As filed with the SEC on April 28, 2023

Registration No. 33-54924

Registration No. 811-06388

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM N-4

REGISTRATION STATEMENT

UNDER

THE SECURITIES ACT OF 1933
Pre-Effective Amendment No.
Post-Effective Amendment No. 35	☒

REGISTRATION STATEMENT

UNDER THE

INVESTMENT COMPANY ACT OF 1940

Amendment No. 111 ☒

EMPIRE FIDELITY INVESTMENTS VARIABLE ANNUITY

ACCOUNT A

(Exact Name of Registrant)

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(Name of Depositor)

640 Fifth Avenue

New York, New York 10019

(Address of Depositor’s Principal Executive Offices)

Depositor’s Telephone Number: 1-800-544-8888

GERALD W. PATTERSON

President

Empire Fidelity Investments Life Insurance Company

640 Fifth Avenue

New York, New York 10019

(Name and Address of Agent for Service)

Copy to:

MICHAEL BERENSON

MORGAN, LEWIS & BOCKIUS LLP

1111 Pennsylvania Avenue, N.W.

Washington, D.C. 20004

It is proposed that this filing will become effective (check appropriate box):

☐ immediately upon filing pursuant to paragraph (b) of Rule 485

☒ on April 29, 2023, pursuant to paragraph (b) of Rule 485

☐ 60 days after filing pursuant to paragraph (a)(1) of Rule 485

☐ on (date), pursuant to paragraph (a)(1) of Rule 485 under the Securities Act.

If appropriate, check the following box:

☐ this post-effective amendment designates a new effective date for a previously filed post-effective amendment.

PROSPECTUS

April 29, 2023

Income Advantage

Issued by Empire Fidelity Investments Life Insurance Company^® (“EFILI”)

Introduction:

This prospectus describes an individual, single premium, immediate variable income annuity contract (the “Contract”) issued by Empire Fidelity Investments Life Insurance Company (“EFILI”, the “Company”, “we”, or “us”). The Contract provides you (the “Annuitant”) with the opportunity to receive annuity income for life at regular intervals (the “Annuity Income Dates”). Annuity income can be for your lifetime, or for your lifetime and the lifetime of a second person you name (the “Joint Annuitant”).

When you purchased your Contract, you chose all fixed annuity income, all variable annuity income, or a combination of the two. We guarantee the amount of fixed annuity income on each Annuity Income Date, but we do not guarantee the amount of variable annuity income. Variable annuity income fluctuates in amount according to the investment results of the Subaccounts of Empire Fidelity Investments Variable Annuity Account A (the “Variable Account”) that you choose.

Currently, we do not offer this Contract for sale to new investors.

You purchased your Contract (1) on a non-qualified basis (“Non-Qualified Contract”), or (2) on a qualified basis (“Qualified Contract”) as an Individual Retirement Annuity (“IRA”) with a contribution transferred from an IRA or rolled-over from a qualified plan such as a 401(a) or a 401(k) plan, a 403(b) plan, a governmental 457(b) plan, or an IRA. An Individual Retirement Annuity that is a Roth IRA could be purchased only with a contribution rolled over from another Roth IRA.

Important Disclosures:

Neither the Securities and Exchange Commission nor any state securities commission has approved or disapproved these securities or determined if this prospectus is accurate or complete. Any representation to the contrary is a criminal offense.

Additional information about certain investment products, including variable annuities, has been prepared by the Securities and Exchange Commission’s staff and is available at Investor.gov.

