Contract

Exhibit 24(b)(8.161)

First Amendment to the Selling and Services Agreement and Fund Participation Agreement

This First Amendment dated as of December 15, 2009 by and between ING Life Insurance and
Annuity Company (“ING Life”), ING Institutional Plan Services, LLC (“ING Institutional”), ING Financial
Advisers, LLC (“ING Financial”)(collectively “ING”), and Xxxxxxxxx Investment Management, Inc.
(“Adviser”) and Xxxxxxxxx Securities Corporation (“Distributor”) (together the “Fund Parties”) , acting as
agent for the registered open-end management investment companies listed in Schedule B whose shares are
or may be underwritten by Distributor each a “Fund” or collectively the “Funds”), is made to the Selling and
Services Agreement and Fund Participation Agreement dated as of March 12, 2008 (the “Agreement”).
Terms defined in the Agreement are used herein as therein defined.

WHEREAS, ING Institutional is a limited liability company that provides various recordkeeping
and other administrative services to certain Plans; and

WHEREAS, the parties wish to add ING Institutional to the Agreement.

NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter
contained, the parties agree as follows:

1. ING Institutional is hereby added to the Agreement as an additional recordkeeper, and all
provisions in the Agreement relating to ING Life in its capacity as a recordkeeper in connection with the
investment by Plans in the Funds are hereby amended to refer to both ING Life and ING Institutional. The
defined term “ING” in the Agreement is hereby amended to include ING Life, ING Institutional, and ING
Financial.

2. Paragraph 2 of the Agreement is hereby deleted in its entirety and replaced with the
following:

2.      Omnibus Account.

The parties agree that, with respect to each Fund, three omnibus accounts, each
held in the name of the Nominee, shall be maintained (the “Account” or collectively, the
“Accounts”). One Account shall be maintained in connection with Plans for which ING
Life shall provide various recordkeeping and other administrative services, and a second
Account shall be maintained in connection with Plans for which ING Institutional shall
provide various recordkeeping and other administrative services. A third Account held
in the name of ING Life shall be maintained for those Plan assets directed for investment
in the Fund through the Contracts. ING Institutional, as service agent for Plans, or ING
Life, as service agent for Plans or issuer of the Contracts, shall facilitate purchase and
sale transactions with respect to the Accounts in accordance with the Agreement.

3. Paragraphs 5 and 6 of the Agreement are hereby deleted in their entirety and replaced with
the following:

5.      Servicing Fees:

The provision of shareholder and administrative services to contract owners or to
the Plans shall be the responsibility of ING Financial, ING Life, ING Institutional or the
Nominee and shall not be the responsibility of Distributor. The Nominee, or ING Life
on behalf of its Separate Accounts, will be recognized as the sole shareholder of Fund
shares purchased under this Agreement. It is further recognized that there will be a
substantial savings in administrative expense and recordkeeping expenses by virtue of

having one shareholder rather than multiple shareholders. In consideration of the
administrative savings resulting from such arrangement, Adviser agrees to pay to ING
Life or ING Institutional, as appropriate, a servicing fee, as specified in Schedule B to
this Agreement. ING will calculate the amount of the payment to be made pursuant to
this Section at the end of each calendar quarter and will submit an invoice to the Adviser
within 30 days of the end of the calendar quarter. Adviser will make such payments to
ING Life or ING Institutional within thirty (30) days after the receipt of the invoice. The
invoice will include the number of Participants per Plan for each Fund. If required by a
Plan or by applicable law, ING Life or ING Institutional shall have the right to allocate
to a Plan or to Participant accounts in a Plan all or a portion of such servicing fees, or to
use servicing fees it collects from Adviser to offset other fees payable by the Plan to ING
Life or ING Institutional.

6. 12b-1 Fees.

