EX-99 13 f6346d13.htm EX-99. (H)(2) PDFtoHTML Conversion Output

(h)(2)

ALLOCATION AGREEMENT

Fidelity Bond

THIS AGREEMENT made as of this 24th day of May, 2002 by and among any of the Funds listed on Schedule A and any separate classes thereof and all future investment companies and any separate classes thereof (the "Funds"), which are named insureds under a joint liability policy as described below and for which ING Investments, LLC acts as investment manager are entered into under the following circumstances:

A.Section 17(g) of the Investment Company Act of 1940, as amended ("the 1940 Act") provides that the Securities and Exchange Commission ("SEC") is authorized to require that directors, officers and employees of registered investment companies be covered under a liability, errors and omissions insurance policy, and the SEC has promulgated rules and regulations dealing with this subject ("Rule 17g-1");

B.The Funds are named as joint insureds under the terms of a joint insurance policy ("Policy") which insures against illegal profit or gain, intentional wrongful acts, libel, slander, defamation, ERISA claims, insider trading, as well as other coverage as outlined in the Policy, by the directors, officers and employees;

C.A majority of those members of the Board of Directors/Trustees of each of the Funds, who are not "interested persons" as defined by Section 2(a)(19) of the 1940 Act, have given due consideration to all factors relevant to the form, amount and apportionment of premiums and recoveries under such Policy and the Board of Directors/Trustees of each Fund has approved the term and amount of the Policy, the portion of the premium payable by that party, and the manner in which recovery on the Policy, if any, shall be shared by and among the parties thereto; and

D.The Funds now desire to enter into the agreement required by Rule 17g-1 of the 1940 Act to establish the manner in which recovery under the Policy, if any, shall be shared.

NOW, THEREFORE, IT IS HEREBY AGREED by and among the parties as follows:

1.Payment of Premiums.

Each Fund shall pay a portion of the premium due under the Policy derived by multiplying the premium by a fraction, (i) the denominator of which is the total net assets of all the Funds combined and (ii) the numerator of which is the total net assets of each of the Funds individually. The net assets of the classes are deemed to be represented by the net assets of their respective funds. Each of the Funds agrees that the appropriateness of the allocation of said premium will be determined no less often than annually. No adjustment of the allocation of said premium will be implemented without approval of the Boards of each of the Funds.

2.Allocation of Recoveries

(a)If more than one of the parties hereto is damaged in a single loss for which recovery is received under the policy, each such party shall receive that portion of the recovery which represents the loss sustained by that party, unless the recovery is inadequate to fully indemnify such party sustaining loss.

(b)If the recovery is inadequate to fully indemnify each such party sustaining a loss, the recovery shall be allocated among such parties as follows:

(i)Each Party sustaining a loss shall be allocated an amount equal to the lesser of its actual loss or the minimum amount of policy which would be required to be maintained by such party under a single insured policy (determined as of the time of loss) in accordance with the provisions of Rule 17g-1.

(ii)The remaining portion of the proceeds shall be allocated to each party sustaining a loss not fully covered by the allocation under subparagraph (i) in the proportion that each such party's last payment of premium bears to the sum of the last such premium payments of all such parties. If such allocation would result in any party which had sustained a loss receiving a portion of the recovery in excess of the loss actually sustained, such excess portion shall be allocated among the other parties whose losses would not be fully indemnified. The allocation shall bear the same proportion as each such party's last payment of premium bears to the sum of the last premium payments of all parties entitled to receive a share of the excess. Any allocation in excess of a loss actually sustained by any such party shall be reallocated in the same manner.

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3.Obligation to Maintain Minimum Coverage.

Each of the Funds represents and warrants to each of the other parties hereto that the minimum amount of coverage required of it by Rule 17g-1 as of the date hereof is as reflected in the schedule attached hereto. Each of the Funds agrees that it will determine, no less than at the end of each calendar quarter, the minimum amount of coverage which would be required of it by Rule 17g-1 if a determination with respect to the adequacy of the coverage were currently being made. In the event that the total amount of the minimum coverage thus determined exceeds the amount of coverage of the then effective policy, the Boards of each of the Funds will be notified and will determine whether it is necessary or appropriate to increase the total amount of coverage of the policy to an amount not less than the total amount of such minimums, or to secure such excess coverage for one or more of the parties hereto, which, when added to the total coverage of the policy, will equal an amount of such minimums. Unless a Fund elects to terminate this Agreement (pursuant to Paragraph 4) and its participation in a joint- insured policy, each Fund agrees to pay its fair portion of the new or additional premium (taking into account all of the then existing circumstances).

