<Page>
AS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION ON APRIL 28, 2009.
FILE NO. 333-20345
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON D.C. 20549
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POST-EFFECTIVE AMENDMENT
NO. 15
FORM S-1
REGISTRATION STATEMENT
UNDER
THE SECURITIES ACT OF 1933
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UNION SECURITY LIFE INSURANCE COMPANY
OF NEW YORK
(Exact name of registrant as specified in its charter)
NEW YORK
(State or other jurisdiction of incorporation or organization)
6311
(Primary Standard Industrial Classification Code Number)
13-2699219
(I.R.S. Employer Identification Number)
212 HIGHBRIDGE STREET
SUITE D
FAYETTEVILLE, NY 13066
(315) 637-4232
(Address, including zip code, and telephone number,
including area codes, of registrant's principal executive offices)
RICHARD J. WIRTH
HARTFORD LIFE INSURANCE COMPANY
P.O. BOX 2999
HARTFORD, CONNECTICUT 06104-2999
(860) 843-1941
(Name, address, including zip code, and telephone number, including area code,
of agent for service)
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AS SOON AS PRACTICABLE AFTER THE EFFECTIVE DATE OF THIS REGISTRATION STATEMENT.
(APPROXIMATE DATE OF COMMENCEMENT OF PROPOSED SALE TO THE PUBLIC)
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/X/ If any of the securities being registered on this Form are to be offered
on a delayed or continuous basis pursuant to Rule 415 under the
Securities Act of 1933 check the following box.
/ / If this Form is filed to register additional securities for an offering
pursuant to Rule 462(b) under the Securities Act, please check the
following box and list the Securities Act registration statement number
of the earlier effective registration statement for the same offering.
/ / If this Form is a post-effective amendment filed pursuant to Rule 462(c)
under the Securities Act, check the following box and list the Securities
Act registration statement number of the earlier effective registration
for the same offering.
/ / If this Form is a post-effective amendment filed pursuant to Rule 462(d)
under the Securities Act, check the following box and list the Securities
Act registration statement number of the earlier effective registration
statement for the same offering.
The Registrant hereby amends this registration statement on such date or dates
as may be necessary to delay its effective date until the Registrant shall file
a further amendment which specifically states that this registration statement
shall thereafter become effective in accordance with Section 8(a) of the
Securities Act of 1933 or until the registration statement shall become
effective on such date as the Commission, acting pursuant to Section 8(a), may
determine.
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<Page>
PART I
<Page>
TD WATERHOUSE VARIABLE ANNUITY
SEPARATE ACCOUNT A
ISSUED BY:
UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
212 HIGHBRIDGE STREET
SUITE D
FAYETTEVILLE, NY 13066
ADMINISTERED BY:
HARTFORD LIFE INSURANCE COMPANY
P.O. BOX 5085
HARTFORD, CONNECTICUT 06102-5085
TELEPHONE: 1-800-862-6668 (CONTRACT OWNERS)
1-800-862-7155 (REGISTERED REPRESENTATIVES)
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This prospectus describes information you should know before you purchase the TD
Waterhouse Variable Annuity. Please read it carefully before you purchase your
variable annuity.
TD Waterhouse Variable Annuity is a contract between you and Union Security Life
Insurance Company of New York (formerly First Fortis Life Insurance Company)
where you agree to make at least one Premium Payment and Union Security agrees
to make a series of Annuity Payouts at a later date. This Contract is a flexible
premium, tax-deferred, variable annuity offered to both individuals and groups.
It is:
X Flexible, because you may add Premium Payments at any time.
X Tax-deferred, which means you don't pay taxes until you take money out or
until we start to make Annuity Payouts.
X Variable, because the value of your Contract will fluctuate with the
performance of the underlying Funds.
At the time you purchase your Contract, you allocate your Premium Payment to
"Sub-Accounts." These are subdivisions of our Separate Account, an account that
keeps your Contract assets separate from our company assets. The Sub-Accounts
then purchase shares of mutual funds set up exclusively for variable annuity or
variable life insurance products. These are not the same mutual funds that you
buy through your stockbroker or through a retail mutual fund. They may have
similar investment strategies and the same portfolio managers as retail mutual
funds. This Contract offers you Funds with investment strategies ranging from
conservative to aggressive and you may pick those Funds that meet your
investment goals and risk tolerance. The Funds are part of the following
Portfolio companies: AIM Variable Insurance Funds, AllianceBernstein Variable
Products Series Fund, Inc., American Investments Variable Portfolios, Inc.,
Federated Insurance Series, Gartmore Variable Insurance Trust, Hartford Series
Fund, Inc., ING Investors Trust, ING VP Natural Resources Trust, MFS(R) Variable
Insurance Trust, Neuberger Berman Advisers Management Trust, Pioneer Variable
Contracts Trust, Van Eck Worldwide Insurance Trust and Wells Fargo Variable
Trust Funds.
You may also allocate some or all of your Premium Payment to either the Fixed
Accumulation Feature or a Guarantee Period. The Fixed Accumulation Feature pays
an interest rate guaranteed for a certain time period from the time the Premium
Payment is made. A Guarantee Period guarantees a rate of interest until a
specified maturity date and may be subject to a Market Value Adjustment. Premium
Payments allocated to the Fixed Accumulation Feature or a Guarantee Period are
not segregated from our company assets like the assets of the Separate Account.
If you decide to buy this Contract, you should keep this prospectus for your
records. You can also call us to get a Statement of Additional Information, free
of charge. The Statement of Additional Information contains more information
about this Contract, and, like this prospectus, the Statement of Additional
Information is filed with the Securities and Exchange Commission ("SEC").
Although we file the prospectus and the Statement of Additional Information with
the SEC, the SEC doesn't approve or disapprove these securities or determine if
the information in this prospectus is truthful or complete. Anyone who
represents that the SEC does these things may be guilty of a criminal offense.
This prospectus and the Statement of Additional Information can also be obtained
from the SEC's website (http://www.sec.gov).
This Contract IS NOT:
- - A bank deposit or obligation
- - Federally insured
- - Endorsed by any bank or governmental agency
This Contract and its features may not be available for sale in all states.
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PROSPECTUS DATED: MAY 1, 2009
STATEMENT OF ADDITIONAL INFORMATION DATED: MAY 1, 2009
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2 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
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TABLE OF CONTENTS
<Table>
<Caption>
PAGE
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DEFINITIONS 3
FEE TABLE 5
HIGHLIGHTS 7
GENERAL CONTRACT INFORMATION 8
Union Security Life Insurance Company of New York 8
The Separate Account 8
The Funds 8
PERFORMANCE RELATED INFORMATION 12
Guarantee Periods 12
THE CONTRACT 14
Purchases and Contract Value 14
Charges and Fees 18
Death Benefit 18
Surrenders 19
ANNUITY PAYOUTS 20
OTHER PROGRAMS AVAILABLE 22
OTHER INFORMATION 24
Legal Proceedings 26
More Information 26
FEDERAL TAX CONSIDERATIONS 26
INFORMATION REGARDING TAX-QUALIFIED RETIREMENT PLANS 32
ACCUMULATION UNIT VALUES 39
FURTHER INFORMATION ABOUT UNION SECURITY LIFE INSURANCE COMPANY OF NEW 43
YORK
TABLE OF CONTENTS TO STATEMENT OF ADDITIONAL INFORMATION 50
APPENDIX I -- SAMPLE MARKET VALUE ADJUSTMENT CALCULATIONS 51
APPENDIX II -- INVESTMENTS BY UNION SECURITY 53
FINANCIAL STATEMENTS F-1
</Table>
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UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 3
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DEFINITIONS
These terms are capitalized when used throughout this prospectus. Please refer
to these defined terms if you have any questions as you read your prospectus.
ACCOUNT: Any of the Sub-Accounts or Guarantee Period accounts.
ACCUMULATION PERIOD: The time after you purchase the Contract until we begin to
make Annuity Payouts.
ACCUMULATION UNITS: If you allocate your Premium Payment to any of the
Sub-Accounts, we will convert those payments into Accumulation Units in the
selected Sub-Accounts. Accumulation Units are valued at the end of each
Valuation Day and are used to calculate the value of your Contract prior to
Annuitization.
ACCUMULATION UNIT VALUE: The daily price of Accumulation Units on any Valuation
Day.
ADMINISTRATIVE OFFICE: Hartford Life Insurance Company administers these
Contracts. Their location and overnight mailing address is: 1 Griffin Road
North, Windsor, CT 06095-1512. Their standard mailing address is: P.O. Box 5085,
Hartford, Connecticut 06102-5085.
ANNIVERSARY VALUE: The value equal to the Contract Value as of a Contract
Anniversary, adjusted for subsequent Premium Payments and partial Surrenders.
ANNUAL MAINTENANCE FEE: An annual $30 charge deducted on a Contract Anniversary
or upon full Surrender if the Contract Value at either of those times is less
than $50,000. The charge is deducted proportionately from each Account in which
you are invested.
ANNUITANT: The person on whose life the Contract is issued. The Annuitant may
not be changed after your Contract is issued.
ANNUITY CALCULATION DATE: The date we calculate the first Annuity Payout.
ANNUITY COMMENCEMENT DATE: The later of the 10th Contract Anniversary or the
date the Annuitant reaches age 90, unless you elect an earlier date or we, in
our sole discretion, agree to postpone to another date following our receipt of
an extension request.
ANNUITY PAYOUT: The money we pay out after the Annuity Commencement Date for the
duration and frequency you select.
ANNUITY PAYOUT OPTION: Any of the options available for payout after the Annuity
Commencement Date or death of the Contract Owner or Annuitant.
ANNUITY PERIOD: The time during which we make Annuity Payouts.
ANNUITY UNIT: The unit of measure we use to calculate the value of your Annuity
Payouts under a variable dollar amount Annuity Payout Option.
ANNUITY UNIT VALUE: The daily price of Annuity Units on any Valuation Day.
BENEFICIARY: The person entitled to receive benefits pursuant to the terms of
the Contract upon the death of any Contract Owner, joint Contract Owner or
Annuitant.
CHARITABLE REMAINDER TRUST: An irrevocable trust, where an individual donor
makes a gift to the trust, and in return receives an income tax deduction. In
addition, the individual donor has the right to receive a percentage of the
trust earnings for a specified period of time.
CODE: The Internal Revenue Code of 1986, as amended.
COMMUTED VALUE: The present value of any remaining guaranteed Annuity Payouts.
This amount is calculated using the Assumed Investment Return for variable
dollar amount Annuity Payouts and a rate of return determined by us for fixed
dollar amount Annuity Payouts.
CONTINGENT ANNUITANT: The person you may designate to become the Annuitant if
the original Annuitant dies before the Annuity Commencement Date. You must name
a Contingent Annuitant before the original Annuitant's death. This is only
available if you own a Non-Qualified Contract.
CONTRACT: The individual Annuity Contract and any endorsements or riders. Group
participants and some individuals may receive a certificate rather than a
Contract.
CONTRACT ANNIVERSARY: The anniversary of the date we issued your Contract. If
the Contract Anniversary falls on a Non-Valuation Day, then the Contract
Anniversary will be the next Valuation Day.
CONTRACT OWNER, OWNER OR YOU: The owner or holder of the Contract described in
this prospectus including any joint Owners. We do not capitalize "you" in the
prospectus.
CONTRACT VALUE: The total value of the Accounts on any Valuation Day.
CONTRACT YEAR: Any 12 month period between Contract Anniversaries, beginning
with the date the Contract was issued.
DEATH BENEFIT: The amount payable after the Contract Owner or the Annuitant
dies.
DOLLAR COST AVERAGING: A program that allows you to systematically make
transfers between Accounts available in your Contract.
GENERAL ACCOUNT: This account holds our company assets and any assets not
allocated to a Separate Account.
JOINT ANNUITANT: The person on whose life Annuity Payouts are based if the
Annuitant dies after Annuitization. You may
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4 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
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name a Joint Annuitant only if your Annuity Payout Option provides for a
survivor. The Joint Annuitant may not be changed.
MARKET VALUE ADJUSTMENT: An adjustment that either increases or decreases the
amount we pay you under certain circumstances.
NET INVESTMENT FACTOR: This is used to measure the investment performance of a
Sub-Account from one Valuation Day to the next, and is also used to calculate
your Annuity Payout amount.
NON-VALUATION DAY: Any day the New York Stock Exchange is not open for trading.
PAYEE: The person or party you designate to receive Annuity Payouts.
PREMIUM PAYMENT: Money sent to us to be invested in your Contract.
PREMIUM TAX: A tax charged by a state or municipality on Premium Payments.
QUALIFIED CONTRACT: A Contract that is defined as a tax-qualified retirement
plan in the Code.
REQUIRED MINIMUM DISTRIBUTION: A federal requirement that individuals age 70 1/2
and older must take a distribution from their tax-qualified retirement account
by December 31, each year. For employer sponsored Qualified Contracts, the
individual must begin taking distributions at the age of 70 1/2 or upon
retirement, whichever comes later.
SUB-ACCOUNT VALUE: The value on or before the Annuity Calculation Date, which is
determined on any day by multiplying the number of Accumulation Units by the
Accumulation Unit Value for that Sub-Account.
SURRENDER: A complete or partial withdrawal from your Contract.
SURRENDER VALUE: The amount we pay you if you terminate your Contract before the
Annuity Commencement Date. The Surrender Value (subject to rounding) is equal to
the Contract Value minus any applicable Market Value Adjustment.
UNION SECURITY: Union Security Life Insurance Company of New York, the company
that issued this Contract.
VALUATION DAY: Every day the New York Stock Exchange is open for trading. Values
of the Separate Account are determined as of the close of the New York Stock
Exchange, generally 4:00 p.m. Eastern Time.
VALUATION PERIOD: The time span between the close of trading on the New York
Stock Exchange from one Valuation Day to the next.
<Page>
UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 5
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FEE TABLE
THE FOLLOWING TABLES DESCRIBE THE FEES AND EXPENSES THAT YOU WILL PAY WHEN
BUYING, OWNING, AND SURRENDERING THE CONTRACT.
THIS TABLE DESCRIBES THE FEES AND EXPENSES THAT YOU WILL PAY AT THE TIME THAT
YOU PURCHASE THE CONTRACT OR SURRENDER THE CONTRACT. CHARGES FOR STATE PREMIUM
TAXES MAY ALSO BE DEDUCTED WHEN YOU PURCHASE THE CONTRACT, UPON SURRENDER OR
WHEN WE START TO MAKE ANNUITY PAYOUTS.
CONTRACT OWNER TRANSACTION EXPENSES
<Table>
Sales Charge Imposed on Purchases (as a percentage of Premium Payments) None
Maximum Contingent Deferred Sales Charge (as a percentage of Premium Payments) None
</Table>
THIS TABLE DESCRIBES THE FEES AND EXPENSES THAT YOU WILL PAY PERIODICALLY AND ON
A DAILY BASIS DURING THE TIME THAT YOU OWN THE CONTRACT, NOT INCLUDING FEES AND
EXPENSES OF THE UNDERLYING FUNDS.
<Table>
ANNUAL MAINTENANCE FEE (1) $30
SEPARATE ACCOUNT ANNUAL EXPENSES (as a percentage of average daily Sub-Account value)
Mortality and Expense Risk Charge 0.45%
Total Separate Account Annual Expenses 0.45%
</Table>
(1) An annual $30 charge deducted on a Contract Anniversary or upon Surrender
if the Contract Value at either of those times is less than $50,000. It is
deducted proportionately from the Sub-Accounts in which you are invested at
the time of the charge.
THIS TABLE SHOWS THE MINIMUM AND MAXIMUM TOTAL ANNUAL FUND OPERATING EXPENSES
CHARGED BY THE UNDERLYING FUNDS THAT YOU MAY PAY ON A DAILY BASIS DURING THE
TIME THAT YOU OWN THE CONTRACT. MORE DETAIL CONCERNING EACH FUND'S FEES AND
EXPENSES IS CONTAINED IN THE PROSPECTUS FOR EACH FUND.
<Table>
<Caption>
MINIMUM MAXIMUM
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TOTAL ANNUAL FUND OPERATING EXPENSES 0.32% 1.91%
(these are expenses that are deducted from Fund assets,
including management fees, Rule 12b-1 distribution
and/or service fees, and other expenses)
</Table>
<Page>
6 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
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EXAMPLE
THIS EXAMPLE IS INTENDED TO HELP YOU COMPARE THE COST OF INVESTING IN THE
CONTRACT WITH THE COST OF INVESTING IN OTHER VARIABLE ANNUITY CONTRACTS. THESE
COSTS INCLUDE CONTRACT OWNER TRANSACTION EXPENSES, MAXIMUM SEPARATE ACCOUNT
ANNUAL EXPENSES, AND TOTAL ANNUAL FUND OPERATING EXPENSES.
THE EXAMPLE ASSUMES THAT YOU INVEST $10,000 IN THE CONTRACT FOR THE TIME PERIODS
INDICATED. THE EXAMPLE ALSO ASSUMES THAT YOUR INVESTMENT HAS A 5% RETURN EACH
YEAR AND ASSUMES THE MAXIMUM FEES AND EXPENSES OF ANY OF THE FUNDS.
ALTHOUGH YOUR ACTUAL COSTS MAY BE HIGHER OR LOWER, BASED ON THESE ASSUMPTIONS,
YOUR COSTS WOULD BE:
(1) If you Surrender your Contract at the end of the applicable time period:
<Table>
1 year $272
3 years $832
5 years $1,416
10 years $2,985
</Table>
(2) If you annuitize at the end of the applicable time period:
<Table>
1 year $242
3 years $802
5 years $1,386
10 years $2,955
</Table>
(3) If you do not Surrender your Contract:
<Table>
1 year $272
3 years $832
5 years $1,416
10 years $2,985
</Table>
CONDENSED FINANCIAL INFORMATION
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When Premium Payments are credited to your Sub-Accounts, they are converted into
Accumulation Units by dividing the amount of your Premium Payments, minus any
Premium Taxes, by the Accumulation Unit Value for that day. For more information
on how Accumulation Unit Values are calculated see "How is the value of my
Contract calculated before the Annuity Commencement Date?". Please refer to the
"Accumulation Unit Values" Section of this Prospectus for information regarding
Accumulation Unit Values.
<Page>
UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 7
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HIGHLIGHTS
WHAT TYPE OF SALES CHARGE WILL I PAY?
You don't pay a sales charge when you purchase your Contract.
IS THERE AN ANNUAL MAINTENANCE FEE?
We deduct a $30.00 fee each year on your Contract Anniversary or when you fully
Surrender your Contract, if, on either of those dates, the value of your
Contract is less than $50,000.
WHAT CHARGES WILL I PAY ON AN ANNUAL BASIS?
In addition to the Annual Maintenance Fee, you pay the following charges each
year:
- - MORTALITY AND EXPENSE RISK CHARGE -- This charge is deducted daily and is
equal to an annual charge of 0.45% of your Contract Value invested in the
Sub-Accounts.
- - ANNUAL FUND OPERATING EXPENSES -- These are charges for the Funds. See the
Funds' prospectuses for more complete information.
Charges and fees may have a significant impact on Contract Values and the
investment performance of Sub-Accounts. This impact may be more significant with
Contracts with lower Contract Values.
CAN I TAKE OUT ANY OF MY MONEY?
You may Surrender all or part of the amounts you have invested at any time
before we start making Annuity Payouts. You may have to pay income tax on the
money you take out and, if you Surrender before you are age 59 1/2, you may have
to pay an income tax penalty. Surrenders may be subject to a Market Value
Adjustment.
IS THERE A MARKET VALUE ADJUSTMENT?
Surrenders and other withdrawals from a Guarantee Period in our General Account
may be subject to a Market Value Adjustment. The Market Value Adjustment may
increase or reduce the General Account value of your Contract. A Market Value
Adjustment will also be applied to any General Account value that is transferred
from the General Account to other Sub-Accounts before the end of the Guarantee
Period. The Market Value Adjustment is computed using a formula that is
described in this prospectus under "Market Value Adjustment."
WHAT INVESTMENT CHOICES ARE AVAILABLE?
You may allocate your Premium Payment or Contract Values among the following
investment choices:
- - The variable Sub-Accounts that invest in underlying Funds; and/or
- - One or more Guarantee Periods, which may be subject to a Market Value
Adjustment.
WILL UNION SECURITY PAY A DEATH BENEFIT?
There is a Death Benefit if the Contract Owner dies before we begin to make
Annuity Payouts. The Death Benefit amount will remain invested in the
Sub-Accounts according to your last instructions and will fluctuate with the
performance of the underlying Funds until we receive proof of death and complete
instructions from the Beneficiary.
If death occurs before the Annuity Commencement Date, the Death Benefit is the
greater of:
- - The total Premium Payments you have made to us minus any partial Surrenders
and any applicable negative Market Value Adjustment; or
- - The Contract Value of your Contract.
WHAT ANNUITY PAYOUT OPTIONS ARE AVAILABLE?
When it comes time for us to make payouts, you may choose one of the following
Annuity Payout Options: Life Annuity, Life Annuity with Payments for 10 or 20
years, Joint and 1/2 Contingent Survivor Annuity, and Joint and Full Survivor
Annuity. We may make other Annuity Payout Options available at any time.
You must begin to take payouts by the Annuitant's 110th birthday unless you
elect a later date to begin receiving payments subject to the laws and
regulations then in effect and our approval. The date you select may have tax
consequences, so please check with a qualified tax advisor. If you do not tell
us what Annuity Payout Option you want before that time, we will make Automatic
Annuity Payouts under the Life Annuity with Payments Guaranteed for 10 Years.
Depending on the investment allocation of your Contract in effect on the Annuity
Commencement Date, we will make Automatic Annuity Payouts that are:
- - fixed dollar amount Automatic Annuity Payouts,
- - variable dollar amount Automatic Annuity Payouts, or
- - a combination of fixed dollar amount and variable dollar amount Automatic
Annuity Payouts.
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8 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
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GENERAL CONTRACT INFORMATION
UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
Union Security Life Insurance Company of New York ("Union Security") is the
issuer of the contracts. Union Security is a New York corporation founded in
1971. It is qualified to sell life insurance and annuity contracts in New York.
Union Security is a wholly owned subsidiary of Assurant, Inc. Assurant, Inc. is
the ultimate parent of Union Security Life Insurance Company of New York.
Assurant, Inc. is a premier provider of specialized insurance products and
related services in North America and selected other international markets. Its
stock is traded on the New York Stock Exchange under the symbol AIZ.
All of the guarantees and commitments under the contracts are general
obligations of Union Security. None of Union Security's affiliated companies has
any legal obligation to back Union Security's obligations under the contracts.
On April 1, 2001, Union Security entered into an agreement with Hartford Life
Insurance Company ("Hartford") to co-insure the obligations of Union Security
under the variable annuity Contracts and to provide administration for the
Contracts. Hartford was originally incorporated under the laws of Wisconsin on
January 9, 1956, and subsequently redomiciled to Connecticut. Hartford's offices
are located in Simsbury, Connecticut; however, its mailing address is P.O. Box
2999, Hartford, CT 06104-2999. Hartford is ultimately controlled by The Hartford
Financial Services Group, Inc., one of the largest financial service providers
in the United States.
THE SEPARATE ACCOUNT
The Separate Account is where we set aside and invest the assets of some of our
annuity contracts, including this Contract. The Separate Account was established
on October 1, 1993 as "Separate Account A" and is registered as a unit
investment trust under the Investment Company Act of 1940. This registration
does not involve supervision by the SEC of the management or the investment
practices of the Separate Account, Union Security or Hartford. The Separate
Account meets the definition of "Separate Account" under federal securities law.
This Separate Account holds only assets for variable annuity contracts. The
Separate Account:
- - Holds assets for your benefit and the benefit of other Contract Owners, and
the persons entitled to the payouts described in the Contract.
- - Is not subject to the liabilities arising out of any other business Union
Security or Hartford may conduct.
- - Is not affected by the rate of return of Union Security's General Account or
Hartford's General Account or by the investment performance of any of Union
Security's or Hartford's other Separate Accounts.
- - May be subject to liabilities from a Sub-Account of the Separate Account
that holds assets of other variable annuity contracts offered by the
Separate Account, which are not described in this prospectus.
- - Is credited with income and gains, and takes losses, whether or not
realized, from the assets it holds.
We do not guarantee the investment results of the Separate Account. There is no
assurance that the value of your Contract will equal the total of the payments
you make to us.
THE FUNDS
<Table>
<Caption>
FUNDING OPTION INVESTMENT OBJECTIVE SUMMARY INVESTMENT ADVISER/SUB-ADVISER
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AIM VARIABLE INSURANCE FUNDS
AIM V.I. CORE EQUITY FUND -- SERIES I Growth of capital Invesco Aim Advisors, Inc.
Sub-adviser: Advisory entities affiliated
with Invesco Aim Advisors, Inc.
AIM V.I. GLOBAL HEALTH CARE FUND -- Capital growth Invesco Aim Advisors, Inc.
SERIES I Sub-adviser: Advisory entities affiliated
with Invesco Aim Advisors, Inc.
AIM V.I. TECHNOLOGY FUND -- SERIES I Seeks capital growth. Invesco Aim Advisors, Inc.
Sub-adviser: Advisory entities affiliated
with Invesco Aim Advisors, Inc.
ALLIANCEBERNSTEIN VARIABLE PRODUCTS
SERIES FUND, INC.
ALLIANCEBERNSTEIN VPS INTERNATIONAL Long term growth of capital AllianceBernstein L.P.
GROWTH PORTFOLIO -- CLASS A
ALLIANCEBERNSTEIN VPS LARGE CAP GROWTH Long-term capital growth AllianceBernstein L.P.
PORTFOLIO -- CLASS A
</Table>
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UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 9
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<Table>
<Caption>
FUNDING OPTION INVESTMENT OBJECTIVE SUMMARY INVESTMENT ADVISER/SUB-ADVISER
- ---------------------------------------------------------------------------------------------------------------------------------
ALLIANCEBERNSTEIN VPS MONEY MARKET Maximum current income to the extent AllianceBernstein L.P.
PORTFOLIO -- CLASS A* consistent with safety of principal and
liquidity
AMERICAN CENTURY VARIABLE PORTFOLIOS,
INC.
AMERICAN CENTURY VP BALANCED Long-term capital growth and current income American Century Investment Management,
by investing approximately 60% of its Inc.
assets in equity securities and the
remainder in bonds and other fixed-income
securities
AMERICAN CENTURY VP CAPITAL Seeks capital growth. American Century Investment Management,
APPRECIATION Inc.
FEDERATED INSURANCE SERIES
FEDERATED CAPITAL INCOME FUND II High current income and moderate capital Federated Equity Management Company of
appreciation by investing in both equity Pennsylvania
and fixed-income securities that have Sub-advised by Federated Investment
relatively high relative income potential. Management Company
FEDERATED CLOVER VALUE FUND II (1) Long-term growth of capital and secondarily Federated Global Investment Management Co.
income by investing in common stocks and
other securities of high-quality companies.
FEDERATED FUND FOR U.S. GOVERNMENT Current income by investing primarily in a Federated Investment Management Company
SECURITIES II diversified portfolio of US government and
government agency securities and mortgage
backed securities.
FEDERATED HIGH INCOME BOND FUND II High current income by investing primarily Federated Investment Management Company
in a professionally managed, diversified
portfolio of fixed-income securities.
HARTFORD HLS SERIES FUND II, INC.
HARTFORD LARGECAP GROWTH HLS FUND -- Long-term growth of capital Hartford Investment Financial Services,
CLASS IA LLC.
Sub-advised by Hartford Investment
Management Company
HARTFORD MIDCAP GROWTH HLS FUND -- Long-term growth of capital Hartford Investment Financial Services,
CLASS IA LLC.
Sub-advised by Hartford Investment
Management Company
HARTFORD SMALLCAP VALUE HLS FUND -- Capital appreciation Hartford Investment Financial Services,
CLASS IA LLC.
Sub-advised by Kayne Anderson Rudnick
Investment Management, LLC, Metropolitan
West Capital Management, LLC and SSgA Funds
Management, Inc.
HARTFORD SERIES FUND, INC.
HARTFORD INDEX HLS FUND -- CLASS IA Seeks to provide investment results which Hartford Investment Financial Services,
approximate the price and yield performance LLC.
of publicly traded common stocks in the Sub-advised by Hartford Investment
aggregate Management Company
ING INVESTORS TRUST
ING GLOBAL RESOURCES PORTFOLIO Seeks long-term capital appreciation Directed Services Inc.
Sub-advised by ING Investment Management
Company
</Table>
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10 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
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<Table>
<Caption>
FUNDING OPTION INVESTMENT OBJECTIVE SUMMARY INVESTMENT ADVISER/SUB-ADVISER
- ---------------------------------------------------------------------------------------------------------------------------------
ING JPMORGAN EMERGING MARKETS EQUITY Seeks capital appreciation Directed Services Inc.
PORTFOLIO Sub-advised by J. P. Morgan Investment
Management, Inc.
MFS(R) VARIABLE INSURANCE TRUST
MFS(R) GROWTH SERIES -- INITIAL CLASS Seeks capital appreciation MFS Investment Management
(2)
MFS(R) HIGH INCOME SERIES -- INITIAL Total return with an emphasis on high MFS Investment Management
CLASS current income, but also considering
capital appreciation
MFS(R) STRATEGIC INCOME SERIES -- Total return with an emphasis on high MFS Investment Management
INITIAL CLASS current income, but also considering
capital appreciation
NATIONWIDE VARIABLE INSURANCE TRUST (3)
GARTMORE NVIT DEVELOPING MARKETS FUND Seeks long-term capital appreciation Nationwide Fund Advisers
-- CLASS II (4) Sub-advised by Gartmore Global Partners
NEUBERGER BERMAN ADVISERS MANAGEMENT
TRUST
PARTNERS PORTFOLIO Seeks to provide growth of capital Neuberger Berman Management, LLC
Sub-advised by Neuberger Berman, LLC
SHORT DURATION BOND PORTFOLIO (5) Seeks high current income consistent with Neuberger Berman Management, LLC
liquidity and low risk to principal; total Sub-advised by Lehman Brothers Asset
return is a secondary goal Management LLC
PIONEER VARIABLE CONTRACTS TRUST
PIONEER FUND VCT PORTFOLIO -- CLASS I Long-term growth of capital and reasonable Pioneer Investment Management, Inc.
current income
PIONEER GROWTH OPPORTUNITIES VCT Capital growth Pioneer Investment Management, Inc.
PORTFOLIO -- CLASS I
VAN ECK WORLDWIDE INSURANCE TRUST
VAN ECK WORLDWIDE BOND FUND Seeks high total return -- income plus Van Eck Associates Corporation
capital appreciation -- by investing
globally, primarily in a variety of debt
securities.
VAN ECK WORLDWIDE HARD ASSETS FUND Seeks long-term capital appreciation by Van Eck Associates Corporation
investing primarily in "hard assets"
securities. Income is a secondary
consideration.
WELLS FARGO VARIABLE TRUST FUNDS (6)
WELLS FARGO ADVANTAGE VT DISCOVERY Seeks long-term capital appreciation Wells Fargo Funds Management, LLC
FUND Sub-advised by Wells Capital Management
Incorporated
</Table>
NOTES
(1) Formerly Federated American Leaders Fund II
(2) Formerly MFS(R) Emerging Growth Series -- Initial Class
(3) Formerly Gartmore Variable Insurance Trust
(4) Formerly Gartmore GVIT Developing Markets Fund -- Class II
(5) Formerly Lehman Brothers Short Duration Bond Portfolio
(6) Formerly Strong Variable Insurance Funds, Inc.
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UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 11
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We do not guarantee the investment results of any of the underlying Funds. Since
each underlying Fund has different investment objectives, each is subject to
different risks. These risks and the Funds' expenses are more fully described in
the Funds' prospectus, and the Funds' Statement of Additional Information which
may be ordered from us. The Funds' prospectus should be read in conjunction with
this Prospectus before investing.
The Funds may not be available in all states.
MIXED AND SHARED FUNDING -- Shares of the Funds may be sold to our other
separate accounts and our insurance company affiliates or other unaffiliated
insurance companies to serve as the underlying investment for both variable
annuity contracts and variable life insurance policies, a practice known as
"mixed and shared funding." As a result, there is a possibility that a material
conflict may arise between the interests of Contract Owners, and of owners of
other contracts whose contract values are allocated to one or more of these
other separate accounts investing in any one of the Funds. In the event of any
such material conflicts, we will consider what action may be appropriate,
including removing the Fund from the Separate Account or replacing the Fund with
another underlying fund. There are certain risks associated with mixed and
shared funding. These risks are disclosed in the Funds' prospectus.
VOTING RIGHTS -- We are the legal owners of all Fund shares held in the Separate
Account and we have the right to vote at the Fund's shareholder meetings. To the
extent required by federal securities laws or regulations, we will:
- - Notify you of any Fund shareholders' meeting if the shares held for your
Contract may be voted.
- - Send proxy materials and a form of instructions that you can use to tell us
how to vote the Fund shares held for your Contract.
- - Arrange for the handling and tallying of proxies received from Contract
Owners.
- - Vote all Fund shares attributable to your Contract according to instructions
received from you, and
- - Vote all Fund shares for which no voting instructions are received in the
same proportion as shares for which instructions have been received.
If any federal securities laws or regulations, or their present interpretation,
change to permit us to vote Fund shares on our own, we may decide to do so. You
may attend any Shareholder Meeting at which shares held for your Contract may be
voted. After we begin to make Annuity Payouts to you, the number of votes you
have will decrease. As a result of proportional voting, a small number of
Contract Owners could determine the outcome of a proposition subject to
shareholder vote.
SUBSTITUTIONS, ADDITIONS, OR DELETIONS OF FUNDS -- We reserve the right, subject
to any applicable law, to make certain changes to the Funds offered under your
Contract. We may, in our sole discretion, establish new Funds. New Funds will be
made available to existing Contract Owners as we determine appropriate. We may
also close one or more Funds to additional Premium Payments or transfers from
existing Sub-Accounts. Unless otherwise directed, investment instructions will
be automatically updated to reflect the Fund surviving after any merger,
substitution or liquidation.
We may eliminate the shares of any of the Funds from the Contract for any reason
and we may substitute shares of another registered investment company for the
shares of any Fund already purchased or to be purchased in the future by the
Separate Account. To the extent required by the Investment Company Act of 1940
(the "1940 Act"), substitutions of shares attributable to your interest in a
Fund will not be made until we have the approval of the Commission and we have
notified you of the change.
In the event of any substitution or change, we may, by appropriate endorsement,
make any changes in the Contract necessary or appropriate to reflect the
substitution or change. If we decide that it is in the best interest of Contract
Owners, the Separate Account may be operated as a management company under the
1940 Act or any other form permitted by law, may be deregistered under the 1940
Act in the event such registration is no longer required, or may be combined
with one or more other Separate Accounts.
ADMINISTRATIVE AND DISTRIBUTION SERVICES -- Union Security has entered into
agreements with the investment advisers or distributors of many of the Funds.
Under the terms of these agreements, Union Security, or its agents, provide
administrative and distribution related services and the Funds pay fees that are
usually based on an annual percentage of the average daily net assets of the
Funds. These agreements may be different for each Fund or each Fund family and
may include fees under a distribution and/or servicing plan adopted by a Fund
pursuant to Rule 12b-1 under the Investment Company Act of 1940.
FEES WE RECEIVE FROM FUNDS AND RELATED PARTIES -- We receive substantial and
varying administrative service payments and Rule 12b-1 fees from certain Funds
or related parties. These types of payments and fees are sometimes referred to
as "revenue sharing" payments. We consider revenue sharing payments and fees
among a number of factors when deciding to add or keep a fund on the menu of
Funds that we offer through the Contract. We collect these payments and fees
under agreements between us and a Fund's principal underwriter, transfer agent,
investment adviser and/or other entities related to the Fund. We expect to make
a profit on these fees.
The availability of these types of arrangements creates an incentive for us to
seek and offer Funds (and classes of shares of such Funds) that pay us revenue
sharing. Other funds (or available classes of shares) may have lower fees and
better overall investment performance.
As of December 31, 2008, we have entered into arrangements to receive
administrative service payments and/or Rule 12b-1 fees from each of the
following Fund complexes (or affiliated entities): AIM Advisors, Inc.,
AllianceBernstein Variable
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12 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
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Products Series Funds & Alliance Bernstein Investments, American Century
Investment Services, Inc., DWS Scudder Distributors, Inc., Federated Securities
Corp, Gartmore Variable Insurance Trust, Gartmore Distribution Services,
Gartmore Asset Management Trust, ING Fund Services, MFS Fund Distributors, Inc.
& Massachusetts Financial Services Company, Neuberger Berman Management Inc.,
Pioneer Variable Contracts Trust & Pioneer Investment Management, Inc. & Pioneer
Funds Distributor, Inc., Van Eck Securities Corp; Van Eck Fund, Inc., Van Eck
World Wide Investment Trust Funds, LLC, and Wells Fargo Variable Trust & Wells
Fargo Fund Management, LLC.
We are affiliated with Hartford Series Fund, Inc. and Hartford HLS Series Fund
II, Inc. (collectively, the "HLS Funds") based on our affiliation with their
investment advisers HL Investment Advisors, LLC and Hartford Investment
Management Company. In addition to investment advisory fees, we, or our other
insurance company affiliates, receive fees to provide, among other things,
administrative, processing, accounting and shareholder services for the HLS
Funds.
Not all Fund complexes pay the same amounts of revenue sharing payments and/or
Rule 12b-1 fees. Therefore, the amount of fees we collect may be greater or
smaller based on the Funds you select. Revenue sharing and Rule 12b-1 fees did
not exceed 0.50% and 0.35%, respectively, in 2008., of the annual percentage of
the average daily net assets (for instance, in 2008, assuming that you invested
in a Fund that paid us the maximum fees and you maintained a hypothetical
average balance of $10,000, we would collect $85 from that fund). We will
endeavor to update this listing annually and interim arrangements may not be
reflected. For the fiscal year ended December 31, 2008, revenue sharing and Rule
12b-1 fees did not exceed approximately $65,000. These fees do not take into
consideration indirect benefits received by offering HLS Funds as investment
options.
PERFORMANCE RELATED INFORMATION
The Separate Account may advertise certain performance-related information
concerning the Sub-Accounts. Performance information about a Sub-Account is
based on the Sub-Account's past performance only and is no indication of future
performance.
When a Sub-Account advertises its standardized total return, it will usually be
calculated from the date of either the Separate Account's inception or the
Sub-Account's inception, whichever is later, one year, five years, and ten years
or some other relevant periods if the Sub-Account has not been in existence for
at least ten years. Total return is measured by comparing the value of an
investment in the Sub-Account at the beginning of the relevant period to the
value of the investment at the end of the period. Total return calculations
reflect a deduction for Total Annual Fund Operating Expenses, any Contingent
Deferred Sales Charge, Separate Account Annual Expenses without any optional
charge deductions, and the Annual Maintenance Fee.
The Separate Account may also advertise non-standardized total returns that
pre-date the inception of the Separate Account. These non-standardized total
returns are calculated by assuming that the Sub-Accounts have been in existence
for the same periods as the underlying Funds and by taking deductions for
charges equal to those currently assessed against the Sub-Accounts.
