Ex. 99-B.4.23

Ex. 99-B.4.23

THE VARIABLE FEATURES OF THE GROUP CONTRACT ARE DESCRIBED IN PART IV.

The Contract Holder may cancel this Contract within 10 days of receiving it by returning this Contract along with a written notice to the Company at the above address or to the agent from whom it was purchased. Within 7 days after it receives the notice of cancellation and this Contract at its Home Office, the Company will return any increase or minus any decrease in the current value of any funds allocated to the Separate Account.

This page, the following pages, the application, the Plan and Subtitle II (Rules and Regulations of the New York State Deferred Compensation Board) make up the entire Contract.

Signed at the Home Office on the Effective Date.

Group Variable Annuity Contract - Allocated

Nonparticipating

GAGOV-98(NY)

This Contract is a legal contract and constitutes the entire legal relationship between the Company and the Contract Holder.

READ THIS CONTRACT CAREFULLY. This Contract sets forth, in detail, all of the rights and obligations of both you and the Company. IT IS, THEREFORE, IMPORTANT THAT YOU READ THIS CONTRACT CAREFULLY.

GAGOV-98(NY)

The Daily Asset Charge reflected above applies to all Fund(s), except the following:

The Daily Asset Charge will be adjusted (up or down) no less often than annually in accordance with ING's existing administrative practice to reflect changes in the Current Value of all Participant Accounts. See 8.12 for rules permitting the aggregation of Participant Accounts with certain other contracts issued by ING for purposes of satisfying the Current Value breakpoints shown above. The Daily Asset Charge does not include investment advisory fees and other expenses charged by a Fund investment manager. These fees are disclosed in the applicable Fund prospectus.

GAGOV-98(NY)

A person on whose life an ▇▇▇▇▇▇▇ has been effected under this Contract.

Payment of an income for a stated period.

The Internal Revenue Code of 1986, as it may be amended from time to time.

Any accumulation option offered under this Contract or such other contract offered by the Company or its affiliates, to the Contract Holder in connection with the Plan which:

The entity named on the Contract cover page of this Contract, to which the Contract is issued.

The period of 12 months measured from the date the first Net Purchase Payment is applied to the Contract or from any anniversary of such date.

See 4.01.

An Annuity with payments which do not vary in amount.

The open-end, registered, management investment companies (mutual funds) made available by the Company under this Contract.

The account holding the assets of the Company, other than those assets held in a Separate Account.

An authorized Participant or Contract Holder instruction to the Company is in Good Order when given with such clarity and completeness that the Company is not required to exercise any discretion, utilizing such forms as the Company may require.

An individual who participates in the Plan named on the cover page of this Contract.

See 3.02.

The Plan named on the cover page of this Contract. The Plan, and Subtitle II (Rules and Regulations of the New York State Deferred Compensation Board) (9 NYCRR 9000-9006) are part of this Contract.

Payments made to the Company for allocation to Participant Accounts under this Contract.

An account set up by the Company under Title 38a, Section 38a-433, of the Connecticut General Statutes and subject to the laws of New York which buys and holds shares of the Fund(s). Income, gains or losses, realized or unrealized are credited or charged to this account without regard to other income, gains or losses of the Company. The Company owns the assets held in such an account and is not a trustee as to the amounts held. These accounts generally are not guaranteed and assets therein are held at market value. The assets of such accounts, to the extent of reserves and other contract liabilities of the account, shall not be charged with other Company liabilities.

A Plan which offers Participants investment options not provided under this Contract and not otherwise provided by or through the Company or its affiliates, excluding investment options no longer accepting payments and scheduled to convert to this Contract.

See 7.01.

The date and time at which accumulation unit values and annuity unit values are calculated. Currently, this calculation is made after the close of business of the New York Stock Exchange on any normal business day, Monday through Friday, that the New York Stock Exchange is open.

An Annuity with payments which vary with the net investment results of a Separate Account.

