DEF 14A
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file001.txt
AZL OPP EMERG GROWTH PROXY STMT
SCHEDULE 14A INFORMATION
Proxy Statement Pursuant to Section 14(a)
of the Securities Exchange Act of 1934 (Amendment No. )
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14A-6(E)(2))
[X] Definitive Proxy Statement
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[ ] Soliciting Material Pursuant to Rule 14a-12
ALLIANZ VARIABLE INSURANCE PRODUCTS TRUST
(Name of Registrant as Specified in its Charter)
_____________________________________________________________
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statement number, or the Form or Schedule and the date of its filing.
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ALLIANZ VARIABLE INSURANCE PRODUCTS TRUST
AZL OPPENHEIMER EMERGING GROWTH FUND
5701 GOLDEN HILLS DRIVE -- MINNEAPOLIS, MINNESOTA 55416-1297
July 20, 2006
DEAR CONTRACT OWNER:
The Board of Trustees of the Allianz Variable Insurance Products Trust (the
"Trust") has called a special meeting of the shareholders of AZL Oppenheimer
Emerging Growth Fund (the "Fund"). The enclosed proxy statement details a
proposed change relating to the subadviser of the Fund, a series of the Trust.
Specifically, the Trust's Board of Trustees has recommended that Oppenheimer
Capital LLC ("OpCap") manage the Fund, replacing OppenheimerFunds, Inc. ("OFI")
as the Fund's subadviser. The proposed change of subadvisers will not change the
fees payable by the Fund or by its shareholders. The proposed change, if
approved by shareholders of the Fund, is expected to take place on or about
August 28, 2006, and the name of the Fund will change to "AZL OCC Opportunity
Fund" at that time. The Board of Trustees is requesting that shareholders
approve the replacement of OFI with OpCap as the subadviser to the Fund upon the
recommendation of Allianz Life Advisers, LLC, the Fund's investment adviser (the
"Adviser"). The Adviser's recommendation was based on several factors,
including:
o The recent departure of key investment personnel from OFI;
o OpCap's portfolio management experience;
o Prior performance of OpCap's investment team;
o Risk profiles of OpCap's investment process; and
o The proposed subadvisory fees and potential economies of scale.
As the owner of a variable annuity contract or a variable life insurance policy
issued by Allianz Life Insurance Company of North America or Allianz Life
Insurance Company of New York, you are an indirect participant in the Fund.
Accordingly, we are asking you to indicate whether you approve or disapprove of
this proposal by completing and returning the enclosed voting instruction form.
THE BOARD OF TRUSTEES UNANIMOUSLY RECOMMENDS THAT YOU VOTE "FOR" THIS PROPOSAL.
Whether or not you plan to attend the Meeting, please complete, sign, and return
the enclosed voting instruction form so that your vote may be counted. A
postage-paid envelope is enclosed for this purpose. You also may vote on the
internet or by telephone by following the directions on the enclosed voting
instruction form.
Thank you for your prompt attention and participation.
Sincerely,
Jeffrey Kletti
President
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ALLIANZ VARIABLE INSURANCE PRODUCTS TRUST
AZL OPPENHEIMER EMERGING GROWTH FUND
5701 GOLDEN HILLS DRIVE -- MINNEAPOLIS, MINNESOTA 55416-1297
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NOTICE OF A SPECIAL MEETING OF SHAREHOLDERS TO BE HELD AUGUST 24, 2006
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Notice is hereby given that a Special Meeting of Shareholders (the "Meeting") of
AZL Oppenheimer Emerging Growth Fund (the "Fund") will be held on August 24,
2006, at 10:00 a.m., Eastern Time, at the offices of BISYS Fund Services, Inc.,
3435 Stelzer Road, Columbus, Ohio 43219, for the following purposes:
1.To approve a subadvisory agreement between Allianz Life Advisers, LLC and
Oppenheimer Capital LLC ("OpCap"), so that OpCap will replace
OppenheimerFunds, Inc. ("OFI") as the subadviser for the Fund; and
2.To consider and act upon any matters incidental to the foregoing and to
transact such other business as may properly come before the Meeting and
any adjournment or adjournments thereof.
Shareholders of record of the Fund at the close of business on July 10, 2006,
are entitled to notice of, and to vote at, this Meeting or any adjournment of
this Meeting.
The Fund issues and sells its shares to separate accounts of Allianz Life
Insurance Company of North America and Allianz Life Insurance Company of New
York (collectively, "Allianz"). The separate accounts hold shares of mutual
funds, including the Fund, that provide a funding vehicle under variable annuity
contracts and variable life insurance policies issued by Allianz (collectively,
the "Variable Contracts").
As the record owner of the assets held in the separate accounts, Allianz is the
sole shareholder of the Fund and is entitled to vote all of the shares of the
Fund. However, pursuant to applicable laws, Allianz votes outstanding shares of
the Fund in accordance with instructions received from the owners of the
Variable Contracts. This Notice is being delivered to Variable Contract owners
who, by virtue of their ownership of the Variable Contracts, beneficially owned
shares of the Fund at the close of business on the record date for the Meeting
(July 10, 2006) in order that they may instruct Allianz how to vote the shares
of the Fund underlying their Variable Contracts.
Variable Contract owners are requested to execute and return promptly the
enclosed voting instruction form. A postage-paid envelope is enclosed for this
purpose. You also may vote on the internet or by telephone by following the
directions on the enclosed voting instruction form. Voting instructions may be
revoked at any time before they are exercised by submitting a written notice of
revocation or a voting instruction form with a later date or by attending the
Meeting and voting in person.
