UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 10-Q
   
þ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the quarterly period ended September 30, 2009March 31, 2010
oTRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
Commission file number: 000-51397
Federal Home Loan Bank of New York
(Exact name of registrant as specified in its charter)
   
Federal
(State or other jurisdiction of
incorporation or organization)
 13-6400946
(I.R.S. Employer
Identification No.)
   
101 Park Avenue, New York, N.Y.
(Address of principal executive offices)
 10178
(Zip Code)
(212) 681-6000
(Registrant’s telephone number, including area code)
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.
Yesþ Noo
Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).
Yeso Noo
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act.
       
Large accelerated filero Accelerated filero Non-accelerated filerþ Smaller reporting companyo
    (Do not check if a smaller reporting company)  
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yeso Noþ
The number of shares outstanding of the issuer’s common stock as of October 31, 2009April 30, 2010 was 50,585,269.47,916,499.
 
 

 

 


 

FEDERAL HOME LOAN BANK OF NEW YORK
FORM 10-Q FOR THE QUARTERLY PERIOD ENDED September 30, 2009MARCH 31, 2010

Table of Contents
     
  Page 
     
PART I. FINANCIAL INFORMATION
    
     
Item
ITEM 1. FINANCIAL STATEMENTS (Unaudited):
    
     
1
2
  3 
     
  4
5
6 
     
  68 
     
  7477 
     
169
  174 
     
  175180 
     
  175181 
     
  175181 
     
  175181 
     
  175181 
     
  175181 
     
  175181 
     
  176181 
     
182
Exhibit 10.01
 Exhibit 31.01
 Exhibit 31.02
 Exhibit 32.01
 Exhibit 32.02

 

 


Federal Home Loan Bank of New York
Statements of Condition — Unaudited (in thousands, except per share data)par value of capital stock)
As of September 30, 2009March 31, 2010 and December 31, 20082009
                
 September 30, 2009 December 31, 2008  March 31, 2010 December 31, 2009 
Assets
  
Cash and due from banks (Note 2) $1,189,158 $18,899 
Interest-bearing deposits (Note 3)  12,169,096 
Cash and due from banks (Note 3) $1,167,824 $2,189,252 
Federal funds sold 3,900,000   3,130,000 3,450,000 
Available-for-sale securities, net of unrealized losses of $16,085 at September 30, 2009 and $64,420 at December 31, 2008 (Note 5) 2,362,592 2,861,869 
Available-for-sale securities, net of unrealized gains (losses) of $11,521 at March 31, 2010 and ($3,409) at December 31, 2009 (Note 5) 2,654,814 2,253,153 
Held-to-maturity securities (Note 4)  
Long-term securities 10,478,027 10,130,543  9,776,282 10,519,282 
Certificates of deposit 2,000,000 1,203,000 
Advances (Note 6) 95,944,732 109,152,876  88,858,753 94,348,751 
Mortgage loans held-for-portfolio, net of allowance for credit losses of $3,358 at September 30, 2009 and $1,406 at December 31, 2008 (Note 7) 1,336,228 1,457,885 
Mortgage loans held-for-portfolio, net of allowance for credit losses of $5,179 at March 31, 2010 and $4,498 at December 31, 2009 (Note 7) 1,287,770 1,317,547 
Accrued interest receivable 354,934 492,856  320,730 340,510 
Premises, software, and equipment 14,596 13,793  14,046 14,792 
Derivative assets (Note 15) 9,092 20,236 
Derivative assets (Note 16) 9,246 8,280 
Other assets 14,957 18,838  19,761 19,339 
          
  
Total assets
 $117,604,316 $137,539,891  $107,239,226 $114,460,906 
          
  
Liabilities and capital
  
  
Liabilities
  
Deposits (Note 9) 
Deposits (Note 8) 
Interest-bearing demand $2,255,403 $1,333,750  $7,942,668 $2,616,812 
Non-interest bearing demand 4,968 828  6,254 6,499 
Term 15,600 117,400  28,000 7,200 
          
  
Total deposits 2,275,971 1,451,978  7,976,922 2,630,511 
          
  
Consolidated obligations, net (Note 8) 
Bonds (Includes $2,385,968 at September 30, 2009 and $998,942 at December 31, 2008 at fair value under the fair value option) 69,670,836 82,256,705 
Consolidated obligations, net (Note 10) 
Bonds (Includes $6,780,613 at March 31, 2010 and $6,035,741 at December 31, 2009 at fair value under the fair value option) 72,408,203 74,007,978 
Discount notes 38,385,244 46,329,906  19,815,956 30,827,639 
          
  
Total consolidated obligations 108,056,080 128,586,611  92,224,159 104,835,617 
          
  
Mandatorily redeemable capital stock (Note 11) 127,882 143,121  105,192 126,294 
  
Accrued interest payable 337,221 426,144  330,715 277,788 
Affordable Housing Program (Note 10) 144,822 122,449 
Payable to REFCORP (Note 10) 38,692 4,780 
Derivative liabilities (Note 15) 871,744 861,660 
Affordable Housing Program (Note 12) 145,660 144,489 
Payable to REFCORP (Note 12) 13,873 24,234 
Derivative liabilities (Note 16) 850,911 746,176 
Other liabilities 91,115 75,753  216,168 72,506 
          
  
Total liabilities
 111,943,527 131,672,496  101,863,600 108,857,615 
          
  
Commitments and Contingencies(Notes 8, 10, 15 and 17)
 
Commitments and Contingencies(Notes 10, 12, 16 and 18)
 
  
Capital(Note 11)
  
Capital stock ($100 par value), putable, issued and outstanding shares:  
51,422 and 55,857 at September 30, 2009 and December 31, 2008 5,142,154 5,585,700 
48,276 at March 31, 2010 and 50,590 at December 31, 2009 4,827,626 5,058,956 
Retained earnings 666,237 382,856  671,519 688,874 
Accumulated other comprehensive income (loss) (Note 12) 
Net unrealized loss on available-for-sale securities  (16,085)  (64,420)
Non-credit portion of OTTI on held-to-maturity securities  (103,884)  
Accretion of non-credit portion of impairment losses on held-to-maturity securities 3,421  
Accumulated other comprehensive income (loss) (Note 13) 
Net unrealized gain (loss) on available-for-sale securities 11,521  (3,409)
Non-credit portion of OTTI on held-to-maturity securities, net of accretion  (106,612)  (110,570)
Net unrealized loss on hedging activities  (24,504)  (30,191)  (20,551)  (22,683)
Employee supplemental retirement plans (Note 14)  (6,550)  (6,550)
Employee supplemental retirement plans (Note 15)  (7,877)  (7,877)
          
  
Total capital
 5,660,789 5,867,395  5,375,626 5,603,291 
          
  
Total liabilities and capital
 $117,604,316 $137,539,891  $107,239,226 $114,460,906 
          
The accompanying notes are an integral part of thethese unaudited financial statements.

 

13


Federal Home Loan Bank of New York
Statements of Income — Unaudited (in thousands, except per share data)
For the three and nine months ended September 30,March 31, 2010 and 2009 and 2008
                
 Three months ended Nine months ended         
 September 30, September 30,  March 31, 
 2009 2008 2009 2008  2010 2009 
Interest income  
Advances (Note 6) $240,573 $678,896 $1,094,089 $2,211,823  $149,640 $502,222 
Interest-bearing deposits (Note 3) 1,014 3,240 19,054 17,086  830 8,918 
Federal funds sold 1,864 21,316 1,933 69,921  1,543 68 
Available-for-sale securities (Note 5) 6,590 24,441 22,881 57,016  5,764 8,519 
Held-to-maturity securities (Note 4)  
Long-term securities 111,232 138,412 355,916 396,660  98,634 126,820 
Certificates of deposit 851 51,287 1,392 212,525   508 
Mortgage loans held-for-portfolio (Note 7) 17,405 19,316 54,679 58,348  16,741 19,104 
Loans to other FHLBanks and other 1 30 1 33 
              
  
Total interest income
 379,530 936,938 1,549,945 3,023,412  273,152 666,159 
              
  
Interest expense  
Consolidated obligations-bonds (Note 8) 191,708 628,394 783,695 1,952,228 
Consolidated obligations-discount notes (Note 8) 31,647 141,309 173,228 559,153 
Deposits (Note 9) 516 7,370 2,002 33,235 
Consolidated obligations-bonds (Note 10) 154,913 343,707 
Consolidated obligations-discount notes (Note 10) 9,657 89,378 
Deposits (Note 8) 892 777 
Mandatorily redeemable capital stock (Note 11) 1,807 1,950 5,478 8,884  1,495 878 
Cash collateral held and other borrowings  242 49 982 
Cash collateral held and other borrowings (Note 19)  37 
              
  
Total interest expense
 225,678 779,265 964,452 2,554,482  166,957 434,777 
              
  
Net interest income before provision for credit losses
 153,852 157,673 585,493 468,930  106,195 231,382 
              
  
Provision (recovery) for credit losses on mortgage loans 598  (31) 1,966 215 
Provision for credit losses on mortgage loans 709 443 
              
  
Net interest income after provision for credit losses
 153,254 157,704 583,527 468,715  105,486 230,939 
              
  
Other income (loss)  
Service fees 1,101 934 3,181 2,422  1,045 985 
Instruments held at fair value — Unrealized gain (Note 16) 426 3,582 8,653 3,582 
Instruments held at fair value — Unrealized (loss) gain (Note 17)  (8,419) 8,313 
  
Total OTTI losses  (30,169)   (118,160)    (3,873)  (15,203)
Portion of loss recognized in other comprehensive income 26,486  103,884   473 9,938 
              
Net impairment losses recognized in earnings  (3,683)   (14,276)    (3,400)  (5,265)
              
  
Net realized and unrealized gain (loss) on derivatives and hedging activities (Note 15) 59,639  (25,515) 124,613  (65,196)
Net realized gain from sale of available-for-sale and redemption of held-to-maturity securities (Notes 4 and 5)   721 1,058 
Provision for derivative counterparty credit losses (Notes 15 and 17)   (64,523)   (64,523)
Net realized and unrealized (loss) on derivatives and hedging activities (Note 16)  (363)  (13,666)
Net realized gain from sale of available-for-sale securities (Note 5) 708 440 
Other  (39) 92 59  (42)  (227) 46 
              
  
Total other income (loss)
 57,444  (85,430) 122,951  (122,699)  (10,656)  (9,147)
              
  
Other expenses  
Operating 17,810 16,549 53,970 49,489  19,236 18,094 
Finance Agency and Office of Finance 1,834 1,350 5,663 4,268  2,418 1,967 
              
  
Total other expenses
 19,644 17,899 59,633 53,757  21,654 20,061 
              
  
Income before assessments
 191,054 54,375 646,845 292,259  73,176 201,731 
              
  
Affordable Housing Program (Note 10) 15,780 4,638 53,363 24,764 
REFCORP (Note 10) 35,055 9,947 118,696 53,499 
Affordable Housing Program (Note 12) 6,126 16,557 
REFCORP (Note 12) 13,410 37,035 
              
  
Total assessments
 50,835 14,585 172,059 78,263  19,536 53,592 
              
  
Net income
 $140,219 $39,790 $474,786 $213,996  $53,640 $148,139 
              
  
Basic earnings per share (Note 13)
 $2.70 $0.79 $8.93 $4.55 
Basic earnings per share (Note 14)
 $1.09 $2.72 
              
  
Cash dividends paid per share
 $1.40 $1.62 $3.54 $5.67  $1.41 $0.75 
              
The accompanying notes are an integral part of thethese unaudited financial statements.

 

24


Federal Home Loan Bank of New York
Statements of Capital — Unaudited (in thousands, except per share data)
For the ninethree months ended September 30,March 31, 2010 and 2009 and 2008
                                                
 Accumulated    Accumulated   
 Capital Stock1 Other Total  Capital Stock1 Other Total 
 Class B Retained Comprehensive Total Comprehensive  Class B Retained Comprehensive Total Comprehensive 
 Shares Par Value Earnings Income (Loss) Capital Income (Loss) 
 
Balance, December 31, 2007
 43,680 $4,367,971 $418,295 $(35,675) $4,750,591 
 
Proceeds from sale of capital stock 36,970 3,697,013   3,697,013 
Redemption of capital stock  (24,964)  (2,496,361)    (2,496,361) 
Shares reclassified to mandatorily redeemable capital stock  (648)  (64,759)    (64,759) 
Cash dividends ($5.67 per share) on capital stock    (250,104)   (250,104) 
Net Income   213,996  213,996 $213,996 
Net change in Accumulated other comprehensive income (Loss): 
Net unrealized loss on available-for-sale securities     (43,952)  (43,952)  (43,952)
Hedging activities     (1,755)  (1,755)  (1,755)
             
 $168,289 
   
Balance, September 30, 2008
 55,038 $5,503,864 $382,187 $(81,382) $5,804,669 
            Shares Par Value Earnings Income (Loss) Capital Income (Loss) 
  
Balance, December 31, 2008
 55,857 $5,585,700 $382,856 $(101,161) $5,867,395  55,857 $5,585,700 $382,856 $(101,161) $5,867,395 
  
Proceeds from sale of capital stock 26,932 2,693,233   2,693,233  10,418 1,041,817   1,041,817 
Redemption of capital stock  (31,363)  (3,136,345)    (3,136,345)   (12,145)  (1,214,491)    (1,214,491) 
Shares reclassified to mandatorily redeemable capital stock  (4)  (434)    (434)       
Cash dividends ($3.54 per share) on capital stock    (191,405)   (191,405) 
Cash dividends ($0.75 per share) on capital stock    (42,100)   (42,100) 
Net Income   474,786  474,786 $474,786    148,139  148,139 $148,139 
Net change in Accumulated other comprehensive income (Loss):  
Non-credit portion of OTTI on held-to-maturity securities     (103,884)  (103,884)  (103,884)
Accretion of non-credit portion of impairment losses on held-to-maturity securities    3,421 3,421 3,421 
Net unrealized gain on available-for-sale securities    48,335 48,335 48,335 
Non-credit portion of OTTI on held-to-maturity securities, net of accretion     (9,938)  (9,938)  (9,938)
Net unrealized gains on available-for-sale securities    30,426 30,426 30,426 
Hedging activities    5,687 5,687 5,687     1,879 1,879 1,879 
                          
 $428,345  $170,506 
      
Balance, September 30, 2009
 51,422 $5,142,154 $666,237 $(147,602) $5,660,789 
Balance, March 31, 2009
 54,130 $5,413,026 $488,895 $(78,794) $5,823,127 
                      
 
Balance, December 31, 2009
 50,590 $5,058,956 $688,874 $(144,539) $5,603,291 
 
Proceeds from sale of capital stock 3,644 364,445   364,445 
Redemption of capital stock  (5,944)  (594,365)    (594,365) 
Shares reclassified to mandatorily redeemable capital stock  (14)  (1,410)    (1,410) 
Cash dividends ($1.41 per share) on capital stock    (70,995)   (70,995) 
Net Income   53,640  53,640 $53,640 
Net change in Accumulated other comprehensive income (Loss): 
Non-credit portion of OTTI on held-to-maturity securities, net of accretion    3,958 3,958 3,958 
Net unrealized gains on available-for-sale securities    14,930 14,930 14,930 
Hedging activities    2,132 2,132 2,132 
             
 $74,660 
   
Balance, March 31, 2010
 48,276 $4,827,626 $671,519 $(123,519) $5,375,626 
           
   
1 Putable stock
The accompanying notes are an integral part of thethese unaudited financial statements.

 

35


Federal Home Loan Bank of New York
Statements of Cash Flows — Unaudited (in thousands)
For the ninethree months ended September 30,March 31, 2010 and 2009 and 2008
        
 Nine months ended         
 September 30,  March 31, 
 2009 2008  2010 2009 
Operating activities
  
  
Net Income $474,786 $213,996  $53,640 $148,139 
          
  
Adjustments to reconcile net income to net cash provided by operating activities:  
Depreciation and amortization:  
Net premiums and discounts on consolidated obligations, investments, mortgage loans and other adjustments  (95,490)  (103,645)  (19,849)  (16,488)
Concessions on consolidated obligations 4,977 6,904  2,497 1,858 
Premises, software, and equipment 4,020 3,575  1,365 1,323 
Provision for derivative counterparty credit losses  64,523 
Provision for credit losses on mortgage loans 1,966 215  709 443 
Net realized (gains) from redemption of held-to-maturity securities  (281)  (1,058)
Net realized (gains) from sale of available-for-sale securities  (440)    (708)  (440)
Credit impairment losses on held-to-maturity securities 14,276   3,400 5,265 
Change in net fair value adjustments on derivatives and hedging activities 68,323  (468,072) 145,124 10,927 
Change in fair value adjustments on financial instruments held at fair value  (8,653)  (3,582) 8,419  (8,313)
Net change in:  
Accrued interest receivable 137,921 110,871  19,781 81,356 
Derivative assets due to accrued interest 184,842 151,442   (9,558) 122,496 
Derivative liabilities due to accrued interest  (250,161)  (91,585)  (27,425)  (184,242)
Other assets 4,830  (48,769) 2,560 2,353 
Affordable Housing Program liability 22,373 3,323  1,171 5,919 
Accrued interest payable  (95,244)  (4,878) 54,380  (48,275)
REFCORP liability 33,912  (14,093)  (10,361) 37,035 
Other liabilities  (5,759)  (20,024)  (32,257)  (2,619)
          
  
Total adjustments 21,412  (414,853) 139,248 8,598 
          
  
Net cash provided (used) by operating activities
 496,198  (200,857)
Net cash provided by operating activities
 192,888 156,737 
          
 
Investing activities
  
Net change in:  
Interest-bearing deposits 13,471,204  (341,090) 3,874 4,328,324 
Federal funds sold  (3,900,000)  (2,031,000) 320,000  (500,000)
Deposits with other FHLBanks  (84)  (127) 22  (3)
Premises, software, and equipment  (4,823)  (3,876)  (619)  (1,348)
Held-to-maturity securities:  
Long-term securities  
Purchased  (2,754,476)  (2,142,900)   (395,221)
Repayments 2,283,149 1,862,789  916,331 624,495 
In-substance maturities 38,251 94,634   1,479 
Net change in certificates of deposit  (797,000) 5,284,200   903,000 
Available-for-sale securities:  
Purchased  (613)  (3,244,285)  (581,936)  (346)
Proceeds 420,607 251,777  164,325 120,446 
Proceeds from sales 132,095 546  32,993 131,780 
Advances:  
Principal collected 320,102,436 389,788,259  66,264,709 159,760,816 
Made  (308,324,718)  (410,797,243)  (60,622,185)  (155,769,454)
Mortgage loans held-for-portfolio:  
Principal collected 235,596 135,832  49,065 54,415 
Purchased and originated  (117,152)  (105,733)  (20,106)  (28,208)
Loans to other FHLBanks  
Loans made  (400,000)  (661,000)  (27,000)  
Principal collected 400,000 716,000  27,000  
          
 
Net cash provided (used) by investing activities
 20,784,472  (21,193,217)
Net cash provided by investing activities
 6,526,473 9,230,175 
          
The accompanying notes are an integral part of these unaudited financial statements.

 

46


Federal Home Loan Bank of New York
Statements of Cash Flows — Unaudited (in thousands)
For the ninethree months ended September 30,March 31, 2010 and 2009 and 2008
        
 Nine months ended         
 September 30,  March 31, 
 2009 2008  2010 2009 
Financing activities
  
Net change in:  
Deposits and other borrowings1
 $531,109 $1,601,874  $5,238,715 $919,256 
Short-term loans from other FHLBanks: 
Proceeds from loans  1,260,000 
Payments for loans   (1,260,000)
Consolidated obligation bonds:  
Proceeds from issuance 35,112,667 55,509,862  14,103,711 5,795,744 
Payments for maturing and early retirement  (47,224,995)  (30,051,498)  (15,757,412)  (18,272,802)
Consolidated obligation discount notes:  
Proceeds from issuance 814,559,648 536,200,240  27,155,228 190,143,891 
Payments for maturing  (822,438,650)  (542,193,830)  (38,157,604)  (187,741,830)
Capital stock:  
Proceeds from issuance 2,693,233 3,697,013  364,445 1,041,817 
Payments for redemption / repurchase  (3,136,345)  (2,496,361)  (594,365)  (1,214,491)
Redemption of Mandatorily redeemable capital stock  (15,673)  (159,857)  (22,512)  (3,160)
Cash dividends paid2
  (191,405)  (250,104)  (70,995)  (42,100)
          
 
Net cash (used) provided by financing activities
  (20,110,411) 21,857,339 
Net cash used by financing activities
  (7,740,789)  (9,373,675)
          
 
Net increase in cash and cash equivalents 1,170,259 463,265 
Net (decrease) increase in cash and cash equivalents  (1,021,428) 13,237 
Cash and cash equivalents at beginning of the period 18,899 7,909  2,189,252 18,899 
     
      
Cash and cash equivalents at end of the period $1,189,158 $471,174  $1,167,824 $32,136 
          
  
Supplemental disclosures:
  
Interest paid $1,161,678 $2,096,160  $136,535 $583,725 
Affordable Housing Program payments3
 $30,990 $21,441  $4,955 $10,638 
REFCORP payments $84,784 $67,593  $23,771 $ 
Transfers of mortgage loans to real estate owned $1,091 $356  $377 $108 
Portion of non-credit OTTI losses on held-to-maturity securities $103,884 $  $473 $9,938 
   
1 Includes $227,796 ofCash flows from derivatives containing financing elements were considered as a financing activity — $109,565 and $41,605 cash out-flows from derivatives for the ninethree months ended September 30, 20092010 and $477,204 cash in-flows for the nine months ended September 30, 2008.2009.
 
2 Does not include payments to holders of Mandatorily redeemable capital stock.
 
3 AHP payments = (beginning accrual - ending accrual) + AHP assessment for the period; payments represent funds released to the Affordable Housing Program.
The accompanying notes are an integral part of these unaudited financial statements.

 

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Notes to Financial Statements (Unaudited)
Background
The Federal Home Loan Bank of New York (“FHLBNY” or “the Bank”) is a federally chartered corporation, exempt from federal, state and local taxes except real propertyestate taxes. It is one of twelve district Federal Home Loan Banks (“FHLBanks”). The FHLBanks are U.S. government-sponsored enterprises (“GSEs”), organized under the authority of the Federal Home Loan Bank Act of 1932, as amended (“FHLBank Act”). Each FHLBank is a cooperative owned by member institutions located within a defined geographic district. The members purchase capital stock in the FHLBank and receive dividends on their capital stock investment. The FHLBNY’s defined geographic district is New Jersey, New York, Puerto Rico, and the U.S. Virgin Islands. The FHLBNY provides a readily available, low-cost source of funds for its member institutions. The FHLBNY does not have any wholly or partially owned subsidiaries, nor does it have an equity position in any partnerships, corporations, or off-balance-sheet special purpose entities.
The FHLBNY obtains its funds from several sources. A primary source is the issuance of FHLBank debt instruments, called consolidated obligations, to the public. The issuanceissuances and servicing of consolidated obligations are performed by the Office of Finance, a joint office of the FHLBanks. These debt instruments represent the joint and several obligations of all the FHLBanks. Additional sources of FHLBNY funding are member deposits and the issuance of capital stock. Deposits may be accepted from member financial institutions and federal instrumentalities.
Members of the cooperative must purchase FHLBNY stock according to regulatory requirements (See(For more information, see Note 11 Capital, Capital Ratios,ratios, and Mandatorily Capital Stock — for more information).redeemable capital stock ). The business of the cooperative is to provide liquidity for the members (primarily in the form of loans referred to as “advances”) and to provide a return on members’ investment in FHLBNY stock in the form of a dividend. Since the members are both stockholders and customers, the Bank operates such that there is a trade-off between providing value to them via low pricing for advances with a relatively lower dividend versus higher advances pricing with a relatively higher dividend. The FHLBNY is managed to deliver balanced value to members, rather than to maximize profitability or advance volume through low pricing.
All federally insured depository institutions, insured credit unions and insurance companies engaged in residential housing finance can apply for membership in the FHLBank in their district. All members are required to purchase capital stock in the FHLBNY as a condition of membership. A member of another FHLBank or a financial institution that is not a member of any FHLBank may also hold FHLBNY stock as a result of having acquired an FHLBNY member. Because the Bank operates as a cooperative, the FHLBNY conducts business with related parties in the normal course of business and considers all members and non-member stockholders as related parties in addition to the other FHLBanks. SeeFor more information, see Note 1819 — Related party transactions — for more information.transactions.
The FHLBNY’s primary business is making collateralized advances to members which is the principal factor that impacts the financial condition of the FHLBNY.

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As of
Since July 30, 2008, the FHLBNY ishas been supervised and regulated by the Federal Housing Finance Agency (“Finance Agency”), which is an independent agency in the executive branch of the U.S. government. With the passage of the “Housing and Economic Recovery Act of 2008” (“Housing Act”), the Finance Agency was established and became the new independent Federal regulator (the “Regulator”) of the FHLBanks, effective July 30, 2008. The Federal Housing Finance Board (“Finance Board”), the FHLBanks’ former regulator, was merged into the Finance Agency as of October 27, 2008. The Finance Board was abolished one year after the date of enactment of the Housing Act. Finance Board regulations, orders, determinations and resolutions remain in effect until modified, terminated, set aside or superseded in accordance with the Housing Act by the FHFA Director, a court of competent jurisdiction or by operation of the law.

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The Finance Agency ensures thatAgency’s mission statement is to provide effective supervision, regulation and housing mission oversight of Fannie Mae, Freddie Mac and the FHLBNY carries out itsFederal Home Loan Banks to promote their safety and soundness, support housing finance and affordable housing, and community development mission, remains adequately capitalizedto support a stable and able to raise funds in the capital markets, and operates in a safe and sound manner.liquid mortgage market. However, while the Finance Agency establishes regulations governing the operations of the FHLBanks, each FHLBankthe Bank functions as a separate entity with its own management, employees and board of directors.
Tax Status
The FHLBanks, including the FHLBNY, are exempt from ordinary federal, state, and local taxation except for local real estate tax.taxes.
Assessments
Resolution Funding Corporation(“REFCORP”)Assessments.Although the FHLBNY is exempt from ordinary federal, state, and local taxation except for local real estate tax,taxes, it is required to make payments to REFCORP.
REFCORP was established by Congress in 1989 to help facilitate the U.S. government’s bailout of failed financial institutions. The REFCORP assessments are used by the U.S. Treasury to pay a portion of the annual interest expense on long-term obligations issued to finance a portion of the cost of the bailout. Principal of those long-term obligations is paid from a segregated account containing zero-coupon U.S. government obligations, which were purchased using funds that Congress directed the FHLBanks to provide for that purpose in 1989.
Each FHLBank is required to pay 20 percent of income calculated in accordance with accounting principles generally accepted in the U.S. (“GAAP”) after the assessment for the Affordable Housing Program, but before the assessment for the REFCORP. The Affordable Housing Program and REFCORP assessments are calculated simultaneously because of their dependence on each other. The FHLBNY accrues its REFCORP assessment on a monthly basis.
The Resolution Funding Corporation has been designated as the calculation agent for the Affordable Housing Program and REFCORP assessments. Each FHLBank provides the amount of quarterly income before Affordable Housing Program and REFCORP assessments and other information to the Resolution Funding Corporation, which then performs the calculations for each quarter end.

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Affordable Housing Program(“(“AHP” or “Affordable Housing Program”)Assessments. Section 10(j) of the FHLBank Act requires each FHLBank to establish an Affordable Housing Program. Each FHLBank provides subsidies in the form of direct grants and below-market interest rate advances to members who use the funds to assist in the purchase, construction, or rehabilitation of housing for very low-, low-, and moderate-income households. Annually, the FHLBanks must set aside for the Affordable Housing Program the greater of $100 million or 10 percent of regulatory defined net income. Regulatory defined net income is defined as GAAP net income before interest expense related to mandatorily redeemable capital stock under the accounting guidance for certain financial instruments with characteristics of both liabilities and equity,and the assessment for Affordable Housing Program, but after the assessment for REFCORP. The exclusion of interest expense related to mandatorily redeemable capital stock is a regulatory interpretation of the Finance Agency. The FHLBNY accrues the AHP expense monthly.

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Basis of Presentation
The preparation of financial statements in accordance with generally accepted accounting principles in the U.S. requires management to make a number of judgments, estimates, and assumptions that affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities (if applicable), and the reported amounts of income and expense during the reported periods. Although management believes these judgments, estimates, and assumptions to be appropriate, actual results may differ. The information contained in these financial statements is unaudited. In the opinion of management, normal recurring adjustments necessary for a fair presentation of the interim period results have been made. Certain amounts in the comparable 2007 and 20082009 presentations have been conformed to the 20092010 presentation and the impact of the changes was insignificant.
These unaudited financial statements should be read in conjunction with the FHLBNY’s audited financial statements for the year ended December 31, 2008,2009, included in Form 10-K filed on March 27, 2009.25, 2010.
See Note 1 — Summary of Significant Accounting Policies in Notes to the Financial Statements of the Federal Home Loan Bank of New York filed on Form 10-K on March 27, 2009,25, 2010, which contains a summary of the Bank’s significant accounting policies.
Note 1. Recently Issued Accounting Standards and Interpretations, and Significant Accounting Policies and Estimates
Recently issued Accounting Standards and Interpretations
Accounting for the Consolidation of Variable Interest Entities —On June 12, 2009, the FASB issued guidance to improve financial reporting by enterprises involved with variable interest entities (VIEs) and to provide more relevant and reliable information to users of financial statements. This guidance amends the manner in which entities evaluate whether consolidation is required for VIEs. The guidance also requires that an entity continually evaluate VIEs for consolidation, rather than making such an assessment based upon the occurrence of triggering events. Additionally, the guidance requires enhanced disclosures about how an entity’s involvement with a VIE affects its financial statements and its exposure to risks. This guidance is effective as of the beginning of each reporting entity’s first annual reporting period that begins after November 15, 2009 (January 1, 2010 for the FHLBNY), for interim periods within that first annual reporting period and for interim and annual reporting periods thereafter. Earlier application is prohibited. The FHLBNY is evaluating the impact of this pronouncement on its financial statements, results of operations and cash flows, which is not expected to be significant.
Accounting for Transfers of Financial Assets —On June 12, 2009, the FASB issued guidance, which is intended to improve the relevance, representational faithfulness, and comparability of the information that a reporting entity provides in its financial reports about a transfer of financial assets; the effects of a transfer on its financial position, financial performance, and cash flows; and a transferor’s continuing involvement in transferred financial assets. Key provisions of the guidance include (i) the removal of the concept of qualifying special purpose entities, (ii) the introduction of the concept of a participating interest, in circumstances in which a portion of a financial asset has been transferred and (iii) the requirement that to qualify for sale accounting, the transferor must evaluate whether it maintains effective control over transferred financial assets either directly or indirectly. The guidance also requires enhanced disclosures about transfers of financial assets and a transferor’s continuing involvement. This guidance is effective as of the beginning of each reporting entity’s first annual reporting period that begins after November 15, 2009 (January 1, 2010 for the FHLBNY), for interim periods within that first annual reporting period and for interim and annual reporting periods thereafter. Earlier application is prohibited. The FHLBNY is evaluating the effect of the adoption of this guidance on its financial condition, results of operations and cash flows, which is not expected to be significant.

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Codification of Accounting Standards —On June 29, 2009, the FASB established FASB’s Accounting Standards Codification (Codification) as the single source of authoritative GAAP recognized by the FASB to be applied by nongovernmental entities. SEC rules and interpretive releases are also sources of authoritative GAAP for SEC registrants. The Codification is effective for interim and annual periods ending after September 15, 2009. The FHLBNY adopted the Codification on September 30, 2009. As the Codification is not intended to change or alter previous GAAP, its adoption did not affect the FHLBNY’s financial condition, results of operations or cash flows. Because the Codification is the single source of authoritative U.S. GAAP, the notes will generally not refer to the Codification.
Subsequent Events —On May 28, 2009, the FASB issued guidance establishing general standards of accounting for and disclosure of events that occur after the balance sheet date but before financial statements are issued or are available to be issued (FASB ASC 855-10). This guidance sets forth: (1) the period after the balance sheet date during which management of a reporting entity should evaluate events or transactions that may occur for potential recognition or disclosure in the financial statements; (2) the circumstances under which an entity should recognize events or transactions occurring after the balance sheet date in its financial statements; and (3) the disclosures that an entity should make about events or transactions that occurred after the balance sheet date, including disclosure of the date through which an entity has evaluated subsequent events and whether that represents the date the financial statements were issued or were available to be issued. This guidance does not apply to subsequent events or transactions that are within the scope of other applicable GAAP that provide different guidance on the accounting treatment for subsequent events or transactions. This guidance is effective for interim and annual financial periods ending after June 15, 2009. The FHLBNY adopted this guidance for the period ended June 30, 2009. Its adoption resulted in additional disclosures in the financial statements in Form 10-Q for the periods ended June 30, 2009 and September 30, 2009. For more information, see Note 20 — Subsequent events.
Enhanced Disclosures about Derivative Instruments and Hedging Activities —On March 19, 2008, the FASB issued guidance which is intended to improve financial reporting about derivative instruments and hedging activities by requiring enhanced disclosures to enable investors to better understand their effects on an entity’s financial position, financial performance, and cash flows (FASB ASC 815-10-65-1). The standard is effective for financial statements issued for fiscal years and interim periods beginning after November 15, 2008 (January 1, 2009 for the FHLBNY). Since the new guidance only requires additional disclosures concerning derivatives and hedging activities, its adoption as of January 1, 2009 did not have an effect on our financial condition, results of operations or cash flows. The expanded disclosures related to this guidance are included in Note 15 — Derivatives and hedging activities.
In September 2008, the FASB issued guidance to require enhanced disclosures about credit derivatives and guarantees and amend the existing guidance on guarantor’s accounting and disclosure requirements for guarantees, including indirect guarantees of indebtedness of others (FASB ASC 460-10) to exclude credit derivative instruments accounted for at fair value under the accounting standard for derivatives and hedge accounting (FASB ASC 815-10). The new guidance is effective for financial statements issued for reporting periods ending after November 15, 2008. Since the new guidance only requires additional disclosures concerning credit derivatives and guarantees, its adoption as of January 1, 2009 did not have an effect on our financial condition, results of operations or cash flows.

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Recognition and Presentation of Other-Than-Temporary Impairments —On April 9, 2009, the FASB issued guidance for recognition and presentation of other-than-temporary impairment (OTTI) (FASB ASC 320-10-65-1). The new guidance is intended to provide greater clarity to investors about the credit and noncredit component of an OTTI event and to more effectively communicate when an OTTI event has occurred. The guidance applies to debt securities and requires that the total OTTI be presented in the statement of income with an offset for the amount of impairment that is recognized in other comprehensive income, which is the noncredit component. Noncredit component losses are to be recorded in other comprehensive income if an investor can assert that (a) it does not have the intent to sell or (b) it is not more likely than not that it will have to sell the security prior to its anticipated recovery, and (c) it expects to recover the amortized cost basis of the security. The FHLBNY early adopted this guidance at January 1, 2009, and has recorded OTTI on its securities under the new rules. No cumulative effect transition adjustment was recorded since the FHLBNY had no OTTI prior to 2009. The expanded disclosures related to the new guidance are included in Note 4 — Held-to-maturity securities and Note 5 — Available-for-sale securities.
Determining Fair Value When the Volume and Level of Activity for the Asset or Liability Have Significantly Decreased and Identifying Transactions That Are Not Orderly —On April 9, 2009, the FASB issued guidance, which clarifies the approach to, and provides additional factors to consider in estimating fair value when the volume and level of activity for the asset or liability have significantly decreased (FASB ASC 820-10-65-4). It also includes guidance on identifying circumstances that indicate a transaction is not orderly. The guidance is effective and should be applied prospectively for financial statements issued for interim and annual reporting periods ending after June 15, 2009, with early adoption permitted for reporting periods ending after March 15, 2009. If an entity elected to early adopt this guidance, it must also have concurrently adopted the OTTI guidance. The FHLBNY elected to early adopt this guidance effective January 1, 2009. The enhanced disclosures related to this guidance are included in Note 16 — Fair Values of Financial Instruments.
Interim Disclosures about Fair Value of Financial Instruments.On April 9, 2009, the FASB issued guidance to require disclosures about the fair value of financial instruments, including disclosure of the method(s) and significant assumptions used to estimate the fair value of financial instruments, in interim financial statements as well as in annual financial statements (FASB ASC 825-10-65-1). Previously, these disclosures were required only in annual financial statements. The guidance is effective and should be applied prospectively for financial statements issued for interim and annual reporting periods ending after June 15, 2009, with early adoption permitted for reporting periods ending after March 15, 2009. An entity may early adopt this guidance only if it also concurrently adopted guidance discussed in the previous paragraphs regarding fair value and the OTTI guidance. The FHLBNY elected to early adopt this guidance effective January 1, 2009. Its adoption resulted in increased interim financial statement disclosures, but did not affect the FHLBNY’s financial condition, results of operations or cash flows.

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Significant Accounting Policies and EstimatesEstimates.
The FHLBNY has identified certain accounting policies that it believes are significant because they require management to make subjective judgments about matters that are inherently uncertain and because of the likelihood that materially different amounts would be reported under different conditions or by using different assumptions. These policies include estimating the allowance for credit losses on the advance and mortgage loan portfolios, evaluating the impairment of the Bank’s securities portfolios, estimating the liabilities for employee benefit programs, and estimating fair values of certain assets and liabilities.
Fair Value Measurements and DisclosuresThe accounting standardsstandard on fair value measurements and disclosures discusses how entities should measure fair value based on whether the inputs to those valuation techniques are observable or unobservable. In January 2010, the Financial Accounting Standards Board (“FASB”) provided further guidelines effective January 1, 2010, that required enhanced disclosures about fair value measurements that the FHLBNY adopted in the 2010 first quarter, and the Bank’s disclosures incorporate the enhanced standards. For more information, see Note 17 — Fair values of financial instruments.
Observable inputs reflect market data obtained from independent sources or those that can be directly corroborated to market sources, while unobservable inputs reflect the FHLBNY’s market assumptions. Fair value is defined as the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction in the principal or most advantageous market for the asset or liability between market participants at the measurement date. This definition is based on an exit price rather than transaction (entry)or entry price.

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Valuation Techniques— Three valuation techniques are prescribed under the fair value measurement standards — Market approach, Income approach and Cost approach. Valuation techniques for which sufficient data is available and that are appropriate under the circumstances should be used.
In determining fair value, FHLBNY uses various valuation methods, including both the market and income approaches.
Market approach — This technique uses prices and other relevant information generated by market transactions involving identical or comparable assets or liabilities.
Income approach — This technique uses valuation techniques to convert future amounts (for example, cash flows or earnings) to a single present amount (discounted), based on assumptions used by market participants. The present value technique used to measure fair value depends on the facts and circumstances specific to the asset or liability being measured and the availability of data.
Cost approach — This approach is based on the amount that currently would be required to replace the service capacity of an asset (often referred to as current replacement cost).
The accounting guidance on fair value measurements and disclosures establishes a hierarchy for inputs used in measuring fair value that maximizes the use of observable inputs and minimizes the use of unobservable inputs by requiring that the most observable inputs be used when available. Observable inputs are inputs that market participants would use in pricing the asset or liability, and would be based on market data obtained from sources independent of FHLBNY. Unobservable inputs are inputs that reflect FHLBNY’s assumptions about the parameters market participants would use in pricing the asset or liability, and would be based on the best information available in the circumstances.
The fair value hierarchy is broken down into three levels based on the reliability of inputs as follows:
Level 1— Quoted prices for identical instruments in active markets.
Level 2— Quoted prices for similar instruments in active markets; quoted prices for identical or similar instruments in markets that are not active; and model-based valuations in which all significant inputs and significant parameters are observable in active markets.
Level 3— Valuations based upon valuation techniques in which significant inputs and significant parameters are unobservable.
The availability of observable inputs can vary from product to product and is affected by a wide variety of factors including, for example, the characteristics peculiar to the transaction. To the extent that valuation is based on models or inputs that are less observable or unobservable in the market, the determination of fair value requires more judgment. Accordingly, the degree of judgment exercised by FHLBNY in determining fair value is greatest for instruments categorized as Level 3. In certain cases, the inputs used to measure fair value may fall into different levels of the fair value hierarchy. In such cases, for disclosure purpose the level in the fair value hierarchy within which the fair value measurement falls is determined based on the lowest level input that is significant to the fair value measurement in its entirety. At September 30, 2009
In its Statements of Condition at March 31, 2010 and December 31, 2008,2009, the FHLBNY measured and recorded fair values using the above guidance in the Statements of Condition for derivatives, available-for-sale securities, forand certain consolidated obligation bonds that were designated and recorded at fair value usingunder the fair value option (FVO) accounting guidance for financial assets and liabilities, and at September 30, 2009, for certain held-to-maturity(“FVO”). Held-to-maturity securities determined to be credit impaired or OTTI at March 31, 2010 and December 31, 2009 were also measured at fair value on a non-recurring basis. At September 30, 2009 and December 31, 2008, the Bank had designated consolidated obligation debt of $2.4 billion and $983.0 million under the FVO.

 

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A significant percentage of fixed-rate advances and consolidated obligation bonds are hedged to mitigate the risk of fair value changes from changes in the interest rate environment and are typically accounted under hedge accounting rules in a fair value hedging relationship. When the FHLBNY deems that a hedge relationship is either not operationally practical or considers the hedge may not be highly effective under accounting standard on derivative and hedging, the FHLBNY may designate certain advances and consolidated obligation bonds as economic hedges.
Fair Values of Derivative positions —The FHLBNY is an end-user of over-the-counter (“OTC”) derivatives to hedge assets and liabilities under hedge accounting rules to mitigate fair value risks. In addition, the Bank records the fair value of an insignificant amount of mortgage-delivery commitments as derivatives, also under derivative and hedge accounting rules.derivatives. For additional information, see Note 1516 — Derivatives and hedging activities.
Valuations of derivative assets and liabilities reflect the value of the instrument including the value associated with counterparty risk. Derivative values also take into account the FHLBNY’s own credit standing. The valuation of the derivative instrument reflects the net credit differential between the FHLBNY and its counterparties to its derivative contracts. The computed fair values of the FHLBNY’s OTC derivatives take into consideration the effects of legally enforceable master netting agreements that allow the FHLBNY to settle positive and negative positions and offset cash collateral with the same counterparty on a net basis. The agreements include collateral thresholds that reflect the net credit differential between the FHLBNY and its derivative counterparties. On a contract-by-contract basis, the collateral and netting arrangements sufficiently mitigated the impact of the credit differential between the FHLBNY and its derivative counterparties to an immaterial level such that an adjustment for nonperformance risk was not deemed necessary. Fair values of the derivatives were computed using quantitative models and employed multiple market inputs including interest rates, prices and indices to generate continuous yield or pricing curves and volatility factors. These multiple market inputs were predominantly actively quoted and verifiable through external sources, including brokers and market transactions.
Fair Values of investments classified as available-for-sale securities —The FHLBNY measures and records fair values of available-securities in the Statements of Condition in accordance with the fair value measurement standards. Changes in the values of available-for-sale securities are recorded in Accumulated other comprehensive income (loss) (“AOCI”), which is a component of members’ capital, with an offset to the recorded value of the investments in the Statements of Condition. The Bank’s entire portfolio of mortgage-backed securitiesinvestments classified as available-for-sale (“AFS”) isare comprised of mortgage-backed securities that are GSE issued, by GSE variable ratevariable-rate collateralized mortgage obligations whichand are marketable at their recorded fair values. A small percentage of the AFS portfolio at September 30, 2009March 31, 2010 and December 31, 20082009 consisted of investments in equity and bond mutual funds held by grantor trusts owned by the FHLBNY. The unit prices, or the “Net asset values,” of the underlying mutual funds were available through publicly viewable web sites and the units were marketable at recorded fair values. In summary, the recorded
The fair values of available-for-sale securities in the Statements of Condition at September 30, 2009 and December 31, 2008 reflected the estimated price at which the positions could be sold.
All of the FHLBNY’s mortgage-backed securities classified as available-for-sale are marketable and the fair value of these investment securities isare estimated by management using specialized pricing services that employ pricing models or quoted prices of securities with similar characteristics. Inputs into the pricing models are market based and observable. Examples of securities, which would generally be classified within Level 2 of the valuation hierarchy and valued using the “market approach” as defined under the accounting standard for fair value measurements and disclosures, include GSE issued collateralized mortgage obligations and money market funds.

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See Note 1617 — Fair Values of Financial Instrumentsfinancial instruments — for additional disclosures with respect to theabout fair values and Levels associated with assets and liabilities recorded on the Bank’s Statements of Condition at September 30, 2009March 31, 2010 and December 31, 2008. See Note 16 – Fair Values of Financial Instruments — for more information about fair value disclosures of financial instruments.2009.
Fair Value of held-to-maturity securities on a Nonrecurring Basis—Certain held-to-maturity investment securities are measured at fair value on a nonrecurring basis; that is, they are not measured at fair value on an ongoing basis but are subject to fair-value adjustments in certain circumstances (for example, when there is evidence of other-than-temporary impairment). The FHLBNY early adoptedimpairment. In accordance with the new guidance on recognition and presentation of other-than-temporary impairments.In accordance with this guidance,other- than-temporary impairment, certain held-to-maturity mortgage-backed securities with unpaid principal balance of $197.2 million and fair value of $125.8 million at September 30, 2009 were determined to be credit impaired as a result of evidence of other-than-temporary impairment (“OTTI”)at March 31, 2010 and December 31, 2009 and the securities were recorded at their fair values in the current year third quarter. The impairment consistedStatements of credit loss componentCondition at those dates. For more information, see Note 4 — Held-to-maturity securities, and Note 17 — Fair Values of $3.7 million recorded as a charge to earnings in the three months ended September 30, 2009. The non-credit component of OTTI was a loss of $26.5 million, which was recorded in Accumulated other comprehensive income (loss).financial instruments.

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Financial Assets and Financial Liabilities recorded under the Fair Value Option—The accounting standards on the fair value option for financial assets and liabilities, created a fair value option (“FVO”) allowing, but not requiring, an entity to irrevocably elect fair value as the initial and subsequent measurement attribute for certain financial assets and financial liabilities with changes in fair value recognized in earnings as they occur. In the third quarter of 2008 and thereafter, the FHLBNY hashad elected the FVO designation for certain consolidated obligation bonds. At March 31, 2010 and December 31, 2009, the Bank had designated certain consolidated obligation debt under the FVO and recorded their fair values in the Statements of Condition at those dates. The changes in fair values of the designated bonds are economically hedged by interest rate swaps. See Note 1617 — Fair Values of Financial Instrumentsfinancial instruments for more information.
Investments
Early adoption by the FHLBNY of the guidance on interim disclosures about the fair value of financial instruments at January 1, 2009 required the Bank to incorporate certain clarifications and definitions in its investment policies. The new guidance amendsamended the pre-existing accounting rules for investments in debt and equity securities, and isthe guidance was primarily intended to provide greater clarity to investors about the credit and noncredit component of an OTTIother-than-temporary impairment (“OTTI”) event and to more effectively communicate when an OTTI event has occurred. The new guidance has beenwas incorporated in the Bank’s investment policies as summarized below.
Held-to-maturity securities— The FHLBNY classifies investments for which it has both the ability and intent to hold to maturity as held-to-maturity investments. Such investments and are recorded at amortized cost basis. Amortized cost basis, which includes adjustments made to the cost of an investment for accretion and amortization of discounts and premiums, collection of cash, and fair value hedge accounting adjustments. If a held-to-maturity security is determined to be OTTI, the amortized cost basis of the security is adjusted for credit losses. Amortized cost basis of a held-to-maturity OTTI security is further adjusted for impairment related to all other factors (also referred to as the non-credit component of OTTI) and recognized in Accumulated other comprehensive income (loss), andAOCI; the adjusted amortized cost basis is the carrying value of the OTTI security as reported in the Statements of Condition. Carrying value for a held-to-maturity security that is not impairedOTTI is its amortized cost basis.

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Under the accounting guidance for investments in debt and equity securities, changes in circumstances may cause the FHLBNY to change its intent to hold certain securities to maturity without calling into question its intent to hold other debt securities to maturity in the future. Thus, the sale or transfer of a held-to-maturity security due to changes in circumstances, such as evidence of significant deterioration in the issuer’s creditworthiness or changes in regulatory requirements, is not considered inconsistent with its original classification. Other events that are isolated, nonrecurring, and unusual for the FHLBNY that could not have been reasonably anticipated may cause the FHLBNY to sell or transfer a held-to-maturity security without necessarily calling into question its intent to hold other debt securities to maturity. The Bank did not transfer or sell any held-to-maturity securities due to changes in circumstances thus far in 2009 as well asany period in 2008 or 2007.this report.

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In accordance with accounting guidance for investments in debt and equity securities, sales of debt securities that meet either of the following two conditions may be considered as maturities for purposes of the classification of securities: (1) the sale occurs near enough to its maturity date (or call date if exercise of the call is probable) such that interest rate risk is substantially eliminated as a pricing factor and the changes in market interest rates would not have a significant effect on the security’s fair value, or (2) the sale of a security occurs after the FHLBNY has already collected a substantial portion (at least 85 percent) of the principal outstanding at acquisition due either to prepayments on the debt security or to scheduled payments on a debt security paid over its term.acquisition.
Available-for-sale securities— The FHLBNY classifies investments that it may sell before maturity as available-for-sale and carries them at fair value. Fair value
Until available-for-sale securities (“AFS”) are sold, changes in fair values are recorded in Accumulated other comprehensive income until the security is sold or is expected to be sold.
The FHLBNY classifies investments that it may sell before maturityAOCI as available-for-sale and carries them at fair value. The change in fair value of the available-for-sale securities is recorded in other comprehensive income as a netNet unrealized gain or loss(loss) on available-for-sale securities. If available-for-sale securities had been hedged under a fair value hedge qualifying under thefor hedge accounting, for derivatives and hedging, the FHLBNY would record the portion of the change in fair value related to the risk being hedged in Other income (loss) as a Net realized and unrealized gain (loss) on derivatives and hedging activities together with the related change in the fair value of the derivative, and would record the remainder of the change in Accumulated other comprehensive incomeAOCI as a Net unrealized gain (loss) on available-for-sale securities. If available-for-sale securities had been hedged under a cash flow hedge qualifying under thefor hedge accounting, standard for derivatives and hedging, the FHLBNY would record the effective portion of the change in value of the derivative related to the risk being hedged in other comprehensive incomeAOCI as a Net unrealized gain (loss) on derivatives and hedging activities. The ineffective portion would be recorded in Other income (loss) and presented as a Net realized and unrealized gain (loss) on derivatives and hedging activities. The FHLBNY computes the amortization and accretion of premiums and discounts on mortgage-backed securities using the level-yield method over the estimated lives of the securities. The FHLBNY’s estimated life method requires a retrospective adjustment of the effective yield each time the FHLBNY changes the estimated life as if the new estimate had been known at the original acquisition date of the asset.
The FHLBNY computes the amortization and accretion of premiums and discounts on investments other than mortgage-backed securities using the level-yield method to the contractual maturities of the investments.
The FHLBNY computes gains and losses on sales of investment securities using the specific identification method and includes these gains and losses in Other income (loss). The FHLBNY treats securities purchased under agreements to resell as collateralized financings because the counterparty retains control of the securities.

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Other than-temporary Impairment Other-than-temporary impairment (“OTTI”)Accounting and Governance Policies — Impairment—Impairment analysis, and Pricing of mortgage-backed securities, and Bond insurer methodology.
The FHLBNY regularly evaluates its investments for impairment and determines if unrealized losses are temporary based in part on the creditworthiness of the issuers, and in part on the underlying collateral.collateral within the structure of the security and the cash flows expected to be collected on the security. A security is considered impaired if its fair value is less than its amortized cost basis. Amortized cost basis includes adjustments made to the cost of an investment for accretion, amortization, collection of cash, previous OTTI recognized in earnings and fair value hedge accounting adjustments. If management has made a decision to sell such an “impaired”impaired security, OTTI is considered to have occurred. If a decision to sell the impaired investment has not been made, but management concludes that it“it is more likely than notnot” that it will be required to sell such a security before recovery of the amortized cost basis of the security, an OTTI is also considered to have occurred.
Even if management does not intend to sell such an impaired security, an OTTI has occurred if cash flow analysis determines that a credit loss exists. The difference between the present value of the cash flows expected to be collected and the amortized cost basis is a credit loss. To determine if a credit loss exists, management compares the present value of the cash flows expected to be collected to the amortized cost basis of the security. If the present value of the cash flows expected to be collected is less than the security’s amortized cost, an OTTI exists, irrespective of whether management will be required to sell such a security. The Bank’s methodology to calculate the present value of expected cash flows is to discount the expected cash flows (principal and interest) of a fixed-rate security, that is deemed asbeing evaluated for OTTI, by using the effective interest rate of the security as of the date it was acquired. For a variable-ratevariable- rate security that is evaluated for OTTI, the expected cash flows are computed using a forward-rate curve.
If management determines that it intends to sell a security in an unrealized loss position or can no longer assert that it will not be required to sell such as security before recovery ofcurve and discounted using the amortized cost basis of the security, the entire OTTI is recorded as a charge to earnings in the period management reaches such a decision.forward rates.

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However, if management determines that OTTI exists only because of a credit loss (even if it does not intend to sell or it will not be required to sell such a security), the amount of impairment related to credit loss will affect earnings and the amount of loss related to factors other than credit loss is recognized as a component of Accumulated other comprehensive income (loss).
If the FHLBNY determines that OTTI has occurred, it accounts for the investment security as if it had been purchased on the measurement date of the other-than-temporary impairment. The investment security is written down to fair value, which becomes its new amortized cost basis. The new amortized cost basis is not adjusted for subsequent recoveries in fair value.
For securities designated as available-for-sale, subsequent unrealized changes to the fair values (other than OTTI) are recorded in Accumulated other comprehensive income (loss).AOCI. For securities designated as held-to-maturity, the amount of OTTI recorded in Accumulated other comprehensive income (loss)AOCI for the non-credit component of OTTI is amortized prospectively over the remaining life of the securities based on the timing and amounts of estimated future cash flows. Amortization out of Accumulated other comprehensive income (loss)AOCI is offset by an increase in the carrying value of securities until the securities are repaid or are sold or subsequent OTTI is recognized in earnings.
If subsequent evaluation indicates a significant increase in cash flows greater than previously expected to be collected or if actual cash flows are significantly greater than previously expected, the increases are accounted for as a prospective adjustment to the accretable yield through interest income. In subsequent periods, if the fair value of the investment security has further declined below its then-current carrying value and there has been a decrease in the estimated cash flows the FHLBNY expects to collect, the FHLBNY will deem the security as OTTI.

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OTTI FHLBank System Governance Committee— On April 28, 2009, and May 7, 2009, the Finance Agency, the FHLBanks’ regulator, provided the FHLBanks with guidance on the process for determining OTTI with respect to the FHLBanks’ holdings of private-label MBS and theirfor adoption of the guidance for recognition and presentation of other-than-temporary impairment in the first quarter of 2009.OTTI. The goal of the guidance is to promote consistency among all FHLBanks in the process for determining and presenting OTTI for private-label MBS.
Beginning with the second quarter of 2009, consistent with the objectives of the Finance Agency, guidance, the FHLBanks formed an OTTI Governance Committee (“OTTI Committee”) with the responsibility for reviewing and approving the key modeling assumptions, inputs, and methodologies to be used by the FHLBanks to generate the cash flow projections used in analyzing credit losses and determining OTTI for private-label MBS. The OTTI Committee charter was approved on June 11, 2009, and provides a formal process by which the FHLBanks can provide input on and approve the assumptions.
Although a FHLBank may engage another FHLBank to perform its OTTI analysis under the guidelines of the OTTI Committee, each FHLBank is responsible for making its own determination of impairment and the reasonableness of assumptions, inputs, and methodologies used and for performing the required present value calculations using appropriate historical cost bases and yields. FHLBanks that hold the same private-label MBS are required to consult with one another to make sure that any decision that a commonly held private-label MBS is other-than-temporarily impaired, including the determination of fair value and the credit loss component of the unrealized loss, is consistent among those FHLBanks.
The OTTI Committee’s role and scope with respect to the assessment of credit impairment for the FHLBNY’s private-label MBS are discussed below underfurther in the section “Impairment analysis of mortgage-backed securities”.

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FHLBank System Pricing Committee— In an effort to achieve consistency among all of the FHLBanks of theFHLBanks’ pricing of investments of mortgage-backed securities, in the third quarter of 2009 the FHLBanks also formed the MBS Pricing Governance Committee, which was responsible for developing a fair value methodology for mortgage-backed securities that all FHLBanks could adopt. Consistent with the guidance from the Pricing Committee, the FHLBNY updatedconformed its pre-existing methodology used to estimatefor estimating the fair value of mortgage-backed securities duringstarting with the quarterinterim period ended September 30, 2009. Under the approved methodology, the FHLBNY requests prices for all mortgage-backed securities from four specific third-party vendors. Prior to the change, the FHLBNY used three of the four vendors specified by the Pricing Committee. Depending on the number of prices received from the four vendors for each security, the FHLBNY selects a median or average price as defined by the methodology. The methodology also incorporates variance thresholds to assist in identifying median or average prices that may require further review by the FHLBNY. In certain limited instances (i.e., when prices are outside of variance thresholds or the third-party services do not provide a price), the FHLBNY will obtainobtains a price from securities dealers that is deemed most appropriate after consideration of all relevant facts and circumstances that would be considered by market participants. Prices for CUSIPs held in common with other FHLBanks are reviewed for consistency. The incorporation of the Pricing Committee guidelines did not have a significant impact in the FHLBNY’s estimate of the fair values of its investment securities at implementation of the policy as of September 30, 2009.

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Bond Insurer analysis— Certain held-to-maturity private-label MBS owned by the FHLBNY are insured by third-party bond insurers (“monoline insurers”). The bond insurance on these investments guarantees the timely payments of principal and interest if these payments cannot be satisfied from the cash flows of the underlying mortgage pool. Private-labelThe FHLBNY performs cash flow credit impairment tests on all of its private-label insured securities, are cash flow tested for credit impairment. The cash flowand the analysis of the MBS protected by such third-party insurance looks first to the performance of the underlying security, consideringand considers its embedded credit enhancements in the form of excess spread, overcollateralization, and credit subordination, to determine the collectability of all amounts due. If thesethe embedded credit enhancement protections are deemed insufficient to make timely payment of all amounts due, then the FHLBNY considers the capacity of the third-party bond insurer to cover any shortfalls.
Certain monoline insurers have been subject to adverse ratings, rating downgrades, and weakening financial performance measures. In estimating the insurers’ capacity to provide credit protection in the future to cover any decreaseshortfall in cash flows expected to be collected for securities deemed to be OTTI, the FHLBNY has developed a methodology to assess the ability of the monoline insurers to meet future insurance obligations. The methodology establishes boundaries that can be used on a consistent basis, and includes both quantitative and qualitative factors.
ThisThe methodology calculates the length of time a monoline is expected to remain financially viable to pay claims for securities insured; itinsured. It employs, for the most part, publicly available information to identify cash flows used up by a monoline for insurance claims. Based on the monoline’s existing insurance reserves, the methodology attempts to predict the length of time over which the monoline’s claims-paying resourceresources could sustain bond insurance losses. The methodology provides an indicatorestablishes boundaries that can be used on a consistent basis, and includes both quantitative factors and qualitative considerations that management utilizes to estimate the period of a point in time inthat it is probable that the future whenBank’s insured securities will receive cash flow support from the monoline’s claim-paying resource are estimated to be exhausted.monolines.
For the FHLBNY’s insured securities that are deemed to be credit impaired absent insurer protection, the methodology compares the timing and amount of the cash flow shortfall to the timing of when a monoline’s claim-paying resource is deemed exhausted. The analysis quantifies both the timing and the amount of cash flow shortfall that the insurer is unlikely to be able to cover. However, estimation of an insurer’s financial strength to remain viable over a long time horizon requires significant judgment and assumptions. Predicting when the insurers may no longer have the ability to perform under their contractual agreements, then comparing the timing and amounts of cash flow shortfalls of securities that are credit impaired absent insurer protection requires significant judgment.

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Determining a monoline’s financial viability is primarily based on an analysis which establishes quantitative boundaries to provide consistency
For reasons outlined in previous paragraphs, the assessment of OTTI under different fact patterns. Because predicting outcomes over a distant time horizon is inherently subjective, the FHLBNY employs qualitative factors to assist in the identification of critical quantitative inputs and assumptions.
The FHLBNY believes that bond insurance is an inherent aspect of credit support within the structure of the security itself and it is appropriate to include insurance in its evaluation of expected cash flows and determination of OTTI. The FHLBNY has also established that the terms of insurance enable the insurance to travel with the security if the security is sold in the future. Currently,As of March 31, 2010, the monolines that provide insurance for the Bank’s securities are going concerns and arewere honoring claims with their existing capital resources. Up until March 31, 2010, both Ambac Assurance Corp (“Ambac”), and MBIA Insurance Corp (“MBIA”), the two primary bond insurers for the FHLBNY, have been paying claims in order to meet any current cash flow deficiency within the structure of the insured securities. On March 24, 2010, Ambac, with the consent of the Commissioner of Insurance for the State of Wisconsin (the “Commissioner”), entered into a temporary injunction to suspend payments to bond holders and to create a segregated account for bond holders, which had no effect on payments due from Ambac through March 31, 2010. MBIA is continuing to meet claims.
Within the boundaries set in the methodology outlined above, which are re-assessed at each quarter, the Bank believes it is appropriate to assert that insurer credit support can be relied upon over a certain period of time. For Ambac that support period was set at March 31, 2010 (no-reliance after that date) based on the late-breaking news and the FHLBNY’s analysis of the temporary injunction by the Commissioner and Ambac. As with all assumptions, changes to these assumptions may result in materially different outcomes and the realization of additional other-than-temporary impairment charges in the future.

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Impairment analysis of mortgage-backed securities
Securities with a fair value below amortized cost basis are considered impaired. Determining whether a decline in fair value is OTTI requires significant judgment. The FHLBNY evaluates its individual held-to-maturity investment in private-label issued mortgage- and asset-backed securities for OTTI on a quarterly basis. As part of this process, the FHLBNY assesses if it has an intentionthe intent to sell the security or it“it is more likely than notnot” that it will be required to sell the impaired investment before recovery of its amortized cost basis. At September 30, 2009, toTo assess whether the entire amortized cost basesbasis of the FHLBNY’s private-label MBS will be recovered in future periods, beginning with the quarter ended September 30, 2009, at December 31, 2009 and March 31, 2010, the Bank performed OTTI analysis by cash flow testing 100 percent of its 54 private-label MBS. In the first two quarters of 2009, the FHLBNY’ methodology was to analyze all its private-label MBS to isolate securities that were considered to be at risk of OTTI and to perform cash flow analysis for 100%on securities at risk of its private-label MBS, including bonds determined to be other-than-temporarily impaired in a previous reporting period. In prior quarters of 2009 and at December 31, 2008, the Bank had identified private-label MBS with weak performance measures indicating the possibility of other-than-temporary impairment based on the Bank’s screening and monitoring parameters, which included pricing, credit rating and credit enhancement coverage. Bonds selected through the screening process were cash flow tested for impairment. Bonds determined to be credit impaired at September 30, 2009 were cash flow tested for credit impairment previously.OTTI.
Cash flow analysis derived from the FHLBNY’s own assumptionsThe FHLBNY cash flow tested 100% of its private-label MBS. Assessment for impairmentOTTI employed by the FHLBNY’s own techniques and assumptions were determined primarily using historical performance data of the 54 private-label MBS. These assumptions and performance measures were “benchmarked”benchmarked by comparing to (1) performance parameters from “market consensus”, data obtained from a specialized consulting service, and (2) to the assumptions and parameters provided by the OTTI Committee for the FHLBNY’s private-label MBS.MBS, which represented about 50 percent of the FHLBNY’s private-label MBS portfolio.
The FHLBNY’s analysis was performed using an internal process to develop bond performance parameters and a third party process to generate expected cash flows to be collected. The Bank’s internal process calculated the historical average of each bond’s prepayments, defaults, and loss severities, and considered other factors such as delinquencies and foreclosures. AssumptionsManagement’s assumptions were primarily based on historical performance statistics extracted from reports from trustees, loan servicer reports and other sources. In arriving at historical performance assumptions, which is the FHLBNY’s expected case assumptions, the FHLBNY also considered various characteristics of each security including, but not limited to, the following: the credit rating and related outlook or status; the creditworthiness of the issuers of the debt securities; the underlying type of collateral; the year of securitization or vintage, the duration and level of the unrealized loss, credit enhancements, if any; and other collateral-related characteristics such as FICO® credit scores, and delinquency rates. The relative importance of this information varies based on the facts and circumstances surrounding each security as well as the economic environment at the time of assessment.
Each bond’s performance parameters, primarily prepayments, defaults and loss severities, which were calculated by the Bank’s internal approach were then input into a third party specialized cash flow model that allocated the projected collateral level losses to the various security classes in the securitization structure in accordance with its prescribed cash flow and loss allocation rules. In a securitization in which the credit enhancement for the senior securities was derived from the presence of subordinate securities, losses were generally allocated first to the subordinate securities until their principal balance was reduced to zero.

 

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If the security is insured by a bond insurer and the security relies on the insurer for support either currently or potentially in future periods, the FHLBNY performed another analysis to assess the financial strength of the monoline insurers. The results of the insurer financial analysis (“monoline burn-out period”) were then incorporated in the third-party cash flow model, as a key input. If the cash flow model projected cash flow shortfalls (credit impairment) on an insured security, the monoline’s “burn-out period”, anburn-out period (an end date for credit support,support), was then input to the cash flow model. The end date, also referred to as the burn-out date, provided the necessary information as an input to the cash flow model for the continuation of cash flows up until the burn-out date. Any cash flow shortfalls that occurred beyond the “burn-out” date waswere considered to be not recoverable and the insured security was then deemed to be credit impaired.
Each bond’s performance parameters, primarily prepayments, defaults and loss severities, and bond insurance financial guarantee predictors , as calculated by the Bank’s internal approach were then input into the specialized bond cash flow model that allocated the projected collateral level losses to the various security classes in the securitization structure in accordance with its prescribed cash flow and loss allocation rules. In determining monoline insurer support, the Bank considered the contractual terms of the insurance guarantee, and whethera securitization in which the credit protection underenhancements for the termssenior securities were derived from the presence of subordinate securities, losses were generally allocated first to the agreement would “travel” with the security.subordinate securities until their principal balance was reduced to zero.
Role and scope of the OTTI Governance Committee
Starting with the third quarter of 2009, the OTTI Committee has adopted guidelines that require each FHLBank toshould assess credit impairment by cash flow testing of 100%100 percent of private-label securities that are within its scope.securities. Of the 54 private-label MBS owned by the FHLBNY, 26approximately 50 percent of MBS backed by sub-prime loans, commercial real estate loans, home equity loans, and manufactured housing loans were deemed to be outside the scope of the OTTI Committee because sufficient loan level collateral data was not available and 28to determine the assumptions under the OTTI Committee’s approach described below. The remaining securities were modeled in the OTTI Committee common platform as described below.platform. The FHLBNY developed key modeling assumptions and forecasted cash flows using the FHLBNY’s own assumptions for 100%100 percent of its private-label MBS.
Cash flow derived from the OTTI Committee common platform— Consistent with the guidelines provided by the OTTI Committee, the FHLBNY has contracted with the FHLBankFHLBanks of San Francisco and Chicago to perform cash-flow analyses for 13 of its residential private-label MBS. The unpaid principal balancethe securities within the scope of the 13 securities was $414.7 million at September 30, 2009. The FHLBNY has also contracted withOTTI Committee as a means of benchmarking the FHLBank of Chicago to performFHLBNY’s own cash flow analyses for 15analysis. At March 31, 2010 and December 31, 2009, FHLBanks of its subprimeSan Francisco and Chicago cash flow tested approximately 50 percent of the FHLBNY’s private-label MBS. The unpaid principal balance was $197.7 million at September 30, 2009. Although the FHLBNY has engaged the two FHLBanks to perform the cash flow analysis, for 28 private-label MBS, the FHLBNY has reviewed the underlying assumptions and is ultimately responsible for making its own determination of impairment and the reasonableness of assumptions, inputs, and methodologies used and performing the required present value calculations using appropriate historical cost bases and yields.
The two FHLBanks of San Francisco and Chicago performed cash flow analysis for the 28FHLBNY’s private-label securities in scope using two third-party models.models to establish the modeling assumptions and calculate the forecasted cash flows in the structure of the MBS. The first model considered borrower characteristics and the particular attributes of the loans underlying a security in conjunction with assumptions about future changes in home prices and interest rates, to project prepayments, defaults and loss severities. A significant input to the first model was the forecast of future housing price changes for the relevant states and core based statistical areas (CBSAs)(“CBSAs”), which were based upon an assessment of the individual housing markets. CBSA refers collectively to metropolitan and micropolitan statistical areas as defined by the United States Office of Management and Budget; as currently defined, a CBSA must contain at least one urban area with a population of 10,000 or more people. The FHLBanks’ housing price forecast assumed CBSA level current-to-trough home price declines ranging from 0 percent to 2012 percent over the next 96 to 15 months.12 months beginning January 1, 2010. Thereafter, home prices wereare projected to increase 0 percentremain flat in the first six months, and to increase 0.5 percent in the next six months, 3 percent in the second year and 4 percent in each subsequent year.

 

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The month-by-month projections of future loan performance derived from the first model, which reflected projected prepayments, defaults and loss severities, were then input into a second model that allocated the projected loan level cash flows and losses to the various security classes in the securitization structure in accordance with its prescribed cash flow and loss allocation rules. In a securitization in which the credit enhancement for the senior securities was derived from the presence of subordinate securities, losses were generally allocated first to the subordinate securities until their principal balance was reduced to zero. The projected cash flows were based on a number of assumptions and expectations, and the results of these models can vary significantly with changes in assumptions and expectations. The scenario of cash flows determined based on model approach described above reflects a best estimate scenario and includes a base case current to troughcurrent-to-through housing price forecast and a base case housing price recovery path described in the prior paragraph. The cash flows tested on the securities within the scope of the OTTI Committee resulted in the credit impairment of three securities which were also deemed to be credit impaired by the FHLBNY’s cash flow analysis.
GSE issued securities— The FHLBNY evaluates its individual securities issued by Fannie Mae and Freddie Mac or a government agency by considering the creditworthiness and performance of the debt securities and the strength of the GSE’s guarantees of the securities. Based on the Bank’s analysis, GSE and U.S. agency issued securities are performing in accordance with their contractual agreements. The Housing Act contains provisions allowing the U.S. Treasury to provide support to Fannie Mae and Freddie Mac. In September 2008, the U.S. Treasury and the Finance Agency placed Fannie Mae and Freddie Mac into conservatorship in an attempt to stabilize their financial conditions and their ability to support the secondary mortgage market. The FHLBNY believes that it will recover its investments in GSE and agency issued securities given the current levels of collateral and credit enhancements and guarantees that exist to protect the investments.
Mortgage Loans Held-for-portfolio
The FHLBNY participates in the Mortgage Partnership Finance program® (“MPF”®) by purchasing and originating conventional mortgage loans from its participating members, herein afterhereafter referred to as Participating Financial Institutions (“PFI”). Federal Housing Administration (“FHA”) and Veterans Administration (“VA”) insured loans purchased were not a significant total of the outstanding mortgage loans held-for-portfolio at September 30, 2009March 31, 2010 and December 31, 2008.2009. The FHLBNY manages the liquidity, interest rate and prepayment option risk of the MPF loans, while the PFIs retain servicing activities. The FHLBNY and the PFI share the credit risks of the uninsured MPF loans by structuring potential credit losses into layers. Collectability of the loans is first supported by liens on the real estate securing the loan. For conventional mortgage loans, additional loss protection is provided by private mortgage insurance required for MPF loans with a loan-to-value ratio of more than 80%80 percent at origination, which is paid for by the borrower. Credit losses are absorbed by the FHLBNY to the extent of the First Loss Account (“FLA”) for which the maximum exposure is estimated to be $13.8 million and $13.9 million and $13.8 million at September 30, 2009March 31, 2010 and at December 31, 2008.2009. The aggregate amount of FLA is memorialized and tracked but is neither recorded nor reported as a loan loss reserve in the FHLBNY’s financial statements. If “second losses” beyond this layer are incurred, they are absorbed through a credit enhancement provided by the PFI. The credit enhancement held by PFIs ensures that the lender retains a credit stake in the loans it sells to the FHLBNY or originates as an agent for the FHLBNY (only relates to MPF 100 product). For assuming this risk, PFIs receive monthly “credit enhancement fees” from the FHLBNY.
The amount of the credit enhancement is computed with the use of a Standard & Poor’s model to determine the amount of credit enhancement necessary to bring a pool of uninsured loans to “AA” credit risk. The credit enhancement becomes an obligation of the PFI. For certain MPF products, the credit enhancement fee is accrued and paid each month. For other MPF products, the credit enhancement fee is accrued monthly and is paid monthly after the FHLBNY has accrued 12 months of credit enhancement fees.

 

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Delivery commitment fees are charged to a PFI for extending the scheduled delivery period of the loans. Pair-off fees may be assessed and charged to PFI when the settlement of the delivery commitment (1) fails to occur, or (2) the principal amount of the loans purchased by the FHLBNY under a delivery commitment is not equal to the contract amount beyond established limits. Extension fees are received when a member requests to extend the period of the delivery commitment beyond the original stated maturity.
The FHLBNY records credit enhancement fees as a reduction to mortgage loan interest income. The FHLBNY records other non-origination fees, such as delivery commitment extension fees and pair-off-fees, as derivative income over the life of the commitment. All such fees were inconsequential for all periods reported. Mortgage loans are recorded at fair value on settlement date.
The FHLBNY defers and amortizes premiums, costs, and discounts as interest income using the level yield method to the loan’s contractual maturities. The FHLBNY classifies mortgage loans as held-for-portfolio and, accordingly, reports them at their principal amount outstanding, net of premiums, costs and discounts.discounts, which is the fair value of the mortgage loan on settlement date.
The FHLBNY places a mortgage loan on non-accrual status when the collection of the contractual principal or interest is 90 days or more past due. When a mortgage loan is placed on non-accrual status, accrued but uncollected interest is reversed against interest income.
Allowance for credit losses on mortgage loans.The Bank performs periodic reviews of its portfolio to identify the losses inherent within the portfolio and to determine the likelihood of collection of the principal and interest. Mortgage loans, that are either classified under regulatory criteria (Special Mention, Sub-standard, or Loss) or past due, are separated from the aggregate pool and evaluated separately for impairment.
The allowanceallowances for credit losses on mortgage loans was $3.4were $5.2 million and $1.4$4.5 million as of September 30, 2009March 31, 2010 and December 31, 2008.2009.
The Bank identifies inherent losses through analysis of the conventional loans (FHA and VA are insured loans, and excluded from the analysis) that are not adversely classified or past due. Reserves are based on the estimated costs to recover any portions of the MPF loans that are not FHA and VA insured. When a loan is foreclosed, the Bank will charge to the loan loss reserve account for any excess of the carrying value of the loan over the net realizable value of the foreclosed loan.
If adversely classified, or on non-accrual status, reserves for conventional mortgage loans, except FHA and VA insured loans, are analyzed under liquidation scenarios on a loan level basis, and identified losses are fully reserved. FHA and VA insured mortgage loans have minimal inherent credit risk; risk generally arises mainly from the servicers defaulting on their obligations. FHA and VA insured mortgage loans, if adversely classified, willwould have reserves established only in the event of a default of a PFI. Reserves arePFI, and would be based on aging, collateral value and estimated costs to recover any uninsured portion of the MPF loan.
Derivatives
The contractual or notional amount of derivatives reflects the involvement of the FHLBNY in the various classes of financial instruments. The notional amount of derivatives does not measure the credit risk exposure of the FHLBNY, and the maximum credit exposure of the FHLBNY is substantially less than the notional amount. The maximum credit risk is the estimated cost of replacing favorable interest-rate swaps, forward agreements, mandatory delivery contracts for mortgage loans, and purchased caps and floors if the derivative counterparties default and the related collateral, if any, is of insufficient value to the FHLBNY. Accounting for derivatives is addressed under accounting standards for derivatives and hedging. All derivatives are recognized on the balance sheet at their estimated fair values, including accrued unpaid interest as either a derivative asset or a derivative liability net of cash collateral received from and pledged to derivative counterparties.

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Each derivative is designated as one of the following:
(1)a qualifying1 hedge of the fair value of a recognized asset or liability or an unrecognized firm commitment (a “fair value” hedge);
(2)a qualifying1 hedge of a forecasted transaction or the variability of cash flows that are to be received or paid in connection with a recognized asset or liability (a “cash flow” hedge);
(3)a non-qualifying1 hedge of an asset or liability (“economic hedge”) for asset-liability management purposes; or
(4)a non-qualifying1 hedge of another derivative (an “intermediation” hedge) that is offered as a product to members or used to offset other derivatives with non-member counterparties.
1Note: The terms “qualifying” and “non-qualifying” refer to accounting standards forderivatives and hedging.
The FHLBNY also holds participation interestshad no foreign currency assets, liabilities or hedges at 2010 first quarter, or in residential and community development mortgage loans through its Community Mortgage Asset (“CMA”) program. Acquisition of participations under2009.
Changes in the CMA program was suspended indefinitely in November 2001, and outstanding balance was approximately $4.0 million at September 30, 2009 and December 31, 2008. If adversely classified, CMA loans will have additional reserves established based on the shortfall of the underlying estimated liquidationfair value of collateral to covera derivative that is designated and qualifies as a fair value hedge, along with changes in the remaining balance of the CMA loan. Reserve values are calculated by subtracting the estimated liquidationfair value of the collateral (after sale value)hedged asset or liability that are attributable to the hedged risk (including changes that reflect losses or gains on firm commitments), are recorded in current period’s earnings in Other income (loss) as a Net realized and unrealized gain (loss) on derivatives and hedging activities.
Changes in the fair value of a derivative that is designated and qualifies as a cash flow hedge, to the extent that the hedge is effective, are reported in AOCI, a component of equity, until earnings are affected by the variability of the cash flows of the hedged transaction (i.e., until the recognition of interest on a variable rate asset or liability is recorded in earnings).
The FHLBNY records derivatives on trade date, but records the associated hedged consolidated obligations and advances on settlement date. Hedge accounting commences on trade date, at which time subsequent changes to the derivative’s fair value are recorded along with the offsetting changes in the fair value of the hedged item attributable to the risk being hedged. On settlement date, the basis adjustments to the hedged item’s carrying amount are combined with the principal amounts and the basis becomes part of the total carrying amount of the hedged item.
The FHLBNY has defined its market settlement conventions for hedged items to be five business days or less for advances and thirty calendar days or less, using a next business day convention, for consolidated obligations bonds and discount notes. These market settlement conventions are the shortest period possible for each type of advance and consolidated obligation from the current remaining balancetime the instruments are committed to the time they settle.
The FHLBNY considers hedges of committed advances and consolidated obligation bonds eligible for the “short cut” provisions, under accounting standards for derivatives and hedging, as long as settlement of the CMA loan.committed asset or liability occurs within the market settlement conventions for that type of instrument. A short-cut hedge is a highly effective hedging relationship that uses an interest rate swap as the hedging instrument to hedge a recognized asset or liability and that meets the criteria under the accounting standards for derivatives and hedging to qualify for an assumption of no ineffectiveness. To meet the short-cut provisions that assumes no ineffectiveness, the FHLBNY expects the fair value of the swap to be zero on the date the FHLBNY designates the hedge.

 

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For both fair value and cash flow hedges that qualify for hedge accounting treatment, any hedge ineffectiveness (which represents the amount by which the change in the fair value of the derivative differs from the change in the fair value of the hedged item or the variability in the cash flows of the forecasted transaction) are recorded in current period’s earnings in Other income (loss) as a Net realized and unrealized gain (loss) on derivatives and hedging activities. The differentials between accruals of interest income and expense on derivatives designated as fair value or cash flow hedges that qualify for hedge accounting treatment are recognized as adjustments to the interest income or expense of the hedged advances and consolidated obligations.
Changes in the fair value of a derivative not qualifying as a hedge are recorded in current period earnings with no fair value adjustment to the asset or liability being hedged. Both the net interest and the fair value adjustments on the derivative are recorded in Other income (loss) as a Net realized and unrealized gain (loss) on derivatives and hedging activities. Interest income and expense and changes in fair values of derivatives designated as economic hedges (also referred to as standalone hedges), or when executed as intermediated derivatives for members are also recorded in the manner described above.
The FHLBNY routinely issues debt and makes advances in which a derivative instrument is “embedded.” Upon execution of these transactions, the FHLBNY assesses whether the economic characteristics of the embedded derivative are clearly and closely related to the economic characteristics of the remaining component of the advance or debt (the host contract) and whether a separate, non-embedded instrument with the same terms as the embedded instrument would meet the definition of a derivative instrument. If the FHLBNY determines that (1) the embedded derivative has economic characteristics that are not clearly and closely related to the economic characteristics of the host contract, and (2) a separate, standalone instrument with the same terms would qualify as a derivative instrument, the embedded derivative would be separated from the host contract as prescribed for hybrid financial instruments under accounting standards for derivatives and hedge accounting, and carried at fair value. However, if the entire contract (the host contract and the embedded derivative) is to be measured at fair value, the changes in fair value would be reported in current earnings (such as an investment security classified as “trading”; or, if the FHLBNY cannot reliably identify and measure the embedded derivative for purposes of separating that derivative from its host contract, the entire contract would be carried on the balance sheet at fair value and no portion of the contract would be designated as a hedging instrument). The FHLBNY had no financial instruments with embedded derivatives that required bifurcation at March 31, 2010, March 31, 2009 or at December 31, 2009.
When hedge accounting is discontinued because the FHLBNY determines that the derivative no longer qualifies as an effective fair value hedge of an existing hedged item, the FHLBNY continues to carry the derivative on the balance sheet at its fair value, ceases to adjust the hedged asset or liability for changes in fair value, and amortizes the cumulative basis adjustment on the hedged item into earnings over the remaining life of the hedged item using the level-yield methodology.
When hedge accounting is discontinued because the FHLBNY determines that the derivative no longer qualifies as an effective cash flow hedge of an existing hedged item, the FHLBNY continues to carry the derivative on the balance sheet at its fair value and reclassifies the basis adjustment in AOCI to earnings when earnings are affected by the existing hedge item, which is the original forecasted transaction. Under limited circumstances, when the FHLBNY discontinues cash flow hedge accounting because it is no longer probable that the forecasted transaction will occur in the originally expected period plus the following two months, but it is probable the transaction will still occur in the future, the gain or loss on the derivative remains in AOCI and is recognized into earnings when the forecasted transaction affects earnings. However, if it is probable that a forecasted transaction will not occur by the end of the originally specified time period or within two months after that, the gains and losses that were included in AOCI are recognized immediately in earnings.

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When hedge accounting is discontinued because the hedged item no longer meets the definition of a firm commitment, the FHLBNY would continue to carry the derivative on the balance sheet at its fair value, removing from the balance sheet any asset or liability that was recorded to recognize the firm commitment and recording it as a gain or loss in current period earnings.
Cash Collateral associated with Derivative Contracts
The Bank reports derivative assets and derivative liabilities in its Statements of Condition after giving effect to legally enforceable master netting agreements with derivative counterparties, which include interest receivable and payable on derivative contracts and the fair values of the derivative contracts. The Bank records cash collateral received and paid in the Statements of Condition as Derivative assets and liabilities in the following manner — Cash collateral pledged by the Bank is reported as a deduction to Derivative liabilities; cash collateral received from derivative counterparties is reported as a deduction to Derivative assets. No securities were either pledged or received as collateral for derivatives at March 31, 2010 and December 31, 2009.
Amortization of Premiums and Accretion of Discounts — Investment securities
The FHLBNY estimates prepayments for purposes of amortizing premiums and accreting discounts associated with certain investment securities in accordance with accounting guidance for investments in debt and equity securities, which requires premiums and discounts to be recognized in income at a constant effective yield over the life of the instrument. Because actual prepayments often deviate from the estimates, the FHLBNY periodically recalculates the effective yield to reflect actual prepayments to date.
Adjustments of the effective yields for mortgage-backed securities are recorded on a retrospective basis, meaning as if the new estimated life of the security had been known at its original acquisition date. Changes in interest rates have a direct impact on prepayment speeds and estimated life, which will result in yield adjustments and can be a source of income volatility. Reductions in interest rates generally accelerate prepayments, which accelerate the amortization of premiums and reduce current earnings. Typically, declining interest rates also accelerate the accretion of discounts, thereby increasing current earnings. On the other hand, in a rising interest rate environment, prepayments will generally extend over a longer period, shifting some of the premium amortization and discount accretion to future periods.
The Bank uses the contractual method to amortize premiums and accrete discounts on mortgage loans held-for-portfolio. The contractual method recognizes the income effects of premiums and discounts in a manner that is reflective of the actual behavior of the mortgage loans during the period in which the behavior occurs while also reflecting the contractual terms of the assets without regard to changes in estimated prepayments based upon assumptions about future borrower behavior.
Note 2. Recently issued accounting policies and interpretations
Accounting for the Consolidation of Variable Interest Entities— In June 2009, the Financial Accounting Standards Board (“FASB”) issued guidance to improve financial reporting by enterprises involved with variable interest entities (“VIEs”) and to provide more relevant and reliable information to users of financial statements. This guidance amends the manner in which entities evaluate whether consolidation is required for VIEs. The guidance also requires that an entity continually evaluate VIEs for consolidation, rather than making such an assessment based upon the occurrence of triggering events. Additionally, the guidance requires enhanced disclosures about how an entity’s involvement with a VIE affects its financial statements and its exposure to risks. This guidance is effective as of the beginning of each reporting entity’s first annual reporting period that begins after November 15, 2009 (January 1, 2010 for the FHLBNY), for interim periods within that first annual reporting period, and for interim and annual reporting periods thereafter. Earlier application is prohibited. The FHLBNY has evaluated its operations and investments and has concluded that it has no VIEs and this pronouncement will have no impact on its financial statements, results of operations and cash flows.

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Fair Value Measurements and DisclosuresImproving Disclosures about Fair Value Measurements — In January 2010, the FASB issued amended guidance for fair value measurements and disclosures. The amended guidance requires a reporting entity to disclose separately the amounts of significant transfers in and out of Level 1 and Level 2 fair value measurements and describe the reasons for the transfers. Furthermore, this update requires a reporting entity to present separately information about purchases, sales, issuances, and settlements in the reconciliation for fair value measurements using significant unobservable inputs; clarifies existing fair value disclosures about the level of disaggregation and about inputs and valuation techniques used to measure fair value; and amends guidance on employers’ disclosures about postretirement benefit plan assets to require that disclosures be provided by classes of assets instead of by major categories of assets. The new guidance is effective for interim and annual reporting periods beginning after December 15, 2009 (January 1, 2010 for the FHLBNY), except for the disclosures about purchases, sales, issuances, and settlements in the rollforward of activity in Level 3 fair value measurements. Those disclosures are effective for fiscal years beginning after December 15, 2010 (January 1, 2011 for the FHLBNY), and for interim periods within those fiscal years. In the period of initial adoption, entities will not be required to provide the amended disclosures for any previous periods presented for comparative purposes. Early adoption is permitted. The FHLBNY adopted this guidance as of January 1, 2010. Adoption of the guidance resulted in increased financial statement footnote disclosures only. It did not impact the Statements of Condition, Operations, Cash Flows, or Changes in Capital or the determination of fair value.
Accounting for Transfers of Financial Assets— On June 12, 2009, the FASB issued guidance, which is intended to improve the relevance, representational faithfulness, and comparability of the information that a reporting entity provides in its financial reports about a transfer of financial assets; the effects of a transfer on its financial position, financial performance, and cash flows; and a transferor’s continuing involvement in transferred financial assets. Key provisions of the guidance include: (i) the removal of the concept of qualifying special purpose entities: (ii) the introduction of the concept of a participating interest, in circumstances in which a portion of a financial asset has been transferred; and (iii) the requirement that to qualify for sale accounting, the transferor must evaluate whether it maintains effective control over transferred financial assets either directly or indirectly. The guidance also requires enhanced disclosures about transfers of financial assets and the transferor’s continuing involvement. This guidance is effective as of the beginning of each reporting entity’s first annual reporting period that begins after November 15, 2009 (January 1, 2010 for the FHLBNY), for interim periods within that first annual reporting period and for interim and annual reporting periods thereafter. Earlier application is prohibited. The FHLBNY has evaluated the effect of the adoption of this guidance and has concluded that adoption had no impact on its financial statements, results of operations and cash flows.
Reclassifications
Certain amounts in the 2009 unaudited financial statements have been reclassified to conform to the 2010 presentation.

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Note 3. Cash and due from banks
Cash on hand, cash items in the process of collection, and amounts due from correspondent banks and the Federal Reserve Banks are included in cash and due from banks.
Compensating balances
The Bank maintained average required clearing balances with variousthe Federal Reserve Banks of approximately $1.0 million for the periods ended September 30, 2009as of March 31, 2010 and December 31, 2008.2009. The Bank uses earnings credits on these balances to pay for services received from the Federal Reserve Banks.
Pass-through deposit reserves
The Bank acts as a pass-through correspondent for member institutions required to deposit reserves with the Federal Reserve Banks. Pass-through reserves deposited with Federal Reserve Banks were $27.1$31.2 million and $31.0$29.3 million as of September 30, 2009March 31, 2010 and December 31, 2008.2009. The Bank includes member reserve balances in otherOther liabilities in the Statements of Condition.
Note 3. Interest-bearing deposits
In October 2008, the Board of Governors of the Federal Reserve System directed the Federal Reserve Banks (“FRB”) to pay interest on balances in excess of certain required reserve and clearing balances. The formula for calculating interest earned is based on average excess balances over the calculation period; rates are generally tied to the federal funds rate. On July 1, 2009, the FHLBNY was no longer eligible to collect interest on excess balances with the FRB. The FRB will pay interest only on required reserves. At December 31, 2008, excess balances placed with the FRB were classified as interest- bearing deposit. At September 30, 2009, the balance with the FRB did not earn interest and was classified as Cash and Due from Banks.
Note 4. Held-to-maturity securities
Held-to-maturity securities consist of mortgage- and asset-backed securities (collectively mortgage-backed securities or “MBS”), state and local housing finance agency bonds, and short-term certificates of deposits issued by highly rated banks and financial institutions.
At September 30, 2009March 31, 2010 and December 31, 2008,2009, the FHLBNY had pledged MBS with an amortized cost basis of $2.2$3.5 million and $2.7$2.0 million (amortized cost basis) to the FDIC in connection with deposits maintained by the FDIC at the FHLBNY.

