AMENDMENT TO THE PARTICIPATION AGREEMENT AMONG PROTECTIVE LIFE AND ANNUITY INSURANCE COMPANY, MORGAN STANLEY VARIABLE INSURANCE FUND, INC., MORGAN STANLEY DISTRIBUTION, INC., MORGAN STANLEY INVESTMENT MANAGEMENT INC.
AMENDMENT TO THE PARTICIPATION AGREEMENT
AMONG PROTECTIVE LIFE AND ANNUITY INSURANCE COMPANY,
XXXXXX XXXXXXX VARIABLE INSURANCE FUND, INC.,
XXXXXX XXXXXXX DISTRIBUTION, INC.,
XXXXXX XXXXXXX INVESTMENT MANAGEMENT INC.
THIS AMENDMENT TO THE PARTICIPATION AGREEMENT (the “Amendment”) is made as of this 11th day of March, 2022 by and between XXXXXX XXXXXXX VARIABLE INSURANCE FUND, INC. (the “Fund”), XXXXXX XXXXXXX DISTRIBUTION, INC. (the “Underwriter”), XXXXXX XXXXXXX INVESTMENT MANAGEMENT INC. (the “Adviser”), and PROTECTIVE LIFE AND ANNUITY INSURANCE COMPANY, (the “Company”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement (defined below).
RECITALS
WHEREAS, the Fund, Underwriter, Adviser and Company are parties to a certain Participation Agreement dated November 1, 2007, as amended (the “Agreement”), in which the Company offers to the public certain variable annuity contracts and variable life insurance contracts; and
WHEREAS, the parties desire to amend the Agreement to update the separate accounts and contracts listed in Schedule A; and
WHEREAS, the parties now desire to further modify the Agreement as provided herein.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:
1.
Schedule A of the Agreement is hereby deleted in its entirety and replaced with Schedule A attached hereto.
2.
Other Terms. Other than the foregoing, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect and are ratified and confirmed in all respects by the Parties to this Amendment.
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first above written.
XXXXXX XXXXXXX VARIABLE INSURANCE FUND, INC.
By: /s/ Xxxx X. Xxxxxx
Name: Xxxx X. Xxxxxx
Title: President & Principal Executive Officer
Date: March 11, 2021
XXXXXX XXXXXXX DISTRIBUTION, INC.
By: /s/ Xxxxx Xxxxxxxxx
Name: Xxxxx Xxxxxxxxx
Title: Managing Director
Date: March 11, 2021
XXXXXX XXXXXXX INVESTMENT MANAGEMENT INC.
By: /s/ Xxx Xxxxxxx
Name: Xxx Xxxxxxx
Title: Director and Managing Director
Date: March 11, 2021
PROTECTIVE LIFE AND ANNUITY INSURANCE COMPANY
By: /s/ Xxxxx Xxxxxx
Name: Xxxxx Xxxxxx
Title: Chief Product Officer, Retirement Division
Date: March 18, 2022
SCHEDULE A
SEPARATE ACCOUNTS AND ASSOCIATED CONTRACTS
Agreement is hereby deleted in its entirety and replaced with Schedule A attached hereto. Contract Funded by Separate Account
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Variable Annuity Account A of
Protective Life
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Elements Classic NY variable annuity contract
FORM AF-2022
ProtectiveAccess XL NY variable annuity contract
FORM AF-2122-R2
Protective Rewards II NY variable annuity contract
FORM AF-2121
Protective Rewards Elite NY variable annuity contract
FORM AF-2121
Protective Investors Benefit Advisory Variable Annuity NY
Protective Aspirations NY Variable Annuity
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PLAIC Variable Annuity Account S (established 07/02/2020)
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Schwab Genesis NY Variable Annuity
Schwab Genesis Advisory NY Variable Annuity
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