14TH AMENDMENT TO PARTICIPATION AGREEMENT AMONG AMERICAN GENERAL LIFE INSURANCE COMPANY, AIG CAPITAL SERVICES, INC., VALIC COMPANY I AND THE VARIABLE ANNUITY LIFE INSURANCE COMPANY
EXHIBIT (8)(x)
14TH AMENDMENT
TO
PARTICIPATION AGREEMENT
AMONG
AMERICAN GENERAL LIFE INSURANCE COMPANY,
AIG CAPITAL SERVICES, INC.,
VALIC COMPANY I AND
THE VARIABLE ANNUITY LIFE INSURANCE COMPANY
TO
PARTICIPATION AGREEMENT
AMONG
AMERICAN GENERAL LIFE INSURANCE COMPANY,
AIG CAPITAL SERVICES, INC.,
VALIC COMPANY I AND
THE VARIABLE ANNUITY LIFE INSURANCE COMPANY
THIS 14TH AMENDMENT TO PARTICIPATION AGREEMENT (“Amendment”) effective as of
September 1, 2014, amends the Participation Agreement dated as of February 26, 1998 (the
“Agreement”), among AMERICAN GENERAL LIFE INSURANCE COMPANY (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”), AIG CAPITAL SERVICES, INC. (formerly known as SunAmerica Capital Services, Inc.)
(“ACS”), VALIC COMPANY I (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 Fund will make additional Portfolios available to one or more
Accounts of the Company;
WHEREAS, the Parties now desire to amend the Agreement to reflect two new Variable Insurance
Products for which the Fund will act as an investment vehicle for the Accounts;
WHEREAS, the Parties wish to amend the Agreement regarding administrative reimbursements paid
to the Company by the Adviser;
WHEREAS, the Parties wish to amend the Agreement in order to provide for the use of Portfolio
summary prospectuses by the Variable Insurance Products; and
WHEREAS, the Company and ACS wish to affirm their compliance with the Information Sharing and
Restricted Trading Agreement between the Company and the Fund.
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 to
add under Separate Account VL-R, the following Policies: AG Platinum Choice VUL and Platinum
Investor VIP (2007), and under Separate Account D, the following Contracts: (a) Individual
Variable Annuity (regular surrender charge/deferred sales load AGVU, (b) Individual Variable
Annuity (front end load AGVH), and (c) Generations Variable Annuity (each of which were
inadvertently omitted from prior amendments) and to add the Company’s Variable Separate
Account as an Account able to purchase and redeem shares of certain Portfolios of the Fund
effective on or about September 1, 2014, with the Polaris Select Investor Variable Annuity as
the Variable Insurance Product available within such Account. |
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2. | 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 ten (10)
days prior 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. |
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3. | Schedule A-2 is being added to the Agreement to add the Global Social Awareness Fund,
International Equities Index Fund, Mid Cap Index Fund, Nasdaq-100 Index Fund, Small Cap Index
Fund and Stock Index Fund as investment vehicles available for purchase and redemption by the
Variable Separate Account, and to reflect the administrative fees payable to Variable Separate
Account pursuant to Section 3.2(e) of the Agreement, as amended herein, which fees are limited
to the net assets of the Funds attributable to the Polaris Select Investor Variable Annuity. |
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4. | The parties acknowledge that from time to time the Fund will make additional Portfolios
available to the Accounts of the Company. In this regard, the Parties agree that the Company
may, upon written notice to the other parties, add such new Portfolios to Schedule A-1
and/or Schedule A-2 of the Agreement, and thereby amend such schedules of the
Agreement. All references to Schedule A in the Agreement shall include Schedule A-1 and
Schedule A-2 as appropriate. |
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5. | Section 3.2(e) of the Agreement is deleted in its entirety and replaced with the following: |
(e) | Certain Administrative Expenses of the Company. The Adviser will
reimburse the Company on a calendar quarterly basis, for certain of the administrative
costs and expenses incurred by the Company as a result of operations necessitated by
the beneficial ownership of shares of the Portfolios of the Fund by owners of those
Contracts which are subject to such reimbursement as indicated on Schedule B hereto.
