PARTICIPATION AGREEMENT Among EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY, PIMCO VARIABLE INSURANCE TRUST, and ALLIANZ GLOBAL INVESTORS DISTRIBUTORS LLCParticipation Agreement • September 21st, 2009 • Empire Fidelity Investments Variable Annuity Account A • California
THIS AGREEMENT, dated as of the ___ day of , [insert year], by and among Empire Fidelity Investments Life Insurance Company, (the "Company"), an [insert state] 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 as the "Account"), PIMCO Variable Insurance Trust (the "Fund"), a Delaware statutory trust, and Allianz Global Investors Distributors LLC (the "Underwriter"), a Delaware limited liability company.
EXHIBIT 14(b) PARTICIPATION AGREEMENT Among VARIABLE INSURANCE PRODUCTS FUND II, FIDELITY DISTRIBUTORS CORPORATION and [Name of Insurance Company] THIS AGREEMENT, made and entered into this __ day of _________,1991 by and among EMPIRE FIDELITY...Participation Agreement • April 25th, 1997 • Empire Fidelity Investments Variable Annuity Account A • Massachusetts
EXHIBIT 14(b) PARTICIPATION AGREEMENT Among VARIABLE INSURANCE PRODUCTS FUND II, FIDELITY DISTRIBUTORS CORPORATION and [Name of Insurance Company] THIS AGREEMENT, made and entered into this __ day of _________,1991 by and among EMPIRE FIDELITY INVESTMENTS 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 the VARIABLE INSURANCE PRODUCTS FUND II, an unincorporated business trust organized under the laws of the Commonwealth of Massachusetts (hereinafter the "Fund") and FIDELITY DISTRIBUTORS CORPORATION (hereinafter the "Underwriter"), a Massachusetts corporation. WHEREAS, the Fund engages in business as an open-end management investment company and is available to act as the investment vehicle for separate accounts established for variable life insuranc
EMPIRE FIDELITY INVESTMENTS CORPORATION EXECUTION COPY PARTICIPATION AGREEMENT BY AND AMONG EMPIRE FIDELITY INVESTMENTS CORPORATION AND WARBURG, PINCUS TRUST AND WARBURG, PINCUS COUNSELLORS, INC. AND COUNSELLORS SECURITIES INC. THIS AGREEMENT, made...Participation Agreement • August 29th, 1997 • Empire Fidelity Investments Variable Annuity Account A • New York
EMPIRE FIDELITY INVESTMENTS CORPORATION EXECUTION COPY PARTICIPATION AGREEMENT BY AND AMONG EMPIRE FIDELITY INVESTMENTS CORPORATION AND WARBURG, PINCUS TRUST AND WARBURG, PINCUS COUNSELLORS, INC. AND COUNSELLORS SECURITIES INC. THIS AGREEMENT, made and entered into this day of _____________, 1997, by and among Empire Fidelity Investments Corporation, a New York corporation (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 (each account referred to as the "Account"), Warburg, Pincus Trust, an open-end management investment company and business trust organized under the laws of the Commonwealth of Massachusetts (the "Fund"); Warburg, Pincus Counsellors, Inc. a corporation organized under the laws of the State of Delaware (the "Adviser"); and Counsellors Securities Inc., a corporation organized under the laws of the State of New York ("CSI"). WHEREAS, the Fund engages in busine
AUTOMATIC REINSURANCE AGREEMENT between EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY; (a corporation organized under the laws of the state of New York, having its principal place of business in Boston, Massachusetts; hereinafter referred to as...Automatic Reinsurance Agreement • July 6th, 2007 • Empire Fidelity Investments Variable Annuity Account A
FUND PARTICIPATION AGREEMENTFund Participation Agreement • April 27th, 2006 • Empire Fidelity Investments Variable Annuity Account A • New York
This Agreement is entered into as of the ___ day of April, 2006, by and among Empire Fidelity Investments Life Insurance Company ("Insurance Company"), a life insurance company organized under the laws of the State of New York, LAZARD ASSET MANAGEMENT SECURITIES LLC ("Lazard"), and LAZARD RETIREMENT SERIES, INC. ("Fund"), with respect to the Fund's Portfolios and shares classes named on Schedule 1, as it may be amended from time to time (each a "Portfolio").
