EX-99.H9.G 22 h32997bpexv99wh9wg.txt AMEND. TO PARTICIPATION AGREEMENT AMENDMENT TO PARTICIPATION AGREEMENT The Participation Agreement (the "Agreement"), dated as of October 7, 1996, by and among AIM Variable Insurance Funds ("AVIF"), A I M Distributors, Inc. ("UNDERWRITER"), and IDS Life Insurance Company of New York ("LIFE COMPANY"), and American Express Financial Advisors, Inc., is hereby amended as follows: SECTION 2.3 of the Agreement is hereby deleted in its entirety and replaced with the following: 2.3 APPLICABLE PRICE (a) Share purchase payments and redemption orders that result from purchase payments, premium payments, surrenders and other transactions under Contracts (collectively, "Contract transactions") and that LIFE COMPANY receives prior to the close of regular trading on the New York Stock Exchange (or such other time set by the Board for purposes of determining the current net asset value of a Fund in accordance with Rule 22c-1 under the 1940 Act) on a Business Day will be executed at the net asset values of the appropriate Funds next computed after receipt by AVIF or its designated agent of the orders. For purposes of this Section 2.3(a), LIFE COMPANY shall be the designated agent of AVIF for receipt of orders relating to Contract transactions, in accordance with all applicable provisions of Section 22(c) and Rule 22c-1 under the 1940 Act, on each Business Day and receipt by such designated agent shall constitute receipt by AVIF; provided that AVIF receives notice of such orders by 9:00 a.m. Central Time on the next following Business Day or such later time as computed in accordance with Section 2.1(b) hereof. (b) All other Share purchases and redemptions by LIFE COMPANY will be effected at the net asset values of the appropriate Funds next computed after receipt by AVIF or its designated agent of the order therefor, and such orders will be irrevocable. SECTION 6.3 of the Agreement is hereby deleted in its entirety and replaced with the following: 6.3 FUNDS TO REMAIN AVAILABLE Notwithstanding any termination of this Agreement by LIFE COMPANY, AVIF will, at the option of LIFE COMPANY, continue to make available additional shares of the Fund pursuant to the terms and conditions of this Agreement, for all Contracts in effect on the effective date of termination of this Agreement (hereinafter referred to as "Existing Contracts"), unless AIM or the Board determines that doing so would be detrimental to the other shareholders of the affected Funds or would be inconsistent with applicable law or regulation. Specifically, without limitation, the owners of the Existing Contracts will be permitted to reallocate investments in the Fund (as in effect on such date), redeem 1 investments in the Fund and/or invest in the Fund upon the making of additional purchase payments under the Existing Contracts. The parties agree that this Section 6.3 will not apply to any (i) terminations under Section 5 and the effect of such terminations will be governed by Section 5 of this Agreement or (ii) any rejected purchase and/or redemption order as described in Section 2.3(c) hereof. SECTION 21 is hereby added to the Agreement: SECTION 21. FORCE MAJEURE Each Party shall be excused from the performance of any of its obligations to the other where such nonperformance is occasioned by any event beyond its control which shall include, without limitation, any applicable order, rule or regulation of any federal, state or local body, agency or instrumentality with jurisdiction, work stoppage, accident, natural disaster, war, acts of terrorism or civil disorder, provided that the Party so excused shall use all reasonable efforts to minimize its nonperformance and overcome, remedy, cure or remove such event as soon as is reasonably practicable, and such performance shall be excused only for so long as, in any given case, the force or circumstances making performance impossible shall exist. 