Variable Annuity Account A Sample Contracts

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AMONG
Participation Agreement • December 28th, 2012 • Variable Annuity Account A • New York
AMENDMENT 2 TO
Distribution Agreement • July 26th, 2007 • Variable Annuity Account A
ARTICLE I DEFINITIONS
Fund Participation Agreement • February 21st, 2013 • Variable Annuity Account A • New York
AMENDMENT NUMBER 1 TO PARTICIPATION AGREEMENT
Participation Agreement • April 13th, 2007 • Variable Annuity Account A

WHEREAS, First Security Benefit Life Insurance and Annuity Company of New York (the "Company"), Fidelity Distributors Corporation (the "Underwriter") and Variable Insurance Products Fund, Variable Insurance Products Fund II and Variable Insurance Products Fund III (the "Fund") are parties to a Participation Agreement dated June 28, 2002, (the "Agreement"); and

BY AND AMONG
Participation Agreement • April 28th, 2006 • Variable Annuity Account A • Delaware
BY AND AMONG
Participation Agreement • February 21st, 2013 • Variable Annuity Account A • Delaware
BETWEEN
Distribution Agreement • May 28th, 2002 • Variable Annuity Account A • New York
AMENDED AND RESTATED PARTICIPATION AGREEMENT Among VARIABLE INSURANCE PRODUCTS FUNDS, FIDELITY DISTRIBUTORS COMPANY LLC and FIRST SECURITY BENEFIT LIFE INSURANCE AND ANNUITY COMPANY OF NEW YORK
Participation Agreement • April 30th, 2020 • Variable Annuity Account A • Massachusetts

THIS AMENDED AND RESTATED AGREEMENT, made and entered into as of the 1st day of January 2020, by and among FIRST SECURITY BENEFIT LIFE INSURANCE AND ANNUITY COMPANY OF NEW YORK, (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 updated from time to time for the convenience of the parties (each such account hereinafter referred to as the “Account”); and FIDELITY DISTRIBUTORS COMPANY LLC (hereinafter the “Underwriter”), a Massachusetts corporation; and 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”).

FORM OF FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • July 19th, 2002 • Variable Annuity Account A • New York
AMENDMENT TO FUND PARTICIPATION AGREEMENT The Fund Participation Agreement dated as of the 1st day of February, 2004 between First Security Benefit Life Insurance and Annuity Company of New York, Dreyfus Investment Portfolios, Dreyfus Variable...
Fund Participation Agreement • April 13th, 2007 • Variable Annuity Account A

The Fund Participation Agreement dated as of the 1st day of February, 2004 between First Security Benefit Life Insurance and Annuity Company of New York, Dreyfus Investment Portfolios, Dreyfus Variable Investment Fund, and Dreyfus Service Corporation (the "Agreement") is hereby amended, as follows:

BETWEEN
Distribution Agreement • July 19th, 2002 • Variable Annuity Account A • New York
Participation Agreement as of April 30, 2007 Franklin Templeton Variable Insurance Products Trust Franklin/Templeton Distributors, Inc. First Security Benefit Life Insurance and Annuity Company of New York Security Distributors, Inc. CONTENTS
Participation Agreement • December 28th, 2012 • Variable Annuity Account A • California

Each Class 2 Portfolio named on Schedule C of this Agreement is eligible to receive a maximum annual payment rate of 0.25% stated as a percentage per year of that Portfolio’s Class 2 average daily net assets, pursuant to the terms and conditions referenced below under its Class 2 Rule 12b-1 Distribution Plan.

PARTICIPATION AGREEMENT
Participation Agreement • April 15th, 2011 • Variable Annuity Account A • Massachusetts

THIS AGREEMENT, dated as of the 22nd day of November, 2010, by and among FIRST SECURITY BENEFIT LIFE INSURANCE AND ANNUITY COMPANY OF NEW YORK (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 which may be updated from time to time for the convenience of the parties, (each separate account hereinafter referred to as the "Account"), DWS VARIABLE SERIES I, DWS VARIABLE SERIES II and DWS INVESTMENTS VIT FUNDS (individually, a "Fund"), each a Massachusetts business trust created under a Declaration of Trust, as amended, DWS INVESTMENTS DISTRIBUTORS, INC. (the "Underwriter"), a Delaware corporation, and DEUTSCHE INVESTMENT MANAGEMENT AMERICAS INC., a Delaware corporation (the “Adviser”). The parties agree that a single document is being used for ease of administration and that this Agreement shall be treated as if it were a separate agreement with respect to each Fund, and each s

FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • April 28th, 2017 • Variable Annuity Account A • Massachusetts

This Fund Participation Agreement (the “Agreement”), effective as of the 1st day of November, 2011, is made by and among First Security Benefit Life Insurance and Annuity Company of New York (“Company”), on its own behalf and on behalf of each segregated asset account of the Company currently in existence or hereafter created, as set forth on Schedule A hereto, which may be updated from time to time for the convenience of the parties, (each an “Account”), JPMorgan Insurance Trust (the “Trust”), the Trust’s investment advisor, J. P. Morgan Investment Management Inc. (the “Adviser”), and the Trust’s administrator, JPMorgan Funds Management, Inc. (the “Administrator”).

