THE REGISTRANT HAS APPLIED FOR CONFIDENTIAL TREATMENT OF CERTAIN TERMS IN THIS
EXHIBIT WITH THE SECURITIES AND EXCHANGE COMMISSION. THE CONFIDENTIAL PORTIONS
OF THIS EXHIBIT ARE MARKED WITH AN ASTERISK [*] AND HAVE BEEN OMITTED. THE
OMITTED PORTIONS OF THIS EXHIBIT WILL BE FILED SEPARATELY WITH THE SECURITIES
AND EXCHANGE COMMISSION PURSUANT TO A CONFIDENTIAL TREATMENT REQUEST.
AUTOMATIC REINSURANCE AGREEMENT
between
THE MANUFACTURERS LIFE INSURANCE COMPANY OF NEW YORK
(a corporation organized under the laws of the state of New York, having
its principal place of business in Boston, Massachusetts; hereinafter
referred to as the CEDING COMPANY)
and
AXA CORPORATE SOLUTIONS LIFE REINSURANCE COMPANY
(a corporation organized under the laws of the state of Delaware, having
its principal place of business in New York, New York; hereinafter referred
to as the REINSURER)
EFFECTIVE DATE OF THIS AGREEMENT: SEPTEMBER 17, 2001
(hereinafter referred to as the EFFECTIVE DATE)
AGREEMENT NO. 2001-41NY
TABLE OF CONTENTS
PREAMBLE ............................................................ 1
Article I. Scope of Agreement ......................................... 1
Article II. Commencement and Termination of Liability .................. 2
Article III. Oversights and Clerical Errors ............................. 3
Article IV. Net Amount at Risk ......................................... 4
Article V. Reinsurance Premiums ....................................... 6
Article VI. Reinsurance Administration ................................. 7
Article VII. Settlement of Claims ....................................... 9
Article VIII. Treaty Reserve ............................................. 11
Article IX. Recapture Privileges ....................................... 12
Article X. Inspection of Records ...................................... 13
Article XI. Insolvency ................................................. 14
Article XII. Negotiation ................................................ 15
Article XIII. Arbitration ................................................ 16
Article XIV. Right to Offset Balances Due ............................... 18
Article XV. Contract and Program Changes ............................... 19
Article XVI. Confidentiality ............................................ 21
Article XVII. Other Provisions ........................................... 22
A. Notifications ........................................... 22
B. Assignment .............................................. 22
C. Severability ............................................ 22
D. Currency ................................................ 22
Article XVIII. Entire Agreement ........................................... 23
Article XIX. DAC Tax .................................................... 24
Article XX. Duration of Agreement ...................................... 25
Article XXI. Execution of Agreement ..................................... 26
SCHEDULES AND EXHIBITS
Schedule A Plans of Reinsurance
Schedule B Investment Funds
Schedule C Required Data and Suggested Data Layout
Exhibit I Mortality Table/Projection Scale G
Exhibit II Benefit Limitation Rule
Exhibit III Annuitization Rate And Exposure Determination
Exhibit IV Confidentiality and Non-Disclosure Agreement
Exhibit V Wiring Instructions
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB)
Effective September 17, 2001
i
PREAMBLE
This Agreement is an indemnity reinsurance agreement solely between the CEDING
COMPANY and the REINSURER. The acceptance of reinsurance hereunder shall not
create any right or legal relation whatever between the REINSURER and the
annuitant, owner, beneficiary or any other party under any contracts of the
CEDING COMPANY which may be reinsured hereunder. The CEDING COMPANY shall be and
remain solely liable to such parties under such contracts reinsured hereunder.
All provisions of this Agreement are subject to the laws of the State of New
York.
ARTICLE I.
SCOPE OF AGREEMENT
A. On and after the EFFECTIVE DATE of this Agreement, the CEDING COMPANY shall
automatically reinsure with the REINSURER and the REINSURER shall
automatically accept, its share of the IBNAR (defined in Article IV),
generated prior to termination of the REINSURER's liability (defined in
Article II), by the Guaranteed Minimum Income Benefit (GMIB) provisions of
the Guaranteed Retirement Income Program (Income Program) within the
variable annuity contracts issued by the CEDING COMPANY and reinsured
hereunder (defined in Schedule A).
B. The REINSURER's maximum aggregate IBNAR (defined in Article IV) liability
incurred in any one calendar year shall not exceed the lesser of:
1. [*] basis points of the REINSURER's Quota Share Percentage (defined in
Schedule A) of the average aggregate IBB (defined in Schedule A) value
inforce hereunder eligible to annuitize under the Income Program
(i.e., those contracts past their waiting period, defined in Schedule
A) over each respective calendar year of coverage. This average shall
be calculated by way of a trapezoidal rule as shown in Exhibit II. and
2. The total liability amount generated once the annual annuitization
rate reaches [*] during the calendar year of coverage. This
annuitization rate calculation is described in Exhibit III.
The annuitization rate will be monitored as described in Article VI,
Paragraph D.
C. The REINSURER's maximum IBNAR liability on any individual life reinsured
hereunder shall be limited to one million dollars ($1,000,000) multiplied
by the REINSURER's Quota Share Percentage.
D. This Agreement covers only the CEDING COMPANY's contractual liability for
claims that are realized upon annuitization under the contractual terms of
the Income Program within the variable annuity contract forms specified in
Schedule A and supported by investment funds specified in Schedule B and
its Amendments, that were submitted to the REINSURER in accordance with the
terms of this Agreement set forth in Article XV, Contract and Program
Changes.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 1
Effective September 17 2001
ARTICLE II.
COMMENCEMENT AND TERMINATION OF LIABILITY
A. On reinsurance ceded under the terms of this Agreement, the liability of
the REINSURER shall commence simultaneously with that of the CEDING
COMPANY.
B. The liability of the REINSURER for all reinsured contracts under this
Agreement may terminate in accordance with
1. the Duration of Agreement provisions of this Agreement set forth in
Article XX, or
2. the termination provisions set forth within Article VI,
Administration, or
3. the Recapture Privileges set forth in Article IX.
C. For an individual contract, the liability of the REINSURER under this
Agreement will terminate either in accordance with Paragraph B, above, or
upon the earliest of the following occurrences defined in the contract(s)
reinsured hereunder:
1. the date the owner elects to annuitize pursuant to other than the
Income Program;
2. surrender or termination of the contract
3. full withdrawal, including 1035 exchanges and qualified transfers when
the CEDING COMPANY terminates the contract and releases the proceeds
to the contract owner, beneficiary, annuitant or new carrier;
4. the death of the owner or annuitant where such death triggers the
payment of a contractual death benefit, except when spousal
continuance has been elected during the new business term of this
Agreement as defined in Article XX, Paragraph A. On spousal
continuance election the REINSURER's liability will be terminated upon
death of the spouse;
5. attainment of the maximum annuitization age or attained age 95, if
earlier.
D. Upon annuitization under the Income Program, the liability of the REINSURER
shall terminate, subject to the payment of a benefit claim that may be due
in accordance with the IBNAR calculation as set forth in Article IV.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 2
Effective September 17 2001
ARTICLE III.
OVERSIGHTS AND CLERICAL ERRORS
A. Should either the CEDING COMPANY or the REINSURER fail to comply with any
of the terms of this Agreement, and if this is shown to be unintentional
and the result of a misunderstanding, oversight or clerical error on the
part of either the CEDING COMPANY or the REINSURER, then this Agreement
shall not be deemed abrogated thereby, but both companies shall be restored
to the positions they would have occupied had no such oversight,
misunderstanding or clerical error occurred. Such conditions are to be
reported and corrected promptly after discovery.
B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY
did not cede reinsurance on a contract it should have reinsured under this
Agreement, the CEDING COMPANY will take prompt, reasonable and necessary
steps to ensure that similar oversights do not recur. Then this Agreement
shall not be deemed abrogated thereby, but both companies shall be restored
to the positions they would have occupied had the CEDING COMPANY ceded such
reinsurance at the original date. If the REINSURER receives no evidence
that the CEDING COMPANY has taken action to remedy such a situation, the
REINSURER reserves the right to limit its liability to reported contracts
only.
C. Any negligent or deliberate acts or omissions by the CEDING COMPANY
regarding the insurance or reinsurance provided are the responsibility of
the CEDING COMPANY and its liability insurer, if any, but not that of the
REINSURER. The previous sentence does not negate the REINSURER's liability
under Article VII, Settlement of Claims, of this Agreement.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 3
Effective September 17 2001
ARTICLE IV.
NET AMOUNT AT RISK
A. The IBNAR (Income Benefit Net Amount at Risk) for each variable annuity
contract reinsured hereunder shall be equal to the following:
IBNAR = Maximum [( IBB * ( MAPR / SAPR ) - Account Value), 0] * REINSURER's
Quota Share Percentage
where:
- The INCOME BENEFIT BASE (IBB) is as defined in Schedule A
- The MINIMUM ANNUITY PURCHASE RATE (MAPR) per $1000 is calculated using
the following assumptions:
Mortality Table: [*]
Age Setback: None
Mortality Improvement: [*]
Unisex Blend: Sex distinct only
Interest Rate: [*] all years
Expenses: None
Premium Taxes: Applied by state of residence and market
Age: Attained age nearest birthday on exercise date
Frequency of Payment: Monthly or quarterly or annually
Annuity Form: Limited to a Life Annuity with a 10 Year Period Certain
or Joint and Survivor Life Annuity with 20 Year Period
Certain.
For qualified plans: period certain to meet IRS
requirement.
- The SETTLEMENT ANNUITY PURCHASE RATE (SAPR) per $1000, which is used
at time of annuitization for reinsurance claims settlement, is
calculated using the following assumptions:
Mortality Table: [*]
Age Setback: None
Mortality Improvement: [*]
Unisex Blend: Sex distinct only
Interest Rate: The yield on the most recently auctioned [*]-Year U.S.
Treasury Security (i.e., "on-the-run"), as posted in
the Wall Street Journal, at the beginning of the month
in which annuitization occurs minus [*] Basis Points.
That interest rate shall never be less than [*]. If
there is
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 4
Effective September 17 2001
ARTICLE IV, NET AMOUNT AT RISK
(Continued)
no recent [*]Year U.S. Treasury Security posted, then
the linear interpolation of the [*]Year and [*]Year
U.S. Treasury Security as posted by the Wall Street
Journal will be used in lieu of the [*]Year rate. The
[*]Year linear interpolated rate will be calculated
using [*] of the [*]Year rate plus [*] of the [*]Year
rate.
Expenses: None
Premium Taxes: Applied by state of residence and market
Age: Attained age nearest birthday on exercise date
Frequency of Payment: Monthly or quarterly or annually
Annuity Form: Limited to a Life Annuity with a 10 Year Period Certain
or Joint and Survivor Life Annuity with 20 Year Period
Certain.
For qualified plans: period certain to meet IRS
requirement.
B. The actual annuity purchase rates offered by the CEDING COMPANY at time of
annuitization under the Income Program may differ from those defined above.
The annuity rates defined above are used for settlement of reinsurance
claims only.
C. Premium taxes will be applied on a consistent basis between the MAPR and
SAPR to calculate the IBNAR.
D. The IBNAR for each contract reinsured hereunder shall be calculated as of
the last day of each calendar month prior to the termination of liability
contingencies set forth in Article II.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 5
Effective September 17 2001
ARTICLE V.
REINSURANCE PREMIUMS
A. The Reinsurance Premium is an asset-based reinsurance premium applied to
the average aggregate IBB value for the reporting period multiplied by the
REINSURER's Quota Share Percentage. The reporting period is monthly.
B. The annualized reinsurance premiums are shown below and are expressed in
terms of basis points. They shall be applied on a monthly basis by
utilizing one-twelfth (1/12th) of the annualized rates.
Issue Reinsurance Premium Guaranteed Maximum
Income Program Ages (Basis Points) (Basis Points)
-------------- ----- ------------------- ------------------
Income Program Rider 0-80 [*] [*]
The current reinsurance premium rate shall be in effect for a minimum of
fifteen (15) years from the EFFECTIVE DATE of this Agreement. Thereafter,
the reinsurance premium may be increased based on expected experience but
not beyond the stated guaranteed maximum rates shown.
C. The total Reinsurance Premium due and payable in the first month shall at
least equal [*] for this Agreement, the complementary GMDB Agreement, if
any, Agreement No. 2000-14, Agreement Xx. 0000-00, Xxxxxxxxx Xx. 0000-00
and Agreement No. 2001-48, combined. Thereafter, the minimum reinsurance
premium that is due and payable shall increase by [*] for each month after
the first month until it reaches [*], for the combined agreements, six
months after the EFFECTIVE DATE. The total reinsurance premium that is due
and payable for the combined agreements in any month thereafter shall at
least equal seven thousand five hundred dollars ($7,500).
D. The reinsurance rates and the premium structure described above are subject
to change based on the criteria described in Article XV, Contract and
Program Changes.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 6
Effective September 17 2001
ARTICLE VI.
REINSURANCE ADMINISTRATION
A. The CEDING COMPANY acknowledges the importance of supplying timely and
accurate data, as defined herein, to enable the REINSURER to manage
effectively the risk associated with the products reinsured hereunder.
Therefore, within thirty (30) days of the end of each calendar month, the
CEDING COMPANY will take all necessary steps to furnish the REINSURER with
a seriatim electronic report as detailed in Schedule C, for each contract
specified in Schedule A, valued as of the last day of that month.
B. Additionally, within thirty (30) days of the end of each calendar month,
the CEDING COMPANY will furnish the REINSURER with a separate Summary
Statement containing the following:
1. reinsurance premiums due to the REINSURER summarized separately for
each Income Program premium class as shown in Article V;
2. benefit claim reimbursements under the contractual terms of the Income
Program that are due to the CEDING COMPANY;
3. month end date for the period covered by the Summary Statement.
C. Payments between the CEDING COMPANY and the REINSURER shall be paid net of
any amount due and unpaid under this Agreement. If the net balance is due
to the REINSURER, the amount due shall be remitted with the Summary
Statement, but no later than thirty (30) days from the month end date for
the period covered by the Summary Statement. If the net balance is due to
the CEDING COMPANY, the REINSURER shall remit the amount to the CEDING
COMPANY within ten (10) days of receipt of the Summary Statement. Wiring
instructions are attached in Exhibit V.
D. Furthermore, the REINSURER will use the summary data in Schedule C to
calculate and monitor its maximum annual aggregate IBNAR liability, as
described in Article I, Paragraph B, throughout the calendar year. Both the
CEDING COMPANY and the REINSURER shall approximate the annuitization rate
each calendar quarter during the year to determine if actual annuitization
exceeds the maximum annuitization rate, specified in Article I, Paragraph
B, on an annual basis. If the maximum annuitization rate is exceeded, the
REINSURER will temporarily suspend the payment of Income Program claims
until the end of the following calendar quarter or until such time that all
data required for the calculation is available. The REINSURER will then
determine whether a true-up of Income Program claims for the calendar year
is required. It is the intent of both parties that the calculations
described in this Paragraph D are mutually confirmed prior to initiation of
any actions described herein.
E. The payment of reinsurance premiums is a condition precedent to the
liability of the REINSURER under this Agreement. In the event the CEDING
COMPANY does not pay reinsurance premiums in a timely manner as defined
below, the REINSURER may exercise the following rights:
1. The REINSURER reserves the right to charge interest if premiums are
not paid within sixty (60) days of the due date, as defined in
Paragraph C of this Article. The interest rate charged shall be based
on the [*] in the month following the due date of the reinsurance
premiums [*]. The
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 7
Effective September 17 2001
ARTICLE VI, REINSURANCE ADMINISTRATION
(Continued)
method of calculation shall be simple interest (360-day year).
Interest will accrue from sixty (60) days following the due date shown
on the Summary Statement.
2. The REINSURER will have the right to terminate this Agreement when
premium payments are more than ninety (90) days past due the due date
described in Paragraph C of this Article, by giving ninety (90) days
written notice of termination to the CEDING COMPANY. As of the close
of the last day of this ninety-(90) day notice period, the REINSURER's
liability for all risks reinsured associated with the defaulted
premiums under this Agreement will terminate. If all premiums in
default are received within the ninety-(90l day time period, the
Agreement will remain in effect.
F. If claims are not paid within sixty (60) days of the REINSURER's receipt of
satisfactory proof of claim liability, the CEDING COMPANY reserves the
right to charge interest, based on the [*] in the month following the due
date shown on the Summary Statement plus fifty (50) basis points. The
method of calculation shall be simple interest (360-day year). Interest
will accrue from sixty (60l days following the due date shown on the
Summary Statement.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 8
Effective September 17 2001
ARTICLE VII.
SETTLEMENT OF CLAIMS
A. The claims that are eligible for reimbursement are only those that the
CEDING COMPANY is contractually required to pay on or after the expiration
of the waiting period and upon annuitization under the terms of the Income
Program where such events occur, on the policies reinsured hereunder, on or
after the EFFECTIVE DATE, subject to the liability limitations described in
Article I.
B. In the event the CEDING COMPANY provides satisfactory proof of claim
liability to the REINSURER, claim settlements made by the CEDING COMPANY
shall be unconditionally binding on the REINSURER. In every case of claim,
copies of the proofs obtained by the CEDING COMPANY will be taken by the
REINSURER as sufficient.
C. Within thirty (30) days of the end of each calendar month, the CEDING
COMPANY shall notify the REINSURER of the reinsured contractual Income
Program benefits paid in that month, based on the IBNAR definition set
forth in Article IV, and the REINSURER shall reimburse the CEDING COMPANY,
as provided in Article VI, for the reinsured benefits.
D. Settlements by the REINSURER shall be in a lump sum regardless of the mode
of payment made by the CEDING COMPANY.
E. With respect to Extra-Contractual Damages, in no event will the REINSURER
participate in punitive or compensatory damages or statutory penalties
which are awarded against the CEDING COMPANY as a result of an act,
omission or course of conduct committed solely by the CEDING COMPANY in
connection with the insurance reinsured under this Agreement.
The parties recognize that circumstances may arise in which equity would
require the REINSURER, to the extent permitted by law, to share
proportionately in certain assessed situations in which the REINSURER was
an active party and directed, consented to, or ratified the act, omission
or course of conduct of the CEDING COMPANY which ultimately resulted in the
assessment of the extra-contractual damages. In such situations, the
REINSURER and the CEDING COMPANY shall share such damages so assessed in
equitable proportions.
For the purposes of this provision, the following definitions will apply:
"Punitive Damages" are those damages awarded as a penalty, the amount
of which is neither governed nor fixed by statute
"Statutory Penalties" are those amounts awarded as a penalty, but
fixed in amount by statute
"Compensatory Damages" are those amounts awarded to compensate for the
actual damages sustained and are not awarded as a penalty, nor fixed
in amount by statute
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 9
Effective September 17 2001
ARTICLE VII, SETTLEMENT OF CLAIMS
(Continued)
If the REINSURER declines to be party to the contest, compromise or
litigation of a claim, it will pay its full share of the amount reinsured,
as if there had been no contest, compromise or litigation. In addition, the
REINSURER will pay its proportionate share of covered expenses incurred to
the date it notifies the CEDING COMPANY that it declines to be a party to
the contest, compromise or litigation of a claim.
F. In no event will the REINSURER be liable for expenses incurred in
connection with a dispute or contest arising out of conflicting or any
other claims of entitlement to policy proceeds or benefits, provided the
REINSURER makes payment of the amount of reinsurance to the CEDING COMPANY,
as described in the above paragraph.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 10
Effective September 17 2001
ARTICLE VIII.
TREATY RESERVE
A. The reserves held by the REINSURER in its statutory financial statement
will be greater than or equal to those required by the state where the
statement is filed.
B. It is the intention of both the REINSURER and the CEDING COMPANY that the
CEDING COMPANY qualify for reinsurance credit in all States for reinsurance
ceded hereunder. The REINSURER, at its sale cost and expense, shall do all
that is necessary to comply with the insurance laws and regulations of all
States in order to enable the CEDING COMPANY to take credit for the
reinsurance ceded hereunder, including delivery of any reports required
thereunder.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 11
Effective September 17 2001
ARTICLE IX.
RECAPTURE PRIVILEGES
A. The CEDING COMPANY may recapture existing reinsurance in force in
accordance with the following rules:
B. The CEDING COMPANY will notify the REINSURER of its intent to recapture at
least ninety (90) days prior to any recaptures.
C. No recapture will be made unless reinsurance has been in force for fifteen
(15) years, as measured from the EFFECTIVE DATE, or on some other date if
mutually agreed to by both parties.
D. The recapture shall apply to all the reinsurance in force under the
Agreement.
E. Recapture will only be available provided the total carryforward, upon
release of treaty reserves, is in a positive position.
F. The carryforward for each Agreement is defined as the current period's
reinsurance premium, minus all reinsurance claims paid under this Agreement
for the current period, minus a [*] basis point annual expense allowance
applied against the average aggregate Account Value for the current period,
minus the change in treaty reserves from the prior period to the current
period, plus the prior period's carryforward. The monthly carryforward
amount is accumulated at the ninety-(90) day Federal Government Treasury
Xxxx rate as published in the Wall Street Journal on the first business day
of the current period plus [*].
Note: For purposes of calculating the carryforward, treaty reserves are
defined as the minimum statutory reserves required of the REINSURER in the
CEDING COMPANY's state of domicile. The CEDING COMPANY shall promptly
notify the REINSURER of any change in its state of domicile.
G. Upon election, recapture shall occur ratably over a [*] month period (i.e.,
every month the initial quota share percentage reduces [*] times the
initial quota share percentage). It is irrevocable once elected.
H. The CEDING COMPANY and the REINSURER agree to exchange carryforward
calculations each year-end to ensure ongoing agreement on the position of
the carryforward.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 12
Effective September 17 2001
ARTICLE X.
INSPECTION OF RECORDS
A. The REINSURER, or its duly appointed representatives, shall have the right
at all reasonable times and for any reasonable purpose to inspect at the
office of the CEDING COMPANY all records referring to reinsurance ceded to
the REINSURER.
B. Relating to the business reinsured hereunder, the CEDING COMPANY or its
duly appointed representatives shall have the right at all reasonable times
and for any reasonable purpose, to inspect at the office of the REINSURER
all records referring to reinsurance ceded from the CEDING COMPANY.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 13
Effective September 17 2001
ARTICLE XI.
INSOLVENCY
A. A party to this Agreement will be deemed insolvent when it:
a. Applies for or consents to the appointment of a receiver,
rehabilitator, conservator, liquidator or statutory successor
("Authorized Representative") of its properties or assets; or
b. Is adjudicated as bankrupt or insolvent; or
c. Files or consents to the filing of a petition in bankruptcy,
seeks reorganization or an arrangement with creditors or takes
advantage of any bankruptcy, dissolution, liquidation, or similar
law or statute; or
d. Becomes the subject of an order to rehabilitate or an order to
liquidate as defined by the insurance code of the jurisdiction of
the party's domicile.
B. In the event of the insolvency of the CEDING COMPANY, all reinsurance will
be payable on the basis of the liability of the CEDING COMPANY on the
policies reinsured directly to the CEDING COMPANY or its Authorized
Representative without diminution because of the insolvency of the CEDING
COMPANY.
C. In the event of insolvency of the CEDING COMPANY, the Authorized
Representative will, within a reasonable time after the claim is filed in
the insolvency proceeding, give written notice to the REINSURER of all
pending claims against the CEDING COMPANY on any policies reinsured. While
a claim is pending, the REINSURER may investigate such claim and interpose,
at its own expense, in the proceedings where the claim is adjudicated, any
defense or defenses which it may deem available to the CEDING COMPANY or
its Authorized Representative. The expenses incurred by the REINSURER will
be chargeable, subject to court approval, against the CEDING COMPANY as
part of the expense of liquidation to the extent of a proportionate share
of the benefit which may accrue to the CEDING COMPANY solely as a result of
the defense undertaken by the REINSURER, Where two or more reinsurers are
participating in the same claim and a majority in interest elect to
interpose a defense or defenses to any such claim, the expenses will be
apportioned in accordance with the terms of the Reinsurance Agreement as
though such expense had been incurred by the CEDING COMPANY.
