Riversource Of New York Variable Annuity Account
Filed: 1 May 17, 12:00am
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. 46 (File No. 333-91691) | ☒ | |||||||
and/or
REGISTRATION STATEMENT
UNDER
| THE INVESTMENT COMPANY ACT OF 1940 | ||
| Amendment No. 69 (File No. 811-07623) | ☒ |
(Check appropriate box or boxes)
RIVERSOURCE OF NEW YORK VARIABLE ANNUITY ACCOUNT
(previously IDS Life of New York Variable Annuity Account)
(Exact Name of Registrant)
RiverSource Life Insurance Co. of New York
(previously IDS Life Insurance Company of New York)
(Name of Depositor)
20 Madison Avenue Extension, Albany, NY 12203
(Address of Depositor’s Principal Executive Offices) (Zip Code)
Depositor’s Telephone Number, including Area Code (612) 678-5337
Nicole D. Wood, 50605 Ameriprise Financial Center, Minneapolis, MN 55474
(Name and Address of Agent for Service)
It is proposed that this filing will become effective immediately upon filing pursuant to Rule 462(d).
This Post-Effective Amendment relates to RiverSource® Retirement Advisor 4 Advantage Variable Annuity/RiverSource® Retirement Advisor 4 Select Variable Annuity/RiverSource® Retirement Advisor 4 Access Variable Annuity.
EXPLANATORY NOTE
This Post-Effective Amendment No. 46 to the Registration Statement on Form N-4 (File No. 333-91691) is being filed pursuant to Rule 462(d) under the Securities Act of 1933, as amended (the “Securities Act”), solely for the purpose of refiling the exhibit 10.2 to such Registration Statement. The Exhibit 10.2 has been filed to correct a typographical error and state the correct date of the consent. Accordingly, this Post-Effective Amendment No. 46 consists only of a facing page, this explanatory note, and Part C of the Registration Statement on Form N-4. This Post-Effective Amendment No. 46 does not change the form of the prospectuses and Statement of Additional Information relating to Post-Effective Amendment No. 45 filed electronically on April 26, 2017 with the Securities and Exchange Commission (the “SEC”). As permitted by Rule 462(d), this Post-Effective Amendment No. 46 shall become effective upon filing with the SEC.
PART C.
Item 24. Financial Statements and Exhibits
| (a) | Financial statements included in Part B of this Registration Statement: |
The audited financial statements of the RiverSource of New York Variable Annuity Account
Report of Independent Registered Public Accounting Firm dated April 21, 2017
Statements of Assets and Liabilities for the year ended Dec. 31, 2016
Statements of Operations for the year ended Dec. 31, 2016
Statements of Changes in Net Assets for the years ended Dec. 31, 2016 and 2015
Notes to Financial Statements
The audited financial statements of RiverSource Life Insurance Co. of New York
Report of Independent Registered Public Accounting Firm dated April 20, 2017
Balance Sheets as of Dec. 31, 2016 and 2015
Statements of Income for the years ended Dec. 31, 2016, 2015 and 2014
Statements of Comprehensive Income for the years ended Dec. 31, 2016, 2015 and 2014
Statements of Cash Flows for the years ended Dec. 31, 2016, 2015 and 2014
Statements of Shareholder’s Equity for the three years ended Dec. 31, 2016, 2015 and 2014
Notes to Financial Statements
| (b) | Exhibits: |
1.1 | Consent in writing in Lieu of Meeting of IDS Life of New York establishing the IDS Life of New York Flexible Portfolio Annuity Account dated April 17, 1996, filed electronically as Exhibit 1 to Registrant’s Initial Registration Statement No. 333-03867 is incorporated by reference. | |
1.2 | Consent in writing in Lieu of Meeting of IDS Life of New York establishing 105 additional subaccounts within the separate account dated November 19, 1999 filed electronically as Exhibit 1.2 to Registrant’s Initial Registration Statement No. 333-91691 filed on or about Nov. 29, 1999, is incorporated by reference. | |
1.3 | Resolution of the Board of Directors of IDS Life of New York establishing 86 additional subaccounts within the separate account, filed electronically as Exhibit 1.3 to Registrant’s Post-Effective Amendment No. 1 to Registration Statement No. 333-91691, is incorporated by reference. | |
1.4 | Resolution of the Board of Directors of IDS Life of New York establishing 8 additional subaccounts within the separate account, filed electronically as Exhibit 1.4 to Registrant’s Post-Effective Amendment No. 2 to Registration Statement No. 333-91691, is incorporated by reference. | |
1.5 | Consent in writing in Lieu of Meeting of IDS Life of New York establishing 46 additional subaccounts within the separate account, dated Aug. 2, 2001, filed electronically as Exhibit 1.5 to Registrant’s Post-Effective Amendment No. 3 filed on or about Aug. 9, 2001, is incorporated by reference. | |
1.6 | Resolution of the Board of Directors of IDS Life of New York establishing 2 additional subaccounts within the separate account, dated Feb. 28, 2002, filed electronically as Exhibit 1.6 to Registrant’s Post-Effective Amendment No. 4 to Registration Statement No. 333-91691 is incorporated herein by reference. | |
1.7 | Consent in Writing in Lieu of a Meeting of the Board of Directors of IDS Life of New York establishing 112 additional subaccounts within the separate account, dated Oct. 28, 2002, filed electronically as Exhibit 1.7 to Registrant’s Post-Effective Amendment No. 6 filed on or about Sept. 6, 2002, is incorporated by reference. | |
