AMENDMENT NO. 8 To AMENDED AND RESTATED FUND PARTICIPATION AGREEMENT
AMENDMENT NO. 8
To
THIS AMENDMENT No. 8 TO THE AMENDED AND RESTATED FUND PARTICIPATION AGREEMENT (“Amendment”), is dated as of July 1, 2023, by and between ULTRA SERIES FUND (“TRUST”) a Massachusetts business trust, MDF Distributor, LLC (formerly Mosaic Funds Distributor, LLC)(“DISTRIBUTOR”), a Wisconsin limited liability company, and CMFG Life Insurance Company (formerly CUNA MUTUAL INSURANCE SOCIETY)(“LIFE COMPANY”), a life insurance company organized under the laws of the State of Iowa.
WHEREAS, Trust, Distributor and Life Company are parties to that certain Amended and Restated Fund Participation Agreement dated as of June 30, 2009, as amended (“Agreement”);
WHEREAS, since the Effective Date of the Agreement the available Portfolios, markets and competitive environment have changed;
WHEREAS, the purpose of this Amendment is to account for such changes.
NOW, THEREFORE, in consideration of the mutual promises made herein, the parties hereto agree as follows:
1. Appendix D. Appendix D to the Agreement is amended and restated to reflect the compensation and fees; and
2. No Other Changes. Except as modified hereby, all other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused their duly authorized officers to execute this Amendment to the Amended and Restated Fund Participation Agreement as of the date and year first above written.
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇
Title: President
CMFG Life Insurance Company
By: /s/ ▇▇▇▇▇ ▇. Hanzlik_______
Name: ▇▇▇▇▇ ▇. Hanzlik_______
Title: Vice President__________
MFD DISTRIBUTOR, LLC
By:/s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇
Title: Chief Executive Officer
Appendix D
Compensation and Fees
Beginning July 1, 2023, Distributor shall pay (or shall cause to be paid) to Life Company the following fees per annum, calculated monthly based on the average daily net asset value of shares of each class of each Fund held on behalf of the Plans. Fees shall be paid quarterly in arrears within thirty (30) days after the end of the quarter by wire transfer or check to Life Company. Distributor shall keep adequate and accurate records with respect to the calculation and payment of the fees hereunder. Such records shall be provided to Life Company upon request for purposes of auditing and reconciliation of payment amounts. Unless otherwise specified, all fees in the table below represent revenue sharing fees.
Payments to Life Company, if any, under the Agreement will be calculated and paid by the Distributor or its affiliate or agent as provided below.
| Class I Shares | Fees | ||||
| Conservative Allocation Fund | 0.050% on Fund assets | ||||
| Moderate Allocation Fund | 0.050% on Fund assets | ||||
| Aggressive Allocation Fund | 0.050% on Fund assets | ||||
| Bond Fund | 0.10 % on Fund assets | ||||
| High Income Fund | 0.10% on Fund assets | ||||
| Diversified Income Fund | •0.175% on Fund assets, where Total assets are greater than $1 billion •0.15% on Fund assets, where Total assets are greater than $750 million •0.10 % on Fund assets, where Total assets are less than $750 million | ||||
| Large Cap Value Fund | •0.175% on Fund assets, where Total assets are greater than $1 billion •0.15% on Fund assets, where Total assets are greater than $750 million •0.10 % on Fund assets, where Total assets are less than $750 million | ||||
| Large Cap Growth Fund | •0.175% on Fund assets, where Total assets are greater than $1 billion •0.15% on Fund assets, where Total assets are greater than $750 million •0.10 % on Fund assets, where Total assets are less than $750 million | ||||
| Mid Cap Fund | •0.175% on Fund assets, where Total assets are greater than $1 billion •0.15% on Fund assets, where Total assets are greater than $750 million •0.10 % on Fund assets, where Total assets are less than $750 million | ||||
| International Stock Fund | •0.175% on Fund assets, where Total assets are greater than $1 billion •0.15% on Fund assets, where Total assets are greater than $750 million •0.10 % on Fund assets, where Total assets are less than $750 million | ||||