subsidiary of The Allstate Corporation (the
"Corporation"). On June 30, 1995, Sears, Roebuck and Co. ("Sears") distributed
its 80.3% ownership in the Corporation to Sears common shareholders through a
tax-free dividend (the "Distribution").
The Company markets life insurance and group and individual annuities in the
state of New York, with products consisting predominately of structured
settlement annuities sold through independent brokers. The Company also utilizes
Allstate agencies and direct marketing to distribute its traditional and
universal life and accident and disability insurance products. Additionally,
flexible premium deferred variable annuity contracts and certain single and
flexible premium annuities are marketed to individuals through the account
executives of Dean Witter Reynolds, Inc. ("Dean Witter") (Note 4).
The Company utilizes various modeling techniques in managing the
relationship between assets and liabilities. Structured settlement annuity
contracts issued by the Company are long-term in nature and involve fixed
guarantees relating to the amount and timing of benefit payments. In addition,
single and flexible premium annuity contracts issued by the Company are subject
to discretionary withdrawal or surrender by the contractholder, subject to
applicable surrender charges. The fixed income securities supporting these
obligations have been selected to meet the anticipated cash flow requirements of
the related liabilities; however, in a low interest rate environment, funds from
maturing investments, particularly those supporting long-term structured
settlement annuity obligations, may be reinvested at substantially lower
interest rates than those which prevailed when the funds were previously
invested. The Company employs strategies to minimize exposure to interest rate
risk and to maintain investments which are sufficiently liquid to meet
obligations to contractholders in various interest rate scenarios.
The Company monitors economic and regulatory developments which have the
potential to impact its business. Currently, there is proposed legislation which
would permit banks greater participation in securities businesses, which could
eventually present an increased level of competition for sales of the Company's
annuity contracts. Furthermore, the federal government may enact changes which
could possibly eliminate the tax-advantaged nature of annuities or eliminate
consumers' need for tax deferral, thereby reducing the incentive for customers
to purchase the Company's products. While it is not possible to predict the
outcome of such issues with certainty, management evaluates the likelihood of
various outcomes and develops strategies, as appropriate, to respond to such
challenges.
To conform with the 1995 presentation, certain items in the prior year's
financial statements and notes have been reclassified.
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
LIFE INSURANCE ACCOUNTING
The Company writes traditional life, accident and disability insurance. The
Company also writes long-duration insurance contracts with terms that are not
fixed and guaranteed, including single premium life insurance contracts, which
are considered universal life-type contracts. The Company also sells
long-duration contracts that
F-6
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
($ IN THOUSANDS)
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
do not involve significant risk of policyholder mortality or morbidity
(principally single and flexible premium fixed and variable annuities and
structured settlement annuities when sold without life contingencies), which are
considered investment contracts. Limited payment contracts (policies with
premiums paid over a period shorter than the contract period) primarily consist
of group annuities and structured settlement annuities, when sold with life
contingencies.
Premiums for traditional life insurance are recognized as revenue when due.
Accident and disability premiums are earned on a pro rata basis over the policy
period. Revenues on universal life-type contracts are comprised of contract
charges and fees and are recognized when assessed against the policyholder
account balance. Revenues on investment contracts include contract charges and
fees for contract administration and surrenders. These revenues are recognized
when levied against the contract balances. Gross premiums in excess of the net
premium on limited payment contracts are deferred and recognized over the
contract period.
The reserve for life insurance policy benefits, which relates to traditional
life, group annuities and structured settlement annuities with life
contingencies, and accident and disability insurance, is computed on the basis
of assumptions as to future investment yields, mortality, morbidity,
terminations and expenses. These assumptions, which for traditional life are
applied using the net level premium method, include provisions for adverse
deviation and generally vary by such characteristics as plan, year of issue and
policy duration. Reserve interest rates ranged from 6.2% to 9.5% during 1995. To
the extent that unrealized gains on available for sale securities would result
in a premium deficiency had those gains actually been realized, the related
increase in reserves is recorded as a reduction of the unrealized gains included
in shareholder's equity.
Contractholder funds arise from the issuance of individual contracts that
include an investment component, including most annuities and universal
life-type contracts. Payments received are recorded as interest-bearing
liabilities. Contractholder funds are equal to deposits received and interest
accrued to the benefit of the contractholder less withdrawals, mortality
charges, and administrative expenses. Credited interest rates on contractholder
funds ranged from 3.0% to 6.8% for those contracts with fixed interest rates and
from 3.6% to 8.5% for those with flexible rates during 1995.
Certain costs of acquiring insurance business, principally agents'
compensation, premium taxes, certain underwriting costs and direct mail
solicitation expenses, are deferred and amortized to income. For traditional
life, limited payment contracts and accident and disability, these costs are
amortized in proportion to the estimated revenues on such business. For
universal life-type and investment contracts, the costs are amortized in
relation to the present value of estimated gross profits on such business.
Changes in the amount or timing of estimated gross profits will result in
adjustments in the cumulative amortization of these costs. To the extent that
unrealized gains or losses on fixed income securities carried at fair value
would result in an adjustment of deferred acquisition costs had those gains or
losses actually been realized, the related unamortized deferred acquisition
costs are recorded as a reduction of the unrealized gains or losses included in
shareholder's equity.
F-7
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
($ IN THOUSANDS)
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
SEPARATE ACCOUNTS
The Company issues flexible premium deferred variable annuity contracts, the
assets and liabilities of which are legally segregated and reflected in the
accompanying statements of financial position as assets and liabilities of the
Separate Accounts. Assets and liabilities of the Separate Accounts represent
funds of Allstate Life of New York Variable Annuity Account and Allstate Life of
New York Variable Annuity Account II ("Separate Accounts"), unit investment
trusts registered with the Securities and Exchange Commission. The assets and
liabilities of the Separate Accounts are carried at fair value. Investment
income and realized capital gains and losses of the Separate Accounts accrue
directly to the contractholders and, therefore, are not included in the
accompanying statements of operations. Revenues to the Company from the Separate
Accounts consist of contract maintenance fees, administration fees and mortality
and expense risk charges.
INVESTMENTS
Fixed income securities include bonds and mortgage-backed securities. Fixed
income securities which may be sold prior to their contractual maturity
("available for sale") are carried at fair value. The difference between
amortized cost and fair value, net of deferred income taxes, certain deferred
acquisition costs and reserves for life insurance policy benefits, is reflected
as a component of shareholder's equity. Fixed income securities which the
Company has both the ability and positive intent to hold to maturity ("held to
maturity") are carried at amortized cost. Provisions are made to write down the
value of fixed income securities for declines in value that are other than
temporary. Such writedowns are included in realized capital gains and losses.
Mortgage loans are carried at outstanding principal balance, net of
unamortized premium or discount and valuation allowances. Valuation allowances
are established for impaired loans when it is probable that contractual
principal and interest will not be collected. Valuation allowances for impaired
loans reduce the carrying value to the fair value of the collateral or the
present value of the loan's expected future repayment cash flows, discounted at
the loan's original effective interest rate. Valuation allowances on loans not
considered to be impaired are established based on consideration of the
underlying collateral, borrower financial strength, current and future market
conditions and other factors. While the Company believes its mortgage loans were
carried at appropriate levels at December 31, 1995, further allowances may be
required if market conditions or other circumstances surrounding the loans
change.
Short-term investments are carried at cost which approximates fair value.
Policy loans are carried at the unpaid principal balances.
Investment income consists primarily of interest, which is recognized on an
accrual basis. Interest income on mortgage-backed securities is determined on
the effective yield method, based on estimated principal repayments. Accrual of
income is suspended for fixed income securities and mortgage loans that are in
default or when the receipt of interest payments is in doubt. Realized capital
gains and losses are determined on a specific identification basis.
F-8
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
($ IN THOUSANDS)
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
DERIVATIVE FINANCIAL INSTRUMENTS
The Company designates financial futures contracts as hedges of fixed income
securities and anticipated transactions when certain criteria are met. These
criteria require financial futures contracts to reduce the interest rate risk
associated with designated assets or anticipated transactions. In addition, at
the inception of the hedge and throughout the hedge period, high correlation
between changes in the market value of the financial future contract and the
fair value of, or interest income or expense associated with, the hedged item
must exist. The Company only hedges those anticipated transactions that are
probable of occurrence and whose significant terms and expected characteristics
can be identified.
When the hedged item is an existing asset, gains and losses on financial
futures contracts are deferred as an adjustment to the amortized cost basis of
the hedged item and are reported net of tax in shareholder's equity.
When the hedged item is an anticipated transaction, gains and losses on
financial futures contracts are deferred as other liabilities and accrued
expenses. Once the anticipated transaction occurs, the deferred gains or losses
are considered part of the amortized cost basis of the hedged asset.
Accordingly, they are recognized in net investment income over the life of the
hedged asset or are included in the recognition of gain or loss from disposition
of that asset.
Initial margin deposits are reported in short-term investments. Fees and
commissions on financial futures contracts are deferred as an adjustment to the
amortized cost basis of the hedged item.
If, subsequent to entering into a hedge transaction, the financial futures
contract becomes ineffective (including if the hedged item is sold or otherwise
extinguished), the Company terminates the contract position. Gains and losses on
these terminations are reported in realized capital gains (losses) in the period
they occur. The Company may also terminate financial futures contracts as a
result of other events or circumstances. Gains and losses on these terminations
are reported in shareholder's equity, consistent with the accounting for the
hedged item.
OFF-BALANCE-SHEET FINANCIAL INSTRUMENTS
Commitments to extend mortgage loans have only off-balance-sheet risk
because their contractual amounts are not recorded in the Company's statements
of financial position.
REINSURANCE
Certain premiums and policy benefits are ceded and reflected net of such
cessions in the statements of operations. Reinsurance recoverable and the
related reserves for policy benefits are reported separately in the statements
of financial position. Reinsurance ceded arrangements do not discharge the
Company as the primary insurer.
INCOME TAXES
The income tax provision is calculated under the liability method. Deferred
tax assets and liabilities are recorded based on the difference between the
financial statement and tax bases of assets and liabilities and the enacted tax
rates. The principal assets and liabilities giving rise to such differences are
insurance reserves and
F-9
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
($ IN THOUSANDS)
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
deferred policy acquisition costs. Deferred income taxes also arise from
unrealized capital gains or losses on fixed income securities carried at fair
value.
USE OF ESTIMATES
The preparation of the financial statements in conformity with generally
accepted accounting principles requires management to make estimates and
assumptions that affect the amounts reported in the financial statements and
accompanying notes. Actual results could differ from those estimates.
3. ACCOUNTING CHANGES
Effective January 1, 1995, the Company adopted SFAS No. 114, "Accounting by
Creditors for Impairment of a Loan" and SFAS No. 118, "Accounting by Creditors
for Impairment of a Loan-Income Recognition and Disclosures." SFAS No. 114
defines impaired loans as loans in which it is probable that a creditor will be
unable to collect all amounts contractually due under the terms of a loan
agreement and requires that impaired loans be measured based on the present
value of expected future cash flows discounted at the loan's effective interest
rate, at the loan's observable market price, or at the fair value of the
collateral. SFAS No. 118 amends SFAS No. 114 to allow a creditor to use existing
methods for recognizing interest income on impaired loans. The adoption of these
statements did not have a material impact on net income or financial position.
Effective December 31, 1993, the Company adopted SFAS No. 115, "Accounting
for Certain Investments in Debt and Equity Securities," which requires that
investments classified as available for sale be carried at fair value.
Previously, fixed income securities classified as available for sale were
carried at the lower of amortized cost or fair value, determined in the
aggregate. Unrealized holding gains and losses are reflected as a separate
component of shareholder's equity, net of deferred income taxes, certain life
deferred acquisition costs and reserves for life insurance policy benefits. The
net effect of adoption of this statement increased shareholder's equity at
December 31, 1993 by $25,391 and did not have a material impact on net income.
4. RELATED PARTY TRANSACTIONS
REINSURANCE
The Company cedes business to the Parent under reinsurance treaties.
Premiums and policy benefits ceded totaled $1,259 and $278 in 1995, $1,181 and
$1,877 in 1994, and $4,109 and $1,288 in 1993. Included in the reinsurance
recoverable at December 31, 1995 and 1994 are amounts due from the Parent of
$1,212 and $1,120, respectively.
STRUCTURED SETTLEMENT ANNUITIES
Allstate, through an affiliate, purchased $11,243, $7,568 and $24,778 of
structured settlement annuities from the Company in 1995, 1994 and 1993,
respectively. Included in premium income are $4,164, $1,221 and $7,170, for
1995, 1994 and 1993, respectively, for the amounts related to structured
settlement annuities with life contingencies. Additionally, the provision for
policy benefits was increased by approximately 94% of such premium received in
each of these years.
F-10
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
($ IN THOUSANDS)
4. RELATED PARTY TRANSACTIONS (CONTINUED)
BUSINESS OPERATIONS
The Company utilizes services and business facilities owned or leased, and
operated by Allstate in conducting its business activities. The Company
reimburses Allstate for the operating expenses incurred by Allstate on its
behalf. The cost to the Company is determined by various allocation methods and
is primarily related to the level of the services provided. Expenses allocated
to the Company were $21,288, $17,320 and $16,313 in 1995, 1994 and 1993,
respectively. A portion of these expenses related to the acquisition of
insurance business is deferred and amortized over the policy period.
DEAN WITTER
Dean Witter is the primary distributor of the Company's single and flexible
premium annuities. Dean Witter is also the distributor of flexible premium
deferred variable annuity contracts and the investment manager for the Dean
Witter Variable Investment Series, the fund in which the assets of the Separate
Accounts are invested. Additionally, Dean Witter loans funds to an affiliate of
the Parent under the terms of a strategic alliance.
5. INCOME TAXES
A consolidated federal income tax return will be filed by the Parent and its
life insurance subsidiaries, including the Company. Tax liabilities and benefits
realized by the consolidated group are allocated as generated by the respective
subsidiaries, whether or not such benefits generated by the subsidiaries would
be available on a separate return basis. The Corporation and its domestic
subsidiaries, including the Company, (the "Allstate Group"), will be eligible to
file a consolidated tax return beginning in the year 2000.
Prior to the Distribution, the Allstate Group joined with Sears and its
domestic business units (the "Sears Group") in the filing of a consolidated
federal income tax return (the "Sears Tax Group") and were parties to a federal
income tax allocation agreement (the "Tax Sharing Agreement"). As a member of
the Sears Tax Group, the Corporation was jointly and severally liable for the
consolidated income tax liability of the Sears Tax Group. Under the Tax Sharing
Agreement, the Company, through the Corporation, paid to or received from the
Sears Group the amount, if any, by which the Sears Tax Group's federal income
tax liability was affected by virtue of inclusion of the Allstate Group in the
consolidated federal income tax return. Effectively, this resulted in the
Company's annual income tax provision being computed as if the Company filed a
separate return, except that items such as net operating losses, capital losses,
or similar items, which might not be immediately recognizable in a separate
return, were allocated according to the Tax Sharing Agreement and reflected in
the Company's provision to the extent that such items reduced the Sears Tax
Group's federal tax liability.
The Allstate Group and Sears Group have entered into an agreement which
governs their respective rights and obligations with respect to federal income
taxes for all periods prior to the Distribution ("Consolidated Tax Years"). The
agreement provides that all Consolidated Tax Years will continue to be governed
by the Tax Sharing Agreement with respect to the Company's federal income tax
liability and taxes payable to or recoverable from the Sears Group.
F-11
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
($ IN THOUSANDS)
5. INCOME TAXES (CONTINUED)
The components of the deferred income tax assets and liabilities at December
31, 1995 and 1994 are as follows:
<TABLE>
<CAPTION>
1995 1994
---------- ----------
<S> <C> <C>
Deferred assets
Reserve for policy benefits............................................... $ 25,562 $ 21,447
Difference in tax bases of investments.................................... 1,536 1,708
Loss on disposal of discontinued operations............................... 376 378
Reserve for postretirement benefits....................................... 496 446
Unrealized loss on fixed income securities................................ 3,711
Other assets.............................................................. 1,701 2,402
---------- ----------
Total deferred assets................................................... 29,671 30,092
---------- ----------
Deferred liabilities
Unrealized gain on fixed income securities................................ (40,069)
Policy acquisition costs.................................................. (12,655) (12,116)
Prepaid commission expense................................................ (578) (520)
Other liabilities......................................................... (28) (13)
---------- ----------
Total deferred liabilities.............................................. (53,330) (12,649)
---------- ----------
Net deferred (liability) asset.......................................... $ (23,659) $ 17,443
---------- ----------
---------- ----------
</TABLE>
The Company has not established a valuation reserve as it is more likely
than not that the Company will produce sufficient taxable income in the future
to realize the deferred tax asset.
The components of income tax expense are as follows:
<TABLE>
<CAPTION>
YEAR ENDED DECEMBER 31,
-------------------------------
1995 1994 1993
--------- --------- ---------
<S> <C> <C> <C>
Current........................................................... $ 12,589 $ 15,172 $ 12,821
Deferred.......................................................... (2,678) (5,993) (6,109)
--------- --------- ---------
Income tax expense.............................................. $ 9,911 $ 9,179 $ 6,712
--------- --------- ---------
--------- --------- ---------
</TABLE>
The Company paid income taxes of $11,000, $27,682 and $13,079 in 1995, 1994
and 1993, respectively to the Parent under the Tax Sharing Agreement.
Additionally, the Company had income taxes payable to the Parent of $1,729 and
$141 at December 31, 1995 and 1994, respectively.
Prior to January 1, 1984, the Company was entitled to exclude certain
amounts from taxable income and accumulate such amounts in a "policyholder
surplus" account. The balance in this account at December 31, 1995 of
approximately $389 will result in taxes payable of $136 if distributed to the
Company's shareholder. The
F-12
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
($ IN THOUSANDS)
5. INCOME TAXES (CONTINUED)
Company has no plan to distribute amounts from the policyholder surplus account,
and no further additions to the account are allowed by the Tax Reform Act of
1984.
6. INVESTMENTS
In 1995, the Company transferred its held to maturity fixed income
securities portfolio, with an amortized cost of $644,005 to the available for
sale fixed income portfolio. The fair value of these fixed income securities was
$726,820, resulting in an increase to shareholder's equity of $82,815 after
adjustment for deferred income taxes, certain deferred acquisition costs and
reserves for life insurance policy benefits. While the Company's investment
philosophy has not changed, management chose to transfer these fixed income
securities to available for sale to maximize the Company's flexibility in
responding to changes in market conditions.