D. Any debts or credits, matured or unmatured, liquidated or unliquidated, in
favor of or against either the REINSURER or CEDING COMPANY with respect to
this Agreement are deemed mutual debts or credits, as the case may be, and
will be offset, and only the balance will be allowed or paid. However, in
the event of liquidation, the REINSURER may offset against undisputed
amounts which are due and payable to the CEDING COMPANY, only those
undisputed amounts due the REINSURER which are not more than one hundred
and eighty (180) days past due at the date of the court order of
liquidation.
E. In the event of insolvency of the REINSURER, the provisions of Article IX
notwithstanding, the CEDING COMPANY may recapture immediately all ceded
benefits upon written notice to the REINSURER, its liquidator, receiver or
statutory successor. The CEDING COMPANY shall also have a claim on the
REINSURER for any reinsurance credit amounts including reserves, unearned
premiums and other amounts due the CEDING COMPANY on such reinsurance, at
the date of recapture.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 14
Effective September 17 2001
ARTICLE XII.
NEGOTIATION
A. Within ten (10) days after one of the parties has given the other the first
written notification of a specific dispute, each party will appoint a
designated officer to attempt to resolve the dispute. The officers will
meet at a mutually agreeable location within thirty (30) days of the last
appointment and as often as necessary, in order to gather and furnish the
other with all appropriate and relevant information concerning the dispute.
The officers will discuss the problem and will negotiate in good faith
without the necessity of any formal arbitration proceedings. During the
negotiation process, all reasonable requests made by one officer to the
other for information will be honored. The designated officers will decide
the specific format for such discussions.
B. If the officers cannot resolve the dispute within thirty (30) days of their
first meeting, the parties will agree to submit the dispute to formal
arbitration, as set forth in Article XIII. However, the parties may agree
in writing to extend the negotiation period for an additional thirty (30)
days.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 15
Effective September 17 2001
ARTICLE XIII.
ARBITRATION
A. It is the intention of the CEDING COMPANY and the REINSURER that the
customs and practices of the insurance and reinsurance industry will be
given full effect in the operation and interpretation of this Agreement.
The parties agree to act in all things with the highest good faith. If
after the negotiation required by Article XII, the REINSURER or the CEDING
COMPANY cannot mutually resolve a dispute that arises out of or relates to
this Agreement, the dispute will be decided through arbitration. The
arbitrators will base their decision on the terms and conditions of this
Agreement and, as necessary, on the customs and practices of the insurance
and reinsurance industry rather than solely on a strict interpretation of
the applicable law. The decision of the arbitrators shall be made within
nine (9) months of the filing of the notice of intention to arbitrate, and
the arbitrators shall agree to comply with this schedule before accepting
appointment. However, this time limit may be extended by agreement of the
parties or by the arbitrators if necessary. Once a decision is reached,
there will be no appeal of their written decision, and any court having
jurisdiction of the subject matter and the parties, may reduce that
decision to judgement. Should the arbitrators be unable to reach a decision
within nine (9) months of the filing of the notice of intention to
arbitrate and should the parties further be unable to agree upon an
extension of the time limit, then either party to this Agreement may
commence litigation proceedings.
B. To initiate arbitration, either the REINSURER or the CEDING COMPANY will
notify the other party in writing of its desire to arbitrate, stating the
nature of its dispute and the remedy sought. The party to which the notice
is sent will respond to the notification in writing within ten (10) days of
its receipt.
C. There will be three arbitrators who will be current or former officers of
life insurance or reinsurance companies other than the contracting
companies or affiliates thereof. Each of the contracting companies will
appoint one of the arbitrators within thirty (30) days from the date
notification is received and these two arbitrators will select the third
arbitrator within thirty (30) days from the date of appointment of the last
arbitrator. If either party refuses or neglects to appoint an arbitrator
within thirty (30) days of the date notification is received, the other
party may appoint the second arbitrator. If the two arbitrators do not
agree on a third arbitrator within thirty (30) days of the appointment of
the last arbitrator, then the appointment of said arbitrator shall be left
to the President of the American Arbitration Association. Once chosen, the
arbitrators are empowered to decide all substantive and procedural issues
by majority vote.
D. It is agreed that each of the three arbitrators should be impartial
regarding the dispute and should resolve the dispute on the basis described
in Section A of this Article.
E. The arbitration hearing will be held on the date fixed by the arbitrators
in New York City. In no event will this date be later than three (3) months
after the appointment of the third arbitrator. As soon as possible, the
arbitrators will establish pre-arbitration procedures as warranted by the
facts and issues of the particular case. At least ten (10) days prior to
the arbitration hearing, each party will provide the other party and the
arbitrators with a detailed statement of the facts and arguments they will
present at the arbitration hearing. The arbitrators may consider any
relevant evidence; they will give the evidence such weight as they deem it
entitled to after consideration of any
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 16
Effective September 17 2001
ARTICLE XIII, ARBITRATION
(Continued)
objections raised concerning it. Each party may examine any witnesses who
testify at the arbitration hearing.
F. The cost of arbitration will be divided between the parties, unless the
arbitrators decide otherwise.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 17
Effective September 17 2001
ARTICLE XIV.
RIGHT TO OFFSET BALANCES DUE
The CEDING COMPANY and the REINSURER shall have, and may exercise at any time,
the right to offset any balance or balances due one party to the other, its
successors or assignees, against balances due to the other party under this
Agreement or under any other Agreements or Contracts previously or subsequently
entered into between the CEDING COMPANY and the REINSURER. This right of offset
shall not be affected or diminished because of the insolvency of either party to
this Agreement.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 18
Effective September 17 2001
ARTICLE XV.
CONTRACT AND PROGRAM CHANGES
A. The CEDING COMPANY may amend, substitute, add or delete variable investment
funds to the investment options supporting the annuity contract as
described in the contract general provisions. No such change shall be made
by the CEDING COMPANY without PRIOR notification to the REINSURER and
without changes being declared effective by the Securities and Exchange
Commission (SEC), if necessary. The REINSURER will approve or disapprove of
the fund change within fifteen (15) working days of the date on which they
receive notification.
The CEDING COMPANY agrees to maintain at all times a satisfactory selection
of core investment options with overall risk profile characteristics
similar to those listed in Schedule B at inception of the Agreement. As
long as this is the case, the REINSURER will approve such fund changes
within fifteen (15) working days of receiving such notification.
Should any such change result in a material change in the underlying risk,
the REINSURER shall have the right to modify, for that product line only,
any of the terms of this Agreement in order to restore, to the extent
possible, the risk profile of the business reinsured hereunder to its
original position when priced by the REINSURER. The REINSURER shall within
fifteen (15) working days of the date on which notification was received,
provide the CEDING COMPANY with notice of its intent to revise the terms of
this Agreement. The CEDING COMPANY shall have the right to approve or
disapprove of the changes proposed by the REINSURER. If both parties are
not able to reach a mutually satisfactory agreement on revised terms, then
notwithstanding Article IX, the CEDING COMPANY shall have the right of
immediate termination of this Agreement for new and inforce business
affected by the change. The CEDING COMPANY shall provide the REINSURER with
written notification of its intent to terminate. The date of termination
shall be the date that the revised terms would have become effective.
B. The CEDING COMPANY shall also give the REINSURER ADVANCE notice of any
other changes to any contract forms reinsured hereunder, such as the
annuity product design and/or death benefit design, the fees and charges,
or the addition of any riders. The REINSURER shall, within fifteen (15)
working days of the date on which notification was received, provide the
CEDING COMPANY with notice of its approval of such change or its intent to
revise the terms of this Agreement.
Should any such change affect new business to be reinsured under this
Agreement and result in a material change in the underlying risk, the
REINSURER shall have the right to modify, for that new business only, any
of the terms of this Agreement in order to restore, to the extent possible,
the risk profile of the business reinsured hereunder to its original
position when priced by the REINSURER. The REINSURER shall, within fifteen
(15) working days of the date on which notification was received, provide
the CEDING COMPANY with notice of its intent to revise the terms of this
Agreement. The CEDING COMPANY shall have the right to approve or disapprove
of the changes proposed by the REINSURER. If both parties are not able to
reach a mutually satisfactory agreement on revised terms, then the CEDING
COMPANY shall have the right of immediate termination of this Agreement for
new business only. The CEDING COMPANY shall
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 19
Effective September 17 2001
ARTICLE XV, CONTRACT AND PROGRAM CHANGES
(Continued)
provide the REINSURER with written notification of its intent to terminate.
The date of termination shall be the date that the revised terms would have
become effective.
Should any such change affect inforce contracts reinsured under this
Agreement and result in a material change in the underlying risk, the
REINSURER shall have the right to modify, for that product line only, any
of the terms of this Agreement in order to restore, to the extent possible,
the risk profile of the business reinsured hereunder to its original
position when priced by the REINSURER. The REINSURER shall, within fifteen
(15) working days of the date on which notification was received, provide
the CEDING COMPANY with notice of its intent to revise the terms of this
Agreement. The CEDING COMPANY shall have the right to approve or disapprove
of the changes proposed by the REINSURER. If both parties are not able to
reach a mutually satisfactory agreement on revised terms, then
notwithstanding Article IX, the CEDING COMPANY shall have the right of
immediate termination of this Agreement for inforce business affected by
said change only. The CEDING COMPANY shall provide the REINSURER with
written notification of its intent to terminate. The date of termination
shall be the date that the revised terms would have become effective.
C. The above paragraphs notwithstanding, neither party, acting unreasonably,
will withhold agreement to revised terms for the sole purpose of
terminating this Agreement.
D. The CEDING COMPANY agrees to provide the REINSURER with all contractholder
communications produced by the CEDING COMPANY as though the REINSURER were
a contractholder in the CEDING COMPANY's state of domicile.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 20
Effective September 17 2001
ARTICLE XVI.
CONFIDENTIALITY
A. This Agreement incorporates the confidentiality agreement previously agreed
to between the parties on March 27, 2002 (the "Confidentiality Agreement"),
a copy of which is attached hereto as Exhibit IV. All matters with respect
to this Agreement require the utmost good faith of both parties. Both the
CEDING COMPANY and the REINSURER shall, in accordance with the terms of the
Confidentiality Agreement hold confidential and not disclose or make
competitive use of any shared Confidential Information of the other party
(as such term is defined in the Confidentiality Agreement), unless
otherwise agreed to in writing, or unless the information otherwise becomes
publicly available by means other than by either party or their agents, or
unless the disclose is required for retrocession purposes, has been
mandated by law, or is duly required by external auditors.
B. The REINSURER will treat all personal policyholder information received
from the CEDING COMPANY as confidential information and will use good faith
efforts to keep such information private and secure, in accordance with the
CEDING COMPANY's commitment to its policyholders and in accordance with
federal and state privacy laws. The CEDING COMPANY recognizes that the
REINSURER may need to share certain information with auditors, regulators
and retrocessionaires in the normal course of conducting business.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 21
Effective September 17 2001
ARTICLE XVII.
OTHER PROVISIONS
A. Notifications. Any notice or communication given pursuant to this
Reinsurance Agreement must be in writing and either 1) delivered
personally, 2) sent by facsimile or other similar transmission to a number
specified in writing by the recipient, 3) delivered by overnight express,
or 4) sent by Registered or Certified Mail, Postage Prepaid, Return Receipt
Requested, as follows:
If to CEDING COMPANY: The Manufacturers Life Insurance Company of New
York
000 Xxxxxxxx Xxxxxx, Xxxxx 000
Xxxxxx, XX 00000-0000
Attn: Chief Financial Officer
If to REINSURER: AXA Corporate Solutions Life Reinsurance Company
00 Xxxxx Xxxxxx, 00xx Xxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attn: Life Reinsurance Treaty Officer
All notices and other communications required or permitted under this
Reinsurance Agreement that are addressed as provided in this Section will
1) if delivered personally or by overnight express, be deemed given upon
delivery; 2) if delivered by facsimile transmission or other similar
transmission, be deemed given when electronically confirmed, and 3) if sent
by Registered or Certified mail, be deemed given when marked Postage
Prepaid by the sender's terminal. Any party from time-to-time may change
its address, but no such notice of change will be deemed to have been given
until it is actually received by the party sought to be charged with the
contents thereof.
B. Assignment. This Agreement shall be binding to the parties and their
respective successors and permitted assignees. This Agreement may not be
assigned by either party without the written consent of the other. Such
consent shall not be unreasonably withheld.
C. Severability. If any provision of this Agreement is determined to be
invalid or unenforceable, such determination will not affect or impair the
validity or the enforceability of the remaining provisions of this
Agreement. If said provision is deemed material to other provisions
contained within the agreement, both parties will negotiate in good faith
to restore the agreement to a similar position prior to said provision
being determined to be invalid or unenforceable.
D. Currency. All financial transactions under this Agreement shall be made in
U.S. dollars.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 22
Effective September 17 2001
ARTICLE XVIII.
ENTIRE AGREEMENT
This Agreement shall constitute the entire Agreement between the parties with
respect to business reinsured hereunder. There is no understanding between the
parties other than as expressed in this Agreement and any change or modification
to this Agreement shall be null and void unless made by Amendment or Addendum to
the Agreement and signed by both parties.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 23
Effective September 17 2001
ARTICLE XIX.
DAC TAX
TREASURY REGULATION SECTION 1.848-2(g)98) ELECTION
The CEDING COMPANY and the REINSURER hereby agree to the following pursuant to
Section 1.848-2(g)(8) of the Income Tax Regulations issued December 29, 1992.
under Section 848 of the Internal Revenue Code 1986, as amended. This election
shall be effective for the year this Agreement becomes effective and all
subsequent taxable years for which this Agreement remains in effect.
A. The term "party" will refer to either the CEDING COMPANY or the REINSURER
as appropriate.
B. The terms used in this Article are defined by reference to Treasury
Regulations Section 1.848-2 in effect as of December 29, 1992.
C. The party with the net positive consideration for this Agreement for each
taxable year will capitalize specified policy acquisition expenses with
respect to this Agreement without regard to the general deduction
limitation of IRC Section 848(c)(1).
D. Both parties agree to exchange information pertaining to the amount of net
consideration under this Agreement each year to ensure consistency. The
parties also agree to exchange information, which may be otherwise required
by the IRS.
E. The CEDING COMPANY will submit to the REINSURER by April 1st of each year,
a schedule of its calculation of the net consideration for the preceding
calendar year. This schedule will be accompanied by a statement signed by
an officer of the CEDING COMPANY stating that the CEDING COMPANY will
report such net consideration in its tax return for the preceding calendar
year.
F. The REINSURER may contest such calculation by providing an alternate
calculation to the CEDING COMPANY in writing within thirty (30) days of the
REINSURER's receipt of the CEDING COMPANY's calculation. If the REINSURER
does not notify the CEDING COMPANY, the REINSURER will report the net
consideration as determined by the CEDING COMPANY in the REINSURER's tax
return for the previous calendar year.
G. If the REINSURER contests the CEDING COMPANY's calculation of the net
consideration, the parties will act in good faith to reach an agreement as
to the correct amount within thirty (30) days of the date the REINSURER
submits its alternate calculation. If the REINSURER and CEDING COMPANY
reach agreement on an amount of net consideration, each party shall report
such amount in their respective tax returns for the previous calendar year.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 24
Effective September 17 2001
ARTICLE XX.
DURATION OF AGREEMENT
A. This Agreement shall be open for new business a minimum of two (2) years as
measured from the EFFECTIVE DATE, subject to a limit of [*] of total new
considerations to the CEDING COMPANY on the product(s) reinsured hereunder,
divided by the REINSURER's Quota Share Percentage. Anytime on or after the
second anniversary of this Agreement, or anytime on or after attainment of
the limit on total new considerations described in this Paragraph, and upon
ninety (90) days written notice, either the CEDING COMPANY or the REINSURER
may cancel this Agreement for new business unilaterally or amend the terms
of reinsurance for new business by mutual agreement. Additional purchase
payments made after the close of this Agreement are covered hereunder for
contracts issued during the period this Agreement was open for new
business.
B. This Agreement shall be unlimited as to its duration but may be reduced or
terminated for new business as provided in this Article, above.
C. The REINSURER provides the reinsurance coverage hereunder with the
understanding that the CEDING COMPANY will not provide its distributors
(e.g., wholesalers, producers, etc.) compensation that is different from
that which is stated below. In the event that this proves to be otherwise,
the REINSURER shall have the right to amend terms of this Agreement to
return it to its original risk profile. Should this not be possible, the
REINSURER may immediately terminate this Agreement for new and inforce
business.
Income Program Annuitization Commission Schedule: None
Normal Annuitization Commission Schedule: None
D. Commutation of term certain annuity payments or any other liquidity feature
is unavailable to those individuals who annuitize under the Income Program.
In the event that this proves to be otherwise, the REINSURER shall have the
right to amend terms of this Agreement to return it to its original risk
profile. Should this not be possible, the REINSURER may immediately
terminate this reinsurance arrangement for new and inforce business.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 25
Effective September 17 2001
ARTICLE XXI.
EXECUTION OF AGREEMENT
This Agreement may be executed by the parties in separate counterparts, each of
which when so executed and delivered shall be an original, but all such
counterparts together shall constitute one and the same instrument. Each
counterpart may consist of a number of copies hereof signed by less than both,
but together signed by both of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
in duplicate by their duly authorized representatives as of the EFFECTIVE DATE.
THE MANUFACTURERS LIFE INSURANCE
COMPANY OF NEW YORK
By: /s/ Xxxxx Xxxxxxxxx Date: 5/8/02
---------------------------------
Xxxxx Xxxxxxxxx,
President
Attest: /s/ Xxxxx X Xxxxxx
-----------------------------
Xxxxx Xxxxxx,
Vice President & CFO
AXA CORPORATE SOLUTIONS LIFE
REINSURANCE COMPANY
By: /s/ Xxxxxxx X. Xxxx Date: 24 April 2002
---------------------------------
Xxxxxxx X. Xxxx,
President
By: /s/ Xxxx Xxxxxxxxx
---------------------------------
Xxxx Xxxxxxxxx,
Assistant Vice President
Attest: /s/ Xxxxx Xxxxxxx
-----------------------------
Xxxxx Xxxxxxx,
Assistant Vice President
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 26
Effective September 17 2001
SCHEDULE A
PLANS OF REINSURANCE
A. REINSURER's Quota Share Percentage:
[*]
B. Issue Dates:
New Policies issued on or after September 17, 2001.
Contractholders may, at their sole discretion, elect, revoke or make
changes to their contract within sixty (60) days (hereinafter known as
the 60-day window) of the contract issue date. The election or
termination of any optional rider within the 60-day window will be
retroactive to date of issue, and will be covered under this
Agreement. All reinsurance premiums and claims will be trued up
accordingly. The CEDING COMPANY will identify the policies covered
under the 60-day window by submitting policyholder information on a
separate data form. The CEDING COMPANY does not plan to market or
develop a program highlighting this 60-day window. (Note: A maximum of
15% of contracts reported in any month will be covered under the
60-day window for contracts that have passed their statutory free-look
period. There will be no limit for contracts that are still within
their statutory free-look period.
C. GMIB (Contractual Income Program Benefit) Reinsured:
Income Benefit Base (IBB)
- For Issue Ages 0-80: Annual Ratchet to attained age 81; frozen
thereafter.
Note: The IBB is reduced proportionately for withdrawals.
An annuitant change is allowed as long as the new annuitant is the
same age or younger than the original annuitant.
Waiting Period
Contractholders can elect to annuitize under the Income Program thirty
(30) days following their tenth (1Oth) or later contract anniversary
and also under one of the life annuity forms stated in Article IV.
D. Product Features:
Annuitization
Annuitization under the Income Program means that the annuitant is
receiving guaranteed fixed income payments based on the IBB and the
MAPR under one of the life annuity forms shown within the MAPR
calculation set forth in Article IV.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB)
Effective September 17, 2001
SCHEDULE A
PLANS OF REINSURANCE (Continued)
Income Program Rider Election
The contractholder can only elect the Income Program Rider at issue.
Once election is made, it is irrevocable (except within the
contractual free look provisions of the contract).
Income Program Rider Cancellation
The contractholder of the annuity can not cancel the Income Program
rider at any time (except within the contractual free look provisions
of the contract).
Step-Up or Reset of IBB
Not Available.
E. Spousal Continuances
A Spousal Continuance occurs if the deceased owner's spouse is the
beneficiary. The surviving spouse continues the contract, including
any optional benefits such as GRIP, as the new owner. In such a case,
the GRIP Income Benefit Base continues the same as it would for a
change of annuitant, except the requirement that the annuitant be
younger is waived for the spouse.
Providing that the CEDING COMPANY can individually identify Spousal
Continuances, as shown in Schedule C, the REINSURER will cover Spousal
Continuances under this Agreement and will treat them as new issues to
the extent that, at the time of continuance, this Agreement is open
for new business as defined in Article XX, Paragraph A.
F. Related Contracts:
Venture VA policy forms specified below that elect the GRIP rider
specified below.
Policy Forms
Venture.002.99
Venture.002.99-XXX
BR002.00-NY
Grip Rider Form
BR003.00-NY
BR003.00G-NY
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB)
Effective September 17, 2001
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
AIM
All Cap Growth Trust
Aggressive Growth Trust
CGTC
Diversified Bond Trust
Income & Value Trust
US Large Cap Value Trust
Small Company Blend Trust
Xxxxx & Steers
Real Estate Securities
Xxxxx Selected
Financial Services
Fundamental Value
Dreyfus
All Cap Value Trust
Fidelity
Large Cap Growth Trust
Overseas Trust
Strategic Opportunities Trust
Founders
International Small Cap Trust
Franklin
Emerging Small Company Trust
Investco
Telecommunications Trust
Mid Cap Growth Trust
Janus
Dynamic Growth Trust
Xxxxxxxx
Capital Appreciation Trust
Lord Xxxxxx
Mid Cap Value Trust
Manufacturers Advisor Corporation
Pacific Rim Emerging Markets Trust
Money Market Trust
Quantitative Equity Trust
Balanced Trust
Quantitative Mid Cap Trust
Lifestyle Conservative 280 Trust
Lifestyle Moderate 460 Trust
Lifestyle Balanced 640 Trust
Lifestyle Growth 820 Trust
Lifestyle Aggressive 1000 Trust
International Index Trust
Total Stock Market Index Trust
500 Index Trust
Mid Cap Index Trust
Small Cap Index Trust
Xxxxxxx Xxxxx
XX Basic Value Focus Trust
ML Special Value Focus Trust
ML Developing Capital Markets Trust
MFS
Strategic Growth Trust
Capital Opportunities Trust
Utilities Trust
Xxxxxx Xxxxx. Xxxx.
Value Trust
High Yield Trust
Xxxxxxx
Tactical Allocation Trust
Munder
Internet Technologies
PIMCO
Global Bond Trust
Total Return Trust
Xxxxxx
Global Equity
Mid Cap Opportunities
Xxxx Price -- Flem.
International Stock Trust
Salomon
US Government Securities Trust
Strategic Bond Trust
SsgA
Growth Trust
SsgA
Growth Trust
X. Xxxx Price
Equity Income Trust
Blue Chip Growth Trust
Science & Technology Trust
Small Company Value Trust
Health Sciences Trust
Xxxxxxxxx
International Value Trust
Wellington
Growth & Income Trust
Investment Quality Bond Trust
Mid Cap Stock Trust
FIXED FUNDS
One Year
DCA Twelve Month
DCA Six Month
Note: This Schedule B reflects fund offerings as of May 1, 2001, as approved by
the REINSURER.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB)
Effective September 17, 2001
SCHEDULE C
REQUIRED DATA AND SUGGESTED DATA LAYOUT
(Page 1 of 3)
Field Description Comments
------------------------------------------ ----------------------------------------------
Annuitant's ID: Last Name
First Name
Middle Name
Sex M or F
Date of Birth YYYYMMDD
Social Security No. / Social Insurance No.
