TFLIC Separate Account VNY Sample Contracts

Amended and Restated Participation Agreement (Fidelity)
Participation Agreement • April 21st, 2014 • TFLIC Separate Account VNY • Massachusetts

THIS AMENDED AND RESTATED AGREEMENT, made and entered into as of the 28th day of February , 2014 by and among TRANSAMERICA FINANCIAL 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 set forth on Schedule A hereto as may be amended from time to time (each such account hereinafter referred to as the “Account”); and FIDELITY DISTRIBUTORS CORPORATION (hereinafter the “Underwriter”), a Massachusetts corporation; and each of VARIABLE INSURANCE PRODUCTS FUND, VARIABLE INSURANCE PRODUCTS FUND II, VARIABLE INSURANCE PRODUCTS FUND III, VARIABLE INSURANCE PRODUCTS FUND IV and VARIABLE INSURANCE PRODUCTS FUND V each an unincorporated business trust organized under the laws of the Commonwealth of Massachusetts (each referred to hereinafter as the “Fund”).

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EXHIBIT (8)(k) PARTICIPATION AGREEMENT (VANGUARD)
Participation Agreement • April 27th, 2007 • TFLIC Separate Account VNY • New York

THIS PARTICIPATION AGREEMENT, made and entered into as of the 28th day of March, 2006, 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 TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY (hereinafter the “Company”), a New York corporation, on its own behalf and on behalf of each separate 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”).

EXHIBIT (8)(d) PARTICIPATION AGREEMENT (DFA)
Participation Agreement • July 1st, 2005 • TFLIC Separate Account VNY • California

THIS AGREEMENT, made and entered into this 31st day of January, 2005, by and among Transamerica Financial Life Insurance Company (“Company”), on its own behalf and on behalf of segregated asset accounts of the Company that may be established from time to time (individually, an “Account” and collectively, the “Accounts”); DFA Investment Dimensions Group Inc. (“Fund”); the Fund’s investment adviser, Dimensional Fund Advisors Inc. (“Adviser”); and DFA Securities Inc. (“DFAS”) (individually, a “Party” and collectively, the “Parties”).

Participation Agreement (TST)
Participation Agreement • April 25th, 2013 • TFLIC Separate Account VNY • Delaware

THIS AGREEMENT, made and effective as of May 1, 2013, by and among Transamerica Life Insurance Company, Transamerica Financial Life Insurance Company, Monumental Life Insurance Company, Western Reserve Life Assurance Co. of Ohio, severally and not jointly, (hereinafter, each, the “Insurance Company”), a corporation, on its own behalf and on behalf of each segregated asset account of the Insurance Company set forth on Schedule A hereto, as may be revised from time to time, (each such account hereinafter referred to as the “Account”) and Transamerica Series Trust (the “Trust”).

EXHIBIT (8)(g) PARTICIPATION AGREEMENT (GARTMORE)
Participation Agreement • July 1st, 2005 • TFLIC Separate Account VNY • New York

THIS AGREEMENT, made and entered into as of the 1st day of May, 2005 by and among TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY, (hereinafter the “Company”), a New York 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 such account hereinafter referred to as the “Account”), and the GARTMORE VARIABLE INSURANCE TRUST, a statutory trust organized under the laws of Delaware (hereinafter the “Trust”) and GARTMORE DISTRIBUTION SERVICES, INC., (hereinafter the “Underwriter”), a Delaware corporation.

EXHIBIT (8)(i) PARTICIPATION AGREEMENT (STEINROE)
Participation Agreement • April 27th, 2007 • TFLIC Separate Account VNY • Massachusetts

THIS AGREEMENT, made and entered into this 1st day of July, 2005 (the “Agreement”) by and among Transamerica Financial Life Insurance 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 separate account referred to as the “Separate Account” and collectively as the “Separate Accounts”); SteinRoe Variable Investment Trust, an open-end management investment company organized as a business trust under the laws of the Commonwealth of Massachusetts (the “Trust”); Columbia Management Advisors, Inc., a corporation organized under the laws of the State of Oregon and investment adviser to the Trust (the “Adviser”); and Columbia Funds Distributor, Inc., a corporation organized under the laws of the Commonwealth of Massachusetts and principal underwriter/distributor of the Trust (the “Distributor”).

