0000821051-06-000008 Sample Contracts

FUND PARTICIPATION AGREEMENT
Fund 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").

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