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Exhibit 16(5) |
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[Voya Stationery] |
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J. Neil McMurdie |
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Senior Counsel |
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(860) 580-2824 |
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Fax: (860) 580-4897 |
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Neil.McMurdie@voya.com |
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November 21, 2014 |
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Securities and Exchange Commission |
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100 F Street, NE |
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Washington, DC 20549 |
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Attention: Filing Desk |
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Re: Voya Retirement Insurance and Annuity Company |
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Post-Effective Amendment No. 4 to Registration Statement on Form S-3 |
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Prospectus Title: Voya Select Rate |
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File No.: 333-166370 |
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Dear Ladies and Gentlemen: |
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In my capacity as Counsel to Voya Retirement Insurance and Annuity Company, a Connecticut domiciled corporation |
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(“Company”), I have supervised the preparation of the registration statement for the Voya Retirement Insurance and |
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Annuity Company, Voya Select Rate Annuity available under certain variable annuity contracts (“Contracts”) to be |
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filed by the Company with the Securities and Exchange Commission under the Securities Act of 1933. |
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I am of the following opinion: |
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(1) |
The Company was organized in accordance with the laws of the State of Connecticut and is a duly |
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authorized stock life insurance company under the laws of Connecticut and the laws of those states in |
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which the Company is admitted to do business; |
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(2) |
The Company is authorized to issue Contracts in those states in which it is admitted and upon |
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compliance with applicable local law; |
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(3) |
The Contracts, when issued in accordance with the prospectus contained in the aforesaid registration |
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statement and upon compliance with applicable local law, will be legal and binding obligations of the |
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Company in accordance with their terms; and |
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(4) |
The interests in the Contracts will, when issued and sold in the manner described in the registration |
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statement, be legal and binding obligations of the Company and will be legally and validly issued, |
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fully paid, and non-assessable. |
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In arriving at the foregoing opinion, I have made such examination of law and examined such records and other |
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documents as in my judgment are necessary or appropriate. |
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I hereby consent to the filing of this opinion as an exhibit to the aforesaid registration statement. In giving this consent I |
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do not thereby admit that I come within the category of persons whose consent is required under Section 7 of the |
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Securities Act of 1933 or the Rules and Regulations of the Securities and Exchange Commission thereunder. |
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Sincerely, |
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/s/ J. Neil McMurdie |
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J. Neil McMurdie |
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Windsor Site |
Voya Services Company |
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One Orange Way, C2N |
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Windsor, CT 06095-4774 |
