EX-99.8(F)(II) 17 ex998fii.txt AMEND NO. 2 TO PARTICIPATION AGRMT-OPPENHEIMER AMENDMENT NUMBER 2 TO MAY 1, 2003 PARTICIPATION AGREEMENT BETWEEN FIRST SECURITY BENEFIT LIFE INSURANCE AND ANNUITY COMPANY OF NEW YORK, OPPENHEIMER VARIABLE ACCOUNT FUNDS AND OPPENHEIMERFUNDS, INC. WHEREAS, First Security Benefit Life Insurance and Annuity Company of New York (the "Company"), Oppenheimer Variable Account Funds (the "Fund") and OppenheimerFunds, Inc. (the "Adviser") are parties to a Participation Agreement dated May 1, 2003 (the "Agreement"); and WHEREAS, terms of the Agreement contemplate that Accounts and Contracts of the Company that are eligible to purchase Designated Portfolios of the Fund may be changed from time to time by amending Schedule A to the Agreement; 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 below; and SCHEDULE A ACCOUNT(S) CONTRACT(S) DESIGNATED PORTFOLIO(S) Variable Account A AdvisorDesigns NY Oppenheimer Main Street Small Cap Fund/VA-Service Variable Account A EliteDesigns NY Oppenheimer Main Street Small Cap Fund/VA-Service Variable Account B AdvanceDesigns NY Oppenheimer Main Street Small and SecureDesignsNY Cap Fund/VA-Service WHEREAS, capitalized terms used but not defined herein, 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 replace in its entirety the existing Schedule A to the Agreement with the Schedule A above. IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment #2 to the Agreement to be executed in its name and on its behalf by its duly authorized representative effective October 1, 2006. FIRST SECURITY BENEFIT LIFE INSURANCE AND ANNUITY COMPANY OF NEW YORK By: /s/ Thomas A. Swank ------------------- Name: Thomas A. Swank Title: SVP - CFO OPPENHEIMER VARIABLE ACCOUNT FUNDS By: /s/ Brian W. Wuted ------------------ Name: Brian W. Wuted -------------- Title: Treasurer --------- OPPENHEIMERFUNDS, INC. By: /s/ Christine J. Lostus ----------------------- Name: Christine J. Lostus ------------------- Title: Vice President --------------