AMENDMENT TO PARTICIPATION AGREEMENT
Exhibit (h)(2)
AMENDMENT TO
THIS AMENDMENT is entered into as of November 21, 2022. between The Prudential Insurance Company of America (‘PICA”) and Fidelity Distributors Corporation (“Underwriter” or “Fidelity”) and each of VARIABLE INSURANCE PRODUCTS FUND, VARIABLE INSURANCE PRODUCTS FUND II, VARIABLE INSURANCE PRODUCTS FUND III, and VARIABLE INSURANCE PRODUCTS FUND IV.
WHEREAS, on March 13, 2007, PICA, a life insurance company domiciled in the state of New Jersey, entered into a Participation Agreement (together with all amendments thereto, the “Agreement”) with Fidelity, a Massachusetts corporation, and each of VARIABLE INSURANCE PRODUCTS FUND, VARIABLE INSURANCE PRODUCTS FUND II, VARIABLE INSURANCE PRODUCTS FUND III, and VARIABLE INSURANCE PRODUCTS FUND IV, each an unincorporated business trust organized under the laws of the Commonwealth of Massachusetts, to allow PICA’s insurance company separate accounts funding certain variable life and annuity registered insurance products (on its own behalf and on behalf of each separate account or “Account”) to invest in these series of Fidelity investment funds.
WHEREAS, the parties hereto wish to add to the scope of this Agreement certain PICA Accounts (The Prudential Variable Contract Account-2 (“VCA 2”) and The Prudential Variable Contract Account-10 (“VCA 10”), referred to hereafter as “Empower Administered Accounts”) which will be administered by Empower Annuity Insurance Company (“Administrator”) pursuant to the PICA FSS Administrative Services Agreement (New York) dated April 1, 2022 between PICA and Great-West Life and Annuity Company (“GWLAC”) and the PICA FSS Administrative Services Agreement (New York) dated April 1, 2022 between PICA and GWLAC (Non-New York) (the “PICA FSS ASAs”) .
WHEREAS, the parties agree to update the Agreement and its applicable schedules to reflect these changes.
NOW, THEREFORE, the parties agree to amend the Agreement as follows:
1. | Article XI, “Notices,” is hereby amended to add the Administrator’s address: |
Empower Annuity Insurance Company
000 Xxxxxxxx Xxxxxx
Xxxxxxxx, Conn. 06103
Attention: Empower Law Department, Product Law Division
2. | Article XII is hereby amended to add the following section 12.10: |
12.10 No amendment nor modification of the terms of this Agreement shall be effective unless such amendment or modification is (i) made in writing (including a writing evidenced by a facsimile transmission) and (ii) signed by the parties hereto. No waiver to this Agreement will be effective unless in writing and executed by the parties hereto.
3. | By deleting Schedule A-1 and replacing it with Schedule A-1 attached hereto. |
IN WITNESS WHEREOF, the parties have caused this amendment to be executed by their duly authorized officers.
FIDELITY DISTRIBUTORS CORPORATION | ||
By: | /s/ Xxxxxx Xxxxxxx | |
Name: | Xxxxxx Xxxxxxx | |
Title: | EVP |
VARIABLE INSURANCE PRODUCTS FUND, VARIABLE INSURANCE PRODUCTS FUND II, VARIABLE INSURANCE PRODUCTS FUND III, and VARIABLE INSURANCE PRODUCTS FUND IV | ||
By: | /s/ Xxxx Xxxxx | |
Name: | Xxxx Xxxxx | |
Title: | Assistant Treasurer | |
THE PRUDENTIAL INSURANCE COMPANY OF AMERICA | ||
By: | /s/ Xxxxx La Tournous | |
Name: | Xxxxx Xx Xxxxxxxx | |
Title: | VP, Prudential |
Schedule A-1
Separate Accounts of the Company
Registered under the 1940 Act as Unit Investment Trusts
The following separate accounts of the Company are subject to the Agreement:
Name of Account | Date Established by the Board of Directors | SEC 1940 Act Registration Number | Type of Product Supported by the Account | |||
Prudential Variable Contract Account (VCA-GI-2) | June 24, 1988 | 811-07545 | Variable Life Insurance | |||
The Prudential Variable Contract Account 2 (VCA 2) | January 9, 1968 | 811-01612 | Variable Annuity Insurance | |||
The Prudential Variable Contract Account 10 (VCA 10) | March 1, 1982 | 811-03421 | Variable Annuity Insurance |
Variable Annuity and Variable Life Insurance Contracts Registered under the Securities Act of 1933
The following Contracts are subject to the Agreement:
Name of the Xxxxxxxx | Xxxxxxxxx Xxxxx | XXX 0000 Xxx Registration Number | Type of Product Supported by the Account | |||
PruBenefit Select | Service Class of:
VIP Contrafund Portfolio VIP Equity Income Portfolio VIP Index 500 Portfolio VIP Investment Grade Bond Portfolio VIP Mid Cap Portfolio VIP Money Market Portfolio VIP Overseas Portfolio VIP Value Leaders Portfolio VIP Value Strategies Portfolio VIP Freedom 2015 Portfolio VIP Freedom 2020 Portfolio VIP Freedom 2025 Portfolio VIP Freedom 2030 Portfolio |
333-137572 | Variable Life Insurance | |||
Group Variable Life Insurance Contract | 333-01031 | Variable Life Insurance |
VCA 2 Group Variable Annuity Contract | VCA 2 invests wholly in The Fidelity VIP Index 500 Portfolio | 002-28316 | Variable Annuity Insurance | |||
The Medley Program | VCA 10 invests wholly in The Fidelity VIP Index 500 Portfolio | 002-76580 | Variable Annuity Insurance |