Joint Annuitant's ID: Last Name If Applicable
First Name
Middle Name
Sex M or F
Date of Birth YYYYMMDD
Social Security No. / Social Insurance No.
Owner's ID: Last Name
First Name
Middle Name
Sex M or F
Date of Birth YYYYMMDD
Social Security No. / Social Insurance No.
Joint Owner's ID: Last Name If Applicable
First Name
Middle Name
Sex M or F
Date of Birth YYYYMMDD
Social Security No. / Social Insurance No.
Policy Number
Policy Issue Date YYYYMMDD
Policy Issue Status NI = True New Issue, SC = Spousal Continuance,
EX = 1035 Exchange
Tax Status Qualified (Q), or Non-qualified (N)
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB)
Effective September 17, 2001
SCHEDULE C
REQUIRED DATA AND SUGGESTED DATA LAYOUT
(Page 2 of 3)
FIELD DESCRIPTION COMMENTS
--------------------------------------------------------- --------------------------------------------------------------------
GMDB/EEB SECTION (If applicable)
Mortality Risk Definition Indicator AV = VNAR; CV = VNAR + SCNAR
Death Claim Trigger A = Annuitant, O = Owner, 1 = 1st to die, 2 = 2nd to die
(e.g., A2 = payable upon death of second of joint annuitants)
Current Ratchet Value If Applicable
Current Reset Value If Applicable
Current Rollup Value If Applicable
Current Return of Premium Value If Applicable
Minimum Guaranteed Death Benefit
Contract Death Benefit Greater of Account Value and Minimum Guaranteed Death Benefit
Effective Date of the Rider
Account Value as of the Effective Date of the Rider
Mortality Risk VNAR Max [Contractual Death Benefit - Account Value). 0]
SCNAR Surrender Charge, if applicable
EEMNAR T% (AV less Net Purchase Payments), if applicable
Earnings AV less Net Purchase Payments
Earnings Cap If Applicable
Tax Percentage If Applicable
GEM Rider Y = benefit elected, N = benefit not elected, NA = not applicable
GMIB SECTION (If applicable)
GMIB Indicator Y = benefit elected, N = benefit not elected, NA = not applicable
Income Benefit Elected 01 = option 1,02 = option 2, etc.
Expiration of Waiting Period YYYYMMDD
GMIB Annuitization Date YYYYMMDD - actual date
Most Recent GMIB Step-up / Reset Date YYYYMMDD, if applicable
Cancellation Date YYYYMMDD, if applicable
Pricing Cohort Indicator
IBB Amount
GMIB IBNAR Amount Calculated using an individual life annuity form with 10 years
certain
Treasury Rate Used in IBNAR calculation
GMAB SECTION (If applicable)
GMAB Indicator Y = benefit elected, N = benefit not elected, NA = not applicable
Accumulation Benefit Elected 01 = option 1,02 = option 2, etc.
Maturity Date YYYYMMDD
Most Recent GMAB Step-up / Rollover Date YYYYMMDD, if applicable
Cancellation Date YYYYMMDD, if applicable
Pricing Cohort Indicator
GMAB Guaranteed Value Current Value
GMAB NAR Max [(GMAB Guaranteed Value - Account Value), 0]
Account Value Current total value
Surrender Charge If reinsured
Cumulative Deposits Total premiums
Cumulative Withdrawals Total withdrawals
Net Purchase Payments Total premiums less total withdrawals (proportional adjustment)
Deposits made in quarter of death dollar value
Quota Share reinsured percentage
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB)
Effective September 17, 2001
SCHEDULE C
REQUIRED DATA AND SUGGESTED DATA LAYOUT
(Page 3 of 3)
FIELD DESCRIPTION COMMENTS
--------------------------------------------------------- --------------------------------------------------------------------
Funding Vehicle Values:
"MorningStar" designations (US)
Aggressive Growth
Balanced
Corporate Bond
Government Bond
Growth
Growth and Income
High Yield Bond
International Bond
International Stock
Money Market
Specialty Fund
Fixed Account
Dollar Cost Averaging
Note: total of funding vehicles should equal account
value.
Termination Information:
Termination Dete YYYYMMDD, If applicable
Reason for Termination Death (D), Annuitization (A), 1035 Exchange (X), GMIB Election (I),
Other (O).
Cause of Death If applicable. Use your Cause of Death code, and provide translation
Summary Information: For reconciliation purposes (may be paper summary)
Total number of records Monthly aggregate information by GMIB Design, GMAB Design, and
Pricing Cohort (if applicable)
Total of each dollar field Monthly aggregate information by GMIB Design, GMAB Design, and
Pricing Cohort (if applicable)
Note: All values to nearest dollar
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB)
Effective September 17, 2001
EXHIBIT I
MORTALITY TABLE
1983 BASIC PER THOUSAND RATES (APPLY AT ATTAINED AGE)
Age Male - qx's Female - qx's
--- ----------- -------------
5 [*] [*]
6 [*] [*]
7 [*] [*]
8 [*] [*]
9 [*] [*]
10 [*] [*]
11 [*] [*]
12 [*] [*]
13 [*] [*]
14 [*] [*]
15 [*] [*]
16 [*] [*]
17 [*] [*]
18 [*] [*]
19 [*] [*]
20 [*] [*]
21 [*] [*]
22 [*] [*]
23 [*] [*]
24 [*] [*]
25 [*] [*]
26 [*] [*]
27 [*] [*]
28 [*] [*]
29 [*] [*]
30 [*] [*]
31 [*] [*]
32 [*] [*]
33 [*] [*]
34 [*] [*]
35 [*] [*]
36 [*] [*]
37 [*] [*]
38 [*] [*]
39 [*] [*]
40 [*] [*]
41 [*] [*]
42 [*] [*]
43 [*] [*]
44 [*] [*]
45 [*] [*]
46 [*] [*]
47 [*] [*]
48 [*] [*]
49 [*] [*]
50 [*] [*]
Age Male - qx's Female - qx's
--- ----------- -------------
51 [*] [*]
52 [*] [*]
53 [*] [*]
54 [*] [*]
55 [*] [*]
56 [*] [*]
57 [*] [*]
58 [*] [*]
59 [*] [*]
60 [*] [*]
61 [*] [*]
62 [*] [*]
63 [*] [*]
64 [*] [*]
65 [*] [*]
66 [*] [*]
67 [*] [*]
68 [*] [*]
69 [*] [*]
70 [*] [*]
71 [*] [*]
72 [*] [*]
73 [*] [*]
74 [*] [*]
75 [*] [*]
76 [*] [*]
77 [*] [*]
78 [*] [*]
79 [*] [*]
80 [*] [*]
81 [*] [*]
82 [*] [*]
83 [*] [*]
84 [*] [*]
85 [*] [*]
86 [*] [*]
87 [*] [*]
88 [*] [*]
89 [*] [*]
90 [*] [*]
91 [*] [*]
92 [*] [*]
93 [*] [*]
94 [*] [*]
95 [*] [*]
96 [*] [*]
Age Male - qx's Female - qx's
--- ----------- -------------
97 [*] [*]
98 [*] [*]
99 [*] [*]
100 [*] [*]
101 [*] [*]
102 [*] [*]
103 [*] [*]
104 [*] [*]
105 [*] [*]
106 [*] [*]
107 [*] [*]
108 [*] [*]
109 [*] [*]
110 [*] [*]
111 [*] [*]
112 [*] [*]
113 [*] [*]
114 [*] [*]
115 [*] [*]
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB)
Effective September 17, 2001
EXHIBIT I
MORTALITY TABLES
(continued)
1983 VALUATION PER THOUSAND RATES (APPLY AT ATTAINED AGE)
Age Male - qx's Female - qx's
--- ----------- -------------
5 [*] [*]
6 [*] [*]
7 [*] [*]
8 [*] [*]
9 [*] [*]
10 [*] [*]
11 [*] [*]
12 [*] [*]
13 [*] [*]
14 [*] [*]
15 [*] [*]
16 [*] [*]
17 [*] [*]
18 [*] [*]
19 [*] [*]
20 [*] [*]
21 [*] [*]
22 [*] [*]
23 [*] [*]
24 [*] [*]
25 [*] [*]
26 [*] [*]
27 [*] [*]
28 [*] [*]
29 [*] [*]
30 [*] [*]
31 [*] [*]
32 [*] [*]
33 [*] [*]
34 [*] [*]
35 [*] [*]
36 [*] [*]
37 [*] [*]
38 [*] [*]
39 [*] [*]
40 [*] [*]
41 [*] [*]
42 [*] [*]
43 [*] [*]
44 [*] [*]
45 [*] [*]
46 [*] [*]
47 [*] [*]
48 [*] [*]
49 [*] [*]
50 [*] [*]
Age Male - qx's Female - qx's
--- ----------- -------------
51 [*] [*]
52 [*] [*]
53 [*] [*]
54 [*] [*]
55 [*] [*]
56 [*] [*]
57 [*] [*]
58 [*] [*]
59 [*] [*]
60 [*] [*]
61 [*] [*]
62 [*] [*]
63 [*] [*]
64 [*] [*]
65 [*] [*]
66 [*] [*]
67 [*] [*]
68 [*] [*]
69 [*] [*]
70 [*] [*]
71 [*] [*]
72 [*] [*]
73 [*] [*]
74 [*] [*]
75 [*] [*]
76 [*] [*]
77 [*] [*]
78 [*] [*]
79 [*] [*]
80 [*] [*]
81 [*] [*]
82 [*] [*]
83 [*] [*]
84 [*] [*]
85 [*] [*]
86 [*] [*]
87 [*] [*]
88 [*] [*]
89 [*] [*]
90 [*] [*]
91 [*] [*]
92 [*] [*]
93 [*] [*]
94 [*] [*]
95 [*] [*]
96 [*] [*]
Age Male - qx's Female - qx's
--- ----------- -------------
97 [*] [*]
98 [*] [*]
99 [*] [*]
100 [*] [*]
101 [*] [*]
102 [*] [*]
103 [*] [*]
104 [*] [*]
105 [*] [*]
106 [*] [*]
107 [*] [*]
108 [*] [*]
109 [*] [*]
110 [*] [*]
111 [*] [*]
112 [*] [*]
113 [*] [*]
114 [*] [*]
115 [*] [*]
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB)
Effective September 17, 2001
EXHIBIT I
(continued)
PROJECTION SCALE G
Age Male Female
--- ---- ------
5 [*] [*]
6 [*] [*]
7 [*] [*]
8 [*] [*]
9 [*] [*]
10 [*] [*]
11 [*] [*]
12 [*] [*]
13 [*] [*]
14 [*] [*]
15 [*] [*]
16 [*] [*]
17 [*] [*]
18 [*] [*]
19 [*] [*]
20 [*] [*]
21 [*] [*]
22 [*] [*]
23 [*] [*]
24 [*] [*]
25 [*] [*]
26 [*] [*]
27 [*] [*]
28 [*] [*]
29 [*] [*]
30 [*] [*]
31 [*] [*]
32 [*] [*]
33 [*] [*]
34 [*] [*]
35 [*] [*]
36 [*] [*]
37 [*] [*]
38 [*] [*]
39 [*] [*]
40 [*] [*]
41 [*] [*]
42 [*] [*]
43 [*] [*]
44 [*] [*]
45 [*] [*]
46 [*] [*]
47 [*] [*]
48 [*] [*]
49 [*] [*]
50 [*] [*]
51 [*] [*]
52 [*] [*]
Age Male Female
--- ---- ------
53 [*] [*]
54 [*] [*]
55 [*] [*]
56 [*] [*]
57 [*] [*]
58 [*] [*]
59 [*] [*]
60 [*] [*]
61 [*] [*]
62 [*] [*]
63 [*] [*]
64 [*] [*]
65 [*] [*]
66 [*] [*]
67 [*] [*]
68 [*] [*]
69 [*] [*]
70 [*] [*]
71 [*] [*]
72 [*] [*]
73 [*] [*]
74 [*] [*]
75 [*] [*]
76 [*] [*]
77 [*] [*]
78 [*] [*]
79 [*] [*]
80 [*] [*]
81 [*] [*]
82 [*] [*]
83 [*] [*]
84 [*] [*]
85 [*] [*]
86 [*] [*]
87 [*] [*]
88 [*] [*]
89 [*] [*]
90 [*] [*]
91 [*] [*]
92 [*] [*]
93 [*] [*]
94 [*] [*]
95 [*] [*]
96 [*] [*]
97 [*] [*]
98 [*] [*]
99 [*] [*]
100 [*] [*]
Age Male Female
--- ---- ------
101 [*] [*]
102 [*] [*]
103 [*] [*]
104 [*] [*]
105 [*] [*]
106 [*] [*]
107 [*] [*]
108 [*] [*]
109 [*] [*]
110 [*] [*]
111 [*] [*]
112 [*] [*]
113 [*] [*]
114 [*] [*]
115 [*] [*]
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB)
Effective September 17, 2001
EXHIBIT II
BENEFIT LIMITATION RULE
TRAPEZOIDAL RULE
Average Aggregate IBB Value inforce in calendar year Z equals:
IBB(Jan(B))
----------- +
24
IBB(Feb(B)) + IBB(Mar(B)) + IBB(Apr(B)) + IBB(May(B))
----------------------------------------------------- +
12
IBB(Jun(B)) + IBB(Jul(B)) + IBB(Aug(B)) + IBB(Sep(B))
----------------------------------------------------- +
12
IBB(Oct(B)) + IBB(Nov(B)) + IBB(Dec(B))
--------------------------------------- +
12
IBB(Dec(E))
-----------
24
where IBB(Month(B)) is equal to the beginning of month aggregate IBB value of
the Related Contracts listed in Schedule A and IBB(Month(E)) is equal to the end
of month aggregate IBB value of the Related Contracts listed in Schedule A that
are eligible to annuitize under the Income Program. Contracts eligible to
annuitize under the Income Program are those contracts whose waiting period
expired prior to calendar year Z and those contracts whose waiting period will
expire during calendar year Z.
For partial calendar years IBB(Month(B)) for months prior to the EFFECTIVE DATE
of this Reinsurance Agreement or for months subsequent to the termination of all
business hereunder, should be set equal to zero.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB)
Effective September 17, 2001
EXHIBIT III
ANNUITIZATION RATE AND EXPOSURE DETERMINATION
DEFINED VARIABLES
W(z) total IBB value for each reinsured contract, as of the contract's
anniversary in calendar year Z, which is eligible to annuitize under
the Income Program (i,e., past their waiting period) by November 30th
of year Z.
N(z) total IBB value for each reinsured contract, as of the contract's
anniversary in calendar year Z, which is eligible to annuitize under
the Income Program during the month of December in year Z (i.e. not
part of W(z).
T(Wz) total IBB value, from cohort W(z), terminating within 30-days after
the contract's anniversary in year Z; total IBB value is measured as
of the date of termination
T(Nz) total IBB value, from cohort N(z), terminating within 30-days after
the contract's anniversary in year Z; total IBB value is measured as
of the date of termination
Terminations are defined as follows:
- Death of owner or annuitant resulting in payment of death
benefit
- Surrender of Contract and partial withdrawals
- Annuitizations which are not under the Income Program
- Attainment of maximum annuitization age or attained age 95, if
earlier
A(z)(W(z)) total IBB value, as of the contract's anniversary in calendar year Z,
from cohort W(z) which annuitized under the Income Program rider
during year Z
A(z)(N(z)) total IBB value, as of the contract's anniversary in calendar year Z,
from cohort N(z) which annuitized under the Income Program rider
during year Z
1 1 1
Exposure(z) = W(z) - -- T(W(z)) + -- (N(z) + N(z - 1)) - -- (T(N(z)) + T(N(z - 1))
2 2 4
A(z)(W(z)) + A(z)(N(z)) + A(z)(N(z - 1))
Annuitization _ Rate(z) = ----------------------------------------
Exposure(z)
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB)
Effective September 17, 2001
EXHIBIT IV
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB)
Effective September 17, 2001
(AXA CORPORATE SOLUTIONS LOGO)
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT
This Confidentiality and Non-Disclosure Agreement ("Agreement") is made as of 27
March, 2002 by and between AXA Corporate Solutions Life Reinsurance Company
("AXA Corporate Solutions"), a life insurance company organized and existing
under the laws of the State of Delaware, and The Manufacturers Life Insurance
Company of New York ("Company"), a corporation organized and existing under the
laws of the State of New York.
WHEREAS, the parties hereto intend to disclose, both orally and in writing,
certain confidential and proprietary information ("Confidential Information") to
each other, and to the designated Affiliates and representatives of each other
(including any consultants, third party contractors, actuaries, economists,
retrocessionaires and other risk managers or their employers), in furtherance of
evaluating the possibility of entering into a reinsurance program between AXA
Corporate Solutions and the Company covering various guaranteed benefits within
new and/or inforce variable annuity and/or variable life contracts that
incorporate Company Confidential Information; and
WHEREAS, the parties wish to protect certain Confidential Information which
may be disclosed between them, particularly regarding AXA Corporate Solutions'
program for reinsuring variable annuity contracts.
NOW THEREFORE, in consideration of the foregoing, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto acknowledge and agree that the Confidential Information disclosed
hereunder is confidential, proprietary and trade secret to the disclosing party
and is disclosed to the receiving party on a confidential basis under this
Agreement, to be used only as expressly permitted by the terms and conditions of
this Agreement. Title to the Confidential Information will remain at all times
in the disclosing party and no transfer of any interest is either expressly
granted or implied.
CONFIDENTIAL INFORMATION
As used in this Agreement, the term "Confidential Information" includes but is
not limited to the following items, whether existing now or created in the
future:
(a) all knowledge or information concerning the business, operations and assets
of the parties hereto and their respective Subsidiaries and Affiliates
which is not readily available to the public, such as: internal operating
procedures; investment strategies; sales data and customer lists; financial
plans, projections and reports; and insurance and investment company
programs, plans and products;
(b) all property owned, licensed and/or developed by or for the parties, their
Subsidiaries or Affiliates or their respective clients and not readily
available to the public, such as computer systems, programs, software and
devices, plus information about the design, methodology and documentation
thereof
(c) information, materials, products or any other tangible or intangible assets
in the possession or the control of the parties or their Subsidiaries or
Affiliates which is proprietary to, or confidential to or about, any other
person or entity;
(d) proprietary or confidential information obtained from persons or entities
conducting business with the parties or their Subsidiaries or Affiliates
in any capacity; and
Page 1 of 5
(AXA CORPORATE SOLUTIONS LOGO)
(e) records and repositories of all of the foregoing, in whatever form
maintained.
This shall not limit the generality of the foregoing:
(a) Confidential Information of AXA Corporate Solutions shall include, without
limitation, all information with respect to AXA Corporate Solutions'
program for reinsuring variable annuities and/or variable life insurance,
any actuarial, pricing and financial information provided by AXA Corporate
Solutions or its Affiliated companies to the Company, and all information
conveyed orally or by any other means by AXA Corporate Solutions or its
Affiliated companies to the Company, with respect to reinsurance of
variable annuities and/or variable life insurance; and
(b) Confidential Information of the Company shall include, without limitation,
all information with respect to its variable annuity and/or variable life
contract, any actuarial, pricing and financial information provided by the
Company or its Affiliated companies to AXA Corporate Solutions, the Company
annuity pricing model, and all information conveyed orally or by any other
means by the Company or its Affiliated companies to AXA Corporate
Solutions, with respect to Company variable annuity and/or variable life
insurance programs.
Failure to xxxx any material or information "Confidential" shall not affect the
confidential nature thereof.
The restrictions against disclosing and disseminating the Confidential
Information shall not apply to:
i. general skills and experience gained by employees of either party, their
Subsidiaries or their Affiliates; or
ii. information known by the receiving party prior to disclosure under this
Agreement; or
iii. information disclosed to the receiving party by a third party who was not
under an obligation of confidentiality to the disclosing party; or
iv. information which is publicly available or generally known within the
insurance or data processing industries; or
v. information, which is independently developed by the receiving party prior
to, concurrent with or subsequent to the disclosing party's disclosure
without any wrongful act or breach of this Agreement by the receiving
party; or
vi. information which becomes available to one party, its Subsidiaries, its
Affiliates or its representatives on a non-confidential basis from sources
other than the other party or its Subsidiaries, Affiliates or
representatives, provided that the recipient of such information does not
know or have reason to know that such sources are prohibited by
contractual, legal or fiduciary obligation from transmitting the
information.
The foregoing notwithstanding, nothing in this Agreement shall be construed to
prohibit the disclosure of Confidential Information in accordance with the terms
of a court order. In the event one of the parties, or their representatives
becomes legally compelled to disclose the Confidential Information of the other,
the party being compelled shall refrain from providing such Confidential
Information for seven days (or such shorter period as permitted by court order),
and shall provide prompt and reasonable notice to the other party, so that the
other party may seek a protective order, an appeal, or other appropriate remedy.
If any party having been advised in writing of the requirement to disclose
Confidential Information, fails within five days of receiving such notice to
obtain a restraining order preventing such disclosure, they will be assumed to
have waived their rights to prevent such disclosure under this Agreement. The
disclosing party may rely on opinion of counsel as to whether information is or
is not subject to disclosure under the court order.
Page 2 of 5
(AXA CORPORATE SOLUTIONS LOGO)
BREACH
The parties hereto recognize that the unauthorized disclosure, duplication,
reproduction or use of the Confidential Information would cause irreparable harm
to the disclosing party and that monetary damages will be inadequate to
compensate the disclosing party for such breach. For that reason, the parties
hereto shall be entitled to seek, in any court of competent jurisdiction,
injunctive relief including a preliminary injunction and an order of seizure and
impoundment under Section 503 of the Copyright Act and the receiving party will
not object to the entry of an injunction or other equitable relief against it on
the basis of an adequate remedy at law or other reason. Such relief shall be
cumulative and in addition to whatever other remedies the disclosing party may
have.
MISCELLANEOUS
(a) No waiver of any provision of this Agreement shall be effective unless
contained in writing executed by the party against whom enforcement thereof
is sought. A waiver of any specific term hereof shall not be deemed to
constitute a waiver of any other term hereof, nor shall a waiver on any one
or more occasions be deemed to imply or constitute a waiver of the same or
any other term on any other occasion.
(b) If any part of this Agreement shall be held to be void or unenforceable,
such part shall be treated as severable, leaving valid the remainder of the
Agreement.
(c) Anything in this Agreement to the contrary notwithstanding, nothing herein
shall be construed as a commitment by either party to enter into a
Reinsurance Agreement or to engage in anything beyond having initial
discussions and exchanging information which may lead to a formal request
for a reinsurance proposal and subsequent preparation thereof.
(d) Each of the parties shall cause its respective Subsidiaries and Affiliates
to abide by the terms of this Agreement, and in the event of a violation
of this Agreement by their respective Subsidiaries or Affiliates, shall be
liable hereunder to the same extent as if they, themselves, had committed
such violation.
(e) For purposes of this Agreement:
(i) "Affiliate" shall mean a person that directly, or indirectly through
one or more intermediaries, controls, is controlled by or is under
common control with another person or beneficially owns or has the
power to vote or direct the vote of twenty-five percent (25%) or more
of any class of voting stock (or of any form of voting equity interest
in the case of a person that is not a corporation) of such other
person. For purposes of this definition, "control", including the
terms "controlling" and "controlled", means the power to direct or
cause the direction of the management and policies of a person,
directly or indirectly, whether through the ownership of securities or
partnership or other ownership interests, by contract or otherwise.
(ii) "Subsidiary" of a person means any person with respect to whom such
specified person, directly or indirectly, beneficially owns fifty
percent (50%) or more of the equity
Page 3 of 5
(AXA CORPORATE SOLUTIONS LOGO)
interests in, or holds the voting control of fifty percent (50%) to
more of the equity interests in, such person.
