PARTICIPATION AGREEMENT AMONG MFS VARIABLE INSURANCE TRUST, AUSA LIFE INSURANCE COMPANY, INC. AND MASSACHUSETTS FINANCIAL SERVICES COMPANYParticipation Agreement • May 22nd, 2008 • Separate Account VA YNY • Massachusetts
THIS PARTICIPATION AGREEMENT, made and entered into this 1st day of May 2002, by and among MFS VARIABLE INSURANCE TRUST, a Massachusetts business trust (the “Trust”), AUSA LIFE INSURANCE COMPANY, INC., a New York 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 MASSACHUSETTS FINANCIAL SERVICES COMPANY, a Delaware corporation (“MFS”).
EXHIBIT (8)(c) Participation Agreement (Alliance Bernstein)Participation Agreement • May 22nd, 2008 • Separate Account VA YNY • New York
THIS AGREEMENT, made and entered into as of the 1st day of May, 2001 (“Agreement”), by and AUSA Life Insurance Company, Inc., a life insurance company organized under the laws of the State of New York (“Insurer”) (on behalf of itself and its “Separate Account,” defined below); AFSG Securities Corporation a Pennsylvania corporation (“Contracts Distributor”), the principal underwriter with respect to the Contracts referred to below; Alliance Capital Management L.P., a Delaware limited partnership (“Adviser”), the investment adviser of the Fund referred to below; and Alliance Fund Distributors, Inc., a Delaware corporation (“Distributor”), the Fund’s principal underwriter (collectively, the “Parties”),
EXHIBIT (8)(a)(11) AMENDMENT NO. 44 TO PARTICIPATION AGREEMENT (TST)Participation Agreement • April 26th, 2011 • Separate Account VA YNY
The Participation Agreement, dated July 1, 1992, as amended (“Agreement”) among Transamerica Series Trust (the “Fund”), Transamerica Life Insurance Company (“Transamerica”), Transamerica Financial Life Insurance Company (“TFLIC”), and Monumental Life Insurance Company (“Monumental”), (herein collectively, “the Companies”), is hereby amended as follows:
EXHIBIT (8)(a)(9) AMENDMENT NO. 42 TO PARTICIPATION AGREEMENT (TRANSAMERICA SERIES TRUST)Participation Agreement • April 27th, 2010 • Separate Account VA YNY
The Participation Agreement, dated July 1, 1992, as amended (“Agreement”) among Transamerica Series Trust (the “Fund”), Transamerica Life Insurance Company (“Transamerica”), Transamerica Financial Life Insurance Company (“TFLIC”), and Monumental Life Insurance Company (“Monumental”) is hereby amended as follows:
AMENDMENT NO. 48 TO PARTICIPATION AGREEMENT AMONG TRANSAMERICA SERIES TRUST, TRANSAMERICA LIFE INSURANCE COMPANY, TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY, AND MONUMENTAL LIFE INSURANCE COMPANYParticipation Agreement • September 10th, 2012 • Separate Account VA YNY
The Participation Agreement, dated July 1, 1992, as amended (“Agreement”) among Transamerica Series Trust (the “Fund”), Transamerica Life Insurance Company (“Transamerica”), Transamerica Financial Life Insurance Company (“TFLIC”), and Monumental Life Insurance Company (“Monumental”), (herein collectively, “the Companies”), is hereby amended as as follows:
PARTICIPATION AGREEMENT By and Among TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY And GE INVESTMENTS FUNDS, INC. And GE INVESTMENT DISTRIBUTORS, INC. And GE ASSET MANAGEMENT INCORPORATEDParticipation Agreement • November 19th, 2009 • Separate Account VA YNY • New York
THIS PARTICIPATION AGREEMENT (this “Agreement”), made and entered into as of the 16th day of November, 2009, by and among TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY, organized under the laws of the state of New York (the “Company”), on its own behalf and on behalf of each segregated asset account of the Company named in Schedule 1 (Registered Accounts) and Schedule 2 (Unregistered Accounts) to this Agreement as may be amended from time to time (each account individually referred to as an “Account” and collectively referred to as the “Accounts”), GE INVESTMENTS FUNDS, INC., an open-end management investment company organized under the laws of the Commonwealth of Virginia (the “Fund”) on its own behalf and on behalf of the Portfolios named in Schedule 3 (Portfolios) to this Agreement (each portfolio individually referred to as a “Portfolio” and collectively referred to as the “Portfolios”); GE INVESTMENT DISTRIBUTORS, INC., a corporation organized under the laws of the State of Delawa