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TABLE OF CONTENTS

Glossary	4
Important Information You Should Consider About the Contract	6
Overview of the Contract	9
Fee Tables	10
1. Principal Risks of Investing in the Contract	11
2. EFILI, the Variable Account, the Funds, and the Distributors	12
(a). EFILI and The Variable Account	12
(b). The Funds	12
(c). Selling the Contracts	13
(d). Legal Proceedings	13
3. Purchase Payment	13
4. Annuity Income	14
(a). Annuity Income Dates	14
(b). Fixed, Variable or Combination Annuity Income	14
(c). Benchmark Rate of Return	15
5. Annuity Income Options Available at Purchase	15
(a). Your Selection of an Annuity Income Option	15
(b). Annuity Income Options without a Withdrawal Period	16
(c). Annuity Income Options including a Withdrawal Period	16
6. Benefits Available Under the Contract	17
(a). Overview of Benefits	17
(b). Death Benefit	18
(c). Contracts Purchased with a Guarantee Period	18
(d). Contracts Purchased with a Withdrawal Period	19
7. Trading Among Subaccounts	22
(a). Overview	22
(b). Making Exchanges by Telephone or Internet	22
(c). Effective Date of Exchanges Among Subaccounts	22
(d). Use of Market Timing Services	22
(e). Short-Term Trading Risk	23
(f). EFILI Policies Regarding Frequent Trading	23
(g). Frequent Trading Monitoring and Restriction Procedures	24
8. Current Charges and Other Deductions	25
(a) Base Contract Expenses	25
(b). Premium Taxes	25
(c). Expenses of the Funds	25
(d). Other Taxes	25

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9. Tax Considerations	25
(a). Introduction	25
(b). Treatment of Distributions	26
(c). Qualified Contracts	27
(d). Tax Deferral Until Distributions are Made	29
(e). EFILI’s Tax Status	30
10. More Information about the Contract	30
(a). Contract Rights	30
(b). Reports	31
(c). Postponement of Benefits	32
(d). Signature Guarantee or Customer Authentication	32
(e). Misstatement of Date of Birth or Sex	32
(f). Notification of Death	32
(g). Assignment	33
(h). Dividends	33
(i). Written Requests Received at the Company	33
11. More Information about the Variable Account and the Funds	33
(a). Changes in Subaccounts	33
(b). Voting Rights	33
(c). Resolving Material Conflicts	34
(d). Total Return for a Subaccount	34
Appendix A: Funds Available Under the Contract	35
Appendix B: Hypothetical Examples Applicable to Contracts with a Withdrawal Period	42

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GLOSSARY

Annuitant - You are the Annuitant. You receive lifetime income. For Qualified Contracts all annuity income during your lifetime must be received only by you. Either you or the Joint Annuitant generally must be no older than 85 years of age on the Contract Date. To choose the Withdrawal Period, either you or the Joint Annuitant must be no more than 72 years old on the Contract Date. You must also be an Owner.

Annuity Income Dates - The dates we determine the amount of annuity income. If the New York Stock Exchange is closed on an Annuity Income Date, we will determine the amount of annuity income on the next day it is open. You choose whether you want Annuity Income Dates to be monthly, quarterly, semi-annual, or annual.

Annuity Income Unit (also “unit”) - A unit of measure used to calculate the amount of variable annuity income.

Base Contract Expenses - Expenses that we assess daily against the assets of each Subaccount, comprised of a Mortality and Expense Risk Charge and an Administrative Charge.

Benchmark Rate of Return - The return that is assumed in the calculation of each amount of variable annuity income. The Benchmark Rate of Return applies only to the variable income portion of the Contract. See 4(c). Benchmark Rate of Return.

Beneficiary(ies) - The person(s) who may receive certain benefits under this Contract when there is no longer a living Annuitant or Joint Annuitant.

Code - The Internal Revenue Code of 1986, as amended.

Contract - A Contract designed to provide you and the Joint Annuitant, (if any), with annuity income for your life (or lives) beginning with the first Annuity Income Date.

Contract Date - The date your Contract becomes effective. This will be stated in your Contract.

Death Benefit - A benefit of the Contract that provides protection if an Annuitant dies before the first Annuity Income Date.

Funds - The mutual fund portfolios in which the Subaccounts invest.

Guarantee Period - A Contract with a Guarantee Period provides annuity income through a specified date even if no Annuitant lives to the end of the Guarantee Period. If no Annuitant lives to the end of the Guarantee Period, each Beneficiary will continue to receive income for the remainder of the Guarantee Period unless he or she chooses a commuted value as a lump sum benefit instead. A Contract with a Guarantee Period will provide lower annuity income on each Annuity Income Date than an otherwise identical Contract without a Guarantee Period.

