Contract

Exhibit 24(b)(8.113)
RULE 22C-2 AGREEMENT

This AGREEMENT, effective November 2, 2007, between NYLIFE Distributors LLC and NYLIM
Service Company LLC (NYLIFE Distributors LLC and NYLIM Service Company LLC are
collectively referred to herein as “Fund Service Provider”) (the “Fund Service Provider”) as
principal underwriter and the transfer agent for each of the funds listed on the attached Schedule A
(the “Funds”) and ING Life Insurance and Annuity Company, ING National Trust, ING USA
Annuity and Life Insurance Company, ReliaStar Life Insurance Company, ReliaStar Life Insurance
Company of New York, and Systematized Benefits Administrators Inc. (individually an
“Intermediary” and collectively the “Intermediaries”).

WHEREAS, the Fund Service Provider and the Intermediary have entered into a fund participation
and/or selling and service agreement dated [November 8, 2007];

WHEREAS, the Intermediaries have adopted policies and procedures to monitor and deter
excessive trading activity with in the mutual funds, including the Fund, available through the
variable annuity, variable life insurance and variable retirement plan products which the
Intermediaries offer;

WHEREAS, the Fund has adopted policies and procedures to protect the Fund and their respective
shareholders from potentially harmful frequent trading;

WHEREAS, such policies and procedures include reserving the right to reject certain transactions
initiated by variable annuity, variable life insurance and variable retirement plan contract owners;

WHEREAS, this Agreement is being entered into to assist the Funds in meeting their goal of
restricting potentially harmful frequent trading within the Fund;

WHEREAS, the parties desire to otherwise comply with the requirements under Rule 22c-2 of the
Investment Company Act of 1940, as amended (“Rule 22c-2”); and

WHEREAS, SEC Rule 22c-2 requires financial intermediaries transacting in mutual fund shares to
agree in writing with a Fund or its principal underwriter to provide the Fund with certain underlying
shareholder data and to abide by instructions for the Fund related to those shareholders.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, which
consideration is full and complete, the Fund Service Provider and the Intermediaries hereby agree as
follows:

A. Definitions. For the purposes of this agreement.

1. The term “Fund” shall mean an open-ended management investment company that is
registered or required to register under Section 8 of the Investment Company Act of 1940 and
includes (i) an investment adviser to or administrator for the Fund; (ii) the principal underwriter or
distributor for the Fund; or (iii) the transfer agent for the Fund. The term does not include any
“excepted funds” as defined in SEC Rule 22c-2 under the Investment Company Act of 1940.

2. The term “Shares” means the interests of Shareholders corresponding to the
redeemable securities of record issued by the Fund under the Investment Company Act of 1940 that

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are held by the Intermediaries and available through the variable annuity, variable life insurance and
variable retirement plan products which they offer (the “Variable Products”).

3. The term “Shareholder” means the holder of interests in a variable annuity, variable
life insurance or variable retirement plan contract issued by the Intermediary.

4. The term “Shareholder-Initiated Transfer Purchase” means a transaction that is
initiated or directed by an owner of a Variable Product that results in a transfer of assets within a
Variable Product 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
Variable Product 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 Variable
Product death benefit; (iii) one-time step-up in contract value pursuant to a Variable Product death
benefit; (iv) allocation of assets to a Fund through a Variable Product as a result of payments such
as loan repayments, scheduled contributions, retirement plan salary reduction contributions, or
premium payments to the Variable Product; or (v) pre-arranged transfers at the conclusion of a
required free look period.

5. The term “Shareholder-Initiated Transfer Redemption” means a transaction that is
initiated or directed by an owner of a Variable Product that results in a transfer of assets within a
Variable Product 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 Variable Product out of a Fund as a result of annuity payouts, loans, systematic
withdrawal programs, “dollar cost averaging” programs, insurance company approved asset
allocation programs, or automatic rebalancing programs; (ii) as a result of any deduction of charges
or fees under a Variable Product; (iii) within a Variable Product out of a Fund as a result of
scheduled withdrawals or surrenders from a Variable Product; (iv) as a result of payment of a death
benefit from a Variable Product.

6. The term “written” includes electronic writings and facsimile transmissions.

B. Agreement to Provide Shareholder Information.

1. Each Intermediary agrees to provide the Fund Service Provider, upon written
request, the following shareholder information involving the Funds:

a. The taxpayer identification number (“TIN”) or any other government issued
identifier, if known, that would provide acceptable assurances of the identity
of each shareholder that has purchased, redeemed, transferred or exchanged
shares of a Fund through an account directly maintained by the
Intermediaries during the period covered by the request;

b. The amount and dates of, and the Variable Product(s) associated with, such
shareholder purchases, redemptions, transfers and exchanges; and

c. Any other data mutually agreed upon in writing.

