485BPOS 1 pea17.htm pea17.htm
As filed with the Securities and Exchange Commission on November 10, 2011
1933 Act Registration No. 333-141754
1940 Act Registration No. 811-08441
 
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
FORM N-4
 
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 / /
 
POST-EFFECTIVE AMENDMENT NO. 17 /X/
 
and
 
REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940 / /
 
AMENDMENT NO. 179 /X/
 
Lincoln Life & Annuity Variable Annuity Account H
(Exact Name of Registrant)
 
American Legacy III View
 
LINCOLN LIFE & ANNUITY COMPANY OF NEW YORK
(Name of Depositor)
100 Madison Street, Suite 1860
Syracuse, New York 13202
(Address of Depositor's Principal Executive Offices)
 
Depositor's Telephone Number, Including Area Code: (315) 428-8400
 
     Robert O. Sheppard, Esquire
Lincoln Life & Annuity Company of New York
100 Madison Street, Suite 1860
Syracuse, New York 13202
(Name and Address of Agent for Service)
 
     Copy to:
Mary Jo Ardington, Esquire
The Lincoln National Life Insurance Company
1300 South Clinton Street
Post Office 1110
Fort Wayne, Indiana 46801
 
Approximate Date of Proposed Public Offering: Continuous
 
It is proposed that this filing will become effective:
 
 
/ / immediately upon filing pursuant to paragraph (b) of Rule 485 
 
/x/ on November 14, 2011, pursuant to paragraph (b) of Rule 485
 
/ / 60 days after filing pursuant to paragraph (a)(1) of Rule 485
 
/ / on ______________ pursuant to paragraph (a)(1) of Rule 485
 
Title of Securities being registered: Interests in a separate account under individual flexible
payment deferred variable annuity contracts.
 



 
 

 

LINCOLN LIFE & ANNUITY COMPANY OF NEW YORK
Lincoln Life & Annuity Variable Annuity Account H
American Legacy III View

Supplement dated November 10, 2011 to the Prospectus dated May 1, 2011

This supplement describes changes to the prospectus for your variable annuity contract for contracts purchased on or after November 14, 2011. It is for informational purposes and requires no action on your part.

The following changes will be effective for contracts purchased on or after November 14, 2011:
·  
an increase in the mortality and expense risk charge for the base contract;
·  
an increase in the charge for i4LIFE® Advantage; and
·  
an increase in the persistency credit percentage.

These changes result in the following revisions to your May 1, 2011 prospectus as supplemented. All other provisions of your prospectus remain unchanged. Refer to your prospectus for the charges applicable to contracts purchased prior to November 14, 2011.

Expense Tables – As of November 14, 2011, the expense charts below replace the corresponding charts in the Expense Tables section of the prospectus:

Expense Tables

The following tables describe the fees and expenses that you will pay when buying, owning, and surrendering the contract.

The first table describes the fees and expenses that you will pay at the time that you buy the contract, surrender the contract, or transfer contract value between investment options, and/or (if available) the fixed account. State premium taxes may also be deducted.

Contractowner Transaction Expenses:

Accumulation Phase:
 
Surrender charge (as a percentage of purchase payments surrendered/withdrawn):1
7.00%
Transfer charge:2
Up to $50
1The surrender charge percentage is reduced over time. The later the redemption occurs, the lower the surrender charge with respect to that surrender or withdrawal. We may reduce or waive this charge in certain situations. See Charges and Other Deductions - Surrender Charge.
2The transfer charge will not be imposed on the first 12 transfers during a contract year. We reserve the right to charge a -$50 fee for the 13th and each additional transfer during any contract year, excluding automatic dollar cost averaging, portfolio rebalancing and cross-reinvestment transfers.
The next four tables describe the fees and expenses that you will pay periodically during the time you own the contract, not including fund fees and expenses. Only one table will apply to a given contractowner. The tables differ based on whether the contractowner has purchased the i4LIFE® Advantage rider.
· Table A reflects the expenses for a contract that has not elected i4LIFE® Advantage (base contract).
· Table B reflects the expenses for a contract that has elected i4LIFE® Advantage.
· Table C reflects the expenses for a contract that has elected i4LIFE® Advantage and previously purchased 4LATER® Advantage with Guaranteed Income Benefit
· Table D reflects the expenses for a contract that has elected i4LIFE® Advantage and previously purchased Lincoln Lifetime IncomeSM Advantage 2.0.

Table A

Annual Account Fee:1
$35
Separate Account Annual Expenses (as a percentage of average daily net assets in the subaccounts):2,3
 
On or after November 14, 2011
Prior to November 14, 2011
Account Value Death Benefit
   
Mortality and Expense Risk Charge
1.55%
1.50%
Administrative Charge
0.10%
0.10%
Total Separate Account Expenses
1.65%
1.60%
Guarantee of Principal Death Benefit
   
Mortality and Expense Risk Charge
1.60%
1.55%
Administrative Charge
0.10%
0.10%
Total Separate Account Expenses
1.70%
1.65%
Enhanced Guaranteed Minimum Death Benefit (EGMDB)
   
Mortality and Expense Risk Charge
1.85%
1.80%
Administrative Charge
0.10%
0.10%
Total Separate Account Expenses
1.95%
1.90%
1The account fee will be waived if your contract value is $100,000 or more at the end of any particular contract year. This account fee will be waived after the fifteenth contract year. The account fee will also be deducted upon full surrender of the contract if the contract value is less than $100,000.
2In the event of a subsequent death benefit change, the charge will be based on the charges in effect at the time the contract was purchased.
3The mortality and expense risk charge and administrative charge together are 1.40% on and after the Annuity Commencement Date.
 
