EX-99.(H)(4)(B) 12 d489922dex99h4b.txt FORM OF AMD NO.2 OF FUND PART. BETWEEN USL & AMERICAN FUNDS INS SERIES & CAP RES Exhibit (h) (4) (b) AMENDMENT NO. 2 TO FUND PARTICIPATION AGREEMENT This Amendment No. 2 to the Fund Participation Agreement ("Agreement") dated December 2, 2002 between The United States Life Insurance Company in the City of New York ("USL") (successor by merger to First SunAmerica Life Insurance Company ("First SunAmerica")), American Funds Insurance Series (the "Series") and Capital Research and Management Company ("CRMC") is effective as of April 30, 2013. All capitalized terms used herein and not otherwise defined shall have the meaning ascribed to such term in the Agreement. WHEREAS, effective December 31, 2011, First SunAmerica merged with and into USL, an affiliate, with USL being the surviving company (the "Merger"); and WHEREAS, by consent dated October 17, 2011, the parties to the Agreement consented and agreed to the assumption of such Agreement by USL; and WHEREAS, the parties wish to amend certain provisions of the Agreement in order to add USL variable life insurance products to the Agreement. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, and intending to be legally bound, the Agreement is hereby amended as follows: 1. Any and all references in the Agreement to the Contracts as defined therein shall be deemed to refer to variable universal life insurance policies and variable annuity contracts. 2. Any and all references in the Agreement to First SunAmerica shall be deemed to refer to USL. 3. Section 27 of the Agreement is amended and replaced in its entirety as follows: All notices, consents, waivers, and other communications under this Agreement must be in writing, and will be deemed to have been duly received: (a) when delivered by hand (with written confirmation of receipt); (b) when sent by facsimile (with written confirmation receipt), provided that a copy is mailed by registered mail, return receipt requested; or (c) the day after it is sent by a nationally recognized overnight delivery service, in each case to the appropriate addresses and facsimile numbers set forth below (or to such other addresses and facsimile numbers as a party may designate by notice to the other parties): If to USL: The United States Life Insurance Company in the City of New York 21650 Oxnard Avenue, Suite 750 Woodland Hills, CA 91367-4997 Attn: Vice President, Investment Management Facsimile No.: (818) 251-4949 With copies to: The United States Life Insurance Company in the City of New York 1 SunAmerica Center Los Angeles, CA 90067 Attn: General Counsel Facsimile No.: 310-772-6574 The United States Life Insurance Company in the City of New York 2919 Allen Parkway, L4-01 Houston, TX 77019 Attn: General Counsel Facsimile No.: 713-831-1266 If to the Fund: American Funds Insurance Series 333 S. Hope Street, 55th Floor Los Angeles, CA 90071 Attn: Michael J. Downer, Senior Vice President Facsimile No.: 213-486-9041 If to the Adviser: Capital Research and Management Company 333 S. Hope Street, 55th Floor Los Angeles, CA 90071 Attn: Michael J. Downer, Senior Vice President and Legal Counsel, Fund Business Management Group, and Secretary Facsimile No.: 213-486-9041 In either case with a copy to: Capital Research and Management Company 333 S. Hope Street, 55th Floor Los Angeles, CA 90071 Attn: Kenneth R. Gorvetzian, Vice President and Senior Counsel, Fund Business Management Group Facsimile No.: 213-486-9041 4. Schedules A, B and C to the Agreement are deleted and replaced in their entirety with Schedules A, B and C attached hereto, respectively. 5. All other terms and provisions of the Agreement not amended herein shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto affixed their respective authorized signatures, intending that this Amendment No. 2 be effective as indicated hereinabove. THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK (on behalf of itself and its Accounts) By: ------------------------ Name: Title: AMERICAN FUNDS INSURANCE SERIES By: ------------------------ Name: Title: CAPITAL RESEARCH AND MANAGEMENT COMPANY By: ------------------------ Name: Title: SCHEDULE A CONTRACTS Variable Annuities including, without limitation, the following: Polaris NY Polaris II NY Polaris II A-Class Platinum Series NY Polaris Choice NY Polaris Platinum O-Series NY Variable Universal Life Insurance Policies including, without limitation, the following: Income Advantage Select Protection Advantage Select And other Contracts to which AGL may make the Series available after notice to CRMC and the Series. SCHEDULE B ACCOUNTS FS Variable Separate Account Separate Account USL VL-R SCHEDULE C PARTICIPATING FUNDS - CLASS 2 Asset Allocation Fund Global Growth Fund Growth Fund Growth-Income Fund High-Income Bond Fund International Fund