Mutual of America Separate Account No 3 Sample Contracts

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RECITALS
Fund Participation Agreement • April 19th, 2002 • Mutual of America Separate Account No 3
AMENDED AND RESTATED PARTICIPATION AGREEMENT Among
Participation Agreement • April 29th, 2005 • Mutual of America Separate Account No 3 • Massachusetts

THIS AMENDED AND RESTATED AGREEMENT, made and entered into as of the day of , 2005 by and among Mutual of America Life Insurance Company, (hereinafter the “Company”), a New York corporation, on its own behalf and on behalf of each segregated asset account of the Company set forth on Schedule A hereto as may be amended from time to time (each such account hereinafter referred to as the “Account”); and FIDELITY DISTRIBUTORS CORPORATION (hereinafter the “Underwriter”), a Massachusetts corporation; and each of VARIABLE INSURANCE PRODUCTS FUND, VARIABLE INSURANCE PRODUCTS FUND II and VARIABLE INSURANCE PRODUCTS FUND III, each an unincorporated business trust organized under the laws of the Commonwealth of Massachusetts (each referred to hereinafter as the “Fund”).

WITNESSETH:
Fund Participation Agreement • July 21st, 1999 • Mutual of America Separate Account 3
PARTICIPATION AGREEMENT
Participation Agreement • April 29th, 2005 • Mutual of America Separate Account No 3 • New York

THIS AGREEMENT, made and entered into as of the 29th day of April, 2005, by and among VANGUARD VARIABLE INSURANCE FUND (hereinafter the “Fund”), a Delaware business trust, THE VANGUARD GROUP, INC. (hereinafter the “Sponsor”), a Pennsylvania corporation, VANGUARD MARKETING CORPORATION (hereinafter the “Distributor”), a Pennsylvania corporation, and MUTUAL OF AMERICA LIFE INSURANCE COMPANY (hereinafter the “Company”), a New York corporation, on its own behalf and on behalf of each segregated asset account of the Company named in Schedule A hereto as may be amended from time to time (each such account hereinafter referred to as the “Account”).

PARTICIPATION AGREEMENT AMONG MFS VARIABLE INSURANCE TRUST, MFS VARIABLE INSURANCE TRUST II, MFS VARIABLE INSURANCE TRUST III, MUTUAL OF AMERICA LIFE INSURANCE COMPANY AND MFS FUND DISTRIBUTORS, INC.
Participation Agreement • April 27th, 2018 • Mutual of America Separate Account No 3 • Massachusetts

THIS AGREEMENT, made and entered into this 1st day of May 2018, by and among MFS VARIABLE INSURANCE TRUST, a Massachusetts business trust (“Trust I”); MFS VARIABLE INSURANCE TRUST II, a Massachusetts business trust (“Trust II”); MFS VARIABLE INSURANCE TRUST III, a Delaware statutory trust (“Trust III”) (Trust I, Trust II and Trust III each referred to, individually, as the “Trust” and, collectively, as the “Trusts”); Mutual of America Life Insurance Company, a New York insurance company (the “Company”) on its own behalf and on behalf of each of the segregated asset accounts of the Company set forth in Schedule A hereto, as may be amended from time to time (the “Accounts”); and MFS Fund Distributors, Inc., a Delaware corporation (“MFD”).

PARTICIPATION AGREEMENT Among OPPENHEIMER VARIABLE ACCOUNT FUNDS, OPPENHEIMERFUNDS, INC. and Mutual of America LIFE INSURANCE COMPANY
Participation Agreement • April 29th, 2005 • Mutual of America Separate Account No 3 • New York

THIS AGREEMENT (the “Agreement”), made and entered into as of the 29th day of April, 2005 by and among Mutual of America Life Insurance Company (hereinafter the “Company”), on its own behalf and on behalf of each separate account of the Company named in Schedule 1 to this Agreement, as may be amended from time to time by mutual consent (hereinafter collectively the “Accounts”), Oppenheimer Variable Account Funds (hereinafter the “Fund”) and OppenheimerFunds, Inc. (hereinafter the “Adviser”).