(f) Upon the written request of AXA Corporate Solutions at any time, the
Company will return to AXA Corporate Solutions all AXA Corporate
Solutions' Confidential Information, provided that if AXA Corporate
Solutions enters into a reinsurance agreement with the Company, that the
Company shall be entitled to retain AXA Corporate Solutions' Confidential
Information required by the Company in order to fulfill its obligations
under the reinsurance agreement (but that any such Confidential Information
shall not be used for any other purpose).
(g) Upon the written request of the Company at any time, AXA Corporate
Solutions will return to the Company all Company Confidential Information,
provided that if AXA Corporate Solutions enters into a reinsurance
agreement with the Company, that AXA Corporate Solutions shall be entitled
to retain Company Confidential Information required by AXA Corporate
Solutions in order to fulfill its obligations under the reinsurance
agreement (but that any such Confidential Information shall not be used for
any other purpose except as may be required for risk management purposes
with an outside party that is bound by the same or similar confidentiality
guidelines as stated herein).
(h) Nothing in this agreement shall prevent the Company and AXA Corporate
Solutions from developing reinsurance products, or limit their respective
rights to develop reinsurance products, provided the Company does not use
AXA Corporate Solutions Confidential Information and AXA Corporate
Solutions does not use Company Confidential Information in connection with
the development of such products.
COMMENCEMENT AND TERMINATION OF AGREEMENT
This Agreement is effective upon the date first written above. The obligations
of each party set out in the preceding paragraphs above shall survive the
termination, if any, of the Agreement.
Termination may occur only by mutual written consent of AXA Corporate Solutions
and the Company. The conditions of the termination shall be set forth in an
Addendum to this Agreement that is executed by both parties.
Notwithstanding anything in this Agreement to the contrary, each party agrees
that any agreement executed between them as a result of these discussions shall
incorporate the confidentiality provisions contained herein, and this Agreement
shall be deemed to continue in full force and effect during all terms of such
subsequent agreement.
GENERAL PROVISIONS
This Agreement shall be governed by and construed, and the legal relations
between the parties shall be determined, in accordance with the laws of the
State of Delaware without giving effect to the principles of conflicts of laws.
This Agreement supersedes all prior understandings and negotiations, oral and
written, and constitutes the entire understanding between the parties on this
subject. This Agreement and any of the rights or obligations hereunder are not
assignable by either party without the other party's prior written permission.
No waiver, modification, or
Page 4 of 5
(AXA CORPORATE SOLUTIONS LOGO)
amendment to the Agreement shall be binding upon the parties unless it is in
writing signed by an Authorized Representative of the party against whom
enforcement is sought
IN WITNESS THEREOF, the parties by their duly Authorized Representatives have
caused this Agreement to be executed as of the date first written above.
THE MANUFACTURERS LIFE
INSURANCE COMPANY OF NEW YORK
NAME: /s/ illegible
-------------------------------
TITLE: VP & CFO
DATE: 27 March, 2002
AXA CORPORATE SOLUTIONS AXA CORPORATE SOLUTIONS
LIFE REINSURANCE COMPANY LIFE REINSURANCE COMPANY
NAME: /s/ illegible NAME: /s/ illegible
------------------------------- ----------------------------------
TITLE: SVP TITLE: AVP
DATE: 27 March, 2002 DATE: 27 March, 2002
Page 5 of 5
EXHIBIT V
WIRING INSTRUCTIONS
AXA CORPORATE SOLUTIONS LIFE REINSURANCE COMPANY'S TECHNICAL ACCOUNT
Account held at: Chase Manhattan Bank, N.A.
Xxx Xxxx, XX 00000
Account Number: ABA# 000000000
Account# 323-095569
Premium & Loss Account
THE MANUFACTURERS LIFE INSURANCE COMPANY OF NEW YORK'S ACCOUNT
Account held at: Xxxxx Xxxxxx Xxxx xxx Xxxxx Xx.
Xxxxxx, XX
Account Number: ABA# 000000000
Account# 00000000
Manufacturers Life Insurance Company of New York
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB)
Effective September 17, 2001
AMENDMENT XX. 0 XX
XXXXXXXXX XXXXXXXXXXX XXXXXXXXX XX. 0000-0XXX, DATED SEPTEMBER 17, 2001
between
THE MANUFACTURERS LIFE INSURANCE COMPANY OF NEW YORK
(CEDING COMPANY)
and
AXA CORPORATE SOLUTIONS LIFE REINSURANCE COMPANY
(REINSURER)
Effective as noted below, this Amendment is hereby attached to and becomes a
part of the above-described Reinsurance Agreement. It is mutually agreed that:
SCHEDULE A, PLANS OF REINSURANCE, is hereby replaced by the attached
revised Schedule A, effective January 2, 2003, to add under Paragraph F,
Related Contracts, the Wealthmark version of Venture distributed through
Xxxxxxx and
SCHEDULE B, INVESTMENT FUNDS, is hereby replaced by the attached revised
Schedule B:
1. to add the funds offered under the Wealthmark product, and
2. to document revisions to the fund offerings as of the dates
shown.
This Amendment does not alter, amend or modify the Reinsurance Agreement other
than as set forth in this Amendment, and it is subject otherwise to all the
terms and conditions of the Reinsurance Agreement together with all Amendments
and supplements thereto.
THE MANUFACTURERS LIFE INSURANCE
COMPANY OF NEW YORK
By: /s/ Xxxxx Xxxxxxxxx Date: March 4, 2007
---------------------------------
Xxxxx Xxxxxxxxx,
President
Attest: /s/ Xxxxx X. Xxxxxx
-----------------------------
Xxxxx X. Xxxxxx,
Vice President and CFO
AXA CORPORATE SOLUTIONS LIFE
REINSURANCE COMPANY
By: /s/ Xxxxxxx X. Xxxxxxxx Date: 20 February 2003
---------------------------------
Xxxxxxx X. Xxxxxxxx,
Senior Vice President
By: /s/ Xxxxx Xxxxx
---------------------------------
Xxxxx Xxxxx,
Vice President
Attest: /s/ Xxxxx Xxxxxxx
-----------------------------
Xxxxx Xxxxxxx,
Assistant Vice President
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB),
Effective September 17, 2001
Amendment 1
SCHEDULE A
PLANS OF REINSURANCE
A. REINSURER'S QUOTA SHARE PERCENTAGE:
[*]
B. ISSUE DATES:
New Policies issued on or after September 17, 2001.
Contractholders may, at their sole discretion, elect, revoke or make
changes to their contract within sixty (60) days (hereinafter known as
the 60-day window) of the contract issue date. The election or
termination of any optional rider within the 60-day window will be
retroactive to date of issue, and will be covered under this
Agreement. All reinsurance premiums and claims will be trued up
accordingly. The CEDING COMPANY will identify the policies covered
under the 60-day window by submitting policyholder information on a
separate data form. The CEDING COMPANY does not plan to market or
develop a program highlighting this 60-day window. (Note: A maximum of
15% of contracts reported in any month will be covered under the
60-day window for contracts that have passed their statutory free-look
period. There will be no limit for contracts that are still within
their statutory free-look period.
C. GMIB (Contractual Income Program Benefit) Reinsured:
Income Benefit Base (IBB)
- For Issue Ages 0-80: Annual Ratchet to attained age 81; frozen
thereafter,
Note: The IBB is reduced proportionately for withdrawals.
An annuitant change is allowed as long as the new annuitant is the
same age or younger than the original annuitant.
Waiting Period
Contractholders can elect to annuitize under the Income Program thirty
(30) days following their tenth (10th) or later contract anniversary
and also under one of the life annuity forms stated in Article IV.
D. Product Features:
Annuitization
Annuitization under the Income Program means that the annuitant is
receiving guaranteed fixed income payments based on the IBB and the
MAPR under one of the life annuity forms shown within the MAPR
calculation set forth in Article IV.
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB),
Effective September 17, 2001
Amendment 1
SCHEDULE A
PLANS OF REINSURANCE (Continued)
Income Program Rider Election
The contractholder can only elect the Income Program Rider at issue.
Once election is made, it is irrevocable (except within the
contractual free look provisions of the contract)
Income Program Rider Cancellation
The contractholder of the annuity can not cancel the Income Program
rider at any time (except within the contractual free look provisions
of the contract).
Step-Up or Reset of IBB
Not Available.
E. Spousal Continuances
A Spousal Continuance occurs if the deceased owner's spouse is the
beneficiary. The surviving spouse continues the contract, including
any optional benefits such as GRIP, as the new owner. In such a case,
the GRIP Income Benefit Base continues the same as it would for a
change of annuitant, except the requirement that the annuitant be
younger is waived for the spouse.
Providing that the CEDING COMPANY can individually identify Spousal
Continuances, as shown in Schedule C, the REINSURER will cover Spousal
Continuances under this Agreement and will treat them as new issues to
the extent that, at the time of continuance, this Agreement is open
for new business as defined in Article XX, Paragraph A.
F. Related Contracts:
Venture VA policy forms specified below that elect the GRIP rider
specified below.
Wealthmark version of Venture policy forms specified below that elect
the GRIP rider specified below, distributed through Xxxxxxx (added
January 2, 2003).
Policy Forms
Venture.002.99
Venture.002.99-XXX
BR002.00-NY
Grip Rider Form
BR003.00-NY
BR003.00G-NY
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB),
Effective September 17, 2001
Amendment 1
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
AIM
All Cap Growth Trust
Aggressive Growth Trust
CGTC
Diversified Bond Trust
Income & Value Trust
US Large Cap Value Trust
Small Company Blend Trust
Xxxxx & Steers (replaced by XxXX as of November 25, 2002)
Real Estate Securities (see XxXX)
Xxxxx Selected
Financial Services
Fundamental Value
Deutsche Asset Management Investment Services Ltd. "XxXX"
(added as of November 25, 2002)
All Cap Core Trust
Dynamic Growth Trust
International Stock Trust
Real Estate Securities Trust
Dreyfus
All Cap Value Trust
Fidelity
Large Cap Growth Trust
Overseas Trust
Strategic Opportunities Trust
Founders
International Small Cap Trust
Franklin
Emerging Small Company Trust
Investco
Telecommunications Trust
Mid Cap Growth Trust
Janus (replaced by XxXX as of November 25, 2002)
Dynamic Growth Trust (see XxXX)
Xxxxxxxx
Capital Appreciation Trust
Lord Xxxxxx
Mid Cap Value Trust
Manufacturers Advisor Corporation
Pacific Rim Emerging Markets Trust
Money Market Trust
Quantitative Equity Trust
Balanced Trust
Quantitative Mid Cap Trust
Lifestyle Conservative 280 Trust
Lifestyle Moderate 460 Trust
Lifestyle Balanced 640 Trust
Lifestyle Growth 820 Trust
Lifestyle Aggressive 1000 Trust
International Index Trust
Total Stock Market Index Trust
500 Index Trust
Mid Cap Index Trust
Small Cap Index Trust
Xxxxxxx Xxxxx
XX Basic Value Focus Trust
ML Special Valued Focus Trust
ML Developing Capital Markets Trust
MFS
Strategic Growth Trust
Capital Opportunities Trust
Utilities Trust
Xxxxxx Xxxxx Xxxx
Value Trust
High Yield Trust
Xxxxxxx
Tactical Allocation Trust
Munder
Internet Technologies
PIMCO
Global Bond Trust
Total Return Trust
Xxxxxx
Global Equity
Mid Cap Opportunities
Xxxx Price -- Flem. (replaced by XxXX as of November 25, 2002)
International Stock Trust (see XxXX)
Salomon
US Government Securities Trust
Strategic Bond Trust
SGAM
Principal Protection Trust A (added October 21, 2002)
SsgA (replaced by XxXX as of November 25, 2002)
Growth Trust (name changed to All Cap Core Trust -- see XxXX)
X. Xxxx Price
Equity Income Trust
Blue Chip Growth Trust
Science & Technology Trust
Small Company Value Trust
Health Sciences Trust
Xxxxxxxxx
International Value Trust
Wellington
Growth & Income Trust
Investment Quality Bond Trust
Mid Cap Stock Trust
FIXED FUNDS
One Year
DCA Twelve Month
DCA Six Month
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB),
Effective September 17, 2001
Amendment 1
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS (WEALTHMARK VERSION OF VENTURE)
ADDED JANUARY 2, 0000
Xxxxx American Fund (Class S Shares)
Balanced Portfolio
Leveraged AllCap Portfolio
Credit Suissa Trust
Emerging Markets Portfolio
Global Post-Venture Capital Portfolio
Dreyfus Investment Portfolio I Service Class
MidCap Stock Portfolio
Socially Responsible Growth Fund, Inc.
INVESCO Variable Investment Funds, Inc.
Utilities Fund Portfolio
Xxxxxxx Variable Series I (Class B Shares)
21(st) Century Growth Portfolio
Capital Growth Portfolio
Global Discovery Portfolio
Growth and Income Portfolio
Health Sciences Portfolio
International Portfolio
Xxxxxxx Variable Series II (Class B Shares)
Aggressive Growth Portfolio
Blue Chip Portfolio
Contrarian Value Portfolio
Global Blue Chip Portfolio
Government Securities Portfolio
Growth Portfolio
High Income Portfolio
International Select Equity Portfolio
Investment Grade Bond Portfolio
Money Market Portfolio
Small Cap Growth Portfolio
Technology Growth Portfolio
Total Return Portfolio
Xxxxx Venture Value Portfolio
Dreman Financial Services Portfolio
Dreman High Return Equity Portfolio]
Eagle Focused Large Cap Growth Portfolio
Focus Value -- Growth Portfolio
Index 500 Portfolio
INVESCO Dynamic Growth Portfolio
Janus Growth and Income Portfolio
Janus Growth Opportunities Portfolio
MFS Strategic Value Portfolio
Oak Strategic Equity Portfolio
Xxxxxx XxxXxx Growth Portfolio
FIXED FUNDS
One Year
DCA Twelve Month
DCA Six Month
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB),
Effective September 17, 2001
Amendment 1
AMENDMENT XX. 0 XX
XXXXXXXXX XXXXXXXXXXX XXXXXXXXX XX. 0000-00XX, DATED SEPTEMBER 17, 2001
between
THE MANUFACTURERS LIFE INSURANCE COMPANY OF NEW YORK
(CEDING COMPANY)
and
AXA CORPORATE SOLUTIONS LIFE REINSURANCE COMPANY
(REISNURER)
Effective as noted below, this Amendment is hereby attached to and becomes a
part of the above described Reinsurance Agreement. It is mutually agreed that:
SCHEDULE B, INVESTMENT FUNDS, is hereby replaced by the attached revised
Schedule B, to document revisions and additions to the fund offerings as of
the dates shown.
This Amendment does not alter, amend or modify the Reinsurance Agreement other
than as set forth in this Amendment, and it is subject otherwise to all terms
and conditions of the Reinsurance Agreement together with all Amendments and
supplements thereto.
THE MANUFACTURERS LIFE INSURANCE
COMPANY OF NEW YORK
By: /s/ Xxxxx Xxxxxxxxx Date: 6/2/2003
---------------------------------
Xxxxx Xxxxxxxxx,
President
Attest: /s/ Xxxxx X. Xxxxxx
-----------------------------
Xxxxx X. Xxxxxx,
Vice President and CFO
AXA CORPORATE SOLUTIONS LIFE
REINSURANCE COMPANY
By: /s/ Xxxxxxx X. Xxxxxxxx Date: 2 June 2003
---------------------------------
Xxxxxxx X. Xxxxxxxx,
Senior Vice President
By: /s/ Xxxxx Xxxxx
---------------------------------
Xxxxx Xxxxx, Vice President
Attest: /s/ Xxxxx Xxxxxxx
-----------------------------
Xxxxx Xxxxxxx,
Assistant Vice President
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB),
Effective September 17, 2001
Amendment 2
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
American Funds
Growth Trust (added May 5, 2003)
International Trust (added May 5, 2003)
Growth-Income Trust (added May 5, 2003)
Blue Chip Income & Growth Trust (added May 5, 2003)
AIM Capital Management, Inc.
All Cap Growth Trust
Aggressive Growth Trust
Mid Cap Core (added May 5, 2003)
Capital Guardian Trust Company ("CGTC")
Diversified Bond Trust
Income & Value Trust
US Large Cap Trust (name changed May 1, 2003; formerly US Large Cap Value)
Small Company Blond Trust
Xxxxx Advisers
Financial Services Trust
Fundamental Value Trust
Deutsche Asset Management Investment Services Ltd., "XxXX" (added November 25,
2002)
All Cap Core Trust
Dynamic Growth Trust
International Stock Trust
Real Estate Securities Trust
Fidelity Management & Research Company ("FMR")
Large Cap Growth Trust
Overseas Trust
Strategic Opportunities Trust
Franklin Advisors, Inc.
Emerging Small Company Trust
Xxxxxxxx Associates LLC
Capital Appreciation Trust
Lord, Xxxxxx & Co. LLC
Mid Cap Value Trust
All Cap Value Trust (fund manager changed May 1, 2003; formerly managed by
Dreyfus)
MFC Global Investment Management (formerly known as Manufacturers Advisor
Corporation)
Pacific Rim Emerging Markets Trust
Money Market Trust
Quantitative Equity Trust
Balanced Trust
Quantitative Mid Cap Trust
Lifestyle Conservative 280 Trust
Lifestyle ModerateBalanced 460 Trust
Lifestyle Balanced 640 Trust
Lifestyle Growth 820 Trust
Lifestyle Aggressive 1000 Trust
International Index Trust
Total Stock Market Index Trust
500 Index Trust
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB),
Effective September 17, 2001
Amendment 2
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
Mid Cap Index Trust
Small Cap Index Trust
Quantitative All Cap (added May 5, 2003)
Emerging Growth (added May 5, 2003)
Xxxxxxx Xxxxx (closed to new business as of February 1, 2002)
ML Basic Value Focus Trust
ML Special Value Focus Trust
ML Developing Capital Markets Trust
Massachusetts Financial Services Company ("MFS")
Strategic Growth Trust
Strategic Value (name changed May 1, 2003; formerly Capital Opportunities Trust)
Utilities Trust
Mercury Advisors
Large Cap Value Trust (added May 5, 2003)
Munder Capital Management
Small Cap Opportunities (added May 5, 2003)
Pacific Investment Management Company LLC
Global Bond Trust
Total Return Trust
Real Return Bond (added May 5, 2003)
Xxxxxx Investment Management, LLC
Global Equity Trust
Salomon Brothers Asset Management Inc. ("PIMCO")
US Government Securities Trust
Strategic Bond Trust
High Yield Trust (fund manager changed May 1, 2003; formerly managed by Xxxxxx
Xxxxx. Xxxx.)
Special Value (added May 5, 2003)
SGAM
Principal Protection Trust A (added October 21, 2002)
X. Xxxx Price
Equity Income Trust
Blue Chip Growth Trust
Science & Technology Trust
Small Company Value Trust
Health Sciences Trust
Xxxxxxxxx Investment Counsel, LLC
International Value Trust
International Small Cap Trust (fund manager changed May 1, 2003; formerly
managed by Founders)
UBS Global Asset Management (named changed, formerly Xxxxxxx)
Global Allocation Trust (name changed May 1, 2003; formerly Tactical Allocation
Trust)
Xxx Xxxxxx Investments
Value Trust (fund manager changed May 1, 2003; formerly managed by Xxxxxx Xxxxx.
Sher.)
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB),
Effective September 17, 2001
Amendment 2
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
Wellington Management Company, LLP
Growth & Income Trust
Investment Quality Bond Trust
Mid Cap Stock Trust
Natural Resources (added May 5, 2003)
FIXED FUNDS
One Year
DCA Twelve Month
DCA Six Month
SECTION OF HISTORICAL CHANGES
Xxxxx & Steers (replaced by XxXX November 25, 2002)
Real Estate Securities (see XxXX)
Investco
Telecommunications Trust (merged into Science & Technology Trust May 2, 2003 -
See X. Xxxx Price)
Mid Cap Growth Trust (merged into Dynamic Growth Trust May 2, 2003 - See XxXX)
Xxxxx (replaced by XxXX November 25, 2002)
Dynamic Growth Trust (see XxXX)
Xxxx Price - Flem.(replaced by XxXX November 25, 2002)
International Stock Trust (see XxXX)
SsgA (replaced by XxXX November 25, 2002)
Growth Trust (name changed to All Cap Core Trust - see XxXX)
Internet Technologies managed by Munder (merged into Science & Technology Trust
May 2, 2003 - See X. Xxxx Price)
Mid Cap Opportunities managed by Xxxxxx (merged into Dynamic Growth Trust May 2,
2003 - See XxXX)
Continued....
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB),
Effective September 17, 2001
Amendment 2
SCHEDULE B
INVESTMENT FUNDS
WEALTHMARK & WEALTHMARK ML3 VERSIONS OF VENTURE & VENTURE III
ADDED OCTOBER 7, 2002
VARIABLE FUNDS
Xxxxx American Fund (Class S Shares)
Balanced Portfolio
Leveraged AllCap Portfolio
Credit Suisse Trust
Emerging Markets Portfolio
Global Post-Venture Capital Portfolio
Dreyfus Investment Portfolio (Service Class)
MidCap Stock Portfolio
Socially Responsible Growth Fund, Inc.
INVESCO Variable Investment Funds, Inc.
Utilities Fund Portfolio
Xxxxxxx Variable Series I (Class B Shares)
21(st) Century Growth Portfolio
Capital Growth Portfolio
Global Discovery Portfolio
Growth and Income Portfolio
Health Sciences Portfolio
International Portfolio
Xxxxxxx Real Estate Securities Portfolio (Class B Shares) (added May 5, 2003)
Xxxxxxx Variable Series II (Class B Shares)
Aggressive Growth Portfolio
Blue Chip Portfolio
Contrarian Value Portfolio
Global Blue Chip Portfolio
Government Securities Portfolio
Growth Portfolio
High Income Portfolio
International Select Equity Portfolio
Fixed Income (name changed May 1, 2003; formerly Investment Grade Bond
Portfolio)
Money Market Portfolio
Small Cap Growth Portfolio
Strategic Income (added May 5, 2003)
Technology Growth Portfolio
Total Return Portfolio
Xxxxx Venture Value Portfolio
Dreman Financial Services Portfolio
Dreman High Return Equity Portfolio
Dreman Small Cap Value Portfolio
Eagle Focused Large cap Growth Portfolio
Focus Value + Growth Portfolio
Index 500 Portfolio
INVESCO Dynamic Growth Portfolio
Janus Growth and Income Portfolio
Janus Growth Opportunities Portfolio
MFS Strategic Value Portfolio
Oak Strategic Equity Portfolio
Xxxxxx XxxXxx Growth Portfolio
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB),
Effective September 17, 2001
Amendment 2
SCHEDULE B
INVESTMENT FUNDS
WEALTHMARK & WEALTHMARK ML3 VERSIONS OF VENTURE & VENTURE III
ADDED OCTOBER 7, 2002
FIXED FUNDS
One Year
DCA Twelve Month
DCA Six Month
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB),
Effective September 17, 2001
Amendment 2
AMENDMENT XX. 0 XX
XXXXXXXXX XXXXXXXXXXX XXXXXXXXX XX. 0000-00XX, DATED SEPTEMBER 17, 2001
between
THE MANUFACTURERS LIFE INSURANCE COMPANY OF NEW YORK
(CEDING COMPANY)
and
AXA CORPORATE SOLUTIONS LIFE REINSURANCE COMPANY
(REINSURER)
Effective as noted below, this Amendment is hereby attached to and becomes a
part of the above-described Reinsurance Agreement. It is mutually agreed that:
SCHEDULE B, INVESTMENT FUNDS, is hereby replaced by the attached revised
Schedule B, to document revisions and additions to the fund offerings as of
the dates shown.
This Amendment does not alter, amend or modify the Reinsurance Agreement other
than as set forth in this Amendment, and it is subject otherwise to all the
terms and conditions of the Reinsurance Agreement together with all Amendments
and supplements thereto.