Optional Living Benefit Rider Charges:1
Single Life
Joint Life
Lincoln Lifetime IncomeSM Advantage 2.02
   
Guaranteed Maximum Charge
2.00%
2.00%
Current Charge
1.05%
1.25%
Lincoln Lifetime IncomeSM Advantage3
   
Guaranteed Maximum Charge
1.50%
1.50%
Current Charge
0.90%
0.90%
Lincoln SmartSecurity® Advantage – 1 Year Automatic Step-up option:4
   
Guaranteed Maximum Charge
1.50%
1.50%
Current Charge
0.65%
0.80%
Lincoln SmartSecurity® Advantage – 5 Year Elective Step-up option:4
   
Guaranteed Maximum Charge
0.95%
N/A
Current Charge
0.65%
N/A
4LATER® Advantage5
   
Guaranteed Maximum Charge
1.50%
N/A
Current Charge
0.65%
N/A
1Only one Living Benefit rider may be elected from this chart.
2As an annualized percentage of the Income Base (initial purchase payment or contract value at the time of election), as increased for subsequent purchase payments, Automatic Annual Step-ups, 5% Enhancements and decreased by Excess Withdrawals. See Charges and Other Deductions - Lincoln Lifetime IncomeSM Advantage 2.0 Charge for a discussion of these charges to the Income Base. This charge is deducted from the contract value on a quarterly basis.
3As an annualized percentage of the Guaranteed Amount (initial purchase payment or contract value at the time of election) as increased for subsequent purchase payments, Automatic Annual Step-ups, 5% Enhancements and the 200% Step-up and decreased for withdrawals. This charge is deducted from the contract value on a quarterly basis. See Charges and Other Deductions - Lincoln Lifetime IncomeSM Advantage Charge for further information. After December 31, 2010 (or later in some states), this rider is no longer available for sale.
4As an annualized percentage of the Guaranteed Amount (initial purchase payment or contract value at the time of election), as increased for subsequent purchase payments and step-ups and decreased for withdrawals. This charge is deducted from the contract value on a quarterly basis. See Charges and Other Deductions - Lincoln SmartSecurity® Advantage charge for further information. As of January 16, 2009, the Lincoln SmartSecurity ® Advantage – 5-Year Elective Step-up option is no longer available for purchase for all contractowners.
5As an annualized percentage of the Account Value (initial purchase payment or contract value at the time of election), as increased for subsequent purchase payments, automatic 15% Enhancements, and Resets and decreased for withdrawals. This charge is deducted from the subaccounts on a quarterly basis. See Charges and Other Deductions - 4LATER® Advantage Charge for further information.
Table B

Annual Account Fee1
$35
i4LIFE® Advantage Without Guaranteed Income Benefit (version 4)2
On or after November 14, 2011
Prior to November 14, 2011
Account Value Death Benefit
2.05%
2.00%
Guarantee of Principal Death Benefit
2.10%
2.05%
Enhanced Guaranteed Minimum Death Benefit (EGMDB)
2.35%
2.30%
1The account fee will be waived if your contract value is $100,000 or more at the end of any particular contract year. This account fee will be waived after the fifteenth contract year. The account fee will also be deducted upon full surrender of the contract if the contract value is less than $100,000.
2As an annualized percentage of average Account Value, computed daily. This charge is assessed on and after the effective date of i4LIFE® Advantage. See Charges and Other Deductions - i4LIFE® Advantage Charge for further information. The charges continue during the Access Period. The i4LIFE® Advantage charge is reduced to 1.65% during the Lifetime Income Period.
   
Annual Account Fee1
$35
i4LIFE® Advantage With Guaranteed Income Benefit (version 4)2
 
On or after November 14, 2011
Prior to November 14, 2011
 
Single Life
Joint Life
Single Life
Joint Life
Account Value Death Benefit
       
Guaranteed Maximum Charge
4.05%
4.05%
4.00%
4.00%
Current Charge
2.70%
2.90%
2.65%
2.85%
Guarantee of Principal Death Benefit
       
Guaranteed Maximum Charge
4.10%
4.10%
4.05%
4.05%
Current Charge
2.75%
2.95%
2.70%
2.90%
Enhanced Guaranteed Minimum Death Benefit (EGMDB)
       
Guaranteed Maximum Charge
4.35%
4.35%
4.30%
4.30%
Current Charge
3.00%
3.20%
2.95%
3.15%
1The account fee will be waived if your contract value is $100,000 or more at the end of any particular contract year. This account fee will be waived after the fifteenth contract year. The account fee will also be deducted upon full surrender of the contract if the contract value is less than $100,000.
2As an annualized percentage of Account Value, computed daily. This charge is assessed only on and after the effective date of the Guaranteed Income Benefit. The current annual charge for Guaranteed Income Benefit (version 4) is 0.65% of Account Value for the single life option and 0.85% of Account Value for the joint life option with a maximum charge of 2.00%. These charges are added to i4LIFE® Advantage charges to comprise the total charges reflected. During the Lifetime Income Period, the Guaranteed Income Benefit charges are added to the i4LIFE® Advantage charge of 1.65%.  See Charges and Other Deductions - i4LIFE® Advantage with Guaranteed Income Benefit Charge for further information.
   