To compensate ING Financial for its distribution of Fund Shares or
administrative services related to Fund Shares, Adviser or Distributor shall make
quarterly 12b-1 payments to ING Financial in accordance with the then current
prospectus of the Fund. Adviser or Distributor will make such payments to ING
Financial within thirty (30) days after the end of each calendar quarter. Each payment
will be accompanied by a statement showing the calculation of the fee payable to ING
Financial for the quarter and such other supporting data as may be reasonably requested
by ING Financial. If required by a Plan or by applicable law, ING Financial shall have
the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such
12b-1 fees, or to use 12b-1 fees it collects from Distributor to offset other fees payable
by the Plan to ING Financial.

4.	The following is added as Section 13(d) to the Agreement:
	(d) Representations of ING Institutional. ING Institutional represents and warrants:
	(i) that it (1) is a limited liability company organized under the laws of the State
	of Delaware, (2) is in good standing in that jurisdiction, (3) is in material compliance
	with all applicable federal and state laws, (4) is duly licensed and authorized to conduct
	business in every jurisdiction where such license or authorization is required, and will
	maintain such license or authorization in effect at all times during the term of this
	Agreement, and (5) has full authority to enter into this Agreement and carry out its
	obligations pursuant to it terms; and

(ii) that it is authorized under the Plans to (1) provide administrative services to
the Plans and (2) facilitate transactions in the Fund through the Account.

5.	The following replaces Section 15(d) of the Agreement:
	(d) Notices. All notices and other communications hereunder shall be given or made in
writing and shall be delivered personally, or sent by telex, facsimile, express delivery or

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registered or certified mail, postage prepaid, return receipt requested, to the party or parties to
whom they are directed at the following address, or at such other addresses as may be designated
by notice from such party to all other parties.

To ING:
ING
Xxx Xxxxxx Xxx, X0X
Xxxxxxx, XX 00000-0000
Attention: Xxxxxxxx Xxxxxxxx
Worksite Investment Products

To Distributor:
Thornburg Securities Corporation
0000 Xxxxx Xxxxxxxx Xxxx
Xxxxx Xx, XX 00000
Attention: Xxxxx Xxxxxxxx

To Adviser:
Xxxxxxxxx Investment Management, Inc.
0000 Xxxxx Xxxxxxxx Xxxx
Xxxxx Xx, XX 00000
Attention: Sasha Wilcoxo

Any notice, demand or other communication given in a manner prescribed in this Subsection (d)
shall be deemed to have been delivered on receipt.

6. The following provision (i) is added to as Section 15 of the Agreement:

(i) Redemption Fees. The parties agree that transactions in the Funds by Plans or Plan
Participants pursuant to the terms of this Agreement are not subject to any redemption
fees that may otherwise be required by the Funds; provided however that upon
Distributor’s written request, ING Life and ING Institutional will implement such
redemptions fees in a time frame and manner mutually acceptable to all parties.

7. Except as modified hereby, all other terms and conditions of the Agreement shall remain in full
force and effect.

8. This Amendment may be executed in two or more counterparts, each of which shall be deemed
to be an original, but all of which together shall constitute one and the same Amendment.

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ING LIFE INSURANCE AND	XXXXXXXXX INVESTMENT MANAGEMENT, INC.
ANNUITY COMPANY
	By: /s/ Xxxxx XxXxxxx
By: /s/ Xxxxx Xxxxx	Name:	Xxxxx XxXxxxx
Name: Xxxxx Xxxxx	Title:	President
Title: Senior Vice President
ING FINANCIAL ADVISERS, LLC	XXXXXXXXX SECURITIES CORPORATION
By: /s/ Xxxxx Xxxxxx	By: /s/ Xxxxx Xxxxxxxx
Name: Xxxxx Xxxxxx	Name: Xxxxx Xxxxxxxx
Title: COO/VP	Title: Vice President
ING INSTITUTIONAL PLAN SERVICES, LLC
By: /s/ Xxxxxxxx Xxxxxxxxx, Attorney-in-Fact
Name: Xxxxxxxx Xxxxxxxxx, Attorney in Fact
Title: Vice President

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