Mutual of America Separate Account No 2 Sample Contracts

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AMENDED AND RESTATED PARTICIPATION AGREEMENT Among VARIABLE INSURANCE PRODUCTS FUNDS, FIDELITY DISTRIBUTORS CORPORATION and MUTUAL OF AMERICA LIFE INSURANCE COMPANY
Participation Agreement • December 12th, 2017 • Mutual of America Separate Account No 2 • Massachusetts

THIS AMENDED AND RESTATED AGREEMENT, made and entered into as of the day of , 2005 by and among 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 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 and VARIABLE INSURANCE PRODUCTS FUND III, each an unincorporated business trust organized under the laws of the Commonwealth of Massachusetts (each referred to hereinafter as the “Fund”).

PARTICIPATION AGREEMENT
Participation Agreement • April 29th, 2005 • Mutual of America Separate Account No 2 • New York

THIS AGREEMENT, made and entered into as of the 29th day of April, 2005, 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”).

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 2 • 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”).

PARTICIPATION AGREEMENT by and among DFA INVESTMENT DIMENSIONS GROUP INC., DIMENSIONAL FUND ADVISORS LP, DFA SECURITIES LLC and MUTUAL OF AMERICA LIFE INSURANCE COMPANY
Participation Agreement • February 29th, 2024 • Mutual of America Separate Account No 2

THIS AGREEMENT, made and entered into this 9th day of May 2023, by and among Mutual of America Life Insurance Company (the “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. (the “Fund”); the Fund’s investment adviser, Dimensional Fund Advisors LP (the “Adviser”); and the Fund’s principal underwriter, DFA Securities LLC (“DFAS”) (individually, a “Party” and collectively, the “Parties”).

PARTICIPATION AGREEMENT Among OPPENHEIMER VARIABLE ACCOUNT FUNDS, OPPENHEIMERFUNDS, INC. and MUTUAL OF AMERICA LIFE INSURANCE COMPANY
Participation Agreement • November 13th, 2017 • Mutual of America Separate Account No 2 • New York

THIS AGREEMENT (the “Agreement”), made and entered into as of the 29th day of April, 2005 by and among Mutual of America Life Insurance Company (hereinafter the “Company”), on its own behalf and on behalf of each separate account of the Company named in Schedule 1 to this Agreement, as may be amended from time to time by mutual consent (hereinafter collectively the “Accounts”), Oppenheimer Variable Account Funds (hereinafter the “Fund”) and OppenheimerFunds, Inc. (hereinafter the “Adviser”).

PARTICIPATION AGREEMENT Among and MUTUAL OF AMERICA LIFE INSURANCE COMPANY
Participation Agreement • November 13th, 2017 • Mutual of America Separate Account No 2

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.

FUND PARTICIPATION AGREEMENT
Participation Agreement • April 30th, 2019 • Mutual of America Separate Account No 2 • Delaware
PARTICIPATION AGREEMENT BY AND AMONG AIM VARIABLE INSURANCE FUNDS (INVESCO VARIABLE INSURANCE FUNDS), INVESCO DISTRIBUTORS, INC., AND MUTUAL OF AMERICA LIFE INSURANCE COMPANY, ON BEHALF OF ITSELF AND ITS SEPARATE ACCOUNTS
Participation Agreement • April 29th, 2020 • Mutual of America Separate Account No 2 • Delaware

THIS AGREEMENT, made and entered into as of the 2nd day of May, 2019 (“Agreement”), by and among AIM VARIABLE INSURANCE FUNDS (INVESCO VARIABLE INSURANCE FUNDS), a Delaware Trust (“AVIF (IVIF)”), INVESCO DISTRIBUTORS, INC., a Delaware corporation (“INVESCO”), and Mutual of America Life Insurance Company, a New York life insurance company and the principal underwriter of the Contracts (“LIFE COMPANY” or “UNDERWRITER”), on behalf of itself and each of its segregated asset accounts listed in Schedule A hereto, as the parties hereto may amend from time to time (each, an “Account,” and collectively, the “Accounts”)(collectively, the “Parties”).

