AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT AMONG VARIABLE INSURANCE PRODUCTS FUND FIDELITY DISTRIBUTORS CORPORATION and CONNECTICUT MUTUAL LIFE INSURANCE COMPANY
Exhibit 26 (h) i. b. b1. i.
AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT AMONG
VARIABLE INSURANCE PRODUCTS FUND
FIDELITY DISTRIBUTORS CORPORATION
and
CONNECTICUT MUTUAL LIFE INSURANCE COMPANY
WHREAS, CONNECTICUT MUTUAL LIE INSURANCE COMPANY (the “Company”), VARIABLE INSURANCE PRODUCTS FUND (the “Fund) and FIDELITY DISTRIBUTORS CORPORATION have previously entered into a Participation Agreement (the “agreement”) containing certain arrangements concerning prospectus costs; and
WHEREAS, the Trustees of the Fund have approved certain changes to the expense structure of the Fund; and
NOW, THEREFORE, the parties do hereby agree to amend the Agreement by substituting the following arrangement in place of any inconsistent language in the Participation Agreement, wherever found:
1. The Fund will provide to the Company each year, at the fund’s cost, such number of prospectuses and Statements of Additional Information as are actually distributed to the Company’s then-existing variable life and/or variable annuity contract owners.
2. If the Company takes camera-ready film or computer diskettes containing the fund’s prospectus and/or Statement of Additional Information in lieu of receiving hard copies of these documents, the Fund will reimburse the Company in an amount computed as follows. The number of prospectuses and Statements of Additional Information actually distributed to existing contract owners by the Company will be multiplied by the Fund’s actual per-unit cost of printing the documents.
3. The Company agrees to provide the Fund or its designee with such information as may be reasonably requested by the Fund in order to verify that the prospectuses and Statements of Additional Information provided to the company, or the reimbursement made to the company, are or have been used only for the purposes set forth hereinabove.
IN WITNESS WHEREOF we have set our hand as of the 15th day of December, 1994.
CONNECTICUT MUTUAL LIFE INSURANCE COMPANY | ||||||||
By: | /s/ Xxxxxx Xxxx |
|||||||
Name: | Xxxxxx Xxxx | |||||||
Title: | Chief Operating Officer | |||||||
VARIABLE INSUARNCE PRODUCTS FUND | FIDELITY DISTRIBUTORS CORPORATION | |||||||
By: | /s/ J. Xxxx Xxxxxxxx |
By: | /s/ Xxxx X. Xxxxx | |||||
Name: | J. Xxxx Xxxxxxxx |
Name: | Xxxx X. Xxxx | |||||
Title: | Senior Vice President | Title | President |
Amendment to Participation Agreement
This Amendment dated 7/25, 2000 amends the Participation Agreement (“Agreement) dated as of April 1, 1994 among Connecticut Mutual Life Insurance Company, Fidelity Distributors Corporation and Variable Insurance Products Fund.
WHEREAS, Massachusetts Mutual Life Insurance Company as succeeded to the rights and obligations of Connecticut Mutual Life Insurance Company for all purposes relevant to the Agreement; and
NOW, THEREFORE, the parties hereby agree as follows:
1. Massachusetts Mutual Life Insurance Company assumes all rights ad obligations of Connecticut Mutual Life Insurance Company under the Agreement.
2. All references in the Agreement to Connecticut Mutual Life Insurance Company or to the “Company” shall refer to Massachusetts Mutual Life Insurance Company
3. Section 2.5 is replaced in its entirety with the following:
2.5(a) With respect to Initial Class shares, the Fund currently does not intend to make any payments to finance distribution expenses pursuant to Rule 12b-1 under the 1940 Act or otherwise, although it may make such payments in the future. The fund has adopted a “no fee” or “defensive” Rule 12-b1 Plan under which it makes no payments for distribution expenses. To the extent that it decides to finance distribution expenses pursuant to Rule 12b-1, the fund undertakes to have a board of trustees, a majority of whom are not interested persons of the Fund, formulate and approve any plan under Rule 12b-1 to finance distribution expenses.
(b) With respect to Service Class shares and Service Class 2 shares, the Fund has adopted Rule 12b-1 Plans under which it makes payments to finance distribution expenses. The fund represents and warrants that it has a board of trustees, a majority of whom are not interested persons of the Fund, which has formulated and approved each of this Rule 12b-1 Plans to finance distribution expenses of the Fund and that any changes to the Fund’s Rule 12b-1 Plans will be approved by a similarly constituted board of trustees.
4. Schedules A and C of the Agreement are hereby replaced with the revised Schedules A and C, attached hereto and incorporated by reference.