PARTICIPATION AGREEMENT BY AND AMONG AIM VARIABLE INSURANCE FUNDS (INVESCO VARIABLE INSURANCE FUNDS), INVESCO DISTRIBUTORS, INC., AND EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY, ON BEHALF OF ITSELF AND ITS SEPARATE ACCOUNTSParticipation Agreement • June 18th, 2010 • Empire Fidelity Investments Variable Annuity Account A • Delaware
PARTICIPATION AGREEMENT THIS AGREEMENT, made and entered into as of the 1st day of June, 2010 ("Agreement"), by and among AIM Variable Insurance Funds (Invesco Variable Insurance Funds), a Delaware Trust ("AVIF"), Invesco Distributors, Inc., a Delaware corporation ("INVESCO"), Empire Fidelity Investments Life Insurance Company, a Utah life insurance company ("LIFE COMPANY"), 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"). WITNESSETH THAT: WHEREAS, AVIF is registered with the Securities and Exchange Commission ("SEC") as an open-end management investment company under the Investment Company Act of 1940, as amended (the "1940 Act"); and WHEREAS, AVIF currently consists of separate series portfolios ("Series"), offering shares ("Shares") each of which are registered under the Securities Act of 1933,
PARTICIPATION AGREEMENT THIS AGREEMENT, is made as of August 28, 1997, by and among Empire Fidelity Investments Life Insurance Company ("Company"), on its own behalf and on behalf of Empire Fidelity Investments Variable Annuity Account A, a segregated...Participation Agreement • August 29th, 1997 • Empire Fidelity Investments Variable Annuity Account A • Wisconsin
PARTICIPATION AGREEMENT THIS AGREEMENT, is made as of August 28, 1997, by and among Empire Fidelity Investments Life Insurance Company ("Company"), on its own behalf and on behalf of Empire Fidelity Investments Variable Annuity Account A, a segregated asset account of the Company ("Account"), Strong Variable Insurance Funds, Inc. ("Strong Variable") on behalf of the Portfolios of Strong Variable listed on the attached Exhibit A as such Exhibit may be amended from time to time (the "Designated Portfolios"), Strong Opportunity Fund II, Inc. ("Opportunity Fund II"), Strong Capital Management, Inc. (the "Adviser"), the investment adviser and transfer agent for the Opportunity Fund II and Strong Variable, and Strong Funds Distributors, Inc. ("Distributors"), the distributor for Strong Variable and the Opportunity Fund II (each, a "Party" and collectively, the "Parties"). PRELIMINARY STATEMENTS A. Beneficial interests in Strong Variable are divided into several series of shares, each represe
FUND PARTICIPATION AGREEMENT THIS AGREEMENT made as of the 8th day of August, 1997, by and between the PBHG INSURANCE SERIES FUND, INC. ("FUND"), a Maryland corporation, PILGRIM BAXTER & ASSOCIATES, LTD. ("ADVISER"), a Delaware corporation, and EMPIRE...Fund Participation Agreement • August 29th, 1997 • Empire Fidelity Investments Variable Annuity Account A
FUND PARTICIPATION AGREEMENT THIS AGREEMENT made as of the 8th day of August, 1997, by and between the PBHG INSURANCE SERIES FUND, INC. ("FUND"), a Maryland corporation, PILGRIM BAXTER & ASSOCIATES, LTD. ("ADVISER"), a Delaware corporation, and EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY ("LIFE COMPANY"), a life insurance company organized under the laws of the State of New York. WHEREAS, FUND is registered with the Securities and Exchange Commission ("SEC") under the Investment Company Act of 1940, as amended (the "`40 Act"), as an open-end, diversified management investment company; and WHEREAS, FUND is organized as a series fund comprised of several Portfolios ("Portfolios"), with those currently available being listed on Appendix A hereto; and WHEREAS, FUND was organized to act as the funding vehicle for certain variable life insurance and/or variable annuity contracts ("Variable Contracts") offered by life insurance companies through separate accounts ("Separate Accounts")
EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY NEW YORK, NEW YORK DEFERRED ANNUITY Flexible Purchase Payments Variable Accumulation Values Fixed Annuity Income Payments NonparticipatingDeferred Annuity Agreement • August 9th, 2005 • Empire Fidelity Investments Variable Annuity Account A
Empire Fidelity Investments Life Insurance Company (also referred to as "EFILI", "we" or "us") agrees to pay monthly fixed annuity income to the Annuitant(s) starting on the Annuity Date.
