As filed with the Securities and Exchange Commission on May 30, 2023
1933 Act Registration No. 333-186895
1940 Act Registration No. 811-09763
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM N-4
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933
POST-EFFECTIVE AMENDMENT NO. 31
and
REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940
AMENDMENT NO. 645
Lincoln New York Account N for Variable Annuities
(Exact Name of Registrant)
Lincoln ChoicePlus AssuranceSM (Prime)
LINCOLN LIFE & ANNUITY COMPANY OF NEW YORK
(Name of Depositor)
120 Madison Street, Suite 1310
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
120 Madison Street, Suite 1310
Syracuse, New York 13202
(Name and Address of Agent for Service)
Copy to:
Carolyn E. Augur, Esquire
The Lincoln National Life Insurance Company
350 Church Street
Hartford, Connecticut 06103

Approximate Date of Proposed Public Offering: Continuous
It is proposed that this filing will become effective:
/X/ immediately upon filing pursuant to paragraph (b) of Rule 485
/ / on __________, 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.

Part A
The Prospectus for the Lincoln ChoicePlus AssuranceSM (Prime) variable annuity contract, as supplemented, is incorporated herein by reference to Post-Effective Amendment No. 30 (File No. 333-186895) filed on April 14, 2023.
Part B
The Statement of Additional Information for the Lincoln ChoicePlus AssuranceSM (Prime) variable annuity contract, including the financial statements of Lincoln New York and the financial statement of Lincoln New York Account N for Variable Annuities, is incorporated herein by reference to Post-Effective Amendment No. 30 (File No. 333-186895) filed on April 14, 2023.

 

LINCOLN LIFE & ANNUITY COMPANY OF NEW YORK

 

Lincoln New York Account N for Variable Annuities

 

Lincoln ChoicePlus AssuranceSM (Prime)

 

 

Supplement dated May 30, 2023 to the Prospectus dated May 1, 2023

 

This Supplement to your prospectus outlines important changes that become effective on and after June 20, 2023. These changes are related to:

 

a) Appendix A – Funds Available Under The Contract; and 

b) Appendix B – Investment Requirements.

 

All other provisions outlined in your variable annuity prospectus remain unchanged. This Supplement is for informational purposes and requires no action on your part.

 

The following line items are added to Appendix A – Funds Available Under the Contract:

 

Investment Objective Fund and Adviser/Sub-
adviser
Current
Expenses

Average Annual Total

Returns (as of 12/31/2022)

1 year 5 year 10 year
To provide long-term capital appreciation. First Trust Growth Strength Portfolio – Class I 1.20% N/A N/A N/A
To provide capital appreciation. First Trust International Developed Capital Strength Portfolio – Class I 1.20%1 -19.38% N/A N/A
Capital appreciation with the secondary goal of achieving current income by investing in equity securities. LVIP JPMorgan Mid Cap Value Fund – Service Class 0.98% N/A N/A N/A
Capital growth over the long term. LVIP JPMorgan Small Cap Core Fund – Service Class 1.01% -19.56% 3.79% 9.29%
High total return. LVIP JPMorgan U.S. Equity Fund – Service Class 0.92% -18.89% 9.97% 12.93%

 

1This fund is subject to an expense reimbursement or fee waiver arrangement. As a result, this fund’s annual expenses reflect temporary expense reductions. See the fund’s prospectus for additional information.

 

Appendix B – Investment Requirements: If you have elected a Living Benefit Rider, you may be subject to the Investment Requirements outlined in the prospectus, according to which Living Benefit Rider you own and when you elected that rider. Please refer to your prospectus to determine if you are subject to Investment Requirements. The changes outlined below are effective on June 20, 2023 and are added to the existing Investment Requirements in your prospectus. All other provisions of Investment Requirements remain unchanged.

 

Investment Requirements for other Living Benefit Riders purchased on or after November 28, 2016 (January 9, 2017 for existing Contractowners). If you elect i4LIFE® Advantage Select Guaranteed Income Benefit on or after November 28, 2016 (January 9, 2017 for existing Contractowners) but prior to May 21, 2018, Lincoln Market Select® Advantage on or after November 28, 2016 (January 9, 2017 for existing Contractowners), or if you are transitioning from Lincoln Market Select® Advantage to i4LIFE® Advantage Select Guaranteed Income Benefit, the following changes apply. The First Trust Growth Strength Portfolio, First Trust International Developed Capital Strength Portfolio, LVIP JPMorgan Mid Cap Value Fund, LVIP JPMorgan Small

 

 

 

 

Cap Core Fund and LVIP JPMorgan U.S. Equity Fund are added to the list of funds that cannot exceed 80% of your Contract Value.

 

Investment Requirements for i4LIFE® Advantage Guaranteed Income Benefit (version 4) riders purchased on or after February 8, 2016 and prior to November 28, 2016 (January 9, 2017 for existing Contractowners). If you elect i4LIFE® Advantage Guaranteed Income Benefit (version 4) riders purchased on or after February 8, 2016 and prior to November 28, 2016 (January 9, 2017 for existing Contractowners), the following changes apply. The First Trust Growth Strength Portfolio, First Trust International Developed Capital Strength Portfolio, LVIP JPMorgan Mid Cap Value Fund, LVIP JPMorgan Small Cap Core Fund and LVIP JPMorgan U.S. Equity Fund are added to the list of funds that cannot exceed 70% of your Contract Value.

 

 

Please retain this Supplement for future reference.

