EX-99.8.D.2 3 dex998d2.txt SECOND AMENDMENT TO FUND PARTICIPATION AGREEMENT Exhibit 8(d)(2) SECOND AMENDMENT TO FUND PARTICIPATION AGREEMENT The Fund Participation Agreement (the "Agreement"), entered into as of September 17, 1996, between Lincoln Life & Annuity Company of New York (the "Insurance Company"); Dreyfus Variable Investment Fund, The Dreyfus Socially Responsible Growth Fund, Inc. and Dreyfus Life and Annuity Index Fund, Inc. (d/b/a Dreyfus Stock Index) (each a "Fund") is hereby amended as of August 1, 2002 as follows: Section 3.4 (a.) to the Agreement is hereby amended to add the following provision in its entirety: In the event of any material error in the calculation or communication of net asset value, dividends or capital gain information or any delay in the communication, the responsible party or parties shall reimburse the Company for any losses or reasonable costs incurred as a result of the error or delay, including but not limited to, amounts needed to make contractowners whole and reasonable administrative costs necessary to correct the error. ARTICLE XII. NOTICE is hereby amended such that the addresses for the Insurance Company are replaced in its entirety with the following: Insurance Company: Lincoln Life & Annuity Company of New York C/O The Lincoln National Life Insurane Company 1300 South Clinton Street Fort Wayne IN 46802 Attn: Steven M. Kluever Second Vice President Facsimile: (260) 455-1773 IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to be executed in its name and behalf by its duly authorized officer on the date specified below. DREYFUS VARIABLE INVESTMENT FUND Date: 9/4/2002 By: /s/ Steven F. Newman --------------------- --------------------------- Name: Steven F. Newman ------------------------- Title: Assistant Secretary ------------------------ THE DREYFUS SOCIALLY RESPONSIBLE GROWTH FUND, INC. Date: 9/4/2002 By: /s/ Steven F. Newman --------------------- --------------------------- Name: Steven F. Newman ------------------------- Title: Secretary ------------------------ DREYFUS LIFE AND ANNUITY INDEX FUND, INC. (d/b/a Dreyfus Stock Index Fund) Date: 9/4/2002 By: /s/ Steven F. Newman --------------------- --------------------------- Name: Steven F. Newman ------------------------- Title: Assistant Secretary ------------------------ LINCOLN LIFE & ANNUITY COMPANY OF NEW YORK Date: 9/9/02 By: /s/ Steven M. Kluever --------------------- --------------------------- Name: Steven M. Kluever Title: Second Vice President