Dated: July 20, 2006 By Order of the Board of Trustees,
Michael J. Radmer
Secretary
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PROXY STATEMENT
JULY 20, 2006
ALLIANZ VARIABLE INSURANCE PRODUCTS TRUST
AZL OPPENHEIMER EMERGING GROWTH FUND
5701 GOLDEN HILLS DRIVE -- MINNEAPOLIS, MINNESOTA 55416-1297
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SPECIAL MEETING OF SHAREHOLDERS TO BE HELD AUGUST 24, 2006
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INTRODUCTION
This proxy statement is being provided to you in connection with the
solicitation by the Board of Trustees (the "Board") of Allianz Variable
Insurance Products Trust (the "Trust") of voting instructions for a Special
Meeting of Shareholders (the "Meeting") of AZL Oppenheimer Emerging Growth Fund
(the "Fund"), which is a series of the Trust. The Meeting will be held on August
24, 2006, at 10:00 a.m., Eastern Time, at the offices of BISYS Fund Services,
Inc., 3435 Stelzer Road, Columbus, Ohio 43219. The voting instructions that are
being solicited also may be voted at any adjournment of the Meeting.
SOLICITATION OF VOTING INSTRUCTIONS
The Board is soliciting voting instructions from the beneficial owners of the
Fund with respect to a proposal to change the subadviser to the Fund. The
solicitation of votes is made primarily by the mailing of this proxy statement
and the accompanying voting instruction form on or about July 20, 2006.
The Fund issues and sells its shares to separate accounts of Allianz Life
Insurance Company of North America and Allianz Life Insurance Company of New
York (collectively "Allianz"). The separate accounts hold shares of mutual
funds, including the Fund, that provide a funding vehicle under variable annuity
contracts and variable life insurance policies issued by Allianz (collectively,
the "Variable Contracts").
As the record owner of the assets held in the separate accounts, Allianz is the
sole shareholder of the Fund and is entitled to vote all of the shares of the
Fund. However, pursuant to applicable laws, Allianz votes outstanding shares of
the Fund in accordance with instructions received from the owners of the
Variable Contracts. Accordingly, this proxy statement and the accompanying
voting instruction form are being delivered to Variable Contract owners who, by
virtue of their ownership of the Variable Contracts, beneficially owned shares
of the Fund at the close of business on the record date for the Meeting (July
10, 2006), so that they may instruct Allianz how to vote the shares of the Fund
underlying their Variable Contracts. Additional information regarding the voting
is set forth below under the caption "Voting Information."
REPORTS AVAILABLE
The
Fund will furnish, without charge, a copy of its most recent annual report to
shareholders and its most recent semi-annual report to shareholders succeeding
such annual report, if available, to a Variable Contract owner upon request.
Such requests should be directed to Allianz VIP Trust, 3435 Stelzer Road,
Columbus, Ohio 43219, if made by mail, and to 877-833-7113, if made by
telephone.
To reduce expenses, only one copy of the Trust's annual report and semi-annual
report, if available, may be mailed to households, even if more than one person
in a household is a shareholder. To request additional copies of the annual
report or semi-annual report, or if you have received multiple copies but prefer
to receive only one copy per household, please call the Trust at the above
telephone number. If you do not want the mailing of these documents to be
combined with those for other members of your household, please contact the
Trust at the above address or phone number.
PROPOSAL
To approve a subadvisory agreement (the "OpCap Agreement") between Allianz Life
Advisers, LLC, the Fund's investment adviser, and Oppenheimer Capital LLC
("OpCap"), so that OpCap will replace OppenheimerFunds, Inc. ("OFI") as the
subadviser for the Fund.
INTRODUCTION
As described below, the Board has voted to approve the OpCap Agreement, subject
to approval by the shareholders of the Fund. Allianz Life Advisers, LLC
recommended this change to the Board for the reasons described below under
"Investment Subadvisory Agreement - Board Consideration of the OpCap Agreement."
If shareholders approve the OpCap Agreement, including the proposed change in
subadvisers, the OpCap Agreement will become effective on or about August 28,
2006, and the name of the Fund will change to "AZL OCC Opportunity Fund."
Approval of the OpCap Agreement will not change the fees payable by Variable
Contract owners who, by virtue of their ownership of the Variable Contracts,
beneficially own shares of the Fund. THE BOARD UNANIMOUSLY RECOMMENDS THAT YOU
VOTE "FOR" THE OPCAP AGREEMENT AND THE RESULTING CHANGE IN SUBADVISER.
BACKGROUND INFORMATION
ALLIANZ VARIABLE INSURANCE PRODUCTS TRUST (THE "TRUST")
The Trust is a Delaware statutory trust of the series type organized under an
Agreement and Declaration of Trust dated July 13, 1999, and is registered with
the United States Securities and Exchange Commission (the "SEC") under the
Investment Company Act of 1940, as amended (the "1940 Act"), as an open-end
management investment company. The Trust is comprised of 31 separate investment
portfolios, each of which is, in effect, a separate mutual fund.
The Trust currently offers each series of its shares to one or more separate
accounts of Allianz as funding vehicles for the Variable Contracts issued by
Allianz through the separate accounts. The Trust does not offer its shares
directly to the public. Each separate account, like the Trust, is registered
with the SEC as an investment company, and a separate prospectus, which
accompanies the prospectus for the Trust, describes the separate account and the
Variable Contracts issued through it.
ALLIANZ LIFE ADVISERS, LLC (THE "ADVISER")
Pursuant to an investment
management agreement originally approved by the Board on April 11, 2001, the
Adviser serves as the Trust's investment manager. Pursuant to a subadvisory
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agreement dated May 1, 2006, between the Adviser and OFI, OFI serves as the
Fund's current subadviser. To date, neither the investment management agreement
between the Trust and the Adviser nor the subadvisory agreement between the
Adviser and OFI has been required to be submitted for approval by shareholders.
The Adviser is a registered investment adviser under the Investment Advisers Act
of 1940, as amended (the "Advisers Act"). The Adviser is a wholly owned
subsidiary of Allianz Life Insurance Company of North America; its principal
business address is 5701 Golden Hills Drive, Minneapolis, Minnesota 55416.
