AMENDMENT TO AMENDED AND RESTATED PARTICIPATION AGREEMENT by and among PREMIER VIT ALLIANZ GLOBAL INVESTORS DISTRIBUTORS LLC and RIVERSOURCE LIFE INSURANCE CO. OF NEW YORK

Exhibit (h)(73)

AMENDMENT TO
AMENDED AND RESTATED PARTICIPATION AGREEMENT

by and among

PREMIER VIT
ALLIANZ GLOBAL INVESTORS DISTRIBUTORS LLC

and

RIVERSOURCE LIFE INSURANCE CO. OF NEW YORK

     THIS AMENDMENT (this “Amendment”), made and entered into as of January 16, 2009, by and among Premier VIT (“Fund”), Allianz Global Investors Distributors LLC (“Underwriter”), and RiverSource Life Insurance Co. of New York (previously American Centurion Life Assurance Company and IDS Life Insurance Company of New York)(“Company”), on its own behalf and on behalf of each segregated asset account of the Company set forth on Schedule 1 to the Agreement (“Account”)(collectively, the “Parties”).

     WHEREAS, Fund, Underwriter and American Centurion Life Assurance Company have previously entered into an Amended and Restated Participation Agreement dated September 1, 2006 (the “Agreement”); and

     WHEREAS, American Centurion Life Assurance Company was merged with and into IDS Life Insurance Company of New York, and the surviving entity of the merger was renamed RiverSource Life Insurance Co. of New York effective upon consummation of the merger as of December 31, 2006; and

     WHEREAS, the Parties desire to amend the Agreement to address the mergers and the company’s name change; and

     WHEREAS, the Parties desire to amend Schedules 1 and 2 to the Agreement to reflect the most recent fund offerings, and variable account and contract information; and

     WHEREAS, the Parties desire to amend the Agreement to clarify cost reimbursement terms related to costs Company incurs resulting from Fund changes;

     NOW THEREFORE, in consideration of past and prospective business relations, the Parties hereby amend the Agreement as follows:

1. All references throughout the Agreement to “American Centurion Life Assurance Company” are replaced with “RiverSource Life Insurance Co. of New York” and all references throughout the Agreement to “Company” shall mean to refer to “RiverSource Life Insurance Co. of New York”.

2. Sections 3.1 and 3.3 are deleted in their entirety and replaced with the following:

5.3 Costs Born by Fund Resulting from Fund Disclosure Requirements

(a) PERIODIC FUND DISCLOSURE

The Fund will bear, or arrange for others to bear, (i) the costs of registering and qualifying the Fund’s shares, preparing and filing the Fund’s prospectus and statement of additional information (collectively, the “Fund Prospectus”), periodic reports to shareholders and other shareholder communications required to be produced and distributed by the Company as a result of periodic disclosure requirements to which the Fund is subject (collectively, “Periodic Fund Disclosure Materials”); (ii) the costs of preparation of all statements and notices required by any federal and state laws; and (iii) all taxes on the issuance or transfer of the Fund’s shares.

Fund will bear, or arrange for others to bear, the costs of providing any Periodic Fund Disclosure Materials to the Company; printing Periodic Fund Disclosure Materials; distributing any printed Periodic Fund Disclosure Materials to existing Contract owners, annuitants or participants (as appropriate) under the Contracts (collectively, “Participants”) including postage costs of mailing printed Periodic Fund Disclosure Materials and making Periodic Fund Disclosure Materials available electronically to the Company. At the option of the Company:

	(i)		the Underwriter shall, at the Fund’s or Underwriter’s expense, set for printing, print and provide to the Company as many copies of the Periodic Fund Disclosure Materials as the Company may reasonably request for distribution to Participants, or
	(ii)		the Fund shall provide the Company with camera-ready copy, computer disk, or other medium agreed to by the Parties, of Periodic Fund Disclosure Materials in a form suitable for printing to have the new prospectus for the Contracts (as defined in the Agreement) and the Fund Prospectus printed together in one document; in such case the Fund shall bear its share of expenses as described above.

Fund will provide to Company in a timely fashion the complete information needed to distribute printed Periodic Fund Disclosure Materials or make Periodic Fund Disclosure Materials available electronically.

Company agrees to use its best efforts to minimize costs and will provide Fund with acceptable documentation of any such costs incurred.

