AMENDMENT NO. 26 TO PARTICIPATION AGREEMENT AMONG AEGON/TRANSAMERICA SERIES FUND, INC., TRANSAMERICA LIFE INSURANCE COMPANY, TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY, PEOPLES BENEFIT LIFE INSURANCE COMPANY, TRANSAMERICA OCCIDENTAL LIFE INSURANCE...
AMENDMENT NO. 26 TO
PARTICIPATION AGREEMENT AMONG
AEGON/TRANSAMERICA SERIES FUND, INC.,
TRANSAMERICA LIFE INSURANCE COMPANY,
TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY,
PEOPLES BENEFIT LIFE INSURANCE COMPANY,
TRANSAMERICA OCCIDENTAL LIFE INSURANCE COMPANY AND
TRANSAMERICA LIFE INSURANCE AND ANNUITY COMPANY
Amendment No. 26 to the Participation Agreement among AEGON/Transamerica Series Fund, Inc.,
(the "Fund"), Transamerica Life Insurance Company ("Transamerica"), Transamerica Financial Life Insurance
Company ("TFLIC"), Peoples Benefit Life Insurance Company ("Peoples"), Transamerica Occidental Life
Insurance Company ("TOLIC"), and Transamerica Life Insurance and Annuity Company ("T ALIAC") dated
July 1, 1992, as amended ("Participation Agreement").
WHEREAS, due to the merger of Transamerica Life Insurance Company of New York and AUSA Life
Insurance Company, Inc. (the "Merger") effective April 1, 2003, these companies will no longer be parties to
this Agreement. The new surviving company, Transamerica Financial Life Insurance Company, will be added
as a party to this Agreement. Also, due to the Merger, names of several of the separate accounts and Policies
will be changed to reflect the change in company name. All references to "AUSA" will now be changed to
"TFLIC"; and
WHEREAS, Transamerica has registered or will register the Portfolio Select Variable Annuity (the
"Policy") under the Securities Act of 1933; and
WHEREAS, to the extent permitted by applicable insurance law and regulation, Transamerica intends
to purchase shares in one or more of the portfolios of the Fund to fund the Policy, as specified in Schedule A
attached to this Amendment, as such Schedule A is amended by this Amendment No. 26, and as Schedule A may
be amended from time to time; and
WHEREAS, Transamerica desires to change the name of the Retirement Income Builder III Variable
Annuity to Retirement Income Builder- BAI Variable Annuity; and
WHEREAS, the Fund's Board of Directors approved resolutions for the following changes to go into
effect April 30, 2003: a name change of the Conservative Asset Allocation to Asset Allocation- Conservative
Portfolio, the Aggressive Asset Allocation to Asset Allocation- Growth Portfolio, the Moderate Asset
Allocation to Asset Allocation- Moderate Portfolio, and the Moderately Aggressive Asset Allocation to Asset
Allocation- Moderate Growth Portfolio; the merger of LKCM Capital Growth into Transamerica Equity; the
merger of Gabelli Global Growth into American Century International; the merger of X. Xxxx Price Dividend
Growth into X. Xxxx Price Equity Income; the merger of Value Line Aggressive Growth into Xxxxx Aggressive
Growth; the merger of Janus Growth II into Janus Growth; and the merger of Xxx Xxxxxx Money Market into
Transamerica Money Market; and
NOW, THEREFORE, IT IS HEREBY AGREED that Transamerica Life Insurance Company of
New York and AUSA Life Insurance Company, Inc. will be replaced as parties to this Agreement by
Transamerica Financial Life Insurance Company; Transamerica, through its Policy, Portfolio Select Variable
Annuity, will purchase and redeem shares issued by the Fund, subject to the terms and conditions of the
Participation Agreement; Schedule A to this Agreement will reflect the name of the Retirement Income Builder
III Variable Annuity to Retirement Income Builder- BAI Variable Annuity; and the name changes and mergers
for the Fund reflected above will be added/deleted to Schedule A as applicable. It is also hereby agreed that
Schedule A to this Agreement will be amended to: add the new classes of shares for each portfolio of the Fund;
reflect the various name changes to certain portfolios; add the Portfolio Select Variable Annuity as an additional
"Policy"; and change the names of the various Policies/Accounts referenced above due to the Merger.
IN WITNESS WHEREOF, each of the parties has caused this Amendment to be executed in its name
and on its behalf by its duly authorized representative as of May 1, 2003.
TRANSAMERICA LIFE INSURANCE AEGON/TRANSAMERICA SERIES
COMPANY FUND, INC.