 

 

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Lincoln New York Account N for Variable Annuities
PART C - OTHER INFORMATION
Item 27. Exhibits
(b) Not applicable

(h) Fund Participation Agreements and Amendments between Lincoln Life & Annuity Company of New York and:
B-2

(j) Rule 22c-2 Agreements between Lincoln Life & Annuity Company of New York and:
B-3

(m) Not applicable
(n) Not applicable
(o) Not applicable
EX-101.SCH XBRL Taxonomy Extension Schema Document
Item 28. 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 New York Account N for Variable Annuities as well as the contracts. The list also shows Lincoln Life & Annuity Company of New York's executive officers.
B-4

Name
Positions and Offices with Depositor
Jayson R. Bronchetti*
Executive Vice President, Chief Investment Officer and Director
Adam M. Cohen*
Senior Vice President and Chief Accounting Officer
Ellen G. Cooper*
President and Director
Stephen B. Harris*
Senior Vice President and Chief Ethics and Compliance Officer
Mark E. Konen
4901 Avenue G
Austin, TX 78751
Director
M. Leanne Lachman
870 United Nations, Plaza, #19-E
New York, NY 10017
Director
Louis G. Marcoccia
Senior Vice President
Syracuse University
Crouse-Hinds Hall, Suite 620
900 S. Crouse Ave.
Syracuse, NY 13244
Director
Shantanu Mishra*
Senior Vice President and Treasurer
Christopher M. Neczypor*
Executive Vice President, Chief Financial Officer and Director
Patrick S. Pittard
20 Cates Ridge
Atlanta, GA 30327
Director
Robert O. Sheppard**
Assistant Vice President, General Counsel and Secretary
Joseph D. Spada***
Vice President and Chief Compliance Officer for Separate Accounts
*Principal business address is 150 N. Radnor-Chester Road, Radnor, PA 19087
**Principal business address is 120 Madison Street, Suite 1310, Syracuse, NY 13202
***Principal business address is 350 Church Street, Hartford, CT 06096
Item 29. Persons Controlled by or Under Common Control with the Depositor or Registrant
See Exhibit (p) above: Lincoln National Corporation Organization Chart
Item 30. 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. f 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
B-5

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 31. 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 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; Lincoln Variable Insurance Products Trust; Lincoln Advisors Trust.
(b) Officers and Directors of Lincoln Financial Distributors, Inc.:
Name
Positions and Offices with Underwriter
Andrew J. Bucklee*
Senior Vice President and Director
Jason M. Gibson**
Vice President and Chief Compliance Officer
Claire H. Hanna*
Secretary
John C. Kennedy*
President, Chief Executive Officer and Director
Shantanu Mishra*
Senior Vice President and Treasurer
William A. Nash***
Senior Vice President and Director
Thomas P. O'Neill*
Senior Vice President, Chief Operating Officer and Head of Financial
Institutions Group
Timothy J. Seifert Sr*
Senior Vice President and Director
*Principal Business address is 150 N. Radnor-Chester Road, Radnor, PA 19087
**Principal Business address is 1301 South Harrison Street, Fort Wayne, IN 46802
***Principal Business address is 3108 Rhett Butler Place, Charlotte, NC 28270
(c) N/A
Item 32. Location of Accounts and Records
This information is provided in the Registrant’s most recent report on Form N-CEN.
Item 33. Management Services
Not Applicable.
Item 34. Fee Representation
Lincoln New York represents that the fees and charges deducted under the contracts, in the aggregate, are reasonable in relation to the services rendered, the expenses expected to be incurred, and the risks assumed by Lincoln New York.
B-6

 

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 these registration statements and certifies has caused this Post-Effective Amendment No. 31 to the Registration Statement to be signed on its behalf, in the City of Fort Wayne, and the State of Indiana on this 24th day of May, 2023, at 9:04 am.

 

  LINCOLN NEW YORK ACCOUNT N FOR VARIABLE ANNUITIES
  (Registrant)
  Lincoln ChoicePlus AssuranceSM (Prime)
   
  By: /s/ Delson R. Campbell                
    Delson R. Campbell
    Vice President, Lincoln Life & Annuity Company of New York
    (Title)

 

Signed on its behalf, in the City of Hartford, and the State of Connecticut on this 24th day of May, 2023, at 8:25 am.

 

  LINCOLN LIFE & ANNUITY COMPANY OF NEW YORK
  (Depositor)
   
  By: /s/ Michelle L. Grindle                
    Michelle L. Grindle
    (Signature-Officer of Depositor)
    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 May 24, 2023, at 9:04 am.

 

Signature   Title
     
*/s/ Ellen G. Cooper   President and Director
Ellen G. Cooper    
     
*/s/ Christopher M. Neczypor   Executive Vice President, Chief Financial Officer,
Christopher M. Neczypor   and Director
     
*/s/ Jayson R. Bronchetti   Executive Vice President, Chief Investment Officer,
Jason R. Bronchetti   and Director
     
*/s/ Adam M. Cohen   Senior Vice President and Chief Accounting Officer
Adam M. Cohen    
     
*/s/ Mark E. Konen   Director
Mark E. Konen    
     
*/s/ M. Leanne Lachman   Director
M. Leanne Lachman    

 

*/s/ Louis G. Marcoccia   Director
Louis G. Marcoccia    
     
* /s/ Patrick S. Pittard   Director
Patrick S. Pittard    

 

* /s/ Delson R. Campbell , pursuant to a Power of Attorney
  Delson R. Campbell