AMENDMENT TO
Participation Agreement
This amendment to the Participation Agreement ("Amendment") is entered into
and is effective this 29th day of June, 2001 by and among IDS Life Insurance
Company of New York (the "Company") and MFS Variable Insurance Trust (the
"Trust"), and Massachusetts Financial Services Company ("MFS").
WHEREAS, the parties to this Amendment have previously executed that
certain Participation Agreement dated September 29, 2000 ("Agreement");
WHEREAS, the parties to this Amendment wish to amend the Agreement to
comply with applicable federal and state privacy laws and regulations; and
WHEREAS, the parties to this Amendment wish to amend Schedule A pursuant to
the terms of the Agreement.
NOW THEREFORE, in consideration of the terms, covenants and conditions
contained herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties to this Amendment
agree to amend the Agreement as follows:
1. Use of Nonpublic Personal Information. The Company, the Trust and MFS agree
to take all necessary steps to comply with applicable regulations
protecting the privacy of consumer and customer financial information (as
defined in such regulations). To the extent the Trust or MFS or agents of
either provide the Company with any nonpublic personal information (as
defined in such regulations) to perform services or functions on behalf of
the Trust or MFS, the Company agrees (i) not to disclose or use any such
information for any purpose other than to carry out the purposes for which
the Trust, MFS or their agents disclosed the information or as permitted by
law in the ordinary course of business to carry out those purposes; and
(ii) to contractually require all its agents, representatives, or any other
party to whom the Company may provide access to or disclose nonpublic
personal information to limit the use and disclosure of nonpublic personal
information to that purpose. To the extent the Company or its agents
provide the Trust, MFS or their agents with any nonpublic personal
information to perform services or functions on the Company's behalf, the
Trust, MFS and their agents agree (i) not to disclose or use any such
information for any purpose other than to carry out the purposes for which
the Company disclosed the information or as permitted by law in the
ordinary course of business to carry out those purposes; and (ii) to
contractually require all their agents, representatives, or any other party
to whom the Trust, MFS or their agents may provide access to or disclose
nonpublic personal information to limit the use and disclosure of nonpublic
personal information to that purpose. The Company, the Trust and MFS agree
to adopt policies and procedures that address administrative, technical and
physical safeguards for the protection of customer records and information.
2. Schedule A is deleted in its entirety and replaced with the Schedule A as
attached hereto.
3. In the event of a conflict between the terms of this Amendment and the
Agreement, it is the intention of the parties that the terms of this
Amendment shall control and the Agreement shall be interpreted on that
basis. Except as modified by this Amendment, the Agreement is hereby
ratified and confirmed and shall remain in full force and effect.
IN WITNESS WHEREOF, each party has executed this Amendment by a duly
authorized officer.
IDS LIFE INSURANCE COMPANY
OF NEW YORK Attest:
By: /s/ Xxxxxxx X. Xxxxxxxx By: /s/ Xxxx Xxxxx Xxxxxxx
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Printed Printed
Name: Xxxxxxx X. Xxxxxxxx Name: Xxxx Xxxxx Xxxxxxx
As Its: President As Its: Assistant Secretary
MFS VARIABLE INSURANCE TRUST MASSACHUSETTS FINANCIAL
SERVICES COMPANY
By: /s/ Xxxxx X. Xxxxxxxxx, Xx. By: /s/ Xxxxxx X. Xxxxx
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Printed Printed
Name: Xxxxx X. Xxxxxxxxx, Xx. Name: Xxxxxx X. Xxxxx
As Its: Assistant Secretary As Its: Senior Executive Vice President
As of June 29 , 2001
SCHEDULE A
Accounts, Policies and Portfolios
Subject to the Participation Agreement
===================================== ================================== ============================ =============================
Name of Separate Share Class
Account and Date Policies Funded (Initial or Service Class) Portfolios
Established by Board of Directors by Separate Account Applicable to Policies
===================================== ================================== ============================ =============================
IDS Life of New York American Express Retirement Advisor Service Class MFS(R) Investors Growth Stock
Variable Annuity Account Variable Annuity(R) Series
(formerly ID Life of New York (New York) MFS(R) New Discovery Series
Flexible Portfolio Annuity Account) MFS(R) Utilities Series
April 17, 1996 American Express(R)Retirement
Advisor Advantage Variable Annuity
(New York)
IDS Life of New York
Account 8 IDS Life of New York Variable
September 12, 1985 Universal Life Insurance
ID Life of New York Variable
Universal Life III
IDS Life of New York Variable
Second-To-Die Life Insurance
IDS Life of New York Succession
Select Variable Life Insurance
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