The Adviser is responsible for the overall management of the Trust and for
retaining subadvisers to manage the assets of each fund of the Trust according
to its investment objective and strategies. The Adviser has engaged a subadviser
for each fund to act as that fund's investment subadviser to provide day-to-day
portfolio management. As part of the Adviser's duties to recommend and supervise
the Fund's subadviser, the Adviser is responsible for communicating performance
expectations to the subadviser, evaluating the subadviser, and recommending to
the Board whether the subadviser's contract with the Trust should be renewed,
modified, or terminated. The Adviser regularly provides written reports to the
Board describing the results of its evaluation and monitoring functions.
Section 15(a) of the 1940 Act generally requires that a majority of a fund's
outstanding voting securities approve any subadvisory agreement for the fund.
The Trust and the Adviser have received an exemptive order from the SEC that
permits the Board generally to approve a change in the Fund's subadviser, upon
the recommendation of the Adviser, without shareholder approval (the "Order").
However, the Order grants such authority to the Board only with respect to
subadvisers that are not affiliated with the Adviser. Because Allianz AG is the
ultimate parent company of both OpCap and the Adviser, OpCap is considered to be
affiliated with the Adviser. Consequently, shareholder approval of the OpCap
Agreement is required.
INVESTMENT SUBADVISER
Replacement of OFI with OpCap
At a telephonic meeting held on May 31, 2006, and at an "in-person" meeting held
on June 9, 2006, the Adviser recommended that the Board approve the OpCap
Agreement so that OpCap will replace OFI as the subadviser for the Fund. At the
June 9 meeting, the Board, including a majority of the trustees who are not
"interested persons" of the Trust within the meaning of the 1940 Act, approved
the OpCap Agreement, subject to approval by the shareholders of the Fund. If
approved by shareholders, the OpCap Agreement, and the change in subadviser,
will become effective on or about August 28, 2006.
OpCap
OpCap is a Delaware limited liability company and a registered investment
adviser under the Advisers Act. Its principal place of business is 1345 Avenue
of the Americas, 48th Floor, New York, New York 10105. At March 31, 2006, OpCap
had aggregate assets under management of approximately $24.5 billion.
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OpCap is affiliated with the Adviser. OpCap is a wholly-owned
subsidiary of Allianz Global Investors NY Holdings LLC, which is a wholly-owned
subsidiary of Allianz Global Investors U.S. Equities LLC. Allianz Global
Investors U.S. Equities LLC is a wholly-owned subsidiary of Allianz Global
Investors of America L.P., whose parent company is Allianz Aktiengesellschaft
Holding (Allianz AG). The mailing address of these entities is 1345 Avenue of
the Americas, New York, NY 10105, except for Allianz AG, which is headquartered
in Munich, Germany. Allianz AG is also the ultimate parent of the Adviser.
OpCap is not affiliated with OFI.
The names and principal occupations of the directors and principal executive
officers of OpCap are set forth in the following table. The address of each such
individual is 1345 Avenue of the Americas, New York, New York 10105, which is
also the mailing address of OpCap.
NAME DIRECTORS PRINCIPAL OCCUPATION
Bruce Koepfgen Managing Director Chief Executive Officer
Colin Glinsman Managing Director Chief Investment Officer
Taegan Goddard Managing Director Chief Operating Officer
John C. Maney Chief Financial Officer
Francis C. Poli Chief Legal Officer and Secretary
Janet Squitieri Chief Compliance Officer
No person who is an officer or trustee of the Fund is an officer or director of
OpCap.
If shareholders approve the proposal, it is expected that Michael Corelli will
become the portfolio manager for the Fund. Mr. Corelli has been employed as a
portfolio manager for OpCap since 2005. Mr. Corelli has also been concurrently
employed as a portfolio manager by PEA Capital LLC ("PEA") since 2003. PEA and
OpCap are affiliates and have identical ownership structures, a common address,
common senior management, and common policies, procedures, and compliance
programs. PEA is also affiliated with the Adviser. Prior to joining PEA in 1999,
Mr. Corelli was an analyst at Bankers Trust for 6 years in the small and mid cap
growth group. He received his BA from Bucknell University.
PEA currently serves as investment adviser for the following fund that has an
investment objective similar to the investment objective of the Fund:
RATE OF PEA'S FEES WAIVED UNDER NET ASSETS OF FUND
FUND COMPENSATION SUBADVISORY AGREEMENT AT MAY 31, 2006
PEA Opportunity Fund 0.65% 0% $260 million
OpCap does not currently serve as an investment adviser for hedge funds.
INVESTMENT SUBADVISORY AGREEMENT
INFORMATION CONCERNING THE OPCAP AGREEMENT
The proposed OpCap Agreement is substantially similar to the existing
subadvisory agreement with OFI, except for:
o A change in the effective date (the OFI subadvisory agreement was effective
May 1, 2006; the OpCap Agreement, if approved by shareholders, will be
effective on or about August 28, 2006)
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o Deletion of a provision that OFI will not accept directed brokerage
instructions from the Adviser.
The OpCap Agreement requires OpCap to perform essentially the same services as
those provided by OFI under its subadvisory agreement. Accordingly, the Fund
will receive subadvisory services from OpCap that are substantially similar to
those it has received under the OFI subadvisory agreement.
The OpCap Agreement provides that, subject to supervision by the Adviser and the
Board, OpCap is granted full responsibility for the management of the assets of
the Fund, in accordance with the Fund's investment objectives, policies, and
limitations, as stated in the Fund's prospectus and statement of additional
information. OpCap agrees to provide reports to the Adviser and the Board
regarding management of the assets of the Fund in a manner and frequency
mutually agreed upon.
The OpCap Agreement states that OpCap will comply with the 1940 Act and all
rules and regulations thereunder, the Advisers Act, the Internal Revenue Code,
and all other applicable federal and state laws and regulations, and with any
applicable procedures adopted by the Board.
