ALLOCATION AGREEMENT
(h)(2)
Fidelity Bond
THIS AGREEMENT made as of this 24th day of May, 2002 by and among any of the Funds listed on Schedule A and any separate classes thereof and all future investment companies and any separate classes thereof (the "Funds"), which are named insureds under a joint liability policy as described below and for which ING Investments, LLC acts as investment manager are entered into under the following circumstances:
A.Section 17(g) of the Investment Company Act of 1940, as amended ("xxx 0000 Xxx") provides that the Securities and Exchange Commission ("SEC") is authorized to require that directors, officers and employees of registered investment companies be covered under a liability, errors and omissions insurance policy, and the SEC has promulgated rules and regulations dealing with this subject ("Rule 17g-1");
B.The Funds are named as joint insureds under the terms of a joint insurance policy ("Policy") which insures against illegal profit or gain, intentional wrongful acts, libel, slander, defamation, ERISA claims, xxxxxxx xxxxxxx, as well as other coverage as outlined in the Policy, by the directors, officers and employees;
C.A majority of those members of the Board of Directors/Trustees of each of the Funds, who are not "interested persons" as defined by Section 2(a)(19) of the 1940 Act, have given due consideration to all factors relevant to the form, amount and apportionment of premiums and recoveries under such Policy and the Board of Directors/Trustees of each Fund has approved the term and amount of the Policy, the portion of the premium payable by that party, and the manner in which recovery on the Policy, if any, shall be shared by and among the parties thereto; and
D.The Funds now desire to enter into the agreement required by Rule 17g-1 of the 1940 Act to establish the manner in which recovery under the Policy, if any, shall be shared.
NOW, THEREFORE, IT IS HEREBY AGREED by and among the parties as follows:
1.Payment of Premiums.
Each Fund shall pay a portion of the premium due under the Policy derived by multiplying the premium by a fraction, (i) the denominator of which is the total net assets of all the Funds combined and (ii) the numerator of which is the total net assets of each of the Funds individually. The net assets of the classes are deemed to be represented by the net assets of their respective funds. Each of the Funds agrees that the appropriateness of the allocation of said premium will be determined no less often than annually. No adjustment of the allocation of said premium will be implemented without approval of the Boards of each of the Funds.
2.Allocation of Recoveries
(a)If more than one of the parties hereto is damaged in a single loss for which recovery is received under the policy, each such party shall receive that portion of the recovery which represents the loss sustained by that party, unless the recovery is inadequate to fully indemnify such party sustaining loss.
(b)If the recovery is inadequate to fully indemnify each such party sustaining a loss, the recovery shall be allocated among such parties as follows:
(i)Each Party sustaining a loss shall be allocated an amount equal to the lesser of its actual loss or the minimum amount of policy which would be required to be maintained by such party under a single insured policy (determined as of the time of loss) in accordance with the provisions of Rule 17g-1.
(ii)The remaining portion of the proceeds shall be allocated to each party sustaining a loss not fully covered by the allocation under subparagraph (i) in the proportion that each such party's last payment of premium bears to the sum of the last such premium payments of all such parties. If such allocation would result in any party which had sustained a loss receiving a portion of the recovery in excess of the loss actually sustained, such excess portion shall be allocated among the other parties whose losses would not be fully indemnified. The allocation shall bear the same proportion as each such party's last payment of premium bears to the sum of the last premium payments of all parties entitled to receive a share of the excess. Any allocation in excess of a loss actually sustained by any such party shall be reallocated in the same manner.
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3.Obligation to Maintain Minimum Coverage.
Each of the Funds represents and warrants to each of the other parties hereto that the minimum amount of coverage required of it by Rule 17g-1 as of the date hereof is as reflected in the schedule attached hereto. Each of the Funds agrees that it will determine, no less than at the end of each calendar quarter, the minimum amount of coverage which would be required of it by Rule 17g-1 if a determination with respect to the adequacy of the coverage were currently being made. In the event that the total amount of the minimum coverage thus determined exceeds the amount of coverage of the then effective policy, the Boards of each of the Funds will be notified and will determine whether it is necessary or appropriate to increase the total amount of coverage of the policy to an amount not less than the total amount of such minimums, or to secure such excess coverage for one or more of the parties hereto, which, when added to the total coverage of the policy, will equal an amount of such minimums. Unless a Fund elects to terminate this Agreement (pursuant to Paragraph 4) and its participation in a joint- insured policy, each Fund agrees to pay its fair portion of the new or additional premium (taking into account all of the then existing circumstances).
4.Continuation and Termination. This Agreement shall become effective on the date first written above, subject to the condition that the Fund's Board of Directors/Trustees, including a majority of those Directors/Trustees who are not interested persons (as such term is defined in the 0000 Xxx) of the Manager, shall have approved this Agreement. This Agreement shall supersede all prior agreements relating to an allocation of premium on any joint insured policy and shall apply to the present liability policy coverage and any renewal or replacement thereof. It shall continue until terminated by any party hereto upon the giving of not less than sixty (60) days notice to the other parties hereto in writing.
