EXHIBIT (8)(d)(5) AMENDED AND RESTATED PARTICIPATION AGREEMENT (FIDELITY - III)Participation Agreement • April 28th, 2014 • Separate Account Va Bny • 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”).