The OpCap Agreement states that OpCap agrees to seek best execution in executing
portfolio transactions. In assessing the best execution available for any
transaction, OpCap will consider all of the factors that it deems relevant,
especially the breadth of the market in the security, the price of the security,
the financial condition and execution capability of the broker-dealer, and the
reasonableness of the commission, if any. In evaluating the best execution
available, and in selecting the broker-dealer to execute a particular
transaction, OpCap may also consider the brokerage and research services
provided to the Fund and/or other accounts over which OpCap exercises investment
discretion. OpCap is authorized to pay a broker-dealer that provides such
brokerage and research services a commission for executing a portfolio
transaction for the Fund which is in excess of the amount of commissions another
broker-dealer would have charged for effecting that transaction, but only if
OpCap determines in good faith that such commission was reasonable in relation
to the value of the brokerage and research services provided by such
broker-dealer viewed in terms of that particular transaction or in terms of all
of the accounts over which investment discretion is so exercised.
Provided that OpCap adheres to the investment objectives of the Fund and
applicable law, the OpCap Agreement permits OpCap to aggregate sale and purchase
orders of securities and other investments held in the Fund with similar orders
being made simultaneously for other accounts managed by OpCap or with accounts
of OpCap's affiliates, if in OpCap's reasonable judgment such aggregation would
result in an overall economic benefit to the Fund. In addition, OpCap's services
under the OpCap Agreement are not exclusive, and OpCap is permitted to provide
the same or similar services to other clients.
The OpCap Agreement provides that OpCap is not liable to the Adviser, the Fund,
the Trust, or to any shareholder of the Fund for any act or omission in the
course of, or connected with, rendering services thereunder or for any losses
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that are sustained in the purchase, holding, or sale of any security, except:
(1) for willful misfeasance, bad faith, or gross negligence on the part of OpCap
or its officers, directors, or employees, or reckless disregard by OpCap of its
duties under the subadvisory agreement; and (2) to the extent otherwise provided
in Section 36(b) of the 1940 Act concerning loss resulting from a breach of
fiduciary duty with respect to the receipt of compensation for services.
The duration and termination provisions of the OpCap Agreement are identical to
those of the subadvisory agreement with OFI. Both agreements provide for an
initial term of two years from the effective date of the agreement. The
agreements are then automatically renewed for successive annual terms, provided
such continuance is specifically approved at least annually by (1) the Board or
(2) by a vote of a majority (as defined in the 1940 Act) of the Fund's
outstanding voting securities (as defined in the 1940 Act), provided that in
either event the continuance is also approved by a majority of the trustees who
are not parties to the agreement or interested persons (as defined in the 1940
Act) of any party to the agreement, by vote cast in person at a meeting called
for the purpose of voting on such approval.
The OpCap Agreement may be terminated at any time without the payment of any
penalty, by the Adviser or by the Trust upon the vote of a majority of the
trustees or by a vote of the majority of the Fund's outstanding voting
securities, each upon 60 days' written notice to OpCap, or by OpCap at any time
without penalty, upon 60 days' written notice to the Trust or the Adviser. The
OpCap subadvisory agreement automatically terminates in the event of its
assignment to another party. This termination provision is the same as the
termination provision of the subadvisory agreement with OFI.
The OpCap Agreement provides that for the services rendered, the facilities
furnished, and the expenses assumed by OpCap, the Adviser (out of its fees
received from the Fund, in accordance with the terms of the investment
management agreement between the Adviser and the Trust) will pay OpCap a monthly
fee as shown in the following table. The subadvisory fee is accrued daily and
paid to OpCap monthly.
OPCAP AGREEMENT SUBADVISORY AGREEMENT WITH OFI
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------------------------------- -------- --------------------------- --------
AVERAGE DAILY NET ASSETS* RATE AVERAGE DAILY NET ASSETS* RATE
First $50 million 0.60% First $10 million 0.75%
Next $200 million 0.55% Next $90 million 0.60%
Thereafter 0.50% Next $150 million 0.50%
Thereafter 0.45%
* When average daily net assets exceed the first breakpoint, multiple rates
will apply, resulting in a blended rate. For example, if average daily net
assets are $170 million, under the OpCap Agreement, a rate of 60 basis points
would apply to the first $50 million, and a rate of 55 basis points would
apply to the remaining $120 million; and under the subadvisory agreement with
OFI, a rate of 75 basis points would apply to the first $10 million, a rate
of 60 basis points would apply to the next $90 million, and a rate of 50
basis points would apply to the remaining $70 million.
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SUBADVISORY FEES
For the period from January 1, 2005, through December 31, 2005, OFI received
$719,753.01 for subadvisory services to the Fund. If the OpCap Agreement had
been in effect during the same period, OpCap would have received $690,228.31 for
subadvisory services to the Fund. This amount would have been 95.9% of the
amount received by OFI for the same period.
BOARD CONSIDERATION OF THE OPCAP AGREEMENT
At a telephonic meeting held on May 31, 2006, the Board considered the Adviser's
recommendation that OpCap replace OFI as the Fund's subadviser. At an "in
person" meeting held on June 9, 2006, the trustees unanimously approved the
OpCap Agreement, subject to shareholder approval. At both meetings, the trustees
reviewed materials furnished by the Adviser pertaining to OpCap.
The Adviser, as manager of all of the series of the Trust, is charged with
researching and recommending subadvisers for the Trust. The Adviser has adopted
policies and procedures to assist it in the process of analyzing each subadviser
with expertise in particular asset classes for purposes of making the
recommendation that a specific investment adviser be selected. The Board reviews
and considers the information provided by the Adviser in deciding which
investment advisers to approve. After an investment adviser becomes a
subadviser, a similarly rigorous process is instituted by the Adviser to monitor
the investment performance and other responsibilities of the subadviser.