5.Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. A written amendment of this Agreement is effective upon the approval of the Board of Directors/Trustees and the Manager.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed by their duly authorized officers as of the date first above written.
On Behalf of: All ING Funds Listed on Schedule A
By: /s/ Xxxxxxx X. Xxxxxx
Xxxxxxx X. Xxxxxx
Executive Vice President
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AMENDED SCHEDULE A
with respect to the
ALLOCATION AGREEMENT – FIDELITY BOND
VOYA ASIA PACIFIC HIGH |
VOYA GLOBAL EQUITY DIVIDEND | |
DIVIDEND EQUITY INCOME FUND |
AND PREMIUM OPPORTUNITY | |
VOYA BALANCED PORTFOLIO, INC. |
FUND | |
VOYA GOVERNMENT MONEY | ||
Voya Balanced Portfolio | ||
VOYA CORPORATE LEADERS® |
MARKET PORTFOLIO | |
| ||
TRUST FUND |
VOYA INFRASTRUCTURE, | |
Voya Corporate Leaders® Trust Fund Series |
INDUSTRIALS AND MATERIALS | |
B |
FUND | |
VOYA EMERGING MARKETS HIGH |
VOYA INTERMEDIATE BOND | |
DIVIDEND EQUITY FUND |
PORTFOLIO | |
VOYA EQUITY TRUST |
VOYA INTERNATIONAL HIGH | |
Voya Large-Cap Growth Fund |
DIVIDEND EQUITY INCOME FUND | |
Voya Large Cap Value Fund |
VOYA INVESTORS TRUST | |
Voya MidCap Opportunities Fund | ||
Voya Multi-Manager Mid Cap Value Fund |
Voya Global Perspectives® Portfolio | |
Voya Real Estate Fund |
Voya Government Liquid Assets Portfolio1 | |
Voya SmallCap Opportunities Fund |
Voya High Yield Portfolio1 | |
Xxxx XXXX Cap Growth Fund |
Voya Large Cap Growth Portfolio | |
Voya U.S. High Dividend Low Volatility |
Voya Large Cap Value Portfolio | |
Fund |
Voya Limited Maturity Bond Portfolio1 | |
|
Voya Multi-Manager Large Cap Core | |
Portfolio1 | ||
Voya Floating Rate Fund |
Voya Retirement Conservative Portfolio | |
Voya GNMA Income Fund |
Voya Retirement Growth Portfolio | |
Voya High Yield Bond Fund |
Voya Retirement Moderate Growth | |
Voya Intermediate Bond Fund |
Portfolio | |
Voya Short Term Bond Fund |
Voya Retirement Moderate Portfolio | |
Voya Strategic Income Opportunities Fund |
Voya U.S. Stock Index Portfolio1 | |
VOYA GLOBAL ADVANTAGE AND |
VY® BlackRock Inflation Protected Bond | |
Portfolio | ||
PREMIUM OPPORTUNITY FUND |
VY® Clarion Global Real Estate Portfolio | |
|
VY® Clarion Real Estate Portfolio |
1Under the terms of the Management Agreement between Voya Investors Trust and Voya Investments, LLC, the Fund is subject to a unified fee arrangement. Accordingly, the portion of Fees allocated to the Fund under this Allocation Agreement will be borne directly by Voya Investments, LLC as provided in the Management Agreement.
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VOYA INVESTORS TRUST (continued) |
VOYA PARTNERS, INC. |
VY® Franklin Income Portfolio |
Voya Global Bond Portfolio |
VY® Invesco Growth and Income Portfolio1 |
Voya Index Solution 2020 Portfolio |
VY® JPMorgan Emerging Markets Equity |
Voya Index Solution 2025 Portfolio |
Portfolio1 |
Voya Index Solution 2030 Portfolio |
VY® JPMorgan Small Cap Core Equity |
Voya Index Solution 2035 Portfolio |
Portfolio1 |
Voya Index Solution 2040 Portfolio |
XX Xxxxxx Xxxxxxx Global Franchise |
Voya Index Solution 2045 Portfolio |
Portfolio1 |
Voya Index Solution 2050 Portfolio |
VY® X. Xxxx Price Capital Appreciation |
Voya Index Solution 2055 Portfolio |
Portfolio1 |
Voya Index Solution 2060 Portfolio |
VY® X. Xxxx Price Equity Income |
Voya Index Solution Income Portfolio |
Portfolio1 |
Voya Solution 2020 Portfolio |
VY® X. Xxxx Price International Stock |
Voya Solution 2025 Portfolio |
Portfolio |
Voya Solution 2030 Portfolio |
VY® Xxxxxxxxx Global Growth Portfolio1 |
Voya Solution 2035 Portfolio |
VOYA MUTUAL FUNDS |
Voya Solution 2040 Portfolio |
Voya Solution 2045 Portfolio | |
Voya CBRE Global Infrastructure Fund |
Voya Solution 2050 Portfolio |
Voya CBRE Long/Short Fund |
Voya Solution 2055 Portfolio |
Voya Diversified Emerging Markets Debt |
Voya Solution 2060 Portfolio |
