FOURTH AMENDMENT TO SERVICES AGREEMENT
Exhibit 24(b)(8.112)
FOURTH AMENDMENT TO SERVICES AGREEMENT
This Fourth Amendment dated as of July 28, 2016 by and between Voya Retirement Insurance and Annuity Company (formerly, ING Life Insurance and Annuity Company and Aetna Life Insurance and Annuity Company) (“Voya Retirement”), Voya Institutional Plan Services, LLC (formerly, ING Institutional Plan Services, LLC) (“Voya Institutional”), Voya Financial Partners, LLC (formerly, ING Financial Advisers, LLC) (collectively, “Voya”), Xxxxxxx, Xxxxx & Co. (“Distributor”) and Xxxxxxx Sachs Trust dated as of May 1, 1999, as amended on September 1, 2004, July 29, 2009 and November 1, 2015. Terms defined in the Agreement are used herein as therein defined.
WHEREAS, the parties wish to add Xxxxxxx Xxxxx Trust II as a party to the Agreement and make certain series of Xxxxxxx Sachs Trust II available under the Agreement; and
WHEREAS, the parties desire to amend said Agreement in the manner hereinafter set forth.
NOW THEREFORE, in consideration of the promises and mutual covenants hereinafter contained, the parties agree as follows:
1. All references in the Agreement to “Fund” or “Funds” shall be deemed to apply, as applicable, each series of Xxxxxxx Xxxxx Trust and Xxxxxxx Sachs Trust II.
2. Section 15(b) is hereby amended by replacing “To Distributor: Xxxxxxx, Xxxxx & Co., 00 Xxx Xxxx, Xxx Xxxx, XX 00000, Attn: Xxxxx XxXxxxxx” with the following:
To Distributor:
Xxxxxxx, Xxxxx & Co.
000 Xxxx Xxxxxx
Xxx Xxxx, XX 00000
Attn: Xxxxx XxXxxxxx
3. Exhibit III to the Agreement is hereby deleted and replaced by Exhibit III attached hereto.
4. The terms and conditions of the Agreement remain in full force and effect except as amended above.
IN WITNESS WHEREOF, the parties hereto have executed and delivered this Seventh Amendment as of the date set forth above.
VOYA FINANCIAL PARTNERS, LLC
By: /s/ Xxxx Xxxxxxx
Name: Xxxx Xxxxxxx
Title: Vice President
Date: 7/28/16
VOYA RETIREMENT INSURANCE AND ANNUITY COMPANY
By: /s/ Xxxx Xxxxxxx
Name: Xxxx Xxxxxxx
Title: Vice President
Date: 7/28/16
VOYA INSTITUTIONAL PLAN SERVICES, LLC
By: /s/ Xxxx Xxxxxxx
Name: Xxxx Xxxxxxx
Title: Vice President
Date: 7/28/16
XXXXXXX, XXXXX & CO.
By: Xxxxx XxXxxxxx
Name:
Title:
Date:
XXXXXXX XXXXX TRUST
By: Xxxxx XxXxxxxx
Name:
Title:
Date:
XXXXXXX XXXXX TRUST II
By: Xxxxx XxXxxxxx
Name:
Title:
Date:
EXHIBIT III
AVAILABLE FUNDS
The Xxxxxxx Xxxxx Equity Funds (all equity series of Xxxxxxx Sachs Trust) (“Equity Funds”), The Xxxxxxx Xxxxx Target Date Funds (all target date portfolios of Xxxxxxx Sachs Trust II) (“Target Date Funds”), Xxxxxxx Xxxxx Fixed Income Funds (all fixed income series of Xxxxxxx Sachs Trust and the Income Strategies Portfolio) (“Fixed Income Funds”) and the Xxxxxxx Xxxxx Financial Square Government Money Market Fund (“Gov’t Money Market Fund”).
APPLICABLE FEES
Fund and Share Class |
Sub-Transfer Agent Fee |
Service Fee1 |
Additional Fee2 |
Service Shares – Equity Funds |
X.XX% |
X.XX%3 |
X.XX% |
Service Shares – Fixed Income Funds |
X.XX% |
X.XX%3 |
X.XX% |
Service Shares – Target Date Funds |
X.XX% |
X.XX%3 |
X.XX% |
A Shares – Equity Funds |
X.XX% |
X.XX% |
X.XX% |
A Shares – Fixed Income Funds |
X.XX% |
X.XX% |
X.XX% |
A Shares – Target Date Funds |
X.XX% |
X.XX% |
X.XX% |
Institutional Shares – Equity Funds |
X.XX% |
X.XX% |
X.XX% |
Institutional Shares – Fixed Income Funds |
X.XX% |
X.XX% |
X.XX% |
Institutional Shares – Target Date Funds |
X.XX% |
X.XX% |
X.XX% |
R Shares – Equity Funds |
X.XX% |
X.XX% |
X.XX% |
R Shares – Fixed Income Funds |
X.XX% |
X.XX% |
X.XX% |
R Shares – Target Date Funds |
X.XX% |
X.XX% |
X.XX% |
IR Shares – Equity Funds |
X.XX% |
X.XX% |
X.XX% |
IR Shares – Fixed Income Funds |
X.XX% |
X.XX% |
X.XX% |
IR Shares – Target Date Funds |
X.XX% |
X.XX% |
X.XX% |
R6 Shares – Equity Funds |
X.XX% |
X.XX% |
X.XX% |
R6 Shares – Fixed Income Funds |
X.XX% |
X.XX% |
X.XX% |
R6 Shares – Target Date Funds |
X.XX% |
X.XX% |
X.XX% |
A Shares – Gov’t Money Market Fund |
X.XX% |
X.XX% |
X.XX% |
Institutional Shares – Gov’t Money Market Fund |
X.XX% |
X.XX% |
X.XX% |
R6 Shares – Gov’t Money Market Fund |
X.XX% |
X.XX% |
X.XX% |
1 The Service Fee is paid out of Fund assets.
2 The Additional Fee is paid from the profits of Xxxxxxx Sachs Asset Management, L.P.
3 The fees consist of a x.xx% fee for personal and account maintenance services pursuant to a service plan and a x.xx% fee for shareholder administration services pursuant to a separate shareholder administration plan. The service plan, but not the shareholder administration plan, is subject to the requirements of Rule 12b-1 under the Investment Company Act.
Exhibit III (continued)
The fees are as follows for the Plans invested in the Funds, which Voya provided administrative and record keeping services prior to July 29, 2009:
Fund and Share Class |
Sub-Transfer Agent Fee |
Service Fee4 |
Additional Fee5 |
Service Shares – Equity Funds |
X.XX% |
X.XX% |
X.XX% |
Service Shares – Fixed Income Funds |
X.XX% |
X.XX% |
X.XX% |
A Shares – Equity Funds |
X.XX% |
X.XX% |
X.XX% |
A Shares – Fixed Income Funds |
X.XX% |
X.XX% |
X.XX% |
Institutional Shares – Equity Funds |
X.XX% |
X.XX% |
X.XX% |
Institutional Shares – Fixed Income Funds |
X.XX% |
X.XX% |
X.XX% |
Institutional Shares – Mid Cap Value Fund |
X.XX% |
X.XX% |
X.XX% |
Institutional Shares – Small Cap Value Fund; Growth Opportunities Fund; Large Cap Value Fund |
X.XX% |
X.XX% |
X.XX% |
4 The Service Fee is paid out of Fund assets.
5 The Additional Fee is paid from the profits of Xxxxxxx Xxxxx Asset Management, L.P.