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Mortgage-backed securities The FHLBNY’s investments in MBS are predominantly government sponsored enterprise issued securities. The carrying value and amortized cost basisvalues of investments in mortgage-backed securities issued by Federal National Mortgage Association (“Fannie Mae”) and the Federal Home Loan Mortgage Corp. (“Freddie Mac”) (together, government sponsored enterprises or “GSE”“GSEs”) and a U.S. government agency at September 30, 2009 was $8.5March 31, 2010 were $8.0 billion, or 88.2%88.9% of the carrying value of total MBS classified as held-to-maturity. The comparable carrying valuevalues of GSE issued MBS at December 31, 2008 was $7.62009 were $8.7 billion, or 81.3%89.1% of the total MBS classified as held-to-maturity. The carrying valuevalues (amortized cost less non-credit component of OTTI) of privately issued mortgage- and asset-backed securities at September 30, 2009March 31, 2010 and December 31, 2008 was $1.22009 were $1.0 billion and $1.7$1.1 billion. Privately issued MBS primarily included asset-backed securities, mortgage pass-throughs and Real Estate Mortgage Investment Conduit bonds, and securities supported by manufactured housing loans.
Certificates of deposits Investments in certificates of deposit are also classified as held-to-maturity. All such investments mature within one year. The amortized cost basis of certificates of deposit was $2.0 billion at September 30, 2009 and $1.2 billion at December 31, 2008.
State and local housing finance agency bonds— Investments in primary public and private placements of taxable obligations of state and local housing finance authorities (“HFA”) were classified as held-to-maturity and the amortized cost basis was $791.2were $749.8 million and $804.1$751.8 million at September 30, 2009March 31, 2010 and December 31, 2008.2009.

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Major Security Types
The amortized cost basis1, the gross unrecognized holding gains and losses, the fair values of held-to-maturity securities, and OTTI recognized in AOCI were as follows (in thousands):
                         
  March 31, 2010 
  Amortized          Gross  Gross    
  Cost  OTTI  Carrying  Unrecognized  Unrecognized  Fair 
Issued, guaranteed or insured: Basis  in OCI  Value  Holding Gains  Holding Losses  Value 
Pools of Mortgages
                        
Fannie Mae $1,081,039  $  $1,081,039  $44,361  $  $1,125,400 
Freddie Mac  307,168      307,168   14,795      321,963 
                   
Total pools of mortgages  1,388,207      1,388,207   59,156      1,447,363 
                   
                         
Collateralized Mortgage Obligations/Real Estate Mortgage Investment Conduits
                        
Fannie Mae  2,406,059      2,406,059   75,431      2,481,490 
Freddie Mac  3,854,479      3,854,479   125,672   (56)  3,980,095 
Ginnie Mae  150,882      150,882   422   (355)  150,949 
                   
Total CMOs/REMICs  6,411,420      6,411,420   201,525   (411)  6,612,534 
                   
                         
Commercial Mortgage-Backed Securities
                        
Freddie Mac  174,048      174,048         174,048 
Ginnie Mae  49,342      49,342   674      50,016 
                   
Total commercial mortgage-backed securities  223,390      223,390   674      224,064 
                   
                         
Non-GSE MBS
                        
CMOs/REMICs  409,839   (2,287)  407,552   2,771   (5,397)  404,926 
Commercial MBS                  
                   
Total non-federal-agency MBS  409,839   (2,287)  407,552   2,771   (5,397)  404,926 
                   
                         
Asset-Backed Securities
                        
Manufactured housing (insured)  195,700      195,700      (35,830)  159,870 
Home equity loans (insured)  296,280   (76,935)  219,345   18,484   (11,316)  226,513 
Home equity loans (uninsured)  208,217   (27,390)  180,827   10,257   (29,822)  161,262 
                   
Total asset-backed securities  700,197   (104,325)  595,872   28,741   (76,968)  547,645 
                   
                         
Total MBS $9,133,053  $(106,612) $9,026,441  $292,867  $(82,776) $9,236,532 
                   
                         
Other
                        
State and local housing finance agency obligations $749,841  $  $749,841  $3,471  $(55,583) $697,729 
Certificates of deposit                  
                   
Total other $749,841  $  $749,841  $3,471  $(55,583) $697,729 
                   
                         
Total Held-to-maturity securities
 $9,882,894  $(106,612) $9,776,282  $296,338  $(138,359) $9,934,261 
                   
                         
  December 31, 2009 
  Amortized          Gross  Gross    
  Cost  OTTI  Carrying  Unrecognized  Unrecognized  Fair 
Issued, guaranteed or insured: Basis  in OCI  Value  Holding Gains  Holding Losses  Value 
Pools of Mortgages
                        
Fannie Mae $1,137,514  $  $1,137,514  $38,378  $  $1,175,892 
Freddie Mac  335,368      335,368   12,903      348,271 
                   
Total pools of mortgages  1,472,882      1,472,882   51,281      1,524,163 
                   
                         
Collateralized Mortgage Obligations/Real Estate Mortgage Investment Conduits
                        
Fannie Mae  2,609,254      2,609,254   70,222   (2,192)  2,677,284 
Freddie Mac  4,400,003      4,400,003   128,952   (3,752)  4,525,203 
Ginnie Mae  171,531      171,531   245   (1,026)  170,750 
                   
Total CMOs/REMICs  7,180,788      7,180,788   199,419   (6,970)  7,373,237 
                   
                         
Ginnie Mae-CMBS
  49,526      49,526   62      49,588 
                   
                         
Non-GSE MBS
                        
CMOs/REMICs  447,367   (2,461)  444,906   2,437   (7,833)  439,510 
Commercial MBS                  
                   
Total non-federal-agency MBS  447,367   (2,461)  444,906   2,437   (7,833)  439,510 
                   
                         
Asset-Backed Securities
                        
Manufactured housing (insured)  202,278      202,278      (37,101)  165,177 
Home equity loans (insured)  307,279   (79,445)  227,834   12,795   (25,136)  215,493 
Home equity loans (uninsured)  217,981   (28,664)  189,317   3,436   (34,804)  157,949 
                   
Total asset-backed securities  727,538   (108,109)  619,429   16,231   (97,041)  538,619 
                   
                         
Total MBS $9,878,101  $(110,570) $9,767,531  $269,430  $(111,844) $9,925,117 
                   
                         
Other
                        
State and local housing finance agency obligations $751,751  $  $751,751  $3,430  $(11,046) $744,135 
Certificates of deposit                  
                   
Total other $751,751  $  $751,751  $3,430  $(11,046) $744,135 
                   
                         
Total Held-to-maturity securities
 $10,629,852  $(110,570) $10,519,282  $272,860  $(122,890) $10,669,252 
                   
1Amortized cost basis, as defined under the guidance on recognition and presentation of OTTI, includes adjustments made to the cost of an investment for accretion, amortization, collection of cash, and fair value hedge accounting adjustments. If a held-to-maturity security is determined to be OTTI, the amortized cost basis of the security is adjusted for previous OTTI recognized in earnings. Amortized cost basis of a held-to-maturity OTTI security is further adjusted for impairment related to all other factors (also referred to as the non-credit component of OTTI) recognized in AOCI, and the adjusted amortized cost basis is the carrying value of the OTTI security reported in the Statements of Condition. Carrying value of a held-to-maturity security that is not OTTI is its amortized cost basis.

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Unrealized Losses
The following tables summarize held-to-maturity securities with fair values below their amortized cost basis. The fair values and gross unrealized holding losses are aggregated by major security type and by the length of time individual securities have been in a continuous unrealized loss position as follows (in thousands):
                         
  March 31, 2010 
  Less than 12 months  12 months or more  Total 
  Estimated  Unrealized  Estimated  Unrealized  Estimated  Unrealized 
  Fair Value  Losses  Fair Value  Losses  Fair Value  Losses 
Non-MBS Investment Securities
                        
State and local housing finance agency obligations $143,016  $(10,889) $213,571  $(44,694) $356,587  $(55,583)
                   
Total Non-MBS
  143,016   (10,889)  213,571   (44,694)  356,587   (55,583)
                   
MBS Investment Securities
                        
MBS — Other US Obligations
                        
Ginnie Mae  110,737   (355)        110,737   (355)
MBS-GSE
                        
Fannie Mae                  
Freddie Mac  126,350   (56)        126,350   (56)
                   
Total MBS-GSE
  126,350   (56)        126,350   (56)
                   
MBS-Private-Label
  97,372   (502)  768,161   (158,064)  865,533   (158,566)
                   
Total MBS
  334,459   (913)  768,161   (158,064)  1,102,620   (158,977)
                   
Total
 $477,475  $(11,802) $981,732  $(202,758) $1,459,207  $(214,560)
                   
                         
  December 31, 2009 
  Less than 12 months  12 months or more  Total 
  Estimated  Unrealized  Estimated  Unrealized  Estimated  Unrealized 
  Fair Value  Losses  Fair Value  Losses  Fair Value  Losses 
Non-MBS Investment Securities
                        
State and local housing finance agency obligations $212,112  $(8,611) $43,955  $(2,435) $256,067  $(11,046)
                   
Total Non-MBS
  212,112   (8,611)  43,955   (2,435)  256,067   (11,046)
                   
MBS Investment Securities
                        
MBS — Other US Obligations
                        
Ginnie Mae  122,359   (1,020)  2,274   (6)  124,633   (1,026)
MBS-GSE
                        
Fannie Mae  780,645   (2,192)        780,645   (2,192)
Freddie Mac  814,881   (3,752)        814,881   (3,752)
                   
Total MBS-GSE
  1,595,526   (5,944)        1,595,526   (5,944)
                   
MBS-Private-Label
  113,140   (1,523)  765,445   (196,134)  878,585   (197,657)
                   
Total MBS
  1,831,025   (8,487)  767,719   (196,140)  2,598,744   (204,627)
                   
Total
 $2,043,137  $(17,098) $811,674  $(198,575) $2,854,811  $(215,673)
                   
                         

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Impairment analysis of GSE issued securities The FHLBNY evaluates its individual securities issued by Fannie Mae, and Freddie Mac orand a government agency by considering the creditworthiness and performance of the debt securities and the strength of the GSE’s guarantees of the securities. Based on the Bank’s analysis, GSE and agency issued securities are performing in accordance with their contractual agreements. The Housing Act contains provisions allowing the U.S. Treasury to provide support to Fannie Mae and Freddie Mac. In September 2008, the U.S. Treasury and the Finance Agency placed Fannie Mae and Freddie Mac into conservatorship in an attempt to stabilize their financial conditions and their ability to support the secondary mortgage market. The FHLBNY believes that it will recover its investments in GSE and agency issued securities given the current levels of collateral, and credit enhancements and guarantees that exist to protect the investments.
Impairment analysis of held-to-maturity non-agency private-label mortgage- and asset-backed securities (“PLMBS”).
Management evaluates its investments for OTTI on a quarterly basis, under amended OTTI guidance issued by theFinancial Accounting Standards Board(“FASB”) in the 2009 first quarter. This amended OTTI guidance, which the FHLBNY early adopted in the 2009 first quarter, results in only the credit portion of OTTI securities being recognized in earnings. The noncredit portion of OTTI, which represent fair value losses of OTTI securities, is recognized in AOCI. Prior to 2009, if impairment was determined to be other-than-temporary, the impairment loss recognized in earnings was equal to the entire difference between the security’s amortized cost basis and its fair value. Prior to 2009, the FHLBNY had no impaired securities. Beginning with the quarter ended September 30, 2009, and at March 31, 2010, the FHLBNY performed its OTTI analysis by cash flow testing 100% of it private-label MBS. At December 31, 2008, and at the two interim quarters ended June 30, 2009, the FHLBNY’s methodology was to analyze all its private-label MBS to isolate securities that were considered to be at risk of OTTI and to perform cash flow analysis on securities at risk of OTTI.
Base case (best estimate) assumptions and adverse case scenariosIn evaluating its private-label MBS for OTTI, the FHLBNY develops a base case assumption about future changes in home prices, prepayments, default and loss severities. The base case assumptions are the Bank’s best estimate of the performance parameters of its private-label MBS. The assumptions are then input to an industry standard bond cash flow model that generates expected cash flows based on various security classes in the securitization structure of each private-label MBS. See Note 1 for information with respect to critical estimates and assumptions about the Bank’s impairment methodologies.
In addition to evaluating its private-label MBS under a base case scenario, the FHLBNY also performs a cash flow analysis for each security determined to be OTTI under a more stressful performance scenario.
For more information, see tables below summarizing the base case assumptions and OTTI results under an adverse case scenario.
Third-party Bond Insurers (Monoline insurers) —Certain held-to-maturity private-label MBS owned by the FHLBNY are insured by third-party bond insurers (“monoline insurers”). The bond insurance on these investments guarantees the timely payments of principal and interest if these payments cannot be satisfied from the cash flows of the underlying mortgage pool. The FHLBNY performs cash flow credit impairment tests on all of its private-label insured securities, and the analysis of the MBS protected by such third-party insurance looks first to the performance of the underlying security, and considers its embedded credit enhancements in the form of excess spread, overcollateralization, and credit subordination, to determine the collectability of all amounts due. If the embedded credit enhancement protections are deemed insufficient to make timely payment of all amounts due, then the FHLBNY considers the capacity of the third-party bond insurer to cover any shortfalls.

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The two primary monoline insurers, Ambac and MBIA, have been subject to adverse ratings, rating downgrades, and weakening financial performance measures. In estimating the insurers’ capacity to provide credit protection in the future to cover any shortfall in cash flows expected to be collected for securities deemed to be OTTI, the FHLBNY has developed a methodology to assess the ability of the monoline insurers to meet future insurance obligations. Predicting when bond insurers may no longer have the ability to perform under their contractual agreements is a key impairment measurement parameter which the FHLBNY continually adjusts to factor the changing operating conditions at Ambac and MBIA. In a series of rating actions in 2009, MBIA and Ambac had been downgraded to below investment grade. Financial information, cash flows and results of operations from the two monolines have been closely monitored and analyzed by the management of FHLBNY. Based on on-going analysis of Ambac and MBIA at each interim periods in 2009 and at March 31, 2010, the FHLBNY management has shortened the period it believes the two monolines can continue to provide insurance support as a result of the changing operating conditions at Ambac and MBIA. The FHLBNY performs this analysis and makes a re-evaluation of the bond insurance support period quarterly.
As of March 31, 2010, the monolines that provide insurance for the Bank’s securities are going concerns and are honoring claims with their existing capital resources. Up until March 31, 2010, both Ambac Assurance Corp (“Ambac”). and MBIA Insurance Corp (“MBIA”), the two primary bond insurers for the FHLBNY, have been paying claims in order to meet any current cash flow deficiency within the structure of the insured securities. On March 24, 2010, Ambac, with the consent of the Commissioner of Insurance for the State of Wisconsin (the “Commissioner”), entered into a temporary injunction to suspend payments to bond holders and to create a segregated account for bond holders, which had no effect on payments due from Ambac through March 31, 2010. MBIA is continuing to meet claims. Changes to these and other key assumptions may result in materially different outcomes and the realization of additional other-than-temporary impairment charges in the future.
OTTI at March 31, 2010 —To assess whether the entire amortized cost basesbasis of the Bank’s private-label MBS will be recovered, the Bank performed cash flow analysis for one hundred100 percent of the FHLBNY’s private-label MBS outstanding at September 30, 2009, includingMarch 31, 2010. Cash flow assessments identified credit impairment on five HTM private-label MBS that were determined to be other-than-temporarily impaired in a previous reporting period.
Based on the results of its cash flow analyses, the FHLBNY determined that it was likely that it will not fully recover the amortized cost of ten of its private-label MBSmortgage-backed securities, and accordingly, these securities were deemed to be OTTI at September 30, 2009. The impaired securities included seven securities, with total unpaid principal balance of $124.7$3.4 million at September 30, 2009, that had previously been identified as OTTI and three securities, with total unpaid principal balance of $72.5 million at September 30, 2009, that were determined to be OTTI as of September 30, 2009. The cash flow analysis compared the present value of the cash flows expected to be collected from the ten securities to the securities’ amortized cost bases. The difference, the credit loss of $3.7 million,other-than-temporary impairment (“OTTI”) was recorded as a charge to current year thirdearnings. All five securities had been previously determined to be OTTI in 2009, and the additional impairment (or re-impairment) in the 2010 first quarter earnings.was due to further deterioration in the credit default rates of the five securities. The non-credit componentportion of OTTI associated withrecorded in AOCI was not significant.

29


The table below summarizes the impairmentkey characteristics of the securities1 that were deemed OTTI in the thirdfirst quarter was $26.5 million and was recorded as a lossof 2010 (dollars in Accumulated other comprehensive income (loss). In all fifteenthousands):
                             
                      Quarter ended 
      At March 31, 2010  March 31, 2010 
      Insurer MBIA  Insurer Ambac  OTTI 
Security         Fair      Fair  Credit  Non-credit 
Classification Count  UPB  Value  UPB  Value  Loss  Loss 
                             
RMBS-Prime*
    $  $  $  $  $  $ 
HEL Subprime*
  5   21,637   9,730   45,476   26,015   (3,400)  (473)
                      
 
Total
  5  $21,637  $9,730  $45,476  $26,015  $(3,400) $(473)
                      
*RMBS-Prime — Private-label MBS supported by prime residential loans; HEL Subprime — MBS supported by home equity loans.
1The total carrying value of the five securities prior to OTTI was $38.2 million. The carrying values and fair values of OTTI securities in a loss position at March 31, 2010 prior to OTTI were $27.0 million and $23.1 million.
Of the five credit impaired securities, have been deemed OTTI through the current year third quarter. Thirteen impairedfour securities are insured by bond insurers,insurer Ambac, and one by MBIA. The Bank’s analysis of the twoAmbac concluded that the bond insurers concluded thatinsurer could not be relied upon to “make whole” future credit losses due to projected collateral shortfalls of the impaired securities beyond March 31, 2010. Analysis of MBIA concluded that insurance support could be relied upon for shortfalls up until June 30, 2011, beyond which date, MBIA’s financial resources would be such that insurance protection could not be fully supported by the two bond insurers.

23


The cumulative credit impairment expenses recorded through earnings year-to-date September 30, 2009 was $14.3 million as a charge to earnings recorded in Other income (loss). The non-credit component of OTTI recorded in Accumulated other comprehensive income through the third quarter was $103.9 million. The Bank did not experience any OTTI during 2008 or 2007.relied upon.
At December 31, 2008, the FHLBNY’s screening and monitoring process, which included pricing, credit rating and credit enhancement coverage, had identified 21 private-label MBS with weak performance measures indicating the possibility of OTTI. Bonds selected through the screening process were cash flow tested for credit impairment. Fourteen of the securities were determined to be impaired absent bond insurer support to meet scheduled cash flows in the future. The remaining securities were considered to be only temporarily impaired based on cash flow analysis. Based on financial analysis of the bond insurers it was deemed that Ambac and MBIA had the ability to meet future claims, and the fourteen bonds were determined to be also temporarily impairedOTTI at December 31, 2008.
2009In the firstinterim periods ended March 31, 2009 and second quarters ofJune 30, 2009, the FHLBNY alsohad employed its screening procedures and identified private-label MBS with weakerweak performance measures. Bonds selected through the screening process were cash flow tested for credit impairment. In the third quarter of 2009 and at December 31, 2009, the FHLBNY cash flow tested 100 percent of its private-label MBS to identify credit impairment.
Certain insureduninsured bonds that were also determined to be credit impaired at December 31, 2008 absent insurer support were determined to be OTTI because of deteriorating financial conditions of MBIA and Ambac. First MBIA and then Ambac was downgraded and released financial information and results that the FHLBNY’s views resulted in the shortening of the bond insurance support period, a quantitative measure under the FHLBNY’s bond insurer analysis methodology. With the incremental shortening of the insurance support period of a credit impaired bond starting with the first quarter of 2009 because of deteriorating financial conditions at Ambac and MBIA, the FHLBNY recognized larger amounts of cash flow shortfalls at each of the quarters for certain insured bonds. Certain uninsured bonds were determined to be credit impaired also based on cash flow testing forshortfall in the interim periods of 2009. In many instances, the FHLBNY’s cash flow analysis observed additional credit impairment in the second and third quarters of 2009.also referred to as credit re-impairments. Observed historical performance parameters of certain securities havehad deteriorated in 2009, and these factors havehad increased loss severities in the cash flow analyses of those private-label MBS.
The table below summarizes the key characteristics of the securities that were deemed OTTI in the fourth quarter of 2009 (dollars in thousands):
                                             
      At December 31, 2009  Quarter ended December 31, 2009 
      Insurer MBIA  Insurer Ambac  Uninsured  OTTI  Gross Unrecognized Losses 
Security         Fair      Fair      Fair  Credit  Non-credit  Less than  More than 
Classification Count  UPB  Value  UPB  Value  UPB  Value  Loss  Loss  12 months  12 months 
 
RMBS-Prime*
    $  $  $  $  $  $  $  $  $  $ 
HEL Subprime*
  8         89,092   53,027   20,118   12,874   (6,540)  (16,212)     (2,663)
                                  
 
Total
  8  $  $  $89,092  $53,027  $20,118  $12,874  $(6,540) $(16,212) $  $(2,663)
                                  
*RMBS-Prime — Private-label MBS supported by prime residential loans; HEL Subprime — MBS supported by home equity loans.
All eight securities determined to be OTTI were insured by Ambac. The Bank’s analysis at December 31, 2009 of Ambac concluded that the bond insurer could not be relied upon to make whole future credit losses due to projected cash flows were based on a numbercollateral shortfalls of assumptions and expectations, and the results of these models can vary significantly with changes in assumptions and expectations. The scenario of cash flows determined reflected the FHLBNY’s best estimate scenario.impaired securities beyond June 30, 2011.

 

2430


OTTI during year ended December 31, 2009 —The table below summarizes the key characteristics of the impact of securities determined to be OTTI during 2009, including securities determined to be OTTI in the fourth quarter of 2009 (dollars in thousands):
                                             
      At December 31, 2009  Year ended December 31, 2009 
      Insurer MBIA  Insurer Ambac  Uninsured  OTTI  Gross Unrecognized Losses 
Security         Fair      Fair      Fair  Credit  Non-credit  Less than  More than 
Classification Count  UPB  Value  UPB  Value  UPB  Value  Loss  Loss  12 months  12 months 
 
RMBS-Prime*
  1  $  $  $  $  $54,295  $51,715  $(438) $(2,766) $(1,187) $ 
HEL Subprime*
  16   34,425   17,161   198,532   127,470   80,774   53,783   (20,378)  (117,330)     (13,674)
                                  
Total
  17  $34,425  $17,161  $198,532  $127,470  $135,069  $105,498  $(20,816) $(120,096) $(1,187) $(13,674)
                                  
*RMBS-Prime — Private-label MBS supported by prime residential loans; HEL Subprime — MBS supported by home equity loans.
March 31, 2009 —To assess credit-related OTTI, the FHLBNY had employed its screening procedures and identified private-label MBS with weak performance measures. Bonds selected through the screening process were cash flow tested for credit impairment. Based on the management’s determination of expected cash flow shortfall of two securities insured by MBIA concurrently with the determination that MBIA’s claim paying ability would not be sufficient in future periods, management concluded that two securities had become OTTI.
The table below summarizes the key characteristics of the 15securities that were deemed OTTI securities at September 30,in the first quarter of 2009 (dollars in thousands):
                                                                
 September 30, 2009  At March 31, 2009 Quarter ended March 31, 2009 
 Insurer MBIA Insurer Ambac Uninsured OTTI Gross OTTI Losses  Insurer MBIA OTTI 
Security Fair Fair Fair Credit Non-credit Less than More than  Amortized Fair Credit Non-credit 
Classification Count UPB Value UPB Value UPB Value Loss Loss 12 months 12 months  Count Cost Basis Value Loss Loss 
  
RMBS-Prime*
 1 $ $ $ $ $56,867 $54,687 $(438) $(2,766) $(3,204) $ 
HEL Subprime*
 14 35,616 20,653 181,995 117,651 62,461 38,392  (13,838)  (101,118)   (114,956) 2 $37,011 $21,808 $(5,265) $(9,938)
                       
Total
 15 $35,616 $20,653 $181,995 $117,651 $119,328 $93,079 $(14,276) $(103,884) $(3,204) $(114,956)
                       
   
* RMBS-Prime — Private-label MBS supported by prime residential loans; HEL Subprime — MBS supported by home equity loans.
The table below summarizestwo credit impaired securities were insured by MBIA. The Bank’s analysis of MBIA had then concluded that the key characteristicsbond insurer could not be relied upon to make whole future credit losses due to projected collateral shortfalls of the impaired securities beyond May 31, 2018.
The following table provides rollforward information of the credit component of OTTI recognized as a charge to earnings related to held-to-maturity securities for which a significant portion of the OTTI (non-credit component) was recognized in AOCI (in thousands):
         
  Quarter ended March 31 
  2010  2009 
Beginning balance
 $20,816  $ 
         
Additions to the credit component for OTTI loss not previously recognized      
Additional credit losses for which an OTTI charge was previously recognized  3,400   5,265 
Increases in cash flows expected to be collected, recognized over the remaining life of the securities      
       
         
Ending balance
 $24,216  $5,265 
       

31


With respect to the Bank’s remaining investments, the Bank believes no OTTI exists. The Bank’s conclusion is based upon multiple factors: bond issuer MBIA’s continued satisfaction its obligations under the contractual terms of the securities; the estimated performance of the underlying collateral; the evaluation of the fundamentals of the issuers’ financial condition; and the estimated support from the monoline insurers under the contractual terms of insurance. Management has not made a decision to sell such securities at March 31, 2010. Management has also concluded that it is “more likely than not” that it will not be required to sell such securities before recovery of the amortized cost basis of the securities. Based on factors outlined above, the FHLBNY believes that the remaining securities classified as held-to-maturity were deemed OTTInot other-than-temporarily impaired as of March 31, 2010.
However, without recovery in the third quarternear term such that liquidity returns to the mortgage-backed securities market and spreads return to levels that reflect underlying credit characteristics, or if the credit losses of 2009 (dollarsthe underlying collateral within the mortgage-backed securities perform worse than expected, or if the presumption of the ability of bond insurer MBIA to support certain insured securities is further negatively impacted by the insurer’s future financial performance, additional OTTI may be recognized in thousands):future periods.
                                             
      Q3 2009 activity 
      Insurer MBIA  Insurer Ambac  Uninsured  OTTI  Gross OTTI Losses 
Security         Fair      Fair      Fair  Credit  Non-credit  Less than  More than 
Classification Count  UPB  Value  UPB  Value  UPB  Value  Loss  Loss  12 months  12 months 
                                             
RMBS-Prime*
    $  $  $  $  $  $  $  $  $  $ 
HEL Subprime*
  10   13,304   7,680   121,435   79,700   62,460   38,392   (3,683)  (26,486)     (30,169)
                                  
Total
  10  $13,304  $7,680  $121,435  $79,700  $62,460  $38,392  $(3,683) $(26,486)    $(30,169)
                                  
Key Base Assumptions — March 31, 2010
*RMBS-Prime — Private-label MBS supported by prime residential loans; HEL Subprime — MBS supported by home equity loans.
The table below summarizes the weighted average and range of Key Base Assumptions at September 30, 2009 for all 15 securities that were deemeddetermined to be OTTI throughin the third quarter of 2009 (dollars in thousands):2010 first quarter:
                             
      Key Base Assumption - OTTI Securities 
      CDR  CPR  Loss Severity % 
  Count  Average  Range  Average  Range  Average  Range 
                             
Prime-RMBS*
  1   22.2   22.2   2.0   2.0   40.0   40.0 
HEL-Subprime*
  14   7.3   14.62-2   6.9   15.03-3.21   90.0   110-70.5 
                            
Total
  15                         
                            
                         
  Key Base Assumption — OTTI Securities 
  CDR  CPR  Loss Severity % 
Security Classification Range  Average  Range  Average  Range  Average 
                         
RMBS-Prime*
                  
HEL Subprime*
  6.06-7.80   6.7   2.00-7.54   4.8   72.6-100.0   91.5 
   
* RMBS-Prime — Private-label MBS supported by prime residential loans;
 
* HEL Subprime — MBS supported by home equity loans.
Conditional Prepayment Rate(CPR)Rate (CPR): 1-((1-SMM^12) where, SMM is defined as the “Single Monthly Mortality (SMM)” = (Voluntary partial and full prepayments + repurchases + Liquidated Balances)/Beginning Principal Balance — Scheduled Principal). Voluntary prepayment excludes the liquidated balances mentioned above.
Conditional Default Rate (CDR): 1-((1-MDR)^12) where, MDR is defined as the “Monthly Default Rate (MDR)” = (Beginning Principal Balance of Liquidated Loans)/(Total Beginning Principal Balance).
Loss Severity*Severity(Principal and interest in the current period) = Sum (Total Realized Loss Amount)/Sum (Beginning Principal and interest Balance of Liquidated Loans).
*
If the present value of cash flows expected to be collected (discounted at the security’s effective yield) is less than the amortized cost basis of the security, an other-than-temporary impairment is considered to have occurred because the entire amortized cost basis of the security will not be recovered. The Bank considers whether or not it will recover the entire amortized cost of the security by comparing the present value of the cash flows expected to be collected from the security (discounted at the security’s effective yield) with the amortized cost basis of the security.

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Adverse case scenario — March 31, 2010
The FHLBNY evaluated its credit impaired private-label MBS under a base case (or best estimate) scenario, and also performed a cash flow analysis for each of those securities under a more adverse external assumption that forecasted a larger home price decline and a slower rate of housing price recovery. The stress test scenario and associated results do not represent the Bank’s current expectations and therefore should not be construed as a prediction of the Bank’s future results, market conditions or the actual performance of these securities.
The results of the adverse case scenario are presented below alongside the FHLBNY’s expected outcome for the credit impaired securities (the base case) (dollars in thousands):
                                 
  March 31, 2010 
  Actual Results — Base Case HPI Scenario  Pro-forma Results — Adverse HPI Scenario 
              OTTI related              OTTI related 
  # of      OTTI related  to non-credit  # of      OTTI related  to non-credit 
  Securities  UPB  to credit loss  loss  Securities  UPB  to credit loss  loss 
RMBS Prime    $  $  $     $  $  $ 
Alt-A                        
HEL Subprime  5   67,114   3,400   473   5   67,114   5,028    
                         
                                 
Total
  5  $67,114  $3,400  $473   5  $67,114  $5,028  $ 
                         
                                 
  For the year ended December 31, 2009 
  Actual Results — Base Case HPI Scenario  Pro-forma Results — Adverse HPI Scenario 
              OTTI related              OTTI related 
  # of      OTTI related  to non-credit  # of      OTTI related  to non-credit 
  Securities  UPB  to credit loss  loss  Securities  UPB  to credit loss  loss 
RMBS Prime  1  $54,295  $438  $2,461   3  $117,571  $699  $4,595 
Alt-A                        
HEL Subprime  16   313,731   20,378   108,109   16   313,731   23,163   105,324 
                         
                                 
Total
  17  $368,026  $20,816  $110,570   19  $431,302  $23,862  $109,919 
                         
Third-party Bond Insurer (Monoline insurer support)
The FHLBNY has identified certain MBS that have been determined to be collected (discounted at the security’s effective yield) is less than the amortized cost basis of the security, an other-than-temporary impairment is considered to have occurred because the entire amortized cost basis of the security will not be recovered. The Bank considers whether or not it will recover the entire amortized cost of the security by comparing the present value of the cash flows expected to be collected from the security (discounted at the security’s effective yield) with the amortized cost basis of the security.
Monoline support — Thirteen insured securities have been identified as credit impaired despite credit protection from Ambac and MBIA to meet scheduled payments in the future. Cash flows on certain insured securities are currently experiencing cash flow shortfalls. As of March 31, 2010, the monolines that provide insurance for the Bank’s securities are going concerns and were honoring claims with their existing capital resources. Up until March 31, 2010, both Ambac and MBIA, are currentlythe two primary bond insurers for the FHLBNY, have been paying claims in order to meet any current cash flow deficiency within the structure of the insured securities. OfOn March 24, 2010, Ambac, with the thirteen insured securities determinedconsent of the Commissioner of Insurance for the State of Wisconsin (the “Commissioner”), entered into a temporary injunction to be OTTI, eleven are insured by Ambac Assurance Corp (“Ambac”)suspend payments to bond holders and two byto create a segregated account for bond holders. MBIA Insurance Corp (“MBIA”). Two OTTI securities, a triple-A and a double-B rated security, are uninsured.is continuing to meet claims.

25


Monoline Analysis and Methodology—The two monoline insurers have been subject to adverse ratings, rating downgrades, and weakening financial performance measures. RatingA rating downgrade implies an increased risk that the insurer will fail to fulfill its obligations to reimburse the investor for claims under the insurance policies. Monoline insurers are segmented into two categories of claims paying ability — (1) Adequate, and (2) At Risk. These categories represent an assessment of an insurer’s ability to perform as a financial guarantor.

33


Adequate.Monolines determined to possess “adequate” claims paying ability are expected to provide full protection on their insured private-label mortgage-backed securities. Accordingly, bonds insured by monolines with adequate ability to cover written insurance are run with full financial guarantee set to “on” in the cashflow model.
At Risk.For monolines with at risk coverage, further analysis is performed to establish an expected case regarding the time horizon of the monoline’s ability to fulfill its financial obligations and provide credit support. Accordingly, bonds insured by monolines in the at risk category are run with a partial financial guarantee in the cashflow model. This partial claim paying condition is expressed in the cashflow model by specifying a “guarantee ignore” date. The ignore date is based on the “burnout period” calculation method.
Burnout Period.The projected time horizon of credit protection provided by an insurer is a function of claimclaims paying resources and anticipated claims in the future. This assumption is referred to as the “burnout period” and is expressed in months, and is computed by dividing each (a) insurers’ total claims paying resources by the (b) “burnout rate” projection. This variable uses monthly or aggregate dollar amount of claims each insurer has paid most recently, and additional qualitative information pertinent to the financial guarantor.
Based on the methodology, the Bank has classified FSA (name changed in 2009 to Assured Guaranty Municipal Corp.) as adequate, and MBIA and Ambac as “at risk”. The Bank analyzed the going-concern basis of Ambac and MBIA and their financial strength to perform with respect to their contractual obligations for the securities owned by the FHLBNY;FHLBNY. As of March 31, 2010, the monolines are currentlywere performing under the terms of their contractual agreements with respect to the FHLBNY’s insured bonds. See discussions above about Ambac. However, estimation of an insurer’s financial strength to remain viable over a long time horizon requires significant judgment and assumptions. Predicting when the insurers may no longer have the ability to perform under their contractual agreements, then comparing the timing and amounts of cash flow shortfalls of securities that are credit impaired to when insurer protection may not be available, and determining credit impairment is judgmental.requires significant judgment.

26


The monoline analysis methodology resulted in the following “Protection time horizon” dates for Ambac and MBIA:MBIA at March 31, 2010 and December 31, 2009:
         
  Protection time horizon calculation 
  Ambac  MBIA 
         
Burnout period (months)  83   31 
Coverage ignore date  7/31/2016   3/31/2012 
Number of OTTI securities  11   2 
With respect to the Bank’s remaining investments, the Bank believes no OTTI exists. The Bank’s conclusion is based upon multiple factors: bond issuers’ continued satisfaction of their obligations under the contractual terms of the securities; the estimated performance of the underlying collateral; the evaluation of the fundamentals of the issuers’ financial condition; and the estimated support from the monoline insurers under the contractual terms of insurance. Management has not made a decision to sell such securities at September 30, 2009. Management has also concluded that it is more likely than not that it will not be required to sell such securities before recovery of the amortized cost basis of the securities. Based on factors outlined above, the FHLBNY believes that the remaining securities classified as held-to-maturity were not other-than-temporarily impaired as of September 30, 2009.
However, without recovery in the near term such that liquidity returns to the mortgage-backed securities market and spreads return to levels that reflect underlying credit characteristics, or if the credit losses of the underlying collateral within the mortgage-backed securities perform worse than expected, or if the presumption of the ability of monoline insurers to support the insured securities identified at September 30, 2009 as dependent on insurance is negatively impacted by the insurers’ future financial performance, additional OTTI may be recognized in future periods.
The following table provides rollforward information of the credit component of OTTI recognized as a charge to earnings related to held-to-maturity securities for which a significant portion of the OTTI (non-credit component) was recognized in Accumulated other comprehensive income (loss) (in thousands):
                 
  Three months ended  Nine months ended 
  September 30,  September 30,  September 30,  September 30, 
  2009  2008  2009  2008 
Beginning balance
 $10,593  $  $  $ 
                 
Additions to the credit component for OTTI loss not previously recognized  1,459      14,276    
Additional credit losses for which an OTTI charge was previously recognized  2,224          
Increases in cash flows expected to be collected, recognized over the remaining life of the securities            
             
                 
Ending balance
 $14,276  $  $14,276  $ 
             
         
  Burnout Period 
  Ambac  MBIA 
March 31, 2010
        
Burnout period (months)     15 
Coverage ignore date  3/31/2010   6/30/2011 
 
December 31, 2009
        
Burnout period (months)  18   18 
Coverage ignore date  6/30/2011   6/30/2011 
 
March 31, 2009
        
Burnout period (months)  116   50 
Coverage ignore date  11/30/2018   5/31/2018 

 

27


Major Security Types
Amortized cost basis, as defined under the recently issued guidance on recognition and presentation of other-than-temporary impairment, includes adjustments made to the cost of an investment for accretion, amortization, collection of cash, and fair value hedge accounting adjustments. If a held-to-maturity security is determined to be OTTI, the amortized cost basis of the security is adjusted for previous OTTI recognized in earnings. Amortized cost basis of a held-to-maturity OTTI security is further adjusted for impairment related to all other factors (also referred to as the non-credit component of OTTI) recognized in Accumulated other comprehensive income (loss), and the adjusted amortized cost basis is the carrying value of the OTTI security reported in the Statements of Condition. Carrying value of a held-to-maturity security that is not OTTI is its amortized cost basis.
The amortized cost basis, the gross unrealized gains and losses, the fair values of held-to-maturity securities, and OTTI recognized in Accumulated other comprehensive income were as follows (in thousands):
                         
  September 30, 2009 
  Amortized          Gross  Gross    
  Cost  OTTI  Carrying  Unrecognized  Unrecognized  Fair 
Issued, guaranteed or insured Basis  in OCI  Value  Holding Gains  Holding Losses  Value 
Pools of Mortgages
                        
Fannie Mae $1,194,202  $  $1,194,202  $47,563  $  $1,241,765 
Freddie Mac  354,212      354,212   15,657      369,869 
                   
Total pools of mortgages  1,548,414      1,548,414   63,220      1,611,634 
                   
                         
Collateralized Mortgage Obligations/Real Estate Mortgage Investment Conduits
                        
Fannie Mae  2,370,747      2,370,747   70,184   (4,176)  2,436,755 
Freddie Mac  4,384,624      4,384,624   132,871   (7,914)  4,509,581 
Ginnie Mae  187,470      187,470   148   (1,432)  186,186 
                   
Total CMOs/REMICs  6,942,841      6,942,841   203,203   (13,522)  7,132,522 
                   
                         
Ginnie Mae-CMBS
  49,706      49,706   263      49,969 
                         
Non-GSE MBS
                        
CMOs/REMICs  485,419   (2,545)  482,874   2,533   (10,732)  474,675 
Commercial mortgage-backed securities                  
                   
Total non-federal-agency MBS  485,419   (2,545)  482,874   2,533   (10,732)  474,675 
                   
                         
Asset-Backed Securities
                        
Manufactured housing (insured)  208,544      208,544      (46,536)  162,008 
Home equity loans (insured)  324,833   (74,915)  249,918   8,515   (34,559)  223,874 
Home equity loans (uninsured)  227,546   (23,003)  204,543      (44,662)  159,881 
                   
Total asset-backed securities  760,923   (97,918)  663,005   8,515   (125,757)  545,763 
                   
Total mortgage-backed securities $9,787,303  $(100,463) $9,686,840  $277,734  $(150,011) $9,814,563 
                   
                         
Other
                        
State and local housing finance agency obligations  791,187      791,187   5,325   (14,527)  781,985 
Certificates of deposit  2,000,000      2,000,000   3      2,000,003 
                   
Total other $2,791,187  $  $2,791,187  $5,328  $(14,527) $2,781,988 
                   

28


                 
  December 31, 2008 
  Amortized  Gross  Gross    
  Cost  Unrealized  Unrealized  Fair 
Issued, guaranteed or insured Basis  Holding Gains  Holding Losses  Value 
Pools of Mortgages
                
Fannie Mae $1,400,058  $26,789  $  $1,426,847 
Freddie Mac  422,088   7,860      429,948 
             
Total pools of mortgages  1,822,146   34,649      1,856,795 
             
                 
Collateralized Mortgage Obligations/Real Estate Mortgage Investment Conduits
                
Fannie Mae  2,032,051   51,138   (125)  2,083,064 
Freddie Mac  3,722,840   101,595   (30)  3,824,405 
Ginnie Mae  6,325      (187)  6,138 
             
Total CMOs/REMICs  5,761,216   152,733   (342)  5,913,607 
             
                 
Ginnie Mae-CMBS
            
                 
Non-GSE MBS
                
CMOs/REMICs  609,907      (42,706)  567,201 
Commercial mortgage-backed securities  266,994   149   (127)  267,016 
             
Total non-federal-agency MBS  876,901   149   (42,833)  834,217 
             
                 
Asset-Backed Securities
                
Manufactured housing (insured)  229,714      (75,418)  154,296 
Home equity loans (insured)  376,587      (144,957)  231,630 
Home equity loans (uninsured)  259,879      (79,112)  180,767 
             
Total asset-backed securities  866,180      (299,487)  566,693 
             
Total mortgage-backed securities $9,326,443  $187,531  $(342,662) $9,171,312 
             
                 
Other
                
State and local housing finance agency obligations  804,100   6,573   (47,512)  763,161 
Certificates of deposit  1,203,000   328      1,203,328 
             
Total other $2,007,100  $6,901  $(47,512) $1,996,489 
             

29


Unrealized Losses
The following tables summarize held-to-maturity securities with fair values below their amortized cost basis. The fair values and gross unrealized holding losses are aggregated by major security type and by the length of time individual securities have been in a continuous unrealized loss position. (in thousands):
                         
  September 30, 2009 
  Less than 12 months  12 months or more  Total 
  Estimated  Unrealized  Estimated  Unrealized  Estimated  Unrealized 
  Fair Value  Losses  Fair Value  Losses  Fair Value  Losses 
Non-MBS Investment Securities
                        
State and local housing agency obligations $254,366  $(14,527) $  $  $254,366  $(14,527)
                   
Total Non-MBS
  254,366   (14,527)        254,366   (14,527)
                   
                         
MBS Investment Securities
                        
MBS — Other US Obligations
                        
Ginnie Mae  136,455   (1,415)  2,789   (17)  139,244   (1,432)
MBS-GSE
                        
Fannie Mae  771,784   (4,171)  2,869   (5)  774,653   (4,176)
Freddie Mac  1,384,438   (7,914)        1,384,438   (7,914)
                   
Total MBS-GSE
  2,156,222   (12,085)  2,869   (5)  2,159,091   (12,090)
                   
MBS-Private-Label
  54,687   (367)  932,366   (225,892)  987,053   (226,259)
                   
Total MBS
  2,347,364   (13,867)  938,024   (225,914)  3,285,388   (239,781)
                   
Total
 $2,601,730  $(28,394) $938,024  $(225,914) $3,539,754  $(254,308)
                   
                         
  December 31, 2008 
  Less than 12 months  12 months or more  Total 
  Estimated  Unrealized  Estimated  Unrealized  Estimated  Unrealized 
  Fair Value  Losses  Fair Value  Losses  Fair Value  Losses 
Non-MBS Investment Securities
                        
State and local housing agency obligations $78,261  $(16,065) $84,108  $(31,447) $162,369  $(47,512)
                   
Total Non-MBS
  78,261   (16,065)  84,108   (31,447)  162,369   (47,512)
                   
                         
MBS Investment Securities
                        
MBS — Other US Obligations
                        
Ginnie Mae  6,137   (187)        6,137   (187)
MBS-GSE
                        
Fannie Mae  3,452   (125)        3,452   (125)
Freddie Mac  1,102   (30)  32      1,134   (30)
                   
Total MBS-GSE
  4,554   (155)  32      4,586   (155)
                   
MBS-Private-Label
  509,273   (115,061)  718,321   (227,259)  1,227,594   (342,320)
                   
Total MBS
  519,964   (115,403)  718,353   (227,259)  1,238,317   (342,662)
                   
Total
 $598,225  $(131,468) $802,461  $(258,706) $1,400,686  $(390,174)
                   

3034


Note 5. Available-for-sale securities
Major Security types— The unamortized cost, gross unrealized gains, losses, and the fair value of investments classified as available-for-sale were as follows (in thousands):
                         
  March 31, 2010 
  Amortized          Gross  Gross    
  Cost  OTTI  Carrying  Unrealized  Unrealized  Fair 
  Basis  in OCI  Value  Gains  Losses  Value 
                         
Cash equivalents $1,329  $  $1,329  $  $  $1,329 
Equity funds  8,979      8,979   72   (1,215)  7,836 
Fixed income funds  3,486      3,486   242      3,728 
Mortgage-backed securities                        
CMO-Floating  2,629,499      2,629,499   14,985   (2,563)  2,641,921 
                   
Total
 $2,643,293  $  $2,643,293  $15,299  $(3,778) $2,654,814 
                   
                         
  December 31, 2009 
  Amortized          Gross  Gross    
  Cost  OTTI  Carrying  Unrealized  Unrealized  Fair 
  Basis  in OCI  Value  Gains  Losses  Value 
                         
Cash equivalents $1,230  $  $1,230  $  $  $1,230 
Equity funds  8,995      8,995   57   (1,561)  7,491 
Fixed income funds  3,672      3,672   196      3,868 
Mortgage-backed securities                        
CMO-Floating  2,242,665      2,242,665   6,937   (9,038)  2,240,564 
                   
Total
 $2,256,562  $  $2,256,562  $7,190  $(10,599) $2,253,153 
                   
There were no AFS mortgage-backed securities supported by commercial loans at March 31, 2010 and December 31, 2009.

35


Unrealized Losses — MBS securities classified as available-for-sale securities (in thousands):
                         
  March 31, 2010 
  Less than 12 months  12 months or more  Total 
  Estimated  Unrealized  Estimated  Unrealized  Estimated  Unrealized 
  Fair Value  Losses  Fair Value  Losses  Fair Value  Losses 
MBS Investment Securities
                        
MBS-GSE
                        
Fannie Mae $269,287  $(354) $362,038  $(1,242) $631,325  $(1,596)
Freddie Mac  84,441   (121)  225,183   (846)  309,624   (967)
                   
Total MBS-GSE
  353,728   (475)  587,221   (2,088)  940,949   (2,563)
                   
Total Temporarily Impaired
 $353,728  $(475) $587,221  $(2,088) $940,949  $(2,563)
                   
                         
  December 31, 2009 
  Less than 12 months  12 months or more  Total 
  Estimated  Unrealized  Estimated  Unrealized  Estimated  Unrealized 
  Fair Value  Losses  Fair Value  Losses  Fair Value  Losses 
MBS Investment Securities
                        
MBS-GSE
                        
Fannie Mae $  $  $1,006,860  $(6,394) $1,006,860  $(6,394)
Freddie Mac        662,237   (2,644)  662,237   (2,644)
                   
Total MBS-GSE
        1,669,097   (9,038)  1,669,097   (9,038)
                   
Total Temporarily Impaired
 $  $  $1,669,097  $(9,038) $1,669,097  $(9,038)
                   
Amortized cost of available-for-sale securities includes adjustments made to the cost basis of an investment for accretion, amortization, collection of cash, previous OTTI recognized in earnings and/or fair value hedge accounting adjustments. There were no AFS securities determined to be OTTI at March 31, 2010 and December 31, 2009. No AFS securities were hedged at March 31, 2010 and December 31, 2009. Amortization of discounts recorded to income were $1.4 million and $1.1 million for the quarters ended March 31, 2010 and March 31, 2009.
Management of the FHLBNY has concluded that gross unrealized losses at March 31, 2010 and December 31, 2009, as summarized in the table above, were caused by interest rate changes, credit spreads widening and reduced liquidity in the applicable markets. The FHLBNY has reviewed the investment security holdings and determined, based on creditworthiness of the securities and including any underlying collateral and/or insurance provisions of the security, that unrealized losses in the analysis above represent temporary impairment.
Impairment analysis on Available-for-sale securities— The Bank’s portfolio of mortgage-backed securities classified as available-for-sale (“AFS”) is comprised entirely of securities issued by GSEs collateralized mortgage obligations which are “pass through” securities. The FHLBNY evaluates its individual securities issued by Fannie Mae and Freddie Mac by considering the creditworthiness and performance of the debt securities and the strength of the government-sponsored enterprises’ guarantees of the securities. Based on the Bank’s analysis, GSE securities are performing in accordance with their contractual agreements. The Housing Act contains provisions allowing the U.S. Treasury to provide support to Fannie Mae and Freddie Mac. The U.S. Treasury and the Finance Agency placed Fannie Mae and Freddie Mac into conservatorship in an attempt to stabilize their financial conditions and their ability to support the secondary mortgage market. The FHLBNY believes that it will recover its investments in GSE issued securities given the current levels of collateral, credit enhancements, and guarantees that exist to protect the investments. Management has not made a decision to sell such securities at September 30, 2009.March 31, 2010 or subsequently. Management also concluded that it is more“more likely than notnot” that it will not be required to sell such securities before recovery of the amortized cost basis of the security. The FHLBNY believes that these securities were not other-than-temporarily impaired as of September 30, 2009March 31, 2010 and December 31, 2008.2009. The Bank established certain grantor trusts to fund current and future payments under certain supplemental pension plans and these are classified as available-for-sale. The grantor trusts invest in money market, equity and fixed-income and bond funds. Investments in equity and fixed-income funds are redeemable at short notice, and realized gains and losses from investments in the funds were not significant. No available-for-sale-securities had been pledged at September 30, 2009March 31, 2010 and December 31, 2008.
The amortized cost basis, gross unrealized gains, losses, and the fair value of investments classified as available-for-sale were as follows (in thousands):
                 
  September 30, 2009 
  Amortized  Gross  Gross    
  Cost  Unrealized  Unrealized  Fair 
  Basis  Gains  Losses  Value 
                 
Cash equivalents $1,272  $  $  $1,272 
Equity funds  9,445   43   (1,984)  7,504 
Fixed income funds  3,253   255      3,508 
Mortgage-backed securities  2,364,707   4,329   (18,728)  2,350,308 
             
Total
 $2,378,677  $4,627  $(20,712) $2,362,592 
             
                 
  December 31, 2008 
  Amortized  Gross  Gross    
  Cost  Unrealized  Unrealized  Fair 
  Basis  Gains  Losses  Value 
                 
Cash equivalents $836  $  $  $836 
Equity funds  8,978      (3,516)  5,462 
Fixed income funds  3,833   66   (10)  3,889 
Mortgage-backed securities  2,912,642   364   (61,324)  2,851,682 
             
Total
 $2,926,289  $430  $(64,850) $2,861,869 
             
There were no AFS mortgage-backed securities supported by commercial loans at September 30, 2009 and December 31, 2008.2009.

 

31


Unrealized Losses — Available-for-sale securities(in thousands):
                         
  September 30, 2009 
  Less than 12 months  12 months or more  Total 
  Estimated  Unrealized  Estimated  Unrealized  Estimated  Unrealized 
  Fair Value  Losses  Fair Value  Losses  Fair Value  Losses 
Mortgage-backed securities
                        
MBS-GSE
                        
Fannie Mae $144,044  $(327) $1,059,185  $(12,230) $1,203,229  $(12,557)
Freddie Mac        689,462   (6,171)  689,462   (6,171)
                   
Total MBS-GSE
  144,044   (327)  1,748,647   (18,401)  1,892,691   (18,728)
                   
Total Temporarily Impaired
 $144,044  $(327) $1,748,647  $(18,401) $1,892,691  $(18,728)
                   
                         
  December 31, 2008 
  Less than 12 months  12 months or more  Total 
  Estimated  Unrealized  Estimated  Unrealized  Estimated  Unrealized 
  Fair Value  Losses  Fair Value  Losses  Fair Value  Losses 
Mortgage-backed securities
                        
MBS-GSE
                        
Fannie Mae $1,662,928  $(35,047) $142,630  $(3,539) $1,805,558  $(38,586)
Freddie Mac  957,617   (21,744)  39,077   (994)  996,694   (22,738)
                   
Total MBS-GSE
  2,620,545   (56,791)  181,707   (4,533)  2,802,252   (61,324)
                   
Total Temporarily Impaired
 $2,620,545  $(56,791) $181,707  $(4,533) $2,802,252  $(61,324)
                   
Notes: Does not include unrealized losses of $2.0 million and $3.5 million at September 30, 2009 and December 31, 2008 in several grantor trusts comprising of money market and mutual funds.
Amortized cost of available-for-sale securities includes adjustments made to the cost basis of an investment for accretion, amortization, collection of cash, previous OTTI recognized in earnings and/or fair value hedge accounting adjustments. There were no AFS securities determined to be OTTI at September 30, 2009. No securities were hedged at September 30, 2009.
Gross unrealized losses at September 30, 2009 and December 31, 2008 were caused by interest rate changes, credit spread widening and reduced liquidity in the applicable markets. The FHLBNY has reviewed the investment security holdings and determined, based on creditworthiness of the securities and including any underlying collateral and/or insurance provisions of the security, that unrealized losses in the analysis above represent temporary impairment.

3236


Note 6. Advances
Redemption terms
Contractual redemption terms and yields of advances were as follows (dollars in thousands):
                                                
 September 30, 2009 December 31, 2008  March 31, 2010 December 31, 2009 
 Weighted2 Weighted2    Weighted2 Weighted2   
 Average Percentage Average Percentage  Average Percentage Average Percentage 
 Amount Yield of Total Amount Yield of Total  Amount Yield of Total Amount Yield of Total 
 
Overdrawn demand deposit accounts $  %  % $  %  % $  %  % $2,022  1.20%  %
Due in one year or less 20,222,153 1.98 22.08 32,420,095 2.52 31.36  23,308,924 2.25 27.39 24,128,022 2.07 26.59 
Due after one year through two years 15,572,319 3.00 17.00 16,150,121 3.71 15.62  9,671,408 2.72 11.37 10,819,349 2.73 11.92 
Due after two years through three years 8,933,691 2.99 9.75 7,634,680 3.76 7.39  8,848,401 3.01 10.40 10,069,555 2.91 11.10 
Due after three years through four years 6,604,702 3.20 7.21 6,852,514 3.74 6.63  6,287,687 3.21 7.39 5,804,448 3.32 6.40 
Due after four years through five years 3,565,489 3.38 3.89 3,210,575 3.88 3.11  2,985,545 2.86 3.51 3,364,706 3.19 3.71 
Due after five years through six years 1,787,448 3.77 1.95 836,689 3.74 0.81  4,777,762 4.07 5.61 2,807,329 3.91 3.09 
Thereafter 34,916,207 3.80 38.12 36,275,053 3.96 35.08  29,215,449 3.85 34.33 33,742,269 3.78 37.19 
                          
  
Total par value 91,602,009  3.12%  100.00% 103,379,727  3.44%  100.00% 85,095,176  3.13%  100.00% 90,737,700  3.06%  100.00%
                  
  
Discount on AHP advances1
  (275)  (330)   (244)  (260) 
Hedging adjustments1
 4,342,998 5,773,479 
Hedging adjustments 3,763,821 3,611,311 
          
  
Total
 $95,944,732 $109,152,876  $88,858,753 $94,348,751 
          
   
1 Discounts on AHP advances were amortized to interest income using the level-yield method and were not significant for all periods reported. Interest rates on AHP advances ranged from 1.25% to 4.00% at September 30, 2009March 31, 2010 and 1.25% to 6.04% at December 31, 2008.2009
 
2 The weighed average yield is the weighted average coupon rates for advances, unadjusted for swaps. For floating-rate advances, the weighted average rate is the rate outstanding at the reporting dates.
Impact of putable advances on advance maturities
The following summarizesBank offers putable advances by yearto members. With a putable advance, the Bank effectively purchases a put option from the member that allows the Bank to terminate the fixed-rate advance, which is normally exercised when interest rates have increased from those prevailing at the time the advance was made. When the Bank exercises the put option, it will offer to extend additional credit to members at the then prevailing market rates and terms. Typically, the Bank will hedge putable advances with cancellable interest rate swaps with matching terms and will sell the exercise option that will allow swap counterparties to terminate the swaps at the same predetermined exercise dates as the advances. As of maturity or next call date (dollars in thousands):
                 
  September 30, 2009  December 31, 2008 
      Percentage of      Percentage of 
  Amount  Total  Amount  Total 
 
Overdrawn demand deposit accounts $   % $   %
Due or putable in one year or less  53,090,265   57.96   63,251,007   61.18 
Due or putable after one year through two years  18,689,569   20.40   18,975,821   18.36 
Due or putable after two years through three years  8,427,941   9.20   10,867,530   10.51 
Due or putable after three years through four years  5,838,402   6.37   5,293,364   5.12 
Due or putable after four years through five years  3,085,989   3.37   2,728,075   2.64 
Due or putable after five years through six years  156,448   0.17   230,189   0.22 
Thereafter  2,313,395   2.53   2,033,741   1.97 
             
                 
Total par value  91,602,009   100.00%  103,379,727   100.00%
               
                 
Discount on AHP advances  (275)      (330)    
Hedging adjustments  4,342,998       5,773,479     
               
                 
Total
 $95,944,732      $109,152,876     
               
March 31, 2010 and December 31, 2009 the Bank had putable advances outstanding totaling $38.6 billion and $41.4 billion, representing 45.4% and 45.6% of par amounts of advances outstanding at those dates.

 

3337


The table below offers a view of the advance portfolio with the possibility of the exercise of the put option that is controlled by the FHLBNY, and put dates are summarized into similar maturity tenors as the previous table that summarizes advances by contractual maturities (dollars in thousands):
                 
  March 31, 2010  December 31, 2009 
      Percentage of      Percentage of 
  Amount  Total  Amount  Total 
                 
Overdrawn demand deposit accounts $   % $2,022   %
Due or putable in one year or less  54,692,686   64.27   56,978,134   62.79 
Due or putable after one year through two years  11,552,958   13.58   14,082,199   15.52 
Due or putable after two years through three years  8,047,401   9.46   8,991,805   9.91 
Due or putable after three years through four years  5,739,037   6.74   5,374,048   5.92 
Due or putable after four years through five years  2,433,295   2.86   2,826,206   3.12 
Due or putable after five years through six years  380,762   0.45   158,329   0.18 
Thereafter  2,249,037   2.64   2,324,957   2.56 
             
                 
Total par value  85,095,176   100.00%  90,737,700   100.00%
               
                 
Discount on AHP advances  (244)      (260)    
Hedging adjustments  3,763,821       3,611,311     
               
                 
Total
 $88,858,753      $94,348,751     
               
                 
Note 7. Mortgage loans held-for-portfolio
Mortgage Partnership Finance program (“MPF”) constitutesloans, or (MPF) constitute the majority of the mortgage loans held-for-portfolio. The MPF program involves investment by the FHLBNY in mortgage loans that are purchased from or originated through its participating financial institutions (“PFIs”). The members retain servicing rights and may credit-enhance the portion of the loans participated to the FHLBNY. No intermediary trust is involved. Mortgage loans that are considered to have been originated by the FHLBNY were $29.1 million and $30.5 million at March 31, 2010 and December 31, 2009. Mortgage loans also included loans in the Community Mortgage Asset program (“CMA”), which has been inactive since 2001. In the CMA program, FHLBNY participated in residential, multi-family and community economic development mortgage loans originated by its members. Outstanding balances of CMA loans were $3.9 million at March 31, 2010 and December 31, 2009.

38


The following table presents information on mortgage loans held-for-portfolio (dollars in thousands):
                                
 September 30, 2009 December 31, 2008  March 31, 2010 December 31, 2009 
 Percentage of Percentage of  Percentage of Percentage of 
 Amount Total Amount Total  Amount Total Amount Total 
Real Estate:
  
Fixed medium-term single-family mortgages $406,055  30.38% $467,845  32.15% $370,316  28.72% $388,072  29.43%
Fixed long-term single-family mortgages 926,537 69.32 983,493 67.58  915,447 70.98 926,856 70.27 
Multi-family mortgages 3,934 0.30 4,009 0.27  3,881 0.30 3,908 0.30 
                  
 
Total par value 1,336,526  100.00% 1,455,347  100.00% 1,289,644  100.00% 1,318,836  100.00%
          
 
Unamortized premiums 9,257 10,662  8,853 9,095 
Unamortized discounts  (5,641)  (6,310)   (5,209)  (5,425) 
Basis adjustment1
  (556)  (408)   (339)  (461) 
          
 
Total mortgage loans held-for-portfolio 1,339,586 1,459,291  1,292,949 1,322,045 
Allowance for credit losses  (3,358)  (1,406)   (5,179)  (4,498) 
          
Total mortgage loans held-for-portfolio after allowance for credit losses
 $1,336,228 $1,457,885  $1,287,770 $1,317,547 
          
   
1 Represents fair value basis of open and closed delivery commitments.
The estimated fair values of the mortgage loans as of March 31, 2010 and December 31, 2009 are reported in Note 17 — Fair Values of financial instruments.
The FHLBNY and its members share the credit risk of MPF loans by structuring potential credit losses into layers (See Note 1 — Significant Accounting Policies and Estimates in Note 1 in the Bank’s most recent Form 10-K filed on March 27, 2009)Estimates). The first layer is typically 100 basis points but varies with the particular MPF program. The amount of the first layer, or First Loss Account (“FLA”)or “FLA”, was estimated as $14.0$13.8 million and $13.8 million$13.9 at September 30, 2009March 31, 2010 and December 31, 2008.2009. The FLA is not recorded or reported as a reserve for loan losses as it serves as a memorandum or information account. The FHLBNY is responsible for absorbing the first layer. The second layer is that amount of credit obligationobligations that the Participating Financial Institution (“PFI”) has taken on which will equate the loan to a double-A rating. The FHLBNY pays a Credit Enhancement fee to the PFI for taking on this obligation. The FHLBNY assumes all residual risk. Credit Enhancement fees accrued were $0.4 million for the third quarters ofquarterly periods ended March 31, 2010 and 2009, and 2008, and $1.2 million and $1.3 million for the nine months ended September 30, 2009 and 2008. The fees were reported as a reduction to mortgage loan interest income. The amount of charge-offs in each period reported was insignificant and it was not necessary for the FHLBNY to recoup any losses from the PFIs.

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The following provides rollforwardroll-forward analysis of the allowance for credit losses (in thousands):
                 
  Three months ended September 30,  Nine months ended September 30, 
  2009  2008  2009  2008 
                 
Beginning balance
 $2,760  $879  $1,406  $633 
Charge-offs     (4)  (14)  (4)
Provision for credit losses on mortgage loans  598   (31)  1,966   215 
             
                 
Ending balance
 $3,358  $844  $3,358  $844 
             
The First Loss Account (“FLA”) memorializes the first tier of credit exposure and is neither an indication of inherent losses in the loan portfolio nor a loan loss reserve.
         
  Three months ended March 31, 
  2010  2009 
 
Beginning balance
 $4,498  $1,405 
 
Charge-offs  (33)   
Recoveries  5    
Provision for credit losses on mortgage loans  709   443 
       
 
Ending balance
 $5,179  $1,848 
       
As of September 30, 2009March 31, 2010 and December 31, 2008,2009, the FHLBNY had $13.0$20.7 million and $4.8$16.0 million of non-accrual loans. The estimated fair value of the mortgage loans as of September 30, 2009 and December 31, 2008 are reported in Note 16 — Fair Values of Financial Instruments. Mortgage loans are considered impaired when, based on current information and events, it is probable that the FHLBNY will be unable to collect all principal and interest amounts due according to the contractual terms of the mortgage loan agreements. As of March 31, 2010 and December 31, 2009, the FHLBNY had no investment in impaired mortgage loans, other than the non-accrual loans.

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The following table summarizes mortgage loans held-for-portfolio, all Veterans Administrations insured loans, past due 90 days or more and still accruing interest (in thousands):
         
  September 30, 2009  December 31, 2008 
         
Secured by 1-4 family $698  $507 
       
         
  March 31, 2010  December 31, 2009 
         
Secured by 1-4 family
 $470  $570 
       
Note 8. Deposits
The FHLBNY accepts demand, overnight and term deposits from its members, qualifying non-members and U.S. government instrumentalities. A member that services mortgage loans may deposit in the FHLBNY funds collected in connection with the mortgage loans, pending disbursement of such funds to the owners of the mortgage loans.
The following table summarizes term deposits (in thousands):
         
  March 31, 2010  December 31, 2009 
         
Due in one year or less $28,000  $7,200 
       
         
Total term deposits
 $28,000  $7,200 
       
Note 9. Borrowings
Securities sold under agreements to repurchase
The FHLBNY did not have any securities sold under agreement to repurchase as of March 31, 2010 and December 31, 2009. Terms, amounts and outstanding balances of borrowings from other Federal Home Loan Banks are described under Note 19 — Related party transactions.
Note 10. Consolidated obligations
Consolidated obligations are the joint and several obligations of the FHLBanks and consist of bonds and discount notes. The FHLBanks issue consolidated obligations through the Office of Finance as their fiscal agent. Consolidated bonds are issued primarily to raise intermediate- and long-term funds for the FHLBanks and are not subject to any statutory or regulatory limits on maturity. Consolidated discount notes are issued primarily to raise short-term funds. Discount notes sell at less than their face amount and are redeemed at par value when they mature.
The Finance Agency, at its discretion, may require any FHLBank to make principal or interest payments due on any consolidated obligations. Although it has never occurred, to the extent that an FHLBank would make a payment on a consolidated obligation on behalf of another FHLBank, the paying FHLBank would be entitled to reimbursement from the non-complying FHLBank. However, if the Finance Agency determines that the non-complying FHLBank is unable to satisfy its obligations, then the Finance Agency may allocate the outstanding liability among the remaining FHLBanks on a pro rata basis in proportion to each FHLBank’s participation in all consolidated obligations outstanding, or on any other basis the Finance Agency may determine.

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Based on management’s review, the FHLBNY has no reason to record actual or contingent liabilities with respect to the occurrence of events or circumstances that would require the FHLBNY to assume an obligation on behalf of other FHLBanks. The par amounts of the FHLBanks’ outstanding consolidated obligations, including consolidated obligations held by otherthe FHLBanks, were approximately $1.0 trillion and $1.3$0.9 trillion as of September 30, 2009March 31, 2010 and December 31, 2008.2009.
Finance Agency regulations require the FHLBanks to maintain, in the aggregate, unpledged qualifying assets equal to the consolidated obligations outstanding. Qualifying assets are defined as cash; secured advances; assets with an assessment or rating at least equivalent to the current assessment or rating of the consolidated obligations; obligations, participations, mortgages, or other securities of or issued by the United States or an agency of the United States; and securities in which fiduciary and trust funds may invest under the laws of the state in which the FHLBank is located.

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The FHLBNY met the qualifying unpledged asset requirements inat each of the period ends in this reportreporting dates as follows:
         
  September 30, 2009  December 31, 2008 
         
Percentage of unpledged qualifying assets to consolidated obligations  109%  107%
       
         
  March 31, 2010  December 31, 2009 
         
Percentage of unpledged qualifying assets to consolidated obligations
  116%  109%
       
General Terms
ConsolidatedFHLBank consolidated obligations are issued with either fixed- or variable-rate coupon payment terms that use a variety of indices for interest rate resets. These indices include the London Interbank Offered Rate (“LIBOR”), Constant Maturity Treasury (“CMT”), 11th District Cost of Funds Index (“COFI”), and others. In addition, to meet the expected specific needs of certain investors in consolidated obligations, both fixed- and variable-rate bonds may also contain certain features that may result in complex coupon payment terms and call options. When such consolidated obligations are issued, the FHLBNY may enter into derivatives containing offsetting features that effectively convert the terms of the bond to those of a simple variable- or fixed-rate bond.
These consolidatedConsolidated obligations, beyond having fixed-rate or simple variable-rate coupon payment terms, may also include Optional Principal Redemption Bonds (callable bonds) that the FHLBNY may redeem in whole or in part at its discretion on predetermined call dates, according to the terms of the bond offerings.
With respect to interest payment terms, consolidated bonds may also have step-up, or step-down terms. Step-up bonds generally pay interest at increasing fixed rates for specified intervals over the life of the bond. Step-down bonds pay interest at decreasing fixed rates. These bonds generally contain provisions enabling the FHLBNY to call the bonds at its option on predetermined exercise dates at par.

 

3641


The following summarizes consolidated obligations issued by the FHLBNY and outstanding at September 30, 2009March 31, 2010 and December 31, 20082009 (in thousands):
                
 September 30, 2009 December 31, 2008  March 31, 2010 December 31, 2009 
 
Consolidated obligation bonds-amortized cost $68,849,386 $80,978,383  $71,779,834 $73,436,939 
Fair value basis adjustments 817,374 1,254,523  619,530 572,537 
Fair value basis on terminated hedges 3,108 7,857  3,226 2,761 
Fair value option valuation adjustments and accrued interest 968 15,942  5,613  (4,259)
          
  
Total Consolidated obligation-bonds
 $69,670,836 $82,256,705  $72,408,203 $74,007,978 
          
  
Discount notes-amortized cost $38,385,244 $46,329,545  $19,815,956 $30,827,639 
   
Fair value basis adjustments  361    
          
  
Total Consolidated obligation-discount notes
 $38,385,244 $46,329,906  $19,815,956 $30,827,639 
          
Redemption Terms of consolidated obligation bonds
The following is a summary of consolidated bonds outstanding by year of maturity (dollars in thousands):
                                                
 September 30, 2009 December 31, 2008  March 31, 2010 December 31, 2009 
 Weighted Weighted    Weighted Weighted   
 Average Percentage Average Percentage  Average Percentage Average Percentage 
Maturity Amount Rate1 of total Amount Rate1 of total  Amount Rate1 of total Amount Rate1 of total 
  
One year or less $35,806,100  1.36%  52.06% $49,568,550  1.93%  61.23% $36,813,050  1.28%  51.34% $40,896,550  1.34%  55.75%
Over one year through two years 19,296,100 2.00 28.06 16,192,550 3.20 20.00  16,390,200 1.42 22.86 15,912,200 1.69 21.69 
Over two years through three years 5,434,495 2.59 7.90 5,299,700 3.73 6.55  8,771,575 2.12 12.23 7,518,575 2.28 10.25 
Over three years through four years 2,956,730 4.05 4.30 2,469,575 4.75 3.05  4,409,550 3.36 6.15 3,961,250 3.49 5.40 
Over four years through five years 1,943,800 4.13 2.82 3,352,450 3.99 4.14  2,441,000 4.00 3.40 2,130,300 4.27 2.90 
Over five years through six years 1,224,850 4.94 1.78 989,300 5.06 1.22  608,350 4.91 0.85 644,350 5.15 0.88 
Thereafter 2,110,200 5.30 3.08 3,082,050 5.35 3.81  2,269,700 5.07 3.17 2,294,700 5.06 3.13 
                          
  
Total par value 68,772,275  2.01%  100.00% 80,954,175  2.64%  100.00% 71,703,425  1.79%  100.00% 73,357,925  1.87%  100.00%
                  
  
Bond premiums 112,091 63,737  108,123 112,866 
Bond discounts  (34,980)  (39,529)   (31,714)  (33,852) 
Fair value basis adjustments 817,374 1,254,523  619,530 572,537 
Fair value basis adjustments on terminated hedges 3,108 7,857  3,226 2,761 
Fair value option valuation adjustments and accrued interest 968 15,942  5,613  (4,259) 
          
  
Total bonds
 $69,670,836 $82,256,705  $72,408,203 $74,007,978 
          
   
1 Weighted average rate represents the weighted average coupons of bonds, unadjusted for swaps. The weighted average coupon of bonds outstanding at September 30, 2009March 31, 2010 and December 31, 2008,2009 represent contractual coupons payable to investors.
Amortization of bond premiums and discounts resulted in net reduction of interest expense of $7.2 million and $5.7 million, for the 2010 first quarter and the same period in 2009. Amortization of basis adjustments from terminated hedges were $1.6 million and $1.8 million, and were recorded as an expense for the 2010 first quarter and the same period in 2009
Debt extinguished
No debt was retired during the 2010 first quarter and the same period in 2009.

 

3742


Transfers of consolidated bonds to other FHLBanks
The Bank may transfer certain bonds at negotiated market rates to other FHLBanks to meet the FHLBNY’s asset and liability management objectives. There were no transfers in the 2010 first quarter or the same period in 2009. For more information, also, see Note 19 — Related party transactions.
Impact of callable bonds on consolidated bond maturities
The Bank issues callable bonds to investors. With a callable bond, the Bank effectively purchases an option from the investor that allows the Bank to terminate the consolidated obligation bond at pre-determined option exercise dates, which is normally exercised when interest rates have decreased from those prevailing at the time the bonds were issued. Typically, the Bank will hedge callable bonds with cancellable interest rate swaps with matching terms and will sell the exercise option that will allow swap counterparties to terminate the swaps at the same predetermined exercise dates as the bonds. As of March 31, 2010 and December 31, 2009, the Bank had callable bonds totaling $12.8 billion and $11.7 billion, representing 17.9% and 15.9% of par amounts of consolidated bonds outstanding at those dates.
The following summarizes bonds outstanding by year of maturity or next call date (dollars in thousands):
                                
 September 30, 2009 December 31, 2008  March 31, 2010 December 31, 2009 
 Percentage of Percentage of  Percentage of Percentage of 
 Amount total Amount total  Amount total Amount total 
Year of Maturity or next call date
  
Due or callable in one year or less $41,328,100  60.09% $53,034,550  65.51% $46,928,850  65.45% $50,481,350  68.82%
Due or callable after one year through two years 16,921,400 24.61 15,472,350 19.11  11,914,200 16.62 11,352,200 15.48 
Due or callable after two years through three years 3,389,495 4.93 4,843,700 5.98  5,041,575 7.03 4,073,575 5.55 
Due or callable after three years through four years 2,696,730 3.92 1,445,575 1.79  3,709,550 5.17 3,606,250 4.91 
Due or callable after four years through five years 1,326,800 1.93 2,954,450 3.65  1,596,500 2.23 1,325,800 1.81 
Due or callable after five years through six years 1,114,850 1.62 684,800 0.85  523,050 0.73 529,050 0.72 
Thereafter 1,994,900 2.90 2,518,750 3.11  1,989,700 2.77 1,989,700 2.71 
                  
  
Total par value 68,772,275  100.00% 80,954,175  100.00% 71,703,425  100.00% 73,357,925  100.00%
          
 
Bond premiums 112,091 63,737  108,123 112,866 
Bond discounts  (34,980)  (39,529)   (31,714)  (33,852) 
Fair value basis adjustments 817,374 1,254,523  619,530 572,537 
Fair value basis adjustments on terminated hedges 3,108 7,857  3,226 2,761 
Fair value option valuation adjustments and accrued interest 968 15,942  5,613  (4,259) 
          
  
Total bonds
 $69,670,836 $82,256,705  $72,408,203 $74,007,978 
          

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Discount notes
Consolidated discount notes are issued to raise short-term funds. Discount notes are consolidated obligations with original maturities up to one year. These notes are issued at less than their face amount and redeemed at par when they mature.
The FHLBNY’s outstanding consolidated discount notes were as follows (dollars in thousands):
                
 September 30, 2009 December 31, 2008  March 31, 2010 December 31, 2009 
 
Par value $38,406,688 $46,431,347  $19,821,867 $30,838,104 
          
  
Amortized cost $38,385,244 $46,329,545  $19,815,956 $30,827,639 
Fair value basis adjustments  361    
          
  
Total $38,385,244 $46,329,906  $19,815,956 $30,827,639 
          
  
Weighted average interest rate  0.26%  1.00%  0.15%  0.15%
          
Note 9. Deposits
The FHLBNY accepts demand, overnight and term deposits from its members. A member that services mortgage loans may deposit in the FHLBNY funds collected in connection with the mortgage loans, pending disbursement of such funds to the owners of the mortgage loans.
The following table summarizes term deposits (in thousands):
         
  September 30, 2009  December 31, 2008 
 
Due in one year or less $15,600  $117,400 
       
         
Total term deposits
 $15,600  $117,400 
       

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Note 10. Affordable Housing Program and REFCORP
The FHLBank Act requires each FHLBank to establish an AHP. Each FHLBank provides subsidies in the form of direct grants and below-market interest rate advances to members who use the funds to assist the purchase, construction, or rehabilitation of housing for very low-, low-, and moderate-income households. Annually, the FHLBanks must set aside for the AHP the greater of $100 million or 10% of regulatory income. The FHLBNY charges the amount set aside for AHP to income and recognizes it as a liability. The FHLBNY relieves the AHP liability as members use the subsidies. If the result of the aggregate 10% calculation described above is less than $100 million for all twelve FHLBanks, then the FHLBank Act requires the shortfall to be allocated among the FHLBanks based on the ratio of each FHLBank’s income before AHP and REFCORP to the sum of the income before AHP and REFCORP of the twelve FHLBanks. There was no shortfall during the current or prior period quarters.
Regulatory income is income before assessments, and before interest expense related to mandatorily redeemable capital stock under the accounting guidance for certain financial instruments with characteristics of both liabilities and equity, but after the assessment for REFCORP. The exclusion of interest expense related to mandatorily redeemable capital stock is a regulatory interpretation. The AHP and REFCORP assessments are calculated simultaneously because of their interdependence on each other. Each FHLBank accrues this expense monthly based on its income before assessments. An FHLBank reduces its AHP liability as members use subsidies.
The following provides rollforward information with respect to changes in Affordable Housing Program liabilities (in thousands):
                 
  Three months ended September 30,  Nine months ended September 30, 
  2009  2008  2009  2008 
                 
Beginning balance
 $140,037  $124,170  $122,449  $119,052 
Additions from current period’s assessments  15,780   4,638   53,363   24,764 
Net disbursements for grants and programs  (10,995)  (6,433)  (30,990)  (21,441)
             
                 
Ending balance
 $144,822  $122,375  $144,822  $122,375 
             
Each FHLBank is required to pay to REFCORP 20 percent of income calculated in accordance with GAAP after the assessment for AHP, but before the assessment for REFCORP. REFCORP has been designated as the calculation agent for AHP and REFCORP assessments. Each FHLBank provides its net income before AHP and REFCORP to REFCORP, which then performs the calculations for each quarter end.

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Note 11. Capital, Capital Ratios,ratios, and Mandatorily Redeemable redeemable capital stock
Capital Stock
The FHLBanks, including the FHLBNY, have a cooperative structure. To access FHLBNY’s products and services, a financial institution must be approved for membership and purchase capital stock in FHLBNY. The member’s stock requirement is generally based on its use of FHLBNY products, subject to a minimum membership requirement, as prescribed by the FHLBank Act and the FHLBNY Capital Plan. FHLBNY stock can be issued, exchanged, redeemed and repurchased only at its stated par value of $100 per share. It is not publicly traded. An option to redeem capital stock that is greater than a member’s minimum requirement is held by both the member and the FHLBNY.
The FHLBNYUnder the Gramm-Leach-Bliley Act of 1999 (“GLB Act”) and the Finance Agency’s capital regulations, the FHLBNY’s Capital Plan offers two sub-classes of Class B capital stock, Class B1 and Class B2. Class B1 stock is issued to meet membership stock purchase requirements. Class B2 stock is issued to meet activity-based requirements. The FHLBNY requires member institutions to maintain Class B1 stock based on a percentage of the member’s mortgage-related assets and Class B2 stock-based on a percentage of advances and acquired member assets outstanding with the FHLBank and certain commitments outstanding with the FHLBNY.FHLBank. Class B1 and Class B2 sharesstockholders have the same voting rights and dividend rights.rates.
Members can redeem Class A stock by giving six months’ notice, and redeem Class B stock by giving five year’s notice. Only “permanent” capital, defined as retained earnings and Class B stock, satisfies the FHLBank risk-based capital requirement. In addition, the GLB Act specifies a 5.0 percent minimum leverage ratio based on total capital and a 4.0 percent minimum capital ratio that does not include the 1.5 weighting factor applicable to the permanent capital that is used in determining compliance with the 5.0 percent minimum leverage ratio.
Capital Plan under GLB Act
The FHLBNY implemented its current capital plan on December 1, 2005 through the issuance of Class B stock. The conversion was considered a capital exchange and was accounted for at par value. Members’ capital stock held immediately prior to the conversion date was automatically exchanged for an equal amount of Class B Capital Stock, comprised of Membership Stock (referred to as “Subclass B1 Stock”) and Activity-Based Stock (referred to as “Subclass B2 Stock”).

44


Any member that withdraws from membership must wait 5five years from the termination of the charterdivestiture date for all capital stock that is held as a condition of membership unless the institution has cancelled its notice of withdrawal prior to that date and before being readmitted to membership in any FHLBank. Commencing in 2008, the Bank at its discretion may repay a non-member’s membership stock before expirationthe end of the five-year waiting period1.period.
The FHLBNY is subject to risk-based capital rules. Specifically, the FHLBNY is subject to three capital requirements.requirements under its capital plan. First, the FHLBNY must maintain at all times permanent capital in an amount at least equal to the sum of its credit risk, its market risk, and operations risksrisk capital requirements calculated in accordance with the FHLBNY policy, and the rules, and regulations of the Federal Housing Finance Agency (“Finance Agency”).Agency. Only permanent capital, defined as Class B stock and retained earnings, satisfies this risk-based capital requirement. The Finance Agency may require the FHLBNY to maintain a greater amount of permanent capital than is required as defined by the risk-based capital requirements. In addition, the FHLBNY is required to maintain at least a 4%4.0% total capital-to-asset ratio and at least a 5%5.0% leverage ratio at all times. The leverage ratio is defined as the sum of permanent capital weighted 1.5 times plus allowance for loan loss reserves and nonpermanent capital weighted 1.0 times plus allowance for loan loss reservestime divided by total assets. The FHLBNY was in compliance with the aforementioned capital rules and requirements for all periods reported.presented.
1On December 12, 2007 the Finance Board, the predecessor of the Finance Agency, approved amendments to the FHLBNY’s capital plan, which allow the FHLBNY to recalculate the membership stock purchase requirement any time after 30 days subsequent to a merger. The amendments also permit the FHLBNY to use a zero mortgage asset base in performing the calculation, which recognizes the fact that the corporate entity that was once its member no longer exists. As a result of these amendments, the FHLBNY could determine that all of the membership stock formerly held by the member would become
On December 12, 2007 the Finance Board (predecessor to the Finance Agency) approved amendments to the FHLBNY’s ’s capital plan. The amendments allow the FHLBNY to recalculate the membership stock purchase requirement any time after 30 days subsequent to a merger. The amendments also permit the FHLBNY to use a zero mortgage asset base in performing the calculation, which recognizes the fact that the corporate entity that was once its member no longer exists. As a result of these amendments, the FHLBNY could determine that all of the membership stock formerly held by the member becomes excess stock, which would give the FHLBNY the discretion, but not the obligation, to repurchase that stock prior to the expiration of the five-year notice period.

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Capital Ratios
The following table summarizes the Bank’s risk-based capital ratios (dollars in thousands):
                
                 March 31, 2010 December 31, 2009 
 September 30, 2009 December 31, 2008  Required4 Actual Required4 Actual 
 Required4 Actual Required4 Actual  
Regulatory capital requirements:  
Risk-based capital1
 $558,940 $5,936,273 $650,333 $6,111,676  $529,402 $5,604,337 $606,716 $5,874,125 
Total capital-to-asset ratio  4.00%  5.05%  4.00%  4.44%  4.00%  5.23%  4.00%  5.14%
Total capital2
 $4,704,173 $5,939,631 $5,501,596 $6,113,082  $4,289,569 $5,609,517 $4,578,436 $5,878,623 
Leverage ratio  5.00%  7.57%  5.00%  6.67%  5.00%  7.84%  5.00%  7.70%
Leverage capital3
 $5,880,216 $8,907,767 $6,876,995 $9,168,920  $5,361,961 $8,411,685 $5,723,045 $8,815,685 
   
1 Actual “Risk-based capital” is capital stock and retained earnings plus mandatorily redeemable capital stock. Section 932.2 of the Finance Agency’s regulations also refers to this amount as “Permanent Capital.”
 
2 Required “ Total capital” is 4% of total assets. Actual “Total capital” is “Actual Risk-based capital” plus allowance for credit losses. Does not include reserves for the Lehman Brothers receivable which is a specific reserve.
 
3 Actual Leverage capital is “Risk-based capital” times 1.5 plus allowance for loan losses.
 
4 Required minimum.
The Finance Agency has indicated that the accounting treatment for certain shares determined to be mandatorily redeemable will not be included in the definition of total capital for purposes of determining the Bank’s compliance with regulatory capital requirements, calculating mortgage securities investment authority (300 percent of total capital), calculating unsecured credit exposure to other GSEs (100 percent of total capital), or calculating unsecured credit limits to other counterparties (various percentages of total capital depending on the rating of the counterparty).

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Mandatorily Redeemable Capital Stock
Generally, the FHLBNY’s capital stock is redeemable at the option of either the member or the FHLBNY subject to certain conditions, and is subject to the provisions under the accounting guidance for certain financial instruments with characteristics of both liabilities and equity.
The FHLBNY is a cooperative whose member financial institutions own almost all of the FHLBNY’s capital stock. Member shares cannot be purchased or sold except between the Bank and its members at its $100 per share par value. Also, the FHLBNY does not have equity securities that trade in a public market. Future filings with the SEC will not be in anticipation of the sale of equity securities in a public market as the FHLBNY is prohibited by law from doing so, and the FHLBNY is not controlled by an entity that has equity securities traded or contemplated to be traded in a public market. Therefore, the FHLBNY is a nonpublic entity based on the definition given in the accounting guidance for certain financial instruments with characteristics of both liabilities and equity. In addition, although the FHLBNY is a nonpublic entity, the FHLBanks issue consolidated obligations that are traded in the public market. Based on this factor, the FHLBNY complies with the provisions of the accounting guidance for certain financial instruments with characteristics of both liabilities and equity as a nonpublic SEC registrant.

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In accordance with the accounting guidance, for certain financial instruments with characteristics of both liabilities and equity, the FHLBNY reclassifies the stock subject to redemption from equity to a liability once a member: irrevocably exercises a written redemption right; gives notice of intent to withdraw from membership; or attains non-member status by merger or acquisition, charter termination, or involuntary termination from membership. Under such circumstances, the member shares will then meet the definition of a mandatorily redeemable financial instrument and are reclassified to a liability at fair value. Dividends on member shares are accrued and also classified as a liability in the Statements of Condition and an offsetreported as interest expense in the Statements of Income as an interest expense.Income. The repayment of these mandatorily redeemable financial instruments, once settled, is reflected as financing cash outflows in the Statements of Cash Flows. In compliance with this provision, dividends on mandatorily redeemable capital stock in the amounts of $1.8 million and $2.0 million for the three months ended September 30, 2009 and 2008, and $5.5 million and $8.9 million for the nine months ended September 30, 2009 and 2008 were recorded as interest expense.
If a member cancels its notice of voluntary withdrawal, the FHLBNY will reclassify the mandatorily redeemable capital stock from a liability to equity. After the reclassification, dividends on the capital stock will no longer be classified as interest expense.
At September 30, 2009March 31, 2010 and December 31, 2008,2009, mandatorily redeemable capital stock of $127.9$105.2 million and $143.1$126.3 million were held by former members who had attained non-member status by virtue of being acquired by non-members. A small number of members had also become non-members by relocating their charters to outside the FHLBNY’s membership district.