FAIR VALUES
The amortized cost, fair value and gross unrealized gains and losses for
fixed income securities are as follows:
<TABLE>
<CAPTION>
GROSS UNREALIZED
AMORTIZED --------------------- FAIR
DECEMBER 31, 1995 COST GAINS LOSSES VALUE
- -------------------------------------------------------- ------------ ---------- --------- ------------
<S> <C> <C> <C> <C>
Available for sale
U.S. government and agencies............................ $ 336,331 $ 99,750 $ 526 $ 435,555
State and municipal..................................... 36,002 2,831 92 38,741
Corporate............................................... 633,731 92,073 767 725,037
Mortgage-backed securities.............................. $ 213,354 12,370 164 225,560
------------ ---------- --------- ------------
Total available for sale............................ $ 1,219,418 $ 207,024 $ 1,549 $ 1,424,893
------------ ---------- --------- ------------
------------ ---------- --------- ------------
<CAPTION>
GROSS UNREALIZED
AMORTIZED --------------------- FAIR
DECEMBER 31, 1994 COST GAINS LOSSES VALUE
- -------------------------------------------------------- ------------ ---------- --------- ------------
<S> <C> <C> <C> <C>
Available for sale
U.S. government and agencies............................ $ 28,621 $ 299 $ 825 $ 28,095
State and municipal..................................... 33,939 303 1,024 33,218
Corporate............................................... 221,740 3,871 6,748 218,863
Mortgage-backed securities.............................. 184,218 1,188 8,564 176,842
------------ ---------- --------- ------------
Total available for sale............................ $ 468,518 $ 5,661 $ 17,161 $ 457,018
------------ ---------- --------- ------------
------------ ---------- --------- ------------
Held to maturity
U.S. government and agencies............................ $ 267,521 $ 5,203 $ 24,723 $ 248,001
Corporate............................................... 328,194 8,462 7,377 329,279
Mortgage-backed securities.............................. 5,644 92 16 5,720
------------ ---------- --------- ------------
Total held to maturity.............................. $ 601,359 $ 13,757 $ 32,116 $ 583,000
------------ ---------- --------- ------------
------------ ---------- --------- ------------
</TABLE>
F-13
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
($ IN THOUSANDS)
6. INVESTMENTS (CONTINUED)
SCHEDULED MATURITIES
The scheduled maturities for fixed income securities at December 31, 1995
are as follows:
<TABLE>
<CAPTION>
AMORTIZED FAIR
COST VALUE
------------ ------------
<S> <C> <C>
Due in one year or less................................................ $ 21,352 $ 21,841
Due after one year through five years.................................. 78,391 83,922
Due after five years through ten years................................. 165,998 182,739
Due after ten years.................................................... 740,323 910,831
------------ ------------
1,006,064 1,199,333
Mortgage-backed securities........................................... 213,354 225,560
------------ ------------
Total.............................................................. $ 1,219,418 $ 1,424,893
------------ ------------
------------ ------------
</TABLE>
Actual maturities may differ from those scheduled as a result of prepayments
by the issuers.
UNREALIZED NET CAPITAL GAINS AND LOSSES
Unrealized net capital gains and losses on fixed income securities available
for sale included in shareholder's equity at December 31, 1995 are as follows:
<TABLE>
<CAPTION>
AMORTIZED FAIR UNREALIZED NET
COST VALUE GAINS/(LOSSES)
------------ ------------ ---------------
<S> <C> <C> <C>
Fixed income securities available for sale........... $ 1,219,418 $ 1,424,893 $ 205,475
------------ ------------
------------ ------------
Reserves for life insurance policy benefits.......... (89,600)
Deferred income taxes................................ (40,068)
Deferred acquisition costs........................... (1,394)
---------------
Total............................................ $ 74,413
---------------
---------------
</TABLE>
The change in unrealized net capital gains and losses for fixed income
securities is as follows:
<TABLE>
<CAPTION>
YEAR ENDED
DECEMBER 31,
----------------------
1995 1994
---------- ----------
<S> <C> <C>
Fixed income securities available for sale................................. $ 216,975 $ (52,740)
Reserves for life insurance policy benefits................................ (89,600)
Deferred income taxes...................................................... (43,779) 17,382
Deferred acquisition costs................................................. (2,292) 3,076
---------- ----------
Change in unrealized net capital gains and losses...................... $ 81,304 $ (32,282)
---------- ----------
---------- ----------
</TABLE>
F-14
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
($ IN THOUSANDS)
6. INVESTMENTS (CONTINUED)
INVESTMENT INCOME
Investment income by type of investment is as follows:
<TABLE>
<CAPTION>
YEAR ENDED DECEMBER 31,
--------------------------------
1995 1994 1993
---------- --------- ---------
<S> <C> <C> <C>
Fixed income securities......................................... $ 95,212 $ 88,149 $ 87,524
Mortgage loans.................................................. 7,999 8,092 7,435
Policy loans.................................................... 1,309 1,153 1,017
Short-term...................................................... 1,435 1,093 1,385
---------- --------- ---------
Investment income, before expense............................... 105,955 98,487 97,361
Investment expense.............................................. 1,571 1,576 1,405
---------- --------- ---------
Net investment income........................................... $ 104,384 $ 96,911 $ 95,956
---------- --------- ---------
---------- --------- ---------
</TABLE>
REALIZED CAPITAL GAINS AND LOSSES
Realized capital gains and losses on investments are as follows:
<TABLE>
<CAPTION>
YEAR ENDED DECEMBER 31,
-------------------------------
1995 1994 1993
--------- --------- ---------
<S> <C> <C> <C>
Fixed income securities............................................. $ 422 $ 1,570 $ 5,657
Mortgage loans...................................................... (2,268) (792) (1,081)
--------- --------- ---------
Realized capital (losses) gains................................... (1,846) 778 4,576
Income tax (benefit) expense...................................... (646) 272 1,602
--------- --------- ---------
Realized capital (losses) gains................................... $ (1,200) $ 506 $ 2,974
--------- --------- ---------
--------- --------- ---------
</TABLE>
PROCEEDS FROM SALES OF FIXED INCOME SECURITIES
The proceeds from sales of investments in fixed income securities, excluding
calls, and related gross realized gains and losses are as follows:
<TABLE>
<CAPTION>
YEAR ENDED DECEMBER 31,
-------------------------------
1995 1994 1993
--------- --------- ---------
<S> <C> <C> <C>
Proceeds.......................................................... $ 13,526 $ 49,903 $ 46,496
--------- --------- ---------
Gross realized gains.............................................. $ 172 $ 1,743 $ 1,780
Gross realized losses............................................. (105) (973) (30)
--------- --------- ---------
Net realized gains............................................ $ 67 $ 770 $ 1,750
--------- --------- ---------
--------- --------- ---------
</TABLE>
F-15
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
($ IN THOUSANDS)
INVESTMENT LOSS PROVISIONS AND VALUATION RESERVES
Pretax provisions for investment losses, principally relating to other than
temporary declines in value on fixed income securities, and valuation allowances
on mortgage loans were $2,448, $627 and $1,200 in 1995, 1994 and 1993,
respectively.
MORTGAGE LOAN IMPAIRMENT
A mortgage loan is impaired when it is probable that the Company will be
unable to collect all amounts due according to the contractual terms of the loan
agreement. The components of impaired loans at December 31, 1995 are as follows:
<TABLE>
<S> <C>
Net carrying value of impaired loans with valuation allowances.......... $ 9,353
Less: valuation allowances.............................................. (1,934)
Without valuation allowances............................................ 2,228
---------
Total............................................................... $ 9,647
---------
---------
</TABLE>
All impaired loans were measured at the fair value of the collateral at
December 31, 1995.
Activity in the valuation allowance for all mortgage loans for the year
ended December 31, 1995 is summarized as follows:
<TABLE>
<S> <C>
Balance at January 1.................................................... $ 1,179
Additions............................................................. 1,930
Direct write-downs.................................................... (1,157)
---------
Balance at December 31.................................................. $ 1,952
---------
---------
</TABLE>
Interest income is recognized on a cash basis for impaired loans carried at
the fair value of collateral, beginning at the time of impairment. For other
impaired loans, interest is accrued based on the net carrying value. The Company
recognized interest income of $1,398 on impaired loans during the period, of
which $1,193 was received in cash. The average recorded investment in impaired
loans during the period was $8,900.
F-16
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
($ IN THOUSANDS)
INVESTMENT CONCENTRATION AND OTHER INVESTMENT INFORMATION
The Company maintains a diversified portfolio of municipal bonds. The
largest concentrations in the portfolio are presented below. Except for the
following, holdings in no other state exceed 5.0% of the carrying value of the
portfolio at December 31, 1995.
<TABLE>
<CAPTION>
1995 1994
--------- ---------
<S> <C> <C>
Ohio................................................................................. 26.8% 26.9%
California........................................................................... 23.1 23.0
Illinois............................................................................. 19.7 22.0
Maryland............................................................................. 7.6 9.0
Maine................................................................................ 5.7 5.9
New York............................................................................. 5.3 6.1
Minnesota............................................................................ 5.2 --
</TABLE>
The Company's mortgage loans are collateralized primarily by a variety of
commercial real estate property types, located throughout the United States.
Substantially all of the commercial mortgage loans are non-recourse to the
borrower. The three states with the largest portion of the commercial mortgage
loan portfolio are as listed below. Holdings in no other state exceed 5.0% of
the portfolio at December 31:
(% of commercial mortgage portfolio carrying value)
<TABLE>
<CAPTION>
1995 1994
--------- ---------
<S> <C> <C>
California........................................................................... 56.7% 58.5%
Illinois............................................................................. 22.9 16.3
New York............................................................................. 11.1 10.9
</TABLE>
The types of properties collateralizing the mortgage loans are as follows:
(% of commercial mortgage portfolio carrying value)
<TABLE>
<CAPTION>
1995 1994
--------- ---------
<S> <C> <C>
Retail............................................................................. 39.5% 31.4%
Warehouse.......................................................................... 32.1 36.8
Office............................................................................. 16.0 19.3
Industrial......................................................................... 6.9 7.1
Apartment.......................................................................... 4.5 4.4
Other.............................................................................. 1.0 1.0
--------- ---------
100.0% 100.0%
--------- ---------
--------- ---------
</TABLE>
At December 31, 1995, fixed income securities with a carrying value of
$1,988 were on deposit with regulatory authorities as required by law.
During 1995, the Company held one fixed income security which exceeded 10%
of shareholder's equity, the State of Israel Government Loan Trust, with a fair
value of $83,980. This security, issued through the United States
F-17
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
($ IN THOUSANDS)
Agency for International Development, is secured by the credit of the United
States government and is backed by government guaranteed loans to Israel.
7. FINANCIAL INSTRUMENTS
In the normal course of business, the Company invests in various financial
assets, incurs various financial liabilities and enters into agreements
involving derivative financial instruments. The fair value estimates of
financial instruments presented below are not necessarily indicative of the
amounts the Company might pay or receive in actual market transactions.
Potential taxes and other transaction costs have not been considered in
estimating fair value. As a number of the Company's significant assets,
including deferred acquisition costs and deferred income taxes, and liabilities,
including traditional and universal life-type life insurance reserves, are not
considered financial instruments, the disclosures that follow do not reflect the
fair value of the Company as a whole.
FINANCIAL ASSETS
<TABLE>
<CAPTION>
AT DECEMBER 31, 1995 CARRYING VALUE FAIR VALUE
- -------------------------------------------------------------------- --------------- ------------
<S> <C> <C>
Fixed income securities............................................. $ 1,424,893 $ 1,424,893
Mortgage loans...................................................... 86,394 89,517
Short-term investments.............................................. 7,257 7,257
Policy loans........................................................ 22,785 22,785
Accrued investment income........................................... 18,828 18,828
Cash................................................................ 1,472 1,472
Other financial assets.............................................. 7,169 7,169
Separate Accounts................................................... 220,141 220,141
<CAPTION>
AT DECEMBER 31, 1994 CARRYING VALUE FAIR VALUE
- -------------------------------------------------------------------- --------------- ------------
<S> <C> <C>
Fixed income securities............................................. $ 1,058,377 $ 1,040,018
Mortgage loans...................................................... 86,435 80,785
Short-term investments.............................................. 7,212 7,212
Policy loans........................................................ 20,500 20,500
Accrued investment income........................................... 16,518 16,518
Cash................................................................ 1,763 1,763
Other financial assets.............................................. 4,763 4,763
Separate Accounts................................................... 175,918 175,918
</TABLE>
Carrying value and fair value include the effects of derivative financial
instruments where applicable.
Fair value for fixed income securities are based on quoted market prices
where available. Non-quoted securities are valued based on discounted cash flows
using current interest rates for similar securities. Mortgage loans are valued
based on discounted contractual cash flows. Discount rates are selected using
current rates at which loans would be made to borrowers with similar
characteristics, using similar properties as collateral. Loans that exceed 100%
loan-to-value are valued at the estimated fair value of the underlying
collateral. Short-term investments are highly liquid investments with maturities
of less than one year whose carrying value approximates fair value. The fair
value of policy loans is estimated at book value since the loan may be repaid at
any time.
F-18
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
($ IN THOUSANDS)
7. FINANCIAL INSTRUMENTS (CONTINUED)
Accrued investment income and other financial assets are valued at their
carrying value as they are short-term in nature. Assets of the Separate Accounts
are carried in the statements of financial position at fair value.
FINANCIAL LIABILITIES
The Company had the following financial liabilities:
<TABLE>
<CAPTION>
AT DECEMBER 31, 1995 CARRYING VALUE FAIR VALUE
- ---------------------------------------------------------------------- --------------- ----------
<S> <C> <C>
Contractholder funds on investment contracts.......................... $ 366,481 $ 392,111
Other financial liabilities........................................... 5,383 5,383
Separate Accounts..................................................... 220,141 220,141
<CAPTION>
AT DECEMBER 31, 1994 CARRYING VALUE FAIR VALUE
- ---------------------------------------------------------------------- --------------- ----------
<S> <C> <C>
Contractholder funds on investment contracts.......................... $ 368,780 $ 362,221
Other financial liabilities........................................... 7,725 7,725
Separate Accounts..................................................... 175,918 175,918
</TABLE>
The fair value of contractholder funds on investment contracts is based on
the terms of the underlying contracts. Reserves on investment contracts with no
stated maturities (single premium and flexible premium deferred annuities) are
valued at the account balance less surrender charge. The fair value of immediate
annuities and annuities without life contingencies with fixed terms are
estimated using discounted cash flow calculations based on interest rates
currently offered for contracts with similar terms and durations. Other
financial liabilities are generally valued at their carrying value due to their
short-term nature. Separate Accounts liabilities are carried at the fair value
of the underlying assets.
DERIVATIVE FINANCIAL INSTRUMENTS
The Company uses financial futures contracts to reduce its exposure to
interest rate risk on its invested assets, as well as to improve asset/liability
management. The Company does not hold or issue these instruments for trading
purposes. The following table summarizes the contract or notional amount and
carrying value of the Company's financial futures contracts:
<TABLE>
<CAPTION>
CONTRACT/NOTIONAL CARRYING VALUE
AT DECEMBER 31, 1995 AMOUNT ASSET/(LIABILITY)
- --------------------------------------------------------------- ----------------- -----------------
<S> <C> <C>
Financial futures.............................................. $ 22,900 $ 576
<CAPTION>
CONTRACT/NOTIONAL CARRYING VALUE
AT DECEMBER 31, 1994 AMOUNT ASSET/(LIABILITY)
- --------------------------------------------------------------- ----------------- -----------------
<S> <C> <C>
Financial futures.............................................. $ 20,700 $ (65)
</TABLE>
The contract or notional amounts are used to calculate the exchange of
contractual payments under the agreements and are not representative of the
potential gain or loss on these agreements.
Financial futures contracts are commitments to either purchase or sell
designated financial instruments at a future date for a specified price or
yield. They may be settled in cash or through delivery. As part of its
asset/liability
F-19
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
($ IN THOUSANDS)
7. FINANCIAL INSTRUMENTS (CONTINUED)
management, the Company generally utilizes futures contracts to hedge its
interest rate risk related to anticipatory investment purchases. Hedges of
anticipatory transactions pertain to identified transactions which are probable
to occur and are generally completed within ninety days. Futures contracts have
limited off-balance-sheet credit exposure as they are executed on organized
exchanges and require security deposits, as well as the daily cash settlement of
margins.
Market risk is the risk that future changes in market conditions may cause
an instrument to become less valuable or more costly to settle. Market risk
exists for the financial futures contracts that the Company currently holds. The
Company mitigates this risk through established risk limits set by senior
management. In addition, the change in the value of the Company's financial
futures contracts are generally offset by the change in the value of certain
on-balance-sheet items or anticipated transactions.
OFF-BALANCE-SHEET FINANCIAL INSTRUMENTS
Commitments to extend new mortgage loans are agreements to lend to a
customer provided there is no violation of any condition established in the
contract. The Company enters these agreements to commit to future loan fundings
at a predetermined interest rate. Commitments generally have fixed expiration
dates or other termination clauses. Commitments to extend mortgage loans, which
are secured by the underlying properties, are valued based on estimates of fees
charged by other institutions to make similar commitments to similar borrowers.
At December 31, 1994, the Company had $3,075 in mortgage loan commitments which
had a fair value of $31. No such commitments existed at December 31, 1995.
8. BENEFIT PLANS
PENSION PLANS
Defined benefit pension plans, sponsored by Allstate, cover all domestic
full-time employees and certain part-time employees. Benefits under the pension
plans are based upon the employee's length of service, average annual
compensation and estimated social security retirement benefits. Allstate's
funding policy for the pension plans is to make annual contributions in
accordance with accepted actuarial cost methods. The costs to the Company
included in income were $446, $344 and $340 for the pension plans in 1995, 1994
and 1993, respectively.
POSTRETIREMENT BENEFITS OTHER THAN PENSIONS
Allstate provides certain health care and life insurance benefits for
retired employees. Generally, qualified employees may become eligible for these
benefits if they retire in accordance with Allstate's established retirement
policy and are continuously insured under Allstate's group plans or other
approved plans for 10 or more years prior to retirement. Allstate shares the
cost of the retiree medical benefits with retirees based on years of service,
with the Company's share being subject to a 5% limit on annual medical cost
inflation after retirement. Allstate's postretirement benefit plans currently
are not funded. Allstate has the right to modify or terminate these plans.
