IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized officers effective as of the date first above written. ING Life Insurance and Annuity NYLIM Service Company LLC Company By: /s/Lisa Gilarde By:...
| Exhibit 24(b)(8.81) | ||
| Fourth Amendment to the Selling and Services Agreement and Fund Participation | ||
| Agreement | ||
| This Fourth Amendment dated as of February 1, 2013 is made by and between ING | ||
| Life Insurance and Annuity Company (“ING Life”), ING Institutional Plan Services, LLC | ||
| (“ING Institutional”), ING Financial Advisers, LLC (“ING Financial”) (collectively | ||
| “ING”), NYLIFE Distributors LLC (“NYLIFE Distributors”), and NYLIM Service | ||
| Company LLC (“NSC”)(NYLIFE Distributors and NSC are collectively referred to herein | ||
| as “Fund Service Provider”) ”), is made to the Selling and Services Agreement and Fund | ||
| Participation Agreement dated as of November 8, 2007 (the “Agreement”), as amended on | ||
| September 30, 2008, April 24, 2009 and November 16, 2009. Terms defined in the Agreement are | ||
| used herein as therein defined. | ||
| . | ||
| W I T N E S S E T H: | ||
| WHEREAS, ING and Fund Service Provider are parties to that certain Selling | ||
| and Services Agreement and Fund Participation Agreement, which was effective as of | ||
| November 8, 2007, and any Amendments thereto (the “Agreement”); and | ||
| WHEREAS, ING and Fund Service Provider wish to update the schedule of | ||
| Funds serviced under the Agreement (“Schedule C”); | ||
| NOW, THEREFORE, in consideration of the premises and mutual covenants | ||
| herein contained, and intending to be legally bound hereby, the parties hereto agree as | ||
| follows: | ||
| 1. Schedule C of the Agreement is hereby deleted in its entirety and replaced | ||
| with the attached. | ||
| Except as provided herein, the terms and conditions contained in the Agreement | ||
| shall remain in full force and effect. | ||
| * | * | * |
| 1 | ||
| IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be | |||
| executed by their duly authorized officers effective as of the date first above written. | |||
| ING Life Insurance and Annuity | NYLIM Service Company LLC | ||
| Company | |||
| By: | /s/Xxxx Xxxxxxx | By: | /s/ Xxxxx X. Xxxxxxxx |
| Name: Xxxx Xxxxxxx | Name: Xxxxx X. Xxxxxxxx | ||
| Title: | Vice President | Title: President | |
| ING Financial Advisers, LLC | NYLIFE Distributors LLC | ||
| By: | /s/Xxxxx Xxxxxx | By: | /s/Xxxxxxx X. Xxxxxx |
| Name: Xxxxx Xxxxxx | Name: Xxxxxxx X. Xxxxxx | ||
| Title: | Vice President | Title: President | |
| ING Institutional Plan Services, LLC | |||
| By: | /s/Xxxx Xxxxxxx | ||
| Name: Xxxx Xxxxxxx | |||
| Title: | Vice President | ||
| 2 | |||
| Schedule C | |
| MainStay Funds Investor Class Shares | |
| Service Organization’s compensation shall be an annual sub-transfer agency fee of | |
| ____% of the average daily net assets held in the account, calculated and payable | |
| quarterly for the funds listed below: | |
| Fund Name | TICKER |
| MainStay 130/30 Core Fund | MYCNX |
| MainStay Balanced Fund | MBINX |
| MainStay Cornerstone Growth Fund (Expected | |
| Launch Date on or about 1/11/13) | KLGNX |