Annual Account Fee1
$35
i4LIFE® Advantage With Guaranteed Income Benefit (versions 1, 2 and 3)2
 
Account Value Death Benefit
   
Guaranteed Maximum Charge
 
3.55%
Current Charge
 
2.55%
Guarantee of Principal Death Benefit
   
Guaranteed Maximum Charge
 
3.60%
Current Charge
 
2.60%
Enhanced Guaranteed Minimum Death Benefit (EGMDB)
   
Guaranteed Maximum Charge
 
3.85%
Current Charge
 
2.85%
1The account fee will be waived if your contract value is $100,000 or more at the end of any particular contract year. This account fee may be less in some states and will be waived after the fifteenth contract year. The account fee will also be deducted upon full surrender of the contract if the contract value is less than $100,000.
2The Guaranteed Income Benefit (versions 1, 2 and 3) are no longer available for election (unless the right to elect was provided under the terms of a previously purchased Living Benefit rider.) As an annualized percentage of average Account Value, computed daily. This charge is assessed only on and after the effective date of the Guaranteed Income Benefit. The current annual charge for Guaranteed Income Benefit (versions 1, 2 and 3) is 0.50% of Account Value with a maximum charge of 1.50%. These charges are added to the i4LIFE® Advantage charges to comprise the total charges reflected. During the Lifetime Income Period, the Guaranteed Income Benefit charges are added to the i4LIFE® Advantage charge of 1.65%. See Charges and Other Deductions - i4LIFE® Advantage with Guaranteed Income Benefit Charge for further information.


Table C

Annual Account Fee1
$35
i4LIFE® Advantage With 4LATER® Advantage Guaranteed Income Benefit for purchasers who previously purchased 4LATER® Advantage:2
 
On or after November 14, 2011
Prior to November 14, 2011
Account Value Death Benefit
   
Guaranteed Maximum Charge
3.55%
3.50%
Current Charge
2.70%
2.65%
Guarantee of Principal Death Benefit
   
Guaranteed Maximum Charge
3.60%
3.55%
Current Charge
2.75%
2.70%
Enhanced Guaranteed Minimum Death Benefit (EGMDB)
   
Guaranteed Maximum Charge
3.85%
3.80%
Current Charge
3.00%
2.95%
1The account fee will be waived if your contract value is $100,000 or more at the end of any particular contract year. This account fee will be waived after the fifteenth contract year. The account fee will also be deducted upon full surrender of the contract if the contract value is less than $100,000.
2As an annualized percentage of average Account Value, computed daily. This charge is assessed only on and after the effective date of i4LIFE® Advantage. The current annual charge for 4LATER® Advantage Guaranteed Income Benefit is 0.65% with a maximum charge of 1.50%.  This charge is added to i4LIFE® Advantage charges to comprise the total charges reflected. During the Lifetime Income Period, the 4LATER® Advantage Guaranteed Income Benefit charge is added to the i4LIFE® Advantage charge of 1.65%. See Charges and Other Deductions - 4LATER® Advantage Guaranteed Income Benefit Charge.

Table D

Annual Account Fee1
$35
i4LIFE® Advantage With Guaranteed Income Benefit (version 4) for purchasers who previously purchased Lincoln Lifetime IncomeSM Advantage 2.0:
Separate Account Annual Expenses (as a percentage of average daily net assets in the subaccounts)
On or after November 14, 2011
Prior to November 14, 2011
 
Single & Joint Life
Account Value Death Benefit
1.65%
1.60%
Guarantee of Principal Death Benefit
1.70%
1.65%
Enhanced Guaranteed Minimum Death Benefit (EGMDB)
1.95%
1.90%
i4LIFE® Advantage With Guaranteed Income Benefit (version 4)2
   
Guaranteed Maximum Charge
2.00%
2.00%
Current Charge
1.05%
1.25%
1The account fee will be waived if your contract value is $100,000 or more at the end of any particular contract year. This account fee will be waived after the fifteenth contract year. The account fee will also be deducted upon full surrender of the contract if the contract value is less than $100,000.
2As an annualized percentage of the greater of the Income Base (associated with Lincoln Lifetime IncomeSM Advantage 2.0) less the Guaranteed Annual Income amounts paid since the last step-up or contract value prior to electing i4LIFE® Advantage. This charge is deducted from Account Value on a quarterly basis and only on and after the effective date of i4LIFE® Advantage. In the event of an automatic step-up in the Guaranteed Income Benefit, the dollar amount of the charge will increase by a two-part formula: 1) the charge will increase by the same percentage as the Guaranteed Income Benefit payment increases and 2) the charge will also increase by the percentage increase, if any, to the Lincoln Lifetime IncomeSM Advantage 2.0 current charge rate. (The Lincoln Lifetime IncomeSM Advantage 2.0 charge continues to be a factor in determining the i4LIFE® Advantage with Guaranteed Income Benefit charge.) See Charges and Other Deductions - i4LIFE® Advantage with Guaranteed Income Benefit (version 4) for purchasers who previously purchased Lincoln Lifetime IncomeSM Advantage 2.0.

Examples – As of November 14, 2011, the following Examples section replaces in its entirety the Examples section of your prospectus.

These Examples are 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 contractowner transaction expenses, contract fees, separate account annual expenses, and fund fees and expenses. The Examples have been calculated using the fees and expenses of the funds prior to the application of any contractual waivers and/or reimbursements.

