Exhibit (h) (19) (d)
FOURTH AMENDMENT
TO
PARTICIPATION AGREEMENT
AMONG
THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK,
AMERICAN GENERAL EQUITY SERVICES CORPORATION,
VALIC COMPANY I AND
THE VARIABLE ANNUITY LIFE INSURANCE COMPANY
THIS FOURTH AMENDMENT TO PARTICIPATION AGREEMENT ("Amendment") effective as
of April 30, 2013, amends the Participation Agreement dated as of July 1, ▇▇▇▇
(▇▇▇ "▇▇▇▇▇▇▇▇▇"), ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ LIFE INSURANCE COMPANY IN THE CITY
OF NEW YORK (the "Company"), on its own behalf and on behalf of each separate
account of the Company set forth on Schedule B of the Agreement (the
"Account"), AMERICAN GENERAL EQUITY SERVICES CORPORATION ("AGESC"), VALIC
COMPANY I (the "Fund"), and THE VARIABLE ANNUITY LIFE INSURANCE COMPANY (the
"Adviser"), (collectively, the "Parties"). All capitalized terms not otherwise
defined in this Amendment, shall have the same meaning as ascribed in the
Agreement.
WHEREAS, from time to time, the Fund will make additional Portfolios
available to one or more Accounts of the Company; and
WHEREAS, the Parties now desire to amend the Agreement to reflect the
additional Portfolios of the Fund to be made available to certain Accounts of
the Company.
NOW, THEREFORE, in consideration of their mutual promises, the Parties agree
as follows:
1. Schedule A to the Agreement, a revised copy of which is attached hereto, is
hereby amended to add the Dynamic Allocation Fund, Emerging Economies Fund
and the Foreign Value Fund to Separate Account USL VL-R.
2. The parties acknowledge that from time to time the Fund will make additional
Portfolios available to the Accounts of the Company. In this regard, the
Parties agree that the Company may, upon written notice to the other
parties, add such new Portfolios to Schedule A of the Agreement, and thereby
amend Schedule A of the Agreement.
3. The following new Section 3.2(e) paragraph is added to the Agreement:
(e)Certain Administrative Expenses of the Company. The Adviser will
reimburse the Company on a calendar quarterly basis, for certain of the
administrative costs and expenses incurred by the Company as a result of
operations necessitated by the beneficial ownership of shares of the
Portfolios of the Fund by owners of those Contracts which are subject to
such reimbursement as indicated on Schedule B
1
hereto. Such reimbursement shall be in an amount set forth on Schedule A
based on the net assets of the Funds attributable to such Contracts. The
determination of applicable assets shall be made by averaging assets in
applicable Portfolios of the Fund as of the last Business Day of each
calendar month failing within the applicable calendar quarter. In no
event shall such fee be paid by the Fund, its shareholders or by any
Contract owner.
4. It is anticipated that AGESC will be merging with and into SunAmerica
Capital Services, Inc. ("SACS"), the surviving company and also an affiliate
of the Company, by no later than on or about May 31, 2013 (the "Merger"). In
contemplation of this Merger, it is affirmed and acknowledged that upon
occurrence of such event, the distributor, AGESC, for the Contracts funded
in the Separate Accounts shall change to SACS without further action on the
part of any parties to this Agreement.
5. Except as amended hereby, the Agreement is hereby ratified and confirmed in
all respects.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed in its name and on its behalf by its duly authorized representative
hereto as of the date specified above.
THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK, on behalf of
itself and each of its Separate Accounts named in Schedule B of the Agreement,
as amended from time to time.
ATTEST:
By: ---------------------------- By: ------------------------------
Name: Name:
Title: Title:
AMERICAN GENERAL EQUITY SERVICES CORPORATION
ATTEST:
By: ---------------------------- By: ------------------------------
Name: Name:
Title: Title:
2
VALIC COMPANY I
ATTEST:
By: ---------------------------- By: ------------------------------
Name: Name:
Title: Title:
THE VARIABLE ANNUITY LIFE INSURANCE COMPANY
ATTEST:
By: ---------------------------- By: ------------------------------
Name: Name:
Title: Title:
3
SCHEDULE A
PORTFOLIOS OF
VALIC COMPANY I
AVAILABLE FOR PURCHASE BY
THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK
UNDER THIS AGREEMENT
(As of April 30, 2013 except as otherwise indicated below)
Administrative Service Fee
Fund Name Separate Account Pursuant to Section 3.2(e)
--------- ------------------------- --------------------------
International Equities The United States Life
Fund Insurance [__%]
Company
Mid Cap Index Fund In the City of New York
Money Market I Fund Separate Account USL VA-R
Nasdaq-100 Index Fund Established: August 8,
1997
Science & Technology Fund
Small Cap Index Fund
Stock Index Fund
Dynamic Allocation Fund The United States Life
Insurance [__%]
Company
Emerging Economies Fund In the City of New York
Foreign Value Fund Separate Account USL VL-R
International Equities Established: August 8,
Fund 1997
Mid Cap Index Fund
Money Market I Fund
Nasdaq-100 Index Fund
Science & Technology Fund
Small Cap Index Fund
Stock Index Fund
International Equities The United States Life
Fund Insurance [__%]
Company
Mid Cap Index Fund In the City of New York
Small Cap Index Fund Separate Account USL B
Established: June 5, 1986
* The parties hereto agree that this Schedule A may be revised and replaced as
necessary to accurately reflect the Portfolios of the Fund covered under this
Agreement.
4