As part of its ongoing obligation to monitor and evaluate the performance of the
Fund's subadviser, the Adviser recently completed a review of OFI's management
of the Fund. The Adviser's review and evaluation of OFI focused on (1) the
performance of the Fund; (2) the recent departure of key investment personnel
from OFI; and (3) the ability of the Fund, as currently managed, to attract and
retain investors and to increase its assets. In support of its recommendation,
the Adviser explained to the Board that the primary reason for recommending a
change was the departure of certain key investment personnel from OFI.
The
Board, including a majority of the independent trustees, with the assistance of
independent counsel to the independent trustees, considered whether to approve
the OpCap Agreement in light of its experience in governing the Trust and
working with the Adviser and the subadvisers on matters relating to the Funds of
the Trust. The independent trustees are those trustees who are not "interested
persons" of the Trust within the meaning of the 1940 Act, and are not employees
of or affiliated with the Fund, the Adviser, OFI, or OpCap. Prior to voting, the
Board reviewed the Adviser's recommendation that it approve the OpCap Agreement
with experienced counsel who are independent of the Adviser and received from
such counsel an oral summary of the legal standards for consideration of the
proposed approval. In its deliberations, the Board considered all factors that
the trustees believed were relevant. The Board based its decision to approve the
OpCap Agreement on the totality of the circumstances and relevant factors, and
with a view to past and future long-term considerations. The Board approved the
termination of the subadvisory agreement with OFI and determined that the OpCap
7
Agreement was reasonable and in the best interests of the Fund and approved
OpCap as the Fund's new subadviser, subject to shareholder approval, effective
on or about August 28, 2006. The Board's decision to approve the OpCap Agreement
reflects the exercise of its business judgment on whether to approve new
arrangements and continue existing arrangements.
A rule adopted by the SEC under the 1940 Act requires a discussion of certain
factors relating to the selection of investment advisers and subadvisers and the
approval of advisory and subadvisory fees. The factors enumerated by the SEC in
the rule are set forth below in italics followed by the Board's conclusions
regarding each factor.
(1) THE NATURE, EXTENT, AND QUALITY OF SERVICES PROVIDED BY THE SUBADVISER.
In deciding to approve OpCap as the Fund's subadviser, the Board considered
particularly the experience and track record of OpCap's investment management
personnel. The Board also noted OpCap's investment infrastructure as well as the
risk profiles of its investment process. Specifically, the Board determined
that, based upon the Adviser's report and experience with OpCap, the proposed
change to OpCap as the subadviser, would likely benefit the Fund and its
shareholders.
The Board noted that certain affiliates of OpCap (the "OpCap Affiliates") had
been implicated in alleged improper market timing or late trading activities and
that the OpCap Affiliates have reached a settlement with the Securities and
Exchange Commission concerning the allegations. The Board also noted that in
connection with the settlement the OpCap Affiliates have implemented certain
changes in their compliance procedures and governance. Finally, the Board noted
that members of senior management at the OpCap Affiliates who were implicated in
the allegations have departed and that none of the OpCap employees who will be
responsible for managing the Fund if the OpCap Agreement is approved were
implicated in the allegations.
In reviewing the other various matters listed above, the Board concluded that
OpCap was a recognized firm capable of competently managing the Fund; that the
nature, extent, and quality of services that OpCap could provide were at a level
at least equal to the services that could be provided by OFI; that the services
contemplated by the OpCap Agreement are substantially similar to those provided
under the subadvisory agreement with OFI; that the OpCap Agreement contains
provisions generally comparable to those of other subadvisory agreements for
other mutual funds; that OpCap was staffed with a number of qualified personnel
and had significant research capabilities; and that the investment performance
of OpCap, based upon the historical "track records" of comparable funds, was at
least satisfactory.
(2) THE INVESTMENT PERFORMANCE OF THE SUBADVISER.
The Board received information about the performance of PEA in managing PEA
Opportunity Fund, a mutual fund whose investment objective and principal
investment strategies are substantially similar to those of the Fund. The Board
noted that the portfolio manager for PEA Opportunity Fund is a dual employee of
PEA and OpCap and is the proposed portfolio manager for the Fund. The
performance information, which covered the quarter and the one-, three-, and
five-year periods ended March 31, 2006, included (a) absolute total return, (b)
performance versus an appropriate benchmark, and (c) performance relative to a
8
peer group of comparable funds. The Board noted that PEA's performance relative
to the peer group ranked in the 31st percentile or higher for all periods
presented. On the basis of the information presented, the Board concluded that
PEA's performance in managing a substantially similar fund has been strong and
ranks with the Trust's other funds that have the strongest performance over the
relevant periods.
(3) THE COSTS OF SERVICES TO BE PROVIDED AND PROFITS TO BE REALIZED BY
OPCAP FROM ITS RELATIONSHIP WITH THE FUND.
The Board compared the fee schedule in the OpCap Agreement to the fee schedule
in the existing subadvisory agreement with OFI. The Board noted that although
the fee schedule in the OpCap Agreement differs only slightly from the fee
schedule in the current agreement with OFI in that the fees payable to OpCap
will be slightly lower based on the Fund's current assets and slightly higher
when the Fund exceeds $300 million in assets, the fees payable by shareholders
of the Fund will not change. Based upon its review, the Board concluded that the
fees proposed to be paid to OpCap were reasonable. Information comparing the
expenses under the OpCap Agreement and the subadvisory agreement with OFI is set
forth in this proxy statement. The Adviser, on behalf of the Board, obtained
information from OpCap concerning its anticipated profitability in connection
with its relationship with the Fund. Based upon the information provided, the
Board determined that there was no evidence that the level of such profitability
attributable to OpCap serving as subadviser of the Fund would be excessive.
(4) AND (5) THE EXTENT TO WHICH ECONOMIES OF SCALE WOULD BE REALIZED AS THE
FUND GROWS, AND WHETHER FEE LEVELS REFLECT THESE ECONOMIES OF SCALE.