F-20
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
($ IN THOUSANDS)
8. BENEFIT PLANS (CONTINUED)
PROFIT SHARING FUND
Employees of Allstate and its domestic subsidiaries are also eligible to
become members of the Savings and Profit Sharing Fund of Allstate Employees
("Allstate Plan"). Allstate contributions are based on 6% of consolidated
income, as defined, with Allstate contributions limited to 70% of eligible
deposits. The Allstate Plan includes an Employee Stock Ownership Plan ("Allstate
ESOP") to pre-fund a portion of the Company's anticipated contribution through
2004. The Allstate Plan and the Allstate ESOP split from The Savings and Profit
Sharing Fund of Sears Employees, which included a leveraged employee stock
ownership plan ("Sears ESOP") feature, on June 30, 1995, the date of the
Distribution. Fifty percent of the unallocated shares of the Sears ESOP and 50%
of the amount of the Sears ESOP debt (payable to Sears) were transferred to the
Allstate Plan. In connection with this transfer, Allstate paid Sears $327
million, an amount equal to 50% of the Sears ESOP debt. Concurrently, Allstate
received a note from the Allstate ESOP for a like principal amount with interest
rate and maturity identical to the debt obligation transferred from the Sears
ESOP. Allstate will make contributions to the Allstate ESOP annually in the
amount necessary to allow the Allstate ESOP to fund interest and principal
payments.
The Company's contribution to The Savings and Profit Sharing Fund of
Allstate Employees was $141 in 1995. The costs to the Company prior to the
Distribution and the split from the Savings and Profit Sharing Fund of Sears
Employees were $123 and $176 in 1994 and 1993, respectively.
EARLY RETIREMENT PROGRAM
During 1994, Allstate offered a voluntary early retirement incentive program
to eligible home office employees. The Company's portion of the total cost of
the program of $1,210 was charged to 1994 income.
9. STATUTORY FINANCIAL INFORMATION
The following tables reconcile net income and shareholder's equity as
reported herein in conformity with generally accepted accounting principles with
statutory net income and capital and surplus, determined in accordance with
statutory accounting practices prescribed or permitted by insurance regulatory
authorities:
<TABLE>
<CAPTION>
NET INCOME
-------------------------------
YEAR ENDED DECEMBER 31,
-------------------------------
1995 1994 1993
--------- --------- ---------
<S> <C> <C> <C>
Balance per generally accepted accounting principles.............. $ 19,522 $ 18,221 $ 13,163
Deferred acquisition costs...................................... (5,537) (6,849) (2,397)
Income taxes.................................................... (3,109) (8,337) (6,074)
Non-admitted assets and statutory reserves...................... 12,786 6,900 20,157
Other postretirement and postemployment benefits................ 71 105 (54)
Other........................................................... (533) 901 1,236
--------- --------- ---------
Balance per statutory accounting practices........................ $ 23,200 $ 10,941 $ 26,031
--------- --------- ---------
--------- --------- ---------
</TABLE>
F-21
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
($ IN THOUSANDS)
9. STATUTORY FINANCIAL INFORMATION (CONTINUED)
<TABLE>
<CAPTION>
SHAREHOLDER'S EQUITY
----------------------
DECEMBER 31,
----------------------
1995 1994
---------- ----------
<S> <C> <C>
Balance per generally accepted accounting principles....................... $ 250,067 $ 149,241
Deferred acquisition costs............................................... (53,944) (50,699)
Income taxes............................................................. 20,839 (17,443)
Unrealized net capital gains (losses).................................... (114,500) 11,500
Non-admitted assets and statutory reserves............................... 43,624 31,074
Other postretirement and postemployment benefits......................... 1,058 1,036
Other.................................................................... 1,153 106
---------- ----------
Balance per statutory accounting practices................................. $ 148,297 $ 124,815
---------- ----------
---------- ----------
</TABLE>
PERMITTED STATUTORY ACCOUNTING PRACTICES
The Company prepares its statutory financial statements in accordance with
accounting principles and practices prescribed or permitted by the New York
state insurance department. Prescribed statutory accounting principles include a
variety of publications of the National Association of Insurance Commissioners,
as well as state laws, regulations and general administrative rules. Permitted
statutory accounting practices encompass all accounting practices not so
prescribed. The Company does not follow any permitted statutory accounting
practices that have a material effect on statutory surplus or risk-based
capital.
DIVIDENDS
The ability of the Company to pay dividends is dependent, in part, on
business conditions, income, cash requirements of the Company and other relevant
factors and is subject to New York Insurance Regulations. Under New York
Insurance Law, a notice of intention to distribute any dividend must be filed
with the New York Superintendent of Insurance not less than 30 days prior to the
distribution. Such proposed declaration is subject to the Superintendent's
disapproval.
F-22
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
SCHEDULE IV--REINSURANCE
($ IN THOUSANDS)
YEAR ENDED DECEMBER 31, 1995
<TABLE>
<CAPTION>
GROSS AMOUNT CEDED NET AMOUNT
------------ ------------ ------------
<S> <C> <C> <C>
Life insurance in force..................................................... $ 8,513,295 $ 398,025 $ 8,115,270
------------ ------------ ------------
------------ ------------ ------------
Premiums and contract charges:
Life and annuities........................................................ $ 146,732 $ 1,246 $ 145,486
Accident and health....................................................... 3,731 901 2,830
------------ ------------ ------------
$ 150,463 $ 2,147 $ 148,316
------------ ------------ ------------
------------ ------------ ------------
</TABLE>
YEAR ENDED DECEMBER 31, 1994
<TABLE>
<CAPTION>
GROSS AMOUNT CEDED NET AMOUNT
------------ ------------ ------------
<S> <C> <C> <C>
Life insurance in force..................................................... $ 7,598,374 $ 321,623 $ 7,276,751
------------ ------------ ------------
------------ ------------ ------------
Premiums and contract charges:
Life and annuities........................................................ $ 87,562 $ 1,193 $ 86,369
Accident and health....................................................... 3,276 1,005 2,271
------------ ------------ ------------
$ 90,838 $ 2,198 $ 88,640
------------ ------------ ------------
------------ ------------ ------------
</TABLE>
YEAR ENDED DECEMBER 31, 1993
<TABLE>
<CAPTION>
GROSS AMOUNT CEDED NET AMOUNT
------------ ------------ ------------
<S> <C> <C> <C>
Life insurance in force..................................................... $ 6,853,083 $ 1,746,724 $ 5,106,359
------------ ------------ ------------
------------ ------------ ------------
Premiums and contract charges:
Life and annuities........................................................ $ 128,816 $ 4,122 $ 124,694
Accident and health....................................................... 3,026 807 2,219
------------ ------------ ------------
$ 131,842 $ 4,929 $ 126,913
------------ ------------ ------------
------------ ------------ ------------
</TABLE>
F-23
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
SCHEDULE V--VALUATION AND QUALIFYING ACCOUNTS
($ IN THOUSANDS)
<TABLE>
<CAPTION>
BALANCE AT CHARGED TO BALANCE AT
BEGINNING COSTS AND END OF
DESCRIPTION OF PERIOD EXPENSES DEDUCTION PERIOD
- ------------------------------------------------- ----------- ----------- ----------- -----------
<S> <C> <C> <C> <C>
Year Ended December 31, 1995
Allowance for estimated losses on mortgage
loans......................................... $ 1,179 $ 2,170 $ 1,397 $ 1,952
Year Ended December 31, 1994
Allowance for estimated losses on mortgage
loans......................................... $ 2,297 $ 667 $ 1,785 $ 1,179
Year Ended December 31, 1993
Allowance for estimated losses on mortgage
loans......................................... $ 2,531 $ 1,225 $ 1,459 $ 2,297
</TABLE>
F-24
<PAGE>
[This page left blank intentionally]
F-25
<PAGE>
INDEPENDENT AUDITORS' REPORT
TO THE BOARD OF DIRECTORS AND SHAREHOLDER OF
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK:
We have audited the accompanying Statement of Net Assets of Allstate Life of
New York Variable Annuity Account II (the "Account") as of December 31, 1995,
and the related Statements of Operations for the year then ended and Changes in
Net Assets for each of the two years in the period ended December 31, 1995 of
the Money Market, High Yield, Equity, Quality Income Plus, Strategist, Dividend
Growth, Utilities, European Growth, Capital Growth, Global Dividend Growth and
Pacific Growth portfolios that comprise the Account. These financial statements
are the responsibility of the Account's management. Our responsibility is to
express an opinion on these financial statements based on our audits.
We conducted our audits in accordance with generally accepted auditing
standards. Those standards require that we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements. Our procedures included
confirmation of securities owned at December 31, 1995. An audit also includes
assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall financial statement presentation.
We believe that our audits provide a reasonable basis for our opinion.
In our opinion, such financial statements present fairly, in all material
respects, the financial position of the Account as of December 31, 1995, and the
results of its operations for the year then ended and the changes in its net
assets for each of the two years in the period ended December 31, 1995 of each
of the portfolios comprising the Account, in conformity with generally accepted
accounting principles.
/s/ DELOITTE & TOUCHE LLP
Chicago, Illinois
March 1, 1996
F-26
<PAGE>
ALLSTATE LIFE OF NEW YORK VARIABLE ANNUITY ACCOUNT II
STATEMENT OF NET ASSETS
DECEMBER 31, 1995
($ and shares in thousands)
<TABLE>
<CAPTION>
ASSETS
<S> <C>
Investments in the Dean Witter Variable Investment Series:
Money Market Portfolio
11,372 shares (cost $11,372).................................................... $ 11,372
High Yield Portfolio
1,128 shares (cost $7,512)...................................................... 7,069
Equity Portfolio
566 shares (cost $12,135)....................................................... 15,346
Quality Income Plus Portfolio
3,141 shares (cost $33,420)..................................................... 34,413
Strategist Portfolio
2,366 shares (cost $29,318)..................................................... 29,450
Dividend Growth Portfolio
3,249 shares (cost $40,102)..................................................... 50,653
Utilities Portfolio
1,669 shares (cost $21,721)..................................................... 24,507
European Growth Portfolio
623 shares (cost $8,737)........................................................ 10,924
Capital Growth Portfolio
214 shares (cost $2,564)........................................................ 3,258
Global Dividend Growth Portfolio
858 shares (cost $8,748)........................................................ 10,033
Pacific Growth Portfolio
575 shares (cost $5,525)........................................................ 5,576
---------
Total assets.................................................................. 202,601
LIABILITIES
Payable to Allstate Life Insurance Company of New York --
accrued contract maintenance charges.............................................. 70
---------
Net assets.................................................................... $ 202,531
---------
---------
</TABLE>
SEE NOTES TO FINANCIAL STATEMENTS.
F-27
<PAGE>
ALLSTATE LIFE OF NEW YORK VARIABLE ANNUITY ACCOUNT II
STATEMENT OF OPERATIONS
YEAR ENDED DECEMBER 31, 1995
<TABLE>
<CAPTION>
QUALITY
MONEY INCOME DIVIDEND
MARKET HIGH YIELD EQUITY PLUS STRATEGIST GROWTH
($ in thousands) PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
--------- ----------- --------- --------- ----------- ---------
<S> <C> <C> <C> <C> <C> <C>
INVESTMENT INCOME:
Dividends......................................... $ 606 $ 728 $ 130 $ 2,193 $ 2,598 $ 2,027
Less charges from Allstate Life of New York:
Mortality and expense risk...................... (137) (73) (148) (391) (360) (534)
Administrative expense.......................... (11) (6) (12) (31) (29) (43)
--------- ----- --------- --------- ----------- ---------
Net investment income (loss)...................... 458 649 (30) 1,771 2,209 1,450
--------- ----- --------- --------- ----------- ---------
REALIZED AND UNREALIZED GAINS AND LOSSES ON
INVESTMENTS:
Realized gains and losses from sales of
investments:
Proceeds from sales............................. 6,142 360 1,117 3,315 4,144 2,614
Cost of investments sold........................ (6,142) (388) (1,053) (3,515) (4,184) (2,259)
--------- ----- --------- --------- ----------- ---------
Net realized gains and losses....................... -- (28) 64 (200) (40) 355
--------- ----- --------- --------- ----------- ---------
Change in unrealized gains and losses............... -- 96 3,993 4,812 94 10,707
--------- ----- --------- --------- ----------- ---------
Net gains and losses on investments................. -- 68 4,057 4,612 54 11,062
--------- ----- --------- --------- ----------- ---------
CHANGE IN NET ASSETS RESULTING FROM OPERATIONS...... $ 458 $ 717 $ 4,027 $ 6,383 $ 2,263 $ 12,512
--------- ----- --------- --------- ----------- ---------
--------- ----- --------- --------- ----------- ---------
</TABLE>
SEE NOTES TO FINANCIAL STATEMENTS.
F-28
<PAGE>
<TABLE>
<CAPTION>
GLOBAL
EUROPEAN CAPITAL DIVIDEND PACIFIC
UTILITIES GROWTH GROWTH GROWTH GROWTH
($ IN THOUSANDS) PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO TOTAL
--------- ----------- ----------- ----------- ----------- ----------
<S> <C> <C> <C> <C> <C> <C>
INVESTMENT INCOME:
Dividends....................................... $ 965 $ 420 $ 17 $ 209 $ 38 $ 9,931
Less charges from Allstate Life of New York:
Mortality and expense risk.................... (275) (121) (36) (102) (56) (2,233)
Administrative expense........................ (22) (10) (3) (8) (4) (179)
--------- ----------- ----------- ----------- ----------- ----------
Net investment income (loss).................. 668 289 (22) 99 (22) 7,519
--------- ----------- ----------- ----------- ----------- ----------
REALIZED AND UNREALIZED GAINS AND LOSSES ON
INVESTMENTS:
Realized gains and losses from sales of
investments:
Proceeds from sales........................... 2,720 1,047 859 328 362 23,008
Cost of investments sold...................... (2,727) (877) (766) (307) (377) (22,595)
--------- ----------- ----------- ----------- ----------- ----------
Net realized gains and losses..................... (7) 170 93 21 (15) 413
--------- ----------- ----------- ----------- ----------- ----------
Change in unrealized gains and losses............. 4,653 1,574 715 1,399 222 28,265
--------- ----------- ----------- ----------- ----------- ----------
Net gains and losses on investments............... 4,646 1,744 808 1,420 207 28,678
--------- ----------- ----------- ----------- ----------- ----------
CHANGE IN NET ASSETS RESULTING FROM OPERATIONS.... $ 5,314 $ 2,033 $ 786 $ 1,519 $ 185 $ 36,197
--------- ----------- ----------- ----------- ----------- ----------
--------- ----------- ----------- ----------- ----------- ----------
</TABLE>
F-29
<PAGE>
ALLSTATE LIFE OF NEW YORK VARIABLE ANNUITY ACCOUNT II
STATEMENT OF CHANGES IN NET ASSETS
YEAR ENDED DECEMBER 31, 1995
<TABLE>
<CAPTION>
QUALITY
MONEY HIGH INCOME DIVIDEND
($ and units in thousands, MARKET YIELD EQUITY PLUS STRATEGIST GROWTH
except value per unit) PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
--------- --------- --------- --------- --------- ---------
<S> <C> <C> <C> <C> <C> <C>
FROM OPERATIONS:
Net investment income (loss).................... $ 458 $ 649 $ (30) $ 1,771 $ 2,209 $ 1,450
Net realized gains and losses................... (28) 64 (200) (40) 355
Net change in unrealized gains and losses....... 96 3,993 4,812 94 10,707
--------- --------- --------- --------- --------- ---------
458 717 4,027 6,383 2,263 12,512
--------- --------- --------- --------- --------- ---------
FROM CAPITAL TRANSACTIONS:
Deposits........................................ 2,335 893 2,125 1,790 1,074 4,864
Benefit payments................................ (91) (15) (31) (325) (43) (690)
Payments on termination......................... (916) (160) (675) (1,603) (1,213) (1,952)
Contract maintenance charges.................... (5) (4) (10) (21) (22) (34)
Transfers among portfolios and with the Fixed
Account, net................................... (2,530) 1,027 428 (439) (1,810) 990
--------- --------- --------- --------- --------- ---------
(1,207) 1,741 1,837 (598) (2,014) 3,178
--------- --------- --------- --------- --------- ---------
Increase (decrease) in net assets................. (749) 2,458 5,864 5,785 249 15,690
Net assets, beginning of period................... 12,117 4,609 9,477 28,616 29,191 34,945
--------- --------- --------- --------- --------- ---------
Net assets, end of period......................... $ 11,368 $7,067 $ 15,341 $ 34,401 $29,440 $ 50,635
--------- --------- --------- --------- --------- ---------
--------- --------- --------- --------- --------- ---------
NET ASSET VALUE PER UNIT, END OF PERIOD........... $ 11.65 $21.86 $ 25.86 $ 16.37 $ 16.92 $ 21.51
--------- --------- --------- --------- --------- ---------
--------- --------- --------- --------- --------- ---------
UNITS OUTSTANDING, END OF PERIOD.................. 975 323 593 2,101 1,740 2,355
--------- --------- --------- --------- --------- ---------
--------- --------- --------- --------- --------- ---------
</TABLE>
SEE NOTES TO FINANCIAL STATEMENTS.