Non-standardized total return calculations reflect a deduction for Total Annual
Fund Operating Expenses and Separate Account Annual Expenses without any
optional charge deductions, and do not include deduction for Contingent Deferred
Sales Charge or the Annual Maintenance Fee. This means the non-standardized
total return for a Sub-Account is higher than the standardized total return for
a Sub-Account. These non-standardized returns must be accompanied by
standardized returns.
If applicable, the Sub-Accounts may advertise yield in addition to total return.
This yield is based on the 30-day SEC yield of the Underlying Fund less the
recurring charges at the Separate Account level.
A money market Sub-Account may advertise yield and effective yield. The yield of
a Sub-Account over a seven-day period and then annualized, i.e. the income
earned in the period is assumed to be earned every seven days over a 52-week
period and stated as a percentage of the investment. Effective yield is
calculated similarly but when annualized, the income earned by the investment is
compounded in the course of a 52-week period. Yield and effective yield include
the recurring charges at the Separate Account level.
We may provide information on various topics to Contract Owners and prospective
Contract Owners in advertising, sales literature or other materials. These
topics may include the relationship between sectors of the economy and the
economy as a whole and its effect on various securities markets, investment
strategies and techniques (such as systematic investing, Dollar Cost Averaging
and asset allocation), the advantages and disadvantages of investing in
tax-deferred and taxable instruments, customer profiles and hypothetical
purchase scenarios, financial management and tax and retirement planning, and
other investment alternatives, including comparisons between the Contract and
the characteristics of and market for such alternatives.
GUARANTEE PERIODS
Any amount you allocate to our General Account under this Contract earns a
guaranteed interest rate beginning on the date you make the allocation. The
guaranteed interest rate continues for the number of years you select, up to a
maximum of ten years. We call this a Guarantee Period. At the end of your
Guarantee Period, your Contract Value, including accrued interest, will be
allocated to a new Guarantee Period that is the same length as your original
Guaranteed Period. However, you may reallocate your Contract Value to different
then available
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UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 13
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Guarantee Periods or to the Sub-Accounts. If you decide to reallocate your
Contract Value, you must do so by sending us a written request. We must receive
your written request at least three business days before the end of your
Guarantee Period. The first day of your new Guarantee Period or other
reallocation will be the day after the end of your previous Guarantee Period. We
will notify you at least 45 days and not more than 75 days before the end of
your Guarantee Period.
Each Guarantee Period has its own guaranteed interest rate, which may differ
from other Guarantee Periods. We may, at our discretion, change the guaranteed
interest rate for future Guarantee Periods. These changes will not affect the
guaranteed interest rates we are paying on current Guarantee Periods. The
guaranteed interest rate will never be less than an effective annual rate of 3%.
Union Security's Management makes the final determination on the guaranteed
interest rates to be declared. We cannot predict or assure the level of any
future guaranteed interest rates in excess of an effective annual rate of 3%.
We declare the guaranteed interest rates from time to time as market conditions
dictate. We advise you of the guaranteed interest rate for a Guarantee Period at
the time we receive a Premium Payment from you, or at the time we execute a
transfer you have requested, or at the time a Guarantee Period is renewed. You
may obtain information concerning the guaranteed interest rates that apply to
the various Guarantee Periods. You may obtain this information from our home
office or from your sales representative at any time.
We do not have a specific formula for establishing the guaranteed interest rates
for the Guarantee Periods. Guaranteed interest rates may be influenced by the
available interest rates on the investments we acquire with the amounts you
allocate for a particular Guarantee Period. Guaranteed interest rates do not
necessarily correspond to the available interest rates on the investments we
acquire with the amounts you allocate for a particular Guarantee Period. In
addition, when we determine guaranteed interest rates, we may consider:
- - the duration of a Guarantee Period;
- - regulatory and tax requirements;
- - sales and administrative expenses we bear;
- - risks we assume;
- - our profitability objectives; and
- - general economic trends.
MARKET VALUE ADJUSTMENT
Except as described below, we will apply a Market Value Adjustment to any
general account value that is surrendered, transferred, or otherwise paid out
(annuitized) before the end of a Guarantee Period. For example, we will apply a
Market Value Adjustment to the general account value that we pay as an amount
applied to distributions on the death of the Annuitant, an Annuity Payout
option, or as an amount paid as a single sum in lieu of an Annuity Payout.
The purpose of the Market Value Adjustment is to generally transfer the risk to
you of prematurely liquidating your investment. The Market Value Adjustment
reflects both the amount of time left in your Guarantee period and the
difference between the rate of interest credited to your current Guarantee
period and the interest rate we are crediting to a new Guarantee Period with a
duration equal to the amount of time left in your Guarantee Period. If your
Guarantee Period's rate of interest is lower than the sum of the new Guarantee
Period interest rate and the Market Value Adjustment factor, then the
application of the Market Value Adjustment will reduce the amount you receive or
transfer. Conversely, if your Guarantee Period's rate of interest is higher than
the sum of the rate of interest we are crediting for the new Guarantee Period
and the Market Value Adjustment factor, then the application of the Market Value
Adjustment will increase the amount you receive or transfer. You will find a
sample Market Value Adjustment calculation in Appendix I.
We do not apply a Market Value Adjustment to withdrawals and transfers of the
general account value in the following circumstances:
1. Surrenders during a 30 day period that begins 15 days before the end of
the Guarantee Period in which the general account value was being held,
and that ends 15 days after the end of the Guarantee Period in which
the general account value was being held; and
2. Surrenders or transfers from a Guarantee Period on a periodic,
automatic basis. This exception only applies to such withdrawals or
transfers under a formal company program. We may impose conditions and
limitations on any formal company program for the withdrawal or
transfer of general account values. Ask your representative about the
availability of such a program in your state and applicable conditions
and limitations.
DOLLAR COST AVERAGING PLUS ("DCA PLUS") PROGRAMS -- You may enroll in one or
more special pre-authorized transfer programs known as our DCA Plus Programs
(the "Programs"). Under these Programs, Contract Owners who enroll may allocate
a minimum of $5,000 of their Premium Payment into a Program (we may allow a
lower minimum Premium Payment for qualified plan transfers or rollovers,
including IRAs) and pre-authorize transfers from our Fixed Accumulation Feature
to any of the Sub-Accounts under either a 6-Month Transfer Program or 12-Month
Transfer Program subject to Program rules. The 6-Month Transfer Program and the
12-Month Transfer Program will generally have different credited interest rates.
Under the 6-Month Transfer Program, the interest rate can accrue up to 6 months
and all Premium Payments and accrued interest must be transferred from the
Program to the selected Sub-Accounts in 3 to 6 months. Under the 12-Month
Transfer Program, the interest rate can accrue up to 12 months and all Premium
Payments and accrued interest must be transferred to the selected Sub-Accounts
in 7 to 12 months. This will be accomplished by monthly transfers for the period
selected and with the final transfer of the entire amount remaining in the
Program.
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14 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
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The pre-authorized transfers will begin within 15 days of receipt of the Program
payment provided we receive complete enrollment instructions. If we do not
receive complete Program enrollment instructions within 15 days of receipt of
the initial Program payment, the Program will be voided and the entire balance
in the Program will be transferred to the Accounts designated by you. If you do
not designate an Account, we will return your Program payment to you for further
instruction. If your Program payment is less than the required minimum amount,
we will apply it to your Contract according to your instructions on record for a
subsequent Premium Payment.
Under the DCA Plus Programs, the credited interest rate is not earned on the
full amount of your Premium Payment for the entire length of the Program. This
is because Program transfers to the Sub-Accounts decrease the amount of your
Premium Payment remaining in the Program.
All Program payments, including any subsequent Program payment, must meet the
Program minimum. Any subsequent Program payments we receive during an active
Program transfer period which are received during the same interest rate
effective period will be credited to the current Program. Any subsequent Program
payments we receive during an active Program transfer period which are received
during a different interest rate effective period will be used to start a new
Program. That Program will be credited with the interest rate in effect on the
date we start the new Program. Unless you send us different instructions, the
new Program will be the same length of time as your current Program and will
allocate the subsequent Program payments to the same Sub-Accounts.
The DCA Plus program may credit a higher interest rate but it does not ensure a
profit or protect you against a loss in declining markets.
Hartford may limit the total number of DCA Programs and DCA Plus Programs to 5
Programs open at any one time.
We determine, in our sole discretion, the interest rates credited to the
Program. These interest rates may vary depending on the Contract you purchased.
Please consult your Registered Representative to determine the interest rate for
your Program.
You may elect to terminate the transfers by calling or writing us of your intent
to cancel enrollment in the Program. Upon cancellation, all the amounts
remaining in the Program will be immediately transferred to the Sub-Accounts you
selected for the Program unless you provide us with different instructions.
We may discontinue, modify or amend the Programs or any other interest rate
program we establish. Any change to a Program will not affect Contract Owners
currently enrolled in the Program.
If you make systematic transfers from the Fixed Accumulation Feature under a
Dollar Cost Averaging Program or DCA Plus Program, you must wait 6 months after
your last systematic transfer before moving Sub-Account Values back to the Fixed
Accumulation Feature.
THE CONTRACT
PURCHASES AND CONTRACT VALUE
WHAT TYPES OF CONTRACTS ARE AVAILABLE?
The Contract is an individual or group tax-deferred variable annuity contract.
It is designed for retirement planning purposes and may be purchased by any
individual, group or trust, including:
- - Any trustee or custodian for a retirement plan qualified under Sections
401(a) or 403(a) of the Code;
- - Individual Retirement Annuities adopted according to Section 408 of the
Code;
- - Employee pension plans established for employees by a state, a political
subdivision of a state, or an agency of either a state or a political
subdivision of a state, and
- - Certain eligible deferred compensation plans as defined in Section 457 of
the Code.
We will no longer accept additional Premium Payments into any individual annuity
contract funded through a 403(b) plan.
The examples above represent Qualified Contracts, as defined by the Code. In
addition, individuals and trusts can also purchase Contracts that are not part
of a tax qualified retirement plan. These are known as Non-Qualified Contracts.
If you are purchasing the Contract for use in an IRA or other qualified
retirement plan, you should consider other features of the Contract besides tax
deferral, since any investment vehicle used within an IRA or other qualified
plan receives tax-deferred treatment under the Code.
HOW DO I PURCHASE A CONTRACT?
This Contract is no longer available for new sales.
Premium Payments sent to us must be made in U.S. dollars and checks must be
drawn on U.S. banks. We do not accept cash, third party checks or double
endorsed checks. We reserve the right to limit the number of checks processed at
one time. If your check does not clear, your purchase will be cancelled and you
could be liable for any losses or fees incurred. A check must clear our account
through our Administrative Office to be considered to be in good order.
Premium Payments may not exceed $1 million without our prior approval. We
reserve the right to impose special conditions on anyone who seeks our approval
to exceed this limit.
You and your Annuitant must not be older than age 85 on the date that your
Contract is issued. You must be of minimum legal age in the state where the
Contract is being purchased or a guardian must act on your behalf. Optional
riders are subject to additional maximum issue age restrictions.
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UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 15
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HOW ARE PREMIUM PAYMENTS APPLIED TO MY CONTRACT?
Your initial Premium Payment will be invested within two Valuation Days of our
receipt of both a properly completed application order request and the Premium
Payment. If we receive your subsequent Premium Payment before the close of the
New York Stock Exchange, it will be priced on the same Valuation Day. If we
receive your Premium Payment after the close of the New York Stock Exchange, it
will be invested on the next Valuation Day. If we receive your subsequent
Premium Payment on a Non-Valuation Day, the amount will be invested on the next
Valuation Day. Unless we receive new instructions, we will invest the Premium
Payment based on your last allocation instructions on record. We will send you a
confirmation when we invest your Premium Payment.
If the request or other information accompanying the initial Premium Payment is
incomplete when received, we will hold the money in a non-interest bearing
account for up to five Valuation Days (from the Valuation Day that we actually
receive your initial Premium Payment at our Administrative Office together with
the Premium Payment) while we try to obtain complete information. If we cannot
obtain the information within five Valuation Days, we will either return the
Premium Payment and explain why the Premium Payment could not be processed or
keep the Premium Payment if you authorize us to keep it until you provide the
necessary information.
CAN I CANCEL MY CONTRACT AFTER I PURCHASE IT?
If, for any reason, you are not satisfied with your Contract, simply return it
within ten days after you receive it with a written request for cancellation
that indicates your tax-withholding instructions. In some states, you may be
allowed more time to cancel your Contract. We may require additional
information, including a signature guarantee, before we can cancel your
Contract.
Unless otherwise required by state law, we will pay you your Contract Value as
of the Valuation Date we receive your request to cancel and will refund any
sales or contract charges incurred during the period you owned the Contract. The
Contract Value may be more or less than your Premium Payments depending upon the
investment performance of your Account. This means that you bear the risk of any
decline in your Contract Value until we receive your notice of cancellation. In
certain states, however, we are required to return your Premium Payment without
deduction for any fees or charges.
HOW IS THE VALUE OF MY CONTRACT CALCULATED BEFORE THE ANNUITY COMMENCEMENT DATE?
The Contract Value is the sum of all Accounts. There are two things that affect
your Sub-Account value: (1) the number of Accumulation Units and (2) the
Accumulation Unit Value. The Sub-Account value is determined by multiplying the
number of Accumulation Units by the Accumulation Unit Value. On any Valuation
Day your Contract Value reflects the investment performance of the Sub-Accounts
and will fluctuate with the performance of the underlying Funds.
When Premium Payments are credited to your Sub-Accounts, they are converted into
Accumulation Units by dividing the amount of your Premium Payments, minus any
Premium Taxes, by the Accumulation Unit Value for that day. The more Premium
Payments you make to your Contract, the more Accumulation Units you will own.
You decrease the number of Accumulation Units you have by requesting Surrenders,
transferring money out of an Account, settling a Death Benefit claim or by
annuitizing your Contract.
To determine the current Accumulation Unit Value, we take the prior Valuation
Day's Accumulation Unit Value and multiply it by the Net Investment Factor for
the current Valuation Day.
The Net Investment Factor is used to measure the investment performance of a
Sub-Account from one Valuation Day to the next. The Net Investment Factor for
each Sub-Account equals:
- - The net asset value per share plus applicable distributions per share of
each Fund at the end of the current Valuation Day divided by
- - The net asset value per share of each Fund at the end of the prior Valuation
Day; multiplied by
- - The daily expense factor for the mortality and expense risk charge adjusted
for the number of days in the period, and any other applicable charges.
We will send you a statement at least annually, which tells you how many
Accumulation Units you have, their value and your total Contract Value.
A Contract's Guarantee Period value is guaranteed by Union Security. We bear the
investment risk with respect to amounts allocated to a Guarantee Period, except
to the extent that (1) we may vary the guaranteed interest rate for future
Guarantee Periods (subject to the 3% effective annual minimum) and (2) the
Market Value Adjustment imposes investment risks on you. The Contract's
Guarantee Period value on any Valuation Date is the sum of its general account
values in each Guarantee Period on that date. The general account value in a
Guarantee Period is equal to the following amounts, in each case increased by
accrued interest at the applicable guaranteed interest rate:
- - The amount of Premium Payments or transferred amounts allocated to the
Guarantee Period; less
- - The amount of any transfers or Surrenders out of the Guarantee Period.
CAN I TRANSFER FROM ONE SUB-ACCOUNT TO ANOTHER?
You may make transfers between the Sub-Accounts offered in this Contract
according to our policies and procedures as amended from time to time.
WHAT IS A SUB-ACCOUNT TRANSFER?
A Sub-Account transfer is a transaction requested by you that involves
reallocating part or all of your Contract Value among the Funds available in
your Contract. Your transfer request will be processed as of the end of the
Valuation Day that it received is in good order. Otherwise, your request will be
processed on the following Valuation Day. We will send you a confirmation
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16 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
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when we process your transfer. You are responsible for verifying transfer
confirmations and promptly advising us of any errors within 30 days of receiving
the confirmation.
WHAT HAPPENS WHEN I REQUEST A SUB-ACCOUNT TRANSFER?
Many Contract Owners request Sub-Account transfers. Some request transfers into
(purchases) a particular Sub-Account, and others request transfers out of
(redemptions) a particular Sub-Account. In addition, some Contract Owners
allocate new Premium Payments to Sub-Accounts, and others request Surrenders. We
combine all the daily requests to transfer out of a Sub-Account along with all
Surrenders from that Sub-Account and determine how many shares of that Fund we
would need to sell to satisfy all Contract Owners' "transfer-out" requests. At
the same time, we also combine all the daily requests to transfer into a
particular Sub-Account or new Premium Payments allocated to that Sub-Account and
determine how many shares of that Fund we would need to buy to satisfy all
Contract Owners' "transfer-in" requests.
In addition, many of the Funds that are available as investment options in our
variable annuity products are also available as investment options in variable
life insurance policies, retirement plans, funding agreements and other products
offered by us or our affiliates. Each day, investors and participants in these
other products engage in similar transfer transactions.
We take advantage of our size and available technology to combine sales of a
particular Fund for many of the variable annuities, variable life insurance
policies, retirement plans, funding agreements or other products offered by us
or our affiliates. We also combine many of the purchases of that particular Fund
for many of the products we offer. We then "net" these trades by offsetting
purchases against redemptions. Netting trades has no impact on the net asset
value of the Fund shares that you purchase or sell. This means that we sometimes
reallocate shares of a Fund rather than buy new shares or sell shares of the
Fund.
For example, if we combine all transfer-out (redemption) requests and Surrenders
of a stock Fund Sub-Account with all other sales of that Fund from all our other
products, we may have to sell $1 million dollars of that Fund on any particular
day. However, if other Contract Owners and the owners of other products offered
by us, want to transfer-in (purchase) an amount equal to $300,000 of that same
Fund, then we would send a sell order to the Fund for $700,000 (a $1 million
sell order minus the purchase order of $300,000) rather than making two or more
transactions.
WHAT RESTRICTIONS ARE THERE ON MY ABILITY TO MAKE A SUB-ACCOUNT TRANSFER?
FIRST, YOU MAY MAKE ONLY ONE SUB-ACCOUNT TRANSFER REQUEST EACH DAY. We limit
each Contract Owner to one Sub-Account transfer request each Valuation Day. We
count all Sub-Account transfer activity that occurs on any one Valuation Day as
one "Sub-Account transfer;" however, you cannot transfer the same Contract Value
more than once a Valuation Day.
EXAMPLES
<Table>
<Caption>
TRANSFER REQUEST PER VALUATION DAY PERMISSIBLE?
- --------------------------------------------------------------------------------
Transfer $10,000 from a money market Sub-Account to a growth Yes
Sub-Account
Transfer $10,000 from a money market Sub-Account to any number Yes
of other Sub-Accounts (dividing the $10,000 among the other
Sub-Accounts however you chose)
Transfer $10,000 from any number of different Sub-Accounts to Yes
any number of other Sub-Accounts
Transfer $10,000 from a money market Sub-Account to a growth No
Sub-Account and then, before the end of that same Valuation Day,
transfer the same $10,000 from the growth Sub-Account to an
international Sub-Account
</Table>
SECOND, YOU ARE ALLOWED TO SUBMIT A TOTAL OF 20 SUB-ACCOUNT TRANSFERS EACH
CONTRACT YEAR (THE "TRANSFER RULE") BY U.S. MAIL, VOICE RESPONSE UNIT, INTERNET
OR TELEPHONE. Once you have reached the maximum number of Sub-Account transfers,
you may only submit any additional Sub-Account transfer requests and any trade
cancellation requests in writing through U.S. Mail or overnight delivery
service. In other words, Voice Response Unit, Internet or telephone transfer
requests will not be honored. We may, but are not obligated to, notify you when
you are in jeopardy of approaching these limits. For example, we will send you a
letter after your 10th Sub-Account transfer to remind you about the Transfer
Rule. After your 20th transfer request, our computer system will not allow you
to do another Sub-Account transfer by telephone, Voice Response Unit or via the
Internet. You will then be instructed to send your Sub-Account transfer request
by U.S. Mail or overnight delivery service.
We reserve the right to aggregate your Contracts (whether currently existing or
those recently surrendered) for the purposes of enforcing these restrictions.
The Transfer Rule does not apply to Sub-Account transfers that occur
automatically as part of a Company-sponsored asset allocation or Dollar Cost
Averaging program. Reallocations made based on a Fund merger, substitution or
liquidation also do not count toward this transfer limit. Restrictions may vary
based on state law.
We make no assurances that the Transfer Rule is or will be effective in
detecting or preventing market timing.
THIRD, POLICIES HAVE BEEN DESIGNED TO RESTRICT EXCESSIVE SUB-ACCOUNT
TRANSFERS. You should not purchase this Contract if you want to make frequent
Sub-Account transfers for any reason. In particular, don't purchase this
Contract if you plan to engage in "market timing," which includes frequent
transfer activity into and out of the same Fund, or frequent Sub-Account
transfers in order to exploit any inefficiencies in the pricing of a Fund. Even
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UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 17
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if you do not engage in market timing, certain restrictions may be imposed on
you, as discussed below:
Generally, you are subject to Fund trading policies, if any. We are obligated to
provide, at the Fund's request, tax identification numbers and other shareholder
identifying information contained in our records to assist Funds in identifying
any pattern or frequency of Sub-Account transfers that may violate their trading
policy. In certain instances, we have agreed to serve as a Fund's agent to help
monitor compliance with that Fund's trading policy.
We are obligated to follow each Fund's instructions regarding enforcement of
their trading policy. Penalties for violating these policies may include, among
other things, temporarily or permanently limiting or banning you from making
Sub-Account transfers into a Fund or other funds within that fund complex. We
are not authorized to grant exceptions to a Fund's trading policy. Please refer
to each Fund's prospectus for more information. Transactions that cannot be
processed because of Fund trading policies will be considered not in good order.
In certain circumstances, fund trading policies do not apply or may be limited.
For instance:
- - Certain types of financial intermediaries may not be required to provide us
with shareholder information.
- - "Excepted funds" such as money market funds and any Fund that affirmatively
permits short-term trading of its securities may opt not to adopt this type
of policy. This type of policy may not apply to any financial intermediary
that a Fund treats as a single investor.
- - A Fund can decide to exempt categories of contract holders whose contracts
are subject to inconsistent trading restrictions or none at all.
- - Non-shareholder initiated purchases or redemptions may not always be
monitored. These include Sub-Account transfers that are executed: (i)
automatically pursuant to a company- sponsored contractual or systematic
program such as transfers of assets as a result of "dollar cost averaging"
programs, asset allocation programs, automatic rebalancing programs, annuity
payouts, loans, or systematic withdrawal programs; (ii) as a result of the
payment of a Death Benefit; (iii) as a step-up in Contract Value pursuant to
a Contract Death Benefit or guaranteed minimum withdrawal benefit; (iv) as a
result of any deduction of charges or fees under a Contract; or (v) as a
result of payments such as loan repayments, scheduled contributions,
scheduled withdrawals or surrenders, retirement plan salary reduction
contributions, or planned premium payments.
POSSIBILITY OF UNDETECTED ABUSIVE TRADING OR MARKET TIMING. We may not be able
to detect or prevent all abusive trading or market timing activities. For
instance,
- - Since we net all the purchases and redemptions for a particular Fund for
this and many of our other products, transfers by any specific market timer
could be inadvertently overlooked.
- - Certain forms of variable annuities and types of Funds may be attractive to
market timers. We cannot provide assurances that we will be capable of
addressing possible abuses in a timely manner.
- - These policies apply only to individuals and entities that own this Contract
or have the right to make transfers (regardless of whether requests are made
by you or anyone else acting on your behalf). However, the Funds that make
up the Sub-Accounts of this Contract are also available for use with many
different variable life insurance policies, variable annuity products and
funding agreements, and are offered directly to certain qualified retirement
plans. Some of these products and plans may have less restrictive transfer
rules or no transfer restrictions at all.
- - In some cases, we were unable to count the number of Sub-Account transfers
requested by group annuity participants co-investing in the same Funds
("Participants") or enforce the Transfer Rule because we do not keep
Participants' account records for a Contract. In those cases, the
Participant account records and Participant Sub-Account transfer information
are kept by such owners or its third party service provider. These owners
and third party service providers may provide us with limited information or
no information at all regarding Participant Sub-Account transfers.
HOW AM I AFFECTED BY FREQUENT SUB-ACCOUNT TRANSFERS?
We are not responsible for losses or lost investment opportunities associated
with the effectuation of these policies. Frequent Sub-Account transfers may
result in the dilution of the value of the outstanding securities issued by a
Fund as a result of increased transaction costs and lost investment
opportunities typically associated with maintaining greater cash positions. This
can adversely impact Fund performance and, as a result, the performance of your
Contract. This may also lower the Death Benefit paid to your Beneficiary or
lower Annuity Payouts for your Payee as well as reduce value of other optional
benefits available under your Contract.
Separate Account investors could be prevented from purchasing Fund shares if we
reach an impasse on the execution of a Fund's trading instructions. In other
words, a Fund complex could refuse to allow new purchases of shares by all our
variable product investors if the Fund and we cannot reach a mutually acceptable
agreement on how to treat an investor who, in a Fund's opinion, has violated the
Fund's trading policy.
In some cases, we do not have the tax identification number or other identifying
information requested by a Fund in our records. In those cases, we rely on the
Contract Owner to provide the information. If the Contract Owner does not
provide the information, we may be directed by the Fund to restrict the Contract
Owner from further purchases of Fund shares. In those cases, all participants
under a plan funded by the Contract will also be precluded from further
purchases of Fund shares.
FIXED ACCUMULATION FEATURE TRANSFERS -- During each contract year during the
Accumulation Period, you may make
<Page>
18 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
- -------------------------------------------------------------------------------
transfers out of the Fixed Accumulation Feature to Sub-Account. The transfers
must be for $500 or more. All transfer allocations must be in whole numbers
(e.g. 1%). You may transfer either:
- - 50% of your total amount in the Fixed Accumulation Feature, unless the
balance is less than $1000, then you may transfer the entire amount, or
- - An amount equal to the largest previous transfer.
FIXED ACCUMULATION FEATURE TRANSFER RESTRICTIONS -- We reserve the right to
defer transfers from the Fixed Accumulation Feature for up to 6 months from the
date of your request. After any transfer, you must wait 6 months before moving
Sub-Account Values back to the Fixed Accumulation Feature. After the Annuity
Commencement Date, you may not make transfers from the Fixed Accumulation
Feature.
POWER OF ATTORNEY -- You may authorize another person to make transfers on your
behalf by submitting a completed power of attorney form. Once we have the
completed form on file, we will accept transfer instructions from your
designated third party, subject to any transfer restrictions in place, until we
receive new instructions in writing from you. You will not be able to make
transfers or other changes to your Contract if you have authorized someone else
to act under a power of attorney.
CHARGES AND FEES
The following charges and fees are associated with the Contract:
MORTALITY AND EXPENSE RISK CHARGE
For assuming mortality and expense risks under the Contract, we deduct a daily
charge at an annual rate of 0.45% of Sub-Account Value. The mortality and
expense risk charge is broken into charges for mortality risks and for an
expense risk:
- - MORTALITY RISK -- There are two types of mortality risks that we assume,
those made while your Premium Payments are accumulating and those made once
Annuity Payouts have begun.
During the period your Premium Payments are accumulating, we are required to
cover any difference between the Death Benefit paid and the Surrender Value.
These differences may occur during periods of declining value or in periods
where the Contingent Deferred Sales Charges would have been applicable. The risk
that we bear during this period is that actual mortality rates, in aggregate,
may exceed expected mortality rates.
Once Annuity Payouts have begun, we may be required to make Annuity Payouts as
long as the Annuitant is living, regardless of how long the Annuitant lives. The
risk that we bear during this period is that the actual mortality rates, in
aggregate, may be lower than the expected mortality rates.
- - EXPENSE RISK -- We also bear an expense risk that the Contingent Deferred
Sales Charges and the Annual Maintenance Fee collected before the Annuity
Commencement Date may not be enough to cover the actual cost of selling,
distributing and administering the Contract.
Although variable Annuity Payouts will fluctuate with the performance of the
underlying Fund selected, your Annuity Payouts will not be affected by (a) the
actual mortality experience of our Annuitants, or (b) our actual expenses if
they are greater than the deductions stated in the Contract. Because we cannot
be certain how long our Annuitants will live, we charge this percentage fee
based on the mortality tables currently in use. The mortality and expense risk
charge enables us to keep our commitments and to pay you as planned.
ANNUAL MAINTENANCE FEE
The Annual Maintenance Fee is a flat fee that is deducted from your Contract
Value to reimburse us for expenses relating to the administrative maintenance of
the Contract and the Accounts. The annual $30 charge is deducted on a Contract
Anniversary or when the Contract is fully Surrendered if the Contract Value at
either of those times is less than $50,000. The charge is deducted
proportionately from each Account in which you are invested.
WHEN IS THE ANNUAL MAINTENANCE FEE WAIVED?
We will waive the Annual Maintenance Fee if your Contract Value is $50,000 or
more on your Contract Anniversary or when you fully Surrender your Contract. We
reserve the right to waive the Annual Maintenance Fee under certain other
conditions.
PREMIUM TAXES
We deduct Premium Taxes, if required, by a state or other government agency.
Some states collect the taxes when Premium Payments are made; others collect at
Annuitization. Since we pay Premium Taxes when they are required by applicable
law, we may deduct them from your Contract when we pay the taxes, upon
Surrender, or on the Annuity Commencement Date. The Premium Tax rate varies by
state or municipality and currently ranges from 0% - 3.5%.
CHARGES AGAINST THE FUNDS
The Separate Account purchases shares of the Funds at net asset value. The net
asset value of the Fund shares reflects investment advisory fees and
administrative expenses already deducted from the assets of the Funds. These
charges are described in the Fund prospectuses.
DEATH BENEFIT
WHAT IS THE DEATH BENEFIT AND HOW IS IT CALCULATED?
The Death Benefit is the amount we will pay if the Contract Owner dies before we
begin to make Annuity Payouts. The Death Benefit is calculated when we receive a
certified death certificate or other legal document acceptable to us along with
complete instructions from all beneficiaries on how to pay the death benefit.
Until we receive proof of death and the completed instructions from the
Beneficiary, the Death Benefit will remain invested in the same Accounts,
according to the Contract Owner's last
<Page>
UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 19
- -------------------------------------------------------------------------------
instructions. Therefore, the Death Benefit amount will fluctuate with the
performance of the underlying Funds. When there is more than one Beneficiary, we
will calculate the Accumulation Units for each Sub-Account for each
Beneficiary's portion of the proceeds.
If death occurs before the Annuity Commencement Date, the Death Benefit is the
greater of:
- - The total Premium Payments you have made to us minus any partial Surrenders
and any applicable negative Market Value Adjustment; or
- - The Contract Value of your Contract.
HOW IS THE DEATH BENEFIT PAID?
The Death Benefit may be taken in one lump sum or under any of the Annuity
Payout Options then being offered by us. On the date we receive proof of death
and complete instructions from the Beneficiary, we will compute the Death
Benefit to be paid out or applied to a selected Annuity Payout Option. When
there is more than one Beneficiary, we will calculate the Death Benefit amount
for each Beneficiary's portion of the proceeds and then pay it out or apply it
to a selected Annuity Payout Option according to each Beneficiary's
instructions. If we receive the complete instructions on a Non-Valuation Day,
computations will take place on the next Valuation Day.
If your Beneficiary elects to receive the Death Benefit amount as a lump sum
payment, we may transfer that amount to our General Account and issue the
Beneficiary a draftbook. The Beneficiary can write one draft for the total
payment of the Death Benefit, or keep the money in the General Account and write
drafts as needed. We will credit interest at a rate determined periodically in
our sole discretion. For Federal income tax purposes, the Beneficiary will be
deemed to have received the lump sum payment on transfer of the Death Benefit
amount to the General Account. The interest will be taxable in the tax year that
it is credited. If the Beneficiary resides or the Contract was purchased in a
state that imposes restrictions on this method of lump sum payment, we may issue
a check to the Beneficiary.
The Beneficiary may elect, under the Annuity Proceeds Settlement Option, "Death
Benefit Remaining with the Company," to leave proceeds from the Death Benefit
with us for up to five years from the date of death if the death occurred before
the Annuity Commencement Date. Once we receive a certified death certificate or
other legal document acceptable to us, the Beneficiary can: (a) make Sub-Account
transfers and (b) take Surrenders.
The Beneficiary of a non-qualified Contract or IRA may also elect the Single
Life Expectancy Only option. This option allows the Beneficiary to take the
Death Benefit invested in a series of payments spread over a period equal to the
Beneficiary's remaining life expectancy. Distributions are calculated based on
IRS life expectancy tables. This option is subject to different limitations and
conditions depending on whether the Contract is non-qualified or an IRA.
REQUIRED DISTRIBUTIONS -- If the Contract Owner dies before the Annuity
Commencement Date, the Death Benefit must be distributed within five years after
death, or be distributed under a distribution option or Annuity Payout Option
that satisfies the Alternatives to the Required Distributions described below.
If the Contract Owner dies on or after the Annuity Commencement Date under an
Annuity Payout Option that permits the Beneficiary to elect to continue Annuity
Payouts or receive the Commuted Value, any remaining value must be distributed
at least as rapidly as under the payment method being used as of the Contract
Owner's death.
If the Contract Owner is not an individual (e.g. a trust), then the original
Annuitant will be treated as the Contract Owner in the situations described
above and any change in the original Annuitant will be treated as the death of
the Contract Owner.
WHAT SHOULD THE BENEFICIARY CONSIDER?
ALTERNATIVES TO THE REQUIRED DISTRIBUTIONS -- The selection of an Annuity Payout
Option and the timing of the selection will have an impact on the tax treatment
of the Death Benefit. To receive favorable tax treatment, the Annuity Payout
Option selected: (a) cannot extend beyond the Beneficiary's life or life
expectancy, and (b) must begin within one year of the date of death.
If these conditions are NOT met, the Death Benefit will be treated as a lump sum
payment for tax purposes. This sum will be taxable in the year in which it is
considered received.
SPOUSAL CONTRACT CONTINUATION -- If the Contract Owner dies and the Beneficiary
is the Contract Owner's spouse, the Beneficiary may elect to continue the
Contract as the Contract Owner, receive the death benefit in one lump sum
payment or elect an Annuity Payout Option. If the Contract continues with the
spouse as Contract Owner, we will adjust the Contract Value to the amount that
we would have paid as the Death Benefit payment, had the spouse elected to
receive the Death Benefit as a lump sum payment. Spousal Contract Continuation
will only apply one time for each Contract.
SURRENDERS
WHAT KINDS OF SURRENDERS ARE AVAILABLE?
FULL SURRENDERS BEFORE THE ANNUITY COMMENCEMENT DATE -- When you Surrender your
Contract before the Annuity Commencement Date and while the Annuitant is living,
the Surrender Value of the Contract will be made in a lump sum payment. The
Surrender Value is the Contract Value minus any applicable Market Value
Adjustment and Premium Taxes. The Surrender Value may be more or less than the
amount of the Premium Payments made to a Contract.
PARTIAL SURRENDERS BEFORE THE ANNUITY COMMENCEMENT DATE -- You may request a
partial Surrender of Contract Values at any time before the Annuity Commencement
Date and while the Annuitant is living. There are two restrictions:
- - The partial Surrender amount must be at least equal to $1,000, our current
minimum for partial Surrenders, and
<Page>
20 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
- -------------------------------------------------------------------------------
- - The Contract must have a minimum Contract Value of $1,000 after the
Surrender. We reserve the right to close your Contract and pay the full
Surrender Value if the Contract Value is under the minimum after the
Surrender. The minimum Contract Value in Texas must be $1,000 after the
Surrender with no Premium Payments made during the prior two Contract Years.
HOW DO I REQUEST A SURRENDER?
Requests for full Surrenders must be in writing. Requests for partial Surrenders
can be made in writing or by telephone. We will send your money within seven
days of receiving complete instructions. However, we may postpone payment of
Surrenders whenever: (a) the New York Stock Exchange is closed, (b) trading on
the New York Stock Exchange is restricted by the SEC, (c) the SEC permits and
orders postponement, or (d) the SEC determines that an emergency exists to
restrict valuation.
WRITTEN REQUESTS -- To request a full or partial Surrender, complete a Surrender
Form or send us a letter, signed by you, stating:
- - the dollar amount that you want to receive, either before or after we
withhold taxes and deduct for any applicable charges,
- - your tax withholding amount or percentage, if any, and
- - your mailing address.
If there are joint Contract Owners, both must authorize all Surrenders. For a
partial Surrender, specify the Accounts that you want your Surrender to come
from, otherwise, the Surrender will be taken in proportion to the value in each
Account.
TELEPHONE REQUESTS -- To request a partial Surrender by telephone, we must have
received your completed Telephone Redemption Program Enrollment Form. If there
are joint Contract Owners, both must sign this form. By signing the form, you
authorize us to accept telephone instructions for partial Surrenders from either
Contract Owner. Telephone authorization will remain in effect until we receive a
written cancellation notice from you or your joint Contract Owner, we
discontinue the program; or you are no longer the owner of the Contract. There
are some restrictions on telephone surrenders, please call us with any
questions.
We may record telephone calls and use other procedures to verify information and
confirm that instructions are genuine. We will not be liable for losses or
expenses arising from telephone instructions reasonably believed to be genuine.
WE MAY MODIFY THE REQUIREMENTS FOR TELEPHONE REDEMPTIONS AT ANY TIME.
Telephone Surrender instructions received before the close of the New York Stock
Exchange will be processed on that Valuation Day. Otherwise, your request will
be processed on the next Valuation Day.
COMPLETING A POWER OF ATTORNEY FORM FOR ANOTHER PERSON TO ACT ON YOUR BEHALF MAY
PREVENT YOU FROM MAKING SURRENDERS VIA TELEPHONE.
WHAT SHOULD BE CONSIDERED ABOUT TAXES?
There are certain tax consequences associated with Surrenders:
PRIOR TO AGE 59 1/2 -- If you make a Surrender prior to age 59 1/2, there may be
adverse tax consequences including a 10% federal income tax penalty on the
taxable portion of the Surrender payment. Surrendering before age 59 1/2 may
also affect the continuing tax-qualified status of some Contracts.
WE DO NOT MONITOR SURRENDER REQUESTS. TO DETERMINE WHETHER A SURRENDER IS
PERMISSIBLE, WITH OR WITHOUT FEDERAL INCOME TAX PENALTY, PLEASE CONSULT YOUR
PERSONAL TAX ADVISER.
MORE THAN ONE CONTRACT ISSUED IN THE SAME CALENDAR YEAR -- If you own more than
one contract issued by us or our affiliates in the same calendar year, then
these contracts may be treated as one contract for the purpose of determining
the taxation of distributions prior to the Annuity Commencement Date. Please
consult your tax adviser for additional information.
INTERNAL REVENUE CODE SECTION 403(b) ANNUITIES -- As of December 31, 1988, all
section 403(b) annuities have limits on full and partial Surrenders.
Contributions to your Contract made after December 31, 1988 and any increases in
cash value after December 31, 1988 may not be distributed unless you are: (a)
age 59 1/2, (b) no longer employed, (c) deceased, (d) disabled, or (e)
experiencing a financial hardship (cash value increases may not be distributed
for hardships prior to age 59 1/2). Distributions prior to age 59 1/2 due to
financial hardship; unemployment or retirement may still be subject to a penalty
tax of 10%.
We will no longer accept any incoming 403(b) exchanges or applications for
403(b) individual annuity contracts.
