EX-99.H.2 2 filsab3855791-ex99h2.htm FUND PARTICIPATION AGREEMENT

































































































































































AMENDMENT TO PARTICIPATION AGREEMENT

This Amendment, effective December 2, 2020, (the “Effective Date”) is made to the Participation Agreement dated January 31, 2020 by and between GOLDMAN SACHS VARIABLE INSURANCE TRUST, a statutory trust formed under the laws of Delaware (the "Trust"), GOLDMAN SACHS & CO. LLC, a New York limited partnership (the "Distributor"), and NASSAU LIFE INSURANCE COMPANY, a New York life insurance company (the "Company"), on its own behalf and on behalf of each separate account of the Company identified herein.

WHEREAS, the parties hereto have previously entered into a Participation Agreement, dated January 31, 2020 (the Agreement), which, as of the date hereof, remains in full force and effect; and

WHEREAS, the Company desires to incorporate additional Separate Accounts as the result of the merger and acquisition of Foresters Life and Annuity Company; and

WHEREAS, the parties desire to revise Schedule 1A to address the incorporation of the additional Separate Accounts; and

WHEREAS, the parties desire to revise Schedule 1B to address the Variable Annuity Contracts or Variable Life Insurance Contracts subject to the agreement, in addition to the Funds and Share Classes available.

WHEREAS, the Agreement provides that it may only be changed by a written instrument signed by the parties;

NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, and intending to be legally bound thereby, the parties hereby agree that:

1. Schedule 1A to the Agreement is hereby deleted in its entirety and replaced with Schedule 1A below.
   
2. Schedule 1B to the Agreement is hereby deleted in its entirety and replaced with Schedule 1B below.
   
3. In all other respects, the Agreement shall remain unchanged and in full force and effect.
   
4. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

[Signature page follows.]

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IN WITNESS WHEREOF, the Trust, the Distributor and the Company hereby amend this Schedule 1A in accordance with Article XI of the Agreement.

 
GOLDMAN SACHS VARIABLE INSURANCE TRUST
Name:
Title:

 
GOLDMAN SACHS & CO. LLC.
Name:
Title:

NASSAU LIFE INSURANCE COMPANY
Name: Kostas Cheliotis
Title: VP, General Counsel & Secretary

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SCHEDULE 1

Schedule 1A

Separate Accounts of the Company Registered Under the 1940 Act as Unit Investment
Trusts

Effective as of December 2, 2020, the following separate accounts of the Company are hereby added to this Schedule 1A and made subject to the Agreement:

Name of Account Date Established
by Board of
Directors of the
Company
SEC 1940 Act
Registration
Number
Type of Product
Supported by Account
Level Premium Variable Life
Insurance Separate
Account B
6/4/1985 811-04328 Variable Life Insurance
Variable Annuity Fund C 12/21/1989 811-06130 Variable Annuity
Variable Annuity Fund D 04/08/1997 811-08205 Variable Annuity
Separate Account E 09/03/2004 811-21742 Variable Life Insurance

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Schedule 1B

Variable Annuity Contracts and Variable Life Insurance Contracts Registered Under the
Securities Act of 1933

The following Contracts are subject to the Agreement:

Name of Contract Available Funds/Share
Classes
1933 Act
Registration Number
Type of Product
Supported by Account
Multiple Goldman Sachs VIT
Government Money
Market Fund –
Institutional Shares
Variable Products
Individual Variable
Annuity Contracts
First Investors Life
Variable Annuity Fund
A
002-66295 Variable Annuity
The Insured Series
Policy (ISP)
First Investors Life
Level Premium Variable
Life Insurance Separate
Account B
ISP Choice

002-98410

333-149362
Variable Life Insurance
The Tax Tamer I and
First Choice Contracts
First Investors Life
Variable Annuity Fund
C
033-33419 Variable Life Insurance
The Tax Tamer II and
First Choice Bonus
Annuity
First Investors Life
Variable Annuity Fund
D
333-26341
333-186359
Variable Life Insurance
Variable Universal Life
SPVL Modified Single
Premium Variable Life
Insurance Policy
First Investors Life
Separate Account E
333-191937
333-123756
Variable Life Insurance

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