(b) NON-PERIODIC FUND DISCLOSURE RESULTING FROM FUND-DRIVEN EVENTS

Fund will bear, or arrange for others to bear, the costs of (i) preparing and filing the Fund’s prospectus, statement of additional information and any amendments or supplements thereto (collectively, for purposes of this Section 5.3(b) only, the “Fund Prospectus”), (ii) fund proxy and similar materials such as voting solicitation instructions, and (iii) other shareholder communications required to be produced and distributed by the Company as a result of Fund changes driven by the Fund including, but not limited to, a liquidation of the assets and termination of its existence or other reorganization, or merger of Fund; a change in the name, fund fees, investment strategy or objective or an investment adviser of Fund; and any other Fund change not otherwise itemized herein (collectively “Fund-Driven Event Fund Disclosure Materials”).

Fund will bear, or arrange for others to bear, the costs of providing any Fund-Driven Event Fund Disclosure Materials to the Company; printing any Fund-Driven Event Fund Disclosure Materials; distributing any printed Fund-Driven Event Fund Disclosure Materials to Participants including postage costs of mailing printed Fund-Driven Event Fund Disclosure Materials and making Fund-Driven Event Fund Disclosure Materials available electronically to the Company. At the option of the Company:

	(i)		the Underwriter shall, at the Fund’s or Underwriter’s expense, set for printing, print and provide to the Company as many copies of the Fund-Driven Event Fund Disclosure Materials as the Company may reasonably request for distribution to Participants, or
	(ii)		the Fund shall provide the Company with camera-ready copy, computer disk, or other medium agreed to by the Parties, of Fund-Driven Event Fund Disclosure Materials in a form suitable for printing.

Fund will provide to Company in a timely fashion the complete information needed to distribute printed Fund-Driven Event Fund Disclosure Materials or make such Fund-Driven Event Fund Disclosure Materials available electronically.

Company agrees to use its best efforts to minimize any such costs and will provide Fund with acceptable documentation of any such costs incurred.

(c) NON-PERIODIC ACCOUNT DISCLOSURE RESULTING FROM FUND-DRIVEN EVENTS

Unless otherwise covered by (a) and (b) above, from time to time, the Underwriter, upon mutual agreement with the Company, will bear, or arrange for others to bear, the costs of preparing and filing (other than legal fees) with the SEC and distributing the Separate Account’s prospectus, statement of additional information and any amendments or supplements thereto (collectively, the “Account Prospectus”) and other communications required to be produced and distributed as determined by the Company as a result of Fund changes driven by Fund including, but not limited to, a liquidation of the assets and termination of its existence or other reorganization, or merger of Fund; a change in the name, fund

fees, investment strategy or objective or an investment adviser of Fund; and any other Fund change not otherwise itemized herein (collectively, “Fund-Driven Event Account Disclosure Materials”).

Company agrees to use its best efforts to minimize any such costs and will provide Fund with acceptable documentation of any such costs incurred.

For the avoidance of doubt, neither the Fund nor the Underwriter shall bear any costs relating to prospective contractowners and applicants.

5.4 Costs Born by Company Resulting from Account Disclosure Requirements

PERIODIC ACCOUNT DISCLOSURE

Company will bear, or arrange for others to bear, the usual, customary and reasonable costs of preparing and filing with the SEC the Separate Account’s prospectus and statement of additional information (collectively, the “Account Prospectus”), periodic reports to shareholders and other shareholder communications required to be produced and distributed as determined by the Company as a result of periodic disclosure requirements to which Account is subject (collectively “Periodic Account Disclosure Materials”).

Company will bear, or arrange for others to bear, the usual, customary and reasonable costs of printing any Periodic Account Disclosure Materials; distributing any printed Periodic Account Disclosure Materials to Contract owners, annuitants or participants (as appropriate) under the Contracts (collectively, “Participants”) and prospective Contract owners, annuitants or participants (as appropriate) under the Contracts (collectively, “Prospects”) including postage costs of mailing printed Periodic Account Disclosure Materials and making Periodic Account Disclosure Materials available electronically.

	3.		Sections 3.2, 3.4 and 3.5 are renumbered 3.1, 3.2 and 3.3, respectively.
	4.		Section 5.2 is deleted in its entirety and replaced with the following:

5.2 The Fund shall bear any expenses permitted to be paid or assumed by the Fund pursuant to a plan, if any, under Rule 12b-1 under the 1940 Act.