IRA - Refers generally to both an Individual Retirement Account and an Individual Retirement Annuity as defined in Sections 408(a) and (b), respectively, of the Code. When it is used to refer to a Qualified Contract, it means a Contract that qualifies as an Individual Retirement Annuity as defined in Section 408(b) of the Code.

Joint Annuitant - The Joint Annuitant, (if any), receives lifetime annuity income. However, for Qualified Contracts, all annuity income during the Annuitant’s lifetime must be received only by the Annuitant. Either the Annuitant or the Joint Annuitant generally must be no older than 85 years of age on the Contract Date. For Non-qualified Contracts the Joint Annuitant may, but need not be, an Owner. For Qualified Contracts the Joint Annuitant may not be an Owner.

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Net Investment Factor - An index used to measure the investment performance of a Subaccount from one Valuation Period to the next. The Net Investment Factor can be greater or less than one. The Net Investment Factor for each Subaccount for a Valuation Period is determined by adding (a) and (b), subtracting (c) and then dividing the result by (a) where: (a) is the value of the assets at the end of the preceding Valuation Period; (b) is the investment income and capital gains, realized or unrealized, credited during the current Valuation Period; and (c) is the sum of: (1) the capital losses, realized or unrealized, charged during the current Valuation Period plus any amount charged or set aside for taxes during the current Valuation Period; PLUS (2) the deduction from the Subaccount during the current Valuation Period representing the daily charge equivalent to an effective annual rate of not more than 1%.

Non-qualified Contract - A Contract other than a Qualified Contract. This type of Contract may be purchased with money from any source.

Owner(s) - The person(s) who have certain rights under the Contract. You (the Annuitant) must be an Owner. If there is a Joint Annuitant, he or she may also be an Owner (except for a Qualified Contract, where only one Owner is permitted). The Joint Annuitant is never required to be an Owner. Only you and the Joint Annuitant, (if any), may ever be Owners.

Portfolio - An investment portfolio of a Fund.

Purchase Payment - The single payment you made to us in exchange for which we issued you a Contract.

Qualified Contract - A Contract that qualifies as an Individual Retirement Annuity under Section 408(b) of the Code, including an Individual Retirement Annuity that qualifies as a Roth IRA under section 408A of the Code.

Roth IRA - Refers generally to an IRA that qualifies as a Roth IRA under Section 408A of the Code. When it is used to refer to a Qualified Contract, it means an Individual Retirement Annuity Contract that qualifies as a Roth IRA under Section 408A of the Code.

Subaccount - A division of the Variable Account, the assets of which are invested in the shares of the corresponding portfolio of the Funds available in the Contract.

Total Return - Used to measure the investment performance of a Subaccount, after all expenses.

Trading among Subaccounts - Transfers of amounts among the Subaccounts.

Valuation Period - The period of time from the time Annuity Income Unit values are calculated to the next time such values are calculated. These calculations are made as of the close of business (normally 4:00 p.m. Eastern Time) each day the New York Stock Exchange is open for trading.

Variable Account - Empire Fidelity Investments Variable Annuity Account A.

Withdrawal (Liquidity) Period - Period of time money can be withdrawn from a Contract that was purchased with this feature. See 6(d). Contracts purchased with a Withdrawal Period.

Withdrawal Value - The total amount that can be withdrawn from a Contract that was purchased with a Withdrawal Period. The Withdrawal Value is only available for allocations to variable annuity income.

You - The Annuitant. The Annuitant is always an Owner.