The person or entity designated as administrator in the Plan document is primarily responsible for Plan administration. The Company is not the Plan Administrator. The Company will provide certain services to the Plan as set forth herein and as selected by the Contract Holder. The amount of the Daily Asset Charge will be affected by the level of service provided to the Plan by the Company and/or its licensed representatives.

The Company or its licensed representatives will provide certain basic enrollment and administrative services to the Plan, under this Contract. The full range of such services to be provided to the Plan by the Company will be disclosed to the Contract Holder on or before the Effective Date. The Company and the Contract Holder may agree in writing to have additional services provided to the Plan by the Company or its licensed representatives. At the option of the Contract Holder, the cost of such additional services may be included as an adjustment to the Daily Asset Charge deducted from a Separate Account, or as an adjustment to the Participant Account Charge.

The actual Purchase Payment(s) less premium tax and charges due at conversion, if any. As a rule, the Company will deduct the premium tax when Annuity benefits are purchased (see Part VI). If the Company determines that a premium tax is due when Purchase Payments are received or at any other time, it will deduct the tax at that time. Conversion charges may arise when any Purchase Payment is derived from the cancellation of any contract or policy issued by the Company or any of its affiliates (see 8.13). Such Purchase Payment may be subject to deductions in accordance with the Company's administrative practice.

The Company will maintain an individual account for each Participant. If instructed by the Contract Holder, the Company will maintain up to 5 asset accounts for each such Participant Account.

Net Purchase Payments will be allocated to Participant Accounts and their asset accounts as directed by the Contract Holder on behalf of the Participants.

For each Participant Account the Contract Holder will direct that the Net Purchase Payment(s) allocated to that Account be credited among the Fund(s) in which the Separate Account invests.

The Company must be told the percentage of the Net Purchase Payment(s) to be applied to each investment above. With the consent of the Contract Holder, the Participant may direct the investment allocation of his or her Participant Account or any asset account thereof. If the Company does not receive allocation instructions, unless otherwise agreed with the Contract Holder, it will return the Purchase Payment.

The Company shall issue certificates to the Participants as required by the state of New York where this Contract is delivered. The certificate will summarize certain provisions of the Contract. Certificates are not a part of the Contract.

With respect to the Current Value of Participant Accounts, the Company will notify the Contract Holder and the Participants four times each year. Each quarterly statement shall indicate:

Such number or values will be as of a date no more than 60 calendar days before the date of the notice.

The Current Value of any Participant Account is equal to the value of all Separate Account Record Units.

Current Value does not include amounts used to purchase an Annuity.

The portion of the Net Purchase Payment(s) applied to a Separate Account will determine the number of Fund(s) Record Units. This number is equal to the Net Purchase Payment(s) applied to the Fund divided by the Fund(s) Record Unit Value (see 4.04) for the Valuation Period in which the Purchase Payment is received in Good Order.

The Net Return Factor(s) are used to compute all Separate Account Record Units for any Fund(s).

The Net Return Factor for each Fund is equal to 1.0000000 plus the Net Return Rate.

The Net Return Rate is equal to:

A Net Return Rate may be more or less than 0. The value of a share of any Fund is equal to the net assets of the Fund divided by the number of shares outstanding.

A Fund(s) Record Unit Value is computed by multiplying the Net Return Factors for the current Valuation Period by the Fund(s) Record Unit Value for the previous Period. The dollar value of a Fund(s) Record Unit and Separate Account assets may go up or down due to investment gain or loss.

The Company may apply Experience Credits (investment, administrative, mortality or otherwise) under this Contract. Such credits may be applied as a reduction in Daily Asset Charge. Experience Credits may be applied in such other manner as the Company deems appropriate for the class of contracts to which this Contract belongs within the state of issue. Any such credit will be computed for contracts of the same class in accordance with the Company's administrative practice consistently applied.

An amount (see Contract Specifications) deducted periodically from each Participant Account. The amount will be adjusted (up or down) no less often than annually on the last day of each Contract Year. At the discretion of the Contract Holder, it will be deducted from the asset account designated by the Company on a pro-rata basis across all investment options offered under this Contract or otherwise provided to the Plan by or through the Company or its affiliates, or may be paid to the Company separately by the Contract Holder.

