EX-99.(H)(5)(E) 3 d607768dex99h5e.htm AMENDMENT NO. 8 DATED SEPTEMBER 15, 2023, TO PARTICIPATION AGREEMENT DATED JULY Amendment No. 8 dated September 15, 2023, to Participation Agreement dated July

Amendment No. 8 To Participation Agreement

by and among

Franklin Templeton Variable Insurance Products Trust

Franklin Distributors, LLC

Equitable Financial Life Insurance Company

Equitable Financial Life Insurance Company of America

Equitable Distributors, LLC

Franklin Templeton Variable Insurance Products Trust (the “Trust”), Franklin Distributors, LLC (formerly known as Franklin/Templeton Distributors, Inc.) (the “Underwriter”), Equitable Financial Life Insurance Company, Equitable Financial Life Insurance Company of America, and its distributor Equitable Distributors, LLC (collectively, the “Company” or “your”), on your behalf and on behalf of certain Accounts, (individually a “Party”, collectively, the “Parties”) have previously entered into a Participation Agreement dated July 1, 2005, as amended (the “Agreement”). The Parties now desire to amend the Agreement by this amendment (the “Amendment”). Unless otherwise indicated, the terms defined in the Agreement shall have the same meaning in this Amendment.

On July 7, 2021, an Addendum to the Participation Agreement revised the Participation Agreement to reflect the merger of Franklin/Templeton Distributors, Inc. into Legg Mason Investor Services, LLC, which was renamed Franklin Distributors, LLC.

AMENDMENT

For good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree to amend the Agreement as follows:

 

1.

Schedule B of the Agreement is hereby deleted and replaced in its entirety with the Schedule B attached hereto, respectively.

 

2.

All other terms and provisions of the Agreement not amended herein shall remain in full force and effect.

IN WITNESS WHEREOF, each of the Parties has caused its duly authorized officers to execute this Amendment effective as of September 15, 2023.

 

The Trust:     FRANKLIN TEMPLETON VARIABLE

Only on behalf of each Portfolio listed

on Schedule C of the Agreement

    INSURANCE PRODUCTS TRUST
    By:  

LOGO

 

    Name:   Marc De Oliveira
    Title:   Vice President and Assistant Secretary

 

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The Underwriter:     FRANKLIN DISTRIBUTORS, LLC
    By:  

LOGO

 

    Name:   Jeff Masom
    Title:   President
The Company:     EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
    By:  

LOGO

 

    Name:   Kenneth T. Kozlowski
    Title:   Chief Investment Officer
    EQUITABLE FINANCIAL LIFE INSURANCE COMPANY OF AMERICA
    By:  

LOGO

 

    Name:   Kenneth T. Kozlowski
    Title:   Chief Investment Officer
The Distributor:     EQUITABLE DISTRIBUTORS, LLC
    By:  

LOGO

 

    Name:   Nicholas Lane
    Title:   Chairman, Chief Executive Officer and President

 

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SCHEDULE B

Accounts of the Company

Equitable Financial Life Insurance Company

Separate Accounts and Associated Contracts

 

Name of Separate Account

 

Contracts Funded by

Separate Account

 

SEC Registration

Yes/No

Separate Account A   All Contracts   Yes
Separate Account FP   All Contracts   Yes
Separate Account I   All Contracts   Yes
Separate Account No. 45   All Contracts   Yes
Separate Account No. 49   All Contracts   Yes
Separate Account No. 65   All Contracts   No
Separate Account No. 66   All Contracts   Yes
Separate Account No. 70   All Contracts   Yes
Separate Account No. 206   All Contracts   Yes
Separate Account No. 301   All Contracts   Yes

Equitable Financial Life Insurance Company of America

Separate Accounts and Associated Contracts

 

Name of Separate Account

 

Contracts Funded by

Separate Account

 

SEC Registration

Yes/No

Equitable America Variable Account L   All Contracts   Yes
Equitable America Variable Account A   All Contracts   Yes
Equitable America Variable Account P   All Contracts   No
Equitable America Variable Account K   All Contracts   Yes
Equitable America Variable Account No. 70A   All Contracts   Yes
Variable Account AA   All Contracts   Yes

 

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