EXHIBIT 4(a) FIDELITY INVESTMENTS LIFE INSURANCE COMPANY SALT LAKE CITY, UTAH SELF DIRECTED INCOME ANNUITY VARIABLE AND/OR FIXED INCOME NONPARTICIPATING Fidelity Investments Life Insurance Company agrees to pay lifetime income to the Annuitant, and...Self Directed Income Annuity Contract • April 25th, 1997 • Empire Fidelity Investments Variable Annuity Account A
EXHIBIT 4(a) FIDELITY INVESTMENTS LIFE INSURANCE COMPANY SALT LAKE CITY, UTAH SELF DIRECTED INCOME ANNUITY VARIABLE AND/OR FIXED INCOME NONPARTICIPATING Fidelity Investments Life Insurance Company agrees to pay lifetime income to the Annuitant, and the Joint Annuitant if any, beginning with the first Annuity Income Date and to provide the other rights and benefits of this Contract. These agreements are subject to all the provisions of this Contract. This Contract has been issued in return for the attached application and the single purchase payment made. ALL INCOME AND VALUES PROVIDED BY THIS CONTRACT, WHEN BASED ON INVESTMENT EXPERIENCE OF A SEPARATE ACCOUNT, ARE VARIABLE AND ARE NOT GUARANTEED AS TO DOLLAR AMOUNT. Signed for the Company at its Executive Offices, Boston, Massachusetts PRESIDENT SECRETARY TEN DAY RIGHT TO RETURN THE CONTRACT When this Contract is issued, you have 10 days after you receive it from the Company to examine it. Within those 10 days you can return the Contra
THIS AGREEMENT, made and entered into as of the 1st day of September, 1997 by and among EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY (hereinafter the "Company"), a New York corporation, on its own behalf and on behalf of each separate account of...Investment Management Agreement • August 29th, 1997 • Empire Fidelity Investments Variable Annuity Account A • New York
THIS AGREEMENT, made and entered into as of the 1st day of September, 1997 by and among EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY (hereinafter the "Company"), a New York corporation, on its own behalf and on behalf of each separate 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 MORGAN STANLEY UNIVERSAL FUNDS, INC. (hereinafter the "Fund"), a Maryland corporation, and MORGAN STANLEY ASSET MANAGEMENT INC. and MILLER ANDERSON & SHERRERD, LLP (hereinafter collectively the "Advisers" and individually the "Adviser"), a Delaware corporation and a Pennsylvania limited liability partnership, respectively. WHEREAS, the Fund engages in business as an open-end management investment company and is available to act as (i) the investment vehicle for separate accounts established by insurance companies for individual and group life insurance policies and annuity contracts with variable
EXHIBIT 3(a) DISTRIBUTION AGREEMENT This agreement dated as of October 1, 1991 (the "Agreement"), among Empire Fidelity Investments Life Insurance Company ("EFILI"), a New York corporation, Fidelity Brokerage Services, Inc. ("FBSI"), a Massachusetts...Distribution Agreement • April 25th, 1997 • Empire Fidelity Investments Variable Annuity Account A
EXHIBIT 3(a) DISTRIBUTION AGREEMENT This agreement dated as of October 1, 1991 (the "Agreement"), among Empire Fidelity Investments Life Insurance Company ("EFILI"), a New York corporation, Fidelity Brokerage Services, Inc. ("FBSI"), a Massachusetts corporation and Fidelity Insurance Agency ("FIA"), a Massachusetts company: WITNESSETH: In consideration of the mutual covenants and conditions herein contained EFILI, FBSI and FIA agree as follows: A. Definitions (1) "Contracts" shall mean the variable life insurance policies and the variable annuity contracts which EFILI issues and can use a Variable Account as hereinafter defined, and for which FBSI, a registered broker-dealer, has been appointed the principal underwriter; (2) "Fund" shall mean a registered investment company under the 1940 Act, as shown on Schedule A hereto, which is incorporated herein by this reference as said schedule may be amended from time to time by written agreement of all parties hereto. (3) "1933 Act" shall me
EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY NEW YORK, NEW YORK DEFERRED VARIABLE ANNUITYDeferred Variable Annuity • July 6th, 2007 • Empire Fidelity Investments Variable Annuity Account A
This Contract has been issued in consideration of the Single Purchase Payment. We assess daily Mortality and Expense Risk Charges at annual rates of [0.85%] against the assets of a Contract issued with a single Annuitant and [1.00%] against the assets of a Contract issued with joint Annuitants. In addition, a daily Administrative Charge at an annual rate of 0.25% is charged against the assets of each Contract.