1.8 | Resolution of the Board of Directors of IDS Life of New York establishing 36 additional subaccounts within the separate account, dated Sept. 22, 2004 filed electronically as Exhibit 1.8 to Registrant’s Post-Effective Amendment No. 13 to Registration Statement No. 333-91691, is incorporated by reference. | |
1.9 | Resolution of the Board of Directors of IDS Life of New York establishing an additional subaccount within the separate account, dated April 27, 2005 filed electronically as Exhibit 1.9 to Registrant’s Post-Effective Amendment No. 13 to Registration Statement No. 333-91691, is incorporated by reference. | |
1.10 | Resolution of the Board of Directors establishing 18 additional subaccounts within the separate account, dated April 12, 2006 filed electronically as Exhibit 1.10 to Registrant’s Post-Effective Amendment No. 20 to Registration Statement No. 333-91691 is incorporated by reference. | |
1.11 | Resolution of the Board of Directors of IDS Life Insurance Company of New York adopting and approving Agreement and Plan of Merger and subsequent name changes, dated Aug. 29, 2006, filed electronically as Exhibit 1.11 to Registrant’s Post-Effective Amendment No. 22 to Registration Statement No. 333-91691 is incorporated by reference. | |
1.12 | Resolution of the Board of Directors establishing 672 additional subaccounts within the separate account, dated April 6, 2011 filed electronically as Exhibit 1.12 to Registrant’s Post-Effective Amendment No. 34 to Registration Statement No.333-91691 is incorporated by reference. | |
1.13 | Resolution of the Board of Directors establishing 307 additional subaccounts within the separate account, dated April 6, 2012 filed electronically as Exhibit 1.13 to Registrant’s Post-Effective Amendment No. 36 to Registration Statement No.333-91691 is incorporated by reference. | |
1.14 | Resolution of the Board of Directors establishing 307 additional subaccounts within the separate account, dated April 12, 2013 filed electronically as Exhibit 1.14 to Registrant’s Post-Effective amendment No.4 to Registration Statement No. 333-179395 is incorporated by reference herewith. | |
1.15 | Resolution of the Board of Directors establishing 44 additional subaccounts within the separate account, dated April 22, 2015 filed electronically as Exhibit 1.15 to Registrant’s Post- Effective Amendment No.7 to Registration Statement No. 333-186220 is incorporated by reference. | |
2. | Not applicable. | |
3. | Form of Principal Underwriter Agreement for RiverSource Life Insurance Co. of New York Variable Annuities and Variable Life Insurance filed electronically as Exhibit 3.1 to the Initial Registration Statement on Form N-4 for RiverSource of New York Variable Annuity Account 2 (previously ACL Variable Annuity Account 2), RiverSource Endeavor Select(SM) Variable Annuity, RiverSource Innovations(SM) Select Variable Annuity and RiverSource Innovations(SM) Variable Annuity, on or about Jan. 2, 2007, is incorporated by reference. | |
4.1 | Form of Deferred Annuity Contract for non-qualified contracts (form 31053), filed electronically as Exhibit 4.1 to Registrant’s Post-Effective Amendment No. 8 to Registration Statement No. 333-91691 is incorporated herein by reference. | |
4.2 | Form of Maximum Anniversary Value Death Benefit Rider, filed electronically as Exhibit 4.2 to Registrant’s Post-Effective Amendment No. 11 to Registration Statement No. 333-91691 is incorporated by reference. | |
4.3 | Form of 5-Year Maximum Anniversary Value Death Benefit Rider, filed electronically as Exhibit 4.3 to Registrant’s Post-Effective Amendment No. 11 to Registration Statement No. 333-91691 is incorporated by reference. | |
4.4 | Form of Return of Purchase Payment Death Benefit Rider, filed electronically as Exhibit 4.4 to Registrant’s Post-Effective Amendment No. 11 to Registration Statement No. 333-91691 is incorporated by reference. | |
4.5 | Form of Traditional IRA or SEP-IRA Annuity Endorsement (form 139042) filed electronically as Exhibit 4.2 to Registrant’s Post-Effective Amendment No. 8 to Registration Statement No. 333-91691 is incorporated herein by reference. | |
4.6 | Form of Roth IRA Annuity Endorsement (form 139043) filed electronically as Exhibit 4.3 to Registrant’s Post-Effective Amendment No. 8 to Registration Statement No. 333-91691 is incorporated herein by reference. | |
4.7 | Form of SIMPLE IRA Annuity Endorsement (form 139044) filed electronically as Exhibit 4.4 to Registrant’s Post-Effective Amendment No. 8 to Registration Statement No. 333-91691 is incorporated herein by reference. | |
4.8 | Form of Deferred Annuity Contract for tax-qualified contracts (form 139035), filed electronically as Exhibit 4.5 to Registrant’s Post-Effective Amendment No. 8 to Registration Statement No. 333-91691 is incorporated herein by reference. | |
4.9 | Form of Deferred Annuity Contract for American Express Retirement Advisor Select Plus(SM) Variable Annuity filed electronically as Exhibit 4.9 to Registrant’s Post-Effective Amendment No. 11 to Registration Statement No. 333-91691 is incorporated by reference. | |
