Fund Participation Agreement (Fund of Funds)

EX 99.28(h)(20)(iii)

Amendment to

Fund Participation Agreement

(Fund of Funds)

This Amendment is to the Fund Participation Agreement dated September 25, 2017 (“Agreement”) among Xxxxxxx National Life Insurance Company of New York (“Insurance Company”), on behalf of itself and certain of its separate accounts; JNL Series Trust (“Trust”), an open-end investment company organized under the laws of the Commonwealth of Massachusetts, on behalf of each of its series listed on Attachment A, severally and not jointly (each, a “Fund,” and collectively, the “Funds”); Xxxxxxx National Asset Management, LLC (“JNAM”), a limited liability company organized under the laws of the State of Michigan; The Vanguard Group, Inc., a corporation organized under the laws of Pennsylvania (“Vanguard”), each of the open-end management investment companies listed on Attachment A of this Agreement, organized as Delaware business trusts (each, a “Retail Series”), on behalf of certain of their respective portfolios listed on Attachment A (each, a “Retail Underlying Fund,” and collectively, the “Retail Underlying Funds”); and Vanguard Marketing Corporation (the “Distributor”), a Pennsylvania corporation.

Whereas, effective October 1, 2020, the parties have agreed to amend Section 17 of the Agreement to update the notice information for Vanguard and the Distributor.

Now, Therefore, the parties hereto agree to amend the Agreement as follows:

1. Section 17 to the Agreement is hereby deleted and replaced, in its entirety, with the following:

17. All notices, consents, waivers, and other communications under this Agreement must be in writing, and will be deemed to have been duly received: (a) when delivered by hand (with written confirmation of receipt); (b) when sent by telecopier (with written confirmation of receipt), provided that a copy is mailed by registered mail, return receipt requested; (c) the day after it is sent by a nationally recognized overnight delivery service; or (d) when overnight delivery service is not utilized, five days after it is otherwise sent by a nationally recognized delivery service, in each case to the appropriate addresses and telecopier numbers set forth below (or to such other addresses and facsimile numbers as a party may designate by notice to the other parties):

If to Insurance Company:

Xxxxxxx National Life Insurance Company of New York

0 Xxxxxxxxx Xxx

Xxxxxxx, XX 00000

Attn: Legal Department

Facsimile No.: (000) 000-0000

If to the Trust:

JNL Series Trust

0 Xxxxxxxxx Xxx

Xxxxxxx, XX 00000

Attention: General Counsel, Legal Department

Facsimile No.: (000) 000-0000

with a copy to:

Ropes & Xxxx LLP

00 Xxxxx Xxxxxx Xxxxx, 00^xx Xxxxx

Xxxxxxx, XX 00000

Attention: Xxxxxxx Xxxx

Facsimile No.: 000-000-0000

If to JNAM:

Xxxxxxx National Asset Management, LLC

0 Xxxxxxxxx Xxx

Xxxxxxx, XX 00000

Attention: General Counsel, Legal Department

Facsimile No.: (000) 000-0000

If to Vanguard and/or Distributor:

Vanguard

Legal Department, V26

000 Xxxxxxxx Xxxx

Xxxxxxx, XX  00000

Attention: Intermediary Agreements

Facsimile No.: (000) 000-0000

2. Except as specifically amended hereby, the Agreement shall remain in full force and effect in accordance with its terms.

3. Each party hereby represents and warrants to the other parties that it has full authority to enter into this Amendment upon the terms and conditions hereof and that the individual executing this Amendment on its behalf has the requisite authority to execute this Amendment.

In Witness Whereof, the parties hereto have caused this Amendment to be executed as of October 22, 2020. This Amendment may be executed in two or more counterparts, which together shall constitute one document.

	Xxxxxxx National Life Insurance Company of New York
	(on behalf of itself and each Account)
	By:	/s/ Xxxxx X. Xxxxx
	Name:	Xxxxx X. Xxxxx
	Title:	Vice President, Deputy General Counsel
	JNL Series Trust, on behalf of each of its Funds listed on Attachment A
	By:	/s/ Xxxxx X. Xxxxxxx
	Name:	Xxxxx X. Xxxxxxx
	Title:	Assistant Secretary
	Xxxxxxx National Asset Management, LLC
	By:	/s/ Xxxxx X. Xxxx
	Name:	Xxxxx X. Xxxx
	Title:	Senior Vice President & General Counsel
	Vanguard Marketing Corporation
	By:	/s/ Xxxxx Xxxxxxxx
	Name:	Xxxxx Xxxxxxxx
	Title:	Principal
	The Vanguard Group Inc., for itself and on behalf of each retail series listed on attachment a
	By:	/s/ Xxxxx Xxxxxxxx
	Name:	Xxxxx Xxxxxxxx
	Title:	Principal

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