AMENDMENT TO THE PARTICIPATION AGREEMENT Among PIONEER VARIABLE CONTRACTS TRUST, AVIVA LIFE AND ANNUITY COMPANY (Successor in Interest to Indianapolis Life Insurance Company), PIONEER INVESTMENT MANAGEMENT, INC. and PIONEER FUNDS DISTRIBUTOR, INC.
EXHIBIT 8(g)(ii)
AMENDMENT TO THE PARTICIPATION AGREEMENT
Among
PIONEER VARIABLE CONTRACTS TRUST,
AVIVA LIFE AND ANNUITY COMPANY
(Successor in Interest to Indianapolis Life Insurance Company),
(Successor in Interest to Indianapolis Life Insurance Company),
PIONEER INVESTMENT MANAGEMENT, INC.
and
PIONEER FUNDS DISTRIBUTOR, INC.
The Participation Agreement entered into as of the 10th day of December 2004 by PIONEER
VARIABLE CONTRACTS TRUST, a Delaware business trust (the “Trust”), AVIVA LIFE AND ANNUITY COMPANY
(successor in interest to Indianapolis Life Insurance Company) (the “Company”), a stock life
insurance company organized under the laws of the State of Iowa, PIONEER INVESTMENT MANAGEMENT,
INC., a Delaware corporation (“PIM”), and PIONEER FUNDS DISTRIBUTOR, INC. (“PFD”), a corporation
organized under the laws of The Commonwealth of Massachusetts, is hereby amended effective as of
October 1, 2008:
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 is hereby amended by The Trust, PIM, PFD and the Company:
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 X is hereby deleted and replaced with the following Article X: |
Article X. NOTICES
Any notice hereunder shall be given by registered or certified mail return receipt requested
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 to the other party.
If to the Trust:
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Pioneer Variable Contracts Trust 00 Xxxxx Xxxxxx Xxxxxx, XX 00000 Attn: General Counsel |
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If to Company:
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President Aviva Life and Annuity Company 000 Xxxxxx Xxxxxx, Xxxxx 0000 Xxx Xxxxxx, XX 00000 |
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and |
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Ameritas Life Insurance Corp. 0000 X Xxxxxx Xxxxxxx, Xxxxxxxx 00000 Attention: Xxxxx Xxxxxx |
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If to PIM:
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Pioneer Investment Management, Inc. 00 Xxxxx Xxxxxx Xxxxxx, XX 00000 Attn: General Counsel |
|
If to PFD:
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Pioneer Funds Distributor, Inc. 00 Xxxxx Xxxxxx Xxxxxx, XX 00000 Attn: General Counsel |
Notice shall be deemed given on the date of receipt by the addressee as evidenced by
the return receipt.
4. | Schedule A is hereby deleted and replaced with the attached Schedule A. | |
5. | Schedule B is hereby deleted and replaced with the attached Schedule A |
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IN WITNESS WHEREOF, the parties have entered into this Amendment as of Sept. 9, 2008.
Pioneer Variable Contracts Trust | Pioneer Investment Management, Inc. | |||||||||||||
By: | /s/ Xxxxxxxxxxx X. [illegible] | By: | /s/ Xxxx Xxxxxxx | |||||||||||
Name: | Xxxxxxxxxxx X. [illegible] | Name: | Xxxx Xxxxxxx | |||||||||||
Title: | Assistant Secretary | Title: | EVP + CEO |
Aviva Life and Annuity Company | Pioneer Funds Distributor, Inc. | |||||||||||||
By: | /s/ Xxxxxxx Xxxxxx | By: | /s/ Xxxxxx X. Kringoin | |||||||||||
Name: | Xxxxxxx Xxxxxx | Name: | Xxxxxx X. Kringoin | |||||||||||
Title: | Secretary | Title: | Retail Sales |
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Schedule A
Pioneer Variable Contracts Trust Portfolios
Pioneer Fund VCT Portfolio (Class I Shares)
Pioneer Growth Opportunities VCT Portfolio (Class I Shares)
Aviva Life and Annuity Company — Variable Contracts
Visionary Choice Variable Annuity
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Schedule B
Separate Accounts and Sub-Accounts
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Selected Portfolios | |
Pioneer Fund VCT Portfolio Sub-Account
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VCT Portfolio (Class I Shares) | |
Pioneer Growth Opportunities VCT Portfolio Sub-Account |
Growth Opportunities VCT Portfolio (Class I Shares) |
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