EXHIBIT (8)(j) PARTICIPATION AGREEMENT (WELLS FARGO)
Participation Agreement • April 27th, 2007 • TFLIC Separate Account VNY • New York

THIS AGREEMENT, effective this 8th day of April, 2005 by and between WELLS FARGO VARIABLE TRUST, an unincorporated business trust formed under the laws of Delaware (the “Trust”), WELLS FARGO FUNDS DISTRIBUTOR, LLC, a Delaware limited liability company (the “Distributor”), and TRANSAMERICA FINANCIAL 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.

AMENDMENT NO. 44 TO PARTICIPATION AGREEMENT (TST)
Monumental Life Insurance Company • April 27th, 2011 • TFLIC Separate Account VNY

The Participation Agreement, dated July 1, 1992, as amended (“Agreement”) among Transamerica Series Trust (the “Fund”), Transamerica Life Insurance Company (“Transamerica”), Transamerica Financial Life Insurance Company (“TFLIC”), and Monumental Life Insurance Company (“Monumental”), (herein collectively, “the Companies”), is hereby amended as follows:

EXHIBIT (8)(a)(8) AMENDMENT NO. 42 TO PARTICIPATION AGREEMENT (TST)
Monumental Life Insurance Company • April 29th, 2010 • TFLIC Separate Account VNY

The Participation Agreement, dated July 1, 1992, as amended (“Agreement”) among Transamerica Series Trust (the “Fund”), Transamerica Life Insurance Company (“Transamerica”), Transamerica Financial Life Insurance Company (“TFLIC”), and Monumental Life Insurance Company (“Monumental”) is hereby amended as follows:

EXHIBIT (8)(a)(6) AMENDMENT NO. 36 TO PARTICIPATION AGREEMENT (TST)
Participation Agreement • April 29th, 2008 • TFLIC Separate Account VNY

The Participation Agreement, dated July 1, 1992, as amended (“Agreement”) among Transamerica Series Trust (the “Fund”), Transamerica Life Insurance Company (“Transamerica”), Transamerica Financial Life Insurance Company (“TFLIC”), Monumental Life Insurance Company (“Monumental”), and Transamerica Occidental Life Insurance Company (“TOLIC”) is hereby amended as follows:

Amendment No. 2 to Participation Agreement (TST)
Participation Agreement • April 30th, 2015 • TFLIC Separate Account VNY

THIS AMENDMENT, made and effective as of November 10, 2014, by and among, Transamerica Life Insurance Company, Transamerica Financial Life Insurance Company, Transamerica Premier Life Insurance Company (formerly Monumental Life Insurance Company and Western Reserve Life Assurance Co. of Ohio), severally and not jointly, (hereinafter, each, the “Insurance Company”), a corporation, on its own behalf and on behalf of each segregated asset account of the Insurance Company and Transamerica Series Trust (the “Trust”).

EXHIBIT (8)(f) FUND PARTICIPATION AGREEMENT (FEDERATED)
Fund Participation Agreement • July 1st, 2005 • TFLIC Separate Account VNY • Pennsylvania

This AGREEMENT is made this 1st day of May, 2004, by and between Transamerica Financial Life Insurance Company (the “Insurer”), a life insurance company domiciled in New York, on its behalf and on behalf of the segregated asset accounts of the Insurer listed on Exhibit A to this Agreement (the “Separate Accounts”); Insurance Series (the “Fund”), a Massachusetts business trust; and Federated Securities Corp. (the “Distributor”), a Pennsylvania corporation.

Participation Agreement (Federated)
Participation Agreement • April 25th, 2012 • TFLIC Separate Account VNY • Pennsylvania

Assume that the total fund expense is 100 basis points. Of such 100 basis points, Federated retains 40 basis points and pays out 60 basis points to clients. As a result, the pro-rata ratio is 40/60. With respect to a particular month’s waiver, if the waiver was 10 basis points, then the 40/60 split would be applied such that Federated’s share of the waiver would be 4 basis points and the clients (in total) would realize a 6 basis point waiver for that month. This calculation is done by considering the total amount retained by Federated and the total amount paid to all clients; the calculation is not done on a client by client basis.