F-30
<PAGE>
<TABLE>
<CAPTION>
GLOBAL
EUROPEAN CAPITAL DIVIDEND PACIFIC
($ and units in thousands, UTILITIES GROWTH GROWTH GROWTH GROWTH
except value per unit) PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO TOTAL
--------- --------- --------- --------- --------- ----------
<S> <C> <C> <C> <C> <C> <C>
FROM OPERATIONS:
Net investment income (loss).................... $ 668 $ 289 $ (22) $ 99 $ (22) $ 7,519
Net realized gains and losses................... (7) 170 93 21 (15) 413
Net change in unrealized gains and losses....... 4,653 1,574 715 1,399 222 28,265
--------- --------- --------- --------- --------- ----------
5,314 2,033 786 1,519 185 36,197
--------- --------- --------- --------- --------- ----------
FROM CAPITAL TRANSACTIONS:
Deposits........................................ 898 990 345 1,437 927 17,678
Benefit payments................................ (194) (67) (7) (80) (25) (1,568)
Payments on termination......................... (1,386) (631) (326) (250) (121) (9,233)
Contract maintenance charges.................... (17) (7) (2) (7) (3) (132)
Transfers among portfolios and with the Fixed
Account, net..................................... (107) 204 (126) 710 678 (975)
--------- --------- --------- --------- --------- ----------
(806) 489 (116) 1,810 1,456 5,770
--------- --------- --------- --------- --------- ----------
Increase (decrease) in net assets................. 4,508 2,522 670 3,329 1,641 41,967
Net assets, beginning of period................... 19,990 8,398 2,587 6,701 3,933 160,564
--------- --------- --------- --------- --------- ----------
Net assets, end of period......................... $ 24,498 $10,920 $ 3,257 $ 10,030 $ 5,574 $ 202,531
--------- --------- --------- --------- --------- ----------
--------- --------- --------- --------- --------- ----------
NET ASSET VALUE PER UNIT, END OF PERIOD........... $ 18.00 $ 18.98 $ 14.92 $ 11.94 $ 9.62
--------- --------- --------- --------- ---------
--------- --------- --------- --------- ---------
UNITS OUTSTANDING, END OF PERIOD.................. 1,362 577 218 840 579
--------- --------- --------- --------- ---------
--------- --------- --------- --------- ---------
</TABLE>
F-31
<PAGE>
ALLSTATE LIFE OF NEW YORK VARIABLE ANNUITY ACCOUNT II
STATEMENT OF CHANGES IN NET ASSETS
YEAR ENDED DECEMBER 31, 1994
<TABLE>
<CAPTION>
QUALITY
MONEY INCOME DIVIDEND
($ and units in thousands, except value MARKET HIGH YIELD EQUITY PLUS STRATEGIST GROWTH
per unit) PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
--------- ----------- ----------- --------- ----------- ---------
<S> <C> <C> <C> <C> <C> <C>
FROM OPERATIONS:
Net investment income (loss).......... $ 245 $ 439 $ 631 $ 2,264 $ 1,148 $ 560
Net realized gains and losses......... (24) (61) (519) 55 48
Net change in unrealized gains and
losses............................... (620) (1,134) (4,391) (521) (2,139)
--------- ----------- ----------- --------- ----------- ---------
245 (205) (564) (2,646) 682 (1,531)
--------- ----------- ----------- --------- ----------- ---------
FROM CAPITAL TRANSACTIONS:
Deposits.............................. 9,340 1,278 3,095 5,420 6,483 8,631
Benefit payments...................... (24) (124) (195) (110) (322) (340)
Payments on termination............... (1,155) (127) (166) (978) (702) (773)
Contract maintenance charges.......... (6) (3) (7) (20) (24) (28)
Transfers among portfolios and with
the Fixed Account, net............... (612) 603 524 (4,530) (312) 909
--------- ----------- ----------- --------- ----------- ---------
7,543 1,627 3,251 (218) 5,123 8,399
--------- ----------- ----------- --------- ----------- ---------
Increase (decrease) in net assets....... 7,788 1,422 2,687 (2,864) 5,805 6,868
Net assets, beginning of period......... 4,329 3,187 6,790 31,480 23,386 28,077
--------- ----------- ----------- --------- ----------- ---------
Net assets, end of period............... $ 12,117 $ 4,609 $ 9,477 $ 28,616 $ 29,191 $ 34,945
--------- ----------- ----------- --------- ----------- ---------
--------- ----------- ----------- --------- ----------- ---------
NET ASSET VALUE PER UNIT, END OF
PERIOD................................. $ 11.18 $ 19.26 $ 18.39 $ 13.34 $ 15.68 $ 15.98
--------- ----------- ----------- --------- ----------- ---------
--------- ----------- ----------- --------- ----------- ---------
UNITS OUTSTANDING, END OF PERIOD........ 1,084 239 515 2,145 1,862 2,187
--------- ----------- ----------- --------- ----------- ---------
--------- ----------- ----------- --------- ----------- ---------
</TABLE>
SEE NOTES TO FINANCIAL STATEMENTS.
F-32
<PAGE>
<TABLE>
<CAPTION>
GLOBAL
EUROPEAN CAPITAL DIVIDEND PACIFIC
UTILITIES GROWTH GROWTH GROWTH GROWTH
($ and units in thousands, except value per unit) PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO TOTAL
--------- ----------- ----------- ----------- ----------- ----------
<S> <C> <C> <C> <C> <C> <C>
FROM OPERATIONS:
Net investment income (loss).................... $ 756 $ 190 $ (5) $ 28 $ (17) $ 6,239
Net realized gains and losses................... (260) 88 (9) (29) (40) (751)
Net change in unrealized gains and losses....... (3,049) 79 (55) (114) (171) (12,115)
--------- ----------- ----------- ----------- ----------- ----------
(2,553) 357 (69) (115) (228) (6,627)
--------- ----------- ----------- ----------- ----------- ----------
FROM CAPITAL TRANSACTIONS:
Deposits........................................ 2,912 3,024 460 4,286 2,476 47,405
Benefit payments................................ (242) (19) (27) (55) (1,458)
Payments on termination......................... (717) (86) (68) (100) (56) (4,928)
Contract maintenance charges.................... (17) (6) (2) (4) (3) (120)
Transfers among portfolios and with the Fixed
Account, net..................................... (4,094) 968 (409) 2,689 1,744 (2,520)
--------- ----------- ----------- ----------- ----------- ----------
(2,158) 3,881 (46) 6,816 4,161 38,379
- -------------------------------------------------- --------- ----------- ----------- ----------- -----------
Increase (decrease) in net assets................. (4,711) 4,238 (115) 6,701 3,933 31,752
Net assets, beginning of period................... 24,701 4,160 2,702 128,812
--------- ----------- ----------- ----------- ----------- ----------
Net assets, end of period......................... $ 19,990 $ 8,398 $ 2,587 $ 6,701 $ 3,933 $ 160,564
--------- ----------- ----------- ----------- ----------- ----------
--------- ----------- ----------- ----------- ----------- ----------
NET ASSET VALUE PER UNIT, END OF PERIOD........... $ 14.18 $ 15.28 $ 11.38 $ 9.91 $ 9.22
--------- ----------- ----------- ----------- -----------
--------- ----------- ----------- ----------- -----------
UNITS OUTSTANDING, END OF PERIOD.................. 1,410 549 227 676 427
--------- ----------- ----------- ----------- -----------
--------- ----------- ----------- ----------- -----------
</TABLE>
F-33
<PAGE>
ALLSTATE LIFE OF NEW YORK VARIABLE ANNUITY ACCOUNT II
NOTES TO FINANCIAL STATEMENTS
TWO YEARS ENDED DECEMBER 31, 1995
1. ORGANIZATION
Allstate Life of New York Variable Annuity Account II (the "Account"), a
unit investment trust registered with the Securities and Exchange Commission
under the Investment Company Act of 1940, is a separate account of Allstate Life
Insurance Company of New York ("ALNY"), which is wholly owned by a wholly-owned
subsidiary ("Parent") of Allstate Insurance Company ("Allstate"), which is
wholly owned by The Allstate Corporation (the "Corporation").
ALNY writes certain annuity contracts, the proceeds of which are invested at
the discretion of the contractholder. Contractholders primarily invest in units
of the portfolios comprising the Account but may also invest in the general
account of ALNY ("Fixed Account"). The Account, in turn, invests solely in
shares of the portfolios of the Dean Witter Variable Investment Series ("Fund").
ALNY provides administrative and insurance services to the Account for a fee.
Dean Witter Reynolds, Inc. ("Dean Witter") is the sole distributor of ALNY's
flexible premium deferred variable annuity contracts and certain single and
flexible premium annuities and is the investment manager of the Fund. Dean
Witter receives investment management fees from the Fund.
Effective September 1, 1995, the name of the Managed Assets Portfolio of the
Fund changed to the Strategist Portfolio. While certain of the investment
policies of the portfolio have changed, the overall investment strategy has
remained the same.
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
VALUATION OF INVESTMENTS
Investments consist of shares in the portfolios of the Fund, and are stated
at fair value based on quoted market prices.
INVESTMENT INCOME
Investment income consists of dividends declared by the portfolios of the
Fund, and is recognized on the date of record.
REALIZED GAINS AND LOSSES
Realized gains and losses on the sale of shares by the Account are computed
on a weighted average cost ("cost") basis.
FEDERAL INCOME TAXES
Net investment income and realized gains and losses on investments of the
Account are reported to contractholders generally upon distribution.
Accordingly, no provision for income taxes has been recorded.
3. MORTALITY AND EXPENSE CHARGES
ALNY assumes mortality and expense risks related to the operations of the
Account and deducts charges daily at a rate, on an annual basis, equal to 1.25%
of the daily net assets of the Account. ALNY guarantees that the amount of this
charge will not increase over the life of the contract.
F-34
<PAGE>
ALLSTATE LIFE OF NEW YORK VARIABLE ANNUITY ACCOUNT II
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
TWO YEARS ENDED DECEMBER 31, 1995
4. ADMINISTRATIVE EXPENSE CHARGE AND CONTRACT MAINTENANCE CHARGES
ALNY deducts administrative expense charges daily at a rate, on an annual
basis, equal to .10% of the daily net assets of the Account. This charge is
designed to cover additional administrative expense.
For each year or portion of a year a contract is in effect, ALNY deducts a
fixed annual contract maintenance charge of $30 as reimbursement for expenses
related to the maintenance of each contract and the Account. The amount of this
charge is guaranteed not to increase over the life of the contract.
F-35
<PAGE>
ALLSTATE LIFE OF NEW YORK VARIABLE ANNUITY ACCOUNT II
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
TWO YEARS ENDED DECEMBER 31, 1995
5. UNITS ISSUED AND REDEEMED
Units issued and redeemed by the Account during 1995 were as follows:
<TABLE>
<CAPTION>
MONEY QUALITY
MARKET HIGH YIELD EQUITY INCOME PLUS STRATEGIST
(units in thousands) PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
----------- ----------- ----------- ----------- -----------
<S> <C> <C> <C> <C> <C>
UNITS OUTSTANDING, DECEMBER 31, 1994....................... 1,084 239 515 2,145 1,862
Unit activity during 1995:
Issued................................................... 453 97 145 201 129
Redeemed................................................. (562) (13) (67) (245) (251)
----------- ----- ----- ----- -----------
UNITS OUTSTANDING, DECEMBER 31, 1995....................... 975 323 593 2,101 1,740
----------- ----- ----- ----- -----------
----------- ----- ----- ----- -----------
</TABLE>
UNITS REDEEMED INCLUDES UNITS DEDUCTED FOR ACCRUED CONTRACT MAINTENANCE CHARGES.
F-36
<PAGE>
5. UNITS ISSUED AND REDEEMED (CONTINUED)
<TABLE>
<CAPTION>
GLOBAL
DIVIDEND EUROPEAN CAPITAL DIVIDEND PACIFIC
GROWTH UTILITIES GROWTH GROWTH GROWTH GROWTH
(units in thousands) PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
----------- ----------- ------------- ----------- ----------- -----------
<S> <C> <C> <C> <C> <C> <C>
UNITS OUTSTANDING, DECEMBER 31, 1994.............. 2,187 1,410 550 227 676 427
Unit activity during 1995:
Issued.......................................... 353 133 96 54 216 197
Redeemed........................................ (185) (181) (69) (63) (52) (45)
----------- ----- --- --- --- ---
UNITS OUTSTANDING, DECEMBER 31, 1995.............. 2,355 1,362 577 218 840 579
----------- ----- --- --- --- ---
----------- ----- --- --- --- ---
</TABLE>
F-37
<PAGE>
PART C
OTHER INFORMATION
24A. FINANCIAL STATEMENTS
PART B: Allstate Life Insurance Company of New York Financial
Schedules and Allstate Life of New York Variable Annuity Account II
Financial Schedules
24B. EXHIBITS
The following exhibits:
The following exhibits correspond to those required by paragraph (b) of
item 24 as to exhibits in Form N-4:
(1) Resolution of the Board of Directors of Allstate Life Insurance
Company of New York authorizing establishment of the Variable Annuity
Account II*
(2) Not Applicable
(3) General Agent's Agreement**
(4) Form of Contract**
(5) Form of application for a Contract*
(6) (a) Certificate of Incorporation of Allstate Life Insurance
Company of New York***
(b) By-laws of Allstate Life Insurance Company of New York***
(7) Not applicable
(8) Participation Agreement***
(9) Opinion of Robert S. Seiler, Senior Vice President, Secretary and
General Counsel of Allstate Life Insurance Company of New York*
(10) (a) Consent of Accountants*
(b) Consent of Attorneys*
(11) Not applicable
(12) Not applicable
(13) Performance Data***
(99) Powers of Attorney*
_________________________
* Filed herewith.
** Previously filed in Form N-4 Registration Statement No. 33-35445 dated
June 15, 1990.
*** Previously filed in Form N-4 Registration Statement No. 33-65381 dated
September 20, 1996.
**** Previously filed in Form N-4 Registration Statement No. 33-35445 dated
April 30, 1996
<PAGE>
25. DIRECTORS AND OFFICERS OF THE DEPOSITOR
Name and Principal Position and Office With Depositor
Business Address of the Trust
- ---------------- ------------
Louis G. Lower, II* Chairman of the Board of Directors and President
Michael J. Velotta* Director, Vice President, Secretary and
General Counsel
Sharmaine M. Miller** Director and Chief Administrative Officer
Marcia D. Alazraki* Director
Joseph F. Carlino* Director
Cleveland Johnson, Jr.* Director
Phillip E. Lawson* Director
Gerard F. McDermott** Director
Joseph P. McFadden* Director
John R. Raben, Jr.* Director
Sally A. Slacke* Director
Theodore A. Schnell* Director and Assistant Vice President
Kevin R. Slawin* Director and Vice President
Timothy H. Plohg* Director and Vice President
Karen C. Gardner* Vice President
Peter H. Heckman* Vice President
Thomas A. McAvity, Jr.* Vice President
Keith A. Hauschildt* Assistant Vice President and Controller
James P. Zils* Treasurer
Casey J. Sylla* Chief Investment Officer
Richard L. Baker* Assistant Vice President
Mark A. Bishop* Assistant Treasurer
Barbara S. Brown* Assistant Treasurer
David M. Crew* Assistant Treasurer
Dorothy E. Even* Assistant Vice President
Marla G. Friedman* Assistant Vice President
Judith P. Greffin* Assistant Vice President
Peter S. Horos* Assistant Treasurer
John R. Hunter* Assistant Vice President
Thomas C. Jensen* Assistant Treasurer
Robert T. Jostes* Assistant Treasurer
Emma M. Kalaidjian* Assistant Secretary
Paul N. Kierig* Assistant Secretary and Assistant General Counsel
Kenneth S. Klimala* Assistant Treasurer
Steven M. Laude* Assistant Treasurer
Ronald A. Mendel* Assistant Treasurer
Mary J. McGinn* Assistant Secretary
Deborah K. Miller* Assistant Treasurer
Barry S. Paul* Assistant Vice President
Robert N. Roeters* Assistant Vice President
C. Nelson Strom* Assistant Vice President and Corporate Actuary
Brenda D. Sneed* Assistant Vice President
Patricia W. Wilson* Assistant Vice President
Ralph A. Bergholtz* Assistant Treasurer
D. Steven Boger* Assistant Vice President
Adrian B. Corbiere* Assistant Treasurer
Louise J. Walton* Assistant Treasurer
Jerry D. Zinkula* Assistant Treasurer
* Principal business address is 3100 Sanders Road, Northbrook, Illinois
60062.
** Principal business address is P.O. Box 9095, Farmingville, New York 11738.
26. Persons Controlled by or Under Common Control with Depositor or Registrant
See 10-K Commission File # 1-11840, The Allstate Corporation.
27. NUMBER OF CONTRACT OWNERS
As of November 30, 1996 there were in force 438 qualified and 4,787
non-qualified contracts. The Registrant began operations on September 24,
1991.
28. INDEMNIFICATION
The Managing General Agent's Agreement (Exhibit 3(b)) has a provision in
which Allstate Life Insurance Company of New York agrees to indemnify Dean
Witter Reynolds as Underwriter for certain damages and expenses that may be
caused by actions, statements or omissions by Allstate Life Insurance Company of
New York. The Agreement to Purchase Shares contains a similar provision in
paragraph 16 of Exhibit 12.
<PAGE>
Insofar as indemnification for liability arising out of the Securities Act
of 1933 may be permitted to directors, officers and controlling persons of the
registrant pursuant to the foregoing provisions, or otherwise, the registrant
has been advised that in the opinion of the Securities and Exchange Commission
such indemnification is against public policy as expressed in the Act and is,
therefore, unenforceable. In the event that a claim for indemnification against
such liabilities (other than payment by the registrant of expenses incurred by a
director, officer or controlling person of the registrant in the successful
defense of any action, suit, or proceeding) is asserted such director, officer
or controlling person in connection with the securities being registered, the
registrant will, unless in the opinion of its counsel the matter has been
settled by controlling precedent, submit to a court of appropriate jurisdiction
the question whether such indemnification by it is against public policy as
expressed in the Act and will be governed by the final adjudication of such
issue.
29a. RELATIONSHIP OF PRINCIPAL UNDERWRITER TO OTHER INVESTMENT COMPANIES
Dean Witter Distributors Inc. is the principal underwriter for the following
investment companies:
Dean Witter Liquid Asset Fund Inc.
Dean Witter Tax-Free Daily Income Trust
Dean Witter California Tax-Free Daily Income Trust
Dean Witter Retirement Series
Dean Witter Dividend Growth Securities Inc.
Dean Witter Natural Resource Development Securities Inc.
Dean Witter World Wide Investment Trust
Dean Witter Capital Growth Securities
Dean Witter Convertible Securities Trust
Active Assets Tax-Free Trust
Active Assets Money Trust
Active Assets California Tax-Free Trust
Active Assets Government Securities Trust
Dean Witter Short-Term Bond Fund
Dean Witter Mid-Cap Growth Fund
Dean Witter U.S. Government Securities Trust
Dean Witter High Yield Securities Inc.
Dean Witter New York Tax-Free Income Fund
Dean Witter Tax-Exempt Securities Trust
Dean Witter California Tax-Free Income Fund
Dean Witter Limited Term Municipal Trust
Dean Witter World Wide Income Trust
Dean Witter Utilities Fund
Dean Witter Strategist Fund
Dean Witter New York Municipal Money Market Trust
Dean Witter Intermediate Income Securities
Prime Income Trust
Dean Witter European Growth Fund Inc.
Dean Witter Developing Growth Securities Trust
Dean Witter Precious Metals and Minerals Trust
Dean Witter Pacific Growth Fund Inc.
Dean Witter Multi-State Municipal Series Trust
Dean Witter Federal Securities Trust
Dean Witter Short-Term U.S. Treasury Trust
Dean Witter Diversified Income Trust
Dean Witter Health Sciences Trust
Dean Witter Global Dividend Growth Securities
Dean Witter American Value Fund
Dean Witter U.S. Government Money Market Trust
Dean Witter Global Short-Term Income Fund Inc.
