SECOND AMENDMENT TO
FIRST SYMETRA NATIONAL LIFE INSURANCE COMPANY OF NEW YORK
PARTICIPATION AGREEMENT
This Second amendment ("Amendment") is entered into as of the 13th day of
November, 2012 by and among FIRST SYMETRA NATIONAL LIFE INSURANCE COMPANY OF
NEW YORK, (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, VARIABLE INSURANCE PRODUCTS FUND III, VARIABLE INSURANCE PRODUCTS
FUND IV and VARIABLE INSURANCE PRODUCTS FUND V, each an unincorporated
business trust organized under the laws of the Commonwealth of Massachusetts
(each referred to hereinafter as the "Fund").
WHEREAS, the Parties have previously executed a Fund Participation Agreement
dated April 30, 2007 as amended (the "Agreement");
NOW THEREFORE, in consideration of the terms, covenants and conditions
contained herein and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the Parties agree to
amend the Agreement as follows:
1. Schedule A of the agreement is replaced with Schedule A attached
hereto.
To the extent possible, this Amendment and the Agreement shall be read
together. In the event of a conflict between the provisions of this Amendment
and those of the Agreement, the provisions of this Amendment shall control.
Except as expressly amended hereby, the Agreement remains in full force and
effect.
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to
be executed in its name and on its behalf by its duly authorized
representative.
FIRST SYMETRA NATIONAL LIFE INSURANCE
COMPANY OF NEW YORK
By: /s/Xxxxxx X. Xxxxxxxx
Name: Xxxxxx X. Xxxxxxxx
Its: Executive Vice President
VARIABLE INSURANCE PRODUCTS FUND,
VARIABLE INSURANCE PRODUCTS FUND II
VARIABLE INSURANCE PRODUCTS FUND III, and
VARIABLE INSURANCE PRODUCTS FUND IV
By: /s/Xxxxxx Xxxxxxxx
Name: Xxxxxx Xxxxxxxx
Their: Deputy Treasurer
FIDELITY DISTRIBUTORS CORPORATION
By: /s/Xxxxxxx Xxxxxxxx
Name: Xxxxxxx Xxxxxxxx
Title: Executive Vice President
Schedule A
Separate Accounts and Associated Contracts
Name of Separate Account and Policy Form Numbers of Contracts
Date Established by Board of Directors Funded By Separate Account
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First Symetra Separate Account S First Symetra Focus Variable Annuity
NY Spinnaker Variable Annuity
NY Spinnaker Plus Variable Annuity
First Symetra True Variable Annuity