0001104659-07-039885 Sample Contracts

PARTICIPATION AGREEMENT Among
Participation Agreement • May 15th, 2007 • First Symetra National Life Insurance Co of Ny Sep Acct S • Massachusetts

THIS AGREEMENT, made and entered into as of the day of April, 2007 by and among FIRST SYMETRA NATIONAL LIFE INSURANCE 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 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 and VARIABLE INSURANCE PRODUCTS FUND IV, each an unincorporated business trust organized under the laws of the Commonwealth of Massachusetts (each referred to hereinafter as the “Fund”).

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If you have questions, comments, or complaints, please contact First Symetra at [800-SYMETRA (800-796-3872)]. READ YOUR CONTRACT CAREFULLY
First Symetra National Life Insurance Co of Ny Sep Acct S • May 15th, 2007

Annuitant The natural person(s) on whose life/lives annuity payments are based. You are the Annuitant unless you designate someone else before the Annuity Date.

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