The Board noted that the fee schedule in the OpCap Agreement contains
"breakpoints" that reduce the fee rate on assets between $50 million and $200
million and further reduce the fee rate on assets above $200 million. The Board
also noted that the assets in the AZL Oppenheimer Emerging Growth Fund as of
March 31, 2006, were approximately $170 million. OpCap may realize certain
economies of scale as the Fund grows larger, which may at least be partially
reflected in the "breakpoints" described above.
The Board noted that in the fund industry as a whole, as well as among funds
similar to the Fund, there is no uniformity or pattern in the fees and asset
levels at which breakpoints, if any, apply. Depending on the age, size, and
other characteristics of a particular fund and its manager's cost structure,
different conclusions can be drawn as to whether there are economies of scale to
be realized at any particular level of assets, notwithstanding the intuitive
conclusion that such economies exist, or will be realized at some level of total
assets. Moreover, because different managers have different cost structures and
service models, it is difficult to draw meaningful conclusions from the
breakpoints that may have been adopted by other funds. The Board also noted that
the advisory agreements for many funds do not have breakpoints at all, or if
breakpoints exist, they may be at asset levels different from than those in the
OpCap Agreement.
9
Having taken these factors into account, the Board concluded that the
breakpoints in the Fund's subadvisory fee rate schedule were acceptable.
BROKERAGE TRANSACTIONS
If the shareholders of the Fund approve the OpCap Agreement, OpCap will be
primarily responsible for decisions to buy and sell securities for the Fund, the
selection of brokers and dealers to effect the transactions, and the negotiation
of brokerage commissions, if any. Orders may be directed to any broker
including, to the extent and in the manner permitted by applicable law,
affiliates of OpCap. Purchases and sales of securities on a securities exchange
are effected through brokers who charge a negotiated commission for their
services. Commission rates are established pursuant to negotiations with the
broker based on the quality and quantity of execution services provided by the
broker in the light of generally prevailing rates. The allocation of orders
among brokers and the commission rates paid are reviewed periodically by the
Board.
In the over-the-counter market, securities are generally traded on a "net" basis
with dealers acting as principal for their own accounts without a stated
commission, although the price of a security usually includes a profit to the
dealer. In underwritten offerings, securities are purchased at a fixed price
that includes an amount of compensation to the underwriter, generally referred
to as the underwriter's concession or discount. On occasion, certain money
market instruments may be purchased directly from an issuer, in which case no
commissions or discounts are paid.
In placing orders for portfolio securities of the Fund, OpCap is required to
give primary consideration to obtaining the most favorable price and efficient
execution. This means that OpCap must seek to execute each transaction at a
price and commission, if any, that provides the most favorable total cost or
proceeds reasonably attainable under the circumstances. While OpCap generally
seeks reasonably competitive spreads or commissions, the Fund will not
necessarily pay the lowest spread or commission available. In the selection of
brokers and dealers to execute portfolio transactions, OpCap is authorized to
consider not only prices and rates of brokerage commissions, but also other
relevant factors including the breadth of the market in the security, the price
of the security, the financial condition and execution capability of the
broker-dealer, the ability and willingness of the broker-dealer to facilitate
the Fund's portfolio transactions by participating therein for its own account,
the importance to the Fund of speed, efficiency, or confidentiality, the
broker-dealer's apparent familiarity with sources from or to whom particular
securities might be purchased or sold, any other matters relevant to the
selection of a broker-dealer for particular and related transactions of the
Fund, the brokerage and research services provided to the Fund, and/or other
accounts over which OpCap or an affiliate of OpCap exercises investment
discretion.
On occasion, when OpCap determines that the purchase or sale of a security is in
the best interest of the Fund as well as its other advisory clients (including
any other investment portfolio of the Trust or other advisory or subadvisory
accounts for which OpCap or an affiliate acts as investment adviser), OpCap, to
10
the extent permitted by applicable laws and regulations, may aggregate the
securities being sold or purchased for the Fund with those being sold or
purchased for such other customers in order to obtain the best net price and
most favorable execution. In such event, allocation of the securities so
purchased or sold, as well as the expenses incurred in the transaction, is made
by OpCap in the manner it considers to be most equitable and consistent with its
fiduciary obligations to the Fund and such other customers. In some instances,
this procedure may adversely affect the price and size of the position
obtainable for the Fund.
For the year ended December 31, 2005, the Fund paid aggregate brokerage fees of
$911,459.34.
AFFILIATED BROKERAGE COMMISSIONS
Subject to the above considerations, OpCap may use a broker that is an
affiliated person of the Trust, of the Adviser, or of OpCap, to effect
transactions on a securities exchange for the Fund ("Affiliated Broker"). In
order for an Affiliated Broker to effect any portfolio transactions for the
Fund, the commissions, fees, or other remuneration received by the broker must
be reasonable and fair compared to the commissions, fees, or other remuneration
paid to other brokers in connection with comparable transactions involving
similar securities being purchased or sold on a securities exchange during a
comparable period of time. This standard limits Affiliated Brokers to receiving
no more than the remuneration expected to be received by an unaffiliated broker
in a commensurate arm's-length transaction. Furthermore, the Board, including a
majority of the independent trustees, have adopted or approved procedures for
OpCap that are reasonably designed to ensure that any commissions, fees, or
other remuneration paid to an Affiliated Broker are consistent with the
foregoing standard. Transactions with Affiliated Brokers also are subject to
such fiduciary standards as applicable law imposes on OpCap and/or its
Affiliated Brokers.
In addition, Section 11(a) of the Securities Exchange Act of 1934 provides that
member firms of a national securities exchange may not effect transactions on
such exchange for the account of an investment company of which the member firm
or its affiliate is the investment adviser, except pursuant to the requirements
of that Section.
