EX-99.B.8.2
AMENDMENT NO. 1
PARTICIPATION AGREEMENT
The Participation Agreement (the "Agreement"), dated June 30, 1998, by
and among AIM Variable Insurance Funds (formerly AIM Variable Insurance Funds,
Inc.) a Delaware trust, A I M Distributors, Inc., a Delaware corporation, Aetna
Life Insurance and Annuity Company, a Connecticut life insurance company and
Aetna Life Insurance and Annuity Company, is hereby amended as follows:
The following subsection is added to Section 1 of the Agreement:
1.3 NO SALES TO THE GENERAL PUBLIC.
AVIF represents and warrants that no Shares of any Fund have
been or will be sold to the general public, it being understood by the
Parties that AVIF may sell shares of any Fund to any person eligible to
invest in that Fund in accordance with applicable provisions of Section
817(h) of the Code and the regulations thereunder, and that if such
provisions are not applicable, then AVIF may sell shares of any Fund to
any person, including members of the general public.
The following subsection is added to Section 2.3:
(c) Notwithstanding any provision of the Agreement to the
contrary, the Parties agree that AVIF shall determine the applicable
price for Share orders attributable to Contracts funded by unregistered
Accounts in accordance with Section 2.3(a) hereof, PROVIDED that LIFE
COMPANY represents and warrants that it is legally or contractually
obligated to treat such orders in the same manner as orders
attributable to Contracts funded by registered Accounts. Each Share
order placed by LIFE COMPANY that is attributable, in whole or in part,
to Contracts funded by an unregistered Account, shall be deemed to
constitute such representation and warranty by LIFE COMPANY unless the
order specifically states to the contrary. Otherwise, AVIF shall
determine the applicable price for Share orders attributable to
Contracts funded by unregistered Accounts in accordance with Section
2.3(b) hereof. As used herein, an Account is registered if it is
registered under the 1940 Act.
Section 4.3(a)(vii) is hereby deleted in its entirety and replaced with
the following:
(vii) each Account's prospectus, statement of additional
information, offering material, disclosure booklet, and other documents
pursuant to which Contracts are offered, and any amendments or
supplements thereto (collectively, the "Account Prospectus"), will at
all times comply in all material respects with all applicable
requirements of the 1933 Act and the rules thereunder.
Section 4.3(b)(vi) is hereby deleted in its entirety and replaced with
the following:
(vi) AVIF's prospectus, statement of additional
information and any amendments or supplements thereto (collectively,
the "AVIF Prospectus") will at all times comply in all material
respects with all applicable requirements of the 1933 Act and the rules
thereunder.
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Schedule A of the Agreement is hereby deleted in its entirety and
replaced with the following:
SCHEDULE A
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FUNDS AVAILABLE UNDER SEPARATE ACCOUNTS
THE POLICIES UTILIZING THE FUNDS
AIM V.I. Capital Appreciation Fund Variable Annuity Account B
AIM V.I. Government Securities Fund Variable Annuity Account C
AIM V.I. Growth Fund Variable Annuity Account D
AIM V.I. Growth and Income Fund
AIM V.I. International Equity Fund
AIM V.I. Value Fund
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All other terms and provisions of the Agreement not amended herein
shall remain in full force and effect.
Effective Date: October 1, 2000
AIM VARIABLE INSURANCE FUNDS
Attest: /s/ Xxxxx X. Xxxxxx By: /s/ Xxxxxx X. Xxxxxx
------------------------- ------------------------------
Name: Xxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx
Title: Assistant Secretary Title: President
(SEAL)
A I M DISTRIBUTORS, INC.
Attest: /s/ Xxxxx X. Xxxxxx By: /s/ Xxxxxxx X. Xxxx
------------------------- ------------------------------
Name: Xxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxx
Title: Assistant Secretary Title: President
(SEAL)
AETNA LIFE INSURANCE AND ANNUITY COMPANY
(As Insurer and Underwriter)
Attest: /s/ Xxxx X. Xxxxxxx By: /s/ Xxxxxx X. Xxxxxxxxxxx
------------------------- ------------------------------
Name: Xxxx X. Xxxxxxx Name: Xxxxxx Xxxxxxxxxxx
Title: Assistant Corporate Secretary Title: Vice President
(SEAL)
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