| MainStay Epoch Global Choice Fund | EPAIX |
| MainStay Epoch Global Equity Yield Fund | EPSIX |
| MainStay Epoch International Small Cap Fund | EPIIX |
| MainStay Epoch U.S. All Cap Fund | MAWNX |
| MainStay Epoch U.S. Equity Yield Fund | EPLIX |
| MainStay Growth Equity Fund | MRINX |
| MainStay High Yield Corp. Bond Fund | MHHIX |
| MainStay ICAP Equity Fund | ICANX |
| MainStay ICAP Global | ICGNX |
| MainStay ICAP International Fund | ICELX |
| MainStay ICAP Select Equity Fund | ICSOX |
| MainStay International Equity Fund | MINNX |
| MainStay Large Cap Growth Fund | MLINX |
| MainStay Map Fund | MSMIX |
| MainStay Marketfield Fund | MFNDX |
| MainStay U.S. Small Cap Fund | MOINX |
| Service Organization’s compensation shall be an annual sub-transfer agency fee of | |
| ____% of the average daily net assets held in the account, calculated and payable | |
| quarterly for the funds listed below: | |
| Fund Name | TICKER |
| MainStay Common Stock Fund | MCSSX |
| MainStay Conservative Allocation Fund | MCKNX |
| MainStay Convertible Fund | MCINX |
| MainStay Flexible Bond Opportunities | MSYDX |
| MainStay Floating Rate Fund | MXFNX |
| MainStay Global High Inc Fund | MGHHX |
| MainStay Government Fund | MGVNX |
| MainStay Growth Allocation Fund | MGXNX |
| MainStay Income Builder Fund | MTINX |
| MainStay Indexed Bond Fund | MIXNX |
| 3 | |
| MainStay Intermediate Bond Fund | MTMNX |
| MainStay Moderate Allocation Fund | MMRDX |
| MainStay Moderate Growth Allocation Fund | MGDNX |
| MainStay Retirement 2010 Fund | MYRDX |
| MainStay Retirement 2020 Fund | MYRYX |
| MainStay Retirement 2030 Fund | MRTFX |
| MainStay Retirement 2040 Fund | MSRUX |
| MainStay Retirement 2050 Fund | MSRVX |
| MainStay S&P 500 Index Fund | MYSPX |
| MainStay Short Term Bond Fund | MYTBX |
| MainStay Tax Free Bond Fund | MKINX |
| MainStay Funds Class A Shares | |
| (For those existing Plans whose Fund Schedules included Class A Shares prior to | |
| September 30, 2008.) | |
| Service Organization’s compensation shall be an annual sub-transfer agency fee of | |
| ____% of the average daily net assets held in the account, calculated and payable | |
| quarterly for the funds listed below: | |
| Fund Name | TICKER |
| MainStay 130/30 Core Fund | MYCTX |
| MainStay Balanced Fund | MBNAX |
| MainStay Cornerstone Growth Fund (Expected | |
| Launch Date on or about 1/11/13) | KLGAX |
| MainStay Epoch Global Choice Fund | EPAPX |
| MainStay Epoch Global Equity Yield Fund | EPSPX |
| MainStay Epoch International Small Cap Fund | EPIPX |
| MainStay Epoch U.S. All Cap Fund | MAAAX |
| MainStay Epoch U.S. Equity Yield Fund | EPLPX |
| MainStay Growth Equity Fund | MREAX |
| MainStay High Yield Corporate Bond Fund | MHCAX |
| MainStay ICAP Equity Fund | ICAUX |
| MainStay ICAP Global | ICGLX |
| MainStay ICAP International Fund | ICEVX |
| MainStay ICAP Select Equity | ICSRX |
| MainStay International Equity Fund | MSEAX |
| MainStay Large Cap Growth Fund | MLAAX |
| MainStay MAP Fund | MAPAX |
| MainStay Marketfield Fund | MFADX |
| MainStay U.S. Small Cap Fund | MOPAX |
| 4 | |
| Service Organization’s compensation shall be an annual sub-transfer agency fee of | |