4.Continuation and Termination. This Agreement shall become effective on the date first written above, subject to the condition that the Fund's Board of Directors/Trustees, including a majority of those Directors/Trustees who are not interested persons (as such term is defined in the 1940 Act) of the Manager, shall have approved this Agreement. This Agreement shall supersede all prior agreements relating to an allocation of premium on any joint insured policy and shall apply to the present liability policy coverage and any renewal or replacement thereof. It shall continue until terminated by any party hereto upon the giving of not less than sixty (60) days notice to the other parties hereto in writing.

5.Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. A written amendment of this Agreement is effective upon the approval of the Board of Directors/Trustees and the Manager.

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IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed by their duly authorized officers as of the date first above written.

On Behalf of: All ING Funds Listed on Schedule A

By: /s/ Michael J. Roland

Michael J. Roland

Executive Vice President

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AMENDED SCHEDULE A

with respect to the

ALLOCATION AGREEMENT – FIDELITY BOND

VOYA ASIA PACIFIC HIGH

VOYA GLOBAL EQUITY DIVIDEND

DIVIDEND EQUITY INCOME FUND

AND PREMIUM OPPORTUNITY

VOYA BALANCED PORTFOLIO, INC.

FUND

VOYA GOVERNMENT MONEY

Voya Balanced Portfolio

VOYA CORPORATE LEADERS®

MARKET PORTFOLIO

 

TRUST FUND

VOYA INFRASTRUCTURE,

Voya Corporate Leaders® Trust Fund Series

INDUSTRIALS AND MATERIALS

B

FUND

VOYA EMERGING MARKETS HIGH

VOYA INTERMEDIATE BOND

DIVIDEND EQUITY FUND

PORTFOLIO

VOYA EQUITY TRUST

VOYA INTERNATIONAL HIGH

Voya Large-Cap Growth Fund

DIVIDEND EQUITY INCOME FUND

Voya Large Cap Value Fund

VOYA INVESTORS TRUST

Voya MidCap Opportunities Fund

Voya Multi-Manager Mid Cap Value Fund

Voya Global Perspectives® Portfolio

Voya Real Estate Fund

Voya Government Liquid Assets Portfolio1

Voya SmallCap Opportunities Fund

Voya High Yield Portfolio1

Voya SMID Cap Growth Fund

Voya Large Cap Growth Portfolio

Voya U.S. High Dividend Low Volatility

Voya Large Cap Value Portfolio

Fund

Voya Limited Maturity Bond Portfolio1

 

Voya Multi-Manager Large Cap Core

VOYA FUNDS TRUST

Portfolio1

Voya Floating Rate Fund

Voya Retirement Conservative Portfolio

Voya GNMA Income Fund

Voya Retirement Growth Portfolio

Voya High Yield Bond Fund

Voya Retirement Moderate Growth

Voya Intermediate Bond Fund

Portfolio

Voya Short Term Bond Fund

Voya Retirement Moderate Portfolio

Voya Strategic Income Opportunities Fund

Voya U.S. Stock Index Portfolio1

VOYA GLOBAL ADVANTAGE AND

VY® BlackRock Inflation Protected Bond

Portfolio

PREMIUM OPPORTUNITY FUND

VY® Clarion Global Real Estate Portfolio

 

VY® Clarion Real Estate Portfolio

1Under the terms of the Management Agreement between Voya Investors Trust and Voya Investments, LLC, the Fund is subject to a unified fee arrangement. Accordingly, the portion of Fees allocated to the Fund under this Allocation Agreement will be borne directly by Voya Investments, LLC as provided in the Management Agreement.

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VOYA INVESTORS TRUST (continued)

VOYA PARTNERS, INC.