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2. Unless otherwise specifically requested by the Fund Service Provider, the
Intermediaries shall only be required to provide information relating to Shareholder-Initiated
Transfer Purchases or Shareholder-Initiated Transfer Redemptions.

3. Requests to provide Shareholder information shall set forth the specific period for
which transaction information is sought. However, unless otherwise agreed to by the
Intermediaries, any such request will not cover a period of more than 90 consecutive calendar days
from the date of the request.

4. The Intermediaries agree to provide, promptly upon written request of the Fund
Service Provider the Shareholder information requested. If requested by the Fund Service Provider,
the Intermediaries agree to use best efforts to determine promptly whether any specific person about
whom they have received Shareholder information is itself a financial intermediary (“indirect
intermediary”) and, upon further written request of the Fund Service Provider, promptly either (i)
provide (or arrange to have provided) Shareholder information for those Shareholders who hold an
account with an indirect intermediary or (ii) restrict or prohibit the indirect intermediary from
purchasing shares, in nominee name on behalf of other persons, securities issued by a Fund.
Responses required by this paragraph must be communicated in writing and in a format mutually
agreed upon by the parties. To the extent practicable, the format for any Shareholder Information
provided to the Fund Service Provider should be consistent with the NSCC Standardized Data
Reporting Format.

C. Agreement to Restrict Trading.

1. Each Intermediary agrees to execute written instructions from the Fund Service
Provider to restrict or prohibit further purchases or exchanges involving Fund shares by a
Shareholder who has been identified by the Fund Service Provider as having engaged in
transactions in shares of a Fund (through an account directly maintained by the Intermediary) that
violate the policies and procedures established by the Funds for the purposes of eliminating or
reducing frequent trading of Fund shares. Unless otherwise directed by the Fund Service Provider,
any such restrictions or prohibitions shall only apply to Shareholder-Initiated Transfer Purchases or
Shareholder-Initiated Transfer Redemptions that are effected directly through the Intermediary.

2(a) For those Shareholders whose information is on the Intermediaries’ books and
records, the Intermediaries agree to execute or have executed the written instructions from the Fund
Service Provider or its designee to restrict or prohibit trading as soon as reasonably practicable after
receipt of the instructions by the Intermediaries. The Intermediaries will provide written
confirmation to the Fund Service Provider as soon as reasonably practicable after the instructions
have been executed.

2(b) For those Shareholders whose information is not on the Intermediaries’ books and
records the Intermediaries agree to execute or have executed the written instructions from the Fund
Service Provider to restrict or prohibit trading as soon as reasonably practicable after receipt of the
instructions by the Intermediaries. The Intermediaries will provide written confirmation to the Fund
Service Provider as soon as reasonably practicable that such instructions have or have not been
executed. If an indirect intermediary is unable or unwilling to restrict or prohibit trading by a
Shareholder, upon the Fund Service Providers’ written request, the Intermediary will restrict or
prohibit transactions in Fund Shares by the indirect intermediary.

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3. Instructions to restrict or prohibit further purchases or exchanges involving Fund
shares must include:

a.	The reason for requesting the restriction(s) and/or prohibition(s), supporting details regarding the transaction activity which resulted in the restriction(s) and/or prohibition(s)s and the applicable sections of the Fund’s frequent trading policy and procedures that have been violated;
b.	The specific restriction(s) and/or prohibition(s) to be executed, including the length of time such restriction(s) and/or prohibition(s) shall remain in place;
c.	The TIN or any other government issued identifier, if known by the Fund Service Provider, that would help the Intermediaries determine the identity of affected Shareholder(s); and
d.	Whether such restriction(s) and/or prohibition(s) are to be executed in relation to all of the affected Shareholder’s Variable Products, only the type of Variable Product(s) through which the affected shareholder engaged in transaction activity which triggered the restriction(s) and/or prohibition(s) or in some other respect. In absence of direction from the Fund Service Provider in this regard, restriction(s) and/or prohibition(s) shall be executed as they relate to the Intermediary’s Variable Product(s) through which the affected Shareholder engaged in the transaction activity which triggered the restriction(s) and/or prohibition(s).

The Fund Service Provider agrees to reimburse the Intermediaries for reasonable costs they incur
directly resulting from: (1) complying with requests to provide the Fund Service Provider with
Shareholder information that is older than one year or (2) requests by the Fund Service Provider to
implement non-routine purchase restrictions such as blocking new money through payroll/ACH
deposits.

D. Limitation on Use of Information.

The Fund Service Provider agrees neither to use the information received from the Intermediary for
any purpose other than to comply with SEC Rule 22c-2 and other applicable laws, rules and
regulations, nor to share the information with anyone other than its employees who legitimately
need access to it. Neither the Fund Service Provider nor any of its affiliates or subsidiaries may use
any information provided pursuant to this Agreement for marketing or solicitation purposes. The
Fund Service Provider will take such steps as are reasonably necessary to ensure compliance with
this obligation.

