0001104659-13-034228 Sample Contracts

PARTICIPATION AGREEMENT Among and MUTUAL OF AMERICA LIFE INSURANCE COMPANY
Participation Agreement • April 29th, 2013 • Mutual of America Separate Account No 3

THIS AGREEMENT, made and entered into as of this 11th day of April, 2013 by and among Mutual of America Life Insurance Company (hereinafter, the “Company”), a New York 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”), and the undersigned funds, each, a corporation organized under the laws of Maryland (each hereinafter referred to as the “Fund”) and T. Rowe Price Investment Services, Inc. (hereinafter the “Underwriter”), a Maryland corporation.

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AMENDED AND RESTATED PARTICIPATION AGREEMENT Among VANGUARD VARIABLE INSURANCE FUND and THE VANGUARD GROUP, INC. and VANGUARD MARKETING CORPORATION and MUTUAL OF AMERICA LIFE INSURANCE COMPANY
Participation Agreement • April 29th, 2013 • Mutual of America Separate Account No 3 • New York

THIS AGREEMENT, made and entered into as of the 17th day of October 2012, by and among VANGUARD VARIABLE INSURANCE FUND (hereinafter the “Fund”), a Delaware business trust, THE VANGUARD GROUP, INC. (hereinafter the “Sponsor”), a Pennsylvania corporation, VANGUARD MARKETING CORPORATION (hereinafter the “Distributor”), a Pennsylvania corporation, and MUTUAL OF AMERICA 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 named in Schedule A hereto as may be amended from time to time (each such account hereinafter referred to as the “Account”).

FUND PARTICIPATION AND SERVICE AGREEMENT
Fund Participation and Service Agreement • April 29th, 2013 • Mutual of America Separate Account No 3 • New York

Mutual of America Life Insurance Company (“Insurance Company”), for itself and on behalf of one or more separate accounts of the Insurance Company (“Separate Accounts”), American Funds Distributors, Inc. (“AFD”), American Funds Service Company (“Transfer Agent”), Capital Research and Management Company (“CRMC”), and the American Funds Insurance Series (the “Series”), an open-end investment company for which AFD, CRMC and Transfer Agent provide services and which is divided into funds (hereinafter collectively called the “Funds” and, individually, a “Fund”), for good and valuable consideration, hereby agree on this 10th day of April 2013, that Class 1 shares of the Funds (“Class 1 Shares” or the “shares”) shall be made available to serve as underlying investment media for certain variable annuity contracts (hereinafter called “Contract(s)”; holders of such Contracts hereinafter called “Contractholder(s)”) to be offered by the Insurance Company subject to the following provisions:

PARTICIPATION AGREEMENT Among MUTUAL OF AMERICA LIFE INSURANCE COMPANY, PIMCO VARIABLE INSURANCE TRUST, PIMCO EQUITY SERIES VIT, and PIMCO INVESTMENTS LLC
Participation Agreement • April 29th, 2013 • Mutual of America Separate Account No 3 • New York

THIS AGREEMENT, dated as of the 11th day of April 2013 by and among Mutual of America Life Insurance Company, (the “Company”), a New York 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 individually and collectively as the “Account”), PIMCO Variable Insurance Trust and PIMCO Equity Series VIT (each a “Fund” and together the “Funds”), each a Delaware statutory trust, and PIMCO Investments LLC (the “Underwriter”), a Delaware limited liability company.

AMENDMENT REGARDING INSURANCE COMPANY PRINTING/DISTRIBUTION OF FUND MATERIALS
Fund Participation Agreement • April 29th, 2013 • Mutual of America Separate Account No 3

THIS AMENDMENT (“Amendment”) is effective January 1, 2012, by and between MUTUAL OF AMERICA LIFE INSURANCE COMPANY (the “Company”), AMERICAN CENTURY INVESTMENT SERVICES, INC. (“Distributor”) and AMERICAN CENTURY SERVICES, LLC (“Transfer Agent” and collectively with Distributor, “American Century”).

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