Amendment to Participation Agreement
Amendment to Participation Agreement
THIS AMENDMENT TO PARTICPATION AGREEMENT is made as of October 5, 2020, by and among Empower Life & Annuity Insurance Company of New York (formerly, Great-West Life & Annuity Insurance Company of New York) (“GWL&ANY”); BNY Mellon Variable Investment Fund (formerly, Dreyfus Variable Investment Fund), BNY Mellon Investment Portfolios (formerly, Dreyfus Investment Portfolios), BNY Mellon Sustainable U.S. Equity Portfolio, Inc. (formerly, The Dreyfus Sustainable U.S. Equity Portfolio, Inc.), BNY Mellon Stock Index Fund, Inc. (formerly, Dreyfus Stock Index Fund) (each, a “Fund”); and BNY Mellon Investment Adviser, Inc. (formerly The Dreyfus Corporation) (“Adviser”) (collectively, the “Parties”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement (defined below).
WHEREAS, the Parties executed a Fund Participation Agreement dated as of May 1, 1999, as amended (the “Agreement”);
WHEREAS, the Parties desire to update the Separate Accounts and Contracts listed in Schedule A and the Designated Portfolios listed in Schedule B of the Agreement;
WHEREAS, the Parties further desire to amend the Agreement to delete Schedule C; and
WHEREAS, the Parties further desire to amend the Agreement for the additional purposes described below.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, which consideration is full and complete, the Parties hereby agree as follows:
1.
Schedule A of the Agreement is deleted and replaced in its entirety with the Schedule A attached hereto.
2.
Schedule B of the Agreement is deleted and replaced in its entirety with the Schedule B attached hereto.
3.
Schedule C of the Agreement is hereby deleted in its entirety.
4.
Section 5.5 of the Agreement is hereby deleted in its entirety and replaced with the following:
5.5
GWL&ANY, or its designated administrator, agrees to provide certain administrative services in connection with the arrangements contemplated by this Agreement in exchange for an administrative service fee. Such services and administrative service fee are to be specified in an administrative services agreement. The Parties acknowledge and agree that the services referred to in this Section 5.5 are recordkeeping, shareholder communication, other transaction facilitation and processing, and related administrative services only and are not the services of an underwriter or a principal underwriter of the Fund.
4.
Section 5.6 of the Agreement is hereby deleted in its entirety.
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All other terms and provisions of the Agreement not amended herein shall remain in full force and effect.
6.
This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original.
[Signature Page Follows]
IN WITNESS WHEREOF, the undersigned has caused the Amendment to be executed August 1, 2023 and effective as of October 5, 2020.
PROTECTIVE LIFE AND ANNUITY INSURANCE COMPANY, as administrator on behalf of EMPOWER LIFE & ANNUITY INSURANCE COMPANY OF NEW YORK
By: __/s/ Xxxxx Xxxxxx_______________________________
Name: __Xxxxx Xxxxxx_____________________________
Title: ___Chief Product Officer – Retirement Division_____________________________
ON BEHALF OF EACH OF THE BNY MELLON FAMILY OF FUNDS LISTED ABOVE AS PARTIES TO THE AGREEMENT
By: __/s/ Xxxxx Xxxxxxx_______________________________
Name: _James Bitetto______________________________
Title: _Vice President and Secretary_______________________________
BNY MELLON INVESTMENT ADVISER, INC.
By: ___/s/ Xxxxx Xxxxxxx______________________________
Name: _James Bitetto______________________________
Title: __Secretary______________________________
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Schedule A
Separate Accounts Utilizing the Funds
Variable Annuity 1 Series Account of New York
Variable Annuity 2 Series Account of New York
Contracts
Schwab Advisor Choice NY
Schwab OneSource Choice NY
Schwab OneSource NY
Schwab Select NY
Smart Track II NY
Smart Track II NY (5-yr)
Smart Track NY
VariFund NY
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Schedule B
LIST OF PARTICIPATING FUNDS
The provisions of this Agreement apply exclusively to the dealer code and branch codes specified in this Schedule B. Insurance Company is solely responsible for providing the correct dealer and branch codes on each account.
Dealer Code: 007368 Branch Code: GW02
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F und Name
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Share Class
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BNY Mellon Investment Portfolios:
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MidCap Stock Portfolio
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Initial and Service
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Small Cap Stock Index Portfolio
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Service
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Technology Growth Portfolio
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Initial and Service
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BNY Mellon Stock Index Fund, Inc.
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Initial and Service
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BNY Mellon Sustainable U.S. Equity Portfolio, Inc.
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Initial and Service
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BNY Mellon Variable Investment Fund
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Appreciation Portfolio
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Initial and Service
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Growth and Income Portfolio
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Initial and Service
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Government Money Market Portfolio
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-
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Opportunistic Small Cap Portfolio
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Initial and Service
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