WE ENCOURAGE YOU TO CONSULT WITH YOUR QUALIFIED TAX ADVISER BEFORE MAKING ANY
SURRENDERS. PLEASE SEE THE "FEDERAL TAX CONSIDERATIONS" SECTION FOR MORE
INFORMATION.
ANNUITY PAYOUTS
THIS SECTION DESCRIBES WHAT HAPPENS WHEN WE BEGIN TO MAKE REGULAR ANNUITY
PAYOUTS FROM YOUR CONTRACT. YOU, AS THE CONTRACT OWNER, SHOULD ANSWER FIVE
QUESTIONS:
- - When do you want Annuity Payouts to begin?
- - Which Annuity Payout Option do you want to use?
- - How often do you want to receive Annuity Payouts?
- - What level of Assumed Investment Return should you choose?
<Page>
UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 21
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- - Do you want Annuity Payouts to be fixed or variable or a combination?
Please check with your Registered Representative to select the Annuity Payout
Option that best meets your income needs.
1. WHEN DO YOU WANT ANNUITY PAYOUTS TO BEGIN?
You select an Annuity Commencement Date when you purchase your Contract or at
any time before you begin receiving Annuity Payouts. You may change the Annuity
Commencement Date by notifying us within thirty days prior to the date. The
Annuity Commencement Date cannot be deferred beyond the Annuitant's 91st
birthday. The date you select may have tax consequences, so please check with a
qualified tax advisor. If this Contract is issued to the trustee of a Charitable
Remainder Trust, the Annuity Commencement Date may be deferred to the
Annuitant's 100th birthday.
The Annuity Calculation Date is when the amount of your Annuity Payout is
determined. This occurs within five Valuation Days before your selected Annuity
Commencement Date.
All Annuity Payouts, regardless of frequency, will occur on the same day of the
month as the Annuity Commencement Date. After the initial payout, if an Annuity
Payout date falls on a Non-Valuation Day, the Annuity Payout is computed on the
prior Valuation Day. If the Annuity Payout date does not occur in a given month
due to a leap year or months with only 28 days (i.e. the 31st), the Annuity
Payout will be computed on the last Valuation Day of the month.
2. WHICH ANNUITY PAYOUT OPTION DO YOU WANT TO USE?
Your Contract contains the Annuity Payout Options described below. The Annuity
Proceeds Settlement Option is an option that can be elected by the Beneficiary
and is described in the "Death Benefit" section. We may at times offer other
Annuity Payout Options. Once we begin to make Annuity Payouts, the Annuity
Payout Option cannot be changed.
LIFE ANNUITY
We make Annuity Payouts as long as the Annuitant is living. When the Annuitant
dies, we stop making Annuity Payouts. A Payee would receive only one Annuity
Payout if the Annuitant dies after the first payout, two Annuity Payouts if the
Annuitant dies after the second payout, and so forth.
LIFE ANNUITY WITH PAYMENTS GUARANTEED FOR 10 OR 20 YEARS
We will make Annuity Payouts as long as the Annuitant is living, but we at least
guarantee to make Annuity Payouts for a time period you select either 10 or 20
years. If the Annuitant dies before the guaranteed number of years have passed,
then the Beneficiary may elect to continue Annuity Payouts for the remainder of
the guaranteed number of years.
JOINT AND FULL SURVIVOR ANNUITY
We will make Annuity Payouts as long as the Annuitant and Joint Annuitant are
living. When one Annuitant dies, we continue to make Annuity Payouts to the
Contract Owner until that second Annuitant dies.
JOINT AND 1/2 CONTINGENT SURVIVOR ANNUITY
We make Payouts as long as both the Annuitant and Joint Annuitant are alive. If
the Annuitant dies first, we will make Payouts equal to 1/2 the original payout.
If the Joint Annuitant dies first, we will continue to make Payouts at the full
amount.
We may offer other Annuity Payout Options available.
- - YOU CANNOT SURRENDER YOUR CONTRACT ONCE ANNUITY PAYOUTS BEGIN.
- - For Qualified Contracts, if you elect an Annuity Payout Option with a Period
Certain, the guaranteed number of years must be less than the life
expectancy of the Annuitant at the time the Annuity Payouts begin. We
compute life expectancy using the IRS mortality tables.
- - AUTOMATIC ANNUITY PAYOUTS -- If you do not elect an Annuity Payout Option,
Annuity Payouts will automatically begin on the Annuity Commencement Date
under the Life Annuity with Payments for a Period Certain Annuity Payout
Option with a ten-year period certain. Automatic Annuity Payouts will be
fixed dollar amount Annuity Payouts, variable dollar amount Annuity Payouts,
or a combination of fixed or variable dollar amount Annuity Payouts,
depending on the investment allocation of your Account in effect on the
Annuity Commencement Date.
3. HOW OFTEN DO YOU WANT THE PAYEE TO RECEIVE ANNUITY PAYOUTS?
In addition to selecting an Annuity Commencement Date and an Annuity Payout
Option, you must also decide how often you want the Payee to receive Annuity
Payouts. You may choose to receive Annuity Payouts:
- - monthly,
- - quarterly,
- - semiannually, or
- - annually.
Once you select a frequency, it cannot be changed. If you do not make a
selection, the Payee will receive monthly Annuity Payouts. You must select a
frequency that results in an Annuity Payout of at least $50. If the amount falls
below $50, we have the right to change the frequency to bring the Annuity Payout
up to at least $50.
4. WHAT IS THE ASSUMED INVESTMENT RETURN?
The Assumed Investment Return ("AIR") is the investment return before we start
to make Annuity Payouts. It is a critical assumption for calculating variable
dollar amount Annuity Payouts. The first Annuity Payout will be based upon the
AIR. The remaining Annuity Payouts will fluctuate based on the performance of
the underlying Funds. The AIR for this Contract is 3%.
For example, if the Sub-Accounts earned exactly the same as the AIR, then the
second monthly Annuity Payout Option is the same as the first. If the
Sub-Accounts earned more than the AIR, then the second monthly Annuity Payout
Option is higher than the first. If the Sub-Accounts earned less than the AIR,
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22 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
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then the second monthly Annuity Payout Option is lower than the first.
Level variable dollar Annuity Payouts would be produced if the investment
returns remained constant and equal to the AIR. In fact, Annuity Payouts will
vary up or down as the investment rate varies up or down from the AIR.
5. DO YOU WANT FIXED DOLLAR AMOUNT OR VARIABLE DOLLAR AMOUNT ANNUITY PAYOUTS
OR A COMBINATION OF BOTH?
You may choose an Annuity Payout Option with fixed dollar amounts, variable
dollar amounts or a combination depending on your income needs.
FIXED DOLLAR AMOUNT ANNUITY PAYOUTS -- Once a fixed dollar amount Annuity Payout
begins, you cannot change your selection to receive variable dollar amount
Annuity Payout. You will receive equal fixed dollar amount Annuity Payouts
throughout the Annuity Payout period. Fixed dollar amount Annuity Payout amounts
are determined by multiplying the Contract Value, minus any applicable Premium
Taxes, by an annuity rate. The annuity rate is set by us and is not less than
the rate specified in the fixed dollar amount Annuity Payout Option tables in
your Contract.
VARIABLE DOLLAR AMOUNT ANNUITY PAYOUTS -- A variable dollar amount Annuity
Payout is based on the investment performance of the Sub-Accounts. The variable
dollar amount Annuity Payouts may fluctuate with the performance of the
underlying Funds. To begin making variable dollar amount Annuity Payouts, we
convert the first Annuity Payout amount to a set number of Annuity Units and
then price those units to determine the Annuity Payout amount. The number of
Annuity Units that determines the Annuity Payout amount remains fixed unless you
transfer units between Sub-Accounts.
The dollar amount of the first variable Annuity Payout depends on:
- - the Annuity Payout Option chosen,
- - the Annuitant's attained age and gender (if applicable), and,
- - the applicable annuity purchase rates based on the 1983a Individual Annuity
Mortality table
- - the Assumed Investment Return
The total amount of the first variable dollar amount Annuity Payout is
determined by dividing the Contract Value minus any applicable Premium Taxes, by
$1,000 and multiplying the result by the payment factor defined in the Contract
for the selected Annuity Payout Option.
The dollar amount of each subsequent variable dollar amount Annuity Payout is
equal to the total of Annuity Units for each Sub-Account multiplied by Annuity
Unit Value for each Sub-Account.
The Annuity Unit Value of each Sub-Account for any Valuation Period is equal to
the Accumulation Unit Value Net Investment Factor for the current Valuation
Period multiplied by the Annuity Unit Factor, multiplied by the Annuity Unit
Value for the preceding Valuation Period. The Annuity Unit Factor for a 3% AIR
is 0.999919%.
COMBINATION ANNUITY PAYOUTS -- You may choose to receive a combination of fixed
dollar amount and variable dollar amount annuity payouts as long as they total
100% of your Annuity Payout. For example, you may choose to receive 40% fixed
dollar amount and 60% variable dollar amount to meet your income needs.
Combination Annuity Payouts are not available during the first two Contract
Years.
TRANSFER OF ANNUITY UNITS -- After the Annuity Calculation Date, you may
transfer dollar amounts of Annuity Units from one Sub-Account to another four
times per year. On the day you make a transfer, the dollar amounts are equal for
both Sub-Accounts and the number of Annuity Units will be different. We will
transfer the dollar amount of your Annuity Units the day we receive your written
request if received before the close of the New York Stock Exchange. Otherwise,
the transfer will be made on the next Valuation Day. All Sub-Account transfers
must comply with our Sub-Account transfer restriction policies. For more
information on Sub-Account restrictions, please see the sub-section entitled
"Can I transfer from one Sub-Account to another?" under the section entitled
"The Contract."
OTHER PROGRAMS AVAILABLE
We may discontinue, modify or amend any of these Programs or any other programs
we establish. Any changes to a Program will not affect Contract Owners currently
enrolled in the Program. If you are enrolled in any of these programs while a
Fund merger, substitution or liquidation takes place, unless otherwise noted in
any communication from us, your Contract Value invested in such underlying Fund
will be transferred automatically to the designated surviving Fund in the case
of mergers and any available Money Market Fund in the case of Fund liquidations.
Your enrollment instructions will be automatically updated to reflect the
surviving Fund or a Money Market Fund for any continued and future investments.
INVESTEASE(R) -- InvestEase, which was formerly called "PAC," is an electronic
transfer program that allows you to have money automatically transferred from
your checking or savings account, and invested in your Contract. It is available
for Premium Payments made after your initial Premium Payment. The minimum amount
for each transfer is $50. You can elect to have transfers occur either monthly
or quarterly, and they can be made into any Account available in your Contract
excluding the DCA Plus Programs.
AUTOMATIC INCOME PROGRAM -- The Automatic Income Program allows you to Surrender
a percentage of your total Premium Payments each Contract Year. You can
Surrender from the Accounts you select systematically on a monthly,
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UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 23
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quarterly, semiannual, or annual basis. Please see Federal Tax Considerations
and Information Regarding Tax-Qualified Retirement Plans for more information
regarding the tax consequences associated with your Contract.
STATIC ASSET ALLOCATION MODELS
This feature allows you to select an asset allocation model of Funds based on
several potential factors including your risk tolerance, time horizon,
investment objectives, or your preference to invest in certain funds or fund
families. Based on these factors, you can select one of several asset allocation
models, with each specifying percentage allocations among various Funds
available under your Contract. Asset allocation models can be based on generally
accepted investment theories that take into account the historic returns of
different asset classes (e.g., equities, bonds or cash) over different time
periods, or can be based on certain potential investment strategies that could
possibly be achieved by investing in particular funds or fund families and are
not based on such investment theories.
If you choose to participate in one of these asset allocation models, you must
invest all of your Premium Payment into one model. You may invest in an asset
allocation model through the Dollar Cost Averaging Program where the Fixed
Accumulation Feature, or a Dollar Cost Averaging Plus Program is the source of
the assets to be invested in the asset allocation model you have chosen. You can
also participate in these asset allocation models while enrolled in the
Automatic Income Program.
You may participate in only one asset allocation model at a time. Asset
allocation models cannot be combined with other asset allocation models or with
individual sub-account elections. You can switch asset allocation models up to
twelve times per year. Your ability to elect or switch into and between asset
allocation models may be restricted based on fund abusive trading restrictions.
Your investments in an asset allocation model will be rebalanced quarterly to
reflect the model's original percentages.
We have no discretionary authority or control over your investment decisions.
These asset allocation models are based on then available Funds and do not
include the Fixed Accumulation Feature. We make available educational
information and materials (e.g., risk tolerance questionnaire, pie charts,
graphs, or case studies) that can help you select an asset allocation model, but
we do not recommend asset allocation models or otherwise provide advice as to
what asset allocation model may be appropriate for you.
While we will not alter allocation percentages used in any asset allocation
model, allocation weightings could be affected by mergers, liquidations, fund
substitutions or closures. Individual availability of these models is subject to
fund company restrictions. Please refer to WHAT RESTRICTIONS ARE THERE ON YOUR
ABILITY TO MAKE A SUB-ACCOUNT TRANSFER? for more information.
You will not be provided with information regarding periodic updates to the
Funds and allocation percentages in the asset allocation models, and we will not
reallocate your Account Value based on those updates. Information on updated
asset allocation models may be obtained by contacting your Registered
Representative. If you wish to update your asset allocation model, you may do so
by terminating your existing model and re-enrolling into a new one. Investment
alternatives other than these asset allocation models are available that may
enable you to invest your Contract Value with similar risk and return
characteristics. When considering an asset allocation model for your individual
situation, you should consider your other assets, income and investments in
addition to this annuity.
- - Asset Rebalancing
In asset rebalancing, you select a portfolio of Funds, and we will rebalance
your assets at the specified frequency to reflect the original allocation
percentages you selected. You can choose how much of your Contract Value you
want to invest in this program. You can also combine this program with others
such as the Automatic Income Program and Dollar Cost Averaging Program (subject
to restrictions). You may designate only one set of asset allocation
instructions at a time.
- - Dollar Cost Averaging
We offer three dollar cost averaging programs:
- DCA Plus
- Fixed Amount DCA
- Earnings/Interest DCA
DOLLAR COST AVERAGING PROGRAMS -- We currently offer two different types of
Dollar Cost Averaging Programs in addition to the DCA Plus Program. If you
enroll, you may select either the Fixed Amount DCA Program or the
Earnings/Interest DCA Program. The Fixed Amount DCA Program allows you to
regularly transfer an amount you select from the Fixed Accumulation Feature or
any Fund into a different Fund. The Earnings/Interest DCA Program allows you to
regularly transfer the interest from the Fixed Accumulation Feature or the
earnings from one Fund into a different Fund. For either Program, you may select
transfers on a monthly or quarterly basis, but you must at least make three
transfers during the Program. The Fixed Amount DCA Program begins at the end of
the length of the transfer period you selected plus two business days. That
means if you select a monthly transfer, your Earnings/Interest DCA Program will
begin one month plus two business days after your enrollment.
OTHER PROGRAM CONSIDERATIONS
- - You may terminate your enrollment in any Program (other than Dollar Cost
Averaging Programs) at any time.
- - We may discontinue, modify or amend any of these Programs at any time. We
will automatically and unilaterally amend your enrollment instructions if:
- any Fund is merged or substituted into another Fund -- then your
allocations will be directed to the surviving Fund;
- any Fund is liquidated -- then your allocations will be directed to
any available money market Fund.
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24 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
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You may always provide us with updated instructions following any of these
events.
- - Continuous or periodic investment neither insures a profit nor protects
against a loss in declining markets. Because these Programs involve
continuous investing regardless of fluctuating price levels, you should
carefully consider your ability to continue investing through periods of
fluctuating prices.
- - If you make systematic transfers from the Fixed Accumulation Feature under a
Dollar Cost Averaging Program or DCA Plus Program, you must wait 6 months
after your last systematic transfer before moving Sub-Account Values back to
the Fixed Accumulation Feature.
- - We make available educational information and materials (e.g., pie charts,
graphs, or case studies) that can help you select a model portfolio, but we
do not recommend models or otherwise provide advice as to what model
portfolio may be appropriate for you.
- - Asset allocation does not guarantee that your Contract Value will increase
nor will it protect against a decline if market prices fall. If you choose
to participate in an asset allocation program, you are responsible for
determining which model portfolio is best for you. Tools used to assess your
risk tolerance may not be accurate and could be useless if your
circumstances change over time. Although each model portfolio is intended to
maximize returns given various levels of risk tolerance, a model portfolio
may not perform as intended. Market, asset class or allocation option class
performance may differ in the future from historical performance and from
the assumptions upon which the model portfolio is based, which could cause a
model portfolio to be ineffective or less effective in reducing volatility.
A model portfolio may perform better or worse than any single Fund,
allocation option or any other combination of Funds or allocation options.
In addition, the timing of your investment and automatic rebalancing may
affect performance. Quarterly rebalancing and periodic updating of model
portfolios can cause their component Funds to incur transactional expenses
to raise cash for money flowing out of Funds or to buy securities with money
flowing into the Funds. Moreover, large outflows of money from the Funds may
increase the expenses attributable to the assets remaining in the Funds.
These expenses can adversely affect the performance of the relevant Funds
and of the model portfolios. In addition, these inflows and outflows may
cause a Fund to hold a large portion of its assets in cash, which could
detract from the achievement of the Fund's investment objective,
particularly in periods of rising market prices. For additional information
regarding the risks of investing in a particular fund, see that Fund's
prospectus.
- - Additional considerations apply for qualified Contracts with respect to
Static Asset Allocation Model programs. Neither we, nor any third party
service provider, nor any of their respective affiliates, is acting as a
fiduciary under The Employee Retirement Income Security Act of 1974, as
amended (ERISA) or the Code, in providing any information or other
communication contemplated by any Program, including, without limitation,
any model portfolios. That information and communications are not intended,
and may not serve as a primary basis for your investment decisions with
respect to your participation in a Program. Before choosing to participate
in a Program, you must determine that you are capable of exercising control
and management of the assets of the plan and of making an independent and
informed decision concerning your participation in the Program. Also, you
are solely responsible for determining whether and to what extent the
Program is appropriate for you and the assets contained in the qualified
Contract. Qualified Contracts are subject to additional rules regarding
participation in these Programs. It is your responsibility to ensure
compliance of any recommendation in connection with any model portfolio with
governing plan documents.
- - These Programs may be adversely affected by Fund trading policies.
OTHER INFORMATION
ASSIGNMENT -- A Non-Qualified Contract may be assigned. We must be properly
notified in writing of an assignment. Any Annuity Payouts or Surrenders
requested or scheduled before we record an assignment will be made according to
the instructions we have on record. We are not responsible for determining the
validity of an assignment. Assigning a Non-Qualified Contract may require the
payment of income taxes and certain penalty taxes. Please consult a qualified
tax adviser before assigning your Contract.
A Qualified Contract may not be transferred or otherwise assigned, unless
allowed by applicable law.
CONTRACT MODIFICATION -- The Annuitant may not be changed. However, if the
Annuitant is still living, the Contingent Annuitant may be changed at any time
prior to the Annuity Commencement Date by sending us written notice.
We may modify the Contract, but no modification will affect the amount or term
of any Contract unless a modification is required to conform the Contract to
applicable federal or state law. No modification will effect the method by which
Contract Values are determined.
HOW CONTRACTS ARE SOLD -- Woodbury Financial Services ("WFS") serves as
principal underwriter for the Contracts. WFS is registered with the Securities
and Exchange Commission under the Securities Exchange Act of 1934 as a
broker-dealer and is a member of Financial Industry Regulatory Authority
(FINRA). The principal business address of WFS is 500 Bielenberg Drive,
Woodbury, MN 55125.
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UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 25
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Contracts will be sold by individuals who have been appointed by us as insurance
agents and who are registered representatives of broker-dealers that have
entered into selling agreements with Woodbury. We generally bear the expenses of
providing services pursuant to Contracts, including the payment of expenses
relating to the distribution of prospectuses for sales purposes as well as any
advertising or sales literature (provided, however, we may offset some or all of
these expenses by, among other things, administrative service fees received from
Fund complexes).
Commissions -- We pay compensation to broker-dealers, financial institutions and
other affiliated broker-dealers ("Financial Intermediaries") for the sale of the
Contracts according to selling agreements with Financial Intermediaries.
Affiliated broker-dealers also employ wholesalers in the sales process.
Wholesalers typically receive commissions based on the type of Contract or
optional benefits sold. Commissions are based on a specified amount of Premium
Payments or Contract Value. Your Registered Representative may be compensated on
a fee for services and/or commission basis.
We pay an up-front commission of up to 7% of your Contract Value at the time of
sale to the Financial Intermediary that your Registered Representative is
associated with. Your Registered Representative's Financial Intermediary may
also receive on-going or trail commissions of generally not more than 1% of your
Contract Value. Registered Representatives may have multiple options on how they
wish to allocate their commissions and/or compensation. Compensation paid to
your Registered Representative may also vary depending on the particular
arrangements between your Registered Representative and their Financial
Intermediary. We are not involved in determining your Registered
Representative's compensation. You are encouraged to ask your Registered
Representative about the basis upon which he or she will be personally
compensated for the advice or recommendations provided in connection with this
transaction.
Additional Payments -- In addition to commissions and any Rule 12b-1 fees, we or
our affiliates pay significant additional compensation ("Additional Payments")
to some Financial Intermediaries (who may or may not be affiliates), in
connection with the promotion, sale and distribution of our variable annuities.
Additional Payments are generally based on average net assets (or on aged
assets) of the Contracts attributable to a particular Financial Intermediary; on
sales of the Contracts attributable to a particular Financial Intermediary
and/or on reimbursement of sales expenses. Additional Payments may take the form
of, among other things: (1) sponsorship of due diligence meetings to educate
Financial Intermediaries about our variable products; (2) payments for providing
training and information relating to our variable products; (3) expense
allowances and reimbursements; (4) override payments and bonuses; (5) personnel
education or training; (6) marketing support fees (or allowances) for providing
assistance in promoting the sale of our variable products; and/or (7)
shareholder services, including sub-accounting and the preparation of account
statements and other communications.
We are among several insurance companies that pay Additional Payments to certain
Financial Intermediaries to receive "preferred" or recommended status. These
privileges include our ability to gain additional or special access to sales
staff, provide and/or attend training and other conferences; placement of our
products on customer lists ("shelf-space arrangements"); and otherwise improve
sales by featuring our products over others. We also may pay Additional Payments
to certain key Financial Intermediaries based on assets under management.
Consistent with FINRA Conduct Rules, we provide cash and non-cash compensation
in the form of: (1) occasional meals and entertainment; (2) occasional tickets
to sporting events; (3) nominal gifts (not to exceed $100 annually); (4)
sponsorship of sales contests and/or promotions in which participants receive
prizes such as travel awards, merchandise and recognition; (5) sponsorship of
training and educational events; and/or (6) due diligence meetings. In addition
to FINRA rules governing limitations on these payments, we also follow our
guidelines and those of Financial Intermediaries which may be more restrictive
than FINRA rules.
Additional Payments create a potential conflict of interest in the form of an
additional financial incentive to the Registered Representative and/or Financial
Intermediary to recommend the purchase of this Contract over another variable
annuity or another investment option. For the fiscal year ended December 31,
2008,
As of December 31, 2008, we have entered into arrangements to make Additional
Payments (excluding Marketing Expense Allowances) to the following Financial
Intermediaries:
AIG Advisors Group, Inc., (Advantage Capital, AIG Financial Advisors, American
General, FSC Securities Corporation, Royal Alliance Assoc., Inc.) and Woodbury
Financial Services Inc.
Inclusion on this list does not imply that these sums necessarily constitute
"special cash compensation" as defined by FINRA Conduct Rule 2830(l)(4). We will
endeavor to update this listing annually and interim arrangements may not be
reflected. We assume no duty to notify any investor whether their Registered
Representative is or should be included in any such listing.
For the fiscal year ended December 31, 2008, Additional Payments did not in the
aggregate exceed approximately $640 thousand (excluding corporate-sponsorship
related perquisites) or approximately 0.04% based on average assets.
INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
The financial statements of Union Security Life Insurance Company of New York as
of December 31, 2008 and 2007 and for each of the three years in the period
ended December 31, 2008 included in this Registration Statement have been
audited by PricewaterhouseCoopers LLP and are included in reliance on the report
of PricewaterhouseCoopers LLP, an independent registered public accounting firm,
given on the authority of said firm as experts in auditing and accounting. The
business address of PricewaterhouseCoopers LLP is 300 Madison Avenue, New York,
NY 10017.
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26 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
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LEGAL PROCEEDINGS
We are regularly involved in litigation in the ordinary course of business, both
as a defendant and as a plaintiff. We may from time to time be subject to a
variety of legal and regulatory actions relating to our current and past
business operations. While we cannot predict the outcome of any pending or
future litigation, examination, or investigation and although no assurances can
be given, we do no believe that any pending matter will have a material adverse
effect on our financial condition or results of operations.
The validity of the securities offered in this prospectus is being passed upon
for us by Alston & Bird LLP, Washington, DC.
MORE INFORMATION
You may call your Registered Representative if you have any questions or write
or call us at the address below:
P.O. Box 5085
Hartford, Connecticut 06102-5085
Telephone: 1-800-862-6668 (Contract Owners)
1-800-862-7155 (Registered Representatives)
FINANCIAL STATEMENTS
You can find financial statements of the Separate Account and Union Security in
the Statement of Additional Information. To receive a copy of the Statement of
Additional Information free of charge, call your representative or complete the
form at the end of this prospectus and mail the form to us at the address
indicated on the form.
As of May 1, 2009, Union Security intends to rely on the exemption provided by
Rule 12h-7 under the Securities Exchange Act of 1934, as amended, and
accordingly does not intend to file with the U.S. Securities Exchange Commission
annual reports on Form 10-K, quarterly reports on Form 10-Q, current reports on
Form 8-K, or any other reports under such Act.
FEDERAL TAX CONSIDERATIONS
A. INTRODUCTION
The following summary of tax rules does not provide or constitute any tax
advice. It provides only a general discussion of certain of the expected federal
income tax consequences with respect to amounts contributed to, invested in or
received from a Contract, based on our understanding of the existing provisions
of the Internal Revenue Code ("Code"), Treasury Regulations thereunder, and
public interpretations thereof by the IRS (e.g., Revenue Rulings, Revenue
Procedures or Notices) or by published court decisions. This summary discusses
only certain federal income tax consequences to United States Persons, and does
not discuss state, local or foreign tax consequences. The term United States
Persons means citizens or residents of the United States, domestic corporations,
domestic partnerships, trust or estates that are subject to United States
federal income tax, regardless of the source of their income. See "Annuity
Purchases by Nonresident Aliens and Foreign Corporations," regarding annuity
purchases by non-U.S. Persons or residents.
This summary has been prepared by us after consultation with tax counsel, but no
opinion of tax counsel has been obtained. We do not make any guarantee or
representation regarding any tax status (e.g., federal, state, local or foreign)
of any Contract or any transaction involving a Contract. In addition, there is
always a possibility that the tax treatment of an annuity contract could change
by legislation or other means (such as regulations, rulings or judicial
decisions). Moreover, it is always possible that any such change in tax
treatment could be made retroactive (that is, made effective prior to the date
of the change). Accordingly, you should consult a qualified tax adviser for
complete information and advice before purchasing a Contract.
In addition, although this discussion addresses certain tax consequences if you
use the Contract in various arrangements, including Charitable Remainder Trusts,
tax-qualified retirement arrangements, deferred compensation plans, split-dollar
insurance arrangements, or other employee benefit arrangements, this discussion
is not exhaustive. The tax consequences of any such arrangement may vary
depending on the particular facts and circumstances of each individual
arrangement and whether the arrangement satisfies certain tax qualification or
classification requirements. In addition, the tax rules affecting such an
arrangement may have changed recently, e.g., by legislation or regulations that
affect compensatory or employee benefit arrangements. Therefore, if you are
contemplating the use of a Contract in any arrangement the value of which to you
depends in part on its tax consequences, you should consult a qualified tax
adviser regarding the tax treatment of the proposed arrangement and of any
Contract used in it.
THE DISCUSSION SET FORTH BELOW IS INCLUDED FOR GENERAL PURPOSES ONLY. SPECIAL
TAX RULES MAY APPLY WITH RESPECT TO CERTAIN SITUATIONS THAT ARE NOT DISCUSSED
HEREIN. EACH POTENTIAL PURCHASER OF A CONTRACT IS ADVISED TO CONSULT WITH A
QUALIFIED TAX ADVISER AS TO THE CONSEQUENCES OF ANY AMOUNTS INVESTED IN A
CONTRACT UNDER APPLICABLE FEDERAL, STATE, LOCAL OR FOREIGN TAX LAW.
B. TAXATION OF THE COMPANY AND THE SEPARATE ACCOUNT
The Separate Account is taxed as part of the Company which is taxed as a life
insurance company under Subchapter L of Chapter 1 of the Code. Accordingly, the
Separate Account will not be taxed as a "regulated investment company" under
Subchapter M of Chapter 1 of the Code. Investment income and any realized
capital gains on assets of the Separate Account are reinvested and taken into
account in determining the value of the Accumulation and Annuity Units. As a
result, such investment income and realized capital gains are automatically
applied to increase reserves under the Contract.
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UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 27
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Currently, no taxes are due on interest, dividends and short-term or long-term
capital gain earned by the Separate Account with respect to the Contracts. The
Company is entitled to certain tax benefits related to the investment of company
assets, including assets of the Separate Account. These tax benefits, which may
include the foreign tax credit and the corporate dividends received deduction,
are not passed back to you since the Company is the owner of the assets from
which the tax benefits are derived.
C. TAXATION OF ANNUITIES -- GENERAL PROVISIONS AFFECTING CONTRACTS NOT HELD IN
TAX-QUALIFIED RETIREMENT PLANS
Section 72 of the Code governs the taxation of annuities in general.
1. NON-NATURAL PERSONS AS OWNERS
Pursuant to Code Section 72(u), an annuity contract held by a taxpayer other
than a natural person generally is not treated as an annuity contract under the
Code. Instead, such a non-natural Contract Owner generally could be required to
include in gross income currently for each taxable year the excess of (a) the
sum of the Contract Value as of the close of the taxable year and all previous
distributions under the Contract over (b) the sum of net premiums paid for the
taxable year and any prior taxable year and the amount includable in gross
income for any prior taxable year with respect to the Contract under Section
72(u). However, Section 72(u) does not apply to:
- - A contract the nominal owner of which is a non-natural person but the
beneficial owner of which is a natural person (e.g., where the non-natural
owner holds the contract as an agent for the natural person),
- - A contract acquired by the estate of a decedent by reason of such decedent's
death,
- - Certain contracts acquired with respect to tax-qualified retirement
arrangements,
- - Certain contracts held in structured settlement arrangements that may
qualify under Code Section 130, or
- - A single premium immediate annuity contract under Code Section 72(u)(4),
which provides for substantially equal periodic payments and an annuity
starting date that is no later than 1 year from the date of the contract's
purchase.
A non-natural Contract Owner that is a tax-exempt entity for federal tax
purposes (e.g., a tax-qualified retirement trust or a Charitable Remainder
Trust) generally would not be subject to federal income tax as a result of such
current gross income under Code Section 72(u). However, such a tax-exempt
entity, or any annuity contract that it holds, may need to satisfy certain tax
requirements in order to maintain its qualification for such favorable tax
treatment. See, e.g., IRS Tech. Adv. Memo. 9825001 for certain Charitable
Remainder Trusts.
Pursuant to Code Section 72(s), if the Contract Owner is a non-natural person,
the primary annuitant is treated as the "holder" in applying the required
distribution rules described below. These rules require that certain
distributions be made upon the death of a "holder." In addition, for a
non-natural owner, a change in the primary annuitant is treated as the death of
the "holder." However, the provisions of Code Section 72(s) do not apply to
certain contracts held in tax-qualified retirement arrangements or structured
settlement arrangements.
2. OTHER CONTRACT OWNERS (NATURAL PERSONS).
A Contract Owner is not taxed on increases in the value of the Contract until an
amount is received or deemed received, e.g., in the form of a lump sum payment
(full or partial value of a Contract) or as Annuity payments under the
settlement option elected.
The provisions of Section 72 of the Code concerning distributions are summarized
briefly below. Also summarized are special rules affecting distributions from
Contracts obtained in a tax-free exchange for other annuity contracts or life
insurance contracts which were purchased prior to August 14, 1982.
a. DISTRIBUTIONS PRIOR TO THE ANNUITY COMMENCEMENT DATE.
i. Total premium payments less amounts received which were not includable in
gross income equal the "investment in the contract" under Section 72 of the
Code.
ii. To the extent that the value of the Contract (ignoring any surrender
charges except on a full surrender) exceeds the "investment in the
contract," such excess constitutes the "income on the contract." It is
unclear what value should be used in determining the "income on the
contract." We believe that the current Contract Value (determined without
regard to surrender charges) generally is an appropriate measure. However,
in some instances the IRS could take the position that the value should be
the current Contract Value (determined without regard to surrender charges)
increased by some measure of the value of certain future cash-value type
benefits.
iii. Any amount received or deemed received prior to the Annuity Commencement
Date (e.g., upon a withdrawal or partial surrender) is deemed to come
first from any such "income on the contract" and then from "investment in
the contract," and for these purposes such "income on the contract" shall
be computed by reference to any aggregation rule in subparagraph 2.c.
below. As a result, any such amount received or deemed received (1) shall
be includable in gross income to the extent that such amount does not
exceed any such "income on the contract," and (2) shall not be includable
in gross income to the extent that such amount does exceed any such
"income on the contract." If at the time that any amount is received or
deemed received there is no "income on the contract" (e.g., because the
gross value of the Contract does not exceed the "investment in the
contract" and no aggregation rule applies), then such amount received or
deemed received will not be
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28 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
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includable in gross income, and will simply reduce the "investment in the
contract."
iv. The receipt of any amount as a loan under the Contract or the assignment or
pledge of any portion of the value of the Contract shall be treated as an
amount received for purposes of this subparagraph a. and the next
subparagraph b.
v. In general, the transfer of the Contract, without full and adequate
consideration, will be treated as an amount received for purposes of this
subparagraph a. and the next subparagraph b. This transfer rule does not
apply, however, to certain transfers of property between Spouses or
incident to divorce.
vi. In general, any amount actually received under the Contract as a Death
Benefit, including an optional Death Benefit, if any, will be treated as an
amount received for purposes of this subparagraph a. and the next
subparagraph b.
b. DISTRIBUTIONS AFTER ANNUITY COMMENCEMENT DATE.
Annuity payments made periodically after the Annuity Commencement Date are
includable in gross income to the extent the payments exceed the amount
determined by the application of the ratio of the "investment in the contract"
to the total amount of the payments to be made after the Annuity Commencement
Date (the "exclusion ratio").
i. When the total of amounts excluded from income by application of the
exclusion ratio is equal to the investment in the contract as of the
Annuity Commencement Date, any additional payments (including surrenders)
will be entirely includable in gross income.
ii. If the annuity payments cease by reason of the death of the Annuitant and,
as of the date of death, the amount of annuity payments excluded from gross
income by the exclusion ratio does not exceed the investment in the
contract as of the Annuity Commencement Date, then the remaining portion of
unrecovered investment shall be allowed as a deduction for the last taxable
year of the Annuitant.
iii. Generally, non-periodic amounts received or deemed received after the
Annuity Commencement Date are not entitled to any exclusion ratio and
shall be fully includable in gross income. However, upon a full surrender
after such date, only the excess of the amount received (after any
surrender charge) over the remaining "investment in the contract" shall be
includable in gross income (except to the extent that the aggregation rule
referred to in the next subparagraph c. may apply).
c. AGGREGATION OF TWO OR MORE ANNUITY CONTRACTS.
Contracts issued after October 21, 1988 by the same insurer (or affiliated
insurer) to the same owner within the same calendar year (other than certain
contracts held in connection with tax-qualified retirement arrangements) will be
aggregated and treated as one annuity contract for the purpose of determining
the taxation of distributions prior to the Annuity Commencement Date. An annuity
contract received in a tax-free exchange for another annuity contract or life
insurance contract may be treated as a new contract for this purpose. We believe
that for any Contracts subject to such aggregation, the values under the
Contracts and the investment in the contracts will be added together to
determine the taxation under subparagraph 2.a., above, of amounts received or
deemed received prior to the Annuity Commencement Date. Withdrawals will first
be treated first as withdrawals of income until all of the income from all such
Contracts is withdrawn. In addition, the Treasury Department has specific
authority under the aggregation rules in Code Section 72(e)(12) to issue
regulations to prevent the avoidance of the income-out-first rules for
non-periodic distributions through the serial purchase of annuity contracts or
otherwise. As of the date of this prospectus, there are no regulations
interpreting these aggregation provisions.
d. 10% PENALTY TAX -- APPLICABLE TO CERTAIN WITHDRAWALS AND ANNUITY
PAYMENTS.
i. If any amount is received or deemed received on the Contract (before or
after the Annuity Commencement Date), the Code applies a penalty tax equal
to ten percent of the portion of the amount includable in gross income,
unless an exception applies.
ii. The 10% penalty tax will not apply to the following distributions:
1. Distributions made on or after the date the recipient has attained
the age of 59 1/2.
2. Distributions made on or after the death of the holder or where the
holder is not an individual, the death of the primary annuitant.
3. Distributions attributable to a recipient's becoming disabled.
4. A distribution that is part of a scheduled series of substantially
equal periodic payments (not less frequently than annually) for the
life (or life expectancy) of the recipient (or the joint lives or
life expectancies of the recipient and the recipient's designated
Beneficiary).
5. Distributions made under certain annuities issued in connection with
structured settlement agreements.
6. Distributions of amounts which are allocable to the "investment in
the contract" prior to August 14, 1982 (see next subparagraph e.).
7. Distributions purchased by an employer upon termination of certain
qualified plans and held by the employer until the employee
separates from service.
If the taxpayer avoids this 10% penalty tax by qualifying for the substantially
equal periodic payments exception and later such series of payments is modified
(other than by death or disability), the 10% penalty tax will be applied
retroactively to all the prior periodic payments (i.e., penalty tax plus
interest thereon),
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unless such modification is made after both (a) the taxpayer has reached age 59
1/2 and (b) 5 years have elapsed since the first of these periodic payments.
e. SPECIAL PROVISIONS AFFECTING CONTRACTS OBTAINED THROUGH A TAX-FREE
EXCHANGE OF OTHER ANNUITY OR LIFE INSURANCE CONTRACTS PURCHASED
PRIOR TO AUGUST 14, 1982.
