As filed with the SEC on March 18, 1999
Registration No. 33-42376
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM N-4
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 [ ]
Pre-Effective Amendment No. [ ]
Post-Effective Amendment No. 9 [ X ]
REGISTRATION STATEMENT UNDER THE INVESTMENT
COMPANY ACT OF 1940 [ ]
Amendment No. 10 [ X ]
EMPIRE FIDELITY INVESTMENTS VARIABLE ANNUITY ACCOUNT A
(Exact name of registrant)
EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY
(name of depositor)
One World Financial Center
New York, New York 10281
(Address of depositor's principal executive offices)
Depositor's telephone number: 1-800-544-8888
____________________________________________
RODNEY R. ROHDA
Chairman
Empire Fidelity Investments Life Insurance Company
One World Financial Center
New York, New York 10281
(Name and address of agent for service)
_________________________________________
Individual Variable Annuity Contracts: Pursuant to Rule 24f-2 under
the Investment Company Act of 1940, the Registrant has registered an
indefinite number of securities. Registrant's Rule 24f-2 Notice for
the fiscal year ending December 31, 1997 was filed March 30, 1998.
It is proposed that this filing will become effective (check
appropriate space):
immediately upon filing pursuant to paragraph (b) of rule 485
X on April 19,1999, pursuant to paragraph (b) (1) (iii) of rule 485
60 days after filing pursuant to paragraph (a) (1) of rule 485
on , pursuant to paragraph (a) (1) of rule 485
75 days after filing pursuant to paragraph (a) (2) of rule 485
on , pursuant to paragraph (a) (2) of rule 485
Page _ of _
Exhibit Index Appears on Page __
FIDELITY (LOGO) FMR Corp. 82 Devonshire
INVESTMENTS(registered Street Boston MA 02109-3614
trademark) 617 563 7000
March 18, 1999
U.S. Securities and Exchange Commission
Judiciary Plaza
450 Fifth Street, N.W.
Washington, D.C. 20549
Attention: Zondra Bailes
RE: Empire Fidelity Investments
Life Insurance Company:
Empire Fidelity Investments
Variable Annuity Account A
Registration No. (33-42376)
Post-Effective Amendment No 9
to Registration Statement on
Form N-4
Ladies and Gentlemen:
Pursuant to Rule 485(b)(1)(iii) under the Securities Act of 1933, as
amended, we are submitting this filing for the sole purpose of
extending the pending effective date of Registration Statement No.
33-42376 by thirty days. The contents of Post-Effective Amendment No.
8, which we filed under Rule 485(a) on January 19, 1999, are hereby
incorporated by reference into this letter. The effective date of
Post-Effective Amendment No. 8 is March 20, 1999.
This submission of Post-Effective Amendment No. 9, under Rule
485(b)(1)(iii), extends the effective date by thirty days to April 19,
1999. A subsequent Rule 485(b) filing which we will forward in April
1999 will include the entire Registration Statement with all updates
incorporated. This transmission contains a conformed signature page,
the manually signed original of which, executed pursuant to Powers of
Attorney dated April 4, 1996 and June 17, 1998, is maintained at the
offices of the Registrant.
Please contact the undersigned at (617) 392-0496 in connection with
any questions regarding this filing.
Very truly yours,
/s/ Tom Lynch
Legal Department
SIGNATURES
As required by the Securities Act of 1933 and the Investment Company
Act of 1940, the Registrant, Empire Fidelity Investments Variable
Annuity Account A, certifies that it meets the requirements of the
Securities Act Rule 485(b) for effectiveness of this Registration
Statement and has caused this Post-Effective Amendment No. 9 to the
Registration Statement to be signed on its behalf in the city of
Boston and the Commonwealth of Massachusetts, on this 18th day of
March, 1999.
EMPIRE FIDELITY INVESTMENTS VARIABLE ANNUITY ACCOUNT A
(Registrant)
By: EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY
(Depositor)
By: /s/ Rodney R. Rohda Attest:_/s/ David J. Pearlman
Rodney R. Rohda, David J. Pearlman,
President Chairman Secretary
Chief Executive Officer and
Chief Operating Officer
As required by the Securities Act of 1933, this Registration Statement
has been signed below by the following persons in the capacities
indicated on this 18th day of March, 1999.
Signature Title
/s/ Rodney R. Rohda President, Chairman )
Rodney R. Rohda and Director )
(Chief Executive )
Officer) )
(Chief Operating )
Officer) )
)
_____________________ )
Joseph L. Kurtzer Jr. Treasurer )
)
_____________________ )
J. Gary Burkhead Director )
)
_____________________ )
James C. Curvey Director )
) By:/s/ David J. Pearlman
) David J. Pearlman
_____________________ ) (Attorney-in-Fact)
John J. Remondi Director )
)
_____________________ )
Lena G. Goldberg Director )
)
_____________________ )
Roy Ballentine Director )
)
_____________________ )
Peter Johannsen Director )
)
_____________________ )
Stephen P. Jonas Director )
)
_____________________ )
Malcolm MacKay Director )
)
_____________________ )
Joshua Berman Director )
) By:/s/ David J. Pearlman
_____________________ ) David J. Pearlman
Allan Brandon Director ) (Attorney-in-Fact)
)
_____________________ )
Floyd L. Smith Director )
)
_______________ )
David Weinstein Director )
