0000878467-06-000008 Sample Contracts

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY New York, New York SINGLE PREMIUM IMMEDIATE ANNUITY VARIABLE INCOME NONPARTICIPATING
Empire Fidelity Investments Variable Annuity Account A • March 30th, 2006

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%.

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EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY NEW YORK, NEW YORK SINGLE PREMIUM IMMEDIATE ANNUITY INDIVIDUAL RETIREMENT ANNUITY VARIABLE INCOME NONPARTICIPATING
Empire Fidelity Investments Variable Annuity Account A • March 30th, 2006

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.

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