EX-99.(H)(3)(VI) 2 tm256303d1_ex99-xhx3xvi.htm EXHIBIT 99.(H)(3)(VI)

 

Exhibit 99.(h)(3)(vi)

 

AMENDMENT TO THE PARTICIPATION AGREEMENT

AMONG PROTECTIVE LIFE AND ANNUITY INSURANCE COMPANY,

GOLDMAN SACHS VARIABLE INSURNACE TRUST

AND GOLDMAN SACHS & CO. LLC

 

THIS AMENDMENT TO THE PARTICIPATION AGREEMENT (the “Amendment”) is made as of this 23rd day of April, 2024 by and between GOLDMAN SACHS VARIABLE INSURANCE TRUST, a statutory trust formed under the laws of Delaware (the “Trust”), Goldman Sachs & Co. LLC, a New York limited liability company (the “Distributor”), and PROTECTIVE LIFE AND ANNUITY INSURANCE COMPANY, an Alabama life insurance company (the “Company”).  Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement (defined below).

 

RECITALS

 

WHEREAS, the Trust, Distributor and Company are parties to a certain Participation Agreement dated December 19, 2003, as amended (the “Agreement”), in which the Company offers to the public certain variable annuity contracts and variable life insurance contracts; and

 

WHEREAS, the parties desire to amend Schedule 1 and Schedule 3 of the Agreement; and

 

WHEREAS, the parties now desire to further modify the Agreement as provided herein.

 

NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:

 

1. Schedule 1 of the Agreement is hereby deleted in its entirety and replaced with Schedule 1 attached hereto.

 

2. Schedule 3 of the Agreement is hereby deleted in its entirety and replaced with Schedule 3 attached hereto.

 

3. Ratification and Confirmation of Agreement.  In the event of a conflict between the terms of this Amendment and the Agreement, it is the intention of the parties that the terms of this Amendment shall control and the Agreement shall be interpreted on that basis.  To the extent the provisions of the Agreement have not been amended by this Amendment, the parties hereby confirm and ratify the Agreement.

 

 

 

 

4. Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be an original and all of which together shall constitute one instrument.

 

5. Full Force and Effect.  Except as expressly supplemented, amended or consented to hereby, all of the representations, warranties, terms, covenants and conditions of the Agreement shall remain unamended and shall continue to be in full force and effect.

 

WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first above written.

 

GOLDMAN SACHS VARIABLE INSURANCE TRUST  
   
By: /s/ Marci Green  
   
Name: Marci Green  
   
Title: Managing Director  
   
GOLDMAN SACHS & CO. LLC  
   
By: /s/ Frank Murphy  
   
Name: Frank Murphy  
   
Title: Managing Director  
   
PROTECTIVE LIFE AND ANNUITY INSURANCE COMPANY  
   
By: /s/ Steve Cramer  
   
Name: Steve Cramer  
   
Title: Chief Product Officer, Retirement Division  

 

 

 

 

Schedule 1

 

Accounts of the Company

Investing in the Trust

 

Name of Account Date Established SEC 1940 Act
Registration Number
Type of Product
Supported by Account
Variable Annuity Account A of Protective Life Separate Account 12/1/1997 811-8537 Variable Annuities
PLAIC Variable Annuity Account S 7/2/2020 811-23594 Variable Annuities
Protective COLI PPVUL 4/14/2020 Unregistered PPVUL
Protective NY COLI VUL 2/25/2020 811-23707 Registered COLI VUL

 

 

 

 

Schedule 3

 

Trust Classes and Series

Available Under each Class of Contracts

 

Effective April 15, 2024, the following Trust Classes and Series are available under the Contracts:

 

Contracts Marketing Name Trust Classes and Series

Elements Classic NY

Protective Aspirations NY

Protective Investors Benefit Advisor Variable Annuity NY

Protective Variable Annuity NY (L,B,C Series)

Protective Variable Annuity NY

Protective Variable Annuity B Series NY

Protective Variable Annuity II B Series NY

ProtectiveAccess XL NY

ProtectiveRewards Elite NY

ProtectiveRewards II NY

Schwab Genesis Advisory Variable Annuity NY

Schwab Genesis Variable Annuity NY

Transitions

All available Goldman Sachs Variable Insurance Trust Funds (Institutional and Service Shares)
Protective Private Placement VUL (Protective COLI PPVUL NY separate account) All available Goldman Sachs Variable Insurance Trust Funds (Institutional and Service Shares)
Protective Executive Benefits Registered VUL NY All available Goldman Sachs Variable Insurance Trust Funds (Institutional and Service Shares)