By its authorized officer By its authorized officer
By: /s/Xxxxx X. Xxxxxx By:/s/Xxxx X. Xxxxxx
Xxxxx X. Xxxxxx Xxxx X. Xxxxxx
Title: President Title: Vice President, Secretary
And General Counsel
TRANSAMERICA FINANCIAL PEOPLES BENEFIT LIFE INSURANCE
LIFE SURANCE COMPANY COMPANY
By its authorized officer By its authorized officer
By: /s/Xxxxx X. Xxxxxx By: /s/Xxxxx X. Xxxxxx
Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx
Title: Vice President Title: Executive Vice President
TRANSAMERICA OCCIDENTAL LIFE TRANSAMERICA LIFE INSURANCE
INSURANCE COMPANY AND ANNUITY COMPANY
By its authorized officer By its authorized officer
By: /s/Xxxxxxxxx X. Xxxxxxx By: /s/Xxxxxxxxx X. Xxxxxxx
Xxxxxxxxx X. Xxxxxxx Xxxxxxxxx X. Xxxxxxx
Title: Assistant Vice President and Title: Assistant Vice President and
Assistant Secretary Assistant Secretary
AMENDED SCHEDULE A
Effective May I, 2003
Account(s), Policy(ies) and Portfolio(s)
Subject to the Participation Agreement
Accounts: Separate Account VA B
Separate Account VA BNY
Mutual Fund Account
Separate Account VA A
Separate Account VA C
Separate Account VA D
Retirement Builder Variable Annuity Account
Transamerica Financial Life Insurance Company Separate Account C
Peoples Benefit Life Insurance Company Separate Account V
Legacy Builder Variable Life Separate Account
TFLIC Series Annuity Account
Transamerica Occidental Life Separate Account VUL-3
Separate Account VA E
Separate Account VA F
Transamerica Occidental Life Separate Account VUL-4
Transamerica Occidental Life Separate Account VUL-5
Transamerica Life Insurance and Annuity Company on behalf
of its Separate Account V A-8
Separate Account VA J
Transamerica Occidental Life Separate Account VUL-6
TAPPVUL 1
Separate Account K
Separate Account H
Separate Account G
Separate Account V A-2LNY
Separate Account VA-2L
Separate Account VL A
AES Private Placement VA Separate Account
Separate Account VA L
Separate Account VA P
PFL Corporate Account One
Policies: Transamerica Landmark Variable Annuity
Transamerica Landmark NY Variable Annuity
Atlas Portfolio Builder Variable Annuity
Transamerica EXTRA Variable Annuity
Transamerica Access Variable Annuity
Retirement Income Builder II Variable Annuity
TFLIC & Peoples- Advisor's Edge Variable Annuity
Peoples - Advisor's Edge Select Variable Annuity
Legacy Builder Plus
TFLIC Financial Freedom Builder
Transamerica Elite
Privilege Select Variable Annuity
Estate Enhancer Variable Life
TransSurvivor Life Variable Universal Life
TransMark Optimum Choice Variable Annuity
TransUltra® Variable Universal Life
TFLIC Freedom Elite Builder
TFLIC Premier Variable Annuity
AMENDED SCHEDULE A (continued)
Policies (continued):
Immediate Income Builder II
Premier Asset Builder Variable Annuity
TransAccumulator VUL cv
TFLIC Freedom Wealth Protector
Advantage V
Retirement Income Builder Variable Annuity
Retirement Income Builder - BAI Variable Annuity
Dreyfus Advisor Advantage Variable Annuity
Dreyfus Access Advantage Variable Annuity
Dreyfus/Transamerica Triple Advantage® Variable Annuity (NY)
Dreyfus/Transamerica Triple Advantage® Variable Annuity
Transamerica Variable Life
Advisor's Edge Select Private Placement
Transamerica Preferred Advantage Variable Annuity
Flexible Premium Variable Annuity- A
Portfolio Select Variable Annuity
Portfolios: AEGON/Transamerica Series Fund, Inc.- Each Portfolio has an Initial Class of Shares and
a Service Class of Shares
AEGONBond
Xxxxx Aggressive Growth
Asset Allocation - Conservation Portfolio
Asset Allocation - Moderate Portfolio
Asset Allocation- Moderate Growth Portfolio
Asset Allocation - Growth Portfolio
American Century International
American Century Income & Growth
BlackRock Large Cap Value
BlackRock Mid Cap Growth
BlackRock Global Science & Technology Opportunities
Capital Guardian Global
Capital Guardian U.S. Equity
Capital Guardian Value
Clarion Real Estate Securities
Dreyfus Mid Cap
Dreyfus Small Cap Value
Federated Growth & Income
GE U.S. Equity
Great Companies - America sm
Great Companies - Globatl
Great Companies- Technology sm
X.X. Xxxxxx Enhanced Index
Janus Balanced
Janus Global
Janus Growth
Xxxxxxxx Growth
LKCM Strategic Total Return
Xxxxxxx Growth
MFS High Yield
Munder Net50
PBHG/NWQ Value Select
AMENDED SCHEDULE A (continued)
Portfolios: AEGON/Transamerica Series Fund, Inc. (continued)
PBHG Mid Cap Growth
PIMCO Total Return
Protected Principal Stock
Salomon All Cap
Select+ Aggressive
Select+ Conservative
Select+ Growth & Income
X. Xxxx Price Equity Income
X. Xxxx Price Growth Stock
X. Xxxx Price Small Cap
Third A venue Value
Transamerica Equity
Transamerica Convertible Securities
Transamerica Growth Opportunities
Transamerica Money Market
Transamerica U.S. Government Securities
Transamerica Value Balanced
Xxx Xxxxxx Active International Allocation
Xxx Xxxxxx Asset Allocation
Xxx Xxxxxx Emerging Growth