SECOND AMENDMENT TO SELLING AND SERVICES AGREEMENT
Exhibit 24(b)(8.68)
SECOND AMENDMENT TO
SELLING AND SERVICES AGREEMENT
This Second Amendment dated as of February 1, 2010 by and between ING Life Insurance and Annuity Company (formerly Aetna Life Insurance and Annuity Company) (“ING Life”), ING Institutional Plan Services, LLP (“ING Institutional”) and ING Financial Advisers, LLC (formerly Aetna Investment Services, Inc.) (“ING Financial”), collectively “ING”, and Natixis Distributors, L.P. (formerly IXIS Asset Management Distributors, L.P. and prior thereto CDC IXIS Asset Management Distributors, L.P.) (“Distributor”) is made to the Selling and Services Agreement dated as of April 30, 2001 (the “Agreement”) as modified by letter agreements on January 16, 2002, July 1, 2002 and May 20, 2003 and as amended on March 13, 2009. Terms defined in the Agreement are used herein as therein defined.
WHEREAS, ING and Distributor are parties to that certain Selling and Services Agreement which was effective as of April 30, 2001, and any Amendments thereto (the “Agreement”); and
WHEREAS, ING and Distributor wish to update the appendix of Funds serviced under the Agreement as well as the corresponding Fees (“Appendix A”);
NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter contained, the parties agree to amend the Agreement as follows:
1. Appendix A to the Agreement is hereby deleted and replaced by the Appendix A, attached hereto.
2. Except as modified hereby, all other terms and conditions of the Agreement shall remain in full force and effect.
3. This Amendment may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same Amendment.
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first written above.
ING LIFE INSURANCE AND ANNUITY COMPANY
By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Vice President
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NATIXIS DISTRIBUTORS, L.P. By: Natixis Distribution Corporation, its general partner
By: /s/ Xxxxxxx Xxxx Xxxxx Name: Xxxxxxx Xxxx Xxxxx Title: EVP, CFO
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ING Financial ADvisers, LLC
By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: COO/VP
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ING INSTITUTIONAL PLAN SERVICES, LLC
By: /s/ Xxxxxxxx Xxxxxxxxx, Attorney in Fact Name: Xxxxxxxx Xxxxxxxxx, Attorney in Fact Title: Vice President
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Appendix A
List of Funds & Fees
Fund |
Share Class |
Annual Fee Rate |
Ticker |
Bond Funds: |
|
|
|
Xxxxxx Xxxxxx Bond Fund |
Admin |
XX |
LBFAX |
Xxxxxx Xxxxxx Bond Fund |
Retail |
XX |
LSBRX |
Xxxxxx Xxxxxx Bond Fund |
Institutional |
XX |
LSBDX |
Xxxxxx Xxxxxx Core Plus Bond Fund |
A |
XX |
NEFRX |
Xxxxxx Xxxxxx Core Plus Bond Fund |
Y |
XX |
NERYX |
Xxxxxx Xxxxxx Global Bond Fund |
Retail |
XX |
LSGLX |
Xxxxxx Xxxxxx Global Bond Fund |
Institutional |
XX |
LSGBX |
Xxxxxx Xxxxxx High Income Fund |
A |
XX |
NEFHX |
Xxxxxx Xxxxxx High Income Fund |
Y |
XX |
NEHYX |
Xxxxxx Xxxxxx Inflation Protected Securities Fund |
Institutional |
XX |
LSGSX |
Xxxxxx Xxxxxx International Bond Fund |
A |
XX |
LSIAX |
Xxxxxx Xxxxxx International Bond Fund |
Y |
XX |
LSIYX |
Xxxxxx Xxxxxx Investment Grade Bond Fund |
Admin† |
XX |
LIGAX |
Xxxxxx Xxxxxx Investment Grade Bond Fund |
A |
XX |
LIGRX |
Xxxxxx Xxxxxx Investment Grade Bond Fund |
Y |
XX |
LSIIX |
Xxxxxx Xxxxxx Limited Term Gov’t and Agency Fund |
A |
XX |
NEFLX |
Xxxxxx Xxxxxx Limited Term Gov’t and Agency Fund |
Y |
XX |
NELYX |
Xxxxxx Xxxxxx Strategic Income Fund |
Admin† |
XX |
NEZAX |
Xxxxxx Xxxxxx Strategic Income Fund |
A |
XX |
NEFZX |
Xxxxxx Xxxxxx Strategic Income Fund |
Y |
XX |
NEZYX |
|
|
|
|
Equity Funds: |
|
|
|
AEW Real Estate Fund |
A |
XX |
NRFAX |
AEW Real Estate Fund |
