AMENDMENT NUMBER 4 TO PARTICIPATION AGREEMENT Among SYMETRA LIFE INSURANCE COMPANY, PIMCO VARIABLE INSURANCE TRUST, and ALLIANZ GLOBAL INVESTORS DISTRIBUTORS LLC
Exhibit 99.8 (k)
AMENDMENT NUMBER 4
Among
SYMETRA LIFE INSURANCE COMPANY,
PIMCO VARIABLE INSURANCE TRUST,
and
ALLIANZ GLOBAL INVESTORS DISTRIBUTORS LLC
WHEREAS, Symetra Life Insurance Company (the “Company”), PIMCO Variable Insurance Trust (the “Fund”) and Allianz Global Investors Distributors LLC (the “Underwriter”) are parties to a Participation Agreement dated April 25, 2005, as amended (the “Agreement”); and
WHEREAS, terms of the Agreement contemplate that it may be amended with the mutual agreement of the parties; and
WHEREAS, all other terms of the Agreement shall remain in full force and effect;
NOW, THEREFORE, in consideration of their mutual promises, the Company, the Fund and the Underwriter agree to amend the Agreement as follows:
| 1. | The existing Schedule A is deleted in its entirety and replaced with the accompanying Schedule A. |
(Signatures located on following page)
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IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment Number 4 to the Agreement to be executed in its name and on its behalf by its duly authorized representative as of the date specified below.
SYMETRA LIFE INSURANCE COMPANY
| By its authorized officer | ||
| By: |
| |
| Name: | ||
| Title: | ||
| Date: | ||
PIMCO VARIABLE INSURANCE TRUST
| By its authorized officer | ||
| By: |
| |
| Name: | ||
| Title: | ||
| Date: | ||
ALLIANZ GLOBAL INVESTORS
DISTRIBUTORS LLC
| By its authorized officer | ||
| By: |
| |
| Name: | ||
| Title: | ||
| Date: | ||
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Schedule A
The term “Designated Portfolio” of the Fund will include any currently offered class of any Portfolio of the Fund (as listed below) as well as any Portfolio of the Fund or any share class of any Portfolio (now existing or hereafter created) created subsequent to the date hereof.
Designated Portfolios/Classes:
Administrative Class Shares
All Asset Portfolio
All Asset All Authority
CommodityRealReturn Strategy Portfolio
Diversified Income Portfolio
Emerging Markets Bond Portfolio
Foreign Bond Portfolio (Unhedged)
Foreign Bond Portfolio (U.S. Dollar-Hedged)
Global Bond Portfolio (Unhedged)
High Yield Portfolio
Long-Term U.S. Government Portfolio
Low Duration Portfolio
Money Market Portfolio
Real Return Portfolio
SmallCap StocksPLUS® TR Portfolio
Short-Term Portfolio
Total Return Portfolio
Total Return Portfolio II
Institutional Class Shares
All Asset Portfolio
All Asset All Authority
CommodityRealReturn Strategy Portfolio
Diversified Income Portfolio
Emerging Markets Bond Portfolio
Foreign Bond Portfolio (Unhedged)
Foreign Bond Portfolio (U.S. Dollar-Hedged)
Global Bond Portfolio (Unhedged)
High Yield Portfolio
Long-Term U.S. Government Portfolio
Low Duration Portfolio
Money Market Portfolio
Real Return Portfolio
Short-Term Portfolio
Total Return Portfolio
Total Return Portfolio II
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Advisor Class Shares
All Asset Portfolio
CommodityRealReturn Strategy Portfolio
Emerging Markets Bond Portfolio
Foreign Bond Portfolio (Unhedged)
Global Bond Portfolio (Unhedged)
High Yield Portfolio
Low Duration Portfolio
Real Return Portfolio
SmallCap StocksPLUS® TR Portfolio
Total Return Portfolio
M Class Shares
All Asset Portfolio
All Asset All Authority Portfolio
Segregated Asset Accounts:
Symetra Resource Variable Account B
Symetra Separate Account SL
Symetra Separate Account VL
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AMENDMENT
Among
SYMETRA LIFE INSURANCE COMPANY,
PIMCO VARIABLE INSURANCE TRUST,
and
PIMCO INVESTMENTS LLC
WHEREAS, Symetra Life Insurance Company (the “Company”), PIMCO Variable Insurance Trust (the “Fund”) and Allianz Global Investors Distributors LLC (“AGID”) entered into a Participation Agreement dated April 25, 2005, as amended (the “Agreement”). Terms used but not defined in this Amendment shall have the meaning ascribed to them in the Agreement;
