Exhibit (8)(ss)
SIXTH AMENDMENT TO PARTICIPATION AGREEMENT
BETWEEN PIMCO VARIABLE INSURANCE TRUST,, ALLIANZ GLOBAL
INVESTORSTORS DISTRIBUTORS LLC (FORMERLY PA DISTRIBUTORS LLC) AND
ML LIFE INSURANCE COMPANY OF NEW YORK
THIS AMENDMENT, effective as of the 27th day of April, 2007, by and among
PIMCO Variable Insurance Trust, a Delaware statutory trust, (the "Trust"),
Allianz Global Investors Distributors LLC (formerly PA Distributors LLC), (the
"Underwriter"), a Delaware limited liability company and ML Life Insurance
Company of New York, a New York life insurance company (the "Company");
WITNESSETH:
WHEREAS, the Trust, the Underwriter and the Company heretofore entered into
a Participation Agreement dated April 3, 2000, as amended (the "Agreement"),
with regard to separate accounts established for variable life insurance and/or
variable annuity contracts offered by the Company; and
WHEREAS, the Trust, the Underwriter, and the Company desire to amend
Schedule A to the Agreement and make changes to Section XI of the Agreement in
accordance with the terms of the Agreement.
NOW, THEREFORE, in consideration of the above premises, the Trust, the
Underwriter and the Company hereby agree:
1. Amendment.
(a) Schedule A to the Agreement is amended in its entirety and is
replaced by the Schedule A attached hereto;
(b) Section XI Notices. of the Agreement is hereby amendedby deleting
the current contact information for notices to the Company and
replacing it with the following:
If to the Company: Xxxxx X. Xxxxxxxx, Esquire
Senior Vice President & General Counsel
1700 Xxxxxxx Xxxxx Drive, 3rd Floor
Xxxxxxxxxx, New Jersey 08534
2. Effectiveness. The Amendment to the Agreement shall be effective as of
the date first above written.
3. Continuation. Except as set forth above, the Agreement shall remain in
full force and effective in accordance with its terms.
4. Counterparts. This Amendment may be executed in one or more
counterparts, each of which shall be deemed to be an original.
(Signatures located on following page)
IN WITNESS WHEREOF, the Trust, the Underwriter and the Company have caused
the Amendment to be executed by their duly authorized officers effective as of
the day and year first above written.
PIMCO VARIABLE INSURANCE TRUST ML LIFE INSURANCE COMPANY OF NEW YORK
By: By:
--------------------------------- ------------------------------------
Name: Name: Xxxxxx Xxxxxxxxx
------------------------------- Title: Vice President & Senior Counsel
Title: Date:
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Date:
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ALLIANZ GLOBAL INVESTORS DISTRIBUTORS
LLC
By:
---------------------------------
Name:
-------------------------------
Title:
------------------------------
Date:
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Schedule A
PIMCO VARIABLE INSURANCE TRUST PORTFOLIOS - ADMINISTRATIVE CLASS:
CommodityRealReturn(TM) Strategy PortfolIO
Low Duration
Real Return Portfolio
Total Return Portfolio*
CONTRACTS:
Xxxxxxx Xxxxx Investor Choice-Investor Series, a variable annuity contract
Xxxxxxx Xxxxx Retirement Power(SM), a variable annuity contract
Xxxxxxx Xxxxx Legacy Power(SM), a variable life insurance contract
Xxxxxxx Xxxxx Retirement Optimizer(SM), a variable annuity contract
Xxxxxxx Xxxxx Retirement Plus(SM), a variable annuity contract
SEGREGATED ASSET ACCOUNTS:
ML of New York Variable Annuity Separate Account A (established August 6, 1991).
ML of New York Variable Life Separate Account (established November 16, 1990).
As of April 27, 2007
* This portfolio is offered in all the Contracts listed above. The other
Portfolios are not available under every contract listed above.
