UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K/A
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934
Date of Report: November 12, 2004
ING Life Insurance and Annuity Company
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(Exact name of registrant as specified in its charter)
CONNECTICUT
(State of Incorporation)
333-86276, 333-86278, 333-104456
(Commission File Numbers)
#71-0294708
(IRS Employer Identification Number)
151 Farmington Avenue, Hartford, CT 06156
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code ............860-723-4646
THIS FILING IS MADE IN ACCORDANCE WITH ITEM NO. 8.01 OF SECTION 8 OF FORM
8-K/A: OTHER EVENTS.
Further Information Regarding Trading of ING's U.S. Mutual Funds
As previously reported, like many U.S. financial services companies, certain
U.S. affiliates of ING Groep N.V. ("ING") have received informal and formal
requests for information since September 2003 from various governmental and
self-regulatory agencies in connection with investigations related to mutual
funds and variable insurance products. ING affiliates have cooperated fully with
each request.
Also as previously reported, ING's internal review identified several isolated
instances of inappropriate trading. Reference is made to Registrant's Form 10-K
Annual Report filed on March 29, 2004 and Registrant's Form 8-K Current Report
filed on September 8, 2004. Among those instances was the following:
o ING has identified three arrangements, dating from 1995, 1996 and
1998, under which the administrator to the then-Pilgrim Funds, which
subsequently became part of the ING Funds, entered formal and informal
arrangements that permitted frequent trading. ING Funds Distributor,
LLC ("IFD") has received a notice from the staff of NASD informing IFD
that it has made a preliminary determination to recommend that
disciplinary action be brought against IFD and one of its registered
persons for violations of the NASD Conduct Rules and certain
provisions of the federal securities laws in connection with these
arrangements. As permitted under NASD procedures, IFD may respond to
the NASD staff before the staff makes a final recommendation.
ING Commitment to its Customer
The following information should be read in conjunction with Registrant's Form
10-K Annual Report filed on March 29, 2004 and Registrant's Form 8-K Current
Report filed on September 8, 2004.
ING has agreed with the ING Funds to indemnify and hold harmless the ING Funds
from all damages resulting from wrongful conduct by ING or its employees or from
ING's internal investigation, any investigations conducted by any governmental
or self-regulatory agencies, litigation or other formal proceedings, including
any proceedings by the Securities and Exchange Commission. Investments reported
to the Board that ING management believes that the total amount of any
indemnification obligations will not be material to ING or its U.S. business.
Requests for Information from New York Attorney General
As has been widely reported in the media, the New York Attorney General's office
("NYAG") is conducting broad investigations regarding insurance quoting and
brokerage practices. ING U.S. has been subpoenaed in this regard, and is
cooperating fully with these NYAG requests for information.
ING U.S. believes that its practices are consistent with our business principles
and our commitment to our customers.
At this time, in light of the current regulatory focus, ING U.S. is actively
engaged in reviewing whether any modifications in our practices are appropriate
for the future.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
ING Life Insurance and Annuity Company
(Registrant)
Date: November 12, 2004 /s/Linda E. Senker
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Linda E. Senker