Exhibit 8(c)(ii)
AMENDMENT TO THE NOVEMBER 7, 1990 SHARED FUNDING AGREEMENT
AMONG MUTUAL OF AMERICA LIFE INSURANCE COMPANY,
THE AMERICAN LIFE INSURANCE COMPANY OF NEW YORK
AND XXXXXXX SECURITIES CORPORATION
The Shared Funding Agreement for Separate Account No. 2 dated November 7,
1990, between Mutual of America Life Insurance Company ("Mutual"), a New York
mutual life insurance corporation with principal offices currently at 000 Xxxx
Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, and Xxxxxxx Securities Corporation, principal
underwriter to Xxxxxxx Variable Series, Inc., a registered investment company,
with principal offices at 0000 Xxxxxxxxxx Xxxxxx, Xxxxxxxx, Xxxxxxxx 00000, as
amended to include The American Life Insurance Company of New York ("American
Life"), a New York mutual life insurance company with principal offices
currently at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, is hereby amended as
follows:
2.1 is revised to read:
Mutual shall maintain variable annuity contracts and variable life
insurance policies and American Life may maintain variable annuity
contracts and variable life insurance policies (such contracts and
policies, the "Contracts") designed to provide, under current law, the
benefits of a tax-deferred accumulation of income for retirement and other
purposes and/or life insurance protection.
The first sentence of 2.2 is revised to read:
2.2 Purchase payments for the Contracts may be invested in by Mutual in its
Separate Accounts No. 2 and No. 3 and by American Life in its Separate
Accounts No. 2 and No. 3, each a "separate account" registered with the
Securities and Exchange Commission as a unit investment trust under the
Investment Company Act of 1940 (1940 Act).
IN WITNESS WHEREOF, the parties to the Agreement have executed this Agreement as
of __________, 1999.
XXXXXXX SECURITIES CORPORATION MUTUAL OF AMERICA LIFE
INSURANCE COMPANY
BY: BY:
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Xxxxxxx X. Xxxxxxxxx Xxxxxxx Xxxxxxxx
Senior Vice President, Secretary Senior Executive Vice President
and General Counsel and Chief Financial Officer
THE AMERICAN LIFE INSURANCE
COMPANY OF NEW YORK
BY:
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Xxxxxxx Xxxxxxxx
Senior Executive Vice President
and Chief Financial Officer