THE MANUFACTURERS LIFE INSURANCE
COMPANY OF NEW YORK
By: /s/ Xxxxx Xxxxxxxxx Date: July 6, 2004
---------------------------------
Xxxxx Xxxxxxxxx,
President
/s/ Xxxxx X. Xxxxxx
Attest: -----------------------------
Xxxxx X. Xxxxxx,
Vice President and CFO
AXA CORPORATE SOLUTIONS LIFE
REINSURANCE COMPANY
By: /s/ Xxxxxxx X. Xxxxxxxx Date: 13 May 2004
---------------------------------
Xxxxxxx X. Xxxxxxxx,
Senior Vice President
By: /s/ Xxxxx X. Xxxxxx
---------------------------------
Xxxxx X. Xxxxxx,
Assistant Vice President
Attest: /s/ Xxxxx Xxxxxxx
-----------------------------
Xxxxx Xxxxxxx,
Assistant Vice President
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB),
Effective September 17, 2001
Amendment 3
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
American Century Investment Management, Inc.
Small Company Trust (added May 3, 2004)
American Funds
Growth Trust (added May 5, 2003)
International Trust (added May 5, 2003)
Growth-Income Trust (added May 5, 2003)
Blue Chip Income & Growth Trust (added May 5, 2003)
AIM Capital Management, Inc.
All Cap Growth Trust
Aggressive Growth Trust
Mid Cap Core (added May 5, 2003)
Capital Guardian Trust Company ("CGTC")
Diversified Bond Trust
Income & Value Trust
US Large Cap Trust (name changed May 1, 2003; formerly US Large Cap Value)
Small Company Blend Trust
Xxxxx Advisors
Financial Services Trust
Fundamental Value Trust
Deutsche Asset Management Investment Services Ltd., "XxXX" (added November 25,
2002)
All Cap Core Trust
Dynamic Growth Trust
International Stock Trust
Real Estate Securities Trust
Fidelity Management & Research Company ["FMR"]
Large Cap Growth Trust
Overseas Trust
Strategic Opportunities Trust
Franklin Advisers, Inc.
Emerging Small Company Trust
Xxxxxxxx Associates LLC
Capital Appreciation Trust
Xxxx Xxxxxxx Advisers, LLC
Strategic Income Trust (added May 3, 2004)
Xxxx Xxxxx Funds Management, Inc.
Core Equity Trust (added May 3, 2004)
Lord, Xxxxxx & Co. LLC
Mid Cap Value Trust
All Cap Value Trust (fund manager changed May 1, 2003; formerly managed by
Dreyfus)
MFC Global Investment Management (formerly known as Manufacturers Advisor
Corporation)
Pacific Rim Trust (name changed May 3, 2004; formerly Pacific Rim Emerging
Markets Trust)
Money Market Trust
Quantitative Mid Cap Trust
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB), Page 1 of 6
Effective September 17, 2001
Amendment 3
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
Lifestyle Conservative 280 Trust
Lifestyle Moderate 460 Trust
Lifestyle Balanced 640 Trust
Lifestyle Growth 820 Trust
Lifestyle Aggressive 1000 Trust
International Index Trust (closed to new money and transfers May 3, 2004)
Total Stock Market Index Trust
500 Index Trust
Mid Cap Index Trust
Small Cap Index Trust
Quantitative All Cap (added May 5, 2003)
Quantitative Value Trust (added May 3, 2004)
Emerging Growth (added May 5, 2003)
Xxxxxxx Xxxxx (closed to new business as of February 1, 2002)
ML Basic Value Focus Trust
ML Special Value Focus Trust
ML Developing Capital Markets Trust
Massachusetts Financial Services Company ("MFS")
Strategic Growth Trust
Strategic Value (name changed May 1, 2003; formerly Capital Opportunities
Trust)
Utilities Trust
Mercury Advisors
Large Cap Value Trust (added May 5, 2003)
Munder Capital Management
Small Cap Opportunities (added May 5, 2003)
Pacific Investment Management Company LLC ("PIMCO")
Global Bond Trust
PIMCO VIT All Asset Portfolio (added May 3, 2004)
Total Return Trust
Real Return Bond (added May 5, 2003)
Pzena Investment Management, LLC
Classic Value Trust (added May 3, 2004)
Salomon Brothers Asset Management Inc. ("SaBAM")
US Government Securities Trust
Strategic Bond Trust
High Yield Trust (fund manager changed May 1, 2003; formerly managed by Xxxxxx
Xxxxx. Xxxx.)
Special Value (added May 5, 2003)
SGAM
Principal Protection Trust A (added October 21, 2002)
State Street Global Advisers ("SSgA")
Xxxx Xxxxxxx VST International Index (added May 3, 2004)
Sustainable Growth Advisers, LP
U.S. Global Leaders Growth Trust (added May 3, 2004)
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB), Page 2 of 6
Effective September 17, 2001
Amendment 3
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
X. Xxxx Price
Equity-Income Trust
Blue Chip Growth Trust
Science & Technology Trust
Small Company Value Trust
Health Sciences Trust
Xxxxxxxxx Global Advisors Limited
Global Trust (name changed May 3, 2004; formerly Global Equity; fund manager
changed December 9, 2003; formerly managed by Xxxxxx Investment Management)
Xxxxxxxxx Investment Counsel, LLC
International Value Trust
International Small Cap Trust (fund manager changed May 1, 2003; formerly
managed by Founders)
UBS Global Asset Management (name changed, formerly Xxxxxxx)
Global Allocation Trust (name changed May 1, 2003; formerly Tactical Allocation
Trust)
Xxx Xxxxxx Investments
Value Trust (fund manager changed May 1, 2003; formerly managed by Xxxxxx Xxxxx.
Sher.)
Wellington Management Company, LLP
Growth & Income Trust
Investment Quality Bond Trust
Mid Cap Stock Trust
Natural Resources (added May 5, 2003)
FIXED FUNDS
One Year
DCA Twelve Month
DCA Six Month
Additional Fixed Funds available to Venture contracts with a 7 year CDSC
including those contracts which elect the Payment Enhancement Rider (since
inception of the Agreement)
Three Year
Five Year
Seven Year
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB), Page 3 of 6
Effective September 17, 2001
Amendment 3
SCHEDULE B
INVESTMENT FUNDS
SECTION OF HISTORICAL CHANGES
Xxxxx & Steers (replaced by XxXX November 25, 2002)
Real Estate Securities (see XxXX)
Investco
Telecommunications Trust (merged into Science & Technology Trust May 2, 2003 -
See X. Xxxx Price)
Mid Cap Growth Trust (merged into Dynamic Growth Trust May 2, 2003 - See XxXX)
Janus (replaced by XxXX November 25, 2002)
Dynamic Growth Trust (see XxXX)
MFC Global Investment Management
Quantitative Equity Trust (merged into Income & Value (Capital Guardian) May 3,
2004)
Balanced Trust (merged into US Large Cap (Capital Guardian) May 3, 2004)
Xxxx Price - Flem (replaced by XxXX November 25, 2002)
International Stock Trust (see XxXX)
SsgA (replaced by XxXX November 25, 2002)
Growth Trust (name changed to All Cap Core Trust - see XxXX)
Internet Technologies managed by Munder (merged into Science & Technology Trust
May 2, 2003 - See X. Xxxx Price)
Mid Cap Opportunities managed by Xxxxxx (merged into Dynamic Growth Trust May 2,
2003 - See XxXX)
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB), Page 4 of 6
Effective September 17, 2001
Amendment 3
SCHEDULE B
INVESTMENT FUNDS
WEALTHMARK & WEALTHMARK ML3 VERSIONS OF VENTURE & VENTURE III
ADDED OCTOBER 7, 2002
VARIABLE FUNDS
Xxxxx American Fund (Class S Shares)
Balanced Portfolio
Leveraged AllCap Portfolio
Credit Suisse Trust
Emerging Markets Portfolio
Global Post Venture Capital Portfolio
Dreyfus Investment Portfolio (Service Class)
MidCap Stock Portfolio
Socially Responsible Growth Fund, Inc.
INVESCO Variable Investment Funds, Inc.
Utilities Fund Portfolio
Xxxxxxx Variable Series I (Class B Shares)
21(st) Century Growth Portfolio
Capital Growth Portfolio
Global Discovery Portfolio
Growth and Income Portfolio
Health Sciences Portfolio
International Portfolio
Xxxxxxx Real Estate Securities Portfolio (Class B Shares) (added May 5, 2003)
Xxxxxxx Variable Series II (Class B Shares)
Aggressive Growth Portfolio
Blue Chip Portfolio
Large Cap Value Portfolio (name changed May 1, 2004; formerly Contrarian Value
Portfolio)
Global Blue Chip Portfolio
Government & Agency Securities (name changed May 1, 2004; formerly Government
Securities Portfolio)
Growth Portfolio
High Income Portfolio
International Select Equity Portfolio
Fixed Income (name changed May 1, 2003; formerly Investment Grade Bond
Portfolio)
Money Market Portfolio
Small Cap Growth Portfolio
Strategic Income (added May 5, 2003)
Technology Growth Portfolio
Total Return Portfolio
Xxxxx Venture Value Portfolio
Dreman Financial Services Portfolio
Dreman High Return Equity Portfolio
Dreman Small Cap Value Portfolio
Eagle Focused Large Cap Growth Portfolio
Focus Value + Growth Portfolio
Index 500 Portfolio
INVESCO Dynamic Growth Portfolio
Janus Growth and Income Portfolio
Janus Growth Opportunities Portfolio
MFS Strategic Value Portfolio
Oak Strategic Equity Portfolio
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB), Page 5 of 6
Effective September 17, 2001
Amendment 3
SCHEDULE B
INVESTMENT FUNDS
WEALTHMARK & WEALTHMARK ML3 VERSIONS OF VENTURE & VENTURE III
ADDED OCTOBER 7, 2002
Xxxxxx XxxXxx Growth Portfolio
FIXED FUNDS
One Year
DCA Twelve Month
DCA Six Month
Additional Fixed Funds available to Wealthmark contracts with a 7 year CDSC
(since October 7, 2002)
Three Year
Five Year
Seven Year
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB), Page 6 of 6
Effective September 17, 2001
Amendment 3
AMENDMENT XX. 0 XX
XXXXXXXXX XXXXXXXXXXX XXXXXXXXX XX. 0000-00XX, DATED SEPTEMBER 17, 2001
between
THE MANUFACTURERS LIFE INSURANCE COMPANY OF NEW YORK
(CEDING COMPANY)
and
AXA CORPORATE SOLUTIONS LIFE REINSURANCE COMPANY
(REINSURER)
Effective August 1, 2004, this Amendment is hereby attached to and becomes a
part of the above-described Reinsurance Agreement. It is mutually agreed that:
SCHEDULE B, INVESTMENT FUNDS, is hereby replaced by the attached revised
Schedule B, to document additions to the Wealthmark fund offerings.
This Amendment does not alter, amend or modify the Reinsurance Agreement other
than as set forth in this Amendment, and it is subject otherwise to all the
terms and conditions of the Reinsurance Agreement together with all Amendments
and supplements thereto.
THE MANUFACTURERS LIFE INSURANCE
COMPANY OF NEW YORK
By: /s/ Xxxxxx X. Xxxxx
--------------------------------- Date: 10/22/04
Xxxxxx X. Xxxxx,
Vice President
Attest: /s/ Xxxxx X. Xxxxxx
-----------------------------
Xxxxx X. Xxxxxx,
Vice President and CFO
AXA CORPORATE SOLUTIONS LIFE
REINSURANCE COMPANY
By: /s/ Xxxxxxx X. Xxxxxxxx Date: 27 September 2004
---------------------------------
Xxxxxxx X. Xxxxxxxx,
Senior Vice President
By: /s/ Xxxxx X. Xxxxxx
---------------------------------
Xxxxx X. Xxxxxx,
Assistant Vice President
Attest: /s/ Xxxxx Xxxxxxx
-----------------------------
Xxxxx Xxxxxxx,
Assistant Vice President
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB),
Effective September 17, 2001
Amendment 4
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
American Century Investment Management, Inc.
Small Company Trust (added May 3, 2004)
American Funds
Growth Trust (added May 5, 2003)
International Trust (added May 5, 2003)
Growth-Income Trust (added May 5, 2003)
Blue Chip Income & Growth Trust (added May 5, 2003)
AIM Capital Management, Inc.
All Cap Growth Trust
Aggresive Growth Trust
Mid Cap Core (added May 5, 2003)
Capital Guardian Trust Company ("CGTC")
Diversified Bond Trust
Income & Value Trust
US Large Cap Trust (name changed May 1, 2003; formerly US Large Cap Value)
Small Company Blend Trust
Xxxxx Advisors
Financial Services Trust
Fundamental Value Trust
Duetsche Asset Management Investment Services Ltd., "XxXX" (added November 25,
2002)
All Cap Core Trust
Dynamic Growth Trust
International Stock Trust
Real Estate Securities Trust
Fidelity Management & Research Company ("FMR")
Large Cap Growth Trust
Overseas Trust
Strategic Opportunities Trust
Franklin Advisers, Inc.
Emerging Small Company Trust
Jannison Associates LLC
Capital Appreciation Trust
Xxxx Xxxxxxx Advisers, LLC
Strategic Income Trust (added May 3, 2004)
Xxxx Xxxxx Funds Management, Inc.
Core Equity Trust (added May 3, 2004)
Lord, Xxxxxx & Co. LLC
Mid Cap Value Trust
All Cap Value Trust (fund manager changed May 1, 2003; formerly managed by
Dreyfus)
MFC Global Investment Management (formerly known as Manufacturers Advisors
Corporation)
Pacific Rim Trust (name changed May 3, 2004; formerly Pacific Rim
Emerging Markets Trust)
Money Market Trust
Quantitative Mid Cap Trust
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB), Page 1 of 6
Effective September 17, 2001
Amendment 4
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
Lifestyle Conservative 280 Trust
Lifestyle Moderate 460 Trust
Lifestyle Balanced 640 Trust
Lifestyle Growth 820 Trust
Lifestyle Aggressive 1000 Trust
International Index Trust (closed to new money and transfers May 3, 2004)
Total Stock Market Index Trust
500 Index Trust
Mid Cap Index Trust
Small Cap Index Trust
Quantitative All Cap (added May 5, 2003)
Quantitative Value Trust (added May 3, 2004)
Emerging Growth (added May 5, 2003)
Xxxxxxx Xxxxx (closed to new business as of February 1, 2002)
ML Basic Value Focus Trust
ML Special Value Focus Trust
ML Developing Capital Markets Trust
Massachusetts Financial Services Company ["MFS"]
Strategic Growth Trust
Strategic Value (name changed May 1, 2003; formerly Capital Opportunities
Trust)
Utilities Trust
Mercury Advisors
Large Cap Value Trust (added May 5, 2003)
Munder Capital Management
Small Cap Opportunities (added May 5, 2003)
Pacific Investment Management Company LLC ["PIMCO"]
Global Bond Trust
PIMCO VIT All Asset Portfolio (added May 3, 2004)
Total Return Trust
Real Return Bond (added May 5, 2003)
Pzena Investment Management, LLC
Classic Value Trust (added May 3, 2004)
Salomon Brothers Asset Management Inc. ["SaBAM"]
US Government Securities Trust
Strategic Bond Trust
High Yield Trust (fund manager changed May 1, 2003; formerly managed by Xxxxxx
Xxxxx. Xxxx.)
Special Value (added May 5, 2003)
SGAM
Principal Protection Trust A (added October 21, 2002)
State Street Global Advisers ["SSgA"]
Xxxx Xxxxxxx VST International Index (added May 3, 2004)
Sustainable Growth Advisers, LP
U.S. Global Leaders Growth Trust (added May 3, 2004)
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB), Page 2 of 6
Effective September 17, 2001
Amendment 4
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
X. Xxxx Price
Equity-Income Trust
Blue Chip Growth Trust
Science & Technology Trust
Small Company Value Trust
Health Sciences Trust
Xxxxxxxxx Global Advisors Limited
Global Trust (name changed May 3, 2004; formerly Global Equity; fund manager
changed December 9, 2003.) formerly managed by Xxxxxx Investment Management)
Xxxxxxxxx Investment Counsel, LLC
International Value Trust
International Small Cap Trust (fund manager changed May 1, 2003; formerly
managed by Founders)
UBS Global Asset Management (name changed, formerly Xxxxxxx)
Global Allocation Trust (name changed May 1, 2003; formerly Tactical Allocation
Trust)
Van Karnpen Investments
Value Trust (fund manager changed May 1, 2003; formerly managed by Mitler Ander.
Sher.)
Wellington Management Company, LLP
Growth & Income Trust
Investment Quality Bond Trust
Mid Cap Stock Trust
Natural Resources (added May 5, 2003)
FIXED FUNDS
One Year
DCA Twelve Month
DCA Six Month
Additional Fixed Funds available to Venture contracts with a 7 year CDSC
including those contracts which elect the Payment Enhancement Rider (since
inception of the Agreement)
Three Year
Five Year
Seven Year
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB), Page 3 of 6
Effective September 17, 2001
Amendment 4
SCHEDULE B
INVESTMENT FUNDS
SECTION OF HISTORICAL CHANGES
Xxxxx & Steers (replaced by XxXX November 25, 2002)
Real Estate Securities (see XxXX)
Investco
Telecommunications Trust (merged into Science & Technology Trust May 2, 2003 -
See X. Xxxx Price)
Mid Cap Growth Trust (merged into Dynamic Growth Trust May 2, 2003 - See XxXX)
Xxxxx (replaced by XxXX November 25, 2002)
Dynamic Growth Trust (see XxXX)
MFC Global Investment Management
Quantitative Equity Trust (merged into Income & Value {Capital Guardian} May 3,
2004)
Balanced Trust (merged into US Large Cap (Capital Guardian) May 3, 2004)
Xxxx Price - Flem. (replaced by XxXX November 25, 2002)
International Stock Trust (see XxXX)
SsgA (replaced by XxXX November 25, 2002)
Growth Trust (name changed to All Cap Core Trust - see XxXX)
Internet Technologies managed by Munder (merged into Science & Technology Trust
May 2, 2003 - See X. Xxxx Price)
Mid Cap Opportunities managed by Xxxxxx (merged into Dynamic Growth Trust May 2,
2003 - See XxXX)
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB), Page 4 of 6
Effective September 17, 2001
Amendment 4
SCHEDULE B
INVESTMENT FUNDS
WEALTHMARK & WEALTHMARK ML3 VERSIONS OF VENTURE & VENTURE III
ADDED OCTOBER 7, 2002
VARIABLE FUNDS
Xxxxx American Fund (Class S Shares)
Balanced Portfolio
Leveraged AllCap Portfolio
Credit Suisse Trust
Emerging Markets Portfolio
Global Post-Venture Capital Portfolio
Dreyfus Investment Portfolio (Service Class)
MidCap Stock Portfolio
Socially Responsible Growth Fund, Inc.
INVESCO Variable Investment Funds, Inc.
Utilities Fund Portfolio
Xxxxxxx Variable Series I (Class B Shares)
21(st) Century Growth Portfolio
Capital Growth Portfolio
Global Discovery Portfolio
Growth and Income Portfolio
Health Sciences Portfolio
International Portfolio
Xxxxxxx Real Estate Securities Portfolio (Class B Shares) (added May 5, 2003)
Xxxxxxx Variable Series II (Class B Shares)
Aggressive Growth Portfolio
Blue Chip Portfolio
Large Cap Value Portfolio (name changed May 1, 2004; formerly Contrarian
Value Portfolio)
Global Blue Chip Portfolio
Government & Agency Securities (name changed May 1, 2004; formely Government
Securities Portfolio)
Growth Portfolio
High Income Portfolio
International Select Equity Portfolio
Fixed Income (name changed May 1, 2003; formerly Investment Grade Bond
Portfolio)
Money Market Portfolio
Small Cap Growth Portfolio
Strategic Income (added May 5, 2003)
Technology Growth Portfolio
Total Return Portfolio
Xxxxx Venture Value Portfolio
Dreman Financial Services Portfolio
Dreman High Return Equity Portfolio
Dreman Small Cap Value Portfolio
Eagle Focused Large Cap Growth Portfolio
Focus Value + Growth Portfolio
Index 500 Portfolio
INVESCO Dynamic Growth Portfolio
Janus Growth and Income Portfolio
Janus Growth Opportunities Portfolio
MFS Strategic Value Portfolio
Oak Strategic Equity Portfolio
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB), Page 5 of 6
Effective September 17, 2001
Amendment 4
SCHEDULE B
INVESTMENT FUNDS
WEALTHMARK & WEALTHMARK ML3 VERSIONS OF VENTURE & VENTURE III
ADDED OCTOBER 7, 2002
Xxxxxx XxxXxx Growth Portfolio
Conservative Income Strategy Portfolio (added August 1, 2004)
Growth & Income Strategy Portfolio (added August 1, 2004)
Growth Strategy Portfolio (added August 1, 2004)
Income & Growth Strategy Portfolio (added August 1, 2004)
FIXED FUNDS
One Year
DCA Twelve Month
DCA Six Month
Additional Fixed Funds available to Wealthmark contracts with a 7 year CDSC
(since October 7, 2002)
Three Year
Five Year
Seven Year
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB), Page 6 of 6
Effective September 17, 2001
Amendment 4
AMENDMENT XX. 0 XX
XXXXXXXXX XXXXXXXXXXX XXXXXXXXX XX. 0000-00XX, DATED SEPTEMBER 17, 2001
between
THE MANUFACTURERS LIFE INSURANCE COMPANY OF NEW YORK
(CEDING COMPANY)
and
AXA CORPORATE SOLUTIONS LIFE REINSURANCE COMPANY
(REINSURER)
Effective November 15, 2004, this Amendment is hereby attached to and becomes a
part of the above-described Reinsurance Agreement. It is mutually agreed that:
SCHEDULE B, INVESTMENT FUNDS, is hereby replaced by the attached revised
Schedule B, to document additions to the Wealthmark fund offerings.
This Amendment does not alter, amend or modify the Reinsurance Agreement other
than as set forth in this Amendment, and it is subject otherwise to all the
terms and conditions of the Reinsurance Agreement together with all Amendments
and supplements thereto.
THE MANUFACTURERS LIFE INSURANCE
COMPANY OF NEW YORK
By: /s/ Xxxxxx X. Xxxxx Date: 12/9/04
---------------------------------
Xxxxxx X. Xxxxx,
Vice President
Attest: /s/ Xxxxx X. Xxxxxx 12/9/04
-----------------------------
Xxxxx X. Xxxxxx,
Vice President and CFO
AXA CORPORATE SOLUTIONS LIFE
REINSURANCE COMPANY
By: /s/ Xxxxxxx X. Xxxxxxxx Date: 15 November 2004
---------------------------------
Xxxxxxx X. Xxxxxxxx,
Senior Vice President
By: /s/ Xxxxx X. Xxxxxx
---------------------------------
Xxxxx X. Xxxxxx,
Assistant Vice President
Attest: /s/ Xxxxx Xxxxxxx
-----------------------------
Xxxxx Xxxxxxx,
Assistant Vice President
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB),
Effective September 17, 2001
Amendment 5
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
American Century Investment Management, Inc.
Small Company Trust (added May 3, 2004)
American Funds
Growth Trust (added May 5, 2003)
International Trust (added May 5, 2003)
Growth-Income Trust (added May 5, 2003)
Blue Chip Income & Growth Trust (added May 5, 2003)
AIM Capital Management, Inc.
All Cap Growth Trust
Aggressive Growth Trust
Mid Cap Core (added May 5, 2003)
Capital Guardian Trust Company ("CGTC")
Diversified Bond Trust
Income & Value Trust
US Large Cap Trust (name changed May 1, 2003; formerly US Large Cap Value)
Small Company Blend Trust
Xxxxx Advisors
Financial Services Trust
Fundamental Value Trust
Deutsche Asset Management Investment Services Ltd., "XxXX" (added November 25,
2002)
All Cap Core Trust
Dynamic Growth Trust
International Stock Trust
Real Estate Securities Trust
Fidelity Management & Research Company ("FMR")
Large Cap Growth Trust
Overseas Trust
Strategic Opportunities Trust
Franklin Advisers, Inc.
