FOURTH AMENDMENT TO SELLING AND SERVICES AGREEMENT AND FUND PARTICIPATION AGREEMENT
Exhibit 24(b)(8.67)
FOURTH AMENDMENT TO SELLING AND SERVICES AGREEMENT
AND
FUND PARTICIPATION AGREEMENT
This Fourth Amendment to the Selling and Services Agreement and Fund Participation Agreement (“Amendment”) is made this 23 day of January, 2018, among Voya Retirement Insurance and Annuity Company (formerly, “ING Life Insurance and Annuity Company”) (“Voya Retirement”), Voya Financial Partners, LLC (formerly, “ING Financial Advisers, LLC”) (“Voya Financial”), Voya Institutional Plan Services, LLC (formerly, “ING Institutional Plan Services, LLC“) (“Voya Institutional”), ReliaStar Life Insurance Company of New York (“RLNY”) (Voya Retirement, Voya Financial, Voya Institutional and RLNH, collectively “Voya”) and Xxxxx Xxxxx Distributors, Inc. (“EVD” or “Distributor”). Capitalized terms used but not defined herein have the meanings ascribed to them in the Agreement.
WHEREAS, the Parties entered into a Selling and Services Agreement and Fund Participation Agreement effective as of October 9, 2007 (the “Agreement”), as amended effective March 18, 2009, July 1, 2009 and May 25, 2017;
WHEREAS, the Parties wish to further amend the Agreement as noted below;
NOW, THEREFORE, the parties hereto agree to amend the Agreement as follows:
1. Schedule B of the Agreement is deleted and replaced in its entirety by the Schedule B attached hereto.
2. Schedule C of the Agreement is replaced in its entirety by the Schedule C attached hereto.
3. Except as modified hereby, all other terms and conditions of the Agreement shall remain in full force and effect.
4. 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. The parties agree that this Amendment will be considered signed when the signature of a party is delivered by facsimile transmission or delivered by scanned image (e.g. .pdf, .tiff, jpg, .jpeg or other file extension) as an attachment to an email. Such facsimile or scanned image may include this Amendment in its entirety or a standalone signature page, either of which shall have the same effect as an original signature and shall be considered definitive evidence of the final agreement between the parties.
IN WITNESS WHEREOF, the undersigned have executed this Amendment by their duly authorized officers as of the date above.
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VOYA RETIREMENT INSURANCE AND ANNUITY COMPANY |
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By: /s/Xxxxxxxxx Xxxxxxxxx |
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Name: Xxxxxxxxx Xxxxxxxxx |
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Title: Vice President |
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VOYA FINANCIAL PARTNERS, LLC |
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By: /s/Xxxxxxxxx Xxxxxxxxx |
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Name: Xxxxxxxxx Xxxxxxxxx |
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Title: Vice President |
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VOYA INSTITUTIONAL PLAN SERVICES, LLC |
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By: /s/Xxxxxxxxx Xxxxxxxxx |
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Name: Xxxxxxxxx Xxxxxxxxx |
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Title: Vice President |
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RELIASTAR LIFE INSURANCE COMPANY OF NEW YORK |
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By: /s/Xxxxxxxxx Xxxxxxxxx |
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Name: Xxxxxxxxx Xxxxxxxxx |
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Title: Vice President |
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XXXXX XXXXX DISTRIBUTORS, INC. |
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By: /s/Xxxx X. Xxxxx |
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Name: Xxxx X. Xxxxx, CFA |
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Title: SVP, Managing Director |
SCHEDULE B
Fee for Performance of Administrative Services
For performance of Administrative Services by Voya under the Agreement with respect to Plan assets invested in the following the Xxxxx Xxxxx and Xxxxxxx Funds, Distributor shall pay the following fee to Voya:
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Fund |
Share Class |
Fee |
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All Xxxxx Xxxxx Funds |
(Advisers Class, Class A, Class C, Class R and Investor Class shares) |
x.xx% (xx bps) |
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All Xxxxx Xxxxx Funds |
Class I and Institutional Class shares |
x.xx% (xx bps) |
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All Xxxxx Xxxxx Funds |
Class R6 shares |
x.xx% (x bps) |
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All Xxxxxxx Funds except for Xxxxxxx Ultra-Short Duration Income Fund, Xxxxxxx International Responsible Index Fund, Xxxxxxx US Large-Cap Core Responsible Index Fund, Xxxxxxx US Large-Cap Growth Responsible Index Fund, Xxxxxxx US Large-Cap Value Responsible Index Fund and Xxxxxxx US Mid-Cap Core Responsible Index Fund (Xxxxxxx Excluded Funds) |
Class A |
x.xx% (xx bps) |
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All Xxxxxxx Funds except for Xxxxxxx Excluded Funds |
Class I shares |
x.xx% (xx bps) |
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Xxxxxxx Excluded Funds |
Class A shares |
x.xx% (x bps) |
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Xxxxxxx Excluded Funds |
Class I shares |
x.xx% (x bps) |
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All Xxxxxxx Funds |
Class R6 shares |
x.xx% (x bps) |
SCHEDULE C
Fee Schedule
Fee for Administrative Services. See Schedule B.
Voya shall receive no fee for providing Administrative Services for those Plans which are customers of financial institutions where Distributor has an agreement to pay such financial institutions for providing such Administrative Services to such Plans with respect to the Xxxxxxx Funds and the Funds.
Calculation. Fees will be calculated based on the average daily net asset value of shares of each Fund held by the Voya during each calendar quarter. To calculate the fees, the Voya’s aggregate investment in each Fund (net asset value per share of each Fund multiplied by total number of shares held by the Voya in each Fund) will be calculated for each calendar day during the quarter, and divided by the total number of calendar days during such quarter.
Billing. Voya shall calculate the amount of each quarterly payment and shall deliver to the EV a quarterly statement showing the calculation of the amount payable to Plan Servicer for such quarter. Such statement shall include the following information.
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TPA/Client Name |
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Fund Name |
Cusip |
Acct# |
Avg Fund Assets |
Avg Participant Count |
Admin Fee (bps) |
Fees Due |
Statements shall be e-mailed to the following:
XXXXxxxxxxxxxxxxx@XxxxxXxxxx.xxx