If the Contract was obtained by a tax-free exchange of a life insurance or
annuity Contract purchased prior to August 14, 1982, then any amount received or
deemed received prior to the Annuity Commencement Date shall be deemed to come
(1) first from the amount of the "investment in the contract" prior to August
14, 1982 ("pre-8/14/82 investment") carried over from the prior Contract, (2)
then from the portion of the "income on the contract" (carried over to, as well
as accumulating in, the successor Contract) that is attributable to such
pre-8/14/82 investment, (3) then from the remaining "income on the contract" and
(4) last from the remaining "investment in the contract." As a result, to the
extent that such amount received or deemed received does not exceed such
pre-8/14/82 investment, such amount is not includable in gross income. In
addition, to the extent that such amount received or deemed received does not
exceed the sum of (a) such pre-8/14/82 investment and (b) the "income on the
contract" attributable thereto, such amount is not subject to the 10% penalty
tax. In all other respects, amounts received or deemed received from such
post-exchange Contracts are generally subject to the rules described in this
subparagraph e.
f. REQUIRED DISTRIBUTIONS
i. Death of Contract Owner or Primary Annuitant
Subject to the alternative election or Spouse beneficiary provisions in ii
or iii below:
1. If any Contract Owner dies on or after the Annuity Commencement Date
and before the entire interest in the Contract has been distributed,
the remaining portion of such interest shall be distributed at least
as rapidly as under the method of distribution being used as of the
date of such death;
2. If any Contract Owner dies before the Annuity Commencement Date, the
entire interest in the Contract shall be distributed within 5 years
after such death; and
3. If the Contract Owner is not an individual, then for purposes of 1.
or 2. above, the primary annuitant under the Contract shall be
treated as the Contract Owner, and any change in the primary
annuitant shall be treated as the death of the Contract Owner. The
primary annuitant is the individual, the events in the life of whom
are of primary importance in affecting the timing or amount of the
payout under the Contract.
ii. Alternative Election to Satisfy Distribution Requirements
If any portion of the interest of a Contract Owner described in i. above
is payable to or for the benefit of a designated beneficiary, such
beneficiary may elect to have the portion distributed over a period that
does not extend beyond the life or life expectancy of the beneficiary.
Such distributions must begin within a year of the Contract Owner's death.
iii. Spouse Beneficiary
If any portion of the interest of a Contract Owner is payable to or for
the benefit of his or her Spouse, and the Annuitant or Contingent
Annuitant is living, such Spouse shall be treated as the Contract Owner of
such portion for purposes of section i. above. This spousal contract
continuation shall apply only once for this Contract.
iv. Civil Union or Domestic Partner
Upon the death of the Contract Owner prior to the Annuity Commencement
Date, if the designated beneficiary is the surviving civil union or
domestic partner of the Contract Owner pursuant to a civil union or
domestic partnership recognized under state law, then such designated
beneficiary's right to continue the Contract as the succeeding Contract
Owner will be contingent, among other things, upon the treatment of such
designated beneficiary as the spouse of the Contract Owner under Code
Section 72(s) (or any successor provision). Currently, Federal tax law
only recognizes spouses if they are married individuals of the opposite
sex. Consequently, such designated beneficiary who is not recognized as a
"spouse" under Federal tax law will not be able to continue the Contract
and the entire interest in the Contract must be distributed within five
years of the Contract Owner's death or under the Alternative Election.
g. ADDITION OF RIDER OR MATERIAL CHANGE.
The addition of a rider to the Contract, or a material change in the Contract's
provisions, could cause it to be considered newly issued or entered into for tax
purposes, and thus could cause the Contract to lose certain grandfathered tax
status. Please contact your tax adviser for more information.
h. PARTIAL EXCHANGES.
The IRS in Rev. Rul. 2003-76 confirmed that the owner of an annuity contract can
direct its insurer to transfer a portion of the contract's cash value directly
to another annuity contract (issued by the same insurer or by a different
insurer), and such a direct transfer can qualify for tax-free exchange treatment
under Code Section 1035 (a "partial exchange"). However, Rev. Rul. 2003-76 also
refers to caveats and additional guidance in the companion Notice 2003-51, which
discusses cases in which a partial exchange is followed by a surrender,
withdrawal or other distribution from either the old contract or the new
contract. Notice 2003-51 specifically indicates that the IRS is considering (1)
under what circumstances it should treat a partial exchange followed by such a
distribution within 24 months as presumptively for "tax avoidance" purposes
(e.g., to avoid the income-out-first rules on amounts received under Code
Section 72) and (2) what circumstances it should treat as rebutting such a
presumption (e.g., death, disability, reaching
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30 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
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age 59 1/2, divorce or loss of employment). Notice 2003-51 was superseded by
Revenue Procedure 2008-24, effective for partial exchanges completed on or after
June 30, 2008. Partial exchanges completed on or after this date will qualify
for tax free treatment if: (1) no amounts are withdrawn from, or received in
surrender of, either of the contracts involved in the exchange during the 12
months beginning on the date on which amounts are treated as received as
premiums or other consideration paid for the contract received in the exchange
(the date of transfer); or (2) the taxpayer demonstrates that certain conditions
(e.g., death, disability, reaching age 59 1/2, divorce, loss of employment)
occurred between the date of transfer and the date of the withdrawal or
surrender. A transfer within the scope of the revenue procedure, but not treated
as a tax-free exchange, will be treated as a taxable distribution, followed by a
payment for a second contract. Two annuity contracts that are the subject of a
tax-free exchange pursuant to the revenue procedure will not be aggregated, even
if issued by the same insurance company. We advise you to consult with a
qualified tax adviser as to potential tax consequences before attempting any
partial exchange.
The applicability of the IRS's partial exchange guidance to the splitting of an
annuity contract is not clear. You should consult with a tax adviser if you plan
to split an annuity contract as part of an exchange of annuity contracts.
3. DIVERSIFICATION REQUIREMENTS.
The Code requires that investments supporting your Contract be adequately
diversified. Code Section 817(h) provides that a variable annuity contract will
not be treated as an annuity contract for any period during which the
investments made by the separate account or Fund are not adequately diversified.
If a contract is not treated as an annuity contract, the contract owner will be
subject to income tax on annual increases in cash value.
The Treasury Department's diversification regulations under Code Section 817(h)
require, among other things, that:
- - no more than 55% of the value of the total assets of the segregated asset
account underlying a variable contract is represented by any one investment,
- - no more than 70% is represented by any two investments,
- - no more than 80% is represented by any three investments and
- - no more than 90% is represented by any four investments.
In determining whether the diversification standards are met, all securities of
the same issuer, all interests in the same real property project, and all
interests in the same commodity are each treated as a single investment. In the
case of government securities, each government agency or instrumentality is
treated as a separate issuer.
A separate account must be in compliance with the diversification standards on
the last day of each calendar quarter or within 30 days after the quarter ends.
If an insurance company inadvertently fails to meet the diversification
requirements, the company may still comply within a reasonable period and avoid
the taxation of contract income on an ongoing basis. However, either the insurer
or the contract owner must agree to make adjustments or pay such amounts as may
be required by the IRS for the period during which the diversification
requirements were not met.
Fund shares may also be sold to tax-qualified plans pursuant to an exemptive
order and applicable tax laws. If Fund shares are sold to non-qualified plans,
or to tax-qualified plans that later lose their tax-qualified status, the
affected Funds may fail the diversification requirements of Code Section 817(h),
which could have adverse tax consequences for Contract Owners with premiums
allocated to affected Funds. In order to prevent a Fund diversification failure
from such an occurrence, the Company obtained a private letter ruling ("PLR")
from the IRS. As long as the Funds comply with certain terms and conditions
contained in the PLR, Fund diversification will not be prevented if purported
tax-qualified plans invest in the Funds. The Company and the Funds will monitor
the Funds' compliance with the terms and conditions contained in the PLR.
4. TAX OWNERSHIP OF THE ASSETS IN THE SEPARATE ACCOUNT.
In order for a variable annuity contract to qualify for tax income deferral,
assets in the separate account supporting the contract must be considered to be
owned by the insurance company, and not by the contract owner, for tax purposes.
The IRS has stated in published rulings that a variable contract owner will be
considered the "owner" of separate account assets for income tax purposes if the
contract owner possesses sufficient incidents of ownership in those assets, such
as the ability to exercise investment control over the assets. In circumstances
where the variable contract owner is treated as the "tax owner" of certain
separate account assets, income and gain from such assets would be includable in
the variable contract owner's gross income. The Treasury Department indicated in
1986 that it would provide guidance on the extent to which contract owners may
direct their investments to particular Sub-Accounts without being treated as tax
owners of the underlying shares. Although no such regulations have been issued
to date, the IRS has issued a number of rulings that indicate that this issue
remains subject to a facts and circumstances test for both variable annuity and
life insurance contracts.
Rev. Rul. 2003-92, amplified by Rev. Rul. 2007-7, statesindicates that, where
interests in a partnership offered in an insurer's separate account are not
available exclusively through the purchase of a variable insurance contract
(e.g., where such interests can be purchased directly by the general public or
others without going through such a variable contract), such "public
availability" means that such interests should be treated as owned directly by
the contract owner (and not by the insurer) for tax purposes, as if such
contract owner had chosen instead to purchase such interests directly (without
going through the variable contract). None of the shares or other interests in
the fund choices offered in our Separate Account
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for your Contract are available for purchase except through an insurer's
variable contracts or by other permitted entities.
Rev. Rul. 2003-91 indicates that an insurer could provide as many as 20 fund
choices for its variable contract owners (each with a general investment
strategy, e.g., a small company stock fund or a special industry fund) under
certain circumstances, without causing such a contract owner to be treated as
the tax owner of any of the Fund assets. The ruling does not specify the number
of fund options, if any, that might prevent a variable contract owner from
receiving favorable tax treatment. As a result, although the owner of a Contract
has more than 20 fund choices, we believe that any owner of a Contract also
should receive the same favorable tax treatment. However, there is necessarily
some uncertainty here as long as the IRS continues to use a facts and
circumstances test for investor control and other tax ownership issues.
Therefore, we reserve the right to modify the Contract as necessary to prevent
you from being treated as the tax owner of any underlying assets.
D. FEDERAL INCOME TAX WITHHOLDING
The portion of an amount received under a Contract that is taxable gross income
to the Payee is also subject to federal income tax withholding, pursuant to Code
Section 3405, which requires the following:
1. Non-Periodic Distributions. The portion of a non-periodic
distribution that is includable in gross income is subject to
federal income tax withholding unless an individual elects not to
have such tax withheld ("election out"). We will provide such an
"election out" form at the time such a distribution is requested. If
the necessary "election out" form is not submitted to us in a timely
manner, generally we are required to withhold 10 percent of the
includable amount of distribution and remit it to the IRS.
2. Periodic Distributions (payable over a period greater than one
year). The portion of a periodic distribution that is includable in
gross income is generally subject to federal income tax withholding
as if the Payee were a married individual claiming 3 exemptions,
unless the individual elects otherwise. An individual generally may
elect out of such withholding, or elect to have income tax withheld
at a different rate, by providing a completed election form. We will
provide such an election form at the time such a distribution is
requested. If the necessary "election out" forms are not submitted
to us in a timely manner, we are required to withhold tax as if the
recipient were married claiming 3 exemptions, and remit this amount
to the IRS.
Generally no "election out" is permitted if the distribution is delivered
outside the United States and any possession of the United States. Regardless of
any "election out" (or any amount of tax actually withheld) on an amount
received from a Contract, the Payee is generally liable for any failure to pay
the full amount of tax due on the includable portion of such amount received. A
Payee also may be required to pay penalties under estimated income tax rules, if
the withholding and estimated tax payments are insufficient to satisfy the
Payee's total tax liability.
E. GENERAL PROVISIONS AFFECTING QUALIFIED RETIREMENT PLANS
The Contract may be used for a number of qualified retirement plans. If the
Contract is being purchased with respect to some form of qualified retirement
plan, please refer to the section entitled "Information Regarding Tax-Qualified
Retirement Plans" for information relative to the types of plans for which it
may be used and the general explanation of the tax features of such plans.
F. ANNUITY PURCHASES BY NONRESIDENT ALIENS AND FOREIGN CORPORATIONS
The discussion above provides general information regarding U.S. federal income
tax consequences to annuity purchasers that are U.S. citizens or residents.
Purchasers that are not U.S. citizens or residents will generally be subject to
U.S. federal income tax and mandatory withholding on U.S. source taxable annuity
distributions at a 30% rate, unless a lower treaty rate applies and any required
tax forms are submitted to us. If withholding applies, we are required to
withhold tax at the 30% rate, or a lower treaty rate if applicable, and remit it
to the IRS. In addition, purchasers may be subject to state premium tax, other
state and/or municipal taxes, and taxes that may be imposed by the purchaser's
country of citizenship or residence.
G. ESTATE, GIFT AND GENERATION-SKIPPING TAX AND RELATED TAX CONSIDERATIONS
Any amount payable upon a Contract Owner's death, whether before or after the
Annuity Commencement Date, is generally includable in the Contract Owner's
estate for federal estate tax purposes. Similarly, prior to the Contract Owner's
death, the payment of any amount from the Contract, or the transfer of any
interest in the Contract, to a beneficiary or other person for less than
adequate consideration may have federal gift tax consequences. In addition, any
transfer to, or designation of, a non-Spouse beneficiary who either is (1) 37
1/2 or more years younger than a Contract Owner or (2) a grandchild (or more
remote further descendent) of a Contract Owner may have federal
generation-skipping-transfer ("GST") tax consequences under Code Section 2601.
Regulations under Code Section 2662 may require us to deduct any such GST tax
from your Contract, or from any applicable payment, and pay it directly to the
IRS. However, any federal estate, gift or GST tax payment with respect to a
Contract could produce an offsetting income tax deduction for a beneficiary or
transferee under Code Section 691(c) (partially offsetting such federal estate
or GST tax) or a basis increase for a beneficiary or transferee under Code
Section 691(c) or Section 1015(d). In addition, as indicated above in
"Distributions Prior to the Annuity Commencement Date," the transfer of a
Contract for less than adequate consideration during the Contract Owner's
lifetime generally is treated as producing an amount received by such Contract
Owner that is subject to both income tax and the 10% penalty tax. To the extent
that such an amount deemed
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32 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
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received causes an amount to be includable currently in such Contract Owner's
gross income, this same income amount could produce a corresponding increase in
such Contract Owner's tax basis for such Contract that is carried over to the
transferee's tax basis for such Contract under Code Section 72(e)(4)(C)(iii) and
Section 1015.
H. TAX DISCLOSURE OBLIGATIONS
In some instances certain transactions must be disclosed to the IRS or penalties
could apply. See, for example, IRS Notice 2004-67. The Code also requires
certain "material advisers" to maintain a list of persons participating in such
"reportable transactions," which list must be furnished to the IRS upon request.
It is possible that such disclosures could be required by The Company, the
Owner(s) or other persons involved in transactions involving annuity contracts.
It is the responsibility of each party, in consultation with their tax and legal
advisers, to determine whether the particular facts and circumstances warrant
such disclosures.
INFORMATION REGARDING TAX-QUALIFIED RETIREMENT PLANS
This summary does not attempt to provide more than general information about the
federal income tax rules associated with use of a Contract by a tax-qualified
retirement plan. State income tax rules applicable to tax-qualified retirement
plans often differ from federal income tax rules, and this summary does not
describe any of these differences. Because of the complexity of the tax rules,
owners, participants and beneficiaries are encouraged to consult their own tax
advisors as to specific tax consequences.
The Contracts are available to a variety of tax-qualified retirement plans and
arrangements (a "Qualified Plan" or "Plan"). Tax restrictions and consequences
for Contracts or accounts under each type of Qualified Plan differ from each
other and from those for Non-Qualified Contracts. In addition, individual
Qualified Plans may have terms and conditions that impose additional rules.
Therefore, no attempt is made herein to provide more than general information
about the use of the Contract with the various types of Qualified Plans.
Participants under such Qualified Plans, as well as Contract Owners, annuitants
and beneficiaries, are cautioned that the rights of any person to any benefits
under such Qualified Plans may be subject to terms and conditions of the Plans
themselves or limited by applicable law, regardless of the terms and conditions
of the Contract issued in connection therewith. Qualified Plans generally
provide for the tax deferral of income regardless of whether the Qualified Plan
invests in an annuity or other investment. You should consider if the Contract
is a suitable investment if you are investing through a Qualified Plan.
THE FOLLOWING IS ONLY A GENERAL DISCUSSION ABOUT TYPES OF QUALIFIED PLANS FOR
WHICH THE CONTRACTS MAY BE AVAILABLE. WE ARE NOT THE PLAN ADMINISTRATOR FOR ANY
QUALIFIED PLAN. THE PLAN ADMINISTRATOR OR CUSTODIAN, WHICHEVER IS APPLICABLE,
(BUT NOT US) IS RESPONSIBLE FOR ALL PLAN ADMINISTRATIVE DUTIES INCLUDING, BUT
NOT LIMITED TO, NOTIFICATION OF DISTRIBUTION OPTIONS, DISBURSEMENT OF PLAN
BENEFITS, HANDLING ANY PROCESSING AND ADMINISTRATION OF QUALIFIED PLAN LOANS,
COMPLIANCE WITH REGULATORY REQUIREMENTS AND FEDERAL AND STATE TAX REPORTING OF
INCOME/DISTRIBUTIONS FROM THE PLAN TO PLAN PARTICIPANTS AND, IF APPLICABLE,
BENEFICIARIES OF PLAN PARTICIPANTS AND IRA CONTRIBUTIONS FROM PLAN PARTICIPANTS.
OUR ADMINISTRATIVE DUTIES ARE LIMITED TO ADMINISTRATION OF THE CONTRACT AND ANY
DISBURSEMENTS OF ANY CONTRACT BENEFITS TO THE OWNER, ANNUITANT OR BENEFICIARY OF
THE CONTRACT, AS APPLICABLE. OUR TAX REPORTING RESPONSIBILITY IS LIMITED TO
FEDERAL AND STATE TAX REPORTING OF INCOME/DISTRIBUTIONS TO THE APPLICABLE PAYEE
AND IRA CONTRIBUTIONS FROM THE OWNER OF A CONTRACT, AS RECORDED ON OUR BOOKS AND
RECORDS. IF YOU ARE PURCHASING A CONTRACT THROUGH A QUALIFIED PLAN, YOU SHOULD
CONSULT WITH YOUR PLAN ADMINISTRATOR AND/OR A QUALIFIED TAX ADVISER. YOU ALSO
SHOULD CONSULT WITH A QUALIFIED TAX ADVISER AND/OR PLAN ADMINISTRATOR BEFORE YOU
WITHDRAW ANY PORTION OF YOUR CONTRACT VALUE.
The tax rules applicable to Qualified Contracts and Qualified Plans, including
restrictions on contributions and distributions, taxation of distributions and
tax penalties, vary according to the type of Qualified Plan, as well as the
terms and conditions of the Plan itself. Various tax penalties may apply to
contributions in excess of specified limits, plan distributions (including
loans) that do not comply with specified limits, and certain other transactions
relating to such Plans. Accordingly, this summary provides only general
information about the tax rules associated with use of a Qualified Contract in
such a Qualified Plan. In addition, some Qualified Plans are subject to
distribution and other requirements that are not incorporated into our
administrative procedures. Owners, participants, and beneficiaries are
responsible for determining that contributions, distributions and other
transactions comply with applicable tax (and non-tax) law and any applicable
Qualified Plan terms. Because of the complexity of these rules, Owners,
participants and beneficiaries are advised to consult with a qualified tax
adviser as to specific tax consequences.
We do not currently offer the Contracts in connection with all of the types of
Qualified Plans discussed below, and may not offer the Contracts for all types
of Qualified Plans in the future.
1. INDIVIDUAL RETIREMENT ANNUITIES ("IRAS").
In addition to "traditional" IRAs governed by Code Sections 408(a) and (b)
("Traditional IRAs"), there are Roth IRAs governed by Code Section 408A, SEP
IRAs governed by Code Section 408(k), and SIMPLE IRAs governed by Code Section
408(p). Also, Qualified Plans under Code Section 401, 403(b) or 457(b) that
include after-tax employee contributions may be treated as deemed IRAs subject
to the same rules and limitations as Traditional IRAs. Contributions to each of
these types of IRAs are subject to differing limitations. The following is a
very general description of each type of IRA for which a Contract is available.
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a. TRADITIONAL IRAS
Traditional IRAs are subject to limits on the amounts that may be contributed
each year, the persons who may be eligible, and the time when minimum
distributions must begin. Depending upon the circumstances of the individual,
contributions to a Traditional IRA may be made on a deductible or non-deductible
basis. Failure to make required minimum distributions ("RMDs") when the Owner
reaches age 70 1/2 or dies, as described below, may result in imposition of a
50% penalty tax on any excess of the RMD amount over the amount actually
distributed. In addition, any amount received before the Owner reaches age 59
1/2 or dies is subject to a 10% penalty tax on premature distributions, unless a
special exception applies, as described below. Under Code Section 408(e), an IRA
may not be used for borrowing (or as security for any loan) or in certain
prohibited transactions, and such a transaction could lead to the complete tax
disqualification of an IRA.
You (or your surviving spouse if you die) may rollover funds tax-free from
certain existing Qualified Plans (such as proceeds from existing insurance
contracts, annuity contracts or securities) into a Traditional IRA under certain
circumstances, as indicated below. However, mandatory tax withholding of 20% may
apply to any eligible rollover distribution from certain types of Qualified
Plans if the distribution is not transferred directly to the Traditional IRA. In
addition, under Code Section 402(c)(11) a non-spouse "designated beneficiary" of
a deceased Plan participant may make a tax-free "direct rollover" (in the form
of a direct transfer between Plan fiduciaries, as described below in "Rollover
Distributions") from certain Qualified Plans to a Traditional IRA for such
beneficiary, but such Traditional IRA must be designated and treated as an
"inherited IRA" that remains subject to applicable RMD rules (as if such IRA had
been inherited from the deceased Plan participant). In addition, such a Plan is
not required to permit such a rollover.
IRAs generally may not invest in life insurance contracts. However, an annuity
contract that is used as an IRA may provide a death benefit that equals the
greater of the premiums paid or the contract's cash value. The Contract offers
an enhanced death benefit that may exceed the greater of the Contract Value or
total premium payments. The tax rules are unclear as to what extent an IRA can
provide a death benefit that exceeds the greater of the IRA's cash value or the
sum of the premiums paid and other contributions into the IRA. Please note that
the IRA rider for the Contract has provisions that are designed to maintain the
Contract's tax qualification as an IRA, and therefore could limit certain
benefits under the Contract (including endorsement, rider or option benefits) to
maintain the Contract's tax qualification.
b. SEP IRAS
Code Section 408(k) provides for a Traditional IRA in the form of an
employer-sponsored defined contribution plan known as a Simplified Employee
Pension ("SEP") or a SEP IRA. A SEP IRA can have employer, and in limited
circumstances employee and salary reduction contributions, as well as higher
overall contribution limits than a Traditional IRA, but a SEP is also subject to
special tax-qualification requirements (e.g., on participation,
nondiscrimination and withdrawals) and sanctions. Otherwise, a SEP IRA is
generally subject to the same tax rules as for a Traditional IRA, which are
described above. Please note that the IRA rider for the Contract has provisions
that are designed to maintain the Contract's tax qualification as an IRA, and
therefore could limit certain benefits under the Contract (including
endorsement, rider or option benefits) to maintain the Contract's tax
qualification.
c. SIMPLE IRAS
The Savings Incentive Match Plan for Employees of small employers ("SIMPLE
Plan") is a form of an employer-sponsored Qualified Plan that provides IRA
benefits for the participating employees ("SIMPLE IRAs"). Depending upon the
SIMPLE Plan, employers may make plan contributions into a SIMPLE IRA established
by each eligible participant. Like a Traditional IRA, a SIMPLE IRA is subject to
the 50% penalty tax for failure to make a full RMD, and to the 10% penalty tax
on premature distributions, as described below. In addition, the 10% penalty tax
is increased to 25% for amounts received during the 2-year period beginning on
the date you first participated in a qualified salary reduction arrangement
pursuant to a SIMPLE Plan maintained by your employer under Code Section
408(p)(2). Contributions to a SIMPLE IRA may be either salary deferral
contributions or employer contributions, and these are subject to different tax
limits from those for a Traditional IRA. Please note that the SIMPLE IRA rider
for the Contract has provisions that are designed to maintain the Contract's tax
qualification as an SIMPLE IRA, and therefore could limit certain benefits under
the Contract (including endorsement, rider or option benefits) to maintain the
Contract's tax qualification.
A SIMPLE Plan may designate a single financial institution (a Designated
Financial Institution) as the initial trustee, custodian or issuer (in the case
of an annuity contract) of the SIMPLE IRA set up for each eligible participant.
However, any such Plan also must allow each eligible participant to have the
balance in his SIMPLE IRA held by the Designated Financial Institution
transferred without cost or penalty to a SIMPLE IRA maintained by a different
financial institution. Absent a Designated Financial Institution, each eligible
participant must select the financial institution to hold his SIMPLE IRA, and
notify his employer of this selection.
If we do not serve as the Designated Financial Institution for your employer's
SIMPLE Plan, for you to use one of our Contracts as a SIMPLE IRA, you need to
provide your employer with appropriate notification of such a selection under
the SIMPLE Plan. If you choose, you may arrange for a qualifying transfer of any
amounts currently held in another SIMPLE IRA for your benefit to your SIMPLE IRA
with us.
d. ROTH IRAS
Code Section 408A permits eligible individuals to establish a Roth IRA.
Contributions to a Roth IRA are not deductible, but withdrawals of amounts
contributed and the earnings thereon that meet certain requirements are not
subject to federal income tax. In general, Roth IRAs are subject to limitations
on
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34 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
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the amounts that may be contributed by the persons who may be eligible to
contribute, certain Traditional IRA restrictions, and certain RMD rules on the
death of the Contract Owner. Unlike a Traditional IRA, Roth IRAs are not subject
to RMD rules during the Contract Owner's lifetime. Generally, however, upon the
Owner's death the amount remaining in a Roth IRA must be distributed by the end
of the fifth year after such death or distributed over the life expectancy of a
designated beneficiary. The Owner of a Traditional IRA may convert a Traditional
IRA into a Roth IRA under certain circumstances. The conversion of a Traditional
IRA to a Roth IRA will subject the fair market value of the converted
Traditional IRA to federal income tax in the year of conversion. In addition to
the amount held in the converted Traditional IRA, the fair market value may
include the value of additional benefits provided by the annuity contract on the
date of conversion, based on reasonable actuarial assumptions. Tax-free
rollovers from a Roth IRA can be made only to another Roth IRA under limited
circumstances, as indicated below. Distributions from eligible Qualified Plans
can be "rolled over" directly (subject to tax) into a Roth IRA under certain
circumstances. Anyone considering the purchase of a Qualified Contract as a Roth
IRA or a "conversion" Roth IRA should consult with a qualified tax adviser.
Please note that the Roth IRA rider for the Contract has provisions that are
designed to maintain the Contract's tax qualification as a Roth IRA, and
therefore could limit certain benefits under the Contract (including
endorsement, rider or option benefits) to maintain the Contract's tax
qualification.
2. QUALIFIED PENSION OR PROFIT-SHARING PLAN OR SECTION 401(k) PLAN
Provisions of the Code permit eligible employers to establish a tax-qualified
pension or profit sharing plan (described in Section 401(a), and Section 401(k)
if applicable, and exempt from taxation under Section 501(a)). Such a Plan is
subject to limitations on the amounts that may be contributed, the persons who
may be eligible to participate, the amounts of "incidental" death benefits, and
the time when RMDs must commence. In addition, a Plan's provision of incidental
benefits may result in currently taxable income to the participant for some or
all of such benefits. Amounts may be rolled over tax-free from a Qualified Plan
to another Qualified Plan under certain circumstances, as described below.
Anyone considering the use of a Qualified Contract in connection with such a
Qualified Plan should seek competent tax and other legal advice.
In particular, please note that these tax rules provide for limits on death
benefits provided by a Qualified Plan (to keep such death benefits "incidental"
to qualified retirement benefits), and a Qualified Plan (or a Qualified
Contract) often contains provisions that effectively limit such death benefits
to preserve the tax qualification of the Qualified Plan (or Qualified Contract).
In addition, various tax-qualification rules for Qualified Plans specifically
limit increases in benefits once RMDs begin, and Qualified Contracts are subject
to such limits. As a result, the amounts of certain benefits that can be
provided by any option under a Qualified Contract may be limited by the
provisions of the Qualified Contract or governing Qualified Plan that are
designed to preserve its tax qualification.
3. TAX SHELTERED ANNUITY UNDER SECTION 403(b) ("TSA")
Code Section 403(b) permits public school employees and employees of certain
types of charitable, educational and scientific organizations described in Code
Section 501(c)(3) to purchase a "tax-sheltered annuity" ("TSA") contract and,
subject to certain limitations, exclude employer contributions to a TSA from
such an employee's gross income. Generally, total contributions may not exceed
the lesser of an annual dollar limit or 100% of the employee's "includable
compensation" for the most recent full year of service, subject to other
adjustments. There are also legal limits on annual elective deferrals that a
participant may be permitted to make under a TSA. In certain cases, such as when
the participant is age 50 or older, those limits may be increased. A TSA
participant should contact his plan administrator to determine applicable
elective contribution limits. Special provisions may allow certain employees
different overall limitations.
A TSA is subject to a prohibition against distributions from the TSA
attributable to contributions made pursuant to a salary reduction agreement,
unless such distribution is made:
a. after the employee reaches age 59 1/2;
b. upon the employee's separation from service;
c. upon the employee's death or disability;
d. in the case of hardship (as defined in applicable law and in the case of
hardship, any income attributable to such contributions may not be
distributed); or
e. as a qualified reservist distribution upon certain calls to active
duty.
An employer sponsoring a TSA may impose additional restrictions on your TSA
through its plan document.
Please note that the TSA rider for the Contract has provisions that are designed
to maintain the Contract's tax qualification as a TSA, and therefore could limit
certain benefits under the Contract (including endorsement, rider or option
benefits) to maintain the Contract's tax qualification. In particular, please
note that tax rules provide for limits on death benefits provided by a Qualified
Plan (to keep such death benefits "incidental" to qualified retirement
benefits), and a Qualified Plan (or a Qualified Contract) often contains
provisions that effectively limit such death benefits to preserve the tax
qualification of the Qualified Plan (or Qualified Contract). In addition,
various tax-qualification rules for Qualified Plans specifically limit increases
in benefits once RMDs begin, and Qualified Contracts are subject to such limits.
As a result, the amounts of certain benefits that can be provided by any option
under a Qualified Contract may be limited by the provisions of the Qualified
Contract or governing Qualified Plan that are designed to preserve its tax
qualification. In addition, a life insurance contract issued after September 23,
2007 is generally ineligible to qualify as a TSA under Reg. Section
1.403(b)-8(c)(2).
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UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 35
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Amounts may be rolled over tax-free from a TSA to another TSA or Qualified Plan
(or from a Qualified Plan to a TSA) under certain circumstances, as described
below. However, effective for TSA contract exchanges after September 24, 2007,
Reg. " 1.403(b)-10(b) allows a TSA contract of a participant or beneficiary
under a TSA Plan to be exchanged tax-free for another eligible TSA contract
under that same TSA Plan, but only if all of the following conditions are
satisfied: (1) such TSA Plan allows such an exchange, (2) the participant or
beneficiary has an accumulated benefit after such exchange that is no less than
such participant's or beneficiary's accumulated benefit immediately before such
exchange (taking into account such participant's or beneficiary's accumulated
benefit under both TSA contracts immediately before such exchange), (3) the
second TSA contract is subject to distribution restrictions with respect to the
participant that are no less stringent than those imposed on the TSA contract
being exchanged, and (4) the employer for such TSA Plan enters into an agreement
with the issuer of the second TSA contract under which such issuer and employer
will provide each other from time to time with certain information necessary for
such second TSA contract (or any other TSA contract that has contributions from
such employer) to satisfy the TSA requirements under Code Section 403(b) and
other federal tax requirements (e.g., plan loan conditions under Code Section
72(p) to avoid deemed distributions). Such necessary information could include
information about the participant's employment, information about other
Qualified Plans of such employer, and whether a severance has occurred, or
hardship rules are satisfied, for purposes of the TSA distribution restrictions.
Consequently, you are advised to consult with a qualified tax advisor before
attempting any such TSA exchange, particularly because it requires an agreement
between the employer and issuer to provide each other with certain information.
We are no longer accepting any incoming exchange request, or new contract
application, for any individual TSA contract.
4. DEFERRED COMPENSATION PLANS UNDER SECTION 457 ("SECTION 457 PLANS")
Certain governmental employers, or tax-exempt employers other than a
governmental entity, can establish a Deferred Compensation Plan under Code
Section 457. For these purposes, a "governmental employer" is a State, a
political subdivision of a State, or an agency or an instrumentality of a State
or political subdivision of a State. A Deferred Compensation Plan that meets the
requirements of Code Section 457(b) is called an "Eligible Deferred Compensation
Plan" or "Section 457(b) Plan." Code Section 457(b) limits the amount of
contributions that can be made to an Eligible Deferred Compensation Plan on
behalf of a participant. Generally, the limitation on contributions is the
lesser of (1) 100% of a participant's includible compensation or (2) the
applicable dollar amount ($16,500 for 2009). The Plan may provide for additional
"catch-up" contributions. In addition, under Code Section 457(d) a Section
457(b) Plan may not make amounts available for distribution to participants or
beneficiaries before (1) the calendar year in which the participant attains age
70 1/2, (2) the participant has a severance from employment (including death),
or (3) the participant is faced with an unforeseeable emergency (as determined
in accordance with regulations).
Under Code Section 457(g) all of the assets and income of an Eligible Deferred
Compensation Plan for a governmental employer must be held in trust for the
exclusive benefit of participants and their beneficiaries. For this purpose,
annuity contracts and custodial accounts described in Code Section 401(f) are
treated as trusts. This trust requirement does not apply to amounts under an
Eligible Deferred Compensation Plan of a tax-exempt (non-governmental) employer.
In addition, this trust requirement does not apply to amounts held under a
Deferred Compensation Plan of a governmental employer that is not a Section
457(b) Plan. Where the trust requirement does not apply, amounts held under a
Section 457 Plan must remain subject to the claims of the employer's general
creditors under Code Section 457(b)(6).
5. TAXATION OF AMOUNTS RECEIVED FROM QUALIFIED PLANS
Except under certain circumstances in the case of Roth IRAs or Roth accounts in
Qualified plans, amounts received from Qualified Contracts or Plans generally
are taxed as ordinary income under Code Section 72, to the extent that they are
not treated as a tax-free recovery of after-tax contributions or other
"investment in the contract." For annuity payments and other amounts received
after the Annuity Commencement Date from a Qualified Contract or Plan, the tax
rules for determining what portion of each amount received represents a tax-free
recovery of "investment in the contract" are generally the same as for
Non-Qualified Contracts, as described above.
For non-periodic amounts from certain Qualified Contracts or Plans, Code Section
72(e)(8) provides special rules that generally treat a portion of each amount
received as a tax-free recovery of the "investment in the contract," based on
the ratio of the "investment in the contract" over the Contract Value at the
time of distribution. However, in determining such a ratio, certain aggregation
rules may apply and may vary, depending on the type of Qualified Contract or
Plan. For instance, all Traditional IRAs owned by the same individual are
generally aggregated for these purposes, but such an aggregation does not
include any IRA inherited by such individual or any Roth IRA owned by such
individual.
In addition, penalty taxes, mandatory tax withholding or rollover rules may
apply to amounts received from a Qualified Contract or Plan, as indicated below,
and certain exclusions may apply to certain distributions (e.g., distributions
from an eligible Government Plan to pay qualified health insurance premiums of
an eligible retired public safety officer). Accordingly, you are advised to
consult with a qualified tax adviser before taking or receiving any amount
(including a loan) from a Qualified Contract or Plan.
6. PENALTY TAXES FOR QUALIFIED PLANS
Unlike Non-Qualified Contracts, Qualified Contracts are subject to federal
penalty taxes not just on premature distributions, but also on excess
contributions and failures to make required
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36 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
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minimum distributions ("RMDs"). Penalty taxes on excess contributions can vary
by type of Qualified Plan and which person made the excess contribution (e.g.,
employer or an employee). The penalty taxes on premature distributions and
failures to make timely RMDs are more uniform, and are described in more detail
below.
a. PENALTY TAXES ON PREMATURE DISTRIBUTIONS
Code Section 72(t) imposes a penalty income tax equal to 10% of the taxable
portion of a distribution from certain types of Qualified Plans that is made
before the employee reaches age 59 1/2. However, this 10% penalty tax does not
apply to a distribution that is either:
(i) made to a beneficiary (or to the employee's estate) on or after the
employee's death;
(ii) attributable to the employee's becoming disabled under Code Section
72(m)(7);
(iii) part of a series of substantially equal periodic payments (not less
frequently than annually -- "SEPPs") made for the life (or life
expectancy) of the employee or the joint lives (or joint life
expectancies) of such employee and a designated beneficiary ("SEPP
Exception"), and for certain Qualified Plans (other than IRAs) such a
series must begin after the employee separates from service;
(iv) (except for IRAs) made to an employee after separation from service
after reaching age 55 (or made after age 50 in the case of a qualified
public safety employee separated from certain government plans);
(v) (except for IRAs) made to an alternate payee pursuant to a qualified
domestic relations order under Code Section 414(p) (a similar exception
for IRAs in Code Section 408(d)(6) covers certain transfers for the
benefit of a spouse or ex-spouse);
(vi) not greater than the amount allowable as a deduction to the employee
for eligible medical expenses during the taxable year; or
(vii) certain qualified reservist distributions under Code Section
72(t)(2)(G) upon a call to active duty.
In addition, the 10% penalty tax does not apply to a distribution from an IRA
that is either:
(viii) made after separation from employment to an unemployed IRA owner for
health insurance premiums, if certain conditions are met;
(ix) not in excess of the amount of certain qualifying higher education
expenses, as defined by Code Section 72(t)(7); or
(x) for a qualified first-time home buyer and meets the requirements of
Code Section 72(t)(8).
If the taxpayer avoids this 10% penalty tax by qualifying for the SEPP Exception
and later such series of payments is modified (other than by death or
disability), the 10% penalty tax will be applied retroactively to all the prior
periodic payments (i.e., penalty tax plus interest thereon), unless such
modification is made after both (a) the employee has reached age 59 1/2 and (b)
5 years have elapsed since the first of these periodic payments.
For any premature distribution from a SIMPLE IRA during the first 2 years that
an individual participates in a salary reduction arrangement maintained by that
individual's employer under a SIMPLE Plan, the 10% penalty tax rate is increased
to 25%.
b. RMDS AND 50% PENALTY TAX
The RMD rules generally do not apply for the 2009 tax year. However, individuals
who deferred 2008 RMDs until April 1, 2009, must still take an RMD by that date.
Please consult with a qualified tax advisor or your Qualified Plan Administrator
to determine how this change may affect you.
If the amount distributed from a Qualified Contract or Plan is less than the
amount of the required minimum distribution ("RMD") for the year, the
participant is subject to a 50% penalty tax on the amount that has not been
timely distributed.
An individual's interest in a Qualified Plan generally must be distributed, or
begin to be distributed, not later than the Required Beginning Date. Generally,
the Required Beginning Date is April 1 of the calendar year following the later
of --
(i) the calendar year in which the individual attains age 70 1/2, or
(ii) (except in the case of an IRA or a 5% owner, as defined in the Code)
the calendar year in which a participant retires from service with the
employer sponsoring a Qualified Plan that allows such a later Required
Beginning Date.
The entire interest of the individual must be distributed beginning no later
than the Required Beginning Date over --
(a) the life of the individual or the lives of the individual and a
designated beneficiary (as specified in the Code), or
(b) over a period not extending beyond the life expectancy of the individual
or the joint life expectancy of the individual and a designated
beneficiary.