If a party to this Agreement becomes aware of any actual or suspected unauthorized access to or
unauthorized use or disclosure to an unauthorized third party of any non-public personal financial
information of a consumer provided or received pursuant to this Agreement and determines that
there is a reasonable likelihood of harm resulting from such access, use or disclosure, such party
promptly shall, at its expense: (i) notify the other party; (ii) investigate the circumstances relating to

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such actual or suspected unauthorized access, use or disclosure; (iii) take commercially reasonable
steps to mitigate the effects of such unauthorized access, use or disclosure and to prevent any
reoccurrence; (iv) provide to the other such information regarding such unauthorized access, use or
disclosure as is reasonably required for the other party to evaluate the likely consequences and any
regulatory or legal requirements arising out of such unauthorized access, use or disclosure; and (v)
cooperate with the other party to further comply with all relevant laws, rules and regulations. The
party to this Agreement that causes the unauthorized access, use or disclosure of such information
shall indemnify and hold the other party, (and any of its directors, officers, employees, or agents)
harmless from any damages, loss, cost, or liability (including reasonable legal fees ) arising in
connection with a third party claim or action brought against the other party resulting from such
unauthorized use, access or disclosure of the information provided or received pursuant to this
Agreement.

In the event that a party to this Agreement is required by legal process, law, or regulation to disclose
any information received or provided pursuant to this Agreement, the party shall provide to the
other party with prompt written notice of such requirement as far in advance of the proposed
disclosure as possible so that the other party (at their expense) may either seek a protective order or
other appropriate remedy which is necessary to protect their interests or waive compliance with this
provision to the extent necessary.

E. Prior Agreements.

The terms of this Agreement supplement the fund participation and/or selling and service
agreements and to the extent the terms of this Agreement conflict with the terms of the fund
participation and/or selling and service agreements, the terms of this Agreement will control. This
Agreement will terminate upon termination of the fund participation and/or selling and service
agreements.

F. Notices.

1. Except as otherwise provided, all notices and other communications hereunder shall
be in writing and shall be sufficient if delivered by hand or if sent by confirmed facsimile or e-mail,
or by mail, postage prepaid, addressed:

a. If to Intermediaries, to:

ING U.S. Financial Services
Attention: [Xxxxxxxxxx Xxxxxxx]
Address: [151 Xxxxxxxxxx Xxxxxx]
[Xxxxxxxx, XX 00000-0000]
Phone: [000-000-0000]
Fax: [000-000-0000]
Email: [Xxxxxxxxxx.Xxxxxxx@xx.xxx.xxx]

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b.      If to the Fund Service Provider, to:

NYLIM Service Company
Attention: Xxxx Xxx Xxxx
Address: 000 Xxxxxxxxxx Xxxxxx
Xxxxxxxxxx, XX 00000
Phone: 000-000-0000
Fax: 000-000-0000
Email: xxxx_xxx_xxxx@xxxxx.xxx

With a copy to Xxxxxxxxxx Xxxxxxxx at the same address.

2. The parties may by like notice, designate any future or different address to which
subsequent notices shall be sent. Any notice shall be deemed given when received.

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IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed in
its name and on its behalf by its duly authorized officer as of the date first written above.

ING Life Insurance and Annuity Company		Systematized Benefits Administrators Inc.
By:	/s/ Xxxxxxxxxx Xxxxxxx	By:	/s/ Xxxxxxxxxx Xxxxxxx
Name	Xxxxxxxxxx Xxxxxxx	Name and	Xxxxxxxxxx Xxxxxxx
and Title:	Authorized Representative	Title:	Authorized Representative
ING National Trust		NYLIM Service Company LLC
By:	/s/ Xxxxxxxxxx Xxxxxxx	By:	/s/ Xxxxxx Xxxxx
Name	Xxxxxxxxxx Xxxxxxx	Name	Xxxxxx Xxxxx, President
and Title:	Authorized Representative	and Title:
ING USA Annuity and Life Insurance		NYLIFE Distributors LLC
Company
By:	/s/ Xxxxxxxxxx Xxxxxxx	By:	/s/ Xxxxxxx Xxxxxx
Name	Xxxxxxxxxx Xxxxxxx	Name and	Xxxxxxx Xxxxxx, Managing
and Title:	Authorized Representative	Title:	Director
ReliaStar Life Insurance Company
By:	/s/ Xxxxxxxxxx Xxxxxxx
Name	Xxxxxxxxxx Xxxxxxx
and Title:	Authorized Representative
ReliaStar Life Insurance Company of New
York
By:	/s/ Xxxxxxxxxx Xxxxxxx
Name	Xxxxxxxxxx Xxxxxxx
and Title:	Authorized Representative

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Schedule A

• The available series and classes of open-end investment companies sponsored, advised or administered by New York Life Investment Management LLC for which NYLIFE
  Distributors LLC serves as principal underwriter.

A-1