EX-99.(7)(D) 7 a14-20426_8ex99d7d.htm EX-99.(7)(D)

Exhibit 99.7(d)

 

AMENDMENT NO. 14 TO FUND PARTICIPATION AGREEMENT

 

THIS AMENDMENT NO. 14 TO FUND PARTICIPATION AGREEMENT (“Amendment”) is made as of this          day of October, 2014 by and between JEFFERSON NATIONAL LIFE INSURANCE COMPANY and JEFFERSON NATIONAL LIFE INSURANCE COMPANY OF NEW YORK (collectively, the “Company”) and AMERICAN CENTURY INVESTMENT SERVICES, INC. (the “Distributor”).  Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement (defined below).

 

RECITALS

 

WHEREAS, Jefferson National Life Insurance Company and Distributor are parties to a certain Fund Participation Agreement dated April 30, 1997, as amended and novated November 15, 1997, December 31, 1997, January 13, 2000, February 9, 2001, July 31, 2003, March 26, 2004, March 29, 2004, May 1, 2005, May 1, 2006, May 1, 2007, December 1, 2007, November 1, 2009, February 16, 2010, and October 26, 2010 (the “Agreement”) in connection with the participation of the Funds in Contracts offered by the Company; and

 

WHEREAS, the parties have agreed to add Jefferson National Life Insurance Company of New York as an additional party to the Agreement, and Jefferson National Life Insurance Company of New York desires to become a party to the Agreement; and

 

WHEREAS, the parties desire to amend the Agreement to remove the VP Vista Fund as an investment option under the Agreement; and

 

WHEREAS, the parties have agreed to amend the Agreement to make an additional Separate Account available as an investment option under the Agreement; and

 

WHEREAS, in connection with the additional Separate Account made available, the parties have agreed to revise the reimbursement terms; and

 

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

 

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

 

1.                                      Additional Party.  Jefferson National Life Insurance Company of New York is hereby added as a party to the Agreement.

 

2.                                      Funds Available.  The second recital of the Agreement is hereby deleted in its entirety and replaced with the following language:

 

“WHEREAS, the Company wishes to make available as investment options under the Contracts, one or more of the funds identified in Exhibit B attached hereto (the “Funds”), each of which is a series of mutual fund shares registered under the Investment Company Act of 1940, as amended, and issued by a registered investment company (each an “Issuer” and collectively, the “Issuers”); and”

 



 

3.                                      Schedule ASchedule A is hereby deleted in its entirety and the attached Schedule A is inserted in lieu thereof.

 

4.                                      Compensation and ExpensesSection 5c is hereby deleted in its entirety and the following Section 5c is substituted in lieu thereof:

 

“(c)                            Distributor acknowledges that it will derive a substantial savings in administrative expenses, such as a reduction in expenses related to postage, shareholder communications and recordkeeping, by virtue of having a single omnibus account per class per Fund for the Accounts rather than having each Participant as a shareholder.  In consideration of performance of the Administrative Services by the Company, Distributor will pay the Company a fee (the “Administrative Services Fee”) attached hereto as Exhibit B and only on accounts where either the assigned NSCC #4573 or the assigned NSCC #           are listed under this Agreement.”

 

5.                                      Ratification and Confirmation of Agreement.  In the event of a conflict between the terms of this Amendment No. 14 and the Agreement, it is the intention of the parties that the terms of this Amendment No. 14 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 No. 14, the parties hereby confirm and ratify the Agreement.

 

6.                                      Counterparts.                    This Amendment No. 14 may be executed in two or more counterparts, each of which shall be an original and all of which together shall constitute one instrument.

 

7.                                      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.

 

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

 

JEFFERSON NATIONAL LIFE

AMERICAN CENTURY

INSURANCE COMPANY

INVESTMENT SERVICES, INC.

 

 

 

 

 

By:

 

 

By:

 

 

Name:

 

Name:

Cindy A. Johnson

 

Title:

 

Title:

Vice President

 

 

JEFFERSON NATIONAL LIFE

 

INSURANCE COMPANY OF NEW YORK

 

 

 

 

 

By:

 

 

 

 

Name:

Craig Hawley

 

 

Title:

General Counsel

 

 

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EXHIBIT B

 

 

 

 

 

Rate for Non-Monument

 

Rate for Monument

 

Fund

 

Class

 

Advisor Assets

 

Advisor Assets

 

 

 

 

 

 

 

 

 

VP Balanced

 

I

 

35

bps

35

bps

 

 

 

 

 

 

 

 

VP Income & Growth

 

I

 

25

bps

35

bps

 

 

 

 

 

 

 

 

VP Inflation Protection

 

II

 

5

bps

10

bps

 

 

 

 

 

 

 

 

VP International

 

I

 

25

bps

35

bps

 

 

 

 

 

 

 

 

VP Large Company Value

 

I

 

25

bps

35

bps

 

 

 

 

 

 

 

 

VP Mid Cap Value

 

I

 

25

bps

35

bps

 

 

 

 

 

 

 

 

VP Ultra

 

I

 

25

bps

35

bps

 

 

 

 

 

 

 

 

VP Value

 

I

 

25

bps

35

bps

 

Note:  All funds not available in all products, and some funds are available in Monument Advisor only.

 

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SCHEDULE A

 

ACCOUNTS, CONTRACTS AND PORTFOLIOS

SUBJECT TO THE PARTICIPATION AGREEMENT

 

Name of Separate
Account and Date
Established by Board of Directors

 

Contracts Funded
by Separate Account

 

Portfolios and
Class of Shares
Available to Contracts

 

Jefferson National Life Annuity Account C

Jefferson National Life Annuity Account E

Jefferson National Life Annuity Account F

Jefferson National Life Annuity Account G

Jefferson National Life of New York Annuity Account 1

1980

November 12, 1993

September 26, 1997

January 18, 1996

January 1, 2014

 

CVIC-2000

CVIC-2001

CVIC-2004

CVIC-2005

22-4056

22-4025

32-4000

32-4002

32-4003

22-4047

22-4048

22-4061

JNL-2100

JNL-2200

JNL-2300

JNL-2300-1

JNL-2300-2

JNL-2300-1-NY

 

VP Income & Growth Fund (Class I)

 

VP Inflation Protection Fund (Class II)

 

VP International Fund (Class I)

 

VP Large Company Value (Class I)

 

VP Value Fund (Class I)

 

VP Balanced Fund (Class I)

 

VP Ultra (Class I)

 

 

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