FOURTH AMENDMENT TO THE SELLING AND SERVICES AGREEMENT AND PARTICIPATION AGREEMENT
Exhibit 24(b)(8.47) | |
FOURTH AMENDMENT TO | |
THE SELLING AND SERVICES AGREEMENT AND PARTICIPATION AGREEMENT | |
This Fourth Amendment dated as of August 11, 2011 (the "Amendment") by and among | |
Columbia Management Investment Distributors, Inc. ("Distributor"), Columbia Management | |
Investment Services Corp. ("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, March 21, 2011 and including the assignment of the Agreement in a letter | |
dated March 12, 2010. Terms defined in the Agreement are used herein as therein defined. | |
RECITALS | |
WHEREAS, the parties wish to amend the Agreement to modify the payment terms; | |
NOW, THEREFORE, in consideration of the promises and mutual covenants contained, the | |
parties agree as follows: | |
1. Schedule C to the Agreement is hereby replaced by the Schedule C attached hereto. | |
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 | ING Financial Advisers, LLC |
By: /s/Xxxx X. Xxxxxxx | By: /s/Xxxxx Xxxxxx |
Name: Xxxx X. Xxxxxxx | Name: Xxxxx Xxxxxx |
Title: Vice President | Title: COO/VP |
ING Institutional Plan Services, LLC | |
By: /s/Xxxx X. Xxxxxxx | |
Name: Xxxx X. Xxxxxxx | |
Title: Vice President | |
Columbia Management | Columbia Management |
Investment Services Corp. | Investment Distributors, Inc. |
By: /s/Xxxxx X. Xxxxx | By: /s/Xxxx X. Xxxxx |
Xxxxx X. Xxxxx | Xxxx X. Xxxxx |
Vice President | Senior Vice President |
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Schedule C | ||
COMPENSATION | ||
In consideration of the Administrative Services provided by Intermediary pursuant to the | ||
Agreement to which this is attached, Transfer Agent shall pay Intermediary an amount equal to __ | ||
bps on A Shares, __ bps on R Shares, __ bps on R3 Shares, __ bps on R4 Shares, __ bps on R5 | ||
Shares and __ bps on Z Shares per annum of the average daily net asset value of Fund shares held | ||
in the Accounts, other than money market Fund shares, each calendar quarter. | ||
Exception: | __ bps on A Share Index Funds, R Share Index Funds and Z Share Index Funds | |
In addition, with respect to Class R3 and Class R4 shares, Transfer Agent shall pay Intermediary | ||
the non 12b-1 service fee collected from the Funds in an amount equal to __ bps per annum of | ||
the average daily net asset value of Class R3 and Class R4 Fund shares. | ||
Intermediary shall calculate this payment at the end of each calendar quarter and shall | ||
forward an invoice 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 Intermediary 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 Intermediary for Administrative | ||
Services provided during such quarter. | ||
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