Second Amendment to the Selling and Services Agreement and Participation Agreement
Exhibit 24(b)(8.152) |
Second Amendment to the Selling and Services Agreement and Participation Agreement |
This Second Amendment dated as of 6th day of November, 2009 by and between ING Life
Insurance and Annuity Company (“ING Life”), ING Institutional Plan Services, LLP (“ING Institutional”),
ING Financial Advisers, LLC (“ING Financial”)(collectively “ING”), and Royce Fund Services, Inc.
(“RFS”), and the registered investment companies listed in Schedule A (the registered investment
companies and the specific series and classes of shares listed on Schedule A being referred to as the
“Funds”), is made to the Selling and Services Agreement and Participation Agreement dated as of June 27,
2008 (the “Agreement”). Terms defined in the Agreement are used herein as therein defined.
WHEREAS, the parties desire to amend the Agreement to add additional funds for the Consultant
Class and revise the fee schedule to reflect the addition of the Consultant Class as set forth in Schedule A of
said Agreement.
NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter
contained, the parties agree as follows:
1. Schedule A to the Agreement is deleted and replaced in its entirety with the attached
Schedule A.
2. Except as modified hereby, all other terms and conditions of the Agreement shall remain in full
force and effect.
3. 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.
ING LIFE INSURANCE AND | ROYCE FUND SERVICES, INC. | ||
ANNUITY COMPANY | |||
By: | /s/ Xxxx Xxxxxxxxx | ||
By: | /s/ Xxxx X. Xxxxxxx | Name: Xxxx Xxxxxxxxx | |
Name: | Xxxx X. Xxxxxxx | Title: | |
Title: Vice President | |||
ING FINANCIAL ADVISERS, LLC | THE ROYCE FUND, | ||
[on behalf of each series listed on Schedule A] | |||
By: | /s/ Xxxxx Xxxxxx | ||
Name: | Xxxxx Xxxxxx | By: | /s/ Xxxx Xxxxxxxxx |
Title: COO/VP | Name: Xxxx Xxxxxxxxx | ||
Title: | |||
ING INSTITUTIONAL PLAN SERVICES, LLC | |||
By: | /s/ Xxxxxxxx Xxxxxxxxx, Attorney in Fact | ||
Name: Xxxxxxxx Xxxxxxxxx, Attorney in Fact | |||
Title: | Vice President |
SCHEDULE A
List of Available Funds And Fees
FUNDS
TICKER | CUSIP | |
Investment Class | ||
Royce Pennsylvania Mutual Fund | PENNX | 780905840 |
Royce Micro-Cap Fund | RYOTX | 780905709 |
Royce Premier Fund | RYPRX | 780905600 |
Royce Low-Priced Stock Fund | RLPHX | 780905246 |
Royce Total Return Fund | RYTRX | 780905881 |
Royce Heritage Fund | RHFHX | 780905238 |
Royce Opportunity Fund | RYPNX | 780905832 |
Royce Special Equity Fund | RYSEX | 780905782 |
Royce Value Fund | RYVHX | 780905220 |
Royce Value Plus Fund | RYVPX | 780905741 |
Royce 100 Fund | ROHHX | 780905196 |
Royce Dividend Value Fund | RDVIX | 780905188 |
Service Class | ||
Royce Pennsylvania Mutual Fund | RYPFX | 780905667 |
Royce Micro-Cap Fund | RMCFX | 780905659 |
Royce Premier Fund | RPFFX | 780905634 |
Royce Low-Priced Stock Fund | RYLPX | 780905808 |
Royce Total Return Fund | RYTFX | 780905642 |
Royce Heritage Fund | RGFAX | 780905857 |
Royce Opportunity Fund | RYOFX | 780905758 |
Royce Special Equity Fund | RSEFX | 780905527 |
Royce Value Fund | RYVFX | 780905733 |
Royce Value Plus Fund | RYVPX | 780905741 |
Royce Technology Value Fund | RYTVX | 780905584 |
Royce 100 Fund | RYOHX | 780905519 |
Royce Discovery Fund | RYDFX | 780905477 |
Royce Financial Services Fund | RYFSX | 780905469 |
Royce Dividend Value Fund | RYDVX | 780905436 |
Royce Global Value Fund | RIVFX | 780905329 |
Royce European Smaller-Companies Fund | RICSX | 780905311 |
Xxxxx XXxx-Cap Value Fund | RMVSX | 780905154 |
R Class | ||
Royce Pennsylvania Mutual Fund | RPMRX | 780905295 |
