Fourth Amendment to Fund Participation Agreement
EX-28(h)(7)(l)
Fourth Amendment to Fund Participation Agreement
This Fourth Amendment (the “Amendment”), by and between Lincoln Variable Insurance Products Trust and Lincoln Investment Advisors Corporation, (collectively, the “Company”), Lincoln Financial Distributors, Inc. (the “Distributor”) and New York Life Insurance and Annuity Corporation (“NYLIAC”), is effective as of May 1, 2018 (the “Effective Date”).
WHEREAS, the parties hereto entered into the Fund Participation Agreement (“FPA”), executed and effective as of June 5, 2007 and which was amended by an Addendum dated as of November 1, 2009 (the “Addendum”), Amendment No. 1 dated April 30, 2012 (“First Amendment”), an amendment dated April 1, 2013, and a Third Amendment effective as of December 1, 2014 (collectively the “Agreement”); and
WHEREAS, the parties desire to amend the Agreement to permit the separate accounts to invest in additional funds;
NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter contained, the parties, intending to be legally bound, agree as follows:
| 1. | Exhibit A shall be deleted in its entirety and replaced with Exhibit A attached hereto. |
| 2. | Exhibit B shall be deleted in its entirety and replaced with Exhibit B attached hereto. |
| 3. | Unless otherwise defined in this Amendment, all terms used herein shall have the meanings they were ascribed in the Agreement. |
| 4. | All other terms and conditions of the Agreement remain in effect and are hereby incorporated herein by reference. |
| 5. | This Amendment may be executed in counterparts, each of which shall be deemed to be an original. |
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to be executed by its duly authorized representative as of the Effective Date.
| New York Life Insurance and Annuity Corporation |
Lincoln Variable Insurance Products Trust | |||||||||
| By: | By: | /s/ Xxxxxx X. Xxxxxxxxxx | ||||||||
| Name: | Xxxxx XxXxxx | Name: | Xxxxxx X. Xxxxxxxxxx |
| Title: | Vice President | Title: | President |
| Date: | Date: | |||||||||
| Lincoln Investment Advisors Corporation |
Lincoln Financial Distributors, Inc. | |||||||||
| By: | /s/ Xxxxxx X. Xxxxxxxxxx | By: | /s/ Xxxx Xxxxxxx | |||||||
| Name: | Xxxxxx X. Xxxxxxxxxx | Name: | Xxxx Xxxxxxx |
| Title: | President | Title: | SVP, Head of Retirement Solutions Distribution |
| Date: | Date: | 2/23/18 |
Exhibit A
Funds
Dated as of May 1, 2018
The currently available Funds of the Trust are:
LVIP Baron Growth Opportunities Fund (Service Class)
LVIP SSGA International Index Fund (Standard Class)
LVIP SSGA Bond Index Fund (Standard Class)
LVIP SSGA Developed International 150 Fund (Standard Class)
LVIP SSGA Emerging Markets 100 Fund (Standard Class)
LVIP SSGA Mid-Cap Index Fund (Standard Class)
LVIP Mondrian International Value Fund (Standard Class)
Exhibit B
Separate Accounts of the Life Company Registered Under the 1940 Act as Unit Investment Trusts
The following separate accounts are subject to this Agreement:
NYLIAC Corporate Sponsored Variable Universal Life Separate Account-I
NYLIAC Private Placement Variable Universal Life Insurance Separate Account-I
NYLIAC Private Placement Variable Universal Life Insurance Separate Account-II
NYLIAC Variable Universal Life Separate Account-I
Variable Annuity Contracts and Variable Life Insurance Contracts Registered Under the Securities Act of 1933
The following contracts are subject to this Agreement:
Corporate Executive Series Variable Universal Life
Corporate Executive Accumulator Variable Universal Life
Legacy Creator Single Premium Variable Universal Life
Variable Universal Life Accumulator
Survivorship Variable Universal Life Accumulator
Lifetime Wealth Variable Universal Life
Flexible Premium Variable Universal Life
Variable Universal Life 2000
Survivorship Variable Universal Life
Variable Universal Life Provider
Variable Universal Life Accumulator Plus
Variable Universal Life Accumulator II
Variable Life Insurance Contracts Not Registered Under the Securities Act of 1933
The following contracts are subject to this Agreement:
CorpExec Private Placement Variable Universal Life