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IMPORTANT INFORMATION YOU SHOULD CONSIDER ABOUT THE CONTRACT

Fees & Expenses						Location in Prospectus
Charges for Early Withdrawals	None
Transaction Charges	None
Ongoing Fees and Expenses (annual charges)	The table below describes the fees and expenses that you may pay each year, depending on the options you choose. Please refer to your Contract Schedule page for information about the specific fees you will pay each year based on the options you have elected.					Fee Tables 8. Current Charges and Other Deductions Appendix A: Funds Available Under the Contract
		Annual Fee	Minimum		Maximum
		Base Contract Expenses	1.00%1		1.00%1
		Subaccounts (Fund fees and expenses)	0.10%2		1.77%2
	1 As a percentage of the Contract allocated to the Variable Account.
	2 As a percentage of the net assets of each Subaccount.
	Because your Contract is customizable, the choices you make affect how much you will pay. To help you understand the cost of owning your Contract, the following table shows the lowest and highest cost you could pay each year, based on current charges.
		Lowest Annual Cost $357A		Highest Annual Cost $1,909B
		Assumes		Assumes
		•  Investment of $100,000 •  5% annual appreciation •  Least expensive combination of Fund fees and expenses •  No transfers or withdrawals		•  Investment of $100,000 •  5% annual appreciation •  Most expensive combination of Fund fees and expenses •  No transfers or withdrawals
	A Assumes annuity payments based on 85-year old male, Single Life Annuity, no Guarantee Period, and 7% Benchmark Rate of Return.
	B Assumes annuity payments based on 45-year old couple, Joint and Survivor Annuity with Full Annuity Income to the Survivor, 45-year Guarantee Period, and 3.5% Benchmark Rate of Return.

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Risks		Location in Prospectus
Risk of Loss	You can lose money by investing in the Contract.	1. Principal Risks of Investing in the Contract 2(a). EFILI and the Variable Account 2(b). The Funds
Not a Short-Term Investment	The Contract is not a short-term investment and is not appropriate for an investor who needs ready access to cash. This is because the benefits of long-term income are more advantageous to investors with a long-term time horizon. Also, investors do not have any or only limited access to the amount invested in the Contract.	1. Principal Risks of Investing in the Contract
Risks Associated with Investment Options	•  An investment in the Contract is subject to the risk of poor performance of the Subaccounts. •  Variable annuity income will vary based on the performance of the Subaccount(s) that you select. •  Each Subaccount will have its own unique risks. •  You should review each Fund’s prospectus carefully before making an investment decision.	1. Principal Risks of Investing in the Contract 2(a). EFILI and the Variable Account 2(b). The Funds 4. Annuity Income
Insurance Company Risks	The Contract is issued by and subject to the risks related to Empire Fidelity Investments Life Insurance Company (“EFILI”, “we”, or “us”). The obligations, guarantees, and benefits of the Contract are subject to EFILI’s financial strength and claims-paying ability. EFILI has an A+ Financial Strength Rating from AM Best as of February 8, 2023.	1. Principal Risks of Investing in the Contract 2(a). EFILI and the Variable Account
Restrictions		Location in Prospectus
Investments	•  Additional Purchase Payments are not allowed. •  Your Contract’s allocation between variable annuity income and fixed annuity income that you selected at purchase cannot be changed. •  Contract Owners who engage in frequent trading may be subject to temporary or permanent restrictions on future purchases or exchanges in a Fund. •  We have the right to eliminate any Subaccount, to combine two or more Subaccounts, or to substitute a new fund for the Fund in which a Subaccount invests.	3. Purchase Payment 7. Trading Among Subaccounts 11(a). Changes in Subaccounts

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Taxes		Location in Prospectus
Tax Implications	•  Consult with a tax professional to determine the tax implications of an investment in and payments received under this Contract. •  For a Qualified Contract purchased with a contribution transferred from an IRA or rolled over from a qualified plan, you do not get any additional tax benefit from this Contract. •  For a Qualified Contract, the entire amount of annuity income each year will generally be taxable as ordinary income unless your Purchase Payment included after-tax contributions. •  For a Non-qualified Contract, a portion of the annuity income each year will generally be taxable as ordinary income until you have recovered the “investment in the Contract,” after which the entire amount of annuity income will be taxable. •  The taxable portion of a withdrawal is generally taxed as ordinary income. A penalty tax equal to 10% of the amount treated as taxable income may be imposed on amounts received before age 591/2.	1. Principal Risks of Investing in the Contract 3. Purchase Payment 9. Tax Considerations
Conflicts of Interest		Location in Prospectus
Investment Professional Compensation	Your investment professional may receive compensation in the form of commissions for having sold this Contract to you. This financial incentive may have influenced your investment professional to recommend this Contract over another investment.	2(b). The Funds 2(c). Selling the Contracts
Exchanges	Your investment professional may have a financial incentive to offer you a new contract in place of the one you own. You should only exchange your contract if you determine, after comparing the features, fees, and risks of both contracts, that it is better for you to purchase the new contract rather than continue to own your existing contract.	“Replacement of Contracts” under 3. Purchase Payment

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OVERVIEW OF THE CONTRACT

What is this Contract designed to do and who could it be appropriate for?