PARTICIPATION AGREEMENT Among and MUTUAL OF AMERICA LIFE INSURANCE COMPANY
Participation Agreement • April 29th, 2013 • Mutual of America Separate Account No 3

THIS AGREEMENT, made and entered into as of this 11th day of April, 2013 by and among Mutual of America Life Insurance Company (hereinafter, the “Company”), a New York insurance company, on its own behalf and on behalf of each segregated asset account of the Company set forth on Schedule A hereto as may be amended from time to time (each account hereinafter referred to as the “Account”), and the undersigned funds, each, a corporation organized under the laws of Maryland (each hereinafter referred to as the “Fund”) and T. Rowe Price Investment Services, Inc. (hereinafter the “Underwriter”), a Maryland corporation.

PARTICIPATION AGREEMENT BY AND AMONG AIM VARIABLE INSURANCE FUNDS (INVESCO VARIABLE INSURANCE FUNDS), INVESCO DISTRIBUTORS, INC., MUTUAL OF AMERICA LIFE INSURANCE COMPANY, ON BEHALF OF ITSELF AND ITS SEPARATE ACCOUNTS,
Participation Agreement • November 14th, 2019 • Mutual of America Separate Account No 3 • Delaware

THIS AGREEMENT, made and entered into as of the 2nd day of May, 2019 (“Agreement”), by and among AIM VARIABLE INSURANCE FUNDS (INVESCO VARIABLE INSURANCE FUNDS), a Delaware Trust (“AVIF (IVIF)”), INVESCO DISTRIBUTORS, INC., a Delaware corporation (“INVESCO”), and Mutual of America Life Insurance Company, a New York life insurance company and the principal underwriter of the Contracts (“LIFE COMPANY” or “UNDERWRITER”), on behalf of itself and each of its segregated asset accounts listed in Schedule A hereto, as the parties hereto may amend from time to time (each, an “Account,” and collectively, the “Accounts”)(collectively, the “Parties”).

FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • November 14th, 2019 • Mutual of America Separate Account No 3 • New York

THIS FUND PARTICIPATION AGREEMENT (“Agreement”) made as of the 19th day of September, 2019, by and between Calvert Variable Products, Inc. and Calvert Variable Series, Inc. (collectively, the “Corporations”), each a Maryland corporation, on its behalf and on behalf of each separate investment series thereof, whether existing as of the date above or established subsequent thereto, (each a “Portfolio” and collectively, the “Portfolios”), Eaton Vance Distributors, Inc. (the “Distributor”), and Mutual of America Life Insurance Company (the “Company”), an insurance company organized under the laws of New York.

AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • April 27th, 2018 • Mutual of America Separate Account No 3

This AMENDMENT TO PARTICIPATION AGREEMENT dated as of March 29, 2007, by and among VANGUARD VARIABLE INSURANCE FUND (“Fund”), THE VANGUARD GROUP, INC., VANGUARD MARKETING CORPORATION (“Sponsor”) and MUTUAL OF AMERICA LIFE INSURANCE COMPANY with an effective date of October 1, 2007.

SHAREHOLDER INFORMATION AGREEMENT
Shareholder Information Agreement • April 27th, 2018 • Mutual of America Separate Account No 3

THIS AGREEMENT (the “Agreement”) is made and entered into as of April 15, 2007, or such other compliance date mandated by Rule 22c-2 under the Investment Company Act of 1940 (“Rule 22c- 2”), whichever is later, by and between AMERICAN CENTURY INVESTMENT SERVICES, INC. (“ACIS”), and the party signing below (“Intermediary”) with an effective date of October 15, 2007.

AMENDED AND RESTATED PARTICIPATION AGREEMENT Among VANGUARD VARIABLE INSURANCE FUND and THE VANGUARD GROUP, INC. and VANGUARD MARKETING CORPORATION and MUTUAL OF AMERICA LIFE INSURANCE COMPANY
Participation Agreement • April 29th, 2013 • Mutual of America Separate Account No 3 • New York

THIS AGREEMENT, made and entered into as of the 17th day of October 2012, by and among VANGUARD VARIABLE INSURANCE FUND (hereinafter the “Fund”), a Delaware business trust, THE VANGUARD GROUP, INC. (hereinafter the “Sponsor”), a Pennsylvania corporation, VANGUARD MARKETING CORPORATION (hereinafter the “Distributor”), a Pennsylvania corporation, and MUTUAL OF AMERICA LIFE INSURANCE COMPANY (hereinafter the “Company”), a New York corporation, on its own behalf and on behalf of each segregated asset account of the Company named in Schedule A hereto as may be amended from time to time (each such account hereinafter referred to as the “Account”).