Participation Agreement between TLIC, TFLIC, Monumental, TOLIC and Columbia
Participation Agreement • April 25th, 2012 • TFLIC Separate Account VNY • Massachusetts

THIS PARTICIPATION AGREEMENT (“Agreement”), made and entered into as of this 1ST day of May, 2007, between Transamerica Life Insurance Company, a life insurance company organized under the laws of the State of Iowa; Transamerica Financial Life Insurance Company, a New York life insurance company; Peoples Benefit Life Insurance Company, an Iowa stock life insurance company, Transamerica Occidental Life Insurance Company, a life insurance company organized under the laws of the State of Iowa (each as the “Insurance Company”), on its own behalf and on behalf of its separate accounts (the “Accounts”); and Columbia Funds VARIABLE INSURANCE TRUST, an open-end management investment company organized under the laws of the State of Massachusetts (the “Fund”), COLUMBIA MANAGEMENT ADVISORS, LLC (the “Adviser”), a Delaware limited liability corporation, and COLUMBIA MANAGEMENT DISTRIBUTORS, INC. (the “Distributor”), a Massachusetts corporation.

Summary Prospectus Agreement (Fidelity)
Summary Prospectus Agreement • April 25th, 2012 • TFLIC Separate Account VNY

This Summary Prospectus Agreement between Fidelity Distributors Corporation (the “Underwriter”) and Transamerica Financial Life Insurance Company (“Insurance Company”), is effective this 1st day of May, 2011.

EXHIBIT (3)(a)(2) AMENDMENT NO. 2 AND NOVATION TO THE AMENDED AND RESTATED PRINCIPAL UNDERWRITING AGREEMENT
Principal Underwriting Agreement • April 27th, 2007 • TFLIC Separate Account VNY

Amendment to the Amended and Restated Principal Underwriting Agreement, dated as of January 25, 2005, by and between AFSG Securities Corporation (“AFSG”) and Transamerica Financial Life Insurance Company (“TFLIC”) (the “Agreement”).

AMENDED AND RESTATED PRINCIPAL UNDERWRITING AGREEMENT
Principal Underwriting Agreement • April 25th, 2013 • TFLIC Separate Account VNY • New York

THIS AMENDED AND RESTATED PRINCIPAL UNDERWRITING AGREEMENT (the “Agreement”) made and effective as of the 1st day of January, 2013 (the “Effective Date), by and between TRANSAMERICA CAPITAL, INC. (“TCI”), a California corporation, and Transamerica Financial Life Insurance Company (“TFLIC”), a New York Corporation.

AMENDMENT NO. 8 TO PARTICIPATION AGREEMENT
Participation Agreement • April 25th, 2012 • TFLIC Separate Account VNY

Transamerica Financial Life Insurance Company (formerly, AUSA Life Insurance Company, Inc.), Variable Insurance Products Fund, Variable Insurance Products Fund V, and Fidelity Distributors Corporation hereby amend the Participation Agreement (“Agreement”) dated August 31, 2000 by doing the following:

AMENDMENT NO. 2 TO PARTICIPATION AGREEMENT AMONG NATIONWIDE VARIABLE INSURANCE TRUST, NATIONWIDE FUND DISTRIBUTORS, LLC, AND TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY
Participation Agreement • April 25th, 2012 • TFLIC Separate Account VNY

The Participation Agreement, dated May 1, 2005 (the “Agreement”) among Transamerica Financial Life Insurance Company (the “Company”), Nationwide Variable Insurance Trust (formerly, Gartmore Variable Insurance Trust) (the “Trust”), and Nationwide Fund Distributors LLC (formerly, Gartmore Distribution Services, Inc.) is hereby amended as follows:

EXHIBIT (3)(a) AMENDED AND RESTATED PRINCIPAL UNDERWRITING AGREEMENT
Principal Underwriting Agreement • July 1st, 2005 • TFLIC Separate Account VNY • New York

THIS AMENDED AND RESTATED PRINCIPAL UNDERWRITING AGREEMENT made and effective as of the 25th day of January, 2005, by and between AFSG SECURITIES CORPORATION (“AFSG”), a Pennsylvania corporation, and Transamerica Financial Life Insurance Company (“TFLIC”), a New York Corporation, (TFLIC is the surviving company of the merger of Transamerica Life Insurance Company of New York into AUSA Life Insurance Company, Inc. effective April 1, 2003), on and on its own behalf and on behalf the separate investment accounts of TFLIC set forth in Exhibit A attached hereto and made a part hereof (collectively, the “Account(s)”).