5. Article XI is deleted in its entirety and replaced with the following:

ARTICLE XI. Notices

Any notice will be duly given only if sent by hand, evidenced by written receipt or certified mail, return receipt requested, to the other party at the address of such party set forth below or at such other address as such party may from time to time specify in writing to the other party. All notices shall be deemed given three business days after the date received or rejected by the addressee.

If to the Fund:

Premier VIT
0000 Xxxxxx xx xxx Xxxxxxxx
Xxx Xxxx, XX 00000
ATTN: Fund Secretary

If to the Underwriter:

Allianz Global Investors Distributors LLC
0000 Xxxxxx xx xxx Xxxxxxxx
Xxx Xxxx, XX 00000
ATTN: Chief Legal Officer

If to the Company:

RiverSource Life Insurance Co. of New York
0000 Xxxxxxxxxx Xxxxxxxxx Xxxxxx
Xxxxxxxxxxx, XX 00000
Fax: 000-000-0000
Attn: Xxxxxx X. Vessels, Vice President and Group Counsel

6.		Schedules 1 and 2 are deleted in their entirety and replaced with the attached new Schedule 1.
7.		Except as specifically set forth herein, all other provisions 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 on its behalf by its duly authorized representative effective as of the date specified above.

	PREMIER VIT By its authorized officer,
	By:	/s/ Xxxxx Xxxxxxxx
	Name:		Xxxxx Xxxxxxxx
	Title:		President and CEO
	ALLIANZ GLOBAL INVESTORS DISTRIBUTORS LLC By its authorized officer,
	By:	/s/ Xxxxxx Xxxxxx
	Name:		Xxxxxx Xxxxxx
	Title:		Managing Director

	RIVERSOURCE LIFE INSURANCE CO. OF NEW YORK By its authorized officer,
	By:	/s/ Xxxxx Xxxxxx
	Name:		Xxxxx Xxxxxx
	Title:		Vice President

SCHEDULE 1

Premier VIT

OpCap Equity Portfolio
OpCap Managed Portfolio
OpCap Small Cap Portfolio

RiverSource Life Insurance Co. of New York Accounts and Contracts

RiverSource of New York Variable Annuity Account
RiverSource Retirement Advisor 4 Advantage^® Variable Annuity
RiverSource Retirement Advisor 4 Select^® Variable Annuity
RiverSource Retirement Advisor 4 Access^® Variable Annuity
RiverSource Retirement Advisor Advantage Plus^® Variable Annuity
RiverSource Retirement Advisor Advantage Select Plus^® Variable Annuity
RiverSource Retirement Advisor Advantage^® Variable Annuity
RiverSource Retirement Advisor Advantage Select^® Variable Annuity
RiverSource Retirement Advisor Variable Annuity^®
RiverSource^® Flexible Portfolio Annuity

RiverSource of New York Variable Annuity Account 1
RiverSource Privileged Assets^® Select Annuity

RiverSource of New York Variable Annuity Account 2
RiverSource^® Endeavor Plus^SM Variable Annuity
RiverSource^® Endeavor Select Variable Annuity
RiverSource^® FlexChoice Select Variable Annuity
RiverSource^® Innovations Variable Annuity
RiverSource^® Innovations Select Variable Annuity
RiverSource^® Personal Portfolio Plus² Variable Annuity
RiverSource^® Personal Portfolio Variable Annuity

RiverSource of New York Variable Account SBS
RiverSource^® Symphony Annuity

RiverSource of New York Account 4
RiverSource^® Flexible Annuity
RiverSource^® Employee Benefit Annuity
RiverSource^® Variable Retirement Annuity
RiverSource^® Combination Retirement Annuity

RiverSource of New York Account 7
Xxxxxxx Xxxxx Barney LifeVest^SM Single Premium Variable Life Insurance Policy

RiverSource of New York Account 8
RiverSource^® Variable Universal Life
RiverSource Succession Select^® Variable Life Insurance

RiverSource^® Variable Second-To-Die Life Insurance

RiverSource^® Variable Universal Life III
RiverSource^® Variable Universal Life IV
RiverSource^® Variable Universal Life IV — Estate Series
RiverSource^® Signature Variable Universal Life