Dean Witter Premier Income Trust
Dean Witter Value-Added Market Series
Dean Witter Global Utilities Fund
Dean Witter High Income Securities
Dean Witter National Municipal Trust
Dean Witter International SmallCap Fund
Dean Witter Global Asset Allocation
Dean Witter Balanced Income Fund
Dean Witter Balanced Growth Fund
Dean Witter Hawaii Municipal Trust
Dean Witter Capital Appreciation Fund
Dean Witter Intermediate Term U. S. Treasury Trust
Dean Witter Information Fund
Dean Witter Japan Fund
Dean Witter Income Builder Fund
Dean Witter Special Value Fund
TCW/DW Core Equity Trust
TCW/DW North American Government Income Trust
TCW/DW Latin American Growth Fund
TCW/DW Income and Growth Fund
TCW/DW Small Cap Growth Fund
TCW/DW Balanced Fund
TCW/DW Mid-Cap Equity Fund
TCW/DW Total Return Trust
TCW/DW Global Telecom Trust
TCW/DW Strategic Income Trust
<PAGE>
29b. PRINCIPAL UNDERWRITER
Name and Principal Business Positions and Offices
Address of Each Such Person with Underwriter
- -------------------------------------------------------------------------------
DEAN WITTER REYNOLDS INC. UNDERWRITER
("DEAN WITTER")
Philip J. Purcell Chairman, Chief Executive Officer
and Director
Richard M. DeMartini President, Chief Operating Officer and
Director, Dean Witter Capital
James F. Higgins President, Chief Operating Officer and
Director, Dean Witter Financial
Stephen R. Miller Senior Executive Vice President and
Director
Raymond J. Drop Executive Vice President
Robert J. Dwyer Executive Vice President, National
Sales Director and Director
Christine A. Edwards Executive Vice President, Secretary,
General Counsel and Director
Charles A. Fiumefreddo Executive Vice President
and Director
Frederick J. Frohme Executive Vice President
Alfred J. Golden Executive Vice President
E. Davisson Hardman Executive Vice President
Mitchell M. Merin Executive Vice President, Chief
Administrative Officer and Director
Laurence E. Mollner Executive Vice President
Jeremiah A. Mullins Executive Vice President
Richard F. Powers Executive Vice President and Director
John H. Schaefer Executive Vice President
Thomas C. Schneider Executive Vice President, Chief
Financial Officer and Director
Robert B. Sculthorpe Executive Vice President
William B. Smith Executive Vice President and Director
Samuel H. Wolcott Executive Vice President
Anthony Basile Senior Vice President
Ronald T. Carman Senior Vice President, Associate
General Counsel and Assistant Secretary
Michael T. Cunningham Senior Vice President
Mary E. Curran Senior Vice President
Raymond F. Douglas Senior Vice President
Paul J. Dubow Senior Vice President
Michael T. Gregg Senior Vice President and Deputy
General Counsel
Erick R. Holt Senior Vice President and Assistant
Secretary
Birendra Kumar Senior Vice President and Treasurer
George R. Ross Senior Vice President
Robert P. Seass Senior Vice President
Joseph G. Siniscalchi Senior Vice President and Controller,
Dean Witter Financial
Michael H. Stone Senior Vice President
Laurence Volpe Senior Vice President and Controller,
Dean Witter Reynolds Inc. and Dean
Witter Capital
Lorena J. Kern Senior Vice President
Kathryn M. McNamara Senior Vice President and Director of
Governmental Affairs
Michael D. Browne Assistant Secretary
Marilyn Cranney Assistant Secretary
Sheldon Curtis Assistant Secretary
Sabrina Hurley Assistant Secretary
Linda M. Butler Assistant Secretary
The principal address of Dean Witter is Two World Trade Center,
New York, New York 10048.
<PAGE>
29c. COMPENSATION OF DEAN WITTER
The following commissions and other compensation were received by each
principal underwriter, directly or indirectly, from the Registrant during the
Registrant's last fiscal year:
(1) (2) (3) (4) (5)
Net Compensation
Underwriting or
Discounts Redemption
Name of and or Brokerage
Principal Commissions Annuitization Commissions Compensation
- --------- ----------- ------------- ----------- ------------
Dean Witter $1,116,188
Reynolds Inc.
30. LOCATION OF ACCOUNTS AND RECORDS
Sharmaine M. Miller
Allstate Life Insurance Company of New York
P.O. Box 9095
Farmingville, New York 11738
31. MANAGEMENT SERVICES
None
32. UNDERTAKINGS
The Registrant promises to file a post-effective amendment to this
Registration Statement as frequently as is necessary to ensure that the audited
financial statements in the Registration Statement are never more than 16 months
old for so long as payments under the variable annuity contracts may be
accepted. Registrant furthermore agrees to include either as part of any
application to purchase a contract offered by the prospectus, a space that an
applicant can check to request a statement of Additional Information or a post
card or similar written communication affixed to or included in the Prospectus
that the applicant can remove to send for a Statement of Additional Information.
Finally the Registrant agrees to deliver any Statement of Additional Information
and any Financial Statements required to be made available under this Form N-4
promptly upon written or oral request.
33. REPRESENTATIONS PURSUANT TO SECTION 403(b) OF THE INTERNAL REVENUE CODE
The Company represents that it is relying upon a November 28, 1988
Securities and Exchange Commission no-action letter issued to the American
Council of Life Insurance ("ACLI") and that the provisions of paragraphs 1-4 of
the no-action letter have been complied with.
34. REPRESENTATIONS REGARDING CONTRACT EXPENSES
Allstate Life Insurance Company of New York ("ALIC NY") represents that
the fees and charges deducted under the Individual Variable Annuity Contracts
hereby registered by this Registration Statement, in aggregate, are
reasonable in relation to the services rendered, the expenses expected to be
incurred, and the risk assumed by ALIC NY.
<PAGE>
SIGNATURES
As required by the Securities Act of 1933 and the Investment Company
Act of 1940, the registrant, Allstate Life of New York Variable Annuity
Account II, certifies that it meets the requirements of Securities Act Rule
485(b) for effectiveness of this Registration Statement and has duly caused
this Registration Statement to be signed on its behalf by the undersigned,
thereunto duly authorized, and its seal to be hereunto affixed and attested, in
the Township of Northfield, and State of Illinois on the 23rd day of December,
1996.
ALLSTATE LIFE OF NEW YORK VARIABLE ANNUITY ACCOUNT II
(REGISTRANT)
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
(DEPOSITOR)
(SEAL)
Attest /s/ PAUL N. KIERIG By: /s/ MICHAEL J. VELOTTA
--------------------------------- ------------------------------
Paul N. Kierig Michael J. Velotta
Assistant Secretary and Vice President, Secretary and
Assistant General Counsel General Counsel
Pursuant to the requirements of the Securities Act of 1933 and the
Investment Company Act of 1940, this Registration Statement has been signed
below by the following Directors and Officers of Allstate Life Insurance
Company of New York on this 23rd day of December, 1996.
*/LOUIS G. LOWER, II Chairman of the Board of Directors and President
- -------------------- (Principal Executive Officer)
Louis G. Lower, II
/s/MICHAEL J. VELOTTA
- ---------------------- Director, Vice President, Secretary and
Michael J. Velotta General Counsel
**/KEVIN R. SLAWIN Director and Vice President
- ------------------
Kevin R. Slawin
**/SHARMAINE M. MILLER Director and Chief Administrative Officer
- ----------------------
Sharmaine M. Miller
*/MARCIA D. ALAZRAKI Director
- --------------------
Marcia D. Alazraki
*/JOSEPH F. CARLINO Director
- -------------------
Joseph F. Carlino
*/CLEVELAND JOHNSON, JR. Director
- ------------------------
Cleveland Johnson, Jr.
*/PHILLIP E. LAWSON Director
- -------------------
Phillip E. Lawson
*/JOSEPH MCFADDEN Director
- -----------------
Joseph McFadden
*/JOHN R. RABEN, JR. Director
- --------------------
John R. Raben, Jr.
*/SALLY A. SLACKE Director
- -----------------
Sally A. Slacke
*/THEODORE A. SCHNELL Director and Assistant Vice President
- ----------------------
Theodore A. Schnell
*/GERARD F. MCDERMOTT Director
- ----------------------
Gerard F. McDermott
*/TIMOTHY H. PLOHG Director and Vice President
- -------------------
Timothy H. Plohg
*/PETER H. HECKMAN Vice President
- -------------------
Peter H. Heckman
**/KAREN C. GARDNER Vice President
- -------------------
Karen C. Gardner
**/THOMAS A. MCAVITY JR. Vice President
- ------------------------
Thomas A. McAvity Jr.
**/KEITH A. HAUSCHILDT Assistant Vice President and Controller
- ---------------------- (Principal Accounting Officer)
Keith A. Hauschildt
*/JAMES P. ZILS Treasurer
- -----------------
James P. Zils
*/CASEY J. SYLLA Chief Investment Officer
- -----------------
Casey J. Sylla
*/ By Michael J. Velotta pursuant to Power of Attorney Previously filed.
**/By Michael J. Velotta pursuant to Power of Attorney filed herewith.
- -
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
RESOLUTION ESTABLISHING ALLSTATE LIFE OF NEW YORK
VARIABLE ANNUITY ACCOUNT II
BE IT RESOLVED, That the Company, pursuant to the provisions of
Section 4240 of the New York Insurance Code, hereby establishes a separate
account designated Allstate Life of New York Variable Annuity Account II
(hereinafter "Variable Account II") for the following use and purposes, and
subject to such conditions as hereinafter set forth.
BE IT FURTHER RESOLVED, That Variable Account II shall be established
for the purpose of providing for the issuance by the Company of such variable
annuity or such other contracts ("Contracts") as the President may designate for
such purpose and shall constitute a separate account into which are allocated
amounts paid to or held by the Company under such Contracts; and
BE IT FURTHER RESOLVED, That the income, gains and losses, whether or
not realized, from assets allocated to Variable Account II shall, in accordance
with the Contracts, be credited to or charged against such account without
regard to other income, gains, or losses of the Company; and
BE IT FURTHER RESOLVED, That the fundamental investment policy of
Variable Account II shall be to invest or reinvest the assets of Variable
Account II in securities issued by investment companies registered under the
Investment Company Act of 1940, as amended, as the Finance Committee may
designate pursuant to the provisions of the Contracts; and
BE IT FURTHER RESOLVED, That seven investment divisions be, and hereby
are, established within Variable Account II to which net payments under the
Contracts will be allocated in accordance with instructions received from
contractholders, and that the President be, and hereby is, authorized to
increase or decrease the number of investment divisions in Variable Account II
as deemed necessary or appropriate; and
BE IT FURTHER RESOLVED, That each such investment division shall
invest only in the shares of a single mutual fund or a single mutual fund
portfolio of an investment company organized as a series fund pursuant to the
Investment Company Act of 1940; and
BE IT FURTHER RESOLVED, That the President and Treasurer be, and they
hereby are, authorized to deposit such amount in Variable Account II or in
<PAGE>
each investment division thereof as may be necessary or appropriate to
facilitate the commencement of the Account's operations; and
BE IT FURTHER RESOLVED, That the President of the Company be, and is
hereby, authorized to change the designation of Variable Account II to such
other designation as the President may deem necessary or appropriate; and
BE IT FURTHER RESOLVED, That the appropriate officers of the Company,
with such assistance from the Company's auditors, legal counsel and independent
consultants or others as they may require, be, and they hereby are, authorized
and directed to take all action necessary to: (a) register Variable Account II
as a unit investment trust under the Investment Company Act of 1940, as amended;
(b) register the Contracts in such amounts, which may be an indefinite amount,
as the officers of the Company shall from time to time deem appropriate under
the Securities Act of 1933; and (c) take all other actions which are necessary
in connection with the offering of said Contracts for sale and the operation of
Variable Account II in order to comply with the Investment Company Act of 1940,
the Securities Exchange Act of 1934, the Securities Act of 1933, and other
applicable federal laws, including the filing of any amendments to registration
statements, any undertakings, and any applications for exemptions from the
Investment Company Act of 1940 or other applicable federal laws as the officers
of the Company shall deem necessary or appropriate; and
BE IT FURTHER RESOLVED, That the President and the General Counsel,
and either of them with full power to act without the other, hereby are
severally authorized and empowered to prepare, execute and cause to be filed
with the Securities and Exchange Commission on behalf of Variable Account II and
by the Company as sponsor and depositor, a Form of Notification of Registration
on Form N-8A, a Registration Statement registering Variable Account II as an
investment company under the Investment Company Act of 1940, and a Registration
Statement under the Securities Act of 1933; and
BE IT FURTHER RESOLVED, That the appropriate officers of the Company
be, and they hereby are, authorized on behalf of Variable Account II and on
behalf of the Company to take any and all action that they may deem necessary or
advisable in order to sell the Contracts, including any registrations, filings
and qualifications of the Company, its officers, agents and employees, and the
Contracts under the insurance and securities laws of any of the states of the
United States of America or other jurisdictions, and in connection therewith, to
prepare, execute, deliver and file all such applications, reports, covenants,
resolutions, applications for exemptions, consents to service of process and
other papers and instruments as may be required under such laws, and to take any
and all further actions which said officers or counsel of the Company may deem
necessary or desirable (including entering into whatever agreements and
contracts may be necessary) in order to maintain such registrations or
qualifications for as
<PAGE>
long as said officers or counsel deem them to be in the best interests of
Variable Account II and the Company; and
BE IT FURTHER RESOLVED, That the General Counsel of the Company be,
and hereby is, authorized in the names and on behalf of Variable Account II and
the Company to execute and file irrevocable written consents on the part of
Variable Account II and of the Company to be used in such states wherein such
consents to service of process may be requisite under the insurance or
securities laws therein in connection with said registration or qualification of
Contracts and to appoint the appropriate state official, or such other person as
may be allowed by said insurance or securities laws, agent of Variable Account
II and of the Company for the purpose of receiving and accepting process; and
BE IT FURTHER RESOLVED, That the President of the Company be, and
hereby is, authorized to establish criteria by which the Company shall institute
procedures to provide for a pass-through of voting rights to the owners of such
Contracts as required by the applicable laws with respect to securities owned by
Variable Account II; and
BE IT FURTHER RESOLVED, That the President of the Company is hereby
authorized to execute such agreement or agreements on such terms and subject to
such modifications as deemed necessary or appropriate (i) with a qualified
entity that will be appointed principal underwriter and distributor for the
Contracts and (ii) with one or more qualified banks or other qualified entities
to provide administrative and/or custodial services in connection with the
establishment and maintenance of Variable Account II and the design, issuance,
and administration of the Contracts; and
BE IT FURTHER RESOLVED, That since it is expected that Variable
Account II will invest in the securities issued by one or more investment
companies, the appropriate officers of the Company are hereby authorized to
execute whatever agreement or agreements as may be necessary or appropriate to
enable such investments to be made; and
BE IT FURTHER RESOLVED, That the appropriate officers of the Company,
and each of them, are hereby authorized to execute and deliver all such
documents and papers and to do or cause to be done all such acts and things as
they may deem necessary or desirable to carry out the foregoing resolutions and
the intent and purposes thereof.
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
FLEXIBLE PREMIUM DEFERRED
VARIABLE ANNUITY CONTRACT
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK, A Stock Company,
Home Office: Huntington Station, New York
This Contract is issued to the owner in consideration of the application, a copy
of which is attached, and the initial purchase payment. Allstate Life Insurance
Company of New York will pay the benefits of this Contract, subject to its terms
and conditions.
Throughout this Contract,"you" and "your" refer to the Contract's owner. "We",
"us" and "our" refer to Allstate Life Insurance Company of New York.
This flexible premium deferred variable annuity provides a cash withdrawal
benefit and a death benefit during the accumulation phase and periodic income
payments beginning on the payout start date.
The maximum charges are $30 per contract per contract year and 1.35% per year
(assessed daily) of the variable account assets. The smallest annual rate of
net investment return on the variable account assets required to keep variable
annuity income payments from decreasing is 4.5%.
This Contract does not pay dividends.
THE DOLLAR AMOUNT OF INCOME PAYMENTS OR OTHER VALUES PROVIDED BY THIS CONTRACT,
WHEN BASED ON THE INVEST-MENT EXPERIENCE OF THE VARIABLE ACCOUNT, VARY TO
REFLECT THE PERFORMANCE OF THE VARIABLE ACCOUNT.
PLEASE READ YOUR CONTRACT CAREFULLY
RETURN PRIVILEGE
If you are not satisfied with this Contract for any reason, you may return it to
us within 10 days after you re-ceive it. We will refund any purchase payments
allocated to the variable account, adjusted to reflect invest- ment gain or loss
from the date of allocation to the date of cancellation; plus any purchase
payments allocated to the fixed account.
/s/ Michael J. Velotta /s/ Louis G. Lower, II
Secretary President
Page 1
<PAGE>
- --------------------------------------------------------------------------------
TABLE OF CONTENTS
- --------------------------------------------------------------------------------
ANNUITY DATA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
THE PERSONS INVOLVED . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
ACCUMULATION PHASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
PAYOUT PHASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
INCOME PAYMENT TABLES. . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Page 2
<PAGE>
- --------------------------------------------------------------------------------
ANNUITY DATA
- --------------------------------------------------------------------------------
CONTRACT NUMBER:........................................................44444444
ISSUE DATE:..........................................................May 7, 1996
INITIAL PURCHASE PAYMENT:.............................................$10,000.00
Non-Qualified
OWNER:..................................................................John Doe
ANNUITANT:..............................................................John Doe
AGE AT ISSUE:.............................................................35
SEX:....................................................................Male
PAYOUT START DATE:..................................................July 1, 2041
(May be changed by notifying us no
later than 30 days prior to this date)
INCOME PLAN:................................................Life with 10 years -
Unless Changed by Owner
ADMINISTRATOR:.......................Allstate Life Insurance Company of New York
P.O. Box 9095
Farmingville, NY 11738-9095
INITIAL ALLOCATION OF PURCHASE PAYMENTS:
QUALITY INCOME PLUS:....................................................50%
DIVIDEND GROWTH:........................................................50%
OWNER'S RELATIONSHIP
BENEFICIARY TO OWNER PERCENTAGE
- ----------- -------------- ----------
Jeff Doe Son 100%
Page 3
<PAGE>
- --------------------------------------------------------------------------------
THE PERSONS INVOLVED
- --------------------------------------------------------------------------------
OWNER. Unless changed, the person(s) named at the time of application is (are)
the owner (joint owners) of this Contract. The owner has all rights, title and
inter- est in this Contract. As owner, you will receive any income payments made
under an income plan.
You may exercise all rights and options stated in this Contract, subject to the
rights of any irrevocable ben-eficiary.
You may change the owner or beneficiary at any time while the annuitant is
alive. You may not change the annuitant under this Contract.
