Exhibit 10.02
THE USE OF THE FOLLOWING NOTATION IN THIS EXHIBIT INDICATES THAT THE
CONFIDENTIAL PORTION HAS BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL
TREATMENT AND THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES
AND EXCHANGE COMMISSION: [REDACTED]
ANNUITY REINSURANCE AGREEMENT
between
HARTFORD LIFE AND ANNUITY INSURANCE COMPANY
(the "Company")
and
COMMONWEALTH ANNUITY AND LIFE INSURANCE COMPANY
BRIGHTON, MASSACHUSETTS
(the "Reinsurer")
Dated June 1, 2018
TABLE OF CONTENTS
Page
ARTICLE I
DEFINITIONS
1
ARTICLE II
COVERAGE
15
ARTICLE III
ADMINISTRATION; GENERAL PROVISIONS
17
ARTICLE IV
INITIAL PAYMENTS
22
ARTICLE V
ADDITIONAL REINSURANCE PREMIUMS; EXPENSE
ALLOWANCE; COMMISSIONS
25
ARTICLE VI
ACCOUNTING AND SETTLEMENT
26
ARTICLE VII
TERMINATION FOR NON-PAYMENT
28
ARTICLE VIII
RECAPTURE
29
ARTICLE IX
TRUST ACCOUNT
33
ARTICLE X
DURATION AND TERMINATION
36
ARTICLE XI
INSOLVENCY
37
ARTICLE XII
DISPUTE RESOLUTION REGARDING ADMINISTRATION
37
ARTICLE XIII
DAC TAX ELECTION
39
ARTICLE XIV
CONFIDENTIALITY
40
ARTICLE XV
REPRESENTATIONS AND COVENANTS
41
ARTICLE XVI
INDEMNIFICATION
53
ARTICLE XVII
REINSURANCE CREDIT
61
ARTICLE XVIII
MISCELLANEOUS PROVISIONS
62
SCHEDULES
SCHEDULE 1.1(a)
-
INTERIM PERIOD INTEREST
SCHEDULE 1.1(b)
-
KNOWLEDGE OF THE COMPANY
SCHEDULE A
-
REINSURED CONTRACTS
SCHEDULE B
-
AMORTIZATION OF CEDING COMMISSION
SCHEDULE C
-
RECAPTURE PAYMENT FORMULA
SCHEDULE D
-
TERMINAL ACCOUNTING SETTLEMENT REPORT
SCHEDULE E
-
EXPENSE ALLOWANCE
SCHEDULE F-1
-
MONTHLY REINSURANCE SETTLEMENT REPORT
SCHEDULE F-2
-
SERIATIM DATA REPORT
SCHEDULE F-3
-
STATEMENT OF NAIC RESERVES
SCHEDULE G
-
ANNUAL FINANCIAL REPORTS
SCHEDULE H
-
ONGOING REPORTS
SCHEDULE I
-
INTEREST MAINTENANCE RESERVE
SCHEDULE J
-
COMMISSIONS
EXHIBITS
EXHIBIT 1
-
TRUST AGREEMENT
EXHIBIT 2
-
FORM OF RETROCESSION TRUST AGREEMENT
EXHIBIT 3
-
INVESTMENT GUIDELINES
ANNEXES
ANNEX A-1
-
ASSETS IN CONNECTION WITH ESTIMATED INITIAL REINSURANCE PREMIUM PART A
ANNEX B-1
-
ASSETS IN CONNECTION WITH ESTIMATED INITIAL REINSURANCE PREMIUM PART B
ANNUITY REINSURANCE AGREEMENT
This Annuity Reinsurance Agreement, dated June 1, 2018 (this "Agreement"), is
made and entered into by and between Hartford Life and Annuity Insurance
Company, a life insurance company organized under the laws of Connecticut (the
"Company"), and Commonwealth Annuity and Life Insurance Company, a life
insurance company organized under the laws of the Commonwealth of Massachusetts
(the "Reinsurer").
The Company agrees to cede and the Reinsurer agrees to accept liability under
the terms and conditions stated herein. This Agreement is an indemnity
reinsurance agreement solely between the Company and the Reinsurer. The Company
shall be and shall remain the only party hereunder that is liable to any
insured, contract holder, claimant or beneficiary under any annuity contract
reinsured hereunder.
ARTICLE I
DEFINITIONS
1.1.
Definitions. As used in this Agreement, the following terms shall have
the following meanings (definitions are applicable to both the singular and the
plural forms of each term defined in this Article):
"Account Value" means the account value, as defined in and determined in
accordance with the express terms of the Reinsured Contracts hereunder, without
regard to surrender charges.
"Action" means any claim, action, suit, litigation, arbitration, investigation,
inquiry, hearing,