Exhibit 99.8(h)(ii)
SECOND AMENDMENT
TO
FUND PARTICIPATION AGREEMENT
(INSTITUTIONAL SHARES OF JANUS ASPEN SERIES)
Second Amendment, effective November 27, 2013 to the Participation
Agreement, (the "Agreement"), dated July 1, 1999, as amended, by and among MONY
Life Insurance Company of America (the "Company") and Janus Aspen Series (the
"Trust") (collectively, the "Parties")
WHEREAS, the Parties wish to add a new Separate Account to Schedule A of
the Agreement and further amend the Agreement as set forth below
The Parties hereby agree to amend the Agreement as follows
1 SCHEDULE A Schedule A of the Agreement is hereby deleted in its
entirety and replaced with the attached "Schedule A"
2 The following shall be added to the end of Article I of the Agreement
"1 10 (a) All orders accepted by the Company shall be subject to the
terms of the then current prospectus of each Portfolio, including without
limitation, policies regarding market timing and excessive trading The Company
shall use its best efforts and shall reasonably cooperate with the Trust to
enforce stated prospectus policies regarding transactions in Portfolio shares,
particularly those related to market timing The Company acknowledges that orders
accepted by it in violation of the Trust's stated policies may be subsequently
revoked or cancelled by the Trust and that the Trust shall not be responsible
for any losses incurred by the Company or Contract or Account as a result of
such cancellation The Trust or its agent shall notify the Company of such
cancellation prior to 12 00 p m Eastern Time on the next following Business Day
after any such cancellation
(b) In addition, the Company acknowledges that the Trust has
the right to refuse any purchase order for any reason, particularly if the Trust
determines that a Portfolio would be unable to invest the money effectively in
accordance with its investment policies or would otherwise be adversely affected
due to the size of the transaction, frequency of trading by the account or other
factors
1 11 The Company certifies that it is following all relevant rules and
regulations, as well as internal policies and procedures, regarding "forward
pricing" and the handling of mutual fund orders on a timely basis As evidence of
its compliance, the Company shall provide, upon request, certification to the
Trust that it is following all relevant rules, regulations, and internal
policies and procedures regarding "forward pricing" and the handling of mutual
fund orders on a timely basis "
3 The following shall be added to the end of Article III
"3 11 The Company is, and shall carry out its activities under this
Agreement, in compliance with all applicable anti-money laundering laws, rules
and regulations including, but not limited to, the U S A PATRIOT Act of 2001, P
L 107-56 The Company further represents that it has policies and procedures in
place to detect money laundering and terrorist financing, including the
reporting of suspicious activity
3 12 The Company is a "financial intermediary" as defined by Rule
22c-2 of the 1940 Act (the "Rule"), and has entered into an appropriate
agreement with the Trust or one of its affiliates pursuant to the requirements
of the Rule "
1
4. Article VII shall be revised as follows:
"If to the Trust:
Janus Aspen Series
000 Xxxxxxx Xxxxxx
Xxxxxx, XX 00000
Attn: Chief Legal Counsel
If to the Company:
MONY Life Insurance Company of America
0000 Xxxxxx xx xxx Xxxxxxxx
Xxx Xxxx, XX 00000
Attn: Funds Management Group"
Except as modified and amended hereby, the Agreement is hereby ratified and
confirmed in full force and effect in accordance with its terms.
IN WITNESS WHEREOF, the Parties have executed and delivered this Second
Amendment as of the date first above set forth.
JANUS ASPEN SERIES
By: /s/ Xxxxxxxxx Xxxxxxxxxx
---------------------------------
Name: Xxxxxxxxx Xxxxxxxxxx
---------------------------------
Title: Vice President
---------------------------------
Date: December 3, 2013
---------------------------------
MONY LIFE INSURANCE COMPANY OF AMERICA, on behalf of itself and its separate
accounts
By: /s/ Xxxxxx X. Xxxxx
---------------------------------
Name: Xxxxxx X. Xxxxx
---------------------------------
Title: Senior Vice President
---------------------------------
Date: 12/05/2013
---------------------------------
2
SCHEDULE A
SEPARATE ACCOUNTS AND ASSOCIATED CONTRACTS
CONTRACTS FUNDED
NAME OF SEPARATE ACCOUNT BY SEPARATE ACCOUNT
------------------------------------------- -------------------------------
MONY Life Insurance Company of America All Contracts
Separate Account "L"
MONY Life Insurance Company of America All Contracts
Separate Account "A"
MONY Life Insurance Company of America All Contracts
Separate Account "P"
MONY Life Insurance Company of America All Contracts
Separate Account "K"
3