The first 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, the maximum fees and expenses of any of the funds and that the EGMDB death benefit and i4LIFE® Advantage with Guaranteed Income Benefit (version 4) at the guaranteed maximum charge are in effect. 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:

1 year
3 years
5 years
10 years
$1,253
$2,250
$2,735
$5,396

2) If you annuitize or do not surrender your contract at the end of the applicable time period:

1 year
3 years
5 years
10 years
$553
$1,650
$2,735
$5,396

The next 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, the maximum fees and expenses of any of the funds and that the EGMDB death benefit and Lincoln Lifetime IncomeSM Advantage 2.0 at the guaranteed maximum charge are in effect. 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:

1 year
3 years
5 years
10 years
$1,215
$2,173
$2,671
$5,593

2) If you annuitize or do not surrender your contract at the end of the applicable time period:

1 year
3 years
5 years
10 years
$515
$1,573
$2,671
$5,593

For more information, see Charges and Other Deductions in this prospectus, and the prospectus for the funds. Premium taxes may also apply, although they do not appear in the examples. The examples do not reflect persistency credits. Different fees and expenses not reflected in the examples may be imposed during a period in which annuity payouts are made. See The Contracts - Annuity Payouts. These examples should not be considered a representation of past or future expenses. Actual expenses may be more or less than those shown.

 
The Contracts – Persistency CreditsAs of November 14, 2011, the following paragraph replaces in its entirety the Persistency Credits section of your prospectus:
 
 
Persistency Credits. Contractowners will receive a persistency credit on a quarterly basis after the seventh contract anniversary. The amount of the persistency credit is calculated by multiplying the contract value, less any purchase payments that have not been invested in the contract for at least seven years, by 0.10% (0.0875% on contracts issued on or after July 22, 2005 and prior to November 14, 2011; 0.075% on contracts issued before July 22, 2005). This persistency credit will be allocated to the variable subaccounts and the DCA fixed account in proportion to the contract value in each variable subaccount and DCA fixed account at the time the persistency credit is paid into the contract. The amount of any persistency credit received will be noted on your quarterly statement. Confirmation statements for each individual transaction will not be issued.

There is no additional charge to receive this persistency credit, and in no case will the persistency credit be less than zero.

Please keep this supplement for future reference.




 
 
 

 



PART A

The prospectus for the American Legacy III View variable annuity contracts is incorporated herein by reference to Post-Effective Amendment No. 12 (File No. 333-141754) filed on April 8, 2011, and to the definitive 497 filing filed on May 3, 2011.

Supplement to the prospectus for the American Legacy III View variable annuity contracts is incorporated herein by reference to 497 Filing (File No. 333-141754) filed on June 3, 2011.
 
Supplement to the prospectus for the American Legacy III View variable annuity contracts is incorporated herein by reference to Post-Effective Amendment No. 13 (File No. 333-141754) filed on June 21, 2011.



PART B

The Statement of Additional Information for the American Legacy III View variable annuity contracts is incorporated herein by reference to Post-Effective Amendment No. 12 (File No. 333-141754) filed on April 8, 2011, and to the definitive 497 filing filed on May 3, 2011.

 
 

 

Lincoln Life & Annuity Variable Annuity Account H
PART C - OTHER INFORMATION
 
Item 24. Financial Statements and Exhibits
 
(a) List of Financial Statements
 
1. Part A
 
The Table of Condensed Financial Information is incorporated herein by reference to Post-Effective Amendment No. 12 (File No. 333-141754) filed on April 8, 2011.
 
2. Part B
 
The following financial statements for the Variable Account are incorporated herein by reference to Post-Effective Amendment No. 12 (File No. 333-141754) filed on April 8, 2011.
 
Statement of Assets and Liabilities - December 31, 2010
Statement of Operations - Year ended December 31, 2010
Statements of Changes in Net Assets - Years ended December 31, 2010 and 2009
Notes to Financial Statements - December 31, 2010
Report of Independent Registered Public Accounting Firm
 
3. Part B
 
The following financial statements for Lincoln Life & Annuity Company of New York are incorporated herein by reference to Post-Effective Amendment No. 12 (File No. 333-141754) filed on April 8, 2011.
 
Balance Sheets - Years ended December 31, 2010 and 2009
Statements of Income - Years ended December 31, 2010, 2009, and 2008
Statements of Shareholder's Equity - Years ended December 31, 2010, 2009, and 2008
Statements of Cash Flows - Years ended December 31, 2010, 2009, and 2008
Notes to Financial Statements - December 31, 2010
Report of Independent Registered Public Accounting Firm
 
(b)    
List of Exhibits
 
(1)     
Resolution of Board of Directors and Memorandum authorizing establishment of the Variable Account are incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-38007) filed on October 16, 1997.
 
(2)    
Not Applicable.
 
(3)     
(a) Selling Group Agreement - American Legacy Suite of Products incorporated herein by reference to Post-Effective Amendment No. 3 (File No. 333-87434) filed on April 14, 2004.
 
 
(b)     
Principal Underwriting Agreement between Lincoln Life & Annuity Company of New York and Lincoln Financial Distributors, Inc. incorporated herein by reference to Pre-Effective Amendment No. 1 (File No. 333-145531) filed on November 16, 2007.
 
(4)    
(a) Variable Annuity Contract incorporated herein by reference to Pre-Effective Amendment No. 1 (File No. 333-87434) filed on July 26, 2002.
 
(b)    
Persistency Credit Rider incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-87434) filed on May 2, 2002.
 
(c)     
Alternate Contract Specifications for Guarantee of Principal death benefit incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-87434) filed on May 2, 2002.
 