FUND PARTICIPATION AND SERVICE AGREEMENT
Fund Participation and Service Agreement • April 29th, 2013 • Mutual of America Separate Account No 3 • New York

Mutual of America Life Insurance Company (“Insurance Company”), for itself and on behalf of one or more separate accounts of the Insurance Company (“Separate Accounts”), American Funds Distributors, Inc. (“AFD”), American Funds Service Company (“Transfer Agent”), Capital Research and Management Company (“CRMC”), and the American Funds Insurance Series (the “Series”), an open-end investment company for which AFD, CRMC and Transfer Agent provide services and which is divided into funds (hereinafter collectively called the “Funds” and, individually, a “Fund”), for good and valuable consideration, hereby agree on this 10th day of April 2013, that Class 1 shares of the Funds (“Class 1 Shares” or the “shares”) shall be made available to serve as underlying investment media for certain variable annuity contracts (hereinafter called “Contract(s)”; holders of such Contracts hereinafter called “Contractholder(s)”) to be offered by the Insurance Company subject to the following provisions:

AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • April 29th, 2014 • Mutual of America Separate Account No 3

Effective May 1, 2013, the Participation Agreement (the “Agreement”), dated April 11, 2013 by and among Mutual of America Life Insurance Company (“Company”), T. Rowe Price Equity Series and T. Rowe Price Investment Services, Inc. (collectively, the “Parties”) is hereby amended as follows:

PARTICIPATION AGREEMENT Among MUTUAL OF AMERICA LIFE INSURANCE COMPANY, PIMCO VARIABLE INSURANCE TRUST, PIMCO EQUITY SERIES VIT, and PIMCO INVESTMENTS LLC
Participation Agreement • April 29th, 2013 • Mutual of America Separate Account No 3 • New York

THIS AGREEMENT, dated as of the 11th day of April 2013 by and among Mutual of America Life Insurance Company, (the “Company”), a New York life insurance company, on its own behalf and on behalf of each segregated asset account of the Company set forth on Schedule A hereto as may be amended from time to time (each account hereinafter referred to individually and collectively as the “Account”), PIMCO Variable Insurance Trust and PIMCO Equity Series VIT (each a “Fund” and together the “Funds”), each a Delaware statutory trust, and PIMCO Investments LLC (the “Underwriter”), a Delaware limited liability company.

AMENDMENT NO. 6 TO FUND PARTICIPATION AGREEMENT - SEPARATE ACCOUNT NO. 2 AND NO. 3
Fund Participation Agreement • April 27th, 2018 • Mutual of America Separate Account No 3

THIS AMENDMENT NO. 6 TO FUND PARTICIPATION AGREEMENT – SEPARATE ACCOUNT NO. 2 AND ACCOUNT NO. 3 (the “Amendment”) is effective as of the 1st day of October, 2017, by and among MUTUAL OF AMERICA LIFE INSURANCE COMPANY (“Mutual” or the “Company’’), AMERICAN CENTURY VARIABLE PORTFOLIOS, INC. (“ACVP”), the investment adviser, AMERICAN CENTURY INVESTMENT MANAGEMENT, INC. (“ACIM”), the distributor, AMERICAN CENTURY INVESTMENT SERVICES, INC., (the “Distributor”), and the transfer agent AMERICAN CENTURY SERVICES, LLC (together with the Distributor, “American Century’’). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement (defined below).

MFS Investment Management 111 Huntington Avenue Boston, Massachusetts 02199 T +1 617 954 5000
Letter Agreement • April 27th, 2018 • Mutual of America Separate Account No 3
RULE 22c-2 SHAREHOLDER INFORMATION AGREEMENT
Shareholder Information Agreement • April 27th, 2018 • Mutual of America Separate Account No 3

This Agreement entered into by and between MFS Fund Distributors, Inc. (“MFD”) and Mutual Of America Life Insurance Company (“Intermediary”) with an effective date of May 1st, 2018.

AMENDMENT REGARDING INSURANCE COMPANY PRINTING/DISTRIBUTION OF FUND MATERIALS
Fund Participation Agreement • April 29th, 2013 • Mutual of America Separate Account No 3

THIS AMENDMENT (“Amendment”) is effective January 1, 2012, by and between MUTUAL OF AMERICA LIFE INSURANCE COMPANY (the “Company”), AMERICAN CENTURY INVESTMENT SERVICES, INC. (“Distributor”) and AMERICAN CENTURY SERVICES, LLC (“Transfer Agent” and collectively with Distributor, “American Century”).

