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EXHIBIT (8)(j)
AMENDMENT TO PARTICIPATION AGREEMENT
Franklin Xxxxxxxxx Variable Insurance Products Trust
Franklin Xxxxxxxxx Distributors, Inc.
Farmers New World Life Insurance Company
The participation agreement, dated as of May 15, 2000, by and among Franklin
Xxxxxxxxx Variable Insurance Products Trust, Franklin Xxxxxxxxx Distributors,
Inc. and Farmers New World Life Insurance Company (the "Agreement") is hereby
amended as follows:
Schedules C, D, E and F of the Agreement are hereby deleted in their
entirety and replaced with the Schedules C, D, E and F attached hereto,
respectively.
All other terms and provisions of the Agreement not amended herein shall remain
in full force and effect.
Effective Date as of April 1, 2001.
Franklin Xxxxxxxxx Variable Insurance Products Trust Franklin Xxxxxxxxx Distributors, Inc.
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By: /s/ Xxxxx X. Xxxxxxxx By: /s/ Xxxxxx X. Xxxxxx
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Name: Xxxxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxx
Title: Assistant Vice President Title: Vice President
Farmers New World Life Insurance Company
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By: /s/ Xxxx X. Xxxxxx
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Name: Xxxx X. Xxxxxx
Title: Assistant Vice President and Corporate Secretary
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SCHEDULE C
AVAILABLE PORTFOLIOS AND CLASSES OF SHARES OF THE TRUST; INVESTMENT ADVISERS
Franklin Xxxxxxxxx Variable Insurance Products Trust Investment Adviser
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Franklin Small Cap Fund, Class 2 Franklin Advisers, Inc.
Templeton Asset Strategy Fund, Class 2 Xxxxxxxxx Investment Counsel, LLC
Templeton Developing Markets Securities Fund, Class 2 Xxxxxxxxx Asset Management, Ltd.
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SCHEDULE D
CONTRACTS OF THE COMPANY
CONTRACT 1 CONTRACT 2
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CONTRACT/PRODUCT NAME Farmers Variable Annuity Farmers Flexible
Premium Variable Life
Policy
REGISTERED (Y/N) Y Y
SEC REGISTRATION NUMBER 333-85183 333-84023
REPRESENTATIVE FORM NUMBERS 2000-398
SEPARATE ACCOUNT NAME/XXXX Xxxxxxx Annuity Farmers Variable Life
ESTABLISHED Separate Account A/ Separate Account A/
April 6, 1999 April 6, 1999
SEC REGISTRATION NUMBER 811-09547 811-09507
PORTFOLIOS AND Franklin Small Cap Franklin Small Cap
CLASSES-ADVISER Fund, Class 2--Franklin Fund, Class
Advisers, Inc.; 2--Franklin
Xxxxxxxxx Asset Advisers, Inc.;
Strategy Fund, Templeton Asset
Class 2--Templeton Strategy Fund,
Investment Counsel, Class 2--Templeton
LLC; Xxxxxxxxx Investment Counsel,
Developing Markets LLC; Templeton
Securities Fund, Developing Markets
Class 2--Templeton Securities Fund,
Asset Management, Ltd. Class 2--Xxxxxxxxx
Asset Management, Ltd.
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SCHEDULE E
OTHER PORTFOLIOS AVAILABLE UNDER THE CONTRACTS
XXXXXXX VARIABLE SERIES, INC.
Social Small Cap Growth Portfolio
DREYFUS VARIABLE INVESTMENT FUND
Quality Bond Portfolio
Small Cap Portfolio
DREYFUS SOCIALLY RESPONSIBLE GROWTH FUND, INC.
FIDELITY VARIABLE INSURANCE PRODUCTS FUNDS
VIP Growth
Fidelity VIP Mid Cap
FIDELITY VARIABLE INSURANCE PRODUCTS II FUND
VIP II 500 Index
XXXXXXX SACHS VARIABLE INSURANCE TRUST
Capital Growth Fund
CORE(SM) Small Cap Equity Fund
Mid Cap Value Fund
JANUS ASPEN SERIES
Aggressive Growth Portfolio
Balanced Portfolio
Capital Appreciation Portfolio
XXXXXX VARIABLE SERIES
Xxxxxx Government Securities Portfolio
Xxxxxx High Yield Portfolio
Xxxxxx Small Cap Growth Portfolio
KVS Dreman High Return Equity Portfolio
PIMCO VARIABLE INSURANCE TRUST
Foreign Bond Portfolio
Low Duration Bond Portfolio
XXXXXXX VARIABLE LIFE INVESTMENT FUND
Bond Portfolio
Global Discovery Portfolio
Growth and Income Portfolio
International Portfolio
Money Market Portfolio
WM VARIABLE TRUST
Equity Income Fund
Mid Cap Stock Fund
Small Cap Stock Fund
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SCHEDULE F
RULE 12b-1 PLANS
COMPENSATION SCHEDULE
Each Portfolio named below shall pay the following amounts pursuant to the terms
and conditions referenced below under its Class 2 Rule 12b-1 Distribution Plan,
stated as a percentage per year of Class 2's average daily net assets
represented by shares of Class 2.
