AMENDMENT TO PARTICIPATION AGREEMENT
This AMENDMENT is made and entered into as of the 1st day of November,
2006, by and among FIRST SECURITY BENEFIT LIFE INSURANCE AND ANNUITY COMPANY OF
NEW YORK (the "Company"), a New York corporation, on its own behalf and on
behalf of each separate account of the Company identified in the Participation
Agreement (as defined below), XXX XXXXXX LIFE INVESTMENT TRUST (the "Fund"), a
Delaware business trust, XXX XXXXXX FUNDS INC. (the "Underwriter"), a Delaware
corporation, and XXX XXXXXX ASSET MANAGEMENT (the "Adviser"), a Delaware
corporation.
WHEREAS, the Company, the Fund, the Underwriter and the Adviser have
entered into a Participation Agreement dated as of September 1, 2005, as such
agreement may be amended from time to time (the "Participation Agreement"); and
WHEREAS, the Company, the Fund, the Underwriter, and the Adviser wish
to amend the Participation Agreement in certain respects.
NOW, THEREFORE, in consideration of their mutual promises, and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Company, the Fund, the Underwriter, and the Adviser agree to
amend the Participation Agreement as follows:
1. Schedule A of the Participation Agreement is deleted and replaced in
its entirety with the attached Schedule A.
2. Schedule B of the Participation Agreement is unchanged but restated
in its entirety in the attached Schedule B.
3. Except as provided herein, the Participation Agreement shall remain
in full force and effect. This Amendment and the Participation Agreement, as
amended, constitute the entire agreement between the parties hereto pertaining
to the subject matter hereof and fully supersede any and all prior agreements or
understandings between the parties hereto pertaining to the subject matter
hereof. In the event of any conflict between the terms of this Amendment and the
Participation Agreement, the terms of this Amendment shall control.
4. This Amendment may be amended only by written instrument executed by
each party hereto.
5. This Amendment shall be effective as of the date written above.
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IN WITNESS WHEREOF, each of the parties hereto has caused this
Agreement to be executed in its name and on its behalf by its duly authorized
representative as of the date specified above.
FIRST SECURITY BENEFIT LIFE INSURANCE AND ANNUITY
COMPANY OF NEW YORK
BY: /S/ XXXXXX X. XXXXX
-------------------
NAME: XXXXXX X. XXXXX
TITLE: VP, CFP, & TREAS.
XXX XXXXXX LIFE INVESTMENT TRUST
BY: /S/ XXXXX XXXXXXX
-------------------
NAME: XXXXX XXXXXXX
TITLE: EXECUTIVE DIRECTOR
XXX XXXXXX FUNDS INC.
BY: /S/ XXXXXX XXXXXXX
-------------------
NAME: XXXXXX XXXXXXX
TITLE: MANAGING DIRECTOR
XXX XXXXXX ASSET MANAGEMENT
BY: /S/ XXXXXX XXXX
-------------------
NAME: XXXXXX XXXX
TITLE: MANAGING DIRECTOR
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SCHEDULE A
SEPARATE ACCOUNTS AND ASSOCIATED CONTRACTS
NAME OF SEPARATE ACCOUNT AND FORM NUMBER AND NAME OF
DATE ESTABLISHED BY BOARD OF DIRECTORS CONTRACT FUNDED BY SEPARATE ACCOUNT
REGISTERED ACCOUNT(S): REGISTERED CONTRACT(S):
Variable Annuity Separate Account A FSB216 - AdvisorDesigns New York
January 22, 1996 FSB242 - EliteDesigns New York
Variable Annuity Separate Account B FSB234 - AdvanceDesigns New York
January 22, 1996 FSB236 - SecureDesigns New York
UNREGISTERED ACCOUNT(S): UNREGISTERED CONTRACT(S):
None None
SCHEDULE B
PORTFOLIOS OF THE XXX XXXXXX LIFE INVESTMENT TRUST
AVAILABLE UNDER THIS AGREEMENT
Xxxxxxxx Portfolio - Class II Shares
CUSIP No. 00000X000
Government Portfolio - Class II Shares
CUSIP No. 00000X000
