AMENDMENT TO PROTECTIVE LIFE AND ANNUITY INSURANCE COMPANY PARTICIPATION AGREEMENT
AMENDMENT TO PROTECTIVE LIFE AND ANNUITY INSURANCE COMPANY
Protective Life and Annuity Insurance Company, Investment Distributors, Inc., Franklin Xxxxxxxxx Variable Insurance Product Trust (only on behalf of each Portfolio listed on Schedule C), and Franklin/Xxxxxxxxx Distributors, Inc., hereby amend the Participation Agreement (“Agreement”) dated November 30th, 2020, as amended, by doing the following:
- Schedule B. Schedule B of the Agreement is hereby deleted in its entirety and replaced with the attached Schedule B.
- Schedule C. Schedule C of the Agreement is hereby deleted in its entirety and replaced with the attached Schedule C.
- Except as modified and amended hereby, the Agreement is hereby ratified and confirmed in full force and effect in accordance with its terms.
IN WITNESS WHEREOF, the parties have hereto affixed their respective authorized signatures,
intending that this Amendment be effective as of the 31st day of March, 2021.
The Trust:
Franklin Xxxxxxxxx Variable Insurance Products Trust
Only on behalf of each
Portfolio listed on
Schedule C hereof.
By: /s/ Xxxxxx Xxxx
Name:
Title:
The Underwriter:
Franklin/Xxxxxxxxx Distributors, Inc.
By: /s/ Xxxxx Xxxxx
Name:
Title:
The Company:
Protective Life and Annuity Insurance Company
By: /s/ Xxxxx Xxxxxx
Name: Xxxxx Xxxxxx
Title: Chief Product Officer – Retirement Division
Distributor for the Company:
Investment Distributors, Inc.
By: /s/ Xxxxx Xxxxx
Name: Xxxxx X Xxxxx
Title: VP, Operations
2
Schedule B
Accounts of the Company
|
Name of Account
|
SEC Registration Yes/No
|
|
Yes
|
|
|
Protective NY COLI VUL Separate Account
|
Yes
|
|
Protective COLI PPVUL NY Separate Account
Variable Annuity Account A of Protective Life
|
No
Yes
|
3
Schedule C
Available Portfolios and Classes of Shares of the Trust
|
Class/Funds of the Trust
|
Class of Shares
|
|
|
1.
|
Franklin Flex Cap Growth VIP Fund
|
Class 2
|
|
2.
|
Franklin Strategic Income VIP
|
Class 2
|
|
3.
|
Xxxxxxxxx Foreign VIP Fund Class
|
Class 2
|
|
4.
|
Franklin Income VIP
|
Class 2
|
|
5.
|
Franklin Rising Dividends VIP
|
Class 2
|
|
6.
|
Xxxxxxxxx Developing Markets VIP Fund
|
Class 2
|
|
7.
|
Franklin Small Mid Cap Growth VIP
|
Class 2
|
|
8.
|
Franklin Mutual Shares VIP Fund
|
Class 2
|
|
9.
|
Xxxxxxxxx Global Bond VIP
|
Class 2
|
|
10.
|
Franklin Mutual Global Discovery VIP
|
Class 2
|
|
11.
|
Franklin Small Cap Value VIP
|
Class 2
|
|
12.
|
Franklin US Government Securities
|
Class 2
|
|
13.
|
Xxxxxxxxx Growth VIP Fund
|
Class 2
|
In addition to portfolios and classes of shares listed above, any additional Portfolios and classes of shares other than Class 3 shares are included in this Schedule C listing provided that:
(1)
the General Counsel of Franklin Xxxxxxxxx Investments receives from a person authorized by you a written notice in the form attached (which may be electronic mail or sent by electronic mail) (“Notice”) identifying this Agreement as provided in the Notice and specifying: (i) the names and classes of shares of additional Portfolios that you propose to offer as investment options of the Separate Accounts under the Contracts; and (ii) the date that you propose to begin offering Separate Account interests investing in the additional Portfolios under the Contracts; and
(2)
we do not within ten (10) Business Days following receipt of the Notice send you a writing (which may be electronic mail) objecting to your offering such Separate Accounts investing in the additional Portfolios and classes of shares under the Contracts.
Provided that we do not object as provided above, your Notice shall amend, supplement and become a part of this Schedule C and the Agreement.
4
Form of Notice Pursuant to Schedule C of Participation Agreement
To:
General Counsel c/o
Xxxx Xxxxxxxx (xxxxx.xxx@xxxxxxxxxxxxxxxxx.xxx) or
Xxxxx Xxxxxxxx (xxxxx.xxxxxxxx@xxxxxxxxxxxxxxxxx.xxx)
Franklin Xxxxxxxxx Investments
0 Xxxxxxxx Xxxxxxx,
Xxxx. 000, 0xx Xxxxx
Xxx Xxxxx, XX 00000
With respect to the following agreement(s) (altogether, the “Agreement”)
(please reproduce and complete table for multiple agreements):
|
Date of Participation Agreement:
|
|
|
Insurance Company(ies):
|
|
|
Insurance Company Distributor(s):
|
As provided by Schedule C of the Agreement, this Notice proposes to Franklin Xxxxxxxxx Variable Insurance Products Trust, and Franklin/Xxxxxxxxx Distributors, Inc. the addition as of the offering date(s) listed below of the following Portfolios as additional investment options listed on Schedule C:
|
Names and Classes of Shares of Additional Portfolios
Listing of current classes for your reference:
Class 1 (no 12b-1 fee);
Class 2 (12b-1 fee of 25 bps);
Class 4 (12b-1 fee of 35 bps); or
Class 5 (12b-1 fee of 10 bps).
|
Offering Date(s)
|
Name and title of authorized person of insurance company:
Contact Information:
