0001193125-18-139078 Sample Contracts

PARTICIPATION AGREEMENT AMONG MFS VARIABLE INSURANCE TRUST, MFS VARIABLE INSURANCE TRUST II, MFS VARIABLE INSURANCE TRUST III, MUTUAL OF AMERICA LIFE INSURANCE COMPANY AND MFS FUND DISTRIBUTORS, INC.
Participation Agreement • April 27th, 2018 • Mutual of America Separate Account No 3 • Massachusetts

THIS AGREEMENT, made and entered into this 1st day of May 2018, by and among MFS VARIABLE INSURANCE TRUST, a Massachusetts business trust (“Trust I”); MFS VARIABLE INSURANCE TRUST II, a Massachusetts business trust (“Trust II”); MFS VARIABLE INSURANCE TRUST III, a Delaware statutory trust (“Trust III”) (Trust I, Trust II and Trust III each referred to, individually, as the “Trust” and, collectively, as the “Trusts”); Mutual of America Life Insurance Company, a New York 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 hereto, as may be amended from time to time (the “Accounts”); and MFS Fund Distributors, Inc., a Delaware corporation (“MFD”).

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AMENDMENT TO AMENDED and RESTATED PARTICIPATION AGREEMENTS
Mutual of America Separate Account No 3 • April 27th, 2018

This AMENDMENT TO AMENDED AND RESTATED PARTICIPATION AGREEMENTS dated as of February 28, 2001, by and among SCUDDER VARIABLE LIFE INVESTMENT FUND (now known as “DWS VARIABLE SERIES I”) (“Fund”) the principal underwriter of which is DWS SCUDDER DISTRIBUTORS, INC. (“Sponsor”) and MUTUAL OF AMERICA LIFE INSURANCE COMPANY and THE AMERICAN LIFE INSURANCE COMPANY of NEW YORK [now known as Wilton Reassurance Life Company of New York] (“Company”) with an effective date of October 1, 2007.

SHAREHOLDER INFORMATION AGREEMENT
Shareholder Information Agreement • April 27th, 2018 • Mutual of America Separate Account No 3

THIS AGREEMENT (the “Agreement”) is made and entered into as of April 15, 2007, or such other compliance date mandated by Rule 22c-2 under the Investment Company Act of 1940 (“Rule 22c- 2”), whichever is later, by and between AMERICAN CENTURY INVESTMENT SERVICES, INC. (“ACIS”), and the party signing below (“Intermediary”) with an effective date of October 15, 2007.

AMENDMENT NO. 6 TO FUND PARTICIPATION AGREEMENT - SEPARATE ACCOUNT NO. 2 AND NO. 3
Fund Participation Agreement • April 27th, 2018 • Mutual of America Separate Account No 3

THIS AMENDMENT NO. 6 TO FUND PARTICIPATION AGREEMENT – SEPARATE ACCOUNT NO. 2 AND ACCOUNT NO. 3 (the “Amendment”) is effective as of the 1st day of October, 2017, by and among MUTUAL OF AMERICA LIFE INSURANCE COMPANY (“Mutual” or the “Company’’), AMERICAN CENTURY VARIABLE PORTFOLIOS, INC. (“ACVP”), the investment adviser, AMERICAN CENTURY INVESTMENT MANAGEMENT, INC. (“ACIM”), the distributor, AMERICAN CENTURY INVESTMENT SERVICES, INC., (the “Distributor”), and the transfer agent AMERICAN CENTURY SERVICES, LLC (together with the Distributor, “American Century’’). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement (defined below).

MFS Investment Management 111 Huntington Avenue Boston, Massachusetts 02199 T +1 617 954 5000
Letter Agreement • April 27th, 2018 • Mutual of America Separate Account No 3
RULE 22c-2 SHAREHOLDER INFORMATION AGREEMENT
Shareholder Information Agreement • April 27th, 2018 • Mutual of America Separate Account No 3

This Agreement entered into by and between MFS Fund Distributors, Inc. (“MFD”) and Mutual Of America Life Insurance Company (“Intermediary”) with an effective date of May 1st, 2018.