During the year ended December 31, 2005, the Fund paid no commissions to any
Affiliated Broker. As defined in rules under the Securities Exchange Act of
1934, an "Affiliated Broker" is a broker that is affiliated with the Fund, the
Adviser, or OFI.
VOTE REQUIRED
If approved by the shareholders, the OpCap Agreement will be effective on or
about August 28, 2006, or at such later time as may be determined by the Fund's
management. Approval of the OpCap Agreement requires the vote of a majority of
the outstanding voting securities of the Fund. For this purpose, the term
"majority of the outstanding voting securities" means the vote of (a) 67% or
more of the outstanding voting securities of the Fund present at the Meeting, if
the holders of more than 50% of the outstanding voting securities of the Fund
are present or represented by proxy at the Meeting, or (b) more than 50% of the
outstanding voting shares of the Fund, whichever is less. Unless otherwise
instructed, Allianz will vote for approval of the proposal to approve the OpCap
11
Agreement. If the OpCap Agreement is not approved for the Fund, OFI will
continue to subadvise the Fund as it does currently, and the Board may decide to
resubmit the proposal to approve the OpCap Agreement to the Fund's shareholders.
THE BOARD OF TRUSTEES, INCLUDING THE INDEPENDENT TRUSTEES, UNANIMOUSLY
RECOMMENDS A VOTE "FOR" THE NEW SUBADVISORY AGREEMENT WITH OPPENHEIMER CAPITAL
LLC. VOTING INFORMATION
GENERAL
You have the right to instruct Allianz on how to vote the shares in the Fund
held under your Variable Contract. The number of Fund shares for which you may
provide instructions will be based on the dollar amount of Fund shares that you
hold through the subaccount accumulation units and/or annuity units in your
Variable Contract on the record date. Each accumulation unit or annuity unit
represents a specified dollar value and a specified number of Fund shares. For
each dollar of value, the contract owner is permitted to vote one Fund share. We
count fractional votes. If you execute and return your voting instruction form,
but do not provide voting instructions, Allianz will vote the shares underlying
your Variable Contract in favor of the proposal described above. Allianz will
vote any shares for which it does not receive a voting instruction form, and any
shares which it or its affiliates hold for their own account, in proportionately
the same manner as shares for which it has received voting instructions.
For the Meeting to go forward, there must be a quorum. This means that at least
25% of the Fund's shares must be represented at the Meeting either in person or
by proxy. Because Allianz is the only shareholder of the Fund, its presence at
the Meeting in person or by proxy will meet the quorum requirement. If a quorum
is not obtained or if sufficient votes to approve the proposal are not received,
the persons named as proxies may propose one or more adjournments of the Meeting
to permit further solicitation of voting instructions. Any adjournment will
require a vote in favor of the adjournment by the holders of a majority of the
shares present in person or by proxy at the Meeting (or any adjournment of the
Meeting).
You may revoke your voting instructions up until voting results are
announced at the Meeting or at any adjournment of the Meeting by giving written
notice to Allianz prior to the Meeting, by executing and returning to Allianz a
voting instruction form with a later date, or by attending the Meeting and
voting in person. If you need a new voting instruction form, please call the
Trust at 763-765-5857, and a new voting instruction form will be sent to you. If
you return an executed form without voting instructions, your shares will be
voted "FOR" the proposal. Abstentions will be counted as a vote "AGAINST" the
proposal.
The Adviser or its affiliates will pay all costs of solicitation,
including the cost of preparing and mailing the Notice of a Special Meeting of
Shareholders and this proxy statement to Variable Contract owners.
Representatives of the Adviser, without cost to the Fund, also may solicit
voting instructions from Variable Contract owners by means of mail, telephone,
or personal calls.
12
OUTSTANDING SHARES AND VOTING REQUIREMENTS
Individuals who
own Variable Contracts representing shares at the close of business on the
record date (July 10, 2006) may provide voting instructions for the Meeting or
any adjournment of the Meeting. The number of shares of the Fund outstanding at
the close of business on the record date is listed in the table below. The
officers and trustees of the Fund cannot directly own shares of the Fund, and
they cannot beneficially own shares of the Fund unless they purchase Variable
Contracts issued by Allianz. As of the record date, the officers and trustees of
the Fund as a group beneficially owned less than one percent of the outstanding
shares of the Fund, and Allianz, for itself and through its separate accounts,
was the only shareholder of the Fund. To the best knowledge of the Fund, no
person other than Allianz owned, of record or beneficially, 5% or more of the
outstanding shares of the Fund as of the record date. Information as of the
record date with regard to Allianz's ownership in the Fund is provided below:
FUND SHARES OUTSTANDING NUMBER OF VOTES
AZL Oppenheimer Emerging Growth Fund 9,970,467.89 151,345,271.38
PERCENT OF PERCENT OF
OUTSTANDING OUTSTANDING
SHARES OWNED SHARES OWNED SHARES OWNED SHARES OWNED
BY ALLIANZ BY ALLIANZ BY ALLIANZ BY ALLIANZ
LIFE LIFE LIFE LIFE
INSURANCE INSURANCE INSURANCE INSURANCE
COMPANY OF COMPANY OF COMPANY OF COMPANY OF
FUND NORTH AMERICA NORTH AMERICA NEW YORK NEW YORK
AZL Oppenheimer
Emerging Growth Fund 9,784,327.44 98.13% 186,140.45 1.87%
As of July 10, 2006
Shareholders of the Fund are entitled to one vote for each dollar, and a
fractional vote for each fraction of a dollar, of net asset value per share for
each share of the Fund held.
13
OTHER MATTERS
Management of the Fund knows of no other matters that may properly be, or that
are likely to be, brought before the Meeting. However, if any other business
shall properly come before the Meeting, the persons named on the voting
instruction form intend to vote thereon in accordance with their best judgment.