Amendment No. 5 to Participation Agreement (Columbia)
Participation Agreement • April 28th, 2016 • TFLIC Separate Account VNY

Amendment No. 5 dated as of June 1, 2015 to the Participation Agreement (the “Agreement”), dated as of May 1, 2007, between TRANSAMERICA LIFE INSURANCE COMPANY; TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY; TRANSAMERICA PREMIER LIFE INSURANCE COMPANY (each as the “Insurance Company”), on its own behalf and on behalf of its separate accounts (the “Accounts”); COLUMBIA FUNDS VARIABLE INSURANCE TRUST (the “Fund”); COLUMBIA MANAGEMENT INVESTMENT ADVISERS, LLC (the “Adviser”), as assignee of Columbia Management Advisors, LLC; and COLUMBIA MANAGEMENT INVESTMENT DISTRIBUTORS, INC. (the “Distributor”), as assignee of Columbia Management Distributors, Inc.

AMENDMENT NO. 11 TO THE FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • April 25th, 2012 • TFLIC Separate Account VNY

This Amendment is to the Fund Participation Agreement dated May 1, 2001, as amended, (“Agreement”) between Transamerica Life Insurance Company, Monumental Life Insurance Company, Transamerica Financial Life Insurance Company, life insurance companies organized under the laws of the State of New York (each, “Insurance Company”), on behalf of themselves and on behalf of the Separate Accounts listed on Exhibit A of the Agreement, Dreyfus Variable Investment Fund, Dreyfus Investment Portfolios, The Dreyfus Socially Responsible Growth Fund, Inc. and the Dreyfus Stock Index Fund, Inc. (each as the “Fund”) (the “Agreement”). All capitalized terms used herein and not otherwise defined shall have the meaning ascribed to such term in the Agreement.

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AMENDMENT OF AGREEMENTS
TFLIC Separate Account VNY • April 25th, 2012

This amendment (the Amendment) to the agreements (individually, the “Agreement, collectively, the “Agreements) identified in Attachment A, attached hereto, is effective as of March 1st 2012.

AMENDMENT OF AGREEMENTS
Participation Agreement • April 25th, 2013 • TFLIC Separate Account VNY

This amendment (the Amendment) to the agreements (individually, the “Agreement, collectively, the “Agreements) identified in Attachment A, attached hereto, is effective as of February 24, 2012.

AMENDMENT OF AGREEMENTS
Participation Agreement • April 25th, 2013 • TFLIC Separate Account VNY

This amendment (the Amendment) to the agreements (individually, the “Agreement, collectively, the “Agreements) identified in Attachment A, attached hereto, is effective as of March 1st 2012.

EXHIBIT (8)(e)(1) AMENDMENT NO. 6 TO THE FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • July 1st, 2005 • TFLIC Separate Account VNY

Amendment No. 6 to the Fund Participation Agreement, dated as of May 1, 2001, between Transamerica Life Insurance Company, a life insurance company organized under the laws of the State of Iowa; Peoples Benefit Life Insurance Company, an Iowa stock life insurance company; Transamerica Life Insurance and Annuity Company, a life insurance company organized under the laws of the State of North Carolina; Transamerica Occidental Life Insurance Company, an Iowa stock life insurance company; Transamerica Financial Life Insurance Company (formerly known as AUSA Life Insurance Company, Inc. and Transamerica Life Insurance Company of New York), life insurance companies organized under the laws of the State of New York; (each as the “Insurance Company”), and Dreyfus Variable Investment Fund, Dreyfus Investment Portfolios, The Dreyfus Socially Responsible Growth Fund, Inc. and the Dreyfus Life and Annuity Index Fund, Inc. (d.b.a. Dreyfus Stock Index Fund, Inc.) (each as the “Fund”).

AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT (WELLS FARGO)
Participation Agreement • April 27th, 2011 • TFLIC Separate Account VNY

Amendment No. 1 dated as of July 16, 2010 to the Participation Agreement (the “Agreement”), effective April 8, 2005, between WELLS FARGO VARIABLE TRUST (the “Trust”); WELLS FARGO FUNDS DISTRIBUTOR, LLC (the “Distributor”); and TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY (the “Company”).