4.10 | Form of Deferred Annuity Contract for American Express Retirement Advisor Advantage Plus(SM) Variable Annuity (form 31053A) filed electronically as Exhibit 4.10 to Registrant’s Post-Effective Amendment No. 21 to Registration Statement No. 333-91691, is incorporated by reference. | |
4.11 | Form of Guaranteed Minimum Withdrawal Benefit Rider filed electronically as Exhibit 4.10 to Registrant’s Post-Effective Amendment No. 13 to Registration Statement No. 333-91691, is incorporated by reference. | |
4.12 | Form of Deferred Annuity Contract for RiverSource Retirement Advisor 4 Advantage Variable Annuity (form 139482) filed electronically as Exhibit 4.12 to Registrant’s Post-Effective Amendment No. 21 to Registration Statement No. 333-91691, is incorporated by reference. | |
4.13 | Form of Deferred Annuity Contract for RiverSource Retirement Advisor 4 Select Variable Annuity (form 139483) filed electronically as Exhibit 4.13 to Registrant’s Post-Effective Amendment No. 21 to Registration Statement No. 333-91691, is incorporated by reference. | |
4.14 | Form of Deferred Annuity Contract for RiverSource Retirement Advisor 4 Access Variable Annuity (form 139484) filed electronically as Exhibit 4.14 to Registrant’s Post-Effective Amendment No. 21 to Registration Statement No. 333-91691, is incorporated by reference. | |
4.15 | Form of Guaranteed Minimum Lifetime Withdrawal Benefit (Withdrawal Benefit for Life) (form 139476A) filed electronically as Exhibit 4.15 to Registrant’s Post-Effective Amendment No. 21 to Registration Statement No. 333-91691, is incorporated by reference. | |
4.16 | Copy of Company name change endorsement (form 139491) for RiverSource Life Insurance Co. of New York filed electronically as Exhibit 4.16 to Registrant’s Post-Effective Amendment No. 22 to Registration Statement No. 333-91691, is incorporated by reference. | |
4.17 | Form of SecureSource Joint Life rider filed electronically as Exhibit 4.17 to Registrant’s Post-Effective Amendment No. 24 to Registration Statement No. 333-91691, is incorporated by reference. | |
4.18 | Form of SecureSource Single Life rider filed electronically as Exhibit 4.18 to Registrant’s Post-Effective Amendment No. 24 to Registration Statement No. 333-91691, is incorporated by reference. | |
4.19 | Form of Deferred Annuity Contract for RAVA 5 Advantage and data pages filed electronically as Exhibit 4.19 to Registrant’s Post-Effective Amendment No.33 to Registration Statement No. 333-91691, is incorporated by reference. | |
4.20 | Form of Deferred Annuity Contract for RAVA 5 Select and data pages filed electronically as Exhibit 4.20 to Registrant’s Post-Effective Amendment No.33 to Registration Statement No. 333-91691, is incorporated by reference. | |
4.21 | Form of Deferred Annuity Contract for RAVA 5 Access and data pages filed electronically as Exhibit 4.21 to Registrant’s Post-Effective Amendment No.33 to Registration Statement No. 333-91691, is incorporated by reference. | |
4.22 | Form of Maximum Anniversary Value Death Benefit Rider (form 411278) filed electronically as Exhibit 4.22 to Registrant’s Post-Effective Amendment No.33 to Registration Statement No. 333-91691, is incorporated by reference. | |
4.23 | Form of 5-Year Maximum Anniversary Value Death Benefit Rider filed electronically as Exhibit 4.23 to Registrant’s Post-Effective Amendment No.33 to Registration Statement No. 333-91691, is incorporated by reference. | |
4.24 | Form of Return of Purchase Payment Death Benefit Rider (form 411277) filed electronically as Exhibit 4.24 to Registrant’s Post-Effective Amendment No.33 to Registration Statement No. 333-91691, is incorporated by reference. | |
4.25 | Form of Guaranteed Lifetime Withdrawal Benefit Single Life Rider SecureSource Stages NY Rider filed electronically as Exhibit 4.25 to Registrant’s Post-Effective Amendment No.33 to Registration Statement No. 333-91691, is incorporated by reference. | |
4.26 | Form of Guaranteed Lifetime Withdrawal Benefit Joint Life Rider SecureSource Stages NY Rider filed electronically as Exhibit 4.26 to Registrant’s Post-Effective Amendment No.33 to Registration Statement No. 333-91691, is incorporated by reference. | |
4.27 | Form of Guaranteed Minimum Accumulation Benefit Rider – Accumulation Protector Benefit rider filed electronically as Exhibit 4.19 to Registrant’s Post-Effective Amendment No.33 to Registration Statement No. 333-91691, is incorporated by reference. | |
5. | Form of Variable Annuity Application filed electronically as Exhibit 5 to Post-Effective Amendment No. 1 to Registration Statement No. 333-91691 is incorporated herein by reference. | |
6.1 | Copy of Charter of RiverSource Life Insurance Co. of New York dated Dec.31, 2006, filed electronically as Exhibit 27(f)(1) to Post-Effective Amendment No. 28 to Registration Statement No. 333-69777 is incorporated by reference. | |
6.2 | Copy of Amended and Restated By-Laws of RiverSource Life Insurance Co. of New York filed electronically as Exhibit 27(f)(2) to Post-Effective Amendment No. 28 to Registration Statement No. 333-69777 is incorporated by reference. | |
7. | Not applicable. | |