PORTFOLIO NAME MAXIMUM ANNUAL PAYMENT RATE
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Franklin Small Cap Fund 0.25%
Templeton Asset Strategy Fund 0.25%
Xxxxxxxxx Developing Markets Fund 0.25%
AGREEMENT PROVISIONS
If the Company, on behalf of any Account, purchases Trust Portfolio
shares ("Eligible Shares") which are subject to a Rule 12b-1 plan adopted under
the 1940 Act (the "Plan"), the Company may participate in the Plan.
To the extent the Company or its affiliates, agents or designees
(collectively "you") provide any activity or service which is primarily intended
to assist in the promotion, distribution or account servicing of Eligible Shares
("Rule 12b-1 Services") or variable contracts offering Eligible Shares, the
Underwriter, the Trust or their affiliates (collectively, "we") may pay you a
Rule 12b-1 fee. "Rule 12b-1 Services" may include, but are not limited to,
furnishing personal services to owners of Contracts which may invest in Eligible
Shares ("Contract Owners"), education of Contract Owners, answering routine
inquiries regarding a Portfolio, coordinating responses to Contract Owner
inquiries regarding the Portfolios, maintaining such accounts or providing such
other enhanced services as a Trust Portfolio or Contract may require, or
providing other services eligible for service fees as defined under NASD rules.
Your acceptance of such compensation is your acknowledgment that eligible
services have been rendered. All Rule 12b-1 fees, shall be based on the value of
Eligible Shares owned by the Company on behalf of its Accounts, and shall be
calculated on the basis and at the rates set forth in the Compensation Schedule
stated above. The aggregate annual fees paid pursuant to each Plan shall not
exceed the amounts stated as the "annual maximums" in the Portfolio's
prospectus, unless an increase is approved by shareholders as provided in the
Plan. These maximums shall be a specified percent of the value of a Portfolio's
net assets attributable to Eligible Shares owned by the Company on behalf of its
Accounts (determined in the same manner as the Portfolio uses to compute its net
assets as set forth in its effective Prospectus). The Rule 12b-1 fee will be
paid to you within thirty (30) days after the end of the three-month periods
ending in January, April, July and October.
You shall furnish us with such information as shall reasonably be
requested by the Trust's Boards of Trustees ("Trustees") with respect to the
Rule 12b-1 fees paid to you pursuant to the Plans. We shall furnish to the
Trustees, for their review on a quarterly basis, a written
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report of the amounts expended under the Plans and the purposes for which such
expenditures were made.
The Plans and provisions of any agreement relating to such Plans must be
approved annually by a vote of the Trustees, including the Trustees who are not
interested persons of the Trust and who have no financial interest in the Plans
or any related agreement ("Disinterested Trustees"). Each Plan may be terminated
at any time by the vote of a majority of the Disinterested Trustees, or by a
vote of a majority of the outstanding shares as provided in the Plan, on sixty
(60) days' written notice, without payment of any penalty. The Plans may also be
terminated by any act that terminates the Underwriting Agreement between the
Underwriter and the Trust, and/or the management or administration agreement
between Franklin Advisers, Inc. and its affiliates and the Trust. Continuation
of the Plans is also conditioned on Disinterested Trustees being ultimately
responsible for selecting and nominating any new Disinterested Trustees. Under
Rule 12b-1, the Trustees have a duty to request and evaluate, and persons who
are party to any agreement related to a Plan have a duty to furnish, such
information as may reasonably be necessary to an informed determination of
whether the Plan or any agreement should be implemented or continued. Under Rule
12b-1, the Trust is permitted to implement or continue Plans or the provisions
of any agreement relating to such Plans from year-to-year only if, based on
certain legal considerations, the Trustees are able to conclude that the Plans
will benefit each affected Trust Portfolio and class. Absent such yearly
determination, the Plans must be terminated as set forth above. In the event of
the termination of the Plans for any reason, the provisions of this Schedule F
relating to the Plans will also terminate. You agree that your selling
agreements with persons or entities through whom you intend to distribute
Contracts will provide that compensation paid to such persons or entities may be
reduced if a Portfolio's Plan is no longer effective or is no longer applicable
to such Portfolio or class of shares available under the Contracts.
Any obligation assumed by the Trust pursuant to this Agreement shall be limited
in all cases to the assets of the Trust and no person shall seek satisfaction
thereof from shareholders of the Trust. You agree to waive payment of any
amounts payable to you by Underwriter under a Plan until such time as the
Underwriter has received such fee from the Trust.
The provisions of the Plans shall control over the provisions of the
Participation Agreement, including this Schedule F, in the event of any
inconsistency.
You agree to provide complete disclosure as required by all applicable statutes,
rules and regulations of all rule 12b-1 fees received from us in the prospectus
of the Contracts.
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