EXHIBIT 8(n)(1)
ADDENDUM NO. 9 TO
PARTICIPATION AGREEMENT
AMONG
WRL SERIES FUND, INC.,
PFL LIFE INSURANCE COMPANY,
AND
AUSA LIFE INSURANCE COMPANY, INC.
Amendment No. 9 to the Participation Agreement among WRL Series Fund, Inc.,
(the "Fund"), PFL Life Insurance Company ("PFL"), AUSA Life Insurance Company,
Inc. ("AUSA") dated July 1, 1992 ("Participation Agreement").
WHEREAS, Peoples Benefit Life Insurance Company ("Peoples"), an affiliate
of PFL and AUSA, has registered or will register certain variable annuity
contracts and/or variable life insurance policies (both the contracts and
policies, collectively, "Policies") under the Securities Act of 1933; and
WHEREAS, Peoples has, by resolution of its Board of Directors, duly
organized and established the Peoples Separate Account V ("Account V") as a
segregated asset account to receive, set aside and invest assets attributable to
net premiums and payments received under the Policies; and
WHEREAS, Peoples has registered or will register the Account as a unit
investment trust under the Investment Company Act of 1940; and
WHEREAS, to the extent permitted by applicable insurance law and
regulation, Peoples intends to purchase shares in one or more portfolios of the
Fund to fund the Policies on behalf of Account V, as specified in Schedule A,
dated May 1, 1999, attached to the Agreement, as such Schedule A is amended by
this Amendment No. 9 and as Schedule A may be amended from time to time; and
WHEREAS, the Fund intends to sell shares of the Portfolio(s) to Account V
at net asset value; and
WHEREAS, AUSA Life Insurance Company, Inc. ("AUSA") has established the
AUSA Separate Account C, a separate account for purposes of selling variable
products funded by WRL Series Fund, Inc.
WHEREAS, the Fund intends to sell shares of the Portfolio(s) to Account C
at net asset value, and
WHEREAS, each of the current parties is desirous of adding Peoples as a
party, subject to the same terms and conditions, to the Agreement, and
WHEREAS, the Fund, effective May 1, 1999, will add new portfolios
consisting of WRL Xxxxxxx Xxxxx Growth, WRL Xxxxxxx Sachs Small Cap, WRL X. Xxxx
Price Dividend Growth, WRL X. Xxxx Price Small Cap, WRL Pilgrim Xxxxxx Mid Cap
Growth, WRL Salomon All Cap and WRL Dreyfus Mid Cap.
NOW, THEREFORE, IT IS HEREBY AGREED that Peoples is authorized to acquire shares
issued by the Fund, subject to the terms and conditions of this Agreement, and
that Schedule A to the Participation Agreement is hereby amended to add Peoples
Separate Account V and AUSA's separate account C as additional "Accounts"; to
add Advisor's Edge and Advisor's Edge Select to the list of "Policies": and to
add WRL Xxxxxxx Sachs Growth, WRL Xxxxxxx Xxxxx Small Cap, WRL X. Xxxx Price
Dividend Growth, WRL X. Xxxx Price Small Cap, WRL Pilgrim Xxxxxx Mid Cap Growth,
WRL Salomon All Cap and WRL Dreyfus Mid Cap portfolios of the Fund.
IN WITNESS WHEREOF, each of the parties has caused this Addendum to be
executed in its name and on its behalf by its duly authorized representative as
of April 30, 1999.
PFL LIFE INSURANCE COMPANY WRL SERIES FUND, INC.
By its authorized officer By its authorized officer
By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxxxx X. Xxxxxxx
---------------------------------- --------------------------------
Title: President Title: Vice President, Secretary and
Date: April 30, 1999 Associate General Counsel
Date: Xxxxx 00, 0000
XXXX LIFE INSURANCE PEOPLES BENEFIT LIFE
COMPANY, INC. INSURANCE COMPANY
By its authorized officer By its authorized officer
By: /s/ Xxxxx X. Xxxxx By: /s/ Xxxxx X. Xxxxxx
---------------------------------- --------------------------------
Title: Chairman of the Board Title: Vice President
Date: April 30, 1999 Date: April 30, 1999
AMENDED
SCHEDULE A
----------
Effective May 1, 1999
Account(s), Policy(ies) and Portfolio(s) Subject
to the Participation Agreement
------------------------------
Accounts: PFL Endeavor Variable Annuity Account
--------- AUSA Endeavor Variable Annuity Account
Mutual Fund Account
PFL Life Variable Annuity Account A
PFL Retirement Builder Variable Annuity Account
AUSA - Separate Account C
Peoples Benefit Life Insurance Company - Separate Account V
Policies: PFL Endeavor Variable Annuity
--------- PFL Endeavor Platinum Variable Annuity
PFL Endeavor Platinum Variable Annuity
AUSA Endeavor Variable Annuity
Atlas Portfolio Builder Variable Annuity
Flexible Premium Individual Deferred Variable Annuity
(Policy Form No. AV288-101-95-796;
marketing name - PFL Retirement Income Builder II)
AUSA & Peoples - Advisor's Edge
Peoples - Advisor's Edge Select
Portfolios: WRL Series Fund, Inc.
----------- WRL Janus Growth
WRL AEGON Bond
WRL X.X. Xxxxxx Money Market
WRL Janus Global
WRL LKCM Strategic Total Return
WRL VKAM Emerging Growth
WRL Xxxxx Aggressive Growth
WRL AEGON Balanced
WRL Federated Growth & Income
WRL C.A.S.E. Growth
WRL NWQ Value Equity
WRL GE/Scottish Equitable International Equity
WRL GE U.S. Equity
WRL X.X. Xxxxxx Real Estate Securities
WRL X. Xxxx Price Dividend Growth
WRL X. Xxxx Price Small Cap
WRL Xxxxxxx Xxxxx Growth
WRL Xxxxxxx Sachs Small Cap
WRL Pilgrim Xxxxxx Mid Cap Growth
WRL Salomon All Cap
WRL Dreyfus Mid Cap
WRL Third Avenue Value
WRL Xxxx Asset Allocation