8.1 | Copy of Amended and Restated Participation Agreement dated April 17, 2006, by and among AIM Variable Insurance Funds, AIM Distributors, Inc. American Centurion Life Assurance Company, IDS Life Insurance Company of New York, and Ameriprise Financial Services, Inc. filed electronically as Exhibit 27(h)(1) to Post-Effective Amendment No. 48 to Registration Statement No. 333-44644 is incorporated herein by reference. | |
8.2 | Copy of Amended and Restated Participation Agreement dated August 1, 2006, among American Centurion Life Assurance Company, IDS Life Insurance Company of New York, Ameriprise Financial Services, Inc., AllianceBernstein L.P. and AllianceBernstein Investments, Inc. filed electronically as Exhibit 27(h) (2) to Post-Effective Amendment No. 48 to Registration Statement No. 333-44644 is incorporated herein by reference. | |
8.3 | Copy of Amended and Restated Fund Participation Agreement dated June 1, 2006, by and among American Centurion Life Assurance Company, American Enterprise Life Insurance Company, American Partners Life Insurance Company, IDS Life Insurance Company, IDS Life Insurance Company of New York, Ameriprise Financial Services, Inc. and American Century Investment Services, Inc. filed electronically as Exhibit 27(h)(3) to Post-Effective Amendment No. 48 to Registration Statement No. 333-44644 is incorporated herein by reference. | |
8.4 | Copy of Amended and Restated Participation Agreement dated June 19, 2006, by and among Calvert Variable Series, Inc., Calvert Asset Management Company, Inc., Calvert Distributors, Inc. and IDS Life Insurance Company of New York filed electronically as Exhibit 27(h)(4) to Post-Effective Amendment No. 48 to Registration Statement No. 333-44644 is incorporated herein by reference. | |
8.5 | Copy of Fund Participation Agreement dated May 1, 2006 among American Centurion Life Assurance Company, IDS Life Insurance Company of New York, Columbia Funds Variable Insurance Trust I, Columbia Management Advisors, LLC and Columbia Management Distributors, Inc. filed electronically as Exhibit 27(h) (13) to Post-Effective Amendment No. 48 to Registration Statement No. 333-44644 is incorporated herein by reference. | |
8.6 | Copy of Amended and Restated Participation Agreement dated May 1, 2006, by and among American Centurion Life Assurance Company, IDS Life Insurance Company of New York, Credit Suisse Trust, Credit Suisse Asset Management, LLC. and Credit Suisse Asset Management Securities, Inc. filed electronically as Exhibit 8.6 to Post-Effective Amendment No. 22 to Registration Statement No. 333-91691 is incorporated by reference. | |
8.7 | Copy of Amended and Restated Participation Agreement dated May 1, 2006, by and among American Centurion Life Assurance Company, IDS Life Insurance Company of New York, The Dreyfus Corporation, Dreyfus Variable Investment Fund, and Dreyfus Investment Portfolios filed electronically as Exhibit 8.7 to Post-Effective Amendment No. 22 to Registration Statement No. 333-91691 is incorporated by reference. | |
8.8 | Copy of Participation Agreement dated May 1, 2006, among Eaton Vance Variable Trust, Eaton Vance Distributors, Inc. and IDS Life Insurance Company of New York filed electronically as Exhibit 8.8 to Post-Effective Amendment No. 22 to Registration Statement No. 333-91691 is incorporated by reference. | |
8.9 | Copy of Amended and Restated Fund Participation Agreement dated January 1, 2007,among Variable Insurance Products Funds, Fidelity Distributors Corporation and RiverSource Life Insurance Co. of New York filed electronically as Exhibit 8.16 to RiverSource of New York Variable Annuity Account 2’s Post-Effective Amendment No. 3 to Registration Statement No. 333-139764 on or about April 24, 2008 is incorporated by reference herein. | |
8.10 | Copy of Amended and Restated Participation Agreement by and between Franklin Templeton Variable Insurance Products Trust, Franklin/Templeton Distributors, Inc., American Centurion Life Assurance Company, American Enterprise Life Insurance Company, IDS Life Insurance Company, IDS Life Insurance Company of New York, Ameriprise Financial Services, Inc. (formerly American Express Financial Advisors Inc.), dated August 1, 2005 filed electronically as Exhibit 8.7 to Registrant’s Post-Effective Amendment No. 20 to Registration Statement No. 333-91691 is incorporated by reference. | |
8.11 | Copy of Amended and Restated Participation Agreement dated June 15, 2006, by and among American Centurion Life Assurance Company, IDS Life Insurance Company of New York, Goldman Sachs Variable Insurance Trust and Goldman, Sachs & Co. filed electronically as Exhibit 27 (h)(18) to Post-Effective Amendment No. 48 to Registration Statement No. 333-44644 is incorporated herein by reference. | |
8.12 | Copy of Janus Aspen Series Amended and Restated Fund Participation Agreement dated September 1, 2006, by and among American Centurion Life Assurance Company, IDS Life Insurance Company of New York and Janus Aspen Series filed electronically as Exhibit 27(h)(9) to Post-Effective Amendment No. 48 to Registration Statement No. 333-44644 is incorporated herein by reference. | |