If an individual dies before reaching the Required Beginning Date, the
individual's entire interest generally must be distributed within 5 years after
the individual's death. However, this RMD rule will be deemed satisfied if
distributions begin before the close of the calendar year following the
individual's death to a designated beneficiary and distribution is over the life
of such designated beneficiary (or over a period not extending beyond the life
expectancy of such beneficiary). If such beneficiary is the individual's
surviving spouse, distributions may be delayed until the deceased individual
would have attained age 70 1/2.
If an individual dies after RMDs have begun for such individual, any remainder
of the individual's interest generally must be distributed at least as rapidly
as under the method of distribution in effect at the time of the individual's
death.
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UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 37
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The RMD rules that apply while the Contract Owner is alive do not apply with
respect to Roth IRAs. The RMD rules applicable after the death of the Owner
apply to all Qualified Plans, including Roth IRAs. In addition, if the Owner of
a Traditional or Roth IRA dies and the Owner's surviving spouse is the sole
designated beneficiary, this surviving spouse may elect to treat the Traditional
or Roth IRA as his or her own.
The RMD amount for each year is determined generally by dividing the account
balance by the applicable life expectancy. This account balance is generally
based upon the account value as of the close of business on the last day of the
previous calendar year. RMD incidental benefit rules also may require a larger
annual RMD amount, particularly when distributions are made over the joint lives
of the Owner and an individual other than his or her spouse. RMDs also can be
made in the form of annuity payments that satisfy the rules set forth in
Regulations under the Code relating to RMDs.
In addition, in computing any RMD amount based on a contract's account value,
such account value must include the actuarial value of certain additional
benefits provided by the contract. As a result, electing an optional benefit
under a Qualified Contract may require the RMD amount for such Qualified
Contract to be increased each year, and expose such additional RMD amount to the
50% penalty tax for RMDs if such additional RMD amount is not timely
distributed.
7. TAX WITHHOLDING FOR QUALIFIED PLANS
Distributions from a Qualified Contract or Qualified Plan generally are subject
to federal income tax withholding requirements. These federal income tax
withholding requirements, including any "elections out" and the rate at which
withholding applies, generally are the same as for periodic and non-periodic
distributions from a Non-Qualified Contract, as described above, except where
the distribution is an "eligible rollover distribution" from a Qualified Plan
(described below in "ROLLOVER DISTRIBUTIONS"). In the latter case, tax
withholding is mandatory at a rate of 20% of the taxable portion of the
"eligible rollover distribution," to the extent it is not directly rolled over
to an IRA or other Eligible Retirement Plan (described below in "ROLLOVER
DISTRIBUTIONS"). Payees cannot elect out of this mandatory 20% withholding in
the case of such an "eligible rollover distribution."
Also, special withholding rules apply with respect to distributions from
non-governmental Section 457(b) Plans, and to distributions made to individuals
who are neither citizens nor resident aliens of the United States.
Regardless of any "election out" (or any actual amount of tax actually withheld)
on an amount received from a Qualified Contract or Plan, the payee is generally
liable for any failure to pay the full amount of tax due on the includable
portion of such amount received. A payee also may be required to pay penalties
under estimated income tax rules, if the withholding and estimated tax payments
are insufficient to satisfy the payee's total tax liability.
8. ROLLOVER DISTRIBUTIONS
The current tax rules and limits for tax-free rollovers and transfers between
Qualified Plans vary according to (1) the type of transferor Plan and transferee
Plan, (2) whether the amount involved is transferred directly between Plan (a
"direct transfer" or a "direct rollover") or is distributed first to a
participant or beneficiary who then transfers that amount back into another
eligible Plan within 60 days (a "60-day rollover"), and (3) whether the
distribution is made to a participant, spouse or other beneficiary. Accordingly,
we advise you to consult with a qualified tax adviser before receiving any
amount from a Qualified Contract or Plan or attempting some form of rollover or
transfer with a Qualified Contract or Plan.
For instance, generally any amount can be transferred directly from one type of
Qualified Plan (e.g., a TSA) to the same type of Plan for the benefit of the
same individual, without limit (or federal income tax), if the transferee Plan
is subject to the same kinds of restrictions as the transferor Plan (e.g., a TSA
that is subject to the same kinds of salary reduction restrictions) and certain
other conditions to maintain the applicable tax qualification are satisfied
(e.g., as described above for TSA exchanges after September 24, 2007). Such a
"direct transfer" between the same kinds of Plan is generally not treated as any
form of "distribution" out of such a Plan for federal income tax purposes.
By contrast, an amount distributed from one type of Plan (e.g., a TSA) into a
different type of Plan (e.g., a Traditional IRA) generally is treated as a
"distribution" out of the first Plan for federal income tax purposes, and
therefore to avoid being subject to such tax, such a distribution must qualify
either as a "direct rollover" (made directly to another Plan) or as a "60-day
rollover." The tax restrictions and other rules for a "direct rollover" and a
"60-day rollover" are similar in many ways, but if any "eligible rollover
distribution" made from certain types of Qualified Plan is not transferred
directly to another Plan by a "direct rollover," then it is subject to mandatory
20% withholding, even if it is later contributed to that same Plan in a "60-day
rollover" by the recipient. If any amount less than 100% of such a distribution
(e.g., the net amount after the 20% withholding) is transferred to another Plan
in a "60-day rollover", the missing amount that is not rolled over remains
subject to normal income tax plus any applicable penalty tax.
Under Code Sections 402(f)(2)(A) and 3405(c)(3) an "eligible rollover
distribution" (which is both eligible for rollover treatment and subject to 20%
mandatory withholding absent a "direct rollover") is generally any distribution
to an employee of any portion (or all) of the balance to the employee's credit
in any of the following types of "Eligible Retirement Plan": (1) a Qualified
Plan under Code Section 401(a) ("Qualified 401(a) Plan"), (2) a qualified
annuity plan under Code Section 403(a) ("Qualified Annuity Plan"), (3) a TSA
under Code Section 403(b), or (4) a governmental Section 457(b) Plan. However,
an "eligible rollover distribution" does not include any distribution that is
either --
a. an RMD amount;
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38 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
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b. one of a series of substantially equal periodic payments (not less
frequently than annually) made either (i) for the life (or life
expectancy) of the employee or the joint lives (or joint life
expectancies) of the employee and a designated beneficiary, or (ii) for
a specified period of 10 years or more; or
c. any distribution made upon hardship of the employee.
Before making an "eligible rollover distribution," a Plan administrator
generally is required under Code Section 402(f) to provide the recipient with
advance written notice of the "direct rollover" and "60-day rollover" rules and
the distribution's exposure to the 20% mandatory withholding if it is not made
by "direct rollover." Generally, under Code Sections 402(c), 403(b)(8) and 457
(e)(16), a "direct rollover" or a "60-day rollover" of an "eligible rollover
distribution" can be made to a Traditional IRA or to another Eligible Retirement
Plan that agrees to accept such a rollover. However, the maximum amount of an
"eligible rollover distribution" that can qualify for a tax-free "60-day
rollover" is limited to the amount that otherwise would be includable in gross
income. By contrast, a "direct rollover" of an "eligible rollover distribution"
can include after-tax contributions as well, if the direct rollover is made
either to a Traditional IRA or to another form of Eligible Retirement Plan that
agrees to account separately for such a rollover, including accounting for such
after-tax amounts separately from the otherwise taxable portion of this
rollover. Separate accounting also is required for all amounts (taxable or not)
that are rolled into a governmental Section 457(b) Plan from either a Qualified
Section 401(a) Plan, Qualified Annuity Plan, TSA or IRA. These amounts, when
later distributed from the governmental Section 457(b) Plan, are subject to any
premature distribution penalty tax applicable to distributions from such a
"predecessor" Qualified Plan.
Rollover rules for distributions from IRAs under Code Sections 408(d)(3) and
408A(d)(3) also vary according to the type of transferor IRA and type of
transferee IRA or other Plan. For instance, generally no tax-free "direct
rollover" or "60-day rollover" can be made between a "NonRoth IRA" (Traditional,
SEP or SIMPLE IRA) and a Roth IRA, and a transfer from NonRoth IRA to a Roth
IRA, or a "conversion" of a NonRoth IRA to a Roth IRA, is subject to special
rules. In addition, generally no tax-free "direct rollover" or "60-day rollover"
can be made between an "inherited IRA" (NonRoth or Roth) for a beneficiary and
an IRA set up by that same individual as the original owner. Generally, any
amount other than an RMD distributed from a Traditional or SEP IRA is eligible
for a "direct rollover" or a "60-day rollover" to another Traditional IRA for
the same individual. Similarly, any amount other than an RMD distributed from a
Roth IRA is generally eligible for a "direct rollover" or a "60-day rollover" to
another Roth IRA for the same individual. However, in either case such a
tax-free 60-day rollover is limited to 1 per year (365-day period); whereas no
1-year limit applies to any such "direct rollover." Similar rules apply to a
"direct rollover" or a "60-day rollover" of a distribution from a SIMPLE IRA to
another SIMPLE IRA or a Traditional IRA, except that any distribution of
employer contributions from a SIMPLE IRA during the initial 2-year period in
which the individual participates in the employer's SIMPLE Plan is generally
disqualified (and subject to the 25% penalty tax on premature distributions) if
it is not rolled into another SIMPLE IRA for that individual. Amounts other than
RMDs distributed from a Traditional or SEP IRA (or SIMPLE IRA after the initial
2-year period) also are eligible for a "direct rollover" or a "60-day rollover"
to an Eligible Retirement Plan (e.g., a TSA) that accepts such a rollover, but
any such rollover is limited to the amount of the distribution that otherwise
would be includable in gross income (i.e., after-tax contributions are not
eligible).
Special rules also apply to transfers or rollovers for the benefit of a spouse
(or ex-spouse) or a nonspouse designated beneficiary, Plan distributions of
property, and obtaining a waiver of the 60-day limit for a tax-free rollover
from the IRS. The Katrina Emergency Tax Relief Act of 2005 (KETRA) allows
certain amounts to be recontributed within three years as a rollover
contribution to a plan from which a KETRA distribution was taken.
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UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 39
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ACCUMULATION UNIT VALUES
(FOR AN ACCUMULATION UNIT OUTSTANDING THROUGHOUT THE PERIOD)
The following information should be read in conjunction with the financial
statements for the Separate Account included in the Statement of Additional
Information, which is incorporated by reference in this prospectus.
<Table>
<Caption>
AS OF DECEMBER 31,
SUB-ACCOUNT 2008 2007 2006 2005 2004
- -----------------------------------------------------------------------------------------------------------------
AIM V.I. CORE EQUITY FUND
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $19.708 $18.311 $16.804 -- --
Accumulation Unit Value at end of
period $13.706 $19.708 $18.311 -- --
Number of Accumulation Units
outstanding at end of period (in
thousands) 3 3 3 -- --
AIM V.I. GLOBAL HEALTH CARE FUND
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $23.779 $21.355 $20.384 $18.933 $17.680
Accumulation Unit Value at end of
period $16.897 $23.779 $21.355 $20.384 $18.933
Number of Accumulation Units
outstanding at end of period (in
thousands) 4 5 5 7 10
AIM V.I. TECHNOLOGY FUND
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $14.514 $13.537 $12.308 $12.101 $11.617
Accumulation Unit Value at end of
period $8.019 $14.514 $13.537 $12.308 $12.101
Number of Accumulation Units
outstanding at end of period (in
thousands) 2 3 4 12 25
ALLIANCEBERNSTEIN VPS INTERNATIONAL
GROWTH PORTFOLIO
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $10.560 $10.383 -- -- --
Accumulation Unit Value at end of
period $5.377 $10.560 -- -- --
Number of Accumulation Units
outstanding at end of period (in
thousands) 20 21 -- -- --
ALLIANCEBERNSTEIN VPS INTERNATIONAL
RESEARCH PORTFOLIO
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $24.581 $20.202 $16.048 $13.528 $11.553
Accumulation Unit Value at end of
period $22.045 $24.581 $20.202 $16.048 $13.528
Number of Accumulation Units
outstanding at end of period (in
thousands) -- -- 9 9 10
ALLIANCEBERNSTEIN VPS LARGE CAP GROWTH
PORTFOLIO
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $24.734 $21.810 $22.006 $19.198 $17.754
Accumulation Unit Value at end of
period $14.857 $24.734 $21.810 $22.006 $19.198
Number of Accumulation Units
outstanding at end of period (in
thousands) 8 8 8 9 10
ALLIANCEBERNSTEIN VPS MONEY MARKET
PORFOLIO
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $14.269 $13.735 $13.240 $12.997 $12.964
Accumulation Unit Value at end of
period $14.476 $14.269 $13.735 $13.240 $12.997
Number of Accumulation Units
outstanding at end of period (in
thousands) 37 24 26 24 31
AMERICAN CENTURY VP BALANCED FUND
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $20.651 $19.769 $18.115 $17.341 $15.868
Accumulation Unit Value at end of
period $16.379 $20.651 $19.769 $18.115 $17.341
Number of Accumulation Units
outstanding at end of period (in
thousands) 8 8 8 9 12
<Caption>
AS OF DECEMBER 31,
SUB-ACCOUNT 2003 2002 2001 2000 1999
- -------------------------------------- --------------------------------------------------------------------
AIM V.I. CORE EQUITY FUND
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period -- -- -- -- --
Accumulation Unit Value at end of
period -- -- -- -- --
Number of Accumulation Units
outstanding at end of period (in
thousands) -- -- -- -- --
AIM V.I. GLOBAL HEALTH CARE FUND
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $13.899 $18.480 $21.236 $16.342 $15.654
Accumulation Unit Value at end of
period $17.680 $13.899 $18.480 $21.236 $16.342
Number of Accumulation Units
outstanding at end of period (in
thousands) 11 12 13 23 6
AIM V.I. TECHNOLOGY FUND
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $8.032 $15.178 $28.144 $36.917 $14.322
Accumulation Unit Value at end of
period $11.617 $8.032 $15.178 $28.144 $36.917
Number of Accumulation Units
outstanding at end of period (in
thousands) 31 31 46 45 31
ALLIANCEBERNSTEIN VPS INTERNATIONAL
GROWTH PORTFOLIO
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period -- -- -- -- --
Accumulation Unit Value at end of
period -- -- -- -- --
Number of Accumulation Units
outstanding at end of period (in
thousands) -- -- -- -- --
ALLIANCEBERNSTEIN VPS INTERNATIONAL
RESEARCH PORTFOLIO
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $8.819 $10.456 $13.544 $16.990 $12.175
Accumulation Unit Value at end of
period $11.553 $8.819 $10.456 $13.544 $16.990
Number of Accumulation Units
outstanding at end of period (in
thousands) 14 18 18 21 5
ALLIANCEBERNSTEIN VPS LARGE CAP GROWTH
PORTFOLIO
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $14.421 $20.887 $25.357 $30.515 $23.171
Accumulation Unit Value at end of
period $17.754 $14.421 $20.887 $25.357 $30.515
Number of Accumulation Units
outstanding at end of period (in
thousands) 15 32 39 39 33
ALLIANCEBERNSTEIN VPS MONEY MARKET
PORFOLIO
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $12.954 $12.945 -- -- --
Accumulation Unit Value at end of
period $12.964 $12.954 -- -- --
Number of Accumulation Units
outstanding at end of period (in
thousands) 80 154 -- -- --
AMERICAN CENTURY VP BALANCED FUND
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $13.343 $14.819 $15.456 $15.952 $14.567
Accumulation Unit Value at end of
period $15.868 $13.343 $14.819 $15.456 $15.952
Number of Accumulation Units
outstanding at end of period (in
thousands) 5 5 5 8 5
</Table>
<Page>
40 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
- -------------------------------------------------------------------------------
<Table>
<Caption>
AS OF DECEMBER 31,
SUB-ACCOUNT 2008 2007 2006 2005 2004
- -----------------------------------------------------------------------------------------------------------------
AMERICAN CENTURY VP CAPITAL
APPRECIATION FUND
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $23.170 $15.963 $13.680 $11.257 $10.511
Accumulation Unit Value at end of
period $12.413 $23.170 $15.963 $13.680 $11.257
Number of Accumulation Units
outstanding at end of period (in
thousands) 2 3 2 3 4
FEDERATED AMERICAN LEADERS FUND II
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $21.902 $24.355 $20.944 $20.033 $18.331
Accumulation Unit Value at end of
period $14.433 $21.902 $24.355 $20.944 $20.033
Number of Accumulation Units
outstanding at end of period (in
thousands) 8 8 9 9 10
FEDERATED CAPITAL INCOME FUND II
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $15.232 $14.707 $12.775 $12.074 $11.026
Accumulation Unit Value at end of
period $12.073 $15.232 $14.707 $12.775 $12.074
Number of Accumulation Units
outstanding at end of period (in
thousands) -- -- -- -- 3
FEDERATED FUND FOR U.S. GOVERNMENT
SECURITIES II
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $16.991 $16.058 $15.489 $15.250 $14.785
Accumulation Unit Value at end of
period $17.638 $16.991 $16.058 $15.489 $15.250
Number of Accumulation Units
outstanding at end of period (in
thousands) 13 12 13 13 14
FEDERATED HIGH INCOME BOND FUND II
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $18.551 $18.017 $16.333 $15.982 $14.534
Accumulation Unit Value at end of
period $13.667 $18.551 $18.017 $16.333 $15.982
Number of Accumulation Units
outstanding at end of period (in
thousands) -- -- -- 1 3
GARTMORE NVIT DEVELOPING MARKETS FUND
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $30.230 $21.160 $15.794 $12.063 $10.115
Accumulation Unit Value at end of
period $12.682 $30.230 $21.160 $15.794 $12.063
Number of Accumulation Units
outstanding at end of period (in
thousands) 3 7 7 7 10
HARTFORD INDEX HLS FUND
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $20.998 $20.049 $17.444 $16.767 $15.257
Accumulation Unit Value at end of
period $13.146 $20.998 $20.049 $17.444 $16.767
Number of Accumulation Units
outstanding at end of period (in
thousands) 9 13 15 17 20
ING GLOBAL RESOURCES PORTFOLIO
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $14.010 $10.000 -- -- --
Accumulation Unit Value at end of
period $8.229 $14.010 -- -- --
Number of Accumulation Units
outstanding at end of period (in
thousands) 9 10 -- -- --
ING JPMORGAN EMERGING MARKETS EQUITY
PORTFOLIO
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $19.239 $13.923 $10.270 $10.077 --
Accumulation Unit Value at end of
period $9.355 $19.239 $13.923 $10.270 --
Number of Accumulation Units
outstanding at end of period (in
thousands) 3 3 3 1 --
<Caption>
AS OF DECEMBER 31,
SUB-ACCOUNT 2003 2002 2001 2000 1999
- -------------------------------------- --------------------------------------------------------------------
AMERICAN CENTURY VP CAPITAL
APPRECIATION FUND
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $8.764 $11.172 $15.691 $14.453 $8.825
Accumulation Unit Value at end of
period $10.511 $8.764 $11.172 $15.691 $14.453
Number of Accumulation Units
outstanding at end of period (in
thousands) 4 5 6 10 3
FEDERATED AMERICAN LEADERS FUND II
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $14.420 $18.155 $19.046 $18.671 $17.577
Accumulation Unit Value at end of
period $18.331 $14.420 $18.155 $19.046 $18.671
Number of Accumulation Units
outstanding at end of period (in
thousands) 9 9 9 8 1
FEDERATED CAPITAL INCOME FUND II
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $9.178 $12.116 $14.115 $15.561 $15.375
Accumulation Unit Value at end of
period $11.026 $9.178 $12.116 $14.115 $15.561
Number of Accumulation Units
outstanding at end of period (in
thousands) 3 3 3 7 4
FEDERATED FUND FOR U.S. GOVERNMENT
SECURITIES II
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $14.508 $13.364 $12.542 $11.352 $11.473
Accumulation Unit Value at end of
period $14.785 $14.508 $13.364 $12.542 $11.352
Number of Accumulation Units
outstanding at end of period (in
thousands) 14 25 35 21 8
FEDERATED HIGH INCOME BOND FUND II
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $11.946 $11.834 $11.733 $12.956 $12.720
Accumulation Unit Value at end of
period $14.534 $11.946 $11.834 $11.733 $12.956
Number of Accumulation Units
outstanding at end of period (in
thousands) 5 8 7 11 9
GARTMORE NVIT DEVELOPING MARKETS FUND
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $7.285 -- -- -- --
Accumulation Unit Value at end of
period $10.115 -- -- -- --
Number of Accumulation Units
outstanding at end of period (in
thousands) 8 -- -- -- --
HARTFORD INDEX HLS FUND
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $11.961 $15.493 $17.748 $19.700 $16.424
Accumulation Unit Value at end of
period $15.257 $11.961 $15.493 $17.748 $19.700
Number of Accumulation Units
outstanding at end of period (in
thousands) 24 22 42 28 43
ING GLOBAL RESOURCES PORTFOLIO
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period -- -- -- -- --
Accumulation Unit Value at end of
period -- -- -- -- --
Number of Accumulation Units
outstanding at end of period (in
thousands) -- -- -- -- --
ING JPMORGAN EMERGING MARKETS EQUITY
PORTFOLIO
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period -- -- -- -- --
Accumulation Unit Value at end of
period -- -- -- -- --
Number of Accumulation Units
outstanding at end of period (in
thousands) -- -- -- -- --
</Table>
<Page>
UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 41
- -------------------------------------------------------------------------------
<Table>
<Caption>
AS OF DECEMBER 31,
SUB-ACCOUNT 2008 2007 2006 2005 2004
- -----------------------------------------------------------------------------------------------------------------
MFS(R) GROWTH SERIES
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $23.231 $19.258 $17.930 $16.495 $14.668
Accumulation Unit Value at end of
period $14.473 $23.231 $19.258 $17.930 $16.495
Number of Accumulation Units
outstanding at end of period (in
thousands) 1 -- -- -- --
MFS(R) HIGH INCOME SERIES
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $18.102 $17.867 $16.261 $15.989 $14.715
Accumulation Unit Value at end of
period $12.886 $18.102 $17.867 $16.261 $15.989
Number of Accumulation Units
outstanding at end of period (in
thousands) 1 1 1 2 2
MFS(R) STRATEGIC INCOME SERIES
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $16.447 $15.934 $15.005 $14.793 $13.794
Accumulation Unit Value at end of
period $14.403 $16.447 $15.934 $15.005 $14.793
Number of Accumulation Units
outstanding at end of period (in
thousands) 1 1 1 1 2
PARTNERS PORTFOLIO
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $23.073 $21.198 $18.972 $16.144 $13.630
Accumulation Unit Value at end of
period $10.935 $23.073 $21.198 $18.972 $16.144
Number of Accumulation Units
outstanding at end of period (in
thousands) 1 2 2 2 2
PIONEER FUND VCT PORTFOLIO
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $13.192 $12.622 $10.871 $10.285 $10.063
Accumulation Unit Value at end of
period $8.633 $13.192 $12.622 $10.871 $10.285
Number of Accumulation Units
outstanding at end of period (in
thousands) 2 2 2 2 8
PIONEER GROWTH OPPORTUNITIES VCT
PORTFOLIO
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $20.403 $21.318 $20.279 $19.094 $15.679
Accumulation Unit Value at end of
period $13.103 $20.403 $21.318 $20.279 $19.094
Number of Accumulation Units
outstanding at end of period (in
thousands) 5 8 8 10 11
SHORT DURATION BOND PORTFOLIO
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $14.876 $14.262 $13.749 $13.614 $13.570
Accumulation Unit Value at end of
period $12.820 $14.876 $14.262 $13.749 $13.614
Number of Accumulation Units
outstanding at end of period (in
thousands) 2 2 2 2 4
VAN ECK WORLDWIDE BOND FUND
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $17.914 $16.402 $15.473 $16.029 $14.751
Accumulation Unit Value at end of
period $18.477 $17.914 $16.402 $15.473 $16.029
Number of Accumulation Units
outstanding at end of period (in
thousands) 3 2 3 1 3
VAN ECK WORLDWIDE HARD ASSETS FUND
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $37.429 $25.866 $20.871 $13.823 $11.199
Accumulation Unit Value at end of
period $20.075 $37.429 $25.866 $20.871 $13.823
Number of Accumulation Units
outstanding at end of period (in
thousands) 3 5 5 7 5
<Caption>
AS OF DECEMBER 31,
SUB-ACCOUNT 2003 2002 2001 2000 1999
- -------------------------------------- --------------------------------------------------------------------
MFS(R) GROWTH SERIES
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $11.314 $17.158 $25.912 $32.324 $18.374
Accumulation Unit Value at end of
period $14.668 $11.314 $17.158 $25.912 $32.324
Number of Accumulation Units
outstanding at end of period (in
thousands) 1 6 12 14 13
MFS(R) HIGH INCOME SERIES
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $12.531 $12.272 $12.077 $12.998 $12.266
Accumulation Unit Value at end of
period $14.715 $12.531 $12.272 $12.077 $12.998
Number of Accumulation Units
outstanding at end of period (in
thousands) 5 12 11 15 14
MFS(R) STRATEGIC INCOME SERIES
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $12.553 $11.633 $11.154 $10.685 $11.008
Accumulation Unit Value at end of
period $13.794 $12.553 $11.633 $11.154 $10.685
Number of Accumulation Units
outstanding at end of period (in
thousands) 2 2 4 6 2
PARTNERS PORTFOLIO
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $10.135 $13.422 $13.880 $13.835 $12.946
Accumulation Unit Value at end of
period $13.630 $10.135 $13.422 $13.880 $13.835
Number of Accumulation Units
outstanding at end of period (in
thousands) 5 4 6 8 3
PIONEER FUND VCT PORTFOLIO
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period -- -- -- -- --
Accumulation Unit Value at end of
period -- -- -- -- --
Number of Accumulation Units
outstanding at end of period (in
thousands) -- -- -- -- --
PIONEER GROWTH OPPORTUNITIES VCT
PORTFOLIO
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $11.019 $17.757 $14.973 $16.023 $15.237
Accumulation Unit Value at end of
period $15.679 $11.019 $17.757 $14.973 $16.023
Number of Accumulation Units
outstanding at end of period (in
thousands) 10 14 28 13 8
SHORT DURATION BOND PORTFOLIO
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $13.309 $12.691 $11.718 $11.023 $10.911
Accumulation Unit Value at end of
period $13.570 $13.309 $12.691 $11.718 $11.023
Number of Accumulation Units
outstanding at end of period (in
thousands) 10 13 8 4 3
VAN ECK WORLDWIDE BOND FUND
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $12.540 $10.354 $10.954 $10.807 $11.778
Accumulation Unit Value at end of
period $14.751 $12.540 $10.354 $10.954 $10.807
Number of Accumulation Units
outstanding at end of period (in
thousands) 1 2 1 2 2
VAN ECK WORLDWIDE HARD ASSETS FUND
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $7.754 $8.016 $8.992 $8.108 $6.731
Accumulation Unit Value at end of
period $11.199 $7.754 $8.016 $8.992 $8.108
Number of Accumulation Units
outstanding at end of period (in
thousands) 1 -- 3 3 1
</Table>
<Page>
42 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
- -------------------------------------------------------------------------------
<Table>
<Caption>
AS OF DECEMBER 31,
SUB-ACCOUNT 2008 2007 2006 2005 2004
- -----------------------------------------------------------------------------------------------------------------
WELLS FARGO ADVANTAGE VT DISCOVERY
FUND
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period $28.237 $23.188 $20.317 $16.799 --
Accumulation Unit Value at end of
period $15.642 $28.237 $23.188 $20.317 --
Number of Accumulation Units
outstanding at end of period (in
thousands) 1 1 1 2 --
<Caption>
AS OF DECEMBER 31,
SUB-ACCOUNT 2003 2002 2001 2000 1999
- -------------------------------------- --------------------------------------------------------------------
WELLS FARGO ADVANTAGE VT DISCOVERY
FUND
WITHOUT ANY OPTIONAL BENEFITS
Accumulation Unit Value at beginning
of period -- -- -- -- --
Accumulation Unit Value at end of
period -- -- -- -- --
Number of Accumulation Units
outstanding at end of period (in
thousands) -- -- -- -- --
</Table>
<Page>
UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 43
- -------------------------------------------------------------------------------
FURTHER INFORMATION ABOUT UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
FORWARD-LOOKING STATEMENTS
Some of the statements under "Business," "Management's Discussion and Analysis
of Financial Condition and Results of Operations," and elsewhere in this report
may contain forward-looking statements which reflect our current views with
respect to, among other things, future events, financial performance, business
prospects, growth and operating strategies and similar matters. You can identify
these statements by the fact that they may use words such as "will," "may,"
"anticipates," "expects," "estimates," "projects," "intends," "plans,"
"believes," "targets," "forecasts," "potential," "approximately," or the
negative version of those words and other words and terms with a similar
meaning. Any forward-looking statements contained in this report are based upon
our historical performance and on current plans, estimates and expectations. The
inclusion of this forward-looking information should not be regarded as a
representation by us or any other person that the future plans, estimates or
expectations contemplated by us will be achieved. Our actual results might
differ materially from those projected in the forward-looking statements. Union
Security Life Insurance Company of New York undertakes no obligation to update
or review any forward-looking statement, whether as a result of new information,
future events or other developments.
In addition to other factors described herein, the following risk factors could
cause our actual results to differ materially from those currently estimated by
management: (i) general global economic, financial market and political
conditions (including difficult conditions in financial markets and the global
economic slowdown, fluctuations in interest rates, mortgage rates, monetary
policies and inflationary pressure); (ii) a decline in our credit or financial
strength ratings (including the currently heightened risk of ratings downgrade,
in the insurance industry); (iii) deterioration in Assurant, Inc.'s market
capitalization compared to its book value that could impair the Company's
goodwill; (iv) failure to maintain significant client relationships,
distribution sources and contractual arrangements; (v) failure to attract and
retain sales representatives; (vi) inadequacy of reserves established for future
claims losses; (vii) failure to predict or manage benefits, claims and other
costs; (viii) diminished value of invested assets in our investment portfolio
(due to, among other things, recent volatility in financial markets,
other-than-temporary-impairments, the global economic slowdown, credit and
liquidity risk, and inability to target an appropriate overall risk level); (ix)
inability of reinsurers to meet their obligations; (x) insolvency of third
parties to whom we have sold or may sell businesses through reinsurance or
modified co-insurance; (xi) credit risk of some of our agents; (xii) failure to
protect client information and privacy; (xiii) negative publicity and impact on
our business due to unfavorable outcomes in litigation and regulatory
investigations (including the potential impact on our reputation and business of
a negative outcome in the ongoing SEC investigation of the Parent); (xiv)
significant competitive pressures in our businesses and cyclicality of the
insurance industry; (xv) current or new laws and regulations that could increase
our costs or limit our growth. These risk factors should not be construed as
exhaustive and should be read in conjunction with the other cautionary
statements that are included in this report. For a more detailed discussion of
the risk factors that could affect our actual results, please refer to the "Risk
Factors" in Item 1A.
PART I
ITEM 1. BUSINESS
LEGAL ORGANIZATION
Union Security Life Insurance Company of New York is a stock life insurance
company formed in 1971 and organized under the laws of the State of New York. It
is a direct wholly-owned subsidiary of Assurant, Inc. ("Assurant" or the
"Parent"), which owns and operates companies that provide specialty insurance
products and related services in North America and selected other markets.
Assurant is traded on the New York Stock Exchange under the symbol AIZ.
In this report, references to the "Company," "Union Security," "Union Security
Life," "we," "us" or "our" refer to Union Security Life Insurance Company of New
York.
BUSINESS ORGANIZATION
Union Security Life, which is licensed to sell life, health and annuity
insurance only in New York State, writes insurance products that are marketed in
New York State by the Assurant Employee Benefits and Assurant Solutions
operating segments (see Assurant's 2008 Form 10-K for a full description of each
of these segments). Within the Assurant Employee Benefits segment, we write
group life, group dental, group long-term disability and group short-term
disability insurance products. Within the Assurant Solutions segment, we market,
sell and issue credit life and credit disability products. Of our total gross
revenues, less net realized losses on investments, generated during 2008,
approximately 92% was from the Assurant Employee Benefits segment, approximately
7% from the Assurant Solutions segment, and the remaining from the other
Assurant segments. It is possible that our sales of credit life for the Assurant
Solutions segment will decline, as almost all of the largest credit card issuing
institutions in the U.S. have switched from offering credit insurance to their
credit card customers to offering their own banking-approved debt protection
programs. Debt protection is not an insurance product, but rather a service that
is voluntarily added by customers as an addendum to a loan.
As a direct wholly-owned subsidiary of Assurant, Union Security Life does not
have any publicly issued equity or debt securities. We have been, however,
subject to certain filing requirements of the Securities Exchange Act of 1934,
as amended (the "Exchange Act"), because we have issued certain variable and
market value adjusted insurance contracts, which are required
<Page>
44 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
- -------------------------------------------------------------------------------
to be registered with the U.S. Securities and Exchange Commission (the "SEC") as
securities. Effective April 2, 2001, Assurant exited this line of business and
sold the business segment, then referred to as Fortis Financial Group ("FFG"),
to The Hartford Financial Services Group, Inc. and certain of its subsidiaries
("The Hartford"). This sale was accomplished by means of coinsurance and
modified coinsurance. As a result, The Hartford is contractually responsible for
servicing the insurance contracts, including the payment of benefits, oversight
of investment management, overall contract administration and funding of
reserves. If The Hartford fails to fulfill its obligations, however, we will be
obligated to perform the services and make the required payments and funding.
After the filing of its Annual Report on Form 10-K, the Company will rely on the
exemption provided by recently adopted Rule 12h-7 under the Exchange Act and
accordingly will not file subsequent annual reports on Form 10-K, quarterly
reports on Form 10-Q and current reports on Form 8-K, or any other reports
required by the Exchange Act, with the SEC.
As of February 17, 2009, we had approximately 10 employees in our sales offices
in New York, New York. In addition, two Assurant employees, subject to a lease
arrangement, spent at least a portion of their time working for us at our
headquarters in Fayetteville, New York.
Our annual reports on Form 10-K, quarterly reports on Form 10-Q, current reports
on Form 8-K and all amendments to such reports, filed or furnished pursuant to
Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, are
available free of charge through the SEC website at www.sec.gov.
For additional information that relates to our business, we refer you to
Assurant's Annual Report on Form 10-K filed with the SEC and available on the
SEC's website at www.sec.gov or through Assurant's website at www.assurant.com.
ITEM 1A. RISK FACTORS
Certain factors may have a material adverse effect on our business, financial
condition and results of operations and you should carefully consider them. It
is not possible to predict or identify all such factors.
GENERAL ECONOMIC, FINANCIAL MARKET AND POLITICAL CONDITIONS MAY ADVERSELY AFFECT
OUR RESULTS OF OPERATIONS AND FINANCIAL CONDITIONS. PARTICULARLY, RECENT
DEVELOPMENTS IN FINANCIAL MARKETS AND THE GLOBAL ECONOMY MAY NEGATIVELY AFFECT
OUR RESULTS.
General economic, financial market and political conditions may have a material
adverse effect on our results of operations and financial condition. These may
include, among others, insurance industry cycles, fluctuations in industry
rates, monetary policy, demographics, and legislative and competitive factors.
Recently, concerns over inflation, energy costs, geopolitical issues, the
availability and cost of credit, the declining global mortgage and real estate
markets, the loss of consumer confidence and a reduction in consumer spending
have contributed to increased volatility and diminished expectations for the
economy and the markets going forward. These factors, combined with increased
unemployment, have precipitated an economic slowdown and fears of a global
recession. This may affect our operational results in various ways, including
but not limited to the following:
- - individuals and businesses (i) may choose not to purchase our insurance
products, and other related products and services, (ii) may terminate
existing policies or contracts or permit them to lapse, (iii) may choose to
reduce the amount of coverage purchased, or (iv) in the case of business
customers of Assurant Employee Benefits, may have fewer employees requiring
insurance coverage due to reductions in their staffing levels;
- - disability insurance claims and claims on other specialized insurance
products tend to rise; or
- - clients are more likely to experience financial distress or to declare
bankruptcy or liquidation, which could have a material and adverse impact on
the remittance of premiums and the collection of receivables such as
unearned premiums.
For the fiscal year ended on December 31, 2008, the Company recognized net
realized losses on fixed maturity and equity securities totaling $3,925 after
tax and reported gross unrealized losses on fixed maturity and equity securities
of $8,545. If the current economic downturn continues to negatively affect
companies, industry sectors or countries, the Company may have additional
investment losses and further increases in other-than-temporary impairments. As
part of the Parent's process, our investment portfolio is regularly monitored to
ensure investments that may be other-than-temporarily impaired are identified in
a timely fashion, properly valued, and any impairments are charged against
earnings in the proper period. Assessment factors include, but are not limited
to, the length of time and the extent to which the market value has been less
than cost, the financial condition and rating of the issuer, whether any
collateral is held, and the intent and ability of the Company to retain the
investment for a period of time sufficient to allow for recovery. However, the
determination that a security has incurred an other-than-temporary decline in
value requires the judgment of management. Inherently, there are risks and
uncertainties involved in making these judgments. Therefore, changes in facts
and circumstances and critical assumptions could also result in management's
decision that further impairments have occurred.
A.M. BEST, MOODY'S, AND S&P RATE THE FINANCIAL STRENGTH OF THE COMPANY, AND A
DECLINE IN THESE RATINGS COULD AFFECT OUR STANDING IN THE INSURANCE INDUSTRY AND
CAUSE OUR SALES AND EARNINGS TO DECREASE.
Ratings are an increasingly important factor in establishing the competitive
position of insurance companies. A.M. Best, Moody's and S&P ratings reflect
their opinions of our financial strength, operating performance, strategic
position and ability to meet our obligations to policyholders. These ratings are
subject to periodic review by A.M. Best, Moody's, and S&P, and we cannot assure
you that we will be able to retain these
<Page>
UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 45
- -------------------------------------------------------------------------------
ratings. In 2007, as a result of our Parent's pending SEC investigation, A.M.
Best, Moody's and S&P placed a negative outlook on our ratings. In 2008, A.M.
Best downgraded our financial strength ratings and issuer credit ratings from
"A" to "A-" and from "a" to "a-", respectively. Given recent economic
developments that have negatively affected the entire insurance industry, we
believe that we could be more susceptible to ratings downgrades.
If our ratings are lowered from their current levels by A.M. Best, Moody's, or
S&P, our competitive position in the respective insurance industry segments
could be negatively impacted and it could be more difficult for us to market our
products. Rating agencies may take action to lower our ratings in the future due
to, among other things, perceived concerns about our liquidity or solvency, the
competitive environment in the insurance industry, which may adversely affect
our revenues, the inherent uncertainty in determining reserves for future
claims, which may cause us to increase our reserves for claims, the outcome of
pending litigation and regulatory investigations, which may adversely affect our
financial position and reputation and possible changes in the methodology or
criteria applied by the rating agencies. In addition, rating agencies have come
under recent scrutiny over their ratings on various mortgage-backed products. As
a result, they may have become more conservative in their methodology and
criteria, which could adversely affect our ratings. Finally, rating agencies or
regulators could increase capital requirements for the Company or its
subsidiaries, which in turn could negatively affect our financial position as
well.
As customers and their advisors place importance on our financial strength
ratings, we may lose customers and compete less successfully if we are
downgraded. In addition, ratings impact our ability to attract investment
capital on favorable terms. If our financial strength ratings are reduced from
their current levels by A.M. Best, Moody's, or S&P, our cost of borrowing would
likely increase, our sales and earnings could decrease and our results of
operations and financial condition could be materially adversely affected.