Emerging Small Company Trust
Xxxxxxxx Associates LLC
Capital Appreciation Trust
Xxxx Xxxxxxx Advisers, LLC
Strategic Income Trust (added May 3, 2004)
Xxxx Xxxxx Funds Management, Inc.
Core Equity Trust (added May 3, 2004)
Lord, Xxxxxx & Co. LLC
Mid Cap Value Trust
All Cap Value Trust (fund manager changed May 1, 2003; formerly managed by
Dreyfus)
MFC Global Investment Management (formerly known as Manufacturers Advisor
Corporation)
Pacific Rim Trust (name changed May 3, 2004; formerly Pacific Rim Emerging
Markets Trust)
Money Market Trust
Quantitative Mid Cap Trust
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB), Page 1 of 6
Effective September 17, 2001
Amendment 5
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
Lifestyle Conservative 280 Trust
Lifestyle Moderate 460 Trust
Lifestyle Balanced 640 Trust
Lifestyle Growth 820 Trust
Lifestyle Aggressive 1000 Trust
International Index Trust (closed to new money and transfers May 3, 2004)
Total Stock Market Index Trust
500 Index Trust
Mid Cap Index Trust
Small Cap Index Trust
Quantitative All Cap (added May 5, 2003)
Quantitative Value Trust (added May 3, 2004)
Emerging Growth (added May 5, 2003)
Xxxxxxx Xxxxx (closed to new business as of February 1, 2002)
ML Basic Value Focus Trust
ML Special Value Focus Trust
ML Developing Capital Markets Trust
Massachusetts Financial Services Company ("MFS")
Strategic Growth Trust
Strategic Value (name changed May 1, 2003; formerly Capital Opportunities Trust)
Utilities Trust
Mercury Advisors
Large Cap Value Trust (added May 5, 2003)
Munder Capital Management
Small Cap Opportunities (added May 5, 2003)
Pacific Investment Management Company LLC ("PIMCO")
Global Bond Trust
PIMCO VIT All Asset Portfolio (added May 3, 2004)
Total Return Trust
Real Return Bond (added May 5, 2003)
Pzena Investment Management, LLC
Classic Value Trust (added May 3, 2004)
Salomon Brothers Asset Management Inc. ("SaBAM")
US Government Securities Trust
Strategic Bond Trust
High Yield Trust (fund manager changed May 1, 2003; formerly managed by Xxxxxx
Xxxxx. Xxxx.)
Special Value (added May 5, 2003)
SGAM
Principal Protection Trust A (added October 21, 2002)
State Street Global Advisers ("SSgA")
Xxxx Xxxxxxx VST International Index (added May 3, 2004)
Sustainable Growth Advisers, LP
U.S. Global Leaders Growth Trust (added May 3, 2004)
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB), Page 2 of 6
Effective September 17, 2001
Amendment 5
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
X. Xxxx Price
Equity-Income Trust
Blue Chip Growth Trust
Science & Technology Trust
Small Company Value Trust
Health Sciences Trust
Xxxxxxxxx Global Advisors Limited
Global Trust (name changed May 3, 2004; formerly Global Equity; fund manager
changed December 9, 2003; formerly managed by Xxxxxx Investment Management)
Xxxxxxxxx Investment Counsel. LLC
International Value Trust
International Small Cap Trust (fund manager changed May 1, 2003; formerly
managed by Founders)
UBS Global Asset Management (name changed, formerly Xxxxxxx)
Global Allocation Trust (name changed May 1, 2003; formerly Tactical Allocation
Trust)
Xxx Xxxxxx Investments
Value Trust (fund manager changed May 1, 2003; formerly managed by Xxxxxx
Xxxxx. Sher.)
Wellington Management Company, LLP
Growth & Income Trust
Investment Quality Bond Trust
Mid Cap Stock Trust
Natural Resources (added Mav 5, 2003)
FIXED FUNDS
One Year
DCA Twelve Month
DCA Six Month
Additional Fixed Funds available to Venture contracts with a 7 year CDSC
including those contracts which elect the Payment Enhancement Rider (since
inception of the Agreement)
Three Year
Five Year
Seven Year
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB), Page 3 of 6
Effective September 17, 2001
Amendment 5
SCHEDULE B
INVESTMENT FUNDS
SECTION OF HISTORICAL CHANGES
Xxxxx & Steers (replaced by XxXX November 25, 2002)
Real Estate Securities (see XxXX)
Investco
Telecommunications Trust (merged into Science & Technology Trust May 2, 2003 -
See T, Xxxx Price)
Mid Cap Growth Trust (merged into Dynamic Growth Trust May 2, 2003 - See XxXX)
Xxxxx (replaced by XxXX November 25, 2002)
Dynamic Growth Trust (see XxXX)
MFC Global Investment Management
Quantitative Equity Trust (merged into Income & Value (Capital Guardianl May 3,
2004)
Balanced Trust (merged into US Large Cap (Capital Guardian) May 3, 2004)
Xxxx Price -- Flem. (replaced by XxXX November 25, 2002)
International Stock Trust (see XxXX)
SsgA (replaced by XxXX November 25, 2002)
Growth Trust (name changed to All Cap Core Trust - see XxXX)
Internet Technologies managed by Munder (merged into Science & Technology Trust
May 2, 2003 - See X. Xxxx Price)
Mid Cap Opportunities managed by Xxxxxx (merged into Dynamic Growth Trust May 2,
2003 - See XxXX)
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB), Page 4 of 6
Effective September 17, 2001
Amendment 5
SCHEDULE B
INVESTMENT FUNDS
WEALTHMARK & WEALTHMARK ML3 VERSIONS OF VENTURE & VENTURE III
ADDED OCTOBER 7, 2002
VARIABLE FUNDS
Xxxxx American Fund (Class S Shares)
Balanced Portfolio
Leveraged AllCap Portfolio
Credit Suisse Trust
Emerging Markets Portfolio
Global Post-Venture Capital Portfolio
Dreyfus Investment Portfolio (Service Class
MidCap Stock Portfolio
Socially Responsible Growth Fund, Inc.
INVESCO Variable Investment Funds, Inc.
Utilities Fund Portfolio
Xxxxxxx Variable Series I (Class B Shares)
21(st) Century Growth Portfolio
Capital Growth Portfolio
Global Discovery Portfolio
Growth and Income Portfolio
Health Sciences Portfolio
International Portfolio
Xxxxxxx Real Estate Securities Portfolio (Class B Shares) (added May 5, 2003)
Xxxxxxx Variable Series II (Class B Shares)
Aggressive Growth Portfolio
Blue Chip Portfolio
Conservative Income Strategy Portfolio (added August 1, 2004)
Xxxxx Venture Value Portfolio
Dreman Financial Services Portfolio
Dreman High Return Equity Portfolio
Dreman Small Cap Value Portfolio
Eagle Focused Large Cap Growth Portfolio
Fixed Income (name changed May 1, 2003; formerly Investment Grade Bond
Portfolio)
Focus Value + Growth Portfolio
Global Blue Chip Portfolio
Government & Agency Securities (name changed May 1, 2004; formerly Government
Securities Portfolio)
Growth & Income Strategy Portfolio (added August 1, 2004)
Growth Portfolio
Growth Strategy Portfolio (added August 1, 2004)
High Income Portfolio
Income & Growth Strategy Portfolio (added August 1, 2004)
Index 500 Portfolio
International Select Equity Portfolio
INVESCO Dynamic Growth Portfolio
Janus Growth and Income Portfolio
Janus Growth Opportunities Portfolio
Large Cap Value Portfolio (name changed May 1, 2004; formerly Contrarian Value
Portfolio)
Mercury Large Cap Core Portfolio (added November 15, 2004)
MFS Strategic Value Portfolio
Money Market Portfolio
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB), Page 5 of 6
Effective September 17, 2001
Amendment 5
SCHEDULE B
INVESTMENT FUNDS
WEALTHMARK & WEALTHMARK ML3 VERSIONS OF VENTURE & VENTURE III
ADDED OCTOBER 7, 2002
Oak Strategic Equity Portfolio
Small Cap Growth Portfolio
Strategic Income (added May 5, 2003)
Technology Growth Portfolio
Xxxxxxxxx Foreign Value Portfolio (added November 15, 2004)
Total Return Portfolio
Xxxxxx MidCap Growth Portfolio
FIXED FUNDS
One Year
DCA Twelve Month
DCA Six Month
Additional Fixed Funds available to Wealthmark contracts with a 7 year CDSC
(since October 7, 2002)
Three Year
Five Year
Seven Year
Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB), Page 6 of 6
Effective September 17, 2001
Amendment 5
AMENDMENT Xx.0 XX
XXXXXXXXX XXXXXXXXXXX XXXXXXXXX Xx. 0000-00XX, DATED SEPTEMBER 17, 2001
between
XXXX XXXXXXX LIFE INSURANCE COMPANY OF NEW YORK
(CEDING COMPANY)
and
AXA CORPORATE SOLUTIONS LIFE REINSURANCE COMPANY
(REINSURER)
Effective as shown below, this Amendment is hereby attached to and becomes a
part of the above-described Reinsurance Agreement. It is mutually agreed that:
SCHEDULE B, INVESTMENT FUNDS, is hereby replaced by the attached revised
Schedule B, to document revisions and additions to the fund offerings as of
the dates shown.
This Amendment does not alter, amend or modify the Reinsurance Agreement other
than as set forth in this Amendment, and it is subject otherwise to all the
terms and conditions of the Reinsurance Agreement together with all Amendments
and supplements thereto.
XXXX XXXXXXX LIFE INSURANCE COMPANY
OF NEW YORK
By: /s/ Yiji X. Xxxxx
--------------------------------- Date: 11/4/05
Yiji X. Xxxxx,
Vice President and CFO
Attest: /s/ illegible
-----------------------------
illegible
Vice President and CFO
AXA CORPORATE SOLUTIONS LIFE
REINSURANCE COMPANY
By: /s/ Xxxxxxx X. Xxxxxxxx Date: 27 June 2005
---------------------------------
Xxxxxxx X. Xxxxxxxx,
Senior Vice President
Attest: /s/ Xxxxx Xxxxxxx
-----------------------------
Xxxxx Xxxxxxx,
Assistant Vice President
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB),
Effective September 17, 2001
Amendment 6
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
American Century Investment Management, Inc.
Small Company Trust (closed to new investors August 1, 2005; added May 3, 2004)
American funds
Blue Chip Income & Growth Trust (added May 5, 2003)
Bond Trust (added August 1, 2005)
Growth Trust (added May 5, 2003)
Growth-Income Trust (added May 5, 2003)
International Trust (added May 5, 2003)
AIM Capital Management, Inc.
All Cap Growth Trust
Mid Cap Core (added May 5, 2003)
Capital Guardian Trust Company ("CGTC")
Income & Value Trust
Overseas Equity Trust (added May 2, 2005)
US Large Cap Trust (name changed May 1, 2003; formerly US Large Cap Value)
Xxxxx Advisors
Financial Services Trust
Fundamental Value Trust
Declaration Management and Research LLC and Xxxx Xxxxxxx Advisers, LLC
Active Bond Trust (added May 2, 2005)
Deutsche Asset Management Investment Services Ltd., "XxXX" (added November 25,
2002)
All Cap Core Trust
Dynamic Growth Trust
Real Estate Securities Trust
Fidelity Management & Research Company ("FMR")
Large Cap Growth Trust
Strategic Opportunities Trust
Franklin Advisers, Inc.
Emerging Small Company Trust
Grantham, Mayo, Van Otterloo & Co. LLC (GMO)
Growth & Income Trust (fund manager changed July 29, 2005, formerly managed by
Wellington)
International Stock Trust (fund manager changed July 29, 2005, formerly managed
by XxXX)
Independence Investment LLC
Small Cap Trust (added May 2, 2005)
Xxxxxxxx Associates LLC
Capital Appreciation Trust
Xxxx Xxxxxxx Advisers, LLC
Strategic Income Trust (added May 3, 2004)
Xxxx Xxxxx Funds Management, Inc.
Core Equity Trust (added May 3, 2004)
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB), Page 1 of 6
Effective September 17, 2001
Amendment 6
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
Lord, Xxxxxx & Co. LLC
All Cap Value Trust (fund manager changed May 1, 2003; formerly managed by
Dreyfus)
Mid Cap Value Trust
MFC Global Investment Management (formerly known as Manufacturers Advisor
Corporation)
500 Index Trust
Emerging Growth (added May 5, 2003)
Lifestyle Aggressive 1000 Trust
Lifestyle Balanced 640 Trust
Lifestyle Conservative 280 Trust
Lifestyle Growth 820 Trust
Lifestyle Moderate 460 Trust
Mid Cap Index Trust
Money Market Trust
Pacific Rim Trust (name changed May 3, 2004; formerly Pacific Rim Emerging
Markets Trust)
Quantitative All Cap (added May 5, 2003)
Quantitative Mid Cap Trust
Quantitative Value Trust (added May 3, 2004)
Small Cap Index Trust
Total Stock Market Index Trust
Xxxxxxx Capital Management, LLC
International Opportunities Trust (added May 2, 2005)
Massachusetts Financial Services Company ("MFS")
Strategic Value (name changed May 1, 2003; formerly Capital Opportunities Trust)
Utilities Trust
Mercury Advisors
Large Cap Value Trust (added May 5, 2003)
Munder Capital Management
Small Cap Opportunities (added May 5, 2003)
Pacific Investment Management Company LLC ("PIMCO")
Global Bond Trust
PIMCO VIT All Asset Portfolio (added May 3, 2004)
Real Return Bond (added May 5, 2003)
Total Return Trust
Pzena Investment Management, LLC
Classic Value Trust (added May 3, 2004)
Salomon Brothers Asset Management Inc. ("SaBAM")
High Yield Trust (fund manager changed May 1, 2003; formerly managed by Xxxxxx
Xxxxx. Xxxx.)
Special Value (added May 5, 2003)
Strategic Bond Trust
US Government Securities Trust
SGAM
Principal Protection Trust A (added October 21, 2002)
State Street Global Advisers ("SSgA")
International Equity Index Trust (added May 2, 2005)
Xxxx Xxxxxxx VST International Index (added May 3, 2004)
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB), Page 2 of 6
Effective September 17, 2001
Amendment 6
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
Sustainable Growth Advisers, LP
U.S. Global Leaders Growth Trust (added May 3, 2004)
X. Xxxx Price
Blue Chip Growth Trust
Equity-Income Trust
Health Sciences Trust
Mid Value Trust (added May 2, 2005)
Science & Technology Trust
Small Company Value Trust
Xxxxxxxxx Global Advisors Limited
Global Trust (name changed May 3, 2004; formerly Global Equity; fund manager
changed December 9, 2003; formerly managed by Xxxxxx Investment Management)
Xxxxxxxxx Investment Counsel, LLC
International Small Cap Trust (fund manager changed May 1, 2003; formerly
managed by Founders)
International Value Trust
UBS Global Asset Management (name changed, formerly Xxxxxxx)
Global Allocation Trust (name changed May 1, 2003; formerly Tactical Allocation
Trust)
Large Cap Trust (added May 2, 2005)
Xxx Xxxxxx Investments
Value Trust (fund manager changed May 1, 2003; formerly managed by Xxxxxx Xxxxx.
Sher.)
Wellington Management Company, LLP
Investment Quality Bond Trust
Mid Cap Stock Trust
Natural Resources (added May 5, 2003)
Small Cap Growth Trust (added May 2, 2005)
Small Cap Value Trust (added May 2, 2005)
Xxxxx Capital Management, Inc.
Core Bond Trust (added May 2, 2005)
U.S. High Yield Bond Trust (added May 2, 2005)
FIXED FUNDS
One Year
DCA Twelve Month
DCA Six Month
Additional Fixed Funds available to Venture contracts with a 7 year CDSC
including those contracts which elect the Payment Enhancement Rider (since
inception of the Agreement)
Three Year
Five Year
Seven Year
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB), Page 3 of 6
Effective September 17, 2001
Amendment 6
SCHEDULE B
INVESTMENT FUNDS
SECTION OF HISTORICAL CHANGES (FUNDS NO LONGER OFFERED)
AIM Capital Management, Inc.
Aggressive Growth Trust (merged April 29, 2005, into Mid Cap Stock Trust -
Wellington)
Capital Guardian Trust Company ("CGTC")
Diversified Bond Trust (merged April 29, 2005, into Active Bond Trust -
Declaration/Xxxx Xxxxxxx)
Small Company Blend Trust (merged April 29, 2005, into Small Cap Opportunities
Trust - Munder)
Xxxxx & Steers (replaced by XxXX November 25, 2002)
Real Estate Securities (see XxXX)
Investco
Telecommunications Trust (merged into Science & Technology Trust May 2, 2003 -
See X. Xxxx Price)
Mid Cap Growth Trust (merged into Dynamic Growth Trust May 2, 2003 - See XxXX)
Fidelity Management & Research Company ("FMR")
Overseas Trust (merged April 29, 2005, into International Value Trust -
Templeton)
Janus (replaced by XxXX November 25, 2002)
Dynamic Growth Trust (see XxXX)
Massachusetts Financial Services Company ("MFS")
Strategic Growth Trust (merged April 29, 2005, into US Global Leaders Growth
Trust - Sustainable Growth Advisors)
MFC Global Investment Management
Quantitative Equity Trust (merged into Income & Value (Capital Guardian)
May 3, 2004}
Balanced Trust (merged into US Large Cap (Capital Guardian) May 3, 2004)
International Index Trust (closed to new money and transfers May 3, 2004)
Xxxxxxx Xxxxx (closed to new business as of February 1, 2002)
ML Basic Value Focus Trust
ML Developing Capital Markets Trust
ML Special Value Focus Trust
Xxxx Price -- Flem. (replaced by XxXX November 25, 2002)
International Stock Trust (see XxXX)
SsgA (replaced by XxXX November 25, 2002)
Growth Trust (name changed to All Cap Core Trust - see XxXX)
Internet Technologies managed by Munder (merged into Science & Technology Trust
May 2, 2003 - See X. Xxxx Price)
Mid Cap Opportunities managed by Xxxxxx (merged into Dynamic Growth Trust May 2,
2003 - See XxXX)
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB), Page 4 of 6
Effective September 17, 2001
Amendment 6
SCHEDULE B
INVESTMENT FUNDS
WEALTHMARK & WEALTHMARK ML3 VERSIONS OF VENTURE & VENTURE III
ADDED OCTOBER 7, 2002
VARIABLE FUNDS
Xxxxx American Fund (Class S Shares)
Balanced Portfolio
Leveraged AllCap Portfolio
Credit Suisse Trust
Emerging Markets Portfolio
Global Post-Venture Capital Portfolio
Dreyfus Investment Portfolio (Service Class
MidCap Stock Portfolio
Socially Responsible Growth Fund, Inc.
INVESCO Variable Investment Funds, Inc.
Utilities Fund Portfolio
Xxxxxxx Variable Series I (Class B Shares)
Capital Growth Portfolio
Global Discovery Portfolio
Growth and Income Portfolio
Health Sciences Portfolio
International Portfolio
Xxxxxxx Real Estate Securities Portfolio (Class B Shares) (added May 5, 2003)
Xxxxxxx Variable Series II (Class B Shares)
Aggressive Growth Portfolio
Blue Chip Portfolio
Bond Portfolio (added May 2, 2005)
Conservative Income Strategy Portfolio (added August 1, 2004)
Xxxxx Venture Value Portfolio
Dreman Financial Services Portfolio
Dreman High Return Equity Portfolio
Dreman Small Cap Value Portfolio
Fixed Income (name changed May 1, 2003; formerly Investment Grade Bond
Portfolio)
Global Blue Chip Portfolio
Government & Agency Securities (name changed May 1, 2004; formerly Government
Securities Portfolio)
Growth & Income Strategy Portfolio (added August 1, 2004)
Growth Strategy Portfolio (added August 1, 2004)
High Income Portfolio
Income & Growth Strategy Portfolio (added August 1, 2004)
Index 500 Portfolio
International Select Equity Portfolio
SBAM Dynamic Growth Portfolio (fund manager changed August 1, 2005; formerly
managed by INVESCO)
Janus Growth and Income Portfolio
Janus Growth Opportunities Portfolio
Large Cap Value Portfolio (name changed May 1, 2004; formerly Contrarian Value
Portfolio)
Mercury Large Cap Core Portfolio (added November 15, 2004)
MFS Strategic Value Portfolio
Money Market Portfolio
Oak Strategic Equity Portfolio
Small Cap Growth Portfolio
Strategic Income (added May 5, 2003)
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB), Page 5 of 6
Effective September 17, 2001
Amendment 6
SCHEDULE B
INVESTMENT FUNDS
WEALTHMARK & WEALTHMARK ML3 VERSIONS OF VENTURE & VENTURE III
ADDED OCTOBER 7, 2002
Technology Growth Portfolio
Xxxxxxxxx Foreign Value Portfolio (added November 15, 2004)
Total Return Portfolio
Xxxxxx XxxXxx Growth Portfolio
FIXED FUNDS
One Year
DCA Twelve Month
DCA Six Month
Additional Fixed Funds available to Wealthmark contracts with a 7 year CDSC
(since October 7, 2002)
Three Year
Five Year
Seven Year
SECTION OF HISTORICAL CHANGES (FUNDS NO LONGER OFFERED)
Xxxxxxx Variable Series I (Class B Shares)
21(st) Century Growth Portfolio (merged April 29, 2005, into Xxxxxxx Small Cap
Growth)
Xxxxxxx Variable Series II (Class B Shares)
Focus Value + Growth Portfolio (merged April 29, 2005, into Xxxxxxx Growth &
Income)
Growth Portfolio (merged April 29, 2005, into Xxxxxxx Capital Growth)
Eagle Focused Large Cap Growth Portfolio (merged April 29, 2005, into Xxxxxxx
Capital Growth)
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB), Page 6 of 6
Effective September 17, 2001
Amendment 6
AMENDMENT Xx. 0 XX
XXXXXXXXX XXXXXXXXXXX XXXXXXXXX XX. 0000-00XX, DATED SEPTEMBER 17, 2001
between
XXXX XXXXXXX LIFE INSURANCE COMPANY OF NEW YORK
(CEDING COMPANY)
and
AXA CORPORATE SOLUTIONS LIFE REINSURANCE COMPANY
(REINSURER)
Effective as shown below, this Amendment is hereby attached to and becomes a
part of the above-described Reinsurance Agreement. It is mutually agreed that:
SCHEDULE B, INVESTMENT FUNDS, is hereby replaced by the attached revised
Schedule B. to document revisions and additions to the fund offerings as of
the dates shown.
This Amendment does not alter, amend or modify the Reinsurance Agreement other
than as set forth in this Amendment, and it is subject otherwise to all the
terms and conditions of the Reinsurance Agreement together with all Amendments
and supplements thereto.
XXXX XXXXXXX LIFE INSURANCE COMPANY
OF NEW YORK
By: /s/ Yiji X. Xxxxx Date: 12/20/06
---------------------------------
Yiji X. Xxxxx,
Vice President and CFO
Attest: Xxxxxxx Xxxx
-----------------------------
Xxxxxxx Xxxx,
Vice President
AXA CORPORATE SOLUTIONS LIFE
REINSURANCE COMPANY
By: /s/ Xxxxx X. Xxxxxx Date: 11/6/2006
---------------------------------
Xxxxx X. Xxxxxx,
Vice President & Actuary
Attest: /s/ Xxxxx Xxxxxxx
-----------------------------
Xxxxx Xxxxxxx,
Assistant Vice President
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB),
Effective September 17, 2001
Amendment 7
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
AIM Capital Management, Inc.