8.13 | Copy of Amended and Restated Participation Agreement dated September 1, 2006, by and among IDS Life Insurance Company of New York, Legg Mason Partners Variable Portfolios I, Inc. (formerly Salomon Brothers Variable Series Fund, Inc.), Legg Mason Partners Variable Portfolios II, Inc. (formerly Greenwich Street Series Fund, formerly Smith Barney Series Fund, formerly Smith Barney Shearson Series Fund, formerly Shearson Series Fund), Legg Mason Partners Variable Portfolios III, Inc. (formerly Travelers Series Fund Inc., formerly Smith Barney Travelers Series Fund Inc.) and Legg Mason Investor Services, LLC filed electronically as Exhibit 8.14 to Post-Effective Amendment No. 22 to Registration Statement No. 333-91691 is incorporated by reference. | |
8.14 | Copy of Participation Agreement among MFS Variable Insurance Trust, American Centurion Life Assurance Company, IDS Life Insurance Company of New York and Massachusetts Financial Services Company, dated June 15, 2006 filed electronically as Exhibit 8.15 to Registrant’s Post-Effective Amendment No. 24 is incorporated by reference. | |
| 8.15 | Copy of Fund Participation Agreement dated March 2, 2006, by and between Neuberger Berman Advisers Management Trust, Neuberger Berman Management, Inc. and IDS Life Insurance Company of New York filed electronically as Exhibit 8.16 to Post-Effective Amendment No. 22 to Registration Statement No. 333-91691 is incorporated by reference. | |
| 8.16 | Copy of Participation Agreement dated March 1, 2006, among IDS Life Insurance Company of New York, PIMCO Variable Insurance Trust and Allianz Global Investors Distributors LLC filed electronically as Exhibit 8.17 to Post-Effective Amendment No. 22 to Registration Statement No. 333-91691 is incorporated by reference. | |
| 8.17 | Copy of Amended and Restated Fund Participation Agreement dated January 1, 2007, by and among RiverSource Life Insurance Co. of New York, Putnam Variable Trust and Putnam Retail Management Limited Partnership filed electronically as Exhibit 8.20 to RiverSource of New York Variable Annuity Account 2’s Post-Effective Amendment No. 3 to Registration Statement No. 333-139764 on or about April 24, 2008 is incorporated by reference herein. | |
| 8.18 | Copy of Participation Agreement dated January 1, 2007, by and among RiverSource Life Insurance Company, RiverSource Life Insurance Co. of New York and RiverSource Distributors, Inc. filed electronically as Exhibit 8.23 to Post-Effective Amendment No. 42 to Registration Statement No. 333-79311 is incorporated herein by reference. | |
| 8.19 | Copy of Amended and Restated Participation Agreement dated May 1, 2006, among The Universal Institutional Funds, Inc., Morgan Stanley Investment Management Inc., Morgan Stanley Distribution, Inc., American Centurion Life Assurance Company and IDS Life Insurance Company of New York filed electronically as Exhibit 8.21 to Post-Effective Amendment No. 22 to Registration Statement No. 333-91691 is incorporated by reference. | |
| 8.20 | Copy of Amended and Restated Participation Agreement dated October 12, 2006, by and among Third Avenue Variable Series Trust, Third Avenue Management LLC and IDS Life Insurance Company of New York filed electronically as Exhibit 27(h)(17) to Post-Effective Amendment No. 48 to Registration Statement No. 333-44644 is incorporated herein by reference. | |
| 8.21 | Copy of Fund Participation Agreement dated April 2, 2007,among RiverSource Life Insurance Co. of New York, Wanger Advisors Trust, Columbia Wanger Asset Management, L.P. and Columbia Management Distributors, Inc. filed electronically as Exhibit 8.22 to RiverSource of New York Variable Annuity Account 2’s Post-Effective Amendment No. 3 to Registration Statement No. 333-139764 on or about April 24, 2008 is incorporated by reference herein. | |
| 8.22 | Copy of Participation Agreement by and among Wells Fargo Variable Trust and RiverSource Life Insurance Co. of New York and Wells Fargo Distributor, LLC dated Jan. 1, 2007 filed electronically as Exhibit 8.25 to Registrant’s Post-Effective Amendment No. 24 to Registration Statement No. 333-91691 is incorporated herein by reference. | |
| 8.23 | 16, 2006, by and among IDS Life Insurance Company of New York, Ameriprise Financial Services, Inc. and Lazard Asset Management Securities LLC and Lazard Retirement Series, Inc. filed electronically as Exhibit 8.26 to Registrant’s Post-Effective Amendment No. 24 to Registration Statement No. 333-91691 is incorporated herein by reference. | |
8.24 | Copy of Participation Agreement dated Jan. 1, 2007, by and among RiverSource Life Insurance Co. of New York, RiverSource Distributors, Inc. and Lazard Asset Management Securities LLC and Lazard Retirement Series, Inc. filed electronically as Exhibit 8.27 to Registrant’s Post-Effective Amendment No. 24 to Registration Statement No. 333-91691 is incorporated herein by reference. | |
8.25 | Copy of Amended and Restated Participation Agreement dated Jan. 1, 2007, by and among Royce Capital Fund, Royce Associates LLC and RiverSource Life Insurance Co. of New York, filed electronically as Exhibit 8.28 to Registrant’s Post-Effective Amendment No. 24 to Registration Statement No. 333-91691 is incorporated herein by reference. | |
