EX-99.(H)(5)(VI) 11 d78391dex99h5vi.htm AMENDMENT N0. 4 TO SECOND A&R RETIREMENT PLAN PARTICIPATION AGREEMENT DTD 1/1/21 Amendment N0. 4 to Second A&R Retirement Plan Participation Agreement dtd 1/1/21

Exhibit (h)(5)(vi)

AMENDMENT NO. 4

SECOND AMENDED AND RESTATED RETIREMENT PLAN PARTICIPATION AGREEMENT

Amendment No. 4, dated as of February 1, 2021 (“Amendment No. 4”), to the Second Amended and Restated Retirement Plan Participation Agreement, dated as of April 26, 2012 (“Agreement”), by and among EQ Advisors Trust (“Trust”), Equitable Financial Life Insurance Company (formerly, AXA Equitable Life Insurance Company), Equitable 401(K) Plan (formerly, AXA Equitable 401(K) Plan) and Equitable Distributors (formerly, AXA Distributors, LLC) (collectively, the “Parties”).

WHEREAS, the Parties wish to amend the Agreement to reflect the name change of AXA Distributors, LLC, AXA Equitable Life Insurance Company and AXA Equitable 401(K) Plan and remove Portfolios listed in Schedule A (as reflected in Section 2 below).

The Parties hereby agree to amend the Agreement as follows:

 

  1.

Effective July 16, 2020, all references in the Agreement to AXA Distributors, LLC, AXA Equitable Life Insurance Company and AXA Equitable 401(K) Plan, are hereby deleted and replaced with Equitable Distributors, LLC, Equitable Financial Life Insurance Company and Equitable 401(K) Plan, respectively.

 

  2.

Removed Portfolios.    All references to the AXA/AB Small Cap Growth Portfolio and EQ/MFS International Growth Portfolio are hereby deleted from the Agreement.

 

  3.

Schedule A. Schedule A to the Agreement, setting forth the Portfolios of the Trust participating on behalf of which the Trust is entering into the Agreement is hereby replaced in its entirety by Schedule A attached hereto.

Except as modified and amended hereby, the Agreement is hereby ratified and confirmed in full force and effect in accordance with its terms.

IN WITNESS WHEREOF, the parties have executed and delivered this Amendment No. 4 as of the date first above set forth.

 

  EQ ADVISORS TRUST     EQUITABLE 401(K) PLAN
        By:  

Investment Committee established by the employee

benefit plans sponsored by Equitable Financial Life

Insurance Company, as Plan Fiduciary

      

 

By:

 

/s/ Kenneth Kozlowski

   
 

Name: Title:

 

Kenneth Kozlowski

Senior Vice President and Chief Investment Officer

   
        By:  

/s/ Glen Gardner

        Name:   Glen Gardner
        Title:   Chairman of Investment
          Committee for Benefit Plans


    EQUITABLE DISTRIBUTORS, LLC    

EQUITABLE FINANCIAL LIFE INSURANCE COMPANY

          

By:

 

/s/ Nicholas Lane

    By:  

/s/ Glen Gardner

    Name:   Nicholas Lane     Name:   Glen Gardner
   

Title:

 

Chairman, Chief Executive Officer

and President

    Title:  

Managing Director


SCHEDULE A

EQUITABLE 401(K) PLAN PARTICIPATION AGREEMENT

DESIGNATED PORTFOLIO AND CLASS

 

Portfolio

  

1290 VT GAMCO Small Company Value Portfolio

     Class K