AMENDMENT 9 TO PARTICIPATION AGREEMENT
Effective June 20, 2012, the Participation Agreement made and entered
into as of 20th day of February, 1997 as amended, by and among CMFG Life
Insurance Company ("CMFG") (f/k/a CUNA Mutual Insurance Society), Xxxxxxxxxxx
Variable Account Funds (the "Funds"), Panorama Series Funds, Inc. (the "Panorama
Fund") and OppenheimerFunds, Inc. (the "Fund Party") is hereby amended as
follows:
WHEREAS, CUNA Mutual Insurance Society notified the Fund Party via letter dated
December 9th, 2011 of its corporate name change to CMFG Life Insurance Company,
which was effective January 31, 2012;
WHEREAS, the parties desire to update the list of Separate Accounts and
Contracts under the Agreement;
WHEREAS, CMFG desires to submit transaction requests to Fund Party to be
processed through the National Securities Clearing Corporation's ("NSCC") Mutual
Fund Settlement, Entry and Registration Verification ("Fund/SERV") system, and
transmit account information through the NSCC's ("Networking") system;
WHEREAS, CMFG and Fund Party or an affiliate have each entered into the Standard
Networking Agreement (the "Networking Agreement") with respect to Networking
participants of the National Securities Clearing Corporation (the "NSCC"); and
WHEREAS, CMFG and Fund Party desire to participate in Networking through the
NSCC in accordance with the terms set forth in the Networking Agreement, as
supplemented by this Amendment with respect to Portfolios of Xxxxxxxxxxx
Variable Account Funds and Panorama Series Fund, Inc. listed on Schedule 3 to
the Agreement (the "Portfolios");
NOW, THEREFORE, in consideration of the mutual agreements herein
contained, and intending to be legally bound, the parties hereby covenant and
agree as follows:
1. The parties agree, effective as of the date of this amendment, that
(a) CMFG shall replace CMIS as a contracting party, and each reference in the
agreement to CMIS will be replaced with a reference to CMFG and (b) CMFG will
succeed to all of CMIS' rights, obligations, interests and liabilities under the
Agreement, as amended.
2. General Terms. This Agreement, as amended, constitutes the entire
agreement between the parties with respect to the matters addressed and
contemplated herein. Except as amended herein, the other terms and provisions of
the Agreement remain in full force and effect. Unless otherwise defined herein,
capitalized terms used in this Amendment shall have the meaning assigned to them
in the Agreement. In the event of a conflict between the terms of the Agreement
and the terms of this Amendment, the terms of this Amendment shall control.
3. The following language is hereby added as section 1.7 of the
Agreement:
1.7. Transactions may be processed through the National Securities Clearing
Corporation's ("NSCC") Mutual Fund Settlement, Entry and Registration
Verification (Fund/SERV) system. If the parties choose to use Fund/SERV, the
parties agree to (a) be bound by the terms of the Fund/SERV Agreement filed by
each entity with the NSCC, (b) to perform any and all duties, functions,
procedures and responsibilities assigned to them and as otherwise established by
the NSCC applicable to Fund/SERV and the applicable Networking Matrix Level
utilized. Each party, shall adopt, implement and maintain procedures reasonably
designed to ensure compliance with this Section and ensure the accuracy of all
transmissions through Networking as well as to limit the access to, and the
inputting of data into, Networking to persons specifically authorized by such
party.
4. Schedule 1 and 2 of the Agreement are each hereby replaced with the
new Schedule 1 and 2 attached hereto.
All other terms and provisions of the Agreement not amended herein shall
remain in full force and effect.
XXXXXXXXXXX VARIABLE ACCOUNT FUNDS
By: /s/ Xxxxx Xxxxxxxx
------------------------
Title: Assistant Treasurer
------------------------
PANORAMA SERIES FUND, INC.
By: /s/ Xxxxx Xxxxxxxx
------------------------
Title: Assistant Treasurer
------------------------
OPPENHEIMERFUNDS, INC.
By: /s/ Xxxxxx Xxxxx
------------------------
Title: SVP - Transfer Agent
------------------------
CMFG LIFE INSURANCE COMPANY
By: /s/ Xxxxx X. Xxxx
------------------------
Xxxxx X. Xxxx
Title: Senior Vice President
SCHEDULE 1
CMFG LIFE INSURANCE COMPANY SEPARATE ACCOUNTS
CMFG Variable Life Insurance Account
CMFG Group Variable Annuity Account
CMFG Variable Annuity Account
SCHEDULE 2
CMFG LIFE INSURANCE COMPANY CONTRACTS
COVERED BY SEPARATE ACCOUNTS LISTED ON SCHEDULE 1
CMFG Variable Annuity Account
MEMBERS Variable Annuity Product
MEMBERS Variable Annuity I Product
MEMBERS Variable Annuity II Product
MEMBERS Variable Annuity III Product
MEMBERS Choice Variable Annuity Product
CMFG Variable Life Insurance Account
MEMBERS Variable Universal Life Product
MEMBERS Variable Universal Life II Product
CMFG Group Variable Annuity Account
UltraSaver Group Annuity Product
CU Pension Saver Group Annuity Product
CU Ultra Saver Group Annuity Product
CU Select Pension Saver Group Annuity Product
