Amendment No. 3 to the Fund Participation and Service Agreement
Amendment No. 3 to the Fund Participation and Service Agreement
Reference is made to that certain Fund Participation and Service Agreement, dated May 30, 2013, as amended (the "Agreement"), by and among Pruco Life Insurance Company and Pruco Life Insurance Company of New Jersey (collectively, "Insurance Company"), for itself and on behalf of one or more separate accounts of the Insurance Company ("Separate Accounts"), American Funds Distributors, Inc. ("AFD"), American Funds Service Company ("Transfer Agent"), Capital Research and Management Company ("CRMC"), and the American Funds Insurance Series (the "Series"), an open-end investment company for which AFD, CRMC and Transfer Agent provide services and which is divided into funds (hereinafter collectively called the "Funds" and, individually, a "Fund").
WITNESSETH:
WHEREAS, the Insurance Company, AFD, Transfer Agent, CRMC and the Series desire to amend the Agreement; and
WHEREAS, Section 23 of the Agreement provides that the Agreement may be amended by written agreement of the parties.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, and intending to be legally bound, the Insurance Company, AFD, Transfer Agent, CRMC and the Series, severally and not jointly, agree to amend the Agreement as follows:
1.Section l(a) is deleted and replaced with the following language:
As distributor of the Series, AFD agrees to make Class l and Class 2 shares of the Funds that offer such share classes generally available to the Insurance Company for itself and on behalf of the Separate Accounts on the attached Schedule A pursuant to the terms of this Agreement. Insurance Company agrees to give the Series and CRMC at least (thirty) 30 days' notice prior to adding any additional Funds as underlying investment options to the Contracts. AFD reserves the right to approve any proposed addition by the Insurance Company. The Insurance Company will offer shares of the Funds in connection with the sale of Contracts to Contractholders. Fund shares to be made available to Separate Accounts for the Contracts shall be sold by the Series and purchased by the Insurance Company for a given account in accordance with the provisions of this Agreement and at the net asset value of the respective class of the respective Fund (without the imposition of a sales load) computed in accordance with the provisions of the then current Prospectus (as defined below) of the Series. This Agreement is in all respects subject to statements regarding the sale and repurchase or redemption of shares made in the offering Prospectuses of the Funds, and to the applicable Rules of FINRA, which shall control and override any provision to the contrary in this Agreement.
2.The first sentence in Section l(c) is deleted and replaced with the following sentence:
Insurance Company, directly or through subcontractors (including a designated affiliate), shall provide the certain services described in this Agreement in respect of Separate Accounts holding Class l and/or Class 2 shares of behalf of AFD, Transfer Agent and the Funds in connection with the sale and servicing of the Contracts.
3.Schedule A of the Agreement shall be deleted in its entirety and replaced with the following Schedule A.
4.Schedule B of the Agreement shall be deleted in its entirety.
IN WITNESS WHEREOF, the Trust, the Distributor and the Company hereby amend this Agreement in accordance with Article 23 of the Agreement.
PRUCO LIFE INSURANCE COMPANY,
for itself and on behalf of the Separate Accounts
Date: 8/16/2023
By: /s/ ▇▇▇ ▇▇▇▇▇▇▇▇
Name: ▇▇▇ ▇▇▇▇▇▇▇▇
Title: Vice President
PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY,
for itself and on behalf of the Separate Accounts
Date: 8/16/2023
By: /s/ ▇▇▇ ▇▇▇▇▇▇▇▇
Name: ▇▇▇ ▇▇▇▇▇▇▇▇
Title: Vice President
AMERICAN FUNDS DISTRIBUTORS, INC.
Date: By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Secretary
AMERICAN FUNDS INSURANCE SERIES
Date: By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Principal Executive Officer
AMERICAN FUNDS SERVICE COMPANY
Date: By: /s/ ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Secretary
CAPITAL RESEARCH AND MANAGEMENT COMPANY
Date: By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Senior Vice President & Senior Counsel
Fund Business Management Group
Schedule A
Effective as of 8/1/2023, the following separate accounts of the Company are subject to the Agreement and the following Trust Classes and Series are available under the Agreement:
Name of Account | Date Established by Board of Directors of the Company | SEC 1940 Act Registration Number | Trust Classes and Series American Funds Insurance Series - Class I and Class 2 American Funds Insurance Series - Class I and Class 2 American Funds Insurance Series - Class I and Class 2 American Funds Insurance Series - Class I and Class 2 | ||||||||
Pruco Life Variable Universal Account | April 17, 1989 | 811-05826 | |||||||||
PLNJ Variable Appreciable Account | January 13, 1984 | 811-03974 | |||||||||
Pruco Life Variable Contract Account M- 2 | January 3, 2001 | Exempt | |||||||||
Pruco Life Variable Contract Account M | January 3, 2001 | Exempt | |||||||||