(d)     
Enhanced Guaranteed Minimum Death Benefit (EGMDB) Rider incorporated herein by reference to Pre-Effective Amendment No. 1 (File No. 333-87434) filed on July 26, 2002.
 
(e)    
IRA Contract Amendment (28877-E) incorporated herein by reference to Post-Effective Amendment No. 1 (File No. 333-87434) filed on April 16, 2003.
 
(f)    
IRA Contract Amendment (28877) incorporated herein by reference to Post-Effective Amendment No. 1 (File No. 333-87434) filed on April 16, 2003.
 
 
 
B-1

 
 
(g)     
Roth IRA Endorsement (5305-RB) incorporated herein by reference to Post-Effective Amendment No. 1 (File No. 333-87434) filed on April 16, 2003.
 
(h)     
Variable Annuity Income Rider (I4LA-Q) incorporated herein by reference to Post-Effective Amendment No. 1 (File No. 333- 87434) filed on April 16, 2003.
 
(i)     
Variable Annuity Income Rider (I4LA-NQ) incorporated herein by reference to Post-Effective Amendment No. 1 (File No. 333- 87434) filed on April 16, 2003.
 
(j)     
Section 403(b) Annuity Endorsement (32481NY-I) incorporated herein by reference to Post-Effective Amendment No. 1 (File No. 333-87434) filed on April 16, 2003.
 
(k)     
Variable Annuity Rider (32793B-NY 5/03) incorporated herein by reference to Post-Effective Amendment No. 3 (File No. 333- 87434) filed on April 14, 2004.
 
(l)     
Variable Annuity Contract (30070B NYL 5/03) incorporated herein by reference to Post-Effective Amendment No. 3 (File No. 333-87434) filed on April 14, 2004.
 
(m)     
Contract Specifications (CD NYAL3L) incorporated herein by reference to Post-Effective Amendment No. 3 (File No. 333- 87434) filed on April 14, 2004.
 
(n)     
Guaranteed Accumulation Values (NY LGV 5/03) incorporated herein by reference to Post-Effective Amendment No. 3 (File No. 333-87434) filed on April 14, 2004.
 
(o)     
Form of Variable Annuity Rider (32793HWM-B-NB-NY 4/04) incorporated herein by reference to Post-Effective Amendment No. 10 (File No. 333-93875) filed on December 20, 2004.
 
(p)     
Form of Contract Specifications Page for Account Value Death Benefit (CDNYAL3L 6/05) incorporated herein by reference to Post-Effective Amendment No. 5 (File No. 333-87434) filed on April 21, 2005.
 
(q)     
Form of Variable Annuity Income Rider (I4LA-NQ-PR-NY 6/04) incorporated herein by reference to Post-Effective Amend- ment No. 5 (File No. 333-87434) filed on April 21, 2005.
 
(r)     
Form of Variable Annuity Income Rider (I4LA-Q-PR-NY 6/04) incorporated herein by reference to Post-Effective Amendment No. 5 (File No. 333-87434) filed on April 21, 2005.
 
(s)     
Form of Contract Benefit Data for GIB (CBNY-AL3L-Q-PR 6/04) incorporated herein by reference to Post-Effective Amend- ment No. 5 (File No. 333-87434) filed on April 21, 2005.
 
(t)     
Form of Contract Benefit Data for GIB (CBNY-AL3L-NQ-PR 6/04) incorporated herein by reference to Post-Effective Amend- ment No. 5 (File No. 333-87434) filed on April 21, 2005.
 
(u)     
Form of Variable Annuity Income Rider (i4LA-NQ 9/05) incorporated herein by reference to Post-Effective No. 12 (File No. 333-35784) filed on June 20, 2005.
 
(v)     
Form of Variable Annuity Income Rider (i4LA-Q 9/05) incorporated herein by reference to Post-Effective No. 12 (File No. 333- 35784) filed on June 20, 2005.
 
(w)     
Form of Variable Annuity Income Rider (i4LA-NQ-PR 9/05) incorporated herein by reference to Post-Effective No. 12 (File No. 333-35784) filed on June 20, 2005.
 
(x)     
Form of Variable Annuity Income Rider (i4LA-Q-PR 9/05) incorporated herein by reference to Post-Effective No. 12 (File No. 333-35784) filed on June 20, 2005.
 
(y)     
Guaranteed Income Later Rider (4LATER 2/06) incorporated herein by reference to Post-Effective Amendment No. 23 (File No. 333-36316) filed on April 4, 2006.
 
(z)     
Guaranteed Income Benefit Rider (GIB 1/06) incorporated herein by reference to Post-Effective Amendment No. 22 (File No. 333-04937) filed on April 18, 2006.
 
(aa)    
Guaranteed Income Benefit Rider (IGIB 1/06) incorporated herein by reference to Post-Effective Amendment No. 22 (File No. 333-40937) filed on April 18, 2006.
 
(bb)    
Contract Benefit Data (CBD 1/06) incorporated herein by reference to Post-Effective Amendment No. 22 (File No. 333- 40937) filed on April 18, 2006.
 
 
B-2

 
 
(cc)    
Allocation Amendment (AR503 1/06) incorporated herein by reference to Post-Effective Amendment No. 22 (File No. 333- 40937) filed on April 18, 2006.
 
(dd)    
Variable Annuity Payment Option Rider (I4LA-Q 1/06) incorporated herein by reference to Post-Effective Amendment No. 22 (File No. 333-40937) filed on April 18, 2006.
 
(ee)     
Variable Annuity Payment Option Rider (I4LA-NQ 1/06) incorporated herein by reference to Post-Effective Amendment No. 22 (File No. 333-40937) filed on April 18, 2006.
 
