Amendment No. 5 TO THE INTERCOMPANY AGREEMENT
Exhibit 24(b)(3.7)
Amendment No. 5 TO THE INTERCOMPANY AGREEMENT
This Amendment No. 5, effective as of March 01, 2016, amends the Intercompany Agreement, dated as of December 22, 2010, as amended (the “Agreement”), by and between Directed Services LLC (“DSL”) and ING Life Insurance and Annuity Company (“ILIAC”) (now known as “Voya Retirement Insurance and Annuity Company” or “VRIAC”).
W I T N E S S E T H
WHEREAS, DSL is an investment adviser for certain U.S. registered investment companies (“Funds”) and a registered broker-dealer distributing variable insurance contracts; and
WHEREAS, VRIAC is an insurance company which offers a variety of insurance products, including variable annuities; Funds advised by DSL are made available through sub-accounts to purchasers of these insurance products; and
WHEREAS, DSL pays to VRIAC the amounts derived from applying the annual rates listed in Schedule A against the average net assets invested in the Funds by VRIAC and by VRIAC non-insurance customers during the prior calendar month; and
WHEREAS, Schedule A is reviewed at least once each calendar quarter and may be modified at any time by mutual written consent; and.
WHEREAS, the parties desire to clarify the Agreement by replacing Schedule A;
NOW, THEREFORE, the parties agree as follows:
1. Schedule A to the Agreement is deleted in its entirety and is replaced with the attached Amended Schedule A.
2. Capitalized terms used in this Amendment and not otherwise defined shall have the meanings ascribed to them in the Agreement.
3. This Amendment may be executed in several counterparts, each of which shall be an original, but all of which together will constitute one and the same instrument.
4. In all other respects, the Agreement is hereby confirmed and remains in full force and effect.
1
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to be executed as of the day and year first above written.
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DIRECTED SERVICES LLC |
VOYA RETIREMENT INSURANCE AND ANNUITY COMPANY
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By: /s/ Xxxxx X. Xxxxxxx |
By: |
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Name: Xxxxx X. Xxxxxxx |
Name: |
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Title: |
Title: |
2
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to be executed as of the day and year first above written.
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DIRECTED SERVICES LLC |
VOYA RETIREMENT INSURANCE AND ANNUITY COMPANY
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By: |
By: /s/Xxxx Xxxxxxx |
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Name: |
Name: Xxxx X. Xxxxxxx |
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Title: |
Title: Vice President |
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Amended Schedule A |
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This Schedule is effective as of March 1, 2016. |
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As
described in Section 1 VRIAC shall be paid at the rates set forth immediately
below. In the case of funds of funds, payments will apply to the shares of
the fund of funds held directly at the rate specified and will also apply to
shares of underlying funds held indirectly through the fund of funds at the
rates specified for those underlying funds calculated in the same manner as
if the underlying funds were held directly.
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Voya Financial Savings Plan & ESOP |
|
Fund Type |
Fund |
Rate |
|
Fidelity Feeder |
VY® Fidelity® VIP Contrafund® Portfolio |
% |
|
Fidelity Feeder |
VY® Fidelity® VIP Equity-Income Portfolio |
% |
|
Fidelity Feeder |
VY® Fidelity® VIP Mid Cap Portfolio |
% |
|
Funds of Funds |
Voya Index Solution Portfolios |
% |
|
Funds of Funds |
Voya Retirement Portfolios |
% |
|
Funds of Funds |
Voya Solution Portfolios |
% |
|
VIM Equity/Balanced |
Voya Large Cap Growth Portfolio |
% |
|
VIM Equity/Balanced |
Voya Large Cap Value Portfolio |
% |
|
VIM Equity/Balanced |
Voya U.S. Stock Index Portfolio |
% |
|
VIM Fixed |
Voya Global Bond Portfolio |
% |
|
VIM Fixed |
Voya High Yield Portfolio |
% |
|
VIM Fixed |
Voya Limited Maturity Bond Portfolio |
% |
|
VIM Fixed |
Voya Liquid Assets Portfolio |
% |
|
VIT Portfolios |
Voya Multi-Manager Large Cap Core Portfolio |
% |
|
VIT Portfolios |
VY® BlackRock Inflation Protected Bond Portfolio |
% |
|
VIT Portfolios |
VY® Clarion Real Estate Portfolio |
% |
|
VIT Portfolios |
VY® FMR Diversified Mid Cap Portfolio |
% |
|
VIT Portfolios |
VY® Franklin Income Portfolio |
% |
|
VIT Portfolios |
VY® Invesco Growth and Income Portfolio |
% |
|
VIT Portfolios |
VY® JPMorgan Emerging Markets Equity Portfolio |
% |
|
VIT Portfolios |
VY® JPMorgan Small Cap Core Equity Portfolio |
% |
|
VIT Portfolios |
VY® Xxxxxx Xxxxxxx Global Franchise Portfolio |
% |
|
VIT Portfolios |
VY® X. Xxxx Price Capital Appreciation Portfolio |
% |
|
VIT Portfolios |
VY® X. Xxxx Price Equity Income Portfolio |
% |
|
VIT Portfolios |
VY® X. Xxxx Price International Stock Portfolio |
% |
|
VIT Portfolios |
VY® Xxxxxxxxx Global Growth Portfolio |
% |
|
VPI Portfolios |
VY® American Century Small-Mid Cap Value Portfolio |
% |
|
VPI Portfolios |
VY® Baron Growth Portfolio |
% |
|
VPI Portfolios |
VY® Columbia Contrarian Core Portfolio |
% |
|
VPI Portfolios |
VY® Columbia Small Cap Value II Portfolio |
% |
|
VPI Portfolios |
VY® Invesco Xxxxxxxx Portfolio |
% |
|
VPI Portfolios |
VY® Invesco Equity and Income Portfolio |
% |
|
VPI Portfolios |
VY® JPMorgan Mid Cap Value Portfolio |
% |
|
VPI Portfolios |
VY® Oppenheimer Global Portfolio |
% |
|
VPI Portfolios |
VY® Pioneer High Yield Portfolio |
% |
|
VPI Portfolios |
VY® X. Xxxx Price Diversified Mid Cap Growth Portfolio |
% |
|
VPI Portfolios |
VY® X. Xxxx Price Growth Equity Portfolio |
% |
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VPI Portfolios |
VY® Xxxxxxxxx Foreign Equity Portfolio |
% |
