EX-99.77(A)(3) 2 e601654_ex99-77a3.txt EX-77.(a)(3) ING INVESTORS TRUST AMENDMENT #33 TO THE AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST ABOLITION OF SERIES OF SHARES OF BENEFICIAL INTEREST The undersigned, being a majority of the Trustees of ING Investors Trust, a Massachusetts business trust (the "Trust"), acting pursuant to Article VI, Section 6.2 and Article XI, Sections 11.2 and 11.4 of the Trust's Amended and Restated Agreement and Declaration of Trust, dated February 26, 2002, as amended, hereby abolish the ING Eagle Asset Capital Appreciation Portfolio, and the establishment and designation thereof, there being no shares of such series currently outstanding. Dated: December 27, 2006 -------------------------------- -------------------------------- John V. Boyer, as Trustee Jock Patton, as Trustee -------------------------------- -------------------------------- Patricia W. Chadwick, as Trustee Sheryl K. Pressler, as Trustee -------------------------------- -------------------------------- J. Michael Earley, as Trustee David W.C. Putnam, as Trustee -------------------------------- -------------------------------- R. Barbara Gitenstein, as Trustee John G. Turner, as Trustee -------------------------------- -------------------------------- Patrick W. Kenny, as Trustee Roger B. Vincent, as Trustee -------------------------------- Walter H. May, as Trustee