 
(ff)     
Variable Annuity Rider (32793 7/06 NY) incorporated herein by reference to Post-Effective Amendment No. 8 (File No. 333- 87434) filed on November 7, 2006.
 
 
(gg)     
Variable Annuity Death Benefit Rider (DB-1 1/06) incorporated herein by reference to Pre-Effective Amendment No. 1 (File No. 333-145531) filed on November 16, 2007.
 
 
(hh)     
Variable Annuity Death Benefit Rider (DB-2 1/06) incorporated herein by reference to Pre-Effective Amendment No. 1 (File No. 333-145531) filed on November 16, 2007.
 
 
(ii)     
Variable Annuity Death Benefit Rider (DB-3 1/06) incorporated herein by reference to Pre-Effective Amendment No. 1 (File No. 333-145531) filed on November 16, 2007.
 
 
(jj)     
Variable Annuity Death Benefit Rider (DB-6 1/06) incorporated herein by reference to Pre-Effective Amendment No. 1 (File No. 333-145531) filed on November 16, 2007.
 
 
(kk)     
Variable Annuity Death Benefit Rider (DB-9 1/06) incorporated herein by reference to Pre-Effective Amendment No. 1 (File No. 333-145531) filed on November 16, 2007.
 
 
(ll)     
Variable Annuity Living Benefits Rider (AR-512 2/08) incorporated herein by reference to Post-Effective Amendment No. 24 (File No. 333-61554) filed on December 18, 2007.
 
 
(mm)    
Guaranteed Income Benefit Rider (AGIB NY 10/08) incorporated herein by reference to Post-Effective Amendment No. 7 (File No. 333-141763) filed on April 7, 2009.
 
 
(nn)     
Section 403(b) Annuity Endorsement (32481NY-I-12/08) incorporated herein by reference to Post-Effective Amendment No. 7 (File No. 333-141763) filed on April 7, 2009.
 
 
(oo)     
Variable Annuity Guaranteed Income Benefit Rider (LINC 2.0) (AR-529 8/10 NY) incorporated herein by reference to Post- Effective Amendment No. 12 (File No. 333-145531) filed on October 28, 2010.
 
 
(pp)     
Guaranteed Income Benefit Rider (GIB v4) (AR-528 8/10 NY ) incorporated herein by reference to Post-Effective Amendment No. 12 (File No. 333-145531) filed on October 28, 2010.
 
 
(qq)     
Contract Benefit Data (CBD 8/10 NY) incorporated herein by reference to Post-Effective Amendment No. 12 (File No. 333- 145531) filed on October 28, 2010.
 
 
(rr)     
Variable Annuity Payment Option Rider (I4LA-NQ 8/10 NY Rev 09/02) incorporated herein by reference to Post-Effective Amendment No. 12 (File No. 333-145531) filed on October 28, 2010.
 
 
(ss)     
Variable Annuity Payment Option Rider (I4LA-Q 8/10 NY Rev 09/02) incorporated herein by reference to Post-Effective Amendment No. 12 (File No. 333-145531) filed on October 28, 2010.
 
 
B-3

 
 
 
(5)     
Application (AN06747NY1 2/10) incorporated herein by reference to Post-Effective Amendment No. 9 (File No. 333-141754) filed on April 9, 2010.
 
(6)     
Amended and Restated Bylaws of Lincoln Life & Annuity Company of New York incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-175691) filed on July 21, 2011.
 
(7)
(a)  
Automatic Indemnity Reinsurance Agreement dated December 31, 2007, Amended and Restated as of January 1, 2010, between Lincoln Life & Annuity Company of New York and Lincoln National Reinsurance Company (Barbados) Limited incorporated herein by reference to Post-Effective Amendment No. 9 (File No. 333-141758) filed on April 7, 2010.
 
 
(b)     
Novation Agreement effective as of January 1, 2010 by and among Lincoln National Reinsurance Company (Barbados) Lim- ited, Lincoln Life & Annuity Company of New York and The Lincoln National Life Insurance Company incorporated herein by reference to Post-Effective Amendment No. 9 (File No. 333-141758) filed on April 7, 2010.
 
(8)     
(a) Accounting and Financial Administration Services Agreement dated October 1, 2007 among Mellon Bank, N.A., The Lincoln National Life Insurance Company and Lincoln Life & Annuity Company of New York incorporated herein by reference to Reg- istration Statement on Form N-4 (File No. 333-147673) filed on November 28, 2007.
 
 
(b)    
Fund Participation Agreements among Lincoln Life & Annuity Company of New York and:
 
   
(i)     
American Funds Insurance Series incorporated herein by reference to Post-Effective Amendment No. 14 on Form N-6 (File No. 333-155333) filed on April 1, 2011.
 
   
(ii)    
Lincoln Variable Insurance Products Trust incorporated herein by reference to Post-Effective Amendment No. 14 on Form N-6 (File No. 333-155333) filed on April 1, 2011.
 
(c)    
Rule 22c-2 Agreement between Lincoln Life & Annuity Company of New York and:
   
 
   
(i)    
American Funds Insurance Series incorporated herein by reference to Post-Effective Amendment No. 30 (File No. 333- 36304) filed on May 29, 2008.
   
 
   
(ii)    
Lincoln Variable Insurance Products Trust incorporated herein by reference to Pre-Effective Amendment No. 1 (File No. 333-149449) filed on November 26, 2008.
   
 
(9)     
Opinion and Consent of Mary Jo Ardington, Senior Counsel of The Lincoln National Life Insurance Company as to the legality of securities being issued incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-141754) filed on April 2, 2007.
 
 
(10)    
(a) Consent of Ernst & Young LLP, Independent Registered Public Accounting Firm
 
 
 
(b)     
Power of Attorney - Principal Officers and Directors of Lincoln Life & Annuity Company of New York incorporated herein by reference to Post-Effective Amendment No. 12 (File No. 333-141754) filed on April 8, 2011.
   
 
(11)    
Not Applicable
 
 
(12)    
Not Applicable
 
 
(13)     
Organizational Chart of The Lincoln National Insurance Holding Company System incorporated herein by reference to Registration on Form N-4 (File No. 333-177663) filed on November 2, 2011.
 
 
 
 
B-4

 
 
Item 25. Directors and Officers of the Depositor
 
The following list contains the officers and directors of Lincoln Life & Annuity Company of New York who are engaged directly or indirectly in activities relating to Lincoln Life & Annuity Variable Annuity Account H as well as the contracts. The list also shows Lincoln Life & Annuity Company of New York's executive officers.
 
Name 
Positions and Offices with Depositor 
 
Charles C. Cornelio***
Executive Vice President, Chief Administrative Officer and Director 
 
Randal J. Freitag** 
Executive Vice President, Chief Financial Officer and Director 
 
Frederick J. Crawford** 
Executive Vice President and Director 
 
C. Phillip Elam, II***
Senior Vice President and Chief Investment Officer 
 
Dennis R. Glass** 
President and Director 
 
George W. Henderson, III 
Director 
 
Granville Capital 
   
300 N. Greene Street 
   
Greensboro, NC 27401 
   
Mark E. Konen*** 
Senior Vice President and Director 
 
M. Leanne Lachman 
Director 
 
870 United Nations, Plaza, #19-E 
   
New York, NY 10017 
   
Louis G. Marcoccia 
Director 
 
Senior Vice President 
   
Syracuse University 
   
Crouse-Hinds Hall, Suite 620 
   
900 S. Crouse Ave. 
   
Syracuse, NY 13244 
   
Patrick S. Pittard 
Director 
 
20 Cates Ridge 
   
Atlanta, GA 30327 
   
Robert O. Sheppard* 
Second Vice President, General Counsel and Secretary 
 
Anant Bhalla** 
Vice President and Treasurer 
 
    *Principal business address is 100 Madison Street, Suite 1860, Syracuse, NY 13202
  **Principal business address is Radnor Financial Center, 150 Radnor Chester Road, Radnor, PA 19087
***Principal business address is 100 N. Greene Street, Greensboro, NC 27401
 
Item 26. Persons Controlled by or Under Common Control with the Depositor or Registrant
See Exhibit 13: Organizational Chart of the Lincoln National Insurance Holding Company System.
 
Item 27. Number of Contractowners
As of September 30, 2011 there were 8,283 contract owners under Account H.
 
Item 28. Indemnification
 
(a)    
Brief description of indemnification provisions.
 
 
In general, Article VII of the By-Laws of Lincoln Life & Annuity Company of New York provides that Lincoln New York will indemnify certain persons against expenses, judgments and certain other specified costs incurred by any such person if he/she is made a party or is threatened to be made a party to a suit or proceeding because he/she was a director, officer, or employee of Lincoln New York, as long as he/she acted in good faith and in a manner he/she reasonably believed to be in the best interests of, or act opposed to the best interests of, Lincoln New York. Certain additional conditions apply to indemnification in criminal proceedings.
 
 
In particular, separate conditions govern indemnification of directors, officers, and employees of Lincoln New York in connection with suits by, or in the right of, Lincoln New York.
 
 
Please refer to Article VII of the By-Laws of Lincoln New York (Exhibit no. 6 hereto) for the full text of the indemnification provisions. Indemnification is permitted by, and is subject to the requirements of, New York law.
 
 
(b)    
Undertaking pursuant to Rule 484 of Regulation C under the Securities Act of 1933:
 
 
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 provisions described in Item 28(a) above 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 such 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.
 
 
 
 
B-5

 
 
Item 29. Principal Underwriter
 
(a)     
Lincoln Financial Distributors, Inc. ("LFD") currently serves as Principal Underwriter for: Lincoln National Variable Annuity Account C; Lincoln National Flexible Premium Variable Life Account D; Lincoln National Variable Annuity Account E; Lincoln National Flexible Premium Variable Life Account F; Lincoln National Flexible Premium Variable Life Account G; Lincoln National Variable Annuity Account H; Lincoln Life & Annuity Variable Annuity Account H; Lincoln Life Flexible Premium Variable Life Account J; Lincoln Life Flexible Premium Variable Life Account K; Lincoln National Variable Annuity Account L; Lincoln Life & Annuity Variable Annuity Account L; Lincoln Life Flexible Premium Variable Life Account M; Lincoln Life & Annuity Flexible Premium Variable Life Account M; Lincoln Life Variable Annuity Account N; Lincoln New York Account N for Variable Annuities; Lincoln Life Variable Annuity Account Q; Lincoln Life Flexible Premium Variable Life Account R; LLANY Separate Account R for Flexible Premium Variable Life Insurance; Lincoln Life Flexible Premium Variable Life Account S; LLANY Separate Account S for Flexible Premium Variable Life Insurance; Lincoln Life Variable Annuity Account T; Lincoln Life Variable Annuity Account W; and Lincoln Life Flexible Premium Variable Life Account Y and Lincoln Life & Annuity Flexible Premium Variable Life Account Y; Lincoln Variable Insurance Products Trust; Lincoln Life Variable Annuity Account JF-H; Lincoln Life Variable Annuity Account JF-I; Lincoln Life Flexible Premium Variable Life Account JF-A; Lincoln Life Flexible Premium Variable Life Account JF-C; Lincoln Life Variable Annuity Account JL-A; Lincoln Life & Annuity Flexible Premium Variable Life Account JA-B.
 