Information Sharing Agreement Pursuant to SEC Rule 22c-2
Information Sharing Agreement • April 27th, 2018 • Mutual of America Separate Account No 3

This Rule 22c-2 Agreement, dated as of the date set forth below and effective October 1, 2007 (the “Agreement”), is between Calvert Distributors, Inc. (“CDI”), as principal underwriter for each of the registered investment companies and their series within the Calvert Group of Funds other than any “excepted fund” as defined in Securities and Exchange Commission (“SEC”) Rule 22c-2(b) under the Investment Company Act of 1940 (each a “Fund” and, collectively, the “Funds”), and the undersigned Company (the “Company”), which may be considered a financial intermediary for purposes of Rule 22c-2 under the Investment Company Act of 1940 (“Rule 22c-2”) with respect to mutual funds distributed by CDI and serviced by Calvert Shareholder Services, Inc. (“CSSI”). This Agreement supplements and does not supersede any other agreement between CDI or CSSI and the Company, as amended from time to time, relating to the distribution and/or servicing of Shares (as defined herein) of the Funds. To the exten

Rule 22c-2 Shareholder Information Agreement Related to Variable Insurance Products
Shareholder Information Agreement • April 27th, 2018 • Mutual of America Separate Account No 3

SHAREHOLDER INFORMATION AGREEMENT entered into as of April 16, 2007 by and between the Fidelity Distributors Corporation (“Underwriter”) on behalf of the Variable Insurance Products Funds (each, a “Fund”) and Mutual of America Life Insurance Company (“the Company”) with an effective date of October 16, 2007. Prior to the effective date of this Shareholder Information Agreement, the Underwriter and the Company agree that any request made by the Underwriter for shareholder transaction information, and the Company’s response to such request, shall be governed by the practices the Company and the Underwriter have utilized in the absence of a formal agreement, if any, to govern such requests.

AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • April 27th, 2018 • Mutual of America Separate Account No 3

This AMENDMENT TO PARTICIPATION AGREEMENT dated as of March 29, 2007, by and among VANGUARD VARIABLE INSURANCE FUND (“Fund”), THE VANGUARD GROUP, INC., VANGUARD MARKETING CORPORATION (“Sponsor”) and MUTUAL OF AMERICA LIFE INSURANCE COMPANY with an effective date of October 1, 2007.

AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • April 27th, 2018 • Mutual of America Separate Account No 3

This will amend the Participation Agreements listed below (collectively, the “Agreement”) between Mutual of America Life Insurance Company (“Institution”) and Fidelity Distributors Corporation (“FDC) and is effective as of June 9, 2017. Terms used herein and not otherwise defined are used with the meaning given them in the Agreement.

Shareholder Information Agreement (Under Rule 22c-2(a) (2) of the Investment Company Act of 1940)
Shareholder Information Agreement • April 27th, 2018 • Mutual of America Separate Account No 3

This Agreement is effective as of the 16th day of April, 2007, by and between OppenheimerFunds Services (“OFS”), a division of OppenheimerFunds, Inc., OppenheimerFunds Distributor, Inc. (“Distributor”) and referred together with OFS as “Oppenheimer”, and Mutual of America Life Insurance Company as parties to the Intermediary Agreement (the “Agreement”).

SHARED FUNDING AGREEMENT
Shared Funding Agreement • April 27th, 2018 • Mutual of America Separate Account No 3

THIS SHARED FUDING AGREEMENT (“Agreement”) is made as of the 22nd day of December, 2016, by and among: Calvert Variable Series, Inc. (the “Fund”), a Maryland corporation, on its behalf and on behalf of each Portfolio (as defined below); Eaton Vance Distributors, Inc. (“EVD”); and Mutual of America Life Insurance Company (the “Company”), a New York mutual life insurance corporation, on behalf of itself and certain of its insurance company separate accounts (each an “Account” and together the “Accounts”).

AMENDMENT TO AMENDED and RESTATED PARTICIPATION AGREEMENTS
Mutual of America Separate Account No 3 • April 27th, 2018

This AMENDMENT TO AMENDED AND RESTATED PARTICIPATION AGREEMENTS dated as of February 28, 2001, by and among SCUDDER VARIABLE LIFE INVESTMENT FUND (now known as “DWS VARIABLE SERIES I”) (“Fund”) the principal underwriter of which is DWS SCUDDER DISTRIBUTORS, INC. (“Sponsor”) and MUTUAL OF AMERICA LIFE INSURANCE COMPANY and THE AMERICAN LIFE INSURANCE COMPANY of NEW YORK [now known as Wilton Reassurance Life Company of New York] (“Company”) with an effective date of October 1,2007.

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