Contract
Exhibit 24(b)(8.50) |
FIFTH AMENDMENT TO |
THE SELLING AND SERVICES AGREEMENT AND PARTICIPATION |
AGREEMENT |
This Fifth Amendment dated as of November 1, 2012 (the “Amendment”) by and among |
Columbia Management Investment Distributors, Inc. (formerly RiverSource Fund Distributors, |
Inc.) (“Distributor”), Columbia Management Investment Services Corp. (formerly RiverSource |
Service Corporation) ( “Transfer Agent”), ING Life Insurance and Annuity Company (“ING |
Life”), ING Institutional Plan Services, LLC (“ING Institutional”) and ING Financial |
Advisers, LLC (“ING Financial”) (collectively, “ING), to the Selling and Services Agreement |
and Fund Participation Agreement dated September 26, 2005, (the “Agreement”), as amended on |
April 1, 2008, February 18, 2009, including the assignment of the Agreement in a letter dated |
March 12, 2010, and March 21, 2011. Terms defined in the Agreement are used herein as |
therein defined. |
RECITALS |
WHEREAS, it is anticipated that certain features for Class A, R3, R4, R5, Y and Z shares |
of the Columbia Funds (the “Funds”) will be changing in the fourth quarter of 2012 and the first |
quarter of 2013, including certain changes to Fund share class names, fee structures, and |
eligibility requirements; the reopening of certain Fund share classes; and the partial closing of |
certain Fund share classes; |
WHEREAS, among other changes, it is anticipated that existing Class R4 shares will be |
re-named Class K shares on or about October 25, 2012; |
WHEREAS, among other changes, it is anticipated that existing Class R3 shares will then |
be re-named Class R4 shares on or about October 31, 2012 and will no longer be subject to a |
___% distribution fee or ___% plan administration fee effective November 1, 2012; |
WHEREAS, all changes to Fund share class features, including those features |
specifically referenced in these Recitals, shall be effective on the dates specified in each |
applicable Prospectus, as supplemented; |
WHEREAS, the Transfer Agent, the Distributor and ING are parties to the Agreement |
and desire to amend the Agreement in the manner hereinafter set forth; |
NOW, THEREFORE, the parties agree as follows: |
1. Fee Schedule. Schedule C of the Agreement is revised in its entirety to read in the form |
attached hereto. ING acknowledges the anticipated name changes to Class R3 and R4 shares |
referenced in the Recital clauses. ING also acknowledges and agrees that Fees are payable |
Document Number: 328097 |
only with respect to shares maintained in omnibus accounts and are subject to the eligibility | ||
requirements for each Fund share class. | ||
2 | . | Amendment. This Amendment may be executed by the parties hereto in separate |
counterparts, each of which when so executed and delivered shall be an original but all of | ||
which taken together will constitute one and the same instrument. | ||
As modified herein, the Agreement is confirmed and shall remain in full force and effect. |
IN WITNESS WHEREOF, the parties hereto have executed and delivered this | ||
Amendment as of the date and year first above written. | ||
ING Life Insurance and Annuity Company | Columbia Management Investment | |
Distributors, Inc. | ||
By: /s/ Xxxx Xxxxxxx | By: /s/ Xxxxx Xxxxxxx | |
Name: Xxxx Xxxxxxx | Name: Xxxxx Xxxxxxx | |
Title: Vice President | Title Vice President | |
ING Institutional Plan Services, LLC | Columbia Management Investment | |
Services Corp. | ||
By: /s/ Xxxx Xxxxxxx | By: /s/ Xxxxx X. Xxxxx | |
Name: Xxxx Xxxxxxx | Xxxxx X. Xxxxx | |
Title: Vice President | Vice President | |
ING Financial Advisers, LLC | ||
By: /s/ Xxxxx Xxxxxx | ||
Name: Xxxxx Xxxxxx | ||
Title: Vice President | ||
Document Number: 328097 |
SCHEDULE C | ||||||
COMPENSATION | ||||||
In consideration of the Administrative Services provided by ING pursuant to the | ||||||
Agreement to which this is attached, Transfer Agent shall pay ING an amount equal to ___ bps | ||||||
on Class A, R, and R4 Shares; ___ bps on Class Z Shares; ___ bps on Class K and R5 | ||||||
Shares; and ___ bps on Class Y Shares per annum of the average daily net asset value of Fund | ||||||
Shares held in the Accounts, each calendar quarter. | ||||||
Exceptions: ___ bps on all Index Fund Shares, ___ bps on all Money Market Fund Shares | ||||||
In addition, with respect to Class K Shares, Transfer Agent shall pay ING the Plan | ||||||
Administration Fee collected from the Funds in an amount equal to ___ bps per annum of | ||||||
the average daily net asset value of Class K Shares. | ||||||
ING shall calculate this payment at the end of each calendar quarter and shall forward an | ||||||
invoice in a mutually agreeable electronic format to Transfer Agent, along with such other | ||||||
supporting data as may be reasonably requested by Transfer Agent. Such invoice, at a minimum, | ||||||
shall designate the Funds in which assets are invested and shall identify: (1) the Account | ||||||
number(s) for each Plan, if applicable, (2) the average daily net asset value of Fund shares held | ||||||
in the Account(s) on which the fee is paid and (3) the amount of such fee. Transfer Agent shall | ||||||
make such payment to ING via check as soon as practicable after receipt of the invoice. Failure | ||||||
to submit such invoice to Transfer Agent within 60 days of quarter end may result in Transfer | ||||||
Agent’s inability to pay ING for Administrative Services provided during such quarter. | ||||||
Document Number: 328097 |