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Anticipated redemptions of mandatorily redeemable capital stock were as follows (in thousands):
                
 September 30, 2009 December 31, 2008  March 31, 2010 December 31, 2009 
 
Redemption less than one year $82,076 $38,328  $81,360 $102,453 
Redemption from one year to less than three years 38,724 83,159  16,762 16,766 
Redemption from three years to less than five years 2,123 14,646  2,114 2,118 
Redemption after five years or greater 4,959 6,988  4,956 4,957 
          
  
Total
 $127,882 $143,121  $105,192 $126,294 
          
Anticipated redemptions assume the Bank will follow its current practice of daily redemption of capital in excess of the amount required to support advances. Commencing January 1, 2008, the Bank may also redeem, at its discretion, non-members’ membership stock.
Note 12. Affordable Housing Program and REFCORP
The FHLBank Act requires each FHLBank to establish an AHP. Each FHLBank provides subsidies in the form of direct grants and below-market interest rate advances to members who use the funds to assist the purchase, construction, or rehabilitation of housing for very low-, low-, and moderate-income households. Annually, the FHLBanks must set aside for the AHP the greater of $100 million or 10 percent of regulatory defined income for the specific purpose of calculating AHP and REFCORP assessments. The FHLBNY charges the amount set aside for AHP to income and recognizes it as a liability. The FHLBNY relieves the AHP liability as members use the subsidies. If the result of the aggregate 10 percent calculation described above is less than $100 million for all twelve FHLBanks, then the FHLBank Act requires the shortfall to be allocated among the FHLBanks based on the ratio of each FHLBank’s income before AHP and REFCORP to the sum of the income before AHP and REFCORP of the twelve FHLBanks. There was no shortfall as of March 31, 2010 or 2009. The FHLBNY had outstanding principal in AHP-related advances of $2.1 million as of March 31, 2010 and December 31, 2009.
Income for the purposes of calculating assessments is GAAP Net income before assessments, and before interest expense related to mandatorily redeemable capital stock, but after the assessment for REFCORP. The exclusion of interest expense related to mandatorily redeemable capital stock is a regulatory interpretation by the Finance Agency. The AHP and REFCORP assessments are calculated simultaneously because of their interdependence on each other. Each FHLBank accrues this expense monthly based on its income before assessments. A FHLBank reduces its AHP liability as members use subsidies.
The following provides roll-forward information with respect to changes in Affordable Housing Program liabilities (in thousands):
         
  Three months ended March 31, 
  2010  2009 
 
Beginning balance
 $144,489  $122,449 
Additions from current period’s assessments  6,126   16,557 
Net disbursements for grants and programs  (4,955)  (10,638)
       
         
Ending balance
 $145,660  $128,368 
       

 

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Note 12.13. Total comprehensive income
Changes inTotal comprehensive income is comprised of Net income and Accumulated other comprehensive income (loss) (“AOCI”), which includes unrealized gains and losses on available-for-sale securities, cash flow hedging activities, employee supplemental retirement plans, and the non-credit portion of OTTI on HTM securities. Changes in AOCI and total comprehensive income were as follows for the three and nine months ended September 30,March 31, 2010 and 2009 and 2008 (in thousands):
                                 
  Three months ended September 30, 2009 
          Accretion of                   
          non-credit portion          Accumulated        
  Available-  Non-credit  of impairment  Cash  Supplemental  Other      Total 
  for-sale  OTTI on HTM  losses on  flow  Retirement  Comprehensive  Net  Comprehensive 
  securities  securities  HTM securities  hedges  Plans  Income (Loss)  Income  Income 
                                 
June 30, 2008 $(29,612) $  $  $(33,698) $(5,087) $(68,397)        
                                 
Net change  (14,713)        1,728      (12,985) $39,790  $26,805 
                         
                                 
September 30, 2008 $(44,325) $  $  $(31,970) $(5,087) $(81,382)        
                           
                                 
June 30, 2009 $(10,129) $(77,398) $239  $(26,402) $(6,550) $(120,240)        
                                 
Net change  (5,956)  (26,486)  3,182   1,898      (27,362) $140,219  $112,857 
                         
                                 
September 30, 2009 $(16,085) $(103,884) $3,421  $(24,504) $(6,550) $(147,602)        
                           
                             
      Non-credit          Accumulated        
  Available-  OTTI on HTM  Cash  Supplemental  Other      Total 
  for-sale  securities,  flow  Retirement  Comprehensive  Net  Comprehensive 
  securities  net of accretion  hedges  Plans  Income (Loss)  Income  Income 
                             
Balance, December 31, 2008 $(64,420) $  $(30,191) $(6,550) $(101,161)        
                             
Net change  30,426   (9,938)  1,879      22,367  $148,139  $170,506 
                      
                             
Balance, March 31, 2009 $(33,994) $(9,938) $(28,312) $(6,550) $(78,794)        
                        
                             
Balance, December 31, 2009 $(3,409) $(110,570) $(22,683) $(7,877) $(144,539)        
                             
Net change  14,930   3,958   2,132      21,020  $53,640  $74,660 
                      
                             
Balance, March 31, 2010 $11,521  $(106,612) $(20,551) $(7,877) $(123,519)        
                        
                                 
  Nine months ended September 30, 2009 
          Accretion of                   
          non-credit portion          Accumulated        
  Available-  Non-credit  of impairment  Cash  Supplemental  Other      Total 
  for-sale  OTTI on HTM  losses on  flow  Retirement  Comprehensive  Net  Comprehensive 
  securities  securities  HTM securities  hedges  Plans  Income (Loss)  Income  Income 
                                 
December 31, 2007 $(373) $  $  $(30,215) $(5,087) $(35,675)        
                                 
Net change  (43,952)        (1,755)     (45,707) $213,996  $168,289 
                         
                                 
September 30, 2008 $(44,325) $  $  $(31,970) $(5,087) $(81,382)        
                           
                                 
December 31, 2008 $(64,420) $  $  $(30,191) $(6,550) $(101,161)        
                                 
Net change  48,335   (103,884)  3,421   5,687      (46,441) $474,786  $428,345 
                         
                                 
September 30, 2009 $(16,085) $(103,884) $3,421  $(24,504) $(6,550) $(147,602)        
                           

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Note 13.14. Earnings per share of capital
The following table sets forth the computation of earnings per share (dollars in thousands except per share amounts):
                        
 Three months ended September 30, Nine months ended September 30,  Three months ended March 31, 
 2009 2008 2009 2008  2010 2009 
 
Net income $140,219 $39,790 $474,786 $213,996  $53,640 $148,139 
              
  
Net income available to stockholders $140,219 $39,790 $474,786 $213,996  $53,640 $148,139 
              
  
Weighted average shares of capital 53,233 52,000 54,505 48,757  50,372 55,976 
Less: Mandatorily redeemable capital stock  (1,280)  (1,538)  (1,351)  (1,742)  (1,084)  (1,430)
              
Average number of shares of capital used to calculate earnings per share 51,953 50,462 53,154 47,015  49,288 54,546 
              
  
Net earnings per share of capital $2.70 $0.79 $8.93 $4.55  $1.09 $2.72 
              
Basic and diluted earnings per share of capital are the same. The FHLBNY has no dilutive potential common shares or other common stock equivalents.

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Note 14.15. Employee retirement plans
The Bank participates in the Pentegra Defined Benefit Plan for Financial Institutions (“DB Plan”). The DB Plan is a tax-qualified multiple-employer defined benefit pension plan that covers all officers and employees of the Bank. For accounting purposes, the DB Plan is a multi-employer plan and does not segregate its assets, liabilities, or costs by participating employer. The Bank also participates in the Pentegra Defined Contribution Plan for Financial Institutions, a tax-qualified defined contribution plan. The Bank’s contributions are a matching contribution equal to a percentage of voluntary employee contributions, subject to certain limitations.
In addition, the Bank maintains a Benefit Equalization Plan (“BEP”) that restores defined benefits and contribution benefits to those employees who have had their qualified defined benefit and defined contribution benefits limited by IRS regulations. The contribution component of the BEP is a supplemental defined contribution plan. The plan’s liability consists of the accumulated compensation deferrals and accrued interest on the deferrals. The BEP is an unfunded plan. The Bank has established several grantor trusts to meet future benefit obligations and current payments to beneficiaries in supplemental pension plans. The Bank also offers a Retiree Medical Benefit Plan, which is a postretirement health benefit plan. There are no funded plan assets that have been designated to provide postretirement health benefits. The Board of Directors of the FHLBNY approved certain amendments to the Retiree Medical Benefit Plan effective as of January 1, 2008. The amendments did not have a material impact on reported results of operations or financial condition of the Bank.
EffectiveOn January 1, 2009, the Bank offersoffered a Nonqualified Deferred Compensation Plan to certain officer employees and to the members of the Board of Directors of the Bank. Participants in the plan maywould elect to defer all or a portion of their compensation earned. The deferment period is generallyearned for a minimum period of five years. Amounts recorded as a liabilityThis benefit plan and other nonqualified supplemental pension plans were de minimis at September 30,terminated effective November 10, 2009. Plan terminations had no material effect on the Bank’s financial results, financial position or cash flows for all reported periods.

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Retirement Plan Expenses — Summary
The following table presents employee retirement plan expenses for the periods ended (in thousands):
                        
 Three months ended September 30, Nine months ended September 30,  Three months ended March 31, 
 2009 2008 2009 2008  2010 2009 
 
Defined Benefit Plan $1,441 $1,556 $4,324 $4,545  $1,312 $1,441 
Benefit Equalization Plan (defined benefit) 515 469 1,544 1,408  570 515 
Defined Contribution Plan and BEP Thrift 582 162 1,366 650  235 242 
Postretirement Health Benefit Plan 251 250 753 749  281 251 
              
  
Total retirement plan expenses
 $2,789 $2,437 $7,987 $7,352  $2,398 $2,449 
              

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Benefit Equalization Plan (“BEP”)(BEP)
The plan’s liability consisted of the accumulated compensation deferrals and accrued interest on the deferrals. There were no plan assets that have been designated for the BEP plan.
Components of the net periodic pension cost for the defined benefit component of the BEP, an unfunded plan, were as follows (in thousands):
                        
 Three months ended September 30, Nine months ended September 30,  Three months ended March 31, 
 2009 2008 2009 2008  2010 2009 
Service cost $153 $154 $458 $460  $163 $153 
Interest cost 263 235 789 708  279 263 
Amortization of unrecognized prior service cost  (36)  (35)  (108)  (107)  (17)  (36)
Amortization of unrecognized net loss 135 115 405 347  145 135 
              
  
Net periodic benefit cost
 $515 $469 $1,544 $1,408  $570 $515 
              
Key assumptions and other information for the actuarial calculations to determine benefit obligations for the Bank’sFHLBNY’s BEP plan were as follows (dollars in thousands):
                
 September 30, 2009 December 31, 2008  March 31, 2010 December 31, 2009 
  
Discount rate *  6.14%  6.14%  5.87%  5.87%
Salary increases  5.50%  5.50%  5.50%  5.50%
Amortization period (years) 8 8  8 8 
Benefits paid during the periods $(544) $(392)
Benefits paid during the year $(739)** $(537)
   
* The discount rate was based on the Citigroup Pension Liability Index at December 31, 20082009 and adjusted for durations.duration.
**Forecast for the year.
The total amounts of benefits paid and expected to be paid under this plan are not expected to be materially different from amount disclosed in the Bank’s Form 10-K filed on March 27, 2009.

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Postretirement Health Benefit Plan
The BankFHLBNY has a postretirement health benefit plan for retirees.retirees called the Retiree Medical Benefit Plan. Employees over the age of 55 are eligible provided they have completed ten years of service after age 45.
Components of the net periodic benefit cost for the postretirement health benefit plan were (in thousands):
                        
 Three months ended September 30, Nine months ended September 30,  Three months ended March 31, 
 2009 2008 2009 2008  2010 2009 
  
Service cost (benefits attributed to service during the period) $139 $129 $417 $385  $157 $139 
Interest cost on accumulated postretirement health benefit obligation 217 225 651 680  229 217 
Amortization of loss 78 78 234 232  78 78 
Amortization of prior service cost/(credit)  (183)  (182)  (549)  (548)  (183)  (183)
              
  
Net periodic postretirement health benefit cost
 $251 $250 $753 $749  $281 $251 
              

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Key assumptions and other information to determine obligation for the Bank’sFHLBNY’s postretirement health benefit plan were as follows:
            
 September 30, 2009 December 31, 2008  March 31, 2010 December 31, 2009
 
Weighted average discount rate at the end of the year*  6.14%  6.14%
Weighted average discount rate at the end of the year 5.87% 5.87%
     
Health care cost trend rates:     
Assumed for next year  7.00%  7.00% 10.00% 10.00%
Ultimate rate  5.00%  5.00%
Year that ultimate rate is reached 2011 2011 
Pre 65 Ultimate rate 5.00% 5.00%
Pre 65 Year that ultimate rate is reached 2016 2016
Post 65 Ultimate rate 6.00% 6.00%
Post 65 Year that ultimate rate is reached 2016 2016
Alternative amortization methods used to amortize         
Prior service cost Straight - line Straight - line  Straight - line Straight - line
Unrecognized net (gain) or loss Straight - line Straight - line  Straight - line Straight - line
*The discount rate was based on the Citigroup Pension Liability Index at December 31, 2008 and adjusted for durations.
The total amounts of benefits paiddiscount rate was based on the Citigroup Pension Liability Index at December 31, 2009 and expected to be paid under this plan are not expected to be materially different from amount disclosed in the Bank’s Form 10-K filed on March 27, 2009.adjusted for duration.
Note 15.16. Derivatives and hedging activities
General— The FHLBNY may enter into interest-rate swaps, swaptions, and interest-rate cap and floor agreements to manage its exposure to changes in interest rates. The FHLBNY may also use cancellablecallable swaps to potentially adjust the effective maturity, repricing frequency, or option characteristics of financial instruments to achieve risk management objectives. The FHLBNY uses derivatives in three ways: by designating them as a fair value or cash flow hedge of an underlying financial instrument or a forecasted transaction;transaction that qualifies for hedge accounting treatment; by acting as an intermediary; or by designating the derivative as an asset-liability management hedge (i.e., an “economic hedge”). For example, the FHLBNY uses derivatives in its overall interest-rate risk management to adjust the interest-rate sensitivity of consolidated obligations to approximate more closely the interest-rate sensitivity of assets (both advances and investments), and/or to adjust the interest-rate sensitivity of advances, investments or mortgage loans to approximate more closely the interest-rate sensitivity of liabilities. In addition to using derivatives to manage mismatches of interest rates between assets and liabilities, the FHLBNY also uses derivatives: to manage embedded options in assets and liabilities; to hedge the market value of existing assets and liabilities and anticipated transactions; to hedge the duration risk of prepayable instruments; and to reduce funding costs where possible.

46


In an economic hedge, a derivative hedges specific or non-specific underlying assets, liabilities or firm commitments, but the hedge does not qualify for hedge accounting under the accounting standards for derivatives and hedging; it is, however, an acceptable hedging strategy under the FHLBNY’s risk management program. These strategies also comply with the Finance Agency’s regulatory requirements prohibiting speculative use of derivatives. An economic hedge introduces the potential for earnings variability due to the changes in fair value recorded on the derivatives that are not offset by corresponding changes in the value of the economically hedged assets, liabilities, or firm commitments. The FHLBNY will execute an interest rate swap to match the terms of aan asset or liability that is elected under the fair value option (“FVO”) in accordance withFair Value Option and the accounting standards on the fair value option for financial assets and liabilities. The swap is designatedalso considered as an economic hedge to mitigate the volatility of the FVO designated asset or liability due to change in the full fair value of the designated asset or liability. In the third quarter of 2008 and periodically thereafter, the FHLBNY elected the FVO for certain consolidated obligation bonds and executed interest rate swaps to offset the fair value changes of the bonds. At September 30, 2009 and December 31, 2008, par amounts of debt designated under the FVO were $2.4 billion and $983.0 million.

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The FHLBNY, consistent with Finance Agency’s regulations, enters into derivatives to manage the market risk exposures inherent in otherwise unhedged assets and funding positions. The FHLBNY utilizes derivatives in the most cost efficient manner and may enter into derivatives as economic hedges that do not qualify for hedge accounting under the accounting standards for derivatives and hedging. As a result, when entering into such non-qualified hedges, the FHLBNY recognizes only the change in fair value of these derivatives in Other income (loss) as a Net realized and unrealized gain (loss) on derivatives and hedging activities with no offsetting fair value adjustments for the hedged asset, liability, or firm commitment.
Derivatives and hedgingHedging activities
Consolidated Obligations— The FHLBNY manages the risk arising from changing market prices and volatility of a consolidated obligation by matching the cash inflows on the derivative with the cash outflowsoutflow on the consolidated obligation. While consolidated obligations are the joint and several obligations of the FHLBanks, one or more FHLBanks may individually serve as counterparties to derivative agreements associated with specific debt issues. For instance, in a typical transaction, fixed-rate consolidated obligations are issued for one or more FHLBanks, and each of those FHLBanks could simultaneously enter into an interest rate swap contracta matching derivative in which the counterparty pays to the FHLBank fixed cash flows designed to mirror in timing and amount the cash outflows the FHLBank pays on the consolidated obligations. Such transactions are treated as fair value hedges under the accounting standards for derivatives and hedging. The FHLBNY has elected the Fair Value Option (“FVO”) for certain consolidated obligation bonds and these were measured under the accounting standards for fair value measurements. To mitigate the volatility resulting from changes in fair values of bonds designated under the FVO, the Bank has also executed interest rate swaps.
The FHLBNY had issued variable-rate consolidated obligations bonds indexed to 1 month-LIBOR, the U.S. Prime rate, or Federal funds rate and simultaneously execute interest-rate swaps (“basis swaps”) to hedge the basis risk of the variable rate debt to 3-month LIBOR, the FHLBNY’s preferred funding base. The interest rate basis swaps were accounted as economic hedges of the floating-rate bonds because the FHLBNY deemed that the operational cost of designating the hedges under accounting standards for derivatives and hedge accounting would outweigh the accounting benefits.
The issuance of the FHLBconsolidated obligation fixed-rate bonds to investors and the execution of interest rate swaps typically resultresults in cash flow pattern in which the FHLBNY has effectively converted the bonds’ cash flows to variable cash flows that closely match the interest payments it receives on short-term or variable-rate advances. From time-to-time, this intermediation between the capital and swap markets has permitted the FHLBNY to raise funds at a lower cost than would otherwise be available through the issuance of simple fixed- or floating-rate consolidated obligations in the capital markets. The FHLBNY does not issue consolidated obligations denominated in currencies other than U.S. dollars.

47


The FHLBNY has also issued variable-rate consolidated obligations bonds indexed to 1- month LIBOR, the U.S. Prime rate, or federal funds rate and has simultaneously executed interest-rate swaps to hedge the basis risk of the variable rate debt to 3-month LIBOR, the Bank’s preferred funding base. The interest rate swaps were accounted as economic hedges of the floating-rate bonds.
In the third quarter of 2008 and thereafter, the FHLBNY had elected the fair value option in accordance with the accounting standards on the fair value option for financial assets and liabilities for certain consolidated obligation bonds and these were measured under the provisions of the accounting standards on fair value measurements and disclosures as of September 30, 2009 and December 31, 2008.
AdvancesWith a putable advance (also referred to as convertible) borrowed by a member, the FHLBNY may purchase from the member a put option that enables the FHLBNY to effectively convert an advance from fixed-rate to floating-rate if interest rates increase, or to terminateby exercising the put option and terminating the advance and extend additional creditat par on new terms.the pre-determined put exercise dates. Typically, the FHLBNY will exercise the option in a rising interest rate environment. The FHLBNY may hedge a convertibleputable advance by entering into a cancelable derivative whereinterest rate swap in which the FHLBNY pays fixedto the swap counterparty fixed-rate cash flows and receives variable.variable-rate cash flows. This type of hedge is treated as a fair value hedge under the accounting standards for derivatives and hedging. The swap counterparty can cancel the derivativeswap on the put date, which would normally occur in a rising rate environment, and the FHLBNY can terminate the advance and extend additional credit to the member on new terms.

52


The optionality embedded in certain financial instruments held by the FHLBNY can create interest rateinterest-rate risk. When a member prepays an advance, the FHLBNY could suffer lower future income if the principal portion of the prepaid advance were reinvested in lower-yielding assets that would continue to be funded by higher-cost debt. To protect against this risk, the FHLBNY generally charges a prepayment fee that makes it financially indifferent to a borrower’s decision to prepay an advance. When the Bank offers advances (other than short-term) that members may prepay without a prepayment fee, it usually finances such advances with callable debt. The Bank has not elected the FVO for any advances.
Mortgage Loans— The FHLBNY invests in mortgage assets. The prepayment options embedded in mortgage assets can result in extensions or reductions in the expected maturities of these investments, depending on changes in estimated prepayment speeds. Finance Agency regulations limit this source of interest-rate risk by restricting the types of mortgage assets the Bank may own to those with limited average life changes under certain interest-rate shock scenarios and by establishing limitations on duration of equity and changes in market value of equity. The FHLBNY may manage against prepayment and duration risk by funding some mortgage assets with consolidated obligations that have call features. In addition, the FHLBNY may use derivatives to manage the prepayment and duration variability of mortgage assets. Net income could be reduced if the FHLBNY replaces the mortgages with lower yielding assets and if the Bank’s higher funding costs are not reduced concomitantly.
The FHLBNY manages the interest rate and prepayment risks associated with mortgages through debt issuance. The FHLBNY issues both callable and non-callable debt to achieve cash flow patterns and liability durations similar to those expected on the mortgage loans. The FHLBNY analyzes the duration, convexity and earnings risk of the mortgage portfolio on a regular basis under various rate scenarios. The Bank has not elected the FVO for any mortgage loans.
Firm Commitment Strategies— Mortgage delivery commitments are considered derivatives under the accounting standards for derivatives and hedging, and the FHLBNY accounts for them as freestanding derivatives, and records the fair values of mortgage loan delivery commitments on the balance sheet with an offset to current period earnings. Fair values of the mortgage delivery commitments were de minimis for all periods reported.

48


The FHLBNY may also hedge a firm commitment for a forward starting advance through the use of an interest-rate swap. In this case, the swap will function as the hedging instrument for both the firm commitment and the subsequent advance. The basis movement associated with the firm commitment will be added to the basis of the advance at the time the commitment is terminated and the advance is issued. The basis adjustment will then be naturally amortized into interest income over the life of the advance.
If a hedged firm commitment no longer qualified as a fair value hedge, the hedge would be terminated and net gains and losses would be recognized in current period earnings. There were no material amounts of gains and losses recognized due to disqualification of firm commitment hedges for the period ended March 31, 2010, or in 2009.
Forward Settlements— There were no forward settled securities at September 30, 2009March 31, 2010 and December 31, 20082009 that would settle outside the shortest period of time for the settlement of such securities.
Anticipated Debt Issuance— The FHLBNY enters into interest-rate swaps on the anticipated issuance of debt to “lock in” a spread between the earning asset and the cost of funding. The swap is terminated upon issuance of the debt instrument, and amounts reported in Accumulated other comprehensive income (loss) are reclassified to earnings in the periods in which earnings are affected by the variability of the cash flows of the debt that was issued.

53


Intermediation— To meet the hedging needs of its members, the FHLBNY acts as an intermediary between the members and the other counterparties. This intermediation allows smaller members access to the derivatives market. The derivatives used in intermediary activities do not qualify for hedge accounting treatment under the accounting standards for derivatives and hedging, and are separately marked-to-market through earnings. The net impact of the accounting for these derivatives has a de minimisdoes not significantly affect on the operating results of the FHLBNY.
Derivative agreements in which the FHLBNY is an intermediary may arise when the FHLBNY: (1) enters into offsetting derivatives with members and other counterparties to meet the needs of its members, and (2) enters into derivatives to offset the economic effect of other derivative agreements that are no longer designated as hedges to either advances, investments, or consolidated obligations. The notional principal of interest rate swaps in which the FHLBNY was an intermediary was $330.0 million and $320.0 million as of March 31, 2010 and December 31, 2009; fair values of the swaps sold to members net of the fair values of swaps purchased from derivative counterparties were not material at March 31, 2010 and December 31, 2009. Collateral with respect to derivatives with member institutions includes collateral assigned to the FHLBNY as evidenced by a written security agreement and held by the member institution for the benefit of the FHLBNY.
Economic hedges —At September 30,In the three month ended March 31, 2010 and in 2009 and December 31, 2008,, economic hedges were comprised primarily of: (1) short- and medium-term interest rate swaps that hedged the basis risk (Prime rate, Fed fund rate, and the 1-month LIBOR index) of variable-rate bonds issued by the FHLBNY. These swaps were considered freestanding derivatives.and changes in the fair values of the swaps were recorded through income. The FHLBNY believes the operational cost of designating the basis hedges in a qualifying hedge under the accounting standards for derivatives and hedging would outweigh the benefits of applying hedge accounting. (2) Interest rate caps acquired in the second quarter of 2008 to hedge balance sheet risk, primarily certain capped floating-rate investment securities, were considered freestanding derivatives.derivatives with fair value changes recorded through Other income (loss) as a Net realized and unrealized gain or loss on derivatives and hedging activities. (3) Interest rate swaps hedging interest rate risk within the balance sheet.sheet risk. (4) Interest rate swaps that had been accountedpreviously qualified as hedges under the provisions of the accounting standards for derivatives and hedging, but had been subsequently de-designated from hedge accounting as they were assessed as being not highly effective hedges. (5) Interest rate swaps executed to offset the fair value changes of bonds designated in accordance withunder the accounting standards on the fair value option for financial assets and liabilities. Changes in fair values of all freestanding derivatives are recorded in Other income as a Net realized and unrealized gain (loss) from derivatives and hedging activities. FVO.
The FHLBNY is not a derivatives dealer and does not trade derivatives for short-term profit.
Credit Risk— The FHLBNY is subject to credit risk due to the risk of nonperformance by counterparties to the derivative agreements. The FHLBNY transacts most of its derivatives with large banks and major broker-dealers. Some of these banks and broker-dealers or their affiliates buy, sell, and distribute consolidated obligations. The FHLBNY is also subject to operational risks in the execution and servicing of derivative transactions. The degree of counterparty risk on derivative agreements depends on the extent to which master netting arrangements are included in such contracts to mitigate the risk. The FHLBNY manages counterparty credit risk through credit analysis and collateral requirements and by following the requirements set forth in Finance Agency’s regulations. In determining credit risk, the FHLBNY considers accrued interest receivables and payables, and the legal right to offset assets and liabilities by counterparty.
The contractual or notional amount of derivatives reflects the involvement of the FHLBNY in the various classes of financial instruments, but it does not measure the credit risk exposure of the FHLBNY, and the maximum credit exposure of the FHLBNY is substantially less than the notional amount. The maximum credit risk is the estimated cost of replacing favorable interest-rate swaps, forward agreements, mandatory delivery contracts for mortgage loans, and purchased caps and floors (“derivatives”) if the counterparty defaults and the related collateral, if any, is of insufficient value to the FHLBNY.

 

4954


The FHLBNY uses collateral agreements to mitigate counterparty credit risk in derivatives. When the FHLBNY has more than one derivative transaction outstanding with a counterparty, and a legally enforceable master netting agreement exists with the counterparty, the exposure, less collateral held, represents the appropriate measure of credit risk. Substantially all derivative contracts are subject to master netting agreements or other right of offset arrangements. At March 31, 2010 and December 31, 2009, the Bank’s credit exposure, representing derivatives in a fair value net gain position was approximately $9.2 million and $8.3 million after the recognition of any cash collateral held by the FHLBNY. The credit exposure at March 31, 2010 and December 31, 2009 included $2.4 million and $0.8 million in net interest receivable.
Derivative counterparties are also exposed to credit losses resulting from potential nonperformance risk of FHLBNY with respect to derivative contracts. Exposure to counterparties is measured by derivatives in a fair value loss position from the FHLBNY’s perspective, which from the counterparties’ perspective is a gain. At March 31, 2010 and December 31, 2009, derivatives in a net unrealized loss position, which represented the counterparties’ exposure to the potential non-performance risk of the FHLBNY, were $850.9 million and $746.2 million after deducting cash collateral pledged by the FHLBNY. At the request of the exposed counterparties, the FHLBNY had deposited $2.2 billion with derivative counterparties as cash collateral at March 31, 2010 and December 31, 2009. The FHLBNY is exposed to the risk of derivative counterparties defaulting on the terms of the derivative contracts and failing to return cash deposited with counterparties. If such an event were to occur, the FHLBNY would be forced to replace derivatives by executing similar derivative contracts with other counterparties. To the extent that the FHLBNY receives cash from the replacement trades that is less than the amount of cash deposited with the defaulting counterparty, the FHLBNY’s cash pledged is exposed to credit risk. Derivative counterparties holding the FHLBNY’s cash as pledged collateral were rated Single A and better at March 31, 2010, and based on credit analyses and collateral requirements, the management of the FHLBNY does not anticipate any credit losses on its derivative agreements.
Impact of the bankruptcy of Lehman Brothers
On September 15, 2008, Lehman Brothers Holdings, Inc. (“LBHI”), the parent company of Lehman Brothers Special Financing Inc. (“LBSF”) and a guarantor of LBSF’s obligations filed for protection under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court in the Southern District of New York. LBSF was a counterparty to FHLBNY on multiple derivative transactions under International Swap Dealers Association, Inc. master agreements with a total notional amount of $16.5 billion at the time of termination of the FHLBanks’ derivative transactions with LBSF. The net amount that is due to the Bank after giving effect to obligations that are due LBSF was approximately $65 million, and the Bank has fully reserved the LBSF receivables as the bankruptcy of LBHI and LBSF make the timing and the amount of the recovery uncertain. The loss was reported as a charge to Other income (loss) in the 2008 Statement of Income as a Provision for derivative counterparty credit losses. The FHLBNY filed on September 22, 2009 a proof of claim of $64.5 million as a creditor in connection with the bankruptcy proceedings. It is possible that, in the course of the bankruptcy proceedings, the FHLBNY will recover some amount in a future period. However, because the timing and the amount of such recovery remains uncertain, the FHLBNY has not recorded any estimated recovery in its financial statements. The amount, if any that the Bank actually recovers will ultimately be decided in the course of the bankruptcy proceedings.

55


The following tables represented outstanding notional balances and estimated fair values of the derivatives outstanding at March 31, 2010 and December 31, 2009 (in thousands):
             
  March 31, 2010 
  Notional Amount of  Derivative  Derivative 
  Derivatives  Assets  Liabilities 
Fair value of derivatives instruments
            
Derivatives designated in hedging relationships            
Interest rate swaps-fair value hedges $96,121,663  $845,852  $(4,039,004)
Interest rate swaps-cash flow hedges  150,000   324    
          
             
Total derivatives in hedging relationships $96,271,663  $846,176  $(4,039,004)
          
             
Derivatives not designated as hedging instruments            
Interest rate swaps $28,103,821  $79,088  $(1,597)
Interest rate caps or floors  2,170,000   46,276   (6,122)
Mortgage delivery commitments  3,249   10   (1)
Other*  330,000   1,920   (1,565)
          
             
Total derivatives not designated as hedging instruments $30,607,070  $127,294  $(9,285)
          
             
Total derivatives before netting and collateral adjustments
 $126,878,733  $973,470  $(4,048,289)
          
             
Netting adjustments     $(964,224) $964,224 
Cash collateral and related accrued interest         2,233,154 
           
 
Total collateral and netting adjustments     $(964,224) $3,197,378 
           
             
Total reported on the Statements of Condition
     $9,246  $(850,911)
           
*Other: Comprised of swaps intermediated for members.
             
  December 31, 2009 
  Notional Amount of  Derivative  Derivative 
  Derivatives  Assets  Liabilities 
Fair value of derivatives instruments
            
Derivatives designated in hedging relationships            
Interest rate swaps-fair value hedges $98,776,447  $854,699  $(3,974,207)
Interest rate swaps-cash flow hedges         
          
             
Total derivatives in hedging relationships $98,776,447  $854,699  $(3,974,207)
          
             
Derivatives not designated as hedging instruments            
Interest rate swaps $33,144,963  $147,239  $(73,450)
Interest rate caps or floors  2,282,000   77,999   (7,525)
Mortgage delivery commitments  4,210      (39)
Other*  320,000   1,316   (956)
          
             
Total derivatives not designated as hedging instruments $35,751,173  $226,554  $(81,970)
          
             
Total derivatives before netting and collateral adjustments
 $134,527,620  $1,081,253  $(4,056,177)
          
             
Netting adjustments     $(1,072,973) $1,072,973 
Cash collateral and related accrued interest         2,237,028 
           
 
Total collateral and netting adjustments     $(1,072,973) $3,310,001 
           
 
Total reported on the Statements of Condition
     $8,280  $(746,176)
           
*Other: Comprised of swaps intermediated for members.
The categories —“Fair value”, “Mortgage delivery commitment”, and “Cash Flow” hedges - represent derivative transactions in hedging relationships. If any such hedges do not qualify for hedge accounting under the accounting standards for derivatives and hedging, they are classified as “Economic” hedges. Changes in fair values of economic hedges are recorded through the income statement without the offset of corresponding changes in the fair value of the hedged item. Changes in fair values of qualifying derivative transactions designated in fair value hedges are recorded through the income statement with the offset of corresponding changes in the fair values of the hedged items. The effective portion of changes in the fair values of derivatives designated in a qualifying cash flow hedge is recorded in Accumulated other comprehensive income (loss).

56


Earnings Impact of derivatives and hedging activities
Net realized and unrealized gain (loss) on derivatives and hedging activities
The FHLBNY carries all derivative instruments on the Statements of Condition at fair value as Derivative Assets and Derivative Liabilities.
If derivatives meet the hedging criteria under hedge accounting rules, including effectiveness measures, changes in fair value of the associated hedged financial instrument attributable to the risk being hedged (benchmark interest-rate risk, which is LIBOR for the FHLBNY) may also be recorded so that some or all of the unrealized fair value gains or losses recognized on the derivatives are offset by corresponding unrealized gains or losses on the associated hedged financial assets and liabilities. The net differential between fair value changes of the derivatives and the hedged items represent hedge ineffectiveness. Hedge ineffectiveness results represents the amounts by which the changes in the fair value of the derivatives differ from the changes in the fair values of the hedged items or the variability in the cash flows of forecasted transactions. The net ineffectiveness from hedges that qualify under hedge accounting rules are recorded as a Net realized and unrealized gain (loss) on derivatives and hedging activities in Other income (loss) in the Statements of Income.
If derivatives do not qualify for the hedging criteria under hedge accounting rules, but are executed as economic hedges of financial assets or liabilities under a FHLBNY approved hedge strategy, only the fair value changes of the derivatives are recorded as a Net realized and unrealized gain (loss) on derivatives and hedging activities in Other income (loss) in the Statements of Income.
When the FHLBNY elects to measure certain debt under the accounting designation for Fair Value Option (“FVO”), the Bank will typically execute a derivative as an economic hedge of the debt. Fair value changes of the derivatives are recorded as a Net realized and unrealized gain (loss) on derivatives and hedging activities in Other income. Fair value changes of the debt designated under the FVO is also recorded in Other income as an unrealized (loss) or gain from Instruments held at fair value.

57


The FHLBNY reported the following net gains (losses) from derivatives and hedging activities (in thousands):
         
  Three months ended March 31, 
  2010  2009 
  Gain (Loss)  Gain (Loss) 
         
Derivatives designated as hedging instruments
        
Interest rate swaps
        
Advances $619  $(10,611)
Consolidated obligations-bonds  4,004   12,882 
       
         
Net gain related to fair value hedge ineffectiveness  4,623   2,271 
       
         
Derivatives not designated as hedging instruments
        
Economic hedges
        
Interest rate swaps
        
Advances  (840)  4,340 
Consolidated obligations-bonds  (13,309)  31,482 
Consolidated obligations-discount notes  (2,332)  (603)
Member intermediation  (3)  (153)
Balance sheet-macro hedges swaps  173   2,233 
Accrued interest-swaps  29,469   (46,222)
Accrued interest-intermediation  23   25 
 
Caps and floors
        
Advances  (289)  (429)
Balance sheet  (30,427)  1,650 
Accrued interest-options  (1,989)  (692)
 
Mortgage delivery commitments
  149   59 
         
Swaps matching instruments designated under FVO
        
Consolidated obligations-bonds  6,638   (7,684)
Accrued interest on FVO swaps  7,751   57 
       
 
Net (loss) related to derivatives not designated as hedging instruments  (4,986)  (15,937)
       
 
Net realized and unrealized (loss) on derivatives and hedging activities
 $(363) $(13,666)
       

58


The components of hedging gains and losses for the three months ended March 31, 2010 are summarized below (in thousands):
                 
  March 31, 2010 
              Effect of 
              Derivatives on 
  Gain (Loss) on  Gain (Loss) on  Earnings  Net Interest 
  Derivative  Hedged Item  Impact  Income1 
                 
Derivatives designated as hedging instruments
                
Interest rate swaps
                
Advances $(152,087) $152,706  $619  $(530,377)
Consolidated obligations-bonds  52,236   (48,232)  4,004   172,777 
Consolidated obligations-notes            
             
Fair value hedges — Net impact  (99,851)  104,474   4,623   (357,600)
                 
Derivatives not designated as hedging instruments
                
                 
Interest rate swaps
                
                 
Advances  (840)     (840)   
Consolidated obligations-bonds  (13,309)     (13,309)   
Consolidated obligations-notes  (2,332)     (2,332)   
Member intermediation  (3)     (3)   
Balance sheet-macro hedges swaps  173      173    
Accrued interest-swaps  29,469      29,469    
Accrued interest-intermediation  23      23    
                 
Caps and floors
                
                 
Advances  (289)     (289)   
Balance sheet  (30,427)     (30,427)   
Accrued interest-options  (1,989)     (1,989)   
                 
Mortgage delivery commitments
  149      149    
                 
Swaps matching instruments designated under FVO
                
Consolidated obligations-bonds  6,638      6,638    
Accrued interest on FVO swaps  7,751      7,751    
             
                 
Total
 $(104,837) $104,474  $(363) $(357,600)
             
1Represents interest expense and income generated from hedge qualifying interest-rate swaps that were recorded with interest income and expense of the hedged bonds, discount notes, and advances.

59


The components of hedging gains and losses for the three months ended March 31, 2009 are summarized below (in thousands):
                 
  March 31, 2009 
              Effect of 
              Derivatives on 
  Gain (Loss) on  Gain (Loss) on  Earnings  Net Interest 
  Derivative  Hedged Item  Impact  Income1 
                 
Derivatives designated as hedging instruments
                
Interest rate swaps
                
Advances $683,558  $(694,169) $(10,611) $(332,035)
Consolidated obligations-bonds  (164,195)  177,077   12,882   104,079 
Consolidated obligations-notes           443 
             
Fair value hedges — Net impact  519,363   (517,092)  2,271   (227,513)
                 
Derivatives not designated as hedging instruments
                
                 
Interest rate swaps
                
                 
Advances  4,340      4,340    
Consolidated obligations-bonds  31,482      31,482    
Consolidated obligations-notes  (603)     (603)   
Member intermediation  (153)     (153)   
Balance sheet-macro hedges swaps  2,233      2,233    
Accrued interest-swaps  (46,222)     (46,222)   
Accrued interest-intermediation  25      25    
                 
Caps and floors
                
                 
Advances  (429)     (429)   
Balance sheet  1,650      1,650    
Accrued interest-options  (692)     (692)   
 
Mortgage delivery commitments
  59      59    
 
Swaps matching instruments designated under FVO
                
Consolidated obligations-bonds  (7,684)     (7,684)   
Accrued interest on FVO swaps  57      57    
             
                 
Total
 $503,426  $(517,092) $(13,666) $(227,513)
             
1Represents interest expense and income generated from hedge qualifying interest-rate swaps that were recorded with interest income and expense of the hedged bonds, discount notes, and advances.

60


Cash Flow hedges
There were no material amounts for the current or prior year first second, or third quarters in 2009 and 2008 that were reclassified into earnings as a result of the discontinuance of cash flow hedges because it became probable that the original forecasted transactions would not occur by the end of the originally specified time period or within a two-month period thereafter. The maximum length of time over which the Bank typically hedges its exposure to the variability in future cash flows for forecasted transactions is between three and six months. NoThe notional amount of derivatives designated as cash flow hedges at March 31, 2010 was $150.0 million. There were outstandingno derivatives designated as cash flow hedges at September 30, 2009 and December 31, 2008. 2009.
The effective portion of the gain or loss on swaps designated and qualifying as a cash flow hedging instrument is reported as a component of Accumulated other comprehensive incomeAOCI and reclassified into earnings in the same period during which the hedged forecasted transaction affectsbond expenses affect earnings.
Derivative Instruments and Hedging activities
Interest rate swaps, swaptions, and cap and floor agreements (collectively, derivatives) enable the FHLBNY to manage its exposure to changes The balances in interest rates by adjusting the effective maturity, repricing frequency, or option characteristics of financial instruments. The FHLBNY, to a limited extent, also uses interest rate swaps to hedge changes in interest rates prior to debt issuance and essentially to lock in the FHLBNY’s funding cost.
Finance Agency regulations prohibit the speculative use of derivatives. The FHLBNY does not take speculative positions with derivatives or any other financial instruments, or trade derivatives for short-term profits. The FHLBNY does not have any special purpose entities or any other types of off-balance sheet conduits. The FHLBNY established several small grantor trusts related to employee benefits programs.
The notional amounts of derivatives are not recorded as assets or liabilities in the Statements of Condition, rather the fair values of all derivatives are recorded as either derivative asset or derivative liability. Although notional principal is a commonly used measure of volume in the derivatives market, it is not a meaningful measure of market or credit risk since the notional amount does not change hands (other than in the case of foreign currency swaps, of which the FHLBNY has none).
All derivatives are recorded on the Statements of Condition at their estimated fair value and designated as either fair value orAOCI from terminated cash flow hedges for qualifying hedges, or as non-qualifying hedges (economic hedges or customer intermediations) under the accounting standards for derivativesrepresented net realized losses of $20.6 million and hedging. In an economic hedge, the Bank retains or executes derivative contracts, which are economically effective in reducing interest-rate risk or balance sheet risk. Such derivatives are designated as economic hedges either because a qualifying hedge is not available, the hedge is not able to demonstrate that it would be effective on an ongoing basis as a qualifying hedge, or the cost of a qualifying hedge is not economical. Changes in the fair value of a derivative are recorded in current period earnings for a fair value hedge, or in Accumulated other comprehensive income (loss) for the effective portion of fair value changes of a cash flow hedge.
Interest income and interest expense from interest rate swaps used for hedging are reported together with interest on the instrument being hedged if the swap qualifies for hedge accounting under the accounting standards for derivatives and hedging. If the swap is designated as an economic hedge, interest accruals are recorded in Other income (loss) as a Net realized and unrealized gain (loss) on derivatives and hedging activities.

50


The FHLBNY uses derivatives in three ways: (1) as a fair value or cash flow hedge of an underlying financial instrument or as a cash flow hedge of a forecasted transaction; (2) as intermediation hedges to offset derivative positions (e.g., caps) sold to members; and (3) as an economic hedge, defined as a non-qualifying hedge of an asset or liability and used as an asset/liability management tool. The FHLBNY uses derivatives to adjust the interest rate sensitivity of consolidated obligations to more closely approximate the sensitivity of assets or to adjust the interest rate sensitivity of advances to more closely approximate the sensitivity of liabilities. In addition, the FHLBNY uses derivatives to: (4) offset embedded options in assets and liabilities, (5) hedge the market value of existing assets, liabilities, and anticipated transactions; or (6) reduce funding costs.
The following tables present notional amounts and fair values of derivative instruments as of September 30, 2009$22.7 million at March 31, 2010 and December 31, 2008 (in thousands):
             
  September 30, 2009 
  Notional Amount of  Derivative  Derivative 
  Derivatives  Assets  Liabilities 
Fair value of derivatives instruments
            
Derivatives in fair value hedging relationships            
Interest rate swaps $97,418,662  $1,077,145  $(4,655,105)
          
Total derivatives in hedging relationships $97,418,662  $1,077,145  $(4,655,105)
          
             
Derivatives not designated as hedging instruments            
Interest rate swaps $32,341,126  $199,206  $(79,515)
Interest rate caps or floors  2,282,000   66,637   (8,787)
Mortgage delivery commitments  11,843   35    
Other*  2,665,000   4,123   (652)
          
Total derivatives not designated as hedging instruments $37,299,969  $270,001  $(88,954)
          
Total derivatives before netting and collateral adjustments
 $134,718,631  $1,347,146  $(4,744,059)
          
 
Netting adjustments     $(1,338,054) $1,338,054 
Cash collateral and related accrued interest         2,534,261 
           
Total collateral and netting adjustments     $(1,338,054) $3,872,315 
           
Total reported on the Statements of Condition
     $9,092  $(871,744)
           
*Other:Comprised of $2.4 billion notional of swaps in economic hedges of debt designated under the FVO, and $0.3 billion swaps intermediated for members.

51


             
  December 31, 2008 
  Notional Amount of  Derivative  Derivative 
  Derivatives  Assets  Liabilities 
Fair value of derivatives instruments
            
Derivatives in fair value hedging relationships            
Interest rate swaps $84,582,796  $1,640,507  $(6,117,173)
          
Total derivatives in hedging relationships $84,582,796  $1,640,507  $(6,117,173)
          
             
Derivatives not designated as hedging instruments            
Interest rate swaps $39,691,142  $207,243  $(361,836)
Interest rate caps or floors  2,357,000   16,318   (8,360)
Mortgage delivery commitments  10,395   2   (110)
Other*  1,283,000   25,558   (18,734)
          
Total derivatives not designated as hedging instruments $43,341,537  $249,121  $(389,040)
          
Total derivatives before netting and collateral adjustments
 $127,924,333  $1,889,628  $(6,506,213)
          
             
Netting adjustments     $(1,808,183) $1,808,183 
Cash collateral and related accrued interest      (61,209)  3,836,370 
           
Total collateral and netting adjustments     $(1,869,392) $5,644,553 
           
Total reported on the Statements of Condition
     $20,236  $(861,660)
           
*Other:Comprised of $1.0 billion notional of swaps in economic hedges of debt designated under the FVO, and $0.3 billion swaps intermediated for members.

52


The following table presents2009. At March 31, 2010, it is expected that over the componentsnext 12 months about $6.6 million ($6.9 million at December 31, 2009) of net gains (losses) on derivatives and hedging activitieslosses recorded in AOCI will be recognized as presented in the Statementsa charge to earnings as a yield adjustment to interest expense of Income for the three and nine months ended September 30, 2009 and 2008 (in thousands):consolidated bonds.
                 
  Three months ended  Nine months ended 
  September 30,  September 30, 
  2009  2008  2009  2008 
  Gain (Loss)  Gain (Loss)  Gain (Loss)  Gain (Loss) 
Derivatives designated as hedging instruments
                
Interest rate swaps
                
Advances $182  $5,259  $(5,107) $3,621 
Consolidated obligations-bonds  167   6,604   18,187   2,619 
             
                 
Net gain (loss) related to fair value hedge ineffectiveness $349  $11,863  $13,080  $6,240 
             
                 
Net gain (loss) related to cash flow hedge ineffectiveness $  $  $  $(9)
             
Derivatives not designated as hedging instruments
                
Economic hedges
                
Interest rate swaps
                
Advances $(1,475) $(44) $3,887  $1,066 
Consolidated obligations-bonds  28,420   (23,375)  101,662   (41,517)
Consolidated obligations-discount notes  (5,711)  (2,829)  409   (5,723)
Member intermediation  (16)  68   (189)  66 
Balance sheet — Macro hedges swaps  210   19,983   2,617   19,983 
Accrued interest-swaps  18,362   (20,745)  (37,772)  (36,915)
Accrued interest-intermediation  20   2   64   5 
Caps and floors
                
Advances  (305)  (578)  (1,056)  (1,531)
Balance sheet  19,196   (7,626)  50,613   (4,621)
Accrued interest-options  (1,786)  (19)  (3,731)  99 
Mortgage delivery commitments
  47   141   (49)  17 
Swaps under fair value option
                
Consolidated obligations-bonds  1,549   (2,356)  (5,825)  (2,356)
Accrued interest on FVO swaps  779      903    
             
Net gain (loss) related to derivatives not designated as hedging instruments $59,290  $(37,378) $111,533  $(71,427)
             
                 
Net gain (loss) on derivatives and hedging activities
 $59,639  $(25,515) $124,613  $(65,196)
             

53


The following table presents, by type of hedged item, the gains (losses) on derivatives and the related hedged items in fair value hedging relationships and the impact of those derivatives for the three months ended September 30, 2009 and 2008 (in thousands):
                                 
  Three months ended September 30, 
  2009  2008 
              Effect of              Effect of 
              Derivatives on              Derivatives on 
  Gain (Loss) on  Gain (Loss) on  Earnings  Net Interest  Gain (Loss) on  Gain (Loss) on  Earnings  Net Interest 
  Derivative  Hedged Item  Impact  Income  Derivative  Hedged Item  Impact  Income 
                                 
Derivatives designated as hedging instruments
                                
Interest rate swaps
                                
Advances $(582,983) $583,165  $182  $(503,185) $(335,331) $340,590  $5,259  $(171,690)
Consolidated obligations-bonds  98,668   (98,501)  167   151,467   10,563   (3,959)  6,604   118,620 
Consolidated obligations-notes                        
                         
                                 
Fair value hedges ineffectiveness $(484,315) $484,664  $349  $(351,718) $(324,768) $336,631  $11,863  $(53,070)
                                 
Cash flow hedges ineffectiveness $  $  $  $  $  $  $  $ 
                                 
Derivatives not designated as hedging instruments
                                
Interest rate swaps
                                
Advances $(1,475) $  $(1,475) $  $(44) $  $(44) $ 
Consolidated obligations-bonds  28,420      28,420      (23,375)     (23,375)   
Consolidated obligations-notes  (5,711)     (5,711)     (2,829)     (2,829)   
Member intermediation  (16)     (16)     68      68    
Balance sheet — Macro hedges swaps  210      210      19,983      19,983    
Accrued interest-swaps  18,362      18,362      (20,745)     (20,745)   
Accrued interest-intermediation  20      20      2      2    
Caps and floors
                                
Advances  (305)     (305)     (578)     (578)   
Balance sheet  19,196      19,196      (7,626)     (7,626)   
Accrued interest-options  (1,786)     (1,786)     (19)     (19)   
Mortgage delivery commitments
  47      47      141      141    
                         
                                 
Total
 $(427,353) $484,664  $57,311  $(351,718) $(359,790) $336,631  $(23,159) $(53,070)
                         

54


The following table presents, by type of hedged item, the gains (losses) on derivatives and the related hedged items in fair value hedging relationships and the impact of those derivatives for the nine months ended September 30, 2009 and 2008 (in thousands):
                                 
  Nine months ended September 30, 
  2009  2008 
              Effect of              Effect of 
              Derivatives on              Derivatives on 
  Gain (Loss) on  Gain (Loss) on  Earnings  Net Interest  Gain (Loss) on  Gain (Loss) on  Earnings  Net Interest 
  Derivative  Hedged Item  Impact  Income  Derivative  Hedged Item  Impact  Income 
 
Derivatives designated as hedging instruments
                                
Interest rate swaps
                                
Advances $1,419,019  $(1,424,126) $(5,107) $(1,252,775) $(337,111) $340,732  $3,621  $(341,522)
Consolidated obligations-bonds  (418,734)  436,921   18,187   384,150   (44,921)  47,540   2,619   288,228 
Consolidated obligations-notes           474             
                         
                                 
Fair value hedges ineffectiveness $1,000,285  $(987,205) $13,080  $(868,151) $(382,032) $388,272  $6,240  $(53,294)
                                 
Cash Flow hedges ineffectiveness $  $  $  $  $(9) $  $(9) $ 
 
Derivatives not designated as hedging instruments
                                
Interest rate swaps
                                
Advances $3,887  $  $3,887  $  $1,066  $  $1,066  $ 
Consolidated obligations-bonds  101,662      101,662      (41,517)     (41,517)   
Consolidated obligations-notes  409      409      (5,723)     (5,723)   
Member intermediation  (189)     (189)     66      66    
Balance sheet — Macro hedges swaps  2,617      2,617      19,983      19,983    
Accrued interest-swaps  (37,772)     (37,772)     (36,915)     (36,915)   
Accrued interest-intermediation  64      64      5      5    
Caps and floors
                                
Advances  (1,056)     (1,056)     (1,531)     (1,531)   
Balance sheet  50,613      50,613      (4,621)     (4,621)   
Accrued interest-options  (3,731)     (3,731)     99      99    
Mortgage delivery commitments
  (49)     (49)     17      17    
                         
                                 
Total
 $1,116,740  $(987,205) $129,535  $(868,151) $(451,112) $388,272  $(62,840) $(53,294)
                         

55


The effect of cash flow hedge related derivative instruments for the three and nine months ended September 30,March 31, 2010 and 2009 and 2008 were as follows (in thousands):
                                
 Three months ended September 30,                 
 2009 2008  March 31, 2010 
 OCI OCI  OCI 
 Gains/(Losses) Gains/(Losses)  Gains/(Losses) 
 Location: Amount Ineffectiveness Location: Amount Ineffectiveness  Location: Amount Ineffectiveness 
 Recognized in Reclassified to Reclassified to Recognized in Recognized in Reclassified to Reclassified to Recognized in  Recognized Reclassified to Reclassified to Recognized in 
 OCI1 Earnings1 Earnings1 Earnings OCI1, 2 Earnings1 Earnings1 Earnings  in OCI 1, 2 Earnings1 Earnings1 Earnings 
 
The effect of cash flow hedge related to Interest rate swaps
  
Advances $ Interest Income $ $ $ Interest Income $ $  $ Interest Income $ $ 
Consolidated obligations-bonds  Interest Expense 1,898 61 Interest Expense 1,667   392 Interest Expense 1,740  
                    
 
Total
 $ $1,898 $ $61 $1,667 $  $392 $1,740 $ 
                    
1Effective portion
                                
 Nine months ended September 30,                 
 2009 2008  March 31, 2009 
 OCI OCI  OCI 
 Gains/(Losses) Gains/(Losses)  Gains/(Losses) 
 Location: Amount Ineffectiveness Location: Amount Ineffectiveness  Location: Amount Ineffectiveness 
 Recognized in Reclassified to Reclassified to Recognized in Recognized in Reclassified to Reclassified to Recognized in  Recognized Reclassified to Reclassified to Recognized in 
 OCI1 Earnings1 Earnings1 Earnings OCI1, 2 Earnings1 Earnings Earnings  in OCI 1, 2 Earnings1 Earnings1 Earnings 
  
The effect of cash flow hedge related to Interest rate swaps
  
Advances $ Interest Income $ $ $ Interest Income $ $  $ Interest Income $ $ 
Consolidated obligations-bonds  Interest Expense 5,687   (6,109) Interest Expense 4,345 9   Interest Expense 1,879  
                    
 
Total
 $ $5,687 $ $(6,109) $4,345 $9  $ $1,879 $ 
                    
   
1 Effective portion
 
2 Represents effective portion of basis adjustments to OCI during the periodAOCI from cash flow hedging transactions.

 

5661


Note 16.17. Fair Values of Financial Instrumentsfinancial instruments
Items Measured at Fair Value on a Recurring Basis
The following table presents for each hierarchy level (see note below), the FHLBNY’s assets and liabilities that were measured at fair value on its Statements of Condition at September 30, 2009March 31, 2010 and December 31, 2008
(in2009 (in thousands):
                                        
 September 30, 2009  March 31, 2010 
 �� Netting  Netting 
 Total Level 1 Level 2 Level 3 Adjustments  Total Level 1 Level 2 Level 3 Adjustments 
Assets
  
Available-for-sale securities $2,362,592 $ $2,362,592 $ $  
Derivative assets 9,092 1,347,146  (1,338,054)
GSE issued MBS $2,641,921 $ $2,641,921 $ $ 
Equity and bond funds 12,893  12,893   
Derivative assets(a)
 
Interest-rate derivatives 9,236  973,460   (964,224)
Mortgage delivery commitments 10  10   
                      
  
Total assets at fair value
 $2,371,684 $ $3,709,738 $ $(1,338,054) $2,664,060 $ $3,628,284 $ $(964,224)
                      
  
Liabilities
  
Consolidated obligations: 
Bonds $(2,385,968) $ $(2,385,968) $ $ 
Derivative liabilities  (871,744)   (4,744,059)  3,872,315 
Consolidated obligations-bonds(b)
 $(6,780,613) $ $(6,780,613) $ $ 
Derivative liabilities(a)
 
Interest-rate derivatives  (850,910)   (4,048,288)  3,197,378 
Mortgage delivery commitments  (1)   (1)   
                      
  
Total liabilities at fair value
 $(3,257,712) $ $(7,130,027) $ $3,872,315  $(7,631,524) $ $(10,828,902) $ $3,197,378 
                      
                                        
 December 31, 2008  December 31, 2009 
 Netting  Netting 
 Total Level 1 Level 2 Level 3 Adjustments  Total Level 1 Level 2 Level 3 Adjustments 
Assets
  
Available-for-sale securities $2,861,869 $ $2,861,869 $ $  
Derivative assets 20,236  1,386,859   (1,366,623)
GSE issued MBS $2,240,564 $ $2,240,564 $ $ 
Equity and bond funds 12,589  12,589   
Derivative assets(a)
 
Interest-rate derivatives 8,280  1,081,253   (1,072,973)
Mortgage delivery commitments      
                      
  
Total assets at fair value
 $2,882,105 $ $4,248,728 $ $(1,366,623) $2,261,433 $ $3,334,406 $ $(1,072,973)
                      
  
Liabilities
  
Consolidated obligations: 
Bonds $(998,942) $ $(998,942) $ $ 
Derivative liabilities  (861,660)   (5,978,026)  5,116,366 
Consolidated obligations-bonds(b)
 $(6,035,741) $ $(6,035,741) $ $ 
Derivative liabilities(a)
 
Interest-rate derivatives  (746,137)   (4,056,138)  3,310,001 
Mortgage delivery commitments  (39)   (39)   
                      
  
Total liabilities at fair value
 $(1,860,602) $ $(6,976,968) $ $5,116,366  $(6,781,917) $ $(10,091,918) $ $3,310,001 
                      
Level 1 — Quoted prices in active markets for identical assets.
Level 2 — Significant other observable inputs.
Level 3 — Significant unobservable inputs.
(a)Derivative assets and liabilities were interest-rate contracts, except for de minimis amount of mortgage delivery contracts. Based on an analysis of the nature of the risk, the presentation of derivatives as a single class is appropriate.
(b)Based on its analysis of the nature of risks of the FHLBNY’s debt measured at fair value, the FHLBNY has determined that presenting the debt as a single class is appropriate.

 

5762


Items Measured at Fair Value on a Nonrecurring Basis
Certain assets and liabilities would be measured at fair value on a nonrecurring basis, and for the FHLBNY, such items may include mortgage loans in foreclosure, or mortgage loans and held-to-maturity securities written down to fair value. CertainAt March 31, 2010, the Bank measured and recorded the fair values on a nonrecurring basis of held-to-maturity investment securities deemed to be OTTI; that is, they are not measured at fair value on an ongoing basis but are subject to fair-value adjustments in certain circumstances (for example, when there is evidence of other-than-temporary impairment — OTTI) in accordance with the guidance on recognition and presentation of other-than-temporary impairment. The nonrecurring measurement basis related to certain private-label held-to-maturity MBSmortgage-backed securities that were written downdetermined to be OTTI. Certain held-to-maturity OTTI securities were recorded at their fair value as a resultvalues of OTTI during$23.1 million and $42.9 million at March 31, 2010 and December 31, 2009. For more information also see Note 4 – Held-to-maturity securities.
The following table summarizes the three quarters ended September 30, 2009. The fair valuevalues of MBS for which a non-recurring change in fair value has beenwas recorded at September 30, 2009March 31, 2010 (in thousands):
                        
 Credit Loss *                 
 September 30, 2009  
 Fair Value Level 1 Level 2 Level 3 Three months Nine months  Fair Value Level 1 Level 2 Level 3 
Held-to-maturity securities  
Private-label residential MBS $125,771 $ $ $125,771 $3,683 $14,276 
Home equity loans $23,133 $ $ $23,133 
         
             
Total
 $125,771 $ $ $125,771 $3,683 $14,276  $23,133 $ $ $23,133 
                      
   
* Note: The credit losses recognized in the current year third quarter of $3.7 million were associated with the held-to-maturity (“HTM”) securities determined to beCertain OTTI at September 30, 2009. The credit impaired HTM securities were recorded in the Statements of Condition atwritten down to their total fair values ($23.1 million) when it was determined that their carrying values prior to write-down ($27.1 million) were in excess of $125.8 million at September 30, 2009. Cumulative credit losses of $14.3 million include credit losses on HTM securities that were previously impaired.their fair values. For HTMHeld-to-maturity securities that were previously credit impaired but no additional credit impairment were deemed necessary in the current quarter,at March 31, 2010, the securities were recorded- consistent with accounting rules-atrecorded at their carrying values and not re-adjusted to their fair values.
The following table summarizes the fair values of MBS for which a non-recurring change in fair value was recorded at December 31, 2009 (in thousands):
                 
  Fair Value  Level 1  Level 2  Level 3 
Held-to-maturity securities                
Home equity loans $42,922  $  $  $42,922 
             
                 
Total
 $42,922  $  $  $42,922 
             
Note:Cumulative credit losses of $20.8 million were recorded for the year ended December 31, 2009. The FHLBNY also wrote down certain OTTI MBS to their fair values ($42.9 million) when it was determined that the carrying values of the securities prior to write-down ($59.9 million) were in excess of their fair values at December 31, 2009.
The following table summarizes the fair values of MBS for which a non-recurring change in fair value was recorded at March 31, 2009 (in thousands):
                 
  Fair Value  Level 1  Level 2  Level 3 
Held-to-maturity securities                
Home equity loans $21,808  $  $  $21,808 
             
                 
Total
 $21,808  $  $  $21,808 
             

 

5863


Estimated fair values — Summary Tables
The Bank early adopted the new guidance on interim disclosures about fair value of financial instruments as of January 1, 2009. The FHLBNY has consistently presented estimated fair value disclosures in interim financial statements in prior periods, although it has not been required to under pre-existing GAAP disclosure requirements, as it believed fair values provided useful information to investors and its stockholders with respect to significant changes in the estimated fair values of the FHLBNY’s financial instruments.
The carrying value and estimated fair values of the FHLBNY’s financial instruments as of September 30, 2009March 31, 2010 and December 31, 20082009 were as follows (in thousands):
                                
 September 30, 2009 December 31, 2008  March 31, 2010 December 31, 2009 
 Carrying Estimated Carrying Estimated  Carrying Estimated Carrying Estimated 
Financial Instruments Value Fair Value Value Fair Value  Value Fair Value Value Fair Value 
Assets  
Cash and due from banks $1,189,158 $1,189,158 $18,899 $18,899  $1,167,824 $1,167,824 $2,189,252 $2,189,252 
Interest-bearing deposits   12,169,096 12,170,681      
 
Federal funds sold 3,900,000 3,899,997    3,130,000 3,129,993 3,450,000 3,449,997 
Available-for-sale securities 2,362,592 2,362,592 2,861,869 2,861,869  2,654,814 2,654,814 2,253,153 2,253,153 
Held-to-maturity securities  
Long-term securities 10,478,027 10,596,548 10,130,543 9,934,473  9,776,282 9,934,261 10,519,282 10,669,252 
Certificates of deposit 2,000,000 2,000,003 1,203,000 1,203,328      
Advances 95,944,732 96,375,258 109,152,876 109,421,358  88,858,753 89,013,787 94,348,751 94,624,708 
Mortgage loans, net 1,336,228 1,402,028 1,457,885 1,496,329 
Mortgage loans held-for-portfolio, net 1,287,770 1,343,457 1,317,547 1,366,538 
Accrued interest receivable 354,934 354,934 492,856 492,856  320,730 320,730 340,510 340,510 
Derivative assets 9,092 9,092 20,236 20,236  9,246 9,246 8,280 8,280 
Other financial assets 4,224 4,224 2,713 2,713  6,445 6,445 3,412 3,412 
  
Liabilities  
Deposits 2,275,971 2,275,983 1,451,978 1,452,648  7,976,922 7,976,923 2,630,511 2,630,513 
Consolidated obligations:  
Bonds 69,670,836 70,032,687 82,256,705 82,533,048  72,408,203 72,656,044 74,007,978 74,279,737 
Discount notes 38,385,244 38,396,793 46,329,906 46,408,907  19,815,956 19,817,145 30,827,639 30,831,201 
Mandatorily redeemable capital stock 127,882 127,882 143,121 143,121  105,192 105,192 126,294 126,294 
Accrued interest payable 337,221 337,221 426,144 426,144  330,715 330,715 277,788 277,788 
Derivative liabilities 871,744 871,744 861,660 861,660  850,911 850,911 746,176 746,176 
Other financial liabilities 33,784 33,784 38,594 38,594  34,920 34,920 38,832 38,832 

 

5964


The following table summarizes the activity related to consolidated obligation bonds for which the Bank elected the fair value option (in thousands):
                
 Three months ended Nine months ended 
 September 30, September 30,             
 2009 2008 2009 2008  March 31, 2010 December 31, 2009 March 31, 2009 
Balance, beginning of the period $550,303 $ $998,942 $  $(6,035,741) $(998,942) $(998,942)
New transaction elected for fair value option 1,835,000 589,000 2,385,000 589,000   (4,420,000)  (10,100,000)  
Maturities and terminations    (983,000)   3,685,000 5,043,000 958,000 
Change in fair value  (426)  (3,582)  (8,653)  (3,582)  (8,419) 15,523 8,313 
Change in accrued interest* 1,091     (6,321)   
Change in accrued interest  (1,453) 4,678 7,252 
                
  
Balance, end of the period $2,385,968 $585,418 $2,385,968 $585,418  $(6,780,613) $(6,035,741) $(25,377)
                
*De minimis amounts of change in accrued interest in 2008.
The following table presents the change in fair value includeincluded in the Statements of Income for the consolidated obligation bonds designated in accordance with the accounting standards on the fair value option for financial assets and liabilities (in thousands):
                         
  Three months ended September 30, 
  2009  2008 
          Total change in          Total change in 
  Interest expense on  Net gain(loss) due  fair value included  Interest expense on  Net gain(loss) due  fair value included 
  consolidated  to changes in fair  in current period  consolidated  to changes in fair  in current period 
  obligation bonds  value  earnings  obligation bonds  value  earnings 
                         
Consolidated obligations-bonds $(1,091) $426  $(665) $  $3,582  $3,582 
                   
                         
  Nine months ended September 30, 
  2009  2008 
          Total change in          Total change in 
  Interest expense on  Net gain(loss) due  fair value included  Interest expense on  Net gain(loss) due  fair value included 
  consolidated  to changes in fair  in current period  consolidated  to changes in fair  in current period 
  obligation bonds  value  earnings  obligation bonds  value  earnings 
                         
Consolidated obligations-bonds $(2,380) $8,653  $6,273  $  $3,582  $3,582 
                   
                         
  Three months ended March 31, 
  2010  2009 
  Interest expense on  Net gain(loss) due  Total change in fair value  Interest expense on  Net gain(loss) due  Total change in fair value 
  consolidated  to changes in fair  included in current period  consolidated  to changes in fair  included in current period 
  obligation bonds  value  earnings  obligation bonds  value  earnings 
                         
Consolidated obligations-bonds
 $(8,522) $(8,419) $(16,941) $(1,074) $8,313  $7,239 
                   
The following table compares the aggregate fair value and aggregate remaining contractual fair value and aggregate remaining contractual principal balance outstanding of consolidated obligation bonds for which the fair value option has been elected (in thousands):
             
  September 30, 2009 
          Fair value 
  Principal Balance  Fair value  over/(under) 
             
Consolidated obligations-bonds $2,385,000  $2,385,968  $968 
          
                         
  Three months ended March 31, 
  2010  2009 
  Principal Balance  Fair value  Fair value over/(under)  Principal Balance  Fair value  Fair value over/(under) 
                         
Consolidated obligations-bonds
 $6,775,000  $6,780,613  $5,613  $25,000  $25,377  $377 
                   
             
  December 31, 2008 
          Fair value 
  Principal Balance  Fair value  over/(under) 
             
Consolidated obligations-bonds $983,000  $998,942  $15,942 
          

60


Notes to Estimated Fair Values of financial instruments
The fair value of financial instruments that is an asset is defined as the price FHLBNY would receive to sell an asset in an orderly transaction between market participants at the measurement date. A financial liability’s fair value is defined as the amount that would be paid to transfer the liability to a new obligor, not the amount that would be paid to settle the liability with the creditor. Where available, fair values are based on observable market prices or parameters, or derived from such prices or parameters. Where observable prices are not available, valuation models and inputs are utilized. These valuation techniques involve some level of management estimation and judgment, the degree of which is dependent on the price transparency for the instruments or markets and the instruments’ complexity.
The fair values of financial assets and liabilities reported in the tables above are discussed below. For additional information also see Significant Accounting Policies and Estimates in Note 1. The Fair Value Summary Tables above do not represent an estimate of the overall market value of the FHLBNY as a going concern, which would take into account future business opportunities and the net profitability of assets versus liabilities.

65


The estimated fair value amounts have been determined by the FHLBNY using procedures described below. Because an active secondary market does not exist for a portion of the FHLBNY’s financial instruments, in certain cases, fair values are not subject to precise quantification or verification and may change as economic and market factors and evaluation of those factors change.
Cash and due from banks
The estimated fair value approximates the recorded book balance.
Interest-bearing deposits and Federal funds sold
The FHLBNY determines estimated fair values of certain short-term investments by calculating the present value of expected future cash flows from the investments. The discount rates used in these calculations are the current coupons of investments with similar terms.
Investment securities
TheIn an effort to achieve consistency among all of the FHLBanks on the pricing of investments in mortgage-backed securities, in the third quarter of 2009 the FHLBanks formed the MBS Pricing Governance Committee which was responsible for developing a fair value methodology for mortgage-backed securities that all FHLBanks could adopt. Consistent with the guidance from the Governance Committee, the FHLBNY changed the methodology used to estimate the fair value of mortgage-backed securities as of September 30, 2009. Under the approved methodology, the Bank requests prices for all mortgage-backed securities from four specified third-party vendors, and, depending on the number of prices received for each security, selected a median or average price as defined by the methodology. If four prices are received by the FHLBNY from the pricing vendors, the average of the middle two prices is used; if three prices are received, the middle price is used; if two prices are received, the average of the two prices is used; and if one price is received, it is subject to additional validation.
The FHLBNY routinely performs a comparison analysis of pricing to understand pricing trends and to establish a means of validating changes in pricing from period-to-period. The computed prices are tested for reasonableness using tolerance thresholds. Prices within the established thresholds are generally accepted unless strong evidence suggests that using the median pricing methodology as described above would not be appropriate. Preliminary estimated fair values that are outside the tolerance thresholds, or that management believes may not be appropriate based on all available information (including those limited instances in which only one price is received), are subject to further analysis of all relevant facts and circumstances that a market participant would consider. The Bank also runs pricing through prepayment models to test the reasonability of pricing relative to changes in the implied prepayment options of the bonds. Separately, the Bank performs comprehensive credit analysis, including the analysis of underlying cash flows and collateral.
The FHLBNY believes such methodologies — valuation comparison, review of changes in valuation parameters, and credit analysis have been designed to identify the effects of the credit crisis, which has tended to reduce the availability of certain observable market pricing or has caused the widening of the bid/offer spread of certain securities.
Prior to the adoption of the new pricing methodology in the 2009 third quarter, the Bank used a similar process that utilized three third-party vendors and similar variance thresholds. This change in pricing methodology did not have a significant impact on the Bank’s estimated fair values of its mortgage-backed securities.

66


As of March 31, 2010, four vendor prices were received for substantially all of the FHLBNY’s MBS holdings and substantially all of those prices fell within the specified thresholds. The relative proximity of the prices received supported the FHLBNY’s conclusion that the final computed prices were reasonable estimates of fair value. While the FHLBNY adopted this common methodology, the fair values of mortgage-backed investment securities isare still estimated by FHLBNY’s management using information fromwhich remains responsible for the selection and application of its fair value methodology and the reasonableness of assumptions and inputs used.
The four specialized pricing services that use pricing models or quoted prices of securities with similar characteristics. Inputs into the pricing models employed by pricing services for most of the Bank’s investments are market based and observable and are considered Level 2. The valuation techniques used by pricing services employ cash flow generators and option-adjusted spread models. Pricing spreads used as inputs in the models are based on new issue and secondary market transactions if the securities that are traded in sufficient volumes in the secondary market.
These pricing vendors typically employ valuation techniques that incorporate benchmark yields, recent trades, dealer estimates, valuation models, benchmarking of like securities, sector groupings, and/or matrix pricing, as may be deemed appropriate for the security. Such inputs into the pricing models employed by pricing services for most of the Bank’s investments are market based and observable and are considered Level 2 of the fair value hierarchy.
The valuation of the Bank’sFHLBNY’s private-label securities, that are all designated as held-to-maturity, may require pricing services to use significant inputs that are subjective and are generallymay be considered to be Level 3 of the fair value hierarchy because of the current lack of significant market activity so that the inputs may not be market based and observable. Beginning with the current year third quarter, the FHLBNY requests prices forAt March 31, 2010 and December 31, 2009, all private-label mortgage-backed securities from four specific third-party vendors. Priorwere classified as held-to-maturity and were recorded in the balance sheet at their carrying values. Carrying value of a security is the same as its amortized cost, unless the security is determined to be OTTI. In the change,period the FHLBNY used three vendors. The adoption of the fourth pricing vendor had no material impact on the financial results, financial position or cash flows of the Bank. Depending on the number of prices received from the four vendors for each security the FHLBNY selects a median or average price. The Bank’s pricing methodology also incorporates variance thresholdsis determined to assist in identifying median or average prices that may require further review. In certain limited instances (i.e., prices are outside of variance thresholds or the third-party services do not provide a price), the FHLBNY will obtain a price from securities dealers thatbe OTTI, its carrying value is deemed most appropriate after consideration of all relevant facts and circumstances that would be considered by market participants.generally adjusted down to its fair value.

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In accordance with the amended guidance under the accounting standards for investments in debt and equity securities, certain held-to-maturity private-label mortgage-backed securities were written down to their fair value at March 31, 2010 and December 31, 2009 as a result of a recognition of OTTI during the three quarters in 2009.OTTI. The OTTI impaired securities are classified in the table of items measured at fair value on a nonrecurring basis as Level 3 financial instruments in accordance withunder the accounting standards for fair value measurements and disclosures, and valuation hierarchy as of September 30, 2009.hierarchy. This determination was made based on management’s view that the OTTI private-label instruments and certain other private-label MBS may not have an active market because of the specific vintage of the impaired securities as well as inherent conditions surrounding the trading of private-label mortgage-backed securities. Fair values of these securities were determined by management using third party specialized vendor pricing services that made appropriate adjustments to observed prices of comparable securities that were being transacted in an orderly market. Fair values of the OTTI securities recorded in the Statements of Condition at September 30, 2009 were $125.8 million.
The fair value of housing finance agency bonds is estimated by management using information primarily from specialized dealers.
For more information, see Significant Accounting Policies and Estimates in Note 1 for corroboration and other analytical procedures performed by the FHLBNY. Examples of securities priced under such a valuation technique, and which are classified within Level 2 of the valuation hierarchy and valued using the “market approach” as defined under the accounting standards for fair value measurements and disclosures, include GSE issued collateralized mortgage obligations and money market funds.
Advances
The fair values of advances are computed using standard option valuation models. The most significant inputs to the valuation model are (1) consolidated obligation debt curve (the “CO Curve”), published by the Office of Finance and available to the public, and (2) LIBOR swap curves and volatilities. The Bank considers both these inputs to be market based and observable as they can be directly corroborated by market participants.

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Mortgage loans
The fair value of MPF loans and loans in the inactive CMA programs are priced using a valuation technique referred to as the “market approach” as defined in the accounting standards for fair value measurements and disclosures.. Loans are aggregated into synthetic pass-through securities based on product type, loan origination year, gross coupon and loan term. Thereafter, these are compared against closing “TBA” prices extracted from independent sources. All significant inputs to the loan valuations are market based and observable.
Accrued interest receivable and payable
The estimated fair values approximate the recorded book value because of the relatively short period of time between their origination and expected realization.

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Derivative assets and liabilities
The FHLBNY’s derivatives are traded in the over-the-counter marketmarket. Discounted cash flow analysis is the primary methodology employed by the FHLBNY’s valuation models to measure and record the fair values of its interest rate swaps. The valuation technique is considered as an “Income approach”. Interest rate swaps and interest rate caps and floors are valued using discounted cash flowindustry-standard option adjusted valuation models that use as their basis, readily observable andutilize market inputs, which can be corroborated, from widely accepted third-party sources. The Bank’s valuation model utilizes a modifiedBlack-Karasinski model that assumes that rates are distributed log normally. The log-normal model precludes interest rates turning negative in the model computations. Significant market based inputs. Significantand observable inputs into the valuation model include volatilities and interest rates and volatilities.rates. These derivative positions are classified within Level 2 of the valuation hierarchy, and include interest rate swaps, swaptions, interest rate caps and floors, and mortgage delivery commitments.
The accounting standard forFHLBNY employs control processes to validate the fair value measurementsof its financial instruments, including those derived from valuation models. These control processes are designed to ensure that the values used for financial reporting are based on observable inputs wherever possible. In the event that observable inputs are not available, the control processes are designed to ensure that the valuation approach utilized is appropriate and disclosures clarifiedconsistently applied and that the assumptions are reasonable. These control processes include reviews of the pricing model’s theoretical soundness and appropriateness by specialists with relevant expertise who are independent from the trading desks or personnel who were involved in the design and selection of model inputs. Additionally, groups that are independent from the trading desk, or personnel involved in the design and selection of model inputs participate in the review and validation of the fair values generated from the valuation model. The FHLBNY maintains an ongoing review of its valuation models and has a formal model validation policy in addition to procedures for the approval and control of data inputs.
The valuation of derivative assets and liabilities must reflect the value of the instrument including the values associated with counterparty risk and mustwould also take into account the company’sFHLBNY’s own credit standing and non-performance risk. The Bank has collateral agreements with all its derivative counterparties and enforces collateral exchanges at least weekly. The computed fair values of the FHLBNY’s derivatives took into consideration the effects of legally enforceable master netting agreements that allow the FHLBNY to settle positive and negative positions and offset cash collateral with the same counterparty on a net basis. The Bank and each derivative counterparty have bilateral collateral thresholds that take into account both the Bank’s and counterparty’s credit ratings. As a result of these practices and agreements and the FHLBNY’s assessment of any change in its own credit spread, the Bank has concluded that the impact of the credit differential between the Bank and its derivative counterparties was sufficiently mitigated to an immaterial level that no credit adjustments were deemed necessary to the recorded fair value of derivative assets and derivative liabilities in the Statements of ConditionsCondition at September 30, 2009March 31, 2010 and December 31, 2008.2009.

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Deposits
The FHLBNY determines estimated fair values of deposits by calculating the present value of expected future cash flows from the deposits. The discount rates used in these calculations are the current cost of deposits with similar terms.
Consolidated obligations
The FHLBNY estimates fair values based on the cost of raising comparable term debt and prices its bonds and discount notes based onoff of the current consolidated obligations market curve, which has a daily active market. The fair values of consolidated obligation debt (bonds and discount notes) are computed using a standard option valuation model using market based and observable inputs: (1) consolidated obligation debt curve (the “CO Curve”) that is available to the public and published by the Office of Finance, and (2) LIBOR curve and volatilities. Model adjustments that are not “market-observable” are not considered significant.
Mandatorily redeemable capital stock
The FHLBNY considers the fair value of capital subject to mandatory redemption, as the redemption value of the stock, which is generally par plus accrued estimated dividend. The FHLBNY has a cooperative structure. Stock can only be acquired by members at par value and redeemed at par value. Stock is not traded publicly and no market mechanism exists for the exchange of stock outside the cooperative structure.

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Note 17.18. Commitments and contingencies
The FHLBanks have joint and several liability for all the consolidated obligations issued on their behalf. Accordingly, should one or more of the FHLBanks be unable to repay their participation in the consolidated obligations, each of the other FHLBanks could be called upon to repay all or part of such obligations, as determined or approved by the Finance Agency. Neither the FHLBNY nor any other FHLBank has ever had to assume or pay the consolidated obligations of another FHLBank. The FHLBNY does not believe that it will be called upon to pay the consolidated obligations of another FHLBank in the future. Under the amended provisions of accounting standard for guarantees, the Bank would have been required to recognize the fair value of the FHLBNY’s joint and several liability for all the consolidated obligations, as discussed above. However, the FHLBNY considers the joint and several liabilities as similar to a related party guarantee, which meets the scope exception under the accounting standard for guarantees. Accordingly, the FHLBNY has not recognized the fair value of a liability for its joint and several obligations related to other FHLBanks’ consolidated obligations at September 30, 2009March 31, 2010 and December 31, 2008.2009. The par amount of the twelve FHLBanks’ outstanding consolidated obligations, including the FHLBNY’s, werewas approximately $1.0 trillion and $1.3$0.9 trillion at September 30, 2009March 31, 2010 and December 31, 2008.2009.
Standby letters of credit are executed for a fee on behalf of members to facilitate residential housing, community lending, and members’ asset/liability management or to provide liquidity. A standby letter of credit is a financing arrangement between the FHLBNY and its member. Members assume an unconditional obligation to reimburse the FHLBNY for value given by the FHLBNY to the beneficiary under the terms of the standby letter of credit. The FHLBNY may, in its discretion, permit the member to finance repayment of their obligation by receiving a collateralized advance. Outstanding standby letters of credit were approximately $891.2$804.1 million and $908.6$697.9 million as of September 30, 2009March 31, 2010 and December 31, 2008,2009, respectively and had original terms of up to 15 years, with a final expiration in 2019. Standby letters of credit are fully collateralized. Unearned fees on standby letters of credit were recorded in otherOther liabilities and were not significant as of September 30, 2009March 31, 2010 and December 31, 2008.2009. Based on management’s credit analyses and collateral requirements, the FHLBNY does not deem it necessary to have any provision for credit losses on these commitments and letters of credit.

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During the third quarter of 2008, each FHLBank, including the FHLBNY, entered into a Lending Agreement with the U.S. Treasury in connection with the U.S. Treasury’s establishment of the Government Sponsored Enterprise Credit Facility (GSECF), as authorized by the Housing Act. The GSECF iswas designed to serve as a contingent source of liquidity for the housing government-sponsored enterprises, including each of the 12 FHLBanks. Any borrowings by one or more of the FHLBanks under the GSECF arewould be considered consolidated obligations with the same joint and several liability as all other consolidated obligations. The terms of any borrowings arewould be agreed to at the time of issuance. Loans under the Lending Agreement are to be secured by collateral acceptable to the U.S. Treasury, which consistsconsisted of FHLBank advances to members that havehad been collateralized in accordance with regulatory standards and mortgage-backed securities issued by Fannie Mae or Freddie Mac. Each FHLBank iswas required to submit to the Federal Reserve Bank of New York, acting as fiscal agent of the U.S. Treasury, a list of eligible collateral updated on a weekly basis. As of September 30, 2009 and December 31, 2008,2009, the FHLBNY had provided the U.S. Treasury listings of advance collateral amounting to $17.8 billion and $16.3$10.3 billion, which providesprovided for maximum borrowings of $15.5 billion and $14.2$9.0 billion at September 30, 2009 and December 31, 2008.2009. The amount of collateral can be increased or decreased (subject to the approval of the U.S. Treasury) at any time through the delivery of an updated listing of collateral. As of September 30,December 31, 2009, no FHLBank had drawn on this available source of liquidity. This temporary authorization expiresexpired on December 31, 2009 and supplements the existing limit of $4.0 billion.2009.

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Under the MPF program, the Bank was unconditionally obligated to purchase $12.0$3.2 million and $10.4$4.2 million inof mortgage loans at September 30, 2009March 31, 2010 and December 31, 2008.2009. Commitments are generally for periods not to exceed 45 business days. Such commitments entered into after June 30, 2003 were recorded as derivatives at their fair value under the accounting standards for derivatives and hedging. In addition, the FHLBNY had entered into conditional agreements under “Master Commitments” with its members in the MPF program to purchase mortgage loans in aggregate of $494.3$542.6 million and $246.9$484.6 million as of September 30, 2009March 31, 2010 and December 31, 2008.2009.
The FHLBNY generally executes derivatives with major banks and broker-dealers and generally enters into bilateral collateral agreements. When counterparties are exposed, the Bank would typically pledge cash collateral to mitigate the counterparty’s credit exposure. To mitigate the counterparties’ exposures, the FHLBNY pledged $2.5 billion and $3.8deposited $2.2 billion in cash with derivative counterparties as pledged collateral at September 30, 2009March 31, 2010 and December 31, 2008,2009, and these amounts were reported as a component ofdeduction to Derivative liabilities. At September 30, 2009 and December 31, 2008, the
The FHLBNY was also exposed to credit risk associated with outstanding derivative transactions measured by the replacement cost of derivatives in anet fair value gain position.positions of $9.2 million and $8.3 million at March 31, 2010 and December 31, 2009. The Bank’s credit exposureexposures at September 30, 2009 as defined above wasthose dates were below the threshold agreements with derivative counterparties and no collateral was required to be pledged by counterparties. At December 31, 2008,counterparties to reduce the Bank’s credit exposure was reduced by cash collateralexposures.
The FHLBNY charged to operating expenses net rental costs of $61.2approximately $0.8 million delivered by derivatives counterparties and held by the Bank. The amount was recorded as a reduction to Derivative assets at December 31, 2008.
Net rental expense and the cost of operating leases for the threeperiods ended March 31, 2010 and nine months ended September 30, 2009 and 2008 were not material. The lease2009. Lease agreements for FHLBNY premises generally provide for increases in the basic rentals resulting from increases in property taxes and maintenance expenses. Such increases are not expected to have a material effect on the FHLBNY’s results of operations or financial condition.

 

6570


The following table summarizes contractual obligations and contingencies as of September 30, 2009March 31, 2010 (in thousands):
                                        
 September 30, 2009  March 31, 2010 
 Payments due or expiration terms by period  Payments due or expiration terms by period 
 Less than One year Greater than three Greater than    Less than One year Greater than three Greater than   
 one year to three years years to five years five years Total  one year to three years years to five years five years Total 
Contractual Obligations  
Consolidated obligations-bonds at par1
 $35,806,100 $24,730,595 $4,900,530 $3,335,050 $68,772,275  $36,813,050 $25,161,775 $6,850,550 $2,878,050 $71,703,425 
Mandatorily redeemable capital stock1
 82,076 38,724 2,123 4,959 127,882  81,360 16,762 2,114 4,956 105,192 
Premises (lease obligations)2
 3,060 6,120 5,635 7,011 21,826  3,060 6,202 5,191 5,843 20,296 
                      
  
Total contractual obligations 35,891,236 24,775,439 4,908,288 3,347,020 68,921,983  36,897,470 25,184,739 6,857,855 2,888,849 71,828,913 
                      
  
Other commitments  
Standby letters of credit 863,242 4,937 15,255 7,778 891,212  772,638 10,589 17,016 3,861 804,104 
Consolidated obligation-bonds/ discount notes traded not settled 2,302,700    2,302,700 
Investment securities traded not settled 25,000    25,000 
Consolidated obligations-bonds/ discount notes traded not settled 2,517,000    2,517,000 
Firm commitment-advances 160,228    160,228 
MBS purchase 174,048    174,048 
Open delivery commitments (MPF) 11,843    11,843  3,249    3,249 
                      
  
Total other commitments 3,202,785 4,937 15,255 7,778 3,230,755  3,627,163 10,589 17,016 3,861 3,658,629 
                      
  
Total obligations and commitments $39,094,021 $24,780,376 $4,923,543 $3,354,798 $72,152,738  $40,524,633 $25,195,328 $6,874,871 $2,892,710 $75,487,542 
                      
   
1 Callable bonds contain exercise date or a series of exercise dates that may result in a shorter redemption period. Mandatorily redeemable capital stock is categorized by the dates at which the corresponding advances outstanding mature. Excess capital stock is redeemed at that time, and hence, these dates better represent the related commitments than the put dates associated with capital stock, under which stock may not be redeemed until the later of five years from the date the member becomes a nonmember or the related advance matures. Callable bonds contain exercise date or a series of exercise dates that may result in a shorter redemption period.
 
2 Immaterial amount of commitments for equipment leases are not included.
The FHLBNY does not anticipate any credit losses from its off-balance sheet commitments and accordingly no provision for losses wasis required.

 

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Note 18.19. Related party transactions
The FHLBNY is a cooperative and the members own almost all of the stock of the Bank. Stock that is not owned by members is held by former members. The majority of the members of the Board of Directors of the FHLBNY are elected by and from the membership. The FHLBNY conducts its advances business almost exclusively with members. The Bank considers its transactions with its members and non-member stockholders as related party transactions in addition to transactions with other FHLBanks, the Office of Finance, and the Finance Agency. All transactions with all members, including those whose officers may serve as directors of the FHLBNY, are at terms that are no more favorable than comparable transactions with other members.
The FHLBNY may from time to time borrow or sell overnight and term Federal funds at market rates to members.
Debt Transfers
During the current year and prior year three quarters,first quarter of 2010 or in the same period in 2009, there was no transfer of consolidated obligation bonds to other FHLBanks. Generally, when debt is transferred it is exchangedin exchange for a cash price that represents the fair market valuevalues of the debt. Additionally, no debt was transferred to the FHLBNY from another FHLBank forin the first three quarters of 2009 and 2008.
same periods. At trade date, the transferring bank notifies the Office of Finance of a change in primary obligor for the transferred debt.
Advances sold or transferred
No advances were transferred/sold to the FHLBNY or from the FHLBNY to another FHLBank in the current yearfirst quarter of 2010 or prior year three quarters ended September 30.in 2009.
MPF Program
In the MPF program, the FHLBNY may participate out certain portions of its purchases of mortgage loans from its members. Transactions are at market rates. The FHLBank of Chicago, the MPF provider’s cumulative share of interest in the FHLBNY’s MPF loans at March 31, 2010 and December 31, 2009 was $96.4 million and $101.2 million from inception of the program through mid-2004. Since 2004, the FHLBNY has not shared its purchases with the FHLBank of Chicago. Fees paid to the FHLBank of Chicago were $0.1 million in the first quarter of 2010 and 2009.
Mortgage-backed Securities
No mortgage-backed securities were acquired from other FHLBanks during the periods in this report.
Intermediation
Notional amounts of $330.0 million and $320.0 million were outstanding at March 31, 2010 and December 31, 2009 in which the FHLBNY acted as an intermediary to sell derivatives to members. The amounts include offsetting identical transactions with unrelated derivatives counterparties. Net fair value exposures of these transactions at March 31, 2010 and December 31, 2009 were not material. The intermediated derivative transactions were fully collateralized.
Loans to other Federal Home Loan Banks
In the current year third quarter, the FHLBNY extended an overnight loan of $400.0 million to another FHLBank for one day. No loans were made to another FHLBank in the current year prior two quarters. In the prior year, the Bank made four overnight loans for a total of $661.0 million. Generally, loans made to other FHLBanks are uncollateralized.
Borrowingsand borrowings from other Federal Home Loan Banks
In the current year three quarters,first quarter, the FHLBNY extended one overnight loan of $27.0 million to another FHLBank. There were no overnight loans made to other FHLBanks during the first quarter of 2009. Generally, loans made to other FHLBanks are uncollateralized. Interest income from such loans were not significant in any period in this report.

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In the current year first quarter or at December 31, 2009, the FHLBNY had not borrowed funds from another FHLBank that were material. In the prior year three quarters, the FHLBNY had borrowed eight overnight loans for a total of $1.3 billion.FHLBank. The FHLBNY borrows from other FHLBanks, generally for a period of one day andday. Such borrowings are not collateralized.uncollateralized.

