0000950133-09-001264 Sample Contracts

GMDB Reinsurance Agreement between MLLICNY And ACE Tempest Life Reinsurance LTD.
Reinsurance Agreement • April 28th, 2009 • Ml of New York Variable Annuity Separate Account A • New York
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INVESTOR) PARTICIPATION AGREEMENT Among TRANSAMERICA SERIES TRUST TRANSAMERICA CAPITAL, INC. and
Participation Agreement • April 28th, 2009 • Ml of New York Variable Annuity Separate Account A • New York

THIS AGREEMENT, made and entered into this 1st day of September, 2008, by and among ML Life Insurance Company of New York (hereinafter the “Insurance Company”), a New York life insurance company, 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 amended from time to time (each such account hereinafter referred to as the “Account”), Transamerica Series Trust (the “Trust”) and Transamerica Capital, Inc., a California company (the “Distributor”).

Amendment No. 2 to the GMDB Reinsurance Agreement between MLLICNY and ACE Tempest Life Reinsurance LTD.
Ml of New York Variable Annuity Separate Account A • April 28th, 2009

Effective August 1, 2008, this Amendment is hereby attached to and becomes a part of the above-described Reinsurance Treaty. It is mutually agreed that the Agreement will be updated to properly reflect fund changes and endorsements. In addition, it is mutually agreed that the Agreement will be amended to clarify the reinsurer approval process for retail fee increases and the addition of new riders with asset charges.

GMIB Reinsurance Agreement between MLLICNY and ACE Tempest Life Reinsurance LTD.
Reinsurance Agreement • April 28th, 2009 • Ml of New York Variable Annuity Separate Account A • New York
Amendment No. 3 to the GMIB Reinsurance Agreement between MLLICNY and ACE Tempest Life Reinsurance LTD.
Ml of New York Variable Annuity Separate Account A • April 28th, 2009

Effective August 1, 2008, this Amendment is hereby attached to and becomes a part of the above-described Reinsurance Treaty. It is mutually agreed that the Agreement will be updated to properly reflect fund changes and endorsements. In addition, it is mutually agreed that the Agreement will be amended to clarify the reinsurer approval process for retail fee increases and the addition of new riders with asset charges. To effect these changes, the following provisions of the Agreement are hereby amended:

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