AMENDMENT NUMBER 2
TO MAY 1, 2003 PARTICIPATION AGREEMENT BETWEEN
FIRST SECURITY BENEFIT LIFE INSURANCE AND ANNUITY COMPANY OF NEW YORK,
XXXXXXXXXXX VARIABLE ACCOUNT FUNDS AND OPPENHEIMERFUNDS, INC.
WHEREAS, First Security Benefit Life Insurance and Annuity Company of New
York (the "Company"), Xxxxxxxxxxx Variable Account Funds (the "Fund") and
OppenheimerFunds, Inc. (the "Adviser") are parties to a Participation
Agreement dated May 1, 2003 (the "Agreement"); and
WHEREAS, terms of the Agreement contemplate that Accounts and Contracts of
the Company that are eligible to purchase Designated Portfolios of the Fund
may be changed from time to time by amending Schedule A to the Agreement;
and
WHEREAS, the parties wish to add certain Accounts and Contracts to the
Agreement by deleting the existing Schedule A and replacing it with the
Schedule A below; and
SCHEDULE A
ACCOUNT(S) CONTRACT(S) DESIGNATED PORTFOLIO(S)
Variable Account A AdvisorDesigns NY Xxxxxxxxxxx Main Street Small
Cap Fund/VA-Service
Variable Account A EliteDesigns NY Xxxxxxxxxxx Main Street Small
Cap Fund/VA-Service
Variable Account B AdvanceDesigns NY Xxxxxxxxxxx Main Street Small
and SecureDesignsNY Cap Fund/VA-Service
WHEREAS, capitalized terms used but not defined herein, shall have the
meaning given them in the Agreement; and
WHEREAS, all other terms of the Agreement shall remain in full force and
effect;
NOW, THEREFORE, the parties agree to replace in its entirety the existing
Schedule A to the Agreement with the Schedule A above.
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment #2
to the Agreement to be executed in its name and on its behalf by its duly
authorized representative effective October 1, 2006.
FIRST SECURITY BENEFIT LIFE
INSURANCE AND ANNUITY COMPANY
OF NEW YORK
By: /s/ Xxxxxx X. Xxxxx
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Name: Xxxxxx X. Xxxxx
Title: SVP - CFO
XXXXXXXXXXX VARIABLE ACCOUNT FUNDS
By: /s/ Xxxxx X. Wuted
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Name: Xxxxx X. Wuted
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Title: Treasurer
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OPPENHEIMERFUNDS, INC.
By: /s/ Xxxxxxxxx X. Xxxxxx
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Name: Xxxxxxxxx X. Xxxxxx
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Title: Vice President
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