PARTICIPATION AGREEMENT AMONG VICTORY VARIABLE INSURANCE FUNDS, VICTORY CAPITAL MANAGEMENT INC., VICTORY CAPITAL ADVISERS, INC., AND MUTUAL OF AMERICA LIFE INSURANCE COMPANY (INSURER)
Participation Agreement • April 30th, 2019 • Mutual of America Separate Account No 2 • New York

THIS PARTICIPATION AGREEMENT is made and entered into this 5th day of April 2019, by and among Victory Variable Insurance Funds, a Delaware statutory trust (the “Trust”); Victory Capital Management Inc., a New York Corporation (the “Adviser”); for purposes of Sections 2.4, 2.9 and 5.1 and Article VIII only, Victory Capital Advisers, Inc. (“VCA”); and Mutual of America Life Insurance Company, a New York life insurance company (the “Company”) on its own behalf and on behalf of each of the segregated asset accounts of the Company set forth on Schedule A hereto, as may be amended from time to time (the “Accounts”).

FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • April 29th, 2020 • Mutual of America Separate Account No 2 • New York

THIS FUND PARTICIPATION AGREEMENT (“Agreement”) made as of the 19th day of September, 2019, by and between Calvert Variable Products, Inc. and Calvert Variable Series, Inc. (collectively, the “Corporations”), each a Maryland corporation, on its behalf and on behalf of each separate investment series thereof, whether existing as of the date above or established subsequent thereto, (each a “Portfolio” and collectively, the “Portfolios”), Eaton Vance Distributors, Inc. (the “Distributor”), and Mutual of America Life Insurance Company (the “Company”), an insurance company organized under the laws of New York.

AMENDMENT TO AMENDED and RESTATED PARTICIPATION AGREEMENTS
Mutual of America Separate Account No 2 • December 12th, 2017

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.

MUTUAL OF AMERICA LIFE INSURANCE COMPANY (hereafter called the “Company”)
Mutual of America Separate Account No 2 • April 30th, 2015

This Contract is issued in consideration of the application for this Contract and payment of the first contribution (premium). Additional contributions may be made at any time prior to the Annuity Commencement Date or the death of the Owner. Each contribution is subject to the Contributions provision of this Contract. This Contract shall take effect on the Effective Date shown in the Specifications Section of this Contract.

DISTRIBUTION AGREEMENT
Distribution Agreement • December 1st, 2020 • Mutual of America Separate Account No 2 • New York

AGREEMENT dated as of September 30, 2020, by and between Mutual of America Life Insurance Company (“Insurer”), a New York domiciled insurance company, on its behalf and on behalf of each separate account identified in Schedule 1 hereto, and Mutual of America Securities LLC (“Distributor”), a Delaware limited liability company.

SHAREHOLDER INFORMATION AGREEMENT
Shareholder Information Agreement • December 12th, 2017 • Mutual of America Separate Account No 2

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.

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
Electronic Trading Agreement • December 12th, 2017 • Mutual of America Separate Account No 2 • 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 • December 12th, 2017 • Mutual of America Separate Account No 2 • 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:

AMENDMENT NO.6 TO FUND PARTICIPATION AGREEMENT - SEPARATE ACCOUNT NO. 2 AND NO.3
Fund Participation Agreement • November 13th, 2017 • Mutual of America Separate Account No 2

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 2
AMENDMENT TO FUND PARTICIPATION AGREEMENTS
Mutual of America Separate Account No 2 • December 12th, 2017

THIS AMENDMENT TO FUND PARTICIPATION AGREEMENTS is made as of this 22nd day of December, 2004 by and among MUTUAL OF AMERICA LIFE INSURANCE COMPANY (“Mutual”), AMERICAN CENTURY VARIABLE PORTFOLIOS, INC. (“ACVP”), and the investment adviser of the Fund, AMERICAN CENTURY INVESTMENT MANAGEMENT, INC. (“ACIM”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement (defined below).

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AMENDED AND RESTATED PARTICIPATION AGREEMENT
Participation Agreement • December 12th, 2017 • Mutual of America Separate Account No 2 • Massachusetts

AMENDED AND RESTATED PARTICIPATION AGREEMENT (the “Agreement”) made by and between SCUDDER VARIABLE LIFE INVESTMENT FUND (the “Fund”), a Massachusetts business trust created under a Declaration of Trust dated March 15, 1985, as amended, with a principal place of business in Boston, Massachusetts, and MUTUAL OF AMERICA LIFE INSURANCE COMPANY, a New York corporation (the “Company”), with a principal place of business in New York, New York on behalf of each of its Separate Account No. 1, Separate Account No. 2, Separate Account No. 3 and any other separate account of the Company as designated by the Company from time to time, upon written notice to the Fund in accordance with Paragraph 8 herein (together, the “Account”).