EXHIBIT (8)(a)(5) AMENDMENT NO. 36 TO PARTICIPATION AGREEMENT (TST)Participation Agreement • May 22nd, 2008 • Separate Account VA YNY
The Participation Agreement, dated July 1, 1992, as amended (“Agreement”) among Transamerica Series Trust (the “Fund”), Transamerica Life Insurance Company (“Transamerica”), Transamerica Financial Life Insurance Company (“TFLIC”), Monumental Life Insurance Company (“Monumental”), and Transamerica Occidental Life Insurance Company (“TOLIC”) is hereby amended as follows:
AMENDMENT NO. 40 TO PARTICIPATION AGREEMENT AMONG TRANSAMERICA SERIES TRUST, TRANSAMERICA LIFE INSURANCE COMPANY, TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY, AND MONUMENTAL LIFE INSURANCE COMPANYParticipation Agreement • April 30th, 2009 • Separate Account VA YNY
The Participation Agreement, dated July 1, 1992, as amended (“Agreement”) among Transamerica Series Trust (the “Fund”), Transamerica Life Insurance Company (“Transamerica”), Transamerica Financial Life Insurance Company (“TFLIC”), and Monumental Life Insurance Company (“Monumental”) is hereby amended as follows:
AMENDMENT NO. 41 TO PARTICIPATION AGREEMENT AMONG TRANSAMERICA SERIES TRUST, TRANSAMERICA LIFE INSURANCE COMPANY, TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY, AND MONUMENTAL LIFE INSURANCE COMPANYParticipation Agreement • November 19th, 2009 • Separate Account VA YNY
The Participation Agreement, dated July 1, 1992, as amended (“Agreement”) among Transamerica Series Trust (the “Fund”), Transamerica Life Insurance Company (“Transamerica”), Transamerica Financial Life Insurance Company (“TFLIC”), and Monumental Life Insurance Company (“Monumental”) is hereby amended as follows:
FUND PARTICIPATION AGREEMENTParticipation Agreement • November 19th, 2009 • Separate Account VA YNY • Massachusetts
THIS AGREEMENT is entered into as of this 1st day of May 2009 among Transamerica Financial Life Insurance Company, (the “Company”) a life insurance company organized under the laws of the State of New York (on behalf of itself and certain of its separate accounts); AMERICAN FUNDS INSURANCE SERIES (“Series”), an open-end management investment company organized under the laws of the Commonwealth of Massachusetts, and CAPITAL RESEARCH AND MANAGEMENT COMPANY (“CRMC”), a corporation organized under the laws of the State of Delaware.
EXHIBIT (8)(g)(6) AMENDMENT NO. 7 PARTICIPATION AGREEMENT (FRANKLIN/TEMPLETON)Participation Agreement • February 15th, 2011 • Separate Account VA YNY
Franklin Templeton Variable Insurance Products Trust (the “Trust”), Franklin/Templeton Distributors, Inc. (the “Underwriter,” and together with the Trust, “we” or “us”), Transamerica Financial Life Insurance Company (the “Company” or “you”), and Transamerica Capital, Inc., your distributor, on your behalf and on behalf of certain Accounts, have previously entered into a Participation Agreement dated May 1, 2004, and subsequently amended May 3, 2004, April 29, 2005, May 1, 2007, July 30, 2007, January 10, 2008 and May 1, 2009 (the “Agreement”). The parties now desire to amend the Agreement by this amendment (the “Amendment”). Unless otherwise indicated, the terms defined in the Agreement shall have the same meaning in this Amendment.
AMENDMENT NO. 2 TO PARTICIPATION AGREEMENT (FRANKLIN-TEMPLETON)Participation Agreement • April 27th, 2010 • Separate Account VA YNY • California
Franklin Templeton Variable Insurance Products Trust (the “Trust”), Franklin/Templeton Distributors, Inc. (the “Underwriter,” and together with the Trust, “we” or “us”), Transamerica Financial Life Insurance Company (“you”), and AFSG Securities Corporation, your distributor, on your behalf and on behalf of certain Accounts, have previously entered into a Participation Agreement dated May 1, 2004 and subsequently amended as of May 3, 2004 (the “Agreement”). The parties now desire to amend the Agreement in this amendment (the “Amendment”).
