First Investors Life Variable Annuity Fund D Sample Contracts

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FUND PARTICIPATION AGREEMENT
Participation Agreement • July 8th, 2020 • First Investors Life Variable Annuity Fund D • Delaware

THIS AGREEMENT, made and entered into this 4th day of October, 2019 (the “Agreement”), by and among Foresters Life Insurance and Annuity Company, organized under the laws of the state of New York (the “Company”), on behalf of itself and each separate account of the Company named in Schedule A to this Agreement, as may be amended from time to time (each such separate account being hereinafter referred to as a “Separate Account” and, collectively, as the “Separate Accounts”); Delaware VIP® Series, an open-end management investment company organized as a statutory trust under the laws of the State of Delaware (the “Trust”); Delaware Management Company, a series of Macquarie Investment Management Business Trust, a statutory trust organized under the laws of the State of Delaware and investment adviser to the Trust (the “Adviser”); and Delaware Distributors, L.P., a limited partnership organized under the laws of the State of Delaware and principal underwriter/distributor of the Trust (the

ADMINISTRATIVE SERVICES AGREEMENT
Administrative Services Agreement • July 8th, 2020 • First Investors Life Variable Annuity Fund D • New York

THIS ADMINISTRATIVE SERVICES AGREEMENT (this “Agreement”) is entered into as of January 1, 2017, by and among Nassau Reinsurance LLC (“Nassau Re”) and The Phoenix Companies, Inc. (“PNX”), referred to herein individually each as a “Provider” and together as “Providers”, and Phoenix Life Insurance Company, a New York life insurance company (“PLIC”), sometimes referred to herein as the “Recipient”. The Providers and the Recipient shall be referred to herein individually each as a “Party” and collectively as “the Parties.”

AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • April 30th, 2021 • First Investors Life Variable Annuity Fund D

This Amendment, effective December 2, 2020, (the “Effective Date”) is made to the Participation Agreement dated January 31, 2020 by and between GOLDMAN SACHS VARIABLE INSURANCE TRUST, a statutory trust formed under the laws of Delaware (the "Trust"), GOLDMAN SACHS & CO. LLC, a New York limited partnership (the "Distributor"), and NASSAU LIFE INSURANCE COMPANY, a New York life insurance company (the "Company"), on its own behalf and on behalf of each separate account of the Company identified herein.

CONTRACT NUMBER
Annuity Contract • May 1st, 1997 • First Investors Life Variable Annuity Fund D
PRINCIPAL UNDERWRITING AND DISTRIBUTION AGREEMENT
Principal Underwriting and Distribution Agreement • April 28th, 2020 • First Investors Life Variable Annuity Fund D • New York

THIS AGREEMENT, by and between Foresters Life Insurance and Annuity Company (“FLIAC”), a New York domiciled life insurance company, and 1851 Securities, Inc. (“1851”), a Delaware corporation, shall be effective as of [April 1, 2020] (“Effective Date”).

PRINCIPAL UNDERWRITING AND DISTRIBUTION AGREEMENT
Principal Underwriting and Distribution Agreement • July 8th, 2020 • First Investors Life Variable Annuity Fund D • New York

THIS AGREEMENT, by and between Foresters Life Insurance and Annuity Company (“FLIAC”), a New York domiciled life insurance company, and 1851 Securities, Inc. (“1851”), a Delaware corporation, shall be effective as of July 1, 2020 (“Effective Date”).

UNDERWRITING AGREEMENT
Underwriting Agreement • January 31st, 2013 • First Investors Life Variable Annuity Fund D • New York

This underwriting agreement (“Agreement”) effective as January 19, 2011, and amended as of [ ], 2013 by and among FIRST INVESTORS LIFE INSURANCE COMPANY (hereinafter referred to as “FIL”); First Investors Life Variable Annuity Fund D (hereinafter referred to as “Separate Account D”), which is registered as a unit investment trust under the Investment Company Act of 1940, as amended, and FIRST INVESTORS CORPORATION (hereinafter referred to as the “Underwriter”). This Agreement replaces and supersedes all previous underwriting agreements executed among the parties referred to herein.

UNDERWRITING AGREEMENT
Underwriting Agreement • April 28th, 2011 • First Investors Life Variable Annuity Fund D • New York

This underwriting agreement (“Agreement”) is effective as January 19, 2011 by and among FIRST INVESTORS LIFE INSURANCE COMPANY (hereinafter referred to as “FIL”); First Investors Life Variable Annuity Fund D (hereinafter referred to as “Separate Account D”), which is registered as a unit investment trust under the Investment Company Act of 1940, as amended, and FIRST INVESTORS CORPORATION (hereinafter referred to as the “Underwriter”). This Agreement replaces and supersedes all previous underwriting agreements executed among the parties referred to herein.

UNDERWRITING AGREEMENT
Underwriting Agreement • May 6th, 2013 • First Investors Life Variable Annuity Fund D • New York

This underwriting agreement (“Agreement”) effective as January 19, 2011, and amended as of January 8, 2013 by and among FIRST INVESTORS LIFE INSURANCE COMPANY (hereinafter referred to as “FIL”); First Investors Life Variable Annuity Fund D (hereinafter referred to as “Separate Account D”), which is registered as a unit investment trust under the Investment Company Act of 1940, as amended, and FIRST INVESTORS CORPORATION (hereinafter referred to as the “Underwriter”). This Agreement replaces and supersedes all previous underwriting agreements executed among the parties referred to herein.

Re: First Investors Life Variable Annuity Fund Safekeeping Agreement
First Investors Life Variable Annuity Fund D • May 1st, 1997 • New York
Amendment to Underwriting Agreement
Underwriting Agreement • May 6th, 2013 • First Investors Life Variable Annuity Fund D
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