 
(b)    
Officers and Directors of Lincoln Financial Distributors, Inc.:
 
Name 
Positions and Offices with Underwriter 
Wilford H. Fuller* 
President, Chief Executive Officer and Director 
David M. Kittredge* 
Senior Vice President 
Anant Bhalla* 
Vice President and Treasurer 
Patrick J. Caulfield** 
Vice President and Chief Compliance Officer 
Joel Schwartz* 
Senior Vice President and Director 
Keith J. Ryan*** 
Vice President and Chief Financial Officer 
Patricia A. Insley* 
Senior Vice President and Director 
Thomas P. O'Neill* 
Senior Vice President and Director 
Linda E. Woodward*** 
Secretary 
 
*Principal Business address is Radnor Financial Center, 150 Radnor Chester Road, Radnor PA 19087
**Principal Business address is 350 Church Street, Hartford, CT 06103
***Principal Business address is 1300 S. Clinton Street, Ft. Wayne, IN 46802
 
(c) N/A
 
Item 30. Location of Accounts and Records
 
All accounts, books, and other documents, required to be maintained by Section 31a of the 1940 Act and the Rules promulgated thereunder are maintained by The Lincoln National Life Insurance Company ("Lincoln Life"), 1300 South Clinton Street, Fort Wayne, Indiana 46802 pursuant to an administrative services agreement with Lincoln Life & Annuity Company of New York. Lincoln Life has entered into an agreement with Bank of New York Mellon, One Mellon Bank Center, 500 Grant Street, Pittsburgh, PA 15258, to provide accounting services for the VAA.
 
Item 31. Management Services
 
Not Applicable.
 
Item 32. Undertakings
 
(a)     
Registrant undertakes that it will file a post-effective amendment to this registration statement as frequently as necessary to ensure that the audited financial statements in the registration statement are never more than 16 months old for so long as payments under the variable annuity contracts may be accepted.
 
 
(b)     
Registrant undertakes that it will include either (1) as part of any application to purchase a Certificate or an Individual Contract offered by the Prospectus, a space that an applicant can check to request a Statement of Additional Information, or (2) a post card or a similar written communication affixed to or included in the Prospectus that the applicant can remove to send for a Statement of Additional Information.
 
 
(c)     
Registrant undertakes to deliver any Statement of Additional Information and any financial statements required to be made available under this Form promptly upon written or oral request to Lincoln New York at the address or phone number listed in the Prospectus.
 
 
(d)     
Lincoln Life & Annuity Company of New York hereby represents that the fees and charges deducted under the contract, in the aggregate, are reasonable in relation to the services rendered, the expenses expected to be incurred, and the risks assumed by Lincoln Life & Annuity Company of New York.
 
 
B-6
 

 
 
 
(e)     
Registrant hereby represents that it is relying on the American Council of Life Insurance (avail. Nov. 28, 1988) no-action letter with respect to Contracts used in connection with retirement plans meeting the requirements of Section 403(b) of the Internal Revenue Code, and represents further that it will comply with the provisions of paragraphs (1) through (4) set forth in that no-action letter.
 
 
 
 
 
SIGNATURES
 
(a)     
As required by the Securities Act of 1933 and the Investment Company Act of 1940, the Registrant  certifies that it meets the requirements of Securities Act Rule 485(b) for effectiveness of this Registration Statement and has caused this Post-Effective Amendment No. 17 to the Registration Statement to be signed on its behalf, in the City of Fort Wayne, and State of Indiana on this 10th day of November, 2011.
 
Lincoln Life & Annuity Variable Annuity Account H (Registrant)
American Legacy III View
 
By: /s/Delson R. Campbell
Delson R. Campbell
Vice President, Lincoln Life & Annuity Company of New York (Title)
 
LINCOLN LIFE & ANNUITY COMPANY OF NEW YORK (Depositor)
 
By: /s/Brian A. Kroll
Brian A. Kroll
Senior Vice President, Lincoln Life & Annuity Company of New York
(Title)
 
(b)    
As required by the Securities Act of 1933, this Amendment to the Registration Statement has been signed by the following persons in their capacities indicated on November 10, 2011.
Signature 
Title 
*
President 
Dennis R. Glass 
(Principal Executive Officer) 
*
Executive Vice President, Chief Administrative Officer and Direc- 
Charles C. Cornelio 
tor 
*
Executive Vice President and Director 
Frederick J. Crawford 
 
*
Senior Vice President and Chief Investment Officer 
C. Phillip Elam II 
 
*
Executive Vice President, Chief Financial Officer and Director 
Randal J. Freitag 
(Principal Financial Officer) 
*
Director 
George W. Henderson, III 
 
*
Director 
Mark E. Konen 
 
*
Director 
M. Leanne Lachman 
 
*
Director 
Louis G. Marcoccia 
 
*
Director 
Patrick S. Pittard 
 
*By:/s/Delson R. Campbell 
Pursuant to a Power of Attorney 
           Delson R. Campbell 
 
 
B-7