AMENDMENT No. 2 TO PARTICIPATION AGREEMENT
Exhibit 99.(h)(8)(iii)
AMENDMENT No. 2 TO PARTICIPATION AGREEMENT
THIS AMENDMENT No. 2 TO PARTICIPATION AGREEMENT (this “Amendment”) is made as of April 1, 2025 by and among PROTECTIVE LIFE AND ANNUITY INSURANCE COMPANY (the “Company”), acting herein for and on behalf of itself and on behalf of each separate account set forth in Schedule B to the Participation Agreement between the parties (the “Separate Accounts”); ROYCE CAPITAL FUND (the “Fund”); and ROYCE FUND SERVICES, LLC (the “Distributor” and collectively with the Fund, “Royce”).
WHEREAS, the Company and Royce are parties to a certain Participation Agreement dated November 1, 2009 (the “Agreement”);
WHEREAS, the parties desire to amend the Agreement to update the separate accounts and insurance contracts listed in Schedule B; and
WHEREAS, the parties now desire to modify the Agreement as provided herein.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and conditions set forth herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree to amend the Agreement as follows:
| 1. | Schedule B. Schedule B to the Agreement is hereby deleted in its entirety and replaced with Schedule B as attached hereto. |
| 2. | 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 pasties hereby confirm and ratify the Agreement |
| 3. | Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. |
| 4. | 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. |
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, the undersigned has caused the Amendment to be executed and effective as of April 1, 2025.
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PROTECTIVE LIFE AND ANNUITY INSURANCE COMPANY:
On its behalf and each Separate Account named in Schedule B to the Agreement |
By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇
Name:_▇▇▇▇▇ ▇▇▇▇▇▇________
Title: Chief Product Officer – Retirement Division
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ROYCE CAPITAL FUND:
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By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Title: President
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ROYCE FUND SERVICES, LLC:
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By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Title: President
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Schedule B
| Separate Accounts | Contracts |
| Variable Annuity Account A of Protective Life |
ProtectiveRewards Elite NY ProtectiveAccess XL NY ProtectiveRewards II NY Protective Variable Annuity NY, Series B, C and L Protective Variable Annuity II B Series NY Protective Investors Benefit Advisory NY Variable Annuity
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PLAIC Variable Annuity Account S
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▇▇▇▇▇▇ Genesis Variable Annuity NY ▇▇▇▇▇▇ Genesis Advisory Variable Annuity NY
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| Protective NY COLI VUL Separate Account |
Protective Executive Benefits Registered VUL NY
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| Protective NY COLI PPVUL Separate Account |
Protective Executive Benefits Private Placement VUL NY
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| Protective NY Variable Life Separate Account | Protective Strategic Objectives VUL II NY |