8.26 | Copy of Amended and Restated Fund Participation Agreement dated March 30, 2007, among Oppenheimer Variable Account funds, Oppenheimer Funds, Inc. and RiverSource Life Insurance Co. of New York filed electronically as Exhibit 8.4 to RiverSource of New York Variable Annuity Account 2’s Post-Effective Amendment No. 3 to Registration Statement No. 333-139764 on or about April 24, 2008 is incorporated by reference herein. | |
8.27 | Copy of Fund Participation Agreement dated April 30, 2012 by and among RiverSource Life Insurance Co. of New York, BlackRock Variable Series Funds, Inc. and BlackRock Investments filed electronically as Exhibit 8.14 to Registrant’s Post-Effective Amendment No. 1 to Registration Statement No. 333-179335 on or about May 11, 2012 is incorporated by reference herein. | |
8.28 | Copy of Fund Participation Agreement dated April 30, 2012 by and among RiverSource Life Insurance Co. Of New York, RiverSource Distributors, Inc., DWS Variable Series I, DWS Variable Series II, DWS Investments VIT Funds DWS Investment Distributors, Inc. and Deutsche Investment Management Americas Inc. filed electronically as Exhibit 8.15 to Registrant’s Post-Effective Amendment No. 1 to Registration Statement No. 333-179335 on or about May 11, 2012 is incorporated by reference herein. | |
8.29 | Copy of Fund Participation Agreement dated April 30, 2013, by and among ALPS Variable Investment Trust, ALPS Portfolio Solutions Distributor, Inc., and RiverSource Life Insurance Co. of New York filed electronically as Exhibit 8.16 to Registrant’s Post-Effective amendment No.4 to Registration Statement No. 333-179395 is incorporated by reference herewith. | |
8.30 | Copy of Fund Participation Agreement dated April 29, 2013, by and among Van Eck VIP Trust, Van Eck Securities Corporation, and RiverSource Life Insurance Co. of New York filed electronically as Exhibit 8.17 to Registrant’s Post-Effective amendment No.4 to Registration Statement No. 333-179395 is incorporated by reference herewith. | |
8.31 | Copy of Fund Participation Agreement dated April 29, 2013, by and among Ivy Funds Variable Insurance Portfolios, Waddell & Reed, Inc., and RiverSource Life Insurance Co. of New York filed electronically as Exhibit 8.18 to Registrant’s Post-Effective amendment No.4 to Registration Statement No. 333-179395 is incorporated by reference herewith. | |
9. | Opinion of counsel and consent to its use as the legality of the securities being registered filed electronically as Exhibit 9. to Registrant’s Post-Effective Amendment No. 45 to registration Statement No. 333-91691 is incorporated by reference herewith. | |
10.1 | Consent of Independent Registered Public Accounting Firm for RiverSource Retirement Advisor Advantage Plus Variable Annuity/ RiverSource Retirement Advisor Select Plus Variable Annuity Exhibit 10.1 to Registrant’s Post-Effective Amendment No. 45 to registration Statement No. 333-91691 is incorporated by reference herewith. | |
10.2 | Consent of Independent Registered Public Accounting Firm for RiverSource Retirement Advisor 4 Advantage Variable Annuity/ RiverSource Retirement Advisor 4 Select Variable Annuity/ RiverSource Retirement Advisor 4 Access Variable Annuity is filed electronically herewith. | |
10.3 | Consent of Independent Registered Public Accounting Firm for RiverSource RAVA 5 Advantage Variable Annuity/ RiverSource RAVA 5 Select Variable Annuity/ RiverSource RAVA 5 Access Variable Annuity (Offered for contract applications signed prior to April 30, 2012) Exhibit 10.3 To Registrant’s Post-Effective Amendment No. 45 to registration Statement No. 333-91691 is incorporated by reference herewith. | |
11. | None. | |
12. | Not applicable. | |
13. | Power of Attorney to sign Amendments to this Registration Statement, dated Jan. 19, 2017, filed electronically as Exhibit 13 to Registrant’s Post- Effective Amendment No.8 to Registration Statement No. 333-186220 is incorporated by reference. | |
14. | Not applicable. | |
Item 25. Directors and Officers of the Depositor
Directors and Officers of the Depositor RiverSource Life Insurance Co. of New York
Name | Principal Business Address* | Positions and Offices with Depositor | ||
| Jon Stenberg | 50605 Ameriprise Financial Center Minneapolis, MN 55474 | Chairman of the Board, President and Chief Executive Officer | ||
Gumer C. Alvero | 1765 Ameriprise Financial Center Minneapolis, MN 55474 | Director and Executive Vice President – Annuities | ||
| Jean B. Keffler | 1010 Swingley Rd. Livingston, MT 59047 | Director | ||
| Richard N. Bush | Senior Vice President – Corporate Tax | |||
| Steve M. Gathje | Senior Vice President and Chief Actuary | |||
| Mark Gorham | Director and Vice President – Insurance Product Development | |||
| Karen M. Bohn | 6620 Iroquois Trail | Director | ||
| Edina, MN 55439 | ||||
| Ronald L. Guzior | Sax/BST, LLC | Director | ||
| 26 Computer Drive West | ||||
| Albany, NY 12205 | ||||
| Shweta Jhanji | Treasurer | |||
| Thomas R. Moore | Secretary | |||
| David K. Stewart | Senior Vice President and Controller | |||
| Lynn Abbott | Vice President – National Sales Manager and Fund Management | |||
| * | Unless otherwise noted, the business address is 70100 Ameriprise Financial Center, Minneapolis, MN 55474 |
Item 26. Persons Controlled by or Under Common Control with the Depositor or Registrant
SUBSIDIARIES AND AFFILIATES OF AMERIPRISE FINANCIAL, INC.
