Exhibit 23(h)(5)(b)
AMENDMENT TO FUND PARTICIPATION AGREEMENT
This Amendment to the Fund Participation Agreement ("Agreement") dated the
1/st/ day of May, 2003, by and between Lincoln Variable Insurance Products
Trust, an open-end management investment company organized as a Delaware
statutory trust (the "Trust"), and Lincoln Life & Annuity Company of New York,
a New York insurance company (the "Company") is effective as of May 1, 2009,
regardless of when executed.
AMENDMENT
WHEREAS, the parties wish to amend Schedule 2 to the Agreement and replace
it in its entirely.
NOW, THEREFORE, in consideration of their mutual promises, the Company and
the Trust agree to amend the Agreement as follows:
1. Schedule 2 of this Agreement shall be deleted and replaced with the
attached Schedule 2.
2. All other terms of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to
be executed in its name and behalf by its duly authorized officer on the date
specified below.
LINCOLN VARIABLE INSURANCE PRODUCTS
TRUST
Date: April 13, 2009 By: /s/ Xxxxx X. Xxxxxxx
---------------------------------
Xxxxx X. Xxxxxxx
Second Vice President
LINCOLN LIFE & ANNUITY COMPANY OF NEW
YORK
Date: April 13, 2009 By: /s/ Xxxxxxx X. Xxxxx, Xx.
---------------------------------
Xxxxxxx X. Xxxxx, Xx.
Assistant Vice President
Schedule 2
Funds
As of May 1, 2009
LVIP Baron Growth Opportunities Fund
LVIP Capital Growth Fund
LVIP Xxxxx & Steers Global Real Estate Fund
LVIP Columbia Value Opportunities Fund
LVIP Delaware Bond Fund
LVIP Delaware Foundation Aggressive Allocation Fund
LVIP Delaware Foundation Conservative Allocation Fund
LVIP Delaware Foundation Moderate Allocation Fund
LVIP Delaware Growth and Income Fund
LVIP Delaware Managed Fund
LVIP Delaware Social Awareness Fund
LVIP Delaware Special Opportunities Fund
LVIP FI Equity-Income Fund
LVIP Global Income Fund
LVIP Janus Capital Appreciation Fund
LVIP Xxxxxxx International Growth Fund
LVIP MFS Value Fund
LVIP Mid-Cap Value Fund
LVIP Mondrian International Value Fund
LVIP Money Market Fund
LVIP SSgA Bond Index Fund
LVIP SSgA Developed International 150 Fund
LVIP SSgA Emerging Markets Fund
LVIP SSgA International Index Fund
XXXX XXxX Xxxxx Xxx 000 Xxxx
XXXX XXxX Small/Mid Cap 200 Fund
LVIP SSgA S&P 500 Index Fund
LVIP SSgA Small-Cap Index Fund
LVIP X. Xxxx Price Growth Stock Fund
LVIP X. Xxxx Price Structured Mid-Cap Growth Fund
LVIP Xxxxxxxxx Growth Fund
LVIP Xxxxxx Mid-Cap Growth Fund
LVIP UBS Global Asset Allocation Fund
LVIP Wilshire Aggressive Profile Fund
LVIP Wilshire Conservative Profile Fund
LVIP Wilshire Moderate Profile Fund
LVIP Wilshire Moderately Aggressive Profile Fund
LVIP Wilshire 2010 Profile Fund
LVIP Wilshire 2020 Profile Fund
LVIP Wilshire 2030 Profile Fund
LVIP Wilshire 2040 Profile Fund