Y |
XX |
NRFYX |
ASG Diversifying Strategies Fund |
A |
XX |
DSFAX |
ASG Diversifying Strategies Fund |
Y |
XX |
DSFYX |
ASG Global Alternatives Fund |
A |
XX |
GAFAX |
ASG Global Alternatives Fund |
Y |
XX |
GAFYX |
CGM Advisors Targeted Equity Fund |
A |
XX |
NEFGX |
CGM Advisors Targeted Equity Fund |
Y |
XX |
NEGYX |
Gateway Fund |
A |
XX |
GATEX |
Gateway Fund |
Y |
XX |
GTEYX |
Xxxxxxxxxx International Fund |
A |
XX |
NEFDX |
Xxxxxx Associates Large Cap Value Fund |
A |
XX |
NEFOX |
Xxxxxx Associates Large Cap Value Fund |
Y |
XX |
NEOYX |
Xxxxxxxxxx International Growth Fund |
Advisor |
XX |
HIGGX |
Xxxxxxxxxx International Growth Fund |
Institutional |
XX |
HITGX |
Xxxxxxxxxx International Value Fund |
Advisor |
XX |
HIVVX |
Xxxxxxxxxx International Value Fund |
Institutional |
XX |
HINTX |
Xxxxxxxxxx International Core Fund |
Advisor |
XX |
HICCX |
Xxxxxxxxxx International Core Fund |
Institutional |
XX |
HICFX |
Xxxxxxxxxx Emerging Markets Fund |
Advisor |
XX |
HEMMX |
Xxxxxxxxxx Emerging Markets Fund |
Institutional |
XX |
HEMGX |
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Natixis Income Diversified Portfolio |
A |
XX |
IIDPX |
Natixis U.S. Diversified Portfolio |
A |
XX |
NEFSX |
Natixis U.S. Diversified Portfolio |
Y |
XX |
NESYX |
Xxxxxx Xxxxxx Mid Cap Growth Fund |
A |
XX |
LAGRX |
Xxxxxx Xxxxxx Mid Cap Growth Fund |
Y |
XX |
LSAIX |
Xxxxxx Xxxxxx Growth Fund |
A |
XX |
LGRRX |
Xxxxxx Xxxxxx Growth Fund |
Y |
XX |
LSGRX |
Xxxxxx Xxxxxx Global Markets Fund |
A |
XX |
LGMAX |
Xxxxxx Xxxxxx Global Markets Fund |
Y |
XX |
LSWWX |
Xxxxxx Xxxxxx Disciplined Equity Fund |
A |
XX |
LSRRX |
Xxxxxx Xxxxxx Disciplined Equity Fund |
Y |
XX |
LISRX |
Xxxxxx Xxxxxx Small Cap Growth Fund |
Retail |
XX |
LCGRX |
Xxxxxx Xxxxxx Small Cap Growth Fund |
Institutional |
XX |
LSSIX |
Xxxxxx Xxxxxx Small Cap Value Fund* |
Admin |
XX |
LSVAX |
Xxxxxx Xxxxxx Small Cap Value Fund* |
Retail |
XX |
LSCRX |
Xxxxxx Xxxxxx Small Cap Value Fund* |
Institutional |
XX |
LSSCX |
Xxxxxx Xxxxxx Value Fund |
Admin† |
XX |
LSAVX |
Xxxxxx Xxxxxx Value Fund |
A |
XX |
LSVRX |
Xxxxxx Xxxxxx Value Fund |
Y |
XX |
LSGIX |
Xxxxxxx Xxxxxx Small Cap Value Fund** |
A |
XX |
NEFJX |
Xxxxxxx Xxxxxx Small Cap Value Fund** |
Y |
XX |
NEJYX |
Xxxxxxx Xxxxxx Value Opportunity Fund |
A |
XX |
VNVAX |
Xxxxxxx Xxxxxx Value Opportunity Fund |
Y |
XX |
VNVYX |
† Admin class shares of the Xxxxxx Xxxxxx Investment Grade Bond Fund, Xxxxxx Xxxxxx Strategic Income Fund and Xxxxxx Xxxxxx Value Fund are anticipated to be available on or around February 1, 2010.
* The Xxxxxx Xxxxxx Small Cap Value Fund is closed to new investors effective September 15, 2008.
** The Xxxxxxx Xxxxxx Small Cap Value Fund is closed to new investors effective August 1, 2009.
Each Fund and Class of Shares noted above may be offered and sold only in accordance with the terms and conditions set forth in the respective Fund’s prospectus and statement of additional information, as amended from time to time. The Funds and the Distributor reserve the right to periodically close a Fund to new purchases of shares or refuse/limit any purchase or exchange order for any reason, including if the transaction is deemed not to be in the best interests of the Fund and its shareholders or is deemed disruptive to the management of the Fund. Consult the Funds’ prospectuses for more information. Annual Fee Rates, as set forth above, are only available for defined contribution business serviced by ING. Annual Fee Rates include fees available to intermediaries through the relevant Fund’s 12b-1 plan. Payments under 12b-1 shall be made to the broker dealer of record on the account, if such broker dealer has a valid agreement with the Distributor.
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