As of December 31, 2008, contracts representing approximately 19% of the
Company's net earned premiums contain provisions requiring the Company to
maintain minimum A.M. Best financial strength ratings of "A-" or better. The
Company's clients may terminate the agreements and in some instances recapture
inforce business if the Company's ratings fall below "A-".
OUR EARNINGS COULD BE MATERIALLY AFFECTED BY AN IMPAIRMENT OF GOODWILL.
If we experience a decline in our results of operations and cash flows, or other
indicators of impairment exist, we may incur a material non-cash charge to
earnings relating to impairment of our goodwill, which could have a material
adverse effect on our results.
Union Security Life is also subject to additional risks associated with our
business. These risks include, among others:
- - RELIANCE ON RELATIONSHIPS WITH SIGNIFICANT CLIENTS, DISTRIBUTORS AND OTHER
PARTIES. If our significant clients, distributors and other parties with
which we do business decline to renew or seek to terminate our relationships
or contractual arrangements, our results of operations and financial
condition could be materially adversely affected. We are also subject to the
risk that these parties may face financial difficulties, reputational issues
or problems with respect to their own products and services, which may lead
to decreased sales of products and services.
- - FAILURE TO ATTRACT AND RETAIN SALES REPRESENTATIVES OR DEVELOP AND MAINTAIN
DISTRIBUTION SOURCES. Our sales representatives interface with clients and
third party distributors. Our inability to attract and retain our sales
representatives or an interruption in, or changes to, our relationships with
various third-party distributors could impair our ability to compete and
market our insurance products and services and materially adversely affect
our results of operations and financial condition. In addition, our ability
to market our products and services depends on our ability to tailor our
channels of distribution to comply with changes in the regulatory
environment.
- - FAILURE TO ACCURATELY PREDICT BENEFITS AND OTHER COSTS AND CLAIMS. We may
be unable to accurately predict benefits, claims and other costs or to
manage such costs through our loss limitation methods, which could have a
material adverse effect on our results of operations and financial condition
if claims substantially exceed our expectations.
- - CHANGES IN REGULATION. Legislation or other regulatory reform that
increases the regulatory requirements imposed on us or that changes the way
we are able to do business may significantly harm our business or results of
operations in the future.
- - REINSURERS' FAILURE TO FULFILL OBLIGATIONS. In the past, we have sold, and
in the future we may sell, businesses through reinsurance ceded to third
parties. For example, in 2001 we sold the insurance operations of our FFG
division to The Hartford and in 2000 we sold our Long Term Care ("LTC")
division to John Hancock Life Insurance Company ("John Hancock"), now a
subsidiary of Manulife Financial Corporation. Most of the general account
assets backing reserves coinsured under these sales are held in trusts or
separate accounts. However, if the reinsurers became insolvent, we would be
exposed to the risk that the assets in the trust and for the separate
accounts would be insufficient to support the liabilities that would revert
to us.
Similarly, we are also dependent on the financial condition of our reinsurers as
it affects their ability to fund the trusts. A.M. Best recently placed a
negative outlook on the issuer credit ratings and financial strength ratings of
each of The Hartford and John Hancock.
<Page>
46 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
- -------------------------------------------------------------------------------
We also have the risk of becoming responsible for administering these businesses
in the event of reinsurer insolvency. We do not currently have the
administrative systems and capabilities to process this business. Accordingly,
we would need to obtain those capabilities in the event of an insolvency of one
or more of the reinsurers of these businesses. We might be forced to obtain such
capabilities on unfavorable terms with a resulting material adverse effect on
our results of operations and financial condition.
- - RISKS RELATED TO LITIGATION AND REGULATORY ACTIONS. From time to time we
may be involved in various regulatory investigations and examinations
relating to our insurance and other related business operations. We are
subject to comprehensive regulation and oversight by insurance departments
in jurisdictions in which we do business. These insurance departments have
broad administrative powers with respect to all aspects of the insurance
business and, in particular, monitor the manner in which an insurance
company offers, sells and administers its products. Therefore, we may from
time to time be subject to a variety of legal and regulatory actions
relating to our current and past business operations and practices.
The prevalence and outcomes of any such actions cannot be predicted, and no
assurances can be given that such actions or any litigation would not materially
adversely affect our results of operations and financial condition. In addition,
if we were to experience difficulties with our relationship with a regulatory
body in a given jurisdiction, it could have a material adverse effect on our
ability to do business in that jurisdiction.
One particular area of focus which has affected our parent, Assurant, has been
the accounting treatment for finite reinsurance or other non-traditional or loss
mitigation insurance products. For specific details, please see the Risk Factor
entitled "OUR BUSINESS IS SUBJECT TO RISKS RELATED TO LITIGATION AND REGULATORY
ACTIONS" in our parent's Annual Report on Form 10-K, which we incorporate by
reference herein. Some state regulators have made routine inquiries to some of
Assurant's insurers regarding finite reinsurance. We depend on our parent,
Assurant, for certain administrative, strategic and operational support. We
cannot predict at this time the effect that current litigation, investigations
and regulatory activity will have on Assurant or our business, but any adverse
outcome could have a material adverse affect on our business, results of
operations or financial condition.
For additional risks that relate to our business and additional detail on the
risks outlined above, we incorporate by reference the Risk Factors in Assurant's
Annual Report on Form 10-K filed with the SEC and available on Assurant's
website at www.assurant.com.
ITEM 1B. UNRESOLVED STAFF COMMENTS
None.
ITEM 2. PROPERTIES
We lease office space in Fayetteville, New York that serves as our headquarters.
We also lease office space in New York City that serves as our sales office. We
believe that our leased properties are adequate for our current business
operations.
ITEM 3. LEGAL PROCEEDINGS
The Company is involved in litigation in the ordinary course of business, both
as a defendant and as a plaintiff. We may from time to time be subject to a
variety of legal and regulatory actions relating to our current and past
business operations. While the Company cannot predict the outcome of any pending
or future litigation, examination or investigation and although no assurances
can be given, the Company does not believe that any pending matter will have a
material adverse effect on our financial condition or results of operations.
ITEM 4. SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS
Not required under reduced disclosure format.
PART II
ITEM 5. MARKET FOR REGISTRANT'S COMMON EQUITY, RELATED STOCKHOLDER MATTERS AND
ISSUER PURCHASES OF EQUITY SECURITIES
There is no public trading market for our common stock. As of February 17, 2009,
we had 100,000 shares of common stock outstanding, all of which are owned
directly by Assurant. We have no equity compensation plan. We paid $4,303,
$12,000, and $10,000 in dividends to our stockholder in 2008, 2007 and 2006,
respectively.
ITEM 6. SELECTED FINANCIAL DATA
Not required under reduced disclosure format.
ITEM 7. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS
OF OPERATION
The following discussion and analysis of our financial condition and results of
operations should be read in conjunction with our financial statements and
accompanying notes which appear elsewhere in this report. It contains
forward-looking statements that involve risks and uncertainties. Please see
"Forward-Looking Statements" and "Risk Factors" for more information. Our actual
results could differ materially from those anticipated in these forward-looking
statements as a result of various factors, including those discussed elsewhere
in this report, particularly under the headings "Item 1A-Risk Factors" and
"Forward-Looking Statements".
<Page>
UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 47
- -------------------------------------------------------------------------------
The table below presents information regarding our results of operations:
<Table>
<Caption>
FOR THE YEARS ENDED
DECEMBER 31,
2008 2007
- ---------------------------------------------------------------------------------------------------------------
REVENUES:
Net earned premiums and other considerations (2) $64,853 $60,212
Net investment income 8,810 9,096
Net realized losses on investments (6,073) (873)
Amortization of deferred gains on disposal of businesses 744 842
Fees and other income 80 70
-------- ---------
Total revenues 68,414 69,347
-------- ---------
BENEFITS, LOSSES AND EXPENSES:
Policyholder benefits (2) 39,627 40,690
Selling, underwriting and general expenses (1) 18,590 17,040
-------- ---------
Total benefits, losses and expenses 58,217 57,730
-------- ---------
INCOME BEFORE PROVISION FOR INCOME TAXES 10,197 11,617
Provision for income taxes 3,815 3,957
-------- ---------
NET INCOME $6,382 $7,660
- ---------------------------------------------------------------------------------------------------------------
</Table>
(1) Includes amortization of deferred acquisition costs ("DAC") and
underwriting, general and administrative expenses.
(2) Includes single premium on closed blocks of group disability business. For
closed blocks of business we receive a single, upfront premium and in turn
we record a virtually equal amount of claim reserves. We then manage the
claims using our claim management practices.
The following discussion provides a general overall analysis of the consolidated
results for the twelve months ended December 31, 2008 ("Twelve Months 2008") and
twelve months ended December 31, 2007 ("Twelve Months 2007"). Please see the
discussion that follows for a more detailed analysis of the fluctuations.
YEAR ENDED DECEMBER 31, 2008 COMPARED TO THE YEAR ENDED DECEMBER 31, 2007
NET INCOME
Net income decreased $1,278, or 17%, to $6,382 for Twelve Months 2008 from
$7,660 for Twelve Months 2007. The decrease in net income was primarily due to
an increase in net realized losses on investments driven by the write-down of
other-than-temporary impairments of $3,311 (after-tax) in 2008 compared to $417
(after-tax) in 2007. This was partially offset by favorable experience in the
disability business in 2008 compared to 2007.
TOTAL REVENUES
Total revenues decreased $933, or 1%, to $68,414 for Twelve Months 2008 from
$69,347 for Twelve Months 2007. This decrease was primarily due to the
write-down of other-than-temporary impairments in our investment portfolio of
$5,094 in 2008 compared to $641 in 2007 and the continued decline of our
domestic credit business. This was partially offset by an increase in assumed
single premiums on closed blocks of business, net of reinsurance, to $9,250 in
2008 from $4,059 in 2007.
TOTAL BENEFITS, LOSSES AND EXPENSES
Total benefits, losses and expenses increased $487, or 1%, to $58,217 for Twelve
Months 2008 from $57,730 for Twelve Months 2007. This increase was primarily due
to assumed single premiums on closed blocks of business, net of reinsurance, as
$9,250 was recorded in 2008 compared to $4,059 in 2007, and a $900 fine from the
New York Department of Insurance related to a recent financial and market
conduct exam. This was partially offset by favorable experience in the
disability business in 2008 compared to 2007.
INCOME TAXES
Income taxes decreased $142, or 4%, to $3,815 for Twelve Months 2008 from $3,957
for Twelve Months 2007. The change in income taxes was not proportionate to
pretax income primarily due a permanent tax difference related to a fine
assessed by the New York Department of Insurance related to a recent financial
and market conduct exam and a valuation allowance against deferred tax assets,
which is primarily attributable to capital losses resulting from dispositions of
investments.
ITEM 7A. QUANTITATIVE AND QUALITATIVE DISCLOSURES ABOUT MARKET RISK
As a provider of insurance products, effective risk management is fundamental to
our ability to protect both our customers' and our stockholder's interests. We
are exposed to potential loss from various market risks, in particular interest
rate risk, credit risk and inflation risk.
Interest rate risk is the possibility that the fair value of liabilities will
change more or less than the market value of investments in response to changes
in interest rates, including changes in the
<Page>
48 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
- -------------------------------------------------------------------------------
slope or shape of the yield curve and changes in spreads due to credit risks and
other factors.
Credit risk is the possibility that counterparties may not be able to meet
payment obligations when they become due. We assume counterparty credit risk in
many forms. A counterparty is any person or entity from which cash or other
forms of consideration are expected to extinguish a liability or obligation to
us. Primarily, our credit risk exposure is concentrated in our fixed income
securities portfolio and, to a lesser extent, in our reinsurance recoverables.
Inflation risk is the possibility that a change in domestic price levels
produces an adverse effect on earnings. This typically happens when only one of
invested assets or liabilities is indexed to inflation.
INTEREST RATE RISK
Interest rate risk arises as we invest substantial funds in interest-sensitive
fixed income assets, such as fixed maturity investments, mortgage-backed and
asset-backed securities and commercial mortgage loans. There are two forms of
interest rate risk -- price risk and reinvestment risk. Price risk occurs when
fluctuations in interest rates have a direct impact on the market valuation of
these investments. As interest rates rise, the market value of these investments
falls, and conversely, as interest rates fall, the market value of these
investments rises. Reinvestment risk occurs when fluctuations in interest rates
have a direct impact on expected cash flows from mortgage-backed and
asset-backed securities. As interest rates fall, an increase in prepayments on
these assets results in earlier than expected receipt of cash flows forcing us
to reinvest the proceeds in an unfavorable lower interest rate environment.
Conversely as interest rates rise, a decrease in prepayments on these assets
results in later than expected receipt of cash flows forcing us to forgo
reinvesting in a favorable higher interest rate environment. As of December 31,
2008, we held $91,618 of fixed maturity securities at fair market value and
$28,396 of commercial mortgages at amortized cost for a combined total of 89% of
total invested assets. As of December 31, 2007, we held $104,156 of fixed
maturity securities at fair market value and $30,746 of commercial mortgages at
amortized cost for a combined total of 93% of total invested assets.
We expect to manage interest rate risk by selecting investments with
characteristics such as duration, yield, currency and liquidity tailored to the
anticipated cash outflow characteristics of our insurance and reinsurance
liabilities.
Our group long term disability reserves are also sensitive to interest rates.
Group long-term disability and group term life waiver of premium reserves are
discounted to the valuation date at the valuation interest rate. The valuation
interest rate is determined by taking into consideration actual and expected
earned rates on our asset portfolio.
The interest rate sensitivity relating to price risk of our fixed maturity
security assets is assessed using hypothetical scenarios that assume several
positive and negative parallel shifts of the yield curves. We have assumed that
the United States and Canadian yield curve shifts are of equal direction and
magnitude. The individual securities are repriced under each scenario using a
valuation model. For investments such as callable bonds and mortgage-backed and
asset-backed securities, a prepayment model was used in conjunction with a
valuation model. Our actual experience may differ from the results noted below
particularly due to assumptions utilized or if events occur that were not
included in the methodology. The following table summarizes the results of this
analysis for bonds, mortgage-backed and asset-backed securities held in our
investment portfolio:
INTEREST RATE MOVEMENT ANALYSIS
OF MARKET VALUE OF FIXED MATURITY SECURITIES INVESTMENT PORTFOLIO
AS OF DECEMBER 31, 2008
<Table>
<Caption>
-100 -50 0 50 100
- ---------------------------------------------------------------------------------------------------------------------------------
Total market value $97,532 $94,553 $91,618 $88,801 $86,076
% Change in market value from base case 6.45% 3.20% --% -3.08% -6.05%
$ Change in market value from base case $5,914 $2,935 $ -- $-2,817 $-5,542
</Table>
CREDIT RISK
We have exposure to credit risk primarily from our customers, as a holder of
fixed income securities and by entering into reinsurance cessions.
Our risk management strategy and investment policy is to invest in debt
instruments of high credit quality issuers and to limit the amount of credit
exposure with respect to any one issuer. We attempt to limit our credit exposure
by imposing fixed maturity portfolio limits on individual issuers based upon
credit quality. Currently our portfolio limits are 1.5% for issuers rated AA-
and above, 1% for issuers rated A- to A+, 0.75% for issuers rated BBB- to BBB+
and 0.38% for issuers rated BB- to BB+. These portfolio limits are further
reduced for certain issuers with whom we have credit exposure on reinsurance
agreements. We use the lower of Moody's or Standard & Poor's ratings to
determine an issuer's rating.
We are also exposed to the credit risk of our reinsurers. When we reinsure, we
are still liable to our insureds regardless of whether we get reimbursed by our
reinsurer. As part of our overall risk and capacity management strategy, we
purchase reinsurance for certain risks that we underwrite.
For at least 50% of our $109,131 of reinsurance recoverables at December 31,
2008, we are protected from the credit risk by using various types of risk
mitigation mechanisms such as trusts, letters of credit or by withholding the
assets in a modified coinsurance or co-funds-withheld arrangement. For example,
reserves of $59,063 as of December 31, 2008 relating
<Page>
UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 49
- -------------------------------------------------------------------------------
to a large coinsurance arrangement with John Hancock related to a sale of
business are held in trusts. If the value of the assets in these trusts falls
below the value of the associated liabilities, John Hancock, as the case may be,
will be required to put more assets in the trusts. We may be dependent on the
financial condition of John Hancock. A.M. Best recently placed a negative
outlook on the issuer credit and financial strength ratings of John Hancock. For
recoverables that are not protected by these mechanisms, we are dependent solely
on the credit of the reinsurer. Occasionally, the credit worthiness of the
reinsurer becomes questionable. See "Item 1A -- Risk Factors -- Reinsurers'
Failure to Fulfill Obligations" for further information. A majority of our
reinsurance exposure has been ceded to companies rated A- or better by A.M.
Best.
INFLATION RISK
Inflation risk arises as we invest substantial funds in nominal assets which are
not indexed to the level of inflation, whereas the underlying liabilities are
indexed to the level of inflation. We have inflation risk in our individual and
small employer group health insurance businesses to the extent that medical
costs increase with inflation and we have not been able to increase premiums to
keep pace with inflation.
<Page>
50 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
- -------------------------------------------------------------------------------
TABLE OF CONTENTS TO STATEMENT OF ADDITIONAL INFORMATION
<Table>
GENERAL INFORMATION
Safekeeping of Assets
Experts
Independent Registered Public Accounting Firm
Non-Participating
Misstatement of Age or Sex
Principal Underwriter
PERFORMANCE RELATED INFORMATION
Total Return for all Sub-Accounts
Yield for Sub-Accounts
Money Market Sub-Accounts
Additional Materials
Performance Comparisons
FINANCIAL STATEMENTS
</Table>
<Page>
UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 51
- -------------------------------------------------------------------------------
APPENDIX I -- SAMPLE MARKET VALUE ADJUSTMENT CALCULATIONS
We will determine the Market Value Adjustment by multiplying the General Account
value that is withdrawn or transferred from the existing Guarantee Period (after
deduction of any applicable surrender charge) by the following factor:
[(1 + I)/(1 + J + .0025)] TO THE POWER OF N/12 - 1
where,
- - I is the guaranteed interest rate we credit to the general account value
that is withdrawn or transferred from the existing Guarantee Period.
- - J is the guaranteed interest rate we are then offering for new Guarantee
Periods with durations equal to the number of years remaining in the
existing Guarantee Period (rounded up to the next higher number of years).
- - N is the number of months remaining in the existing Guarantee Period
(rounded up to the next higher number of months).
SAMPLE CALCULATION 1: POSITIVE ADJUSTMENT
<Table>
Amount withdrawn or transferred $10,000
Existing Guarantee Period 7 Years
Time of withdrawal or transfer Beginning of 3rd year of Existing Guarantee Period
Guaranteed Interest Rate (I) 8%*
Guaranteed Interest Rate for new 5-year guarantee (J) 7%*
Remaining Guarantee Period (N) 60 months
Market Value Adjustment: = $10,000 x [[(1 + .08)/(1 + .07 + .0025)]TO THE POWER OF
60/12 -1]
= $354.57
</Table>
Amount transferred or withdrawn (adjusted for Market Value Adjustment):
$10,354.57
SAMPLE CALCULATION 2: NEGATIVE ADJUSTMENT
<Table>
Amount withdrawn or transferred $10,000
Existing Guarantee Period 7 Years
Time of withdrawal or transfer Beginning of 3rd year of Existing Guarantee Period
Guaranteed Interest Rate (I) 8%*
Guaranteed Interest Rate for new 5-year guarantee (J) 9%*
Remaining Guarantee Period (N) 60 months
Market Value Adjustment: = $10,000 x [[(1 + .08)/(1 + .09 + .0025)]TO THE POWER OF
60/12 -1]
= -$559.14
</Table>
Amount transferred or withdrawn (adjusted for Market Value Adjustment):
$9,440.86
SAMPLE CALCULATION 3: NEGATIVE ADJUSTMENT
<Table>
Amount withdrawn or transferred $10,000
Existing Guarantee Period 7 Years
Time of withdrawal or transfer Beginning of 3rd year of Existing Guarantee Period
Guaranteed Interest Rate (I) 8%*
Guaranteed Interest Rate for new 5-year guarantee (J) 7.75%*
Remaining Guarantee Period (N) 60 months
Market Value Adjustment: = $10,000 x [[(1 + .08)/(1 + .0775 + .0025)]TO THE POWER OF
60/12 -1]
= 0
</Table>
Amount transferred or withdrawn (adjusted for Market Value Adjustment): $10,000
<Page>
52 UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
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SAMPLE CALCULATION 4: NEUTRAL ADJUSTMENT
<Table>
Amount withdrawn or transferred: $10,000
Existing Guarantee Period: 7 years
Time of withdrawal or transfer Beginning of 3rd year of Existing Guarantee Period
Guaranteed Interest Rate (I) 8%*
Guaranteed Interest Rate for new 5 year guarantee (J) 8%*
Remaining Guarantee Period (N) 60 months
Market Value Adjustment = $10,000 x [[(1 + .08)/(1 + .08 + .0025)]TO THE POWER OF 60/12
-1]
= -$114.94
</Table>
Amount transferred or withdrawn (adjusted for Market Value Adjustment): $
9,885.06
* Assumed for illustrative purposes only.
<Page>
UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK 53
- -------------------------------------------------------------------------------
APPENDIX II -- INVESTMENTS BY UNION SECURITY
Fortis' legal obligations with respect to the Guarantee Periods are supported by
our general account assets. These general account assets also support our
obligations under other insurance and annuity contracts. Investments purchased
with amounts allocated to the Guarantee Periods are the property of Union
Security, and you have no legal rights in such investments. Subject to
applicable law, we have sole discretion over the investment of assets in our
general account. Neither our general account nor the Guarantee Periods are
subject to registration under the Investment Company Act of 1940.
We will invest amounts in our general account in compliance with applicable
state insurance laws and regulations concerning the nature and quality of
investments for the general account. Within specified limits and subject to
certain standards and limitations, these laws generally permit investment in:
- - federal, state and municipal obligations,
- - preferred and common stocks,
- - corporate bonds,
- - real estate mortgages and mortgage backed securities,
- - real estate, and
- - certain other investments, including various derivative investments.
See the Financial Statements for information on our investments.
When we establish guaranteed interest rates, we will consider the available
return on the instruments in which we invest amounts allocated to the general
account. However, this return is only one of many factors we consider when we
establish the guaranteed interest rates. See "Guarantee Periods."
Generally, we expect to invest amounts allocated to the Guarantee Periods in
debt instruments. We expect that these debt instruments will approximately match
our liabilities with regard to the Guarantee Periods. We also expect that these
debt instruments will primarily include:
(1) securities issued by the United States Government or its agencies or
instrumentalities. These securities may or may not be guaranteed by the
United States Government;
(2) debt securities that, at the time of purchase, have an investment grade
within the four highest grades assigned by Moody's Investors Services, Inc.
("Moody's"), Standard & Poor's Corporation ("Standard & Poor's"), or any
other nationally recognized rating service. Moody's four highest grades
are: Aaa, Aa, A, and Baa. Standard & Poor's four highest grades are: AAA,
AA, A, and BBB;
(3) other debt instruments including, but not limited to, issues of, or
guaranteed by, banks or bank holding companies and corporations. Although
not rated by Moody's or Standard & Poor's, we deem these obligations to
have an investment quality comparable to securities that may be purchased
as stated above;
(4) other evidences of indebtedness secured by mortgages or deeds of trust
representing liens upon real estate.
Except as required by applicable state insurance laws and regulations, we are
not obligated to invest amounts allocated to the general account according to
any particular strategy.
The Contracts are reinsured by Hartford Life Insurance Company. As part of this
reinsurance arrangement, the assets supporting the General Account under the
Contracts are held by Union Security; however, these assets are managed by
Hartford Investment Management Company ("HIMCO"), an affiliate of Hartford Life
and Annuity Insurance Company. HIMCO generally invests those assets as described
above for the Contract General Account related investments of Union Security.
<Page>
To obtain a Statement of Additional Information, please complete the form below
and mail to:
Union Security Life Insurance Company of New York
c/o Hartford Life Insurance Company
P.O. Box 5085
Hartford, Connecticut 06102-5085
Please send a Statement of Additional Information for TD Waterhouse Variable
Annuity to me at the following address:
- ----------------------------------------------------------------
Name
- ----------------------------------------------------------------
Address
- ----------------------------------------------------------------
City/State Zip Code
<Page>
UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
2008 ANNUAL REPORT
For the fiscal year ended December 31, 2008
with Report of Independent Registered Public Accounting Firm
<Page>
UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
FINANCIAL STATEMENTS
DECEMBER 31, 2008
CONTENTS
<Table>
Report of Independent Registered Public Accounting Firm F-2
Balance Sheets F-3
Statements of Operations F-4
Statements of Changes in Shareholder's Equity F-5
Statements of Cash Flows F-6
Notes to Financial Statements F-7
</Table>
F-1
<Page>
REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
To the Board of Directors and Stockholder of
Union Security Life Insurance Company of New York:
In our opinion, the accompanying balance sheets and the related statements of
operations, changes in stockholder's equity and cash flows present fairly, in
all material respects, the financial position of Union Security Life Insurance
Company of New York (the "Company"), a direct wholly-owned subsidiary of
Assurant, Inc. at December 31, 2008 and 2007, and the results of its operations
and its cash flows for each of the three years in the period ended December 31,
2008 in conformity with accounting principles generally accepted in the United
States of America. These financial statements are the responsibility of the
Company's management; our responsibility is to express an opinion on these
financial statements based on our audits. We conducted our audits of these
statements in accordance with standards of the Public Company Accounting
Oversight Board (United States), which 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,
assessing the accounting principles used and significant estimates made by
management, and evaluating the overall financial statement presentation. We
believe that our audits provide a reasonable basis for our opinion.
/s/ PricewaterhouseCoopers LLP
New York, New York
March 3, 2009
F-2
<Page>
Union Security Life Insurance CF-3
OMPANY OF NEW YORK
BALANCE SHEETS
AT DECEMBER 31, 2008 AND 2007
<Table>
<Caption>
DECEMBER 31,
2008 DECEMBER 31,
2007
(IN THOUSANDS EXCEPT PER
SHARE AND SHARE AMOUNTS)
- ---------------------------------------------------------------------------------------------------------------
ASSETS
Investments:
Fixed maturities available for sale, at fair value
(amortized cost -- $96,386 in 2008 and $101,129 in 2007) $91,618 $104,156
Equity securities available for sale, at fair value (cost
-- $8,483 in 2008 and $8,940 in 2007) 6,636 7,811
Commercial mortgage loans on real estate, at amortized cost 28,396 30,746
Policy loans 73 104
Short-term investments 6,870 588
Other investments 1,829 2,191
----------- -----------
TOTAL INVESTMENTS 135,422 145,596
----------- -----------
Cash and cash equivalents 11,319 4,016
Premiums and accounts receivable, net 2,962 3,373
Reinsurance recoverables 109,131 106,821
Accrued investment income 1,516 1,546
Tax receivable 65 2,671
Deferred acquisition costs 923 1,037
Deferred income taxes, net 4,778 1,055
Goodwill 2,038 2,038
Other assets 108 84
Assets held in separate accounts 13,145 20,331
----------- -----------
TOTAL ASSETS $281,407 $288,568
----------- -----------
LIABILITIES
Future policy benefits and expenses $52,837 $47,004
Unearned premiums 9,791 9,722
Claims and benefits payable 141,692 142,595
Commissions payable 4,682 4,425
Reinsurance balances payable 714 1,361
Funds held under reinsurance 68 75
Deferred gains on disposal of businesses 3,668 4,412
Accounts payable and other liabilities 4,715 5,068
Due to affiliates 406 432
Liabilities related to separate accounts 13,145 20,331
----------- -----------
TOTAL LIABILITIES 231,718 235,425
----------- -----------
COMMITMENTS AND CONTINGENCIES (NOTE 16)
STOCKHOLDER'S EQUITY
Common stock, par value $20 per share, 100,000 shares
authorized, issued, and outstanding 2,000 2,000
Additional paid-in capital 43,006 43,006
Retained earnings 8,982 6,903
Accumulated other comprehensive (loss) income (4,299) 1,234
----------- -----------
TOTAL STOCKHOLDER'S EQUITY 49,689 53,143
----------- -----------
TOTAL LIABILITIES AND STOCKHOLDER'S EQUITY $281,407 $288,568
----------- -----------
</Table>
SEE THE ACCOMPANYING NOTES TO THE FINANCIAL STATEMENTS
<Page>
UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
STATEMENTS OF OPERATIONS
YEARS ENDED DECEMBER 31, 2008, 2007 AND 2006
<Table>
<Caption>
YEARS ENDED
DECEMBER 31,
2008 2007 2006
(IN THOUSANDS)
- ------------------------------------------------------------------------------------------------------------
REVENUES
Net earned premiums and other considerations $64,853 $60,212 $61,338
Net investment income 8,810 9,096 9,175
Net realized losses on investments (6,073) (873) (173)
Amortization of deferred gains on disposal of businesses 744 842 200
Fees and other income 80 70 47
--------- --------- ---------
TOTAL REVENUES 68,414 69,347 70,587
--------- --------- ---------
BENEFITS, LOSSES AND EXPENSES
Policyholder benefits 39,627 40,690 32,284
Amortization of deferred acquisition costs 1,444 1,432 1,084
Underwriting, general and administrative expenses 17,146 15,608 16,697
--------- --------- ---------
TOTAL BENEFITS, LOSSES AND EXPENSES 58,217 57,730 50,065
--------- --------- ---------
Income before provision for income taxes 10,197 11,617 20,522
Provision for income taxes 3,815 3,957 7,081
--------- --------- ---------
NET INCOME $6,382 $7,660 $13,441
--------- --------- ---------
</Table>
SEE THE ACCOMPANYING NOTES TO THE FINANCIAL STATEMENTS
F-4
<Page>
UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
STATEMENTS OF CHANGES IN STOCKHOLDER'S EQUITY
YEARS ENDED DECEMBER 31, 2008, 2007 AND 2006
<Table>
<Caption>
ACCUMULATED
OTHER
ADDITIONAL COMPREHENSIVE
COMMON PAID-IN INCOME (LOSS)
STOCK CAPITAL RETAINED
EARNINGS TOTAL
(IN THOUSANDS)
- ---------------------------------------------------------------------------------------------------------------------------------
Balance, January 1, 2006 $2,000 $43,006 $7,948 $3,489 $56,443
Dividends -- -- (10,000) -- (10,000)
Comprehensive income:
Net income -- -- 13,441 -- 13,441
Other comprehensive loss:
Net change in unrealized gains
on securities, net of taxes -- -- -- (1,135) (1,135)
---------
Total comprehensive income 12,306
------- --------- --------- -------- ---------
BALANCE, DECEMBER 31, 2006 2,000 43,006 11,389 2,354 58,749
Dividends -- -- (12,000) -- (12,000)
Cumulative effect of change in
accounting principle (146) (146)
Comprehensive income:
Net income -- -- 7,660 -- 7,660
Other comprehensive loss:
Net change in unrealized gains
on securities, net of taxes -- -- -- (1,120) (1,120)
---------
Total comprehensive income 6,540
------- --------- --------- -------- ---------
BALANCE, DECEMBER 31, 2007 2,000 43,006 6,903 1,234 53,143
Dividends -- -- (4,303) -- (4,303)
Comprehensive income:
Net income -- -- 6,382 -- 6,382
Other comprehensive loss:
Net change in unrealized gains
on securities, net of taxes -- -- -- (5,533) (5,533)
---------
Total comprehensive income 849
------- --------- --------- -------- ---------
BALANCE, DECEMBER 31, 2008 $2,000 $43,006 $8,982 $(4,299) $49,689
------- --------- --------- -------- ---------
</Table>
SEE THE ACCOMPANYING NOTES TO THE FINANCIAL STATEMENTS
F-5
<Page>
UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
STATEMENTS OF CASH FLOWS
YEARS ENDED DECEMBER 31, 2008, 2007 AND 2006
<Table>
<Caption>
YEARS ENDED DECEMBER 31,
2008 2007 2006
(IN THOUSANDS)
- ------------------------------------------------------------------------------------------------------------
OPERATING ACTIVITIES
Net income $6,382 $7,660 $13,441
Adjustments to reconcile net income to net cash provided by
operating activities:
Change in reinsurance recoverables (2,310) (5,538) (6,623)
Change in premiums and accounts receivable 409 12 303
Change in deferred acquisition costs 114 (74) 249
Change in accrued investment income 30 35 24
Change in insurance policy reserves and expenses 4,999 9,081 5,294
Change in accounts payable and other liabilities 151 (1,113) 2,880
Change in commissions payable 257 (209) 171
Change in reinsurance balances payable (647) 847 (2,082)
Change in funds held under reinsurance (7) (1) (7)
Amortization of deferred gains on disposal of businesses (744) (842) (200)
Change in income taxes 1,862 (286) (25)
Net realized losses on investments 6,073 873 173
Other (13) (58) 135
--------- --------- ---------
NET CASH PROVIDED BY OPERATING ACTIVITIES 16,556 10,387 13,733
--------- --------- ---------
INVESTING ACTIVITIES
Sales of:
Fixed maturities available for sale 19,499 19,739 12,994
Equity securities available for sale 2,921 3,081 3,812
Maturities, prepayments, and scheduled redemption of:
Fixed maturities available for sale 5,886 6,289 8,635
Purchase of:
Fixed maturities available for sale (24,454) (19,089) (15,827)
Equity securities available for sale (5,263) (3,093) (4,342)
Change in commercial mortgage loans on real estate 2,350 (9,060) (7,690)
Change in short-term investments (6,282) 1,813 940
Change in other invested assets 362 333 504
Change in policy loans 31 16 (22)
--------- --------- ---------
NET CASH (USED IN) PROVIDED BY INVESTING ACTIVITIES (4,950) 29 (996)
--------- --------- ---------
FINANCING ACTIVITIES
Dividends paid (4,303) (12,000) (10,000)
--------- --------- ---------
NET CASH USED IN FINANCING ACTIVITIES (4,303) (12,000) (10,000)
--------- --------- ---------
Change in cash and cash equivalents 7,303 (1,584) 2,737
Cash and cash equivalents at beginning of year 4,016 5,600 2,863
--------- --------- ---------
Cash and cash equivalents at end of year $11,319 $4,016 $5,600
--------- --------- ---------
Supplemental information:
Income taxes paid, net of refunds $1,952 $4,243 $7,107
</Table>
SEE THE ACCOMPANYING NOTES TO THE FINANCIAL STATEMENTS
F-6
<Page>
UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
NOTES TO FINANCIAL STATEMENTS
DECEMBER 31, 2008, 2007 AND 2006
(IN THOUSANDS EXCEPT SHARE DATA)
- --------------------------------------------------------------------------------
1. NATURE OF OPERATIONS
Union Security Life Insurance Company of New York (the "Company") is a provider
of life insurance products including group disability insurance, group dental
insurance, group life insurance and credit insurance. The Company is a
wholly-owned subsidiary of Assurant, Inc. (the "Parent"). The Parent's common
stock is traded on the New York Stock Exchange under the symbol AIZ.
The Company is domiciled in New York and is qualified to sell life, health and
annuity insurance in the state of New York.
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
BASIS OF PRESENTATION
The financial statements have been prepared in accordance with accounting
principles generally accepted in the United States of America ("GAAP"). Amounts
are presented in United States of America ("U.S.") dollars and all amounts are
in thousands, except for number of shares.
USE OF ESTIMATES
The preparation of financial statements in conformity with GAAP requires
management to make estimates and assumptions that affect the reported amounts of
assets and liabilities. The items on the Company's balance sheet affected by the
use of estimates include, but are not limited to, investments, premiums and
accounts receivable, reinsurance recoverables, deferred acquisition costs
("DAC"), deferred income taxes and associated valuation allowances, goodwill,
future policy benefits and expenses, unearned premiums, claims and benefits
payable, deferred gain on disposal of businesses, and commitments and
contingencies. The estimates are sensitive to market conditions, investment
yields, mortality, morbidity, commissions and other acquisition expenses,
policyholder behavior and other factors. Actual results could differ from the
estimates reported. The Company believes the amounts reported are reasonable and
adequate.
COMPREHENSIVE (LOSS) INCOME
Comprehensive (loss) income is comprised of net income and net unrealized gains
and losses on securities classified as available for sale, less deferred income
taxes.
RECLASSIFICATIONS
Certain prior period amounts have been reclassified to conform to the 2008
presentation.
REVENUE RECOGNITION
The Company recognizes revenue when realized or realizable and earned. Revenue
generally is realized or realizable and earned when persuasive evidence of an
arrangement exists, services have been rendered, the price is fixed or
determinable and collectibility is reasonably assured.
FAIR VALUE
The Company uses an exit price for its fair value measurements. An exit price is
defined as the amount received to sell an asset or paid to transfer a liability
in an orderly transaction between market participants at the measurement date.
In measuring fair value, the Company gives the highest priority to unadjusted
quoted prices in active markets for identical assets or liabilities and the
lowest priority to unobservable inputs.
INVESTMENTS
Fixed maturity and equity securities are classified as available-for-sale, as
defined in Statement of Financial Accounting Standards ("FAS") No. 115,
Accounting for Certain Investments in Debt and Equity Securities ("FAS 115"),
and reported at fair value. If the fair value is higher than the amortized cost
for fixed maturity securities or the purchase cost for equity securities, the
excess is an unrealized gain; and, if lower than cost, the difference is an
unrealized loss. The net unrealized gains and losses, less deferred income
taxes, are included in accumulated other comprehensive (loss) income.
Commercial mortgage loans on real estate are reported at unpaid balances,
adjusted for amortization of premium or discount, less allowance for losses. The
allowance is based on management's analysis of factors including actual loan
loss experience, specific events based on geographical, political or economic
conditions, industry experience and individually impaired loan loss analysis. A
loan is considered individually impaired when it becomes probable the Company
will be unable to collect all amounts due, including principal and interest.
Changes in the allowance for loan losses are recorded in net realized (losses)
gains on investments.
F-7
<Page>
Policy loans are reported at unpaid principal balances, which do not exceed the
cash surrender value of the underlying policies.
Short-term investments include all investment cash and short maturity
investments. These amounts are reported at cost, which approximates fair value.
Other investments consist primarily of investments in certified capital
companies ("CAPCOs"). The Company's CAPCOs consist of debt instruments that are
recorded at amortized cost, which approximates fair value.
The Company monitors its investment portfolio to identify investments that may
be other than temporarily impaired. In addition, securities whose market price
is equal to 80% or less of their original purchase price or which had a discrete
credit event resulting in the debtor defaulting or seeking bankruptcy protection
are added to a potential write-down list, which is discussed at quarterly
meetings attended by members of the Company's investment, accounting and finance
departments. Any security whose price decrease is deemed other-than-temporary is
written down to its then current market level with the amount of the write-down
reported as a realized loss in that period. Assessment factors include, but are
not limited to, the length of time and the extent to which the market value has
been less than cost, the financial condition and rating of the issuer, whether
any collateral is held and the intent and ability of the Company to retain the
investment for a period of time sufficient to allow for recovery. Realized gains
and losses on sales of investments are recognized on the specific identification
basis.