| ____% of the average daily net assets held in the account, calculated and payable | |
| quarterly for the funds listed below: | |
| Fund Name | TICKER |
| MainStay Common Stock Fund | MSOAX |
| MainStay Conservative Allocation | MCKAX |
| MainStay Convertible Fund | MCOAX |
| MainStay Flexible Bond Opportunities | MASAX |
| MainStay Floating Rate Fund | MXFAX |
| MainStay Global High Income Fund | MGHAX |
| MainStay Government Fund | MGVAX |
| MainStay Growth Allocation | MGXAX |
| MainStay Income Builder Fund | MTRAX |
| MainStay Indexed Bond Fund | MIXAX |
| MainStay Intermediate Term Bond Fund | MTMAX |
| MainStay Moderate Allocation | MMRAX |
| MainStay Moderate Growth Allocation | MGDAX |
| MainStay Retirement 2010 Fund | MYRAX |
| MainStay Retirement 2020 Fund | MYROX |
| MainStay Retirement 2030 Fund | MRTTX |
| MainStay Retirement 2040 Fund | MSRTX |
| MainStay Retirement 2050 Fund | MSRLX |
| MainStay S&P 500 Index Fund | MSXAX |
| MainStay Short Term Bond Fund | MSTAX |
| MainStay Tax Free Bond Fund | MTBAX |
| Service Organization’s compensation shall be an annual sub-transfer agency fee of | |
| 0.00% of the average daily net assets held in the account, calculated and payable | |
| quarterly for the funds listed below: | |
| Fund Name | TICKER |
| MainStay Money Market Fund | MMAAX |
| 5 | |
| MainStay Funds Class I Shares | |
| Service Organization’s compensation shall be an annual sub-transfer agency fee of | |
| ____% of the average daily net assets held in the account, calculated and payable | |
| quarterly for the funds listed below: | |
| Fund Name | TICKER |
| MainStay 130/30 Core Fund | MYCIX |
| MainStay Balanced Fund | MBAIX |
| MainStay Cornerstone Growth Fund (Expected | |
| Launch Date on or about 1/11/13) | KLGIX |
| MainStay Epoch Global Choice Fund | EPACX |
| MainStay Epoch Global Equity Yield Fund | EPSYX |
| MainStay Epoch International Small Cap Fund | EPIEX |
| MainStay Epoch U.S. All Cap Fund | MATIX |
| MainStay Epoch U.S. Equity Yield Fund | EPLCX |
| MainStay Growth Equity Fund | MRIEX |
| MainStay High Yield Corporate Bond Fund | MHYIX |
| MainStay ICAP Equity Fund | ICAEX |
| MainStay ICAP Global | ICGRX |
| MainStay ICAP International Fund | ICEUX |
| MainStay ICAP Select Equity Fund | ICSLX |
| MainStay International Equity Fund | MSIIX |
| MainStay Large Cap Growth Fund | MLAIX |
| MainStay MAP Fund | MUBFX |
| MainStay Marketfield Fund | MFLDX |
| MainStay U.S. Small Cap Fund | MOPIX |
| Service Organization’s compensation shall be an annual sub-transfer agency fee of | |
| ____% of the average daily net assets held in the account, calculated and payable | |
| quarterly for the funds listed below: | |
| Fund Name | TICKER |
| MainStay Common Stock Fund | MSOIX |
| MainStay Conservative Allocation | MCKIX |
| MainStay Flexible Bond Opportunities | MSDIX |
| MainStay Floating Rate Fund | MXFIX |
| MainStay Government Fund | MGOIX |
| MainStay Growth Allocation | MGXIX |
| MainStay Income Builder Fund | MTOIX |
| MainStay Indexed Bond Fund | MIXIX |
| MainStay Intermediate Term Bond Fund | MTMIX |
| MainStay Moderate Allocation | MMRIX |
| MainStay Moderate Growth Allocation | MGDIX |
| 6 | |
| MainStay Retirement 2010 Fund | MYRIX |
