AMENDMENT NUMBER 1
TO PARTICIPATION AGREEMENT
AMONG
VARIABLE INSURANCE PRODUCTS FUNDS,
FIDELITY DISTRIBUTORS CORPORATION,
AND
FIRST SECURITY BENEFIT LIFE INSURANCE AND ANNUITY
COMPANY OF NEW YORK
WHEREAS, First Security Benefit Life Insurance and Annuity Company of New
York (the "Company"), Fidelity Distributors Corporation (the "Underwriter") and
Variable Insurance Products Fund, Variable Insurance Products Fund II and
Variable Insurance Products Fund III (the "Fund") are parties to a Participation
Agreement dated June 28, 2002, (the "Agreement"); and
WHEREAS, terms of the Agreement contemplate that it may be amended with the
mutual agreement of the parties; and
WHEREAS, the parties wish to add certain Accounts and Contracts to the
Agreement by deleting the existing Schedule A and replacing it with the Schedule
A attached hereto; and
WHEREAS, capitalized terms used but not defined in this Amendment, shall
have the meaning given them in the Agreement; and
WHEREAS, all other terms of the Agreement shall remain in full force and
effect;
NOW, THEREFORE, the parties agree to delete the existing Schedule A to the
Agreement and replace it with the Schedule A attached hereto.
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment
Number 1 to the Agreement to be executed in its name and on its behalf by its
duly authorized representative as of the date specified below.
FIRST SECURITY BENEFIT LIFE
INSURANCE AND ANNUITY COMPANY
OF NEW YORK
By its authorized officer
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇
-------------------
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇
---------------
Title: Vice President, CFO, and Treasurer
----------------------------------
Date: 12/4/2006
---------
-1-
VARIABLE INSURANCE PRODUCTS FUND
VARIABLE INSURANCE PRODUCTS FUND II
VARIABLE INSURANCE PRODUCTS FUND III
By its authorized officer
By: /s/ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
----------------------
Name: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
----------------------
Title: SVP, Treasurer
----------------------
Date: 1/2/07
------
FIDELITY DISTRIBUTORS CORPORATION
By its authorized officer
By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇
-----------------
Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇
-------------
Title: EVP
---
Date: 12/12/06
--------
-2-
SCHEDULE A
ACCOUNTS -
Separate Account A
Separate Account B
CONTRACTS -
AdvisorDesigns Variable Annuity
AdvanceDesigns Variable Annuity
SecureDesigns Variable Annuity
EliteDesigns Variable Annuity
PORTFOLIOS - Available Portfolios listed under VIP I, II, & III
respectively as of 12/01/2006
Variable Insurance Products Fund Money Market Portfolio
Variable Insurance Products Fund High Income Portfolio
Variable Insurance Products Fund Value Portfolio
Variable Insurance Products Fund Equity-Income Portfolio
Variable Insurance Products Fund Growth Portfolio
Variable Insurance Products Fund Overseas Portfolio
Variable Insurance Products Fund II Index 500 Portfolio
Variable Insurance Products Fund II Contrafund Portfolio
Variable Insurance Products Fund II Asset Manager: Growth Portfolio
Variable Insurance Products Fund II Investment Grade Bond Portfolio
Variable Insurance Products Fund II Asset Manager Portfolio
Variable Insurance Products Fund III Growth & Income Portfolio
Variable Insurance Products Fund III Dynamic Capital Appreciation Portfolio
Variable Insurance Products Fund III Aggressive Growth Portfolio
Variable Insurance Products Fund III Balanced Portfolio
Variable Insurance Products Fund III Growth Opportunities Portfolio
Variable Insurance Products Fund III Mid Cap Portfolio
Variable Insurance Products Fund III Value Strategies Portfolio
-3-