Investment income is recorded as earned net of investment expenses. The interest
method is used to recognize interest income on commercial mortgage loans.
The Company anticipates prepayments of principal in the calculation of the
effective yield for mortgage-backed securities and structured securities. The
retrospective method is used to adjust the effective yield.
CASH AND CASH EQUIVALENTS
The Company considers cash on hand, all operating cash and working capital cash
to be cash equivalents. These amounts are carried principally at cost, which
approximates fair value. Cash balances are reviewed at the end of each reporting
period to determine if negative cash balances exist. If negative cash balances
do exist, the cash accounts are netted with other positive cash accounts of the
same bank providing the right of offset exists between the accounts. If the
right of offset does not exist, the negative cash balances are reclassified to
accounts payable.
RECEIVABLES
The Company records a receivable when revenue has been recognized but the cash
has not been collected. The Company maintains an allowance for doubtful accounts
for probable losses resulting from the inability to collect payments.
REINSURANCE
Reinsurance recoverables include amounts related to paid benefits and estimated
amounts related to unpaid policy and contract claims, future policyholder
benefits and policyholder contract deposits. The cost of reinsurance is
recognized over the terms of the underlying reinsured policies using assumptions
consistent with those used to account for the policies. Amounts recoverable from
reinsurers are estimated in a manner consistent with claim and claim adjustment
expense reserves or future policy benefits reserves and are reported in the
Company's balance sheets. The cost of reinsurance related to long-duration
contracts is recognized over the life of the underlying reinsured policies. The
ceding of insurance does not discharge the Company's primary liability to
insureds. An allowance for doubtful accounts is recorded, if necessary, on the
basis of periodic evaluations of balances due from reinsurers, reinsurer
solvency, management's experience and current economic conditions.
Reinsurance balances payable include amounts related to ceded premiums and
estimated amounts related to assumed paid or incurred losses, which are reported
based upon ceding entities' estimations.
Funds held under reinsurance represent amounts contractually held from assuming
companies in accordance with reinsurance agreements.
Reinsurance premiums assumed are calculated based upon payments received from
ceding companies together with accrual estimates, which are based on both
payments received and in force policy information received from ceding
companies. Any subsequent differences arising on such estimates are recorded in
the period in which they are determined.
INCOME TAXES
The Company reports its taxable income in a consolidated federal income tax
return along with other affiliated subsidiaries of the Parent. Income tax
expense or credit is allocated among the affiliated subsidiaries by applying
corporate income tax rates to taxable income or loss determined on a separate
return basis according to a tax allocation agreement.
Current federal income taxes are charged to operations based upon amounts
estimated to be payable or recoverable as a result of taxable operations for the
current year. Deferred income taxes are recorded for temporary differences
between
F-8
<Page>
the financial reporting basis and income tax basis of assets and liabilities,
based on enacted tax laws and statutory tax rates applicable to the periods in
which we expect the temporary differences to reverse. A valuation allowance is
established for deferred tax assets when it is more likely than not that an
amount will not be realized.
The Company classifies net interest expense related to income tax matters and
any applicable penalties as a component of income tax expense.
DEFERRED ACQUISITION COSTS
The costs of acquiring new business that vary with and are primarily related to
the production of new business are deferred to the extent that such costs are
deemed recoverable from future premiums or gross profits. Acquisition costs
primarily consist of commissions, policy issuance expenses, premium taxes and
certain direct marketing expenses.
Premium deficiency testing is performed annually and generally reviewed
quarterly. Such testing involves the use of best estimate assumptions including
the anticipation of interest income to determine if anticipated future policy
premiums are adequate to recover all DAC and related claims, benefits and
expenses. To the extent a premium deficiency exists, it is recognized
immediately by a charge to the statement of operations and a corresponding
reduction in DAC. If the premium deficiency is greater than unamortized DAC, a
liability will be accrued for the excess deficiency.
Long Duration Contracts
Acquisition costs on the Fortis Financial Group ("FFG") and Long-Term Care
("LTC") disposed businesses were written off when the businesses were sold.
Short Duration Contracts
Acquisition costs relating to monthly pay credit insurance business consist
mainly of direct marketing costs and are deferred and amortized over the
estimated average terms and balances of the underlying contracts.
Acquisition costs relating to group term life, group disability and group dental
consist primarily of compensation to sales representatives. These acquisition
costs are front-end loaded; thus, they are deferred and amortized over the
estimated terms of the underlying contracts.
PROPERTY AND EQUIPMENT
Property and equipment are reported at cost less accumulated depreciation.
Depreciation is calculated on a straight-line basis over estimated useful lives
with a maximum of 7 years for furniture and a maximum of 5 years for equipment.
Expenditures for maintenance and repairs are charged to income as incurred.
Expenditures for improvements are capitalized and depreciated over the remaining
useful life of the asset.
Property and equipment also includes capitalized software costs, which represent
costs directly related to obtaining, developing or upgrading internal use
software. Such costs are capitalized and amortized using the straight-line
method over their estimated useful lives.
GOODWILL
Goodwill represents the excess of acquisition costs over the net fair value of
identifiable assets acquired and liabilities assumed in a business combination.
Goodwill is deemed to have an indefinite life and is not amortized, but rather
is tested at least annually for impairment. We review our goodwill annually in
the fourth quarter for impairment, or more frequently if indicators of
impairment exist. We regularly assess whether any indicators of impairment
exist. Such indicators include, but are not limited to: a significant decline in
our expected future cash flows due to changes in company-specific factors or the
broader business climate. The evaluation of such factors requires considerable
management judgment.
The goodwill impairment test has two steps. The Company first compares its fair
value with its net book value. If the fair value exceeds its net book value,
goodwill is deemed not to be impaired, and no further testing is necessary. If
the net book value exceeds its fair value, we would perform a second test to
measure the amount of impairment if any. To determine the amount of any
impairment, we would determine the implied fair value of goodwill in the same
manner as if the Company were being acquired in a business combination.
Specifically, we would determine the fair value of all of the assets and
liabilities of the Company, including any unrecognized intangible assets, in a
hypothetical calculation that would yield the implied fair value of goodwill. If
the implied fair value of goodwill were less than the recorded goodwill, we
would record an impairment charge for the difference.
In the fourth quarters of 2008 and 2007, we conducted our annual assessments of
goodwill. Based on the results of the assessment, the Company concluded that its
fair value exceeded net book value and therefore goodwill was not impaired.
F-9
<Page>
OTHER ASSETS
Other assets primarily include prepaid items and intangible assets. Intangible
assets that have finite lives, including but not limited to, customer
relationships, customer contracts and other intangible assets, are amortized
over their estimated useful lives. Intangible assets deemed to have indefinite
useful lives, primarily certain state licenses, are not amortized and are
subject to annual impairment tests. Impairment exists if the carrying amount of
the indefinite-lived intangible asset exceeds its fair value. For other
intangible assets subject to amortization, impairment is recognized if the
carrying amount is not recoverable and exceeds the fair value of the intangible
asset. There were no impairments of finite-lived or indefinite-lived intangible
assets in either 2008 or 2007.
SEPARATE ACCOUNTS
Assets and liabilities associated with separate accounts relate to premium and
annuity considerations for variable life and annuity products for which the
contract-holder, rather than the Company, bears the investment risk. Separate
account assets (with matching liabilities) are reported at fair value. Revenues
and expenses related to the separate account assets and liabilities, to the
extent of benefits paid or provided to the separate account policyholders, are
excluded from the amounts reported in the accompanying statements of operations
because they are administered by the reinsurers.
Prior to April 2, 2001, FFG had issued variable insurance products registered as
securities under the Securities Act of 1933. These products featured fixed
premiums, a minimum death benefit, and policyholder returns linked to an
underlying portfolio of securities. The variable insurance products issued by
FFG have been 100% reinsured with The Hartford.
RESERVES
Reserves are established in accordance with GAAP, using generally accepted
actuarial methods and are based on a number of factors. These factors include
experience derived from historical claim payments and actuarial assumptions.
Such assumptions and other factors include trends, the incidence of incurred
claims, the extent to which all claims have been reported, and internal claims
processing charges. The process used in computing reserves cannot be exact,
particularly for liability coverages, since actual claim costs are dependent
upon such complex factors as inflation, changes in doctrines of legal
liabilities and damage awards. The methods of making such estimates and
establishing the related liabilities are periodically reviewed and updated.
Reserves do not represent an exact calculation of exposure, but instead
represent our best estimates, generally involving actuarial projections at a
given time, of what we expect the ultimate settlement and administration of a
claim or group of claims will cost based on our assessment of facts and
circumstances then known. The adequacy of reserves will be impacted by future
trends in claims severity, frequency, judicial theories of liability and other
factors. These variables are affected by both external and internal events, such
as: changes in the economic cycle, changes in the social perception of the value
of work, emerging medical perceptions regarding physiological or psychological
causes of disability, emerging health issues and new methods of treatment or
accommodation, inflation, judicial trends, legislative changes and claims
handling procedures.
Many of these items are not directly quantifiable, particularly on a prospective
basis. Reserve estimates are refined as experience develops. Adjustments to
reserves, both positive and negative, are reflected in the statement of
operations in the period in which such estimates are updated. Because
establishment of reserves is an inherently uncertain process involving estimates
of future losses, there can be no certainty that ultimate losses will not exceed
existing claims reserves. Future loss development could require reserves to be
increased, which could have a material adverse effect on our earnings in the
periods in which such increases are made. However, based on information
currently available, we believe that our reserves estimates are adequate.
Long Duration Contracts
The Company's long duration contracts are comprised of traditional life
insurance policies no longer offered and FFG and LTC disposed businesses. Future
policy benefits and expense reserves on LTC, life insurance policies and annuity
contracts that are no longer offered and the traditional life insurance
contracts within FFG are reported at the present value of future benefits to be
paid to policyholders and related expenses less the present value of the future
net premiums. These amounts are estimated and include assumptions as to the
expected investment yield, inflation, mortality, morbidity and withdrawal rates
as well as other assumptions that are based on the Company's experience. These
assumptions reflect anticipated trends and include provisions for possible
unfavorable deviations.
Future policy benefits and expense reserves for universal life insurance
policies and investment-type annuity contracts no longer offered, and the
variable life insurance and investment-type annuity contracts in the Company
consist of policy account balances before applicable surrender charges and
certain deferred policy initiation fees that are being recognized in income over
the terms of the policies. Policy benefits charged to expense during the period
include amounts paid in excess of policy account balances and interest credited
to policy account balances.
Changes in the estimated liabilities are reported as a charge or credit to
policyholder benefits as the estimates are revised.
F-10
<Page>
Short Duration Contracts
The Company's short duration contracts are comprised of group term life
contracts, group disability contracts, medical contracts, dental contracts and
credit life business. For short duration contracts, claims and benefits payable
reserves are recorded when insured events occur. The liability is based on the
expected ultimate cost of settling the claims. The claims and benefits payable
reserves include (1) case reserves for known but unpaid claims as of the balance
sheet date; (2) incurred but not reported ("IBNR") reserves for claims where the
insured event has occurred but has not been reported to the Company as of the
balance sheet date; and (3) loss adjustment expense reserves for the expected
handling costs of settling the claims.
For group disability, the case and the IBNR reserves are recorded at an amount
equal to the net present value of the expected future claims payments. Group
long-term disability and group term life waiver of premiums reserves are
discounted to the valuation date at the valuation interest rate. The valuation
interest rate is reviewed quarterly by taking into consideration actual and
expected earned rates on our asset portfolio. Group long term disability and
group term life reserve adequacy studies are performed annually, and morbidity
and mortality assumptions are adjusted where appropriate.
Changes in the estimated liabilities are recorded as a charge or credit to
policyholder benefits as estimates are revised.
DEFERRED GAIN ON DISPOSAL OF BUSINESSES
The Company recorded a deferred gain on disposal of businesses utilizing
reinsurance. On March 1, 2000, the Parent sold its LTC business using a
coinsurance contract. On April 2, 2001, the Parent sold its FFG business using a
modified coinsurance contract. Since the form of sale did not discharge the
Company's primary liability to the insureds, the gain on these disposals was
deferred and reported as a liability. The liability is decreased and recognized
as revenue over the estimated life of the contracts' terms. The Company reviews
and evaluates the estimates affecting the deferred gain on disposal of
businesses annually or when significant information affecting the estimates
becomes known to the Company.
PREMIUMS
Long Duration Contracts
Premiums for LTC insurance and traditional life insurance contracts within FFG
are recognized and reported as revenue when due from the policyholder. For
universal life insurance and investment-type annuity contracts within FFG,
revenues consist of charges assessed against policy balances. For the FFG and
LTC businesses previously sold, all revenue is ceded.
Short Duration Contracts
The Company's short duration contracts are those on which the Company recognizes
revenue on a pro-rata basis over the contract term. The Company's short duration
contracts primarily include group term life, group disability, dental, and
credit life and disability.
FEE AND OTHER INCOME
The Company derives fee and other income primarily from providing administrative
services. Fee income is recognized when services are performed.
UNDERWRITING, GENERAL AND ADMINISTRATIVE EXPENSES
Underwriting, general and administrative expenses consist primarily of
commissions, premium taxes, licenses, fees, salaries and personnel benefits and
other general operating expenses.
LEASES
The Company records expenses for operating leases on a straight-line basis over
the lease term.
CONTINGENCIES
The Company follows FAS No. 5, ACCOUNTING FOR CONTINGENCIES("FAS 5"). This
requires the Company to evaluate each contingent matter separately. A loss
contingency is recorded if reasonably estimable and probable. The Company
establishes reserves for these contingencies at the best estimate, or if no one
estimated number within the range of possible losses is more probable than any
other, the Company records an estimated reserve at the low end of the estimated
range. Contingencies affecting the Company primarily relate to litigation
matters which are inherently difficult to evaluate and are subject to
significant changes. The Company believes the contingent amounts recorded are
adequate and reasonable.
RECENT ACCOUNTING PRONOUNCEMENTS -- ADOPTED
On January 1, 2008, the Company adopted Statement of Financial Accounting
Standards ("FAS") No. 157, FAIR VALUE MEASUREMENTS ("FAS 157") which defines
fair value, addresses how companies should measure fair value when they are
required to use a fair value measure for recognition or disclosure purposes
under GAAP and expands disclosures about fair value measurements. FAS 157 is
applied prospectively for financial assets and liabilities measured on a
recurring basis as of January 1, 2008. The adoption of FAS 157 did not have an
impact on the Company's financial position or results of operations. Effective
September 30, 2008, the Company adopted Financial Statement of Position ("FSP")
FAS 157-3,
F-11
<Page>
DETERMINING THE FAIR VALUE OF A FINANCIAL ASSET IN A MARKET THAT IS NOT ACTIVE
("FSP FAS 157-3"). FSP FAS 157-3 clarifies the application of FAS 157 regarding
the pricing of securities in an inactive market. The adoption of FSP FAS 157-3
did not have an impact on the Company's financial position or results of
operations. See Note 4 for further information regarding FAS 157.
On January 1, 2008, the Company adopted FAS No. 159, THE FAIR VALUE OPTION FOR
FINANCIAL ASSETS AND FINANCIAL LIABILITIES ("FAS 159"). FAS 159 provides a
choice to measure many financial instruments and certain other items at fair
value on specified election dates and requires disclosures about the election of
the fair value option. Unrealized gains and losses on items for which the fair
value option has been elected are reported in earnings. The Company has chosen
not to elect the fair value option for any financial or non-financial
instruments as of the adoption date, thus the adoption of FAS 159 did not have
an impact on the Company's financial position or results of operations.
On January 1, 2007, the Company adopted Statement of Position No. 05-1,
ACCOUNTING BY INSURANCE ENTERPRISES FOR DEFERRED ACQUISITION COSTS IN CONNECTION
WITH MODIFICATIONS OR EXCHANGES OF INSURANCE CONTRACTS, ("SOP 05-1"). SOP 05-1
provides guidance on internal replacements of insurance and investment
contracts. An internal replacement is a modification in product benefits,
features, rights or coverages that occurs by the exchange of a contract for a
new contract or by amendment, endorsement, or rider to a contract, or by the
election of a feature or coverage within a contract. Modifications that result
in a new contract that is substantially different from the replaced contract are
accounted for as an extinguishment of the replaced contract, and the associated
unamortized DAC, unearned revenue liabilities and deferred sales inducements
from the replaced contract must be reported as an expense immediately.
Modifications resulting in a new contract that is substantially the same as the
replaced contract are accounted for as a continuation of the replaced contract.
Prior to the adoption of the SOP 05-1, certain internal replacements were
accounted for as continuations of the replaced contract Therefore, the
accounting policy for certain internal replacements has changed as a result of
the adoption of this SOP. At adoption, the Company recognized a $225 decrease to
deferred acquisition costs, which was accounted for as a $146 (after-tax)
reduction to the January 1, 2007 balance of retained earnings.
On January 1, 2007, the Company adopted Statement of Financial Accounting
Standards ("FAS") No. 155, ACCOUNTING FOR CERTAIN HYBRID FINANCIAL INSTRUMENTS
- -- AN AMENDMENT OF FASB STATEMENTS NO. 133 AND 140 ("FAS 155"). This statement
resolves issues addressed in FAS 133 Implementation Issue No. D1, APPLICATION OF
STATEMENT 133 TO BENEFICIAL INTEREST IN SECURITIZED FINANCIAL ASSETS. FAS 155
(a) permits fair value remeasurement for any hybrid financial instrument that
contains an embedded derivative that otherwise would require bifurcation; (b)
clarifies which interest-only strips and principal-only strips are not subject
to the requirements of FAS 133; (c) establishes a requirement to evaluate
beneficial interests in securitized financial assets to identify interests that
are freestanding derivatives or that are hybrid financial instruments that
contain an embedded derivative requiring bifurcation; (d) clarifies that
concentrations of credit risk in the form of subordination are not embedded
derivatives; and (e) eliminates restrictions on a qualifying special-purpose
entity's ability to hold passive derivative financial instruments that pertain
to beneficial interests that are or contain a derivative financial instrument.
FAS 155 also requires presentation within the financial statements that
identifies those hybrid financial instruments for which the fair value election
has been applied and information on the statement of operations impact of the
changes in fair value of those instruments. The adoption of FAS 155 did not have
a material impact on the Company's financial position or results of operations.
On January 1, 2007, the Company adopted the provisions of Financial Accounting
Statements Board ("FASB") Interpretation No. 48, ACCOUNTING FOR UNCERTAINTY IN
INCOME TAXES -- AN INTERPRETATION OF FASB STATEMENT NO. 109 ("FIN 48"). There
was no impact as a result of adoption on the Company's January 1, 2007 retained
earnings. See Note 5 for further information regarding the adoption of FIN 48.
RECENT ACCOUNTING PRONOUNCEMENTS -- NOT YET ADOPTED
In December 2007, the Financial Accounting Standards Board ("FASB") issued FAS
No. 141R, BUSINESS COMBINATIONS ("FAS 141R"). FAS 141R replaces FAS No. 141,
BUSINESS COMBINATIONS ("FAS 141"). FAS 141R retains the fundamental requirements
in FAS 141 that the acquisition method of accounting be used for all business
combinations, that an acquirer be identified for each business combination and
for goodwill to be recognized and measured as a residual. FAS 141R expands the
definition of transactions and events that qualify as business combinations to
all transactions and other events in which one entity obtains control over one
or more other businesses. FAS 141R broadens the fair value measurement and
recognition of assets acquired, liabilities assumed, and interests transferred
as a result of business combinations. FAS 141R also increases the disclosure
requirements for business combinations in the financial statements. FAS 141R is
effective for fiscal periods beginning after December 15, 2008. Therefore, the
Company is required to adopt FAS 141R on January 1, 2009. The adoption of FAS
141R will not have an impact on the Company's financial position or results of
operations. However, any business combinations entered into beginning in 2009
may significantly impact our financial position and results of operations
compared with how it would have been recorded under FAS 141. Earnings volatility
could result, depending on the terms of acquisition.
In December 2007, the FASB issued FAS No. 160, NON-CONTROLLING INTEREST IN
CONSOLIDATED FINANCIAL STATEMENTS -- AN AMENDMENT OF ARB NO. 51 ("FAS 160"). FAS
160 requires that a non-controlling interest in a subsidiary be separately
F-12
<Page>
reported within equity and the amount of consolidated net income attributable to
the non-controlling interest be presented in the statement of operations. FAS
160 also calls for consistency in reporting changes in the parent's ownership
interest in a subsidiary and necessitates fair value measurement of any
non-controlling equity investment retained in a deconsolidation. FAS 160 is
effective for fiscal periods beginning after December 15, 2008. Therefore, the
Company is required to adopt FAS 160 on January 1, 2009. The adoption of FAS 160
will not have an impact on the Company's financial position or results of
operations.
In February 2008, the FASB issued FSP FAS 157-2, EFFECTIVE DATE OF FAS 157 ("FSP
FAS 157-2"). FSP FAS 157-2 deferred the effective date of FAS 157 for all non-
financial assets and non-financial liabilities measured at fair value on a
non-recurring basis to fiscal years beginning after November 15, 2008, and
interim periods within those fiscal years, which for the Company is January 1,
2009. The Company will apply the requirements of FAS 157 to its non-financial
assets measured at fair value on a non-recurring basis which include goodwill
and intangible assets. The Company does not currently have any non-financial
liabilities which are required to be measured at fair value on a non-recurring
basis. In a business combination, the Company would initially measure at fair
value the non-financial assets and liabilities of the acquired company. The
requirements of FAS 157 include using an exit price based on an orderly
transaction between market participants at the measurement date assuming the
highest and best use of the asset by market participants. The Company will use a
market, income or cost approach valuation technique to perform the valuations.
Since the Company performs its scheduled impairment analyses of goodwill and
indefinite-lived intangible assets in the fourth quarter of each year, the
adoption of FAS 157 for all non-financial assets and liabilities measured at
fair value on a non-recurring basis will not have an impact on the Company's
financial position or results of operations upon adoption. However, there may be
an impact on the Company's financial position and results of operations when the
Company performs its impairment analyses of goodwill and indefinite-lived
intangible assets due to the difference in fair value methodology required under
FAS 157.
3. INVESTMENTS
The following table shows the cost or amortized cost, gross unrealized gains and
losses and fair value of our fixed maturity and equity securities at December
31, 2008.
<Table>
<Caption>
COST OR GROSS GROSS
AMORTIZED UNREALIZED UNREALIZED FAIR
COST GAINS LOSSES VALUE
- ---------------------------------------------------------------------------------------------------------------------------------
FIXED MATURITY SECURITIES:
United States Government and government agencies and
authorities $426 $167 $ -- $593
States, municipalities and political subdivisions 23,966 363 (340) 23,989
Foreign governments 762 51 (23) 790
Public utilities 11,857 240 (439) 11,658
Mortgage-backed 13,873 285 (828) 13,330
All other corporate 45,502 774 (5,018) 41,258
--------- ------- -------- ---------
TOTAL FIXED MATURITY SECURITIES $96,386 $1,880 $(6,648) $91,618
--------- ------- -------- ---------
EQUITY SECURITIES:
Non-sinking fund preferred stocks $8,483 $50 $(1,897) $6,636
--------- ------- -------- ---------
</Table>
The following table shows the cost or amortized cost, gross unrealized gains and
losses and fair value of our fixed maturity and equity securities at December
31, 2007.
<Table>
<Caption>
COST OR GROSS GROSS
AMORTIZED UNREALIZED UNREALIZED FAIR
COST GAINS LOSSES VALUE
- ---------------------------------------------------------------------------------------------------------------------------------
FIXED MATURITY SECURITIES:
United States Government and government agencies and
authorities $401 $82 $ -- $483
States, municipalities and political subdivisions 13,509 245 (4) 13,750
Foreign governments 3,547 341 -- 3,888
Public utilities 13,698 537 (46) 14,189
Mortgage-backed 16,889 213 (175) 16,927
All other corporate 53,085 2,451 (617) 54,919
---------- ------- -------- ----------
TOTAL FIXED MATURITY SECURITIES $101,129 $3,869 $(842) $104,156
---------- ------- -------- ----------
EQUITY SECURITIES:
Non-sinking fund preferred stocks $8,940 $23 $(1,152) $7,811
---------- ------- -------- ----------
</Table>
F-13
<Page>
The cost or amortized cost and fair value of fixed maturity securities at
December 31, 2008 by contractual maturity are shown below. Expected maturities
may differ from contractual maturities because issuers of the securities may
have the right to call or prepay obligations with or without call or prepayment
penalties.
<Table>
<Caption>
COST OR
AMORTIZED
COST FAIR VALUE
- --------------------------------------------------------------------------------
Due in one year or less $2,679 $2,706
Due after one year through five years 16,940 15,979
Due after five years through ten years 23,849 22,212
Due after ten years 39,045 37,391
--------- ---------
TOTAL 82,513 78,288
Mortgage-backed securities 13,873 13,330
--------- ---------
TOTAL $96,386 $91,618
--------- ---------
</Table>
Major categories of net investment income were as follows:
<Table>
<Caption>
YEARS ENDED DECEMBER 31,
2008 2007 2006
- --------------------------------------------------------------------------------
Fixed maturity securities $6,155 $6,673 $6,951
Equity securities 622 617 596
Commercial mortgage loans on real
estate 1,908 1,451 1,075
Policy loans 7 8 9
Short-term investments 106 138 206
Other investments 171 202 242
Cash and cash equivalents 134 282 355
------- ------- -------
TOTAL INVESTMENT INCOME 9,103 9,371 9,434
Investment expenses (293) (275) (259)
------- ------- -------
NET INVESTMENT INCOME $8,810 $9,096 $9,175
------- ------- -------
</Table>
No material investments of the Company were non-income producing for the years
ended December 31, 2008, 2007, and 2006.
Over the last six months of 2007 and during 2008 the fixed maturity security and
equity security markets have experienced significant volatility. This volatility
has primarily been due to declines in the housing market, credit availability,
as well as a general economic slowdown. As a result, certain securities directly
exposed to these factors have had significant market value declines.
In connection with this volatility, we recorded net realized losses, including
other-than-temporary impairments, in the statement of operations as follows:
<Table>
<Caption>
YEARS ENDED DECEMBER 31,
2008 2007 2006
- --------------------------------------------------------------------------------
Net realized (losses) gains related to
sales:
Fixed maturity securities $(256) $103 $(207)
Equity securities (689) (298) (121)
Commercial mortgage loans on real
estate (34) (37) 167
-------- ------ ------
TOTAL NET REALIZED LOSSES RELATED TO
SALES (979) (232) (161)
Net realized losses related to
other-than-temporary impairments:
Fixed maturity securities (2,982) (415) (12)
Equity securities (2,112) (226) --
-------- ------ ------
TOTAL NET REALIZED LOSSES RELATED TO
OTHER-THAN-TEMPORARY IMPAIRMENTS (5,094) (641) (12)
-------- ------ ------
TOTAL NET REALIZED LOSSES $(6,073) $(873) $(173)
-------- ------ ------
</Table>
Proceeds from sales of available for sale securities were $22,418, $22,822, and
$16,806 during 2008, 2007 and 2006, respectively. Gross gains of $776, $576 and
$91 and gross losses of $1,737, $771 and $419 were realized on dispositions in
2008, 2007 and 2006, respectively. For securities sold at a loss during 2008,
the average period of time these securities were trading continuously below book
value was approximately 9 months.
We regularly monitor our investment portfolio to ensure investments that may be
other-than-temporarily impaired are identified in a timely fashion, properly
valued, and any impairments are charged against earnings in the proper period.
The determination that a security has incurred an other-than-temporary decline
in value requires the judgment of management. Assessment factors include, but
are not limited to, the length of time and the extent to which the market value
has been less than cost, the financial condition and rating of the issuer,
whether any collateral is held, and the intent and ability of the
F-14
<Page>
Company to retain the investment for a period of time sufficient to allow for
recovery. Inherently, there are risks and uncertainties involved in making these
judgments. Changes in circumstances and critical assumptions such as a continued
weak economy, a more pronounced economic downturn or unforeseen events which
affect one or more companies, industry sectors, or countries could result in
additional impairments in the future periods for other-than-temporary declines
in value. Any security whose price decrease is deemed other-than-temporary is
written down to its then current market level with the amount of the impairment
reported as a realized loss in that period. Realized gains and losses on sales
of investments are recognized on the specific identification basis.
The investment category and duration of the Company's gross unrealized losses on
fixed maturity securities and equity securities at December 31, 2008 were as
follows:
<Table>
<Caption>
LESS THAN 12 MONTHS 12 MONTHS OR MORE TOTAL
FAIR UNREALIZED FAIR UNREALIZED FAIR UNREALIZED
VALUE LOSSES VALUE LOSSES VALUE LOSSES
- ---------------------------------------------------------------------------------------------------------------------------------
FIXED MATURITY SECURITIES:
States, municipalities and
political subdivisions $11,999 $(310) $498 $(30) $12,497 $(340)
Foreign government 484 (23) -- -- 484 (23)
Public utilities 4,128 (317) 678 (122) 4,806 (439)
Mortgage-backed 4,879 (828) -- -- 4,879 (828)
All other corporate 20,975 (3,036) 5,162 (1,982) 26,137 (5,018)
--------- ------ ------- ------ --------- --------
TOTAL FIXED MATURITY
SECURITIES $42,465 $(4,514) $6,338 $(2,134) $48,803 $(6,648)
--------- ------ ------- ------ --------- --------
EQUITY SECURITIES:
Non-sinking fund preferred
stocks $3,575 $(897) $2,583 $(1,000) $6,158 $(1,897)
--------- ------ ------- ------ --------- --------
</Table>
The investment category and duration of the Company's gross unrealized losses on
fixed maturity and equity securities at December 31, 2007 were as follows:
<Table>
<Caption>
LESS THAN 12 MONTHS 12 MONTHS OR MORE TOTAL
FAIR UNREALIZED FAIR UNREALIZED FAIR UNREALIZED
VALUE LOSSES VALUE LOSSES VALUE LOSSES
- ---------------------------------------------------------------------------------------------------------------------------------
FIXED MATURITY SECURITIES:
States, municipalities and
political subdivisions $797 $(4) $ -- $ -- $797 $(4)
Public utilities 1,812 (17) 931 (29) 2,743 (46)
Mortgage-backed 874 (125) 3,611 (50) 4,485 (175)
All other corporate 9,389 (437) 2,778 (180) 12,167 (617)
--------- ------ ------- ------ --------- --------
TOTAL FIXED MATURITY
SECURITIES $12,872 $(583) $7,320 $(259) $20,192 $(842)
--------- ------ ------- ------ --------- --------
EQUITY SECURITIES:
Non-sinking fund preferred
stocks $5,353 $(944) $1,594 $(208) $6,947 $(1,152)
--------- ------ ------- ------ --------- --------
</Table>
The total unrealized losses represent less than 16% and 8% of the aggregate fair
value of the related securities at December 31, 2008 and 2007, respectively.
Approximately 63% and 77% of these unrealized losses have been in a continuous
loss position for less than twelve months in 2008 and 2007, respectively. The
total unrealized losses are comprised of 249 and 183 individual securities in
2008 and 2007, respectively. At December 31, 2008, 34%, 20% and 9% of the
unrealized losses for fixed maturity and equity securities were concentrated in
the financial, consumer cyclical and energy industries, respectively with no
exposure to any single creditor in excess of 14%, 21% and 16%, of those
industries respectively.
The cost or amortized cost and fair value of available for sale fixed maturity
securities in an unrealized loss position at December 31, 2008, by contractual
maturity, is shown below:
<Table>
<Caption>
COST OR
AMORTIZED
COST FAIR VALUE
- --------------------------------------------------------------------------------
Due in one year or less $65 $63
Due after one year through five years 10,686 9,584
Due after five years through ten years 13,372 11,277
Due after ten years 25,621 23,000
--------- ---------
TOTAL 49,744 43,924
Mortgage-backed securities 5,707 4,879
--------- ---------
TOTAL $55,451 $48,803
--------- ---------
</Table>
F-15
<Page>
The following table represents our exposure to sub-prime and related mortgages
within our fixed maturity portfolio as well as the current net unrealized loss
position at December 31, 2008.
<Table>
<Caption>
NET
MARKET PERCENTAGE UNREALIZED
VALUE OF PORTFOLIO (LOSS) GAIN
- ------------------------------------------------------------------------------------------------------------------
Fixed maturity portfolio:
Second lien mortgages (including sub-prime second lien
mortgages) $166 0.18% $ --
----- ----- ----
</Table>
The following table represents our exposure to sub-prime and related mortgages
within our fixed maturity portfolio as well as the current net unrealized (loss)
gain position at December 31, 2007.
<Table>
<Caption>
NET
MARKET PERCENTAGE UNREALIZED
VALUE OF PORTFOLIO (LOSS) GAIN
- ----------------------------------------------------------------------------------------------------------
Fixed maturity portfolio:
Sub-prime first lien mortgages $874 0.84% $(126)
Second lien mortgages (including sub-prime second lien
mortgages) 755 0.72% 4
-------- ----- -------
TOTAL EXPOSURE TO SUB-PRIME COLLATERAL $1,629 1.56% $(122)
-------- ----- -------
</Table>
At December 31, 2008 and 2007, approximately 1% and 10% of the mortgage-backed
securities had exposure to sub-prime mortgage collateral. This represented
approximately 0.18% and 1.56% of the total fixed maturity portfolio and zero and
14.46% of the total unrealized loss position at December 31, 2008 and 2007,
respectively. There is one security with sub-prime exposure, which is below
investment grade. We have no sub-prime exposure to collateralized debt
obligations as of December 31, 2008 or 2007. All mortgage-backed securities,
including those with sub-prime exposure, are reviewed as part of the ongoing
other-than-temporary impairment monitoring process.
The Company has made commercial mortgage loans, collateralized by the underlying
real estate, on properties located throughout the U.S. At December 31, 2008,
approximately 49% of the outstanding principal balance of commercial mortgage
loans was concentrated in the states of California, Texas, and New York.
Although the company has a diversified loan portfolio, an economic downtown
could have an adverse impact on the ability of its debtors to repay their loans.
The outstanding balance of commercial mortgage loans range in size from $435 to
$2,700 at December 31, 2008 and from $443 to $2,750 at December 31, 2007. The
mortgage loan valuation allowance for losses was $103 and $70 at December 31,
2008 and 2007, respectively.
At December 31, 2008 there were no loan commitments outstanding.
The Company has short term investments and fixed maturity securities carried at
$593 and $483 at December 31, 2008 and 2007, respectively, on deposit with
various governmental authorities as required by law.
4. FAIR VALUE DISCLOSURES
FAS 157 Disclosures
FAS 157 defines fair value, establishes a framework for measuring fair value,
creates a fair value hierarchy based on the quality of inputs used to measure
fair value and enhances disclosure requirements for fair value measurements. FAS
157 defines fair value as the price that would be received to sell an asset or
paid to transfer a liability in an orderly transaction between market
participants at the measurement date. In accordance with FAS 157, the Company
has categorized its recurring basis financial assets and liabilities based on
the priority of the inputs to the valuation technique, into a three-level fair
value hierarchy. The FASB has deferred the effective date of FAS 157 until
January 1, 2009 for non-financial assets and liabilities that are recognized or
disclosed at fair value in the financial statements on a non-recurring basis in
accordance with FSP FAS 157-2.
The fair value hierarchy gives the highest priority to quoted prices in active
markets for identical assets or liabilities (Level 1) and the lowest priority to
unobservable inputs (Level 3). The inputs used to measure fair value may fall
into different levels of the fair value hierarchy. In such cases, the level in
the fair value hierarchy within which the fair value measurement in its entirety
falls has been determined based on the lowest level input that is significant to
the fair value measurement in its entirety. The Company's assessment of the
significance of a particular input to the fair value measurement in its entirety
requires judgment, and considers factors specific to the asset or liability.
The levels of the fair value hierarchy and its application to the Company's
financial assets and liabilities are described below:
- - Level 1 inputs utilize quoted prices (unadjusted) in active markets for
identical assets or liabilities that the Company has the ability to access.
Financial assets and liabilities utilizing Level 1 inputs include certain
U.S. mutual funds, money market funds, common stock and certain foreign
securities.
F-16
<Page>
- - Level 2 inputs utilize other than quoted prices included in Level 1 that are
observable for the asset, either directly or indirectly, for substantially
the full term of the asset. Level 2 inputs include quoted prices for similar
assets in active markets, quoted prices for identical or similar assets in
markets that are not active and inputs other than quoted prices that are
observable in the marketplace for the asset. The observable inputs are used
in valuation models to calculate the fair value for the asset. Financial
assets utilizing Level 2 inputs include corporate, municipal, foreign
government and public utilities bonds, private placement bonds, U.S.
Government and agency securities, mortgage and asset backed securities,
preferred stocks and certain U.S. and foreign mutual funds.
- - Level 3 inputs are unobservable but are significant to the fair value
measurement for the asset, and include situations where there is little, if
any, market activity for the asset. These inputs reflect management's own
assumptions about the assumptions a market participant would use in pricing
the asset. Financial assets utilizing Level 3 inputs include certain
preferred stocks, corporate bonds and mortgage-backed securities that were
quoted by brokers and could not be corroborated by Level 2 inputs.
A review of fair value hierarchy classifications is conducted on a quarterly
basis. Changes in the observability of valuation inputs may result in a
reclassification of levels for certain securities within the fair value
hierarchy.
The following table presents the Company's fair value hierarchy for those
recurring basis assets and liabilities as of December 31, 2008.
<Table>
<Caption>
TOTAL LEVEL 1 LEVEL 2 LEVEL 3
- --------------------------------------------------------------------------------
FINANCIAL ASSETS
Fixed maturity securities $91,618 $ -- $90,776 $842
Equity securities 6,636 -- 6,431 205
Short-term investments 6,870 6,621 249 --
Cash equivalents 8,941 8,941 -- --
Assets held in separate
accounts 12,626 9,067(a) 3,559 --
----------- --------- ----------- --------
TOTAL FINANCIAL ASSETS $126,691 $24,629 $101,015 $1,047
----------- --------- ----------- --------
</Table>
(a) Mainly includes mutual fund investments
The following table summarizes the change in balance sheet carrying value
associated with Level 3 financial assets carried at fair value during the year
ended December 31, 2008:
<Table>
<Caption>
TOTAL FIXED
LEVEL 3 MATURITY EQUITY
ASSETS SECURITIES SECURITIES
- --------------------------------------------------------------------------------------
Balance, beginning of year $1,992 $1,992 $ --
Total net realized losses
included in earnings (881) (881) --
Net unrealized losses included
in stockholder's equity (130) (87) (43)
Sales and settlements (23) (23) --
Net transfers in (out of) 89 (159) 248
-------- ------- ------
BALANCE, END OF YEAR $1,047 $842 $205
-------- ------- ------
</Table>
FAS 157 describes three different valuation techniques to be used in determining
fair value for financial assets and liabilities: the market, income or cost
approaches. The three valuation techniques described in FAS 157 are consistent
with generally accepted valuation methodologies. The market approach valuation
techniques use prices and other relevant information from market transactions
involving identical or comparable assets or liabilities. When possible, quoted
prices (unadjusted) in active markets are used as of the period-end date.
Otherwise, valuation techniques consistent with the market approach including
matrix pricing and comparables are used. Matrix pricing is a mathematical
technique employed to value certain securities without relying exclusively on
quoted prices for those securities but comparing those securities to benchmark
or comparable securities. Comparables use market multiples, which might lie in
ranges with a different multiple for each comparable.