REINSURANCE AGREEMENT (SWISS Re)Reinsurance Agreement • April 30th, 2009 • Separate Account VA YNY
THIS AGREEMENT between the TRANSAMERICA LIFE INSURANCE COMPANY OF NEW YORK, a corporation organized under the laws of the State of New York, hereinafter referred to as the “Company”, and SWISS RE LIFE & HEALTH AMERICA INC., a corporation organized under the laws of the State of New York, hereinafter referred to as “Swiss Re Life & Health”, WITNESSETH AS FOLLOWS:
AMENDMENT NO. 38 TO PARTICIPATION AGREEMENT AMONG TRANSAMERICA SERIES TRUST, TRANSAMERICA LIFE INSURANCE COMPANY, TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY, AND MONUMENTAL LIFE INSURANCE COMPANYParticipation Agreement • December 29th, 2008 • Separate Account VA YNY
The Participation Agreement, dated July 1, 1992, as amended (“Agreement”) among Transamerica Series Trust (the “Fund”), Transamerica Life Insurance Company (“Transamerica”), Transamerica Financial Life Insurance Company (“TFLIC”), and Monumental Life Insurance Company (“Monumental”) is hereby amended as follows:
Amendment No. 1 to the Fund Participation Agreement (the “Agreement”), dated as of May 1, 2009 between Transamerica Financial Life Insurance Company, American Funds Insurance Series and Capital Research and Management CompanyFund Participation Agreement • November 19th, 2009 • Separate Account VA YNY
EXHIBIT (8)(g)(8) AMENDMENT No. 9 TO PARTICIPATION AGREEMENT (FRANKLIN- TEMPLETON)Participation Agreement • April 13th, 2012 • Separate Account VA YNY
Franklin Templeton Variable Insurance Products Trust (the “Trust”), Franklin/Templeton Distributors, Inc. (the “Underwriter,” and together with the Trust, “we” or “us”), Transamerica Financial Life Insurance Company (the “Company” or “you”), and Transamerica Capital, Inc., your distributor, on your behalf and on behalf of certain Accounts, have previously entered into a Participation Agreement dated May 1, 2004, and subsequently amended May 3, 2004, April 29, 2005, May 1, 2007, July 30, 2007, January 10, 2008, May 1, 2009, October 1, 2010 and May 1, 2011 (the “Agreement”). The parties now desire to amend the Agreement by this amendment (the “Amendment”). Unless otherwise indicated, the terms defined in the Agreement shall have the same meaning in this Amendment.
EXHIBIT (4)(a) FORM OF POLICYAnnuity Contract • May 22nd, 2008 • Separate Account VA YNY • New York
This is a legal contract between the Owner and Transamerica Financial Life Insurance Company, a Stock Company (Hereafter called the Company, we, our or us.) The Company will provide annuities and other benefits as set out in this annuity contract, subject to its provisions. This annuity contract is delivered in, and is governed by, the laws of the State of New York.
AMENDMENT NO. 3 TO PARTICIPATION AGREEMENT (FRANKLIN-TEMPLETON)Participation Agreement • April 27th, 2010 • Separate Account VA YNY
Franklin Templeton Variable Insurance Products Trust (the “Trust”), Franklin/Templeton Distributors, Inc. (the “Underwriter,” and together with the Trust, “we” or “us”), Transamerica Financial Life Insurance Company (the “Company” or “you”), and Transamerica Capital, Inc., your distributor, on your behalf and on behalf of certain Accounts, have previously entered into a Participation Agreement dated as of May 1, 2004 and subsequently amended as of May 3, 2004 and April 29, 2005 (the “Agreement”), The parties now desire to amend the Agreement by this amendment (the “Amendment”).
EXHIBIT (8)(g)(7) AMENDMENT No. 8 TO PARTICIPATION AGREEMENT (FRANKLIN- TEMPLETON)Participation Agreement • April 13th, 2012 • Separate Account VA YNY
Franklin Templeton Variable Insurance Products Trust (the “Trust”), Franklin/Templeton Distributors, Inc. (the “Underwriter,” and together with the Trust, “we” or “us”), Transamerica Financial Life Insurance Company (the “Company” or “you”), and Transamerica Capital, Inc., your distributor, on your behalf and on behalf of certain Accounts, have previously entered into a Participation Agreement dated May 1, 2004, and subsequently amended May 3, 2004, April 29, 2005, May 1, 2007, July 30, 2007, January 10, 2008, May 1, 2009 and October 1, 2010 (the “Agreement”). The parties now desire to amend the Agreement by this amendment (the “Amendment”). Unless otherwise indicated, the terms defined in the Agreement shall have the same meaning in this Amendment.