VY® Franklin Income Portfolio

Voya Global Bond Portfolio

VY® Invesco Growth and Income Portfolio1

Voya Index Solution 2020 Portfolio

VY® JPMorgan Emerging Markets Equity

Voya Index Solution 2025 Portfolio

Portfolio1

Voya Index Solution 2030 Portfolio

VY® JPMorgan Small Cap Core Equity

Voya Index Solution 2035 Portfolio

Portfolio1

Voya Index Solution 2040 Portfolio

VY Morgan Stanley Global Franchise

Voya Index Solution 2045 Portfolio

Portfolio1

Voya Index Solution 2050 Portfolio

VY® T. Rowe Price Capital Appreciation

Voya Index Solution 2055 Portfolio

Portfolio1

Voya Index Solution 2060 Portfolio

VY® T. Rowe Price Equity Income

Voya Index Solution Income Portfolio

Portfolio1

Voya Solution 2020 Portfolio

VY® T. Rowe Price International Stock

Voya Solution 2025 Portfolio

Portfolio

Voya Solution 2030 Portfolio

VY® Templeton Global Growth Portfolio1

Voya Solution 2035 Portfolio

VOYA MUTUAL FUNDS

Voya Solution 2040 Portfolio

Voya Solution 2045 Portfolio

Voya CBRE Global Infrastructure Fund

Voya Solution 2050 Portfolio

Voya CBRE Long/Short Fund

Voya Solution 2055 Portfolio

Voya Diversified Emerging Markets Debt

Voya Solution 2060 Portfolio

Fund

Voya Solution Aggressive Portfolio

Voya Global Bond Fund

Voya Solution Balanced Portfolio

Voya Global Corporate Leaders® 100 Fund

Voya Solution Conservative Portfolio

Voya Global Equity Dividend Fund

Voya Solution Income Portfolio

Voya Global Equity Fund

Voya Solution Moderately Aggressive

Voya Global High Dividend Low Volatility

Portfolio

Fund

Voya Solution Moderately Conservative

Voya Global Perspectives® Fund

Portfolio

Voya Global Real Estate Fund

VY® American Century Small-Mid Cap

Voya International Real Estate Fund

Value Portfolio

Voya Multi-Manager Emerging Markets

VY® Baron Growth Portfolio

Equity Fund

VY® Columbia Contrarian Core Portfolio

Voya Multi-Manager International Equity

VY® Columbia Small Cap Value II Portfolio

Fund

VY® Invesco Comstock Portfolio

Voya Multi-Manager International Factors

VY® Invesco Equity and Income Portfolio

Fund

VY® JPMorgan Mid Cap Value Portfolio

Voya Multi-Manager International Small

VY® Oppenheimer Global Portfolio

Cap Fund

VY® Pioneer High Yield Portfolio

Voya Russia Fund

VY® T. Rowe Price Diversified Mid Cap

 

Growth Portfolio

VOYA NATURAL RESOURCES

VY® T. Rowe Price Growth Equity Portfolio

EQUITY INCOME FUND

VY® Templeton Foreign Equity Portfolio

________________________

 

1Under the terms of the Management Agreement between Voya Investors Trust and Voya Investments, LLC, the Fund is subject to a unified fee arrangement. Accordingly, the portion of Fees allocated to the Fund under this Allocation Agreement will be borne directly by Voya Investments, LLC as provided in the Management Agreement.

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VOYA PRIME RATE TRUST

VOYA VARIABLE FUNDS

VOYA SENIOR INCOME FUND

Voya Growth and Income Portfolio

VOYA VARIABLE INSURANCE

 

VOYA SEPARATE PORTFOLIOS

TRUST

TRUST

VY® Goldman Sachs Bond Portfolio

Voya Emerging Markets Corporate Debt

VOYA VARIABLE PORTFOLIOS, INC.

Fund

Voya Emerging Markets Hard Currency

Voya Australia Index Portfolio

Debt Fund

Voya Emerging Markets Index Portfolio

Voya Emerging Markets Local Currency

Voya Euro STOXX 50® Index Portfolio

Debt Fund

Voya FTSE 100 Index® Portfolio

Voya Investment Grade Credit Fund

Voya Global Equity Portfolio

Voya Securitized Credit Fund

Voya Hang Seng Index Portfolio

Voya Target In-Retirement Fund

Voya Index Plus LargeCap Portfolio

Voya Target Retirement 2020 Fund

Voya Index Plus MidCap Portfolio

Voya Target Retirement 2025 Fund

Voya Index Plus SmallCap Portfolio

Voya Target Retirement 2030 Fund

Voya International Index Portfolio

Voya Target Retirement 2035 Fund

Voya Japan TOPIX Index® Portfolio

Voya Target Retirement 2040 Fund

Voya Russell™ Large Cap Growth Index

Voya Target Retirement 2045 Fund

Portfolio

Voya Target Retirement 2050 Fund

Voya Russell™ Large Cap Index Portfolio

Voya Target Retirement 2055 Fund

Voya Russell™ Large Cap Value Index

Voya Target Retirement 2060 Fund

Portfolio

VOYA SERIES FUND, INC

Voya Russell™ Mid Cap Growth Index

Portfolio

Voya Corporate Leaders® 100 Fund

Voya Russell™ Mid Cap Index Portfolio

Voya Global Multi-Asset Fund

Voya Russell™ Small Cap Index Portfolio

Voya Global Target Payment Fund

Voya Small Company Portfolio

Voya Government Money Market Fund

Voya U.S. Bond Index Portfolio

Voya Mid Cap Research Enhanced Index

VOYA VARIABLE PRODUCTS TRUST

Fund

Voya Small Company Fund

Voya MidCap Opportunities Portfolio

VOYA STRATEGIC ALLOCATION

Voya SmallCap Opportunities Portfolio

 

PORTFOLIOS, INC.

 

Voya Strategic Allocation Conservative Portfolio

 

Voya Strategic Allocation Growth Portfolio

 

Voya Strategic Allocation Moderate Portfolio

 

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