EXHIBIT (h)(21)(j)
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
THIS 14/TH/ AMENDMENT TO PARTICIPATION AGREEMENT ("Amendment") effective as
of August , 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
1
to purchase and redeem shares of certain Portfolios of the Fund effective on
or about August , 2014, with the Polaris Select Investor Variable Annuity
as the Variable Insurance Product available within such Account.
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.
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 FSA
Variable Separate Account, and to reflect the administrative fees payable to
FS 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 Investment Only Variable Annuity [marketing name TBD].
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.
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:
"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
2
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."
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 August , 2014.
8. Except as amended hereby, the Agreement is hereby ratified and confirmed in
all respects.
3
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.
By: ___________________________________
Name: ___________________________________
Title: ___________________________________
AIG CAPITAL SERVICES, INC.
By: ___________________________________
Name: ___________________________________
Title: ___________________________________
VALIC COMPANY I
By: ___________________________________
Name: ___________________________________
Title: ___________________________________
THE VARIABLE ANNUITY LIFE INSURANCE COMPANY
By: ___________________________________
Name: ___________________________________
Title: ___________________________________
4
SCHEDULE A-1
PORTFOLIOS OF
VALIC COMPANY I
AVAILABLE FOR PURCHASE BY
AMERICAN GENERAL LIFE INSURANCE COMPANY
UNDER THIS AGREEMENT
(AS OF AUGUST , 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.
5
SCHEDULE A-2
PORTFOLIOS OF
VALIC COMPANY I
AVAILABLE FOR PURCHASE BY
AMERICAN GENERAL LIFE INSURANCE COMPANY
UNDER THIS AGREEMENT
(AS OF AUGUST 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.
6
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
Nos.: Name of Contract:
----- -----------------
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 Reserve/SM/ Flexible Payment
Separate Account D 811-02441 Variable and Fixed Individual Deferred
Established: November 19, 1973 Annuity*
33-43390 Variety Plus/SM/ Variable Annuity*
811-02441
333-70667 Platinum Investor(R) Variable Annuity*
811-02441
333-109206 Platinum Investor(R) Immediate Variable
811-02441 Annuity*
002-49805 Individual Variable Annuity (regular
811-02441 surrender charge/deferred sales load
AGVU)*
002-49805 Individual Variable Annuity (front end load
811-02441 AGVH)
033-43390 Generations Variable Annuity
811-02441
American General Life Insurance Company 333-102301 Equibuilder Flexible Premium Variable
Separate Account VUL 811-05794 Life Insurance *
Established: July 22, 1987
American General Life Insurance Company 333-102303 Individual VA Contracts *
Separate Account VA-2 811-01990
Established: December 31, 2002
7
NAME OF SEPARATE ACCOUNT AND DATE REGISTRATION NUMBERS AND NAMES OF CONTRACTS FUNDED
ESTABLISHED BY BOARD OF DIRECTORS BY SEPARATE ACCOUNT
--------------------------------- -------------------
Registration
Nos.: Name of Contract:
----- -----------------
American General Life Insurance Company 333-42567 Platinum Investor(R) I and Platinum
Separate Account VL-R 811-08561 Investor(R) II Variable Life Insurance
Established: May 6, 1997 Policies*
333-53909 Legacy Plus/SM/ Variable Life Insurance
811-08561 Policies*
333-80191 Corporate America - Variable Life
811-08561 Insurance Policies*
333-90787 Platinum Investor(R) 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(R) III
811-08561 Variable Life Insurance Policies*
333-65170 Platinum Investor(R) Survivor II
811-08561 Variable Life Insurance Policies*
333-82982 Platinum Investor(R) PLUS
811-08561 Variable Life Insurance Policies*
333-109613 Platinum Investor(R) FlexDirector
811-08561 Variable Life Insurance Policies*
333-118318 Platinum Investor(R) IV
811-08561 Variable Life Insurance Policies*
333-129552 Platinum Investor(R) 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*
8
NAME OF SEPARATE ACCOUNT AND DATE REGISTRATION NUMBERS AND NAMES OF CONTRACTS FUNDED
ESTABLISHED BY BOARD OF DIRECTORS BY SEPARATE ACCOUNT
--------------------------------- -------------------
Registration
Nos.: Name of Contract:
----- -----------------
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-______ Investment Only Variable Annuity Product
Variable Separate Account 811-____ (marketing name TBD)*
* 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.
9