Fund |
Voya Solution Aggressive Portfolio |
Voya Global Bond Fund |
Voya Solution Balanced Portfolio |
Voya Global Corporate Leaders® 100 Fund |
Voya Solution Conservative Portfolio |
Voya Global Equity Dividend Fund |
Voya Solution Income Portfolio |
Voya Global Equity Fund |
Voya Solution Moderately Aggressive |
Voya Global High Dividend Low Volatility |
Portfolio |
Fund |
Voya Solution Moderately Conservative |
Voya Global Perspectives® Fund |
Portfolio |
Voya Global Real Estate Fund |
VY® American Century Small-Mid Cap |
Voya International Real Estate Fund |
Value Portfolio |
Voya Multi-Manager Emerging Markets |
VY® Baron Growth Portfolio |
Equity Fund |
VY® Columbia Contrarian Core Portfolio |
Voya Multi-Manager International Equity |
VY® Columbia Small Cap Value II Portfolio |
Fund |
VY® Invesco Xxxxxxxx Portfolio |
Voya Multi-Manager International Factors |
VY® Invesco Equity and Income Portfolio |
Fund |
VY® JPMorgan Mid Cap Value Portfolio |
Voya Multi-Manager International Small |
VY® Oppenheimer Global Portfolio |
Cap Fund |
VY® Pioneer High Yield Portfolio |
Voya Russia Fund |
VY® X. Xxxx Price Diversified Mid Cap |
|
Growth Portfolio |
VOYA NATURAL RESOURCES |
VY® X. Xxxx Price Growth Equity Portfolio |
EQUITY INCOME FUND |
VY® Xxxxxxxxx Foreign Equity Portfolio |
________________________ |
|
1Under the terms of the Management Agreement between Voya Investors Trust and Voya Investments, LLC, the Fund is subject to a unified fee arrangement. Accordingly, the portion of Fees allocated to the Fund under this Allocation Agreement will be borne directly by Voya Investments, LLC as provided in the Management Agreement.
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VOYA PRIME RATE TRUST |
VOYA VARIABLE FUNDS | |
VOYA SENIOR INCOME FUND |
Voya Growth and Income Portfolio | |
VOYA VARIABLE INSURANCE | ||
| ||
VOYA SEPARATE PORTFOLIOS |
TRUST | |
TRUST |
VY® Xxxxxxx Sachs Bond Portfolio | |
Voya Emerging Markets Corporate Debt |
VOYA VARIABLE PORTFOLIOS, INC. | |
Fund | ||
Voya Emerging Markets Hard Currency |
Voya Australia Index Portfolio | |
Debt Fund |
Voya Emerging Markets Index Portfolio | |
Voya Emerging Markets Local Currency |
Voya Euro STOXX 50® Index Portfolio | |
Debt Fund |
Voya FTSE 100 Index® Portfolio | |
Voya Investment Grade Credit Fund |
Voya Global Equity Portfolio | |
Voya Securitized Credit Fund |
Voya Hang Seng Index Portfolio | |
Voya Target In-Retirement Fund |
Voya Index Plus LargeCap Portfolio | |
Voya Target Retirement 2020 Fund |
Voya Index Plus MidCap Portfolio | |
Voya Target Retirement 2025 Fund |
Voya Index Plus SmallCap Portfolio | |
Voya Target Retirement 2030 Fund |
Voya International Index Portfolio | |
Voya Target Retirement 2035 Fund |
Voya Japan TOPIX Index® Portfolio | |
Voya Target Retirement 2040 Fund |
Xxxx Xxxxxxx™ Large Cap Growth Index | |
Voya Target Retirement 2045 Fund |
Portfolio | |
Voya Target Retirement 2050 Fund |
Xxxx Xxxxxxx™ Large Cap Index Portfolio | |
Voya Target Retirement 2055 Fund |
Xxxx Xxxxxxx™ Large Cap Value Index | |
Voya Target Retirement 2060 Fund |
Portfolio | |
VOYA SERIES FUND, INC |
Xxxx Xxxxxxx™ Mid Cap Growth Index | |
Portfolio | ||
Voya Corporate Leaders® 100 Fund |
Xxxx Xxxxxxx™ Mid Cap Index Portfolio | |
Voya Global Multi-Asset Fund |
Xxxx Xxxxxxx™ Small Cap Index Portfolio | |
Voya Global Target Payment Fund |
Voya Small Company Portfolio | |
Voya Government Money Market Fund |
Voya U.S. Bond Index Portfolio | |
Voya Mid Cap Research Enhanced Index |
VOYA VARIABLE PRODUCTS TRUST | |
Fund | ||
Voya Small Company Fund |
Voya MidCap Opportunities Portfolio | |
VOYA STRATEGIC ALLOCATION |
Voya SmallCap Opportunities Portfolio | |
| ||
PORTFOLIOS, INC. |
| |
Voya Strategic Allocation Conservative Portfolio |
| |
Voya Strategic Allocation Growth Portfolio |
| |
Voya Strategic Allocation Moderate Portfolio |
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