| Parent Company | Incorp State | |
| Ameriprise Financial, Inc. | DE | |
| Subsidiary Name | Incorp State | |
| Ameriprise Advisor Capital, LLC | DE | |
| Ameriprise Capital Trust I | DE | |
| Ameriprise Capital Trust II | DE | |
| Ameriprise Capital Trust III | DE | |
| Ameriprise Capital Trust IV | DE | |
| Ameriprise Captive Insurance Company | VT | |
| Ameriprise Certificate Company | DE | |
| Investors Syndicate Development Corporation | NV | |
| Ameriprise Holdings, Inc. | DE | |
| 201 Eleventh Street South, LLC | MN | |
| Ameriprise India Private Limited | India | |
| Ameriprise India Insurance Brokers Services Private Limited* | India | |
| Switzerland | Ameriprise International Holdings GmbH | |
| Switzerland | Ameriprise Asset Management Holdings GmbH | |
| Ameriprise Asset Management Holdings Singapore (Pte.) Ltd. | Singapore | |
| Ameriprise Asset Management Holdings Hong Kong Limited | Hong Kong | |
| Threadneedle Portfolio Services Hong Kong Limited | Hong Kong | |
| Threadneedle Asset Management Malaysia Sdn Bhd. | Malaysia | |
| Threadneedle Investment Singapore (Pte.) Ltd. | Singapore | |
| Threadneedle Investments Taiwan Ltd. | Taiwan | |
| Ameriprise Holdings Singapore (Pte.) Ltd. | Singapore | |
| Threadneedle Asset Management Holdings Sàrl | Luxembourg | |
| (See separate organization chart for other entities) | ||
| Threadneedle EMEA Holdings 1, LLC | MN | |
| Ameriprise National Trust Bank | Federal | |
| Ameriprise Trust Company | MN | |
| AMPF Holding Corporation | MI | |
| American Enterprise Investment Services Inc.** | MN | |
| Ameriprise Advisory Management, LLC | DE | |
| Ameriprise Financial Services, Inc.** | DE | |
| AMPF Property Corporation | MI | |
| AMPF Realty Corporation | MI | |
| Columbia Management Investment Advisers, LLC | MN | |
| Advisory Capital Strategies Group Inc. | MN | |
| Columbia Wanger Asset Management, LLC | DE | |
| Emerging Global Advisors, LLC | DE | |
| GA Legacy, LLC | DE | |
| J. & W. Seligman & Co. Incorporated | DE | |
| Columbia Management Investment Distributors, Inc.** | DE | |
| Seligman Partners, LLC | DE | |
| RiverSource CDO Seed Investments, LLC | MN | |
| Columbia Management Investment Services Corp. | MN | |
| IDS Property Casualty Insurance Company | WI | |
| Ameriprise Auto & Home Insurance Agency, Inc. | WI | |
| Ameriprise Insurance Company | WI | |
| RiverSource Distributors, Inc.** | DE | |
| RiverSource Life Insurance Company | MN | |
| RiverSource Life Insurance Co. of New York | NY | |
| RiverSource NY REO, LLC | NY | |
| RiverSource REO 1, LLC | MN | |
| RiverSource Tax Advantaged Investments, Inc. | DE | |
| AEXP Affordable Housing Portfolio, LLC | DE |
| * | This entity has two shareholders: Ameriprise Financial, Inc. (19%) and Ameriprise India Private Limited (81%). |
| ** | Registered Broker-Dealer |
Item 27. Number of Contract owners
As of March 31, 2017, there were 11,259non-qualified contract owners and 24,796 qualified contract owners.
Item 28. Indemnification
The amended and restated By-Laws of the depositor provide that the depositor will indemnify, to the fullest extent now or hereafter provided for or permitted by law, each person involved in, or made or threatened to be made a party to, any action, suit, claim or proceeding, whether civil or criminal, including any investigative, administrative, legislative, or other proceeding, and including any action by or in the right of the depositor or any other corporation, or any partnership, joint venture, trust, employee benefit plan, or other enterprise (any such entity, other than the depositor, being hereinafter referred to as an “Enterprise”), and including appeals therein (any such action or process being hereinafter referred to as a “Proceeding”), by reason of the fact that such person, such person’s testator or intestate (i) is or was a director or officer of the depositor, or (ii) is or was serving, at the request of the depositor, as a director, officer, or in any other capacity, or any other Enterprise, against any and all judgments, amounts paid in settlement, and expenses, including attorney’s fees, actually and reasonably incurred as a result of or in connection with any Proceeding, except as provided below.
No indemnification will be made to or on behalf of any such person if a judgment or other final adjudication adverse to such person establishes that such person’s acts were committed in bad faith or were the result of active and deliberate dishonesty and were material to the cause of action so adjudicated, or that such person personally gained in fact a financial profit or other advantage to which such person was not legally entitled. In addition, no indemnification will be made with respect to any Proceeding initiated by any such person against the depositor, or a director or officer of the depositor, other than to enforce the terms of this indemnification provision, unless such Proceeding was authorized by the Board of Directors of the depositor. Further, no indemnification will be made with respect to any settlement or compromise of any Proceeding unless and until the depositor has consented to such settlement or compromise.
The depositor may, from time to time, with the approval of the Board of Directors, and to the extent authorized, grant rights to indemnification, and to the advancement of expenses, to any employee or agent of the depositor or to any person serving at the request of the depositor as a director or officer, or in any other capacity, of any other Enterprise, to the fullest extent of the provisions with respect to the indemnification and advancement of expenses of directors and officers of the depositor.
