X. X. XXXXXX SERIES TRUST II
AMENDMENT TO FUND PARTICIPATION AGREEMENT
The insurance company executing this Amendment, Columbus Life Insurance Company
("Insurance Company"), and X.X. Xxxxxx Series Trust II (the "Trust"), on behalf
of itself and each of its series (each a "Fund", collectively, the "Funds"),
hereby agree to amend the Fund Participation Agreement dated February 6, 2003,
to which they are parties (the "Agreement"), as of April 17, 2007, by adding the
following provisions effective as of October 16, 2007, as mandated by Rule 22c-2
of the Investment Company Act of 1940 (the "Investment Company Act"). This
Amendment supplements the Agreement; to the extent terms of this Amendment
conflict with the terms of the Agreement, the terms of this Amendment shall
control.
ARTICLE XV SHAREHOLDER INFORMATION
15.1 AGREEMENT TO PROVIDE INFORMATION. Insurance Company agrees to
provide the Fund, or its designee, upon written request, the taxpayer
identification number ("TIN"), the Individual/International Taxpayer
Identification Number ("ITIN"), or other government-issued identifier
("GII"), and the Contract owner number or participant account number
associated with the Shareholder, if known, of any or all Shareholder(s)
of the account, and the amount, date and transaction type (purchase,
redemption, transfer, or exchange) of every purchase, redemption,
transfer, or exchange of Shares held through an Insurance Company Fund
Account maintained by the Insurance Company during the period covered
by the request. Unless otherwise specifically requested by the Fund,
the Intermediary shall only be required to provide information relating
to Shareholder-Initiated Transfer Purchases or Shareholder-Initiated
Transfer Redemptions.
15.l.1 Period Covered by Request. Requests must set forth a
specific period, not to exceed 90 days from the date of the
request, for which transaction information is sought. A request
may be ongoing and continuous (e.g., for each trading day
throughout the year) or for specified periods of time. The Fund
may request transaction information older than 90 days from the
date of the request as it deems necessary to investigate
compliance with policies established or utilized by the Fund for
the purpose of eliminating or reducing market timing and abusive
trading practices.
15.l.l.a Timing of Requests. Fund requests for
Shareholder information shall be made no more frequently
than quarterly except as the Fund deems necessary to
investigate compliance with policies established by the
Fund for the purpose of eliminating or reducing any
market timing and abusive trading practices.
15.1.2 Form and Timing of Response. (a) Insurance Company agrees
to provide, promptly upon request of the Fund or its designee,
the requested information specified in 15.1. If requested by the
Fund, or its designee,
Insurance Company agrees to use best efforts to determine
promptly whether any specific person about whom it has
received the identification and transaction information
specified in 15.1 is itself a financial intermediary
("indirect intermediary") and, upon further request of the
Fund, or its designee, promptly either (i) provide (or arrange
to have provided) the information set forth in 15.1 for those
shareholders who hold an account with an indirect intermediary
or (ii) restrict or prohibit the indirect intermediary from
purchasing, in nominee name on behalf of other persons,
securities issued by the Fund. Insurance Company additionally
agrees to inform the Fund whether it plans to perform (i) or
(ii). (b) Responses required by this paragraph must be
communicated in writing and in a format mutually agreed upon
by the Fund or its designee and the Insurance Company; and (c)
To the extent practicable, the format for any transaction
information provided to the Fund should be consistent with the
NSCC Standardized Data Reporting Format.
15.1.3 Limitations on Use of Information. The Fund agrees
not to use the information received pursuant to this
Amendment for any purpose other than as necessary to
comply with the provisions of Rule 22c-2 or to fulfill
other regulatory or legal requirements subject to the
privacy provisions of Title V of the Xxxxx-Xxxxx-Xxxxxx
Act (Public Law 106-102) and comparable state laws.
15.2 Agreement to Restrict Trading. Insurance Company agrees to execute
written instructions from the Fund to restrict or prohibit further
purchases or exchanges of Shares by a Shareholder that has been
identified by the Fund as having engaged in transactions of the Fund's
Shares (directly or indirectly through the Insurance Company Fund
Account) that violate policies established by the Fund for the purpose
of eliminating or reducing market timing and abusive trading practices.
