To SELLING AND SERVICES AGREEMENT and FUND PARTICIPATION AGREEMENT
Exhibit 99-B.8.146 SECOND AMENDMENT | ||
To | ||
SELLING AND SERVICES AGREEMENT | ||
and | ||
FUND PARTICIPATION AGREEMENT | ||
| ||
THIS SECOND AMENDMENT to the Selling and Services Agreement and Fund | ||
Participation Agreement ("Second Amendment") is made and entered into as of the 1st day of | ||
July, 2005, by and between ING Life Insurance and Annuity Company ("ING Life"), ReliaStar | ||
Life Insurance Company ("ReliaStar"), ReliaStar Life Insurance Company of New York | ||
("ReliaStar New York") (collectively, the "Insurer(s)"), ING Financial Advisers, LLC ("ING | ||
Financial") (together with Insurers referred to collectivelyas "ING"), and Allianz Global Investors | ||
Distributors LLC (formerly PIMCO Advisors Distributors LLC ("Distributor"). Capitalized terms | ||
not otherwise defined herein shall have the meaning ascribed to them in the Agreement (defined | ||
below). | ||
WHEREAS, ING and the Distributor are parties to a Selling and Services Agreement and | ||
Fund Participation Agreement dated as of March 11, 2003, as amended to date ("Agreement"); | ||
and | ||
WHEREAS, the parties now desire to amend the Agreement. | ||
NOW, THEREFORE, in consideration of the mutual promises set forth herein the parties | ||
agree as follows: | ||
1. The Insurers desire to add the administrative Class shares ("Admin Share") of the | ||
Allianz CCM Capital Appreciation Fund ("CapAp Fund") to the coverage of the Agreement. | ||
Therefore: | ||
(a) | For the purposes of the Agreement and subject to the provisions of this Second | |
Amendment, "shares" shall include the CapAp Fund Admin Shares; | ||
(b) | The Servicing Fees pursuant to Section 4 of the Agreement for the CapAp Fund Admin | |
Shares shall be at the annual rate of ____%; and | ||
(c) | For the purposes of Section 5 of the Agreement, CapAp Fund Admin Shares shall be | |
treated as if they were Class A Shares. | ||
2. Exhibit II of the Agreement shall be amended as follows: | ||
(a) | For all Funds currently listed on Exhibit II, the word "PIMCO" in the name of each | |
such Fund shall be changed to "Allianz"; and | ||
(b) | The PIMCO GNMA Fund, the PIMCO Real Return Fund and the PMCO Total Return | |
Fund shall be added to Exhibit II. |
3. | A new Section 15 shall be added to the Agreement and it shall read in its entirety as | |
follows: | ||
"Anti-Money Laundering. Each party to this Agreement herebyagrees to abide by | ||
and comply with all applicable anti-money laundering laws and regulations | ||
including the Anti-Money Laundering and Abatement Act and relevant provisions | ||
of the USA Patriot Act of 2001. Each party represents that it has established an | ||
Anti-Money Laundering Program that is reasonably calculated to complywith all | ||
material aspects of the USA Patriot Act of 2001 and other applicable anti-money | ||
laundering laws and regulations. Each party also hereby agrees to take action to | ||
comply with any new or additional anti-money laundering regulations. | ||
ING Financial certifies that it has adopted and applies a Customer Identification | ||
Program reasonably calculated to comply with applicable legal requirements. | ||
Unless otherwise prohibited by applicable law, ING agrees to notify the | ||
Distributor promptly whenever, with respect to any such investor, it detects | ||
potential indications of any: (i) suspicious activity that would require a | ||
broker/dealer or bank (as applicable) to file a suspicious activity report or (ii) | ||
Office of Foreign Asset Control matches. | ||
4. | Except as modified hereby, all other terms and conditions of the Agreement shall | |
remain in full force and effect. This Second Amendment shall be effective as of July 1, 2005. | ||
5. | This Second Amendment may be executed in counterparts, each of which shall be | |
deemed to be an original, but all of which together shall constitute one and the same Second | ||
Amendment. | ||
IN WITNESS WHEREOF, the parties hereto have executed and delivered this Second Amendment as of the | ||||||
date set forth above. | ||||||
ING LIFE INSURANCE AND ANNUITY | ING FINANCIAL ADVISERS LLC | |||||
COMPANY | ||||||
By: | /s/ Xxxxxx X. Xxxxxxxxxxx | By: | /s/ Xxxxxxxxx Xxxxxx | |||
Name: | Xxxxxx X. Xxxxxxxxxxx | Name: | Xxxxxxxxx Xxxxxx | |||
Title: | Vice President | Title: | Vice President | |||
Date: | June 30, 2005 | Date: | July 1, 2005 | |||
RELIASTAR LIFE INSURANCE | RELIASTAR LIFE INSURANCE | |||||
COMPANY | COMPANY OF NEW YORK | |||||
By: | /s/ Xxxxxx X. Xxxxxxxxxxx | By: /s/Xxxxxx X. Xxxxxxxxxxx | ||||
Name: | Xxxxxx X. Xxxxxxxxxxx | Name: | Xxxxxx X. Xxxxxxxxxxx | |||
Title: | Vice President | Title: | Vice President | |||
Date: | June 30, 2005 | Date: | June 30, 2005 | |||
ALLIANZ GLOBAL INVESTORS DISTRIBUTORS | ||||||
LLC (formerly PIMCO ADVISORS DISBRIBUTORS LLC) | ||||||
By: | /s/ E. Xxxxx Xxxxx, Jr | |||||
Name: | E. Xxxxx Xxxxx, Jr | |||||
Title: | Managing Director/CEO | |||||
Date: | July 12, 2005 |