Royce Premier Fund | RPRRX | 780905287 |
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TICKER | CUSIP | ||
Royce Low-Priced Stock Fund | RLPRX | 780905279 | |
Royce Total Return Fund | RTRRX | 780905261 | |
Royce Heritage Fund | Not Live | 780811105 | |
Royce Opportunity Fund | ROFRX | 780905253 | |
Royce Value Fund | RVVRX | 780905170 | |
Royce Value Plus Fund | RVPRX | 780905162 | |
Royce 100 Fund | Not Live | 780811204 | |
K Class | |||
Royce Pennsylvania Mutual Fund | Not Live | 780811303 | |
Royce Premier Fund | Not Live | 780811402 | |
Royce Low-Priced Stock Fund | Not Live | 780811501 | |
Royce Total Return Fund | Not Live | 780811600 | |
Royce Heritage Fund | Not Live | 780811709 | |
Royce Opportunity Fund | Not Live | 780811808 | |
Royce Value Fund | Not Live | 780811873 | |
Royce Value Plus Fund | Not Live | 780811881 | |
Royce 100 Fund | Not Live | 780811865 | |
Institutional Class | |||
Royce Premier Fund | RPFIX | 780905683 | |
Royce Low-Priced Stock Fund | RLPIX | 780905394 | |
Royce Total Return Fund | RTRIX | 780905717 | |
Royce Heritage Fund | Not Live | 780905675 | |
Royce Opportunity Fund | ROFIX | 780905691 | |
Royce Special Equity Fund | RSEIX | 780905535 | |
Royce Value Fund | RVFIX | 780905352 | |
Royce Value Plus Fund | RVPIX | 780905337 | |
Royce 100 Fund | Not Live | 780905493 | |
Consultant Class | |||
Royce Pennsylvania Mutual Fund | RYPCX | 780905816 | |
Royce Micro-Cap Fund | RYMCX | 780905774 | |
Royce Total Return Fund | RYTCX | 780905592 | |
Royce Heritage Fund | RYGCX | 780905618 | |
Royce Special Equity | RSQCX | 780905543 | |
Royce Premier Fund | RPRCX | 780905550 | |
Royce Opportunity Fund | ROFCX | 780905378 | |
Royce Value Fund | RVFCX | 780905360 | |
Royce Value Plus Fund | RVPCX | 780905345 |
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FEES
As compensation for the services provided under this Agreement, ING will be entitled to
receive a fee, computed daily and paid quarterly in arrears, at the annual rates set forth below of
the average daily value of the Shares of the Funds owned beneficially by the Plans. For purposes
of this schedule, the average daily value of the Shares of each Fund will be based on the net asset
value reported by RFS or its designee to ING.
Each Fund will be obligated to pay that portion of the fee designated by it as representing
transfer agent, recordkeeping, administrative servicing and/or shareholder servicing fees which the
Fund would otherwise pay if Plan Accounts were direct shareholders of the Fund. RFS, or its
designee, will pay any portion of the fee not paid by the Funds. In this regard, ING acknowledges
that RFS’ payments to ING may be funded, in whole or in part, by payments from a Fund under a
plan of distribution adopted by that Fund pursuant to Rule 12b-1 under the Investment Company
Act of 1940 (12b-1 Plan); if this is the case, ING will provide such information to RFS as is
reasonably necessary for it to comply with its obligations under the 12b-1 Plan, including, but not
limited to, obligations to make disclosures to the board(s) of trustees of the Fund. The amount of
the fee attributable to service/recordkeeping/administrative services and to services payable
pursuant to a Fund’s 12b-1 plan are noted in the chart below.
Share Class | Investment | Service | R | K | Institutional | Consultant |
12b-1 Fees | _____% | ____% | _____% | _____% | None | _____% |
Service Fees | _____% | ____% | _____% | _____% | None | _____% |
Total Fees | _____% | ____% | _____% | _____% | None | _____% |
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