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The following tables summarize outstanding balances with related parties at September 30, 2009March 31, 2010 and December 31, 2008,2009, and transactions for each of the threeperiods ended March 31, 2010 and nine months ended September 30, 2009 and 2008 (in thousands):
Related Party: Outstanding Assets, Liabilities and Capital
                                
 September 30, 2009 December 31, 2008  March 31, 2010 December 31, 2009 
 Related Unrelated Related Unrelated  Related Unrelated Related Unrelated 
Assets
  
Cash and due from banks $ $1,189,158 $ $18,899  $ $1,167,824 $ $2,189,252 
Interest-bearing deposits    12,169,096 
Federal funds sold  3,900,000     3,130,000  3,450,000 
Available-for-sale securities  2,362,592  2,861,869   2,654,814  2,253,153 
Held-to-maturity securities  
Long-term securities  10,478,027  10,130,543   9,776,282  10,519,282 
Certificates of deposit  2,000,000  1,203,000 
Advances 95,944,732  109,152,876   88,858,753  94,348,751  
Mortgage loans 1
  1,336,228  1,457,885   1,287,770  1,317,547 
Accrued interest receivable 308,036 46,898 433,755 59,101  280,241 40,489 299,684 40,826 
Premises, software, and equipment  14,596  13,793   14,046  14,792 
Derivative assets2
  9,092  20,236   9,246  8,280 
Other assets3
 237 14,720 153 18,685  157 19,604 179 19,160 
                  
  
Total assets
 $96,253,005 $21,351,311 $109,586,784 $27,953,107  $89,139,151 $18,100,075 $94,648,614 $19,812,292 
                  
  
Liabilities and capital
  
Deposits $2,275,971 $ $1,451,978 $  $7,976,922 $ $2,630,511 $ 
Consolidated obligations  108,056,080  128,586,611   92,224,159  104,835,617 
Mandatorily redeemable capital stock 127,882  143,121   105,192  126,294  
Accrued interest payable 42 337,179 814 425,330  4 330,711 16 277,772 
Affordable Housing Program4
 144,822  122,449   145,660  144,489  
Payable to REFCORP  38,692  4,780   13,873  24,234 
Derivative liabilities2
  871,744  861,660   850,911  746,176 
Other liabilities5
 27,125 63,990 31,003 44,750  31,200 184,968 29,330 43,176 
                  
  
Total liabilities
 $2,575,842 $109,367,685 $1,749,365 $129,923,131  $8,258,978 $93,604,622 $2,930,640 $105,926,975 
                  
  
Capital
 5,660,789  5,867,395   5,375,626  5,603,291  
                  
  
Total liabilities and capital
 $8,236,631 $109,367,685 $7,616,760 $129,923,131  $13,634,604 $93,604,622 $8,533,931 $105,926,975 
                  
   
1 Includes insignificant amounts of mortgage loans purchased from members of another FHLBank.
 
2 Derivative assets and liabilities include insignificant fair values due to intermediation activities on behalf of members.
 
3 Includes insignificant amounts of miscellaneous assets that are considered related party.
 
4 Represents funds not yet disbursed to eligible programs.
 
5 Related column includes member pass-through reserves at the Federal Reserve Bank.

 

6873


Related Party: Income and Expense transactions
                                
 Three months ended  Three months ended 
 September 30, 2009 September 30, 2008  March 31, 2010 March 31, 2009 
 Related Unrelated Related Unrelated  Related Unrelated Related Unrelated 
Interest income  
Advances $240,573 $ $678,896 $  $149,640 $ $502,222 $ 
Interest-bearing deposits 1
  1,014  3,240   830  8,918 
Federal funds sold  1,864  21,316   1,543  68 
Available-for-sale securities  6,590  24,441   5,764  8,519 
Held-to-maturity securities  
Long-term securities  111,232  138,412   98,634  126,820 
Certificates of deposit  851  51,287     508 
Mortgage loans2
  17,405  19,316   16,741  19,104 
Loans to other FHLBanks and other 1  30  
                  
  
Total interest income
 $240,574 $138,956 $678,926 $258,012  $149,640 $123,512 $502,222 $163,937 
                  
 
Interest expense  
Consolidated obligations $ $223,355 $ $769,703  $ $164,570 $ $433,085 
Deposits 516  7,370   892  777  
Mandatorily redeemable capital stock 1,807  1,950   1,495  878  
Cash collateral held and other borrowings   2 240     37 
                  
  
Total interest expense
 $2,323 $223,355 $9,322 $769,943  $2,387 $164,570 $1,655 $433,122 
                  
  
Service fees $1,101 $ $934 $  $1,045 $ $985 $ 
                  
   
1 Includes de minimis amounts of interest income from MPF service provider.
 
2 Includes de minimis amounts of mortgage interest income from loans purchased from members of another FHLBank.
                 
  Nine months ended 
  September 30, 2009  September 30, 2008 
  Related  Unrelated  Related  Unrelated 
Interest income                
Advances $1,094,089  $  $2,211,823  $ 
Interest-bearing deposits 1
     19,054      17,086 
Federal funds sold     1,933      69,921 
Available-for-sale securities     22,881      57,016 
Held-to-maturity securities                
Long-term securities     355,916      396,660 
Certificates of deposit     1,392      212,525 
Mortgage loans2
     54,679      58,348 
Loans to other FHLBanks and other  1      33    
             
                 
Total interest income
 $1,094,090  $455,855  $2,211,856  $811,556 
             
                 
Interest expense                
Consolidated obligations $  $956,923  $  $2,511,381 
Deposits  2,002      33,235    
Mandatorily redeemable capital stock  5,478      8,884    
Cash collateral held and other borrowings     49   162   820 
             
                 
Total interest expense
 $7,480  $956,972  $42,281  $2,512,201 
             
                 
Service fees $3,181  $  $2,422  $ 
             
1Includes de minimis amounts of interest income from MPF service provider.
2Includes de minimis amounts of mortgage interest income from loans purchased from members of another FHLBank.

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Note 19.20. Segment information and concentration
The FHLBNY manages its operations as a single business segment. Management and the FHLBNY’s Board of Directors review enterprise-wide financial information in order to make operating decisions and assess performance. Advances to large members constitute a significant percentage of FHLBNY’s advance portfolio and its source of revenues.
The FHLBNY has a unique cooperative structure and is owned by member institutions located within a defined geographic district. The Bank’s market is the same as its membership district which includes New Jersey, New York, Puerto Rico, and the U.S. Virgin Islands. Institutions that are members of the FHLBNY must have their principal places of business within this market, but may also operate elsewhere. The FHLBNY’s primary business is making low-cost, collateralized loans, known as “advances,” to its members. Members use advances as a source of funding to supplement their deposit-gathering activities. As a cooperative, the FHLBNY prices advances at minimal net spreads above the cost of its funding to deliver maximum value to members. Advances to large members constitute a significant percentage of FHLBNY’s advance portfolio and its source of revenues.
The FHLBNY’s total assets and capital could significantly decrease if one or more large members were to withdraw from membership or decrease business with the Bank. Members might withdraw or reduce their business as a result of consolidating with an institution that iswas a member of another FHLBank, or for other reasons. The FHLBNY has considered the impact of losing one or more large members. In general, a withdrawing member would be required to repay all indebtedness prior to the redemption of its capital stock. Under current conditions, the FHLBNY does not expect the loss of a large member to impair its operations, since the FHLBank Act of 1999 does not allow the FHLBNY to redeem the capital of an existing member if the redemption would cause the FHLBNY to fall below its capital requirements. Consequently, the loss of a large member should not result in an inadequate capital position for the FHLBNY. However, such an event could reduce the amount of capital that the FHLBNY has available for continued growth. This could have various ramifications for the FHLBNY, including a possible reduction in net income and dividends, and a lower return on capital stock for remaining members.

 

7074


The top fiveten advance holders at September 30, 2009,March 31, 2010, December 31, 20082009 and September 30, 2008,March 31, 2009, and associated interest income for the periods then ended are summarized as follows (dollars in thousands):
                                      
 September 30, 2009  March 31, 2010 
 Percentage of    Percentage of   
 Par Total Par Value Interest Income  Par Total Par Value   
 City State Advances of Advances Three months Nine months  City State Advances of Advances Interest Income 
        
Hudson City Savings Bank 1
 Paramus NJ $17,325,000  18.9% $178,896 $532,100 
Hudson City Savings Bank, FSB* Paramus NJ $17,275,000  20.3% $174,759 
Metropolitan Life Insurance Company New York NY 14,280,000 15.6 84,277 279,360  New York NY 13,555,000 15.9 72,407 
New York Community Bank 1
 Westbury NY 8,148,476 8.9 78,413 233,129 
New York Community Bank* Westbury NY 7,343,172 8.6 75,913 
Manufacturers and Traders Trust Company Buffalo NY 5,493,756 6.0 19,133 83,856  Buffalo NY 4,755,523 5.6 11,754 
The Prudential Life Insurance Company of America Newark NJ 3,500,000 3.8 22,448 71,473 
           
The Prudential Insurance Company of America Newark NJ 3,500,000 4.1 21,577 
Astoria Federal Savings and Loan Assn. Lake Success NY 2,984,000 3.5 28,487 
Valley National Bank Wayne NJ 2,271,500 2.7 24,716 
Doral Bank San Juan PR 2,119,420 2.5 19,258 
New York Life Insurance Company New York NY 2,000,000 2.4 3,075 
MetLife Bank, N.A. Bridgewater NJ 1,894,500 2.2 11,693 
              
Total
   $48,747,232  53.2% $383,167 $1,199,918      $57,698,115  67.8% $443,639 
                      
   
1* Officer of member bank also serves on the Board of Directors of the FHLBNY.
                   
  December 31, 2008 
            Percentage of    
        Par  Total Par Value  Interest 
  City State  Advances  of Advances  Income 
                   
Hudson City Savings Bank 1
 Paramus NJ $17,525,000   17.0% $671,146 
Metropolitan Life Insurance Company New York NY  15,105,000   14.6   260,420 
Manufacturers and Traders Trust Company Buffalo NY  7,999,689   7.7   257,649 
New York Community Bank Westbury NY  7,796,517   7.5   337,019 
Astoria Federal Savings and Loan Assn. Long Island City NY  3,738,000   3.6   151,066 
                
                   
Total
       $52,164,206   50.4% $1,677,300 
                
1As of December 31, 2008 Officer of member bank also served on the Board of Directors of the FHLBNY.
                                      
 September 30, 2008  December 31, 2009 
 Percentage of    Percentage of   
 Par Total Par Value Interest Income  Par Total Par Value   
 City State Advances of Advances Three months Nine months  City State Advances of Advances Interest Income 
        
Hudson City Savings Bank 1
 Paramus NJ $16,775,000  16.5% $174,289 $494,241 
Hudson City Savings Bank, FSB* Paramus NJ $17,275,000  19.0% $710,900 
Metropolitan Life Insurance Company New York NY 10,230,000 10.1 52,746 151,855  New York NY 13,680,000 15.1 356,120 
New York Community Bank Westbury NY 8,513,619�� 8.4 80,807 257,201 
New York Community Bank* Westbury NY 7,343,174 8.1 310,991 
Manufacturers and Traders Trust Company Buffalo NY 8,204,802 8.1 63,175 192,037  Buffalo NY 5,005,641 5.5 97,628 
Merrill Lynch Bank & Trust Co., FSB New York NY 6,200,000 6.1 14,891 32,494 
           
The Prudential Insurance Company of America Newark NJ 3,500,000 3.9 93,601 
Astoria Federal Savings and Loan Assn. Lake Success NY 3,000,000 3.3 120,870 
Emigrant Bank New York NY 2,475,000 2.7 64,131 
Doral Bank San Juan PR 2,473,420 2.7 86,389 
MetLife Bank, N.A. Bridgewater NJ 2,430,500 2.7 46,142 
Valley National Bank Wayne NJ 2,322,500 2.6 103,707 
              
Total
   $49,923,421  49.2% $385,908 $1,127,828      $59,505,235  65.6% $1,990,479 
                      
   
1* AsAt December 31, 2009, officer of September 30, 2008 Officermember bank also served on the Board of Directors of the FHLBNY.
                 
  March 31, 2009 
          Percentage of    
      Par  Total Par Value    
  City State Advances  of Advances  Interest Income 
                 
Hudson City Savings Bank, FSB* Paramus NJ $17,575,000   17.7% $176,070 
Metropolitan Life Insurance Company New York NY  15,105,000   15.2   103,306 
New York Community Bank* Westbury NY  8,143,214   8.2   77,380 
Manufacturers and Traders Trust Company Buffalo NY  7,479,282   7.5   36,499 
The Prudential Insurance Company of America Newark NJ  4,500,000   4.5   24,618 
MetLife Bank, N.A. Bridgewater NJ  3,812,000   3.8   10,811 
Astoria Federal Savings and Loan Assn. Lake Success NY  3,110,000   3.1   31,667 
Emigrant Bank New York NY  2,475,000   2.5   15,925 
Valley National Bank Wayne NJ  2,445,500   2.5   27,178 
Doral Bank San Juan PR  2,334,500   2.3   22,298 
              
Total
     $66,979,496   67.3% $525,752 
              
*At March 31, 2009, officer of member bank also served on the Board of Directors of the FHLBNY.

 

7175


The following table summarizes capital stock held by members who were beneficial owners of more than 5%5 percent of the FHLBNY’s outstanding capital stock as of September 30, 2009March 31, 2010 and December 31, 20082009 (shares in thousands):
                  
 Number Percent  Number Percent 
 September 30, 2009 of shares of total  March 31, 2010 of shares of total 
Name of beneficial owner Principal Executive Office Address owned capital stock  Principal Executive Office Address owned capital stock 
Hudson City Savings Bank1
 West 80 Century Road Paramus, NJ 07652 8,770  16.64%
   
Hudson City Savings Bank * West 80 Century Road, Paramus, NJ 07652 8,748  17.73%
Metropolitan Life Insurance Company 200 Park Ave New York, NY 10166 7,689 14.59  200 Park Avenue, New York, NY 10166 7,363 14.93 
New York Community Bank1
 615 Merrick Ave Westbury, NY 11590 4,140 7.85 
New York Community Bank * 615 Merrick Avenue, Westbury, NY 11590 3,777 7.66 
Manufacturers and Traders Trust Company One M&T Plaza Buffalo, NY 14203 3,174 6.02  One M&T Plaza, Buffalo, NY 14203 2,837 5.75 
              
      
   23,773  45.10%   22,725  46.07%
              
           
    Number  Percent 
  December 31, 2009 of shares  of total 
Name of beneficial owner Principal Executive Office Address owned  capital stock 
           
Hudson City Savings Bank* West 80 Century Road, Paramus, NJ 07652  8,748   16.87%
Metropolitan Life Insurance Company 200 Park Avenue, New York, NY 10166  7,419   14.31 
New York Community Bank* 615 Merrick Avenue, Westbury, NY 11590  3,777   7.28 
Manufacturers and Traders Trust Company One M&T Plaza, Buffalo, NY 14203  2,952   5.69 
         
           
     22,896   44.15%
         
   
1* Officer of member bank also serves on the Board of Directors of the FHLBNY.
           
    Number  Percent 
  December 31, 2008 of shares  of total 
Name of beneficial owner Principal Executive Office Address owned  capital stock 
Hudson City Savings Bank* West 80 Century Road, Paramus, NJ 07652  8,656   15.11%
Metropolitan Life Insurance Company 200 Park Ave., New York, NY 10166  8,302   14.49 
Manufacturers and Traders Trust Company One M & T Plaza, Buffalo, NY 14203  4,327   7.55 
New York Community Bank 615 Merrick Avenue, Westbury, NY 11590  3,928   6.86 
         
           
     25,213   44.01%
         
*As of December 31, 2008, officer of member bank served as a member of the Board of Directors of the FHLBNY.

72


Note 20.21. Subsequent events
SubsequentUnder the final guidance issued by the FASB in February 2010, subsequent events for the FHLBNY are events or transactions that occur after the balance sheet date but before financial statements are issued or are available to be issued. There are two types of subsequent events:
a. The first type consists of events or transactions that provide additional evidence about conditions that existed at the date of the balance sheet, including the estimates inherent in the process of preparing financial statements (that is, recognized subsequent events).
b. The second type consists of events that provide evidence about conditions that did not exist at the date of the balance sheet but arose after that date (that is, nonrecognized subsequent events).

The FHLBNY has evaluated subsequent events through November 13, 2009, which is the date its interim financial statementsof this report and no significant subsequent events were issued.

Monoline support- Of the 15 securities determined to have OTTI, 11 are insured by Ambac Assurance Corp, and two are insured by MBIA Insurance Corp. The Bank analyzed the bond insurers as going-concerns as well as their financial strength to assess their ability to perform under their contractual obligations for the securities owned by the FHLBNY. All bond insurers are currently performing under the terms of their contractual agreements with respect to the FHLBNY’s insured bonds. However, estimation of an insurer’s financial strength over a long time horizon requires significant judgment and assumptions. The estimation process includes predicting when the insurers may no longer have the ability to perform under their contractual agreements and then comparing the timing and amounts of cash flow shortfalls of securities that are credit impaired to when insurer protection may not be available.

The Bank’s “Bond insurer analysis” is outlined under Significant Accounting Policies and Estimates in Note 1, and in Note 4 Held-to-maturity securities, and the analysis concluded at September 30, 2009 that the projected time horizon for Ambac Assurance Corp to provide full insurance protection with respect to 11 insured bonds was 83 months, or through July 31, 2016. For two bonds insured by MBIA Insurance Corp., full protection was projected to be provided for 31 months, or through March 31, 2012. The Bank refers to these dates as the “guarantee ignore dates”, implying that security cash flow shortfalls after that date would not receive any credit protection from the two bond insurers.

On November 9, 2009, Ambac Financial Group Inc., the parent company of Ambac Assurance Corp., and MBIA Inc., the parent company of MBIA Insurance Corp., issued interim financial statements for the quarter ended September 30, 2009. The FHLBNY’s review of the interim financial statements noted the worsening operating conditions of the parent companies. The Bank’s monoline analysis and methodology relies on the claims paying ability of Ambac Assurance Corp and MBIA Insurance Corp to project the “guarantee ignore dates” described above, and based on publicly available financial information, the Bank’s monoline analysis did not indicate that any significant changes to the “guarantee ignore dates” were warranted.

As a result of the issuance of the interim financial statements of MBIA Inc., and Ambac Financial Group Inc., there have been a series of articles in the financial news media about the worsening financial condition of the two bond insurers. An article purported that Ambac Financial Group Inc., was likely to file for bankruptcy protection. State insurance regulators indicated that the insurance subsidiary (Ambac Assurance Corp.) was not subject to federal bankruptcy proceedings and that state law would govern. The FHLBNY prepared an analysis of its exposure on the basis of a scenario in which one or both bond insurers would cease to cover any cash flow shortfalls on the FHLBNY’s insured MBS. The analysis indicated that under this scenario, the FHLBNY would have recognized additional credit losses of approximately $7.0 million on a pre-assessment basis as of September 30, 2009.

Termination of nonqualified supplemental pension plans —Three nonqualified supplemental pension plans were terminated effective November 10, 2009, and will have no effect on the Bank’s financial results, financial position or cash flows for all reported periods.

identified.

 

7376


Item 2. MANAGEMENT’S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS
Item 2.Management’s Discussion and Analysis of Financial Condition and Results of Operations.
Forward-Looking Statements
Statements contained in this report, including statements describing the objectives, projections, estimates, or predictions of the Federal Home Loan Bank of New York (“FHLBNY” or “Bank”), may be “forward-looking statements.” All statements other than statements of historical fact are statements that could potentially be forward-looking statements. These statements may use forward-looking terminology, such as “anticipates,” “believes,” “could,” “estimates,” “may,” “should,” “will,” or other variations on these terms or their negatives. These statements may involve matters pertaining to, but not limited to: projections regarding revenue, income, earnings, capital expenditures, dividends, the capital structure and other financial items; statements of plans or objectives for future operations; expectations of future economic performance; and statements of assumptions underlying certain of the foregoing types of statements.
The Bank cautions that, by their nature, forward-looking statements involve risks or uncertainties, and actual results could differ materially from those expressed or implied in these forward-looking statements or could affect the extent to which a particular objective, projection, estimate, or prediction is realized. As a result, readers are cautioned not to place undue reliance on such statements, which are current only as of the date thereof. The Bank will not undertake to update any forward-looking statement herein or that may be made from time to time on behalf of the Bank.
These forward-looking statements may not be realized due to a variety of risks and uncertainties including, but not limited, to risks and uncertainties relating to economic, competitive, governmental, technological and marketing factors, as well as other factors identified in the Bank’s filings with the Securities and Exchange Commission.

 

7477


Organization of Management’s Discussion and Analysis (“MD&A”).
The FHLBNY’s MD&A is designed to provide information that will assist the readers in better understanding the FHLBNY’s financial statements, the changes in key items in the Bank’s financial statements from year to year, the primary factors driving those changes as well as how accounting principles affect the FHLBNY’s financial statements. The MD&A is organized as follows:
Page
80
81
84
86
88
88
90
92
93
99
102
106
107
110
116
123
124
125
134
136
140
164
167
171
172

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MD&A TABLE REFERENCE
       
Table Description Page 
 Selected Financial Data  86 
1 Interest Income — Principal Sources  90 
2 Impact of Interest Rate Swaps on Interest Income Earned from Advances  90 
3 Interest Expenses — Principal Categories  92 
4 Impact of Interest Rate Swaps on Consolidated Obligation Interest Expense  93 
5 Components of Net Interest Income  94 
6 Net Interest Adjustments from Hedge Qualifying Interest-Rate Swaps  96 
7 GAAP Versus Economic Basis — Contrasting Net Interest Income, Net Income Spread and Return on Earning Assets  96 
8 Spread and Yield Analysis  97 
9 Rate and Volume Analysis  98 
10 Other Income  100 
11 Earnings Impact of Derivatives — By Hedge Type  102 
12 Gains/(Losses) Reclassified from AOCI to Current Period Income from Cash Flow Hedges  105 
13 Other Expenses  106 
14 Operating Expenses  106 
15 Statements of Condition  107 
16 Advances by Product Type  111 
17 Investments by Categories  117 
18
 Mortgage-Backed Securities — By Issuer  117 
19 Available-for-Sale Securities Composition  118 
20 External Rating of the Held-to-Maturity Portfolio  119 
21 External Rating of the Available-for-Sale Portfolio  119 
22 Mortgage-Backed Securities Weighted Average Rates by Contractual Maturities  120 
23 Mortgage Loans by Loan Type  123 
24 Consolidated Obligation Bonds by Type  128 
25 Discount Notes Outstanding  133 
26 Roll-Forward Mandatorily Redeemable Capital Stock  135 
27 Derivative Hedging Strategies  137 
28 Derivatives Financial Instruments by Hedge Designation  138 
29 Derivative Financial Instruments by Product  139 
30 Advances and Mortgage Loan Portfolios  140 
31 Collateral Supporting Advances to Members  143 
32 Collateral Supporting Member Obligations Other Than Advances  143 
33 Location of Collateral Held  144 
34 Concentration analysis — Top Ten Advance Holders  145 
35 Period-Over-Period Change in Investments  146 
36 NRSRO Held-to-Maturity Securities  147 
37 NRSRO Available-for-Sale Securities  149 
38 Carrying Value Basis of Held-to-Maturity Mortgage-Backed Securities by Issuer  151 
39 Non-Agency Private Label Mortgage Securities  152 
40 OTTI 2010 First Quarter  153 
41 Monoline Insurance of PLMBS  153 
42 PLMBS by Year of Securitization and External Rating  154 
43 Weighted-Average Market Price of MBS  156 
44 PLMBS Security Types Delinquencies  157 
45 Roll-Forward First Loss Account  158 
46 Mortgage Loans — Past Due  159 
47 Mortgage Loans — Interest Short-Fall  159 
48 Mortgage Loans — Allowance for Credit Losses  159 
49 Top Five Participating Financial Institutions — Concentration  160 
50 Credit Exposure by Counterparty Credit Rating  162 
51 Contractual Obligations and Other Commitments  166 
52 Deposit Liquidity  168 
53 Operational Liquidity  168 
54 Contingency Liquidity  169 
55 Unpledged Asset  170 
56 FHFA MBS Limits  170 
57 FHLBNY Ratings  171 

79


Executive Overview
This overview of management’s discussion and analysis highlights selected information and may not contain all of the information that is important to readers of this Form 10-Q. For a more complete understanding of events, trends and uncertainties, as well as the liquidity, capital, credit and market risks, and critical accounting estimates, affecting the Federal Home Loan Bank of New York (“FHLBNY” or “Bank”), this Form 10-Q should be read in its entirety and in conjunction with the Bank’s most recent Form 10-K filed on March 27, 2009.25, 2010.

80


Cooperative business model. As a cooperative, the FHLBNY seeks to maintain a balance between its public policy mission and its ability to provide adequate returns on the capital supplied by its members. The FHLBNY achieves this balance by delivering low-cost financing to members to help them meet the credit needs of their communities and by paying a dividend on the members’ capital stock. Reflecting the FHLBNY’s cooperative nature, the FHLBNY’s financial strategies are designed to enable the FHLBNY to expand and contract in response to member credit needs. The FHLBNY invests its capital in high quality, short- and intermediate-termmedium-term financial instruments. This strategy allows the FHLBNY to maintain sufficient liquidity to satisfy member demand for short- and long-term funds, repay maturing consolidated obligations, and meet other obligations. The dividends paid by FHLBNY are largely the result of the FHLBNY’s earnings on invested member capital, net earnings on advances to members, mortgage loans and investments, offset in part by the FHLBNY’s operating expenses and assessments. FHLBNY’s board of directors and management determine the pricing of member credit and dividend policies based on the needs of its members and the cooperative.
Historical Perspective. The fundamental business of the FHLBNY is to provide member institutions and housing associates with advances and other credit products in a wide range of maturities to meet their needs. Congress created the FHLBanks in 1932 to improve the availability of funds to support home ownership. Although the FHLBanks were initially capitalized with government funds, members have provided all of the FHLBanks’ capital for over 50 years.
To accomplish its public purpose, the FHLBanks, including the FHLBNY, offer a readily available, low-cost source of funds, called advances, to member institutions and certain housing associates. Congress originally granted access to advances only to those institutions with the potential to make and hold long-term, amortizing home mortgage loans. Such institutions were primarily federally and state chartered savings and loan associations, cooperative banks, and state-chartered savings banks (thrift institutions). FHLBanks and its member thrift institutions are an integral part of the home mortgage financing system in the United States.
However, a variety of factors, including a severe recession, record-high interest rates, and deregulation, resulted in significant financial losses for thrift institutions in the 1980s. In response to the significant cost borne by the American taxpayer to resolve the failed thrift institutions, Congress restructured the home mortgage financing system in 1989 with the passage of the Financial Institutions Reform, Recovery and Enforcement Act (“FIRREA”). Through this legislation, Congress reaffirmed the housing finance mission of the FHLBanks and expanded membership eligibility in the FHLBanks to include commercial banks and credit unions with a commitment to housing finance.
Different FHLBank Business Strategies. Each FHLBank is operated as a separate entity with its own management, employees and board of directors. In addition, all FHLBanks operate under the Finance Agency’s supervisory and regulatory framework. However, each FHLBank’s management and board of directors determine the best approach for meeting its business objectives and serving its members. As such, the management and board of directors of each FHLBank have developed different business strategies and initiatives to fulfill that FHLBank’s mission, and they re-evaluate these strategies and initiatives from time to time.

75


Business segment.The FHLBNY manages its operations as a single business segment. Advances to members are the primary focus of the FHLBNY’s operations and the principal factor that impacts its operating results. The FHLBNY is exempt from ordinary federal, state, and local taxation except for local real estate tax. It is required to make payments to the Resolution Funding Corporation (“REFCORP”), and set aside a percentage of its income towards an Affordable Housing Program (“AHP”). Together they are referred to as assessments.

80


Explanation of the use of certain non-GAAP measures of Interest Income and Expense, Net Interest income and margin.The FHLBNY has presented its results of operations in accordance with U.S. generally accepted accounting principles. The FHLBNY has also presented certain information regarding its Interest Income and Expense, Net Interest income and Net Interest spread that combines interest expense on debt with net interest paid on interest rate swaps associated with debt that were hedged on an economic basis. These are non-GAAP financial measures used by management that the FHLBNY believes are useful to investors and members of the FHLBNY in understanding the Bank’s operational performance and business and performance trends. Although the FHLBNY believes these non-GAAP financial measures enhance investor and members’ understanding of the Bank’s business and performance, these non-GAAP financial measures should not be considered an alternative to GAAP. When discussing non-GAAP measures, the Bank has provided GAAP measures in parallel.
ThirdFirst Quarter 20092010 Highlights
The FHLBNY reported current year third quarter Net income of $140.2$53.6 million, or $2.70 per share, compared with $39.8 million, or $0.79$1.09 per share for the prior year third quarter.2010 first quarter compared with Net income of $148.1 million or $2.72 per share for the same period in 2009. The return on average equity, which is Net income divided by average Capital stock, Retained earnings, and Accumulated other comprehensive income (loss) (“AOCI”), was 3.99% for the 2010 first quarter compared with 10.37% for the same period in 2009.
Net income contracted due to significant decline in Net interest income. Net interest income was $106.2 million in the 2010 first quarter, down from $231.4 million, or a decline of 54.1% from the same period in 2009. Net interest spread, which is the difference between yields on interest-earning assets and yields on interest-costing liabilities, contracted by 27 basis points in the 2010 first quarter over the same period in 2009. Net interest income and net interest margin contracted to levels more typical of the years before 2009, primarily because the Bank’s funding advantage weakened in the 2010 first quarter. Weighted-average bond funding costs deteriorated, with March 2010 witnessing the lowest weighted-average monthly bond pricing spreads. For the FHLBank discount notes, spreads to LIBOR have narrowed considerably and its relative funding advantage ended in the 2010 first quarter. In much of 2009, discount notes had been successfully utilized when such debt could be issued at wide advantageous spreads to LIBOR, and was one source of the funding advantage in 2009.
Another factor that contributed to the decline in Net interest income was the compression of swapped funding levels of FHLBank consolidate bonds to LIBOR. The FHLBNY uses interest rate swaps to effectively change the repricing characteristics of a significant portion of its fixed-rate advances and consolidated obligation debt to match shorter-term LIBOR rates that reprice at intervals of three-month or less. When the Bank executes an interest rate swap to change the fixed payments on its debt to a LIBOR indexed floating rate, the spread between the fixed payments and the LIBOR floating cash receipts results in the FHLBNY’s effective funding cost. Consequently, the current level of spread between the 3-month LIBOR rate and the swap rate for a fixed-rate FHLBank debt has an impact on the FHLBNY’s profitability. This spread differential has contracted adversely for the current year thirdBank and the impact has been to increase the funding cost for the FHLBNY in the 2010 first quarter.
Further spread compression was caused by decline in short-term interest rates in the 2010 first quarter. and had an adverse impact on interest income earned from the deployment of members’ capital and net non-interest bearing liabilities (“deployed capital”). Deployed capital is typically utilized to fund short-term, liquid investments, and the yields from such assets declined steeply in the 2010 first quarter compared to the same period in 2009. As an illustration, the 3-month LIBOR was 29.2 basis points at March 31, 2010, significantly lower than 119.2 basis points at March 31, 2009.

81


Decline in business volume as measured by average member advances outstanding was yet another factor contributing to lower Net interest income in the 2010 first quarter. Average outstanding advances in the 2010 first quarter was $91.4 billion down from $105.3 billion in the same period in 2009.
In the 2010 first quarter, the FHLBNY identified credit impairment on five of its private-label mortgage-backed securities. Cash flow assessments of the expected credit performance of the five securities resulted in the recognition of $3.4 million as other-than-temporary impairment (“OTTI”) and was a charge to earnings. All five securities had been previously determined to be OTTI in 2009, and the re-impairment in the 2010 first quarter was due to further deterioration in the performance parameters of the five securities. Although all five securities are insured by bond insurers, Ambac (four securities) and MBIA (one security), the Bank’s analysis of the two bond insurers concluded that for the five insured securities, future credit losses due to projected collateral shortfalls would not be fully supported by the two bond insurers. In the same period in 2009, OTTI of $5.3 million in credit impairment was charged to earnings. For more information about impairment methodology and bond insurer analysis, see Note 1 — Significant Accounting Policies and Estimates and Note 4 — Held-to-maturity securities.
The 2010 first quarter Net income benefited from $59.6lower net losses from derivative and hedging activities. The FHLBNY recorded $0.4 million fairof net losses in the 2010 first quarter, in contrast to net losses of $13.7 million in the same period in 2009. Almost all changes between the two periods were unrealized market value gains principallyadjustments that resulted from favorable fair value(1) hedge ineffectiveness - interest rate changes that affected the market values of interest rate swaps differently than the market values of the hedged risk, and interest rate caps(2) derivative designated inas economic hedges — When derivatives are designated as economic hedges, changes in the fair values of certain GSE floating-rate MBS.the derivatives are marked to fair value through earnings with no offsetting changes in fair values of the hedged financial instruments (“sometimes referred to as one-sided marks”). In the 2010 first quarter, the Bank recorded fair value net losses of $8.4 million on $6.8 billion of consolidated obligation debt that were designated under the Fair valueValue Option (“FVO”), compared to net gains of $8.3 million in the 2009 first quarter. Fair values of such fixed-rate consolidated bonds declined as market interest rates for the debt declined relative to the actual coupon rates of the debt. The bonds were economically hedged by interest rate swaps, and were primarily from swaps that had maturedlargely offset by recorded fair value gains on the swaps.
In general, the FHLBNY holds derivatives and associated hedged instruments, and consolidated obligation debt at fair values under the FVO, to the maturity, call, or were nearing maturity.put dates. When interest rate swapssuch financial instruments are held to their contractual maturity (or put/call dates), nearly all of the cumulative net fair value gains and losses that are unrealized will generally reverse over time, and fair value changes will sum to zero. Favorable fair value changes of purchased caps also designated as an economic hedgeIn limited instances, the FHLBNY may terminate these instruments prior to maturity or prior to call or put dates, which would result in a realized gain or loss.
Operating Expenses of the balance sheetFHLBNY were also a significant component of$19.2 million for the recorded gains in the current year third quarter. Long-term rates have been rising and in this interest rate environment, purchased caps will show favorable fair value gains. Such gains are unrealized and will also reverse if the caps are held to their contractual maturities.
Net interest income in the current year third2010 first quarter, was $153.3 million, slightly lower than $157.7up from $18.1 million in the prior year period. Net interest income is the primary contributor to Net Incomesame period in 2009. The FHLBNY was also assessed for the FHLBNY. Favorable increases from higher intermediation volumeits share of interest-bearing assets, principally advance volume, was offset by the impact of unfavorable rate related changes in the current year third quarter compared to prior year period. The Bank earned considerably lower interest income from investing its members’ capital to fund interest-earning assets in the low interest rate environment in the current year third quarter. The cost of debt, relative to yields from invested assets, continued to decline, and the interest margin in the current year third quarter widened from the prior year period and partly offset the unfavorable impact of rate related changes, although margins appear to be gradually narrowing. The Bank funded a significant percentage of its balance sheet assets utilizing a mix of discount notes and short-term debt at advantageous spreads, although the Bank has reduced its reliance on discount notes in the current year quarter because of tightening spreads making discount notes less advantageous. Discount notes have maturities ranging from overnight to 365 days.

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FHLBanks’ issuances of long-term debt continued to be impacted by the general dislocation in the capital markets, and factors outside the control of the FHLBanks have generally made it uneconomical for the FHLBanks to issue longer-term debt. Yields demanded by investors for longer-term FHLBank debt and spreads between 3-month LIBOR and FHLBank long-term debt yield have remained at levels that make it expensive for the FHLBNY to issue term debt and offer longer-term advances to members even if there was sufficient investor demand for such debt. That scenario appears to be gradually changing at least with respect to funding costs for 5-year and shorter maturity debt.
An other-than-temporary impairment (“OTTI”) of $3.7 million was recorded as a charge to earnings recorded in Other income (loss) in the current year third quarter. In the first two quarters, the Bank had also recorded a charge of $10.6 million. In the third quarter, management determined that three held-to-maturity private-label MBS had become credit impaired, and the Bank recognized a credit impairment of $1.5 million. The Bank’s impairment assessment of certain MBS that were previously determined to be OTTI also resulted in the recognition of $2.2 million in additional credit impairment charges, for a total charge of $3.7 million recorded through earnings in the current year. The charges represented the credit loss component of OTTI. The non-credit component of OTTI associated with the impairment in the third quarter was $26.5 million and was recorded as a loss in Accumulated other comprehensive income (loss). Although thirteen of the fifteen securities that have been impaired through the current year third quarter are insured by bond insurers, Ambac and MBIA, the Bank’s analysis of the two bond insurers concluded that future credit losses due to projected collateral shortfalls of the impaired securities would not be fully supported by the two bond insurers. See Significant Accounting Policies and Estimates in Note 1 and Note 4 Held-to-maturity securities for more information about impairment methodology and bond insurer analysis.
Operating Expenses were $17.8 million for the current year third quarter, up by 7.6%, or $1.3 million, from the prior year third quarter. The Bank’s contribution towards the operating expenses offor the Finance Agency and the Office of Finance, and those totaled $2.4 million for the Finance Agency was $1.82010 first quarter, up from $2.0 million in the current year third quarter, up by 35.9% from $1.4 million for the prior year period.same period in 2009.
REFCORP assessments were $35.1assessment payments totaled $13.4 million in current year thirdthe 2010 first quarter, up by $25.1down from $37.0 million in the same period in 2009. Affordable Housing Program (“AHP”) assessments set aside from income totaled $6.1 million in the prior year third quarter. AHP assessments were $15.82010 first quarter, down from $16.6 million up by $11.1 million fromin the prior year period.same period in 2009. Assessments are calculated on Net income before assessments and the increasesdecreases were due to higherthe significant decrease in the 2010 first quarter Net income in current year third quarteras compared to prior year period.same period in 2009. For more information about REFCORP and AHP assessments see the section Assessments in this Form 10-Q.

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Cash dividends of $1.40$1.41 per share of capital stock (5.6% annualized return on capital stock) waswere paid to stockholders in the current year third2010 first quarter. In the 2009 first quarter, compared to cash dividend of $1.62dividends paid were $0.75 per share of capital stock (6.50%(3.0% annualized return on capital stock) paid.
The FHLBNY continued to experience balance sheet contraction, as both its lending and funding declined in the prior year period.2010 first quarter. Advances to member banks declined to $88.9 billion, a level more typical of that before the credit crisis from a peak of approximately $109.1 billion in 2008. The decline has occurred gradually as member banks have taken advantage of improved availability of alternate funding sources such as deposits and senior unsecured borrowings in a more liquid market. Member demand for advances have also declined as loan demand from customers may have stayed lukewarm due to nationally weak economic conditions.
Advances borrowed by members stoodAside from advances, the FHLBNY’s primary earning assets are investment securities portfolios, comprising mainly of GSE and U.S. agency issued mortgage-backed securities (“MBS”). The Bank’s two long-term investment portfolios, comprising of held-to-maturity securities and available-for-sale securities, together totaled $12.4 billion, or 11.6% of Total assets at $95.9March 31, 2010. Investments in MBS in the two portfolios totaled $11.7 billion at September 30, 2009,March 31, 2010. GSE and agency issued MBS were $10.7 billion, or 91.4% of total investments in MBS at March 31, 2010. Only $1.0 billion of private-label MBS remained outstanding. The FHLBNY also has investments in housing-related obligations of state and local governments and their housing finance agencies, which are required to carry ratings of AA or higher at time of acquisition. Such investments totaled $0.7 billion at March 31, 2010. Investment security values have continued to improve, and previously recorded unrealized fair value losses in AOCI on GSE issued MBS reversed, and fair values were a declinenet unrealized gains, albeit small, as liquidity has gradually returned to the market.
The FHLBNY’s capital remains strong. At March 31, 2010, actual risk based capital was $5.6 billion, compared to required risk based capital of $13.2$0.5 billion. To support $107.2 billion fromof Total assets at March 31, 2010, the outstanding balancerequired minimum regulatory capital was $4.3 billion. The FHLBNY’s actual regulatory capital was $5.6 billion at DecemberMarch 31, 2008. Compared2010. Aggregate capital ratios were at 5.23%, more than the 4.0% regulatory minimum. The FHLBNY has prudently retained capital through the period of credit turmoil. Retained earnings, excluding losses in AOCI, has grown to balances$671.5 million at DecemberMarch 31, 2008, short-term fixed-rate advances, adjustable-rate advances, and overnight borrowings declined at September 30, 2009.2010.

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Shareholders’ equity, the sum of Capital stock, Retained earnings, and Accumulated other comprehensive income (loss)AOCI was $5.7$5.4 billion at September 30, 2009,March 31, 2010, a decline of $206.6$227.7 million from December 31, 2008,2009, primarily as a result of the decline in members’ Capital stock. Capital stock at September 30, 2009 was $5.1 billion, a decline of $443.6 million as compared to December 31, 2008. The decrease in Capital stock was consistent with the decrease in advances borrowed by members since members are required to purchase stock as a prerequisite to membership and to hold FHLBNY stock as a percentage of advances borrowed from the FHLBNY. The Bank’s current practice is to redeem stock in excess of the amount necessary to support advance activity on a daily basis. As a result, the amount of capital stock outstanding varies in line with members’ outstanding advance borrowings. Retained earning were $666.2was $671.5 million upat March 31, 2010, slightly lower by $283.4$17.4 million from December 31, 2008.2009. Dividends paid out of retained earnings amounted to $191.4$71.0 million in the current year three quarters,2010 first quarter, compared to $250.1$42.1 million in the prior year periods.
Accumulated other comprehensive income (loss), also a component of shareholders’ equitysame period in 2009. In aggregate, AOCI was a loss of $147.6$123.5 million at September 30, 2009March 31, 2010 compared to a loss of $101.2$144.5 million at December 31, 2008,2009. The non-credit loss component of OTTI of $106.6 million and comprised$110.6 million made up most of net unrealizedthe losses in AOCI at March 31, 2010 and December 31, 2009. Unrecognized losses from cash flow hedging activities and additional liabilities on employee pension plans net unrealized fair value losses on available-for-sale securities,were also reported in AOCI at March 31, 2010 and non-credit component of OTTI on held-to-maturity securities.
Year-to-date 2009 Highlights
The FHLBNY reported year-to-date Net income of $474.8 million, or $8.93 per share, compared with $214.0 million, or $4.55 per share forDecember 31, 2009. For more information about changes in AOCI, see Note 13 to the prior year period.
Net interest income was $583.5 million for the current year period, up $114.8 million to $468.7 million from the prior year period. The primary drivers were (1) an increaseunaudited financial statements in transaction volume in the current year period, and (2) a decline in debt costs relative to earnings from advances to members and investments. Increased use of short-term debt and discount notes, which continued to be issued to investors at advantageous spreads, resulted in improved net interest margin. The favorable gains were partly offset by lower earnings from the deployment of member capital to fund interest earning-assets because of the lower interest rate environment in the current year period.
Net realized and unrealized gain (loss) from derivatives and hedging activities was a gain of $124.6 million in the current period. In contrast, the Bank recorded a loss of $65.2 million from derivatives and hedging activities for the prior year period.
The Bank’s analysis of its investments determined that fifteen held-to-maturity private-label MBS were credit impaired and to be OTTI, and $14.3 million was recorded as a charge to Other income (loss) in the current year period. Although thirteen securities are insured by Ambac and MBIA, the Bank’s analysis of the two bond insurers concluded that future credit losses due to projected collateral shortfalls of the impaired securities would not be fully supported by the two bond insurers. The non-credit component of OTTI recorded in Accumulated other comprehensive income through the third quarter was $103.9 million.this report.

 

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20092010 Business Outlook
The following forward-looking statements are based upon the current beliefs and expectations of the FHLBNY’s management and are subject to risks and uncertainties which could cause the FHLBNY’s actual results to differ materially from those set forth in such forward-looking statements.
The financial crisesFHLBNY expects its earnings to decline in 2010 to levels more typical of the U.S. markets and economy and the global economic slowdown is expected to continue throughyears before 2009, and 2010. The resulting lossprimarily as a result of confidence across global and local markets has created liquidity crises in the financial markets. In response to these circumstances, the U.S. Treasury, the Federal Reserve System and the FDIC have taken a variety of extraordinary measures designed to restore confidence in the financial markets and to strengthen financial institutions, including capital injections, guarantees of bank liabilities and the acquisition of illiquid assets from banks. These U.S. government initiatives through guarantees in the capital markets may have resulted in structural changes in the debt market, which in turn may have far-reaching impactlower net interest margins on the abilityBank’s earnings from core assets, primarily advances and investments in mortgage-backed securities, as the Bank expects continued erosion of the FHLBanks to compete for funds in the financial markets. We areits funding advantages.
Advances— Management is unable at this time to predict the outcometiming and extent of these changes.
The outlook for the remainder of 2009 is also predicated on the direction ofexpected recovery in the U.S. economy, particularly the slowdownrecovery in the housing market, as well as theor an expectation of continued uncertaintiesstability in the financial markets. Against that backdrop, the management of the Bank believes it is also difficult to predict member demand for advances, which areis the primary focus of the FHLBNY’s operations and the principal factor that impacts its operating results. Earnings in 2008 were adversely impacted by the provision for credit losses resulting from the bankruptcy filing of Lehman Brothers Holdings Inc. and its subsidiary Lehman Brothers Special Financing Inc. Bankruptcy proceedings are ongoing.
A credit OTTI charge of $3.7 million was recorded for the FHLBNY’s MBS portfolios in the third quarters of 2009, which increased the cumulative credit impairment losses recognized to $14.3 million through the current year third quarter. Impairment was recorded despite the fact that many of the credit impaired bonds are insured by bond insurers, Ambac and MBIA, because it was deemed unlikely that MBIA and Ambac would be able to perform under their contractual obligations to support all projected future cash flow shortfalls. Without recovery in the near term such that liquidity returns to the mortgage-backed securities market, or if the credit losses of the underlying collateral within the mortgage-backed securities perform worse than expected, or if the presumption of the ability of monoline insurers to support the insured securities that are considered to be dependent on insurance is negatively impacted by their future financial performance, additional other-than-temporary impairment may occur in future periods. Recognition of additional credit impairment would negatively impact the FHLBNY’s Net income.
Generally, the growth or decline in advances is reflective of demand by members for both short-term liquidity and long-term funding driven by economic factors such as availability to the Bank’s members of alternative funding sources that are more attractive, the interest rate environment, and the outlook for the economy. Members may choose to prepay advances, which may incurrequire prepayment fees, based on their expectations of interest rate changes and demand for liquidity. Demand for advances may also be influenced by the dividend payout rate to members on their capital stock investment in the FHLBNY. Members are required to invest in FHLBNY’s capital stock in the form of membership stock and activity-based stock, which a member isstock. Members are required to purchase activity stock in order to borrow advances. Advance volume is also influenced by merger activity where members are either acquired by non-members or acquired by members of another FHLBank. When FHLBNY members are acquired by members of another FHLBank or a non-member, they no longer qualify for membership in the FHLBNY, and the FHLBNYwhich cannot renew outstanding advances or provide new advances to former members.non-members. Subsequent to the merger, maturing advances may not be replaced, which has an immediate impact on short-term and overnight advance lending.lending if the former member borrowed such advances.
Based on business results thus far in 2010, the FHLBNY believes that its members are being cautious in their lending policies despite the relative easing of liquidity and availability of alternative funding sources. If such sentiments continue, the FHLBNY’s book of advance business will continue to decline.
Earnings— In 2010, existing high-yielding fixed-rate MBS and some intermediate-term advances will pay down or mature, and it is unlikely they will be replaced by equivalent high yielding assets, and this will tend lower the overall yield on total assets. The FHLBNY expects general advance demand from members to continue to decline, and specifically, the Bank expects limited demand for large intermediate-term advances because many members have previously filled their needs with the FHLBNY, and other members have significant amounts of intermediate-term advances that were borrowed from the FHLBNY several years ago. The FHLBNY anticipates that such members are probably considering prepaying those borrowings, or to not replacing them at maturity. Members that have expressed interest in intermediate-term borrowing have not been significant borrowers in the past. Members appear to be hesitant to act early in 2010 to offer up their borrowing plans, and without the ability to make funding decisions early in the 2010, the FHLBNY is losing the potential opportunities to profitably fund these advance types early in the year before funding spreads become even more unfavorable.

 

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In the FHLBNY’s membership district, the housing markets in New York and New Jersey appear to have fared relatively better than the housing market in general so far; some forecasts are predicting that the New York and New Jersey housing markets may yet experience further downturn. The Puerto Rico economy has been in recession for several years and forecasts are that it will continue.
The FHLBNY earns income from investing its members’ capital and non-interest bearing liabilities, together referred to as deployed capital, to fund interest-earning assets. The two principal factors that impact earnings from deployed capital are the average amount of capital outstanding in a period and the interest rate environment in the period.period, which in turn impacts yields on earning assets. These factors determine the potential earnings from deployed capital, and both factors are subject to change. The Bank cannot predict with certainty the level of earnings from capital. In a lower interest rate environment, deployed capital, which consists of capital stock, retained earnings, and net non-interest bearing liabilities, will provide relatively lower income. On
As result of these factors, the other hand, if member borrowings continueFHLBNY expects net margins from new advances to grow, capital will grownarrow and provide a higher potentialNet income to contract to the pre-2009 levels.
Demand for earnings.
FHLBank debtThe FHLBNY’s primary source of funds is the sale of consolidated obligations in the capital markets, and itsthe FHLBNY’s ability to obtain funds through the sale of consolidated obligations depends in part on prevailing conditions in the capital markets, which are beyond the FHLBNY’s control. The FHLBNY may not be able to obtain funding on acceptable terms if at all, given the extraordinary market conditions and structural changes in the debt market. If the FHLBNY cannot access funding when needed on acceptable terms, its ability to support and continue operations could be adversely affected, which could negatively affect its financial condition and results of operations. Following the conservatorship of Fannie Mae and Freddie Mac, marketThe pricing of FHLBank issued debt indicates that market participants believe that obligations of the two GSEs offer lower credit risk than FHLBank debt obligations, which are generally grouped into the same GSE asset class as Fannie Mae and Freddie Mac. As a result, investors are more likely to require a premium to acquire FHLBank debt relative to debt issued by Fannie Mae and Freddie Mac. The cost of the FHLBanks’ longer-term debt has also increased sharplyremains at levels that are still sub-optimal, relative to LIBOR as investors were only willing to purchase debt with very short-term maturities.LIBOR. To the extent the FHLBanks receive sub-optimal funding, the Bank’s member institutions may in turn may experience higher costs for advance borrowings. To the extent the FHLBanks may not be able to issue long-term debt at economical spreads relative to the 3-month LIBOR rate,rate; the Bank’s member institutions’ borrowing choices may also be limited.
A significant amount ofIn 2010, the refunding needs to replace maturing FHLBank bonds have matured through the third quarter of 2009 and refunding needs have been significant for medium and long-term bonds.will again be significant. If the bond market cannot support future issuances of medium and long-term bonds,the refunding volumes, it will put greater pressure on the FHLBank bonds and investors may demand higher yields. Alternatively, the FHLBanks may resort to the issuance of discount notes, which have maturities of up to a year only, to fill any refunding gap. Discount notes may themselvesitself face increased challenges as competition increases from Treasury bills asand the Treasury funds multiple programs implemented by the U.S. Treasury for the current crises. TheOn the other hand, the impact of the recession may reduce member demand for liquidity and may reduce the pressure on the FHLBanks to refinance maturing bonds in 2009.2010.
Credit Impairment of Mortgage-backed securities— Other-than-temporary credit impairment (“OTTI”) charges of $3.4 million were recorded for the FHLBNY’s MBS portfolios in the 2010 first quarter. However, without recovery in the near term such that liquidity returns to the mortgage-backed securities market, or if the credit losses of the underlying collateral within the mortgage-backed securities perform worse than expected, the FHLBNY could face additional credit losses. Certain private-label MBS owned by the FHLBNY are insured by bond insurers for timely payments of principal and interest if these payments cannot be satisfied from the cash flows of the underlying mortgage pool supporting the securities. The Bank performs an analysis of Ambac and MBIA, the two primary bond insurers, to estimate the capacity of the insurers to provide on-going credit protection. The Bank has determined that insurance support by Ambac is not assured beyond March 31, 2010, and by MBIA to be no greater than 15 months. If the ability of MBIA to support the insured securities that are dependent on insurance is negatively impacted by its future financial performance, additional OTTI would have to be recognized, which would negatively impact the FHLBNY’s Net income. In addition, certain private-label MBS may be undergoing loan modification and forbearance proceedings at the loan level and such processes may have an adverse impact on the amounts and timing of expected cash flows.

 

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SELECTED FINANCIAL DATA (UNAUDITED)
                     
Statements of Condition March 31,  December 31,  September 30,  June 30,  March 31, 
(dollars in millions) 2010  2009  2009  2009  2009 
                     
Investments (1) $15,561  $16,222  $18,741  $12,979  $13,377 
Interest bearing balance at FRB **           13,865   8,602 
Advances  88,859   94,349   95,945   100,458   104,464 
Mortgage loans held-for-portfolio, net of allowance for credit losses (2)  1,288   1,318   1,336   1,381   1,431 
Total assets  107,239   114,461   117,604   129,129   128,359 
Deposits and borrowings  7,977   2,631   2,276   2,278   2,372 
Consolidated obligations, net                    
Bonds  72,408   74,008   69,671   72,184   69,582 
Discount notes  19,816   30,828   38,385   47,276   48,722 
Total consolidated obligations  92,224   104,836   108,056   119,460   118,304 
Mandatorily redeemable capital stock  105   126   128   128   140 
AHP liability  146   144   145   140   128 
REFCORP liability  14   24   39   46   42 
Capital                    
Capital stock  4,828   5,059   5,142   5,370   5,413 
Retained earnings  672   689   666   600   489 
Accumulated other comprehensive income (loss)  (124)  (145)  (147)  (120)  (79)
Total capital  5,376   5,603   5,661   5,850   5,823 
Equity to asset ratio (3)  5.01%  4.90%  4.81%  4.53%  4.54%

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Selected financial data are presented below (Unaudited)SELECTED FINANCIAL DATA (UNAUDITED)
                         
Statements of Condition September 30,  December 31, 
(dollars in millions) 2009  2008  2007  2006  2005  2004 
                         
Investments (1) $18,741  $14,195  $25,034  $20,503  $20,945  $17,271 
Interest bearing balance at FRB **     12,169             
Advances  95,945   109,153   82,090   59,012   61,902   68,507 
Mortgage loans  1,336   1,458   1,492   1,483   1,467   1,178 
Total assets  117,604   137,540   109,245   81,579   84,761   87,347 
Deposits and borrowings  2,276   1,452   1,606   2,266   2,650   2,297 
Consolidated obligations  108,056   128,587   101,117   74,234   77,279   80,157 
Mandatorily redeemable capital stock  128   143   239   110   18   127 
AHP liability  145   122   119   102   91   82 
REFCORP liability  39   5   24   17   14   10 
Capital stock  5,142   5,586   4,368   3,546   3,590   3,655 
Retained earnings  666   383   418   369   291   223 
Equity to asset ratio (2)  4.81%  4.27%  4.35%  4.79%  4.58%  4.44%
                                                        
 Three months ended Nine months ended    Three months ended 
Statements of Condition September 30, September 30, Years ended December 31, 
Averages (dollars in millions) 2009 2008 2009 2008 2008 2007 2006 2005 2004 
Statements of ConditionAverages March 31, December 31, September 30, June 30, March 31, 
(dollars in millions) 2010 2009 2009 2009 2009 
  
Investments (1) $19,764 $24,592 $5,053 $3,429 $2,253 $22,155 $19,431 $19,347 $16,292  $17,711 $18,650 $19,764 $12,369 $12,963 
Interest bearing balance at FRB **   8,062  1,322     
Interest-bearing balance at FRB **    12,647 11,538 
Advances 96,704 93,246 100,574 88,040 92,617 65,454 64,658 63,446 65,289  91,415 94,193 96,704 99,769 105,344 
Mortgage loans 1,357 1,454 1,403 1,466 1,465 1,502 1,471 1,360 928  1,299 1,333 1,357 1,405 1,450 
Total assets 120,754 120,599 128,215 114,537 119,710 89,961 86,319 85,254 84,344  113,116 117,289 120,754 129,133 134,915 
Interest-bearing deposits and other borrowings 2,083 1,653 2,006 1,998 2,003 2,202 1,709 2,100 1,971  5,050 2,361 2,083 2,181 1,749 
Consolidated obligations 109,125 111,452 116,171 104,937 109,691 82,233 79,314 77,629 76,105 
Consolidated obligations, net 
Bonds 74,297 73,264 69,604 68,091 76,543 
Discount notes 24,555 31,741 39,521 48,747 46,155 
Total consolidated obligations 98,852 105,005 109,125 116,838 122,698 
Mandatorily redeemable capital stock 128 154 135 174 166 146 51 56 238  108 143 128 134 143 
AHP liability 139 123 132 122 122 108 95 84 83  144 144 139 132 125 
REFCORP liability 23 8 23 10 6 10 9 7 4  9 15 23 22 22 
Capital 
Capital stock 5,195 5,046 5,315 4,701 4,923 3,771 3,737 3,604 3,554  4,929 5,030 5,195 5,299 5,455 
Retained earnings 611 388 522 391 381 362 314 251 159  658 666 611 522 429 
Accumulated other comprehensive income (loss)  (141)  (136)  (125)  (69)  (91)
Total capital 5,446 5,560 5,681 5,752 5,793 
Operating Results and other data Three months ended Nine months ended    Three months ended 
(dollars in millions) September 30, September 30, Years ended December 31,  March 31, December 31, September 30, June 30, March 31, 
(except earnings and dividends per share) 2009 2008 2009 2008 2008 2007 2006 2005 2004 
(except earnings, headcount, and dividends per share) 2010 2009 2009 2009 2009 
  
Net interest income (3) $154 $158 $585 $469 $694 $499 $470 $395 $268 
Net interest income (4) $106 $116 $154 $200 $231 
Net income 140 40 475 214 259 323 285 230 161  54 97 140 186 148 
Dividends paid in cash (6) 74 76 191 250 294 273 208 162 66 
Dividends paid in cash (7) 71 74 74 75 42 
AHP expense 16 5 53 25 30 37 32 26 19  6 10 16 21 17 
REFCORP expense 35 10 119 53 65 81 71 58 40  13 24 35 47 37 
Return on average equity* (4)  9.79%  2.95%  11.06%  5.68%  4.95%  7.85%  7.04%  5.97%  4.34%
Return on average equity* (5)  3.99%  6.85%  9.79%  13.00%  10.37%
Return on average assets*  0.46%  0.13%  0.50%  0.25%  0.22%  0.36%  0.33%  0.27%  0.19%  0.19%  0.32%  0.46%  0.58%  0.45%
Net OTTI impairment losses $(3) $(7) $(4) $(5) $(5)
Other non-interest income (loss)  (8) 48 61 80  (4)
Total other income (loss)  (11) 41 57 75  (9)
Operating expenses $18 $17 $54 $49 $66 $67 $63 $59 $51  19 22 18 18 18 
Operating expenses ratio* (5)  0.06%  0.05%  0.06%  0.06%  0.06%  0.07%  0.07%  0.07%  0.06%
Finance Agency and Office of Finance 3 2 2 2 2 
Total other expenses 22 24 20 20 20 
Operating expenses ratio* (6)  0.07%  0.07%  0.06%  0.06%  0.05%
Earnings per share $2.70 $0.79 $8.93 $4.55 $5.26 $8.57 $7.63 $6.36 $4.55  $1.09 $1.94 $2.70 $3.52 $2.72 
Dividend per share $1.40 $1.62 $3.54 $5.67 $6.55 $7.51 $5.59 $4.50 $1.83  $1.41 $1.42 $1.40 $1.38 $0.75 
Headcount (Full/part time) 259 251 259 251 251 246 232 221 210  266 264 259 264 256 
   
(1) Investments include held-to-maturity securities, available for-sale securities, Federal funds, and loans to other FHLBanks.FHLBanks, and other interest bearing deposits.
 
(2)Allowances for credit losses were $5.2 million, $4.5 million, $3.4 million, $2.8 million, and $1.8 million at the periods ended March 31, 2010, December 31, 2009, September 30, 2009, June 30, 2009, and March 31, 2009.
(3) Equity to asset ratio is capital stock plus retained earnings and accumulatedAccumulated other comprehensive income (loss) as a percentage of total assets.
 
(3)(4) Net interest income is net interest income before the provision for credit losses on mortgage loans.
 
(4)(5) Return on average equity is net income as a percentage of average capital stock plus average retained earnings and average accumulatedAccumulated other comprehensive income (loss).
 
(5)(6) Operating expenses as a percentage of total average assets.
 
(6)(7) Excludes dividends paidaccrued to non membersnon-members classified as interest expense under the accounting standards for certain financial instruments with characteristics of both liabilities and equity.
 
* Annualized.
 
** FRB program commenced in October 2008. On July 1,2, 2009, the Bank was no longer eligible to collect interest on excess balances. The average balance is annualized YTD.

 

8187


Results of Operations
The following section provides a comparative discussion of the FHLBNY’s results of operations for the current yearfirst quarters of 2010 and prior year third quarter and year-to-date periods.2009. For a discussion of the significant accounting estimates used by the FHLBNY that affect the results of operations, see Significant Accounting Policies and Estimates in Note 1 to this Form 10-Q and Significant Accounting Policies and Estimates in the Bank’s most recentrecently filed Form 10-K filed on March 27, 2009.25, 2010.
Net Income
The FHLBNY manages its operations as a single business segment. Advances to members are the primary focus of the FHLBNY’s operations, and isare the principal factor that impacts its operating results. Interest income from advances is the principal source of revenue. The primary expenses are interest paid on consolidated obligations debt, operating expenses, principally administrative and overhead expenses, and “Assessments”“assessments” on Netnet income. The FHLBNY is exempt from ordinary federal, state, and local taxation except for local real estate tax. It is required to make payments to REFCORP and set aside funds from its income towards an Affordable Housing Program (“AHP”), together referred to as “Assessments”.assessments. Other significant factors affecting the Bank’s Net income include the volume and timing of investments in mortgage-backed securities, realizeddebt repurchases and unrealized gains andassociated losses, from derivatives and hedging activities, losses from the recognition of credit impairment on investments, and earnings from shareholders’ capital.
Net income — First Quarter 2010 versus first Quarter 2009.
The FHLBNY reported current year third quarter Net income of $140.2$53.6 million, or $2.70$1.09 per share for the 2010 first quarter compared with Net income of $39.8$148.1 million or $0.79$2.72 per share for the same period in the prior year period. Current year-to-date2009. The return on average equity, which is Net income divided by average Capital stock, Retained earnings, and Accumulated other comprehensive income (loss) (“AOCI”), was $474.8 million, or $8.93 per share,3.99% for the 2010 first quarter compared with prior year10.37% for the same period Net income of $214.0 million, or $4.55 per share.in 2009.
Net interest income, ina key metric for the current year third quarter was $153.3 million, slightly lower than $157.7 million in the prior year period. Net interest income isFHLBNY and the primary contributor to Net Income forincome, was adversely affected in the FHLBNY. Favorable increases2010 first quarter, declined 54.1% to $106.2 million from higher intermediationthe same period in 2009. Net interest income was $231.4 million in the 2009 first quarter.
The Bank’s cost of debt has become more expensive in the 2010 first quarter. Additionally, the volume of interest-bearing assets, principally advance volume, was offset by the impact of unfavorable rate related changes in the current year third quarter compared to prior year period.business has contracted. The Bank earned lower interest incomerate for short-term investments has also resulted in lower earnings from investing itsdeploying members’ interest-free capital to fund interest-earning assetsinvestments, which are typically short-term.
Credit-related OTTI charges in the lower interest rate environment in2010 first quarter were $3.4 million, and resulted due to the current year third quarter. The costrecognition of debt, relative to yields from invested assets, continued to decline, and interest margin in the current year third quarter widened from the prior year period and partly offset the impactadditional (credit re-impairment) impairment of rate related unfavorable changes, although margins appearfive private-label mortgage-backed securities collateralized by sub-prime home equity loans (“sub-prime PLMBS”) that had been determined to be gradually narrowing.OTTI in 2009. The Bank funded a significant percentage of its balance sheet assets utilizing a mix of discount notes and short-term debt at advantageous spreads. Discount notes have maturities ranging from overnight to 365 days.non-credit losses recorded in AOCI were $0.5 million. In the current year third2009 first quarter, the Bank has reduced its reliancehad recognized credit related OTTI losses of $5.3 million on discount notes, relative to prior periods because of tightening spreads making discount notes less advantageous.
Net interest income was $583.5 million for the current year-to-date period, up by $114.8 million from the prior year period. The primary driver was the declinesub-prime PLMBS, and fair value losses recorded in debt costs relative to earnings from advances to members and investments as the Bank issued greater amounts of discount notes during most of the first two quarters of the current year at advantageous spreads to finance a significant percentage of its balance sheet assets.AOCI were $9.9 million.

 

8288


The credit portion of OTTI of $3.7 million was recorded as a charge to current year third2010 first quarter earnings, and represented the credit loss component of OTTI on (1) Three private-label held-to-maturity MBS, two insured by Ambac, and one uninsured security deemed to be credit impaired in the current year third quarter, and (2) Seven private-label held-to-maturity securities insured by Ambac and MBIA that had been previously deemed to be OTTI.
All ten securities, including the insured securities, were determined to be credit impaired, as it was deemed unlikely that the two bond insurers would be able to perform under their contractual obligation to support projected shortfall in expected cash flows to be collected. On a year-to-date basis, the Bank has recorded $14.3 million in credit impairment charges through earnings.
Reported Net realized and unrealized lossincome benefited from lower net losses from derivative and hedging activities (“hedging activities” or “derivative and hedging activities”) was a gaincompared to the same period in 2009. The FHLBNY recorded $0.4 million of $59.6 millionnet losses in the current year third2010 first quarter, in contrast to a net loss of $25.5$13.7 million in the prior year period. On a year-to-date basis, the2009 first quarter. The Bank recorded a gainfair value net losses of $124.6$8.4 million comparedon $6.8 billion of consolidated obligation debt that were designated under the Fair Value Option (“FVO”) in contrast to a lossnet gains of $65.2$8.3 million in the prior year period. In ordersame period in 2009. Fair values of such fixed-rate consolidated bonds declined as market interest rates for the debt declined relative to manage the FHLBNY’s interest rate risk profile, managementactual coupon rates of the FHLBNY routinely uses derivatives to manage the interest rate risk inherent in the Bank’s assets and liabilities.debt. The hedging gainsbonds were primarily due to (1) Favorable fair value changes ofeconomically hedged by interest rate swaps, and options designated as economic hedges of debt issuedthe losses were largely offset by recorded fair value gains on the swaps.
In general, the FHLBNY holds derivatives and (2) Reversal of unfavorableassociated hedged instruments, and consolidated obligation debt at fair value changes recorded invalues under the prior year periods.FVO, to the maturity, call, or put dates. When derivativesuch financial instruments are held to their contractual maturity (or put/call dates), nearly all of the cumulative net fair value gains and losses that are unrealized will generally reverse over time.time, and fair value changes will sum to zero. In limited instances, the FHLBNY may terminate these instruments prior to maturity or prior to call or put dates, which would result in a realized gain or loss.
Operating expenses were $17.8 million for the current year third quarter, up by $1.3 million from the prior year period. On a year-to-date basis, Operating expenses were $54.0 million, up from $49.5grew to $19.2 million in the prior year period. 2010 first quarter, an increase of 6.3% over the same period in 2009.
REFCORP assessment and funds set aside for the Affordable Housing Program (“AHP”) assessments, were $35.1together referred to as assessments, declined by $34.1 million, or 63.5% in current year third quarter, up by $25.1 millionthe 2010 from the prior year period. AHP assessments were $15.8 million, up by $11.1 million from the prior year period. Onsame period in 2009. Assessments, which are calculated as a year-to-date basis, the combined REFCORP and AHP assessments were $172.1 million in the current year period, up from $78.3 million in the prior year period. Assessments are calculatedpercentage (after certain adjustments) on Net income before assessments, and the increases were due to higher Net incomevaries in current year periods compared to prior year periods.
The annualized return on average equity (“ROE”), which is Net income divided by average Capital stock, Retained earnings, and Accumulated other comprehensive income,line with changes in the current year third quarter was 9.8% compared with 3.0% for the prior year period. On a year-to-date basis, ROE was 11.1% for the current year period, compared to 5.7% for the prior year period.earnings.

 

8389


Interest Income
Interest income from advances and investments in mortgage-backed securities are the principal sourcesources of income for the FHLBNY. Changes in both rate and intermediation volume (average interest-yielding assets) explain the change in the current year from the prior year.
The principal componentscategories of interest incomeInterest Income are summarized below (dollars in thousands):
                         
  Three months ended September 30,  Nine months ended September 30, 
          Percentage          Percentage 
  2009  2008  Variance  2009  2008  Variance 
Interest Income
                        
Advances $240,573  $678,896   (64.56)% $1,094,089  $2,211,823   (50.53)%
Interest-bearing deposits  1,014   3,240   (68.70)  19,054   17,086   11.52 
Federal funds sold  1,864   21,316   (91.26)  1,933   69,921   (97.24)
Available-for-sale securities  6,590   24,441   (73.04)  22,881   57,016   (59.87)
Held-to-maturity securities                        
Long-term securities  111,232   138,412   (19.64)  355,916   396,660   (10.27)
Certificates of deposit  851   51,287   (98.34)  1,392   212,525   (99.35)
Mortgage loans held-for-portfolio  17,405   19,316   (9.89)  54,679   58,348   (6.29)
Loans to other FHLBanks and other  1   30   (96.67)  1   33   (96.97)
                   
                         
Total interest income
 $379,530  $936,938   (59.49)% $1,549,945  $3,023,412   (48.74)%
                   
Table 1: Interest Income — Principal Sources
             
  Three months ended March 31, 
          Percentage 
  2010  2009  Variance 
Interest Income
            
Advances $149,640  $502,222   (70.20)%
Interest-bearing deposits  830   8,918   (90.69)
Federal funds sold  1,543   68  NM 
Available-for-sale securities  5,764   8,519   (32.34)
Held-to-maturity securities            
Long-term securities  98,634   126,820   (22.23)
Certificates of deposit     508   (100.00)
Mortgage loans held-for-portfolio  16,741   19,104   (12.37)
          
             
Total interest income
 $273,152  $666,159   (59.00)%
          
Reported Interest income in the Statements of Income was adjusted for the cash flows associated with interest rate swaps in which the Bank generally pays fixed-rate cash flows to derivative counterparties, which typically mirrors the fixed-rate coupons received from advances borrowed by members. In exchange, the Bank receives variable-rate LIBOR-indexed cash flows.
Impact of hedging advances Cash flows from interest rate swaps are a critical component of interest income earned from advances. The FHLBNY executes interest rate swaps to modify the effective interest rate terms of many of its fixed-rate advance products and typically all of its convertible or putable advances. In these swaps, the FHLBNY effectively converts a fixed-rate stream of cash flows from its fixed-rate advances to a floating-rate stream of cash flows, typically indexed to LIBOR. In the current year and prior year periods,These cash flow patterns from derivatives were in line with the Bank’s interest rate risk management practices and effectively converted fixed-rate cash flows of hedged advances to LIBOR indexed cash flows. Derivative strategies are used to manage the interest rate risk inherent in fixed-rate advances and are designed to protect future interest income.
The table below summarizes interest income earned from advances and the impact of interest rate derivatives (in thousands):
                 
  Three months ended  Nine months ended 
  September 30,  September 30, 
  2009  2008  2009  2008 
Advance Interest Income
                
Advance interest income before adjustment for interest rate swaps $743,687  $850,236  $2,345,699  $2,551,947 
Net interest adjustment from interest rate swaps 1
  (503,114)  (171,340)  (1,251,610)  (340,124)
             
                 
Total Advance interest income reported
 $240,573  $678,896  $1,094,089  $2,211,823 
             
Table 2: Impact of Interest Rate Swaps on Interest Income Earned from Advances
         
  Three months ended March 31, 
  2010  2009 
Advance Interest Income
        
Advance interest income before adjustment for interest rate swaps $679,921  $833,388 
Net interest adjustment from interest rate swaps1
  (530,281)  (331,166)
       
         
Total Advance interest income reported
 $149,640  $502,222 
       
   
1 Interest portion only

90


In an interest rate hedge of fixed-rate advances, the swaps are structured to effectively convert the combined cash flows of the advances and the swaps to LIBOR-based cash flows.
In compliance with the terms of the swap agreement, the FHLBNY pays the swap counterparty fixed-rate cash flows, which typically mirrors the coupon on the advance. In return, the swap counterparty pays the FHLBNY a pre-determined spread plus the prevailing LIBOR, which by agreement re-setsresets generally every three months. In the table above, the unfavorable cash flow patterns of the interest rate swaps are indicative of the declining LIBOR rates (obligation of the swap counterparty) compared to fixed-rate obligation of the FHLBNY. The Bank is generally indifferent to changes in the cash flow patterns as it typically hedges its fixed-rate consolidated obligation debt, which is the Bank’s primary funding base, and achieves itits overall net interest spread objective.

84


Under GAAP, net interest adjustments from derivatives as reported in the table above may be offset against the net interest accruals of the hedged financial instrument (e.g. advance) only if the derivative is in a hedge qualifying relationship. If the hedge does not qualify for hedge accounting, and the Bank designates the hedge as an economic hedge, the net interest adjustments from derivatives arewould not recorded with the advance.advance interest revenues. Instead, the net interest adjustments from swaps arewould be recorded in Other income (loss) as a Net realized and unrealized gainsgain (loss) from derivatives and losses from hedging activities. Thus, the accounting designation of a hedge may have a significant impact on reported Interest income from advances. There were no material amounts of net interest adjustments from interest rate swaps designated as economic hedges of advances that were reported in Other income in the current year or prior year periodsyears related to swaps associated with advances.

91


Interest Expense
The FHLBNY’s primary source of funding is through the issuance of consolidated obligation bonds and discount notes in the global debt markets. Consolidated obligation bonds may be short,are medium- and long-term, while discount notes are short-term instruments. To fund its assets, the FHLBNY considers its interest rate risk and liquidity requirements in conjunction with consolidated obligation buyers’ preferences and capital market conditions when determining the characteristics of debt to be issued. Typically, the Bank has used fixed-rate callable and non-callable bonds to fund mortgage-related assets and advances. Discount notes are generally issued to fund advances and investments with shorter-interest rate reset characteristics.
The principal categories of Interest Expenseexpense are summarized belowbelow. Changes in both rate and intermediation volume (average interest-costing liabilities), the mix of debt issuances between bonds and discount notes, and the impact of hedging strategies explain the changes in interest expense (dollars in thousands):
                         
  Three months ended September 30,  Nine months ended September 30, 
          Percentage          Percentage 
  2009  2008  Variance  2009  2008  Variance 
Interest Expense
                        
Consolidated obligations-bonds $191,708  $628,394   (69.49)% $783,695  $1,952,228   (59.86)%
Consolidated obligations-discount notes  31,647   141,309   (77.60)  173,228   559,153   (69.02)
Deposits  516   7,370   (93.00)  2,002   33,235   (93.98)
Mandatorily redeemable capital stock  1,807   1,950   (7.33)  5,478   8,884   (38.34)
Cash collateral held and other borrowings     242   (100.00)  49   982   (95.01)
                   
                         
Total interest expense
 $225,678  $779,265   (71.04)% $964,452  $2,554,482   (62.24)%
                   
Table 3: Interest Expenses — Principal Categories
             
  Three months ended March 31, 
          Percentage 
  2010  2009  Variance 
Interest Expense
            
Consolidated obligations-bonds $154,913  $343,707   (54.93)%
Consolidated obligations-discount notes  9,657   89,378   (89.20)
Deposits  892   777   14.80 
Mandatorily redeemable capital stock  1,495   878   70.27 
Cash collateral held and other borrowings     37   (100.00)
          
             
Total interest expense
 $166,957  $434,777   (61.60)%
          
Reported Interest expense is principally the coupon payments to investors holding the Bank’s consolidated obligation debt. Recorded interest expense in the Statements of Income is adjusted for the cash flows associated with interest rate swaps in which the Bank generally pays variable-rate LIBOR-indexed cash flows to derivative counterparties and, in exchange, the Bank receives fixed-rate cash flows, which typically mirror the fixed-rate coupon payments to investors holding the debt. The Bank generally hedges its long-term fixed-rate bonds and almost all fixed-rate callable bonds in hedgeswith swaps that generally qualify for hedge accounting. In the current year2010 first quarter and prior year periods,the same period in 2009, the Bank economically hedged certain floating-rate bonds that were not indexed to 3-month LIBOR. The Bank also economically hedgedLIBOR, and certain short-term fixed-rate debt and discount notes because it believed that the hedges would not be highly effective in offsetting changes in the fair values of the debt and the swap.swap, and would not therefore qualify for hedge accounting.

85


Impact of hedging debt Cash flows from interest rate swaps are an important component of interest expense on debt. The FHLBNY issues both fixed-rate callable and non-callable debt. Typically, the Bank issues callable debt with the simultaneous execution of cancellable interest rate swaps to modify the effective interest rate terms and the effective durations of its fixed-rate callable debt. A substantial percentage of non-callable fixed-rate debt is also swapped to “plain vanilla” LIBOR-indexed cash flows.
These hedging strategies benefit the Bank in two principal ways: (1) fixed-rate callable bond in conjunction with interest rate swap containing a call feature that mirrors the option embedded in the callable bond enables the FHLBNY to meet its funding needs at yields not otherwise directly attainable through the issuance of callable debt; and, (2) the issuance of fixed-rate debt and the simultaneous execution of an interest rate swap convertconverts the debt to an adjustable-rate instrument tied to an index, typically 3-month LIBOR. Derivative strategies are used to manage the interest rate risk inherent in fixed-rate debt and certain floating-rate debt that are not indexed to 3-month LIBOR rates.

92


The strategies are designed to protect future interest income. The economic hedge of debt issuedtied to indices other than 3-month LIBOR (Prime, Federal funds, and 1-month LIBOR) is designed to effectively convert the cash flows of the debt to 3-month LIBOR.
The table below summarizes interest expense paid on consolidated obligation bonds and discount notes and the impact of interest rate swaps (in thousands):
                 
  Three months ended  Nine months ended 
  September 30,  September 30, 
  2009  2008  2009  2008 
Consolidated bonds and discount notes-Interest expense
                
Bonds-Interest expense before adjustment for swaps $343,175  $747,014  $1,167,845  $2,240,456 
Discount notes-Interest expense before adjustment for swaps  31,647   141,309   173,702   559,153 
Net interest adjustment for interest rate swaps 1
  (151,467)  (118,620)  (384,624)  (288,228)
             
                 
Total Consolidated bonds and discount notes-interest expense reported
 $223,355  $769,703  $956,923  $2,511,381 
             
Table 4: Impact of Interest Rate Swaps on Consolidated Obligation Interest Expense
         
  Three months ended March 31, 
  2010  2009 
Consolidated bonds and discount notes-Interest expense
        
Bonds-Interest expense before adjustment for swaps $328,657  $448,460 
Discount notes-Interest expense before adjustment for swaps  9,657   89,618 
Net interest adjustment for interest rate swaps1
  (173,744)  (104,993)
       
         
Total Consolidated bonds and discount notes-interest expense reported
 $164,570  $433,085 
       
   
1 Interest portion only
Generally, in an interest rate hedge of fixed-rate debt, the swaps are structured to effectively convert the combined cash flows of the consolidated obligation bonds and the swaps to 3-month LIBOR-based cash flows. In compliance with the terms of the swap agreement, the FHLBNY pays the swap counterparty generally 3-month LIBOR (which re-sets every 3 month to prevailing 3-month LIBOR) adjusted for a fixed spread. In return, the swap counterparty pays the FHLBNY fixed-rate cash flows, which typically mirrors the coupon on the bonds. In the table above, the favorable cash flow patterns of the interest rate swaps are indicative of the declining LIBOR rates (the FHLBNY’s obligation) compared to fixed-rate obligation of the swap counterparty. The Bank is generally indifferent to changes in the cash flow patterns as it typically hedges its fixed-rate advances to effectively receive LIBOR based floating-rate cash flows, and achieves it overall net interest spread objective.
Under GAAP, net interest adjustments from derivatives (as reported in the table above) may be offset against the hedged financial instrument (e.g. consolidated obligation bonds and discount notes) only if the derivative is in a hedge qualifying relationship. If the hedge does not qualify, the Bank designates the hedge as an economic hedge, the net interest adjustments from derivatives are not recorded with the hedged debt. Instead, the net interest adjustments from swaps are recorded in Other income (loss) as a Net realized and unrealized gains and losses from derivatives and hedging activities. Thus, the accounting designation of a hedge may have a significant impact on reported Interest expense from consolidated obligation bonds and discount notes.

86


In the current year third quarter and year-to-date periods, significant amounts of bonds and discount notes were hedged on an economic basis primarily because of the uncertainty whether the hedges would be highly effective in offsetting changes in fair values of the debt and the derivatives. Generally, all floating-rate bonds indexed to the Federal Funds Effective rate, the Prime Rate, and the 1-month LIBOR rates were hedged on an economic basis. Certain longer-term discount notes (which have maturities up to one year) were also hedged on an economic basis, as were certain short-term fixed-rate bonds, all for the reason that the Bank was not certain that the hedges would be highly effective. The net interest adjustments were a favorable cash flows of $19.1 million, associated with all economic swaps. On a GAAP basis, the favorable adjustments were not recorded to reduce Interest expense and were instead recorded as gain from hedging activities in Other income as a Net realized and unrealized gains and losses from derivatives and hedging activities. The impact on Net Income was zero. In the prior year period, the net interest adjustments were unfavorable and the impact to Interest expense and hedging activities was in reverse. Unfavorable net interest adjustments from swaps designated as economic hedges of debt was $20.7 million that could not be recorded under GAAP to increase Interest expense, but had to recorded as a loss from hedging activities in the prior year period. Impact on Net Income was also zero.
On a year-to-date basis, the net interest from swaps designated as economic hedges were $36.9 million unfavorable adjustments for the current year and the prior year periods. Under GAAP, the unfavorable adjustments could not be recorded as an increase to Interest expense. Instead the adjustments were recorded as a loss from hedging activities. The impact on Net income would sum to zero.
Net interest income
Net interest income is the principal source of revenue for the Bank, and represents the difference between interest income from interest-earning assets and interest expense paid on interest-bearinginterest-costing liabilities. Net interest income is impacted by a variety of factors — member demand for advances and investment activity, the yields from advances and investments, and the cost of consolidated obligation debt that is issued by the Bank to fund advances and investments. The execution of interest rate swaps in the derivative market at a constant spread to LIBOR, in effect converting fixed-rate advances and fixed-rate debt to conventional adjustable-rate instruments indexed to LIBOR, results in an important intermediation for the Bank between the capital markets and the swap market. The intermediation has typically permitted the Bank to raise funds at lower costs than would otherwise be available through the issuance of simple fixed- or floating-rate debt in the capital markets. The FHLBNY’s deploys the hedging strategies to protect future Net interest income, but may reduce income in the short-run, although the FHLBNY expects them to benefit future periods. Income earned from assets funded by member capital and retained earnings, referred to as “deployed capital”, which are non-interest bearing, is another important consideration for the FHLBNY. factors:
Member demand for advances and investment activity, the yields from advances and investments, and the cost of consolidated obligation debt that is issued by the Bank to fund advances and investments.
The execution of interest rate swaps in the derivative market at a constant spread to LIBOR, in effect converting fixed-rate advances and fixed-rate debt to conventional adjustable-rate instruments indexed to LIBOR, results in an important intermediation for the Bank between the capital markets and the swap market. The intermediation has typically permitted the Bank to raise funds at lower costs than would otherwise be available through the issuance of simple fixed- or floating-rate debt in the capital markets. The FHLBNY deploys hedging strategies to protect future net interest income, but may reduce income in the short-run, although the FHLBNY expects them to benefit future periods.
Income earned from assets funded by member capital and retained earnings, referred to as “deployed capital”, which are non-interest bearing, is another important contributor for the FHLBNY.
All of these factors may fluctuate based on changes in interest rates, demand by members for advances, investor demand for debt issued by the FHLBNY, and the change in the spread between the yields on advances and investments, and the cost of financing these assets by the issuance of debt to investors.

 

8793


The following table summarizes key changes in the components of Net interest income after provision for credit losses on mortgage loans was $153.3 million for the current year thirdthree months ended March 31, 2010 and 2009 (dollars in thousands):
Table 5: Components of Net Interest Income
             
  Three months ended March 31, 
          Percentage 
  2010  2009  Variance 
Interest Income
            
Advances $149,640  $502,222   (70.20)%
Interest-bearing deposits  830   8,918   (90.69)
Federal funds sold  1,543   68  NM 
Available-for-sale securities  5,764   8,519   (32.34)
Held-to-maturity securities            
Long-term securities  98,634   126,820   (22.23)
Certificates of deposit     508   (100.00)
Mortgage loans held-for-portfolio  16,741   19,104   (12.37)
          
             
Total interest income  273,152   666,159   (59.00)
          
             
Interest Expense
            
Consolidated obligations-bonds  154,913   343,707   (54.93)
Consolidated obligations-discount notes  9,657   89,378   (89.20)
Deposits  892   777   14.80 
Mandatorily redeemable capital stock  1,495   878   70.27 
Cash collateral held and other borrowings     37   (100.00)
          
             
Total interest expense  166,957   434,777   (61.60)
          
             
Net interest income before provision for credit losses
 $106,195  $231,382   (54.10)%
          
Net interest income
The 2010 first quarter slightly down from $157.7Net interest income declined by $125.2 million, or 54.1% from the prior year third quarter.same period in 2009. Net interest income is the principal source of revenue for the Bank. It represents the difference between income from interest-earning assets and interest expense paid on interest-bearing liabilities. Volume,directly impacted by transaction volumes, as measured by average balances of interest earning assets, minus interest costing liabilities, was higher inand by the current year third quarter relative to prior year period and contributed $34.9 million in higher Net interest income. The favorable contribution from volume increases were offsetprevailing balance sheet yields, as measured by unfavorable rate related changes in yields fromcoupons on earning assets minus yields paid on interest costing liabilities net of the cash flows paid or received on interest rate derivatives that qualified under hedge accounting rules.
Net interest spread, which resultedis the difference between yields on interest-earning assets and yields on interest-costing liabilities, contracted by 27 basis points in the 2010 first quarter over the same period in 2009. Net interest income and net interest margin contracted to levels more typical of the years before 2009, primarily because the Bank’s funding advantages experienced in 2009 weakened in the 2010 first quarter. Weighted-average bond funding costs deteriorated, with March 2010 witnessing the lowest weighted-average monthly bond pricing spreads. Spreads to LIBOR have narrowed considerably. In the 2010 first quarter, the FHLBNY shifted its funding mix as discount note spreads to LIBOR narrowed considerably and its relative funding advantage ended, and the Bank reduced its utilization of discount notes. In much of 2009, discount notes had been successfully utilized when such debt could be issued at wide advantageous spreads to LIBOR, and was one source of the funding advantage in 2009.
Decline in business volume, as measured by average advances outstanding, was a contributing factor to the decline of Net interest income in the 2010 first quarter. Average outstanding advances in 2010 first quarter was $91.4 billion down from $105.3 billion in the same period in 2009.

94


Another factor that contributed to the decline in Net interest income by $38.8 millionwas the compression of swapped funding levels of FHLBank consolidated bonds to LIBOR. The FHLBNY uses interest rate swaps to effectively change the repricing characteristics of a significant portion of its fixed-rate advances and consolidated obligation debt to match shorter-term LIBOR rates that reprice at intervals of three-month or less. When the Bank executes an interest rate swap to change the fixed payments on its debt to a LIBOR indexed floating rate, the spread between the fixed payments and the LIBOR floating cash receipts results in the FHLBNY’s effective funding cost. Consequently, the current year thirdlevel of spread between the 3-month LIBOR rate and the swap rate for a fixed-rate FHLBank debt has an impact on the FHLBNY’s profitability. This spread differential has contracted adversely for the Bank and the impact has been to increase the funding cost for the FHLBNY in the 2010 first quarter.
The Bank earned lowerFHLBNY earns significant interest income from investing its members’ capital to fund interest-earning assetsassets. Such earnings are sensitive to the changes in short-term interest rates (rate effects), as well as the average outstanding capital and non-interest bearing liabilities (Volume effects). Additional compression of Net interest spread in the low2010 first quarter was caused by:
Decline in short-term interest rates, which had an adverse impact on interest income earned from the deployment of members’ capital and net non-interest bearing liabilities (“deployed capital”). Earnings from deployed capital are sensitive to changes in short-term interest rate environment inas deployed capital is typically utilized to fund short-term, liquid investments. As an illustration, the current year third quarter.
On a year-to-date3-month LIBOR was 29.2 basis Net interest income after provision for credit losses on mortgage loans was $583.5 million for the current year period, up 24.5% or $114.8 million from the prior year period. Volume increased, primarily from advances, and contributed $98.8 million to the increase. Rate related changes in yields from earning assets minus yields paid on interest costing liabilities was also favorable and contributed $17.7 million. Decline in debt costs relative to earnings from advances to members and investments was a factor in improved Net interest margin aspoints at March 31, 2010, significantly lower than 119.2 basis points at March 31, 2009. Typically, the Bank reacting to market place demand for shorter-term bonds, increased issuances of short-term debt and discount notes to fund its assets atearns relatively lower income in a net favorable spread. The Bank earned lower interest income from investing its members’ capital to fund interest-earning assets in the lower interest rate environment on a given amount of average deployed capital.
Decrease in member capital in line with reduced demand for advances borrowed by members as members are required to purchase stock as a percentage of advances borrowed, and the FHLBNY’s existing policy is to redeem stock in excess of those required to be purchased by the member. Average deployed capital in the current year2010 first quarter declined by $0.9 billion over the same period relative to prior year period.

88


The following tables summarize key changes in the components of Net interest income (dollars in thousands):2009.
             
