AMENDMENT NO. 4
PARTICIPATION AGREEMENT
The Participation Agreement (the "Agreement"), dated October 1, 2002, by
and among AIM Variable Insurance Funds (Invesco Variable Insurance Funds), a
Delaware trust ("AVIF (IVIF)"); Invesco Distributors, Inc., a Delaware
corporation, CMFG Life Insurance Company (f/k/a CUNA Mutual Insurance Society),
an Iowa life insurance company, and CUNA Brokerage Services Inc., is hereby
amended as follows:
WHEREAS, effective January 31, 2012, CUNA Mutual Insurance Society had a
name change to CMFG Life Insurance Company. All references to CUNA Mutual
Insurance Society will hereby be deleted and replaced with CMFG Life Insurance
Company.
"Separate Accounts Utilizing The Funds" in Schedule A of the Agreement is hereby
replaced with the following:
SEPARATE ACCOUNTS UTILIZING THE FUNDS
-------------------------------------
o CMFG Group Variable Annuity Account
o CMFG Variable Annuity Account
The following is added under: "SECTION 2 PROCESSING TRANSACTIONS" before SECTION
2.1(a):
"Notwithstanding the provisions of paragraph (b) of this Section
2.1, the Parties agree to communicate, process and settle purchase and
redemption transactions for Shares (collectively, "Share transactions")
via the Fund/SERV and Networking systems of the National Securities
Clearing Corporation (hereinafter, "NSCC"). LIFE COMPANY and AVIF (IVIF)
each represents and warrants that it: (a) has entered into an agreement
with NSCC, (b) has met and will continue to meet all of the requirements
to participate in Fund/SERV and Networking, and (c) intends to remain at
all times in compliance with the then current rules and procedures of
NSCC, all to the extent necessary or appropriate to facilitate such
communications, processing, and settlement of Share transactions. AVIF
(IVIF) agrees to provide LIFE COMPANY with account positions and activity
data relating to Share transactions via Networking. LIFE COMPANY shall
place trades for the previous Business Day with NSCC using Defined
Contribution Clearance & Settlement (hereinafter, "DCC&S") indicators, no
later than 8:00 a.m. Central Time, and LIFE COMPANY shall pay for Shares
by the scheduled close of federal funds transmissions on the same
Business Day on which it places an order to purchase Shares in accordance
with this section. Payment shall be in federal funds transmitted by wire
from the designated NSCC Settling Bank (on behalf of the LIFE COMPANY).
For purposes of this Agreement, "Fund/SERV" shall mean NSCC's
system for automated, centralized processing of mutual fund purchase and
redemption orders, settlement, and account registration; "Networking"
shall
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mean NSCC's (Level Three) system that allows mutual funds and life
insurance companies to exchange account level information electronically;
"DCC&S" shall refer to an NSCC program that facilitates the automated
processing and reporting of defined contribution transactions among asset
managers, plan trustees, and plan administrators, including third-party
administrators; and "Settling Bank" shall mean the entity appointed by
AVIF (IVIF) to perform such settlement services on behalf of AVIF (IVIF),
which agrees to abide by NSCC's then current rules and procedures insofar
as they relate to same day funds settlement. In all cases, processing and
settlement of Share transactions shall be done in a manner consistent
with applicable law.
In the event that any Party is prohibited from communicating,
processing or settling Share transactions via Fund/SERV or Networking,
such Party shall notify the other Parties by 9:00 a.m. Central Time.
After all Parties have been notified, the provisions of paragraphs (b)
and (c) of this Section 2.1 shall apply."
All other terms and provisions of the Agreement not amended herein shall
remain in full force and effect. Unless otherwise specified, all defined terms
shall have the same meaning given to them in the Agreement.
Effective date: July 1, 2012.
AIM VARIABLE INSURANCE FUNDS
(INVESCO VARIABLE INSURANCE FUNDS)
Attest: /s/ Xxxxxxx Xxxxxxx By: /s/ Xxxx X. Xxxx
------------------------ ------------------------
Name: Xxxxxxx Xxxxxxx Name: Xxxx X. Xxxx
Title: Assistant Secretary Title: Senior Vice/President
INVESCO DISTRIBUTORS, INC.
Attest: /s/ Xxxxxxx Xxxxxxx By: /s/ Xxxxx X. Xxxxxxxxx
------------------------ ------------------------
Name: Xxxxxxx Xxxxxxx Name: Xxxxx X. Xxxxxxxxx
Title: Assistant Secretary Title: President
CMFG LIFE INSURANCE COMPANY
Attest: /s/ Xxxxx X. Xxxxxx By: /s/ Xxxxx X. Xxxx
------------------------ ------------------------
Name: Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxx
Title: Sr. Law Specialist Title: Sr. Vice President
CUNA BROKERAGE SERVICES, INC.
Attest: /s/ Xxxxx X. Xxxxxx By: /s/ Xxxxx X. Xxxx
------------------------ ------------------------
Name: Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxx
Title: Sr. Law Specialist Title: President
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