Separate Account No. 70 of Equitable Financial Life Insurance Co Sample Contracts

PARTICIPATION AGREEMENT Among EQUITABLE FINANCIAL LIFE INSURANCE COMPANY EQUITABLE FINANCIAL LIFE INSURANCE COMPANY OF AMERICA FUND ADVISER and DISTRIBUTOR
Participation Agreement • April 22nd, 2022 • Separate Account No. 70 • New York

THIS AGREEMENT, made and entered into as of this 7th day of January, 2022, by and among EQUITABLE FINANCIAL LIFE INSURANCE COMPANY, a New York life insurance company, and EQUITABLE FINANCIAL LIFE INSURANCE COMPANY OF AMERICA, an Arizona life insurance company (collectively, the “Company” and each, an “Insurer”) on its own behalf and on behalf of its separate accounts (the “Accounts”); PRINCIPAL VARIABLE CONTRACTS FUNDS, INC., an open-end management investment company organized under the laws of Maryland (the “Fund”); PRINCIPAL GLOBAL INVESTORS, LLC (the “Adviser”), a Delaware limited liability company; and PRINCIPAL FUNDS DISTRIBUTOR, INC. (the “Distributor”), a Washington corporation.

SEVENTH AMENDMENT TO FUND PARTICIPATION AND SERVICE AGREEMENT
Fund Participation and Service Agreement • April 23rd, 2025 • Separate Account No. 70

Equitable Financial Life Insurance Company, a New York life insurance company, and Equitable Financial Life Insurance Company of America, an Arizona life insurance company (collectively, the “Company”), Capital Client Group, Inc. (CCG, or the “Distributor”), formerly known as American Funds Distributors, Inc., American Funds Services Company (the “Transfer Agent”), Capital Research and Management Company (the “Advisor”) and the American Funds Insurance Series (the “Series”), an open-end investment company for which the Distributor, the Advisor and the Transfer Agent provide services and which is divided into funds (collectively called the “Funds” and individually, a “Fund”), entered into a certain Fund Participation and Service Agreement dated January 2, 2013 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of August 29, 2024, by and among the Company, on its own behalf and on behalf of each separate account of the Comp

ASSUMPTION REINSURANCE AGREEMENT Between EQUITABLE FINANCIAL LIFE INSURANCE COMPANY (referred to as the Ceding Company) and EQUITABLE FINANCIAL LIFE INSURANCE COMPANY OF AMERICA (referred to as the Assuming Company)
Assumption Reinsurance Agreement • April 22nd, 2024 • Separate Account No. 70

THIS ASSUMPTION REINSURANCE AGREEMENT (this “Agreement”) is made and entered into on January1, 2024 by and between Equitable Financial Life Insurance Company, a New York-domiciled insurance company (the “Ceding Company”), and Equitable Financial Life Insurance Company of America, an Arizona -domiciled insurance company (the “Assuming Company”). For purposes of this Agreement, the Ceding Company and the Assuming Company shall each be deemed a “Party” and together the “Parties.”

THIRD AMENDMENT TO PARTICIPATION AGREEMENT Regarding FUND SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALS
Participation Agreement • September 2nd, 2022 • Separate Account No. 70

Equitable Financial Life Insurance Company, a New York life insurance company, and Equitable Financial Life Insurance Company of America, an Arizona stock life insurance company (collectively “Company”), and First Trust Variable Insurance Trust (the “Fund”), a business trust organized under the laws of the Commonwealth of Massachusetts, First Trust Advisors L.P. (the “Advisor”), an Illinois limited partnership, and First Trust Portfolios L.P. (the “Distributor”), an Illinois limited partnership, entered into a certain participation agreement dated April 20, 2012 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of August 2, 2021, by and among the Company, on its own behalf and on behalf of each separate account of the Company as set forth in the Participation Agreement, as may be amended from time to time (individually and collectively the “Accounts”), the Fund, the Advisor and the Distributor (collectively, the “Parties

EQUITABLE FINANCIAL LIFE INSURANCE COMPANY INHERITED NON-QUALIFIED PAYOUT ENDORSEMENT
Inherited Non-Qualified Payout Endorsement • April 23rd, 2025 • Separate Account No. 70

When issued with this Endorsement, and as specified in the Data Pages, this Contract is offered to a beneficiary of a nonqualified deferred annuity contract in his/her capacity as beneficiary. It is intended to make the payments required after the death of the holder of a nonqualified deferred annuity contract under Section 72(s) of the Code.

THIRD AMENDMENT TO PARTICIPATION AGREEMENT Regarding TRUST SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALS
Participation Agreement • April 22nd, 2022 • Separate Account No. 70

Equitable Financial Life Insurance Company, a New York life insurance company, and Equitable Financial Life Insurance Company of America, an Arizona stock life insurance company (collectively, “Company”), Eaton Vance Variable Trust (the “Trust”), an open-end management investment company organized under the laws of Massachusetts and Eaton Vance Distributors, Inc. (the “Distributor”), a Massachusetts company, entered into a certain participation agreement dated October 7, 2013 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of March 3, 2021, by and among the Company, on its own behalf and on behalf of each separate account of the Company as set forth in the Participation Agreement, as may be amended from time to time (individually and collectively the “Accounts”), the Trust and the Distributor (collectively, the “Parties”).

AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • April 22nd, 2024 • Separate Account No. 70

You (the “Company”) have previously entered into a Participation Agreement (the “Participation Agreement”) with Putnam Variable Trust and Putnam Retail Management Limited Partnership (“PRM”). This Amendment to the Participation Agreement (the “Amendment”) hereby amends the Participation Agreement effective upon its mailing to the Company. All capitalized terms used in this Amendment and not defined herein shall have the meaning ascribed to them in the Participation Agreement.

THIRD AMENDMENT TO PARTICIPATION AGREEMENT Regarding THIRD FUND SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALS
Participation Agreement • February 3rd, 2023 • Separate Account No. 70

EQUITABLE LIFE INSURANCE COMPANY (hereinafter the “Company”), a New York life insurance company, each of VARIABLE INSURANCE PRODUCTS FUND, VARIABLE INSURANCE PRODUCTS FUND II, VARIABLE INSURANCE PRODUCTS FUND III and 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”)., and FIDELITY DISTRIBUTORS COMPANY LLC (hereinafter the “Underwriter” or “FDC”), a Massachusetts corporation, entered into a certain participation agreement dated April 16, 2010 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of January 27, 2021 by and among the Company, on its own behalf and on behalf of each separate account of the Company as set forth on Schedule A to the Participation Agreement, as may be amended from time to time (individually and collectively the “Accounts”), the Fu

Amendment No. 8 To Participation Agreement by and among Franklin Templeton Variable Insurance Products Trust Franklin Distributors, LLC Equitable Financial Life Insurance Company Equitable Financial Life Insurance Company of America Equitable...
Participation Agreement • February 7th, 2024 • Separate Account No. 70

Franklin Templeton Variable Insurance Products Trust (the “Trust”), Franklin Distributors, LLC (formerly known as Franklin/Templeton Distributors, Inc.) (the “Underwriter”), Equitable Financial Life Insurance Company, Equitable Financial Life Insurance Company of America, and its distributor Equitable Distributors, LLC (collectively, the “Company” or “your”), on your behalf and on behalf of certain Accounts, (individually a “Party”, collectively, the “Parties”) have previously entered into a Participation Agreement dated July 1, 2005, as amended (the “Agreement”). The Parties now desire to amend the Agreement by this amendment (the “Amendment”). Unless otherwise indicated, the terms defined in the Agreement shall have the same meaning in this Amendment.

TENTH AMENDMENT TO FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • February 3rd, 2023 • Separate Account No. 70

Equitable Financial Life Insurance Company, a New York life insurance company, and Equitable Financial Life Insurance Company of America, an Arizona stock life insurance company (collectively “Company”), Ivy Variable Insurance Portfolios (the “Fund”), a Delaware statutory trust and Delaware Distributors, L.P. (the “Distributor”), are parties to a fund participation agreement dated October 23, 2009, as amended (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of October 11, 2022, by and among the Company, on its own behalf and on behalf of each separate account of the Company as set forth in the Participation Agreement, as may be amended from time to time (individually and collectively the “Accounts”), the Fund and the Distributor (collectively, the “Parties”).

AMENDMENT NO. 21 SECOND AMENDED AND RESTATED PARTICIPATION AGREEMENT
Participation Agreement • February 7th, 2024 • Separate Account No. 70

Amendment No. 21, dated as of July 31, 2023 (“Amendment No. 21”), to the Second Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), Equitable Financial Life Insurance Company, Equitable Investment Management Group, LLC and Equitable Distributors, LLC (collectively, the “Parties”).

TENTH AMENDMENT TO FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • February 3rd, 2023 • Separate Account No. 70

Equitable Financial Life Insurance Company, a New York life insurance company, and Equitable Financial Life Insurance Company of America, an Arizona stock life insurance company (collectively “Company”), Ivy Variable Insurance Portfolios (the “Fund”), a Delaware statutory trust and Delaware Distributors, L.P. (the “Distributor”), are parties to a fund participation agreement dated October 23, 2009, as amended (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of October 11, 2022, by and among the Company, on its own behalf and on behalf of each separate account of the Company as set forth in the Participation Agreement, as may be amended from time to time (individually and collectively the “Accounts”), the Fund and the Distributor (collectively, the “Parties”).

EQUITABLE FINANCIAL LIFE INSURANCE COMPANY INHERITED NON-QUALIFIED PAYOUT ENDORSEMENT
Inherited Non-Qualified Payout Endorsement • April 23rd, 2025 • Separate Account No. 70

When issued with this Endorsement, and as specified in the Data Pages, this Contract is offered to a beneficiary of a nonqualified deferred annuity contract in his/her capacity as beneficiary. It is intended to make the payments required after the death of the holder of a nonqualified deferred annuity contract under Section 72(s) of the Code.

EQUITABLE FINANCIAL LIFE INSURANCE COMPANY INHERITED NON-QUALIFIED PAYOUT ENDORSEMENT
Inherited Non-Qualified Payout Endorsement • December 21st, 2020 • Separate Account No. 70 of Equitable Financial Life Insurance Co

When issued with this Endorsement, and as specified in the Data Pages, this Contract is offered to a beneficiary of a nonqualified deferred annuity contract in his/her capacity as beneficiary. It is intended to make the payments required after the death of the holder of a nonqualified deferred annuity contract under Section 72(s) of the Code.