| MainStay Retirement 2020 Fund | MYRTX |
| MainStay Retirement 2030 Fund | MRTIX |
| MainStay Retirement 2040 Fund | MSRYX |
| MainStay Retirement 2050 Fund | MSRMX |
| MainStay S&P 500 Index Fund | MSPIX |
| MainStay Short Term Bond Fund | MSTIX |
| MainStay Funds Class R1 Shares | |
| Service Organization’s compensation shall be a combination of an annual shareholder | |
| service fee of ____% and a sub-transfer agency fee of ____% of the average daily net | |
| assets held in the account, calculated and payable quarterly for the funds listed below: | |
| Fund Name | TICKER |
| MainStay Balanced Fund | MBNRX |
| MainStay High Yield Corporate Bond Fund | MHHRX |
| MainStay ICAP Equity Fund | ICAWX |
| MainStay ICAP International Fund | ICETX |
| MainStay ICAP Select Equity Fund | ICSWX |
| MainStay Intermediate Term Bond Fund | MTMRX |
| MainStay International Equity | MIERX |
| MainStay Large Cap Growth Fund | MLRRX |
| MainStay MAP Fund | MAPRX |
| MainStay Retirement 2010 Fund | MYRRX |
| MainStay Retirement 2020 Fund | MYRUX |
| MainStay Retirement 2030 Fund | MRTOX |
| MainStay Retirement 2040 Fund | MSREX |
| MainStay Retirement 2050 Fund | MSROX |
| MainStay U.S. Small Cap Fund | MOPRX |
| MainStay Funds Class R2 Shares | |
| Service Organization’s compensation shall be a combination of an annual shareholder | |
| service fee of ____% and a sub-transfer agency fee of ____% of the average daily net | |
| assets held in the account, calculated and payable quarterly for the funds listed below | |
| Fund Name | TICKER |
| MainStay Balanced Fund | MBCRX |
| MainStay Common Stock Fund | MSORX |
| MainStay Cornerstone Growth Fund (Expected | |
| Launch Date on or about 1/11/13) | KLGRX |
| MainStay High Yield Corporate Bond Fund | MHYRX |
| MainStay ICAP Equity Fund | ICAYX |
| MainStay ICAP International Fund | ICEYX |
| 7 | |
| MainStay ICAP Select Equity Fund | ICSYX |
| MainStay Intermediate Term Bond Fund | MTRTX |
| MainStay International Equity | MIRRX |
| MainStay Large Cap Growth Fund | MLRTX |
| MainStay MAP Fund | MPRRX |
| MainStay Marketfield Fund | MFRDX |
| MainStay Retirement 2010 Fund | MYRWX |
| MainStay Retirement 2020 Fund | MYRVX |
| MainStay Retirement 2030 Fund | MRTUX |
| MainStay Retirement 2040 Fund | MSRQX |
| MainStay Retirement 2050 Fund | MSRPX |
| MainStay U.S. Small Cap Fund | MOTRX |
| MainStay Funds Class R3 Shares | |
| Service Organization’s compensation shall be a combination of an annual shareholder | |
| service fee of ____% and a sub-transfer agency fee of ____% of the average daily net | |
| assets held in the account, calculated and payable quarterly for the funds listed below: | |
| Fund Name | TICKER |
| MainStay Balanced Fund | MBDRX |
| MainStay ICAP Equity Fund | ICAZX |
| MainStay ICAP International Fund | ICEZX |
| MainStay ICAP Select Equity Fund | ICSZX |
| MainStay International Equity | MIFRX |
| MainStay Large Cap Growth Fund | MLGRX |
| MainStay MAP Fund | MMAPX |
| MainStay Retirement 2010 Fund | MYREX |
| MainStay Retirement 2020 Fund | MYRZX |
| MainStay Retirement 2030 Fund | MRTVX |
| MainStay Retirement 2040 Fund | MSRZX |
| MainStay Retirement 2050 Fund | MSRWX |
| 8 | |
