Exhibit (h) (4) (b)
AMENDMENT NO. 2 TO
FUND PARTICIPATION AGREEMENT
This Amendment No. 2 to the Fund Participation Agreement ("Agreement") dated
December 2, 2002 between The United States Life Insurance Company in the City
of New York ("USL") (successor by merger to First SunAmerica Life Insurance
Company ("First SunAmerica")), American Funds Insurance Series (the "Series")
and Capital Research and Management Company ("CRMC") is effective as of
April 30, 2013. All capitalized terms used herein and not otherwise defined
shall have the meaning ascribed to such term in the Agreement.
WHEREAS, effective December 31, 2011, First SunAmerica merged with and into
USL, an affiliate, with USL being the surviving company (the "Merger"); and
WHEREAS, by consent dated October 17, 2011, the parties to the Agreement
consented and agreed to the assumption of such Agreement by USL; and
WHEREAS, the parties wish to amend certain provisions of the Agreement in
order to add USL variable life insurance products to the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set
forth, and intending to be legally bound, the Agreement is hereby amended as
follows:
1. Any and all references in the Agreement to the Contracts as defined therein
shall be deemed to refer to variable universal life insurance policies and
variable annuity contracts.
2. Any and all references in the Agreement to First SunAmerica shall be deemed
to refer to USL.
3. Section 27 of the Agreement is amended and replaced in its entirety as
follows:
All notices, consents, waivers, and other communications under this
Agreement must be in writing, and will be deemed to have been duly received:
(a) when delivered by hand (with written confirmation of receipt); (b) when
sent by facsimile (with written confirmation receipt), provided that a copy
is mailed by registered mail, return receipt requested; or (c) the day after
it is sent by a nationally recognized overnight delivery service, in each
case to the appropriate addresses and facsimile numbers set forth below (or
to such other addresses and facsimile numbers as a party may designate by
notice to the other parties):
If to USL:
The United States Life Insurance Company
in the City of New York
00000 Xxxxxx Xxxxxx, Xxxxx 000
Xxxxxxxx Xxxxx, XX 00000-0000
Attn: Vice President, Investment Management
Facsimile No.: (000) 000-0000
With copies to:
The United States Life Insurance Company
in the City of New York
0 XxxXxxxxxx Xxxxxx
Xxx Xxxxxxx, XX 00000
Attn: General Counsel
Facsimile No.: 000-000-0000
The United States Life Insurance Company
in the City of New York
0000 Xxxxx Xxxxxxx, X0-00
Xxxxxxx, XX 00000
Attn: General Counsel
Facsimile No.: 000-000-0000
If to the Fund:
American Funds Insurance Series
000 X. Xxxx Xxxxxx, 00xx Xxxxx
Xxx Xxxxxxx, XX 00000
Attn: Xxxxxxx X. Xxxxxx, Senior Vice President
Facsimile No.: 000-000-0000
If to the Adviser:
Capital Research and Management Company
000 X. Xxxx Xxxxxx, 00xx Xxxxx
Xxx Xxxxxxx, XX 00000
Attn: Xxxxxxx X. Xxxxxx, Senior Vice President and Legal Counsel,
Fund Business Management Group, and Secretary
Facsimile No.: 000-000-0000
In either case with a copy to:
Capital Research and Management Company
000 X. Xxxx Xxxxxx, 00xx Xxxxx
Xxx Xxxxxxx, XX 00000
Attn: Xxxxxxx X. Xxxxxxxxxx, Vice President and Senior Counsel,
Fund Business Management Group
Facsimile No.: 000-000-0000
4. Schedules A, B and C to the Agreement are deleted and replaced in their
entirety with Schedules A, B and C attached hereto, respectively.
5. All other terms and provisions of the Agreement not amended herein shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto affixed their respective
authorized signatures, intending that this Amendment No. 2 be effective as
indicated hereinabove.
THE UNITED STATES LIFE INSURANCE COMPANY
IN THE CITY OF NEW YORK
(on behalf of itself and its Accounts)
By: ------------------------
Name:
Title:
AMERICAN FUNDS INSURANCE SERIES
By: ------------------------
Name:
Title:
CAPITAL RESEARCH AND MANAGEMENT COMPANY
By: ------------------------
Name:
Title:
SCHEDULE A
CONTRACTS
Variable Annuities including, without limitation, the following:
Polaris NY
Polaris II NY
Polaris II A-Class Platinum Series NY
Polaris Choice NY
Polaris Platinum O-Series NY
Variable Universal Life Insurance Policies including, without limitation, the
following:
Income Advantage Select
Protection Advantage Select
And other Contracts to which AGL may make the Series available after notice to
CRMC and the Series.
SCHEDULE B
ACCOUNTS
FS Variable Separate Account
Separate Account USL VL-R
SCHEDULE C
PARTICIPATING FUNDS - CLASS 2
Asset Allocation Fund
Global Growth Fund
Growth Fund
Growth-Income Fund
High-Income Bond Fund
International Fund