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Information Sharing Agreement Pursuant to SEC Rule 22c-2
Information Sharing Agreement • April 27th, 2018 • Mutual of America Separate Account No 3

This Rule 22c-2 Agreement, dated as of the date set forth below and effective October 1, 2007 (the “Agreement”), is between Calvert Distributors, Inc. (“CDI”), as principal underwriter for each of the registered investment companies and their series within the Calvert Group of Funds other than any “excepted fund” as defined in Securities and Exchange Commission (“SEC”) Rule 22c-2(b) under the Investment Company Act of 1940 (each a “Fund” and, collectively, the “Funds”), and the undersigned Company (the “Company”), which may be considered a financial intermediary for purposes of Rule 22c-2 under the Investment Company Act of 1940 (“Rule 22c-2”) with respect to mutual funds distributed by CDI and serviced by Calvert Shareholder Services, Inc. (“CSSI”). This Agreement supplements and does not supersede any other agreement between CDI or CSSI and the Company, as amended from time to time, relating to the distribution and/or servicing of Shares (as defined herein) of the Funds. To the exten

Rule 22c-2 Shareholder Information Agreement Related to Variable Insurance Products
Shareholder Information Agreement • April 27th, 2018 • Mutual of America Separate Account No 3

SHAREHOLDER INFORMATION AGREEMENT entered into as of April 16, 2007 by and between the Fidelity Distributors Corporation (“Underwriter”) on behalf of the Variable Insurance Products Funds (each, a “Fund”) and Mutual of America Life Insurance Company (“the Company”) with an effective date of October 16, 2007. Prior to the effective date of this Shareholder Information Agreement, the Underwriter and the Company agree that any request made by the Underwriter for shareholder transaction information, and the Company’s response to such request, shall be governed by the practices the Company and the Underwriter have utilized in the absence of a formal agreement, if any, to govern such requests.

Exhibit 8(a)(ii) [Mutual of America Letterhead] Scudder Variable Life Investment Fund 175 Federal Street Boston, MA 02110 Re: Participation Agreement with Mutual of America and American Life Dear Sirs/Madams: Pursuant to the provisions of the...
Participation Agreement • July 21st, 1999 • Mutual of America Separate Account 3

Pursuant to the provisions of the Participation Agreement (the "Agreement") made by and among Scudder Variable Life Investment Fund (the "Fund"), Mutual of America Life Insurance Company ("Mutual of America") and The American Life Insurance Company of New York, dated December 30, 1993, and in accordance with the notice provisions of Section 10 of the Agreement, Mutual of America hereby designates its Separate Account No. 3 as an additional separate account included within the definition of "Account" for purposes of the Agreement and entitled to participate in the Fund.

AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • April 27th, 2018 • Mutual of America Separate Account No 3

This will amend the Participation Agreements listed below (collectively, the “Agreement”) between Mutual of America Life Insurance Company (“Institution”) and Fidelity Distributors Corporation (“FDC) and is effective as of June 9, 2017. Terms used herein and not otherwise defined are used with the meaning given them in the Agreement.

Shareholder Information Agreement (Under Rule 22c-2(a) (2) of the Investment Company Act of 1940)
Shareholder Information Agreement • April 27th, 2018 • Mutual of America Separate Account No 3

This Agreement is effective as of the 16th day of April, 2007, by and between OppenheimerFunds Services (“OFS”), a division of OppenheimerFunds, Inc., OppenheimerFunds Distributor, Inc. (“Distributor”) and referred together with OFS as “Oppenheimer”, and Mutual of America Life Insurance Company as parties to the Intermediary Agreement (the “Agreement”).

SHARED FUNDING AGREEMENT
Shared Funding Agreement • April 27th, 2018 • Mutual of America Separate Account No 3

THIS SHARED FUDING AGREEMENT (“Agreement”) is made as of the 22nd day of December, 2016, by and among: Calvert Variable Series, Inc. (the “Fund”), a Maryland corporation, on its behalf and on behalf of each Portfolio (as defined below); Eaton Vance Distributors, Inc. (“EVD”); and Mutual of America Life Insurance Company (the “Company”), a New York mutual life insurance corporation, on behalf of itself and certain of its insurance company separate accounts (each an “Account” and together the “Accounts”).

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