EXHIBIT (4)(a) FORM OF POLICY
TFLIC Separate Account VNY • July 1st, 2005 • Iowa

This contract permits the accumulation of funds on a tax–deferred basis and provides a periodic annuity payment for the life of the annuitant or for a certain period of time payments start on the annuity commencement date.

EXHIBIT (8)(f)(1) AMENDMENT TO FUND PARTICIPATION AGREEMENT (FEDERATED)
Fund Participation Agreement • July 1st, 2005 • TFLIC Separate Account VNY

For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree to amend the May 1, 2004 Fund Participation Agreement (the “Agreement”) among Federated Securities Corp., Federated Insurance Series (the “Funds”), and Transamerica Financial Life Insurance Company as follows, effective as of May 1, 2005:

Amendment No. 3 to Participation Agreement (Nationwide)
Participation Agreement • April 21st, 2014 • TFLIC Separate Account VNY

The Participation Agreement, dated May 1, 2005, as amended June 24, 2009, and as further amended March 1, 2012 (the “Agreement”), among Transamerica Financial Life Insurance Company (the “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 revised from time to time (the “Account”); and Nationwide Variable Insurance Trust (the “Trust”); and Nationwide Fund Distributors LLC (the “Underwriter”), is hereby amended on this 1st day of May, 2013, as follows:

AMENDMENT NO. 14 TO THE FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • April 26th, 2017 • TFLIC Separate Account VNY

This Amendment is to the Fund Participation Agreement dated May 1, 2001, as amended, (“Agreement”) between Transamerica Life Insurance Company, Transamerica Premier Life Insurance Company (formerly, “Monumental Life Insurance Company”), Transamerica Financial Life Insurance Company (each, “Insurance Company”), on behalf of themselves and on behalf of the Separate Accounts listed on Exhibit A of the Agreement, Dreyfus Variable Investment Fund, Dreyfus Investment Portfolios, The Dreyfus Socially Responsible Growth Fund, Inc. and the Dreyfus Stock Index Fund, Inc. (each as the “Fund”). All capitalized terms used herein and not otherwise defined shall have the meaning ascribed to such terms in the Agreement.

AMENDMENT NO. 6 TO PARTICIPATION AGREEMENT
Participation Agreement • April 25th, 2012 • TFLIC Separate Account VNY

Transamerica Financial Life Insurance Company (formerly, AUSA Life Insurance Company, Inc.), Variable Insurance Products Fund II and Fidelity Distributors Corporation hereby amend the Participation Agreement (“Agreement”) dated August 31, 2000, by doing the following:

Amendment No. 3 to Participation Agreement (Columbia Funds)
Participation Agreement • April 25th, 2012 • TFLIC Separate Account VNY

Amendment No. 3 dated as of July 1, 2010 to the Participation Agreement (the “Agreement”), dated as of May 1, 2007, between TRANSAMERICA LIFE INSURANCE COMPANY; TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY; MONUMENTAL LIFE INSURANCE COMPANY (each as the “Insurance Company”), on its own behalf and on behalf of its separate accounts; COLUMBIA FUNDS VARIABLE INSURANCE TRUST (the “Fund”); COLUMBIA MANAGEMENT INVESTMENT ADVISERS, LLC (formerly known as RiverSource Investments, LLC), (the “Adviser”), as assignee of Columbia Management Advisors, LLC; and COLUMBIA MANAGEMENT INVESTMENT DISTRIBUTORS, INC. (formerly known as RiverSource Fund Distributors, Inc.) (the “Distributor”), as assignee of Columbia Management Distributors, Inc.

EXHIBIT (8)(c)(2) AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT (CREDIT SUISSE)
Participation Agreement • July 1st, 2005 • TFLIC Separate Account VNY

The Participation Agreement, dated as of August 11, 1998, by and among CREDIT SUISSE TRUST (formerly Credit Suisse Warburg Pincus Trust), CREDIT SUISSE ASSET MANAGEMENT, LLC (formerly known as Warburg Pincus Asset Management, Inc.), CREDIT SUISSE ASSET MANAGEMENT SECURITIES, INC. (formerly known as Counsellors Securities, Inc.) and AUSA LIFE INSURANCE COMPANY, INC. (formerly First Providian Life and Health Insurance Company), and restated as of June 10, 1999 (as restated, “the Agreement”), is hereby amended as follows.

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