A Daily Asset Charge expressed as an annual rate of Current Value that will be deducted for the Company's mortality and expense risks, which may include profit. The Daily Asset Charge varies by the total value of assets held under this Contract or such other investment arrangements made available to the Plan by or through the Company or its affiliates, (see Contract Specifications and 8.12) by the level of plan administrative services provided by the Company, (see 2.01 and 2.02) and by any experience credits that may apply, (see 4.05). The Daily Asset Charge will be adjusted (up or down) no less often than annually in accordance with the Company's existing administrative practice to reflect changes in the Current Value of all Participant Accounts.

Subject to the following paragraphs and before an Annuity Option is elected, all or any portion of the Current Value of any Participant Account held in a Fund may be transferred to any other allowable Fund.

Where this Contract functions as a component part of a larger Plan investment program that is offered by the Company or its affiliates on a consolidated basis and that also includes shares of specifically identified registered investment companies and/or a self directed brokerage arrangement then, for purposes of this Equity Wash Restriction provision:

A Systematic Allocation involves placing a lump sum in one Fund (mutual fund) and having it reallocated to another Fund in substantially equal monthly installments. The purpose of a Systematic Allocation is to permit shares of the second Fund to be purchased using the "dollar-cost averaging" method. The amount applied to a Systematic Allocation must be no less than $100 per month over a period of at least 12 months. Systematic Allocations for a period longer than 24 months must be consented to by the Company. A Systematic Allocation is not available after an Annuity Option has been elected.

The Company reserves the right to limit the Funds that can be used to pay out or receive Systematic Allocations.

With respect to a Participant Account, the Participant (with the consent of the Contract Holder) may initiate a Systematic Allocation. Unless otherwise consented to by the Company, no Participant may have more than one Systematic Allocation in effect. A Participant may revoke a Systematic Allocation at any time.

Distribution from a Participant Account to the Participant must begin in the form of periodic payments no later than the April 1 following the calendar year in which the Participant attains age 70 1/2, or such other age as may be provided by law, or be made in a lump sum by the same date. The Contract Holder, on behalf of the Participant, must direct the Company to commence such Annuity or make such payment.

The Company will pay the Current Value to the beneficiary (see 8.07) if:

The sum paid will be the Current Value for the Valuation Period in which the notice is received in Good Order at the Company's Home Office.

Without further amendment of this Contract, the Company may, from time to time, establish and make available for election by the Contract Holder, one or more Participant Account Systematic Distribution Options (SDO). When an SDO election is in effect as to any Participant Account, automatic withdrawals will be made from the Participant Account. No Surrender Fees apply to such automatic withdrawals made under an SDO.

The Contract Holder may tell the Company, on behalf of a retired or separated Participant, to pay any portion of a Participant's Participant Account (minus any premium tax) as a premium for an Annuity under Option 1 or 2 (see 6.08). The first Annuity payment must generally be made no later than the April 1 of the calendar year following the year in which the Participant turns age 70 1/2 or retires, whichever occurs later. In lieu of the election of an annuity or a Systematic Distribution Option under 5.05, the Contract Holder may tell the Company to make a lump sum payment (see 7.01).

When an Annuity Option is chosen, the Company must also be told if payments are to be made other than monthly and to pay:

If a Fixed Annuity is chosen, the Company will add interest daily at an annual rate no less than 3.0%. The Company may add interest daily at any higher rate.

If a Variable Annuity is chosen, an Assumed Annual Net Return Rate of 5% may be chosen. If not chosen, the Company will use an Assumed Annual Net Return Rate of 3.5%.

In no event may any payments to the Participant under any Annuity Option extend beyond.

If the beneficiary (see 8.07) elects an Annuity Option on behalf of the Participant's beneficiary under the Plan, in no event may payments to the Participant's beneficiary under an Annuity Option extend beyond the maximum period allowed under Code Section 457(d).

