EXHIBIT-99(zz)
AMENDMENT
THIS AMENDMENT ("Amendment") effective as of December 1, 2004 is made and
entered into by and between Annuity Investors Life Insurance Company (the
"Company"), PIMCO Variable Insurance Trust (the "Fund"), and PIMCO Funds
Distributors LLC (the "Underwriter") and is intended to form a part of that
certain Participation Agreement effective as of July 1, 2002 to which it is
attached ("Participation Agreement").
WHEREAS, the parties desire to amend the Participation Agreement to make
available to Company for purchase on behalf of certain additional Accounts
shares of certain Designated Portfolios, effective as of December 1, 2004.
NOW THEREFORE, in consideration of the premises and the mutual promises and
covenants hereinafter set forth, and for other good and valuable consideration
in hand paid, including, but not limited to, the consideration supporting the
Participation Agreement, the parties agree that said agreement is amended as
follows:
I. All terms that are defined in the Participation Agreement shall have the
same meaning in this Amendment.
II. Schedule A to the Participation Agreement dated July 1, 2002 is deleted in
its entirety and replaced with the following:
Schedule A
PIMCO VARIABLE INSURANCE TRUST ("PIMCO")
1. Designated Portfolios:
A. PIMCO VIT High Yield Portfolio - Administrative Class;
B. PIMCO VIT Real Return Portfolio - Administrative Class; and
C. PIMCO VIT Total Return Portfolio - Administrative Class.
ANNUITY INVESTORS LIFE INSURANCE COMPANY ("ANNUITY INVESTORS")
1. Segregated Asset Accounts:
A. Annuity Investors Variable Account C - established November 7, 2001 -
Designated Portfolios A, B, & C above; and
B. Annuity Investors Variable Account B - Designated Portfolios B & C above,
effective as of December 1, 2004.
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2. Contracts:
A. Annuity Investors Variable Account C.
(a). The Commodore Helmsman Individual Flexible Premium Deferred Variable
Annuity; and
(b). The Commodore Majesty Individual Flexible Premium Deferred Variable
Annuity.
B. Annuity Investors Variable Account B.
(a). The Commodore Spirit Individual and Group Flexible Premium Deferred
Variable Annuity (formerly known as The Commodore Navigator Flexible Premium
Deferred Variable Annuity);
(b). The Commodore Advantage Individual and Group Flexible Premium Deferred
Variable Annuity; and
(c). The Commodore Independence Individual and Group Flexible Premium Deferred
Variable Annuity.
IV. All other terms and conditions of the Participation Agreement remain
unchanged. If there is an inconsistency between the terms of this Amendment and
the terms of the Participation Agreement, then the terms of the Participation
Agreement shall control unless the context clearly indicates otherwise.
(The Remainder of This Page Has Been Intentionally Left Blank)
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IN WITNESS WHEREOF, the parties have executed this Amendment as set forth below.
ANNUITY INVESTORS LIFE INSURANCE COMPANY
By: /s/
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Its: Vice President
PIMCO VARIABLE INSURANCE TRUST
By: /s/
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Its:
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PA DISTRIBUTORS LLC
By: /s/
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Its: CEO
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