EXHIBIT (8)(h)(2) AMENDMENT No. 4 TO FUND PARTICIPATION AGREEMENT (JANUS ASPEN SERIES)Fund Participation Agreement • April 13th, 2012 • Separate Account VA YNY
This Amendment (the “Amendment”) to the Fund Participation Agreement (as defined below) is made effective as of August 25, 2011 (“Effective Date”) by and between Janus Aspen Series (the “Trust”) and Transamerica Financial Life Insurance Company, a life insurance company organized under the laws of the State of New York as successor-in-interest to AUSA Life Insurance Company, Inc. (the “Company”).
AMENDMENT TO PARTICIPATION AGREEMENTParticipation Agreement • December 9th, 2011 • Separate Account VA YNY
The Participation Agreement (the “Agreement”), dated as of May 1, 2002, by and among AIM Variable Insurance Funds, a Delaware trust (“AVIF”), Transamerica Financial Life Insurance Company (“LIFE COMPANY”) and Transamerica Capital, Inc., is hereby amended as follows.
AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT (FRANKLIN-TEMPLETON)Participation Agreement • April 27th, 2010 • Separate Account VA YNY
Franklin Templeton Variable Insurance Products Trust (the “Trust”), Franklin/Templeton Distributors, Inc. (the “Underwriter,” and together with the Trust, “we” or “us”), Transamerica Financial Life Insurance Company (“you”), and AFSG Securities Corporation, your distributor, on your behalf and on behalf of certain Accounts, have previously entered into a Participation Agreement dated May 1, 2004 (the “Agreement”). The parties now desire to amend the Agreement in this amendment (the “Amendment”).
AMENDMENT NO. 3 TO JANUS ASPEN SERIES FUND PARTICIPATION AGREEMENTFund Participation Agreement • May 22nd, 2008 • Separate Account VA YNY
The Participation Agreement dated as of September 15, 2000 between Janus Aspen Series (the “Trust”), and Transamerica Financial Life Insurance Company (formerly, AUSA Life Insurance Company, Inc.) (the “Company”), is hereby amended as follows:
EXHIBIT (3)(a)(2) AMENDMENT NO. 3 TO THE AMENDED AND RESTATED PRINCIPAL UNDERWRITING AGREEMENTPrincipal Underwriting Agreement • May 22nd, 2008 • Separate Account VA YNY
Amendment dated November 1, 2007 to the Amended and Restated Principal Underwriting Agreement, dated as of January 25, 2005, by and between Transamerica Capital, Inc. (“TCI”) and Transamerica Financial Life Insurance Company (“TFLIC”) (the “Agreement”).
EXHIBIT (8)(a) Participation Agreement (TST)Participation Agreement • May 22nd, 2008 • Separate Account VA YNY • Florida
THIS AGREEMENT, made and entered into this 1ST day of July, 1992 by and among PFL LIFE INSURANCE COMPANY, an Iowa corporation (hereinafter the “Company”) on its own behalf and on behalf of the PFL Endeavor Variable Annuity Account, and other segregated asset accounts of the Company (hereinafter the “Account(s)”), and WRL SERIES FUND, INC., a Maryland corporation (hereinafter the “Fund”), and WESTERN RESERVE LIFE ASSURANCE CO. OF OHIO, an Ohio corporation and an affiliate of the Company (hereinafter “WRL”) .
AMENDMENT TO PARTICIPATION AGREEMENT (AllianceBernstein)Participation Agreement • May 22nd, 2008 • Separate Account VA YNY
Amendment to the Participation Agreement (the “Agreement”), dated as of May 1, 2001, between TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY (“Insurer”) (formerly AUSA LIFE INSURANCE COMPANY, INC.); TRANSAMERICA CAPITAL, INC. (replacing AFSG SECURITIES CORPORATION by Amendment and Novation) (“Contracts Distributor”); ALLIANCEBERNSTEIN L.P. (formerly, ALLIANCE CAPITAL MANAGEMENT L.P.) (“Adviser”); and ALLIANCEBERNSTEIN INVESTMENTS, INC. (formerly, ALLIANCEBERNSTEIN INVESTMENT RESEARCH AND MANAGEMENT, INC.) (“Distributor”).
AMENDMENT TO PARTICIPATION AGREEMENT (AIM)Participation Agreement • May 22nd, 2008 • Separate Account VA YNY
The Participation Agreement (the “Agreement”), dated as of May 1, 2002, by and among AIM Variable Insurance Funds, a Delaware trust (“AVIF”), Transamerica Financial Life Insurance Company (formerly, AUSA Life Insurance Company, Inc.) (“LIFE COMPANY”) and Transamerica Capital, Inc. (replacing AFSG Securities Corporation by Amendment and Novation), is hereby amended as follows.
