AMENDMENT NO. 11 TO FUND PARTICIPATION AGREEMENT For Rules 30e-3 and 498A Janus Aspen Series (Institutional and Service Shares)
AMENDMENT NO. 11 TO FUND PARTICIPATION AGREEMENT
For
Rules 30e-3 and 498A
Janus Aspen Series
(Institutional and Service Shares)
This Amendment No. 11 (the “Amendment”) is effective as of March 25, 2022 and amends the Fund Participation Agreement, dated May 1, 2000, as amended (the “Agreement”) between Xxxxx Xxxxx Series (the “Trust”) and MetLife Insurance Company USA (the “Company”), on its own behalf and on behalf of each of its segregated asset accounts (each, an “Account” and collectively, the “Accounts”) (each, a “Party” and collectively, the “Parties”). All capitalized terms used herein and not otherwise defined shall have the meaning ascribed to such terms in the Agreement.
RECITALS
WHEREAS, pursuant to Amendment No. 10 to the Agreement, effective as of March 1, 2021, the Parties amended the Agreement to, among other things, reflect the March 6, 2017 change in the Company’s name to Brighthouse Life Insurance Company (“Brighthouse”);
WHEREAS, the Parties desire to further amend the Agreement to add Brighthouse Life Insurance Company of NY, a New York domiciled life insurance company and wholly-owned subsidiary of Brighthouse (“BLNY” and together with its parent Brighthouse, the “Company”), as a Party to the Agreement, including to add each of BLNY’s segregated asset accounts as an Account, subject to the terms of the Agreement;
WHEREAS, for purposes of the foregoing, the Parties agree that the terms “Parties” and Accounts” shall be understood as including BLNY and XXXX’s segregated asset accounts, respectively;
WHEREAS, the Parties desire to further amend the Agreement to incorporate BLNY, Schedule A, and to modify the Agreement for the foregoing purposes, as provided herein;
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and considerations set forth herein, and to other good and valuable consideration, the Parties agree to supplement and amend the Agreement as follows:
1. | Each reference in the Agreement to the “Company,” “MetLife,” “Brighthouse” and/or “BLIC” hereby means both Brighthouse and its wholly-owned subsidiary, BLNY. |
2. | Each reference in the Agreement to “Parties” hereby means the Trust, Brighthouse, on its own behalf and on behalf of each of its Accounts, and BLNY, on its own behalf and on behalf of each of its Accounts. |
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3. | Article VII Notices of the Agreement shall be revised as follows: |
If to the Company:
Brighthouse Financial
000 Xxxx Xxxxxx, Xxxxx 000
Boston, MA 02110
4. | Schedule A of the Agreement is hereby deleted in its entirety and replaced by Schedule A attached. |
5. | Capitalized terms used but not defined in this Amendment will have the meanings assigned to them in the Agreement. |
6. | The Agreement, as supplemented by this Amendment, is ratified and confirmed. |
This Amendment may be executed in several counterparts, each of which shall be an original but all of which together shall constitute one and the same instrument. Counterparts may be executed in either original or electronically transmitted form (e.g., facsimile or emailed portable document format (PDF)), and the parties hereby adopt as original any signatures received via electronically transmitted form. Facsimile or electronic signatures will have the same legal effect as original signatures.
IN WITNESS WHEREOF, the Parties have caused their duly authorized officers to execute this Amendment to the Agreement as of the date written below.
JANUS ASPEN SERIES | ||||
By: |
/s/ Xxxxxxx Xxxxxx |
|||
Name: | Xxxxxxx Xxxxxx | |||
Title: | Vice President, Secretary and Chief Legal Officer | |||
Date: | April 4, 2022 | 12:12 MDT | |||
BRIGHTHOUSE LIFE INSURANCE COMPANY | ||||
By: | /s/ Xxxxx Xxxxx |
|||
Name: | Xxxxx Xxxxx | |||
Title: | Vice President | |||
Date: | 3/25/2022 | 10:06:55 AM EDT | |||
BRIGHTHOUSE LIFE INSURANCE COMPANY of NY | ||||
By: | /s/ Xxxxx Xxxxx |
|||
Name: | Xxxxx Xxxxx | |||
Title: | Vice President | |||
Date: | 3/25/2022 | 10:06:55 AM EDT |
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SCHEDULE A
Separate Account and Associated Contracts
Separate Accounts |
Products | |
Brighthouse Fund UL For Variable Life Insurance | MarketLife | |
Brighthouse Variable Life | ||
Brighthouse Variable Life Accumulator | ||
Brighthouse Variable Life Accumulator | ||
(Series II) | ||
Brighthouse Variable Life Accumulator | ||
(Series III) | ||
Brighthouse Variable Survivorship Life | ||
Brighthouse Variable Survivorship Life II | ||
Brighthouse Fund UL III For Variable Life Insurance | COLI I | |
COLI 2000 | ||
COLI III | ||
COLI IV | ||
Corporate Select | ||
Brighthouse Separate Account A | Brighthouse Prime Options | |
Series S | ||
Series S-L Share Option | ||
Series VA | ||
Group Flexible Payment Variable | ||
Annuity (Sunshine SF 236) | ||
Brighthouse Separate Account CPPVUL1 (unregistered) | COLI PPVL | |
Brighthouse Separate Account Eleven for Variable Annuities | Brighthouse Retirement Account | |
Gold Track | ||
Gold Track Select | ||
Gold Track Select – NY Plans | ||
Marquis Portfolios | ||
Universal Annuity | ||
Universal Annuity Advantage | ||
Universal Select Annuity | ||
Vintage Access | ||
Vintage II | ||
Vintage II (Series II) | ||
Vintage 3 | ||
Vintage L | ||
Vintage XTRA | ||
Vintage XTRA (Series II) | ||
Brighthouse Separate Account QPN for Variable Annuities | Blueprint I Unregistered | |
Blueprint II Unregistered | ||
Brighthouse Retirement Perspectives | ||
PrimeBuilder I Unregistered | ||
PrimeBuilder II Unregistered | ||
Unallocated Group Variable Annuity | ||
Unregistered Gold Track |
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Unregistered Gold Track Express | ||
Unregistered Gold Track VSP | ||
Brighthouse Variable Annuity Account B | Brighthouse Prime Options NY | |
Class S | ||
Class S-L Share Option | ||
Class VA |
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