AMENDMENT # 1 TO PARTICIPATION AGREEMENT
AMONG
PIONEER VARIABLE CONTRACTS TRUST,
FIRST SYMETRA NATIONAL LIFE INSURANCE COMPANY OF NEW YORK,
PIONEER INVESTMENT MANAGEMENT, INC.
AND
PIONEER FUNDS DISTRIBUTOR, INC.
THIS AMENDMENT, made and entered into this 22nd day of October 2012 by
and among PIONEER VARIABLE CONTRACTS TRUST, a Delaware business trust (the
"Trust"), FIRST SYMETRA NATIONAL LIFE INSURANCE COMPANY, OF NEW YORK, a New
York life 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, as may be amended from time to time (the "Accounts"), PIONEER INVESTMENT
MANAGEMENT, INC., a Delaware corporation ("PIM") and Pioneer Funds Distributor,
Inc. ("PFD"), a corporation organized under the laws of The Commonwealth of
Massachusetts. PIM and PFD are members of the UniCredit banking group,
register of banking groups.
WHEREAS, the Company, the Trust, PIM and PFD entered into a
Participation Agreement dated as of the 13th of December, 2004, as amended
(the "Fund Participation Agreement");
WHEREAS, the parties hereto agree that, except as expressly provided
herein, no term or provision of the Fund Participation Agreement shall be
deemed amended, supplemented or modified, and each term and provision of the
Fund Participation Agreement shall remain in full force and effect.
NOW THEREFORE, in consideration of the premises and the agreements
contained herein and other consideration the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree to amend the Fund
Participation Agreement as follows:
1. Schedule A of the Agreement is hereby deleted and replaced in
its entirety with the Schedule A attached hereto.
Except as expressly modified herein, all other provisions of the Fund
Participation Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
to the Fund Participation Agreement as of the date first written above.
FIRST SYMETRA NATIONAL LIFE
INSURANCE COMPANY OF NEW YORK
By its authorized officer,
By:/s/Xxxxxx X. Xxxxxxxx
Xxxxxx X. Xxxxxxxx, Executive Vice
President
Date: 10/22/12
PIONEER VARIABLE CONTRACTS TRUST,
on behalf of the Portfolios
By its authorized officer and not
individually,
By:/s/Xxxxxxxxxxx X. Xxxxxx
Xxxxxxxxxxx X. Xxxxxx, Secretary
Date: 10/22/12
PIONEER INVESTMENT MANAGEMENT, INC.
By its authorized officer,
By: /s/Xxxxx Xxxxxxx
Xxxxx Xxxxxxx, Chief Financial Officer
Date: 10/22/12
PIONEER FUNDS DISTRIBUTOR, INC.
By its authorized officer,
By: /s/Xxxxxx X. Xxxxxxxx
Xxxxxx X. Xxxxxxxx, President
Date: 10/22/12
SCHEDULE A
Accounts, Contracts and Portfolios
Subject to the Participation Agreement
Name of Separate
Account and Date Portfolios and
Established by Board of Contracts Funded Class of Shares
Directors by Separate Account Available to Contracts
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First Symetra Separate Account S Variable Annuity Pioneer Equity Income
established February 2, 1995 VCT Portfolio -
(Class I & II Shares)
Pioneer Small Cap Value
VCT Portfolio
(Class I & II Shares)
Pioneer Emerging Markets
VCT Portfolio
(Class I &II Shares)
Pioneer Strategic
Income VCT Portfolio
(Class I & II Shares)
Pioneer High Yield VCT
Portfolio
(Class I & II Shares)
Pioneer Growth
Opportunities VCT
Portfolio (Class I
Shares)
Pioneer Fund VCT
Portfolio
(Class I Shares )
Pioneer Mid Cap Value
VCT Portfolio (Class I
& II Shares)
Pioneer Bond VCT
Portfolio (Class I
Shares)
Pioneer Money Market
VCT Portfolio
(Class I Shares)
Pioneer Small Cap
Value II VCT Portfolio
(Class I Shares)
Pioneer Real Estate
VCT Portfolio
(Class I & II Shares)