  Three months ended September 30, 
          Percentage 
  2009  2008  Variance 
Interest Income
            
Advances $240,573  $678,896   (64.56)%
Interest-bearing deposits  1,014   3,240   (68.70)
Federal funds sold  1,864   21,316   (91.26)
Available-for-sale securities  6,590   24,441   (73.04)
Held-to-maturity securities            
Long-term securities  111,232   138,412   (19.64)
Certificates of deposit  851   51,287   (98.34)
Mortgage loans held-for-portfolio  17,405   19,316   (9.89)
Loans to other FHLBanks and other  1   30   (96.67)
          
             
Total interest income  379,530   936,938   (59.49)
          
             
Interest Expense
            
Consolidated obligations-bonds  191,708   628,394   (69.49)
Consolidated obligations-discount notes  31,647   141,309   (77.60)
Deposits  516   7,370   (93.00)
Mandatorily redeemable capital stock  1,807   1,950   (7.33)
Cash collateral held and other borrowings     242   (100.00)
          
             
Total interest expense  225,678   779,265   (71.04)
          
             
Net interest income before provision for credit losses
 $153,852  $157,673   (2.42)%
          
For more information, see Table 8: Spread and Yield Analysis and Table 9: Rate and Volume Analysis.
             
  Nine months ended September 30, 
          Percentage 
  2009  2008  Variance 
Interest Income
            
Advances $1,094,089  $2,211,823   (50.53)%
Interest-bearing deposits  19,054   17,086   11.52 
Federal funds sold  1,933   69,921   (97.24)
Available-for-sale securities  22,881   57,016   (59.87)
Held-to-maturity securities            
Long-term securities  355,916   396,660   (10.27)
Certificates of deposit  1,392   212,525   (99.35)
Mortgage loans held-for-portfolio  54,679   58,348   (6.29)
Loans to other FHLBanks and other  1   33   (96.97)
          
             
Total interest income  1,549,945   3,023,412   (48.74)
          
             
Interest Expense
            
Consolidated obligations-bonds  783,695   1,952,228   (59.86)
Consolidated obligations-discount notes  173,228   559,153   (69.02)
Deposits  2,002   33,235   (93.98)
Mandatorily redeemable capital stock  5,478   8,884   (38.34)
Cash collateral held and other borrowings  49   982   (95.01)
          
             
Total interest expense  964,452   2,554,482   (62.24)
          
             
Net interest income before provision for credit losses
 $585,493  $468,930   24.86%
          

89


The Bank deploys hedging strategies to protect future net interest income. With an interest rate swap strategy,income that may reduce income in the Bank generally attemptsshort-term. On a GAAP basis, the impact of derivatives was to convert its fixed-ratereduce the 2010 first quarter Net interest income and expenseby $356.5 million, compared to 3-month LIBOR (floating-rate cash flows), andalso an unfavorable impact of $226.2 million in the same period in 2009. For more information, see Table 6: Net Interest Adjustments from Hedge Qualifying Interest-Rate Swaps.
The FHLBNY executes certain floating-rate debt not linked to 3-month LIBOR. The Bank is generally indifferent to net swap interest expense or income since the interest-rate exchange between the Bank and swap counterparties are designed to achieve the Bank’s Net interest rate spread objectives when considered together with the hedged assets and liabilities.
Net interest accrualshedging strategies designated as economic hedges, primarily as hedges of derivatives designated in a fair value or cash flow hedge qualifying under the derivatives and hedgeFHLBNY debt. Under existing accounting rules, are recorded as adjustments to the interest income or expense generated from the derivatives designated as economic hedges are not reported as a component of Net interest expense of the hedged assets or liabilities, and mayincome although they have a significantan economic impact on Net interest income.
Under GAAP, net interest adjustments from derivatives (as reported in the table below) may be offset against the hedged financial instrument (e.g. advances, consolidated obligation bonds and discount notes) only if the derivative is in a qualifying hedge relationship. If the hedge does not qualify and the Bank designates the hedge as an economic hedge, the net interest adjustments from the derivatives are not recorded with the hedged asset or liability. Instead, the net interest adjustments from swaps are recorded in Other income (loss) as a Net realized and unrealized gains and losses from derivatives and hedging activities. Thus, the accounting designation of a hedge may have a significant impact on reported Net interest income.
The following table summarizes Net interest adjustments from hedge qualifying interest-rate swaps to Net interest income (in thousands):
                 
  Three months ended  Nine months ended 
  September 30,  September 30, 
  2009  2008  2009  2008 
                 
Interest Income
 $882,644  $1,108,278  $2,801,555  $3,363,536 
Net interest adjustment from interest rate swaps  (503,114)  (171,340)  (1,251,610)  (340,124)
             
Reported Interest Income
  379,530   936,938   1,549,945   3,023,412 
             
                 
Interest Expense
  377,145   897,885   1,349,076   2,842,710 
Net interest adjustment from interest rate swaps  (151,467)  (118,620)  (384,624)  (288,228)
             
Reported Interest Expense
  225,678   779,265   964,452   2,554,482 
             
                 
Net Interest income (Margin)
 $153,852  $157,673  $585,493  $468,930 
             
                 
Net interest adjustment — interest rate swaps
 $(351,647) $(52,720) $(866,986) $(51,896)
             

90


A significant amount of swaps were designated as economic hedges of consolidated obligation debt in a hedge strategy that converted floating-rate debt indexed to 1-month LIBOR, the Prime rate, and the Federal Funds Effective rate to 3-month LIBOR cash flows. The Bank also economically hedged certain short-term fixed-rate debt and discount notes that it also believed would not be highly effective in offsetting changes in the fair values of the debt and the swap. Under GAAP, interest income or expense from such derivatives are recorded as derivative gains and losses in Other income (loss) as a Net realized and unrealized gain (loss) from derivatives and hedging activities.. In the current year third2010 first quarter, on an economic basis, the economic impact of derivatives would have been to increase GAAP Net interest income before provision for credit losses by $19.1 million, and to increase net interest spread by 7 basis points to 52 basis points.$37.2 million. In contrast,the same period in the prior year period, Net interest income before provision for credit losses2009, on an economic basis, the impact would have been lower by $20.7 million, and net interest spread lower by 7 basis points to 30 basis points. On a year-to-date basis, the impact increaseddecrease GAAP reported Net interest expense by $46.2 million. The reporting classification of interest income by $36.9 in the current year and prior year periods, and had the effect of improving reported net interest spread by 5 basis points. On an economic basis, such interest accrual adjustments onor expense associated with swaps designated as economic hedges would not have been recorded as hedging gains and losses in Other income as a Net realized and unrealized gain (loss) from derivatives and hedging activities, and thehas no impact on Net income would sum to zero.as these adjustments are either reported as a component of Net interest income or as a component of Other income as gains or losses from hedging activities. See Table 7 for additional information.

95


The following table summarizes the impact of net interest adjustments from hedge qualifying interest-rate swaps (in thousands):
Table 6: Net Interest Adjustments from Hedge Qualifying Interest-Rate Swaps1
         
  Three months ended March 31, 
  2010  2009 
         
Interest Income
 $803,433  $997,325 
Net interest adjustment from interest rate swaps  (530,281)  (331,166)
       
Reported interest income
  273,152   666,159 
       
         
Interest Expense
  340,701   539,770 
Net interest adjustment from interest rate swaps  (173,744)  (104,993)
       
Reported interest expense
  166,957   434,777 
       
         
Net interest income (Margin)
 $106,195  $231,382 
       
         
Net interest adjustment — interest rate swaps
 $(356,537) $(226,173)
       
1Net interest accruals of derivatives designated in a fair value or cash flow hedge qualifying under the derivatives and hedge accounting rules were recorded as adjustments to the interest income or interest expense of the hedged assets or liabilities, and had a significant impact on Net interest income.
The following table contrasts Net interest income, Net income spread and Return on earning assets between GAAP and economic basis1 (dollar amounts in thousands):
                         
  Three months ended September 30, 2009  Three months ended September 30, 2008 
  Amount  ROA  Net Spread  Amount  ROA Net Spread 
                         
GAAP net interest income $153,852   0.51%  0.45% $157,673   0.52%  0.37%
                         
Interest income (expense)                        
Swaps not designated in a hedging relationship  19,141   0.06   0.07   (20,745)  (0.07)  (0.07)
                   
                         
Economic net interest income
 $172,993   0.57%  0.52% $136,928   0.45%  0.30%
                   
Table 7: GAAP Versus Economic Basis — Contrasting Net Interest Income, Net Income Spread and Return on Earning Assets2
                                                
 Nine months ended September 30, 2009 Nine months ended September 30, 2008  Three months ended March 31, 2010 Three months ended March 31, 2009 
 Amount ROA Net Spread Amount ROA Net Spread  Amount ROA Net Spread Amount ROA Net Spread 
  
GAAP net interest income $585,493  0.61%  0.53% $468,930  0.55%  0.37% $106,195  0.38%  0.33% $231,382  0.70%  0.60%
  
Interest income (expense)  
Swaps not designated in a hedging relationship  (36,869)  (0.03)  (0.05)  (36,915)  (0.04)  (0.05) 37,220 0.14 0.15  (46,165)  (0.14)  (0.15)
                          
  
Economic net interest income
 $548,624  0.58%  0.48% $432,015  0.51%  0.32% $143,415  0.52%  0.48% $185,217  0.56%  0.45%
                          
Explanation of the use of certain non-GAAP measures of Interest Income and Expense, Net Interest income and margin. The FHLBNY has presented its results of operations in accordance with U.S. generally accepted accounting principles. The FHLBNY has also presented certain information regarding its Interest Income and Expense, Net Interest income and Net Interest spread that combines interest expense on debt with net interest paid on interest rate swaps associated with debt that were hedged on an economic basis. These are non-GAAP financial measures used by management that the FHLBNY believes are useful to investors and members of the FHLBNY in understanding the Bank’s operational performance as well as business and performance trends. Although the FHLBNY believes these non-GAAP financial measures enhance investor and members’ understanding of the Bank’s business and performance, these non-GAAP financial measures should not be considered an alternative to GAAP. When discussing non-GAAP measures, the Bank has provided GAAP measures in parallel.
   
12 ExplanationIn the 2010 first quarter and the same period in 2009, significant amounts of swaps were designated as economic hedges of consolidated obligation debt in a hedging strategy that converted floating-rate debt indexed to 1-month LIBOR, the Prime rate, and the Federal Funds Effective rate to 3-month LIBOR cash flows. The Bank also economically hedged certain short-term fixed-rate debt and discount notes that it also believed would not be highly effective in offsetting changes in the fair values of the usedebt and the swap. Aggregate swap accruals for all economic hedges in the 2010 first quarter was a net positive contribution of certain non-GAAP measures$37.2 million representing cash in-flows, compared to cash out-flows of Interest Income$46.1 million the same period in 2009. In compliance with accounting standards for derivatives and Expense, Net Interesthedging, interest income and margin. The FHLBNY has presented its results of operationsexpense from such derivatives were recorded as derivative gains and losses in accordance with U.S. generally accepted accounting principles. The FHLBNY has also presented certain information regarding its Interest IncomeOther income (loss) as a Net realized and Expense, Net Interest incomeunrealized gain (loss) from derivatives and Net Interest spread that combines interest expense on debt with net interest paid on interest rate swaps associated with debt that were hedged on an economic basis. These are non-GAAP financial measures used by management that the FHLBNY believes are useful to investors and members of the FHLBNY in understanding the Bank’s operational performance and business and performance trends. Although the FHLBNY believes these non-GAAP financial measures enhance investor and members’ understanding of the Bank’s business and performance, these non-GAAP financial measures should not be considered an alternative to GAAP. When discussing non-GAAP measures, the Bank has provided GAAP measures in parallel.hedging activities.

 

9196


Earnings from member capital —Spread and Yield Analysis The FHLBNY earns income from investing its members’ capital to fund interest-earning assets. Member capital increased in
Average balance sheet information is presented below as it is more representative of activity throughout the current year third quarter and year-to-date relative to prior year periods when the surge in advances borrowed by members occurred in the fourth quarterpresented. For most components of 2008. As a result, deployed capital, which is capital stock, retained earnings and net non-interest bearing liabilities grew and provided the FHLBNY with a significant source of income. The lower interest rate environment in the current year periods had an adverse rate related impact on earnings from member capital. An average $8.8 billion in deployed capital in the current year third quarter earned a yield of 1.25%, the annualized yield on aggregate interest-earning assets in the third quarter. In contrast, in the prior year third quarter, the Bank’s average deployed capital was $6.7 billion, significantly lower than the average inbalances, a daily weighted average was calculated for the current year, but earnedperiod. When daily weighted average balance information was not available, a higher yield of 3.11%. Based on an assumption that deployed capitalsimple monthly average balance was invested to earn 1.25%,calculated. Average yields were derived by dividing income by the annualized yield on aggregate earning assets in current year third quarter, and 3.11% in the prior year period, the Bank would have earned $27.6 million from deployed capital in current year third quarter, down from $51.7 million in the prior year period. Typically, the Bank earns relatively greater income in a higher interest rate environment on a given amount of average deployed capital. On a year-to-date basis, the contrast from earnings from deployed capital in the current year period compared to prior year period would have been more significant. In the current year period year-to-date, would have earned $111.5 million compared to $178.1 million in the prior year period.

92


Spread/Yield Analysis:
The following table summarizes the Bank’s net interest income and net interest yield and provides an attribution of changes in rates and volumesbalances of the FHLBNY’s interest-earningrelated assets and interest-bearing liabilities foraverage costs are derived by dividing expenses by the third quartersaverage balances of 2009the related liabilities.
Table 8: Spread and 2008:Yield Analysis
                                                
 Three months ended  Three months ended March 31, 
 September 30, 2009 September 30, 2008  2010 2009 
 Interest Interest    Interest Interest   
 Average Income/ Average Income/    Average Income/ Average Income/   
(dollars in thousands) Balance Expense Rate1 Balance Expense Rate1  Balance Expense Rate1 Balance Expense Rate1 
Earning Assets:
  
Advances $96,703,710 $240,573  0.99% $93,245,965 $678,896  2.90% $91,414,698 $149,640  0.66% $105,343,748 $502,222  1.93%
Certificates of deposit and others 4,105,978 1,866 0.18 7,759,515 54,527 2.80 
Certificates of deposit and other 2,261,163 830 0.15 3,193,686 2,062 0.26 
Federal funds sold and other overnight funds 5,105,043 1,864 0.14 3,911,620 21,316 2.17  5,371,946 1,543 0.12 11,584,490 7,432 0.26 
Investments 12,907,450 117,822 3.62 13,548,202 162,853 4.78  12,412,612 104,398 3.41 12,721,259 135,339 4.31 
Mortgage and other loans 1,360,907 17,405 5.07 1,464,801 19,346 5.25  1,299,588 16,741 5.22 1,449,902 19,104 5.34 
                          
  
Total interest-earning assets
 $120,183,088 $379,530  1.25% $119,930,103 $936,938  3.11% $112,760,007 $273,152  0.98% $134,293,085 $666,159  2.01%
                          
  
Funded By:
  
Consolidated obligations-bonds $69,604,012 $191,708 1.09 $86,739,278 $628,394 2.88  $74,296,820 $154,913 0.85 $76,543,358 $343,707 1.82 
Consolidated obligations-discount notes 39,520,933 31,647 0.32 24,712,661 141,309 2.27  24,555,640 9,657 0.16 46,154,843 89,378 0.79 
Interest-bearing deposits and other borrowings 2,084,189 516 0.10 1,672,191 7,612 1.81  5,051,351 892 0.07 1,823,898 814 0.18 
Mandatorily redeemable capital stock 127,964 1,807 5.60 153,827 1,950 5.04  108,396 1,495 5.59 142,971 878 2.49 
                          
  
Total interest-bearing liabilities
 111,337,098 225,678  0.80% 113,277,957 779,265  2.74% 104,012,207 166,957  0.65% 124,665,070 434,777  1.41%
          
  
Capital and other non-interest- bearing funds 8,845,990  6,652,146  
Capital and other non-interest-bearing funds 8,747,800  9,628,015  
                      
  
Total Funding
 $120,183,088 $225,678 $119,930,103 $779,265  $112,760,007 $166,957 $134,293,085 $434,777 
                  
  
Net Interest Income/Spread
 $153,852  0.45% $157,673  0.37% $106,195  0.33% $231,382  0.60%
                  
  
Net Interest Margin
  
(Net interest income/Earning Assets)
  0.51%  0.52%  0.38%  0.70%
          
   
1 Reported yields with respect to advances and debt may not necessarily equal the coupons on the instruments as derivatives are extensively used to change the yield and optionality characteristics of the underlying hedged items. When fixed-rate debt is issued by the Bank and hedged with an interest rate derivative, it effectively converts the debt into a simple floating-rate bond. Similarly, the Bank makes fixed-rate advances to members and hedges the advance with a pay-fixed, receive-variable interest rate derivative that effectively converts the fixed-rate asset to one that floats with prevailing LIBOR rates. Average balance sheet information is presented as it is more representative of activity throughout the periods presented. For most components of the average balances, a daily weighted average balance is calculated for the period. When daily weighted average balance information is not available, a simple monthly average balance is calculated. Average yields are derived by dividing income by the average balances of the related assets and average costs are derived by dividing expenses by the average balances of the related liabilities. Yields and rates are annualized.

 

93


The following table summarizes the Bank’s Net interest income and net interest yield and provides an attribution of changes in rates and volumes of the FHLBNY’s interest-earning assets and interest-bearing liabilities for the nine months ended September 30, 2009 and 2008:
                         
  Nine months ended 
  September 30, 2009  September 30, 2008 
      Interest          Interest    
  Average  Income/      Average  Income/    
(dollars in thousands) Balance  Expense  Rate1  Balance  Expense  Rate1 
Earning Assets:
                        
Advances $100,573,968  $1,094,089   1.45% $88,040,082  $2,211,823   3.36%
Certificates of deposit and others  3,244,842   20,447   0.84   8,668,826   229,611   3.54 
Federal funds sold and other overnight funds  9,640,541   1,933   0.03   3,475,434   69,921   2.69 
Investments  12,660,109   378,797   4.00   12,191,208   453,676   4.97 
Mortgage and other loans  1,404,958   54,679   5.20   1,470,088   58,381   5.30 
                   
                         
Total interest-earning assets
 $127,524,418  $1,549,945   1.62% $113,845,638  $3,023,412   3.55%
                   
                         
Funded By:
                        
Consolidated obligations-bonds $71,387,598  $783,695   1.47  $78,654,860  $1,952,228   3.32 
Consolidated obligations-discount notes  44,783,185   173,228   0.52   26,281,678   559,153   2.84 
Interest-bearing deposits and other borrowings  2,040,807   2,051   0.13   2,044,758   34,217   2.24 
Mandatorily redeemable capital stock  135,084   5,478   5.42   174,156   8,884   6.81 
                   
                         
Total interest-bearing liabilities
  118,346,674   964,452   1.09%  107,155,452   2,554,482   3.18%
                       
                         
Capital and other non-interest- bearing funds  9,177,744          6,690,186        
                   
                         
Total Funding
 $127,524,418  $964,452      $113,845,638  $2,554,482     
                   
                         
Net Interest Income/Spread
     $585,493   0.53%     $468,930   0.37%
                     
                         
Net Interest Margin
                        
(Net interest income/Earning Assets)
        0.61%          0.55%
                       

9497


Rate and Volume Analysis
The Rate and Volume Analysis presents changes in interest income, interest expense, and net interest income that are due to changes in volumes and rates. The following table presentstables present the extent to which changes in interest rates and changes in the volume of interest-earning assets and interest-bearing liabilities affected the FHLBNY’s interest income and interest expense (in thousands):.
             
  Three months ended 
  September 30, 2009 vs. September 30, 2008 
  Increase (decrease) 
  Volume  Rate  Total 
Interest Income
            
Advances $25,244  $(463,567) $(438,323)
Certificates of deposit and others  (25,744)  (26,947)  (52,691)
Federal funds sold and other overnight funds  6,522   (25,974)  (19,452)
Investments  (7,724)  (37,307)  (45,031)
Mortgage loans and other loans  (1,376)  (535)  (1,911)
          
             
Total interest income  (3,078)  (554,330)  (557,408)
          
             
Interest Expense
            
Consolidated obligations-bonds  (124,479)  (312,207)  (436,686)
Consolidated obligations-discount notes  84,907   (194,569)  (109,662)
Deposits and borrowings  1,881   (8,977)  (7,096)
Mandatorily redeemable capital stock  (329)  186   (143)
          
             
Total interest expense  (38,020)  (515,567)  (553,587)
          
             
Changes in Net Interest Income
 $34,942  $(38,763) $(3,821)
          
Table 9: Rate and Volume Analysis
                        
 Nine months ended  For the three months ended 
 September 30, 2009 vs. September 30, 2008  March 31, 2010 vs. March 31, 2009 
 Increase (decrease)  Increase (decrease) 
 Volume Rate Total  Volume Rate Total 
Interest Income
  
Advances $314,598 $(1,432,332) $(1,117,734) $(59,098) $(293,484) $(352,582)
Certificates of deposit and others  (143,533)  (65,664)  (209,197)
Certificates of deposit and other  (497)  (735)  (1,232)
Federal funds sold and other overnight funds 123,919  (191,907)  (67,988)  (2,902)  (2,987)  (5,889)
Investments 17,433  (92,312)  (74,879)  (3,212)  (27,729)  (30,941)
Mortgage loans and other loans  (2,584)  (1,085)  (3,669)  (1,944)  (419)  (2,363)
              
  
Total interest income 309,833  (1,783,300)  (1,473,467)  (67,653)  (325,354)  (393,007)
       
  
Interest Expense
  
Consolidated obligations-bonds  (180,209)  (988,324)  (1,168,533)  (9,808)  (178,986)  (188,794)
Consolidated obligations-discount notes 393,265  (779,190)  (385,925)  (29,495)  (50,226)  (79,721)
Deposits and borrowings  (66)  (32,100)  (32,166) 792  (714) 78 
Mandatorily redeemable capital stock  (1,991)  (1,415)  (3,406)  (256) 873 617 
              
  
Total interest expense 210,999  (1,801,029)  (1,590,030)  (38,767)  (229,053)  (267,820)
              
  
Changes in Net Interest Income
 $98,834 $17,729 $116,563  $(28,886) $(96,301) $(125,187)
              

 

9598


Allowance for Credit Losses
Mortgage loans held-for-portfolio— The Bank recorded a provision of $0.7 million in the 2010 first quarter and $0.4 million in the same period in 2009 in the Statements of Income based on identification of inherent losses under a policy described more fully in the Note — 1 Significant Accounting Policies and Estimates to the unaudited financial statements in this report. Charge offs were insignificant in all periods, and were substantially recovered through the credit enhancement provisions of MPF loans. Cumulatively, the allowance for credit losses has grown to $5.2 million at March 31, 2010, compared to $4.5 million at December 31, 2009, and were recorded as a reduction in the carrying value of Mortgage-loans held-for-portfolio in the Statements of Condition. The FHLBNY believes the allowance for loan losses is adequate to reflect the losses inherent in the FHLBNY’s mortgage loan portfolio at March 31, 2010 and December 31, 2009.
Advances— The FHLBNY’s credit risk from advances at March 31, 2010 and December 31, 2009 were concentrated in commercial banks, savings institutions and insurance companies. All advances were fully collateralized during their entire term. In addition, borrowing members pledged their stock in the FHLBNY as additional collateral for advances. The FHLBNY has not experienced any losses on credit extended to any member since its inception. Based on the collateral held as security and prior repayment history, no allowance for losses is currently deemed necessary.
Non-Interest Income (Loss)
The principal components of non-interest income are described below:
Service fees— Service fees are derived primarily from providing correspondent banking services to members and fees earned on standby letters of credit. Service fees have declined over the years due to declining demand for such services. The Bank does not consider income from such services as a significant element of its operations.
Net realized and unrealized gain (loss) on derivatives and hedging activities— The Bank may designate a derivative as either a hedge ofof: the fair value of a recognized fixed-rate asset or liability or an unrecognized firm commitment (fair value hedge),; a forecasted transaction,transaction; or the variability of future cash flows of a floating-rate asset or liability (cash flow hedge). The Bank may also designate a derivative inas an economic hedge, which does not qualify for hedge accounting under the accounting standards for derivatives and hedging.
Changes in the fair value of a derivative that qualifies as a fair value hedge under the accounting standards for derivatives and hedging and the offsetting gain or loss on the hedged asset or liability that is attributable to the hedged risk are recorded in Other income (loss) as a Net realized and unrealized gain (loss) on derivatives and hedging activities. To the extent that changes in the fair value of the derivative is not entirely offset by changes in the fair value of the hedged asset or liability, the net impact from hedging activities is recorded asrepresents hedge ineffectiveness.
Net interest accruals of derivatives designated in a qualifying fair value or cash flow hedges under the accounting standards for derivatives and hedging are recorded as adjustments to the interest income or interest expense of the hedged assets or liabilities. Net interest accruals of derivatives that do not qualify for hedge accounting under the accounting standards for derivatives and hedging and interest received from in-the-money options are recorded in Other income (loss) as a Net realized and unrealized gain (loss) on derivatives and hedging activities.

99


The effective portion of changes in the fair value of a derivative that is designated and qualifies as a “cash flow” hedge under the accounting standards for derivatives and hedging are recorded in Accumulated other comprehensive income (loss).AOCI.
For all qualifying hedge relationships under the accounting standards for derivatives and hedging, hedge ineffectiveness resulting from differences between changes in fair values or cash flows of the hedged item and changes in fair value of the derivatives are recognized in Other income (loss) as a Net realized and unrealized gain (loss) on derivatives and hedging activities.
Net realized and unrealized gains and losses from qualifying hedging activities under the accounting standards for derivatives and hedging are typically determinedimpacted by changes in the benchmark interest rate (designated as LIBOR by the FHLBNY) and the degree of ineffectiveness of hedging relationships between the change in the fair value of derivatives and the change in the fair value of the hedged assets and liabilities attributable to changes in benchmark interest rate. Typically, such gains and losses represent hedge ineffectiveness between changes in the fair value of the hedged item and changes in the fair value of the derivative.

96


Redemption of Extinguishmentfinancial instruments and extinguishment of debt— The Bank retires debt principally to reduce future debt costs when the associated asset is either prepaid or terminated early. Typically, debt retirement is associated with theearly, and less frequently from prepayments of advances and commercial mortgage-backed securities for whichsecurities. The Bank typically receives prepayment fees to make the Bank may receive prepayment fees.FHLBNY economically indifferent to the prepayment. When assets are prepaid ahead of their expected or contractual maturities, the Bank also attempts to extinguish debt (consolidated obligation bonds) in order to realign asset and liability cash flow patterns. Bond retirement typically requires a payment of a premium resulting in a loss.
Non-Interest Income
The following table summarizes non-interestsets forth the main components of Other income (loss) (in thousands):
                 
  Three months ended  Nine months ended 
  September 30,  September 30, 
  2009  2008  2009  2008 
Other income (loss):                
Service fees $1,101  $934  $3,181  $2,422 
Instruments held at fair value — Unrealized gain  426   3,582   8,653   3,582 
                 
Total OTTI losses  (30,169)     (118,160)   
Portion of loss recognized in other comprehensive income  26,486      103,884    
             
Net impairment losses recognized in earnings  (3,683)     (14,276)   
             
                 
Net realized and unrealized gain (loss) on derivatives and hedging activities  59,639   (25,515)  124,613   (65,196)
Net realized gain from sale of available-for-sale and held-to-maturity securities        721   1,058 
Provision for derivative counterparty credit losses     (64,523)     (64,523)
Other  (39)  92   59   (42)
             
Total other income (loss)
 $57,444  $(85,430) $122,951  $(122,699)
             

97


Net impairment losses recognized in earnings on held-to-maturity securities - Other-than-temporary impairmentTable 10: Other Income
An other-than-temporary impairment (“OTTI”) of $3.7 million was recorded as a charge to Other income (loss) in the current year third quarter. In the first two quarters, the Bank had also recorded a charge of $10.6 million. In the third quarter, management determined that three held-to-maturity private-label MBS had become credit impaired, and the Bank recognized a credit impairment of $1.5 million. The Bank’s impairment assessment of certain MBS that were previously determined to be OTTI also resulted in the recognition of $2.2 million in additional credit impairment charges, for a total charge of $3.7 million recorded through earnings in the current year third quarter. The charges represented the credit loss component of OTTI. The non-credit component of OTTI associated with the impairment in the third quarter was $26.5 million and was recorded as a loss in Accumulated other comprehensive income (loss). Although thirteen of the fifteen securities that have been impaired through the current year third quarter are insured by bond insurers, Ambac and MBIA, the Bank’s analysis of the two bond insurers concluded that future credit losses due to projected collateral shortfalls of the impaired securities would not be fully supported by the two bond insurers.
         
  Three months ended March 31, 
  2010  2009 
Other income (loss):        
Service fees $1,045  $985 
Instruments held at fair value-Unrealized (loss) gain  (8,419)  8,313 
Total OTTI losses  (3,873)  (15,203)
Portion of loss recognized in other comprehensive income  473   9,938 
       
Net impairment losses recognized in earnings  (3,400)  (5,265)
       
Net realized and unrealized (loss) on derivatives and hedging activities  (363)  (13,666)
Net realized gain from sale of available-for-sale securities  708   440 
Other  (227)  46 
       
Total other income (loss)
 $(10,656) $(9,147)
       
On a year-to-date basis, the Bank’s analysis of its investments determined that fifteen held-to-maturity private-label MBS were credit impaired and to be OTTI, and $14.3 million was recorded as a charge to Other income (loss). The non-credit component of OTTI recorded in Accumulated other comprehensive income through the third quarter was $103.9 million. The Bank did not experience any OTTI during 2008 or 2007.
The table below summarizes the sources of the credit losses recognized year-to-date September 30, 2009 (dollars in thousands):
                                             
      September 30, 2009 
      Insurer MBIA  Insurer Ambac  Uninsured  OTTI  Gross OTTI Losses 
Security         Fair      Fair      Fair  Credit  Non-credit  Less than  More than 
Classification Count  UPB  Value  UPB  Value  UPB  Value  Loss  Loss  12 months  12 months 
 
RMBS-Prime*
  1  $  $  $  $  $56,867  $54,687  $(438) $(2,766) $(3,204) $ 
HEL Subprime*
  14   35,616   20,653   181,995   117,651   62,461   38,392   (13,838)  (101,118)     (114,956)
                                  
Total
  15  $35,616  $20,653  $181,995  $117,651  $119,328  $93,079  $(14,276) $(103,884) $(3,204) $(114,956)
                                  
*RMBS-Prime — Private-label MBS supported by prime residential loans; HEL Subprime — MBS supported by home equity loans.
                                             
      Q3 2009 activity 
      Insurer MBIA  Insurer Ambac  Uninsured  OTTI  Gross OTTI Losses 
Security         Fair      Fair      Fair  Credit  Non-credit  Less than  More than 
Classification Count  UPB  Value  UPB  Value  UPB  Value  Loss  Loss  12 months  12 months 
 
RMBS-Prime*
    $  $  $  $  $  $  $  $  $  $ 
HEL Subprime*
  10   13,304   7,680   121,435   79,700   62,460   38,392   (3,683)  (26,486)     (30,169)
                                  
Total
  10  $13,304  $7,680  $121,435  $79,700  $62,460  $38,392  $(3,683) $(26,486) $  $(30,169)
                                  
*RMBS-Prime — Private-label MBS supported by prime residential loans; HEL Subprime — MBS supported by home equity loans.
Bond insurer counterparty risks- The current weakened financial condition of Ambac Assurance Corp., (“Ambac”) and MBIA Insurance Corp (“MBIA”) creates a risk that these counterparties will fail to fulfill their claims paying obligations for certain insured private-label MBS owned by the FHLBNY. The FHLBNY has determined that the two monoline insurers are at risk with respect to their claims paying ability, and has also determined that the FHLBNY may rely on the two bond insurers to remain as viable financial guarantors until July 31, 2016 with respect to Ambac, and March 31, 2012 with respect to MBIA. The FHLBNY’s cash flow assessment has determined that absent bond insurance, certain private-label MBS will experience credit impairment in future periods, and has deemed such MBS as OTTI, and recorded credit impairment losses. If the financial condition of the two bond insurers worsens, it could result in a shortening of the length of time the securities could rely on the two bond insurers for cash flow support. This in turn would result in the recognition of additional credit impairment losses on securities already deemed OTTI.
The following table summarizes MBS insured by MBIA and Ambac, and identifies additional credit losses should the two bond insurers fail to provide any support effective September 2009. The analysis below is a point in time analysis and forecasted credit losses may be greater should the underlying collateral within the insured MBS perform worse than expected as of September 30, 2009 (in thousands):
                             
      September 30, 2009       
      Insurer MBIA  Cumulative OTTI Recorded  Additional 
  No. of  Amortized  Carrying  Fair  Credit  Non-credit  Credit losses if zero 
Ratings Securities  Cost Basis  Value  Value  Loss  Loss  insurance assumed 
Impaired
  2  $30,242  $20,600   20,653  $(5,370) $(10,075) $(1,036)
Unimpaired
  1   2,948   2,948   2,337          
                      
Total
  3  $33,189  $23,548  $22,990  $(5,370) $(10,075) $(1,036)
                      
                             
      September 30, 2009       
      Insurer Ambac  Cumulative OTTI Recorded  Additional 
  No. of  Amortized  Carrying  Fair  Credit  Non-credit  Credit losses if zero 
Ratings Securities  Cost Basis  Value  Value  Loss  Loss  insurance assumed 
Impaired
  11  $174,462  $109,189   117,651  $(7,411) $(68,040) $(5,804)
Unimpaired
  2   36,400   36,400   22,853          
                      
Total
  13  $210,862  $145,590  $140,504  $(7,411) $(68,040) $(5,804)
                      

98


Earnings impact of Instruments held at fair value
Under the accounting standards onfor the fair value option (“FVO”) for financial assets and liabilities, the FHLBNY elected to carry certain consolidated obligation bonds at fair value.value in the Statements of Condition. The Bank records changes in the unrealized fair value gains and losses on these liabilities in instruments held at fair value.Other income. In general, transactions elected for the fair value option are in economic hedge relationships. The notional amounts of interest rate swaps executed and outstanding at September 30,March 31, 2010 and December 31, 2009 and 2008 were $2.4$6.8 billion and $589.0 million$6.0 billion, and were executed to offset the fair value volatility of consolidated obligation bonds elected under the fair value option.FVO.

100


The fair value adjustments on consolidated obligation bonds carried at fair value in the current year third2010 first quarter resulted in net unrealized fair value losses of $8.4 million. In a declining interest rate environment at March 31, 2010, the fair values of fixed-rate debt declined. In the same period in 2009, the Bank recorded a fair value gain of $0.4$8.3 million, as almost all debt designated under the FVO matured and previously recorded unrealized losses reversed in earnings, compared to a gain of $3.6 million in the prior yearthat period. On a year-to-date basis, net fair value gains of $8.7 million were recorded in the current year period compared to $3.6 million in the prior year period. Gains in the current year-to-date period primarily represented the reversal of bonds that were in net unrealized loss positions at the beginning of the current year. When bonds recorded at fair value are held to maturity, their cumulative fair value changes sum to zero at maturity. These
The Bank hedges debt designated under the FVO on an economic basis by executing interest-rate swaps with terms that matches such debt. Unrealized losses in 2010 first quarter, and gains in the same period in 2009 were partiallyalmost entirely offset by lossesfair value changes on derivatives that economically hedged the debt. For more information, see Note 17 — Fair Values of financial instruments to the unaudited financial statements in this report.
Net impairment losses recognized in earnings on held-to-maturity securities — Other-than-temporary impairment
In the 2010 first quarter, the FHLBNY identified credit impairment on five of its private-label mortgage-backed securities. Cash flow assessments of the expected credit performance of the five securities resulted in the recognition of $3.4 million as other-than-temporary impairment (“OTTI”) which was a charge to earnings. All five securities had been previously determined to be OTTI in 2009, and the additional impairment or re-impairment in the 2010 first quarter was due to further deterioration in the credit default rates of the five securities. In the 2009 first quarter, the Bank’s cash flow impairment analysis determined two private-label MBS were credit impaired and credit related OTTI of $5.3 million were charged to earnings. In the 2009 first quarter, the FHLBNY early adopted the amended OTTI guidance, that resulted in only the credit portion of the OTTI incurred on a security to be recognized in earnings and the non-credit portion of OTTI (market value or fair value losses) incurred to be recognized in AOCI. Prior to 2009, if an impairment was determined to be other-than-temporary, the impairment loss recognized in earnings was equal to the entire difference between the security’s amortized cost basis and its fair value. The FHLBNY had not determined any security as impaired prior to 2009 first quarter.

101


Earnings impact of derivatives and hedging activities
Net realized and unrealized gain (loss) from derivatives and hedging activities.
activities — The FHLBNY reported the following net gains (losses) from derivatives and hedging activities (in thousands):
                 
  Three months ended  Nine months ended 
  September 30,  September 30, 
  2009  2008  2009  2008 
Earnings impact of derivatives and hedging activities gain (loss):
                
Derivatives designated as hedging instruments
                
Cash flow hedges-ineffectiveness $  $  $  $(9)
Fair value hedges-ineffectiveness  349   11,863   13,080   6,240 
Derivatives not designated as hedging instruments
                
Economic hedges-fair value changes-options  18,891   (8,204)  49,557   (6,152)
Net interest income-options  (1,786)  (19)  (3,731)  99 
Economic hedges-fair value changes-MPF delivery commitments  47   141   (49)  17 
Fair value changes-economic hedges1
  21,218   (26,180)  105,769   (46,108)
Net interest expense-economic hedges1
  18,382   (20,743)  (37,708)  (36,910)
Balance sheet — Macro hedges swaps  210   19,983   2,617   19,983 
Derivatives designated under fair value option
                
Fair value changes-interest rate swaps/Bonds  2,328   (2,356)  (4,922)  (2,356)
             
                 
Net impact on derivatives and hedging activities
 $59,639  $(25,515) $124,613  $(65,196)
             
Table 11: Earnings Impact of Derivatives — By Hedge Type
         
  Three months ended March 31, 
  2010  2009 
Earnings impact of derivatives and hedging activities gain (loss):
        
Derivatives designated as hedging instruments 2
        
Cash flow hedges-ineffectiveness $  $ 
Fair value hedges-ineffectiveness  4,623   2,271 
Derivatives not designated as hedging instruments
        
Economic hedges-fair value changes-options  (30,716)  1,221 
Net interest income-options  (1,989)  (692)
Economic hedges-fair value changes-MPF delivery commitments  149   59 
Fair value changes-economic hedges1
  (16,484)  35,065 
Net interest expense-economic hedges1
  29,492   (46,196)
Balance sheet — Macro hedges swaps  173   2,233 
Derivatives matched to bonds designated under FVO
        
Fair value changes-interest rate swaps/bonds  14,389   (7,627)
       
         
Net realized and unrealized (loss) on derivatives and hedging activities
 $(363) $(13,666)
       
   
1 Includes de minimis amount of net gains on member intermediated swaps.
2Net interest settlements from interest rate swaps hedging advances and consolidated obligations in a designated accounting relationship are recorded in interest income and interest expense.

99


Key components of hedging activitiesgains and losses recorded in the Statements of Income for the current and prior year second quarter and year-to-date recorded as a Net realized and unrealized gain (loss) from hedging activities are described below.
The recorded hedging gains for the current year quarter were primarily due to: — (1) Favorable changes in fair values of interest rate swaps designated in economic hedges of consolidated obligation bonds. (2) Favorable changes in fair values of interest rate caps designated in economic hedges of the balance sheet. In a rising rate environment, purchased caps will show favorable
Hedge ineffectiveness from fair value gains. Such gains are unrealized and will also reverse if the caps are held to their contractual maturities. (3) Income recorded due to favorable cash flows associated with the interest rate exchange agreements of swaps designated as economic hedges.
Hedge ineffectiveness resulting from qualifying hedges of advances and consolidated obligation liabilities that qualified for hedge accounting treatment. Hedge ineffectiveness is typically the difference between changes in fair values of hedged consolidated obligation bonds and advances due to changes in the benchmark rate (adopted as the 3-month LIBOR rate) and changes in the fair value of the associated derivatives.
Fair value changes of interest rate swaps designated in economic hedges of consolidated obligation debt, without the offsetting benefit of fair value changes of the hedged debt.
Fair value changes of interest rate caps designated in economic hedges of GSE issued capped floating-rate MBS. Market pricing of the tenor and strikes of caps owned by the FHLBNY has fallen steeply at March 31, 2010, relative to December 31, 2009 primarily because of lower volatilities for such caps. As result, purchased caps are exhibiting fair value losses. The fair values of the caps, which stood at $41.1 million at March 31, 2010, will ultimately decline to zero if the caps are held to their contractual maturities.
Swap income or expense, primarily swap interest accruals, associated with swaps designated as economic hedges.
Qualifying hedges under the accounting standards for derivatives and hedging were not significant in the current year third quarter. Hedge ineffectiveness is typically the difference between changes in fair values of interest rate swaps and hedged consolidated obligation bonds and advances.
The recorded hedging gains for the year-to-date current year period were also primarily due to favorableoccurs when changes in the fair value of the derivative and the associated hedged financial instrument, generally debt or an advance, do not perfectly offset each other. Hedge ineffectiveness is associated with changes in the benchmark interest rate and volatility, and the extent of the mismatch of the structures of the derivative and the hedged financial instrument.

102


In the 2010 first quarter, hedge ineffectiveness was a net fair value gain of $4.6 million. Fair value hedges of fixed-rate consolidated obligation bonds resulted in fair value gains of $4.0 million, and hedges of fixed-rate advances resulted in a small gain of $0.6 million. Hedging gains in part were due to the reversal of 2009 fair value losses of debt hedges that matured in 2010 or were effectively matured when call options were exercised, and in part as a result of market volatility of interest rates causing fair values of hedged bonds to diverge from the swap fair values.
In the 2009 first quarter, net fair value gains were $2.3 million, comprising of $12.9 million in fair value gains from hedges of fixed-rate debt, partly offset by fair value losses of $10.6 million from hedges of fixed-rate advances. Such gains and losses represented hedge ineffectiveness caused by the asymmetrical impact of interest rate swaps designated in economic hedges of consolidated obligation bondsvolatility on hedged debt and favorable changes in the fair values of interest rate caps, as well as the reversal of previously recognized unrealized net fair value losses on interest rateadvances and associated swaps. Favorable changes in the current year-to-date period were partly offset by unfavorable expense related to the cash flows (interest accruals) associated with the interest rate exchange agreements of swaps designated as economic hedges.
Economic hedges— An economic hedge represents derivative transactions that are an approved risk management hedge but may not qualify for hedge accounting treatment under the accounting standards for derivatives and hedging. When derivatives are designated as economic hedges, the fair value changes due to changes in the interest rate and volatility of rates are recorded through the Statements of Incomeearnings without the offsetting change in the fair values of the hedged advances and debt as would be afforded under the derivatives and hedge accounting rules. In general, the FHLBNY’s derivatives are held to maturity or to their call or put dates. At inception, the fair value is “at market” and is generally zero. Until the derivative matures or is called or put on pre-determined dates, fair values will fluctuate with changes in the interest rate environment and volatility observed in the swap market. At maturity or scheduled call or put dates, the fair value will generally reverse to zero as the Bank’s derivatives settle at par. Therefore, nearly all of the cumulative net gains and losses that are unrealized at a point in time will reverse over the remaining contractual terms so that the cumulative gains or losses will sum to zero over the contractual maturity, scheduled call, or put dates.
However, interest income and expense have economic consequences since they result in exchanges of cash payments or receipts. If a derivative is prepaid prior to maturity or at predetermined call and put dates, they are settled at the then existing fair values in cash. Under hedge accounting rules, net swap interest expense and income associated with swaps in economic hedges of assets and liabilities are recorded as hedging losses and gains. InOn the currentother hand, when swaps qualify for hedge accounting treatment, interest income and interest expense from interest rate swaps are reported as a component of Net interest income together with interest on the instrument being hedged.
Economic hedges
Interest rate swaps— Fair value changes— At March 31, 2010, the notional amounts of swap and caps designated as economic hedges declined by $10.2 billion ($30.6 billion at March 31, 2010 and $40.8 billion at March 31, 2009) from the amounts outstanding at March 31, 2009. During the 2010 first quarter net cash flows were favorable and gains were recorded, in contrast to unfavorable net cash flows for the current year-to-date period.
Qualifying hedges under the accounting standards for derivatives and hedging— Hedge ineffectiveness occurs when changes in the fair value ofsame period in 2009, the derivative and the associated hedged financial instrument, generally a debt or advance, do not perfectly offset each other. Hedge ineffectiveness is associated with changes in the benchmark interest rate and volatility and the extent of the mismatch of the structure of a derivative and the hedged financial instrument.

100


Economicprimary economic hedges were:
 Interest rate swaps— In the current year three quarters, the primary economic hedges were : (1) Interest rate “Basis swaps” that synthetically converted floating-rate funding based on Primenon-Prime rate, Federal funds rate, and the 1-month LIBOR rate to 3-month LIBOR rate. (2)
Interest rate swaps hedging balance sheet risk. (3) 
Interest rate swaps hedging discount notes. (4) Interest-rate swaps hedgingnotes and short-term fixed-rate consolidated obligation bonds. Changes in the fair values of interest rate swaps in economic hedges, often referred to as “one-sided marks” resulted in a net favorable fair value gains of $42.1 million in the current year third quarter and $65.8 million year-to-date. As described in the previous paragraph, most of the net fair value gains are reversal of previously recorded fair value losses. Included in the net gain were favorable cash flows (interest accruals) of $19.1 million recorded as income in the current year third quarter associated with the interest rate swaps in economic hedges; in contrast, on a year-to-date basis, included in the net gain the cash flow accrual was a loss of $36.9 million due to unfavorable cash flows associated with interest rate swaps designated in economic hedges.
 Interest rate caps— were also designatedswaps that had been de-designated as economic hedges of advances and fair value changes of purchased caps resulted also contributed to recorded fair value gains from derivatives and hedging activities inbonds because the current year third quarter. The Bank has $1.9 billion (notional amount) in purchased interest rate caps and mitigates certain balance sheet risk metrics. The fair values of the caps were recorded as derivative assets in the Statements of Condition with an offset in the Statements of Income as Net realized and unrealized gain (loss) from derivatives and hedging activities. In a rising interest rate environment at September 30, 2009, relative to December 31, 2008, the fair values of interest rate caps exhibited favorable fair value gains, which will reverse over the contractual life of the caps if held to maturity.hedges had became ineffective.

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Qualifying hedges under the accounting standards for derivatives and hedging
Net fair value changes from qualifying hedges under the accounting standards for derivatives and hedging resulted in recorded net fair value gain of $0.3 million in current year third quarter and $13.1 million year-to-date 2009. Typically, gains and losses in a qualifying hedge represent hedge ineffectiveness due to changes in fair values of hedged advances and debt from changes in the benchmark rate (LIBOR for the Bank) that are not entirely offset by changesChanges in the fair values of interest rate swaps in economic hedges, often referred to as “one-sided marks”, resulted in net fair value losses of $5.0 million in the swaps.2010 first quarter, compared to net losses of $15.9 million in the same period in 2009. The principal components were:
Consolidated bond economic hedges — In the 2010 first quarter, a significant portion of basis swaps matured and almost all previously recorded fair value gains reversed and net unrealized losses were recorded in the period. The fair value basis changes of the remaining basis swaps were not significant as the swaps were nearing maturity. In the same period in 2009, net unrealized gains were recorded.
Consolidated discount note economic hedges — In the 2010 first quarter, unrealized losses were primarily due to the reversal of gains at the beginning of the period as swaps executed to hedge value risk of discount notes were nearing maturity at March 31, 2010.
Cash flows (Net interest accruals)— Swap interest accruals are recorded as interest income or interest expense as a Net realized and unrealized gain (loss) on derivatives and hedging activities if the swap is designated as an economic hedge. If the swap qualifies for hedge accounting treatment, cash flows are recorded as a component of Net interest income. The classification of swap accruals, either as a component of Net interest income or derivatives and hedging activities, has no impact on Net income.
In the 2010 first quarter, net interest accrual income of $29.5 million were recorded as a component of derivatives and hedging activities. They represented the net cash in-flows from swaps that were designated as economic hedges of consolidated obligation bonds, discount notes, and a handful of advances.
In the 2009 first quarter, net cash flow accrual was an expense of $46.2 million from swaps, primarily basis swaps hedging the basis risk of changes in floating-rate debt that were indexed to rates other than 3-month LIBOR. Under the contractual terms of the basis swaps the FHLBNY was receiving cash flows indexed to an agreed upon spread to the daily Federal funds effective rate, the 1-month LIBOR rate, and the Prime rate, and in return paying cash flows indexed to an agreed upon spread to the 3-month LIBOR rate. The daily Federal funds rates and the 1-month LIBOR rates (cash received by the Bank) were considerably lower in the 2009 first quarter than the 3-month LIBOR rates (Cash paid by the Bank), and resulted in net cash outflows. The formula for computing the cash flows of swaps indexed to the Prime rate also resulted in net cash outflows. These factors explain the significant net interest expenses recorded in the 2009 first quarter in Other income as a component of derivatives and hedging activities.
Interest rate caps— Unfavorable fair values of purchased caps resulted in net unrealized fair value losses of $30.4 million in the 2010 first quarter. The purchased caps have been losing fair value gains recorded at the beginning of 2010 first quarter. Fair values of interest rate caps were $41.1 million at March 31, 2010 and will reverse to zero over the contractual life of the caps if held to maturity. In the 2009 first quarter, the aggregate fair values of purchased caps improved only marginally from its fair value basis at the beginning of the period in 2009, and unrealized gains of $1.2 million were recorded.

104


Derivative gains and losses reclassified from Accumulated other comprehensive income (loss) to current period income —The following table summarizes changes in derivative gains and (losses) and reclassifications into earnings from Accumulated other comprehensive income (loss)AOCI in the Statements of Condition (in thousands):
                 
  Three months ended  Nine months ended 
  September 30,  September 30, 
Accumulated other comprehensive income/(loss) from cash flow hedges 2009  2008  2009  2008 
 
Beginning of period $(26,402) $(33,698) $(30,191) $(30,215)
Net hedging transactions     61      (6,100)
Reclassified into earnings  1,898   1,667   5,687   4,345 
             
                 
End of period $(24,504) $(31,970) $(24,504) $(31,970)
             
Table 12: Gains/(Losses) Reclassified from AOCI to Current Period Income from Cash Flow Hedges

101

         
  Three months ended March 31, 
Accumulated other comprehensive income/(loss) from cash flow hedges 2010  2009 
Beginning of period $(22,683) $(30,191)
Net hedging transactions  392    
Reclassified into earnings  1,740   1,879 
       
         
End of period $(20,551) $(28,312)
       


Cash Flow Hedges
In the 2010 first quarter, $1.7 million was reclassified from AOCI as an interest expense at the same time as the recognition of interest expense of the debt that had been hedged by the cash flow hedges in prior years.
There were no material amounts for the currentfirst quarter of 2010 or prior year first quarters2009 that were reclassified from Accumulated other comprehensive income (loss)AOCI into earnings as a result of the discontinuance of cash flow hedges because it became probable that the original forecasted transactions would not occur by the end of the originally specified time period or within a two-month period thereafter. Ineffectiveness from hedges designated as cash flow hedges was not material in any periods reported in this Form 10-Q.
Over the next twelve months, it is expected that $7.1$6.6 million of net losses recorded in Accumulated other comprehensive income (loss)AOCI will be recognized as a charge to earnings.an interest expense.
Debt Extinguishmentextinguishment and sales of available-for-sale securities
The Bank retired $500.0 million of consolidated obligation bond in the current year third quarter at a loss of $69.5 thousand. No debt was retired or transferred in 2010 first quarter or in the prior two quarters ofsame period in 2009.
In the first quarter of 2010, the Bank sold mortgage-backed securities from its AFS portfolio at a gain of $0.7 million. In the same period in 2009, the Bank also sold mortgage-backed securities designated as AFS for a gain of $0.4 million.

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Other Expenses (Non-Interest Expense)Non-Interest Expense
The primary components of Other expenses are Operating expenses and Assessments. Operating expenses included the administrative and overhead costs of operating the Bank and the operating costs of providing advances and managing collateral associated with the advances, managing the investment portfolios, and providing correspondent banking services to members.
The FHLBanks, including the FHLBNY, fund the cost of the Office of Finance, a joint office of the FHLBanks that facilitates issuing and servicing the consolidated obligations of the FHLBanks, preparation of the combined quarterly and annual financial reports, and certain other functions. The FHLBanks are also assessed the operating expenses of the Finance Agency, the regulator of the FHLBanks.
The following table sets forth the principalmain components of Other expenses (in thousands):
                 
  Three months ended September 30,  Nine months ended September 30, 
  2009  2008  2009  2008 
Other expenses:                
Operating $17,810  $16,549  $53,970  $49,489 
Finance Agency and Office of Finance  1,834   1,350   5,663   4,268 
             
Total other expenses
 $19,644  $17,899  $59,633  $53,757 
             
Table 13: Other Expenses

102

         
  Three months ended March 31, 
  2010  2009 
Other expenses:        
Operating $19,236  $18,094 
Finance Agency and Office of Finance  2,418   1,967 
       
Total other expenses
 $21,654  $20,061 
       


Operating expenses rose 6.3% in the 2010 first quarter, compared to the same period in 2009. Consulting costs were higher, and they ranged from strategic to information systems planning and implementation. Consulting cost with respect to the implementation of OTTI caused increases in audit and audit related expenses. The cost of compliance remains a very significant overhead expense for the Bank.
Operating Expenses
The following table summarizessets forth the major categories of operating expenses (dollars in thousands):
                 
  Three months ended September 30, 
      Percentage of      Percentage of 
  2009  total  2008  total 
                 
Salaries and employee benefits $12,075   67.80% $11,134   67.28%
Temporary workers  3   0.02   115   0.69 
Occupancy  1,128   6.33   1,092   6.60 
Depreciation and leasehold amortization  1,369   7.69   1,217   7.35 
Computer service agreements and contractual services  1,395   7.83   945   5.71 
Professional and legal fees  356   2.00   642   3.88 
Other*  1,484   8.33   1,404   8.49 
             
                 
Total operating expenses
 $17,810   100.00% $16,549   100.00%
             
Table 14: Operating Expenses
                                
 Nine months ended September 30,  Three months ended March 31, 
 Percentage of Percentage of  Percentage of Percentage of 
 2009 total 2008 total  2010 total 2009 Total 
  
Salaries and employee benefits $36,036  66.77% $33,515  67.72% $12,894  67.03% $12,088  66.81%
Temporary workers 128 0.24 220 0.44  39 0.20 103 0.57 
Occupancy 3,273 6.06 3,097 6.26  1,062 5.52 1,056 5.83 
Depreciation and leasehold amortization 4,020 7.45 3,575 7.22  1,366 7.10 1,324 7.32 
Computer service agreements and contractual services 4,670 8.65 3,162 6.39  1,901 9.88 1,462 8.08 
Professional and legal fees 1,144 2.12 1,604 3.24  542 2.82 449 2.48 
Other* 4,699 8.71 4,316 8.73 
Other * 1,432 7.45 1,612 8.91 
                  
  
Total operating expenses
 $53,970  100.00% $49,489  100.00% $19,236  100.00% $18,094  100.00%
                  
   
* Other primarily represents —represents- audit fees, Directordirector fees and expenses, Insuranceinsurance and telecommunicationstelecommunications.
Assessments
Each FHLBank is required to set aside a portion of earnings to fund its Affordable Housing Program (“AHP”) and to satisfy its Resolution Funding Corporation assessment (“REFCORP”). AHP assessments are set aside from Net income for future grants and contributions towards the program. REFCORP expenses are paid to the United States Treasury.
Both the REFCORP and AHP assessments are based on income and the increases reflect the change in pre-assessment income for the current year third quarter and year-to-date compared to the prior year periods.

 

103106


Financial Condition: Assets, Liabilities, Capital, Commitments and CapitalContingencies:
                 
          Net change in  Net change in 
(Dollars in thousands) September 30, 2009  December 31, 2008  dollar amount  percentage 
Assets
                
Cash and due from banks $1,189,158  $18,899  $1,170,259   NM%
Interest-bearing deposits     12,169,096   (12,169,096)  (100.00)
Federal funds sold  3,900,000      3,900,000   100.00 
Available-for-sale securities  2,362,592   2,861,869   (499,277)  (17.45)
Held-to-maturity securities                
Long-term securities  10,478,027   10,130,543   347,484   3.43 
Certificates of deposit  2,000,000   1,203,000   797,000   66.25 
Advances  95,944,732   109,152,876   (13,208,144)  (12.10)
Mortgage loans held-for-portfolio  1,336,228   1,457,885   (121,657)  (8.34)
Accrued interest receivable  354,934   492,856   (137,922)  (27.98)
Premises, software, and equipment  14,596   13,793   803   5.82 
Derivative assets  9,092   20,236   (11,144)  (55.07)
Other assets  14,957   18,838   (3,881)  (20.60)
             
                 
Total assets
 $117,604,316  $137,539,891  $(19,935,575)  (14.49)%
             
                 
Liabilities
                
Deposits                
Interest-bearing demand $2,255,403  $1,333,750  $921,653   69.10%
Non-interest bearing demand  4,968   828   4,140   500.00 
Term  15,600   117,400   (101,800)  (86.71)
             
                 
Total deposits  2,275,971   1,451,978   823,993   56.75 
             
                 
Consolidated obligations                
Bonds  69,670,836   82,256,705   (12,585,869)  (15.30)
Discount notes  38,385,244   46,329,906   (7,944,662)  (17.15)
             
Total consolidated obligations  108,056,080   128,586,611   (20,530,531)  (15.97)
             
                 
Mandatorily redeemable capital stock  127,882   143,121   (15,239)  (10.65)
                 
Accrued interest payable  337,221   426,144   (88,923)  (20.87)
Affordable Housing Program  144,822   122,449   22,373   18.27 
Payable to REFCORP  38,692   4,780   33,912   709.46 
Derivative liabilities  871,744   861,660   10,084   1.17 
Other liabilities  91,115   75,753   15,362   20.28 
             
                 
Total liabilities
  111,943,527   131,672,496   (19,728,969)  (14.98)
             
                 
Capital
  5,660,789   5,867,395   (206,606)  (3.52)
             
                 
Total liabilities and capital
 $117,604,316  $137,539,891  $(19,935,575)  (14.49)%
             
Table 15: Statements of Condition
                 
          Net change in  Net change in 
(Dollars in thousands) March 31, 2010  December 31, 2009  dollar amount  percentage 
Assets
                
Cash and due from banks $1,167,824  $2,189,252  $(1,021,428)  (46.66)%
Federal funds sold  3,130,000   3,450,000   (320,000)  (9.28)
Available-for-sale securities  2,654,814   2,253,153   401,661   17.83 
Held-to-maturity securities                
Long-term securities  9,776,282   10,519,282   (743,000)  (7.06)
Advances  88,858,753   94,348,751   (5,489,998)  (5.82)
Mortgage loans held-for-portfolio  1,287,770   1,317,547   (29,777)  (2.26)
Accrued interest receivable  320,730   340,510   (19,780)  (5.81)
Premises, software, and equipment  14,046   14,792   (746)  (5.04)
Derivative assets  9,246   8,280   966   11.67 
Other assets  19,761   19,339   422   2.18 
             
                 
Total assets
 $107,239,226  $114,460,906  $(7,221,680)  (6.31)%
             
                 
Liabilities
                
Deposits                
Interest-bearing demand $7,942,668  $2,616,812  $5,325,856  NM%
Non-interest bearing demand  6,254   6,499   (245)  (3.77)
Term  28,000   7,200   20,800  NM 
             
                 
Total deposits  7,976,922   2,630,511   5,346,411  NM 
             
                 
Consolidated obligations                
Bonds  72,408,203   74,007,978   (1,599,775)  (2.16)
Discount notes  19,815,956   30,827,639   (11,011,683)  (35.72)
             
Total consolidated obligations  92,224,159   104,835,617   (12,611,458)  (12.03)
             
                 
Mandatorily redeemable capital stock  105,192   126,294   (21,102)  (16.71)
                 
Accrued interest payable  330,715   277,788   52,927   19.05 
Affordable Housing Program  145,660   144,489   1,171   0.81 
Payable to REFCORP  13,873   24,234   (10,361)  (42.75)
Derivative liabilities  850,911   746,176   104,735   14.04 
Other liabilities  216,168   72,506   143,662  NM 
             
                 
Total liabilities
  101,863,600   108,857,615   (6,994,015)  (6.42)
             
                 
Capital
  5,375,626   5,603,291   (227,665)  (4.06)
             
                 
Total liabilities and capital
 $107,239,226  $114,460,906  $(7,221,680)  (6.31)%
             
Balance sheet overview
The FHLBNY continued to experience balance sheet contraction in the 2010 first quarter, as both its lending and funding declined. Advances to member banks declined to a level more typical of that before the credit crisis to $88.9 billion from a peak of approximately $109.1 billion in 2008. The decline has occurred as member banks have taken advantage of improved availability of alternate funding sources such as deposits and senior unsecured borrowings in a more liquid market. Member demand for borrowed advances have also declined as loan demand from member customers may have stayed lukewarm due to nationally weak economic conditions.

 

104107


Balance sheet overview
At September 30, 2009,March 31, 2010, the FHLBNY’s Total assets were $117.6$107.2 billion, a decrease of $19.96.3%, or $7.2 billion or 14.5%, from December 31, 2008.2009. The Bank’s balance sheet management strategy has been to keep balance sheet growth or decline in line with the changes in member demand for advances.advances, which declined 5.8%.
Advances borrowed by members stood at $95.9 billion at September 30, 2009, a decline of $13.3 billion, or 12.1% from the outstanding balance at December 31, 2008. Member demand for advance borrowings(GRAPH)
The FHLBNY’s investment strategy continues to be restrained, and were limited to investments in the current year third quarter has been concentrated in the longer-term fixed-rate advance products, and weak demand for short-term fixed-rate and adjustable-rate borrowings. It appears that members are attempting to lock-in longer maturity borrowings at prevailing interest rates. Outstanding amounts of short-term fixed-rate advances, adjustable-rate advances, and overnight borrowings declined at September 30, 2009 compared to outstanding balances at December 31, 2008. Decline of $1.5 billion in the recorded fair value basis of hedged advances from the amounts recorded at December 31, 2008 was another factor that explains the decline in advances as reported in the Statements of Condition at September 30, 2009.
At June 30, 2009, the Bank held $13.9 billion ($12.2 billion at December 31, 2008) in interest-earning demand balances at the FRB, which were reported as Interest-bearing deposits in the Statements of Condition. The liquid investment at the FRB is consistent with the Bank’s goals of maintaining liquidity for its members. Historically, the Bank has maintained a significant inventory of liquid Federal funds and short-term certificates deposits at highly rated financial institutions to ensure liquidity for its members’ borrowing needs, especially in the existing volatile credit markets. Commencing July, 1, 2009, the FRB will no longer pay interest to the FHLBNY for funds invested in excess of required reserves and it is likely that the Bank will utilize the federal funds market to achieve its goals of keeping liquid assets for its members needs.
Amortized cost basis of investments designated as available-for-sale MBS was $2.4 billion at September 30, 2009, down from $2.9 billion at December 31, 2008. Investments designated as available for sale were MBSmortgage-backed securities issued by GSEs and are reportedU.S. government agencies. Acquisitions even in such securities have been made when they justified the Bank’s risk-reward preferences. No acquisitions were made to its held-to-maturity (“HTM”) securities portfolio in the 2010 first quarter. Floating-rate GSE and U.S. government issued MBS were acquired for the Bank’s available-for-sale (“AFS”) portfolio in this period that kept acquisitions ahead of paydowns. Market pricing of GSE issued MBS improved at theirMarch 31, 2010 as liquidity appeared to return to the market place, and substantially all of MBS in the AFS portfolio were in net unrealized fair values.value gain positions. Fair values of MBS classified as available-for-sale were $2.4 billion at September 30, 2009, slightly down from $2.9 billion at December 31, 2008. Net unrealized fair value losses were $16.1 million at September 30, 2009, a significant improvement from net unrealized losses of $64.4 million at December 31, 2008.
Investments designated as held-to-maturity are recorded at carrying value. Carrying value is the amortized cost basis of the investment if a security is not determinedBank’s private-label securities continue to be OTTI. If a held-to-maturity security has been determined to be OTTI, amortized cost basis is adjusted to its fair value at the time of impairment and is the carrying value of the security. Carrying value is subsequently adjusteddepressed as market conditions for accretion of non-credit portion of OTTI recorded in Accumulated other comprehensive income (loss). Carrying value is not subsequently adjusted to fair value unless additional OTTI is recognized. The carrying value of held-to-maturity MBS was $9.7 billion at September 30, 2009, slightly higher than $9.3 billion at December 31, 2008. The amortized cost basis of 15 held-to-maturity private labelsuch securities were determined to be OTTI because of evidence of credit impairment and were written down to theirremained uncertain. For more information about fair values atof AFS and HTM securities, see Note 17 to the OTTI determination dates. The cumulative credit impairment expenses recorded through earnings year-to-date September 30, 2009 was $14.3 million as a charge to earnings recordedunaudited financial statements in Other income (loss). The non-credit component of OTTI recorded in Accumulated other comprehensive income through the third quarter was $103.9 million. The Bank did not experience any OTTI during 2008 or 2007.this report.

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At September 30, 2009,March 31, 2010, balance sheet leverage of 20.8was 19.9 times shareholders’ capital wasequity, lower from 23.4than 20.4 times capital at December 31, 2008.2009. The change in leverage reflects the Bank’s balance sheet management strategy of keeping the balance sheet change in line with the changes in member demand for advances. Increases or decreases in investments have a direct impact on leverage, but generally, growth in or shrinkage of advances does not significantly impact balance sheet leverage under existing capital stock management practices. This is because changes in shareholders’ capital are in line with changes in advances, and the ratio of assets to capital generally remains unchanged. Under existing capital management practices, members are required to purchase capital stock to support their borrowings from the Bank, and when capital stock is in excess of the amount that is required to support advance borrowings, the Bank redeems the excess capital stock immediately. Therefore, stockholders’ capital increases and decreases with members’ advance borrowings, and the capital to asset ratios remains relatively unchanged. As capital increases or declines in line with higher or lower volumes of advances, the Bank may also adjust its assets by increasing or decreasing holdings of short-term investments in certificates of deposit, and, to some extent, its positions in Federal funds sold, which it inventories to accommodate unexpected member needs for liquidity.
In the 2010 first quarter as in the same period in 2009, the primary source of funds for the FHLBNY continued to be through issuance of consolidated obligation bonds and discount notes. Discount notes are consolidated obligations with maturities up to one year, and consolidated bonds have maturities of one year or longer. The mix between the use of discount notes and bonds has fluctuated during the 2010 first quarter and through 2009, partly because of fluctuations in the market pricing of discount notes relative to the pricing of fixed-rate bonds with similar maturities, and partly because of the price attractiveness of short-term callable and non-callable bonds that could be swapped back to 3-month LIBOR rates, as an alternative to discount notes. In the 2010 first quarter, the Bank decreased its issuances of discount notes mainly because of unfavorable pricing relative to alternative funding, primarily through the use of short-term callable bonds. On an option adjusted basis the effective duration of such callable bonds was shorter than its contractual maturities and achieved the Bank’s asset/liability management profile.

 

105109


Advances
The FHLBNY’s primary business is making collateralized loans, known as “advances”, to members.
Reported book value of advances was $95.9$88.9 billion at September 30, 2009,March 31, 2010, compared to $109.2$94.3 billion at December 31, 2008. Advances2009. Advance book value included fair value basis adjustments of $3.8 billion at March 31, 2010, almost unchanged from $3.6 billion at December 31, 2009. Fair value basis adjustments of hedged advances were recorded under the hedge accounting provisions. When medium- and long-term interest rates rise or fall, the fair values of fixed-rate advances move in the opposite direction.
Par amounts of advances outstanding have been steadily declining through the last threefour quarters — $100.5 billion at June 30,in 2009 down from $104.5 billion at March 31, 2009. Advance book values include fair value basis adjustments of $4.3 billion at September 30, 2009, compared to $5.8 billion at December 31, 2008. Fair value basis adjustments are recorded under the hedge accounting provisions. Par amount of advances outstanding was $91.6 billion at September 30, 2009, compared to $103.4 billion at December 31, 2008.
The FHLBNY’s willingness to be a reliable provider of well-priced funds to our members reflects the FHLBNY’s ability to raise funding in the marketplaceand that trend continued through the issuance of consolidated obligation bonds and discount notes to local and global investors.2010 first quarter.
Generally, the growth or decline in advances is reflective of demand by members for both short-term liquidity and term funding driven by economic factors, such as availability to the Bank’s members of alternative funding sources that are more attractive, or by the interest rate environment, and the outlook for the economy. Members may choose to prepay advances (which may incur prepayment penalty fees), based on their expectations of interest rate changes and demand for liquidity. Demand may also be influenced by the dividend payout to members on their capital stock investment in the FHLBNY. Members are required to invest in FHLBNY’s capital stock in the form of membership and activity stock. Advance volume is also influenced by merger activity where members are either acquired by non-members or acquired by members of another FHLBank. When FHLBNY members are acquired by members of another FHLBank or a non-member, they no longer qualify for membership and the FHLBNY may not offer renewals or additional advances to non-members. Subsequent to the merger, maturing advances may not be replaced, which has an immediate impact on short-term and overnight lending if the former member borrowed short-term and overnight advances.
The FHLBNY’s readiness to members.be a reliable provider of well-priced funds to our members reflects the FHLBNY’s ability to raise funding in the marketplace through the issuance of consolidated obligation bonds and discount notes to domestic and global investors.

 

106110


Advances — Product Types
The following table summarizes par values of advances by product type (dollars in thousands):
                 
  September 30, 2009  December 31, 2008 
      Percentage      Percentage 
  Amounts  of total  Amounts  of total 
                 
Adjustable Rate Credit — ARCs $15,529,850   16.95% $20,205,850   19.55%
Fixed Rate Advances  72,008,539   78.61   71,860,685   69.51 
Short-Term Advances  1,927,110   2.10   7,793,500   7.54 
Mortgage Matched Advances  600,018   0.66   693,559   0.67 
Overnight Line of Credit (OLOC) Advances  631,095   0.69   2,039,423   1.97 
All other categories  905,397   0.99   786,710   0.76 
             
                 
Total par value
  91,602,009   100.00%  103,379,727   100.00%
               
                 
Discount on AHP Advances  (275)      (330)    
Hedging adjustments  4,342,998       5,773,479     
               
                 
Total
 $95,944,732      $109,152,876     
               
Table 16: Advances by Product Type
Compared
                 
  March 31, 2010  December 31, 2009 
      Percentage      Percentage 
  Amounts  of total  Amounts  of total 
                 
Adjustable Rate Credit — ARCs $12,838,850   15.09% $14,100,850   15.54%
Fixed Rate Advances  67,956,476   79.86   71,943,468   79.29 
Short-Term Advances  1,979,178   2.33   2,173,321   2.39 
Mortgage Matched Advances  583,597   0.68   606,883   0.67 
Overnight Line of Credit (OLOC) Advances  734,835   0.86   926,517   1.02 
All other categories  1,002,240   1.18   986,661   1.09 
             
                 
Total par value
  85,095,176   100.00%  90,737,700   100.00%
               
                 
Discount on AHP Advances  (244)      (260)    
Hedging adjustments  3,763,821       3,611,311     
               
                 
Total
 $88,858,753      $94,348,751     
               
Fixed-rate advances and Adjustable-rate advances (“ARCs”) have been the more significant products that have declined at March 31, 2010 relative to balances at December 31, 2008, Short-term fixed-rate advances, Adjustable-rate advances, and overnight borrowings declined at September 30, 2009.
Member demand for advance products
Adjustable Rate Advances (ARC Advances)— Demand for ARC advances in the current year has declined over the three quarters. Outstanding member borrowings were $20.2 billion at December 31, 2008, declined to $18.5 billion at March 31, 2009 and to $17.3 billion at June 30, 2009, and was $15.5 billion at September 30, 2009.
Adjustable Rate Advances (“ARC Advances”)— ARC advances have declined steadily through 2009 and that trend has continued into the 2010 first quarter, as demand has remained weak. Generally, the FHLBNY’s larger members have been the more significant borrowers of ARCs.
ARC advances are medium- and long-term loans that can be linked to a variety of indices, such as 1-month LIBOR, 3-month LIBOR, the Federal funds rate, or Prime. Members use ARC advances to manage interest rate and basis risks by efficiently matching the interest rate index and repricing characteristics of floating-rate assets. The interest rate is set and reset (depending upon the maturity of the advance and the type of index) at a spread to that designated index. Principal is due at maturity and interest payments are due at every
ARC advances are medium- and long-term loans that can be linked to a variety of indices, such as 1-month LIBOR, 3-month LIBOR, the Federal funds rate, or Prime. Members use ARC advances to manage interest rate and basis risks by efficiently matching the interest rate index and repricing characteristics of floating-rate assets. The interest rate is set and reset (depending upon the maturity of the advance and the type of index) at a spread to that designated index. Principal is due at maturity and interest payments are due at each reset date, including the final payment date.
Fixed-rate Advances Demand Fixed-rate advances, comprising putable and non-putable advances, were the largest category of advances.
Member demand for fixed-rate advance was very soft in the 2010 first quarter, and it appears that members are uncertain about locking into long-term advances perhaps because of unfavorable pricing of longer-term advances, or an uncertain outlook over the direction and timing of interest rate changes, or lukewarm demand from members’ customer base for fixed-rate loans. The decline in demand for fixed-rate advances has been soft ina trend over the last two quarters after a strong first quarter. Earlier this year, primary demand was for fixed-rate advances collateralized by pledged securities. In the current year third quarter, fixed-rate advances collateralized by marketable securities declined slightly to $25.9 million from $26.4 billion, the outstanding balance at December 31, 2008. Demand for Repo Advances has been uneven through the threepast several quarters. At March 31, 2009, borrowed amounts grew to $28.0 billion, and then declined to $26.1 billion at June 30, 2009. Repo Advances are offered at a pricing advantage to members in recognition of the value of the liquid security collateral. Changes in such borrowings are a reflection of member preference to inventory their securities holdings.

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A significant component of Fixed-rate advances is putable advances, also referred to as “Convertible Advances”. Putable advances also include Repo Advances that have put or “convertible” option features. Outstanding amounts of putable advances were $42.0 billion at September 30, 2009, $43.2 billion at June 30, 2009 and March 31, 2009, compared to $43.4 billion at December 31, 2008.advances. Historically, Fixed-rate putable advances have been more competitively priced relative to fixed-rate “bullet” advances because of the “put” feature that the Bank purchases from the member, driving down the coupon on the advance. With a putable advance, the FHLBNY has the right to exercise the put option and terminate the advance at predetermined exercise date (s), which the FHLBNY normally would exercise when interest rates rise, and the borrower may then apply for a new advance at the then prevailing coupon and terms. In the present interest rate environment, the price advantage ishas not been significant because of constraints in offering longer-term-advances that has also narrowed thelonger-term-advances. The price advantage of a putable advances.advance increases with the numbers of puts sold and the length of the term of a putable advance.

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Fixed-rate advances are flexible funding tools that can be used by members to meet short- to long-term liquidity needs. Terms vary from two days to 30 years. Fixed-rate
Member demand for the competitively priced putable advances comprisinghad remained steady through the third quarter in 2009, contracted somewhat in the fourth quarter of 2009, and declined in the 2010 first quarter as maturing putable and non-putable advances were either not replaced, or replaced by bullet advance (without the largest category ofput feature). Putable advances stood at September 30, 2009 and$38.6 billion at March 31, 2010, compared to $41.4 billion at December 31, 2008.2009.
Short-term Advances— Demand for Short-term fixed-rate advances has remained very weak in the current year third2010 first quarter, has been very weak anda continuing trend from 2009. By way of contrast, the outstanding balances declined to $1.9 billion at September 30, 2009, a low point for the product, compared tobalance was $7.8 billion at December 31, 2008. Although demand for the product has been weak, balances declined unevenly during the year. In the first quarter of 2009, outstanding balances had declined to $4.6 billion. In the second quarter, because of stronger demand, balances grew to $5.2 billion.
Overnight Line of Credit (“OLOC Advances”) —Overnight borrowings were weak duringalso remained lackluster in 2010 a continuation of the year and at September 30, 2009 and outstanding amounts declined.
The OLOC program gives members a short-term, flexible, readily accessible revolving line of credit for immediate liquidity needs. OLOC Advances mature on the next business day, at which time the advance is repaid.
trend seen in 2009. Member demand for the OLOC Advances may also reflect the seasonal needs of certain member banks for their short-term liquidity requirements. Some large members also use OLOC advances to adjust their balance sheet in line with their own leverage targets.
Merger Activity
Merger activity is an important factor and, if significant, would contribute to an uneven pattern in advance balances. Merger activity may result in
The OLOC program gives members a short-term, flexible, readily accessible revolving line of credit for immediate liquidity needs. OLOC Advances mature on the loss of newnext business if the member is acquired by a non-member. The FHLBank Act does not permit new advances to replace maturing advances to former members. Advances held by members who are acquired by non-members may remain outstanding until their contractual maturities. Merger activity may also result in a decline inday, at which time the advance book if the acquired member decides to prepay existing advances partially or in full depending on the post-merger liquidity needs.
One member was acquired by a non-member financial institution in the current year third quarter. The former member is not considered to have a significant borrowing potential. There were no members acquired by non-members in the two previous quarters. In the prior year first three quarters, non-members acquired four members.
Prepayment of Advances
Early prepayment initiated by members and former members is another important factor that impacts advances to members. The FHLBNY charges a member a prepayment fee when the member prepays certain advances before the original maturity. Member initiated prepayments have not been a significant factor in the current year relative to last year. Par amounts of advances prepaid totaled $92.0 million in the third quarter and $72.0 million in the prior two quarters. In contrast, in the first three quarters of 2008, prepayments totaled $3.8 billion. The Bank recorded net prepayment fees of $0.5 million in the current year third quarter, and $20.5 million on a year-to-date basis. In the prior year first three quarters, net prepayment fees recorded was $20.0 million. For advances that are prepaid and hedged under hedge accounting rules, the FHLBNY generally terminates the hedging relationship upon prepayment and adjusts the prepayments fees received for the associated fair value basis of the hedged prepaid advance.

108repaid.

Merger Activity
Merger activity is an important factor and, if significant, would contribute to an uneven pattern in advance balances. Merger activity may result in the loss of new business if the member is acquired by a non-member. The FHLBank Act does not permit new advances to replace maturing advances to former members. Advances held by members who are acquired by non-members may remain outstanding until their contractual maturities. Merger activity may also result in a decline in the advance book if the acquired member decides to prepay existing advances partially or in full depending on the post-merger liquidity needs.
One member was acquired by a non-member financial institution in the 2010 first quarter. The former member is not considered to have a significant borrowing potential. There were no members acquired by non-members in the same period in 2009.

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Early Prepayment of Advances
Early prepayment initiated by members and former members is another important factor that impacts advances to members. The FHLBNY charges a member a prepayment fee when the member prepays certain advances before the original maturity. Member initiated prepayments in the 2010 first quarter were not significant ($0.2 billion in par amounts of advances), compared to $3.0 billion in the same period in 2009. As a result, prepayment fees were not significant in the 2010 first quarter. In contrast, prepayment fees in the same period in 2009 totaled $19.1 million. For advances that are prepaid and hedged under hedge accounting rules, the FHLBNY generally terminates the hedging relationship upon prepayment and adjusts the prepayments fees received for the associated fair value basis of the hedged prepaid advance.
Impact of Derivatives and hedging activities to the balance sheet carrying values of Advances
The Bank hedges certain advances by the use of both cancellable and non-cancellable interest rate swaps. These qualify as fair value hedges under the derivatives and hedge accounting rules. Recorded fair value basis adjustments to advances in the Statements of Condition were a result of these hedging activities. The Bank hedges the risk of changes in the benchmark rate, which the FHLBNY has adopted as LIBOR and is also the discounting basis for computing changes in fair values of hedged advances. Fair value changes of qualifying hedged advances under the derivatives and hedge accounting rules are recorded in the Statements of Income as a Net realized and unrealized gain (loss) on derivative and hedging activities, a component of Other income (loss). An offset is recorded as a fair value basis adjustment to the carrying amount of the advances in the Statements of Condition.
Derivative transactions are employed to hedge fixed-rate advances in the following manner and to achieve the following principal objectives:
The FHLBNY:
Makes extensive use of the derivatives to restructure interest rates on fixed-rate advances, both putable and non-putable (“bullet”), to better match the FHLBNY’s cash flows, to enhance yields, and to manage risk from a changing interest rate environment.
Converts at the time of issuance, certain simple fixed-rate bullet and putable fixed-rate advances into synthetic floating-rate advances by the simultaneous execution of interest rate swaps that convert the cash flows of the fixed-rate advances to conventional adjustable rate instruments tied to an index, typically 3-month LIBOR.
Uses derivatives to manage the risks arising from changing market prices and volatility of a fixed coupon advance by matching the cash flows of the advance to the cash flows of the derivative, and making the FHLBNY indifferent to changes in market conditions. Putable advances are typically hedged by an offsetting derivative with a mirror-image call option with identical terms.
Adjusts the reported carrying value of hedged fixed-rate advances for changes in their fair value (“fair value basis” or “fair value”) that are attributable to the risk being hedged in accordance with hedge accounting rules. Amounts reported for advances in the Statements of Condition include fair value hedge basis adjustments.

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Impact of Derivatives and hedging activities — advances
The Bank hedges certain advances by the use of both cancellable and non-cancellable interest rate swaps. These qualify as fair value hedges under the derivatives and hedge accounting rules. Recorded fair value basis adjustments to advances in the Statements of Condition were a result of these hedging activities. The Bank hedges the risk of changes in the benchmark rate, which the FHLBNY has adopted as LIBOR and is also the discounting basis for computing changes in fair values of hedged advances. Net interest accruals from qualifying hedges under the derivatives and hedge accounting rules are recorded with interest income from advances in the Statements of Income. Fair value changes of qualifying hedged advances under the derivatives and hedge accounting rules are recorded as a Net realized and unrealized gain (loss) on derivative and hedging activities, a component of Other income (loss) also in the Statements of Income. An offset is recorded as fair value basis adjustment to the carrying amount of the advances in the Statements of Condition.
The Bank primarily hedges putable or convertible advances and certain “bullet” fixed-rate advances that qualify under the hedging provisions of the accounting standards for derivatives and hedging. Notional amounts of advances hedged by the use of interest rate swaps in economic hedges were not significant.
At September 30, 2009, $66.5 billion in interest rate swaps hedged advances (both economically and under the hedging provisions of the accounting standards for derivatives and hedging compared to $62.3 billion at December 31, 2008.
Derivative transactions are employed to hedge fixed-rate advances in the following manner and to achieve the following principal objectives:
The FHLBNY:
makes extensive use of the derivatives to restructure interest rates on fixed-rate advances, both putable or convertible and non-putable (“bullet”), to better match the FHLBNY’s cash flows, to enhance yields, and to manage risk from a changing interest rate environment.
converts at the time of issuance, certain simple fixed-rate bullet and putable fixed-rate advances into synthetic floating-rate advances by the simultaneous execution of interest rate swaps that convert the cash flows of the fixed-rate advances to conventional adjustable rate instruments tied to an index, typically 3-month LIBOR.
uses derivatives to manage the risks arising from changing market prices and volatility of a fixed coupon advance by matching the cash flows of the advance to the cash flows of the derivative, and making the FHLBNY indifferent to changes in market conditions. Putable advances are typically hedged by an offsetting derivative with a mirror-image call option with identical terms.
adjusts the reported carrying value of hedged fixed-rate advances for changes in their fair value (“fair value basis” or “fair value”) that are attributable to the risk being hedged in accordance with hedge accounting rules. Amounts reported for advances in the Statements of Condition include fair value hedge basis adjustments.

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The most significant element that impacts balance sheet reporting of advances is the recording of fair value basis adjustments to the carrying value of advances in the Statements of Condition. In addition, when putable advances are hedged by cancellable swaps, the possibility of exercise of the call shortens the expected maturity of the advance. The impact of derivatives to the Bank’s income is discussed in this MD&A under “Results of Operations”. Fair value basis adjustments as measured under the hedging rules are impacted by hedge volume, the interest rate environment, and the volatility of the interest rates.
Hedge volume— The Bank primarily hedges putable advances and certain “bullet” fixed-rate advances that qualify under the hedging provisions of the accounting standards for derivatives and hedging, and as economic hedges when the hedge accounting provisions are operationally difficult to establish, or a high degree of hedge effectiveness cannot be asserted.
At March 31, 2010, $63.3 billion of interest rate swaps hedged fixed-rate advances, compared to $66.0 billion at December 31, 2009. Except for an insignificant notional amount of derivatives that were designated as economic hedges of advances, the swaps were in a qualifying hedging relationship under the accounting standards for derivatives and hedging. Decline in the use of derivatives was consistent with the contraction of fixed-rate advances, which the FHLBNY typically hedges to convert fixed-rate cash flows to LIBOR-indexed cash flows through the use of interest rate swaps.
The largest component of interest rate swaps hedging advances at March 31, 2010 and December 31, 2009 was comprised of cancellable swaps that hedged $37.4 billion and $41.4 billion in putable advances at those dates, and the change is in line with the decline in putable advances. Generally, the Bank hedges almost all putable advances with a cancellable interest rate swap. The put option in the advance is owned by the FHLBNY and mirrors the cancellable swap option terms owned by the swap counterparty. The Bank’s putable advance contains a put option purchased by the Bank from the member. Under the terms of the put option, the Bank has the right to terminate the advance at agreed upon dates. The period until the option is exercisable is known as the lockout period. If the advance is put by the FHLBNY at the end of the lockout period, the member can borrow an advance product of the member’s choice at the then prevailing market rates and at the then existing terms and conditions. Non-cancellable swaps were $26.0 billion at March 31, 2010, almost unchanged from December 31, 2009.
In addition, certain LIBOR-indexed advances have “capped” coupons that are in effect sold to borrowers. The fair value changes of the sold caps are offset by fair value changes of purchased options (caps) with mirror-image terms. Fair value changes of caps due to changes in the benchmark rate and option volatilities are recorded in Other income (loss) as a Net realized and unrealized gain (loss) on derivatives and hedging activities in the Statements of Income. Notional amounts of purchased interest rate caps to “hedge” embedded caps were $0.3 billion and $0.4 billion at March 31, 2010 and December 31, 2009, and were designated as economic hedges of caps embedded in the variable-rate advances borrowed by members.

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Fair value basis adjustments— The Bank uses interest rate derivatives to hedge the risk of changes in the benchmark rate, which the FHLBNY has adopted as LIBOR, and is also the discounting basis for computing changes in fair values of hedged advances. Recorded fair value basis adjustments in the Statements of Condition were associated with hedging activities under the hedge accounting provisions. Advances designated at inception as economic hedges do not have any basis adjustments and these were insignificant. The reported carrying values of advances at March 31, 2010 included net unrealized fair value basis gains of $3.8 billion slightly up from $3.6 billion at December 31, 2009. Such unrealized gains were consistent with the forward yield curve at March 31, 2010 and December 31, 2009 that were projecting forward rates below the contractual coupons of hedged fixed-rate advances. Hedged-fixed rate advances had been issued in prior periods at the then prevailing higher interest-rate environment, and since hedged advances are typically fixed-rate, in a lower interest rate environment relative to the coupons of the advances, fixed-rate advances will exhibit net unrealized fair value basis gains.
Unrealized gains from fair value basis adjustments to advances were almost entirely offset by net fair value unrealized losses of the derivatives associated with the fair value hedges of advances, thereby achieving the Bank’s hedging objectives of mitigating fair value basis risk.
The fair value basis gains of $3.8 billion were generated from $63.3 billion of interest rate swaps that qualified under hedge accounting rules at March 31, 2010. At December 31, 2009, fair value basis gains were $3.6 billion and the notional amounts of swaps in hedge qualifying relationships were $66.0 billion.
The relatively small increase in net fair value basis adjustments of hedged Advances was primarily caused by the flattening of forward interest rates at March 31, 2010, relative to December 31, 2009, with the 5-year and 7-year forward rates a little below the same yields projected at December 31, 2009. At March 31, 2010, the yield curve was forecasting 2.56% and 3.28% on the 5-year and 7-year swap curves, compared to 2.68% and 3.38% at December 31, 2009. Fair values of hedged fixed-rate advances typically gain value when interest rates decline.

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Investments
The FHLBNY maintains investments for liquidity purposes, to manage capital stock repurchases and redemptions, to provide additional earnings, and to ensure the availability of funds to meet the credit needs of its members. The FHLBNY also maintains longer-term investment portfolios, which are principally mortgage-backed securities issued by government-sponsored mortgage agencies, a smaller portfolio of MBS issued by private enterprises, and securities issued by state or local housing finance agencies. Finance Agency regulations prohibit the FHLBanks, including the FHLBNY, from investing in certain types of securities and limit the investment in mortgage- and asset-backed securities.
Investments — Policies and practices
Finance Agency regulations limit investment in housing-related obligations of state and local governments and their housing finance agencies to obligations that carry ratings of double-A or higher. Mortgage- and asset-backed securities acquired must carry the highest ratings from Moody’s Investors Service (“Moody’s”) or Standard & Poor’s Rating Services (“S&P”) at the time of purchase. Finance Agency regulations further limit the mortgage- and asset-backed investments of each FHLBank to 300% of that FHLBank’s capital. The FHLBNY was within the 300% limit for all periods reported. The FHLBNY’s investment in mortgage-backed securities during all periods reported complied with FHLBNY’s Board-approved policy of acquiring mortgage-backed securities issued or guaranteed by the government-sponsored housing enterprises, or prime residential mortgages rated triple-A by both Moody’s and Standard & Poor’s rating services at acquisition.
The FHLBNY’s practice is not to lend unsecured funds to members, including overnight Federal funds sold and certificates of deposits. The FHLBNY does not preclude or specifically seek out investments any differently than it would in the normal course of acquiring securities for investments, unless it is prohibited by existing regulations. Unsecured lending to members is not prohibited by Finance Agency regulations or Board of Directors’ policy. The FHLBNY is prohibited from purchasing a consolidated obligation issued directly by another FHLBank, but may acquire consolidated obligations for investment in the secondary market after the bond settles. There were no investments in consolidated obligations by the FHLBNY at March 31, 2010 or December 31, 2009.
On March 24, 2008, the Board of Directors of the Federal Housing Finance Board, predecessor to the Finance Agency adopted Resolution 2008-08, which temporarily expanded the authority of a FHLBank to purchase mortgage-backed securities (“MBS”) under certain conditions. The resolution allowed a FHLBank to increase its investments in MBS issued by Fannie Mae and Freddie Mac by an amount equal to three times its capital, which is to be calculated in addition to the existing limit. The expanded authority permitted MBS investments to be as much as 600% of the FHLBNY’s capital. The FHLBNY has not exercised the expanded authority provided under the temporary regulations to purchase MBS issued by Fannie Mae and Freddie Mac.

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The following table summarizes changes in investments by categories (including held-to-maturity securities, available-for-sale securities, and money market investments) between March 31, 2010 and December 31, 2009. Amounts are after writing down (at the time of credit related OTTI) held-to-maturity impaired securities to fair values. No securities classified as available-for-sale were OTTI. (dollars in thousands):
Table 17: Investments by Categories
                 
  March 31,  December 31,  Dollar  Percentage 
  2010  2009  Variance  Variance 
                 
State and local housing finance agency obligations1
 $749,841  $751,751  $(1,910)  (0.25)%
Mortgage-backed securities                
Available-for-sale securities, at fair value  2,641,921   2,240,564   401,357   17.91 
Held-to-maturity securities, at carrying value  9,026,441   9,767,531   (741,090)  (7.59)
             
   12,418,203   12,759,846   (341,643)  (2.68)
                 
Grantor trusts2
  12,893   12,589   304   2.41 
Federal funds sold  3,130,000   3,450,000   (320,000)  (9.28)
             
                 
Total investments $15,561,096  $16,222,435  $(661,339)  (4.08)%
             
The most significant element that impacts balance sheet reporting of advances is the recording of1Classified as held-to-maturity securities, at carrying value2Classified as available-for-sale securities, at fair value basis adjustments to the carrying value of advancesand represents investments in the Statements of Condition. In addition, when putable advances are hedged by cancellable swaps, the possibility of exercise of the call shortens the expected maturity of the advance. The impact of derivatives to the Bank’s income is discussed in this MD&A under “Results of Operations”. Fair value basis adjustments as measuredregistered mutual funds and other fixed-income securities maintained under the hedging rules are impacted by both hedge volume and the interest rate environment and the volatility of the rate environment.
Hedge volume— At September 30, 2009 and December 31, 2008, almost all putable fixed-rate advances were hedged by interest rate swaps that qualified under fair value hedge accounting rules. The Bank also hedges certain long-term, single maturity (bullet) advances to hedge fair value risk from changes in the benchmark rate.
Hedge volume as measured by the amount of notional amounts of interest rate swaps outstanding that hedged advances, both economic and under hedging provisions of the accounting standards for derivatives and hedging, increased to $66.5 billion at September 30, 2009, compared to $62.3 billion at December 31, 2008. These amounts included notional amounts of swaps of $0.1 billion and $0.6 billion at September 30, 2009 and December 31, 2008 that were in an economic hedge of advances. Changes in fair values of the swaps designated as economic hedges were recorded through earnings without the offset of changes in the fair values of the advances.
The largest component of interest rate swaps hedging advances at September 30, 2009 was comprised of $40.1 billion in putable advances, slightly below $41.8 billion at December 31, 2008. Generally, the Bank hedges almost all putable advances with a cancellable interest rate swap. The put option in the advance is owned by the FHLBNY and mirrors the cancellable swap option terms owned by the swap counterparty. The Bank’s putable advance, also referred to as a convertible advance, contains a put option purchased by the Bank from the member. Under the terms of the put option, the Bank has the right to terminate the advance at agreed upon dates. The period until the option is exercisable is known as the lockout period. If the advance is put by the FHLBNY at the end of the lockout period, the member can borrow an advance product of the member’s choice at the then prevailing market rates and at the then existing terms and conditions.
In addition, certain LIBOR-indexed advances have “capped” coupons that are in effect sold to borrowers. The fair value changes of the sold caps are offset by fair value changes of purchased options (caps) with mirror-image terms. Fair value changes of caps due to changes in the benchmark rate and option volatilities are recorded in Other income (loss) as a Net realized and unrealized gain (loss) on derivatives and hedging activities in the Statements of Income. Notional amounts of purchased interest rate caps to “hedge” embedded caps were $0.4 billion and $0.5 billion at September 30, 2009 and December 31, 2008, and were designated as economic hedges of caps embedded in the variable-rate advances borrowed by members.
Fair value basis adjustments The Bank uses interest rate derivatives to hedge the risk of changes in the benchmark rate, which the FHLBNY has adopted as LIBOR, and is also the discounting basis for computing changes in fair values of hedged advances. Recorded fair value basis adjustments in the Statements of Condition were associated with hedging activities under the hedge accounting provisions. Advances designated at inception as economic hedges do not generate basis adjustments and these were insignificant at September 30, 2009 and December 31, 2008. Reported book value of advances at September 30, 2009 included net fair value basis gains of $4.3 billion at September 30, 2009, compared to $5.8 billion at December 31, 2008 and represented net fair value basis adjustments under hedge accounting rules, and were primarily unrealized gains.

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Unrealized fair value basis gains were consistent with the forward yield curves at September 30, 2009 and December 31, 2008 that were projecting forward rates below the fixed-rate coupons of advances that had been issued in prior periods at the then prevailing higher interest-rate environment. Since hedged advances are typically fixed-rate, in a declining interest rate environment relative to the coupons of the advances, fixed-rate advances will exhibit net unrealized fair value basis gains. At September 30, 2009 and December 31, 2008, unrealized gains from fair value basis adjustments to advances were almost entirely offset by net fair value unrealized losses of the derivatives associated with the fair value hedges of advances, thereby achieving the Bank’s hedging objectives of mitigating fair value basis risk.
Hedge volume as represented by the notional amounts of advances hedged in qualifying hedges increased at September 30, 2009 in line with the increase in hedged long-term fixed-rate advances compared to December 31, 2008. The notional amounts of swaps that were associated in hedging relationships under hedge accounting rules stood at $66.4 billion at September 30, 2009, up from $61.7 billion at December 31, 2008. The net fair value basis adjustments of hedged advances in an unrealized gain position declined to $4.3 billion at September 30, 2009 from $5.8 billion at December 31, 2008 primarily as a result of the steepening of the yield curve at September 30, 2009 relative to December 31, 2008. As an illustration, the yield of the 5-year swap curve was 2.32% at September 30, 2009 compared to 1.55% at December 31, 2008.
Investments
The FHLBNY maintains investments for liquidity purposes, to manage capital stock repurchases and redemptions, to provide additional earnings, and to ensure the availability of funds to meet the credit needs of its members. The FHLBNY also maintains longer-term investment portfolios, which are principally mortgage-backed securities issued by government-sponsored mortgage agencies, a smaller portfolio of MBS issued by private enterprises, and securities issued by state or local housing finance agencies.
Mortgage- and asset-backed securities acquired must carry the highest ratings from Moody’s Investors Service (“Moody’s”) or Standard & Poor’s Rating Services (“S&P”) at the time of purchase. Finance Agency regulations prohibit the FHLBanks, including the FHLBNY, from investing in certain types of securities and limit the investment in mortgage- and asset-backed securities.
Limits on the size of the MBS portfolio are defined by Finance Agency regulations, which limits holding of MBS to 300% of capital. At September 30, 2009 and December 31, 2008, the Bank was within that limit.
On March 24, 2008, the Board of Directors of the Federal Housing Finance Board, predecessor to the Finance Agency adopted Resolution 2008-08, which temporarily expanded the authority of a FHLBank to purchase mortgage-backed securities (“MBS”) under certain conditions. The resolution allowed a FHLBank to increase its investments in MBS issued by Fannie Mae and Freddie Mac by an amount equal to three times its capital, which is to be calculated in addition to the existing limit. The expanded authority permitted MBS to be as much as 600% of the FHLBNY’s capital. Currently, the FHLBNY has not exercised the expanded authority provided under the temporary regulations to purchase MBS issued by Fannie Mae and Freddie Mac.
OTTI— In the current year third quarter based on the management’s determination of a decrease in cash flows expected to be collected (cash flow shortfall) three held-to-maturity private-label MBS were deemed credit impaired, and the Bank recognized a credit impairment charge to earnings of $1.5 million. The Bank’s credit impairment assessment of certain MBS that were previously determined to be OTTI also resulted in the recognition of $2.2 million in additional credit impairment charges, for a total charge of $3.7 million recorded through earnings in the current year third quarter. The charges represented the credit loss component of OTTI. The non-credit component of OTTI associated with the impairment in the third quarter was $26.5 million and was recorded as a loss in Accumulated other comprehensive income (loss). In all fifteen securities have been deemed OTTI through the current year third quarter. Thirteen impaired securities are insured by bond insurers, Ambac and MBIA. The Bank’s analysis of the two bond insurers concluded that future credit losses due to projected collateral shortfalls of the impaired securities would not be fully supported by the two bond insurers.

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The cumulative credit impairment expenses recorded through earnings year-to-date September 30, 2009 was $14.3 million as a charge to earnings recorded in Other income (loss). The non-credit component of OTTI recorded in Accumulated other comprehensive income through the third quarter was $103.9 million. The Bank did not experience any OTTI during 2008 or 2007.
The tables below summarize the key characteristics of the OTTI securities at September 30, 2009 (dollars in thousands):
                                             
      September 30, 2009 
      Insurer MBIA  Insurer Ambac  Uninsured  OTTI  Gross OTTI Losses 
Security         Fair      Fair      Fair  Credit  Non-credit  Less than  More than 
Classification Count  UPB  Value  UPB  Value  UPB  Value  Loss  Loss  12 months  12 months 
                                             
RMBS-Prime*
  1  $  $  $  $  $56,867  $54,687  $(438) $(2,766) $(3,204) $ 
HEL Subprime*
  14   35,616   20,653   181,995   117,651   62,461   38,392   (13,838)  (101,118)     (114,956)
                                  
Total
  15  $35,616  $20,653  $181,995  $117,651  $119,328  $93,079  $(14,276) $(103,884) $(3,204) $(114,956)
                                  
grantor trusts
*RMBS-Prime — Private-label MBS supported by prime residential loans; HEL Subprime — MBS supported by home equity loans.
The table below summarizes the key characteristics of the securities that were deemed OTTI in the third quarter of 2009 (dollars in thousands):
                                             
      Q3 2009 activity 
      Insurer MBIA  Insurer Ambac  Uninsured  OTTI  Gross OTTI Losses 
Security         Fair      Fair      Fair  Credit  Non-credit  Less than  More than 
Classification Count  UPB  Value  UPB  Value  UPB  Value  Loss  Loss  12 months  12 months 
                                             
RMBS-Prime*
    $  $  $  $  $  $  $  $  $  $ 
HEL Subprime*
  10   13,304   7,680   121,435   79,700   62,460   38,392   (3,683)  (26,486)     (30,169)
                                  
Total
  10  $13,304  $7,680  $121,435  $79,700  $62,460  $38,392  $(3,683) $(26,486) $  $(30,169)
                                  
Long-term investments
*RMBS-Prime — Private-label MBS supported by prime residential loans; HEL Subprime — MBS supported by home equity loans.

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The following table summarizes changes in investments by categories (including held-to-maturity securities, available-for-sale securities, and money market investments) between September 30, 2009 and December 31, 2008. Amounts are after writing down the amortized cost basis of held-to-maturity impaired securities to fair values at the time of impairment. No securities classified as available-for-sale are OTTI. (dollars in thousands):
                 
  September 30,  December 31,  Dollar  Percentage 
  2009  2008  Variance  Variance 
                 
State and local housing agency obligations1
 $791,187  $804,100  $(12,913)  (1.61)%
Mortgage-backed securities                
Available-for-sale securities, at fair value  2,350,308   2,851,682   (501,374)  (17.58)
Held-to-maturity securities, at carrying value  9,686,840   9,326,443   360,397   3.86 
             
   12,828,335   12,982,225   (153,890)  (1.19)
                 
Grantor trusts2
  12,284   10,187   2,097   20.59 
Certificates of deposit1
  2,000,000   1,203,000   797,000   66.25 
Federal funds sold  3,900,000      3,900,000   NA 
             
                 
Total investments $18,740,619  $14,195,412  $4,545,207   32.02%
             
At March 31, 2010 and December 31, 2009, investments with original long-term contractual maturities were comprised of mortgage- and asset-backed securities, and investment in securities issued by state and local housing agencies. These investments were classified as either held-to-maturity or available-for-sale securities in accordance with accounting standard on investments in debt and equity securities as amended by the guidance on recognition and presentation of other-than-temporary impairments. Several grantor trusts have been established and owned by the FHLBNY to fund current and potential future payments to retirees for supplemental pension plan obligations. The trust funds are invested in fixed-income and equity funds, which were classified as available-for-sale.
Mortgage-backed securities — By issuer
Issuer composition of held-to-maturity mortgage-backed securities was as follows (carrying values; dollars in thousands):
Table 18: Mortgage-Backed Securities — By Issuer
                 
  March 31,  Percentage  December 31,  Percentage 
  2010  of total  2009  of total 
                 
U.S. government sponsored enterprise residential mortgage-backed securities $7,648,745   84.73% $8,482,139   86.84%
U.S. agency residential mortgage-backed securities  150,882   1.67   171,531   1.76 
U.S. government sponsored enterprise commercial mortgage-backed securities  174,048   1.93       
U.S. agency commercial mortgage-backed securities  49,342   0.55   49,526   0.51 
Private-label issued securities backed by home equity loans  400,172   4.43   417,151   4.27 
Private-label issued residential mortgage-backed securities  407,552   4.52   444,906   4.55 
Private-label issued securities backed by manufactured housing loans  195,700   2.17   202,278   2.07 
             
                 
Total Held-to-maturity securities-mortgage-backed securities $9,026,441   100.00% $9,767,531   100.00%
             

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Held-to-maturity mortgage — and asset-backed securities(“MBS”)— Government sponsored enterprise (“GSE”) and U.S. government agency issued MBS totaled $8.0 billion and $8.7 billion at March 31, 2010 and December 31, 2009. They represented 88.9% and 89.1% of total MBS classified as held-to-maturity (“HTM”) at those dates. Privately issued mortgage-backed securities made up the remaining 11.1% and 10.9% at March 31, 2010 and December 31, 2009. The Bank’s conservative purchasing practice over the years is evidenced by the high concentration of MBS issued by the GSEs.
Local and housing finance agency bondsThe FHLBNY had investments in primary public and private placements of taxable obligations of state and local housing finance authorities (“HFA”) classified as held-to-maturity. Investments in state and local housing finance bonds help to fund mortgages that finance low- and moderate-income housing. No additions were made in the 2010 first quarter.
Available-for-sale securities— The FHLBNY classifies investments that it may sell before maturity as available-for-sale (“AFS”) and carries them at fair value. Fair value changes are recorded in AOCI until the security is sold or is anticipated to be sold. Composition of FHLBNY’s available-for-sale securities was as follows (dollars in thousands):
Table 19: Available-for-Sale Securities — Composition
                 
  March 31,  Percentage  December 31,  Percentage 
  2010  of total  2009  of total 
                 
Fannie Mae $1,949,487   73.79% $1,544,500   68.93%
Freddie Mac  692,434   26.21   696,064   31.07 
             
Total AFS mortgage-backed securities  2,641,921   100.00%  2,240,564   100.00%
               
Grantor Trusts — Mutual funds  12,893       12,589     
               
Total Available-for-sale portfolio $2,654,814      $2,253,153     
               
At March 31, 2010 and December 31, 2009, all 100 percent of AFS portfolio of mortgage-backed securities was comprised of securities issued by Fannie Mae and Freddie Mac. The Bank acquired several GSE issued, triple-A rated MBS in the 2010 first quarter with a total book value of $581.9 million. Two grantor trusts, established to fund current and potential future payments to retirees for supplemental pension plan obligations, were invested in money market funds, fixed-income and equity funds, which are also designated as available-for-sale.
For more information and analysis with respect to investment securities, see Investment Quality in the section captioned Asset Quality and Concentration — Advances, Investment securities, Mortgage loans, and Counterparty risks in this MD&A. Also see Notes 4 and 5 to the unaudited financial statements in this report.

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External rating information of the held-to-maturity portfolio was as follows. (Carrying values; in thousands):
Table 20: External Rating of the Held-to-Maturity Portfolio
                         
  March 31, 2010 
                  Below    
                  Investment    
  AAA-rated  AA-rated  A-rated  BBB-rated  Grade  Total 
                         
Long-term securities                        
Mortgage-backed securities $8,488,404  $198,230  $153,756  $29,719  $156,332  $9,026,441 
State and local housing finance agency obligations  72,172   600,019   21,430   56,220      749,841 
                   
                         
Total Long-term securities  8,560,576   798,249   175,186   85,939   156,332   9,776,282 
                   
                         
Short-term securities                        
Certificates of deposit                  
                   
                         
Total
 $8,560,576  $798,249  $175,186  $85,939  $156,332  $9,776,282 
                   
                         
  December 31, 2009 
                  Below    
                  Investment    
  AAA-rated  AA-rated  A-rated  BBB-rated  Grade  Total 
                         
Long-term securities         ��              
Mortgage-backed securities $9,205,018  $299,314  $65,921  $31,261  $166,017  $9,767,531 
State and local housing finance agency obligations  72,992   601,109   21,430   56,220      751,751 
                   
                         
Total Long-term securities  9,278,010   900,423   87,351   87,481   166,017   10,519,282 
                   
                         
Short-term securities                        
Certificates of deposit                  
                   
                         
Total
 $9,278,010  $900,423  $87,351  $87,481  $166,017  $10,519,282 
                   
External rating information of the available-for-sale portfolio was as follows (Carrying values of AFS investments are at fair values; in thousands):
Table 21: External Rating of the Available-for-Sale Portfolio
                         
  March 31, 2010 
  AAA-rated  AA-rated  A-rated  BBB-rated  Unrated  Total 
                         
Available-for-sale securities                        
Mortgage-backed securities $2,641,921  $  $  $  $  $2,641,921 
Other — Grantor trusts              12,893   12,893 
                   
                         
Total
 $2,641,921  $  $  $  $12,893  $2,654,814 
                   
                         
  December 31, 2009 
  AAA-rated  AA-rated  A-rated  BBB-rated  Unrated  Total 
                         
Available-for-sale securities                        
Mortgage-backed securities $2,240,564  $  $  $  $  $2,240,564 
Other — Grantor trusts              12,589   12,589 
                   
                         
Total
 $2,240,564  $  $  $  $12,589  $2,253,153 
                   

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Weighted average rates — Mortgage-backed securities
The following table summarizes weighted average rates and amounts by contractual maturities. A significant portion of the MBS portfolio consisted of floating-rate securities and the weighted average rates will change with changes in the indexed LIBOR rate (dollars in thousands):
Table 22: Mortgage-Backed Securities Weighted Average Rates by Contractual Maturities
                 
  March 31, 2010  December 31, 2009 
  Amortized  Weighted  Amortized  Weighted 
  Cost  Average rate  Cost  Average rate 
Mortgage-backed securities                
Due in one year or less $   %     %
Due after one year through five years  2,380   6.25   2,663   6.25 
Due after five years through ten years  1,236,112   4.69   1,140,153   4.78 
Due after ten years  10,524,060   3.08   10,977,950   3.21 
             
                 
Total mortgage-backed securities $11,762,552   3.25% $12,120,766   3.36%
             
Credit Impairment analysis (Other-than-temporary Impairment — OTTI)
Management evaluates its investments for OTTI on a quarterly basis, under amended OTTI guidance issued by theFinancial Accounting Standards Board(“FASB”) in the first quarter of 2009. This amended OTTI guidance, which the FHLBNY early adopted in the 2009 first quarter, results in only the credit portion of OTTI securities being recognized in earnings. The noncredit portion of OTTI, which represent fair value losses of OTTI securities is recognized in AOCI. Prior to the adoption of the amended guidance, if an impairment was determined to be other-than-temporary, the impairment loss recognized in earnings was equal to the entire difference between the security’s amortized cost basis and its fair value. The FHLBNY had not determined any security as impaired prior to 2009. Beginning with the quarter ended September 30, 2009, and at December 31, 2009 and March 31, 2010, the FHLBNY performed its OTTI analysis by cash flow testing 100% of it private-label MBS. At December 31, 2008, and at the two interim quarters ended June 30, 2009, the FHLBNY’s methodology was to analyze all of its private-label MBS to isolate securities that were considered to be at risk of OTTI and to perform cash flow analysis on securities at risk of OTTI.
In the 2010 first quarter, the FHLBNY identified credit impairment on five HTM private-label mortgage-backed securities. Cash flow assessments of the expected credit performance of the five securities resulted in the recognition of $3.4 million as other-than-temporary impairment (“OTTI”) and was a charge to earnings. All five securities had been previously determined to be OTTI in 2009, and the additional impairment (re-impairment) in the 2010 first quarter was due to further deterioration in the credit default rates of the five securities. The non-credit portion of OTTI recorded in AOCI was not significant.
In the 2009 first quarter, the Bank’s cash flow impairment analysis determined two private-label MBS were credit impaired and credit related OTTI of $5.3 million were charged to earnings. The non-credit portion of OTTI recorded in AOCI was $9.9 million.
Of the five credit impaired securities, four securities are insured by bond insurer Ambac, and one by MBIA. The Bank’s analysis of Ambac concluded that the bond insurer could not be relied upon to make whole future credit losses due to projected collateral shortfalls of the impaired securities beyond March 31, 2010. Analysis of MBIA concluded that insurance support could be relied upon for shortfalls up until June 30, 2011, beyond which date, MBIA’s financial resources would be such that insurance protection could not be relied upon.

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Based on detailed cash flow credit analysis on a security level at March 31, 2010, the Bank has concluded that other than the five securities determined to be credit impaired in the 2010 first quarter, the gross unrealized losses for the remainder of Bank’s investment securities were primarily caused by interest rate changes, credit spread widening and reduced liquidity, and the securities were temporarily impaired as defined under the new guidance for recognition and presentation of other-than-temporary impairment.
Fair values of investment securities
In an effort to achieve consistency among all of the FHLBanks on the pricing of investments in mortgage-backed securities, in the third quarter of 2009 the FHLBanks formed the MBS Pricing Governance Committee which was responsible for developing a fair value methodology for mortgage-backed securities that all FHLBanks could adopt. Consistent with the guidance from the Governance Committee, the FHLBNY changed the methodology used to estimate the fair value of mortgage-backed securities as of September 30, 2009. Under the approved methodology, the Bank requests prices for all mortgage-backed securities from four specified third-party vendors, and, depending on the number of prices received for each security, selected a median or average price as defined by the methodology. If four prices are received by the FHLBNY from the pricing vendors, the average of the middle two prices is used; if three prices are received, the middle price is used; if two prices are received, the average of the two prices is used; and if one price is received, it is used subject to additional validation. The computed prices are tested for reasonableness using tolerance thresholds. Prices within the established thresholds are generally accepted unless strong evidence suggests that using the median pricing methodology as described above would not be appropriate. Preliminary estimated fair values that are outside the tolerance thresholds, or that management believes may not be appropriate based on all available information (including those limited instances in which only one price is received), are subject to further analysis of all relevant facts and circumstances that a market participant would consider.
As of March 31, 2010, four vendor prices were received for substantially all of the FHLBNY’s MBS holdings and substantially all of those prices fell within the specified thresholds. The relative proximity of the prices received supported the FHLBNY’s conclusion that the final computed prices were reasonable estimates of fair value. While the FHLBNY adopted this common methodology, the fair values of mortgage-backed investment securities are still estimated by FHLBNY’s management which remains responsible for the selection and application of its fair value methodology and the reasonableness of assumptions and inputs used.
The four specialized pricing services use pricing models or quoted prices of securities with similar characteristics. The valuation techniques used by pricing services employ cash flow generators and option-adjusted spread models. Pricing spreads used as inputs in the models are based on new issue and secondary market transactions if the securities are traded in sufficient volumes in the secondary market.
These pricing vendors typically employ valuation techniques that incorporate benchmark yields, recent trades, dealer estimates, valuation models, benchmarking of like securities, sector groupings, and/or matrix pricing, as may be deemed appropriate for the security. Such inputs into the pricing models employed by pricing services for most of the Bank’s investments are market based and observable and are considered Level 2 of the fair value hierarchy.
The valuation of the FHLBNY’s private-label securities, all designated as held-to-maturity, may require pricing services to use significant inputs that are subjective and may be considered to be Level 3 of the fair value hierarchy because of the current lack of significant market activity so that the inputs may not be market based and observable. At March 31, 2010 and December 31, 2009, all private-label mortgage-backed securities were classified as held-to-maturity and were recorded in the balance sheet at their carrying values. Carrying value of a security is the same as its amortized cost, unless the security is determined to be OTTI. In the period the security is determined to be OTTI, its carrying value is generally adjusted down to its fair value.

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Prior to the adoption of the new pricing methodology in the 2009 third quarter, the Bank used a similar process that utilized three third-party vendors and similar variance thresholds. This change in pricing methodology did not have a significant impact on the Bank’s estimated fair values of its mortgage-backed securities.
For a comparison of carrying values and fair values of mortgage-backed securities, see Notes 4 and 5 to the unaudited financial statements in this report.
In the 2010 first quarter, five held-to-maturity private-label mortgage-backed securities were deemed to be OTTI. All five securities were previously determined to be credit impaired. In the Statement of Condition at March 31, 2010, the carrying values of certain of the held-to-maturity securities determined to be OTTI were written down to $23.1 million, their fair values, which were classified as Level 3 financial instruments within the fair value hierarchy. This determination was made based on management’s view that the private-label instruments may not have an active market because of the specific vintage of the impaired securities as well as inherent conditions surrounding the trading of private-label mortgage-backed securities.
For more information about the corroboration and other analytical procedures performed by the FHLBNY, see Note 1 — Significant Accounting Policies and Estimates, and Note 17 — Fair values of financial instruments to the financial statements accompanying this report. Examples of securities priced under such a valuation technique, which are classified within Level 2 of the valuation hierarchy and valued using the “market approach” as defined in the accounting standards for fair value measurements and disclosures, include GSE issued collateralized mortgage obligations and money market funds.
Short-term investments
The FHLBNY typically maintains substantial investments in high quality, short- and intermediate-term financial instruments, such as certificates of deposits as well as overnight and term Federal funds sold to highly rated financial institutions. These investments provide the liquidity necessary to meet members’ credit needs. Short-term investments also provide a flexible means of implementing the asset/liability management decisions to increase liquidity. The Bank invests in certificates of deposits with maturities not exceeding 270 days and issued by major financial institutions. Certificates of deposit are recorded at amortized cost basis and designated as held-to maturity investment.
Federal funds sold— Historically, the FHLBNY has been a provider of Federal funds to its members, allowing the FHLBNY to warehouse and provide balance sheet liquidity to meet unexpected member borrowing demands. At March 31, 2010 and December 31, 2009, Federal funds sold totaled $3.1 billion and $3.5 billion.
Cash collateral pledged— Cash deposited by the FHLBNY as pledged collateral to derivative counterparties is reported as a deduction to Derivative liabilities in the Statements of Condition. The FHLBNY generally executes derivatives with major banks and broker-dealers and typically enters into bilateral collateral agreements. When the FHLBNY’s derivatives are in a net unrealized loss position as a liability from the FHLBNY’s perspective, counterparties are exposed and the Bank would be called upon to pledge cash collateral to mitigate the counterparties’ credit exposure. Collateral agreements include certain thresholds and pledge requirements that are generally triggered if exposures exceed the agreed upon thresholds. At March 31, 2010 and December 31, 2009, the Bank had deposited $2.2 billion in interest-earning cash as pledged collateral to derivative counterparties. Typically, such pledges earn interest at the overnight Federal funds rate.

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Mortgage Loans held-for-portfolio
At March 31, 2010 and December 31, 2009, the portfolio of mortgage loans was comprised of investments in Mortgage Partnership Finance loans (“MPF” or “MPF Program”) and Community Mortgage Asset loans (“CMA”). More details about the MPF program can be found in Mortgage Partnership Finance Program under the caption Acquired Member Assets Program in this MD&A. In the CMA program, the FHLBNY holds participation interests in residential and community development mortgage loans. Acquisition of participations under the CMA program was suspended indefinitely in November 2001 and the loans are being paid down under their contractual terms.
MPF Program— Paydowns slightly outpaced acquisitions at March 31, 2010. The FHLBNY does not expect the MPF loans to increase substantially, and the Bank provides this product to its members as another alternative for them to sell their mortgage production.
CMA Program— The amortized cost basis of loans in the CMA program, which has not been active since 2001, has been declining steadily over time, and were not material.
Mortgage loans by loan type
The following table presents information on mortgage loans held-for-portfolio (dollars in thousands):
Table 23: Mortgage Loans by Loan Type
                 
  March 31, 2010  December 31, 2009 
      Percentage      Percentage 
  Amount  of Total  Amount  of Total 
Real Estate:
                
Fixed medium-term single-family mortgages $370,316   28.72% $388,072   29.43%
Fixed long-term single-family mortgages  915,447   70.98   926,856   70.27 
Multi-family mortgages  3,881   0.30   3,908   0.30 
             
                 
Total par value  1,289,644   100.00%  1,318,836   100.00%
               
Unamortized premiums  8,853       9,095     
Unamortized discounts  (5,209)      (5,425)    
Basis adjustment1
  (339)      (461)    
               
                 
Total mortgage loans held-for-portfolio  1,292,949       1,322,045     
Allowance for credit losses  (5,179)      (4,498)    
               
Total mortgage loans held-for-portfolio after allowance for credit losses
 $1,287,770      $1,317,547     
               
   
1Classified as held-to-maturity securities, at carrying value.
2Classified as available-for-sale securities, at fair value and represents investments in registered mutual funds and other fixed-income securities maintained under the grantor trusts.
Long-term investments
At September 30, 2009 and December 31, 2008, investments with original contractual maturities that were long-term comprised of mortgage- and asset-backed securities, and investment in securities issued by state and local housing agencies. These investments were classified as either held-to-maturity or available-for-sale securities in accordance with accounting standard on investments in debt and equity securities as amended by the guidance on recognition and presentation of other-than-temporary impairments. Several grantor trusts have been established and owned by the FHLBNY to fund current and potential future payments to retirees for supplemental pension plan obligations. The trust funds are invested in fixed-income and equity funds, which were classified as available-for-sale.

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Mortgage-backed securities — By issuer
Composition of FHLBNY’sheld-to-maturity mortgage-backed securitieswas as follows (carrying values; dollars in thousands):
                 
  September 30,  Percentage  December 31,  Percentage 
  2009  of total  2008  of total 
                 
U.S. government sponsored enterprise residential mortgage-backed securities $8,303,785   85.72% $7,577,036   81.24%
U.S. agency residential mortgage-backed securities  187,470   1.94   6,325   0.07 
U.S. agency commercial mortgage-backed securities  49,706   0.51       
Private-label issued securities backed by home equity loans  454,461   4.69   636,466   6.83 
Private-label issued residential mortgage-backed securities  482,874   4.99   609,908   6.54 
Private-label issued commercial mortgage-backed securities        266,994   2.86 
Private-label issued securities backed by manufactured housing loans  208,544   2.15   229,714   2.46 
             
Total Held-to-maturity securities-mortgage-backed securities $9,686,840   100.00% $9,326,443   100.00%
             
Held-to-maturity mortgage- and asset-backed securities(“MBS”) — Government sponsored enterprise (“GSE”) and U.S. government agency issued MBS aggregated $8.5 billion and $7.6 billion at September 30, 2009 and December 31, 2008. They represented 88.2% and 81.3% of total MBS classified as held-to-maturity at those dates. Privately issued mortgage-backed securities made up 11.8% and 18.7% at September 30, 2009 and December 31, 2008 and included commercial mortgage- and asset-backed securities, and mortgage-pass-throughs and Real Estate Mortgage Investment Conduit bonds.
In the current year first three quarters, the Bank acquired $2.8 billion of GSE and U.S. government agency issued MBS for the held-to-maturity portfolio. Securities acquired were triple-A rated. The Bank’s conservative purchasing practice over the years is evidenced by the high concentration of mortgage-backed securities issued by a GSE.
Local and housing finance agency bonds The FHLBNY had investments in primary public and private placements of taxable obligations of state and local housing finance authorities (“HFA”) classified as held-to-maturity. Investments in state and local housing finance bonds help to fund mortgages that finance low- and moderate-income housing. In the current year third quarter, the Bank acquired $25.0 million of a bond issued by a housing agency.
Available-for-sale securities The FHLBNY classifies investments that it may sell before maturity as available-for-sale and carries them at fair value. Fair value changes are recorded in Accumulated other comprehensive income until the security is sold or is anticipated to be sold. Composition of FHLBNY’s available-for-sale securities was as follows (dollars in thousands):
                 
  September 30,  Percentage  December 31,  Percentage 
  2009  of total  2008  of total 
                 
Fannie Mae $1,626,069   69.19% $1,854,988   65.05%
Freddie Mac  724,239   30.81   996,694   34.95 
             
Total AFS mortgage-backed securities  2,350,308   100.00%  2,851,682   100.00%
               
Grantor Trusts — Mutual funds  12,284       10,187     
               
Total Available-for-sale portfolio $2,362,592      $2,861,869     
               
At September 30, 2009 and December 31, 2008, the entire AFS portfolio of mortgage-backed securities was comprised of securities issued by Fannie Mae and Freddie Mac.

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Held-to-maturity securities
Composition and fair values of the FHLBNY’sheld-to-maturity securitieswere as follows (dollars in thousands):
                         
  September 30, 2009 
  Amortized          Gross  Gross    
  Cost  OTTI  Carrying  Unrecognized  Unrecognized  Fair 
Issued, guaranteed or insured Basis  in OCI  Value  Holding Gains  Holding Losses  Value 
Pools of Mortgages
                        
Fannie Mae $1,194,202  $  $1,194,202  $47,563  $  $1,241,765 
Freddie Mac  354,212      354,212   15,657      369,869 
                   
Total pools of mortgages  1,548,414      1,548,414   63,220      1,611,634 
                   
                         
Collateralized Mortgage Obligations/Real Estate Mortgage Investment Conduits
                        
Fannie Mae  2,370,747      2,370,747   70,184   (4,176)  2,436,755 
Freddie Mac  4,384,624      4,384,624   132,871   (7,914)  4,509,581 
Ginnie Mae  187,470      187,470   148   (1,432)  186,186 
                   
Total CMOs/REMICs  6,942,841      6,942,841   203,203   (13,522)  7,132,522 
                   
                         
Ginnie Mae-CMBS
  49,706      49,706   263      49,969 
                         
Non-GSE MBS
                        
CMOs/REMICs  485,419   (2,545)  482,874   2,533   (10,732)  474,675 
Commercial mortgage-backed securities                  
                   
Total non-federal-agency MBS  485,419   (2,545)  482,874   2,533   (10,732)  474,675 
                   
                         
Asset-Backed Securities
                        
Manufactured housing (insured)  208,544      208,544      (46,536)  162,008 
Home equity loans (insured)  324,833   (74,915)  249,918   8,515   (34,559)  223,874 
Home equity loans (uninsured)  227,546   (23,003)  204,543      (44,662)  159,881 
                   
Total asset-backed securities  760,923   (97,918)  663,005   8,515   (125,757)  545,763 
                   
Total mortgage-backed securities $9,787,303  $(100,463) $9,686,840  $277,734  $(150,011) $9,814,563 
                   
                         
Other
                        
State and local housing finance agency obligations  791,187      791,187   5,325   (14,527)  781,985 
Certificates of deposit  2,000,000      2,000,000   3      2,000,003 
                   
Total other $2,791,187  $ $2,791,187  $5,328  $(14,527) $2,781,988 
                   

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  December 31, 2008 
  Amortized  Gross  Gross    
  Cost  Unrealized  Unrealized  Fair 
Issued, guaranteed or insured Basis  Holding Gains  Holding Losses  Value 
Pools of Mortgages
                
Fannie Mae $1,400,058  $26,789  $  $1,426,847 
Freddie Mac  422,088   7,860      429,948 
             
Total pools of mortgages  1,822,146   34,649      1,856,795 
             
                 
Collateralized Mortgage Obligations/Real Estate Mortgage Investment Conduits
                
Fannie Mae  2,032,051   51,138   (125)  2,083,064 
Freddie Mac  3,722,840   101,595   (30)  3,824,405 
Ginnie Mae  6,325      (187)  6,138 
             
Total CMOs/REMICs  5,761,216   152,733   (342)  5,913,607 
             
                 
Ginnie Mae-CMBS
            
                 
Non-GSE MBS
                
CMOs/REMICs  609,907      (42,706)  567,201 
Commercial mortgage-backed securities  266,994   149   (127)  267,016 
             
Total non-federal-agency MBS  876,901   149   (42,833)  834,217 
             
                 
Asset-Backed Securities
                
Manufactured housing (insured)  229,714      (75,418)  154,296 
Home equity loans (insured)  376,587      (144,957)  231,630 
Home equity loans (uninsured)  259,879      (79,112)  180,767 
             
Total asset-backed securities  866,180      (299,487)  566,693 
             
Total mortgage-backed securities $9,326,443  $187,531  $(342,662) $9,171,312 
             
                 
Other
                
State and local housing finance agency obligations  804,100   6,573   (47,512)  763,161 
Certificates of deposit  1,203,000   328      1,203,328 
             
Total other $2,007,100  $6,901  $(47,512) $1,966,489 
             

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External rating information of theheld-to-maturity portfoliowas as follows. (Carrying value in thousands):
                         
  September 30, 2009 
                  Below    
                  Investment    
  AAA-rated  AA-rated  A-rated  BBB-rated  Grade  Total 
                         
Long-term securities                        
Mortgage-backed securities $9,078,224  $315,823  $72,762  $32,564  $187,467  $9,686,840 
State and local housing bonds  73,313   638,509   23,145   56,220      791,187 
                   
                         
Total Long-term securities  9,151,537   954,332   95,907   88,784   187,467   10,478,027 
                   
                         
Short-term securities                        
Certificates of deposit     1,000,000   1,000,000         2,000,000 
                   
                         
Total
 $9,151,537  $1,954,332  $1,095,907  $88,784  $187,467  $12,478,027 
                   
                     
  December 31, 2008 
  AAA-rated  AA-rated  A-rated  BBB-rated  Total 
                     
Long-term securities                    
Mortgage-backed securities $8,705,952  $229,714  $192,678  $198,099  $9,326,443 
State and local housing bonds  74,881   672,999      56,220   804,100 
                
 
Total Long-term securities  8,780,833   902,713   192,678   254,319   10,130,543 
                
Short-term securities Certificates of deposit     628,000   575,000      1,203,000 
                
                     
Total
 $8,780,833  $1,530,713  $767,678  $254,319  $11,333,543 
                
Rating information of theavailable-for-sale portfolioswas as follows. (Fair values in thousands):
                         
  September 30, 2009 
  AAA-rated  AA-rated  A-rated  BBB-rated  Unrated  Total 
                         
Available-for-sale securities                        
Mortgage-backed securities $2,350,308  $  $  $  $  $2,350,308 
Other — Grantor trusts              12,284   12,284 
                   
                         
Total
 $2,350,308  $  $  $  $12,284  $2,362,592 
                   
                         
  December 31, 2008 
  AAA-rated  AA-rated  A-rated  BBB-rated  Unrated  Total 
                         
Available-for-sale securities                        
Mortgage-backed securities $2,851,682  $  $  $  $  $2,851,682 
Other — Grantor trusts              10,187   10,187 
                   
                         
Total
 $2,851,682  $  $  $  $10,187  $2,861,869 
                   
Fair values of investment securities
In an effort to achieve consistency among all of the FHLBanks of the pricing of investments of mortgage-backed securities, in the third quarter of 2009 the FHLBanks formed the MBS Pricing Governance Committee which was responsible for developing a fair value methodology for mortgage-backed securities that all FHLBanks could adopt. Consistent with the guidance from the Governance Committee, the FHLBNY changed the methodology used to estimate the fair value of mortgage-backed securities during the quarter ended September 30, 2009. Under the approved methodology, the Bank requests prices for all mortgage-backed securities from four specific third-party vendors, and, depending on the number of prices received for each security, selects a median or average price as defined by the methodology. The methodology also incorporates variance thresholds to assist in identifying median or average prices that may require further review. In certain limited instances (i.e., prices are outside of variance thresholds or the third-party services do not provide a price), the Bank will obtain a price from securities dealers that is deemed most appropriate after consideration of all relevant facts and circumstances that would be considered by market participants. Prices for CUSIPs held in common with other FHLBanks are reviewed for consistency.
Prior to the adoption of the new pricing methodology, the Bank used a similar process that utilized three third-party vendors and similar variance thresholds. This change in pricing methodology did not have a significant impact on the Bank’s estimated fair values of its mortgage-backed securities.

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In adopting this common methodology, the fair values of mortgage-backed investment securities are estimated by FHLBNY’s management who remains responsible for the selection and application of its fair value methodology and the reasonableness of assumptions and inputs used. The four specialized pricing services use pricing models or quoted prices of securities with similar characteristics. Inputs into the pricing models employed by pricing services for most of the Bank’s investments are market based and observable and are considered Level 2. The valuation techniques used by pricing services employ cash flow generators and option-adjusted spread models. Pricing spreads used as inputs in the models are based on new issue and secondary market transactions if securities that are traded in sufficient volumes in the secondary market. The valuation of the Bank’s private-label securities that are all designated as held-to-maturity may require pricing services to use significant inputs that are subjective and may be considered to be Level 3 because the inputs may not be market based and observable. Private-label securities are classified as held-to-maturity and are recorded in the balance sheet at their carrying values. For a comparison of carrying values and fair values of held-to-maturity securities, see tables above. Through the three quarters in 2009, fifteen held-to-maturity private-label mortgage-backed securities were deemed to be credit impaired and to be OTTI. The fair values of the OTTI securities recorded as the carrying values of the securities credit impaired at September 30, 2009 was $125.8 million and were considered to be the equivalent of Level 3 financial instruments within the fair value hierarchy under the accounting standards for fair value measurements and disclosures. This determination was made based on management’s view that the OTTI private-label instruments may not have an active market because of the specific vintage of the impaired securities as well as inherent conditions surrounding the trading of private-label mortgage-backed securities; fair values of the securities were determined by management using third party specialized vendor pricing services that made appropriate adjustments to observed prices of comparable securities that were being transacted in an orderly market.
For more information about the corroboration and other analytical procedures performed by the FHLBNY, see Significant Accounting Policies and Significant Estimates in Note 1, and Note 16 Fair Values of Financial Instruments. Examples of securities priced under such a valuation technique, which are classified within Level 2 of the valuation hierarchy and valued using the “market approach” as defined in the accounting standards for fair value measurements and disclosures, include GSE issued collateralized mortgage obligations and money market funds.
The FHLBNY conducts a review and evaluation of the securities portfolio to determine, based on the creditworthiness of the securities and including any underlying collateral and/or insurance provisions of the security, if the decline, if any, in the fair value of a security below its carrying value is other-than-temporary. Based on detailed credit analysis on a security level, the Bank has concluded that other than the fifteen securities determined to be credit impaired, gross unrealized losses for the remainder of Bank’s investment securities were primarily caused by interest rate changes, credit spread widening and reduced liquidity and the securities were temporarily impaired as defined under the new guidance for recognition and presentation of other-than-temporary impairment. For information about the Bank’s Impairment Analysis and conclusions, investment ratings, and investment quality see Asset Quality and Concentration — Advances, Investment securities, Mortgage loans, and Counterparty risks in this MD&A. Also, see Note 4 — Held-to-maturity securities and Note 5 — Available-for-sale securities.

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Contractual maturities — Mortgage-backed securities
The amortized cost basis and estimated fair values of held-to-maturity securities by contractual maturity are shown below (in thousands). Expected maturities of certain securities will differ from contractual maturities because borrowers may have the right to call or prepay obligations with or without call or prepayment fees.
                 
  September 30, 2009  December 31, 2008 
  Amortized  Fair  Amortized  Fair 
  Cost Basis  Value  Cost Basis  Value 
State and local housing agency obligations                
Due in one year or less $  $  $  $ 
Due after one year through five years  14,985   15,191   17,665   18,209 
Due after five years through ten years  62,065   63,002   60,400   55,060 
Due after ten years  714,137   703,792   726,035   689,892 
             
State and local housing agency obligations  791,187   781,985   804,100   763,161 
             
                 
Mortgage-backed securities                
Due in one year or less        257,999   258,120 
Due after one year through five years  2,872   2,839       
Due after five years through ten years  1,147,404   1,183,248   1,142,000   1,149,541 
Due after ten years  8,637,027   8,628,476   7,926,444   7,763,651 
             
Mortgage-backed securities  9,787,303   9,814,563   9,326,443   9,171,312 
             
                 
Certificates of deposit                
Due in one year or less  2,000,000   2,000,003   1,203,000   1,203,328 
             
Certificates of deposit  2,000,000   2,000,003   1,203,000   1,203,328 
             
                 
Total held-to-maturity securities $12,578,490  $12,596,551  $11,333,543  $11,137,801 
             
Short-term investments
The FHLBNY typically maintains substantial investments in high quality, short- and intermediate-term financial instruments, such as certificates of deposits and overnight and term Federal funds sold to highly rated financial institutions. These investments provide the liquidity necessary to meet members’ credit needs. Short-term investments also provide a flexible means of implementing the asset/liability management decisions to increase liquidity. The Bank invests in certificates of deposits with maturities not exceeding 270 days and issued by major financial institutions; certificates of deposits are recorded at amortized cost basis as held-to maturity investment. Cash pledged to derivative counterparties to meet collateral requirements are interest bearing and are reported as a deduction (netting adjustment) to Derivative liabilities in the Statements of Condition.

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Investments — Policies and practices
Finance Agency regulations limit investment in housing-related obligations of state and local governments and their housing finance agencies to obligations that carry ratings of double-A or higher. Finance Agency regulations further limit the mortgage-backed and asset-backed investments of each FHLBank to 300% of that FHLBank’s capital. The FHLBNY was within the 300% limit for all periods reported. The FHLBNY’s held-to-maturity securities consisted of mortgage-backed and residential asset-backed securities, and housing finance agency bonds.
The FHLBNY does not preclude or specifically seek out investments any differently than it would in the normal course of acquiring securities for investments, unless it is prohibited by existing regulations. The FHLBNY’s practice is not to lend unsecured funds to members, including overnight Federal funds sold and certificates of deposits. Unsecured lending to members is not prohibited by Finance Agency regulations or Board of Directors’ policy. The FHLBNY is prohibited from purchasing a consolidated obligation issued directly by another FHLBank, but may acquire consolidated obligations for investment in the secondary market after the bond settles. There were no investments in consolidated obligations by the FHLBNY at September 30, 2009 and at December 31, 2008.
The FHLBNY’s investment in mortgage-backed securities during all periods reported complied with FHLBNY’s Board-approved policy of acquiring mortgage-backed securities issued or guaranteed by the government-sponsored housing enterprises, or prime residential mortgages rated triple-A by both Moody’s and Standard & Poor’s rating services at acquisition.

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Mortgage Loans Held-for-Portfolio
At September 30, 2009, the portfolio of mortgage loans was comprised of investments in Mortgage Partnership Finance loans (“MPF” or “MPF Program”) and Community Mortgage Asset loans (“CMA”). More details about the MPF program can be found in Mortgage Partnership Finance Program under the caption Acquired Member Assets Program in the Bank’s most recently filed Form 10-K on March 27, 2009. In the CMA program, the FHLBNY holds participation interests in residential and community development mortgage loans. Acquisition of participations under the CMA program was suspended indefinitely in November 2001 and the loans are being paid down under their contractual terms.
Paydowns outpaced acquisitions in the current year first three quarters and as a result, the MPF portfolio declined relative to December 31, 2008. The FHLBNY does not expect the MPF loans to increase substantially, and the Bank provides this product to its members as another alternative for its members to sell their mortgage production.
The following table presents information on mortgage loans held-for-portfolio (dollars in thousands):
                 
  September 30, 2009  December 31, 2008 
      Percentage of      Percentage of 
  Amount  Total  Amount  Total 
Real Estate:
                
Fixed medium-term single-family mortgages $406,055   30.38% $467,845   32.15%
Fixed long-term single-family mortgages  926,537   69.32   983,493   67.58 
Multi-family mortgages  3,934   0.30   4,009   0.27 
             
 
Total par value  1,336,526   100.00%  1,455,347   100.00%
               
                 
Unamortized premiums  9,257       10,662     
Unamortized discounts  (5,641)      (6,310)    
Basis adjustment1
  (556)      (408)    
               
                 
Total mortgage loans held-for-portfolio  1,339,586       1,459,291     
Allowance for credit losses  (3,358)      (1,406)    
               
Total mortgage loans held-for-portfolio after allowance for credit losses
 $1,336,228      $1,457,885     
               
1 Represents fair value basis of open and closed delivery commitments.

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Deposit Liabilities
Deposit liabilities comprised of member deposits and, from time-to-time, may also include unsecured overnight borrowings from other FHLBanks.
Member deposits— The FHLBNY operates deposit programs for the benefit of its members. Deposits are primarily short-term in nature with the majority maintained in demand accounts that reprice daily based upon rates prevailing in the overnight Federal funds market. Members’ liquidity preferences are the primary determinant of the level of deposits. Deposits at March 31, 2010 grew to $7.9 billion, an increase of $5.3 billion, primarily due to deposits placed by a U.S. government agency in the 2010 first quarter. The Bank may accept deposits from governmental and semi-governmental institutions in addition to member deposit. Fluctuations in member deposits have little impact on the Bank and are not a significant source of liquidity for the Bank.
Borrowings from otherFHLBanks — The Bank borrows from other FHLBanks, generally for a period of one day and at market terms. There were no borrowings in the 2010 first quarter or in the same period in 2009.

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Debt Financing Activity and Consolidated Obligations
Consolidated obligations, which are the joint and several obligations of the FHLBanks, are the principal funding source for the FHLBNY’s operations and consist of consolidated bonds and consolidated discount notes. Discount notes are consolidated obligations with maturities of up to 365 days, and consolidated bonds have maturities of one year or longer. Member deposits, capital, and to a lesser extent borrowings from other FHLBanks, are also funding sources.
Consolidated Obligation Liabilities
The issuance and servicing of consolidated obligations debt are performed by the Office of Finance, a joint office of the FHLBanks established by the Finance Agency. Each FHLBank independently determines its participation in each issuance of consolidated obligations based on, among other factors, its own funding and operating requirements, maturities, interest rates, and other terms available for consolidated obligations in the market place. Although the FHLBNY is primarily liable for its portion of consolidated obligations (i.e., those issued on its behalf), the FHLBNY is also jointly and severally liable with the other FHLBanks for the payment of principal and interest on the consolidated obligations of all the FHLBanks. The FHLBanks, including the FHLBNY, have emphasized diversification of funding sources and channels as the need for funding from the capital markets has grown.

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The two major debt programs offered by the Office of Finance are the Global Debt Program and the TAP.TAP issue programs as described below. The FHLBNY participates in both programs.
The Global Debt Program provides the FHLBanks with the ability to distribute debt into multiple primary markets across the globe. The FHLBank global debt issuance facility has been in place since July 1994. FHLBank global bonds are known for their variety and flexibility; all can be customized to meet changing market demand with different structures, terms and currencies. Global Debt Program bonds are available in maturities ranging from one year to 30 years with the majority of global issues between one and five years. The most common Global Debt Program structures are bullets, floaters and fixed-rate callable bonds with maturities of one through ten years. Issue sizes are typically from $500 million to $5 billion and individual bonds can be reopened to meet additional demand. Bullets are the most common global bonds, particularly in sizes of $3 billion or larger.
In mid-1999, the Office of Finance implemented the TAP issue program on behalf of the FHLBanks. This program consolidates domestic bullet bond issuance through daily auctions of common maturities by reopening previously issued bonds. Effectively, the program has reduced the number of separate FHLBanks bullet issues and individual issues have grown as large as $1$1.0 billion. The increased issue sizes have a number of market benefits for investors, dealers and the 12 FHLBanks. TAP issues have improved market awareness, expanded secondary market trading opportunities, improved liquidity and stimulated greater demand from investors and dealers seeking high-quality Government Sponsored Enterprises securities with U.S. Treasury-like characteristics. The TAP issues follow the same 3-month quarterly cycles used for the issuance of “on-the-run” Treasury securities and also have semi-annual coupon payment dates (March, June, September and December). The coupons for new issues are determined by the timing of the first auction during a given quarter.
The FHLBanks also issue global consolidated obligations-bonds. Effective in January 2009, a debt issuance process was implemented by the FHLBanks and the Office of Finance to provide a scheduled monthly issuance of global bullet consolidated obligations-bonds. As part of this process, management from each of the FHLBanks will determine and communicate a firm commitment to the Office of Finance for an amount of scheduled global debt to be issued on its behalf. If the FHLBanks’ orders do not meet the minimum debt issue size, the proceeds are allocated to all FHLBanks based on the larger of the FHLBank’s commitment or allocated proceeds based on the individual FHLBank’s capital to total system capital. If the FHLBanks’ commitments exceed the minimum debt issue size, the proceeds are allocated based on relative capital of the FHLBanks’ with the allocation limited to the lesser of the allocation amount or actual commitment amount. The Finance Agency and the U.S. Secretary of the Treasury have oversight over the issuance of FHLBank debt through the Office of Finance. The FHLBanks can, however, pass on any scheduled calendar slot and not issue any global bullet consolidated obligations-obligation bonds upon agreement of eight of the 12 FHLBanks.

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In the third quarter of 2008, each FHLBank, (includingincluding the FHLBNY)FHLBNY, entered into a Lending Agreement with the U.S. Treasury in connection with the U.S. Treasury’s establishment of the Government Sponsored Enterprise Credit Facility (GSECF)(“GSECF”), as authorized by the Housing Act. The GSECF iswas designed to serve as a contingent source of liquidity for the housing government-sponsored enterprises, including each of the 12 FHLBanks. Any borrowings by one or more of the FHLBanks under the GSECF willwould be considered consolidated obligations with the same joint and several liability as all other consolidated obligations. The terms of any borrowings willwould be agreed to at the time of issuance. Loans under the Lending Agreement arewere to be secured by collateral acceptable to the U.S. Treasury, which consistsconsisted of FHLBank advances to members that havehad been collateralized in accordance with regulatory standards and mortgage-backed securities issued by the Federal National Mortgage AssociationFannie Mae or the Federal Home Loan Mortgage Corporation.Freddie Mac. Each FHLBank iswas required to submit to the Federal Reserve Bank of New York, acting as fiscal agent of the U.S. Treasury, a list of eligible collateral updated on a weekly basis. As of September 30, 2009 and December 31, 2008,2009, the FHLBNY had provided the U.S. Treasury with listings of advance collateral amounting to $17.8$10.3 billion, and $16.3 billion. The amountwhich provided for maximum borrowings of collateral can be increased or decreased (subject to the approval of the U.S. Treasury)$9.0 billion at any time through the delivery of an updated listing of collateral.December 31, 2009. As of December 31, 2008 and at the date of this Form 10-Q report,2009, no FHLBank hashad drawn on this available source of liquidity. The GSECF authorization expired on December 31, 2009.

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The FHLBanks, including the FHLBNY, continue to issue debt that is both competitive and attractive in the marketplace. In addition, the FHLBanks continuously monitor and evaluate their debt issuance practices to ensure that consolidated obligations are efficiently and competitively priced.
Consolidated obligations are issued with either fixed- or variable-rate coupon payment terms that use a variety of indices for interest rate resets. These indices include the London Interbank Offered Rate (LIBOR)(“LIBOR”), Constant Maturity Treasury (“CMT”), 11th District Cost of Funds Index (“COFI”), Prime rate, the Federal funds rate, and others. In addition, to meet the expected specific needs of certain investors in consolidated obligations, both fixed- and variable-rate bonds may also contain certain features that will result in complex coupon payment terms and call options. When the FHLBNY cannot use such complex coupons to hedge its assets, FHLBNY enters into derivative transactions containing offsetting features that effectively convert the terms of the bond to those of a simple variable-rate bond.
The consolidated obligations, beyond having fixed- or variable-rate coupon payment terms, may also be Optional Principal Redemption Bonds (callable bonds) that the FHLBNY may redeem in whole or in part at its discretion on predetermined call dates according to the terms of the bond offerings.
Highlights — Debt issuance and funding management
The Bank’s consolidated obligations outstanding continued to shrink in the 2010 first quarter, dropping an additional $12.6 billion from December 31, 2009, in part due to the contraction of the Bank’s advance business, and in part due to lower balance sheet leverage, and reduction in overall funding requirements.
The primary source of funds for the FHLBNY continued to be through issuance of consolidated obligation bonds and discount notes. Reported amounts of consolidated obligations outstanding, comprising of bonds and discount notes, at September 30, 2009March 31, 2010 and December 31, 20082009, were $108.1$92.2 billion and $128.6$104.8 billion, and funded 91.9%86.0% and 93.5%91.6% of Total assets at those dates. These financing ratios have remained substantially unchanged over the years at around 90%,90 percent, indicative of the stable funding strategy pursued by the FHLBNYFHLBNY. Fixed-rate non-callable debt remains the largest component of consolidated obligation debt at March 31, 2010. In the 2010 first quarter, in response to rely on FHLBank debt for financing its activities.
Investor demandmarket conditions for FHLBank debt, the FHLBNY shifted its funding strategy, reducing its issuance of discount notes while increasing the utilization of callable debt.

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Market trends for FHLBank debt The cost of term debt issuance has continued to be under pressure in the current year2010 first three quarters. Keyquarter. In 2009, key investors from Asia have continued to reduceand central banks had reduced acquisitions of FHLBank debt and have very limited their participation in in recent debt issuances. FollowingTowards the conservatorshiplatter part of Fannie Maethe 2010 first quarter, there was encouraging signs of the return of central banks from Asia to FHLBank debt issuances and Freddie Mac, marketincreased participation in the debt offerings.
During the 2010 first quarter, the FHLBanks priced $154 billion of consolidated bonds, just $2.4 billion more than during the fourth quarter of 2009. However, weighted-average bond funding costs deteriorated significantly during the 2010 first quarter, with March 2010 witnessing the lowest weighted-average monthly bond pricing spreads since February 2009. The compression of swapped funding levels of FHLBank issued debt indicated that market participants believe that obligationsconsolidated bonds to LIBOR has effectively driven up the cost of funding for the two GSEs offer lower credit risk than FHLBank debt obligations, which are generally grouped intoas much of FHLBank fixed-rate debt is swapped back to LIBOR.
With credit markets returning to normalcy, money market fund balances have been in decline, and resulted in lower volumes of issuances of discount notes. In 2009, the same GSE asset class as Fannie Mae and Freddie Mac. As a result, investors are more likely to require a premium to acquire FHLBank debt relative to debt issued by Fannie Mae and Freddie Mac. GSE debt pricing itself has been under competitive pressure with the FDIC announcing guarantees to debt offered by commercial banks and other financial institutions. However, the Federal Reserve’s program of purchasing GSE debt for up to $200 billion has helped to narrow the spreads of GSE debt to U.S. Treasuries from the levels existing earlier in the year.
Moneymoney market funds and other domestic fund managers have stepped up tohad become key investorsdrivers of FHLBank short-term debt. While this has positive implications forthe increased demand for FHLBank debt, it has put further pressure on sharply increaseddiscount notes and short-term debt. In the 2010 first quarter, money market funds were experiencing a steady outflow of funds, limiting additional demand for evendiscount notes longer than 2-months.
Over the next several months, the money market funds, a significant investor base for FHLBank short-term debt and discount notes, will face two major changes. First, the newly released amendments to SEC’s Rule 2a-7, which governs money market funds, is expected to impact FHLBank discount notes as well as FHLBank issued short maturity callable and floating-rate bonds. Second, the initiation of the Federal Reserve Board’s short-term reverse repurchase program may lead to higher yields demanded by investors for shorter bond maturities. Moneyterm paper, including FHLBank issued discount notes.
Amendment to Rule 2a-7, effective in May 2010, tightens the credit restrictions on money funds, appearwho will be required to be maintaining average investment maturitiespurchase a greater percentage of 50first tier securities, and is likely to benefit FHLBank issued discount notes due to the triple A rating ascribed to the debt. However, the FRB’s reverse repurchase program is likely to create new challenges for short-term funding. In this program, the Fed will lend securities for up to 65 days within exchange for cash, a ceiling of 90 days as mandated under certain regulatory provisions.

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All of these factors and the general dislocationmove that could lead to less liquidity in the capitaldebt markets, are counteracting effortshigher “repo” rates, and higher U.S. Treasury bill rates. In summary, these changes would result in higher yields demanded by investors for FHLBank issued discount notes.
Beginning with the FHLBanks to issuefourth quarter of 2009 and continuing into the 2010 first quarter, FHLBank issuances of short-term bullet debt with maturities longer than one year. These factors, outsidewere scaled back as investor interest was much more in the controlcomparable callable FHLBank debt and callable step-up bonds. With the gradual steepening of the FHLBanks,yield curve, step-up bond coupons have generally made itbecome more attractive, and investors saw opportunities to hedge their yields in a rising rate environment.
The outlook for the issuances of longer-term debt is still uncertain. It remains uneconomical for the FHLBanks to issue longer-term debt. Yields demanded by investors for longer-term FHLBank debt and spreads between 3-month LIBOR and FHLBank long-term debt yield have remained at levels that make it expensive for the FHLBNY to issue term debt and offer longer-term advances to members even if there was sufficient investor demand for such debt. That scenario appears to be gradually changing at least with respect to funding costs for 5-year and shorter maturity debt. In the second and third quarters of the current year, the FHLBanks have been successfully placing more term debt in the form of Global Bond offerings and callables, but it is too early to predict if this trend will continue. Domestic banks, flush with cash, and the more active international investors have been participants in the market for FHLBank debt. However, the FHLBanks continue to be disproportionately exposed to the money fund industry, and in response the FHLBank debt issuances have continued to maintain the short-term issuance practices implemented late last year.
Unless investors recommit to the term funding market in sufficient volume, the FHLBanks will continue to meet funding needs in the very short end of the funding market. Investor demand in the first two quarters of 2009 had been for ultra-short-term bullet and callable bonds, short-term floating-rate bonds, discount notes. In the third quarter, demand appears to have shifted away from floaters and ultra short-term discount notes.
Bonds with a one-year maturity and a short lockout call option had traditionally been in demand because of their attractive pricing, and offered an alternative investment to 3-month discount notes. Since the market dislocation and up until June 2009, demand had been very weak. However, in the third quarter of 2009, short lockout callables (with call dates as short as 3 month from issue date) have been in demand once again as investors see a pricing advantage over similar maturity discount notes. Short-term bonds with no call options with maturities of up to two years have also been popular with investors. Much of the demand has been from money funds that were experiencing bond maturities. The money fund sector continues to be significant acquirer of FHLBank discount notes as a safe, high-quality, liquid investment that has been attractively priced on a risk-adjusted basis relative to U.S. Treasury bills. For fund managers, discount notes are fundamental to balancing investment returns and protecting the $1.00 constant net asset value for money funds, since discount notes mature at a par amount of $1.00 as well. In the current year third quarter, discount note pricing has narrowed to the one month LIBOR index, making it a less attractive funding instrument for the FHLBanks, relative to prior periods. Also in the third quarter of 2009, short-term LIBOR rates reset lower and resulted in the tightening of discount note spreads to LIBOR on a range of short-term maturities, from overnight to 12 months. From the 12-month point and beyond, the yield curve steepens. Demand for callable step-up bonds in a variety of maturities has been steady and the FHLBanks have responded by increasing the issuance of such bond structures. Issuance of simple floating rate bonds have been almost non-existent because of weak demand and unattractive pricing. Floaters indexed to Fed Funds were issued early in the third quarter but this bond structure has not been in demand because coupons were perceived as less attractive by investors relative their popularity with investors in 2008.

 

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Funding tactical changes —To accommodate members’ funding needs at reasonable spreads, the FHLBNY has been responsive to investor preferences and changing demands, the FHLBNY has continued to make tactical adjustments to the FHLBNY funding strategies. In the first two quarters of 2009 in response to strong investor demand for shorter-term FHLBank bonds and discount notes, the FHLBNY sharply increased its issuances of discount notes and short-term “bullet” bonds, which are non-callable with a single maturity at end. In the third quarter, as discount note pricing became relatively unattractive, the FHLBNY reduced its issuances of discount notes. The FHLBNY will continue to refine and adjust its funding tactics and as conditions in the debt market changes, the FHLBNY will also react promptly. The principal tactical funding strategy changes employed in executing issuances of debt were:
In response to market demand for shorter-term debt in the first two quarters of 2009, the Bank had increased its issuance of discount notes, which have maturities from overnight to 365 days. The upward trends in issuance volume of discount notes at that time were illustrative of the tactical adjustments adopted by the FHLBNY to changing conditions earlier in the year. Average outstanding balances of discount notes, a measure of volume, was $24.7 billion in the third quarter of 2008. It increased to $34.5 billion in the fourth quarter of 2008. In the first and second quarters of 2009, volume rose dramatically to $46.2 billion and $48.7 billion.
In the third quarter of 2009, as one month LIBOR reset lower, discount note pricing became relatively unattractive as spreads to LIBOR tightened, and average outstanding balances of discount notes was allowed to decline to $38.8 billion. The utilization rate of discount notes to fund total assets is another useful measurement indicator of the Bank’s funding tactics. At March 31, 2009, discount notes outstanding were $48.7 billion, and funded 38.0% of the total assets at that date; at June 30, 2009, outstanding balance was $47.3 billion and funded 36.6% of total assets. At September 30, 2009, outstanding balance was $38.4 billion and funded 32.6 % of total assets, compared to $46.3 billion at December 31, 2008, which funded 33.7% of total assets.
In the first two quarters of 2009, the FHLBNY had also relied more on overnight and very short-term discount notes to take advantage of lower funding costs of overnight issuance of discount notes. In the third quarter of 2009, the FHLBNY reduced its issuance of overnight discount notes, partly as a result of the Federal Reserve’s action to eliminate interest on excess reserves, partly as a result of tightening of spreads, and partly because the FHLBNY determined that term discount notes would better match its regulatory liquidity profile. At June 30, 2009, overnight discount notes outstanding were $11.3 billion. In contrast, overnight discount notes declined to $1.5 billion at September 30, 2009.
Floating-rate bonds outstanding at September 30, 2009 declined during the third quarter, a trend observed during most of the earlier two quarters. Maturing bonds were not replaced because of unfavorable spreads demanded by investors and compared to other GSE issued LIBOR-indexed floaters. In 2008, the FHLBNY had issued short-term floating-rate bonds, indexed to rates other than 3-month LIBOR and had swapped the coupons back to 3-month LIBOR.
Reacting to investor preference for shorter term debt, the FHLBNY increased the issuance of medium-term non-callable bonds. Investors have been receptive to FHLBanks’ non-callable bonds compared to alternative debt available in the capital markets and execution pricing has been relatively more favorable for the FHLBank bonds. At June 30, 2009, fixed-rate non-callable bonds were $41.5 billion. In the third quarter, the FHLBNY increased issuances of non-callable bonds to replace maturing discount notes and outstanding balances rose to $47.5 billion at September 30, 2009. The outstanding balance was $36.4 billion at December 31, 2008.

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FHLBank callable-bonds, which have been traditionally considered by investors to be competitively priced, were under price pressure in 2008 and in the first two quarters of 2009, and the Bank’s use of funding with callable debt had declined because of the erosion of their price advantage. In the first two quarters, investor preferences were for short maturity bullet bonds and floaters primarily due to demand from the domestic money funds. In the current year third quarter, short lock-out callables were in demand by investors who saw a yield advantage over similar maturity discount notes; issuance volume increased and outstanding balances grew from $3.3 billion at June 30, 2009 to $4.8 billion at September 30, 2009. The outstanding balance at December 31, 2008 was also $4.8 billion.
Debt extinguishment— No debt was transferred to another FHLBank in the current year2010 first three quarters. Inquarter and the current year third quarter, the FHLBNY retired $0.5 billion through a debt buyback from an unrelated financial institution at a loss of $69.5 thousand.same period in 2009.
Consolidated obligation bonds
The following summarizes types of bonds issued and outstanding (dollars in thousands):
                 
  September 30, 2009  December 31, 2008 
      Percentage of      Percentage of 
  Amount  Total  Amount  Total 
 
Fixed-rate, non-callable $47,549,475   69.14% $36,367,875   44.92%
Fixed-rate, callable  4,839,800   7.04   4,828,300   5.96 
Step Up, non-callable  73,000   0.10       
Step Up, callable  2,192,500   3.19   73,000   0.09 
Step Down, callable        15,000   0.02 
Single-index floating rate  14,117,500   20.53   39,670,000   49.01 
             
                 
Total par value  68,772,275   100.00%  80,954,175   100.00%
               
                 
Bond premiums  112,091       63,737     
Bond discounts  (34,980)      (39,529)    
Fair value basis adjustments  817,374       1,254,523     
Fair value basis adjustments on terminated hedges  3,108       7,857     
Fair value option valuation adjustments and accrued interest  968       15,942     
               
                 
Total bonds
 $69,670,836      $82,256,705     
               
Table 24: Consolidated Obligation Bonds by Type
                 
  March 31, 2010  December 31, 2009 
     Percentage of     Percentage of 
  Amount  Total  Amount  Total 
                 
Fixed-rate, non-callable $46,480,125   64.82% $48,647,625   66.31%
Fixed-rate, callable  9,959,800   13.89   8,374,800   11.42 
Step Up, non-callable        53,000   0.07 
Step Up, callable  2,871,000   4.01   3,305,000   4.51 
Single-index floating rate  12,392,500   17.28   12,977,500   17.69 
             
                 
Total par value  71,703,425   100.00%  73,357,925   100.00%
               
                 
Bond premiums  108,123       112,866     
Bond discounts  (31,714)      (33,852)    
Fair value basis adjustments  619,530       572,537     
Fair value basis adjustments on terminated hedges  3,226       2,761     
Fair value option valuation adjustments and accrued interest  5,613       (4,259)    
               
                 
Total bonds
 $72,408,203      $74,007,978     
               
Funding MixTactical changes in the funding mix
In the 2010 first quarter, the FHLBNY issued fixed-rate and floating-rate bonds, and discount notes in a mix of issuances to achieve its asset/liability management goals and be responsive to the changing market dynamics. The FHLBNYissuance of bonds has consistently demonstratedbeen the ability to seek out the most attractively priced funding the capital market has to offer by being flexible in the debt structureprimary financing vehicle for the Bank, is willing to offer to meetalthough the borrowing needsuse of its membersterm and to achieve management’s asset/liability goals. overnight discount notes remain vital sources of funding because of the ease of issuance of discount notes as a flexible funding tool for day-to-day operations.
As investor demand in the current year third2010 first quarter shifted away from discount notes and floating-rate debt to fixed-rate “bullet” and callable debt, the FHLBNY has also been opportunistic in pursuing the debt structure most in demand at a reasonable price consistent with the Bank’s asset/liability match.
In the current year2010 first three quarters,quarter, the FHLBNY issued fixed-rateBank shifted its funding mix between bonds and discount notes, in a mix of issuances to achievereducing its asset/liability management goals and be responsive to the changing market dynamics. The funding fix has resulted in a greater diversity of debt structures and funding alternatives, indicative of the flexibility of the Bank’s funding tactics in a volatile environment. The issuance of bonds has been the primary financing vehicle for the Bank, although the use of term and overnight discount notes remain a vital source of funding requirements because of the ease of issuance of discount notes. The money-market sector, which had become a significant investor segment for FHLBank discount notes during much of the credit crisis, was seeking short-term investments that offered a higher rate of return. As a result, discount note pricing has been adversely impacted, spreads to LIBOR have narrowed, and as a flexible funding tool, discount notes are no longer as attractive as they had been in 2009.
Spread deterioration has not been isolated just to FHLBank discounts notes but across to short-callable bonds as well, although not as significantly. The spread compression to 3-month LIBOR has been a challenge for day-to-day operations.the FHLBNY as a significant percentage of its fixed-rate debt is swapped to 3-month LIBOR. Since December 31, 2009, the weighted-average bond funding costs have also deteriorated relative 3-month LIBOR and have resulted in increased funding costs on debt swapped to 3-month LIBOR. As a result, the FHLBNY’s net bond funding costs have also deteriorated, with March 2010 witnessing the lowest weighted-average monthly bond spreads to 3-month LIBOR.

 

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Hedge ratio,While short-term callable bond spreads to LIBOR have also worsened, the spread compression has been relatively small compared to other FHLBank debt structures. Callable bonds became an attractive funding alternative in the 2010 first quarter. Investor demand for short and medium-term callable bonds with call lock-outs of 1-year or less have been encouraging and the percentageFHLBNY has increased issuance of callable bonds. These structures have tended to fill in as a substitute for discount notes. Swapped short-lockout callable bonds offer effective durations that could be as short as a term discount note. In a steepening interest rate environment, the swap counterparty would likely exercise its rights to terminate the swap at the first exercise opportunity, and the FHLBNY would also exercise its right and terminate the debt.
The principal tactical funding strategy changes employed in executing issuances of debt hedged versus debt not hedged, and the mix between the use of non-cancellable and cancellable interest rate swaps to hedge bonds reflects the Bank’s balance sheet management preferences and the attractiveness of the pricing of cancellable swaps. The ratio of discount notes to bonds is another balance sheet management tool and that too is predicated on factors such as asset-liability cash-gap management and the attractiveness of the pricing of discount notes. In prior years, the use of term discount notes generally had declined because of the relative pricing advantage of issuing floating-rate, LIBOR-indexed debt or by issuing short-term callable debt and swapping out the fixed-rate cash flows for LIBOR-indexed cash flows by the simultaneous execution of cancellable interest rate swaps.are outlined below:
In the current year first two quarters, the Bank increased its holdings of term discount notes mainly because of favorable investor demand and pricing relative to term funding. In the third quarter, discount note issuance was reduced. Still, consolidated obligation bonds remained the primary financing basis for the FHLBNY.
Discount notes— Discount notes outstanding at March 31, 2010 stood at $19.8 billion, averaging $24.6 billion in the 2010 first quarter. In contrast, at December 31, 2009, discount notes totaled $30.8 billion, averaging $41.5 billion in 2009.
The FHLBNY has also stopped it’s issuance of overnight discount notes, in part because of shortage of a ready source of a risk-free overnight asset to fund profitably, in part as a result of worsening pricing of overnight discount note, and in part because the FHLBNY has determined that term discount notes would better match its regulatory liquidity profile.
Floating rate bonds— Floating-rate bonds have declined steadily through the four quarters in 2009 and in the 2010 first quarter. Generally, maturing bonds were not replaced because of marketplace perception of a pricing advantage of comparable GSE issued LIBOR-indexed floaters. FHLBank floating-rate bonds outstanding at March 31, 2010 totaled $12.4 billion, consisting primarily of LIBOR-indexed bonds. Outstanding amounts also included $4.6 billion of bonds indexed to the Prime and the Federal funds effective rates. By executing interest rate swaps concurrently with the issuances of the floating-rate bonds and swapping the non 3-month LIBOR indices for 3-month LIBOR, the Bank effectively created variable funding that was indexed to 3-month LIBOR.
Non-callable bonds— Non-callable bonds were the primary funding vehicle for the FHLBNY in the 2010 first quarter and in 2009. Issuances of non-callable debt are predicated partly on pricing of such debt and investor demand, and partly on the need to achieve asset/liability management goals. The Bank has made a strong effort to issue fixed-rate longer-term debt and lock-in the relative low rates in the current interest-rate environment. This has been a challenge as investor appetite for term debt has continued to be lukewarm, given investor preference for discount notes, short-term bullets and short lock-out callable debt.
Callable-bonds— In the 2010 first quarter, investors were receptive to the FHLBank callable bonds as an alternative to comparable debt available in the capital markets. Execution pricing of short duration callable bonds, relative to 3-month LIBOR, did not fare as poorly as discount notes with equivalent term to maturity. Fixed-rate callable bonds with a one-year maturity and a short lockout call option has been the more popular FHLBank bond structure in the 2010 first quarter. Responding to investor preference, the FHLBNY has issued short lockout callables, with call dates as short as 3 months from issue date. Such debt structures offer an alternative at an attractive pricing to similar maturity discount notes. FHLBank longer-term fixed-rate callable-bonds have not been an attractive investment asset for investors over the last several years, and continued to be under price pressure in the 2010 first quarter.
Fixed-rate non-callable bonds — With the decline in balance sheet assets at September 30, 2009, relative to December 31, 2008, the Bank reduced its outstanding debt. While over all debt declined, the amount and percentage of fixed-rate non-callable bonds, also referred to as “bullet bonds”, increased and represented 69.1% of total par amounts of debt outstanding at September 30, 2009. The comparable percentage of non-callable debt to total debt was 44.9% at December 31, 2008.
Issuances of non-callable debt are predicated partly on pricing of such debt and investor demand, and partly on the need to achieve asset/liability management goals. The Bank has made a strong effort to issue fixed-rate longer-term debt and lock-in the relative low rates in the current interest-rate environment. This has been a challenge as investor appetite for term debt has continued to be lukewarm, given investor preference for discount notes, short-term bullets and callable debt.
Fixed-rate callable bonds —With a callable bond, the Bank purchases a call option from the investor and the option allows the Bank to terminate the bond at predetermined call dates at par. When the Bank purchases the call option from investors, it typically lowers the cost to the investor, who has traditionally been receptive to callable-bond yields offered by the FHLBNY. The Bank may also issue callable debt on an unswapped basis in a financing strategy to match the estimated prepayment characteristics of mortgage-backed securities and mortgage loans held-for-portfolio. As estimated lives and prepayment speeds of MBS and mortgage loans change with changes in the interest rate environment, those same factors are also likely to impact the call exercise feature of callable debt. These factors tend to shorten or lengthen the effective lives of the debt with changes in the interest rate environment, thereby achieving an offset to the prepayment options of MBS and mortgage loans.
In the current year third quarter the FHLBanks may be seeing the beginning of an increased investor appetite for callable FHLBank bonds. The use of callable debt had declined over the years as investor demand for term debt had been very soft and the pricing advantage offered to investors for selling the call option tended to narrow as the term of the bond shortened. Spreads to both U.S. Treasury securities and LIBOR had widened and the unfavorable trend continued through the current year first two quarters. The Bank’s acquisition of fixed-rate mortgage-backed securities has been very selective, another factor that limited the FHLBNY’s issuance of callable bonds, which offers a call structure that could be matched to the paydown structures of mortgage-backed securities. Still another factor has been the increased frequency of callable bond redemptions associated with the calls on the associated interest rate swaps. Increased call frequency has been the result of declining interest rates and as a result, outstanding amounts of fixed-rate callable debt were allowed to decline as maturing or called bonds were replaced by non-callable bonds. In the current year third quarter, FHLBank callable bonds saw encouraging investor demand for fixed-rate and step-up callable bonds. Additionally, the pricing of short lockout callables were an attractive alternative to 3-month discount notes to investors and the FHLBNY. All these factors have tended to result in an increase in outstanding balances at September 30, 2009 compared to June 30, 2009.

 

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Floating-rate bonds — Generally, maturing floating-rate bonds were not replaced in the current year first three quarters and outstanding debt declined at September 30, 2009 relative to June 30, 2009 and December 31, 2008. Floating-rate bonds were extensively used in 2008, when the Bank issued floating-rate debt, indexed to 1-month LIBOR, Prime, and Fed effective rates, an innovative shift in funding tactics to take advantage of the historical wide spread between 3-month LIBOR and other indices. By executing interest rate swaps concurrently with the issuances of the floating-rate bonds and swapping the non-3 month LIBOR indices for 3-month LIBOR, the Bank effectively created variable funding that was indexed to 3-month LIBOR.
Impact of hedging fixed-rate consolidated obligation bonds
The Bank hedges certain fixed-rate debt by the use of both cancellable and non-cancellable interest rate swaps in fair value hedges under the accounting standards for derivatives and hedging. The Bank may also hedgehedges the anticipatory issuance of bonds under the provisions of “cash flow” hedging rules as provided in the accounting standards for derivatives and hedging (None were outstanding at December 31, 2008 or September 30, 2009).hedging.
Net interest accruals from qualifying interest rate swaps under the derivatives and hedge accounting rules are recorded together with interest expense of consolidated obligation bonds in the Statements of Income. Fair value changes of debt in a qualifying fair value hedge are recorded in Other income (loss) as a Net realized and unrealized gain (loss) on derivative and hedging activities; anactivities. An offset is recorded as a fair value basis adjustment to the carrying amount of the debt in the balance sheet. Net interest accruals associated with derivatives not qualifying under derivatives and hedge accounting rules are recorded in Other income (loss) as a Net realized and unrealized gain (loss) on derivatives and hedging activities.
Derivatives are employed to hedge consolidated bonds in the following manner to achieve the indicated principal objectives:
The FHLBNY:
Makes extensive use of the derivatives to restructure interest rates on consolidated obligation bonds, both callable and non-callable, to better meet its members’ funding needs, to reduce funding costs, and to manage risk in a changing market environment.
Converts, at the time of issuance, certain simple fixed-rate bullet and callable bonds into synthetic floating-rate bonds by the simultaneous execution of interest rate swaps that convert the cash flows of the fixed-rate bonds to conventional adjustable rate instruments tied to an index, typically 3-month LIBOR.
Uses derivatives to manage the risk arising from changing market prices and volatility of a fixed coupon bond by matching the cash flows of the bond to the cash flows of the derivative and making the FHLBNY indifferent to changes in market conditions. Except when issued to fund MBS and MPF loans, callable bonds are typically hedged by an offsetting derivative with a mirror-image call option and identical terms.

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Adjusts the reported carrying value of hedged consolidated bonds for changes in their fair value (“fair value basis adjustments” or “fair value”) that are attributable to the risk being hedged in accordance with hedge accounting rules. Amounts reported for consolidated obligation bonds in the Statements of Condition include fair value basis adjustments.
Lowers its funding cost by the issuance of a callable bond and the execution of an associated interest rate swap with mirrored call options, which results in funding at a lower cost than the FHLBNY would otherwise have achieved. The issuance of callable bonds and the simultaneous swapping with a derivative instrument depends on the price relationships in both the bond and the derivatives markets.

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The most significant element that impacts balance sheet reporting of debt is the recording of fair value basis and valuation adjustments. In addition, when callable bonds are hedged by cancellable swaps, the possibility of exercise of the call shortens the expected maturity of the bond. The impact of hedging debt on recorded interest expense is discussed in this MD&A under “Results of Operations”. Its impact as a risk management tool is discussed under Item 33. Quantitative and Qualitative Disclosures about Market Risk.
Fair value basis and valuation adjustments— The Bank uses interest rate derivatives to hedge the risk of changes in the benchmark rate, which the FHLBNY has adopted as LIBOR, and is also the discounting basis for computing changes in fair values of hedged advances.bonds. The Bank recorded net unrealized fair value basis losses of $0.8 billion and $1.3$0.6 billion as part of the carrying values of consolidated obligation bonds in the Statements of Condition at September 30, 2009March 31, 2010 and December 31, 2008. Under the derivatives and hedge accounting provisions, the reported carrying value of consolidated obligation bonds is adjusted for changes in their fair value basis attributable to the risk being hedged. 2009.
Carrying values of bonds designated under the fair value option are also adjusted for valuation adjustments to recognize changes in the full fair value of the bonds electedelected. At March 31, 2010 and December 31, 2009, the unrealized fair value basis recorded was a gain of $5.6 million and $4.3 million for bonds designated under the fair value option and measured under the accounting standards for fair value measurements and disclosures. These valuation adjustments were not material at September 30, 2009 or December 31, 2008.FVO.
Changes in fair value basis reflect changes in the term structure of interest rates, the shape of the yield curve at the measurement dates, the value and implied volatility of call options of callable bonds, and from the growth or decline in hedge volume.
Hedge volume— As of September 30, 2009March 31, 2010 and December 31, 2008,2009, the Bank had hedged $31.0 billion ($25.3 billion non-callable; $5.7 billion callable) and $22.0 billion ($20.0 billion non-callable; $2.0 billion callable) of fixed-rate consolidated bonds to hedgewith interest rate swaps. Notional amounts of swaps outstanding were $32.9 billion at March 31, 2010 ($24.9 billion non-callable; $8.0 billion callable), almost unchanged at December 31, 2009 ($26.1 billion non-callable; $6.8 billion callable). The swaps hedged the fair value risk from changes in the benchmark rate. Almost all callable bonds were hedged by cancellable swaps at September 30, 2009rate, and December 31, 2008. These hedges were in qualifying hedge relationships that qualified under the provisions of the accounting standards for derivatives and hedging, whichhedge accounting rules. These hedges effectively converted the fixed-rate exposure of the bonds to a variable-rate exposure, generally indexed to 3-month LIBOR. The Bank’s callable bonds contain a call option purchased by the Bank from the investor. Generally, the call option terms mirror the call option terms embedded in a cancellable swap. Under the terms of the call option, the Bank has the right to terminate the bond at agreed upon dates.dates, and the swap counterparty has the right to cancel the swap.
At September 30,March 31, 2010 and December 31, 2009, outstanding par value of consolidated obligation bonds elected under the fair value optionFVO was $2.4$6.8 billion compared to $983.0 million at December 31, 2008.and $6.0 billion. These bonds were also hedged by interest rate swaps in hedges designated as economic and discussed below.

 

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The following summarizes debt that were economically hedged by interest-rate swaps with matching terms at September 30, 2009:
Floating-rate debt Economic hedges At September 30, 2009, the FHLBNY had executed economic hedges of $9.6 billion of floating-rate bonds that were indexed to interest rates other than 3-month LIBOR by entering into swap agreements with derivative counterparties that synthetically converted the floating rate debt cash flows to 3-month LIBOR. The comparable floating-rate debt that was economically hedged at December 31, 2008 was $25.0 billion. Hedges deemed at inception as economic do not generate basis adjustments on the hedged instruments since their carrying values are not adjusted for fair value changes.
Fixed-rate debt — The Bank had economic hedges of $12.9 billion of short-term fixed-rate debt at September 30, 2009 compared to $4.5 billion at December 31, 2008. At inception of the hedges, the Bank did not believe that the hedges would be highly effective in offsetting fair value changes between the derivative and the bonds (hedged item), and the FHLBNY accounted for the derivatives as freestanding derivatives.(economic hedge). Unless designated as an FVO, economic hedges of debt do not generate basis adjustments for the hedged instruments since their carrying values are not adjusted for fair value changes. The carrying values of debt designated under the FVO are adjusted for changes in the full fair values of the debt, not just for changes in the benchmark rate.
Principal economic hedges are summarized below. At March 31, 2010 and December 31, 2009, outstanding notional amounts of swaps designated as economic hedges of consolidated obligation bonds were $26.4 billion and $27.1 billion.
Floating-rate debt— At March 31, 2010 and at December 31, 2009, the FHLBNY had hedged $6.1 billion and $8.0 billion of floating-rate bonds that were indexed to interest rates other than 3-month LIBOR by entering into swap agreements with derivative counterparties that synthetically converted the floating rate debt cash flows to 3-month LIBOR.
Fixed-rate debt— At March 31, 2010 and December 31, 2009, the FHLBNY had hedged $13.5 billion and $13.1 billion of short-term fixed-rate debt compared.
FVO economic hedge— At March 31, 2010 and December 31, 2009, the FHLBNY had hedged $6.8 billion and $6.0 billion of short-term bonds designated under the FVO.
Impact of changes in interest rate to the balance sheet carrying values of hedged bonds— The carrying amounts of consolidated obligationsobligation bonds included fair value basis losses of $0.8$0.6 billion at September 30, 2009, compared to fair value basis losses of $1.3 billion atMarch 31, 2010 and December 31, 2008.2009. Changes in fair value basis reflect changes in the term structure of interest rates, the shape of the yield curve at the two measurement dates, and the value and implied volatility of call options of callable bonds.
FairUnrealized fair value basis losses at September 30, 2009March 31, 2010 and December 31, 20082009 were consistent with the forward yield curves at those dates that were projecting forward rates below the fixed-rate coupons of bonds hedged under the derivatives and hedge accounting rulesqualifying bonds and bonds designated under the FVO. Most of the hedged bonds had been issued in prior periodsyears at the then prevailing higher interest-rate environment. Since such bonds are typically fixed-rate, in a declining interest rate environment fixed-rate bonds exhibit unrealized fair value basis losses, which were recorded underas part of the derivatives and hedge accounting rules. Unrealizedbalance sheet carrying values of the hedged debt. In the Statements of Income, such unrealized losses from fair value basis adjustments on hedged bonds were almost entirely offset by net fair value unrealized gains from derivatives associated with the hedged bonds, thereby achieving the Bank’s hedging objectives of mitigating fair value basis risk.
The net fair value basis adjustments of hedged consolidated obligation bonds inwas an unrealized loss positionof $0.6 billion at September 30,March 31, 2010 and were associated with $32.9 billion of hedged bonds that qualified under hedge accounting rules. The fair value basis amount was almost unchanged from December 31, 2009, declinedprimarily because the amount of hedged bond was almost unchanged at the two dates. The forward rates were relatively flat between those two dates. While short-term rates, as illustrated by the 3-month LIBOR rate inched up by about 4 basis points to 29.15 basis points at March 31, 2010, long-term rates moved just slightly down as the yield curve flattened at March 31, 2010 relative to December 31, 2008 primarily2009, as a resultillustrated by the yields of 2.56% and 3.28% on the steepening of the forward yield curve5-year and 7-year swap curves at September 30, 2009 relative to DecemberMarch 31, 2008. As an illustration, the yield of a 5-year swap curve was 2.32% at September 30, 20092010, compared to 1.55%2.68% and 3.38% at December 31, 2008.2009.

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Discount Notes
Consolidated obligation discount notes provide the FHLBNY with short-term and overnight funds. Discount notes have maturities of up to one year and are offered daily through a dealer-selling group; the notes are sold at a discount from their face amount and mature at par.
Through a sixteen-member selling group, the Office of Finance, acting on behalf of the twelve Federal Home Loan Banks, offers discount notes. In addition, the Office of Finance offers discount notes in four standard maturities in two auctions each week.
The FHLBNY usedtypically uses discount notes to fund short-term advances, longer-term advances with short repricing intervals, convertibleputable advances and money market investments.

