Exhibit 16(1)(vi): Amendment No. 4, effective March 1, 2016, to the Intercompany Agreement dated as of December 22, 2010 (effective January 1, 2010) between ING Investment Management LLC (now known as “Voya Investment Management LLC”) and ING Life Insurance and Annuity Company (now known as “Voya Retirement Insurance and Annuity Company”)
Amendment No. 4 TO THE INTERCOMPANY AGREEMENT
This Amendment No. 4, effective as of March 01, 2016, amends the Intercompany Agreement, dated as of December 22, 2010, as amended (the “Agreement”), by and between ING Investment Management LLC (“IIM”), (now known as “Voya Investment Management LLC” or “VIM”) and ING Life Insurance and Annuity Company (“ILIAC”) (now known as “Voya Retirement Insurance and Annuity Company” or “VRIAC”).
W I T N E S S E T H
WHEREAS, VIM conducts an asset management business through various companies that provides investment advice to and perform administrative services for certain U.S. registered investment companies (“Funds”), including Voya Investments, LLC (“VIL”), an investment adviser for certain Funds; and
WHEREAS, VRIAC is an insurance company which offers a variety of insurance products, including variable annuities and which also provides administrative services to various tax-advantaged plans and programs established under Section 401(a), 403(b), 457 or 408 of the Internal Revenue Code (“Code”), certain non-qualified deferred compensation arrangements, and to custodial accounts established under Code Sections 403(b)(7) or 408 (collectively “non-insurance customers”); and
WHEREAS, VIM pays and/or causes its subsidiaries to pay, to VRIAC the amounts derived from applying the annual rates listed in Schedule A against the average net assets invested in the funds by VRIAC non-insurance customers during the prior calendar month; and
WHEREAS, Schedule A is reviewed at least once each calendar quarter and may be modified at any time by mutual written consent; and
WHEREAS, the parties desire to clarify the Agreement to (1) reflect the name change of VIM and VRIAC, the Funds and each of their series of portfolios, and; (2) replace Schedule A; and
NOW, THEREFORE, the parties agree as follows:
1. All references to “ING Investment Management LLC” and “IIM” in the Agreement and hereby deleted and replaced with “Voya Investment Management LLC” and “VIM”, respectively.
2. All references to “ING Life Insurance and Annuity Company” and “ILIAC” in the Agreement are hereby deleted and replaced with “Voya Retirement Insurance and Annuity Company” and “VRIAC”, respectively.
3. Schedule A to the Agreement is deleted in its entirety and is replaced with the attached Amended Schedule A.
4. Capitalized terms used in this Amendment and not otherwise defined shall have the meanings ascribed to them in the Agreement.
5. This Amendment may be executed in several counterparts, each of which shall be an original, but all of which together will constitute one and the same instrument.
6. In all other respects, the Agreement is hereby confirmed and remains in full force and effect.
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