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PARTICIPATION AGREEMENT Among VANGUARD VARIABLE INSURANCE FUND and THE VANGUARD GROUP, INC. and VANGUARD MARKETING CORPORATION and FIRST SECURITY BENEFIT LIFE INSURANCE AND ANNUITY COMPANY OF NEW YORK
Participation Agreement • April 29th, 2016 • Variable Annuity Account A • Pennsylvania

THIS AGREEMENT, made and entered into as of the 31st day of March, 2015, 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 FIRST SECURITY BENEFIT LIFE INSURANCE AND ANNUITY COMPANY OF NEW YORK (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 updated from time to time for the convenience of the parties (each such account hereinafter referred to as the “Account”).

PARTICIPATION AGREEMENT Among First Security Benefit Life Insurance and Annuity Company of New York, Mutual Fund and Variable Insurance Trust, and
Participation Agreement • April 30th, 2018 • Variable Annuity Account A • New York

THIS AGREEMENT, dated as of the 27th day of April, 2017, by and among First Security Benefit Life Insurance and Annuity Company of New York, (the “Company”), a stock life insurance company organized under the laws of the State of Kansas, on its own behalf and on behalf of each segregated asset account of the Company currently in existence or hereafter created, as set forth on Schedule A hereto, which may be updated from time to time for the convenience of the parties, (each an “Account”), Mutual Fund and Variable Insurance Trust (the “Fund”), a Delaware business trust, and Rational Advisors, Inc. (the “Adviser”), an Ohio Corporation.

AMENDMENT NUMBER 2 TO PARTICIPATION AGREEMENT WHEREAS, First Security Benefit Life Insurance and Annuity Company of New York (the "Company"), Pimco Variable Insurance Trust (the "Fund") and Allianz Global Investors Distributors LLC (formerly PA...
Participation Agreement • April 13th, 2007 • Variable Annuity Account A

WHEREAS, First Security Benefit Life Insurance and Annuity Company of New York (the "Company"), Pimco Variable Insurance Trust (the "Fund") and Allianz Global Investors Distributors LLC (formerly PA Distributors LLC) (the "Underwriter") are parties to a Participation Agreement dated May 1, 2003 (the "Agreement"); and

AMENDED AND RESTATED PARTICIPATION AGREEMENT AMONG MFS VARIABLE INSURANCE TRUST, MFS VARIABLE INSURANCE TRUST II, FIRST SECURITY BENEFIT LIFE INSURANCE AND ANNUITY COMPANY OF NEW YORK AND MFS FUND DISTRIBUTORS, INC.
Participation Agreement • April 30th, 2018 • Variable Annuity Account A • Massachusetts

THIS AGREEMENT, made and entered into this 1st day of July 2012, by and among MFS VARIABLE INSURANCE TRUST, a Massachusetts business trust (the “Trust I”), MFS VARIABLE INSURANCE TRUST II, a Massachusetts business trust (the “Trust II”) (Trust I and Trust II each referred to, individually, as the “Trust” and, collectively, as the “Trusts”), First Security Benefit Life Insurance and Annuity Company of New York, a New York life insurance company (the “Company”), 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 FIRST SECURITY BENEFIT LIFE INSURANCE AND ANNUITY COMPANY OF NEW YORK
Participation Agreement • April 30th, 2020 • Variable Annuity Account A • Texas

THIS AGREEMENT, made and entered into this 27th day of February 2012, by and among First Security Benefit Life Insurance and Annuity Company of New York (“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 LP (“Adviser”); and DFA Securities LLC (“DFAS”) (individually, a “Party” and collectively, the “Parties”).

FUND PARTICIPATION AND SERVICE AGREEMENT
Fund Participation and Service Agreement • April 30th, 2014 • Variable Annuity Account A • New York

First Security Benefit Life Insurance and Annuity Company of New York (“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 3rd day of February 2014, that Class 4 shares of the Funds (“Class 4 Shares”) and Class P2 shares of the Funds (“Class P2 Shares” and together with Class 4 Shares, 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 hereina

PARTICIPATION AGREEMENT First Security Benefit Life Insurance Company and Annuity Company of New York
Participation Agreement • December 28th, 2012 • Variable Annuity Account A • Kansas

This Participation Agreement (“Agreement”), dated as of the 25th day of August, 2010, is made by and between FIRST SECURITY BENEFIT LIFE INSURANCE COMPANY and ANNUITY COMPANY of NEW YORK (“Company”), on behalf of itself and each of the separate accounts identified on Exhibit A, which is attached hereto, as the parties hereto may update from time to time for the convenience of the parties, (“Accounts”), WADDELL & REED, INC. (“W&R”), distributor for Ivy Funds Variable Insurance Portfolios, and IVY FUNDS VARIABLE INSURANCE PORTFOLIOS (“Ivy Funds VIP”).