Insofar as indemnification for liability arising under the Securities Act of 1933 (the “Act”) may be permitted to directors, officers and controlling persons of the depositor or 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 the payment by the registrant of expenses incurred or paid by a director, officer or controlling person of the registrant in the successful defense of any action, suit or proceeding) is asserted by 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.
Item 29.
(a) RiverSource Distributors Inc. acts as principal underwriter for:
RiverSource Variable Annuity Account 1
RiverSource Variable Annuity Account
RiverSource Account F
RiverSource Variable Annuity Fund A
RiverSource Variable Annuity Fund B
RiverSource Variable Account 10
RiverSource Account SBS
RiverSource MVA Account
RiverSource Account MGA
RiverSource Account for Smith Barney
RiverSource Variable Life Separate Account
RiverSource Variable Life Account
RiverSource of New York Variable Annuity Account 1
RiverSource of New York Variable Annuity Account 2
RiverSource of New York Account 4
RiverSource of New York Account 7
RiverSource of New York Account 8
(b) As to each director, officer or partner of the principal underwriter:
Name and Principal Business Address* | Positions and Offices with Underwriter | |
| Lynn Abbott | President | |
| Gumer C. Alvero | Director and Vice President | |
| Shweta Jhanji | Assistant Treasurer | |
| Thomas R. Moore | Secretary | |
| Mark D. Scalercio | Vice President | |
| Jon Stenberg | Director and Vice President | |
| Jeffrey J. Scherman | Chief Financial Officer | |
| John R. Woerner | Chairman of the Board and | |
| Chief Executive Officer | ||
| * | Business address is: 50611 Ameriprise Financial Center, Minneapolis, MN 55474 |
(c) RiverSource Distributors, Inc., the principal underwriter during Registrant’s last fiscal year, was paid the following commissions:
NAME OF PRINCIPAL UNDERWRITER | NET UNDERWRITING DISCOUNT AND COMMISSIONS | COMPENSATION ON REDEMPTION | BROKERAGE COMMISSIONS | COMPENSATION | ||||||
RiverSource Distributors, Inc. | $ | 25,785,355 | None | None | None | |||||
Item 30. Location of Accounts and Records
RiverSource Life Insurance Co. of New York
20 Madison Avenue Extension
Albany, NY 12203
Item 31. Management Services
Not applicable.
Item 32. Undertakings
| (a) | Registrant undertakes 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. |
| (b) | Registrant undertakes to include either (1) 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 (2) 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. |
| (c) | Registrant undertakes to deliver any Statement of Additional Information and any financial statements required to be made available under this Form promptly upon written or oral request. |
| (d) | Registrant represents that it is relying upon the no-action assurance given to the American Council of Life Insurance (pub. avail. Nov. 28, 1988).Further, Registrant represents that it has complied with the provisions of paragraphs (1)-(4) of that no-action letter. |
| (e) | The sponsoring insurance company represents that the fees and charges deducted under the contract, in the aggregate, are reasonable in relation to the services rendered, the expenses expected to be incurred, and the risks assumed by the insurance company. |
SIGNATURES
As required by the Securities Act of 1933 and the Investment Company Act of 1940, RiverSource Life Insurance Co. of New York, on behalf of the Registrant, has caused this Amendment to its Registration Statement to be signed on its behalf in the City of Minneapolis, and State of Minnesota, on this 1st day of May, 2017.
| RIVERSOURCE OF NEW YORK VARIABLE ANNUITY ACCOUNT | ||
| By RiverSource Life Insurance Co. of New York | ||
| (Depositor) | ||
| By | /s/ Jon S. Stenberg* | |
| Jon S. Stenberg* | ||
| Chairman of the Board, President and Chief Executive Officer | ||
As required by the Securities Act of 1933, this Amendment to Registration Statement has been signed by the following persons in the capacities indicated on the 1st day of May, 2017.
SIGNATURE | TITLE | |||
/s/ Gumer C. Alvero* | Director and Executive Vice President – Annuities | |||
| Gumer C. Alvero | ||||
/s/ Jon S. Stenberg* Jon S. Stenberg | Chairman of the Board, President and Chief Executive Officer | |||
/s/ Richard N. Bush* Richard N. Bush | Senior Vice President – Corporate Tax | |||
/s/ Jason J. Poor* | Director | |||
| Jason. J. Poor | ||||
/s/ Steve M. Gathje* Steve M. Gathje | Senior Vice President and Chief Actuary | |||
/s/ Mark Gorham* Mark Gorham | Director, Vice President – Insurance Product Development | |||
/s/ Karen M. Bohn* | Director | |||
| Karen M. Bohn | ||||
/s/ Ronald L. Guzior* | Director | |||
| Ronald L. Guzior | ||||
/s/ Shweta Jhanji* | Treasurer | |||
| Shweta Jhanji | ||||
/s/ Jean B. Keffeler* | Director | |||
| Jean B. Keffeler | ||||
/s/ Mark D. Scalercio* | Director | |||
| Mark. D. Scalercio | ||||
/s/ David K. Stewart * | Senior Vice President and Controller | |||
| David K. Stewart | (Principal Accounting Officer and Principal Financial Officer) | |||
| * | Signed pursuant to Power of Attorney dated Jan. 19, 2017, filed electronically as Exhibit 13 to Registrant’s Post- Effective Amendment No.8 to Registration Statement No. 333-186220, herein, by: |
/s/ Nicole D. Wood |
| Nicole D. Wood |
| Assistant General Counsel |
EXHIBIT INDEX
10.2 Consent of Independent Registered Public Accounting Firm. |