Once we have received a satisfactory written request for a change of owner or
beneficiary, the change will take effect as of the date you signed it. We are
not li-able for any payment we make or other action we take before receiving any
such written request from you.
You may not assign an interest in this Contract as collateral or security for a
loan. Otherwise, you may assign benefits under this Contract prior to the
payout start date. No beneficiary may assign benefits under the Contract until
they are due. No assignment will bind us unless it is signed by you and filed
with us. We are not responsible for the validity of an assign-ment.
If the owner is more than one person:
"owner" as used in this Contract means any and all persons named as the
owner, unless otherwise indicated;
any assignment or request for a change must be signed by all the persons
named as the owner; and
on the death of any one person named as owner, ownership rights, title and
interest shall be re-tained by the surviving person(s) named as the owners.
See the section titled Accumulation Phase for the details concerning the
death of an owner.
ANNUITANT. The annuitant is the person whose life may affect the timing or
amount of the payout under this Contract. The owner is the annuitant unless a
dif- ferent annuitant has been designated.
BENEFICIARY. The death benefit is payable to the beneficiary if the sole
surviving owner dies during the accumulation phase, subject to any prior claims.
Details, including the special treatment of a beneficiary who is the owner's
spouse, are stated in the section titled Accumulation Phase.
If the owner dies during the payout phase the surviving owner(s) will become the
payee of any income pay-ments scheduled to continue after the owner's death. If
there are no surviving owner(s) the beneficiary will be the payee of any such
payments.
The beneficiary is as named in the most recent written request we have received
from you. If you do not name a beneficiary or if the beneficiary named by you
is no longer living when the death benefit becomes payable, the beneficiary will
be:
your spouse if living; otherwise
your children equally if living; otherwise
your estate.
- --------------------------------------------------------------------------------
ACCUMULATION PHASE
- --------------------------------------------------------------------------------
ACCUMULATION PHASE DEFINED. The accumulation phase is the first of two phases
in the life of your Con-tract. During this period your cash value results from
purchase payments made, investment experience of the variable account, interest
credited to the fixed ac-count, and charges deducted. Any withdrawals you make
and associated charges, if any, will reduce your cash value.
The accumulation phase begins on the issue date stated on the Annuity Data page.
This phase will con-tinue until the payout start date unless the Contract is
terminated before that date. Time during the accumu-lation phase is measured in
contract years. Contract years are those years that begin with the issue date
or an anniversary of the issue date.
Your Contract will stay in force until the payout start date, unless your cash
value is reduced to zero.
PURCHASE PAYMENTS. Purchase payments may be made at any time during the
accumulation phase. While this contract allows purchase payments after the
initial purchase payment, they are not required. Pur-chase payments after the
first purchase payment can-not exceed $1,000,000. We will invest the purchase
payments in the investment alternatives you select. You may allocate any
portion of your purchase pay-ment in whole percents from 0% to 100% to any of
the investment alternatives. The total allocation must equal 100%. For each
purchase payment, the mini- mum amount that may be allocated to the fixed ac-
count is $500.
Allocation of your purchase payments will be made as you requested at the time
of application. You may change the allocation of subsequent purchase pay-ments
at any time, without charge, simply by giving us written notice. Any change
will be effective at the time we receive this notification.
Page 4
<PAGE>
INVESTMENT ALTERNATIVES. Investment alternatives are the sub-accounts of the
variable account and the fixed account.
VARIABLE ACCOUNT. The variable account for this Contract is the Allstate Life
of New York Variable An-nuity Account II. This variable account is our separate
investment account to which we allocate certain assets contributed under this
and other contracts. These as-sets remain our property but will not be charged
with liabilities arising from any other business we may have.
SUB-ACCOUNTS. The variable account is divided into sub-accounts. Each
sub-account invests solely in the shares of the mutual fund(s) underlying that
sub-ac-count.
FIXED ACCOUNT. The fixed account for this Contract is the Allstate Life of New
York general account. The general account consists of all assets of the
company, other than those in any separate accounts. Money in the fixed account
will earn interest at the current rate in effect at the time of allocation or
transfer to the fixed account for a period of one year. After the first year, a
renewal rate will be declared. Subsequent renewal dates will be on
anniversaries of the first renewal date. The current rate and the renewal
rate(s) will never be less than 4.5%.
Interest is credited to the fixed account daily during the accumulation phase.
The rates we quote when refer-ring to interest credits are effective annual
interest rates. "Effective annual rate" means the yield earned when interest
credits at the underlying daily rate have compounded for a full year.
CASH VALUE. Your cash value is equal to the sum of:
the number of accumulation units you hold in each sub-account of the
variable account multiplied by the accumulation unit value for that
sub-account on the most recent valuation date; plus
the total value you have in the fixed account.
ACCUMULATION UNITS. Amounts which you allocate to a sub-account of the variable
account are used to purchase accumulation units in that sub-account. The
accumulation unit value for each sub-account at the end of any valuation period
is calculated by multiplying the prior value by the sub-account's net investment
factor for the valuation period. The accumulation unit values may go up or
down. Additions or transfers to sub-accounts of the variable account will
increase the number of accumulation units for that sub-account. Withdrawals or
transfers from sub-accounts of the variable account will result in cancellation
of accumu-lation units from that sub-account.
VALUATION PERIOD. A valuation period is the time interval between the closing
of the New York Stock Exchange on consecutive valuation dates. A valuation date
is any date the New York Stock Exchange is open for trading except for days in
which there is insufficient trading in the variable account's portfolio
securities such that the value of accumulation or annuity units might not be
materially affected by changes in the va-lue of the portfolio securities.
NET INVESTMENT FACTOR. For each sub-account of the variable account, the net
investment factor for a valuation period is (A) divided by (B), minus (C) where:
(A) is the sum of:
(1)the net asset value per share of the mutual fund(s) underlying the
sub-account determined at the end of the current valuation period,
plus
(2)the per share amount of any dividend or capital gain distributions
made by the mutual fund(s) underlying the sub-account during the
current valuation period.
(B) is the net asset value per share of the mutual fund(s) underlying the
sub-account determined as of the end of the immediately preceding valuation
period.
(C) is the sum of the annualized administrative expense and the annualized
mortality and expense risk charges divided by 365 and then multiplied by
the number of calendar days in the current valuation period.
TRANSFERS. Prior to the payout start date, you may transfer amounts between
investment alternatives. You may make 12 transfers per contract year without
charge. Each transfer after the 12th transfer in any contract year will be
assessed a $25 transfer fee. Transfers are subject to the following
restrictions:
the minimum amount that may be transferred from an investment alternative
is $100; if the total amount in an investment alternative is less than
$100, the entire amount may be transferred;
the minimum transfer to the fixed account is $500;
the maximum amount which may be transferred from the fixed account to
the variable account in any contract year is limited to 25% of the value in
the fixed account on the most recent contract an- niversary. If 25% of the
most recent value is greater than zero but less than $1000, then up to
$1000 may be transferred;
If the first renewal interest rate is less than the
current rate that was in effect at the time money was
Page 4
<PAGE>
allocated or transferred to the fixed account, the 25% transfer restriction for
both that money and the accumulated interest thereon will be waived during the
60 day period following the first renewal date.
CHARGES. The charges for this Contract include taxes as defined below, contract
maintenance charges, administrative expense charges, and mortality and expense
risk charges. If withdrawals are made, the Contract may be subject to early
withdrawal charges.
TAXES. Any premium taxes or other taxes imposed on amounts relating to this
Contract may be deducted from purchase payments or cash values when the tax is
incurred or at a later time.
CONTRACT MAINTENANCE CHARGE. The contract maintenance charge will be deducted
each year from your cash value to reimburse us for the expenses of maintaining
this Contract. This charge will never be greater than $30 per contract year.
Prior to the payout start date, the contract maintenance charge will be
deducted from your cash value on each contract anniversary. The charge will be
deducted on a pro-rata basis from each investment alternative in the proportion
that your investment in each bears to your cash value. The contract maintenance
charge will also be deducted in full if the Contract is surrendered on any date
other than a contract anniversary.
ADMINISTRATIVE EXPENSE CHARGE. Both before and after the payout start
date, we will deduct an administrative expense charge from the assets in the
variable account on a daily basis. The administrative expense charge is to
reimburse us for administrative expenses incurred in maintaining this
Contract that are not covered by the contract maintenance charge. The
annualized administrative expense charge will never be greater than 0.10%.
(See the calculation under Net Investment Factor). This charge will also be
reflected in the net interest rate credited to assets in the fixed account.
MORTALITY AND EXPENSE RISK CHARGE. Both before and after the payout start
date, we will deduct a mortality and expense risk charge from the assets in the
variable account on a daily basis. The annualized mortality and expense risk
charge will never be greater than 1.25%. (See the calculation under Net
Investment Factor). This charge will also be reflected in the net interest rate
credited to assets in the fixed account.
Our expense and mortality experience will not adversely affect the dollar
amount of variable benefits or other contractual payments or values under this
Contract.
WITHDRAWAL AND SURRENDER. You have the right to make a partial withdrawal or
full surrender at any time during the accumulation phase. You must specify the
investment alternative(s) from which you wish to make a withdrawal. The amount
of any withdrawal you request, plus an early withdrawal charge and premium
taxes when applicable, will reduce your cash value.
Any withdrawal must be at least $500. If a withdrawal would leave a cash value
of less than $500, we will treat the request as a full surrender.
If you surrender your Contract, we will pay you its cash value, less any
applicable early withdrawal charges and premium taxes, and the Contract will
terminate.
EARLY WITHDRAWAL CHARGE. An early withdrawal charge may be applied to a full
surrender or partial withdrawal of cash value in excess of the withdrawal amount
without early withdrawal charge. For the pur-pose of accessing an early
withdrawal charge, with-drawals are assumed to come from purchase payments
first, beginning with the oldest payment.
Early withdrawal charges will be based on the age(s) of the purchase payment(s)
associated with the withdrawal according to the following schedule:
Maximum
Complete Contract Withdrawal
Years since Purchase Charge
Payment was made Percent
-----------------------------------------
0 6%
1 5%
2 4%
3 3%
4 2%
5 1%
6 or more 0%
Once all purchase payments have been withdrawn, additional withdrawals will not
be assessed an early withdrawal charge. The maximum aggregate early withdrawal
charge is 6% of your purchase payments.
WITHDRAWAL AMOUNT WITHOUT EARLY WITHDRAWAL CHARGE. A withdrawal amount without
early withdrawal charge will be available in each contract year. This
withdrawal amount without early withdrawal charge may be withdrawn over the
course of the contract year without incurring early withdrawal charges. The
withdrawal amount without early withdrawal charge is 15% of the amount of
purchase payments as of the issue date or the most recent contract anniversary,
whichever is later.
As with all withdrawals, the withdrawal amount without early withdrawal charge
will be assumed to come from the oldest remaining purchase payments first.
With-drawal amounts without early withdrawal charge not withdrawn in a contract
year are not carried over to increase the withdrawal amount without early
with-drawal charge in a subsequent contract year.
Withdrawal amounts without early withdrawal charge are not subject to early
withdrawal charges, but may be subject to tax or penalty imposed by the Internal
Revenue Service.
DEATH OF OWNER OR ANNUITANT. Upon the death of the first owner prior to the
payout start date, the new owner will be the surviving joint owner(s). If
there is (are) no surviving joint owner(s), the new owner will be the
beneficiary(ies). The new owner will have the options described in the
Options of New Owner sub-section below.
For the purposes of distribution required by the Internal Revenue Code Section
72(s), the new Owner is con-
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<PAGE>
sidered the designated beneficiary.
If the new owner is a corporation, trust, or other nonnatural person, the
Contract will terminate, the death benefit as described below will be paid to
the new owner, and the new owner will not have the options described below.
If the annuitant, not also an owner, dies prior to payout start date, we will
pay you the death benefit described below, the Contract will terminate, and you
will not have the options described below.
OPTIONS OF NEW OWNER. If the sole new owner is your spouse:
Your spouse may elect, within 60 days of the date of your death, to receive
the death benefit described below.
If your spouse does not make this election, then the accumulation phase
continues as if the death had not occurred. All ownership rights under the
Contract are then available to your spouse as the new owner.
If the new owner is not your spouse, then this new owner has the following
options:
The new owner may elect, within 60 days of the date of your death, to
receive the death benefit described below.
The new owner may elect, within 60 days of the date of your death, to
receive the settlement value payable in a lump sum within 5 years of your
date of death. An annuitant is necessary to continue the Contract between
the date of your death and the payment of the settlement value. If there
is no annuitant at that time, the new annuitant will be the oldest new
owner.
The new owner may elect, within one year of the date of your death, to
receive the settlement value paid out under one of the income plans
described in the Payout Phase section. The payout start date must be
within one year of your date of death. Income payments must be over the
life of the new owner or over a period not to exceed the life expectancy
of the new owner.
If the new owner does not make one of the above described elections, the
settlement value will be paid to the new owner on the mandatory
distribution date 5 years after your date of death. An annuitant is
necessary to continue the Contract between the date of your death and the
payment of the settlement value. If there is no annuitant at that time,
the new annuitant will be the oldest new owner.
Under any of these options, all ownership rights are available to the new owner
from the date of your death to the date on which the death benefit or settlement
value is paid.
DEATH BENEFIT. The death benefit is the greater of:
the sum of all purchase payments, less any withdrawals, applicable early
withdrawal charges and premium tax; or
the cash value on the date we receive due proof of death; or
the cash value on the most recent death benefit anniversary, less any
withdrawals, applicable early withdrawal charges and premium tax de-ducted
from the cash value since that anniversary.
The death benefit anniversaries are those contract anniversaries that are
multiples of 6 contract years, beginning with the 6th contract anniversary. For
example, the 6th, 12th and 18th contract anniversaries are the first three
death benefit anniversaries.
We will calculate the value of the death benefit at the end of the valuation
period coinciding with our receipt of a complete request for payment of the
death benefit. A complete request includes due proof of death.
SETTLEMENT VALUE. The settlement value is the cash value less any applicable
early withdrawal charges and premium tax. We will calculate the settlement
value at the end of the valuation period coinciding with the receipt of a
request for payment or on the manda-tory distribution date of 5 years after the
date of death.
- --------------------------------------------------------------------------------
PAYOUT PHASE
- --------------------------------------------------------------------------------
PAYOUT PHASE DEFINED. The payout phase is the second of the two phases in the
life of your Contract. During this period the cash value is applied to the
income plan you choose and is paid out as provided under that plan.
The payout phase begins on the payout start date. It continues until we make
the last payment as provided by the income plan chosen.
PAYOUT START DATE. The anticipated payout start date is shown on the Annuity
Data page. You may change the payout start date by writing to us at least 30
days prior to the payout start date.
The latest payout start date is the later of:
the annuitant's 85th birthday; or
the 10th anniversary of this Contract's issue date.
Unless changed as described above, we will use the payout start date shown on
the Annuity Data page.
Page 6
<PAGE>
INCOME PLANS. An income plan is an arrangement for disbursing the cash value in
installments. The cash value on the payout start date, less any applicable
premium tax, will be applied to your choice of income plan from the following
list:
1. LIFE INCOME WITH 120 MONTHS GUARANTEED. We will make monthly payments for
as long as the annuitant lives. If the annuitant dies before 120 monthly
payments have been made, we will pay the remainder of the 120 guaranteed
monthly payments to the owner.
2. JOINT AND SURVIVOR LIFE INCOME. We will make monthly payments for as long
as either the annui-tant or any joint annuitant named by you lives. No
income payments will be made after the deaths of both the annuitant and the
joint annuitant.
3. PAYMENTS FOR A SPECIFIED PERIOD. We will make monthly payments beginning
on the payout start date for a specified period. These payments do not
depend on the annuitant's life. Income payments for less than 120
months may be subject to early withdrawal charges. If payments for a
Specified Period are chosen and the proceeds are derived from the variable
account, the owner (or the beneficiary if the sole owner dies) may
sur-render the Contract at any time by notifying the Company in writing.
We reserve the right to accept other income plans.
INCOME PAYMENTS. Income payments may be based on the variable account, the
fixed account or both. Your initial income payment will be based on the
division of your cash value between the investment alternatives on the payout
start date. Each income payment represents a sum of payments derived from
each investment alternative in which you have an in-terest.
A portion of the contract maintenance charge will be deducted from each income
payment.
VARIABLE ACCOUNT. Income payments attributable to sub-accounts of the variable
account will vary in ac-cordance with the investment results of the mutual funds
underlying the sub-accounts.
The amount of the first income payment from a subaccount of the variable
account is calculated by ap-plying the portion of cash value allocated to the
sub-account, less any applicable premium tax, to the Income Payment Tables.
Subsequent income payments are based on the num- ber of annuity units derived
from dividing the first in-come payment by the sub-account's annuity unit value
on the payout start date. The number of annuity units will remain the same
unless a transfer is made be-tween sub-accounts or the fixed account.
Variable account income payments after the first will be equal to the number of
annuity units for each sub-account multiplied by the corresponding annuity unit
value on the date of payment.
Expenses actually incurred, other than taxes on the investment return, and
mortality actually experienced will not affect the dollar amount of income
payments once payments based on the variable account have commenced.
ANNUITY UNIT VALUE. The annuity unit value for each sub-account of the variable
account at the end of any valuation period is calculated by:
multiplying the prior value by the sub-account's net investment factor
during the period; and then
dividing the product by 1.000 plus the assumed investment rate for the
period. The assumed investment rate is an effective annual rate of 3%.
FIXED ACCOUNT. Income payment amounts derived from the fixed account are
guaranteed for the duration of the income plan. Cash value from the fixed
account, less any applicable premium tax, will be used to purchase a Single
Premium Immediate Annuity from us. Income payments from the fixed account will
at least be equal to an amount determined from the Income Payment Tables.
TRANSFERS. After the payout start date, no transfers may be made from the fixed
account. Transfers between sub-accounts of the variable account, or from the
variable account to the fixed account may not be made for six months subsequent
to the payout start date. Transfers may be made once every six months
thereafter. Transfers out of a sub-account of the variable account after the
payout start date will cancel annuity units from that sub-account.
PAYOUT TERMS AND CONDITIONS. The income payments are subject to the following
terms and conditions:
Income payments will start on the first day of the calendar month that
coincides with or next follows the payout start date.
If we do not receive a written choice of income plan from you at least 30
days before the payout start date, we will use the income plan listed on
the Annuity Data page.
If you choose an income plan which depends on any person's life, we
may require proof of age and sex before income payments begin.
We may require proof that the annuitant or joint annuitant is still alive
before we make any payment that depends on their continued life.
After the cash value has been applied to an income plan on the payout start
date, the income plan cannot be changed and no withdrawals can be made.