MUTUAL OF AMERICA LIFE INSURANCE COMPANY [320 PARK AVENUE NEW YORK NY 10022-6839 · 212 224 1600]
Mutual of America Separate Account No 2 • April 30th, 2010

This Contract is issued in consideration of the application for this Contract and the payment to the Company of the contributions due hereunder. The Company agrees to pay the benefits provided under this Contract, subject to its terms and conditions.

PARTICIPATION AGREEMENT Among MUTUAL OF AMERICA LIFE INSURANCE COMPANY, PIMCO VARIABLE INSURANCE TRUST, PIMCO EQUITY SERIES VIT, and PIMCO INVESTMENTS LLC
Agreement • April 29th, 2013 • Mutual of America Separate Account No 2 • 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.

RULE 22c-2 SHAREHOLDER INFORMATION AGREEMENT
Shareholder Information Agreement • April 27th, 2018 • Mutual of America Separate Account No 2

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.

MUTUAL OF AMERICA LIFE INSURANCE COMPANY [320 PARK AVENUE NEW YORK NY 10022-6839 • 212 224 1600] (hereafter called the “Company”)
Mutual of America Separate Account No 2 • November 13th, 2017

Group annuity contract TDA-2006 between the Company and [ABC Company] is hereby amended, effective as of [January 1, 2009] [the Effective Date], as follows:

UNDERWRITING AND ADMINISTRATION AGREEMENT
Underwriting and Administration Agreement • December 12th, 2017 • Mutual of America Separate Account No 2 • New York

AGREEMENT, made this 15th day of June, 1984, by and between Mutual of America Life Insurance Company (“the Company”), a mutual life insurance company incorporated in New York, and Mutual of America Separate Account No. 2 (“Account”), a separate account of the Company established by authority of a resolution of the Board of Trustees of the Company on October 14, 1983, pursuant to Section 227 of the Insurance Law of the State of New York.

AMENDMENT REGARDING INSURANCE COMPANY PRINTING/DISTRIBUTION OF FUND MATERIALS
Mutual of America Separate Account No 2 • April 29th, 2013

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”).

AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • April 29th, 2014 • Mutual of America Separate Account No 2

Effective May 1, 2013, the Participation Agreement (the “Agreement”), dated April 11, 2013 by and among Mutual of America Life Insurance Company (“Company”), T. Rowe Price Equity Series and T. Rowe Price Investment Services, Inc. (collectively, the “Parties”) is hereby amended as follows:

Information Sharing Agreement Pursuant to SEC Rule 22c-2
Information Sharing Agreement • November 13th, 2017 • Mutual of America Separate Account No 2

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 • November 13th, 2017 • Mutual of America Separate Account No 2

SHAREHOLDER INFORMATION AGREEMENT entered into as of April16, 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.

FUND PARTICIPATION AGREEMENT SEPARATE ACCOUNT NO. 2
Fund Participation Agreement • December 12th, 2017 • Mutual of America Separate Account No 2

THIS FUND PARTICIPATION AGREEMENT (“Agreement”) is made and entered into this 30th day of December, 1988, by and among Mutual of America Life Insurance Company, a mutual life insurance company licensed under New York insurance law (“Mutual”), Investors Research Corporation, a Delaware corporation (“IRC”) and TCI Portfolios, Inc., a Maryland corporation (the “Fund”).

AMENDMENT NO. 1 PARTICIPATION AGREEMENT
Participation Agreement • February 29th, 2024 • Mutual of America Separate Account No 2

This Amendment, effective as of April 4, 2023 amends the Fund Participation and Service Agreement (the “Agreement”), dated the 10th day of April 2013, by and among Mutual of America Life Insurance Company (“Insurance Company”), 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”). All capitalized terms used herein and not otherwise defined shall have the same meaning ascribed such terms in the Agreement.

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