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In March 2010, the SEC published its final rule on money market fund reform, and the rule specifically included FHLBank discount notes with remaining maturities of 60 days or less in its definition of weekly liquid assets. The rule, which will become fully effective mid-year 2010, should help maintain investor demand for shorter-term FHLBank discount notes as the rule also requires money market funds to purchase a greater percentage of first tier securities. On the other hand, the Federal Reserve Board’s “reverse repo” program is likely to reduce liquidity for fund managers who might demand higher yields from their short-term investments, including FHLBank issued discount notes.


The following summarizes discount notes issued and outstanding (dollars in thousands):
         
  September 30, 2009  December 31, 2008 
         
Par value $38,406,688  $46,431,347 
       
         
Amortized cost $38,385,244  $46,329,545 
Fair value basis adjustments     361 
       
         
Total $38,385,244  $46,329,906 
       
         
Weighted average interest rate  0.26%  1.00%
       
Table 25: Discount Notes Outstanding
         
  March 31, 2010  December 31, 2009 
         
Par value $19,821,867  $30,838,104 
       
         
Amortized cost $19,815,956  $30,827,639 
Fair value basis adjustments      
       
         
Total
 $19,815,956  $30,827,639 
       
         
Weighted average interest rate
  0.15%  0.15%
       
In the current year2010 first two quarters,quarter, the Bank had increasedshifted its holdings of termfunding mix between bonds and discount notes, mainly becausereducing its issuance of favorablediscount notes. The money-market sector, which had become a significant investor demand and pricing relative to term funding. In the current year third quarter,segment for FHLBank discount notes during much of the credit crisis, was seeking short-term investments that offered a higher rate of return. Discount note pricing was relatively less attractivehas been adversely impacted, and the spreads to LIBOR have narrowed, and as a funding vehicle given alternative funding options andtool, discount notes are no longer as attractive as they had been in 2009. With limited overnight investment choices to profitably fund using overnight discount notes, the Bank reduced its reliance on discount notes, particularlyhas curtailed the useissuance of overnight discount notes, partly as a resultnotes.
Because of all the Federal Reserve’s action to eliminate interest on excess reserves, partly as a resultfactors outlined above, issuance volume of tightening of spreads, and partly because the FHLBNY determined that term discount notes would better match it’s regulatory liquidity profile.declined. In the current year2010 first two quarters, the Bank issued $736.2 billion of discount notes; in contrast, in the third quarter, the Bank issued only $82.4$27.2 billion of discount notes. In contrast, in the same period in 2009, the Bank issued $190.1 billion.
Generally, discount notes are utilized in funding short-term advances, some long-term advances as well as held-to-maturity and money market investments. TheHowever, the efficiency of issuing discount notes continues to be anothera factor in its use as a popular funding vehicle as discount notes can be issued any time and in a variety of amounts and maturities in contrast to other short-term funding sources, such as the issuance of callable debt with an associated interest rate derivative with matching terms. The importance

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As of the instrument in day-to-day funding operations is illustrated by the very significant volume of the cash flows generated by discount note issuance. For the current year first three quarters, the Bank issued $814.6 billion in discount notes. In the same period, cash flows from the issuance of consolidated obligation bonds were $35.1 billion. Contrasting transaction volumes between bondsMarch 31, 2010 and December 31, 2009, no discount notes provides an indication that discount notes continued to be an important source of short-term funding.
As of September 30, 2009, there were no discount note hedgeshedged under the accounting standards for derivatives and hedging; at December 31, 2008, the Bank had hedged $779.0 million of discount notes to hedge fair value risk from changes in the benchmark rate in qualifying hedge relationships under the derivatives and hedge accounting rules.hedging. The Bank generally hedges discount notes in economic hedges to convert the fixed-rate exposure of the discount notes to a variable-rate exposure, generally indexed to 3-month LIBOR. At September 30, 2009March 31, 2010 and December 31, 2008,2009, the Bank had also had executed$1.7 billion and $3.8 billion of notional amounts of interest rate swaps outstanding that were designated as economic hedges of $7.5 billion and $7.5 billion of discount notes to mitigate fair value risk.risk due to changes in LIBOR.
Deposit Liabilities
Deposit liabilities comprised of member deposits and, from time-to-time, may also include unsecured overnight borrowings from other FHLBanks.
Member deposits— The FHLBNY operates deposit programs for the benefit of its members. Deposits are primarily short-term in nature with the majority maintained in demand accounts that reprice daily based upon rates prevailing in the overnight Federal funds market. Members’ liquidity preferences are the primary determinant of the level of deposits. Total deposits at September 30, 2009 were $2.3 billion including demand and term, up from $1.5 billion at December 31, 2008. Fluctuations in member deposits have little impact on the Bank and are not a significant source of liquidity for the Bank.
Borrowings from other FHLBanks— The Bank borrows from other FHLBanks, generally for a period of one day. There were no borrowings outstanding at September 30, 2009 or December 31, 2008.

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Stockholders’ Capital Capital Ratios, and Mandatorily Redeemable Capital Stock
Capital Resources — Stockholders’ Capital
The FHLBanks, including FHLBNY, have a unique cooperative structure. To access FHLBNY’s products and services, a financial institution must be approved for membership and purchase capital stock in FHLBNY. The member’s stock requirement is based on the amount of mortgage-related assets on the member’s balance sheet and its use of FHLBNY advances, as prescribed by the FHLBank Act, which reflects the value of having ready access to FHLBNY as a reliable source of low-cost funds. FHLBNY stock can be issued, exchanged, redeemed and repurchased only at its stated par value of $100 per share. The shares are not publicly traded.
At March 31, 2010 and December 31, 2009, total capital stock $100 par value, putable and issued and held by members was 48,276,000 shares compared to 50,590,000 shares. Members are required to purchase FHLBNY stock in proportion to the volume of advances borrowed. Decrease in capital stock is in line with the decrease in advances borrowed by members.
Stockholders’ Capital— Stockholders’ Capital comprised of capital stock, retained earnings and Accumulated other comprehensive income (loss), and decreased by $206.6$227.7 million to $5.7 billion at September 30, 2009March 31, 2010 from $5.9 billion at December 31, 2008.2009.
Capital stockCapital stock, par value $100, was $5.1$4.8 billion at September 30, 2009,March 31, 2010, down from $5.6$5.1 billion at December 31, 2008.2009. The decrease in capital stock was consistent with decreases in advances borrowed by members. Since members are required to purchase stock as a percentage of advances borrowed from the FHLBNY, a decline in advances will typically result in a decline in capital stock. In addition, under ourthe Bank’s present practice, stock in excess of the amount necessary to support advance activity is redeemed daily by the FHLBNY. Therefore, the amount of capital stock outstanding varies directly with members’ outstanding borrowings under the provisions requiring members to purchase stock to support borrowings and its practice of redeeming excess capital stock.
Retained earnings— Retained earnings rosedeclined to $666.2$671.5 million at September 30, 2009 compared to $382.9March 31, 2010 from $688.9 million at December 31, 2008.2009. Net income year-to-date September 30, 2009in the 2010 first quarter was $474.8$53.6 million, and $191.4$71.0 million in dividend payments were made to members. Net income year-to-date prior year was $214.0 million, and dividend payments were $250.1 million. For more information about the Bank’s retained earningearnings policy, refer to the section Retained Earnings and Dividend Policy in the Bank’s most recently Form 10-K filed on March 27, 2009.25, 2010.
Accumulated other comprehensive income (loss)— Accumulated other comprehensive income (loss) was a net loss of $147.6$123.5 million at September 30, 2009March 31, 2010, compared to a net loss of $101.2$144.5 million at December 31, 2008. These amounts comprised of: (1) Net unrealized fair value losses on available-for-sale securities of $16.1 million ($64.4 million at December 31, 2008); (2) Net unrealized losses from cash flow hedges of $24.5 million ($30.2 million at December 31, 2008), principally from terminated hedges of anticipated issuances of debt; these unrealized losses will be recorded as an expense over the terms of the hedged bonds as a yield adjustment2009. The principal components are summarized in Note 13 to the fixed coupons of the debt. Over the next 12 months it is expected that $7.1 million of net losses will be reclassified as a charge to earnings; (3) Minimum additional actuarially determined liabilities due on the Bank’s supplemental pension plans of $6.6 million at September 30, 2009 and December 31, 2008; and (4) Non-credit component of OTTI on credit impaired held-to-maturity mortgage-backed securities of a loss $100.5 million at September 30, 2009, net of accretion, and $0 at December 31, 2008.unaudited financial statements accompanying this report.

 

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Mandatorily redeemable capital stock —Redeemable Capital Stock
The FHLBNY’s capital stock is redeemable at the option of both the member and the FHLBNY subject to certain conditions. Such capital is considered to be mandatorily redeemable and a liability under the accounting guidance for certain financial instruments with characteristics of both liabilities and equity. Dividends related to capital stock classified as mandatorily redeemable are accrued at an estimated dividend rate and reported as interest expense in the Statements of Income. Redeemable capital stock is generally accounted in accordance with accounting standards for distinguishing liabilities from equity in case of certain financial instruments with characteristics of both liabilities and equity. Mandatorily redeemable capital stock at September 30, 2009March 31, 2010 and December 31, 20082009 represented stock held primarily by former members who were no longer members by virtue of being acquired by members of other FHLBanks. Under existing practice, such stock will be repaidrepurchased when the stock is no longer required to support outstanding transactions with the FHLBNY.
The FHLBNY reclassifies the stock subject to redemption from equity to liability once a member: irrevocably exercises a written redemption right; gives notice of intent to withdraw from membership; or attains non-member status by merger or acquisition, charter termination, or involuntary termination from membership.
Voluntary withdrawal from membership — No member had notified the FHLBNY at September 30, 2009 or atAt March 31, 2010 and December 31, 20082009, the amounts of their intention to voluntarily withdraw from membership. No member’s or non-member’s redemption request remained pendingmandatorily redeemable stock classified as a liability stood at September 30, 2009 or December 31, 2008.
Members$105.2 million and $126.3 million. One member was acquired by a non-member financial institution in the 2010 first quarter. There were no members acquired by non-members The Bank reclassifiesin the same period in 2009.
Under existing practice, capital stock held by non-members is repurchased at maturity of the advances borrowed by former members. In accordance with Finance Agency regulations, former members and non-members cannot renew their advance borrowings at maturity. Such capital is considered to be a liability onand mandatorily redeemable and subject to the dayprovisions under the member’s charter is dissolved.accounting guidance for certain financial instruments with characteristics of both liabilities and equity.
The following table provides rollforwardroll-forward information with respect to changes in mandatorily redeemable capital stock liabilities (in thousands):
                 
  Three months ended September 30,  Nine months ended September 30, 
  2009  2008  2009  2008 
 
Beginning balance
 $128,254  $169,302  $143,121  $238,596 
Capital stock subject to mandatory redemption reclassified from equity  434      434   64,759 
Redemption of mandatorily redeemable capital stock 1
  (806)  (25,804)  (15,673)  (159,857)
             
                 
Ending balance
 $127,882  $143,498  $127,882  $143,498 
             
                 
Accrued interest payable $1,807  $2,513  $1,807  $2,513 
             
Table 26: Roll-Forward Mandatorily Redeemable Capital Stock
         
  Three months ended March 31, 
  2010  2009 
         
Beginning balance
 $126,294  $143,121 
Capital stock subject to mandatory redemption reclassified from equity  1,410    
Redemption of mandatorily redeemable capital stock1
  (22,512)  (3,160)
       
         
Ending balance
 $105,192  $139,961 
       
         
Accrued interest payable
 $1,495  $1,058 
       
   
1 Redemption includes repayment of excess stock.
(The (The annualized rate accrual is at 5.6%rates were 5.60% for September 30, 2009March 31, 2010 and 6.50%3.00% for September 30, 2008)March 31, 2009.)
In the current year first two quarters no amount of mandatorily redeemable stock were classified as a liability as no member was acquired by a non-member. In the third quarter, one member was acquired by a non-member and $0.4 million of stock was reclassified to a liability. In the prior year first three quarters four members were acquired by non-members and $64.8 million of capital was reclassified from capital to a liability.
Capital stock held by non-members will be repaid at maturity of the advances borrowed by non-members. In accordance with Finance Agency regulations, non-members cannot renew their advance borrowings at maturity. Such capital is considered mandatorily redeemable in accordance with accounting standards for distinguishing liabilities from equity in case of certain financial instruments with characteristics of both liabilities and equity.

 

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Under the provisions of the Bank’s Capital Plan, a notice of intent to withdraw from membership must be provided to the FHLBNY five years prior to the withdrawal date. At the end of such a five-year period, the FHLBNY will redeem the capital stock unless it is needed to meet any applicable minimum stock investment requirements. Under current practice, the FHLBNY redeems all stock in excess of that required to support outstanding advances. The practice of redeeming excess capital stock also applies to the redemption of mandatorily redeemable stock held by former members in excess of amounts required to support advances outstanding to the former members. Typically, mandatorily redeemable capital stock would remain outstanding as a liability until the stock is no longer required to support outstanding advances to the former member, which is generally at maturity of the advance.
Derivative Instruments and Hedging Activities
Interest rate swaps, swaptions, and cap and floor agreements (collectively, derivatives) enable the FHLBNY to manage its exposure to changes in interest rates by adjusting the effective maturity, repricing frequency, or option characteristics of financial instruments. The FHLBNY, to a limited extent, also uses interest rate swaps to hedge changes in interest rates prior to debt issuance and essentially lock-inlock in the FHLBNY’s funding cost.
Finance Agency regulations prohibit the speculative use of derivatives. The FHLBNY does not take speculative positions with derivatives or any other financial instruments, or trade derivatives for short-term profits. The FHLBNY does not have any special purpose entities or any other types of off-balance sheet conduits. The FHLBNY established several small grantor trusts related to employee benefits programs.
The notional amounts of derivatives are not recorded as assets or liabilities in the Statements of Condition, rather the fair values of all derivatives are recorded as either a Derivativederivative asset or a Derivativederivative liability. Although notional principal is a commonly used measure of volume in the derivatives market, it is not a meaningful measure of market or credit risk since the notional amount does not change hands (other than in the case of currency swaps, of which the FHLBNY has none).
All derivatives are recorded on the Statements of Condition at their estimated fair valuevalues and designated as either fair value or cash flow hedges for qualifying hedges, or as non-qualifying hedges (economic hedges or customer intermediations) under the accounting standards for derivatives and hedge accounting rules.hedging. In an economic hedge, the Bank retains or executes derivative contracts, which are economically effective in reducing risk,risk. Such derivatives are designated as economic hedges either because a qualifying hedge wasis not available, or the hedge was not abledifficulty to demonstrate that itthe hedge would be highly effective on an ongoing basis as a qualifying hedge, or the cost of a qualifying hedge wasis not economical. Changes in the fair value of a derivative are recorded in current period earnings for a fair value hedge, or in AOCI for the effective portion of fair value changes of a cash flow hedge.
Interest income and interest expense from interest rate swaps used for hedging are reported together with interest on the instrument being hedged. Any changes inhedged if the fair value of a derivativeswap qualifies for hedge accounting. If the swap is designated as an economic hedge, interest accruals are recorded in current period earnings or in Accumulated other comprehensiveOther income (loss), depending as a Net realized and unrealized gain (loss) on the hedge designation.derivatives and hedging activities.
The FHLBNY uses derivatives in three ways: (1) as a fair value or cash flow hedgeshedge of an underlying financial instrument or as a cash flow hedge of a forecasted transaction; (2) as intermediation hedges to offset derivative positions (e.g., caps) sold to members; and (3) as an economic hedges,hedge, defined as a non-qualifying hedge of an asset or liability and used as an asset/liability management tool. The FHLBNY uses derivatives to adjust the interest rate sensitivity of consolidated obligations and advances to more closely approximate the sensitivity of assets or to adjust the interest rate sensitivity of advances to more closely approximate the sensitivity of liabilities. In addition, the FHLBNY uses derivatives to: offset embedded options in assets and liabilities;liabilities to hedge the market value of existing assets, liabilities, and anticipated transactions; or to reduce funding costs. For additional information see Note 1516 — Derivatives and Hedging activities.hedging activities to the financial statements accompanying this report.

 

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The following table summarizes the principal derivatives hedging strategies (millions):as of March 31, 2010 and December 31, 2009:
             
      September 30, 2009  December 31, 2008 
Derivatives/Terms Hedging Strategy Accounting Designation Notional Amount  Notional Amount 
Pay fixed, receive floating interest rate swap To convert fixed rate on a fixed rate advance to a LIBOR floating rate Economic Hedge of fair value risk $142  $618 
Pay fixed, receive floating interest rate swap cancelable by counterparty To convert fixed rate on a fixed rate advance to a LIBOR floating rate putable advance Fair Value Hedge $40,590  $41,824 
Pay fixed, receive floating interest rate swap no longer cancelable by counterparty To convert fixed rate on a fixed rate advance to a LIBOR floating rate no-longer putable Fair Value Hedge $2,329  $1,405 
Pay fixed, receive floating interest rate swap non-cancelable To convert fixed rate on a fixed rate advance to a LIBOR floating rate non-putable Fair Value Hedge $23,407  $18,444 
Purchased interest rate cap To offset the cap embedded in the variable rate advance Economic Hedge of fair value risk $390  $465 
Receive fixed, pay floating interest rate swap To convert fixed rate consolidated obligation bond debt to a LIBOR floating rate Economic Hedge of fair value risk $12,948  $4,515 
Receive fixed, pay floating interest rate swap cancelable by counterparty To convert fixed rate consolidated obligation bond debt to a LIBOR floating rate callable bond Fair Value Hedge $5,758  $2,148 
Receive fixed, pay floating interest rate swap no longer cancelable To convert fixed rate consolidated obligation bond debt to a LIBOR floating rate no-longer callable Fair Value Hedge $448  $373 
Receive fixed, pay floating interest rate swap non-cancelable To convert fixed rate consolidated obligation bond debt to a LIBOR floating rate non-callable Fair Value Hedge $24,887  $19,609 
Receive fixed, pay floating interest rate swap (non-callable) To convert the fixed rate consolidated obligation discount note debt to a LIBOR floating rate. Fair Value Hedge $  $779 
Receive fixed, pay floating interest rate swap (non-callable) To convert the fixed rate consolidated obligation discount note debt to a LIBOR floating rate. Economic Hedge of fair value risk $7,526  $7,509 
Basis swap To convert non-LIBOR index to LIBOR to reduce interest rate sensitivity and repricing gaps. Economic Hedge of cash flows $3,785  $14,360 
Basis swap To convert 1M LIBOR index to 3M LIBOR to reduce interest rate sensitivity and repricing gaps. Economic Hedge of cash flows $5,840  $10,590 
Receive fixed, pay floating interest rate swap no longer cancelable Fixed rate callable bond converted to a LIBOR floating rate; matched to callable bond accounted for under fair value option. Fair Value Option $  $400 
Receive fixed, pay floating interest rate swap with an option to call at the swap counterparty’s option Fixed rate callable bond converted to a LIBOR floating rate; matched to callable bond accounted for under fair value option. Fair Value Option $2,385  $583 
Pay fixed, receive floating interest rate swap Economic hedge on the Balance Sheet Economic Hedge $1,050  $1,050 
Receive fixed, pay floating interest rate swap Economic hedge on the Balance Sheet Economic Hedge $1,050  $1,050 
Purchased interest rate cap Economic hedge on the Balance Sheet Economic Hedge $1,892  $1,892 
Intermediary positions Interest rate swaps and caps To offset interest rate swaps and caps executed with members by executing offsetting derivatives with counterparties Economic Hedge of fair value risk $280  $300 
Table 27: Derivative Hedging Strategies
             
          December 31, 2009 
      March 31, 2010 Notional  Notional Amount 
Derivatives/Terms Hedging Strategy Accounting Designation Amount (in millions)  (in millions) 
Pay fixed, receive floating interest rate swap To convert fixed rate on a fixed rate advance to a LIBOR floating rate Economic Hedge of fair value risk $107  $123 
Pay fixed, receive floating interest rate swap cancelable by counterparty To convert fixed rate on a fixed rate advance to a LIBOR floating rate putable advance Fair Value Hedge $37,361  $40,252 
Pay fixed, receive floating interest rate swap no longer cancelable by counterparty To convert fixed rate on a fixed rate advance to a LIBOR floating rate no-longer putable Fair Value Hedge $2,533  $2,283 
Pay fixed, receive floating interest rate swap non-cancelable To convert fixed rate on a fixed rate advance to a LIBOR floating rate non-putable Fair Value Hedge $23,387  $23,367 
Purchased interest rate cap To offset the cap embedded in the variable rate advance Economic Hedge of fair value risk $278  $390 
Receive fixed, pay floating interest rate swap To convert fixed rate consolidated obligation bond debt to a LIBOR floating rate Economic Hedge of fair value risk $13,483  $13,113 
Receive fixed, pay floating interest rate swap cancelable by counterparty To convert fixed rate consolidated obligation bond debt to a LIBOR floating rate callable bond Fair Value Hedge $7,996  $6,785 
Receive fixed, pay floating interest rate swap no longer cancelable To convert fixed rate consolidated obligation bond debt to a LIBOR floating rate no-longer callable Fair Value Hedge $290  $108 
Receive fixed, pay floating interest rate swap non-cancelable To convert fixed rate consolidated obligation bond debt to a LIBOR floating rate non-callable Fair Value Hedge $24,554  $25,982 
Receive fixed, pay floating interest rate swap (non-callable) To convert the fixed rate consolidated obligation discount note debt to a LIBOR floating rate Economic Hedge of fair value risk $1,664  $3,784 
Pay fixed, receive LIBOR interest rate swap To offset the variability of cash flows associated with interest payments on forecasted issuance of fixed rate consolidated obligation debt Cash flow hedge $150  $ 
Basis swap To convert non-LIBOR index to LIBOR to reduce interest rate sensitivity and repricing gaps Economic Hedge of cash flows $4,625  $6,035 
Basis swap To convert 1M LIBOR index to 3M LIBOR to reduce interest rate sensitivity and repricing gaps Economic Hedge of cash flows $1,450  $1,950 
Receive fixed, pay floating interest rate swap cancelable by counterparty Fixed rate callable bond converted to a LIBOR floating rate; matched to callable bond accounted for under fair value option Fair Value Option $6,425  $5,690 
Receive fixed, pay floating interest rate swap non-cancelable Fixed rate callable bond converted to a LIBOR floating rate; matched to non-callable bond accounted for under fair value option Fair Value Option $350  $350 
Pay fixed, receive floating interest rate swap Economic hedge on the Balance Sheet Economic Hedge $  $1,050 
Receive fixed, pay floating interest rate swap Economic hedge on the Balance Sheet Economic Hedge $  $1,050 
Purchased interest rate cap Economic hedge on the Balance Sheet Economic Hedge $1,892  $1,892 
Intermediary positions Interest rate swaps and caps To offset interest rate swaps and caps executed with members by executing offsetting derivatives with counterparties Economic Hedge of fair value risk $330  $320 
The accounting designation “economic” hedges represented derivative transactions under hedge strategies that do not qualify for hedge accounting but are an approved risk management hedge.

 

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DerivativeDerivatives Financial Instruments by hedge designation
The following table summarizes the notional amounts and estimated fair values of derivative financial instruments (excluding accrued interest) by hedge designation.
The table also provides a reconciliation of fair value basis gains and (losses) of derivatives to the Statements of Condition (in thousands):
                 
  September 30, 2009  December 31, 2008 
      Estimated      Estimated 
  Notional  Fair Value  Notional  Fair Value 
Interest rate swaps
                
Derivatives in fair value hedging relationships $97,418,662  $(3,547,978) $84,582,796  $(4,531,004)
             
Total derivatives designated as hedging instruments $97,418,662  $(3,547,978) $84,582,796  $(4,531,004)
             
Derivatives not designated as hedging instruments  32,341,126   50,183   39,691,142   (76,412)
Derivatives designated under fair value option  2,385,000   1,874   983,000   7,699 
Interest rate caps/floors
                
Economic-fair value changes  2,282,000   58,777   2,357,000   8,174 
Mortgage delivery commitments (MPF)
                
Economic-fair value changes  11,843   35   10,395   (108)
Other
                
Intermediation  280,000   295   300,000   484 
             
Total
 $134,718,631  $(3,436,814) $127,924,333  $(4,591,167)
             
                 
Total derivatives, excluding accrued interest     $(3,436,814)     $(4,591,167)
Cash collateral pledged to counteparties      2,534,261       3,836,370 
Cash collateral received from counterparties             (61,209)
Accrued interest      39,901       (25,418)
               
                 
Net derivative balance
     $(862,652)     $(841,424)
               
                 
Net derivative asset balance     $9,092      $20,236 
Net derivative liability balance      (871,744)      (861,660)
               
                 
Net derivative balance
     $(862,652)     $(841,424)
               
Table 28: Derivatives Financial Instruments by Hedge Designation
                 
  March 31, 2010  December 31, 2009 
      Estimated      Estimated 
  Notional  Fair Value  Notional  Fair Value 
Interest rate swaps
                
Derivatives in fair value hedging relationships $96,121,663  $(3,159,736) $98,776,447  $(3,056,718)
Derivatives in cash flow hedging relationships  150,000   324       
Derivatives not designated as hedging instruments  21,328,821   21,284   27,104,963   31,723 
Derivatives matching bonds designated under FVO  6,775,000   4,006   6,040,000   (2,632)
Interest rate caps/floors
                
Economic-fair value changes  2,170,000   41,067   2,282,000   71,494 
Mortgage delivery commitments (MPF)
                
Economic-fair value changes  3,249   9   4,210   (39)
Other
                
Intermediation  330,000   349   320,000   352 
             
                 
Total
 $126,878,733  $(3,092,697) $134,527,620  $(2,955,820)
             
                 
Total derivatives, excluding accrued interest     $(3,092,697)     $(2,955,820)
Cash collateral pledged to counterparties      2,233,154       2,237,028 
Cash collateral received from counterparties              
Accrued interest      17,878       (19,104)
               
                 
Net derivative balance
     $(841,665)     $(737,896)
               
                 
Net derivative asset balance     $9,246      $8,280 
Net derivative liability balance      (850,911)      (746,176)
               
                 
Net derivative balance
     $(841,665)     $(737,896)
               

 

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Derivative Financial Instruments by Product
The following table summarizes the notional amounts and estimated fair values of derivative financial instruments (excluding accrued interest) by product and type of accounting treatment. The categories of “Fair value,” “Commitment,” and “Cash flow” hedges represented derivative transactions accounted for as hedges. The category of “Economic” hedges represented derivative transactions under hedge strategies that did not qualify for hedge accounting treatment under the derivatives and hedge accounting rules but were an approved risk management strategy.
The table also provides a reconciliation of fair value basis gains and (losses) of derivatives to the Statements of Condition (in thousands):
                 
  September 30, 2009  December 31, 2008 
      Total estimated      Total estimated 
      fair value      fair value 
      (excluding      (excluding 
  Total notional  accrued  Total notional  accrued 
  amount  interest)  amount  interest) 
Derivatives designated as hedging instruments
                
Advances-fair value hedges $66,325,882  $(4,354,109) $61,673,607  $(5,758,653)
Consolidated obligations-fair value hedges  31,092,780   806,131   22,909,189   1,227,649 
Derivatives not designated as hedging instruments
                
Advances-economic hedges  531,729   (968)  1,082,700   (24,520)
Consolidated obligations-economic hedges  30,099,397   56,439   36,973,442   (45,884)
MPF loan-commitments  11,843   35   10,395   (108)
Balance sheet  1,892,000   58,777   1,892,000   8,164 
Intermediary positions-economic hedges  280,000   295   300,000   484 
Balance sheet — Macro hedges swaps  2,100,000   (5,288)  2,100,000   (5,998)
Derivatives designated under fair value option
                
Interest rate swaps-consolidated obligations-bonds  2,385,000   1,874   983,000   7,699 
             
                 
Total notional and fair value
 $134,718,631  $(3,436,814) $127,924,333  $(4,591,167)
             
                 
Total derivatives, excluding accrued interest     $(3,436,814)     $(4,591,167)
Cash collateral pledged to counterparties      2,534,261       3,836,370 
Cash collateral received from counterparties             (61,209)
Accrued interest      39,901       (25,418)
               
                 
Net derivative balance
     $(862,652)     $(841,424)
               
                 
Net derivative asset balance     $9,092      $20,236 
Net derivative liability balance      (871,744)      (861,660)
               
                 
Net derivative balance
     $(862,652)     $(841,424)
               
Table 29: Derivative Financial Instruments by Product
                 
  March 31, 2010  December 31, 2009 
      Total estimated      Total estimated 
      fair value      fair value 
      (excluding      (excluding 
  Total notional  accrued  Total notional  accrued 
  amount  interest)  amount  interest) 
Derivatives designated as hedging instruments
                
Advances-fair value hedges $63,281,383  $(3,774,203) $65,901,667  $(3,622,141)
Consolidated obligations-fair value hedges  32,840,280   614,467   32,874,780   565,423 
Cash Flow-anticipated transactions  150,000   324       
Derivatives not designated as hedging instruments
                
Advances-economic hedges  385,308   (960)  513,089   (196)
Consolidated obligations-economic hedges  21,221,513   22,244   24,881,874   36,954 
MPF loan-commitments  3,249   9   4,210   (39)
Balance sheet  1,892,000   41,067   1,892,000   71,494 
Intermediary positions-economic hedges  330,000   349   320,000   352 
Balance sheet-macro hedges swaps        2,100,000   (5,035)
Derivatives matching bonds designated under FVO
                
Interest rate swaps-consolidated obligations-bonds  6,775,000   4,006   6,040,000   (2,632)
             
                 
Total notional and fair value
 $126,878,733  $(3,092,697) $134,527,620  $(2,955,820)
             
                 
Total derivatives, excluding accrued interest     $(3,092,697)     $(2,955,820)
Cash collateral pledged to counterparties      2,233,154       2,237,028 
Cash collateral received from counterparties              
Accrued interest      17,878       (19,104)
               
                 
Net derivative balance
     $(841,665)     $(737,896)
               
                 
Net derivative asset balance     $9,246      $8,280 
Net derivative liability balance      (850,911)      (746,176)
               
                 
Net derivative balance
     $(841,665)     $(737,896)
               

 

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Asset Quality and Concentration — Advances, Investment securities, Mortgage loans, and Counterparty risks
The FHLBNY incurs credit risk — the risk of loss due to default — in its lending, investing, and hedging activities. It has instituted processes to help manage and mitigate this risk. Despite such processes, some amount of credit risk will always exist. External events, such as severe economic downturns, declining real estate values (both residential and non-residential), changes in monetary policy, adverse events in the capital markets, and other developments, could lead to member or counterparty default or impact the creditworthiness of investments. Such events would have a negative impact upon the FHLBNY’s income and financial performance.
The Bank faced an event of default in 2008 with the bankruptcy of one of its derivative counterparties. On September 15, 2008, Lehman Brothers Holdings, Inc. (“LBHI”), the parent company of Lehman Brothers Special Financing Inc. (“LBSF”) and a guarantor of LBSF’s obligations filed for protection under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court in the Southern District of New York. LBSF was a counterparty to FHLBNY on multiple derivative transactions with a total notional amount of $16.5 billion at the time of termination of the Bank’s derivative transactions with LBSF. The FHLBNY had deposited $509.6 million with LBSF in cash as collateral. The LBSF default was unforeseen and despite the Bank’s risk management practices and policies — selection of counterparties with strong reputation, collateral requirements and credit monitoring, and other processes, the default caused the Bank to reserve $64.5 million as a charge to income in the third quarter of 2008 as the bankruptcy of LBHI and LBSF made the timing and the amount of the recovery uncertain.
The following table sets forth five-yearfive year history of the FHLBNY’s advances and mortgage loan portfolios as of September 30, 2009March 31, 2010 and December 31, for the years ended 2004 through 20082009 (in thousands):
                         
  September 30,  December 31, 
  2009  2008  2007  2006  2005  2004 
 
Advances $95,944,732  $109,152,876  $82,089,667  $59,012,394  $61,901,534  $68,507,487 
                   
Mortgage loans before allowance for credit losses $1,339,586  $1,459,291  $1,492,261  $1,484,012  $1,467,525  $1,178,590 
                   
Table 30: Advances and Mortgage Loan Portfolios
                         
  March 31,  December 31, 
  2010  2009  2008  2007  2006  2005 
                         
Advances $88,858,753  $94,348,751  $109,152,876  $82,089,667  $59,012,394  $61,901,534 
                   
Mortgage loans before allowance for credit losses $1,292,949  $1,322,045  $1,459,291  $1,492,261  $1,484,012  $1,467,525 
                   
Advances
The FHLBNY closely monitors the creditworthiness of the institutions to which it lends. The FHLBNY also closely monitors the quality and value of the assets that are pledged as collateral by its members. The FHLBNY periodically assesses the mortgage underwriting and documentation standards of its borrowing members. In addition, the FHLBNY has collateral policies and restricted lending procedures in place to manage its exposure to those members experiencing difficulty in meeting their capital requirements or other standards of creditworthiness.
The FHLBNY has not experienced any losses on creditadvances extended to any member since its inception. The FHLBank Act affords any security interest granted to the FHLBNY by a member, or any affiliate of such member, priority over the claims and rights of any party (including any receiver, conservator, trustee, or similar party) having the rights of a lien creditor. However, the FHLBNY’s security interest is not entitled to priority over claims and rights that (1) would be entitled to priority under applicable law, or (2) are held by a bona fide purchaser for value or by parties that are secured by actual perfected security interests.

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The FHLBNY’s members are required to pledge collateral to secure advances. Eligible collateral includes: (1) one-to-four-family and multi-family mortgages; (2) U.S. Treasury and government-agency securities; (3) mortgage-backed securities; and (4) certain other collateral which is real estate-related and has a readily ascertainable value, and in which the FHLBNY can perfect a security interest. The FHLBNY has the right to take such steps, as it deems necessary, to protect its secured position on outstanding advances, including requiring additional collateral (whether or not such additional collateral would otherwise be eligible to secure a loan). The FHLBNY also has a statutory lien under the FHLBank Act on the capital stock of its members, which serves as further collateral for members’ indebtedness to the FHLBNY.

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The FHLBNY has established asset classification and reserve policies. All adversely classified assets of the FHLBNY will have a reserve established for probable losses. Based upon the collateral held as security and prior repayment histories, no allowance for losses on advances is currently deemed necessary by management.
The FHLBNY uses methodologies to identify and measure credit risk arising from: creditworthiness risk arising from members, counterparties, and other entities; collateral risk arising from type, quality, and lien status; and concentration risk arising from borrower, portfolio, geographic area, industry, or product type.
Creditworthiness Risk — Advances
The FHLBNY’s potential exposure to creditworthiness risk arises from the deterioration of the financial health of FHLBNY members. The FHLBNY manages its exposure to the creditworthiness of members by monitoring their collateral and advance levels daily and by analyzing their financial health each quarter.
Collateral Risk — Advances
The FHLBNY is exposed to collateral risk if it is unable to perfect its interest in pledged collateral, or when the liquidation value of pledged collateral does not fully cover the FHLBNY’s exposure. The FHLBNY manages this risk by pricing collateral on a weekly basis, performing on-site reviews of pledged mortgage collateral from time to time, and reviewing pledged portfolio concentrations on a quarterly basis. The FHLBNY requires that members pledge a specific amount of excess collateral above the par amount of their outstanding obligations. Members provide the FHLBNY with reports of pledged collateral and the FHLBNY evaluates the eligibility and value of the pledged collateral.
The FHLBNY’s loan and collateral agreements give the FHLBNY a security interest in assets held by borrowers that is sufficient to cover their obligations to the FHLBNY. The FHLBNY may supplement this security interest by imposing additional reporting, segregation or delivery requirements on the borrower. The FHLBNY assigns specific collateral requirements to a borrower, based on a number of factors. These include, but are not limited to: (1) the borrower’s overall financial condition; (2) the degree of complexity involved in the pledging, verifying, and reporting of collateral between the borrower and the FHLBNY, especially when third-party pledges, custodians, outside service providers and pledges to other entities are involved; and (3) the type of collateral pledged.
The FHLBNY has also established collateral maintenance levels for borrower collateral that are intended to help ensure that the FHLBNY has sufficient collateral to cover credit extensions and reasonable expenses arising from potential collateral liquidation and other unknown factors. Collateral maintenance levels are designated by collateral type and are periodically adjusted to reflect current market and business conditions. Maintenance levels for individual borrowers may also be adjusted, based on the overall financial condition of the borrower or another, third-party entity involved in the collateral relationship with the FHLBNY. Borrowers are required to maintain an amount of eligible collateral with a liquidation value at least equal to the borrower’s current collateral maintenance level. All borrowers that pledge mortgage loans as collateral are also required to provide, on a monthly or quarterly basis, a detailed listing of mortgage loans pledged. The FHLBNY uses this detailed reporting to monitor and track payment performance of the collateral and to assess the risk profile of the pledged collateral based on mortgage characteristics, geographic concentrations and other pertinent risk factors.

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Drawing on current industry standards, the FHLBNY establishes collateral valuation methodologies for each collateral type and calculates the estimated liquidation value of the pledged collateral to determine whether a borrower has satisfied its collateral maintenance requirement. The FHLBNY evaluates liquidation values on a weekly basis.

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The FHLBNY makes on-site review of borrowers in connection with the evaluation of the borrowers’ pledged mortgage collateral. This review involves a qualitative assessment of risk factors that includes an examination of legal documentation, credit underwriting, and loan-servicing practices on mortgage collateral. The FHLBNY has developed the on-site review process to more accurately value each borrower’s pledged mortgage portfolio based on current secondary-market standards. The results of the review may lead to adjustments in the estimated liquidation value of pledged collateral. The FHLBNY may also make additional market value adjustments to a borrower’s pledged mortgage collateral based on the quality and accuracy of the automated data provided to the FHLBNY. See Tables 31-33 for more information.
Credit Risk and Concentration Risk — Advances
While the FHLBNY has never experienced a credit loss on an advance, the expanded eligible collateral for Community Financial Institutions and non-member housing associates permitted, but not required, by the Finance Agency provides the potential for additional credit risk for the FHLBNY. It is the FHLBNY’s current policy not to accept “expanded” eligible collateral from Community Financial Institutions. The management of the FHLBNY has the policies and procedures in place to appropriately manage credit risk associated with the advance business. In extending credit to a member, the FHLBNY adheres to specific credit policy limits approved by its Board of Directors. The FHLBNY has not established limits for the concentrations of specific types of advances, but management reports the activity in advances to the Board each month. Each quarter, management reports the concentrations of convertibleputable advances made to individual members. There were no past due advances and all advances were current at September 30, 2009 andMarch 31, 2010 or December 31, 2008.2009. Management does not anticipate any credit losses, and accordingly, the FHLBNY has not provided an allowance for credit losses on advances. The FHLBNY’s potential credit risk from advances is concentrated in commercial banks, savings institutions and insurance companies. At September 30, 2009March 31, 2010 and December 31, 2008,2009, the Bank had advances of $48.7$57.7 billion and $52.2$59.5 billion outstanding to fiveten member institutions, representing 53.2%67.8% and 50.4%65.6% of total advances outstanding, and sufficient collateral was held to cover the advances to these institutions.
Collateral Coverage of Advances
The FHLBNY lends to financial institutions involved in housing finance within its district. In addition, the FHLBNY is permitted, but not required, to accept collateral in the form of small business or agricultural loans (“expanded collateral”) from Community Financial Institutions (“CFIs”). Borrowing members pledge their capital stock of the FHLBNY as additional collateral for advances. All member obligations with the FHLBNY must be fully collateralized throughout their entire term.
As of March 31, 2010 and December 31, 2009, the FHLBNY had rights to collateral with an estimated value greater than outstanding advances. Based upon the financial condition of the member, the FHLBNY:
Allows a member to retain possession of the collateral assigned to the FHLBNY, if the member executes a written security agreement and agrees to hold such collateral for the benefit of the FHLBNY; or
Requires the member specifically to assign or place physical possession of such collateral with the FHLBNY or its safekeeping agent.

 

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The following table summarizes pledged collateral in support of advances at March 31, 2010 and December 31, 2009 (in thousands):
Table 31: Collateral Supporting Advances to Members
                 
      Underlying Collateral for Advances 
          Securities and    
  Advances1  Mortgage Loans2  Deposits2  Total2 
March 31, 2010
 $85,095,176  $113,332,385  $45,498,603  $158,830,988 
                 
December 31, 2009
 $90,737,700  $111,346,235  $49,564,456  $160,910,691 
Note1Par value
Note2Estimate market value
The level of over-collateralization is on an aggregate basis and may not necessarily be indicative of a similar level of over-collateralization on an individual transaction basis. At a minimum, each member pledged sufficient collateral to adequately secure the member’s outstanding obligation with the FHLBNY. In addition, most members maintain an excess amount of pledged collateral with the FHLBNY to secure future liquidity needs.
The following table summarizes pledged collateral in support of other member obligations (other than advances) at March 31, 2010 and December 31, 2009 (in thousands):
Table 32: Collateral Supporting Member Obligations Other Than Advances
                 
      Underlying Collateral for Other Obligations 
  Other      Securities and    
  Obligations1  Mortgage Loans2  Deposits2  Total 2 
March 31, 2010
 $828,455  $2,356,438  $228,683  $2,585,121 
                 
December 31, 2009
 $720,622  $2,257,204  $126,970  $2,384,174 
Note1Standby financial letters of credit, derivatives and members’ credit enhancement guarantee amount (“MPFCE”)
Note2Estimated market value
The outstanding member obligations consisted principally of standby letters of credit, and a small amount of collateralized value of outstanding derivatives, and members’ credit enhancement guarantee amount (“MPFCE”) on loans sold to the FHLBNY through the Mortgage Partnership Finance program. The FHLBNY’s underwriting and collateral requirements for securing Letters of Credit are the same as its requirements for securing advances.

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The following table shows the breakdown of collateral pledged by members between those that were specifically listed and those in the physical possession or that of its safekeeping agent (in thousands):
Table 33: Location of Collateral Held
                 
  Estimated Market Values 
  Collateral in  Collateral       
  Physical  Specifically  Collateral  Total Collateral 
  Possession  Listed  Pledged for AHP  Received 
March 31, 2010
 $53,776,322  $107,716,374  $(76,587) $161,416,109 
                 
December 31, 2009
 $57,660,864  $105,714,763  $(80,762) $163,294,865 
The total of collateral pledged to the FHLBNY includes excess collateral pledged above the FHLBNY’s minimum collateral requirements. These minimum requirements range from 103% to 125% of outstanding advances, based on the collateral type. It is common for members to maintain excess collateral positions with the FHLBNY for future liquidity needs. Based on several factors (e.g. advance type, collateral type or member financial condition) members are required to comply with specified collateral requirements, including but not limited to, a detailed listing of pledged mortgage collateral and/or delivery of pledged collateral to FHLBNY or its designated collateral custodian(s). For example, all pledged securities collateral must be delivered to the FHLBNY’s nominee name at Citibank, N.A., the FHLBNY’s securities safekeeping custodian. Mortgage collateral that is required to be in the FHLBNY’s possession is typically delivered to the FHLBNY’s Jersey City, N.J. facility. However, in certain instances, delivery to an FHLBNY approved custodian may be allowed.

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Table 34: Concentration analysis — Top FiveTen Advance Holders
The following table summarizes the top fiveten advance holders (dollars in thousands):
Top five advance holders at September 30, 2009
                                        
 September 30, 2009  March 31, 2010 
 Percentage of    Percentage of   
 Par Total Par Value Interest Income  Par Total Par Value   
 City State Advances of Advances Three months Nine months  City State Advances of Advances Interest Income 
                
Hudson City Savings Bank 1
 Paramus NJ $17,325,000  18.9% $178,896 $532,100 
Hudson City Savings Bank, FSB* Paramus NJ $17,275,000   20.3% $174,759 
Metropolitan Life Insurance Company New York NY 14,280,000 15.6 84,277 279,360  New York NY  13,555,000   15.9   72,407 
New York Community Bank 1
 Westbury NY 8,148,476 8.9 78,413 233,129 
New York Community Bank* Westbury NY  7,343,172   8.6   75,913 
Manufacturers and Traders Trust Company Buffalo NY 5,493,756 6.0 19,133 83,856  Buffalo NY  4,755,523   5.6   11,754 
The Prudential Life Insurance Company of America Newark NJ 3,500,000 3.8 22,448 71,473 
         
The Prudential Insurance Company of America Newark NJ  3,500,000   4.1   21,577 
Astoria Federal Savings and Loan Assn. Lake Success NY  2,984,000   3.5   28,487 
Valley National Bank Wayne NJ  2,271,500   2.7   24,716 
Doral Bank San Juan PR  2,119,420   2.5   19,258 
New York Life Insurance Company New York NY  2,000,000   2.4   3,075 
MetLife Bank, N.A. Bridgewater NJ  1,894,500   2.2   11,693 
              
Total
 $48,747,232  53.2% $383,167 $1,199,918      $57,698,115   67.8% $443,639 
                      
   
1* Officer of member bank also serves on the Board of Directors of the FHLBNY.
Top five advance holders at September 30, 2008
                         
  September 30, 2008 
              Percentage of    
          Par  Total Par Value  Interest Income 
  City  State  Advances  of Advances  Three months  Nine months 
 
Hudson City Savings Bank 1
 Paramus NJ $16,775,000   16.5% $174,289  $494,241 
Metropolitan Life Insurance Company New York NY  10,230,000   10.1   52,746   151,855 
New York Community Bank Westbury NY  8,513,619   8.4   80,807   257,201 
Manufacturers and Traders Trust Company Buffalo NY  8,204,802   8.1   63,175   192,037 
Merrill Lynch Bank & Trust Co., FSB New York NY  6,200,000   6.1   14,891   32,494 
                     
                         
Total
         $49,923,421   49.2% $385,908  $1,127,828 
                     
1As of September 30, 2008, Officer of member bank also served on the Board of Directors of the FHLBNY.
Top five advance holders at December 31, 2008
                                    
 December 31, 2008  December 31, 2009 
 Percentage of    Percentage of   
 Par Total Par Value Interest  Par Total Par Value   
 City State Advances of Advances Income  City State Advances of Advances Interest Income 
                
Hudson City Savings Bank *
 Paramus NJ $17,525,000  17.0% $671,146 
Hudson City Savings Bank, FSB* Paramus NJ $17,275,000   19.0% $710,900 
Metropolitan Life Insurance Company New York NY 15,105,000 14.6 260,420  New York NY  13,680,000   15.1   356,120 
New York Community Bank* Westbury NY  7,343,174   8.1   310,991 
Manufacturers and Traders Trust Company Buffalo NY 7,999,689 7.7 257,649  Buffalo NY  5,005,641   5.5   97,628 
New York Community Bank Westbury NY 7,796,517 7.5 337,019 
The Prudential Insurance Company of America Newark NJ  3,500,000   3.9   93,601 
Astoria Federal Savings and Loan Assn. Long Island City NY 3,738,000 3.6 151,066  Lake Success NY  3,000,000   3.3   120,870 
       
Emigrant Bank New York NY  2,475,000   2.7   64,131 
Doral Bank San Juan PR  2,473,420   2.7   86,389 
MetLife Bank, N.A. Bridgewater NJ  2,430,500   2.7   46,142 
Valley National Bank Wayne NJ  2,322,500   2.6   103,707 
              
Total
 $52,164,206  50.4% $1,677,300      $59,505,235   65.6% $1,990,479 
                    
   
* At December 31, 2008,2009, officer of member bank also served on the Board of Directors of the FHLBNY.
                 
  March 31, 2009 
          Percentage of    
      Par  Total Par Value    
  City State Advances  of Advances  Interest Income 
Hudson City Savings Bank, FSB* Paramus NJ $17,575,000   17.7% $176,070 
Metropolitan Life Insurance Company New York NY  15,105,000   15.2   103,306 
New York Community Bank* Westbury NY  8,143,214   8.2   77,380 
Manufacturers and Traders Trust Company Buffalo NY  7,479,282   7.5   36,499 
The Prudential Insurance Company of America Newark NJ  4,500,000   4.5   24,618 
MetLife Bank, N.A. Bridgewater NJ  3,812,000   3.8   10,811 
Astoria Federal Savings and Loan Assn. Lake Success NY  3,110,000   3.1   31,667 
Emigrant Bank New York NY  2,475,000   2.5   15,925 
Valley National Bank Wayne NJ  2,445,500   2.5   27,178 
Doral Bank San Juan PR  2,334,500   2.3   22,298 
              
Total
     $66,979,496   67.3% $525,752 
              
*At March 31, 2009, officer of member bank also served on the Board of Directors of the FHLBNY.

 

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Advances outstanding to former members are summarized as below (in thousands):
         
  Ultimate Member of Advances 
Former Member Acquiree Bank FHLB as of September 30, 2009 
Citizens Bank, National Association RBS Citizens, National Association Boston $1,250,000 
Independence Community Bank Sovereign Bank Pittsburgh  510,000 
The Yardville National Bank PNC Bank, N.A. Pittsburgh  215,000 
Summit Bank Bank of America, N.A. Atlanta  201,499 
Susquehanna Patriot Bank Susquehanna Bank Pittsburgh  100,000 
Others Various Various  87,514 
        
         
Total
     $2,364,013 
        
         
  Ultimate Member of Advances 
Former Member Acquiree Bank FHLB as of December 31, 2008 
Citizens Bank, National Association RBS Citizens, National Association Boston $1,500,000 
Independence Community Bank Sovereign Bank Pittsburgh  575,000 
The Yardville National Bank PNC Bank, N.A. Pittsburgh  223,000 
Summit Bank Bank of America, N.A. Atlanta  215,516 
Susquehanna Patriot Bank Susquehanna Bank Pittsburgh  100,000 
Others Various Various  89,154 
        
         
Total
     $2,702,670 
        

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Investment quality
At September 30, 2009,March 31, 2010, long-term investments were principally comprised of (1) Mortgage-backed securities classified as held-to-maturity at a carrying value of $9.7$9.0 billion, of which 88.2%88.9% comprised of securities issued by government sponsored enterprises and a U.S. government agency, (2) Available-for-saleMortgage-backed securities classified as available-for-sale securities at fair value basis of $2.4$2.6 billion, entirely of GSE issued mortgage-backed securities. In addition, the FHLBNY had investments of $791.2$749.8 million in primary public and private placements of taxable obligations of state and local housing finance authorities classified as held-to-maturity.
The FHLBNY’sAt March 31, 2010 and December 31, 2009, short-term investments consisted of certificates of deposits with maturities not exceeding one year issued by major financial institutions, and Federal funds sold.
The FHLBNY’s investments are summarized below (dollars in thousands):
                 
  September 30,  December 31,  Dollar  Percentage 
  2009  2008  Variance  Variance 
 
State and local housing agency obligations1
 $791,187  $804,100  $(12,913)  (1.61)%
Mortgage-backed securities                
Available-for-sale securities, at fair value  2,350,308   2,851,682   (501,374)  (17.58)
Held-to-maturity securities, at carrying value  9,686,840   9,326,443   360,397   3.86 
             
   12,828,335   12,982,225   (153,890)  (1.19)
                 
Grantor trusts2
  12,284   10,187   2,097   20.59 
Certificates of deposit1
  2,000,000   1,203,000   797,000   66.25 
Federal funds sold  3,900,000      3,900,000   NA 
             
                 
Total investments $18,740,619  $14,195,412  $4,545,207   32.02%
             
Table 35: Period-Over-Period Change in Investments
                 
  March 31,  December 31,  Dollar  Percentage 
  2010  2009  Variance  Variance 
                 
State and local housing finance agency obligations1
 $749,841  $751,751  $(1,910)  (0.25)%
Mortgage-backed securities                
Available-for-sale securities, at fair value  2,641,921   2,240,564   401,357   17.91 
Held-to-maturity securities, at carrying value  9,026,441   9,767,531   (741,090)  (7.59)
             
   12,418,203   12,759,846   (341,643)  (2.68)
                 
Grantor trusts2
  12,893   12,589   304   2.41 
Federal funds sold  3,130,000   3,450,000   (320,000)  (9.28)
             
                 
Total investments $15,561,096  $16,222,435  $(661,339)  (4.08)%
             
   
1 Classified as held-to-maturity securities, at carrying value.value
 
2 Classified as available-for-sale securities, at fair value representand represents investments in registered mutual funds and other fixed-income securities maintained under the grantor trusts.trusts
Investment rating
External ratings and the changes in a security’s external rating are factors in the FHLBNY’s assessment of impairment; a rating or a rating change alone is not necessarily indicative of impairment or absence of impairment.
Mortgage-backed securities— Mortgage-backed securities were classified as either Available-for-sale or Held-to-maturity.
Available-for-sale — At September 30, 2009March 31, 2010 and December 31, 2008,2009, all MBS classified as available-for-sale were rated triple-A by a Nationally Recognized Statistical Rating Organization (“NRSRO”). All available-for-sale securities were securities issued by Federal National Mortgage Association (“Fannie Mae”) and the Federal Home Loan Mortgage CorpCorp. (“Freddie Mac”).
Held-to-maturity — At September 30, 2009, Fannie Mae and Freddie Mac and a government agency issued securities made up 88.2% of MBS classified as held-to-maturity compared to 81.3% at December 31, 2008.

 

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The following tables contain information about credit ratings of the Bank’s investments in held-to-maturityHeld-to-maturity and available-for-saleAvailable-for-sale securities at September 30, 2009March 31, 2010 and December 31, 20082009 (in thousands):
Table 36: NRSRO Held-to-Maturity Securities
External ratings — Held-to-maturity securities — September 30, 2009March 31, 2010:
                                      
 NRSRO Ratings - September 30, 2009  NRSRO Ratings — March 31, 2010 
 Below  Below 
 Carrying Investment  Carrying Investment 
Issued, guaranteed or insured Value AAA AA A BBB Grade 
Issued, guaranteed or insured: Value AAA AA A BBB Grade 
Pools of Mortgages
  
Fannie Mae $1,194,202 $1,194,202 $ $ $ $  $1,081,039 $1,081,039 $ $ $ $ 
Freddie Mac 354,212 354,212      307,168 307,168     
                          
Total pools of mortgages 1,548,414 1,548,414      1,388,207 1,388,207     
             
              
Collateralized Mortgage Obligations/Real Estate Mortgage Investment Conduits
  
Fannie Mae 2,370,747 2,370,747      2,406,059 2,406,059     
Freddie Mac 4,384,624 4,384,624      3,854,479 3,854,479     
Ginnie Mae 187,470 187,470      150,882 150,882     
                          
Total CMOs/REMICs 6,942,841 6,942,841      6,411,420 6,411,420     
                          
Commercial Mortgage-Backed Securities
 
Freddie Mac 174,048 174,048     
Ginnie Mae 49,342 49,342     
              
Ginnie Mae-CMBS
 49,706 49,706     
Total commercial mortgage-backed securities 223,390 223,390     
              
Non-GSE MBS
  
CMOs/REMICs 482,874 347,447 13,588 42,546  79,293  407,552 291,168 11,664 34,219  70,501 
Commercial mortgage-backed securities       
             
Total non-federal-agency MBS 482,874 347,447 13,588 42,546  79,293 
             
 
Asset-Backed Securities
  
Manufactured housing (insured) 208,544  208,544    
Manufactured housing loans (insured) 195,700  103,020 92,680   
Home equity loans (insured) 249,918 10,733 72,997 30,216 27,798 108,174  219,345 10,297 71,014 26,857 25,346 85,831 
Home equity loans (uninsured) 204,543 179,083 20,694  4,766   180,827 163,922 12,532  4,373  
                          
Total asset-backed securities 663,005 189,816 302,235 30,216 32,564 108,174  595,872 174,219 186,566 119,537 29,719 85,831 
                          
Total mortgage-backed securities $9,686,840 $9,078,224 $315,823 $72,762 $32,564 $187,467  $9,026,441 $8,488,404 $198,230 $153,756 $29,719 $156,332 
                          
 
Other
  
State and local housing finance agency obligations $791,187 $73,313 $638,509 $23,145 $56,220 $  $749,841 $72,172 $600,019 $21,430 $56,220 $ 
Certificates of deposit 2,000,000  1,000,000 1,000,000   
                          
Total other $2,791,187 $73,313 $1,638,509 $1,023,145 $56,220 $  $749,841 $72,172 $600,019 $21,430 $56,220 $ 
                          
Total Held-to-maturity securities
 $9,776,282 $8,560,576 $798,249 $175,186 $85,939 $156,332 
             

 

144147


External ratings — Held-to-maturity securities — December 31, 20082009:
                                  
 Carrying NRSRO Ratings - December 31, 2008  NRSRO Ratings — December 31, 2009 
Issued, guaranteed or insured Value AAA AA A BBB 
 Below 
 Carrying Investment 
Issued, guaranteed or insured: Value AAA AA A BBB Grade 
Pools of Mortgages
  
Fannie Mae $1,400,058 $1,400,058 $ $ $  $1,137,514 $1,137,514 $ $ $ $ 
Freddie Mac 422,088 422,088     335,369 335,369     
                        
Total pools of mortgages 1,822,146 1,822,146     1,472,883 1,472,883     
           
              
Collateralized Mortgage Obligations/Real Estate Mortgage Investment Conduits
  
Fannie Mae 2,032,050 2,032,050     2,609,254 2,609,254     
Freddie Mac 3,722,840 3,722,840     4,400,002 4,400,002     
Ginnie Mae 6,325 6,325     171,531 171,531     
                        
Total CMOs/REMICs 5,761,215 5,761,215     7,180,787 7,180,787     
                        
 
Ginnie Mae-CMBS
 49,526 49,526     
Non-GSE MBS
  
CMOs/REMICs 609,908 509,056  62,401 38,451  444,906 319,583 12,510 38,332  74,481 
Commercial mortgage-backed securities 266,994 266,994           
                        
Total non-federal-agency MBS 876,902 776,050  62,401 38,451  444,906 319,583 12,510 38,332  74,481 
                        
 
Asset-Backed Securities
  
Manufactured housing (insured) 229,714  229,714   
Manufactured housing loans (insured) 202,278  202,278    
Home equity loans (insured) 376,587 86,662  130,277 159,648  227,834 10,399 71,653 27,589 26,657 91,536 
Home equity loans (uninsured) 259,879 259,879     189,317 171,840 12,873  4,604  
                        
Total asset-backed securities 866,180 346,541 229,714 130,277 159,648  619,429 182,239 286,804 27,589 31,261 91,536 
                        
Total mortgage-backed securities $9,326,443 $8,705,952 $229,714 $192,678 $198,099  $9,767,531 $9,205,018 $299,314 $65,921 $31,261 $166,017 
                        
 
Other
  
State and local housing finance agency obligations $804,100 $74,881 $672,999 $ $56,220  $751,751 $72,992 $601,109 $21,430 $56,220 $ 
Certificates of deposit 1,203,000  628,000 575,000  
                        
Total other $2,007,100 $74,881 $1,300,999 $575,000 $56,220  $751,751 $72,992 $601,109 $21,430 $56,220 $ 
                        
Total Held-to-maturity securities
 $10,519,282 $9,278,010 $900,423 $87,351 $87,481 $166,017 
             

 

145148


External ratings — Available-for-sale securities — September 30, 2009March 31, 2010:
                 
      NRSRO Ratings - September 30, 2009 
Issued, guaranteed or insured Fair Value  AAA  AA  A 
Pools of Mortgages
                
Fannie Mae $  $  $  $ 
Freddie Mac            
             
Total pools of mortgages            
             
                 
Collateralized Mortgage Obligations/Real Estate Mortgage Investment Conduits
                
Fannie Mae  1,626,069   1,626,069       
Freddie Mac  724,239   724,239       
Ginnie Mae            
             
Total CMOs/REMICs  2,350,308   2,350,308       
             
                 
Non-GSE MBS
                
CMOs/REMICs            
Commercial mortgage-backed securities            
             
Total non-federal-agency MBS            
             
                 
Asset-Backed Securities
                
Manufactured housing (insured)            
Home equity loans (insured)            
Home equity loans (uninsured)            
             
Total asset-backed securities            
             
Total mortgage-backed securities $2,350,308  $2,350,308  $  $ 
             
Table 37: NRSRO Available-for-Sale Securities
                 
      NRSRO Ratings — March 31, 2010 
Issued, guaranteed or insured: Fair Value  AAA  AA  A 
Pools of Mortgages
                
Fannie Mae $  $  $  $ 
Freddie Mac            
             
Total pools of mortgages            
             
Collateralized Mortgage Obligations/Real Estate Mortgage Investment Conduits
                
Fannie Mae  1,949,487   1,949,487       
Freddie Mac  692,434   692,434       
Ginnie Mae            
             
Total CMOs/REMICs  2,641,921   2,641,921       
             
Non-GSE MBS
                
CMOs/REMICs            
Commercial mortgage-backed securities            
             
Total non-federal-agency MBS            
             
Asset-Backed Securities
                
Manufactured housing loans (insured)            
Home equity loans (insured)            
Home equity loans (uninsured)            
             
Total asset-backed securities            
             
Total AFS mortgage-backed securities $2,641,921  $2,641,921  $  $ 
             
Other
                
Fixed income funds, equity funds and cash equivalents*
 $12,893             
                
Total Available-for-sale securities
 $2,654,814             
                
*Unrated

 

146149


External ratings — Available-for-sale securities — December 31, 20082009:
                                
 NRSRO Ratings - December 31, 2008  NRSRO Ratings — December 31, 2009 
Issued, guaranteed or insured Fair Value AAA AA A 
Issued, guaranteed or insured: Fair Value AAA AA A 
Pools of Mortgages
  
Fannie Mae $ $ $ $  $ $ $ $ 
Freddie Mac          
                  
Total pools of mortgages          
         
          
Collateralized Mortgage Obligations/Real Estate Mortgage Investment Conduits
  
Fannie Mae 1,854,988 1,854,988    1,544,500 1,544,500   
Freddie Mac 996,694 996,694    696,064 696,064   
Ginnie Mae          
                  
Total CMOs/REMICs 2,851,682 2,851,682    2,240,564 2,240,564   
                  
 
Non-GSE MBS
  
CMOs/REMICs          
Commercial mortgage-backed securities          
                  
Total non-federal-agency MBS          
                  
 
Asset-Backed Securities
  
Manufactured housing (insured)     
Manufactured housing loans (insured)     
Home equity loans (insured)          
Home equity loans (uninsured)          
                  
Total asset-backed securities          
                  
Total mortgage-backed securities $2,851,682 $2,851,682 $ $ 
Total AFS mortgage-backed securities $2,240,564 $2,240,564 $ $ 
                  
Other
 
Fixed income funds, equity funds and cash equivalents*
 $12,589 
   
Total Available-for-sale securities
 $2,253,153 
   
*Unrated

150


Fannie Mae and Freddie Mac Securities
The FHLBNY’s mortgage-backed securities were predominantly issued by Fannie Mae and Freddie Mac.
The Housing Act contains provisions allowing the U.S. Treasury to provide support to Fannie Mae and Freddie Mac. Fannie Mae and Freddie Mac are in conservatorship, with the Finance Agency named as conservator, who will manage Fannie Mae and Freddie Mac in an attempt to stabilize their financial conditions and their ability to support the secondary mortgage market.
Available-for-sale securities —All100 percent of MBS outstanding at September 30, 2009March 31, 2010 and December 31, 20082009 and classified as AFS were issued by Fannie Mae and Freddie Mac.
Held-to-maturity securities —Comprised of 88.2%88.9% and 81.2%89.1% of MBS also issued by Fannie Mae, Freddie Mac and a U.S. government agency at September 30, 2009March 31, 2010 and December 31, 2008.2009.

147


The following table summarizes the carrying value basis of held-to-maturity mortgage-backed securities by issuer (dollars in thousands):
                 
  September 30,  Percentage  December 31,  Percentage 
  2009  of total  2008  of total 
 
U.S. government sponsored enterprise residential mortgage-backed securities                
Fannie Mae $3,564,949   36.80% $3,432,108   36.80%
Freddie Mac  4,738,836   48.92   4,144,928   44.44 
U.S. agency residential mortgage-backed securities  187,470   1.94   6,325   0.07 
U.S. agency commercial mortgage-backed securities  49,706   0.51       
Private-label issued securities  1,145,879   11.83   1,743,082   18.69 
             
Total Held-to-maturity securities-mortgage-backed securities $9,686,840   100.00% $9,326,443   100.00%
             
Table 38: Carrying Value Basis of Held-to-Maturity Mortgage-Backed Securities by Issuer
                 
  March 31,  Percentage  December 31,  Percentage 
  2010  of total  2009  of total 
                 
U.S. government sponsored enterprise residential mortgage-backed securities                
Fannie Mae $3,487,098   38.63% $3,746,768   38.36%
Freddie Mac  4,161,647   46.10   4,735,371   48.48 
U.S. agency residential mortgage-backed securities  150,882   1.67   171,531   1.76 
U.S. government sponsored enterprise commercial mortgage-backed securities  174,048   1.93       
U.S. agency commercial mortgage-backed securities  49,342   0.55   49,526   0.51 
Private-label issued securities  1,003,424   11.12   1,064,335   10.89 
             
Total Held-to-maturity securities-mortgage-backed securities $9,026,441   100.00% $9,767,531   100.00%
             

151


Non-agencyNon-Agency Private label mortgage — and asset-backed securities
At September 30,March 31, 2010 and December 31, 2009, the Bank also held MBS that were privately issued. All private-label MBS were classified as held-to-maturity. The following table summarizes private-label mortgage- and asset-backed securities by fixed- or variable-rate coupon types (Unpaid principal balance; in thousands):
                         
  September 30, 2009  December 31, 2008 
     Variable        Variable    
Private-label MBS Fixed Rate  Rate  Total  Fixed Rate  Rate  Total 
Private-label RMBS                        
Prime $473,648  $4,643  $478,291  $596,430  $4,811  $601,241 
Alt-A  7,471   3,838   11,309   9,129   4,177   13,306 
                   
Total PL RMBS  481,119   8,481   489,600   605,559   8,988   614,547 
                   
                         
Private-label CMBS                        
Prime           266,860      266,860 
                   
Total PL CMBS           266,860      266,860 
                   
                         
Home Equity Loans                        
Subprime  453,025   113,399   566,424   504,565   132,135   636,700 
                   
Total Home Equity Loans  453,025   113,399   566,424   504,565   132,135   636,700 
                   
                         
Manufactured Housing Loans                        
Subprime  208,566      208,566   229,738      229,738 
                   
Total Manufactured Housing Loans  208,566      208,566   229,738      229,738 
                   
Total UPB of private-label MBS $1,142,710  $121,880  $1,264,590  $1,606,722  $141,123  $1,747,845 
                   
Table 39: Non-Agency Private Label Mortgage Securities
                         
  March 31, 2010  December 31, 2009 
      Variable          Variable    
Private-label MBS Fixed Rate  Rate  Total  Fixed Rate  Rate  Total 
Private-label RMBS                        
Prime $398,651  $4,259  $402,910  $435,913  $4,359  $440,272 
Alt-A  6,915   3,584   10,499   7,229   3,713   10,942 
                   
Total PL RMBS  405,566   7,843   413,409   443,142   8,072   451,214 
                   
Private-label CMBS                        
Prime                  
                   
Total PL CMBS                  
                   
Home Equity Loans                        
Subprime  425,381   103,087   528,468   437,042   108,801   545,843 
                   
Total Home Equity Loans  425,381   103,087   528,468   437,042   108,801   545,843 
                   
Manufactured Housing Loans                        
Subprime  195,721      195,721   202,299      202,299 
                   
Total Manufactured Housing Loans  195,721      195,721   202,299      202,299 
                   
Total UPB of private-label MBS $1,026,668  $110,930  $1,137,598  $1,082,483  $116,873  $1,199,356 
                   
Unpaid principal balance (UPB) is also known as the current face or par amount of a mortgage-backed security.

148


Impairment AnalysisOther-Than-Temporarily Impaired Securities
Securities with a fair value below amortized cost basis are considered impaired. Determining whether a decline in fair value is OTTI requires significant judgment. The FHLBNY evaluates its individual held-to-maturity investment in private-label issued mortgage- and asset-backed securities for OTTI on a quarterly basis. As part of this process, the FHLBNY assesses if it has an intention to sell the security or it is more likely than not that it will be required to sell the impaired investment before recovery of its amortized cost basis.
at March 31, 2010 —To assess whether the entire amortized cost basesbasis of the Bank’s private-label MBS will be recovered, the Bank performed cash flow analysis for 100%100 percent of the FHLBNY’s private-label MBS outstanding at September 30, 2009, includingMarch 31, 2010. Cash flow assessments identified credit impairment on five HTM private-label MBS that were determined to be other-than-temporarily impaired in a previous reporting period. For more information about the Bank’s critical policiesmortgage-backed securities, and procedures and the role of the OTTI Committee in the pricing and assessment of OTTI, see Note 1. Significant Accounting Policies and Estimates.
Based on the results of its cash flow analyses, the FHLBNY determined that it was likely that it will not fully recover the amortized cost bases of ten of its private-label MBS and, accordingly, these securities were deemed to be OTTI at September 30, 2009. The impaired securities included seven securities, with total unpaid principal balance of $124.7$3.4 million at September 30, 2009, that had previously been identified as OTTI and three securities, with total unpaid principal balance of $72.5 million at September 30, 2009, that were determined to be OTTI as of September 30, 2009. The cash flow analysis compared the present value of the cash flows expected to be collected from the ten securities to the securities’ amortized cost bases. The difference, the credit loss of $3.7 million,other-than-temporary impairment (“OTTI”) was recorded as a charge to current year thirdearnings. All five securities had been previously determined to be OTTI in 2009, and the additional impairment or re-impairment in the 2010 first quarter earnings.was due to further deterioration in the credit default rates of the five securities. The non-credit component of OTTI associated with the impairment in the third quarter was $26.5 million and was recorded as a loss in Accumulated other comprehensive income (loss). In all fifteen securities have been deemed OTTI through the current year third quarter. Thirteen impaired securities are insured by bond insurers, Ambac and MBIA. The Bank’s analysis of the two bond insurers concluded that future credit losses due to projected collateral shortfalls of the impaired securities would not be fully supported by the two bond insurers.
The cumulative credit impairment expenses recorded through earnings year-to-date September 30, 2009 was $14.3 million as a charge to earnings recorded in Other income (loss). The non-credit componentportion of OTTI recorded in Accumulated other comprehensive income through the third quarterAOCI was $103.9 million. not significant.
The Bank did not experience any OTTI during 2008 or 2007.
At December 31, 2008, the FHLBNY’s screening and monitoring process, which included pricing, credit rating and credit enhancement coverage, had identified 21 private-label MBS with weak performance measures indicating the possibility of OTTI. Bonds selected through the screening process were cash flow tested for credit impairment. Fourteentotal carrying value of the five securities were determinedprior to be impaired absent bond insurer support to meet scheduled cash flows in the future. The remaining securities were considered to be only temporarily impaired based on cash flow analysis. Based on financial analysis of the bond insurers itOTTI was deemed that Ambac and MBIA had the ability to meet future claims, and the fourteen bonds were determined to be also temporarily impaired at December 31, 2008.$38.2 million.

 

149152


In the first and second quarters of 2009, the FHLBNY also employed its screening procedures and identified private-label MBS with weaker performance measures. Bonds selected through the screening process were cash flow tested for credit impairment. Certain insured bonds that were determined to be credit impaired at December 31, 2008 absent insurer support were determined to be OTTI because of deteriorating financial conditions of MBIA and Ambac. First MBIA and then Ambac was downgraded and released financial information and results that the FHLBNY’s views resulted in the shortening of the bond insurance support period, a quantitative measure under the FHLBNY’s bond insurer analysis methodology. With the incremental shortening of the insurance support period of a credit impaired bond starting with the first quarter of 2009 because of deteriorating financial conditions at Ambac and MBIA, the FHLBNY recognized larger amounts of cash flow shortfalls at each of the quarters for certain insured bonds. Certain uninsured bonds were determined to be credit impaired also based on cash flow testing for credit impairment in the second and third quarters of 2009. Observed historical performance parameters of certain securities have deteriorated in 2009, and these factors have increased loss severities in the cash flow analyses of those private-label MBS.
The projected cash flows were based on a number of assumptions and expectations, and the results of these models can vary significantly with changes in assumptions and expectations. The scenario of cash flows determined reflected the FHLBNY’s best estimate scenario.
Security vintage information —Industry analysis of delinquency performance of mortgage-backed securities indicates that loans supporting securities issued in 2005, 2006 and 2007 are exhibiting significantly higher delinquency rates than those supporting securities issued in earlier years. The FHLBNY believes the year of issuance or origination (vintage) of the collateral supporting MBS is an important factor in projecting cash flow performance and assessing their credit performance. The Bank’s private-label issued MBS (“PLMBS”) are relatively seasoned securities. At September 30, 2009 and December 31, 2008, the unpaid principal balances of securities issued in 2005 and 2006 totaled $159.2 million and $212.2 million, representing 12.5% and 12.1% of all private label MBS. The securities issued in 2005 and 2006 are residential mortgage-backed securities collateralized by loans to prime borrowers. One such residential mortgage-backed security issued in 2005 with an unpaid balance of $56.9 million has been determined to be OTTI. The fourteen other securities determined to be OTTI are MBS supported home equity loans collateralized by residential homes to subprime borrowers. These securities were all issued prior to 2005.
GSE issued securities — The FHLBNY evaluates its individual securities issued by Fannie Mae and Freddie Mac or a government agency by considering the creditworthiness and performance of the debt securities and the strength of the GSE’s guarantees of the securities. Based on the Bank’s analysis, GSE and agency issued securities are performing in accordance with their contractual agreements. The Housing Act contains provisions allowing the U.S. Treasury to provide support to Fannie Mae and Freddie Mac. In September 2008, the U.S. Treasury and the Finance Agency placed Fannie Mae and Freddie Mac into conservatorship in an attempt to stabilize their financial conditions and their ability to support the secondary mortgage market. The FHLBNY believes that it will recover its investments in GSE and agency issued securities given the current levels of collateral and credit enhancements and guarantees that exist to protect the investments.
Remaining private-label held-to-maturity MBS — With respect to the Bank’s remaining investments, the Bank believes no OTTI exists. The Bank’s conclusion is based upon multiple factors: bond issuers’ continued satisfaction of their obligations under the contractual terms of the securities; the estimated performance of the underlying collateral; the evaluation of the fundamentals of the issuers’ financial condition; and the estimated support from the monoline insurers under the contractual terms of insurance. Management has not made a decision to sell such securities at September 30, 2009. Management has also concluded that it is more likely than not that it will not be required to sell such securities before recovery of the amortized cost basis of the securities. Based on factors outlined above, the FHLBNY believes that the remaining securities classified as held-to-maturity were not other-than-temporarily impaired as of September 30, 2009.

150


However, without recovery in the near term such that liquidity returns to the mortgage-backed securities market and spreads return to levels that reflect underlying credit characteristics, or if the credit losses of the underlying collateral within the mortgage-backed securities perform worse than expected, or if the presumption of the ability of monoline insurers to support the insured securities identified at September 30, 2009 as dependent on insurance is negatively impacted by the insurers’ future financial performance, it would be likely that additional OTTI may be recognized in future periods.
The table below summarizes the key characteristics of the 15securities that were deemed OTTI securities at September 30, 2009)in the 2010 first quarter (dollars in thousands):
                                             
      September 30, 2009 
      Insurer MBIA  Insurer Ambac  Uninsured  OTTI  Gross OTTI Losses 
Security         Fair      Fair      Fair  Credit  Non-credit  Less than  More than 
Classification Count  UPB  Value  UPB  Value  UPB  Value  Loss  Loss  12 months  12 months 
 
RMBS-Prime*
  1  $  $  $  $  $56,867  $54,687  $(438) $(2,766) $(3,204) $ 
HEL Subprime*
  14   35,616   20,653   181,995   117,651   62,461   38,392   (13,838)  (101,118)     (114,956)
                                  
Total
  15  $35,616  $20,653  $181,995  $117,651  $119,328  $93,079  $(14,276) $(103,884) $(3,204) $(114,956)
                                  
Table 40: OTTI 2010 First Quarter
                             
      March 31, 2010 
      Insurer MBIA  Insurer Ambac  OTTI 
Security         Fair      Fair  Credit  Non-credit 
Classification Count  UPB  Value  UPB  Value  Loss  Loss 
                             
RMBS-Prime*
    $  $  $  $  $  $ 
HEL Subprime*
  5   21,637   9,730   45,476   26,015   (3,400)  (473)
                      
 
Total
  5  $21,637  $9,730  $45,476  $26,015  $(3,400) $(473)
                      
   
* RMBS-Prime — Private-label MBS supported by prime residential loans; HEL Subprime — MBS supported by home equity loans.
Of the five credit impaired securities, four securities are insured by bond insurer Ambac, and one by MBIA. The Bank’s analysis of the Ambac concluded that the bond insurer could not be relied upon to make whole credit losses beyond March 31, 2010. Analysis of MBIA concluded that insurance support could be relied upon for shortfalls up until June 30, 2011, beyond which date, MBIA’s financial resources would be such that insurance protection could not be relied upon.
The following table below summarizes the key characteristics of the securities that were deemed OTTI in the third quarter of 2009 (dollars in thousands)insured by MBIA, Ambac, and Assured Guaranty Municipal Trust (formerly FSA) at March 31, 2010 (in thousand):
                                             
      Q3 2009 activity 
      Insurer MBIA  Insurer Ambac  Uninsured  OTTI  Gross OTTI Losses 
Security         Fair      Fair      Fair  Credit  Non-credit  Less than  More than 
Classification Count  UPB  Value  UPB  Value  UPB  Value  Loss  Loss  12 months  12 months 
 
RMBS-Prime*
    $  $  $  $  $  $  $  $  $  $ 
HEL Subprime*
  10   13,304   7,680   121,435   79,700   62,460   38,392   (3,683)  (26,486)     (30,169)
                                  
Total
  10  $13,304  $7,680  $121,435  $79,700  $62,460  $38,392  $(3,683) $(26,486) $  $(30,169)
                                  
Table 41: Monoline Insurance of PLMBS
                         
  AMBAC  MBIA  FSA* 
      Unrealized      Unrealized      Unrealized 
Private-label MBS UPB  Losses  UPB  Losses  UPB  Losses 
                         
HEL
                        
Subprime
                        
2004 and earlier $203,201  $(51,513) $36,666  $(10,881) $78,568  $(7,373)
                         
Manufactured Housing Loans
                        
Subprime
                        
2004 and earlier              195,721   (35,830)
                   
 
Total of all Private-label MBS
 $203,201  $(51,513) $36,666  $(10,881) $274,289  $(43,203)
                   
   
* RMBS-Prime — Private-label MBS supported by prime residential loans; HEL Subprime — MBS supported by home equity loans.Assured Guaranty Municipal Trust (formerly FSA)
Bond insurer counterparty risks- The current weakened financial condition of Ambac Assurance Corp., (“Ambac”) and MBIA Insurance Corp (“MBIA”) creates a risk that these counterparties will fail to fulfill their claims paying obligations for certain insured private-label MBS owned by the FHLBNY. The FHLBNY has determined that the two monoline insurers are at risk with respect to their claims paying ability, and has also determined that the FHLBNY may rely on the two bond insurers to remain as viable financial guarantors until July 31, 2016 with respect to Ambac, and March 31, 2012 with respect to MBIA. The FHLBNY’s cash flow assessment has determined that absent bond insurance, certain private-label MBS will experience credit impairment in future periods, and has deemed such MBS as OTTI, and recorded credit impairment losses. If the financial condition of the two bond insurers worsens, it could result in a shortening of the length of time the securities could rely on the two bond insurers for cash flow support. This in turn would result in the recognition of additional credit impairment losses on securities already deemed OTTI.
The following table summarizes MBS insured by MBIA and Ambac, and identifies additional credit losses should the two bond insurers fail to provide any support effective September 2009. The analysis below is a point in time analysis and forecasted credit losses may be greater should the underlying collateral within the insured MBS perform worse than expected as of September 30, 2009 (in thousands):
                             
      September 30, 2009       
      Insurer MBIA  Cumulative OTTI Recorded  Additional 
  No. of  Amortized  Carrying  Fair  Credit  Non-credit  Credit losses if zero 
Ratings Securities  Cost Basis  Value  Value  Loss  Loss  insurance assumed 
Impaired
  2  $30,242  $20,600   20,653  $(5,370) $(10,075) $(1,036)
Unimpaired
  1   2,948   2,948   2,337          
                      
Total
  3  $33,189  $23,548  $22,990  $(5,370) $(10,075) $(1,036)
                      
                             
      September 30, 2009       
      Insurer Ambac  Cumulative OTTI Recorded  Additional 
  No. of  Amortized  Carrying  Fair  Credit  Non-credit  Credit losses if zero 
Ratings Securities  Cost Basis  Value  Value  Loss  Loss  insurance assumed 
Impaired
  11  $174,462  $109,189   117,651  $(7,411) $(68,040) $(5,804)
Unimpaired
  2   36,400   36,400   22,853          
                      
Total
  13  $210,862  $145,590  $140,504  $(7,411) $(68,040) $(5,804)
                      

 

151153


The following table presents additional information of the fair values and gross unrealized losses of PLMBS by year of securitization and external rating at September 30, 2009March 31, 2010 (in thousands):
                                         
  September 30, 2009               
  Unpaid Principal Balance               
                      Below      Gross        
  Ratings                  Investment  Amortized  Unrealized      Total OTTI 
Private-label MBS Subtotal  Triple-A  Double-A  Single-A  Triple-B  Grade  Cost  (Losses)  Fair Value  Losses 
RMBS
                                        
Prime
                                        
2006 $70,033  $  $  $42,949  $  $27,084  $69,330  $(4,547) $64,783  $ 
2005  89,168   32,301            56,867   87,025   (924)  86,101   (3,204)
2004 and earlier  319,090   305,225   13,865            317,752   (4,653)  313,454    
                               
Total RMBS Prime  478,291   337,526   13,865   42,949      83,951   474,107   (10,124)  464,338   (3,204)
                               
                                         
Alt-A
                                        
2004 and earlier  11,309   11,309               11,312   (975)  10,337    
                               
Total RMBS  489,600   348,835   13,865   42,949      83,951   485,419   (11,099)  474,675   (3,204)
                               
                                         
CMBS
                                        
Prime
                                        
2004 and earlier                              
                               
                                         
HEL
                                        
Subprime
                                        
2004 and earlier  566,424   213,943   93,704   52,119   44,629   162,029   552,379   (168,624)  383,755   (114,956)
                               
                                         
Manufactured Housing Loans
                                        
Subprime
                                        
2004 and earlier  208,566      208,566            208,544   (46,536)  162,008    
                               
Total PLMBS
 $1,264,590  $562,778  $316,135  $95,068  $44,629  $245,980  $1,246,342  $(226,259) $1,020,438  $(118,160)
                               
Table 42: PLMBS by Year of Securitization and External Rating
                                         
  March 31, 2010               
  Unpaid Principal Balance               
                      Below      Gross        
  Ratings                  Investment  Amortized  Unrealized      Total OTTI 
Private-label MBS Subtotal  Triple-A  Double-A  Single-A  Triple-B  Grade  Cost  (Losses)  Fair Value  Losses 
RMBS
                                        
Prime
                                        
2006 $58,353  $  $  $34,537  $  $23,816  $57,804  $(2,003) $55,801  $ 
2005  77,611   26,782            50,829   75,717   (1,047)  74,670    
2004 and earlier  266,946   255,046   11,900            265,817   (2,126)  264,790    
                               
Total RMBS Prime  402,910   281,828   11,900   34,537      74,645   399,338   (5,176)  395,261    
                               
Alt-A
                                        
2004 and earlier  10,499   10,499               10,501   (838)  9,665    
                               
Total RMBS  413,409   292,327   11,900   34,537      74,645   409,839   (6,014)  404,926    
                               
HEL
                                        
Subprime
                                        
2004 and earlier  528,468   196,435   90,545   47,357   41,153   152,978   504,497   (116,722)  387,775   (3,873)
                               
Manufactured Housing Loans
                                        
Subprime
                                        
2004 and earlier  195,721      103,041   92,680         195,700   (35,830)  159,870    
                               
Total PLMBS
 $1,137,598  $488,762  $205,486  $174,574  $41,153  $227,623  $1,110,036  $(158,566) $952,571  $(3,873)
                               

 

152154


The following table presents additional information of the fair values and gross unrealized losses of PLMBS by year of securitization and external rating at December 31, 2008 (in thousands):
                                                                        
 December 31, 2008    December 31, 2009     
 Unpaid Principal Balance    Unpaid Principal Balance     
 Gross    Below Gross   
 Ratings Amortized Unrealized    Ratings Investment Amortized Unrealized Total OTTI 
Private-label MBS Subtotal Triple-A Double-A Single-A Triple-B Cost (Losses) Fair Value  Subtotal Triple-A Double-A Single-A Triple-B Grade Cost (Losses) Fair Value Losses 
RMBS
  
Prime
  
2006 $101,843 $ $ $62,968 $38,875 $100,851 $(20,544) $80,308  $63,276 $ $ $38,689 $ $24,587 $62,654 $(2,396) $60,258 $ 
2005 110,334 110,334    108,254  (5,415) 102,839  82,982 28,687    54,295 80,996  (1,708) 79,288  (3,204)
2004 168,166 168,166    168,173  (8,363) 159,810 
2003 and earlier 220,898 220,898    219,318  (6,722) 212,596 
2004 and earlier 294,014 281,240 12,774    292,773  (3,696) 289,958  
                                      
Total RMBS Prime 601,241 499,398  62,968 38,875 596,596  (41,044) 555,553  440,272 309,927 12,774 38,689  78,882 436,423  (7,800) 429,504  (3,204)
                                      
 
Alt-A
  
2003 and earlier 13,306 13,306    13,310  (1,662) 11,648 
2004 and earlier 10,942 10,942     10,944  (938) 10,006  
                                      
Total RMBS 614,547 512,704  62,968 38,875 609,906  (42,706) 567,201  451,214 320,869 12,774 38,689  78,882 447,367  (8,738) 439,510  (3,204)
                                      
 
CMBS
 
Prime
 
2003 and earlier 266,860 266,860    266,994  (127) 267,016 
                 
 
HEL
  
Subprime
  
2003 and earlier 636,700 346,631  130,404 159,665 636,466  (224,069) 412,397 
                 
2004 and earlier 545,843 205,480 91,782 48,838 43,035 156,708 525,260  (151,818) 373,442  (137,708)
                      
Manufactured Housing Loans
  
Subprime
  
2003 and earlier 229,738  229,738   229,714  (75,418) 154,296 
2004 and earlier 202,299  202,299    202,278  (37,101) 165,177  
                                      
Total PLMBS
 $1,747,845 $1,126,195 $229,738 $193,372 $198,540 $1,743,080 $(342,320) $1,400,910  $1,199,356 $526,349 $306,855 $87,527 $43,035 $235,590 $1,174,905 $(197,657) $978,129 $(140,912)
                                      

 

153155


Weighted-average market price offers an analysis of unrealized loss percentage; a comparison of the weighted-average credit support to weighted-average collateral delinquency percentage is another indicator of the credit support available to absorb potential cash flow shortfalls.
                 
  September 30, 2009 
      Original       
  Weighted-  Weighted-  Weighted-  Weighted-Average 
  Average Market  Average Credit  Average Credit  Collateral 
Private-label MBS Price1  Support %  Support %  Delinquency % 
RMBS
                
Prime
                
2006 $92.50   3.73%  5.16%  3.79%
2005  96.56   2.72   3.78   1.69 
2004 and earlier  98.23   1.57   2.73   0.49 
             
Total RMBS Prime  97.08   2.10   3.28   1.20 
                 
Alt-A
                
2004 and earlier  91.40   10.56   32.08   8.66 
             
Total RMBS  96.95   2.30   3.95   1.37 
             
                 
CMBS
                
Prime
                
2004 and earlier            
             
                 
HEL
                
Subprime
                
2004 and earlier  67.75   57.97   65.32   16.35 
             
                 
Manufactured Housing Loans
                
Subprime
                
2004 and earlier  77.68   58.01   55.91   3.54 
             
Total Private-label MBS
 $80.69   36.42%  40.00%  8.44%
             
Table 43: Weighted-Average Market Price of MBS
1Represents weighted-average market price based on par equaling $100.00. Combined weighted-average collateral delinquency rates is calculated based on UPB amount.
             
  March 31, 2010 
  Original       
  Weighted-  Weighted-  Weighted-Average 
  Average Credit  Average Credit  Collateral 
Private-label MBS Support %  Support %  Delinquency % 
RMBS
            
Prime
            
2006  3.84%  5.41%  6.38%
2005  2.67   3.95   3.45 
2004 and earlier  1.56   2.93   0.82 
          
Total RMBS Prime  2.11   3.49   2.14 
Alt-A
            
2004 and earlier  10.97   32.68   12.55 
          
Total RMBS  2.33   4.23   2.40 
          
HEL
            
Subprime
            
2004 and earlier  58.06   65.44   17.76 
          
Manufactured Housing Loans
            
Subprime
            
2004 and earlier  100.00   100.00   3.22 
          
Total Private-label MBS
  45.02%  49.14%  9.67%
          
             
  December 31, 2009 
  Original       
  Weighted-  Weighted-  Weighted-Average 
  Average Credit  Average  Collateral 
Private-label MBS Support %  Credit Support %  Delinquency % 
RMBS
            
Prime
            
2006  3.74%  5.16%  5.47%
2005  2.67   3.82   2.32 
2004 and earlier  1.58   2.82   0.79 
          
Total RMBS Prime  2.10   3.35   1.75 
Alt-A
            
2004 and earlier  10.73   32.35   11.22 
          
Total RMBS  2.30   4.05   1.98 
          
HEL
            
Subprime
            
2004 and earlier  57.86   65.34   17.40 
          
Manufactured Housing Loans
            
Subprime
            
2004 and earlier  57.78   55.56   3.64 
          
Total Private-label MBS
  36.95%  40.63%  9.28%
          
Definitions:
Original Weighted-Average Credit Support percentagerepresents the arithmetic mean of a cohort of securities by vintage; credit support is defined as the credit protection level at the time the mortgage-backed securities closed. Support is expressed as a percentage of the sum of: subordinate bonds, reserve funds, guarantees, overcollateralization, divided by the original collateral balance.
Weighted-Average Credit Support percentagerepresents the arithmetic mean of a cohort of securities by vintage; credit support is defined as the credit protection level as of the mortgage-backed securities most current payment date. Support is expressed as a percentage of the sum of: subordinate bonds, reserve funds, guarantees, overcollateralization, divided by the most current unpaid collateral balance.