Such reimbursements shall be in an amount set forth on Schedule A-1 and
Schedule A-2 based on the net assets of the Funds attributable to such Contracts.
The determination of applicable assets shall be made by averaging assets in applicable
Portfolios of the Fund as of the last Business Day of each calendar month falling
within the applicable calendar quarter. In no event shall such fee be paid by the
Fund, its shareholders or by any Contract owner. |
6. | A new Section 3.1(d) is hereby added to the Agreement as follows in order to provide for use
of Portfolio summary prospectuses by the Variable Insurance Products: |
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“3.1(d) The Fund on behalf of one or more Portfolios will provide the Company upon its
request with copies of summary prospectuses and supplements thereto in the same manner and
at the same time that the Fund provides the Company with statutory |
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prospectuses. The Fund
represents and warrants that the summary prospectuses and any supplements provided thereto
will comply with the requirements of Rule 498 of the 1933 Act (“Rule 498”) applicable to its
Portfolios. The Company represents and warrants that its use of the summary prospectuses
and supplements, its website, and the manner and procedures related to its hosting of the
summary prospectuses and supplements on its website will at all times comply with the
requirements of Rule 498. The Fund, at its sole cost and expense, shall provide the Company
with summary prospectuses containing the appropriate hyperlinks required by Rule 498 and
such other documentation that may be required by Rule 498. The Company, at its sole cost
and expense, shall host the summary prospectuses and supplements thereto as well as any
other required documentation on its website. The Company shall provide the Fund with the
website URL(s) that will serve as the hyperlinks within the summary prospectus and other
required documentation and the Company shall be responsible for maintaining the required
documents at such website URLs for the requisite period set forth in Rule 498. The Fund may
require the Company to terminate the use of the summary prospectuses by providing the
Company with at least one hundred and thirty-five (135) days’ prior written notice. The
Fund agrees that the Company is not required to distribute the summary prospectuses to its
Contract owners and that any use will be in the discretion of the Company. The Company
shall provide the Fund with at least thirty (30) days’ prior written notice of its intended
use of the summary prospectuses and at least sixty (60) days’ prior written notice of its
intent to terminate use of the summary prospectuses.” |
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7. | Pursuant Rule 22c-2 of the 1940 Act, the Fund, ACS and the Company agree to comply with the
terms included in the Information Sharing and Restricted Trading Agreement between the Fund
and the Company dated April 16, 2007 and Amendment No. 1 thereto dated as of September 1,
2014. |
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8. | Except as amended hereby, the Agreement is hereby ratified and confirmed in all respects. |
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IN WITNESS WHEREOF, the Parties hereto have 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.
AMERICAN GENERAL LIFE INSURANCE COMPANY,
on behalf of itself and each of its Separate Accounts named
in Schedule B of the Agreement, as amended from time to time.
on behalf of itself and each of its Separate Accounts named
in Schedule B of the Agreement, as amended from time to time.
By: |
/s/ Xxxxxx X. Xxxxxxxxxxx | |||||
Name: |
Xxxxxx X. Xxxxxxxxxxx | |||||
Title: | Executive Vice President, Individual and Group Retirement | |||||
AIG CAPITAL SERVICES, INC. | ||||||
By: |
/s/ | |||||
Name: |
||||||
Title: | ||||||
VALIC COMPANY I | ||||||
By: |
/s/ | |||||
Name: |
||||||
Title: | ||||||
THE VARIABLE ANNUITY LIFE INSURANCE COMPANY | ||||||
By: |
/s/ | |||||
Name: |
||||||
Title: | ||||||
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SCHEDULE A-1
PORTFOLIOS OF
VALIC COMPANY I
AVAILABLE FOR PURCHASE BY
AMERICAN GENERAL LIFE INSURANCE COMPANY
UNDER THIS AGREEMENT
(As of September 1, 2014 except as otherwise indicated below)
VALIC COMPANY I
AVAILABLE FOR PURCHASE BY
AMERICAN GENERAL LIFE INSURANCE COMPANY
UNDER THIS AGREEMENT
(As of September 1, 2014 except as otherwise indicated below)
Administrative Service Fee | ||||||
Fund Name | Separate Account | Pursuant to Section 3.2(e) | ||||
Asset Allocation Fund |
A | 0.15% | ||||
Blue Chip Growth Fund |
D | 0.20% | ||||
Capital Conservation Fund |
A | 0.15% | ||||
Dividend Value Fund |
D | 0.20% | ||||
Dynamic Allocation Fund |
VL-R | 0.15% | ||||
Emerging Economies Fund |
VL-R | 0.20% | ||||
Foreign Value Fund |
VL-R | 0.15% | ||||
Global Social Awareness Fund |
A, D and VL-R | 0.15% | ||||
Government Securities Fund |
A | 0.15% | ||||
Health Sciences Fund |
D | 0.20% | ||||
International Equities Index Fund |
D and VL-R | 0.15% | ||||
Mid Cap Index Fund |
A, D, VL-R and VUL* | 0.15% | ||||
Money Market I Fund |
A, D, VL-R and VA-2 ** | 0.00% | ||||
Nasdaq-100 Index Fund |
D, VL-R and VUL* | 0.05% | ||||
Science & Technology Fund |
A, D, VL-R and VUL* | 0.15% | ||||
Small Cap Index Fund |
A, D and VL-R | 0.15% | ||||
Stock Index Fund |
A, D, VL-R and VA-2 ** | 0.15% |
* Separate Account VUL was added effective August 15, 2003.
** Separate Account VA-2 was added effective December 31, 2002.
The parties hereto agree that this Schedule A-1 may be revised and replaced as necessary to
accurately reflect the Portfolios covered under this Agreement. Such agreement shall be reflected
in a written acknowledgement executed by all Parties.
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SCHEDULE A-2
PORTFOLIOS OF
VALIC COMPANY I
AVAILABLE FOR PURCHASE BY
AMERICAN GENERAL LIFE INSURANCE COMPANY
UNDER THIS AGREEMENT
(As of September 1, 2014 except as otherwise indicated below)
VALIC COMPANY I
AVAILABLE FOR PURCHASE BY
AMERICAN GENERAL LIFE INSURANCE COMPANY
UNDER THIS AGREEMENT
(As of September 1, 2014 except as otherwise indicated below)
Administrative Service Fee | ||||||
Fund Name | Separate Account | Pursuant to Section 3.2(e) | ||||
Global Social Awareness Fund |
Variable Separate Account | 0.25% | ||||
International Equities Index Fund |
Variable Separate Account | 0.21% | ||||
Mid Cap Index Fund |
Variable Separate Account | 0.25% | ||||
Nasdaq-100 Index Fund |
Variable Separate Account | 0.21% | ||||
Small Cap Index Fund |
Variable Separate Account | 0.29% | ||||
Stock Index Fund |
Variable Separate Account | 0.23% |
The parties hereto agree that this Schedule A-2 may be revised and replaced as necessary to
accurately reflect the Portfolios covered under this Agreement. Such agreement shall be reflected
in a written acknowledgement executed by all Parties.
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SCHEDULE B
SEPARATE ACCOUNTS AND CONTRACTS**
Name of Separate Account and Date | Registration Numbers and Names of Contracts Funded | |||
Established by Board of Directors | by Separate Account |
|||
Registration |
Name of Contract: | |||
Nos.: | ||||
American General Life Insurance Company |
33-44744 | Group and Individual Variable Annuity* | ||
Separate Account A |
811-1491 | |||
Established: August 14, 1967 |
||||
33-44745 | Individual Variable Annuity* | |||
811-1491 | ||||
American General Life Insurance Company |
333-40637 | Select ReserveSM Flexible Payment | ||
Separate
Account D Established: November 19, 1973 |
811-02441 | Variable and Fixed
Individual Deferred Annuity* |
||
33-43390 | Variety PlusSM Variable Annuity* | |||
811-02441 | ||||
333-70667 | Platinum Investor® Variable Annuity* | |||
811-02441 | ||||
333-109206 | Platinum Investor® Immediate Variable | |||
811-02441 | Annuity* | |||
002-49805 | Individual Variable Annuity
(regular surrender charge/deferred sales load |
|||
811-02441 | AGVU)* | |||
002-49805 | Individual Variable Annuity (front
end load AGVH)* |
|||
811-02441 | ||||
033-43390 | Generations Variable Annuity* | |||
811-02441 | ||||
American
General Life Insurance Company |
333-102301 | Equibuilder Flexible Premium Variable | ||
Separate Account VUL Established: July 22, 1987 |
811-05794 | Life Insurance * | ||
American
General Life Insurance Company |
333-102303 | Individual VA Contracts * | ||
Separate Account VA-2 |
811-01990 | |||
Established: December 31,
2002 |
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Name of Separate Account and Date | Registration Numbers and Names of Contracts Funded | |||
Established by Board of Directors | by Separate Account |
|||
Registration |
Name of Contract: | |||
Nos.: | ||||
American General Life Insurance Company |
333-42567 | Platinum Investor® I and Platinum | ||
Separate Account VL-R |
811-08561 | Investor® II Variable Life Insurance | ||
Established: May 6, 1997 |
Policies* | |||
333-53909 | Legacy PlusSM Variable Life Insurance | |||
811-08561 | Policies* | |||
333-80191 | Corporate America - Variable Life | |||
811-08561 | Insurance Policies* | |||
333-90787 | Platinum Investor® Survivor | |||
811-08561 | Variable Life Insurance Policies* | |||
333-87307 | The ONE VUL Solution | |||
811-08561 | Variable Life Insurance Policies* | |||
333-89897 | AG Legacy Plus | |||
811-08561 | Variable Life Insurance Policies* | |||
333-43264 | Platinum Investor® III | |||
811-08561 | Variable Life Insurance Policies* | |||
333-65170 | Platinum Investor® Survivor II | |||
811-08561 | Variable Life Insurance Policies* | |||
333-82982 | Platinum Investor® PLUS | |||
811-08561 | Variable Life Insurance Policies* | |||
333-109613 | Platinum Investor® FlexDirector | |||
811-08561 | Variable Life Insurance Policies* | |||
333-118318 | Platinum Investor® IV | |||
811-08561 | Variable Life Insurance Policies* | |||
333-129552 | Platinum Investor® VIP | |||
811-08561 | Variable Life Insurance Policies* | |||
333-137817 | Platinum Investor VIP (2007) | |||
811-08561 | Variable Life Insurance Policies* | |||
333-143072 | AG Corporate Investor VUL | |||
811-08561 | Variable Life Insurance Policies* | |||
333-144594 | AG Income Advantage VUL | |||
811-08561 | Variable Life Insurance Policies* | |||
333-146948 | Protection Advantage Select VUL | |||
811-08561 | Variable Life Insurance Policies* | |||
333-151576 | Income Advantage Select VUL | |||
811-08561 | Variable Life Insurance Policies* | |||
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Name of Separate Account and Date | Registration Numbers and Names of Contracts Funded | |||
Established by Board of Directors | by Separate Account |
|||
Registration |
Name of Contract: | |||
Nos.: | ||||
333-153068 | Survivor Advantage VUL | |||
811-08561 | Joint and Last Survivor Flexible Premium | |||
Variable Universal Life Insurance Policies* | ||||
333-153093 | Corporate Investor Select VUL | |||
811-08561 | Flexible Premium Variable Universal Life | |||
Insurance Policies* | ||||
333-196172 | AG Platinum Choice VUL | |||
811-08561 | Flexible Premium Variable Universal
Life Insurance Policies* |
|||
American General Life Insurance Company |
333-198223 | Polaris Select Investor Variable Annuity* | ||
811-03859 |
* Subject to reimbursement of certain administrative expenses as set forth in Paragraph 3.2(e)
of the Participation Agreement referenced above.
** 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. Such
agreement shall be reflected in a written acknowledgement executed by all Parties.
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