FIRST AMENDMENT TO THE SELLING AND SERVICES AGREEMENT AND FUND PARTICIPATION AGREEMENT
Exhibit 24(b)(8.124)
FIRST AMENDMENT TO THE SELLING AND SERVICES AGREEMENT
AND
FUND PARTICIPATION AGREEMENT
This First Amendment dated as of November 25, 2014, by and between Voya Retirement Insurance and Annuity Company (formerly ING 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) (“Voya Financial”) (collectively, “Voya”), and Metropolitan West Asset Management, LLC. (“Advisor”), Metropolitan West Funds (the “Trust”), and Foreside Funds Distributors LLC (formerly BNY Mellon Distributors Inc.) (“Distributor”). Voya Retirement, Voya Institutional, Voya Financial, Advisor, Trust, and Distributor may be referred to herein individually as a “Party” or collectively as the “Parties”. Terms defined in the Agreement are used herein as therein defined.
WHEREAS, BNY Mellon Distributors LLC has been acquired by Foreside Distributors, LLC and changed its name to Foreside Funds Distributors LLC effective as of April 1, 2012; and
WHEREAS, the Parties desire to amend Schedule A to the Agreement; and
NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:
1. All references in the Agreement to “BNY Mellon Distributors Inc. are hereby replaced with “Foreside Funds Distributors LLC.”
2. The address for notices for Distributor in Section 15(d) of the Agreement is hereby deleted and replaced with the following:
“To Distributor:
Foreside Funds Distributors LLC
Xxxxx Xxxxx Xxxxx, Xxxxx 000
Xxxxxxxx, XX 00000
Attn: Legal Department”
3. Schedule A to the Agreement shall be deleted in its entirety and replaced with the new Schedule A, attached hereto.
4. Voya Financial is authorized to process initial investments for Retirement Plans in amounts below the minimum investment amount required for the applicable Fund and class.
IN WITNESS WHEREOF, the undersigned have executed this Amendment by their duly authorized officers as of the date first written above.
VOYA RETIREMENT INSURANCE AND ANNUITY COMPANY
By: /s/ Xxxx Xxxxxxx
Name: Xxxx Xxxxxxx
Title: Vice President
VOYA INSTITUTIONAL PLAN SERVICES, LLC
By: /s/ Xxxx Xxxxxxx
Name: Xxxx Xxxxxxx
Title: Vice President
VOYA FINANCIAL PARTNERS, LLC
By: /s/ Xxxxx Xxxxxxx IV
Name: Xxxxx Xxxxxxx IV
Title: President and Chief Executive Officer
FORESIDE FUNDS DISTRIBUTORS LLC
By: /s/ Xxxx Xxxxxxxxx
Name Xxxx Xxxxxxxxx
Title President
METROPOLITAN WEST ASSET MANAGEMENT, LLC
By /s/ Xxxxxxx Xxxxxx
Name Xxxxxxx Xxxxxx
Title Senior
Vice President
Associate General Counsel
METROPOLITAN WEST FUNDS
By /s/ Xxxxxxx Xxxxxx
Name Xxxxxxx Xxxxxx
Title Assistant
Secretary
SCHEDULE A
Servicing Fees and 12b-1 Fees
For services rendered by Voya under the Agreement with respect to Plan assets invested in the following Funds, Distributor and/or the Funds, as applicable, shall pay the following fees to Voya:
|
Fund |
Share Class |
Service Fee |
12b-1 Fee |
Total Fee |
|
Floating Rate Income Fund |
M |
__ bps |
__ bps |
__ bps |
|
High Yield Bond Fund |
M |
__ bps |
__ bps |
__ bps |
|
Intermediate Bond Fund |
M |
__ bps |
__ bps |
__ bps |
|
Low Duration Bond Fund |
M |
__ bps |
__ bps |
__ bps |
|
Strategic Income Fund |
M |
__ bps |
__ bps |
__ bps |
|
Total Return Bond Fund |
M |
__ bps |
__ bps |
__ bps |
|
Ultra Short Bond Fund |
M |
__ bps |
__ bps |
__ bps |
|
Unconstrained Bond Fund |
M |
__ bps |
__ bps |
__ bps |
|
AlphaTrak 500 Fund |
M |
__ bps |
__ bps |
__ bps |
|
|
|
|
|
|
|
Floating Rate Income Fund |
I |
__ bps |
__ bps |
__ bps |
|
High Yield Bond Fund |
I |
__ bps |
__ bps |
__ bps |
|
Intermediate Bond Fund |
I |
__ bps |
__ bps |
__ bps |
|
Low Duration Bond Fund |
I |
__ bps |
__ bps |
__ bps |
|
Strategic Income Fund |
I |
__ bps |
__ bps |
__ bps |
|
Total Return Bond Fund |
I |
__ bps |
__ bps |
__ bps |
|
Ultra Short Bond Fund |
I |
__ bps |
__ bps |
__ bps |
|
Unconstrained Bond Fund |
I |
__ bps |
__ bps |
__ bps |
|
|
|
|
|
|
|
Total Return Bond Fund |
N |
__ bps |
__ bps |
__ bps |
|
Low Duration Bond Fund |
N |
__ bps |
__ bps |
__ bps |
|
|
|
|
|
|
|
Total Return Bond Fund |
P |
__ bps |
__ bps |
__ bps |
If Distributor is required to make any payments pursuant to this Agreement, Distributor shall be obligated to make such payments only after, for so long as, and to the extent that it receives such payments from the applicable Fund.