Income approach valuation techniques convert future amounts, such as cash flows
or earnings, to a single present amount, or a discounted amount. These
techniques rely on current market expectations of future amounts as of the
period-end date. Examples of income approach valuation techniques include
present value techniques, option-pricing models, binomial or lattice models that
incorporate present value techniques, and the multi-period excess earnings
method.
Cost approach valuation techniques are based upon the amount that would be
required to replace the service capacity of an asset at the period-end date, or
the current replacement cost. That is, from the perspective of a market
participant (seller), the price that would be received for the asset is
determined based on the cost to a market participant (buyer) to acquire or
construct a substitute asset of comparable utility, adjusted for obsolescence.
F-17
<Page>
While all three approaches are not applicable to all financial assets or
liabilities, where appropriate, one or more valuation techniques may be used.
For all the financial assets and liabilities included in the above hierarchy,
excluding private placement bonds, the market valuation technique is generally
used. For private placement bonds, the income valuation technique is generally
used. For the year ended December 31, 2008, the application of valuation
technique applied to similar assets and liabilities has been consistent.
Level 1 and Level 2 securities are valued using various observable market inputs
obtained from a pricing service. The pricing service prepares estimates of fair
value measurements for our Level 2 securities using proprietary valuation models
based on techniques such as matrix pricing which include observable market
inputs. FAS 157 defines observable market inputs as the assumptions market
participants would use in pricing the asset or liability developed on market
data obtained from sources independent of the Company. The extent of the use of
each observable market input for a security depends on the type of security and
the market conditions at the balance sheet date. Depending on the security, the
priority of the use of observable market inputs may change as some observable
market inputs may not be relevant or additional inputs may be necessary. The
following observable market inputs, listed in the approximate order of priority,
are utilized in the pricing evaluation of Level 2 securities: benchmark yields,
reported trades, broker/dealer quotes, issuer spreads, two-sided markets,
benchmark securities, bids, offers and reference data. The pricing service also
evaluates each security based on relevant market information including: relevant
credit information, perceived market movements and sector news. Valuation models
can change period to period, depending on the appropriate observable inputs that
are available at the balance sheet date to price a security. When market
observable inputs are unavailable, the remaining unpriced securities are
submitted to independent brokers who provide non-binding broker quotes or are
priced by other qualified sources and are categorized as Level 3 securities.
Management uses the following criteria in order to determine that the market for
a financial asset is inactive:
- - The volume and level of trading activity in the asset have declined
significantly from historical levels,
- - The available prices vary significantly over time or among market
participants,
- - The prices are stale (i.e., not current), and
- - The magnitude of bid-ask spread.
Illiquidity did not have a material impact in the fair value determination of
the Company's financial assets.
The Company generally obtains one price for each financial asset. The Company
performs a monthly analysis to assess if the evaluated prices represent a
reasonable estimate of their fair value. This process involves quantitative and
qualitative analysis and is overseen by investment and accounting professionals.
Examples of procedures performed include, but are not limited to, initial and
on-going review of pricing service methodologies, review of the prices received
from the pricing service, review of pricing statistics and trends, and
comparison of prices for certain securities with two different appropriate price
sources for reasonableness. As a result of this analysis, if the Company
determines there is a more appropriate fair value based upon available market
data, which happens infrequently, the price of a security is adjusted
accordingly. The pricing service provides information to indicate which
securities were priced using market observable inputs so that the Company can
properly categorize our financial assets in the fair value hierarchy.
FAS 107 Disclosures
FAS No. 107, DISCLOSURES ABOUT FAIR VALUE OF FINANCIAL INSTRUMENTS, ("FAS 107")
requires disclosure of fair value information about financial instruments, as
defined therein, for which it is practicable to estimate such fair value.
Therefore, it requires fair value disclosure for additional financial
instruments as compared to FAS 157, including financial instruments that are not
recognized in the consolidated balance sheets. However, FAS 107 excludes certain
financial instruments including those related to insurance contracts.
Please refer to the FAS 157 disclosure above for the methods and assumptions
used to estimate fair value for the following line items:
- - Fixed maturity securities
- - Equity securities
- - Short-term investments
- - Other assets
- - Other liabilities
F-18
<Page>
In estimating the fair value of the financial instruments presented, the Company
used the following methods and assumptions:
CASH AND CASH EQUIVALENTS: the carrying amount reported approximates fair value
because of the short maturity of the instruments.
COMMERCIAL MORTGAGE LOANS AND POLICY LOANS: the fair values of mortgage loans
are estimated using discounted cash flow analyses, based on interest rates
currently being offered for similar loans to borrowers with similar credit
ratings. Mortgage loans with similar characteristics are aggregated for purposes
of the calculations. The carrying amounts of policy loans reported in the
balance sheets approximate fair value.
OTHER INVESTMENTS: the carrying amounts of other investments approximate fair
value.
POLICY RESERVES UNDER INVESTMENT PRODUCTS: the fair values for the Company's
policy reserves under the investment products are determined using discounted
cash flow analysis.
SEPARATE ACCOUNT ASSETS AND LIABILITIES: separate account assets and liabilities
are reported at their estimated fair values, which are primarily based on quoted
market prices.
FUNDS HELD UNDER REINSURANCE: the carrying amount reported approximates fair
value due to the short maturity of the instruments.
<Table>
<Caption>
DECEMBER 31, 2008 DECEMBER 31, 2007
CARRYING FAIR CARRYING FAIR
VALUE VALUE VALUE VALUE
- ---------------------------------------------------------------------------------------------------------------------------------
FINANCIAL ASSETS
Cash and cash equivalents $11,319 $11,319 $4,016 $4,016
Fixed maturity securities 91,618 91,618 104,156 104,156
Equity securities 6,636 6,636 7,811 7,811
Commercial mortgage loans on real estate 28,396 27,803 30,746 30,970
Policy loans 73 73 104 104
Short-term investments 6,870 6,870 588 588
Other investments 1,829 1,829 2,191 2,191
Assets held in separate accounts 13,145 13,145 20,331 20,331
FINANCIAL LIABILITIES
Policy reserves under investment products (Individual and group
annuities, subject to discretionary withdrawal) $2,844 $2,615 $2,889 $2,827
Funds held under reinsurance 68 68 75 75
Liabilities related to separate accounts 13,145 13,145 20,331 20,331
--------- --------- ---------- ----------
</Table>
The fair value of the Company's liabilities for insurance contracts other than
investment-type contracts are not required to be disclosed. However, the fair
values of liabilities under all insurance contracts are taken into consideration
in the Company's overall management of interest rate risk, such that the
Company's exposure to changing interest rates is minimized through the matching
of investment maturities with amounts due under insurance contracts.
5. INCOME TAXES
The Company is subject to U.S. tax and files a U.S. consolidated federal income
tax return with its parent, Assurant, Inc. Information about the Company's
current and deferred tax expense follows:
<Table>
<Caption>
YEARS ENDED DECEMBER 31,
2008 2007 2006
- --------------------------------------------------------------------------------
Current expense:
Federal $4,559 $2,845 $5,955
-------- -------- --------
TOTAL CURRENT EXPENSE 4,559 2,845 5,955
Deferred (benefit) expense:
Federal (744) 1,112 1,126
-------- -------- --------
TOTAL DEFERRED (BENEFIT) EXPENSE (744) 1,112 1,126
-------- -------- --------
TOTAL TAX EXPENSE $3,815 $3,957 $7,081
-------- -------- --------
</Table>
F-19
<Page>
A reconciliation of the federal income tax rate to the Company's effective
income tax rate follows:
<Table>
<Caption>
DECEMBER 31,
2008 2007 2006
- -------------------------------------------------------------------------------------------------------
FEDERAL INCOME TAX RATE 35.0% 35.0% 35.0%
RECONCILING ITEMS:
Tax-exempt interest (1.5) (0.7) (0.1)
Dividends-received deduction (0.6) (0.4) (0.3)
Permanent nondeductible expenses 2.0 0.2 0.1
Change in valuation allowance 2.5 -- --
Other -- -- (0.2)
----- ----- -----
EFFECTIVE INCOME TAX RATE: 37.4% 34.1% 34.5%
----- ----- -----
</Table>
The Company adopted the provisions of FASB Interpretation No. 48, ACCOUNTING FOR
UNCERTAINTY IN INCOME TAXES, on January 1, 2007. The adoption of this
interpretation had no impact on the Company's financial statements.
The Company files federal income tax returns in the U.S. The Company has
substantially concluded all U.S. federal income tax matters for years through
2004.
The tax effects of temporary differences that result in significant deferred tax
assets and deferred tax liabilities are as follows:
<Table>
<Caption>
DECEMBER 31,
2008 2007
- -------------------------------------------------------------------------
DEFERRED TAX ASSETS:
Net unrealized losses on fixed maturities and
equities $2,315 $ --
Investments 1,669 221
Deferred gains on reinsurance 1,284 1,544
Deferred acquisition costs 857 937
Capital loss carryforwards 537 --
Accrued liabilities 415 380
------- -------
Gross deferred tax asset before valuation
allowance 7,077 3,082
Less: Valuation allowance (253) --
------- -------
Gross deferred tax asset after valuation
allowance $6,824 $3,082
------- -------
DEFERRED TAX LIABILITIES:
Policyholder and separate account reserves $2,019 $1,363
Net unrealized gains on fixed maturity and equity
securities -- 664
Other 27 --
------- -------
Gross deferred tax liabilities 2,046 2,027
------- -------
NET DEFERRED TAX ASSET $4,778 $1,055
------- -------
</Table>
During 2008 the Company recognized income tax expense of $253 to establish a
partial valuation allowance against deferred tax assets, which are primarily
attributable to a capital losses resulting from dispositions of investments. The
calculation of the valuation allowance is made at the consolidated return group
level. A portion of the valuation allowance has been assigned to the Company
based on the provisions of the tax sharing agreement. Accordingly, a cumulative
valuation allowance of $253 has been recorded because it is management's
assessment that it is more likely than not that deferred tax assets of $6,824
will be realized. The Company had no valuation allowance as of December 31,
2007.
The Company's ability to realize deferred tax assets depends on its ability to
generate sufficient taxable income of the same character within the carryback or
carryforward periods. In assessing future GAAP taxable income, the Company has
considered all sources of taxable income available to realize the deferred tax
asset, including the future reversal of existing temporary differences, future
taxable income exclusive of reversing temporary differences and carry forwards,
taxable income in carry back years and tax-planning strategies. If changes occur
in the assumptions underlying the Company's tax planning strategies or in the
scheduling of the reversal of the Company's deferred tax liabilities, the
valuation allowance may need to be adjusted in the future.
At December 31, 2008, the Company had no net operating loss carryforwards for
U.S. federal income tax purposes. At December 31, 2008, the Company had a
capital loss carryover for U.S. federal income tax purposes in the amount of
$1,535, which was generated in 2008 and will expire, if not utilized, in 2013.
F-20
<Page>
6. PREMIUMS AND ACCOUNTS RECEIVABLE
Receivables are reported net of an allowance for uncollectible items. A summary
of such receivables is as follows:
<Table>
<Caption>
DECEMBER 31,
2008 2007
- --------------------------------------------------
Insurance premiums $2,597 $3,205
receivable
Other receivables 365 168
-------- --------
TOTAL $2,962 $3,373
-------- --------
</Table>
7. STOCKHOLDER'S EQUITY
The Board of Directors of the Company has authorized 100,000 shares of common
stock with a stated value of $20 per share. All the shares are issued and
outstanding as of December 31, 2008 and 2007. All the outstanding shares at
December 31, 2008 are owned by the Parent (see Note 1). The Company paid
dividends of $4,303, $12,000, and $10,000 at December 31, 2008, 2007 and 2006,
respectively.
The maximum amount of dividends which can be paid by the Company to its
shareholder without prior approval is subject to restrictions relating to
statutory surplus (see Note 8).
8. STATUTORY INFORMATION
Statutory-basis financial statements are prepared in accordance with accounting
practices prescribed or permitted by the New York Department of Commerce.
Prescribed statutory accounting principles ("SAP") includes the Accounting
Practices and Procedures Manual of the National Association of Insurance
Commissioners ("NAIC") as well as state laws, regulations and administrative
rules.
The principal differences between SAP and GAAP are: 1) policy acquisition costs
are expensed as incurred under SAP, but are deferred and amortized under GAAP;
2) the value of business acquired is not capitalized under SAP but is under
GAAP; 3) amounts collected from holders of universal life-type and annuity
products are recognized as premiums when collected under SAP, but are initially
recorded as contract deposits under GAAP, with cost of insurance recognized as
revenue when assessed and other contract charges recognized over the periods for
which services are provided; 4) the classification and carrying amounts of
investments in certain securities are different under SAP than under GAAP; 5)
the criteria for providing asset valuation allowances, and the methodologies
used to determine the amounts thereof, are different under SAP than under GAAP;
6) the timing of establishing certain reserves, and the methodologies used to
determine the amounts thereof, are different under SAP than under GAAP; 7)
certain assets are not admitted for purposes of determining surplus under SAP;
8) methodologies used to determine the amounts of deferred taxes, intangible
assets and goodwill are different under SAP than under GAAP; and 9) the criteria
for obtaining reinsurance accounting treatment is different under SAP than under
GAAP.
Reconciliations of net income and stockholder's equity on the basis of statutory
accounting to the related amounts presented in the accompanying statements were
as follows:
<Table>
<Caption>
NET INCOME SHAREHOLDER'S EQUITY
2008 2007 2006 2008 2007
- -----------------------------------------------------------------------------------------------------------
Based on statutory accounting
practices $4,270 $5,747 $14,471 $45,986 $45,331
Deferred acquisition costs (114) 73 (249) 923 1,037
Deferred and uncollected
premiums (6) -- (8) 41 47
Policy and claim reserves 1,971 2,225 490 7,451 5,480
Investment valuation
difference 49 (26) 177 (6,748) 1,714
Commissions and fees 27 1,256 92 (243) (270)
Deferred taxes 744 (1,113) -- 785 (1,541)
Deferred gain on disposal of
businesses 151 171 41 (3,668) (4,412)
Goodwill -- -- -- 2,038 2,038
Income taxes -- (438) (1,093) -- --
Pension (148) (148) (150) (896) (748)
Reinsurance in unauthorized
companies -- -- -- 75 20
Interest maintenance reserve,
deferral and amortization (562) (83) (239) (288) 274
Asset valuation reserve -- -- -- 271 981
Non-admitted assets and other -- (4) (91) 3,962 3,192
------- -------- --------- --------- ---------
Based on generally accepted
accounting principles $6,382 $7,660 $13,441 $49,689 $53,143
------- -------- --------- --------- ---------
</Table>
Insurance enterprises are required by state insurance departments to adhere to
minimum risk-based capital ("RBC") requirements developed by the NAIC. The
Company exceeds the minimum RBC requirements.
F-21
<Page>
Dividend distributions to the Parent are restricted as to the amount by state
regulatory requirements. A dividend is extraordinary when combined with all
other dividends and distributions made with in the preceding 12 months exceeds
the greater of 10% of the insurers surplus as regards to policyholders on
December 31 of the next preceding year, or the net gain from operations. In
2008, the Company declared and paid dividends of $4,303, of which $4,303 was
ordinary and $0 was extraordinary. In 2007, the Company declared and paid
dividends of $12,000, of which $5,005 was ordinary and $6,995 was extraordinary.
The Company has the ability, under state regulatory requirements, to dividend up
to $4,399 to the Parent in 2009 without permission from New York regulators.
9. REINSURANCE
In the ordinary course of business, the Company is involved in both the
assumption and cession of reinsurance with non-affiliated companies. The
following table provides details of the reinsurance recoverables balance for the
years ended December 31:
<Table>
<Caption>
2008 2007
- -----------------------------------------------------------
Ceded future policy holder benefits
and expense $53,021 $45,871
Ceded unearned premium 8,607 10,038
Ceded claims and benefits payable 45,709 47,518
Ceded paid losses 1,794 3,394
---------- ----------
TOTAL $109,131 $106,821
---------- ----------
</Table>
The changes in direct premiums and premiums ceded were as follows:
<Table>
<Caption>
YEARS ENDED DECEMBER 31,
2008
LONG SHORT
DURATION DURATION TOTAL
- ------------------------------------------------------------------------------------------------
Direct
Premiums and other considerations $11,837 $55,405 $67,242
Premiums assumed -- 25,020 25,020
Premiums ceded (11,837) (15,572) (27,409)
-------- -------- --------
NET EARNED PREMIUMS AND OTHER
CONSIDERATIONS $ -- $64,853 $64,853
-------- -------- --------
Direct policyholder benefits $12,927 $30,532 $43,459
Benefits assumed -- 21,176 21,176
Benefits ceded (12,922) (12,086) (25,008)
-------- -------- --------
NET POLICYHOLDER BENEFITS $5 $39,622 $39,627
-------- -------- --------
<Caption>
YEARS ENDED DECEMBER 31,
2007
LONG SHORT
DURATION DURATION TOTAL
- -------------------------------------- --------------------------------------------------------
Direct
Premiums and other considerations $10,340 $56,149 $66,489
Premiums assumed -- 18,228 18,228
Premiums ceded (10,340) (14,165) (24,505)
-------- -------- --------
NET EARNED PREMIUMS AND OTHER
CONSIDERATIONS $ -- $60,212 $60,212
-------- -------- --------
Direct policyholder benefits $14,118 $35,515 $49,633
Benefits assumed -- 17,424 17,424
Benefits ceded (14,112) (12,255) (26,367)
-------- -------- --------
NET POLICYHOLDER BENEFITS $6 $40,684 $40,690
-------- -------- --------
<Caption>
YEARS ENDED DECEMBER 31,
2006
LONG SHORT
DURATION DURATION TOTAL
- -------------------------------------- --------------------------------------------------------
Direct
Premiums and other considerations $10,820 $60,482 $71,302
Premiums assumed -- 19,384 19,384
Premiums ceded (10,820) (18,528) (29,348)
-------- -------- --------
NET EARNED PREMIUMS AND OTHER
CONSIDERATIONS $ -- $61,338 $61,338
-------- -------- --------
Direct policyholder benefits $18,125 $34,334 $52,459
Benefits assumed -- 17,335 17,335
Benefits ceded (18,116) (19,394) (37,510)
-------- -------- --------
NET POLICYHOLDER BENEFITS $9 $32,275 $32,284
-------- -------- --------
</Table>
The Company utilizes ceded reinsurance for loss protection and capital
management and business divestitures.
LOSS PROTECTION AND CAPITAL MANAGEMENT
As part of the Company's overall risk and capacity management strategy, the
Company purchases reinsurance for certain risks underwritten by the Company,
including significant individual or catastrophic claims, which enables the
Company to free up capital to write additional business.
Under indemnity reinsurance transactions in which the Company is the ceding
insurer, the Company remains liable for policy claims if the assuming company
fails to meet its obligations. To mitigate this risk, the Company has control
procedures to evaluate the financial condition of reinsurers and to monitor the
concentration of credit risk. The selection of reinsurance companies is based on
criteria related to solvency and reliability and, to a lesser degree,
diversification as well as on developing strong relationships with the Company's
reinsurers for the sharing of risks. A.M. Best ratings for The Hartford and John
Hancock, the reinsurers we have the most exposure to, are A+ and A++,
respectively, although A.M. Best recently placed a negative outlook on the
issuer credit and financial strength ratings of both The Hartford and John
Hancock. The majority of our remaining reinsurance exposure has been ceded to
companies rated A- or better by A.M. Best, although A.M. Best recently placed a
negative outlook on the Life and Health insurance industry.
BUSINESS DIVESTITURES
The Company has used reinsurance to exit certain businesses, such as the
disposals of FFG and LTC. Reinsurance was used in these cases to facilitate the
transactions because the businesses shared legal entities with operating
segments that the Company retained. Assets supporting liabilities ceded relating
to these businesses are held in trusts for LTC and the separate accounts
relating to FFG are still reflected in the Company's balance sheet. If the
reinsurers became insolvent, we would be exposed to the risk that the assets in
the trusts and/or the separate accounts would be insufficient to support the
liabilities that would revert back to us. The reinsurance recoverable from The
Hartford was $3,206 and $3,258 as of December 31, 2008 and 2007, respectively.
The reinsurance recoverable from John Hancock was $59,063 and $53,803 as of
December 31, 2008 and 2007, respectively.
F-22
<Page>
The reinsurance agreement associated with the FFG sale also stipulates that The
Hartford contribute funds to increase the value of the separate account assets
relating to Modified Guaranteed Annuity business sold if such value declines
below the value of the associated liabilities. If The Hartford fails to fulfill
these obligations, the Company will be obligated to make these payments.
In addition, the Company would be responsible for administering this business in
the event of reinsurer insolvency. We do not currently have the administrative
systems and capabilities to process this business. Accordingly, we would need to
obtain those capabilities in the event of an insolvency of one or more of the
reinsurers of these businesses. We might be forced to obtain such capabilities
on unfavorable terms with a resulting material adverse effect on our results of
operations and financial condition.
As of December 31, 2008, we were not aware of any regulatory actions taken with
respect to the solvency of the insurance subsidiaries of The Hartford or John
Hancock that reinsure the FFG and LTC businesses, and the Company has not been
obligated to fulfill any of such reinsurers' obligations.
10. RESERVES
The following table provides reserve information by the Company's major lines of
business at the dates shown:
<Table>
<Caption>
DECEMBER 31, 2008
FUTURE
POLICY INCURRED
BENEFITS BUT NOT
AND UNEARNED CASE REPORTED
EXPENSES PREMIUMS RESERVE RESERVES
- ------------------------------------------------------------------------------------------------------------
LONG DURATION CONTRACTS:
Life insurance no longer
offered $1,657 $3 $ -- $686
FFG and other disposed
businesses 51,180 2,445 364 8,324
SHORT DURATION CONTRACTS:
Group term life -- 91 13,868 1,548
Group disability -- 321 99,608 8,628
Medical -- 4 707 27
Dental -- 90 50 1,080
Credit Life and Disability -- 6,837 4,075 2,727
-------- ------- ---------- --------
TOTAL $52,837 $9,791 $118,672 $23,020
-------- ------- ---------- --------
<Caption>
DECEMBER 31, 2007
FUTURE
POLICY INCURRED
BENEFITS BUT NOT
AND UNEARNED CASE REPORTED
EXPENSES PREMIUMS RESERVE RESERVES
- ------------------------------- ---------------------------------------------------------------------------
LONG DURATION CONTRACTS:
Life insurance no longer
offered $1,651 $3 $ -- $702
FFG and other disposed
businesses 45,349 2,530 336 8,901
SHORT DURATION CONTRACTS:
Group term life -- 71 14,685 1,662
Group disability -- 293 98,166 8,468
Medical -- 7 786 27
Dental -- 60 37 830
Credit Life and Disability 4 6,758 4,994 3,001
-------- ------- ---------- --------
TOTAL $47,004 $9,722 $119,004 $23,591
-------- ------- ---------- --------
</Table>
F-23
<Page>
The following table provides a roll-forward of the Company's product lines with
the most significant short duration claims and benefits payable balances: group
term life and group disability lines of business. Claims and benefits payable is
comprised of case and IBNR reserves.
<Table>
<Caption>
GROUP GROUP
TERM LIFE DISABILITY
- --------------------------------------------------------------------------------------------------
BALANCE AS OF JANUARY 1, 2006, GROSS OF REINSURANCE $18,632 $93,253
Less: Reinsurance ceded and other (1) (407) (27,577)
--------- ----------
Balance as of January 1, 2006, net of reinsurance 18,225 65,676
Incurred losses related to:
Current year 5,817 21,472
Prior year's interest 642 2,853
Prior year(s) (3,166) (6,089)
--------- ----------
TOTAL INCURRED LOSSES 3,293 18,236
Paid losses related to:
Current year 4,092 4,707
Prior year(s) 1,198 10,281
--------- ----------
TOTAL PAID LOSSES 5,290 14,988
Balance as of December 31, 2006, net of reinsurance 16,228 68,924
Plus: Reinsurance ceded and other (1) 401 31,670
--------- ----------
BALANCE AS OF DECEMBER 31, 2006, GROSS OF REINSURANCE 16,629 $100,594
Less: Reinsurance ceded and other (1) (401) (31,670)
--------- ----------
Balance as of January 1, 2007, net of reinsurance 16,228 68,924
Incurred losses related to:
Current year 5,189 19,500
Prior year's interest 588 3,166
Prior year(s) (1,465) 439
--------- ----------
TOTAL INCURRED LOSSES 4,312 23,105
Paid losses related to:
Current year 2,851 3,807
Prior year(s) 1,737 13,288
--------- ----------
TOTAL PAID LOSSES 4,588 17,095
Balance as of December 31, 2007, net of reinsurance 15,952 74,934
Plus: Reinsurance ceded and other (1) 395 31,700
--------- ----------
BALANCE AS OF DECEMBER 31, 2007, GROSS OF REINSURANCE 16,347 106,634
--------- ----------
Less: Reinsurance ceded and other (1) (395) (31,700)
--------- ----------
Balance as of January 1, 2008, net of reinsurance 15,952 74,934
Incurred losses related to:
Current year 6,992 26,528
Prior year's interest 526 3,073
Prior year(s) (1,994) (10,118)
--------- ----------
TOTAL INCURRED LOSSES 5,524 19,483
Paid losses related to:
Current year 4,115 6,402
Prior year(s) 2,173 12,422
--------- ----------
TOTAL PAID LOSSES 6,288 18,824
Balance as of December 31, 2008, net of reinsurance 15,188 75,593
Plus: Reinsurance ceded and other (1) 228 32,643
--------- ----------
BALANCE AS OF DECEMBER 31, 2008, GROSS OF REINSURANCE $15,416 $108,236
--------- ----------
</Table>
(1) Reinsurance ceded and other includes claims and benefits payable balances
that have either been (a) reinsured to third parties, (b) established for
claims related expenses whose subsequent payment is not recorded as a paid
claim, or (c) reserves established for obligations that would persist even
if contracts were cancelled (such as extension of benefits), which cannot
be analyzed appropriately under a roll-forward approach.
Short Duration Contracts
The Company's short duration contracts are comprised of group term life, group
disability, medical, dental, and credit life. The principal products and
services included in these categories are described in the summary of
significant accounting polices (see Note 2).
F-24
<Page>
Case and IBNR reserves are developed using actuarial principles and assumptions
that consider, among other things, contractual requirements, historical
utilization trends and payment patterns, benefit changes, medical inflation,
seasonality, membership, product mix, legislative and regulatory environment,
economic factors, disabled life mortality and claim termination rates and other
relevant factors. The Company consistently applies the principles and
assumptions listed above from year to year, while also giving due consideration
to the potential variability of these factors.
Since case and IBNR reserves include estimates developed from various actuarial
methods, the Company's actual losses incurred may be more or less than the
Company's previously developed estimates. As shown in the table above, if the
amounts listed on the line labeled "Incurred losses related to: Prior year" are
negative (redundant) this means that the Company's actual losses incurred
related to prior years for these lines were less than the estimates previously
made by the Company. If the line labeled "Incurred losses related to: Prior
year" are positive (deficient) this means that the Company's actual losses
incurred related to prior years for these lines were greater than the estimates
previously made by the Company.
The Group Term Life case and IBNR reserves redundancies in all years are due to
actual mortality rates running below those assumed in prior year reserves, and
actual recovery rates running higher than those assumed in prior year reserves.
Group Disability case and IBNR reserves show redundancies in 2006 and 2008 due
to actual claim recovery rates exceeding those in prior year reserves. In 2007,
there was a slight reserve deficiency as the block is small and subject to some
volatility year to year.
The Company's group disability products are short duration contracts that
include short and long term disability coverage. Case and IBNR reserves for
long-term disability have been discounted at 5.25% in 2008. The December 31,
2008 and 2007 liabilities net of reinsurance include $73,673 and $71,838,
respectively, of such reserves. The amount of discounts deducted from
outstanding reserves as of December 31, 2008 and 2007 are $24,219 and $25,753,
respectively.
Long Duration Contracts
The Company's long duration contracts are comprised of FFG and LTC disposed
businesses. The principal products and services included in these categories are
described in the summary of significant accounting polices (see Note 2).
The reserves for FFG and LTC are included in the Company's reserves in
accordance with FAS 113, ACCOUNTING AND REPORTING FOR REINSURANCE OF
SHORT-DURATION AND LONG-DURATION CONTRACTS. The Company maintains an offsetting
reinsurance recoverable related to these reserves (see Note 9).
11. RETIREMENT AND OTHER EMPLOYEE BENEFITS
The Parent sponsors a defined benefit pension plan and certain other post
retirement benefits covering employees and certain agents who meet eligibility
requirements as to age and length of service. Plan assets of the defined benefit
plans are not specifically identified by each participating subsidiary.
Therefore, a breakdown of plan assets is not reflected in these financial
statements. The Company has no legal obligation for benefits under these plans.
The benefits are based on years of service and career compensation. The Parent's
pension plan funding policy is to contribute amounts to the plan sufficient to
meet the minimum funding requirements set forth in the Employee Retirement
Income Security Act of 1974, plus additional amounts as the Parent may determine
to be appropriate from time to time up to the maximum permitted, and to charge
each subsidiary an allocable amount based on its employee census. Pension costs
allocated to the Company were approximately $124 for 2008, 2007 and 2006,
respectively.
The Company participates in a contributory profit sharing plan, sponsored by our
Parent, covering employees and certain agents who meet eligibility requirements
as to age and length of service. Benefits are payable to participants on
retirement or disability and to the beneficiaries of participants in the event
of death. For employees hired on or before December 31, 2000, the first 3% of an
employee's contribution is matched 200% by the Company. The second 2% is matched
50% by the Company. For employees hired after December 31, 2000, the first 3% of
an employee's contribution is matched 100% by the Company. The second 2% is
matched 50% by the Company. The amounts expensed under the contributory profit
sharing plan were $58, $68 and $48 for 2008, 2007 and 2006, respectively.
With respect to retirement benefits, the Company participates in other health
care and life insurance benefit plans (postretirement benefits) for retired
employees, sponsored by our Parent. Health care benefits, either through the
Parent's sponsored retiree plan for retirees under age 65 or through a cost
offset for individually purchased Medigap policies for retirees over age 65, are
available to employees who retire on or after January 1, 1993, at age 55 or
older, with 10 years or more service. Life insurance, on a retiree pay all
basis, is available to those who retire on or after January 1, 1993. During
2008, 2007 and 2006 the Company incurred expenses related to retirement benefits
of $24, $24 and $26, respectively.
F-25
<Page>
12. DEFERRED POLICY ACQUISITION COSTS
Information regarding deferred policy acquisition costs follows:
<Table>
<Caption>
DECEMBER 31,
2008 2007 2006
- --------------------------------------------------------------------------------
Beginning balance $1,037 $1,188 $1,437
Costs deferred 1,330 1,506 835
Amortization (1,444) (1,432) (1,084)
Cumulative effect of change in
accounting principle for SOP
05-01 -- (225) --
-------- -------- --------
ENDING BALANCE $923 $1,037 $1,188
-------- -------- --------
</Table>
13. GOODWILL
Information regarding goodwill follows:
<Table>
<Caption>
DECEMBER 31,
2008 2007
- --------------------------------------------------------------------------------
Beginning balance $2,038 $2,038
Acquisitions -- --
------- -------
ENDING BALANCE $2,038 $2,038
------- -------
</Table>
14. OTHER COMPREHENSIVE (LOSS) INCOME
The Company's components of other comprehensive income (loss), net of tax, are
as follows:
<Table>
<Caption>
ACCUMULATED OTHER
COMPREHENSIVE
(LOSS) INCOME
- --------------------------------------------------------------------------------
Balance at January 1, 2007 $2,354
--------
Unrealized losses on securities (1,120)
--------
Balance at December 31, 2007 1,234
--------
Unrealized losses on securities (5,533)
--------
BALANCE AT DECEMBER 31, 2008 $(4,299)
--------
</Table>
15. RELATED PARTY TRANSACTIONS
The Company received various services from the Parent. These services include
assistance in benefit plan administration, corporate insurance, accounting, tax,
auditing, investment, information systems, actuarial and other administrative
functions. The fees paid for these services for years ended December 31, 2008,
2007 and 2006 were $8,403, $9,605 and $7,964, respectively.
Administrative expenses allocated for the Company may be greater or less than
the expenses that would be incurred if the Company were operating as a separate
company.
The Company cedes group liability business to its affiliate, Union Security
Insurance Company ("USIC"). The Company has ceded $7,806, $6,813 and $6,916 of
premium to USIC in 2008, 2007 and 2006, respectively. The Company has ceded
$30,802, $29,569 and $29,151 of reserves in 2008, 2007 and 2006, respectively,
to USIC.
16. COMMITMENTS AND CONTINGENCIES
The Company leases office space and equipment under operating lease
arrangements. Certain facility leases contain escalation clauses based on
increases in the lessors' operating expenses. At December 31, 2008, the
aggregate future minimum lease payments under these operating lease agreements
that have initial or non-cancelable terms in excess of one year are:
<Table>
2009 $228
2010 172
2011 --
2012 --
2013 --
Thereafter --
-----
TOTAL MINIMUM FUTURE LEASE PAYMENTS $400
-----
</Table>
F-26
<Page>
Rent expense was $534, $481 and $564 for 2008, 2007 and 2006 respectively.
The Company is involved in litigation in the ordinary course of business, both
as a defendant and as a plaintiff. The Company may from time to time be subject
to a variety of legal and regulatory actions relating to the Company's current
and past business operations. While the Company cannot predict the outcome of
any pending or future litigation, examination or investigation and although no
assurances can be given, the Company does not believe that any pending matter
will have a material adverse effect on the Company's financial condition,
results of operations, or cash flows.
F-27
<Page>
PART II
<Page>
INFORMATION NOT REQUIRED IN PROSPECTUS
ITEM 13. OTHER EXPENSES OF ISSUANCE AND DISTRIBUTION
Not applicable.
ITEM 14. INDEMNIFICATION OF DIRECTORS AND OFFICERS
Union Security Life Insurance Company of New York's By-Laws provide for
indemnity and payment of expenses of the Company's officers and directors
in connection with certain legal proceedings, judgments, and settlements
arising by reason of their service as such, all to the extent and in the
manner permitted by law. Applicable New York law generally permits payment
of such indemnification and expenses if the person seeking indemnification
has acted in good faith and for a purpose that he reasonably believed to be
in, or not opposed to, the best interests of the Company, and, in a
criminal proceeding, if the person seeking indemnification also has no
reasonable cause to believe his conduct was unlawful.
There are agreements in place under which the underwriter and affiliated
persons of the Registrant may be indemnified against liabilities arising
out of acts or omissions in connection with the offer of the Contracts;
provided however, that so such indemnity will be made to the underwriter or
affiliated persons of the Registrant for liabilities to which they would
otherwise be subject by reason of willful misfeasance, bad faith or gross
negligence.
Insofar as indemnification for liabilities arising under 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 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 15. RECENT SALES OF UNREGISTERED SECURITIES
Not applicable.
<Page>
ITEM 16. EXHIBITS AND FINANCIAL STATEMENT SCHEDULES
<Table>
<Caption>
EXHIBIT
NUMBER DESCRIPTION METHOD OF FILING
- ---------------------------------------------------------------------------------------------------------
1 Underwriting Agreement Incorporated by reference to
Post-Effective Amendment No. 12 to the
Registration Statement File No. 333-65231 filed on
April 28, 2009.
3 (a) Amended and Restated Charter Incorporated by reference to Post-Effective
Amendment No. 19 to the Registration Statement
File No. 033-71686 filed on October 21, 2005.
3 (b) By-laws Incorporated by reference to Post-Effective
Amendment No. 19 to the Registration Statement
File No. 033-71686 filed on October 21, 2005.
4 Variable Annuity Contract Incorporated by reference to
Pre-Effective Amendment No. 1 to the
Registration Statement File No. 333-20343 filed on
May 9, 1997.
5 Opinion re legality Filed herewith.
21 Subsidiaries of the Registrant Incorporated by reference to Post-Effective
Amendment No. 17 to Registration Statement File
No. 333-79701 filed on April 21, 2008.
23 (a) Legal Consent Filed herewith as Exhibit 5.
23 (b) Consent of PricewaterhouseCoopers LLP, Filed herewith.
Independent Registered Public
Accounting Firm
24 Copy of Power of Attorney Filed herewith.
</Table>
ITEM 17. UNDERTAKINGS
(a) The undersigned registrant hereby undertakes:
(1) To file, during any period in which offers or sales are being
made, a post-effective amendment to this registration statement:
i. To include any Prospectus required by section 10(a)(3) of
the Securities Act of 1933;
ii. To reflect in the Prospectus any facts or events arising
after the effective date of the registration statement (or
the most recent post-effective amendment thereof) which,
individually or in the aggregate, represent a fundamental
change in the information set forth in the registration
statement;
iii. To include any material information with respect to the
plan of distribution not previously disclosed in the
registration statement or any material change to such
information in the registration statement;
(2) That, for the purpose of determining any liability under the
Securities Act of 1933, each such post-effective amendment shall
be deemed to be a new registration statement relating to the
securities offered therein, and the offering of such securities at
that time shall be deemed to be the initial bona fide offering
thereof.
<Page>
<Table>
(3) To remove from registration by means of a post-effective amendment any of the securities
being registered which remain unsold at the termination of the offering.
</Table>
(b) The undersigned Registrant hereby undertakes that, for purposes of
determining any liability under the Securities Act of 1933, each filing
of the Registrant's annual report pursuant to Section 13(a) or Section
15(d) of the Securities Exchange Act that is incorporated by reference in
the registration statement shall be deemed to be a new registration
statement relating to the securities offered therein, and the offering of
such securities at that time shall be deemed to be the initial bona fide
offering thereof.
<Page>
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the Registrant has
duly caused this Registration Statement to be signed on its behalf by the
undersigned, thereunto duly authorized, in the Town of Simsbury, State of
Connecticut on this 28th day of April, 2009.
UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK
<Table>
By: Manuel J. Becerra *By: /s/ Richard J. Wirth
----------------------------------- -----------------------------------
Manuel J. Becerra Richard J. Wirth
President* Attorney-In-Fact
</Table>
Pursuant to the requirements of the Securities Act of 1933, this amended
Registration Statement has been signed below by the following persons, in the
capacities and on the date indicated.
<Table>
Manuel J. Becerra, President, Director*
Terry J. Kryshak, Sr. Vice President, Director*
Michael J. Peninger, Chief Executive Officer, Chairman of the
Board, Director*
Melissa J. T. Hall, Assistant Treasurer, Director*
H. Carroll Mackin, Director*
Dale E. Gardner, Director*
Esther L. Nelson, Director*
Tamrha Mangelsen, Treasurer, Chief Financial Officer* *By: /s/ Richard J. Wirth
-----------------------------------
Allen R. Freedman, Director* Richard J. Wirth
Paula M. SeGuin, Chief Administrative Officer, Attorney-in-Fact
Vice President, Assistant Secretary, Director* Date: April 28, 2009
</Table>
333-20345
<Page>
EXHIBIT INDEX
<Table>
5 Opinion and Consent of Counsel.
23(a) Legal Consent filed as part of Exhibit 5.
23(b) Consent of PricewaterhouseCoopers LLP, Independent Registered Public Accounting Firm.
24 Copy of Power of Attorney.
</Table>