TIAA-CREF LIFE FUNDS AMENDED AND RESTATED EXPENSE REIMBURSEMENT AGREEMENT
Exhibit (d)(6)
AMENDED AND RESTATED
EXPENSE REIMBURSEMENT AGREEMENT
This Agreement is entered into effective as of May 1, 2023 by and between TIAA-CREF Life Funds (the “Trust”), a Delaware statutory trust, and Teachers Advisors, LLC (“Advisors”), a Delaware corporation.
WHEREAS, the Trust is an open-end diversified management investment company currently consisting of a number of investment portfolios, which may consist of one or more classes (collectively, the “Funds”).
WHEREAS, Advisors and the Trust have entered into an Investment Advisory Agreement (the “Investment Advisory Agreement”) providing for investment advisory services to be provided by Advisors to the Funds for an investment advisory fee; and
WHEREAS, with respect to the Funds, the parties hereto wish to lessen the impact of the total ordinary operating expenses of the Funds (collectively, the “Total Expenses”);
NOW, THEREFORE, the parties do hereby agree as follows:
| 1. | Term of Agreement. With respect to each Fund, this Agreement shall continue in force until the close of business on April 30, 2024, unless earlier terminated by written agreement of the parties hereto. |
| 2. | Reimbursement of Expenses of the Funds. Advisors hereby agrees to reimburse the Funds for the Total Expenses of the Funds that exceed, on an annual basis, the percentages of average daily net assets set forth on Exhibit A. Total Expenses under this Agreement shall not be construed to include interest, taxes, brokerage commissions or other transactional expenses, Acquired Fund Fees and Expenses (as defined in the Securities and Exchange Commission’s Form N-1A) or any Extraordinary Expenses incurred by a Fund. Extraordinary Expenses shall include, but not be limited to: litigation costs and claims and other expenses not incurred in the ordinary course of a Fund’s business. |
| 3. | Amount and Frequency of Reimbursements. The amount of reimbursement, if any, for each Fund shall be determined monthly. The frequency of such reimbursements shall be made from time to time as agreed upon between the Trust and Advisors. |
| 4. | Assignment and Modification. This Agreement may be modified or assigned only by a writing signed by all of the parties. |
| 5. | Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. |
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first written above.
Teachers Advisors, LLC
| /s/ Xxxxxxx Xxxxxxx |
| By: Xxxxxxx Xxxxxxx |
| Title: President |
On behalf of each of the Funds
| /s/ X. Xxxxx Xxxxxxxxx |
| By: X. Xxxxx Xxxxxxxxx |
| Title: Principal Financial Officer, Principal Accounting Officer and Treasurer |
Exhibit A
APPENDIX A
Voluntary Expense Waivers
The expense cap denoted in the following Appendix A to this Exhibit A describes a voluntary expense waiver and has been provided in this Agreement for informational purposes only. It is not otherwise subject to the terms and conditions of this Agreement. This voluntary expense cap shall be in effect from May 1, 2023 to April 30, 2024. For this effective period, this percentage supersedes any other percentage then in effect.
| FUND | TOTAL EXPENSES CAP | |
| Growth & Income Fund | 0.505% |