PARTICIPATION AGREEMENT Among PUTNAM VARIABLE TRUST PUTNAM RETAIL MANAGEMENT LIMITED PARTNERSHIP And FIRST SECURITY BENEFIT LIFE INSURANCE AND ANNUITY COMPANY OF NEW YORK
Participation Agreement • December 28th, 2012 • Variable Annuity Account A • Massachusetts

THIS AGREEMENT, made and entered into as of this 28th day of November, 2012, among FIRST SECURITY BENEFIT LIFE INSURANCE AND ANNUITY COMPANY OF NEW YORK (the “Company”), a stock life insurance company organized under the laws of the State of New York, on its own behalf and on behalf of each separate account of the Company set forth on Schedule A hereto, as such Schedule may be updated from time to time for the convenience of the parties (each such account hereinafter referred to as the “Account”), PUTNAM VARIABLE TRUST (the “Trust”), a Massachusetts business trust, and PUTNAM RETAIL MANAGEMENT LIMITED PARTNERSHIP (the “Underwriter”), a Massachusetts limited partnership.

PARTICIPATION AGREEMENT Among T. ROWE PRICE EQUITY SERIES, INC., T. ROWE PRICE FIXED INCOME SERIES, INC., T. ROWE PRICE INTERNATIONAL SERIES, INC., T. ROWE PRICE INVESTMENT SERVICES, INC., and FIRST SECURITY BENEFIT LIFE INSURANCE AND ANNUITY COMPANY...
Participation Agreement • April 15th, 2011 • Variable Annuity Account A • Maryland

THIS AGREEMENT, made and entered into as of this December 21, 2010 by and among First Security Benefit Life Insurance and Annuity Company of New York (hereinafter, 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 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.

PARTICIPATION AGREEMENT BY AND AMONG AIM VARIABLE INSURANCE FUNDS, A I M DISTRIBUTORS, INC.
Participation Agreement • July 19th, 2002 • Variable Annuity Account A • Delaware
PARTICIPATION AGREEMENT
Participation Agreement • February 21st, 2013 • Variable Annuity Account A • Delaware

THIS AGREEMENT, made and entered into this 28th day of March, 2011 by and between GOLDMAN SACHS VARIABLE INSURANCE TRUST, statutory trust formed under the laws of Delaware (the “Trust”), GOLDMAN, SACHS & CO., a New York limited partnership (the “Distributor”), and FIRST SECURITY BENEFIT LIFE INSURANCE AND ANNUITY COMPANY OF NEW YORK, a New York life insurance company (the “Company”), on its own behalf and on behalf of each separate account of the Company identified herein.

FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • April 30th, 2014 • Variable Annuity Account A • Delaware

This Fund Participation Agreement (the “Agreement”) is made this 12th day of February, 2014 by and among SEI Insurance Products Trust, a Delaware statutory trust (the “Trust”), on its own behalf and on behalf of each of the series of portfolios set forth on Schedule A (each a “Fund” and collectively, the “Funds”), SEI Investments Distribution Co., a Pennsylvania corporation (“Distributor”), solely with respect to Section 4.1 SEI Investments Management Corporation (“SIMC”), and First Security Benefit Life Insurance and Annuity Company of New York, a stock life insurance company organized under the laws of the state of New York (“Company”), on its own behalf and on behalf of each separate account of the Company set forth on Schedule B, as may be amended from time to time for the convenience of the parties (each an “Account” and collectively the “Accounts”).

PARTICIPATION AGREEMENT Among VAN ECK VIP TRUST, VAN ECK SECURITIES CORPORATION, VAN ECK ASSOCIATES CORPORATION and FIRST SECURITY BENEFIT LIFE INSURANCE AND ANNUITY COMPANY OF NEW YORK
Participation Agreement • April 30th, 2014 • Variable Annuity Account A • New York

THIS AGREEMENT, made and entered into to be effective on February 1, 2011, by and among FIRST SECURITY BENEFIT LIFE INSURANCE AND ANNUITY COMPANY OF NEW YORK (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 and incorporated herein by this reference, as such Schedule A may from time to time be updated for the convenience of the parties hereto (each such account hereinafter referred to as the “Account”), and VAN ECK VIP TRUST, an unincorporated business trust organized under the laws of the Commonwealth of Massachusetts (hereinafter the “Fund”), VAN ECK SECURITIES CORPORATION (hereinafter the “Underwriter”), a Delaware corporation and VAN ECK ASSOCIATES CORPORATION (hereinafter the “Adviser”), a Delaware corporation.

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