2 SCHEDULE A - FUNDS AVAILABLE UNDER THE CONTRACTS, of the Agreement is hereby deleted in its entirety and replaced with the following: SCHEDULE A FUNDS AVAILABLE UNDER THE CONTRACTS AIM V.I. Aggressive Growth Fund AIM V.I. Balanced Fund AIM V.I. Basic Value Fund AIM V.I. Blue Chip Fund AIM V.I. Capital Appreciation Fund AIM V.I. Capital Development Fund AIM V.I. Core Equity Fund AIM V.I. Dent Demographic Trends Fund AIM V.I. Diversified Income Fund AIM V.I. Government Securities Fund AIM V.I. Growth Fund AIM V.I. High Yield Fund AIM V.I. International Growth Fund AIM V.I. Large Cap Growth Fund AIM V.I. Mid Cap Core Equity Fund AIM V.I. Money Market Fund AIM V.I. Premier Equity Fund AIM V.I. Real Estate Fund AIM V.I. Small Cap Equity Fund INVESCO VIF - Core Equity Fund (name will be changed to AIM V.I. Core Stock Fund on October 15, 2004) INVESCO VIF - Dynamics Fund (name will be changed to AIM V.I. Dynamics Fund on October 15, 2004) INVESCO VIF - Financial Services Fund (name will be changed to AIM V.I. Financial Services Fund on October 15, 2004) INVESCO VIF - Health Sciences Fund (name will be changed to AIM V.I. Health Sciences Fund on October 15, 2004) INVESCO VIF - Leisure Fund (name will be changed to AIM V.I. Leisure Fund on October 15, 2004) INVESCO VIF - Small Company Growth Fund (name will be changed to AIM V.I. Small Company Growth Fund on October 15, 2004) INVESCO VIF - Technology Fund (name will be changed to AIM V.I. Technology Fund on October 15, 2004) INVESCO VIF - Total Return Fund (name will be changed to AIM V.I. Total Return Fund on October 15, 2004) INVESCO VIF - Utilities Fund (name will be changed to AIM V.I. Utilities Fund on October 15, 2004) SEPARATE ACCOUNTS USING SOME OR ALL OF THE FUNDS IDS Life of New York Variable Annuity Account IDS Life of New York Account 8 CONTRACTS FUNDED BY THE SEPARATE ACCOUNTS American Express Retirement Advisor Advantage Plus(SM) Variable Annuity (New York) American Express Retirement Advisor Advantage(SM) Variable Annuity (New York) American Express Retirement Advisor Select Plus(SM) Variable Annuity (New York) American Express Retirement Advisor Select(SM) Variable Annuity (New York) American Express Retirement Advisor Variable Annuity(R) (New York) IDS Life of New York Flexible Portfolio Annuity 3 CONTRACTS FUNDED BY THE SEPARATE ACCOUNTS (CONT'D) IDS Life of New York Succession Select(SM) Variable Life Insurance IDS Life of New York Variable Second-To-Die Life Insurance IDS Life of New York Variable Universal Life III IDS Life of New York Variable Universal Life Insurance IDS Life of New York Variable Universal Life IV IDS Life of New York Variable Universal Life IV - Estate Series 4 All other terms and provisions of the Agreement not amended herein shall remain in full force and effect. Effective date: April 30, 2004 AIM VARIABLE INSURANCE FUNDS Attest: /s/ Jim A. Coppedge By: /s/ Robert H. Graham ----------------------------- ------------------------------------ Name: Jim A. Coppedge Name: Robert H. Graham Title: Assistant Secretary Title: President A I M DISTRIBUTORS, INC. Attest: /s/ Jim A. Coppedge By: /s/ Gene L. Needles ----------------------------- ------------------------------------ Name: Jim A. Coppedge Name: Gene L. Needles Title: Assistant Secretary Title: President IDS LIFE INSURANCE COMPANY OF NEW YORK Attest: /s/ Paul R. Johnston By: /s/ Gumer C. Alvero ----------------------------- ------------------------------------ Name: Name: ------------------------------- ---------------------------------- Title: Title: ------------------------------ --------------------------------- AMERICAN EXPRESS FINANCIAL ADVISORS, INC. Attest: /s/ Paul R. Johnston By: /s/ Gumer C. Alvero ----------------------------- ------------------------------------ Name: Name: ------------------------------- ---------------------------------- Title: Title: ------------------------------ --------------------------------- 5