If no purchase payments have been received for three full years and the
cash value is less than $2,000, or is not enough to provide an initial
payment of at least $20, we reserve the right to:
change the payment frequency to make the payment at least $20, or
terminate the Contract and pay you the cash value in a lump sum.
If the owner dies on or after the payout start day and before the entire
interest in this contract is
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<PAGE>
distributed, the remaining portion of such interest will be distributed at least
as rapidly as under the method of distribution being used at the date of death.
- --------------------------------------------------------------------------------
GENERAL PROVISIONS
- --------------------------------------------------------------------------------
THE ENTIRE CONTRACT. The entire contract consists of this Contract, the
attached application, and any attached endorsements.
All statements made in written applications are representations and not
warranties. No statement will be used by us in defense of a claim or to void a
Contract unless it is included in a written application.
Only our officers may change the Contract or waive a right or requirement. No
other individual may do this.
Any such change or waiver must be in a written endorsement and will be subject
to approval by the Superintendent of Insurance of the State of New York.
We may not modify this Contract without your consent, except to make it comply
with any changes in the Internal Revenue Code or as required by any other
applicable law.
INCONTESTABLE. We will not contest the validity of this Contract after the
issue date.
MISSTATEMENT OF AGE OR SEX. If any age or sex has been misstated, we will pay
the amounts which would have been provided at the correct age or sex.
If we find the misstatement of age or sex after the income payments begin, we
will:
pay promptly the sum of all amounts that we underpaid plus due interest; or
stop payments until the total of the omitted payments at the corrected
amount plus due interest is equal to the total of the overpayment plus due
interest.
For purposes of the Misstatement of Age or Sex provision, due interest will be
calculated at an effective annual rate of 6%.
ANNUAL STATEMENT. At least once a year, prior to the payout start date, we will
send you a statement containing information required by any applicable law.
SETTLEMENTS. We may require that this Contract be returned to us prior to any
settlement. We must receive due proof of death of the owner or annuitant prior
to settlement of a death claim. Due proof of death is one of the following:
a copy of a certified death contract; or
a copy of a certified decree of a court of competent jurisdiction as to a
finding of death; or
any other proof acceptable to us.
Any cash surrender or death benefit under this Contract will not be less than
the minimum benefits required by any statute of the state in which the Contract
is delivered.
DEFERMENT OF PAYMENTS. We will pay any amounts due from the variable account
under this Contract within seven days, unless:
the New York Stock Exchange is closed for other than usual weekends or
holidays, or trading on such Exchange is restricted;
an emergency exists as defined by the Securities and Exchange Commission;
or
the Securities and Exchange Commission permits delay for the protection of
Contract holders.
We reserve the right to postpone payments or transfers from the fixed account
for up to six months.
VARIABLE ACCOUNT MODIFICATIONS. We reserve the right, subject to applicable
law, to make additions to, deletions from, or substitutions for the mutual fund
shares underlying the sub-accounts of the variable account. We will not
substitute any shares attributable to your interest in a sub-account of the
variable account without notice to you and prior approval of the Superintendent
of Insurance of the State of New York and the Securities and Exchange
Commission, to the extent required by the Investment Company Act of 1940.
We reserve the right to establish additional sub-accounts of the variable
account, each of which would invest in shares of another mutual fund. You may
then instruct us to allocate purchase payments to such sub-accounts, subject
to any terms set by us or the mutual fund.
In the event of any such substitution or change, we may by endorsement, make
such changes as may be necessary or appropriate to reflect such substitution
or change.
If we deem it to be in the best interests of persons having voting rights under
the contracts, the variable account may be operated as a management company
under the Investment Company Act of 1940 or it may be deregistered under such
Act in the event such registration is no longer required. Any such change in
the operation of the variable account would be subject to the prior approval of
the Superintendent of Insurance of the State of New York.
Page 8
<PAGE>
- --------------------------------------------------------------------------------
INCOME PAYMENT TABLES
- --------------------------------------------------------------------------------
The Income Payment Tables show the initial monthly income payment per $1,000 of
cash value applied for each of the income plans listed in the Payout Phase
section. The Income Payment Tables are based on 3% interest and the 1983 Table
a Annuity Mortality Tables with the following age adjustment. The age(s) of the
annuitant and any joint annuitant at his or her last
birthday on or prior to the payout start date will be set back one year for each
six full years between January 1, 1983 and the payout start date. Income
payments for ages not shown in this section will be determined on a basis
consistent with that used to determine those that are shown.
INCOME PLAN 1 - LIFE WITH 120 MONTHS GUARANTEED
<TABLE>
<CAPTION>
------------------------------------------------------------------------------------------------------------------------------
First Income Payment for Each $1,000 of Cash Value
------------------------------------------------------------------------------------------------------------------------------
Annuitant's Annuitant's Annuitant's
Age Male Female Age Male Female Age Male Female
------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
35 $ 3.43 $ 3.25 49 $ 4.15 $ 3.82 63 $5.52 $4.97
36 3.47 3.28 50 4.22 3.88 64 5.66 5.09
37 3.51 3.31 51 4.29 3.94 65 5.80 5.22
38 3.55 3.34 52 4.37 4.01 66 5.95 5.35
39 3.60 3.38 53 4.45 4.07 67 6.11 5.49
40 3.64 3.41 54 4.53 4.14 68 6.27 5.64
41 3.69 3.45 55 4.62 4.22 69 6.44 5.80
42 3.74 3.49 56 4.71 4.29 70 6.61 5.96
43 3.79 3.53 57 4.81 4.38 71 6.78 6.13
44 3.84 3.58 58 4.92 4.46 72 6.96 6.31
45 3.90 3.62 59 5.02 4.55 73 7.13 6.50
46 3.96 3.67 60 5.14 4.65 74 7.31 6.69
47 4.02 3.72 61 5.26 4.75 75 7.49 6.88
48 4.08 3.77 62 5.39 4.86
------------------------------------------------------------------------------------------------------------------------------
</TABLE>
INCOME PLAN 2 - JOINT AND SURVIVOR
<TABLE>
<CAPTION>
---------------------------------------------------------------------------------------------------
Male First Income Payment for Each $1,000 of Cash Value
Annuitant's --------------------------------------------------------------------------------------
Age Female Annuitant's Age
35 40 45 50 55 60 65 70 75
---------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
35 $3.09 3.16 3.23 3.28 3.32 3.36 3.39 3.41 3.42
40 3.13 3.22 3.31 3.39 3.46 3.52 3.56 3.59 3.62
45 3.17 3.28 3.39 3.50 3.60 3.69 3.76 3.82 3.86
50 3.19 3.32 3.45 3.60 3.74 3.87 3.99 4.08 4.14
55 3.21 3.35 3.51 3.68 3.87 4.06 4.23 4.38 4.49
60 3.23 3.37 3.55 3.75 3.98 4.23 4.48 4.71 4.91
65 3.24 3.39 3.58 3.80 4.07 4.38 4.72 5.06 5.38
70 3.24 3.40 3.60 3.84 4.13 4.50 4.92 5.40 5.89
75 3.25 3.41 3.61 3.86 4.18 4.58 5.08 5.68 6.37
---------------------------------------------------------------------------------------------------
</TABLE>
Page 10
<PAGE>
INCOME PLAN 3 - PAYMENTS FOR A SPECIFIED PERIOD
------------------------------------------------------------------
First Income Payment for Each
Specified Period $1,000 of Cash Value
------------------------------------------------------------------
10 Years $9.61
11 Years 8.86
12 Years 8.24
13 Years 7.71
14 Years 7.26
15 Years 6.87
16 Years 6.53
17 Years 6.23
18 Years 5.96
19 Years 5.73
20 Years 5.51
------------------------------------------------------------------
Page 10
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
(HEREIN CALLED "WE" OR "US")
FIXED ACCOUNT AMENDATORY ENDORSEMENT
THE FOLLOWING REPLACES THE FIXED ACCOUNT SUBSECTION IN THE ACCUMULATION PHASE
SECTION OF YOUR CONTRACT:
FIXED ACCOUNT. The fixed account for this Contract is the Allstate Life of New
York general account. The general account consists of all assets of the company,
other than those in any separate accounts. Money in the fixed account consists
of all assets of the company, other than those in any separate accounts. Money
in the fixed account will earn interest at the current rate in effect at the
time of allocation or transfer to the fixed account for the guarantee period.
We will offer initial guarantee periods of 1 year and 6 years. After the
initial guarantee period, a renewal rate will be declared annually. Subsequent
renewal dates will be on anniversaries of the first renewal date. The current
rate and the renewal rate(s) will never be less than 3%.
Interest is credited to the fixed account daily during the accumulation phase.
The rates we quote when referring to interest credits are effective annual
interest rates. "Effective annual rate" means the yield earned when interest
credits at the underlying daily rate have compounded for a full year.
THE FOLLOWING REPLACES THE TRANSFERS SUBSECTION IN THE ACCUMULATION PHASE
SECTION OF YOUR CONTRACT:
TRANSFERS. Prior to the payout start date, you may transfer amounts between
investment alternatives. You may make 12 transfers per contract year without
charge. Each transfer after the 12th transfer in any contract year will be
assessed a $25 transfer fee. Transfers are subject to the following
restrictions:
the minimum amount that may be transferred from an investment alternative
is $100; if the total amount in an investment alternative is less than
$100, the entire amount may be transferred;
the minimum transfer to any one guarantee period of the fixed account is
$500;
the maximum amount which may be transferred from the fixed account to the
variable account or between guarantee periods of the fixed account in any
contract year is limited to the greater of:
25% of the value in the fixed account on the most recent contract
anniversary. If 25% of the most recent value is greater than zero but
less than $1,000, then up to $1,000 may be transferred; or
25% of the sum of purchase payments allocated to the fixed account and
transfers to the fixed account, all as of the most recent contract
anniversary.
<PAGE>
if the first renewal interest rate is less than the current rate that was
in effect at the time money was allocated or transferred to the fixed
account, the 25% transfer restriction for both that money and the
accumulated interest thereon will be waived during the 60 day period
following the first renewal date.
/s/ Michael J. Velotta /s/ Louis G. Lower, II
Secretary President
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
HEREIN CALLED ("WE OR US")
AMENDATORY ENDORSEMENT
I. The third and fourth paragraphs in the Owner provision on page 4 of your
Contract are deleted and replaced by the following:
You may change the owner or beneficiary at any time. If you are a natural
person, you may change the annuitant prior to the Payout Start Date. Once
we have received a satisfactory written request for an owner, beneficiary
or annuitant change, the change will take effect as of the date you signed
it. We are not liable for any payment we make or other action we take
before receiving any written request from you. We are not responsible for
the tax consequences of an owner, beneficiary or annuitant change.
II. The fourth paragraph in the Death of Owner or Annuitant provision on page 7
of your Contract is deleted and replaced by the following:
If any annuitant dies who is not also an owner, the owner must elect an
applicable option listed below. If the option selected is 1(a) or 1(b)(ii)
below, the new annuitant will be the youngest owner, unless the owner names
a different annuitant.
1. IF THE OWNER IS A NATURAL PERSON:
a. The owner may choose to continue this Contract as if the death had
not urred; or
b. If we receive due proof of death within 180 days of the date of
the annuitant's death, then the owner may alternatively choose to:
i. Receive the Death Benefit in a lump sum; or
ii. Apply the Death Benefit to an Income Plan which must begin within
one year of the date of death and must be for a period equal to or
less than the life expectancy of the owner.
2. IF THE OWNER IS A NON-NATURAL PERSON:
The owner must receive the Death Benefit in a lump sum.
<PAGE>
III. The following provision is added to the Withdrawal Amount without Early
Withdrawal Charge provision on page 6 of your Contract:
Withdrawal charges will be waived on partial withdrawals taken to satisfy
qualified plan required minimum distribution rules as described in the
Internal Revenue Code. This waiver is permitted only for withdrawals which
satisfy distributions resulting from this Contract.
Except as amended, the Contract remains unchanged.
/s/ Michael J. Velotta /s/ Louis G. Lower, II
Michael J. Velotta Louis G. Lower, II
Secretary President
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
(HEREIN CALLED "WE" OR "US")
AMENDATORY ENDORSEMENT FOR IRA PLANS
The following provisions are added to your Contract and will take precedence
over any other provision to the contrary in your Contract:
1. The owner of this Contract must be the annuitant.
2. You may not:
a. transfer;
b. sell;
c. assign;
d. discount; or
e. pledge
this Contract for any other purpose.
3. Your rights in this Contract are nonforfeitable. This Contract is for
the exclusive benefit of you and your benefi-ciaries.
4. Except as described below, the annual premium under the Contract shall not
exceed the lesser of $2,000 or 100% of compensation. In the case of a
spousal IRA, the maximum contribution shall not exceed the lesser of
$2,250 or 100% of compensation, but no more than $2,000 can be paid to
either spouse's IRA. The exceptions are:
a. The above limits shall not apply to "rollover contributions" as that
term is described in Sections 402(a)(5), 402(a)(6), 402(a)(7),
403(a)(4), 403(b)(8) and 408(d)(3), or for a contribution made in
accord with a Simplified Employee Pension (SEP) as described in
Section 408(k) of the Internal Revenue Code.
b. In addition to any amounts you contribute, your employer can
contribute annually up to the lesser of 15% of your compensation or
$30,000 under 408(k) of the Internal Revenue Code, as part of a
qualified SEP.
c. If any or all of the above contribution limits change due to a change
in such limits in the Internal Revenue Code, a new endorsement will be
issued after approval by the Internal Revenue Service and the Super-
intendent of Insurance of the State of New York.
5. Your entire interest must be or begin to be distributed by April 1
following the calendar year in which you reach age 70 1/2. You must take
distributions in accordance with the requirements of Section 401(a)(9) of
the Internal Revenue Code and the regulations thereunder. The
distribution may be made in a single sum or in periodic payments
over:
a. your life; or
b. the lives of you and your "designated beneficiary"; or
c. a period certain not extending beyond your life expectancy; or
d. a period certain not extending beyond the life expectancy of you and
your "designated beneficiary".
For purposes of this endorsement "designated beneficiary" is the joint
annuitant that you may name prior to the payout start date.
6. If your spouse is the "designated beneficiary", the minimum amount you are
required to receive for any tax year is at least equal to:
a. the value of the Contract at the end of the prior year; divided by
b. your life expectancy (or the joint life and last survivor expectancy
of you and your "designated beneficiary") using the age(s) as of your
birthday(s) in that year.
7. If your spouse is not the "designated beneficiary":
a. the minimum amount you are required to receive beginning with the
first calendar year for which distributions are required, and each
year thereafter, is:
1) the value of the Contract at the end of the prior year; divided
by
2) the lesser of:
a) the applicable life expectancy; or
<PAGE>
b) the applicable divisor contained in 1.401(a)(9)-2 of the
Proposed Income Tax Regulations.
b. if payments are made in the form of a period certain annuity, the
maximum period certain at the required beginning date is defined in
Q & A -4 of 1.401(a)(9)-2.
c. if the payments are made in the form of a joint and survivor annuity,
the payment to the survivor must not exceed the applicable percentage
as defined in 1.401(a)(9)-2.
8. For purposes of calculating the minimum annual distribution from this
Contract, life expectancies are determined by the return multiples
contained in Tables V and VI of section 1.72-9 of the Income Tax
Regulations. Life expectancies of you and your spouse (if your spouse is
the "designated beneficiary") may be recalculated annually. The life
expectancy of a non-spousal "designated beneficiary" may not be
redetermined.
Your life expectancy and any spousal "designated beneficiary's" life
expectancy will be redetermined annually using 1.72-9 unless you elect
otherwise prior to the start of the required distributions.
If you elect not to have life expectancies redetermined annually, or if
your beneficiary is not your spouse, then life expectancies will be
calculated only once, at the time of the first payment, and will thereafter
decrease at the rate of 1 year per year elapsed. If made, this election is
irrevocable and will apply to all subsequent years.
9. If you die before distribution has begun and your beneficiary is your
surviving spouse, your spouse must elect one of the following forms of
distribution:
a. a life annuity; or
b. one or more certain payments over a period no longer than his/her own
life expectancy; or
c. treat the account as his/her own IRA.
If the form of distribution elected is a. or b. above, equal or
substantially equal payments will be made over your spouse's life or life
expectancy. The form of distribution must be elected within five years
after your death or the calendar year in which you would have attained age
70 1/2, whichever is earlier. If the form of distribution is a. or b.
above, payments must commence within one year of your death or the year in
which you would have at-tained age 70 1/2, whichever is later. If your
surviving spouse makes a regular IRA contribution to the account, makes a
rollover to or from the account, or fails to elect any of the three forms
of distribution listed above, then c. above is deemed to have been elected.
Any amount paid to a child of the owner will be treated as if it were
paid to the surviving spouse if the remainder of the interest becomes
payable to the surviving spouse when the child reaches age of majority.
10. If you die before distribution has begun and your beneficiary is not your
surviving spouse, the beneficiary must either:
a. start receiving payments within one year of your death as a life
annuity or one or more certain payments over a period not longer than
his/her life expectancy; or
b. have the proceeds totally distributed within five years of your death,
if a. above has not been elected.
Distribution will be made in equal or substantially equal payments over the
life or life expectancy of your bene-ficiary.
11. For the purpose of the distribution rules described in the two preceding
sections, the payments to be received by your beneficiary will be computed
using the return multiples specified in Tables V and VI of section 1.72-9
of the Income Tax Regulations. Life expectancies of a surviving spousal
beneficiary may be recalculated annually. The life expectancy of a
non-spousal beneficiary may not be redetermined.
If the beneficiary is your spouse, his/her life expectancy will be
redetermined annually using 1.72-9 unless he/she elects otherwise prior to
the start of the required distributions.
If your spouse is the beneficiary and does not elect to have life
expectancies redetermined annually, or if your beneficiary is not your
spouse, then life expectancies will be calculated only once, at the time of
the first payment, and will thereafter decrease at the rate of 1 year per
year elapsed. If made, this election is irrevocable and will apply to all
subsequent years.
12. If you die after distribution has begun, any remaining payments shall
continue to be paid to your beneficiaries at least as rapidly as under the
method of distribution in effect.
13. Distributions after your death shall be made using the applicable life
expectancy as the relevant divisor without regard to proposed regulation
1.401(a)(9)-2.
/s/ Michael J. Velotta /s/ Louis G. Lower, II
Secretary President
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
(HEREIN CALLED "WE" OR "US")
AMENDATORY ENDORSEMENT FOR UNISEX PLANS
All references to sex are deleted from your contract.