EXHIBIT 4(a) EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY 200 Liberty Street, Tower A One World Financial Center NEW YORK, NEW YORK 10281 VARIABLE ANNUITY Flexible Purchase Payment Annuity with Variable and Guaranteed Accounts Nonparticipating...Variable Annuity Contract • April 25th, 1997 • Empire Fidelity Investments Variable Annuity Account A
EXHIBIT 8(b) ADMINISTRATIVE SERVICES AGREEMENT This Administrative Services Agreement (this "Agreement") is made effective as of 12:01 a.m., Eastern Standard Time, on the 10th day of March, 1992, ("Effective Date"), between Fidelity Investments Life...Administrative Services Agreement • April 25th, 1997 • Empire Fidelity Investments Variable Annuity Account A • New York
EXHIBIT 8(b) ADMINISTRATIVE SERVICES AGREEMENT This Administrative Services Agreement (this "Agreement") is made effective as of 12:01 a.m., Eastern Standard Time, on the 10th day of March, 1992, ("Effective Date"), between Fidelity Investments Life Insurance Company, a Pennsylvania corporation ("Provider") and Empire Fidelity Investments Life Insurance Company, a New York corporation ("Company"). WHEREAS, Provider has experience in the operation of life insurance business and in performing administrative services; and WHEREAS, Company desires for Provider to perform certain administrative services (collectively "services") for Company in its insurance operations and desires further to make use in its day-to-day operations of certain property, equipment, space and facilities (collectively "facilities") of Provider as Company may request; and WHEREAS, Company has executed a Commitment Agreement to the New York Insurance Department dated December 26, 1991 ("Commitment Agreement"), regard
EXHIBIT 8(c) ADMINISTRATIVE SERVICES AGREEMENT This Administrative Services Agreement (this "Agreement") is made effective as of 12:01 a.m., Eastern Standard Time, on the 10th day of March, 1992, ("Effective Date"), between Fidelity Investments...Administrative Services Agreement • April 25th, 1997 • Empire Fidelity Investments Variable Annuity Account A • New York
EXHIBIT 8(c) ADMINISTRATIVE SERVICES AGREEMENT This Administrative Services Agreement (this "Agreement") is made effective as of 12:01 a.m., Eastern Standard Time, on the 10th day of March, 1992, ("Effective Date"), between Fidelity Investments Corporate Services, a Massachusetts corporation ("Provider") Empire Fidelity Investments Life Insurance Company, a New York corporation ("Company"). WHEREAS, Provider has experience helpful to the operation of life insurance business and in performing administrative services; and WHEREAS, Company desires for Provider to perform certain administrative services (collectively "services") for Company in its insurance operations and desires further to make use in its day-to-day operations of certain property, equipment, space and facilities (collectively "facilities") of Provider as Company may request; and WHEREAS, Company has executed a Commitment Agreement to the New York Insurance Department dated December 26, 1991 ("Commitment Agreement"), regar
EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY NEW YORK, NEW YORK SINGLE PREMIUM IMMEDIATE ANNUITY INDIVIDUAL RETIREMENT ANNUITY VARIABLE INCOME NONPARTICIPATINGSingle Premium Immediate Annuity Contract • March 30th, 2006 • Empire Fidelity Investments Variable Annuity Account A
Empire Fidelity Investments Life Insurance Company agrees to pay lifetime income to the Annuitant, and to the Joint Annuitant if any, beginning with the first Annuity Income Date, and to provide the other rights and benefits of this Contract.
EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY New York, New York SINGLE PREMIUM IMMEDIATE ANNUITY VARIABLE INCOME NONPARTICIPATINGSingle Premium Immediate Annuity Contract • March 30th, 2006 • Empire Fidelity Investments Variable Annuity Account A
The dollar amount of variable annuity income payments will not decrease if the investment return of the separate account, after all expenses, from one Annuity Income Date to the next is equivalent to an effective annual rate that is greater than or equal to the Benchmark Rate of Return of 3.5%. We assess a daily Mortality and Expense Risk Charge against each Contract's assets at an annual rate of 0.50% and a daily Administration Charge against each Contract's assets at an annual rate of 0.10%.
