AMENDMENT TO THE PARTICIPATION AGREEMENT AMONG PROTECTIVE LIFE AND ANNUITY INSURANCE COMPANY, GOLDMAN SACHS VARIABLE INSURNACE TRUST AND GOLDMAN SACHS & CO. LLC
Exhibit 99.(h)(3)(vi)
AMENDMENT TO THE PARTICIPATION AGREEMENT
AMONG PROTECTIVE LIFE AND ANNUITY INSURANCE COMPANY,
▇▇▇▇▇▇▇ ▇▇▇▇▇ VARIABLE INSURNACE TRUST
AND ▇▇▇▇▇▇▇ ▇▇▇▇▇ & CO. LLC
THIS AMENDMENT TO THE PARTICIPATION AGREEMENT (the “Amendment”) is made as of this 23rd day of April, 2024 by and between ▇▇▇▇▇▇▇ ▇▇▇▇▇ VARIABLE INSURANCE TRUST, a statutory trust formed under the laws of Delaware (the “Trust”), ▇▇▇▇▇▇▇ ▇▇▇▇▇ & Co. LLC, a New York limited liability company (the “Distributor”), and PROTECTIVE LIFE AND ANNUITY INSURANCE COMPANY, an Alabama life insurance company (the “Company”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement (defined below).
RECITALS
WHEREAS, the Trust, Distributor and Company are parties to a certain Participation Agreement dated December 19, 2003, as amended (the “Agreement”), in which the Company offers to the public certain variable annuity contracts and variable life insurance contracts; and
WHEREAS, the parties desire to amend Schedule 1 and Schedule 3 of the Agreement; and
WHEREAS, the parties now desire to further modify the Agreement as provided herein.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:
1. Schedule 1 of the Agreement is hereby deleted in its entirety and replaced with Schedule 1 attached hereto.
2. Schedule 3 of the Agreement is hereby deleted in its entirety and replaced with Schedule 3 attached hereto.
3. Ratification and Confirmation of Agreement. In the event of a conflict between the terms of this Amendment and the Agreement, it is the intention of the parties that the terms of this Amendment 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, the parties hereby confirm and ratify the Agreement.
4. Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be an original and all of which together shall constitute one instrument.
5. 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.
WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first above written.
| ▇▇▇▇▇▇▇ ▇▇▇▇▇ VARIABLE INSURANCE TRUST | ||
| By: | /s/ ▇▇▇▇▇ ▇▇▇▇▇ | |
| Name: | ▇▇▇▇▇ ▇▇▇▇▇ | |
| Title: | Managing Director | |
| ▇▇▇▇▇▇▇ ▇▇▇▇▇ & CO. LLC | ||
| By: | /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ | |
| Name: | ▇▇▇▇▇ ▇▇▇▇▇▇ | |
| Title: | Managing Director | |
| PROTECTIVE LIFE AND ANNUITY INSURANCE COMPANY | ||
| By: | /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ | |
| Name: | ▇▇▇▇▇ ▇▇▇▇▇▇ | |
| Title: | Chief Product Officer, Retirement Division | |
Schedule 1
Accounts of the Company
Investing in the Trust
| Name of Account | Date Established | SEC 1940 Act Registration Number |
Type of Product Supported by Account |
| Variable Annuity Account A of Protective Life Separate Account | 12/1/1997 | 811-8537 | Variable Annuities |
| PLAIC Variable Annuity Account S | 7/2/2020 | 811-23594 | Variable Annuities |
| Protective COLI PPVUL | 4/14/2020 | Unregistered | PPVUL |
| Protective NY COLI VUL | 2/25/2020 | 811-23707 | Registered COLI VUL |
Schedule 3
Trust Classes and Series
Available Under each Class of Contracts
Effective April 15, 2024, the following Trust Classes and Series are available under the Contracts:
| Contracts Marketing Name | Trust Classes and Series |
|
Elements Classic NY Protective Aspirations NY Protective Investors Benefit Advisor Variable Annuity NY Protective Variable Annuity NY (L,B,C Series) Protective Variable Annuity NY Protective Variable Annuity B Series NY Protective Variable Annuity II B Series NY ProtectiveAccess XL NY ProtectiveRewards Elite NY ProtectiveRewards II NY ▇▇▇▇▇▇ Genesis Advisory Variable Annuity NY ▇▇▇▇▇▇ Genesis Variable Annuity NY Transitions |
All available ▇▇▇▇▇▇▇ ▇▇▇▇▇ Variable Insurance Trust Funds (Institutional and Service Shares) |
| Protective Private Placement VUL (Protective COLI PPVUL NY separate account) | All available ▇▇▇▇▇▇▇ ▇▇▇▇▇ Variable Insurance Trust Funds (Institutional and Service Shares) |
| Protective Executive Benefits Registered VUL NY | All available ▇▇▇▇▇▇▇ ▇▇▇▇▇ Variable Insurance Trust Funds (Institutional and Service Shares) |