WHEREAS, all of AGID’s rights, titles and interests and duties, liabilities and obligations under the agreement were irrevocably novated and transferred to PIMCO Investments LLC (“PI”) through a Novation of and Amendment to Participation Agreement dated December 31, 2010 by and among AGID, PI, the Fund and the Company; and
WHEREAS, the terms of the Agreement contemplate that it may be amended with the mutual agreement of the parties; and
WHEREAS, the parties desire to amend the Agreement by deleting the current Schedule A to the Agreement in its entirety and replacing it with the Schedule A attached hereto; and
WHEREAS, the parties recognize that the Agreement was previously amended to include Institutional Class and Class M shares of the Designated Portfolios, but that references to Institutional Class and Class M shares were not added to the Agreement’s “whereas” clauses, and the parties, for the avoidance of doubt but without in any way effecting the validity of such previous amendments, desire to further amend the Agreement to include references to Institutional Class and Class M shares in the Agreement’s ninth “whereas” clause; and
WHEREAS, all other terms of the Agreement shall remain in full force and effect;
NOW, THEREFORE, in consideration of their mutual promises, the Company, the Fund and PI agree to amend the Agreement as follows:
| 1. | The existing Schedule A is deleted in its entirety and replaced with the accompanying Schedule A. |
| 2. | The ninth “whereas” clause of the Agreement is deleted in its entirely and replaced with the following: |
“WHEREAS, to the extent permitted by applicable insurance laws and regulations, the Company intends to purchase Administrative, Advisor,
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Institutional and/or Class M shares in the Portfolios listed in Schedule A hereto, as it may be amended from time to time by mutual written agreement (the “Designated Portfolios”) on behalf of the Account to fund the aforesaid Contracts, and the Underwriter is authorized to sell such shares to the Account at net asset value;”
(Signatures located on following page)
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IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to the Agreement to be executed in its name and on its behalf by its duly authorized representative as of the date specified below.
SYMETRA LIFE INSURANCE COMPANY
| By its authorized officer | ||
| By: |
| |
| Name: | Xxxxxx X. Xxxxxxxx | |
| Title: | Executive Vice President | |
| Date: | ||
PIMCO VARIABLE INSURANCE TRUST
| By its authorized officer | ||
| By: |
| |
| Name: | ||
| Title: | ||
| Date: | ||
PIMCO INVESTMENTS LLC
| By its authorized officer | ||
| By: |
| |
| Name: | ||
| Title: | ||
| Date: | ||
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Schedule A
The term “Designated Portfolio” of the Fund will include the following:
For Administrative Class shares, any series of the Fund that offers Administrative Class shares and that is operating as of the date of this Agreement or commences operations after the date of this Agreement, other than any such series that ceases operations.
For Advisor Class shares, any series of the Fund that offers Advisor Class shares and that is operating as of the date of this Agreement or commences operations after the date of this Agreement, other than any such series that ceases operations.
For Institutional Class shares, any series of the Fund that offers Institutional Class shares and that is operating as of the date of this Agreement or commences operations after the date of this Agreement, other than any such series that ceases operations.
For Class M shares, any series of the Fund that offers Class M shares and that is operating as of the date of this Agreement or commences operations after the date of this Agreement, other than any such series that ceases operations.
Segregated Asset Accounts:
Symetra Resource Variable Account B
Symetra Separate Account SL
Symetra Separate Account VL
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