However, if a Participant's beneficiary dies while receiving Annuity payments, the present value of any remaining payments will be paid in one lump sum to the estate of the Participant's beneficiary. The interest rate used to determine the first payment will be used to calculate the present value.

Upon the death of the Annuitant(s), any remaining guaranteed payments will continue to the beneficiary unless the beneficiary elects to receive the present value of any remaining guaranteed payments in a lump sum. Such payments will be paid at least as rapidly as under the method of distribution then in effect.

The interest rate used to determine the first Annuity payment will be used to calculate the present value. The present value will be determined as of the Valuation Period in which proof of death acceptable to the Company and a request for payment is received at the Company's Home Office.

The number of Fund(s) Annuity Units is based on the amount of the first Variable Annuity payment which is equal to:

Such amount, or portion, of the Variable Payment will be divided by the appropriate Fund(s) Annuity Unit Value (see 6.07) on the tenth Valuation Period before the due date of the first payment to determine the number of each Fund(s) Annuity Units. The number of each Fund(s) Annuity Units remains fixed until a Fund transfer occurs. Each future payment is equal to the sum of the products of each Fund(s) Annuity Unit Value multiplied by the appropriate number of Units. The Fund(s) Annuity Unit Value on the tenth Valuation Period prior to the due date of the payment is used.

For any Valuation Period, a Fund(s) Annuity Unit Value is equal to:

The dollar value of a Fund(s) Annuity Unit Values and payments may go up or down due to investment gain or loss.

If Variable Annuity payments are not to decrease, the Company must earn a gross return on the assets of the Separate Account of:

Option 1 - Payments for a Stated Period of Time - An Annuity will be paid for the number of years chosen. The number of years must be at least five and not more than 30 and the Annuity may be a Fixed or Variable Annuity.

Option 2 - Lump-Sum Payment - Payment of a lump sum equal to all or any portion of the Participant Account.

Other Options - The Company may make other options available as allowed by the laws of the state in which this Contract is delivered.

A "Surrender" is any withdrawal from this Contract for any purpose other than to pay a Benefit.

"Benefits" are payable to Participants by the Contract Holder in accordance with the terms of the Plan for reasons of Participant retirement, separation from service with the employer, death, employer certified unforeseeable emergency, or in-service withdrawals as permitted under Code Section 457. Benefits are not subject to a surrender charge. The Contract Holder must supply documentation acceptable to the Company to support requests for Benefit payments.

Participant Surrenders are not permitted under this Contract except for Split-Funded plans.

The Contract Holder may surrender this Contract for its Current Value. Full and partial Surrenders are satisfied by withdrawing amounts from each of the Fund(s) on a pro rata basis. However, the Participant may specify a particular order in which investment options will be liquidated in order to satisfy a partial Surrender request. After a transfer involving a Competing Investment Option has occurred, payment of any subsequent Surrender may be delayed for a period of 90 days from the date of the transfer involving a Competing Investment Option.

After 5 completed Contract Years the Company shall have the right, in accordance with its existing administrative practices and procedures, to:

The above statements notwithstanding, after the completion of a period agreed upon by the Contract Holder and the Company not to exceed five years from the date as of which an agreement appointing the Company as a financial organization for the Plan is entered into between the Contract Holder and the Company ("period") and after the completion of each successive period, any assets of the Plan accumulated pursuant to that agreement which are currently invested under the Contract will be transferred as soon as administratively practicable to a successor funding agency designated by the Contract Holder unless, not later than 7 days before the date on which a transfer would otherwise occur, the Contract Holder, after following the procedures specified in Section 9003.2 of the Regulations, (as included in the amended Regulation effective June 1, 1988), notifies the Company in writing to renew that agreement. The Company will not be responsible for the validity of any notice provided by the Contract Holder. Such funds will be transferred in a single sum and no early withdrawal charges, surrender charges, market value adjustments or other fees will be applied in connection with such a transfer.

This Contract may be changed at any time by written mutual agreement of the Contract Holder and the Company. The Company may change the terms of this Contract when, in its opinion, such change is necessary to protect it from (a) the adverse financial effects of any change in Plan provisions, the administrative practices of the Plan, or investment options offered by the Plan, or (b) the action of any legislative, judiciary, or regulatory body which affects the operation of the Plan or this Contract.

Only a Vice President or above of the Company or any officer acting pursuant to a written delegation of authority from such person may change the terms of this Contract. No other employee, agent, or representative of the Company may make any change in this Contract. The Company will notify the Contract Holder in writing at least 30 days before the effective date of any change. Notice of any change to this contract will be provided to Participants by the Company unless the Contract ▇▇▇▇▇▇ agrees to so notify them. Any change will not affect the amount or terms of any Annuity which begins before the change.

Except as otherwise expressly provided in the Contract, any change that affects the following Sections of this Contract will not be applied to amounts in existing Participant Accounts, but may apply to Purchase Payments made to such Accounts after the change:

Any change that affects the Annuity Options and the tables for such options may be made:

New Participants covered, and Purchase Payments made, under this Contract on or after the date any change is effective will be subject to the change. If the Contract Holder does not agree to any change under this provision no new Participants will be covered under this Contract. Additionally, the Company reserves the right, following written notice to an objecting Contract Holder, to stop accepting Purchase Payments for the Participants covered under this Contract before the change.

The Company, or the Separate Account, may change the Fund(s) in which the Separate Account invests, including, without limitation, the following:

Changes must be:

The Company will notify the Contract Holder in writing before the effective date of any such change.

The Contract Holder, Participants, or beneficiaries will not have a right to share in the earnings of the Company, other than as provided herein.

The Company will make Annuity payments as and when due. The Company will make other payments within 7 days of the Valuation Period in which the written claim for payment is received in Good Order at the Company's Home Office, except as provided in Section 7.01.

This Contract complies with the laws of New York where it is delivered. Any cash, death, or Annuity payments are equal to or greater than the minimum required by such laws. Annuity tables for legal reserve valuation shall be as required by state law. Such tables may be different from Annuity tables used to determine Annuity payments.

Except as otherwise expressly provided, all rights in this Contract rest with the Contract Holder. The Contract Holder, or authorized designee of the Contract Holder (as allowed by law), may make any choices allowed by this Contract with respect to Participant Accounts.

Any choices under this Contract must be in writing or in a form satisfactory to the Company. Until receipt of such choices in its Home Office, the Company may rely on any prior choices made. This Contract and its Participant Accounts are not subject to claims of any creditors except to the extent permitted by law.

Effective as described in the following sentence, the Contract Holder agrees that all amounts maintained under this Contract, and any amounts withdrawn or paid from this Contract, will be utilized for the exclusive benefit of Plan Participants and their beneficiaries.

The beneficiary of Participant Accounts shall be the Contract Holder.

If the Company finds the age of any payee to be misstated, the correct facts will be used to adjust payments. The Company reserves the right to correct any informational or administrative errors.

The Company cannot cancel this Contract because of any error of fact on the application, after the second Contract Year.

This Contract will remain in effect even if Purchase Payments are not continued, unless canceled by the Company pursuant to section, 8.09 or 8.13(b).

The Company may, in its sole discretion, elect not to exercise a right or reservation specified in this Contract. Such election shall not constitute a waiver of the right to exercise such right or reservation at any subsequent time.

The Daily Asset Charge described in the Specifications varies by the Current Value of Participant Accounts. In determining such Current Value, Participant Accounts of the following contracts will be aggregated:

For purposes of determining the Daily Asset Charge under this Contract, where such other contract comes into existence after the Effective Date, the aggregation will commence in accordance with the Company's existing administrative practice, but in no event later than the first day of the next succeeding Contract Year. Where such other contract is in existence prior to, or on the Effective Date, the aggregation will commence on the Effective Date.

GAGOV-98(NY)