Unless otherwise directed by the Fund, any such restrictions or
prohibitions shall only apply to Shareholder-Initiated Transfer
Purchases or Shareholder-Initiated Transfer Redemptions that are
effected directly or indirectly through Insurance Company. Instructions
must be received by us at the following address, or such other address
that Insurance Company may communicate to you in writing from time to
time, including, if applicable, an e-mail and/or facsimile telephone
number:
15.2.l Form of Instructions. Instructions to restrict or prohibit
trading must include the TIN, ITIN, or GII and the specific
individual Contract owner number or participant account number
associated with the Shareholder, if known, and the specific
restriction(s) to be executed, including how long the
restriction(s) is(are) to remain in place. If the TIN, ITIN, GII
or the specific individual contract owner number or participant
account number associated with the Shareholder is not known, the
instructions must include an equivalent identifying number of the
Shareholder(s) or account(s) or other agreed upon information to
which the instruction relates.
15.2.2 Timing of Response. Insurance Company agrees to execute
instructions as soon as reasonably practicable, but not later
than five business days after receipt of the instructions by the
Intermediary.
15.2.3 Confirmation by Insurance Company. Insurance Company must
provide written confirmation to the Fund that instructions have
been executed. Insurance Company agrees to provide confirmation
as soon as reasonably practicable, but not later than ten
business days after the instructions have been executed.
15.3 Definitions. For purposes of this Amendment:
15.3.1 The term "Insurance Company Fund Account" means an omnibus
account with the Fund maintained by Insurance Company.
15.3.2 The term "Fund" includes JPMorgan Distribution
Services, Inc., which is the Fund's principal underwriter, the
Fund's transfer agent and the series of the Trust listed in
the Agreement.
15.3.3 The term "Shares" means the interests of Shareholders
corresponding to the redeemable securities of record issued by
the Fund under the Investment Company Act that are held by or
through an Insurance Company Fund Account.
15.3.4 The term "Shareholder" means the holder of interests in a
variable annuity or variable life insurance contract issued by
the Insurance Company ("Contract"), or a participant in an
employee benefit plan with a beneficial interest in a Contract.
15.3.5 The term "Shareholder-Initiated Transfer Purchase" means a
transaction that is initiated or directed by a Shareholder that
results in a transfer of assets within a Contract to a Fund, but
does not include transactions that are executed: (i)
automatically pursuant to a contractual or systematic program or
enrollment such as transfer of assets within a Contract to a Fund
as a result of "dollar cost averaging" programs, insurance
company approved asset allocation programs, or automatic
rebalancing programs; (ii) pursuant to a Contract death benefit;
(iii) one-time step-up in Contract value pursuant to a Contract
death benefit; (iv) allocation of assets to a Fund through a
Contract as a result of payments such as loan repayments,
scheduled contributions, retirement plan salary reduction
contributions, or planned premium payments to the Contract; or
(v) pre-arranged transfers at the conclusion of a required free
look period.
15.3.6 The term "Shareholder-Initiated Transfer Redemption" means
a transaction that is initiated or directed by a Shareholder that
results in a transfer of assets within a Contract out of a Fund,
but does not include transactions that are executed: (i)
automatically pursuant to a contractual or
systematic program or enrollments such as transfers of assets
within a Contract out of a Fund as a result of annuity
payouts, loans, systematic withdrawal programs, insurance
company approved asset allocation programs and automatic
rebalancing programs; (ii) as a result of any deduction of
charges or fees under a Contract; (iii) within a Contract out
of a Fund as a result of scheduled withdrawals or surrenders
from a Contract; or (iv) as a result of payment of a death
benefit from a Contract.
15.3.7 The term "written" and/or "in writing" includes electronic
writings and facsimile transmissions.
15.3.8 The term "Insurance Company" shall mean a "financial
intermediary" as defined in Rule 22c-2 of the Investment Company
Act.
15.3.9 The term "purchase" does not include the automatic
reinvestment of dividends.
15.3.10 The term "promptly" as used in 15.1.2 shall mean as soon
as practicable but in no event later than 10 business days from
the Insurance Company's receipt of the request for information
from the Fund, or its designee.
Columbus Life Insurance Company
Authorized Signer:________________________
Name: X.X. Xxxxxx
____________________________________
Title: President
___________________________________
Date: March 5, 2007
____________________________________
Authorized Signer:________________________
Name: Xxxxxx X. Xxxxxxxxx
____________________________________
Title: Senior Vice President
___________________________________
Date: March 5, 2007
____________________________________
X.X. Xxxxxx Series Trust II
Authorized Signer: _______________________
Name: ____________________________________
Title: ___________________________________
Date: ____________________________________
