EXHIBIT (8)(t)(iii)
SECOND AMENDMENT
TO
PARTICIPATION AGREEMENT
AMONG
THE UNITED STATES LIFE INSURANCE COMPANY
IN THE CITY OF NEW YORK,
AMERICAN GENERAL SECURITIES INCORPORATED,
VALIC COMPANY I AND
THE VARIABLE ANNUITY LIFE INSURANCE COMPANY
THIS SECOND AMENDMENT TO PARTICIPATION AGREEMENT ("Amendment") dated as of
December 1, 2003, amends the Participation Agreement dated as of July 1, 0000
(xxx "Xxxxxxxxx"), xxxxx XXX XXXXXX XXXXXX LIFE INSURANCE COMPANY IN THE CITY OF
NEW YORK (the "Company"), on its own behalf and on behalf of each separate
account of the Company set forth on Schedule B of the Agreement (the "Account"),
AMERICAN GENERAL SECURITIES INCORPORATED ("AGSI"), VALIC COMPANY I (formerly
known as American General Series Portfolio Company) (the "Fund"), and THE
VARIABLE ANNUITY LIFE INSURANCE COMPANY (the "Adviser"), collectively, the
"Parties." All capitalized terms not otherwise defined in this Amendment, shall
have the same meaning as ascribed in the Agreement.
WHEREAS, from time to time, the Company will offer new Variable Insurance
Products which are not covered under the Agreement, but for which the Fund will
act as an investment vehicle for the Company's Accounts; and
WHEREAS, from time to time, the Fund will make additional Portfolios available
to the Accounts of the Company; and
WHEREAS, the parties now desire to amend the Agreement to reflect, among other
things, (i) the new Variable Insurance Products for which the Fund will act as
an investment vehicle for the Accounts, and (ii) the additional Portfolios of
the Fund, which will act as investment vehicles for such Accounts;
NOW, THEREFORE, in consideration of their mutual promises, the Parties agree as
follows:
1. Schedule B to the Agreement, a revised copy of which is attached hereto, is
hereby amended.
2. Schedule A to the Agreement, a revised copy of which is attached hereto, is
hereby amended.
3. The Parties acknowledge that from time to time the Company will introduce
new Variable Insurance Products for which the Fund will act as an
investment vehicle for certain of the Company's Accounts. In this regard,
the Parties agree that the Company may, upon written
notice to the other Parties, add such new Variable Insurance Products and
Separate Accounts of the Company to Schedule B of the Agreement, and
thereby amend Schedule B of the Agreement.
4. The Parties acknowledge that from time to time that additional Portfolios
of the Fund will be made available to act as investment vehicles for the
Accounts. In this regard, the Parties agree that the Fund may, upon written
notice to the other Parties, add such new Portfolios to Schedule A of the
Agreement, and thereby amend Schedule A of the Agreement.
5. Except as amended hereby, the Agreement is hereby ratified and confirmed in
all respects.
IN WITNESS WHEREOF, the Parties hereto has caused this Amendment to be executed
in its name and on its behalf by its duly authorized representative hereto as of
the date specified above.
THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK, on behalf
of itself and each of its Accounts named in Schedule B hereto, as amended
from time to time.
By:
------------------------------
Name:
Title:
AMERICAN GENERAL SECURITIES INCORPORATED
By:
------------------------------
Name:
Title:
THE VARIABLE ANNUITY LIFE INSURANCE COMPANY
By:
------------------------------
Name:
Title:
VALIC COMPANY I
(formerly known as American General Series Portfolio Company)
By:
------------------------------
Name:
Title:
SCHEDULE A
----------
(As of December 1, 2003)
PORTFOLIOS OF VALIC COMPANY I
AVAILABLE FOR PURCHASE BY
THE UNITED STATES LIFE INSURANCE COMPANY
IN THE CITY OF NEW YORK
UNDER THIS AGREEMENT
Fund Name Separate Account
--------------------------- -------------------------------------------
International Equities Fund The United States Life Insurance Company in
Mid Cap Index Fund the City of New York
Money Market I Fund Separate Account USL VA-R
Nasdaq-100 Index Fund Established: August 8, 1997
Science & Technology Fund
Small Cap Index Fund
Stock Index Fund
International Equities Fund The United States Life Insurance Company in
Mid Cap Index Fund the City of New York
Money Market I Fund Separate Account USL VL-R
Nasdaq-100 Index Fund Established: August 8, 1997
Science & Technology Fund
Small Cap Index Fund
Stock Index Fund
SCHEDULE B
----------
SEPARATE ACCOUNTS AND CONTRACTS+
-------------------------------
(As of December 1, 2003)
Name of Separate Account and Form Numbers and Names of Contracts
Date Established by Board of Directors Funded by Separate Account
------------------------------------------- -----------------------------------
The United States Life Insurance Company in Form No:
The City of New York -------
Separate Account USL VA-R 98505N
Established: August 8, 1997
Name of Contact:
---------------
Select Reserve/SM/ Flexible Payment
Variable and Fixed Individual
Deferred Annuity
Form No:
-------
03017N
Name of Contract:
----------------
Platinum Investor/SM/ Immediate
Variable Annuity
Single Premium Immediate Variable
Annuity
The United States Life Insurance Company in Form No:
The City of New York -------
Separate Account USL VL-R 97600N
Established: August 8, 1997
Name of Contract:
----------------
Platinum Investor Flexible Premium
Variable Life Insurance Policies
Form No:
-------
99206N
Name of Contract:
----------------
Platinum Investor Survivor Last
Survivor Flexible Premium Variable
Life Insurance Policies
+The parties hereto agree that this Schedule B may be revised and replaced as
necessary to accurately reflect the Separate Accounts and Contracts covered
under this Agreement.