154


Weighted-average collateral delinquency percentagerepresents the arithmetic mean of a cohort of securities by vintage: collateral delinquency is defined as the sum of the unpaid principal balance of loans underlying the mortgage-backed security where the borrower is 60 or more days past due, or in bankruptcy proceedings, or the loan is in foreclosure, or has become real estate owned divided by the aggregate unpaid collateral balance.
                 
  December 31, 2008 
      Original       
  Weighted-  Weighted-  Weighted-  Weighted-Average 
  Average Market  Average Credit  Average Credit  Collateral 
Private-label MBS Price1  Support %  Support %  Delinquency % 
RMBS
                
Prime
                
2006 $78.85   3.71%  4.56%  0.86%
2005  93.21   2.68   3.26   1.00 
2004  95.03   2.05   2.86   0.40 
2003 and earlier  96.24   1.21   2.17   0.27 
             
Total RMBS Prime  92.40   2.14   2.97   0.54 
                 
Alt-A
                
2003 and earlier  87.54   10.22   31.60   10.56 
             
Total RMBS  92.30   2.31   3.59   0.76 
             
                 
CMBS
                
Prime
                
2003 and earlier  100.06   26.69   38.73    
             
                 
HEL
                
Subprime
                
2003 and earlier  64.77   58.31   65.66   12.53 
             
                 
Manufactured Housing Loans
                
Subprime
                
2003 and earlier  67.16   58.26   55.99   1.88 
             
Total Private-label MBS
 $80.15   33.79%  38.45%  5.08%
             
1Represents weighted-average market price based on par equaling $100.00. Combined weighted-average collateral delinquency rates will be calculated based on UPB amount.

 

155156


External ratings are just one factor that is considered in analyzing if a security is other-than-temporarily impaired. The table below compares delinquency percentage across PLMBS security types, ratings and gross unrealized losses.losses (dollars in thousands):
                         
  September 30, 2009  December 31, 2008 
      Gross  Weighted-Average      Gross  Weighted-Average 
  Amortized  Unrealized  Collateral  Amortized  Unrealized  Collateral 
Private-label MBS Cost  (Losses)  Delinquency %1  Cost  (Losses)  Delinquency %1 
RMBS
                        
Prime
                        
Rated Triple A $336,135  $(5,210)  0.46% $495,744  $(20,500)  0.48%
Rated Double A  13,588                
Rated Single A  42,546   (1,801)  2.64   62,401   (12,027)  0.76 
Rated Triple B           38,451   (8,517)  1.01 
Below Investment Grade  81,838   (3,113)  3.61          
                   
Total of RMBS Prime  474,107   (10,124)  1.20   596,596   (41,044)  0.54 
                   
 
Alt-A
                        
Rated Triple A  11,312   (975)  8.66   13,310   (1,662)  10.56 
                   
Total of RMBS  485,419   (11,099)  1.37   609,906   (42,706)  0.76 
                   
                         
CMBS
                        
Prime
                        
Rated Triple A           266,994   (127)   
                   
 
HEL
                        
Subprime
                        
Rated Triple A  212,819   (62,676)  16.73   346,541   (105,673)  13.54 
Rated Double A  93,690   (24,923)  11.03          
Rated Single A  50,073   (17,953)  15.58   130,277   (50,977)  5.68 
Rated Triple B  43,496   (15,848)  11.71   159,648   (67,419)  15.96 
Below Investment Grade  152,301   (47,224)  20.46          
                   
Total of HEL Subprime  552,379   (168,624)  16.35   636,466   (224,069)  12.53 
                   
                         
Manufactured Housing Loans
                        
Subprime
                        
Rated Double A  208,544   (46,536)  3.54   229,714   (75,418)  1.88 
                   
Grand Total
 $1,246,342  $(226,259)  8.44% $1,743,080  $(342,320)  5.08%
                   
Table 44: PLMBS Security Types Delinquencies
                         
  March 31, 2010  December 31, 2009 
      Gross  Weighted-Average      Gross  Weighted-Average 
  Amortized  Unrealized  Collateral  Amortized  Unrealized  Collateral 
Private-label MBS Cost  (Losses)  Delinquency %1  Cost  (Losses)  Delinquency %1 
RMBS
                        
Prime
                        
Rated Triple A $280,667  $(2,557)  0.72% $308,639  $(4,499)  0.69%
Rated Double A  11,664      1.44   12,510      1.38 
Rated Single A  34,219   (773)  6.05   38,332   (1,000)  4.64 
Below Investment Grade  72,788   (1,846)  5.78   76,942   (2,301)  4.55 
                   
Total of RMBS Prime  399,338   (5,176)  2.14   436,423   (7,800)  1.75 
                   
Alt-A
                        
Rated Triple A  10,501   (838)  12.55   10,944   (938)  11.22 
                   
Total of RMBS  409,839   (6,014)  2.40   447,367   (8,738)  1.98 
                   
HEL
                        
Subprime
                        
Rated Triple A  195,317   (43,068)  19.21   204,356   (54,224)  18.26 
Rated Double A  89,837   (11,192)  6.45   91,074   (22,534)  10.96 
Rated Single A  45,312   (11,349)  16.65   46,792   (15,930)  16.32 
Rated Triple B  39,374   (12,177)  15.22   41,902   (15,798)  13.18 
Below Investment Grade  134,657   (38,936)  21.81   141,136   (43,332)  21.53 
                   
Total of HEL Subprime  504,497   (116,722)  17.76   525,260   (151,818)  17.40 
                   
Manufactured Housing Loans Subprime
                        
Rated Double A  103,020   (14,273)  2.09   202,278   (37,101)  3.64 
Rated Single A  92,680   (21,557)  4.48          
                   
Total of Manufactured Housing Loans Subprime  195,700   (35,830)  3.22   202,278   (37,101)  3.64 
                   
 
Grand Total
 $1,110,036  $(158,566)  9.67% $1,174,905  $(197,657)  9.28%
                   
   
1 Weighted-average collateral delinquency rate is determined based on the underlying loans that are 60 days or more past due. The reported delinquency percentage represents weighted-average based on the dollar amounts of the individual securities in the category and their respective delinquencies. Combined weighted-average collateral delinquency rates are calculated based on UPB amount.

 

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Mortgage Loans — Held-for-portfolio
Through the Mortgage Partnership Finance Program or MPF program, the FHLBNY invests in home mortgage loans held-for-portfoliooriginated by or through members or approved state and local housing finance agencies (“housing associates”). The FHLBNY purchases these mortgages loans under the Finance Agency’s Acquired Member Assets (“AMA”) regulation. These assets may include: whole loans eligible to secure advances (excluding mortgages above the conforming-loan limit); whole loans secured by manufactured housing; or bonds issued by housing associates.
Underwriting standards— Summarized below are the principal underwriting criteria for the Bank’s Mortgage Partnership Finance Program or MPF through which the Bank acquires mortgage loans for its own portfolio. For a fuller description of the MPF loan mortgage loan standards, refer to pages 8 though 17through 19 of the Bank’s most recent Form 10-K filed on March 27, 2009.25, 2010.
Mortgage loans delivered under the MPF Program must meet certain underwriting and eligibility requirements. Loans must be qualifying 5- to 30-year conforming conventional or Government fixed-rate, fully amortizing mortgage loans, secured by first liens on owner-occupied one-to-four family residential properties and single unit second homes. Not eligible for delivery under the MPF Program are mortgage loans that are not ratable by S&P, or loans that are classified as high cost, high rate, or high risk. Collectability of mortgage loans is supported by liens on real estate securing the loan. For conventional loans, defined as mortgage loans other than VA and FHA insured loans, additional loss protection is provided by private mortgage insurance required for MPF loans with a loan-to-value ratio of more than 80% at origination, which is paid for by the borrower. The FHLBNY is responsible for losses up to the “first loss level”. Losses beyond this layer are absorbed through credit enhancement provided by the member participating in the Mortgage Partnership Program. All residual credit exposure is FHLBNY’s responsibility. The amount of credit enhancement is computed with the use of a Standard & Poor’s model to bring a pool of uninsured loans to “AA” credit risk. The credit enhancement is an obligation of the member.
The following table provides a rollforward analysis ofroll-forward information with respect to the memo First Loss Account (in thousands):
                 
  Three months ended September 30,  Nine months ended September 30, 
  2009  2008  2009  2008 
 
Beginning balance
 $13,948  $13,328  $13,765  $12,947 
Additions  19   234   216   615 
Charge-offs     (20)  (14)  (20)
             
 
Ending balance
 $13,967  $13,542  $13,967  $13,542 
             
TheTable 45: Roll-Forward First Loss Account (“FLA”) memorializes
         
  Three months ended March 31, 
  2010  2009 
         
Beginning balance
 $13,934  $13,765 
Additions  27   83 
Resets*  (161)   
Charge-offs  (33)   
Recoveries      
       
Ending balance
 $13,767  $13,848 
       
*For the Original MPF, MPF 100, MPF 125 and MPF Plus products, the Credit Enhancement is periodically recalculated. If the recalculated Credit Enhancement would result in a PFI Credit Enhancement obligation lower than the remaining obligation, the PFI’s Credit Enhancement obligation will be reset to the new, lower level.
The aggregate amount of the first tier of credit exposureFirst Loss Account is memorialized and tracked but is neither an indication of inherent lossesrecorded nor reported as a credit loss reserve in the loan portfolio norFHLBNY’s financial statements. If “second losses” beyond this layer are incurred, they are absorbed through a loan loss reserve.
Mortgage insurer risk— Creditcredit enhancement is the obligation ofprovided by the Participating Financial Institution (“PFI”).Institutions. The PFI’s credit enhancement amount representsheld by PFIs ensures that the lender retains a contingent liability to pay the credit losses with respect tostake in the loans purchased byit originates. For managing this risk, Participating Financial Institutions receive monthly “credit enhancement fees” from the FHLBNY. In certain instances, the PFI is required under the MPF agreement to purchase supplemental mortgage insurance (“SMI”). The PFI may also require the borrower to purchase private mortgage insurance (“PMI”). Under the MPF program, all insurer providers are required to maintain a credit rating of double-A or better. If a PMI provider is downgraded, the FHLBNY may request the servicer to obtain replacement PMI coverage with a different provider. If a SMI provider is downgraded below a double-A rating, the PFI is required to replace the SMI policy or to provide its own undertaking equivalent to the SMI coverage. As of August 7, 2009, this requirement has been temporarily waived by the FHFA, the FHLBanks’ regulators, for a period of one year for existing loans and six months for new loans with certain conditions, including evaluation of the claims paying ability of SMI providers. This waiver recognizes the fact that currently there is no mortgage insurer that underwrites SMI is rated the second highest rating category or better by any Nationally Recognized Statistical Rating Organization (“NRSRO”).

 

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The FHLBNY has purchased certainMortgage loans for which— Past due
In the PFI has either purchased SMI or the borrower has purchased PMI from Mortgage Guaranty Insurance Corporation (“MGIC”). The amounts of such loans were not significant at September 30, 2009 or December 31, 2008. S&P rates MGIC as a double-B mortgage insurer.
The allowance for credit losses with respect to theFHLBNY’s outstanding mortgage loans held-for-portfolio, wasnon-performing loans and loans 90 days or more past due and accruing interest were as follows (in thousands):
                 
  Three months ended September 30,  Nine months ended September 30, 
  2009  2008  2009  2008 
                 
Beginning balance
 $2,760  $879  $1,406  $633 
Charge-offs     (4)  (14)  (4)
Provision for credit losses on mortgage loans  598   (31)  1,966   215 
             
 
Ending balance
 $3,358  $844  $3,358  $844 
             
Table 46: Mortgage Loans — Past Due
Nonperforming
         
  March 31, 2010  December 31, 2009 
         
Mortgage loans, net of provisions for credit losses $1,287,770  $1,317,547 
       
         
Non-performing mortgage loans held-for-portfolio $20,706  $16,007 
       
         
Mortgage loans past due 90 days or more and still accruing interest $470  $570 
       
Non-performing mortgage loans representwere conventional mortgage loans that arewere placed on non-accrual and nonperformingnon-accrual/non-performing status when the collection of the contractual principal or interest from the borrower iswas 90 days or more past due. LoansFHLBNY considers conventional loans (excluding Federal Housing Administration (“FHA”) and VeteransVeteran Administration (“VA”) insured loans) that are 90 days or more past due are considered as non-accrual. Other than the non-accrual loans. FHA and VA insured loans no mortgage loans or advancesthat were impaired at September 30, 2009 or December 31, 2008.
Nonperforming mortgage loans and mortgage loanspast due 90 days or more past duewere not significant at any period reported, and interest was still accruingbeing accrued because of VA and FHA insurance. No loans were as follows (in thousands):impaired at March 31, 2010 or December 31, 2009, other than the non-accrual loans.
         
  September 30, 2009  December 31, 2008 
         
Mortgage loans, net of provisions for credit losses $1,336,228  $1,457,885 
       
 
Non-performing mortgage loans held-for-portfolio $12,642  $4,792 
       
 
Mortgage loans past due 90 days or more and still accruing interest $697  $507 
       
Mortgage loans — Interest on Non-performing loans
The FHLBNY’s interest contractually due and actually received for nonperforming mortgagenon-performing loans held-for-portfolio waswere as follows (in thousands):
                 
  Three months ended September 30,  Nine months ended September 30, 
  2009  2008  2009  2008 
                 
Interest contractually due1
 $200  $54  $505  $122 
Interest actually received  179   46   452   102 
             
 
Shortfall $21  $8  $53  $20 
             
Table 47: Mortgage Loans — Interest Short-Fall
         
  Three months ended March 31, 
  2010  2009 
         
Interest contractually due1
 $310  $112 
Interest actually received  279   98 
       
         
Shortfall $31  $14 
       
   
1 The Bank does not recognize interest received as income from uninsured loans past due 90-days or greater.
Table 48: Mortgage Loans — Allowance for Credit Losses
         
  Three months ended March 31, 
  2010  2009 
         
Beginning balance
 $4,498  $1,405 
Charge-offs  (33)   
Recoveries  5    
Provision for credit losses on mortgage loans  709   443 
       
Ending balance
 $5,179  $1,848 
       

 

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Derivative Participating Financial Institution Risk
The members or housing associates that are approved as Participating Financial Institutions continue to bear a significant portion of the credit risk through credit enhancements that they provide to the FHLBNY. The Acquired Member Assets regulation requires that these credit enhancements be sufficient to protect the FHLBNY from excess credit risk exposure. Specifically, the FHLBNY exposure must be no greater than it would be with an asset rated in the fourth-highest credit rating category by a Nationally Recognized Statistical Rating Organization, or such higher rating category as the FHLBNY may require. The MPF program is constructed to provide the Bank with assets that are credit-enhanced to the second-highest credit rating category (double-A).
The top five Participating Financial Institutions (PFI) and the outstanding MPF loan balances are listed below (dollars in thousands):
Table 49: Top Five Participating Financial Institutions — Concentration
         
  March 31, 2010 
  Mortgage  Percent of Total 
  Loans  Mortgage Loans 
         
Manufacturers and Traders Trust Company $585,317   45.52%
Astoria Federal Savings and Loan Association  210,457   16.37 
Elmira Savings and Loan F.A.  58,782   4.57 
Ocean First Bank  50,053   3.89 
CFCU Community Credit Union  41,830   3.26 
All Others  339,325   26.39 
       
         
Total1
 $1,285,764   100.00%
       
         
  December 31, 2009 
  Mortgage  Percent of Total 
  Loans  Mortgage Loans 
         
Manufacturers and Traders Trust Company $607,072   46.17%
Astoria Federal Savings and Loan Association  220,268   16.75 
Elmira Savings and Loan F.A.  61,663   4.69 
Ocean First Bank  51,277   3.90 
CFCU Community Credit Union  42,344   3.22 
All Others  332,304   25.27 
       
         
Total1
 $1,314,928   100.00%
       
Note1Totals do not include CMA loans.
Credit Risk Exposure on MPF Loans — Mortgage insurer default risk
Credit risk on MPF loans is the potential for financial loss due to borrower default or depreciation in the value of the real estate collateral securing the MPF Loan, offset by the PFI’s credit enhancement protection, which may take the form of a contingent performance based credit enhancement fees as well as the credit enhancement amount. The credit enhancement amount is a direct liability of the PFI to pay credit losses; the PFI may also arrange with an insurer for a SMI policy insuring a portion of the credit losses. To the extent credit losses are not recoverable from PMI, the FHLBNY has potential credit exposure should the loan default and the PFI directly or indirectly is unable to recover credit losses.

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The MPF Program uses certain mortgage insurance companies to provide both primary mortgage insurance (“PMI”) and supplemental mortgage insurance (“SMI”) for MPF loans. The FHLBNY is exposed to the performance of mortgage insurers to the extent PFI’s rely on insurer credit protection. Credit exposure is defined as the total of PMI and SMI coverage written by a mortgage insurer on MPF loans held by FHLBNY that are delinquent.
All mortgage insurance providers have had their external ratings for insurer financial strength downgraded below AA- by one or more NRSROs since December 31, 2008. If a mortgage insurer fails to fulfill its obligations, the FHLBNY may bear any remaining loss of the borrowers’ default on the related mortgage loans not covered by the PFI.
The FHLBNY has stopped accepting new loans under master commitments with SMI from mortgage insurers that no longer meet MPF insurer requirements. If an SMI provider is downgraded below an “AA-” rating under the MPF Plus product, the PFI has six months to either replace the SMI policy or provide its own undertaking; or it may forfeit its performance based CE Fees. If a PMI provider is downgraded, the FHLBNY may request the servicer to obtain replacement PMI coverage with a different provider. However, it is possible that replacement coverage may be unavailable or result in additional cost to the FHLBNY.
Derivative counterparty ratings
The FHLBNY is subject to credit risk due to the risk of nonperformance by counterparties to the derivative agreements. The FHLBNY transacts most of its derivatives with large banks and major broker-dealers. Some of these banks and broker-dealers or their affiliates buy, sell, and distribute consolidated obligations. The FHLBNY is also subject to operational risks in the execution and servicing of derivative transactions. The degree of counterparty credit risk may depend, among other factors, on the extent to which netting procedures and/or the provision of collateral are used to mitigate the risk. The FHLBNY manages counterparty credit risk through credit analysis and collateral requirements and by following the requirements set forth in Finance Agency’s regulations. The contractual or notional amount of derivatives reflects the involvement of the FHLBNY in the various classes of financial instruments, but it does not measure the credit risk exposure of the FHLBNY, and the maximum credit exposure of the FHLBNY is substantially less than the notional amount. The maximum credit risk is the estimated cost of replacing derivatives in favorable fair value gain positions if the counterparty defaults and the related collateral, if any, is of insufficient value to the FHLBNY.
The FHLBNY uses collateral agreements to mitigate counterparty credit risk in derivatives. When the FHLBNY has more than one derivative transaction outstanding with a counterparty, and a legally enforceable master netting agreement exists with the counterparty, the exposure, less collateral held, represents the appropriate measure of credit risk. Substantially all derivative contracts are subject to master netting agreements or other right of offset arrangements.

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The following table summarizes the FHLBNY’s credit exposure by counterparty credit rating (in thousands, except number of counterparties).
                 
  September 30, 2009 
          Total Net    
  Number of  Notional  Exposure at  Net Exposure (3) 
Credit Rating Counterparties  Balance  Fair Value  after Cash Collateral 
                 
AAA  1  $14,153,165  $  $ 
AA  6   29,922,203       
A  8   90,491,420       
Members (Notes 1 and 2)  2   140,000   9,092   9,092 
Delivery Commitments      11,843       
             
                 
Total
  17  $134,718,631  $9,092  $9,092 
             
Table 50: Credit Exposure by Counterparty Credit Rating
                 
  March 31, 2010 
          Total Net    
  Number of  Notional  Exposure at  Net Exposure after 
Credit Rating Counterparties  Balance  Fair Value  Cash Collateral3 
                 
AAA    $  $  $ 
AA  8   47,643,192   2,173   2,173 
A  8   79,067,292       
Members (Note1 and Note2)
  2   165,000   7,073   7,073 
Delivery Commitments     3,249       
             
                 
Total
  18  $126,878,733  $9,246  $9,246 
             
                 
  December 31, 2009 
          Total Net    
  Number of  Notional  Exposure at  Net Exposure after 
Credit Rating Counterparties  Balance  Fair Value  Cash Collateral3 
                 
AAA    $  $  $ 
AA  7   45,652,167   684   684 
A  8   88,711,243       
Members (Note1 and Note2)
  2   160,000   7,596   7,596 
Delivery Commitments     4,210       
             
                 
Total
  17  $134,527,620  $8,280  $8,280 
             
                 
  December 31, 2008 
          Total Net    
  Number of  Notional  Exposure at  Net Exposure (3) 
Credit Rating Counterparties  Balance  Fair Value  after Cash Collateral 
                 
AAA  1  $9,167,456  $  $ 
AA  6   39,939,946       
A  7   78,656,536   64,890   3,681 
Members (Notes 1 and 2)  3   150,000   16,555   16,555 
Delivery Commitments     10,395       
             
                 
Total
  17  $127,924,333  $81,445  $20,236 
             
Note 1:1: Fair values of $9.1$7.1 million and $16.6$7.6 million comprising of intermediated transactions with members and interest-rate caps sold to members (with capped floating-rate advances) were collateralized at September 30, 2009March 31, 2010 and December 31, 2008.2009.
Note 2:2: 
The FHLBNY’s loan and collateral agreements with its members give the FHLBNY a security interest in the obligations of members, whoMembers are required to pledge collateral to secure advances and derivatives purchased by the FHLBNY as an intermediary on behalf of its members. The FHLBNY has also established collateral maintenance levels that are intended to help ensure that the FHLBNY has sufficient collateral to cover credit extensions and reasonable expenses arising from potential collateral liquidation and other unknown factors. Eligible collateral includes: (1) one-to-four-family and multi-family mortgages; (2) U.S. Treasury and government-agency securities; (3) mortgage-backed securities; and (4) certain other collateral which is real estate-related and has a readily ascertainable value, and in which the FHLBNY can perfect a security interest.
As a result of the loan and collateral agreements with its members, the FHLBNY believes that its maximum credit exposure due to the intermediated transactions was $0 at September 30, 2009March 31, 2010 and December 31, 2008.2009.
Note 3:3: 
As reported in the Statements of Condition.

159


Risk measurement— Although notional amount is a commonly used measure of volume in the derivatives market, it is not a meaningful measure of market or credit risk since derivative counterparties do not exchange the notional amount (except in the case of foreign currency swaps of which the FHLBNY has none). Counterparties use the notional amounts of derivative instruments to calculate contractual cash flows to be exchanged. The fair value of a derivative in a gain position is a more meaningful measure of the FHLBNY’s current market exposure on derivatives. The FHLBNY estimates exposure to credit loss on derivative instruments by calculating the replacement cost, on a present value basis, to settle at current market prices all outstanding derivative contracts in a gain position, net of collateral pledged by the counterparty to mitigate the FHLBNY’s exposure. All derivative contracts with non-members are also subject to master netting agreements or other right of offset arrangements.
ExposureAt September 30, 2009, the FHLBNY’s credit risk was $9.1 million after recognition of cash collateral held by the FHLBNY. The comparable exposure was $20.2 million at December 31, 2008. In determining credit risk, the FHLBNY considers accrued interest receivable and payable, and the legal right to offset assets and liabilities by counterparty. The FHLBNY attempts to mitigate its exposure by requiring derivative counterparties to pledge cash collateral, if the amount of exposure is above the collateral threshold agreements. At September 30,March 31, 2010 and December 31, 2009, the fair values of derivatives in a gain position were below the threshold and derivative counterparties pledged no cash to the FHLBNY.

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At March 31, 2010 and December 31, 2008, derivative counterparties had pledged $61.2 million in cash as collateral to the FHLBNY.
At September 30, 2009, the FHLBNY had posted $2.5$2.2 billion in cash as collateral to derivative counterparties to mitigate derivatives in a net fair value liability (unfavorable) position. The FHLBNY is exposed to the extent that a counterparty may not re-pay the posted cash collateral to the FHLBNY under unforeseen circumstances, such as bankruptcy; in such an event the FHLBNY would then exercise its rights under the “International Swaps and Derivatives Association agreement” (“ISDA”) to replace the derivatives in a liability position (gain position for the acquiring counterparty) with another available counterparty in exchange for cash delivered to the FHLBNY. To the extent that the fair values of the replacement derivatives are less than the cash collateral posted, the FHLBNY may not receive cash equal to the amount posted received.posted.
Derivative counterparty ratings—The Bank’s credit exposures at September 30,March 31, 2010 and December 31, 2009, in a gain position, were primarily to member institutions on whose behalf the FHLBNY had acted as an intermediary or had sold interest rate caps, at the request of members, to create capped floating rate advance borrowings. The exposures were collateralized under standard collateral agreements with the FHLBNY’s member. Acting as an intermediary, the Bank had also purchased equivalent notional amounts of derivatives from unrelated derivative counterparties.
Risk mitigation— The FHLBNY attempts to mitigate derivative counterparty credit risk by contracting only with experienced counterparties with investment-grade credit ratings. Annually, the FHLBNY’s management and Board of Directors review and approve all non-member derivative counterparties. Management monitors counterparties on an ongoing basis for significant business events, including ratings actions taken by nationally recognized statistical rating organizations. All approved derivatives counterparties must enter into a master ISDA agreement with the FHLBNY and, in addition, execute the Credit Support Annex to the ISDA agreement that provides for collateral support at predetermined thresholds. These annexes contain enforceable provisions for requiring collateral on certain derivative contracts that are in gain positions. The annexes also define the maximum net unsecured credit exposure amounts that may exist before collateral delivery is required. Typically, the maximum amount is based upon an analysis of individual counterparty’s rating and exposure. The FHLBNY also attempts to manage counterparty credit risk through credit analysis, collateral management and other credit enhancements, such as guarantees, and by following the requirements set forth in the Finance Agency’s regulations.

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Despite these risk mitigating policies and processes, on September 15, 2008, an event of default occurred under outstanding derivative contracts with total notional amounts of $16.5 billion between Lehman Brothers Special Financing Inc. (“LBSF”) and the FHLBNY when credit support provider Lehman Brothers Holdings Inc. commenced a filing under Chapter 11 of the U.S. Bankruptcy Code on September 15, 2008. The Bank had deposited $509.6 million with LBSF as cash collateral. Since the default, the FHLBNY has replaced most of the derivatives that had been executed between LBSF and the FHLBNY through new agreements with other derivative counterparties. The Lehman bankruptcy proceedings are ongoing.

163


Commitments, Contingencies and Off-Balance Sheet Arrangements
Consolidated obligations — Joint and several liability
Although the Bank is primarily liable only for its portion of consolidated obligations (i.e., those consolidated obligations issued on its behalf and those that have been transferred/assumed from other FHLBanks), it is also jointly and severally liable with the other FHLBanks for the payment of principal and interest on all of the consolidated obligations issued by the FHLBanks.
The Finance Agency, in its discretion, may require any FHLBank to make principal or interest payments due on any consolidated obligation, regardless of whether there has been a default by a FHLBank having primary liability. To the extent that a FHLBank makes any payment on a consolidated obligation on behalf of another FHLBank, the paying FHLBank shall be entitled to reimbursement from the FHLBank with primary liability. The FHLBank with primary liability would have a corresponding liability to reimburse the FHLBank providing assistance to the extent of such payment and other associated costs (including interest to be determined by the Finance Agency). However, if the Finance Agency determines that the primarily liable FHLBank is unable to satisfy its obligations, then the Finance Agency may allocate the outstanding liability among the remaining FHLBanks on a pro rata basis in proportion to each FHLBank’s participation in all consolidated obligations outstanding, or on any other basis that the Finance Agency may determine. No FHLBank has ever failed to make a payment on a consolidated obligation for which it was the primary obligor; as a result, the regulatory provisions for directing other FHLBanks to make payments on behalf of another FHLBank or allocating the liability among other FHLBanks have never been invoked. Consequently, the Bank has no means to determine how the Finance Agency might allocate among the other FHLBanks the obligations of a FHLBank that is unable to pay consolidated obligations for which such FHLBank is primarily liable. In the event the Bank is holding a consolidated obligation as an investment for which the Finance Agency would allocate liability among the 12 FHLBanks, the Bank might be exposed to a credit loss to the extent of its share of the assigned liability for that particular consolidated obligation (the Bank did not hold any consolidated obligations of other FHLBanks as investments at March 31, 2010 and December 31, 2009). If principal or interest on any consolidated obligation issued by the FHLBank System is not paid in full when due, the Bank may not pay dividends to, or repurchase shares of stock from, any shareholder of the Bank.
Although the FHLBNY is primarily liable for those consolidated obligations issued on its behalf, it is also jointly and severally liable with the other FHLBanks for the payment of principal and interest on the consolidated obligations of all the FHLBanks. If the principal or interest on any consolidated obligation issued on behalf of the FHLBNY is not paid in full when due, the FHLBNY may not pay dividends to, or redeem or repurchase shares of stock from, any member or non-member stockholder until the Finance Agency approves the FHLBNY’s consolidated obligation payment plan or another remedy, and until the FHLBNY pays all the interest and principal currently due under all its consolidated obligations. The par amounts of the outstanding consolidated obligations of all 12 FHLBanks were $0.9 trillion at March 31, 2010 and December 31, 2009.

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Because the FHLBNY is jointly and severally liable for debt issued by other FHLBanks, the FHLBNY has not identified consolidated obligations outstanding by primary obligor. The FHLBNY does not believe that the identification of particular banks as the primary obligors on these consolidated obligations is relevant because all FHLBanks are jointly and severally obligated to pay all consolidated obligations. The identity of the primary obligor does not affect the FHLBNY’s investment decisions. The FHLBNY’s ownership of consolidated obligations in which other FHLBanks are primary obligors does not affect the FHLBNY’s “guarantee” on consolidated obligations as there is no automatic legal right of offset. Even if the FHLBNY were to claim an “offset,” the FHLBNY would still be jointly and severally obligated for any debt service shortfall caused by the FHLBanks’ failure to pay.
Off-balance sheet arrangements with respect to derivatives are discussed in detail in Note 16 to the unaudited financial statements in this report.

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The following table summarizes contractual obligations and other commitments as of March 31, 2010 (in thousands):
Table 51: Contractual Obligations and Other Commitments
(For more information, see Note 18 to the unaudited financial statements in this report.)
                     
  March 31, 2010 
  Payments due or expiration terms by period 
  Less than  One year  Greater than three  Greater than    
  one year  to three years  years to five years  five years  Total 
Contractual Obligations                    
Consolidated obligations-bonds at par1
 $36,813,050  $25,161,775  $6,850,550  $2,878,050  $71,703,425 
Mandatorily redeemable capital stock1
  81,360   16,762   2,114   4,956   105,192 
Premises (lease obligations)2
  3,060   6,202   5,191   5,843   20,296 
                
                     
Total contractual obligations  36,897,470   25,184,739   6,857,855   2,888,849   71,828,913 
                
 
Other commitments                    
Standby letters of credit  772,638   10,589   17,016   3,861   804,104 
Consolidated obligations-bonds/ discount notes traded not settled  2,517,000            2,517,000 
Firm commitment-advances  160,228            160,228 
MBS purchase  174,048            174,048 
Open delivery commitments (MPF)  3,249            3,249 
                
                     
Total other commitments  3,627,163   10,589   17,016   3,861   3,658,629 
                
                     
Total obligations and commitments
 $40,524,633  $25,195,328  $6,874,871  $2,892,710  $75,487,542 
                
1Callable bonds contain exercise date or a series of exercise dates that may result in a shorter redemption period. Mandatorily redeemable capital stock is categorized by the dates at which the corresponding advances outstanding mature. Excess capital stock is redeemed at that time, and hence, these dates better represent the related commitments than the put dates associated with capital stock, under which stock may not be redeemed until the later of five years from the date the member becomes a nonmember or the related advance matures.
2Immaterial amount of commitments for equipment leases are not included.

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Liquidity
The FHLBNY’s primary source of liquidity is the issuance of consolidated obligation bonds and discount notes. To refinance maturing consolidated obligations, the Bank relies on the willingness of the investors to purchase new issuances. The FHLBNY has access to the discount note market and the efficiency of issuing discount notes is an important factor as a source of liquidity since discount notes can be issued any time and in a variety of amounts and maturities. Member deposits and capital stock purchased by members are another source of funds. Short-term unsecured borrowings from other FHLBanks and in the Federal funds market provide additional sources of liquidity. With the passage of the Housing Act on July 30, 2008, the U.S. Treasury wasis authorized to purchase obligations issued by the FHLBanks, in any amount deemed appropriate by the U.S. Treasury. This temporary authorization expiresexpired December 31, 2009 and supplementssupplemented the existing facilitylimit of $4 billion. See Note 17 — Commitments and Contingencies18 to the unaudited financial statements accompanying this report for more informationdiscussion of the U.S. Treasury’s establishment of the Government Sponsored Enterprise Credit Facility (GSECF), which iswas designed to serve as a contingent source of liquidity for the FHLBanks via issuance of consolidated obligations to the U.S. Treasury.
The FHLBNY’s liquidity position remains in compliance with all regulatory requirements and itmanagement does not foresee any changes to that position.
Finance Agency Regulations — Liquidity
Beginning December 1, 2005, with the implementation of the Bank’s Capital Plan, the Financial Management Policy rules of the Finance Agency with respect to liquidity were superseded by regulatory requirements that are specified in Parts 917 and 965 of Finance Agency regulations and are summarized below.
Each FHLBank shall at all times have at least an amount of liquidity equal to the current deposits received from its members that may be invested in:
Obligations of the United States;
Deposits in banks or trust companies; or
Advances with a maturity not to exceed five years.
Obligations of the United States;
Deposits in banks or trust companies; or
Advances with a maturity not to exceed five years.
In addition, each FHLBank shall provide for contingency liquidity which is defined as the sources of cash an FHLBank may use to meet its operational requirements when its access to the capital markets is impeded. The FHLBNY met its contingency liquidity requirements and liquidity in excess of requirements is summarized in the table titled Contingency Liquidity.
Violations of the liquidity requirements would invokeresult in non-compliance penalties under discretionary powers given to the Finance Agency under applicable regulations, which would include other corrective actions.

 

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Liquidity Management
The FHLBNY actively manages its liquidity position to maintain stable, reliable, and cost-effective sources of funds, while taking into account market conditions, member demand, and the maturity profile of the FHLBNY’s assets and liabilities. The FHLBNY recognizes that managing liquidity is critical to achieving its statutory mission of providing low-cost funding to its members. In managing liquidity risk, the BankFHLBNY is required to maintain certain liquidity measures in accordance with the FHLBank Act and policies developed by the FHLBNY management asand approved by the FHLBNY’s Board of Directors.
The specific liquidity requirements applicable to the FHLBNY are described in the next threefour sections:
Deposit Liquidity.Liquidity.The FHLBNY is required to invest an aggregate amount at least equal to the amount of current deposits received from the FHLBNY’s members inin: (1) obligations of the U.S. government; (2) deposits in banks or trust companies; or (3) advances to members with maturities not exceeding five years. In addition to accepting deposits from its members, the FHLBNY may accept deposits from any other FHLBank or from any other governmental instrumentality. The FHLBNY met these requirements for all periods reported.
Deposit liquidity is calculated daily. Quarterly average reserve requirements and actual reserves are summarized below (in millions):. The FHLBNY met its requirements at all times.
             
  Average Deposit  Average Actual    
For the quarters ended Reserve Required  Deposit Liquidity  Excess 
September 30, 2009 $2,189  $55,890  $53,701 
June 30, 2009  2,190   57,886   55,696 
March 31, 2009  1,753   63,267   61,514 
December 31, 2008  2,022   66,246   64,224 
Table 52: Deposit Liquidity
             
  Average Deposit  Average Actual    
For the quarters ended Reserve Required  Deposit Liquidity  Excess 
March 31, 2010 $5,032  $51,987  $46,955 
December 31, 2009  2,364   53,089   50,725 
Operational Liquidity. The FHLBNY must be able to fund its activities as its balance sheet changes from day-to-day.day to day. The FHLBNY maintains the capacity to fund balance sheet growth through its regular money market and capital market funding activities. Management monitors the Bank’s operational liquidity needs by regularly comparing the Bank’s demonstrated funding capacity with its potential balance sheet growth. Management then takes such actions as may be necessary to maintain adequate sources of funding for such growth.
Operational liquidity is measured daily. The FHLBNY met thesethe requirements forat all periods reported.

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times. The following table summarizes excess operational liquidity (in millions):
             
  Average Balance Sheet  Average Actual    
For the quarters ended Liquidity Requirement  Operational Liquidity  Excess 
September 30, 2009 $18,348  $22,205  $3,857 
June 30, 2009  11,925   25,904   13,979 
March 31, 2009  9,543   20,893   11,350 
December 31, 2008  8,226   14,827   6,601 
Table 53: Operational Liquidity
             
  Average Balance Sheet  Average Actual    
For the quarters ended Liquidity Requirement  Operational Liquidity  Excess 
March 31, 2010 $2,283  $15,796  $13,513 
December 31, 2009  6,710   16,388   9,678 
Contingency Liquidity.Liquidity.The FHLBNY is required by Finance Agency regulations to hold “contingency liquidity” in an amount sufficient to meet its liquidity needs if it is unable, by virtue of a disaster, to access the consolidated obligation debt markets for at least five business days. Contingency liquidity includes:includes (1) marketable assets with a maturity of one year or less; (2) self-liquidating assets with a maturity of one year or less; (3) assets that are generally acceptable as collateral in the repurchase market; and (4) irrevocable lines of credit from financial institutions receiving not less than the second-highest credit rating from a nationally recognized statistical rating organization. The FHLBNY consistently exceeded the regulatory minimum requirements for contingency liquidity.

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Contingency liquidity is reported daily. The FHLBNY met thesethe requirements forat all periods reported.
times. The following table summarizes excess contingency liquidity (in millions):
             
  Average Five Day  Average Actual    
For the quarters ended Requirement  Contingency Liquidity  Excess 
September 30, 2009 $2,962  $16,676  $13,714 
June 30, 2009  11,877   21,030   9,153 
March 31, 2009  7,443   18,709   11,266 
December 31, 2008  4,727   12,930   8,203 
Table 54: Contingency Liquidity
             
  Average Five Day  Average Actual    
For the quarters ended Requirement  Contingency Liquidity  Excess 
March 31, 2010 $2,424  $15,463  $13,039 
December 31, 2009  2,188   15,309   13,121 
The FHLBNY sets standards in its risk management policy that address its day-to-day operational and contingency liquidity needs. These standards enumerate the specific types of investments to be held by the FHLBNY to satisfy such liquidity needs and are outlined above. These standards also establish the methodology to be used by the FHLBNY in determining the FHLBNY’s operational and contingency needs. Management continually monitors and projects the FHLBNY’s cash needs, daily debt issuance capacity, and the amount and value of investments available for use in the market for repurchase agreements. Management uses this information to determine the FHLBNY’s liquidity needs and to develop appropriate liquidity plans.
Other Liquidity Contingencies. As discussed more fully under the section Debt Financing - Consolidated Obligations, the FHLBNY is primarily liable for consolidated obligations issued on its behalf. The FHLBNY is also jointly and severally liable with the other FHLBanks for the payment of principal and interest on the consolidated obligations of all the FHLBanks. If the principal or interest on any consolidated obligation issued on behalf of the FHLBNY is not paid in full when due, the following rules apply: the FHLBNY may not pay dividends to, or redeem or repurchase shares of stock of any member or non-member stockholder until the Finance Agency approves the FHLBNY’s consolidated obligation payment plan or other remedy and until the FHLBNY pays all the interest or principal currently due on all its consolidated obligations. The Finance Agency, at its discretion, may require any FHLBank to make principal or interest payments due on any consolidated obligations. The par amount of the outstanding consolidated obligations of all 12 FHLBanks was $0.9 trillion at March 31, 2010 and December 31, 2009. The FHLBNY does not believe that it will be called upon to pay the consolidated obligations of another FHLBank in the future.
Finance Agency regulations also state that the FHLBanks must maintain, free from any lien or pledge, the following types of assets in an amount at least equal to the amount of consolidated obligations outstanding:
Cash;
Obligations of, or fully guaranteed by, the United States;
Secured advances;
Mortgages that have any guaranty, insurance, or commitment from the United States or any agency of the United States;
Investments described in section 16(a) of the FHLBank Act, including securities that a fiduciary or trust fund may purchase under the laws of the state in which the FHLBank is located; and
Other securities that are rated Aaa by Moody’s or AAA by Standard & Poor’s.

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Leverage Limits and Unpledged Asset Requirements
The FHLBNY met the Finance Agency’s requirement that unpledged assets, to debt requirementsas defined under regulations, exceed the total of consolidated obligations as follows (in thousands):
Table 55: Unpledged Assets
         
  March 31, 2010  December 31, 2009 
Consolidated Obligations:        
Bonds $72,408,203  $74,007,978 
Discount Notes  19,815,956   30,827,639 
       
         
Total consolidated obligations  92,224,159   104,835,617 
       
         
Unpledged assets        
Cash  1,167,824   2,189,252 
Less: Member pass-through reserves at the FRB  (31,200)  (29,331)
Secured Advances 2
  88,858,753   94,348,751 
Investments1
  15,561,254   16,222,615 
Mortgage loans  1,287,770   1,317,547 
Accrued interest receivable on advances and investments  320,730   340,510 
Less: Pledged Assets  (3,497)  (2,045)
       
   107,161,634   114,387,299 
       
Excess unpledged assets
 $14,937,475  $9,551,682 
       
1The Bank pledged $3.5 million and $2.0 million at March 31, 2010 and December 31, 2009 to the FDIC. See Note 4- Held-to-maturity securities.
2The Bank also provided to the U.S. Treasury a listing of $0 and $10.3 billion in advances with respect to a lending agreement at March 31, 2010 and December 31, 2009. See Note 18- Commitments and Contingencies.
Finance Agency regulations require the FHLBanks to maintain, in the aggregate, unpledged qualifying assets equal to the consolidated obligations outstanding. Qualifying assets are defined as:as cash; secured advances; assets with an assessment or rating at least equivalent to the current assessment or rating of the consolidated obligations; obligations, participations, mortgages, or other securities of or issued by the United States or an agency of the United States; and such securities in which fiduciary and trust funds may invest under the laws of the state in which the FHLBank is located.
The FHLBNY met the qualifying unpledged asset requirements in eachPurchases of the periods reported as follows (in thousands):
         
  September 30, 2009  December 31, 2008 
Consolidated Obligations:        
Bonds $69,670,836  $82,256,705 
Discount Notes  38,385,244   46,329,906 
       
Total consolidated obligations  108,056,080   128,586,611 
       
         
Unpledged assets        
Cash  1,189,158   18,899 
Less: Member pass-through reserves at the FRB  (27,125)  (31,003)
Secured Advances 1
  95,944,732   109,152,876 
Investments1
  18,740,856   26,364,661 
Mortgage loans  1,336,228   1,457,885 
Accrued interest receivable on advances and investments  354,934   492,856 
Less: Pledged Assets  (2,178)  (2,669)
       
   117,536,605   137,453,505 
       
Excess unpledged assets
 $9,480,525  $8,866,894 
       
1At September 30, 2009, the Bank pledged $2.2 million to the FDIC see Note 4- Held-to-maturity securities. The Bank also provided to the U.S. Treasury a listing of $17.8 billion in advances with respect to a lending agreement. See Note 17 — Commitments and Contingencies.

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Mortgage investment authorityMBS
.Finance Agency investment regulations limit the holdingpurchase of mortgage-backed securities to 300% of capital. The FHLBNY was in compliance with the regulations forregulation at all periods reported.times.
                 
  September 30, 2009  December 31, 2008 
  Actual  Limits  Actual  Limits 
                 
Mortgage securities investment authority1
  207%  300%  207%  300%
             
Table 56: FHFA MBS Limits
                 
  March 31, 2010  December 31, 2009 
  Actual  Limits  Actual  Limits 
                 
Mortgage securities investment authority1
  213%  300%  213%  300%
             
   
1 The measurement date is on a one-month “look-back” basis.
On March 24, 2008, the Board of Directors of the Federal Housing Finance Board (Finance Board)(“Finance Board”), the predecessor ofto the Finance Agency, adopted Resolution 2008-08, which temporarily expandedexpands the authority of a FHLBank to purchase mortgage-backed securities (“MBS”) under certain conditions. The resolution allows an FHLBank to increase its investments in MBS issued by Fannie Mae and Freddie Mac by an amount equal to three times its capital, which is to be calculated in addition to the existing Financial Management Policyregulatory limit. The expanded authority would permit MBS to be as much as 600% of the FHLBNY’s capital.

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All mortgage loans underlying any securities purchased under this expanded authority must be originated after January 1, 2008. The Finance Board the predecessor of the Finance Agency, believesbelieved that such loans are generally of higher credit quality than loans originated at an earlier time, particularly in 2005 and 2006. The loans underlying any Fannie Mae and Freddie Mac issued MBS acquired pursuant to the new authority must be underwritten to conform to standards imposed by the federal banking agencies in the “Interagency Guidance on Nontraditional Mortgage Product Risks”dated October 4, 2006 and the “Statement on Subprime Mortgage Lending”dated July 10, 2007.
The credit ratingsFHLBank must notify the Finance Agency of its intention to exercise the new authority (Resolution 2008-08) at least 10 business days in advance of its first commitment to purchase additional Agency MBS. Currently, the Bank has not notified or exercised Resolution 2008-08, therefore no separate calculation was required.
Rating actions with respect to the FHLBNY and changes thereof were as follows at September 30, 2009.are outlined below:
Long Term:Table 57: FHLBNY Ratings
Moody’s Investors ServiceS & P
YearOutlookRatingLong-Term OutlookRating
2009June 19, 2009 - AffirmedAaa/StableJuly 13, 2009Long-Term rating affirmedoutlook stableAAA/Stable
February 2, 2009 - AffirmedAaa/Stable
2008October 29, 2008 - AffirmedAaa/StableJune 16, 2008Long-Term rating affirmedoutlook stableAAA/Stable
April 17, 2008 - AffirmedAaa/Stable
Short Term:Short-Term Ratings:
           
  Moody’s Investors Service S & P
Year Outlook Rating Short-Term Outlook Rating
2009 June 19, 2009 - Affirmed P-1 July 13, 2009 Short-Term rating affirmed A-1+
  
February 2, 2009 - Affirmed P-1
      
2008 October 29, 2008 - Affirmed P-1 June 16, 2008 Short-Term rating affirmed A-1+
  April 17, 2008 - Affirmed P-1      
Long-Term Ratings:
Moody’s Investors ServiceS & P
YearOutlookRatingLong-Term OutlookRating
2009June 19, 2009 - AffirmedAaa/StableJuly 13, 2009Long-Term rating affirmedoutlook stableAAA/Stable
February 2, 2009 - AffirmedAaa/Stable
2008October 29, 2008 - AffirmedAaa/StableJune 16, 2008Long-Term rating affirmedoutlook stableAAA/Stable
April 17, 2008 - AffirmedAaa/Stable

 

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Legislative and Regulatory Developments
Limits on Investments in Mortgage-backed securities.On May 4, 2010, the Federal Housing Finance Agency Examination Guidance—Examination(“Finance Agency”) issued a proposed rule to re-organize and re-adopt existing investment regulations that apply to the Federal Home Loan Banks. The proposed rule seeks to consolidate all authority for Accounting Practices.investments and other transactions into a single section. Comments on this proposed rule are due on or before July 6, 2010.
Board of Directors of FHLBank System Office of Finance.On October 27, 2009,May 3, 2010, the Finance Agency issued examination guidance and standards,a final rule which are effective immediately, relating to the accounting practices (Examination Guidance) of Fannie Mae, Freddie Mac and the FHLBanks (collectively, the Housing GSEs), consistent with the safety and soundness responsibilities of the Finance Agency. The areas addressed by the Examination Guidance include: 1) accounting policies and procedures; 2) Audit Committee; 3) independent internal audit function; 4) accounting staff; 5) financial statements; 6) external auditor; and 7) review of audit and accounting functions. This Examination Guidance is not intended to be in conflict with statutes, regulations, and/or GAAP. Additionally, this Examination Guidance is not intended to relieve or minimize the decision-making responsibilities, or regulated duties and responsibilities of a Housing GSE’s management, Board of Directors or Committees thereof.
Principles for Executive Compensation at the FHLBanks and Office of Finance.On October 27, 2009, the Finance Agency issued Advisory Bulletin 2009-AB-02, which is effective immediately, outlining five guiding principles for sound incentive compensation practices to which the FHLBanks and the Office of Finance should adhere in setting executive compensation policies and practices. These principles are: 1) executive compensation must be reasonable and comparable to that offered to executives in similar positions at other comparable financial institutions; 2) executive incentive compensation should be consistent with sound risk management and preservation of the par value of the FHLBank’s capital stock; 3) a significant percentage of an executive’s incentive-based compensation should be tied to longer-term performance and outcome-indicators; 4) a significant percentage of an executive’s incentive-based compensation should be deferred and made contingent upon performance over several years; and 5)reconstitutes the board of directors of eachthe FHLBank and theSystem’s (System) Office of Finance should promote accountability(OF) and transparencyenhances the responsibility of the OF audit committee for the System’s combined financial reports. Under the new rule, the OF board of directors will expand from the current three members to 17 members. The composition of the new board of directors will include the president of each FHLBank, as well as five independent directors. Each independent director must be a United States citizen with no material financial relationship to the System. The final rule also provides that the five independent directors will serve as the OF audit committee and gives the OF audit committee increased authority over the form and content of the information that the FHLBanks provide to the OF for use in the process of setting compensation. In evaluating compensation at the FHLBanks and the Office of Finance, the Finance Agencycombined financial reports. The rule will consider the extent to which an executive’s compensation is consistent with these principles.be effective on June 2, 2010.
FHLBank Directors’ Eligibility, Elections, Compensation and Expenses.On October 23, 2009,April 5, 2010, the Finance Agency issued a final rule that implements two separate proposed rules which relate to an FHLBank’s election of directors and director compensation. Amendments to director elections relate to the process by which an FHLBank’s successor directors are chosen after a directorship is redesignated to a new state prior to the end of the term as a result of the annual designation of an FHLBank’s directorships. Under this rule, the redesignation causes the original directorship to implement Sectionterminate and creates a new directorship that will be filled by an election of the members. As to director compensation and expenses, Finance Agency is implementing section 1202 of the Housing Act allowingby repealing the statutory caps on the annual compensation that can be paid to FHLBank directors. This amendment allows each FHLBank to pay its directors reasonable compensation and expenses, subject to the authority of the Director of the Finance Agency. As such, the Director of the Finance Agency (Director) tomay object to, and to prohibit prospectively, compensation and/or expenses thatif determined to be unreasonable. This rule became effective on May 5, 2010.
Money Market Fund Reform.On March 4, 2010, the Director determines are not reasonable. The proposed rule would add section 1261 to Title 12 of the Code of Federal Regulations, to articulate the general standard under which the FHLBanks may compensate their directors and to establish reporting requirements with respect to how the FHLBanks compensate their directors. The Finance Agency will accept written comments on or before December 7, 2009.
Temporary Liquidity Guarantee Program.On October 23, 2009, the FDICSEC published in the Federal Register a final rule, concerningamending the terminationrules governing money market funds under the Investment Company Act. These amendments will result in tightened liquidity requirements, such as: maintaining certain financial instruments for short-term liquidity; reducing the maximum weighted-average maturity of portfolio holdings and improving the Debt Guarantee Program (DGP), a componentquality of the Temporary Liquidity Guarantee Program (TLGP). For most insured depository institutions and other entities participating in this program, the DGP concluded on October 31, 2009, with the FDIC’s guarantee expiring no later than December 31, 2012.portfolio holdings. The final rule establishesincludes overnight FHLBank consolidated discount notes in the definition of “daily liquid assets” and “weekly liquid assets” and will encompass FHLBank consolidated discount notes with remaining maturities of up to 60 days in the definition of “weekly liquid assets.” These provisions reflect changes to the SEC’s proposed rule that would have excluded certain FHLBank consolidated discount notes, other than overnight FHLBank consolidated discount notes, from the definition of both “daily liquid assets” and “weekly liquid assets.” The final rule’s requirements become effective on May 5, 2010 unless another compliance date is specified for a limited six-month emergency guarantee facility for entities that (following the termination of the DGP)requirement (e.g., daily and weekly liquidity requirements become unable to issue non-guaranteed debt to replace maturing senior unsecured debt due to market disruptions or other circumstances beyond their control. This emergency guarantee facility is available to qualified entitieseffective on an application basis and is subject to such restrictions and conditions as the FDIC deems appropriate. If an entity’s application is approved, the FDIC will guarantee the applicant’s senior unsecured debt issued on or before April 20, 2010. The FDIC’s guarantee of such debt will extend through the earliest of the mandatory conversion date (for mandatory convertible debt), the stated maturity date or December 31, 2012. Debt guaranteed under the emergency guarantee facility will be subject to an annualized assessment rate equal to a minimum of 300 basis points.May 28, 2010).

 

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FHLBanks’ Boards of Directors: Eligibility and Elections.On October 7, 2009, the Finance Agency adopted a final regulation, which became effective on November 6, 2009. The final regulation largely codifies the interim final regulation previously issued by the Finance Agency on September 26, 2008. Changes in the final regulation included provisions: (1) requiring each FHLBank’s board of directors to annually determine how many of its independent directors should be designated public interest directors (provided that each FHLBank at all times has at least two public interest directors); (2) stating that where an FHLBank’s board of directors acts to fill a member director vacancy that occurs mid-term, that eligible candidates for such a position must be officers or directors of a member institution at the time the FHLBank board of directors acts, not as of the prior year-end; and (3) permitting an FHLBank that nominates more than one nominee for each open independent director position to declare elected the nominee who receives the highest number of votes, even if the total votes received is less than 20 percent of the eligible votes.
Statement of Policy on Qualifications for Failed Bank Acquisitions.On September 2, 2009, the FDIC issued a final statement of policy, effective on August 26, 2009, providing guidance to private capital investors interested in acquiring or investing in failed insured depository institutions regarding the terms and conditions for such investments or acquisitions. This guidance applies to 1) private capital investors in certain companies that seek to assume deposit liabilities or both such deposit liabilities and assets from a failed insured depository institution and 2) private capital investors involved in applications for deposit insurance in conjunction withde novocharters issued in connection with the resolution of failed insured depository institutions. Additionally, this final statement of policy provides, among other measures, standards for capital support of an acquired depository institution; an agreement to a cross guarantee over substantially commonly-owned depository institutions; limits on transactions with affiliates; maintenance of continuity of ownership; and avoidance of secrecy law jurisdictions as investment channels, absent consolidated home country supervision.
Capital Classifications and Critical Capital Levels for the FHLBanks.The Finance Agency issued a final rule, effective August 4, 2009, to implement certain provisions of the Housing Act that require the Director of the Finance Agency to establish criteria based on the amount and type of capital held by an FHLBank for each of the following capital classifications: adequately capitalized, undercapitalized, significantly undercapitalized and critically undercapitalized. This regulation defines critical capital levels for the FHLBanks, establishes the criteria for each of the capital classifications identified in the Housing Act and implements the Finance Agency’s prompt correction action authority over the FHLBanks. The Finance Agency may, in its discretion, otherwise determine to classify an FHLBank as less-than-adequately capitalized. On July 20, 2009, the Finance Agency published Advisory Bulletin 2009-AB-01 which identified preliminary FHLBank capital classifications as a form of supervisory correspondence that should be treated by an FHLBank as unpublished information. Under this Advisory Bulletin, preliminary FHLBank capital classifications should be publicly disclosed only if the information is material to that FHLBank’s financial condition and business operations, provided that the disclosure is limited to a recital of the factual content of the unpublished information. (See Note 11—Capital for the FHLBanks’ compliance with the final rule requirements.)
Board of Directors of FHLBank System Office of Finance.On August 4, 2009, the Finance Agency issued a proposed rule related to the reconstitution and strengthening of the Office of Finance Board of Directors. To achieve this goal, the proposed regulation would increase the size of the Office of Finance Board of Directors, create a fully independent audit committee, provide for the creation of other committees and set a method for electing independent directors, along with setting qualifications for these directors. The Office of Finance is governed by a board of directors, the composition and functions of which are determined by the Finance Agency’s regulations. Under existing Finance Agency regulation, the Office of Finance Board of Directors is made up of two FHLBank Presidents and one independent director (currently vacant). The Finance Agency has proposed that all twelve FHLBank Presidents be members of the Office of Finance Board of Directors, along with three to five independent directors. The independent directors would comprise the audit committee of the Office of Finance Board of Directors with oversight responsibility for the combined financial reports. Under the proposed rule, the audit committee of the Office of Finance would be responsible for ensuring that the FHLBanks adopt consistent accounting policies and procedures so that the combined financial reports will continue to be accurate and meaningful. On October 2, 2009, the Finance Agency extended the comment period for this proposed rule from October 5, 2009 to November 4, 2009.

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FHLBank Collateral for Advances and Interagency Guidance on Nontraditional Mortgage Products.On August 4 2009, the Finance Agency issued a notice of study and recommendations related to the FHLBanks’ advances collateral. The Housing Act requires the Director of the Finance Agency to conduct a study, which must be submitted to the U.S. Congress, on the extent to which loans and securities used as collateral to support FHLBank advances are consistent with the federal financial institution regulatory agencies’ interagency guidance on nontraditional mortgage products and the Finance Agency also addressed their statement on subprime mortgage lending. Furthermore, the study must consider and recommend any additional regulations, guidance, advisory bulletins or other administrative actions necessary to ensure that the FHLBanks are not supporting loans with predatory characteristics. Comments on this study and recommendations were due to the Finance Agency by October 5, 2009.
Affordable Housing Program Amendments: FHLBank Mortgage Refinancing Authority.On August 4, 2009, the Finance Agency published a second interim final rule related to authorization for the FHLBanks to provide the existing AHP subsidy through their members to assist in the refinancing of low or moderate income households’ mortgages under certain federal, state and local programs for targeted refinancing. The first interim final rule authorized such subsidies to those qualifying under the Hope for Homeowners Program. The second interim final rule expands the program to other government eligible programs, including the Making Home Affordable Refinancing program. The authority was provided in the Housing Act on a temporary basis until July 30, 2010. While this rule is effective immediately, the Finance Agency accepted public comments on the second interim final rule by October 5, 2009.
Record Retention.On August 4, 2009, the Finance Agency issued a proposed rule that would require Freddie Mac, Fannie Mae, the FHLBanks and the Office of Finance to establish and maintain a record retention program to ensure that records are readily accessible for examination and other supervisory purposes. This proposed regulation seeks to assure strong record maintenance and availability for the security of these entities and to facilitate effective supervision. Comments on this proposed rule were due to the Finance Agency by October 5, 2009.
Money Market Fund Reform.On July 8, 2009, the Securities and Exchange Commission (SEC) published a proposed rule on money market fund reform. The proposed reforms include the imposition of new liquidity requirements for money market funds. As proposed, agency securities, including certain FHLBank securities, would not be considered liquid assets for purposes of meeting the proposed liquidity requirements. If these requirements were adopted as proposed, money market fund demand for FHLBank consolidated discount notes could decrease. Comments on this proposed rule were due to the SEC by September 8, 2009.
Proposed Rule to Amend FHLBank Membership for Community Development Financial Institutions (CDFIs)..On May 15, 2009,January 5, 2010, the Finance Agency publishedissued a proposedfinal rule to amend its membership regulations to authorize non-federally insuredimplement provisions of the Housing Act that authorized CDFIs that have been certified by the CDFI Fund of the U.S. Treasury Department to become members of an FHLBank. CDFIs are private institutions that provide financial services dedicated to economic development and community revitalization in underserved markets. The newly-eligible CDFIs include community development loan funds, venture capital funds, and State-chartered credit unions without Federal insurance. This final rule sets out the eligibility and procedural requirements that will enable CDFIs to become members of an FHLBank. The newly-eligible CDFIs include community development loan funds, community development venture capital funds and state-chartered credit unions without federal insurance. The proposed rule sets forth the eligibility and procedural requirements for CDFIs that wish to become members of an FHLBank. Comments on this proposed rule were due to the Finance Agency also amended its community support regulations to provide that certified CDFIs may be presumed to be in compliance with the statutory community support requirements by July 14, 2009.virtue of their certification by the CDFI Fund. This rule became effective on February 4, 2010.

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Guidance for Determining Other-Than-Temporary ImpairmentPending Legislation on Financial System Reform.On April 28, 2009 and May 7,December 11, 2009, the Finance Agency providedU.S. House of Representatives passed the Wall Street Reform and Consumer Protection Act (Reform Act), which, if passed by the U.S. Senate and signed into law by the President of the United States, would, among other things: (1) create a consumer financial protection agency; (2) create an inter-agency oversight council that will identify and regulate systemically-important financial institutions; (3) regulate the over-the-counter derivatives market; (4) reform the credit rating agencies; (5) provide shareholders with an advisory vote on the compensation practices of the entity in which they invest, including for executive compensation and golden parachutes; and (6) create a federal insurance office that will monitor the insurance industry.
On March 22, 2010, the Senate Committee on Banking, Housing, and Urban Affairs (Senate Banking Committee) approved the Restoring American Financial Stability Act of 2010 (Financial Stability Act). The Financial Stability Act, would, among other things: (1) create a consumer financial protection agency, housed within the Federal Reserve; (2) create an inter-agency oversight council that will identify and regulate systemically-important financial institutions; (3) end “too big to fail” by: creating a safe way to liquidate failed financial firms, imposing new capital and leverage requirements, updating the Federal Reserve’s authority to allow system-wide support but no longer prop up individual firms, and establishing rigorous standards and supervision to protect the economy and American consumers, investors and businesses; (4) eliminate loopholes and abusive practices for over-the-counter derivatives, asset-backed securities, hedge funds, mortgage brokers and payday lenders; (5) streamline bank supervision to create clarity and accountability, while protecting the dual banking system that supports community banks; (6) provide shareholders with a say on pay and corporate affairs with a non-binding vote on executive compensation; (7) provide for tougher rules for transparency and accountability for credit rating agencies to protect investors and businesses; and (8) strengthen regulatory oversight and empower regulators to aggressively pursue financial fraud, conflicts of interest and manipulation of the financial system.
Depending on whether the Reform Act, or similar legislation, is signed into law and the final content of any such legislation, the FHLBanks’ business operations, funding costs, rights, obligations, and/or the manner in which FHLBanks carry out their housing-finance mission may be affected. For example, regulations on the over-the-counter derivatives market that may be issued under the Reform Act could materially affect an FHLBank’s ability to hedge its interest-rate risk exposure from advances, achieve the FHLBank’s risk management objectives, and act as an intermediary between its members and counterparties. In addition, the proposed Financial Stability Act pending in the U.S. Senate has a provision that would prohibit the FHLBanks with guidance on the process for determining OTTI with respectfrom lending an amount that exceeds 25 percent of capital stock and surplus to the FHLBanks’ holdings of private-label MBS and the FHLBanks’ first quarter 2009 adoption of new U.S. GAAP regarding OTTI on investment securities. The goal of this guidance was to promote consistency among all FHLBanks for determining OTTI for private-label MBS, based on the understanding that investorsa member financial institution. These limitations outlined in the FHLBanks’ consolidated obligations could better understand and utilize the informationproposed legislation may cause a significant decrease in the FHLBanks’ combined financial reports if it is prepared on a more consistent basis. In order to achieve this goal and move to a common analytical framework, and recognizing that several FHLBanks intended to early adoptaggregate amount of FHLBank advances, affect the new U.S. GAAP regarding OTTI on investment securities, the Finance Agency guidance required all FHLBanks to early adopt this new accounting treatment effective January 1, 2009 and, for purposesability of making OTTI determinations beginning with the first quarter of 2009, to use a consistent set of key modeling assumptions and specified third-party models. For a discussion of the FHLBanks’ implementation of this OTTI guidance, see “Critical Accounting Estimates-OTTI for Investment Securities.”
During the second quarter of 2009, the FHLBanks created an OTTI Governance Committee with responsibility for reviewing and approving the key modeling assumptions, inputs and methodologies to be used by the FHLBanks to generate cash flow projections usedraise funds in analyzing credit lossesthe capital markets and determining OTTIincrease advance rates for private-label MBS. The OTTI Governance Committee charter was approved on June 11, 2009FHLBanks’ member financial institutions. However, FHLBanks cannot predict whether any such legislation will be enacted and provides a formal process by whichwhat the FHLBanks can provide input oncontent of any such legislation or regulations issued under any such legislation would be, and approve these key OTTI assumptions.
In accordance withtherefore, cannot predict the guidance provided by the OTTI Governance Committee, an FHLBank may engage another FHLBank to perform the cash flow analyses underlying its OTTI determinations. Each FHLBank is responsible for making its own determination of impairment and the reasonableness of assumptions, inputs and methodologies used, as well as performing the required present value calculations using appropriate historical cost bases and yields. FHLBanks that hold common private-label MBS are required to consult with one another to ensure that any decision that a commonly-held private-label MBS is other-than-temporarily impaired, including the determination of fair value and the credit loss componenteffects of the unrealized loss, is consistent among those FHLBanks.
In order to promote consistency in the application of the assumptions and implementation of the OTTI methodology, the FHLBanks have established control procedures whereby the FHLBanks that are performing cash flow analyses select a sample group of private-label MBS and each perform cash flow analyses on all such test MBS, using the assumptions approved by the OTTI Governance Committee. These FHLBanks exchange and discuss the results and make any adjustments necessary to achieve consistency among their respective cash flow models.
Finance Agency Releases Its First Strategic Plan. On July 9, 2009, the Finance Agency released its first strategic plan since it was created. This strategic plan details the goals and objectives that will guide the Finance Agency over the next five years in its actions to restore the financial health of Fannie Mae and Freddie Mac, enhance the Federal Home Loan Bank System and contribute to the strength and stability of the United States’ housing finance market and affordable housing. This plan lists three goals of 1) safety and soundness, 2) housing mission and conservatorship, and 3) a resource management strategy which the Finance Agency will employ in fulfilling its mission to provide effective supervision, regulation and housing mission oversight of Fannie Mae, Freddie Mac and the FHLBanks to promote their safety and soundness, support housing finance and affordable housing and support a stable and liquid mortgage market.Reform Act or similar legislation.

 

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Item 3. QUANTITATIVE AND QUALITATIVE DISCLOSURES ABOUT MARKET RISK
Market Risk Management.Market risk or interest rate risk (“IRR”) is the risk of loss to market value or future earnings that may result from changes in the interest rate environment. Embedded in IRR is a tradeoff of risk versus reward wherein the FHLBNY could earn higher income by having higher IRR through greater mismatches between its assets and liabilities at the cost of potentialpotentially significant fallsdeclines in market value and future income if the interest rate environment turned against the FHLBNY’s expectations. The FHLBNY has opted to retain a modest level of IRR which allows it to preserve its capital value while generating steady and predictable income. In keeping with that philosophy, the FHLBNY’s balance sheet consists of predominantly short-term and LIBOR-based assets and liabilities. More than 80 percent of the FHLBNY’s financial assets are either short-term or LIBOR-based, and a similar percentage of its liabilities are also either short-term or LIBOR based. These positions protect the FHLBNY’s capital from large changes in value arising from interest rate or volatility changes.
The primary tool used by management to achieve the desired risk profile is the use of interest rate exchange agreements (“Swaps”). All the LIBOR-based advances are long-term advances that are swapped to 3- or 1-month LIBOR or possess adjustable rates thatwhich periodically reset to a LIBOR index. Similarly, a majority of the long-term consolidated obligations are swapped to 3- or 1-month LIBOR. These features create a relatively steady income that changes in concert with prevailing interest rate changes to maintain a spread to short-term rates.
Despite its conservative philosophy, IRR does arise from a number of aspects of the FHLBNY’s portfolio. These include the embedded prepayment rights, refunding needs, rate resets between the FHLBNY’s short-term assets and liabilities, and basis risks arising from differences between the yield curves associated with the FHLBNY’s assets and its liabilities. To address these risks, the FHLBNY uses certain key IRR measures including re-pricing gaps, duration of equity (“DOE”), value at risk (“VaR”), net interest income (“NII”) at risk, key rate durations (“KRD”), and forecasted dividend rates.
Risk Measurements.The FHLBNY’s Risk Management Policy sets up a series of risk limits that the FHLBNY calculates on a regular basis. The risk limits are as follows:
The option-adjusted DOE is limited to a range of +/- four years in the rates unchanged case and to a range of +/- six years in the +/-200bps shock cases. Due to the low interest rate environment beginning in early 2008, the -200bps shock was restricted during the quarter end to -100bps for September 2008. The DOE downshock limits were adjusted in those cases to +/-5.00 years in September. In December 2008, March 2009, June 2009 and September 2009 rates were too low for a constrained downshock and the test was not performed.
The one-year cumulative re-pricing gap is limited to 10 percent of total assets.
The sensitivity of expected net interest income over a one-year period is limited to a - -15 percent change under both the +/-200bps shocks compared to the rates unchanged case.
The potential decline in the market value of equity is limited to a 10 percent change under the +/-200bps shocks.
KRD exposure at any of nine term points (3-month, 1-year, 2-year, 3-year, 5-year, 7-year, 10-year, 15-year, and 30-year) is limited to between +/-12 months.
The option-adjusted DOE is limited to a range of +/- four years in the rates unchanged case and to a range of +/- six years in the +/-200bps shock cases. Due to the low interest rate environment beginning in early 2008, the March 2009, June 2009, September 2009, December 2009, and March 2010 rates were too low for a meaningful parallel down-shock measurement.
The one-year cumulative re-pricing gap is limited to 10 percent of total assets.
The sensitivity of expected net interest income over a one-year period is limited to a -15 percent change under both the +/-200bps shocks compared to the rates unchanged case.
The potential decline in the market value of equity is limited to a 10 percent change under the +/-200bps shocks.
KRD exposure at any of nine term points (3-month, 1-year, 2-year, 3-year, 5-year, 7-year, 10-year, 15-year, and 30-year) is limited to between +/-12 months.

 

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The FHLBNY’s portfolio, including its derivatives, is tracked and the overall mismatch between assets and liabilities is summarized by using a DOE measure. The FHLBNY’s last five quarterly DOE results are shown in years in the table below (note that, due to the on-going low interest rate environment, there waswere no downshock measurementdown-shock measurements performed between the fourthfirst quarter of 20082009 and the thirdfirst quarter of 2009)2010):
                        
 Base Case DOE -200bps DOE +200bps DOE  Base Case DOE -200bps DOE +200bps DOE 
September 30, 2008 0.39 -2.51 1.66 
December 31, 2008 -2.05 N/A 1.44 
March 31, 2009 -2.24 N/A 1.23   -2.24   N/A   1.23 
June 30, 2009 -0.83 N/A 1.67   -0.83   N/A   1.67 
September 30, 2009 -0.39 N/A 3.88   -0.39   N/A   3.88 
December 31, 2009  0.42   N/A   3.68 
March 31, 2010  -0.51   N/A   3.81 
The DOE has remained within its limits. Duration indicates any cumulative repricing/re-pricing/maturity imbalance in the FHLBNY’s financial assets and liabilities. A positive DOE indicates that, on average, the liabilities will repricere-price or mature sooner than the assets while a negative DOE indicates that, on average, the assets will repricere-price or mature earlier than the liabilities. The FHLBNY measures its DOE using software that incorporates any optionality within the FHLBNY’s portfolio using well-known and tested financial pricing theoretical models.
The FHLBNY does not solely rely on the DOE measure as a mismatch measure between its assets and liabilities. It also performs the more traditional gap measure that subtracts re-pricing/maturing liabilities from re-pricing/maturing assets over time. The FHLBNY observes the differences over various horizons, but has set a 10 percent of assets limit on cumulative re-pricings at the one-year point. This quarterly observation of the one-year cumulative re-pricing gap is provided in the table below and all values are below 10 percent of assets; well within the limit:
   
  One Year Re-
  pricing Gap
September 30, 2008$3.359 Billion
December 31, 2008$9.764 Billion
March 31, 2009 $7.593 Billion
June 30, 2009 $5.936 Billion
September 30, 2009 $5.480 Billion
December 31, 2009$4.626 Billion
March 31, 2010$4.753 Billion

 

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The FHLBNY’s review of potential interest rate risk issues also includes the effect of changes in interest rates on expected net income. The FHLBNY projects asset and liability volumes and spreads over a one-year horizon and then simulates expected income and expenses from those volumes and other inputs. The effects of changes in interest rates are measured to test whether the FHLBNY has too much exposure in its net interest income over the coming twelve-month period. To measure the effect, the change to the spread in the shocks is calculated and compared against the base case and subjected to a -15 percent limit. The quarterly sensitivity of the FHLBNY’s expected net interest income under both +/-200bps shocks over the next twelve months is provided in the table below (note that, due to the on-going low interest rate environment, the downshock measurement wasdown-shock measurements were not performed between the fourthfirst quarter of 20082009 and the thirdfirst quarter of 2009)2010):
         
  Sensitivity in  Sensitivity in 
  the -200bps  the +200bps 
  Shock  Shock 
September 30, 2008  3.18%  -5.91%
December 31, 2008  N/A   24.73%
March 31, 2009  N/A   13.11%
June 30, 2009  N/A   0.43%
September 30, 2009  N/A   9.23%
Sensitivity inSensitivity in
the -200bpsthe +200bps
ShockShock
March 31, 2009N/A13.11%
June 30, 2009N/A0.43%
September 30, 2009N/A9.23%
December 31, 2009N/A4.53%
March 31, 2010N/A3.13%
Aside from net interest income, the other significant impact on changes in the interest rate environment is the potential impact on the value of the portfolio. These calculated and quoted market values are estimated based upon their financial attributes including optionality and then re-estimated under the assumption that interest rates suddenly rise or fall by 200bps. The worst effect, whether it is the up or the down shock, is compared to the internal limit of 10 percent. The quarterly potential maximum decline in the market value of equity under these 200bps shocks is provided below (note that, due to the on-going low interest rate environment the downshock measurement wasdown-shock measurements were not performed between the fourthfirst quarter of 20082009 and the thirdfirst quarter of 2009)2010):
         
  Downshock  +200bps Change in 
  Change in MVE  MVE 
September 30, 2008  -0.72%  -2.50%
December 31, 2008  N/A   -0.43%
March 31, 2009  N/A   1.01%
June 30, 2009  N/A   -1.81%
September 30, 2009  N/A   -4.68%
Down-shock+200bps Change in
Change in MVEMVE
March 31, 2009N/A1.01%
June 30, 2009N/A-1.81%
September 30, 2009N/A-4.68%
December 31, 2009N/A-5.08%
March 31, 2010N/A-4.53%
As noted, the potential declines under these shocks are within the FHLBNY’s limits of a maximum 10 percent.

 

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The following table displays the FHLBNY’s maturity/repricingre-pricing gaps as of September 30,March 31, 2010 (in millions):
                     
  Interest Rate Sensitivity 
  March 31, 2010 
      More than  More than  More than    
  Six months  six months to  one year to  three years to  More than 
  or less  one year  three years  five years  five years 
 
Interest-earning assets:                    
Non-MBS Investments $7,324  $182  $388  $259  $447 
MBS Investments  6,802   869   2,242   960   739 
Adjustable-rate loans and advances  12,839             
                
Net unswapped  26,965   1,051   2,630   1,219   1,186 
                     
Fixed-rate loans and advances  9,764   7,927   14,428   7,865   32,273 
Swaps hedging advances  59,911   (6,708)  (13,635)  (7,319)  (32,250)
                
Net fixed-rate loans and advances  69,675   1,219   793   547   23 
Loans to other FHLBanks               
                
                     
Total interest-earning assets
 $96,640  $2,270  $3,423  $1,765  $1,209 
                
                     
Interest-bearing liabilities:                    
Deposits $8,010  $  $  $  $ 
                     
Discount notes  19,565   251          
Swapped discount notes  87   (87)         
                
Net discount notes  19,652   164          
                
                     
Consolidated Obligation Bonds                    
FHLB bonds  23,450   17,060   21,654   6,793   2,823 
Swaps hedging bonds  41,133   (15,311)  (18,946)  (5,356)  (1,520)
                
Net FHLB bonds  64,583   1,749   2,708   1,437   1,303 
                     
Total interest-bearing liabilities
 $92,245  $1,913  $2,708  $1,437  $1,303 
                
Post hedge gaps1:
                    
Periodic gap $4,395  $358  $715  $328  $(94)
Cumulative gaps $4,395  $4,753  $5,468  $5,796  $5,702 
Note:Numbers may not add due to rounding.
1Repricing gaps are estimated at the scheduled rate reset dates for floating rate instruments, and at maturity for fixed rate instruments. For callable instruments, the repricing period is estimated by the earlier of the estimated call date under the current interest rate environment or the instrument’s contractual maturity.

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The following tables display the FHLBNY’s maturity/re-pricing gaps as of December 31, 2009 (in millions):
                                        
 Interest Rate Sensitivity  Interest Rate Sensitivity 
 September 30, 2009  December 31, 2009 
 More than More than More than    More than More than More than   
 Six months six months to one year to three years to More than  Six months six months to one year to three years to More than 
 or less one year three years five years five years  or less one year three years five years five years 
  
Interest-earning assets:  
Non-MBS Investments $10,354 $174 $410 $243 $540  $8,621 $124 $371 $249 $587 
MBS Investments 6,580 1,365 2,681 891 649  6,773 903 2,420 1,167 879 
Adjustable-rate loans and advances 15,530      14,101     
                      
Net unswapped 32,464 1,539 3,091 1,134 1,190  29,495 1,027 2,791 1,416 1,466 
  
Fixed-rate loans and advances 9,332 4,198 18,841 8,732 34,969  9,588 7,853 16,124 8,254 34,814 
Swaps hedging advances 63,711  (3,449)  (16,873)  (8,448)  (34,940) 63,852  (6,722)  (14,389)  (7,950)  (34,791)
                      
Net fixed-rate loans and advances 73,042 749 1,968 284 29  73,441 1,131 1,735 304 23 
Loans to other FHLBanks            
                      
  
Total interest-earning assets
 $105,506 $2,288 $5,059 $1,418 $1,218  $102,935 $2,158 $4,526 $1,720 $1,489 
                      
  
Interest-bearing liabilities:  
Deposits $2,287 $ $ $ $  $2,590 $ $ $ $ 
  
Discount notes 36,617 1,768     28,770 2,057    
Swapped discount notes 1,576  (1,576)     1,422  (1,422)    
                      
Net discount notes 38,193 192     30,193 635    
                      
  
Consolidated Obligation Bonds  
FHLB bonds 19,320 18,270 23,178 4,839 3,242  25,717 16,014 22,829 6,033 2,844 
Swaps hedging bonds 40,906  (16,855)  (19,074)  (3,637)  (1,340) 39,617  (14,298)  (19,513)  (4,501)  (1,305)
                      
Net FHLB bonds 60,227 1,415 4,104 1,202 1,902  65,334 1,716 3,316 1,532 1,539 
  
Total interest-bearing liabilities
 $100,707 $1,607 $4,104 $1,202 $1,902  $98,117 $2,351 $3,316 $1,532 $1,539 
                      
Post hedge gaps1:
  
Periodic gap $4,799 $681 $955 $216 $(684) $4,819 $(193) $1,210 $188 $(50)
Cumulative gaps $4,799 $5,480 $6,436 $6,652 $5,968  $4,819 $4,626 $5,837 $6,024 $5,974 
Note: Numbers may not add due to rounding.
   
1 Repricing gaps are estimated at the scheduled rate reset dates for floating rate instruments, and at maturity for fixed rate instruments. For callable instruments, the repricing period is estimated by the earlier of the estimated call date under the current interest rate environment or the instrument’s contractual maturity.

 

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Operational Risk Management.Operational risk is the risk of loss resulting from the failures or inadequacies of internal processes, people, and systems, or resulting from external events. Operational risks include those arising from fraud, human error, computer system failures and a wide range of external events — from adverse weather to terrorist attacks. The following tables displaymanagement of these risks is the responsibility of the senior managers at the operating level. To assist them in discharging this responsibility and to ensure that operational risk is managed consistently throughout the organization, the FHLBNY has developed an operational risk management framework, which evolves as warranted by circumstances and changing conditions. The FHLBNY’s maturity/repricing gapsOperational Risk Management framework defines the core governing principles for operational risk management and provides the framework to identify, control, monitor, measure, and report operational risks in a consistent manner across the FHLBNY.
Risk and Control Self-Assessment. FHLBNY’s Risk and Control Self-Assessment incorporates standards for risk and control self-assessment which apply to all businesses and establish Risk and Control Self-Assessment as the process for identifying the risks inherent in a business’ activities and for evaluating and monitoring the effectiveness of December 31, 2008 (in millions):
                     
  Interest Rate Sensitivity 
  December 31, 2008 
      More than  More than  More than    
  Six months  six months to  one year to  three years to  More than 
  or less  one year  three years  five years  five years 
                     
Interest-earning assets:                    
Non-MBS Investments $18,298  $405  $404  $126  $259 
MBS Investments  6,938   2,940   1,801   350   209 
Adjustable-rate loans and advances  20,206             
                
Net unswapped  45,442   3,345   2,206   475   468 
                     
Fixed-rate loans and advances  21,972   3,725   14,712   7,539   35,226 
Swaps hedging advances  56,677   (2,842)  (11,801)  (6,864)  (35,170)
                
Net fixed-rate loans and advances  78,649   882   2,911   675   56 
Loans to other FHLBanks               
                
                     
Total interest-earning assets
 $124,091  $4,227  $5,117  $1,151  $524 
                
                     
Interest-bearing liabilities:                    
Deposits $1,497  $15  $  $  $ 
 
Discount notes  43,981   2,348          
Swapped discount notes  2,031   (2,031)         
                
Net discount notes  46,012   318          
                
                     
Consolidated Obligation Bonds                    
FHLB bonds  36,367   16,153   19,613   5,405   3,441 
Swaps hedging bonds  32,833   (14,640)  (13,571)  (3,178)  (1,445)
                
Net FHLB bonds  69,200   1,513   6,043   2,227   1,996 
                     
Total interest-bearing liabilities
 $116,709  $1,846  $6,043  $2,227  $1,996 
                
Post hedge gaps1:
                    
Periodic gap $7,382  $2,382  $(926) $(1,076) $(1,472)
Cumulative gaps $7,382  $9,764  $8,837  $7,761  $6,289 
Note: Numbers may not add duethe controls over those risks. It is the policy of the FHLBNY to rounding.require businesses and staff functions to perform a Risk and Control Self-Assessment on a periodic basis. The Risk and Control Self-Assessment must include documentation of the control environment as well as policies for assessing risks and controls, testing commensurate with risk level and tracking corrective action for control breakdowns or deficiencies. The Risk and Control Self-Assessment also must require periodic reporting to senior management and to the Board’s Audit Committee.
1Repricing gaps are estimated at the scheduled rate reset dates for floating rate instruments, and at maturity for fixed rate instruments. For callable instruments, the repricing period is estimated by the earlier of the estimated call date under the current interest rate environment or the instrument’s contractual maturity.

 

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Item 4T. CONTROLS AND PROCEDURES
 (a) Evaluation of Disclosure Controls and Procedures: An evaluation of the Bank’s disclosure controls and procedures (as defined in Rules 13a-15(e) and 15d-15(e) under the Securities Exchange Act of 1934, as amended (the “Act”)) was carried out under the supervision and with the participation of the Bank’s President and Chief Executive Officer, Alfred A. DelliBovi, and Senior Vice President and Chief Financial Officer, Patrick A. Morgan, at September 30, 2009.March 31, 2010. Based on this evaluation, they concluded that as of September 30, 2009,March 31, 2010, the Bank’s disclosure controls and procedures were effective, at a reasonable level of assurance, in ensuring that the information required to be disclosed by the Bank in the reports it files or submits under the Act is (i) accumulated and communicated to the Bank’s management (including the President and Chief Executive Officer and Senior Vice President and Chief Financial Officer) in a timely manner, and (ii) recorded, processed, summarized and reported within the time periods specified in the Securities and Exchange Commission’s rules and forms.
 
 (b) Changes in Internal Control Over Financial Reporting: There were no changes in the Bank’s internal control over financial reporting (as defined in Rules 13a-15(f) and 15d-15(f) under the Act) during the Bank’s last fiscal quarter that have materially affected, or are reasonably likely to materially affect, the Bank’s internal control over financial reporting.

 

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Part II. OTHER INFORMATION
Item 1. LEGAL PROCEEDINGS
From time to time, the FHLBNYFederal Home Loan Bank of New York is involved in disputes or regulatory inquiries that arise in the ordinary course of business. At the present time, there are no material pending legal proceedings against the FHLBNY.
Bank. Information about a continuing legal proceeding involving certain property of the FHLBNY was previously disclosed in Part I,1, Item 3 of the FHLBNY’s 20082009 Annual Report on Form 10-K filed on March 27, 2009. At that time, the FHLBNY reported that, on September 15, 2008, an event of default occurred under outstanding derivative contracts with a notional amount of $16.5 billion between Lehman Brothers Special Financing Inc. (“LBSF”) and the Bank when credit support provider Lehman Brothers Holdings Inc. (“LBHI”) commenced a case under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”). LBSF commenced a case under Chapter 11 of the Bankruptcy Code on October 3, 2008. The Bank had pledged $509.6 million to LBSF in cash as collateral. The Bank had certain obligations due to LBSF as of September 30, 2008. The net amount that was due to the Bank after giving effect to obligations due to LBSF was approximately $64.5 million as of September 30, 2008. As such, the Bank has fully reserved the LBSF receivables as the bankruptcies of LBSF and LBHI make the timing and the amount of the recovery uncertain.
On September 22, 2009, the FHLBNY filed a proof of claim of $64.5 million as a creditor in connection with the bankruptcy proceedings. It is possible that, in the course of the bankruptcy proceedings, the FHLBNY may recover some amount in a future period. However, because the timing and the amount of such recovery remains uncertain, the Bank has not recorded any estimated gain in its financial statements. The amount that the Bank actually recovers will ultimately be decided in the course of the bankruptcy proceedings.25, 2010.
Item 1A. RISK FACTORS
In addition to the Risk Factor set forth below, please refer to the Risk Factor section in our Annual Report on Form 10-K, as filed with the Securities and Exchange Commission on March 27, 2009. Except for the below discussion, thereThere have been no material changes from risk factors previously disclosedincluded in our Form 10-K.
The FHLBNY relies on monoline bond insurer counterparties to provide insurance against the credit impairment of investments in certain private-label mortgage backed securities held by the FHLBNY. However, the continuing weakened financial condition of Ambac Assurance Corp. (“Ambac”) and MBIA Insurance Corp (“MBIA”) creates a risk that these counterparties may fail to fulfill their obligations to reimburse the FHLBNY for claims under certain insurance policies. In turn, this may lead to the recognition of additional credit impairment on the FHLBNY’s portfolio of private-label insured mortgage-backed securities.
The FHLBNY has determined that Ambac and MBIA are at risk with respect to their claims paying ability and their ability to perform as a financial guarantor. As a result,Form 10-K for the FHLBNY has determined that the FHLBNY may rely on these bond insurers to remain as viable financial guarantors until Julyfiscal year ended December 31, 2016 with respect to Ambac, and until March 31, 2012 with respect to MBIA. The Bank has determined that absent bond insurance, certain private-label MBS will experience credit impairment in future periods, and the FHLBNY has deemed such MBS as OTTI and has recorded credit impairment losses. If the ability of the two bond insurers to fulfill their obligations to the FHLBNY worsens, it could result in the shortening of the length of time the securities could rely on the two bond insurers for cash flow support in future periods. This in turn would result in the recognition of additional credit impairment losses on securities deemed to be OTTI at September 30, 2009.
Item 2. UNREGISTERED SALES OF EQUITY SECURITIES AND USE OF PROCEEDS
Not applicable.
Item 3. DEFAULTS UPON SENIOR SECURITIES
None.
Item 4. SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS(REMOVED AND RESERVED)
See Current Report on Form 8-K filed on August 27, 2009, which describes the election of certain members of the Board of Directors of the Bank, each of whom was elected pursuant to rules governing the election of the Federal Home Loan Bank directors and which rules did not require the submission of a vote to security holders.
Item 5. OTHER INFORMATION
None.

 

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Item 6. EXHIBITSExhibits
     
Exhibit No. Identification of Exhibit
     
 3.0110.01  Amended Bylaws (incorporated by reference to Exhibit 99.1 to the registrant’s Current Report on Form 8-K filed on September 23, 2009)
Bank 2010 Incentive Compensation Plan***
     
 31.01  Certification Pursuant to Rules 13a-14(a) and 15d-14(a) of the Securities Exchange Act of 1934 and Section 302 of the Sarbanes-Oxley Act of 2002 by Chief Executive Officer
     
 31.02  Certification Pursuant to Rules 13a-14(a) and 15d-14(a) of the Securities Exchange Act of 1934 and Section 302 of the Sarbanes-Oxley Act of 2002 by Chief Financial Officer
     
 32.01  Certification of Chief Executive Officer furnished pursuant to Section 906 of the Sarbanes-Oxley Act 2002, 18 U.S.C. Section 1350
     
 32.02  Certification of Chief Financial Officer furnished pursuant to Section 906 of the Sarbanes-Oxley Act 2002, 18 U.S.C. Section 1350
*This exhibit includes a management contract, compensatory plan or arrangement required to be noted herein.
**Portions of the exhibit have been omitted and separately filed with the U.S. Securities and Exchange Commission with a request for confidential treatment.

 

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SIGNATURES
Pursuant to the requirements of Section 13 or 15(d) of the Securities and Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
     
 
FEDERAL HOME LOAN BANK OF NEW YORKFederal Home Loan Bank of New York
(Registrant)
(Registrant)
 
 
 By:  /s/ Patrick A. Morgan   
  Patrick A. Morgan  
  Senior Vice President and Chief Financial Officer
Federal Home Loan Bankbank of New York
(on behalf of the Registrantregistrant and as the Principal
Financial Officer) 
 
Date: November 13, 2009May 12, 2010

 

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