OTHER INFORMATION
The address of Allianz Life Insurance Company of North America is as follows:
Allianz Life Insurance Company of North America
5701 Golden Hills Drive, Minneapolis, Minnesota 55416-1297
The address of Allianz Life Insurance Company of New York is as follows:
Allianz Life Insurance Company of New York
One Chase Manhattan Plaza, 37th Floor, New York, New York 10005-1423
The names and addresses of the Fund's investment adviser, principal underwriter,
and administrator are as follows:
Investment Allianz Life Advisers, LLC
adviser: 5701 Golden Hills Drive, Minneapolis, Minnesota 55416-1297
Principal BISYS Fund Services, Ltd. Partnership
underwriter: 3435 Stelzer Road, Columbus, Ohio 43219-8000
Administrator: BISYS Fund Services Ohio, Inc.
3435 Stelzer Road, Columbus, Ohio 43219-8000
The Fund's current subadviser is OppenheimerFunds, Inc., whose principal
business offices are located at Two World Financial Center, 225 Liberty St.,
11th Floor, New York, NY 10281. Information pertaining to Oppenheimer Capital
LLC is set forth above.
SHAREHOLDER PROPOSALS
The Trust is not required to hold
annual meetings of shareholders. Since the Trust does not hold regular meetings
of shareholders, the anticipated date of the next meeting of shareholders cannot
be provided. Any shareholder proposal that may properly be included in the proxy
solicitation material for a meeting of shareholders must be received by the
Trust no later than 120 days prior to the date proxy statements are mailed to
shareholders.
14
--------------------------------------------------------------------------------
ALLIANZ VARIABLE INSURANCE PRODUCTS TRUST
AZL OPPENHEIMER EMERGING GROWTH FUND
5701 GOLDEN HILLS DRIVE
MINNEAPOLIS, MINNESOTA 55416-1297
--------------------------------------------------------------------------------
VOTING INSTRUCTIONS FOR
A SPECIAL MEETING OF SHAREHOLDERS
TO BE HELD AUGUST 24, 2006
--------------------------------------------------------------------------------
THESE VOTING INSTRUCTIONS ARE SOLICITED ON BEHALF OF
ALLIANZ LIFE INSURANCE COMPANY OF NORTH AMERICA AND
ALLIANZ LIFE INSURANCE COMPANY OF NEW YORK
The undersigned hereby instructs Allianz Life Insurance Company of North America
and Allianz Life Insurance Company of New York (collectively, "Allianz") to
represent and vote the number of shares of AZL Oppenheimer Emerging Growth Fund
(the "Fund") represented by the number of votes attributable to the
undersigned's variable annuity contract or variable life insurance policy at the
Special Meeting of Shareholders to be held on August 24, 2006, at 10:00 a.m.,
Eastern Time, at the offices of BISYS Fund Services, Inc., 3435 Stelzer Road,
Columbus, Ohio 43219, and at any adjournment thereof, upon the matter below, as
set forth in the Notice of a Special Meeting of Shareholders and in the
accompanying proxy statement.
VOTES OF CONTRACT OWNERS FOR WHICH NO VOTING INSTRUCTIONS ARE RECEIVED WILL BE
VOTED IN THE SAME PROPORTION AS THE VOTES OF CONTRACT OWNERS FOR WHICH VOTING
INSTRUCTIONS ARE RECEIVED.
Receipt of the Notice of a Special Meeting of
Shareholders and of the accompanying proxy statement is acknowledged by your
execution of these voting instructions.
There are three ways to provide your voting instructions. Your telephone or
Internet vote authorizes Allianz to vote your shares in the same manner as if
you marked, signed, and returned your voting instruction form.
VOTE BY PHONE -- TOLL FREE - 1-866-241-6192
Use any touch-tone telephone to provide your voting instructions 24 hours a day,
7 days a week, until 5:00 p.m. Eastern Time on August 23, 2006. Please have your
voting instruction form and the last four digits of your Social Security Number
or Tax Identification Number available. Follow the instructions the voice
provides you.
VOTE BY INTERNET -- HTTPS://VOTE.PROXY-DIRECT.COM
Use the internet to provide your voting instructions 24 hours a day, 7 days a
week, until 5:00 p.m. Eastern Time on August 23, 2006. Please have your voting
instruction form and the last four digits of your Social Security Number or Tax
Identification Number available. Follow the instructions to create an electronic
ballot.
VOTE BY MAIL
Mark, sign, and date your voting instruction form and promptly return it in the
postage-paid envelope we have provided or return it to: PROXY TABULATOR, P.O.
BOX 9043, SMITHTOWN, NY 11787-9915. Voting instructions must be received by 5:00
p.m. Eastern Time on August 23, 2006.
The undersigned hereby instructs Allianz to vote as indicated below. IF YOU DO
NOT INDICATE A CHOICE, YOUR RETURN OF THE SIGNED FORM SHALL BE CONSIDERED AS
INSTRUCTIONS TO VOTE "FOR" APPROVAL OF THE PROPOSAL. If any other matter
properly comes before the Special Meeting of Shareholders, Allianz will vote in
accordance with its best judgment.
1. To approve a subadvisory agreement (the "OpCap Agreement") between the
Allianz Life Advisers, LLC and Oppenheimer Capital LLC so that Oppenheimer
Capital LLC will replace OppenheimerFunds, Inc. as subadviser for the Fund.
__ FOR the proposal
__ AGAINST the proposal
__ ABSTAIN
NOTE: PLEASE DATE THESE VOTING INSTRUCTIONS AND SIGN YOUR NAME IN THE EXACT FORM
AS IT APPEARS HEREIN AND RETURN IT PROMPTLY IN THE ENCLOSED ENVELOPE. IF YOU
SIGN AS "TRUSTEE" OR "EMPLOYER," PLEASE GIVE FULL TITLE AS SUCH.
Date: ___________________, 2006 _________________________________
Signature
Thank you for your voting instructions.