The Income Payment Tables show the initial monthly income payment per $1,000 of
cash value applied for each of the income plans listed in the Payout Phase
section. The tables below are to be used in place of "Income Plan 1 - Life with
120 Months Guaranteed" and "Income Plan 2 - Joint and Survivor" tables in the
Income Payment Tables section. The Unisex Income Payment Tables below are based
on 3% interest and an 80% female, 20% male blend of the sex distinct 1983 Table
a Annuity Mortality Tables with the following age adjustment. The age(s) of the
annuitant and any joint annuitant at his or her last birthday on or prior to the
payout start date will be set back one year for each six full years between
January 1, 1983 and the payout start date. Income payments for ages not shown
in this section will be determined on a basis consistent with that used to
determine those that are shown.
INCOME PLAN 1 - LIFE WITH 120 MONTHS GUARANTEED
<TABLE>
<CAPTION>
- -----------------------------------------------------------------------------------------
First Income Payment for Each $1,000 of Cash Value
- -----------------------------------------------------------------------------------------
Annuitant's Annuitant's Annuitant's
Age Amount Age Amount Age Amount
- -----------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
35 3.29 49 3.89 63 5.08
36 3.32 50 3.95 64 5.20
37 3.35 51 4.01 65 5.34
38 3.38 52 4.08 66 5.47
39 3.42 53 4.15 67 5.61
40 3.46 54 4.22 68 5.77
41 3.50 55 4.30 69 5.93
42 3.54 56 4.37 70 6.09
43 3.58 57 4.47 71 6.26
44 3.63 58 4.55 72 6.44
45 3.68 59 4.64 73 6.63
46 3.73 60 4.75 74 6.81
47 3.78 61 4.85 75 7
48 3.83 62 4.97
- -----------------------------------------------------------------------------------------
</TABLE>
INCOME PLAN 2 - JOINT AND SURVIVOR
<TABLE>
<CAPTION>
- -------------------------------------------------------------------------------------------------------------
First Income Payment for Each $1,000 of Cash Value
Annuitant's ----------------------------------------------------------------------------------------
Age Joint Annuitant's Age
35 40 45 50 55 60 65 70 75
- -------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
35 $3.07 3.12 3.17 3.20 3.23 3.25 3.26 3.27 3.28
40 3.12 3.20 3.26 3.32 3.36 3.39 3.42 3.44 3.45
45 3.17 3.26 3.35 3.44 3.51 3.56 3.61 3.64 3.66
50 3.20 3.32 3.44 3.55 3.66 3.75 3.82 3.88 3.91
55 3.23 3.36 3.51 3.66 3.81 3.95 4.07 4.17 4.23
60 3.25 3.39 3.56 3.75 3.95 4.16 4.34 4.50 4.62
65 3.26 3.42 3.61 3.82 4.07 4.34 4.62 4.88 5.09
70 3.27 3.44 3.64 3.88 4.17 4.50 4.88 5.27 5.63
75 3.28 3.45 3.66 3.91 4.23 4.62 5.09 5.63 6.20
- -------------------------------------------------------------------------------------------------------------
</TABLE>
/s/ Michael J. Velotta /s/ Louis G. Lower, II
Secretary President
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
(HEREIN CALLED "WE" OR "US")
AMENDATORY ENDORSEMENT FOR SECTION 403(b) ANNUITIES
This CONTRACT is changed as follows:
1. The owner of this contract must be the ANNUITANT.
2. You may not:
a. transfer;
b. sell;
c. assign;
d. discount; or
e. pledge
this CONTRACT either as collateral for a loan or as security for the
performance of an obligation or for any other purpose, to any person but
us.
3. Account balances accruing after December 31, 1986 must begin to be paid out
by the April 1 after the calendar year in which you reach age 70 1/2. The
distribution may be made in a single sum or in periodic payments. The
payments must be over:
a. your life;
b. the lives of you and your beneficiary;
c. a period certain not extending beyond your life expectancy; or
d. a period certain not extending beyond the life expectancy of you and
your beneficiary.
The minimum amount you are required to receive for any tax year is:
a. the value of the CONTRACT at the end of the prior year, divided by;
b. your life expectancy (or the joint and last survivor expectancy of you
and your beneficiary) using the age(s) as of your birthday(s) in that
year.
4. Life expectancies are determined by the return multiples contained in
1.72-9 of the Income Tax Regulations. Your life expectancy or your
spouse's life expectancy may be redetermined annually using 1.72-9.
However, the life expectancy of a beneficiary who is not your spouse is
determined by 1.72-9 only once - at the time of the first payment
- and thereafter decreases at the rate of one year per year elapsed.
5. For account balances accruing after December 31, 1988 distributions of
contributions made under a salary reduction agreement may only occur upon:
a. attainment of age 59 1/2;
b. separation from service;
c. death;
<PAGE>
d. disability (as defined in Internal Revenue Code Section 72(m)(7)),
which states an individual shall be considered to be disabled if he is
unable to engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment with can be
expected to result in death or to be of long-continued and indefinite
duration. An individual shall not be considered to be disabled unless
he furnishes proof of the existence thereof in such form and manner
as the Secretary of the Treasury may require); or
e. hardship (as defined in Regulation Section 1.401(k)-1(d)(2) ).
In the case of hardship distributions:
1) Income due to these contributions cannot be withdrawn; and
2) The plan must contain provisions allowing hardship withdrawals
and may define hardship more restrictively than the Internal
Revenue Code Regulations. In the event that the provisions of
the plan are inconsistent with the Internal Revenue Code and
Regulations, then the plan provisions are controlling.
For the purpose of this endorsement, "account balances" includes:
1. any contributions to the CONTRACT after the specified date:
a. December 31, 1986; or
b. December 31, 1988
whichever is applicable; and
2. all earnings credited to the CONTRACT after the specified date.
You are permitted to directly rollover to an eligible retirement plan (i.e.,
IRA, 401(a), or 403(b)) all or a portion of any eligible rollover distribution
which you receive. In the case of an eligible rollover distribution to your
surviving spouse, an eligible retirement plan is limited to an IRA.
An eligible rollover distribution is any distribution from your account except:
1. one of a series of payments pursuant to a life or a joint life income
option, or
2. one of a series of payments pursuant to a period certain income option
based on your life expectancy (or joint life expectancy of you and your
designated beneficiary), or
3. one of a series of substantially equal periodic payments for a specified
period of ten years or more, or
4. one that qualifies as a required minimum distribution as defined by section
401(a)(9) of the Internal Revenue Code.
/s/ Michael J. Velotta /s/ Louis G. Lower, II
Secretary President
<PAGE>
<TABLE>
<CAPTION>
<S><C>
APPLICATION FOR VARIABLE ANNUITY II
ISSUED BY ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
Send Application to: Allstate Life Insurance Company of New York, P.O. Box 9095, Farmingville, NY 11738-9095
- ------------------------------------------------------------------------------------------------------------------------------------
1. TOTAL PURCHASE PAYMENT $_____________________
- ------------------------------------------------------------------------------------------------------------------------------------
2. INVESTMENT ALTERNATIVE ALLOCATION (The allocation percents must be whole percents and they must add to 100%.)
_____% Money Market Portfolio (MMP) _____% Dividend Growth Portfolio (DIV)
_____% High Yield Portfolio (HYP) _____% Capital Growth Portfolio (CAP)
_____% Strategist Portfolio (STG) _____% Global Dividend Growth Portfolio (GLB)
_____% Utilities Portfolio (UTL) _____% Pacific Growth Portfolio (TGR)
_____% European Growth Portfolio (EUR) _____% Capital Appreciation Portfolio (APP)
_____% Quality Income Plus Portfolio (QIP) _____% Income Builder Portfolio (INC)
_____% Equity Portfolio (SEP) _____% Fixed Account One Year Guarantee Period (FXD)
_____% Fixed Account Six Year Guarantee Period (FXD)
- ------------------------------------------------------------------------------------------------------------------------------------
3. OWNER / / Male / / Female (mm/dd/yy)
Name___________________________________ Soc. Sec. No._____________________________ Birthdate__________________________
Address________________________________ City _____________________________________ State______________ Zip ___________
(If more than one owner is named, the owners will be joint owners.)
/ / Male / / Female Relationship to Owner_____________________ (mm/dd/yy)
Name___________________________________ Soc. Sec. No._____________________________ Birthdate__________________________
Address________________________________ City _____________________________________ State______________ Zip ___________
- ------------------------------------------------------------------------------------------------------------------------------------
4. ANNUITANT (Leave blank if same as sole Owner; otherwise complete) (mm/dd/yy)
/ / Male / / Female Relationship to Owner_____________________
Name___________________________________ Soc. Sec. No._____________________________ Birthdate__________________________
Address________________________________ City _____________________________________ State______________ Zip ___________
- ------------------------------------------------------------------------------------------------------------------------------------
5. BENEFICIARY (Leave blank if spouse of sole Owner; otherwise complete.)
Name___________________________________ Relationship to Owner_________________________________________________________
Name___________________________________ Relationship to Owner_________________________________________________________
- ------------------------------------------------------------------------------------------------------------------------------------
6. REPLACEMENT Will this annuity replace or change any existing annuity or life insurance? / / Yes / / No
(If yes, complete the following.)
Company_____________________________________________________ Policy No._______________________________________________
Cost basis__________________________________________________ Policy/App. Date_________________________________________
- ------------------------------------------------------------------------------------------------------------------------------------
7. TAX QUALIFIED PLAN / / Yes / / No (If yes, complete the following)
/ / IRA / / IRA Rollover / / IRA Transfer / / 401(a)(pension)
/ / 403(b)(TSA) / / SEP/year of Contribution__________(Attach Form 5305) / / Other___________________
- ------------------------------------------------------------------------------------------------------------------------------------
8. SPECIAL INSTRUCTIONS
- ------------------------------------------------------------------------------------------------------------------------------------
A copy of this application signed by the agent will be the receipt for first purchase payment. If Allstate Life Insurance
Company of New York ("Allstate") declines this application, Allstate will have no liability except to return the first purchase
payment.
I have read the above statements and represent that they are complete and true to the best of my knowledge and belief. I agree
that this application shall be a part of the Contract issued by Allstate. Allstate may add to or correct the application in the
space labeled 'Home Office Endorsement.' By accepting the Contract issued, I agree to any additions or corrections to this
application. Allstate will obtain written agreement form me for any change in the investment allocation, benefits, type of plan, or
birthdates.
I UNDERSTAND THAT CONTRACT VALUES AND INCOME PAYMENTS BASED ON THE INVESTMENT EXPERIENCE OF A SEPARATE ACCOUNT ARE VARIABLE AND
NOT GUARANTEED AS TO DOLLAR AMOUNT. I ACKNOWLEDGE RECEIPT OF THE CURRENT PROSPECTUS FOR THIS VARIABLE ANNUITY.
Signed At______________________________________________________________________________________ Date_____/_____/_____
City State
________________________________________ ________________________________________ ________________________________________
Signature(s) of Owner(s) Signature of Annuitant, if not Owner
- ------------------------------------------------------------------------------------------------------------------------------------
HOME OFFICE ENDORSEMENT
- ------------------------------------------------------------------------------------------------------------------------------------
AGENT USE ONLY Do you have any reason to believe that the Contract(s) applied for are to replace or change any existing annuity or
life insurance? / / YES / / NO
Agent's Signature_____________________________________________________
Branch/AE No.________________________ Transaction No._________________ Phone Number_________________
- ------------------------------------------------------------------------------------------------------------------------------------
NYLR119 40907 1/97
</TABLE>
<PAGE>
ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK
HUNTINGTON STATION, NEW YORK 11746
Home Office
Life Law & Regulation
June 8, 1990
To: Allstate Life Insurance Company of New York
Huntington Station, New York 11746
From: Robert S. Seiler, Senior Vice President,
Secretary and General Counsel
Re: Form N-4 Registration Statement Under
the Investment Company Act of 1940
I have examined the above-mentioned document and the laws that I consider
necessary and appropriate. On the basis of such examination, it is my opinion
that:
1. The Allstate Life Insurance Company of New York is duly organized and
validly existing under the laws of the State of New York and has been
duly authorized to issue variable annuity contracts by the New York
Department of Insurance;
2. The Allstate Life of New York Variable Annuity Separate Account II is
a duly authorized and separately existing account established pursuant
to Section 4240 of the New York Insurance Code by Board Resolution
dated May 21, 1990, and;
3. The flexible premium variable annuity contracts when issued as
contemplated by the Form N-4 Registration Statement will constitute
legally and validly issued and binding obligations of Allstate Life
Insurance Company of New York.
/s/ Robert S. Seiler
-----------------------------
ROBERT S. SEILER, Senior Vice
President, Secretary and
General Counsel
<PAGE>
Exhibit (10)(a)
Consent of Accountants
<PAGE>
INDEPENDENT AUDITORS' CONSENT
We consent to the use in this Post-Effective Amendment No. 10 to Registration
Statement No. 33-35445 on form N-4 of our report dated March 1, 1996
related to the financial statements of Allstate Life of New York Variable
Annuity Account II and our report dated March 1, 1996 related to the financial
statements and financial statement schedules of Allstate Life Insurance Company
of New York contained in the Statement of Additional Information (which is
incorporated by reference in the Prospectus of Allstate Life of New York
Variable Annuity Account II of Allstate Life Insurance Company of New York)
which is part of such Registration Statement, and to the reference to us under
the heading "Experts" in such Statement of Additional Information.
/s/ Deloitte & Touche LLP
Chicago, Illinois
December 27, 1996
<PAGE>
December 23, 1996
CONSENT OF COUNSEL
We hereby consent to the reference to this firm under the caption Legal
Matters in the Statement of Additional Information forming part of
Post-Effective amendment No. 10 to the Registration Statement on Form N-4 for
Allstate Life of New York Variable Annuity Account II (File No. 33-35445)
Routier and Johnson, P.C.
By: /s/ Gregor B. McCurdy
-----------------------
Gregor B. McCurdy
<PAGE>
EXHIBIT 99
POWER OF ATTORNEY
WITH RESPECT TO THE ALLSTATE LIFE INSURANCE COMPANY OF
NEW YORK VARIABLE ANNUITY ACCOUNT II CONTRACT
Know all men by these presents that Sharmaine M. Miller whose signature
appears below, constitutes and appoints Louis G. Lower, II, and Michael J.
Velotta, and each of them, her attorneys-in-fact, with power of substitution,
and her in any and all capacities, to sign any registration statements and
amendments thereto for the Allstate Life Insurance Company of New York Variable
Annuity Account II Contract and to file the same, with exhibits thereto and
other documents in connection therewith, with the Securities and Exchange
Commission, hereby ratifying and confirming all that each of said attorneys-in-
fact, or his substitute or substitutes, may do or cause to be done by virtue
hereof.
September 16, 1996
-----------------------------------
Date
/s/ Sharmaine M. Miller
-----------------------------------
Sharmaine M. Miller
Chief Administrative Officer
And Director
<PAGE>
POWER OF ATTORNEY
WITH RESPECT TO THE ALLSTATE LIFE INSURANCE COMPANY OF
NEW YORK VARIABLE ANNUITY ACCOUNT II CONTRACT
Know all men by these presents that Karen C. Gardner whose signature
appears below, constitutes and appoints Louis G. Lower, II, and Michael J.
Velotta, and each of them, her attorneys-in-fact, with power of substitution,
and her in any and all capacities, to sign any registration statements and
amendments thereto for the Allstate Life Insurance Company of New York Variable
Annuity Account II Contract and to file the same, with exhibits thereto and
other documents in connection therewith, with the Securities and Exchange
Commission, hereby ratifying and confirming all that each of said attorneys-in-
fact, or his substitute or substitutes, may do or cause to be done by virtue
hereof.
September 18, 1996
-----------------------------------
Date
/s/ Karen C. Gardner
-----------------------------------
Karen C. Gardner
Vice President
<PAGE>
POWER OF ATTORNEY
WITH RESPECT TO THE ALLSTATE LIFE INSURANCE COMPANY OF
NEW YORK VARIABLE ANNUITY ACCOUNT II CONTRACT
Know all men by these presents that Thomas A. McAvity, Jr. whose signature
appears below, constitutes and appoints Louis G. Lower, II, and Michael J.
Velotta, and each of them, his attorneys-in-fact, with power of substitution,
and him in any and all capacities, to sign any registration statements and
amendments thereto for the Allstate Life Insurance Company of New York Variable
Annuity Account II Contract and to file the same, with exhibits thereto and
other documents in connection therewith, with the Securities and Exchange
Commission, hereby ratifying and confirming all that each of said attorneys-in-
fact, or his substitute or substitutes, may do or cause to be done by virtue
hereof.
September 18, 1996
-----------------------------------
Date
/s/ Thomas A. McAvity, Jr.
-----------------------------------
Thomas A. McAvity, Jr.
Vice President
<PAGE>
POWER OF ATTORNEY
WITH RESPECT TO THE ALLSTATE LIFE INSURANCE COMPANY OF
NEW YORK VARIABLE ANNUITY ACCOUNT II CONTRACT
Know all men by these presents that Kevin R. Slawin whose signature appears
below, constitutes and appoints Louis G. Lower, II, and Michael J. Velotta, and
each of them, his attorneys-in-fact, with power of substitution, and him in any
and all capacities, to sign any registration statements and amendments thereto
for the Allstate Life Insurance Company of New York Variable Annuity Account II
Contract and to file the same, with exhibits thereto and other documents in
connection therewith, with the Securities and Exchange Commission, hereby
ratifying and confirming all that each of said attorneys-in-fact, or his
substitute or substitutes, may do or cause to be done by virtue hereof.
September 18, 1996
-----------------------------------
Date
/s/ Kevin R. Slawin
-----------------------------------
Kevin R. Slawin
Vice President
And Director
<PAGE>
POWER OF ATTORNEY
WITH RESPECT TO THE ALLSTATE LIFE INSURANCE COMPANY OF
NEW YORK VARIABLE ANNUITY ACCOUNT II CONTRACT
Know all men by these presents that Keith A. Hauschildt, whose signature
appears below, constitutes and appoints Louis G. Lower, II, and Michael J.
Velotta, and each of them, his attorneys-in-fact, with power of substitution,
and him in any and all capacities, to sign any registration statements and
amendments thereto for the Allstate Life Insurance Company of New York Variable
Annuity Account II Contract and to file the same, with exhibits thereto and
other documents in connection therewith, with the Securities and Exchange
Commission, hereby ratifying and confirming all that each of said attorneys-in-
fact, or his substitute or substitutes, may do or cause to be done by virtue
hereof.
December 18, 1996
-----------------------------------
Date
/s/ Keith A. Hauschildt
-----------------------------------
Keith A. Hauschildt
Assistant Vice President
and Controller