5. The Agreement, as supplemented by this Amendment, is ratified and confirmed.
Massachusetts Mutual Insurance Company
(successor to Connecticut Mutual Life Insurance Company)
By: | /s/ Xxxx Xxxxxxx Xxxxxxx | |
Name: | Xxxx Xxxxxxx Xxxxxxx | |
Title: | Senior Vice President |
Fidelity Distributors Corporation |
Variable Insurance Products Fund | |||||||
By: |
/s/ Xxxxx X. Xxxxx |
By: | /s/ Xxxxxx X. Xxxxx | |||||
Name: |
Xxxxx X. Xxxxx | Name: | Xxxxxx X. Xxxxx | |||||
Title: |
Vice President | Title: | Senior Vice President |
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SCHEDULE A
Separate Accounts and Associated Contracts
Name of Separate Account and Date Established by Board of Directors |
Policy Form Numbers (and Product Names) of Contracts Funded by Separate Account | |
Connecticut Mutual Variable Life Separate Account I (March 3, 1994) |
VUL-94 (Blue Chip Variable Universal Life Policy) | |
Massachusetts Mutual Variable Life Separate Account I (July 13, 1998) |
VUL-94 (Blue Chip Variable Universal Life Policy) | |
SL 10-9800 (Strategic Life 10) |
Massachusetts Mutual Variable Annuity Separate Account 4 (July 9, 1997) |
MUVA: 94 (MassMutual Artistry) | |
MUVA: 94 (Panorama Premier) | ||
MUVA: 94 (Panorama Premier) |
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SCHEDULE C
Other investment companies currently available under variable annuities or variable life
insurance issued by the Company:
MML Series Investment Fund:
MML Equity Income
MML Money Market Fund
MML Managed Bond Fund
MML Blend Fund
MML Small Cap Value Equity Fund
MML Equity Index Fund
MML Growth Equity Fund
MML Small Cap Growth Equity fund
MML OTC 100 fund
MML Emerging Growth fund
MML Large Cap Value Fund
Panorama Series Fund, Inc.:
PSF Total Return Portfolio
PFS Growth Portfolio
Xxxxxxxxxxx International Growth Fund/VA
PFS LifeSpan Diversified Income Portfolio
PFS LifeSpan Balanced Portfolio
PFS LifeSpan Capital Appreciation Portfolio
Xxxxxxxxxxx Variable Account Funds:
Xxxxxxxxxxx Small Cap Growth Fund
Xxxxxxxxxxx Global Securities Fund/VA
Xxxxxxxxxxx Capital Appreciation Fund/VA
Xxxxxxxxxxx Strategic Bond Fund
Xxxxxxxxxxx Aggressive Growth Fund/VA
Xxxxxxxxxxx Bond Fund/VA
Xxxxxxxxxxx Money Fund/VA
Xxxxxxxxxxx Main Street Growth & Income Fund®/VA
Xxxxxxxxxxx Multiple Strategies Fund/VA
Xxxxxxxxxxx High Income Fund/VA
OFFITBANK Variable Insurance Fund, Inc.:
OFFITBANK High Yield Fund
OFFITBANK Investment Grade Global Debt Fund
OFFITBANK High Emerging Markets Fund
Fidelity® Variable Insurance Products Fund:
Fidelity Money Market Fund
Fidelity High Income Portfolio
Fidelity Overseas Portfolio
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Fidelity Growth Portfolio
Fidelity Variable Insurance Products Fund II:
Fidelity Index 500 Fund
Fidelity Contrafund Portfolio
Fidelity Variable Insurance Products Fund III:
Fidelity Growth Opportunities Portfolio
X. Xxxx Price Equity Series, Inc.:
Mid-Cap Growth Portfolio
New America Growth Portfolio
X. Xxxx Price Fixed Income Series, Inc.:
Limited-Term Bond Portfolio
Xxxxxxx Xxxxx Variable Insurance Trust:
Xxxxxxx Sachs Capital Growth Fund
Xxxxxxx Xxxxx Mid Cap Equity Fund
Xxxxxxx Sachs CORE U.S. Equity Fund
Xxxxxxx Xxxxx Growth and Income Fund
Xxxxxxx Sachs International Equity Fund
MFS® Variable Insurance Trust:
MFS New Discovery Series
MFS Research Series
MFS Emerging Growth Series
MFS Growth with Income Series
Xxxxxxx Variable Series, Inc.:
Xxxxxxx Social Balanced Portfolio
INVESCO Variable Investment Funds, Inc.
INVESCO VIF – Health Sciences Fund
INVESCO VIF – Technology Fund
INVESCO VIF – Financial services Fund
American Century Variable Portfolios, Inc.:
American Century VP Value Fund
American Century VP Income & Growth Fund
Janus Aspen Series:
Janus Aspen Capital Appreciation Portfolio
Janus Aspen Worldwide Growth Portfolio
Janus Aspen Balanced Portfolio
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Franklin Xxxxxxxxx Variable Insurance Products Trust
Xxxxxxxxx Foreign Securities Fund (Class 2)
Deutsche Asset Management VIT Funds:
Deutsche VIT EAFE Index Fund
Deutsche VIT Small Cap Index Fund