EXHIBIT (8)(g)(1) AMENDMENT NO. 5 TO PARTICIPATION AGREEMENT (FRANKLIN TEMPLETON)Participation Agreement • May 22nd, 2008 • Separate Account VA YNY
Franklin Templeton Variable Insurance Products Trust (the “Trust”), Franklin/Templeton Distributors, Inc. (the “Underwriter,” and together with the Trust, “we” or “us”), Transamerica Financial Life Insurance Company (the “Company” or “you”), and Transamerica Capital, Inc., your distributor, on your behalf and on behalf of certain Accounts, have previously entered into a Participation Agreement dated as of May 1, 2004 and subsequently amended as of May 3, 2004, April 29, 2005, May 1, 2007, and July 30, 2007 (the “Agreement”). The parties now desire to amend the Agreement by this amendment (the “Amendment”).
AMENDMENT NO. 8 TO PARTICIPATION AGREEMENTParticipation Agreement • May 22nd, 2008 • Separate Account VA YNY
Transamerica Financial Life Insurance Company (formerly, AUSA Life Insurance Company, Inc.), Variable Insurance Products Fund II, Variable Insurance Products Fund V, and Fidelity Distributors Corporation hereby amend the Participation Agreement (“Agreement”) dated August 31, 2000, by doing the following:
AMENDMENT NO. 7 TO PARTICIPATION AGREEMENTParticipation Agreement • May 22nd, 2008 • Separate Account VA YNY
Transamerica Financial Life Insurance Company (formerly, AUSA Life Insurance Company, Inc.), Variable Insurance Products Fund, Variable Insurance Products Fund V, and Fidelity Distributors Corporation hereby amend the Participation Agreement (“Agreement”) dated August 31, 2000 by doing the following:
ADDENDUM TO PARTICIPATION AGREEMENTParticipation Agreement • May 22nd, 2008 • Separate Account VA YNY
Amendment No.3 to the Participation Agreement, dated as of May 1, 2002, by and among MFS VARIABLE INSURANCE TRUST, MASSACHUSETTS FINANCIAL SERVICES COMPANY, and TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY (formerly, AUSA LIFE INSURANCE COMPANY) (the “Agreement”).
Form of Amended and Restated Principal Underwriting Agreement among Transamerica Capital, Inc. (“TCI”) and Transamerica Financial Life Insurance Company (“TFLIC”)Principal Underwriting Agreement • October 31st, 2007 • Separate Account VA YNY
Amendment to the Amended and Restated Principal Underwriting Agreement, dated as of January 25, 2005, by and between AFSG Securities Corporation (“AFSG”) and Transamerica Financial Life Insurance Company (“TFLIC”) (the “Agreement”).
AMENDMENT TO PARTICIPATION AGREEMENTParticipation Agreement • December 29th, 2008 • Separate Account VA YNY
Amendment to the Participation Agreement (the “Agreement”), dated as of May 1, 2001, between TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY (“Insurer”) (formerly AUSA LIFE INSURANCE COMPANY, INC.); TRANSAMERICA CAPITAL, INC. (replacing AFSG SECURITIES CORPORATION by Amendment and Novation) (“Contracts Distributor”); ALLIANCEBERNSTEIN L.P. (formerly, ALLIANCE CAPITAL MANAGEMENT L.P.) (“Adviser”); and ALLIANCEBERNSTEIN INVESTMENTS, INC. (formerly, ALLIANCEBERNSTEIN INVESTMENT RESEARCH AND MANAGEMENT, INC.) (“Distributor”).
LIFE INSURANCE COMPANY PRODUCT SALES AGREEMENTBroker/Dealer Agreement • October 31st, 2007 • Separate Account VA YNY
THIS AGREEMENT is made by and among each life insurance company (“Insurer”); each principal securities underwriter for the Insurer (“Underwriter”); each selling broker/dealer (“Broker Dealer”); and each selling insurance agency (“Agency”) in the capacities as set forth on Schedule A-Signature Page which is attached to and made a part of this Agreement by this reference. This Agreement is initially effective on the date of first execution by the Insurer.
EXHIBIT (8)(f)(1) FORM OF AMENDMENT NO.6 PARTICIPATION AGREEMENT (FIDELITY VIP III)Participation Agreement • May 22nd, 2008 • Separate Account VA YNY
Transamerica Financial Life Insurance Company (formerly AUSA Life Insurance Company, Inc.), Variable Insurance Products Fund III and Fidelity Distributors Corporation hereby amend the Participation Agreement (“Agreement”) dated August 31, 2000, as amended, by doing the following:
