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EXHIBIT 8(h)
AMENDMENT TO AGREEMENT
THIS AMENDMENT made as of the ___ day of _________, 1998 to amend portions of
the Participation Agreement entered into by X. Xxxx Price Fixed Income Series,
Inc., X. Xxxx Price Investment Services, Inc. and IL Annuity and Insurance
Company on September 5, 1995 for the purpose of adding Bankers Life Insurance
Company of New York as a party to the agreement.
1. The initial paragraph is amended to read:
THIS AGREEMENT, made and entered into as of the 5th day of September, 1995
by and among IL Annuity and Insurance Company (hereinafter, "XXX"), a
Massachusetts insurance company, and, as amended the ___ day of _____,
1998, Bankers Life Insurance Company of New York (hereinafter, "BLNY"), a
New York insurance company, on their own behalf and on behalf of each
segregated asset account of the Company set forth on Schedule A hereto as
may be amended from time to time (each account hereinafter referred to as
the "Account"), and the undersigned funds, each, a corporation organized
under the laws of Maryland (hereinafter referred to as the "Fund") and X.
Xxxx Price Investment Services, Inc. (hereinafter the "Underwriter"), a
Maryland corporation. "The Company" shall be used hereinafter to refer to
both XXX and BLNY, individually.
2. Article II, Section 2.1 is amended as follows:
a. The first two words of the section ("the Company") are replaced
by "XXX."
b. The first reference to "the Account" in the second sentence of the
section is replaced by "the IL Annuity and Insurance Company
Separate Account I ("XXX Account")." The second reference to "the
Account" in the second sentence of the section is replaced by "XXX
Account."
c. The following sentences are added to the section:
BLNY represents and warrants that the Contracts are or will be
registered under the 1933 Act; that the Contracts will be issued and
sold in compliance in all material respects with all applicable
federal and state laws and that the sale of the Contracts shall
comply in all material respects with state insurance suitability
requirements. BLNY further represents and warrants that it is an
insurance company duly organized and in good standing under
applicable law and that it has legally and validly established the
Bankers Life Insurance Company of New York Separate Account I ("BLNY
Account") prior to any issuance or sale thereof as segregated asset
accounts under New York insurance laws, and has registered or, prior
to any issuance or sale of the Contracts, will register the BLNY
Account as a unit investment trusts in accordance with the
provisions of the 1940 Act to serve as a segregated investment
account for the Contracts.
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3. Schedule A is amended to add:
a. Bankers Life Insurance Company of New York Separate Account I as
an additional separate account AND
b. VCA-97BL as an additional Contract Funded by BLNY Separate Account
I.
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IN WITNESS WHEREOF, the parties have caused their duly authorized officers
to execute this Agreement to Amend of the date and year first above written.
FUND: X. XXXX PRICE FIXED INCOME SERIES, INC.
By its authorized officer
By:
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Title:
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Date:
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UNDERWRITER: X. XXXX PRICE INVESTMENT SERVICES, INC.
By its authorized officer
By:
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Title:
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Date:
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COMPANY: BANKERS LIFE INSURANCE COMPANY OF
NEW YORK
By its authorized officer
By:
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Title:
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Date:
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BANKERS LIFE INSURANCE COMPANY OF
NEW YORK
Attest:
By:
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Title:
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Date:
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