EX-24 5 ex24b881main4amdtossafpa.htm EXHIBIT 24(B)(8.81) 4TH AMEND TO MAINSTAY SSA AND FPA ex24b881main4amdtossafpa.htm - Generated by SEC Publisher for SEC Filing
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/Lisa Gilarde By: /s/ Brian D. Wickwire
Name: Lisa Gilarde Name: Brian D. Wickwire
Title: Vice President Title: President
 
 
ING Financial Advisers, LLC NYLIFE Distributors LLC
By: /s/David Kelsey By: /s/Stephen P. Fisher
Name: David Kelsey Name: Stephen P. Fisher
Title: Vice President Title: President
 
ING Institutional Plan Services, LLC    
By: /s/Lisa Gilarde    
Name: Lisa Gilarde    
Title: Vice President    
 
 
 
 
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  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
 
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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
 
 
 
 
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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
 
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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
 
 
 
 
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