All Cap Growth Trust
Mid Cap Core (added May 5, 2003)
American Century Investment Management, Inc.
Small Company Trust (closed to new investors August 1, 2005; added May 3, 2004)
American Funds
Blue Chip Income & Growth Trust (added May 5, 2003)
Bond Trust (added August 1,2005)
Growth Trust (added May 5, 2003)
Growth-Income Trust (added May 5, 2003)
International Trust (added May 5, 2003)
Capital Guardian Trust Company ("CGTC")
Income & Value Trust
Overseas Equity Trust (added May 2, 2005)
US Large Cap Trust (name changed May 1, 2003; formerly US Large Cap Value)
Xxxxx Advisers
Financial Services Trust
Fundamental Value Trust
Deutsche Asset Management Investment Services Ltd., "XxXX" (added November 25,
2002)
All Cap Core Trust
Dynamic Growth Trust
Real Estate Securities Trust
Fidelity Management & Research Company ("FMR")
Strategic Opportunities Trust
Grantham, Mayo, Van Otterloo & Co. LLC (GMO)
U.S. Core Trust (name changed May 1, 2006; formerly Growth & Income Trust; fund
manager changed July 29, 2005, formerly managed by Wellington)
International Core Trust (name changed May 1, 2006; formerly International Stock
Trust; fund manager changed July 29, 2005, formerly managed by XxXX)
Independence Investment LLC
Small Cap Trust (added May 2, 2005)
Xxxxxxxx Associates LLC
Capital Appreciation Trust
Xxxx Xxxxx Funds Management, Inc.
Core Equity Trust (added May 3, 2004)
Lord. Xxxxxx & Co. LLC
All Cap Value Trust (fund manager changed May 1, 2003; formerly managed by
Dreyfus)
Mid Cap Value Trust
Xxxxxxx Capital Management, LLC
International Opportunities Trust (added May 2, 2005)
Massachusetts Financial Services Company ("MFS")
Strategic Value (name changed May 1, 2003; formerly Capital Opportunities Trust)
Utilities Trust
Mercury Advisors
Large Cap Value Trust (added May 5, 2003)
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB), Page 1 of 6
Effective September 17, 2001
Amendment 7
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
MFC Global Investment Management (formerly known as Manufacturers Advisor
Corporation)
500 Index Trust
Index Allocation Trust (added February 13, 2006)
Lifestyle Aggressive Trust
Lifestyle Balanced Trust
Lifestyle Conservative Trust
Lifestyle Growth Trust
Lifestyle Moderate Trust
Mid Cap Index Trust
Money Market Trust
Pacific Rim Trust (name changed May 3, 2004; formerly Pacific Rim Emerging
Markets Trust)
Quantitative All Cap (added May 5, 2003)
Quantitative Mid Cap Trust
Quantitative Value Trust (added May 3, 2004)
Small Cap Index Trust
Total Stock Market Index Trust
Munder Capital Management
Small Cap Opportunities (added May 5, 2003)
Pacific Investment Management Company LLC ("PIMCO")
Global Bond Trust
PIMCO VIT All Asset Portfolio (added May 3, 2004)
Real Return Bond (added May 5, 2003)
Total Return Trust
Pzena Investment Management, LLC
Classic Value Trust (added May 3, 2004)
RCM Capital Management, LLC (subadviser change May 1, 2006 from Franklin
Advisers. Inc.)
Emerging Small Company Trust
SGAM
Principal Protection Trust A (added October 21,2002)
Sovereign Asset Management LLC (subadviser name change January, 2006 from Xxxx
Xxxxxxx Advisors)
Active Bond Trust (also sub-advised by Declaration Management & Research LLC)
Emerging Growth Trust (subadviser change May 1, 2006 from MFC Global)
Strategic Income Trust
State Street Global Advisers ("SSgA")
International Equity Index Trust (added May 2, 2005)
Xxxx Xxxxxxx VST International Index (added May 3, 2004)
Sustainable Growth Advisers, LP
U.S. Global Leaders Growth Trust (added May 3, 2004)
X. Xxxx Price
Blue Chip Growth Trust
Equity-Income Trust
Health Sciences Trust
Mid Value Trust (added May 2, 2005)
Science & Technology Trust
Small Company Value Trust
Xxxxxxxxx Global Advisors Limited
Global Trust (name changed May 3, 2004; formerly Global Equity; fund manager
changed December 9, 2003; formerly managed by Xxxxxx Investment Management)
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB), Page 2 of 6
Effective September 17, 2001
Amendment 7
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
Xxxxxxxxx Investment Counsel, LLC
International Small Cap Trust (fund manager changed May 1, 2003; formerly
managed by Founders)
International Value Trust
UBS Global Asset Management (name changed formerly Xxxxxxx)
Global Allocation Trust (name changed May 1, 2003; formerly Tactical Allocation
Trust)
Large Cap Trust (added May 2, 2005)
Xxx Xxxxxx Investments
Value Trust (fund manager changed May 1, 2003; formerly managed by Xxxxxx Xxxxx.
Xxxx.)
Wellington Management Company, LLP
Investment Quality Bond Trust
Mid Cap Stock Trust
Natural Resources (added May 5, 2003)
Small Cap Growth Trust (added May 2, 2005)
Small Cap Value Trust (added May 2, 2005)
Xxxxx Capital Management, Inc.
Core Bond Trust (added May 2, 2005)
U.S. High Yield Bond Trust (added May 2, 2005)
Western Asset Management Co. (subadviser change May 1, 2006 from Salomon
Brothers Asset Management Inc. ("SaBAM"))
High Yield Trust (fund manager changed May 1, 2003; formerly managed by Xxxxxx
Xxxxx. Xxxx.)
Special Value Trust (added May 5, 2003)
Strategic Bond Trust
US Government Securities Trust
FIXED FUNDS
One Year
DCA Twelve Month
DCA Six Month
Additional Fixed Funds available to Venture contracts with a 7 year CDSC
including those contracts which elect the Payment Enhancement Rider (since
inception of the Agreement)
Three Year
Five Year
Seven Year
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB), Page 3 of 6
Effective September 17, 2001
Amendment 7
SCHEDULE B
INVESTMENT FUNDS
SECTION OF HISTORICAL CHANGES (FUNDS NO LONQER OFFERED)
AIM Capital Management, Inc.
Aggressive Growth Trust (merged April 29, 2005, into Mid Cap Stock Trust -
Wellington)
Capital Guardian Trust Company ("CGTC")
Diversified Bond Trust (merged April 29, 2005, into Active Bond Trust -
Declaration/Xxxx Xxxxxxx)
Small Company Blend Trust (merged April 29, 2005, into Small Cap Opportunities
Trust - Munder)
Xxxxx & Steers (replaced by XxXX November 25, 2002)
Real Estate Securities (see XxXX)
Investco
Telecommunications Trust (merged into Science & Technology Trust May 2, 2003 -
See X. Xxxx Price)
Mid Cap Growth Trust (merged into Dynamic Growth Trust May 2, 2003 - See XxXX)
Fidelity Management & Research Company {"FMR")
Large Cap Growth Trust (merged May 1, 2006, into Capital Appreciation managed by
Xxxxxxxx)
Overseas Trust (merged April 29, 2005, into International Value Trust -
Templeton)
Xxxxx (replaced by XxXX November 25, 2002)
Dynamic Growth Trust (see XxXX)
Massachusetts Financial Services Company ("MFS")
Strategic Growth Trust (merged April 29, 2005, into US Global Leaders Growth
Trust- Sustainable Growth Advisors)
MFC Global Investment Management
Balanced Trust (merged into US Large Cap (Capital Guardian) May 3, 2004)
Quantitative Equity Trust (merged into Income & Value (Capital Guardian)
May 3, 2004)
International Index Trust (closed to new money and transfers May 3, 2004)
Xxxxxxx Xxxxx (closed to new business as of February 1, 2002)
ML Basic Value Focus Trust
ML Developing Capital Markets Trust
ML Special Value Focus Trust
Xxxx Price -- Flem. (replaced by XxXX November 25, 2002)
International Stock Trust (see XxXX)
SsgA (replaced by XxXX November 25, 2002)
Growth Trust (name changed to All Cap Core Trust - see XxXX)
Internet Technologies managed by Munder (merged into Science & Technology Trust
May 2, 2003 - See X. Xxxx Price)
Mid Cap Opportunities managed by Xxxxxx (merged into Dynamic Growth Trust
May 2, 2003 - See XxXX)
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB), Page 4 of 6
Effective September 17, 2001
Amendment 7
SCHEDULE B
INVESTMENT FUNDS
WEALTHMARK & WEALTHMARK ML3 VERSIONS OF VENTURE & VENTURE III
ADDED OCTOBER 7, 2002
VARIABLE FUNDS
AIM Variable Insurance Funds (formerly INVESCO Variable Investment Funds, Inc.)
Utilities Fund Portfolio
Xxxxx American Fund (Class S Shares)
Balanced Portfolio
Leveraged AllCap Portfolio
Credit Suisse Trust
Emerging Markets Portfolio
Global Small Cap Portfolio (name changed February 21, 2005; formerly Global
Post-Venture Capital Portfolio)
Dreyfus Investment Portfolio (Service Class
MidCap Stock Portfolio
Socially Responsible Growth Fund, Inc.
DWS Investments VIT Funds Trust
DWS Equity 500 Index VIP
DWS RREEF Real Estate Securities VIP (name changed May 1, 2006; formerly Xxxxxxx
Real Estate Securities Portfolio (Class B Shares}; added May 5, 2003)
DWS Variable Series I (name changed May 1, 2006; formerly Xxxxxxx Variable
Series I (Class B Shares) Note: DWS also added to fund names)
DWS Bond VIP (added May 2, 2005)
DWS Capital Growth VIP
DWS Global Opportunities VIP (name changed May 1, 2006; formerly Global
Discovery Portfolio)
DWS Growth and Income VIP
DWS Health Care VIP (name changed May 1, 2006; formerly Health Sciences
Portfolio)
DWS International VIP
DWS Variable Series II (name changed May 1, 2006: formerly Xxxxxxx Variable
Series II (Class B Shares) Note: DWS also added to fund names)
DWS Balanced VIP (name changed May 1, 2006; formerly Total Return Portfolio)
DWS Blue Chip VIP
DWS Conservative Allocation VIP (name changed May 1, 2006; formerly Income &
Growth Strategy Portfolio; added August 1, 2004)
DWS Core Fixed Income VIP (name changed May 1, 2006; formerly Fixed Income; name
changed May 1, 2003; formerly Investment Grade Bond Portfolio)
DWS Xxxxx Venture Value VIP
DWS Dreman Financial Services VIP
DWS Dreman High Return Equity VIP
DWS Dreman Small Cap Value VIP
DWS Global Thematic VIP (name changed May 1, 2006; formerly Global Blue Chip
Portfolio)
DWS Government & Agency Securities VIP (name changed May 1, 2004; formerly
Government Securities Portfolio)
DWS Growth Allocation VIP (name changed May 1, 2006; formerly Growth Strategy
Portfolio; added August 1, 2004)
DWS High Income VIP
DWS Income Allocation VIP(name changed May 1, 2006; formerly Conservative Income
Strategy Portfolio; added August 1, 2004)
DWS International Select Equity VIP
DWS Janus Growth and Income VIP
DWS Janus Growth Opportunities VIP
DWS Large Cap Value VIP (name changed May 1, 2004; formerly Contrarian Value
Portfolio)
DWS Mercury large Cap Core VIP (added November 15, 2004)
DWS MFS Strategic Value VIP
DWS Mid Cap Growth VIP
DWS Moderate Allocation VIP (name changed May 1, 2006; formerly Growth & Income
Strategy Portfolio; added August 1, 2004)
DWS Money Market VIP
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB), Page 5 of 6
Effective September 17, 2001
Amendment 7
SCHEDULE B
INVESTMENT FUNDS
WEALTHMARK & WEALTHMARK ML3 VERSIONS OF VENTURE & VENTURE III
ADDED OCTOBER 7, 0000
XXX Xxx Strategic Equity VIP
DWS SBAM Dynamic Growth VIP (fund manager changed August 1, 2005; formerly
managed by INVESCO)
DWS Small Cap Growth VIP
DWS Strategic Income VIP (added May 5, 2003)
DWS Technology VIP (name changed May 1, 2006; formerly Technology Growth
Portfolio)
DWS Xxxxxxxxx Foreign Value VIP (added November 15, 2004)
DWS Xxxxxx XxxXxx Growth VIP
Xxxx Xxxxxxx Trust (added May 1, 2006)
Lifestyle Aggressive
Lifestyle Balanced
Lifestyle Conservative
Lifestyle Growth
Lifestyle Moderate
FIXED FUNDS
One Year
DCA Twelve Month
DCA Six Month
Additional Fixed Funds available to Wealthmark contracts with a 7 year CDSC
(since October 7, 2002)
Three Year
Five Year
Seven Year
SECTION OF HISTORICAL CHANGES (FUNDS NO LONGER OFFERED)
Xxxxxxx Variable Series I (Class B Shares)
21(st) Century Growth Portfolio (merged April 29, 2005, into Xxxxxxx Small Cap
Growth)
Xxxxxxx Variable Series II (Class B Shares)
Focus Value+Growth Portfolio (merged April 29, 2005, into Xxxxxxx Growth &
Income)
Growth Portfolio (merged April 29, 2005, into Xxxxxxx Capital Growth)
Eagle Focused Large Cap Growth Portfolio (merged April 29, 2005, into Xxxxxxx
Capital Growth)
Xxxx Xxxxx Aggressive Growth Portfolio (proposed to merge into DWS Capital
Growth December 8, 2006)
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB), Page 6 of 6
Effective September 17, 2001
Amendment 7
AMENDMENT Xx. 0 XX
XXXXXXXXX XXXXXXXXXXX XXXXXXXXX XX. 0000-00XX, DATED SEPTEMBER 17, 2001
between
XXXX XXXXXXX LIFE INSURANCE COMPANY OF NEW YORK
(CEDING COMPANY)
and
AXA CORPORATE SOLUTIONS LIFE REINSURANCE COMPANY
(REINSURER)
Effective as shown below, this Amendment is hereby attached to and becomes a
part of the above-described Reinsurance Agreement. It is mutually agreed that:
SCHEDULE B, INVESTMENT FUNDS, is hereby replaced by the attached revised
Schedule B, to document revisions and additions to the fund offerings as of
the dates shown.
This Amendment does not alter, amend or modify the Reinsurance Agreement other
than as set forth in this Amendment, and it is subject otherwise to all the
terms and conditions of the Reinsurance Agreement together with all Amendments
and supplements thereto.
XXXX XXXXXXX LIFE INSURANCE COMPANY
OF NEW YORK
By: /s/ Yiji X. Xxxxx Date: 11/9/07
---------------------------------
Yiji X. Xxxxx,
Vice President and CFO
Attest: /s/ Xxxxxxx Xxxx
-----------------------------
Xxxxxxx Xxxx,
Vice President
AXA CORPORATE SOLUTIONS LIFE
REINSURANCE COMPANY
By: /s/ Xxxxx X. Xxxxxx Date: 4/9/07
---------------------------------
Xxxxx X. Xxxxxx,
Senior Vice President & Actuary
Attest: /s/ Xxxxx Xxxxxxx
-----------------------------
Xxxxx Xxxxxxx,
Assistant Vice President
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB),
Effective September 17, 2001
Amendment 8
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
AIM Capital Management, Inc.
All Cap Growth Trust
American Century Investment Management, Inc.
Small Company Trust (closed to new investors August 1, 2005; added May 3, 2004)
American Funds
Blue Chip Income & Growth Trust (added May 5, 2003)
Bond Trust (added August 1, 2005)
Growth Trust (added May 5, 2003)
Growth-Income Trust (added May 5, 2003)
International Trust (added May 5, 2003)
BlackRock (name changed September 30, 2006: formerly Mercury Advisors)
Large Cap Value Trust (added May 5, 2003)
Capital Guardian Trust Company ("CGTC")
Income & Value Trust
Overseas Equity Trust (added May 2, 2005)
US Large Cap Trust (name changed May 1, 2003; formerly US Large Cap Value)
Clearbridge Advisors, LLC (name changed December 1, 2006; formerly Western Asset
Management Co.; subadviser change May 1, 2006 from Salomon Brothers Asset
Management Inc. ("SaBAM"))
High Yield Trust (fund manager changed May 1, 2003; formerly managed by Xxxxxx
Xxxxx. Xxxx.)
Special Value Trust (added May 5, 2003)
Strategic Bond Trust
US Government Securities Trust
Xxxxx Advisers
Financial Services Trust
Fundamental Value Trust
Deutsche Asset Management Investment Services Ltd., "XxXX" (added November 25,
2002)
All Cap Core Trust
Dynamic Growth Trust
Real Estate Securities Trust
Fidelity Management & Research Company ("FMR")
Strategic Opportunities Trust
Grantham, Mayo, Van Otterloo & Co. LLC (GMO)
U.S. Core Trust (name changed May 1, 2006; formerly Growth & Income Trust; fund
manager changed July 29, 2005, formerly managed by Wellington)
International Core Trust (name changed May 1, 2006; formerly International Stock
Trust; fund manager changed July 29, 2005, formerly managed by XxXX)
Independence Investment LLC
Small Cap Trust (added May 2, 2005)
Xxxxxxxx Associates LLC
Capital Appreciation Trust
Xxxx Xxxxx Funds Management, Inc.
Core Equity Trust (added May 3, 2004)
Lord, Xxxxxx & Co. LLC
All Cap Value Trust (fund manager changed May 1, 2003; formerly managed by
Dreyfus)
Mid Cap Value Trust
Xxxxxxx Capital Management, LLC
International Opportunities Trust (added May 2, 2005)
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB), Page 1 of 6
Effective September 17, 2001
Amendment 8
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
Massachusetts Financial Services Company ("MFS")
Utilities Trust
MFC Global Investment Management (formerly known as Manufacturers Advisor
Corporation)
500 Index Trust
Active Bond Trust (Fund Manager changed December 1, 2006, from Sovereign Asset
Management; was also sub-advised by Declaration Management & Research LLC)
Emerging Growth Trust (Fund Manager changed December 1, 2006, from Sovereign
Asset Management; subadviser change May 1, 2006 from MFC Global)
Index Allocation Trust (added February 13, 2006)
Lifestyle Aggressive Trust
Lifestyle Balanced Trust
Lifestyle Conservative Trust
Lifestyle Growth Trust
Lifestyle Moderate Trust
Mid Cap Index Trust
Money Market Trust
Pacific Rim Trust (name changed May 3, 2004; formerly Pacific Rim Emerging
Markets Trust)
Quantitative All Cap (added May 5, 2003)
Quantitative Mid Cap Trust
Quantitative Value Trust (added May 3, 2004)
Small Cap Index Trust
Strategic Income Trust (Fund Manager changed December 1, 2006, from Sovereign
Asset Management)
Total Stock Market Index Trust
Munder Capital Management
Small Cap Opportunities (added May 5, 2003)
Pacific Investment Management Company LLC ("PIMCO")
Global Bond Trust
PIMCO VIT All Asset Portfolio (added May 3, 2004)
Real Return Bond (added May 5, 2003)
Total Return Trust
Pzena Investment Management, LLC
Classic Value Trust (added May 3, 2004)
RCM Capital Management, LLC (subadviser change May 1, 2006 from Franklin
Advisers, Inc.)
Emerging Small Company Trust
SGAM
Principal Protection Trust A (added October 21, 2002)
State Street Global Advisers ("SSgA")
International Equity Index Trust (added May 2, 2005)
Xxxx Xxxxxxx VST International Index (added May 3, 2004)
Sustainable Growth Advisers, LP
U.S. Global Leaders Growth Trust (added May 3, 2004)
X. Xxxx Price
Blue Chip Growth Trust
Equity-Income Trust
Health Sciences Trust
Mid Value Trust (added May 2, 2005)
Small Company Value Trust
X. Xxxx Price/RCM Capital Management (RCM co-manager as of December 1, 2006)
Science & Technology Trust
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB), Page 2 of 6
Effective September 17, 2001
Amendment 8
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
Xxxxxxxxx Global Advisors Limited
Global Trust (name changed May 3, 2004; formerly Global Equity; fund manager
changed December 9, 2003; formerly managed by Xxxxxx Investment Management)
Xxxxxxxxx Investment Counsel, LLC
International Small Cap Trust (fund manager changed May 1, 2003; formerly
managed by Founders)
International Value Trust
UBS Global Asset Management (name changed, formerly Xxxxxxx)
Global Allocation Trust (name changed May 1, 2003; formerly Tactical Allocation
Trust)
Large Cap Trust (added May 2, 2005)
Xxx Xxxxxx Investments
Value Trust (fund manager changed May 1, 2003; formerly managed by Xxxxxx
Xxxxx. Xxxx.)
Wellington Management Company, LLP
Investment Quality Bond Trust
Mid Cap Stock Trust
Natural Resources (added May 5, 2003)
Small Cap Growth Trust (added May 2, 2005)
Small Cap Value Trust (added May 2, 2005)
Xxxxx Capital Management, Inc.
Core Bond Trust (added May 2, 2005)
U.S. High Yield Bond Trust (added May 2, 2005)
FIXED FUNDS
One Year
DCA Twelve Month
DCA Six Month
Additional Fixed Funds available to Venture contracts with a 7 year CDSC
including those contracts which elect the Payment Enhancement Rider (since
inception of the Agreement)
Three Year
Five Year
Seven Year
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB), Page 3 of 6
Effective September 17, 2001
Amendment 8
SCHEDULE B
INVESTMENT FUNDS
SECTION OF HISTORICAL CHANGES (FUNDS NO LONGER OFFERED)
AIM Capital Management, Inc.
Aggressive Growth Trust (merged April 29, 2005, into Mid Cap Stock Trust -
Wellington)
Mid Cap Core (merged December 1, 2006, into MFC Mid Cap Index; added May 5,
2003)
Capital Guardian Trust Company ("CGTC")
Diversified Bond Trust (merged April 29, 2005, into Active Bond Trust -
Declaration/Xxxx Xxxxxxx)
Small Company Blend Trust (merged April 29, 2005, into Small Cap Opportunities
Trust- Munder)
Xxxxx & Steers (replaced by XxXX November 25, 2002)
Rear Estate Securities (see XxXX)
Investco
Telecommunications Trust (merged into Science & Technology Trust May 2, 2003 -
See X. Xxxx Price)
Mid Cap Growth Trust (merged into Dynamic Growth Trust May 2, 2003 - See XxXX)
Fidelity Management & Research Company ("FMR")
Large Cap Growth Trust (merged May 1, 2006, into Capital Appreciation managed by
Xxxxxxxx)
Overseas Trust (merged April 29, 2005, into International Value Trust -
Templeton)
Xxxxx (replaced by XxXX November 25, 2002)
Dynamic Growth Trust (see XxXX)
Massachusetts Financial Services Company ("MFS")
Strategic Growth Trust (merged April 29, 2005, into US Global leaders Growth
Trust - Sustainable Growth Advisors)
Strategic Value (merged December 1, 2006, into Black Rock Large Cap Value Trust;
name changed May 1, 2003; formerly Capital Opportunities Trust)
MFC Global Investment Management
Balanced Trust (merged into US Large Cap (Capital Guardian) May 3, 2004)
Quantitative Equity Trust (merged into Income & Value (Capital Guardian) May 3,
2004)
International Index Trust (closed to new money and transfers May 3, 2004)
Xxxxxxx Xxxxx (closed to new business as of February 1, 2002)
ML Basic Value Focus Trust
ML Developing Capital Markets Trust
ML Special Value Focus Trust
Xxxx Price - Flem. (replaced by XxXX November 25, 2002)
International Stock Trust (see XxXX)
SsgA (replaced by XxXX November 25, 2002)
Growth Trust (name changed to All Cap Core Trust - see XxXX)
Internet Technologies managed by Munder (merged into Science & Technology Trust
May 2, 2003 - See X. Xxxx Price)
Mid Cap Opportunities managed by Xxxxxx (merged into Dynamic Growth Trust May 2,
2003 - See XxXX)
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB), Page 4 of 6
Effective September 17, 2001
Amendment 8
SCHEDULE B
INVESTMENT FUNDS
WEALTHMARK & WEALTHMARK ML3 VERSIONS OF VENTURE & VENTURE III
ADDED OCTOBER 7, 2002
VARIABLE FUNDS
AIM Variable Insurance Funds (formerly INVESCO Variable Investment Funds. Inc.)
Utilities Fund Portfolio
Xxxxx American Fund (Class S Shares)
Balanced Portfolio
leveraged AllCap Portfolio
Credit Suisse Trust
Emerging Markets Portfolio
Global Small Cap Portfolio (name changed February 21, 2005; formerly Global
Post-Venture Capital Portfolio)
Dreyfus Investment Portfolio (Service Class
MidCap Stock Portfolio
Socially Responsible Growth Fund, Inc.
DWS Investments VIT Funds Trust
DWS Equity 500 Index VIP
DWS RREEF Real Estate Securities VIP (name changed May 1, 2006; formerly Xxxxxxx
Real Estate Securities Portfolio (Class B Shares); added May 5, 2003)
DWS Variable Series I (name changed May 1, 2006; formerly Xxxxxxx Variable
Series I (Class B Shares) Note: DWS also added to fund names}
DWS Bond VIP (added May 2, 2005)
DWS Capital Growth VIP
DWS Global Opportunities VIP (name changed May 1, 2006; formerly Global
Discovery Portfolio)
DWS Growth and Income VIP
DWS Health Care VIP (name changed May 1, 2006; formerly Health Sciences
Portfolio)
DWS International VIP
DWS Variable Series II (name changed May 1, 2006; formerly Xxxxxxx Variable
Series II (Class B Shares) Note: DWS also added to fund names)
DWS Balanced VIP (name changed May 1, 2006; formerly Total Return Portfolio)
DWS Blue Chip VIP
DWS Conservative Allocation VIP (name changed May 1, 2006; formerly Income &
Growth Strategy Portfolio; added August 1, 2004)
DWS Core Fixed Income VIP (name changed May 1, 2006; formerly Fixed Income; name
changed May 1, 2003; formerly Investment Grade Bond Portfolio)
DWS Xxxxx Venture Value VIP
DWS Dreman Financial Services VIP
DWS Dreman High Return Equity VIP
DWS Dreman Small Mid Cap Value VIP (name changed December 8, 2006; formerly DWS
Dreman Small Cap Value VIP)
DWS Global Thematic VIP (name changed May 1, 2006; formerly Global Blue Chip
Portfolio)
DWS Government & Agency Securities VIP (name changed May 1, 2004; formerly
Government Securities Portfolio)
DWS Growth Allocation VIP (name changed May 1, 2006; formerly Growth Strategy
Portfolio; added August 1, 2004)
DWS High Income VIP
DWS Income Allocation VIP (name changed May 1, 2006; formerly Conservative
Income Strategy Portfolio; added August 1, 2004)
DWS International Select Equity VIP
DWS Janus Growth and Income VIP
DWS large Cap Value VIP (name changed May 1, 2004; formerly Contrarian Value
Portfolio)
DWS MFS Strategic Value VIP
DWS Mid Cap Growth VIP
DWS Moderate Allocation VIP (name changed May 1, 2006; formerly Growth & Income
Strategy Portfolio; added August 1, 2004)
DWS Money Market VIP
DWS SBAM Dynamic Growth V1P(fund manager changed August 1, 2005; formerly
managed by INVESCO)
DWS Small Cao Growth VIP
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB), Page 5 of 6
Effective September 17, 2001
Amendment 8
SCHEDULE B
INVESTMENT FUNDS
WEALTHMARK & WEALTHMARK ML3 VERSIONS OF VENTURE & VENTURE III
ADDED OCTOBER 7, 2002
DWS Strategic Income VIP (added May 5, 2003)
DWS Technology VIP (name changed May 1, 2006; formerly Technology Growth
Portfolio)
DWS Xxxxxx MidCap Growth VIP
Xxxx Xxxxxxx Trust (added May 1, 2006)
Lifestyle Aggressive
Lifestyle Balanced
Lifestyle Conservative
Lifestyle Growth
Lifestyle Moderate
FIXED FUNDS
One Year
DCA Twelve Month
DCA Six Month
Additional Fixed Funds available to Wealthmark contracts with a 7 year CDSC
(since October 7, 2002)
Three Year
Five Year
Seven Year
SECTION OF HISTORICAL CHANGES (FUNDS NO LONGER OFFERED)
Xxxxxxx Variable Series (Class B Shares)
21(st) Century Growth Portfolio (merged April 29, 2005, into Xxxxxxx Small Cap
Growth)
DWS (formerly Xxxxxxx Variable Series II (Class B Shares)
Focus Value+Growth Portfolio (merged April 29, 2005, into Xxxxxxx Growth &
Income)
Growth Portfolio (merged April 29, 2005, into Xxxxxxx Capital Growth)
Eagle Focused large Cap Growth Portfolio (merged April 29, 2005, into Xxxxxxx
Capital Growth)
xxxx Xxxxx Aggressive Growth Portfolio (merged December 8, 2006 into DWS Capital
Growth)
DWS Janus Growth Opportunities VIP (merged December 8, 2006 into DWS Capital
Growth VIP)
DWS Mercury large Cap Core VIP (merged December 8, 2006 into DWS Growth & Income
VIP; added November 15, 2004)
DWS Oak Strategic Equity VIP (merged December 8, 2006 into DWS Capital Growth
VIP)
DWS Xxxxxxxxx Foreign Value VIP (merged December 8, 2006 into DWS International
VIP; added November 15, 2004)
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB), Page 6 of 6
Effective September 17, 2001
Amendment 8
AMENDMENT Xx. 0 XX
XXXXXXXXX XXXXXXXXXXX XXXXXXXXX Xx. 0000-00XX, DATED SEPTEMBER 17, 2001
between
XXXX XXXXXXX LIFE INSURANCE COMPANY OF NEW YORK
(CEDING COMPANY)
and
AXA CORPORATE SOLUTIONS LIFE REINSURANCE COMPANY
(REINSURER)
Effective as shown below this Amendment is hereby attached to and becomes a part
of the above-described Reinsurance Agreement. It is mutually agreed that:
SCHEDULE B, INVESTMENT FUNDS, is hereby replaced by the attached revised
Schedule B, to document revisions and additions to the fund offerings as of
the dates shown
This Amendment does not alter, amend or modify the Reinsurance Agreement other
than as set forth in this Amendment, and it is subject otherwise to all the
terms and conditions of the Reinsurance Agreement together with all Amendments
and supplements thereto
XXXX XXXXXXX LIFE INSURANCE
COMPANY OF NEW YORK
By: /s/ Yiji X. Xxxxx Date: 3/16/09
---------------------------------
Yiji X. Xxxxx,
Vice President and CFO
Attest: /s/ Xxxxxxx Xxxx
-----------------------------
Xxxxxxx Xxxx,
Vice President
AXA CORPORATE SOLUTIONS LIFE
REINSURANCE COMPANY
By: /s/ Xxxxx X. Xxxxxx Date: 11-13-08
---------------------------------
Xxxxx X. Xxxxxx,
Senior Vice President & Actuary
Attest: /s/ Xxxxx Xxxxxxx
-----------------------------
Xxxxx Xxxxxxx,
Assistant Vice President
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB),
Effective September 17, 2001
Amendment 9
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
AIM Capital Management, Inc.
All Cap Growth Trust
American Century investment Management. Inc.
Small Company Trust (closed to new investors August 1, 2005; added May 3, 2004)
American Funds
Asset Allocation Trust (added May 1, 2007)
Blue Chip Income & Growth Trust (added May 5, 2003)
Bond Trust (added August 1, 2005)
Global Growth Trust (added May 1, 2007)
Global Small Cap Trust (added May 1, 2007)
Growth Trust (added May 5, 2003)
Growth-Income Trust (added May 5, 2003)
High Income Trust (added May 1, 2007)
International Trust (added May 5, 2003)
New World Trust (added May 1, 2007)
BlackRock (name changed September 30, 2006; formerly Mercury Advisors;
Large Cap Value Trust (added May 5, 2003)
Capital Guardian Trust Company ("CGTC")
Income & Value Trust
Overseas Equity Trust (added May 2, 2005)
US Large Cap Trust (name changed May 1, 2003; formerly US Large Cap Value)
Clearbridge Advisors, LLC (name changed December 1, 2006, formerly Western Asset
Management Co. subadviser change May 1, 2006 from Salomon Brothers Asset
Management Inc. ("SaBAM"))
High Yield Trust (fund manager changed May 1, 2003; formerly managed by Xxxxxx
Xxxxx. Xxxx.)
Special Value Trust (added May 5, 2003)
Strategic Bond Trust
US Government Securities Trust
Xxxxx Advisors
Financial Services Trust
Fundamental Value Trust
Deutsche Asset Management Investment Services Ltd, "XxXX" (added November 25,
2002)
All Cap Core Trust
Real Estate Securities Trust
Dimensional Financial Advisors
Disciplined Diversification (added June 2, 2008)
Fidelity Management & Research Company ("FMR")
Strategic Opportunities Trust
Grantham, Mayo, Van Otterloo & Co. LLC (GMO)
International Core Trust (name changed May 1, 2006; formerly International Stock
Trust; fund manager changed July 29, 2005, formerly managed by XxXX)
(Independence Investment LLC
Small Cap Trust (added May 2, 2005)
Xxxxxxxx Associates LLC
Capital Appreciation Trust
Xxxx Xxxxx Funds Management Inc.
Core Equity Trust (added May 3, 2004)
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB), Page 1 of 6
Effective September 17, 2001
Amendment 9
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
Lord, Xxxxxx & Co. LLC
All Cap Value Trust (fund manager changed May 1, 2003; formerly managed by
Dreyfus)
Mid Cap Value Trust
Marsioo Capital Management, LLC
International Opportunities Trust (added May 2, 2005)
Massachusetts Financial Services Company ("MFS")
Utilities Trust
MFC Global Investment Management (formerly known as Manufacturers Advisor
Corporation)
500 Index Trust
Active Bond Trust (Fund Manager changed December 1, 2006, from Sovereign Asset
Management; was also sub-advised by Declaration Management & Research LLC)
American fundamental Holdings Trust (added November 12, 2007)
American Global Diversification Trust (added November 12, 2007)
Emerging Growth Trust (a Fund Manager changed December 1, 2006, from Sovereign
Asset Management; subadviser change May 1, 2006 from MFC Global)
Franklin Xxxxxxxxx Founding Allocation Trust (added May 1, 2007)
High Income Trust (added May 1, 2007)
Index Allocation Trust (added February 13, 2006)
Lifestyle Aggressive Trust
Lifestyle Balanced Trust
Lifestyle Conservative Trust
Lifestyle Growth Trust
Lifestyle Moderate Trust
Mid Cap Index Trust
Money Market Trust
Pacific Rim Trust (name changed May 3, 2004; formerly Pacific Rim Emerging
Markets Trust)
Optimized All Cap Trust (name changed April 28, 2008; formerly Quantitative All
Cap Trust; added May 5, 2003)
Optimized Value Trust (name changed April 28, 2008; formerly Quantitative Value
Trust; added May 3, 2004)
Small Cap Index Trust
Strategic Income Trust (Fund Manager changed December 1, 2006, from Sovereign
Asset Management
Total Stock Market Index Trust
Munder Capital Management & Invesco AIM (Invesco AIM added as co-subadvisor,
June 30, 2008)
Small Cap Opportunities Trust (added May 5, 2003)
Pacific Investment Management Company LLC ("PIMCO")
Global Bond Trust
PIMCO VIT All Asset Portfolio (added May 3, 2004)
Real Return Bond Trust (added May 5, 2003)
Total Return Trust
Pzena Investment Management LLC
Classic Value Trust (added May 3, 2004)
RCM Capital Management, LLC (subadviser change May 1, 2006 from Franklin
Advisers, Inc.)
Emerging Small Company Trust
SGAM
Principal Protection Trust A (added October 21, 2002)
State Street Global Advisers ("SSga")
International Equity Index Trust (added May 2, 2005)
Xxxx Xxxxxxx VST International Index (added May 3, 2004)
X. Xxxx Price
Blue Chip Growth Trust
Capital Appreciation Value Trust (to be added June 2, 2008)
Equity-Income Trust
Xxxx Xxxxxxx Life of NY, Agreement No. 2001-41NY (GMIB), Page 2 of 6
Effective September 17, 2001
Amendment 9
SCHEDULE B
INVESTMENT FUNDS
VARIABLE FUNDS
Health Sciences Trust
Mid Value Trust (added May 2, 2005)
Small Company Value Trust
X. Xxxx Price/RCM Capital Management (RCM co-manager as of December 1, 2006)
Science & Technology Trust
Templeton Global Advisor Limited
Global Trust (name changed May 3, 2004. formerly Global Equity, fund manager
changed December 9, 2003 formerly managed by Xxxxxx Investment Management)
Xxxxxxxxx Investment Counsel, LLC
International Small Cap Trust (fund manager changed May 1 2003, formerly managed
by Founders)
International Value Trust
UBS Global Asset Management (name changed, formerly Xxxxxxx)
Global Allocation Trust (name changed May 1, 2003, formerly Tactical Allocation
Trust)
Large Cap Trust (added May 2, 2005)
Xxx Xxxxxx Investments
Value Trust (fund manager changed May 1, 2003, formerly managed by Xxxxxx Xxxxx.
Sher.)
Wellington Management Company, LLP
Core Allocation Plus (added June 2, 2008)
Investment Quality Bond Trust
Mid Cap Intersection Trust (added May 1, 2007)
Mid Cap Stock Trust
Natural Resources Trust (added May 5, 2003)
Small Cap Growth trust (added May 2, 2005)
Small Cap Value Trust (added May 2, 2005)
Wells Capital Management, Inc.
Core Bond Trust (added May 2, 2005)
U.S. High Yield Bond Trust (added May 2, 2005)
FIXED FUNDS
One Year
DCA Twelve Month
DCA Six Month
Additional Fixed Funds available to Venture contracts With a 7 year CDSC (since
inception of the Agreement)
Three Year
Five Year
Seven Year
John Hancock Life of NY, Agreement No. 2001-41NY (GMIB), Page 3 of 6
Effective September 17, 2001
Amendment 9
SCHEDULE B
INVESTMENT FUNDS
SECTION OF HISTORICAL CHANGES (FUNDS NO LONGER OFFERED)
AIM Capital Management, Inc.
Aggressive Growth Trust (merged April 29, 2005, into Mid Cap Stock Trust --
Wellington)
Mid Cap Core Trust (merged December 1, 2006, into MFC Mid Cap Index: added
May 5, 2003)
Capital Guardian Trust Company ("CGTC")
Diversified Bond Trust (merged April 29, 2005, into Active Bond Trust --
Declaration/John Hancock)
Small Company Blend Trust (merged April 29, 2005, into Small Cap Opportunities
Trust -- Munder)
Cohen & Steers (replaced by DeAM November 25, 2002)
Real Estate Securities (see DeAM)
Davis (subadvisor changed June 27, 2008; formerly Grantham, Mayo, Van Otterloo &
Co. LLC (GMO)
U.S. Core Trust (merged November 7, 2008 into Davis, Fundamental Value, name
changed May 1, 2006; formerly Growth & Income Trust; fund manager changed
July 29, 2005, formerly managed by Wellington)
Deutsche Asset Management Investment Services Ltd. "DeAM" (added November 25,
2002)
Dynamic Growth Trust (merged April 25, 2008, into Wellington Mid Cap Stock)
Fidelity Management & Research Company ("FMR")
Large Cap Growth Trust (merged May 1, 2005, into Capital Apperciation managed
by Jennison)
Overseas Trust (merged April 29, 2005, into International Value Trust --
Templeton)
Investco
Telecommunications Trust (merged into Science & Technology Trust May 2, 2003 --
See T. Rowe Price)
Mid Cap Growth Trust (merged into Dynamic Growth Trust MAY 2, 2003 -- See DeAM)
Janus (replaced by DeAM November 25, 2002)
Dynamic Growth Trust (see DeAM)
Massachusetts Financial Services Company ("MFS")
Strategic Growth Trust (merged April 29, 2005, into US Global Leaders Growth
Trust -- Sustainable Growth Advisors)
Strategic Value Trust (merged December 1, 2006, into Black Rock Large Cap Value
Trust: name changed May 1, 2003:formerly Capital Opportunities Trust
Merrill Lynch (closed to new business as of February 1, 2002)
ML Basic Value Focus Trust
ML Developing Capital Markets Trust
ML Special Value Focus Trust
MFC Global Investment Management
Balanced Trust (merged into Income & Value (Capital Guardian) May 3, 2004)
Quantitative Equity Trust (merged into US Large Cap (Capital Guardian) May 3,
2004)
Quantitative Mid Cap Trust (merged April 25, 2008, into MFC Mid CAp Index)
International Index Trust (closed to new money and transfers May 3, 2004)
Rowe Price -- Flem(replaced by DeAM November 25, 2002)
International Stock Trust (see DeAM)
SsgA (replaced by DeAM November 25, 2002)
Growth Trust (name changed to All Cap Core Trust -- see DeAM)
Sustainable Growth Advisers, LP
U.S. Global Lenders Growth Trust (merged April 25, 2008 into T. Rowe Blue Chip;
added May 3, 2004)
Internet Technologies managed by Munder (merged into Science & Technology Trust
May 2, 2003 -- See T. Rowe Price)
Mid Cap Opportunities managed by Putnam (merged into Dynamic Growth Trust May 2,
2003 -- See DeAM)
John Hancock Life of NY, Agreement No. 2001-41NY (GMIB), Page 4 of 6
Effective September 17, 2001
Amendment 9
SCHEDULE B
INVESTMENT FUNDS
WEALTHMARK & WEALTHMARK ML3 VERSIONS OF VENTURE & VENTURE III
ADDED OCTOBER 7, 2002
VARIABLE FUNDS
Davis Selected Advisers, L.P.
Fundamental Value Trust (added May 3, 2007 as replacement for DWS Davis Venture
Value VIP)
Declaration Management & Research LLC
JHT Active Bond Trust (added May 3, 2007, as replacement for DWS High Income VIP
and DWS Strategic Income VIP)
JHT Bond Index Trust (added May 3, 2007, as replacement for DWS Bond VIP)
Deutsche Investment Management Americas Inc.
JHT All Cap Core Trust (added May 3, 2007, as replacement for Alger Leveraged
AllCap Portfolio)
JHT Real Estate Securities Trust (added May 3, 2007, as replacement for DWS
RREEF Real Estate Securities VIP)
John Honcock Trust (added May 1, 2006)
Lifestyle Aggressive
Lifestyle Balanced
Lifestyle Conservative
Lifestyle Growth
Lifestyle Moderate
MFC Global Investment Management (U.S.A) Limited
American Fundamental Holdings Trust (added November 12, 2007)
American Global Diversification Trust (added November 12, 2007)
JHT 500 Index Trust B (added May 3, 2007, as replacement for DWS Capital Growth
VIP, DWS Growth and Income VIP and DWS Equity 500 Index VIP)
JHT Index Allocation Trust (added May 3, 2007, as replacement for Alger American
Balanced Portfolio, DWS Balanced VIP, DWS Mid Cap Growth VIP, and DWS Turner
MidCap Growth VIP)
JHT Mid Cap Index Trust (added May 3, 2007, as replacement for MidCap Stock
Portfolio)
JHT Money Market Trust (added May 3, 2007, as replacement for DWS Government &
Agency Securities VIP and DWS Money Market VIP)
JHT Quantitative All Cap Trust (added May 3, 2007, as replacement for Dreyfus
Socially Responsible Growth Fund, Inc., DWS Dreman High Return Equity VIP,
and DWS Janus Growth and Income VIP)
JHT Quantitative Mid Cap Trust (added May 3, 2007)
JHT Quantitative Value Trust (added May 3, 2007, as replacement for DWS Large
Cap Value VIP)
JHT Small Cap Index Trust (added May 3, 2007, as replacement for DWS Dreman
Small Mid Cap Value VIP and DWS Small Cap Growth VIP)
JHT Total Stock Market Index Trust (added May 3, 2007, as replacement for AIM
V.I. Utilities Fund, DWS Blue Chip VIP, DWS Health Care VIP, and
DWS Technology VIP)
SSgA Funds Management, Inc,
JHT International Equity Index Trust (added May 3, 2007, as replacement for
DWS International Select Equity VIP, Credit Suisse Trust Emerging Markets
Portfolio, and Credit Suisse Trust Global Small Cap Portfolio)
Templeton Global Advisors Limited
JHT Global Trust (added May 3, 2007, as replacement for DWS Global Thematic VIP
and DWS Global Opportunities VIP)
Templeton Investment Counsel, LLC
JHT International Value Trust (added May 3, 2007, as replacement for DWS
International VIP)
FIXED FUNDS
One Year
DCA Twelve Month
DCA Six Month
Additional Fixed Funds available to Wealthmark contracts with a 7 year CDSC
(since October 7, 2002)
Three Year
Five Year
Seven Year
John Hancock Life of NY, Agreement No. 2001-41NY (GMIB), Page 5 of 6
Effective September 17, 2001
Amendment 9
SCHEDULE B
INVESTMENT FUNDS
SECTION OF HISTORICAL CHANGES (FUNDS NO LONGER OFFERED)
Scudder Variable Series I (Class B Shares)
21st Century Growth Portfolio (merged April 29, 2005, into Scudder Small Cap
Growth)
DWS (formerly Scudder Variable Series II (Class B Shares)
DWS Conservative Allocation VIP (replaced May 3, 2007 by JHT Lifestyle Moderate
Trust)
DWS Core Fixed Income VIP (name changed May 1, 2006; formerly Fixed Income; name
changed May 1, 2003; formerly Investment Grade Bond Portfolio)
DWS Dreman Financial Services VIP (merged September 15, 2006 into Dreman High
Return Equity)
DWS Growth Allocation VIP (replaced May 3, 2007 by JHT Lifestyle Growth Trust)
DWS Income Allocation VIP (merged September 15, 2006, into DWS Conservative
Allocation; name changed May 1, 2006; formerly Conservative Income Strategy
Portfolio; added August 1, 2004)
DWS Janus Growth Opportunities VIP (merged December 8, 2006, into DWS Capital
Growth VIP)
DWS Mercury Large Cap Core VIP (merged December 8, 2006, into DWS Growth &
Income VIP; added November 15, 2004)
DWS MFS Strategic Value VIP (merged September 15, 2006, into Dreman High Return
Equity)
DWS Moderate Allocation VIP (replaced May 3, 2007 by JHT Lifestyle Balanced
Trust)
DWS Oak Strategic Equity VIP (merged December 8, 2006, into DWS Capital Growth
VIP)
DWS SBAM Dynamic Growth VIP (Fund was reassigned to Wellington in 2008 and
merged effective 4/25/2008 into Wellington Mid Cap Stock; fund manager
changed August 1, 2005; formerly managed by INVESCO)
DWS Templeton Foreign Value VIP (merged December 8, 2006 into DWS International
VIP; added November 15, 2004)
Eagle Focused Large Cap Growth Portfolio (merged April 29, 2005, into Scudder
Capital Growth)
Focus Value+Growth Portfolio (merged April 29, 2005, into Scudder Growth &
Income)
Growth Portfolio (merged April 29, 2005, into Scudder Capital Growth)
Legg Mason Aggressive Growth Portfolio (merged December 8, 2006 into DWS Capital
Growth)
John Hancock Life of NY, Agreement No. 2001-41NY (GMIB), Page 6 of 6
Effective September 17, 2001
Amendment 9
