AMENDMENT NO. 3 TO PARTICIPATION AGREEMENT Among VARIABLE INSURANCE PRODUCTS FUND, FIDELITY DISTRIBUTORS CORPORATION and AVIVA LIFE AND ANNUITY COMPANY (Successor in Interest to Indianapolis Life Insurance Company)
EXHIBIT 8(b)(iv)
AMENDMENT NO. 3 TO PARTICIPATION AGREEMENT
Among
VARIABLE INSURANCE PRODUCTS FUND,
FIDELITY DISTRIBUTORS CORPORATION
and
AVIVA LIFE AND ANNUITY COMPANY
(Successor in Interest to Indianapolis Life Insurance Company)
(Successor in Interest to Indianapolis Life Insurance Company)
The Participation Agreement dated as of March 1, 1995 (“Agreement”) by and between AVIVA LIFE
AND ANNUITY COMPANY (“AVIVA”), a stock life insurance company organized under the laws of Iowa, on
its own behalf and on behalf of each segregated asset account of the Company set forth on the
attached Schedule A, and the VARIABLE INSURANCE PRODUCTS FUND, an unincorporated business trust
organized under the laws of the Commonwealth of Massachusetts, and FIDELITY DISTRIBUTORS
CORPORATION, a Massachusetts corporation, is hereby further amended effective as of October 1,
2008:
Whereas, the Agreement was amended by Amendment No. 2 to Participation Agreement effective as
of June 30, 2003 to substitute ILICO for IL Annuity and Insurance Company as a result of the merger
of IL Annuity and Insurance Company into ILICO effective on June 30, 2003; and
Whereas, in connection with the merger of IL Annuity and Insurance Company into ILICO, the
separate account serving as an investment vehicle for individual deferred variable annuity
contracts issued by IL Annuity and Insurance Company changed its name from IL Annuity and Insurance
Co. Separate Account 1 to ILICO Separate Account 1 and became subject to the laws of the State of
Indiana;
Whereas, Indianapolis Life Insurance Company will merge with and into Aviva Life and Annuity
Company (“ALAC”) effective October 1, 2008, with ALAC as the surviving corporate entity; and
Whereas, in connection with the merger of ILICO into ALAC, ILICO Separate Account 1 will
change its name to ALAC Separate Account 1 and become subject to the laws of the State of Iowa;
Now, therefore, the Agreement as previously amended is hereby further amended by ALAC,
Variable Insurance Products Fund, and Fidelity Distributors Corporation as follows:
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1. All references to Indianapolis Life Insurance Company are hereby changed to “Aviva Life and
Annuity Company” to reflect the statutory merger of Indianapolis Life Insurance Company with and
into Aviva Life and Annuity Company.
2. All references to ILICO Separate Account 1 are hereby changed to “ALAC Separate Account 1” to
reflect the name change of the separate account in connection with the merger of ILICO with and
into ALAC.
3. Article XI is hereby deleted in its entirety and replaced with the following Article XI:
Article XI.
Notices
Any notice shall be sufficiently given when sent by registered or certified mail to the
other party at the address of such party set forth below or at such other address as such
party may from time to time specify in writing to the other party.
If to the Fund: |
00 Xxxxxxxxxx Xxxxxx | |
| Xxxxxx, Xxxxxxxxxxxxx 00000 | ||
| Attention: Treasurer | ||
If to the Company: |
President | |
| Aviva Life and Annuity Company | ||
| 000 Xxxxxx Xxxxxx, Xxxxx 0000 | ||
| Xxx Xxxxxx, XX 00000 | ||
and |
||
| Ameritas Life Insurance Corp. | ||
| 0000 X Xxxxxx | ||
| Xxxxxxx, Xxxxxxxx 00000 | ||
| Attention: Xxxxx Xxxxxx | ||
If to the Underwriter: |
00 Xxxxxxxxxx Xxxxxx | |
| Xxxxxx, Xxxxxxxxxxxxx 00000 | ||
| Attention: Treasurer |
4. Schedule A shall be deleted and replaced with the attached Schedule A.
5. Schedule C shall be deleted and replaced with the attached Schedule C.
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IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to the Participation
Agreement to be executed in its name and on its behalf of its duly authorized representative as of
September 16, 2008.
| AVIVA LIFE AND ANNUITY COMPANY | ||||
By:
|
/s/ Xxxxxxx X. Xxxxxx
|
|||
| Title: Secretary | ||||
| FIDELITY DISTRIBUTORS CORPORATION | ||||
By:
|
/s/ Xxxx Xxxxxxxx
|
|||
| Name: Xxxx Xxxxxxxx | ||||
| Title: Executive Vice President | ||||
| VARIABLE INSURANCE PRODUCTS FUND | ||||
By:
|
/s/ Xxxx Xxxxxx
|
|||
| Name: Xxxx Xxxxxx | ||||
| Title: Fund Treasurer, Fixed Income Funds | ||||
By:
|
/s/ Xxxxxxx Xxxxxx
|
|||
| Name: Xxxxxxx Xxxxxx | ||||
| Title: Fund Treasurer, Equity Funds | ||||
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Schedule A
Separate Accounts and Associated Contracts
Name of Separate Account and Policy Form Numbers of Contracts Funded
| Date Established by Board of Directors | By Separate Account | |
| VA-95 | ||
| VCA-97 |
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Schedule C
Other investment companies currently available under variable annuities or variable life insurance
issued by the Company:
The Xxxxx American Fund (Class O Shares)
Fidelity Variable Insurance Products Funds (Initial Class)
First Eagle Variable Funds, Inc.
Xxxxxxxxx Xxxxxx Advisers Management Trust (Class I)
Pioneer Variable Contracts Trust
PIMCO Variable Insurance Trust (Administrative Class)
Premier VIT
Royce Capital Fund (Investment Class)
X. Xxxx Price Fixed Income Series, Inc.
X. Xxxx Price International Series, Inc.
Xxx Xxx Worldwide Insurance Trust
Fidelity Variable Insurance Products Funds (Initial Class)
First Eagle Variable Funds, Inc.
Xxxxxxxxx Xxxxxx Advisers Management Trust (Class I)
Pioneer Variable Contracts Trust
PIMCO Variable Insurance Trust (Administrative Class)
Premier VIT
Royce Capital Fund (Investment Class)
X. Xxxx Price Fixed Income Series, Inc.
X. Xxxx Price International Series, Inc.
Xxx Xxx Worldwide Insurance Trust
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