This variable annuity contract is designed to provide periodic annuity income for your life (the “Annuitant”), or, if you purchased a joint life Contract, for your life and the life of the Joint Annuitant you named on the application. The Contract, like many annuities, pools the mortality experience of all Annuitants and Joint Annuitants. In effect, Annuitants and Joint Annuitants who live longer are subsidized by those who do not. This Contract may be appropriate if you desire income guaranteed for life and are comfortable assuming the risk / potential reward of the amount of each annuity income payment decreasing or increasing.

What are the phases of the Contract and how do I receive income payments?

This Contract has only one phase, the Income Phase, during which the Contract makes annuity income payments at regular intervals (the “Annuity Income Dates”).

When you purchased your Contract, you chose the first Annuity Income Date, which could be up to one year from the date your Contract became effective (the “Contract Date”), and whether you wanted Annuity Income Dates to be monthly, quarterly, semiannual, or annual. You also chose to allocate your Purchase Payment to all fixed annuity income, all variable annuity, or a combination of the two. Finally, you chose an annuity income option from among a number of the annuity income options we made available. Four of these options allowed a Contract to be purchased with or without a Guarantee Period, which if selected provides for a guaranteed minimum number of years of annuity income. The other two options (only available at purchase of a Qualified Contract) include a Withdrawal Period, during which withdrawals can be taken from a Contract’s Withdrawal Value. See 5. Annuity Income Options Available at Purchase for more information on each Annuity Income Option.

We guarantee to provide annuity income for each Annuity Income Date for your lifetime and for the lifetime of the Joint Annuitant, if any (unless you choose to surrender the Contract, if allowed). We guarantee the amount of fixed annuity income on each Annuity Income Date, but we do not guarantee the amount of any variable annuity income. Neither do we guarantee any minimum number of Annuity Income Dates, unless you chose an option that provides such a guarantee.

The amount of variable annuity income fluctuates in amount according to the investment results of the Subaccounts that you choose. You choose to invest your Contract in one or more of the multiple Subaccounts available under the Contract. Each Subaccount invests exclusively in shares one Fund. Each Fund has its own investment strategies, investment advisers, expense ratios, and returns. Information about the Funds is provided in Appendix A: Funds Available Under the Contract.

What are the other primary features of the Contract?

• Making Exchanges: You may currently exchange amounts among the Subaccounts.

• Death benefit: This is a benefit that provides protection if an Annuitant dies before the first Annuity Income Date.

• Tax Treatment: You can make exchanges among the Subaccounts without tax implications. The taxable portion of annuity income payments and withdrawals will be taxed as ordinary income, and you may have to pay a 10% penalty on amounts received before age 59^1/2.

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FEE TABLES

The following tables describe the fees and expenses that you will pay while you own the Contract. Please refer to your Contact schedule page for information about the specific fees you will pay each year based on the options you have elected.

The first table describes the fees and expenses that you will pay at the time that you buy the Contract or transfer Contract Value between Subaccounts. State premium taxes may also be deducted.

Transaction Expenses None

The next table describes the fees and expenses that you will pay each year during the time that you own the Contract (not including Fund fees and expenses).

Annual Contract Expenses	Maximum Charge
Base Contract Expenses1
(As a percentage of the assets of each Subaccount)		1.00%

¹  Base Contract Expenses is the total of two separate charges, a Mortality and Expense Risk Charge and an Administrative Charge. You may also see Base Contract Expenses referred to as “Separate Account Annual Expenses”.

The next item shows the minimum and maximum total operating expenses charged by the Funds that you may pay periodically during the time that you own the Contract. A complete list of Funds available under the Contract, including their annual expenses, may be found at the back of this document.

Annual Portfolio Company Expenses	Minimum			Maximum
(expenses that are deducted from Fund assets, including management fees, distribution and/or service (12b-1) fees, and other expenses)		0.10	%		1.77	%
(expenses that are deducted from Fund assets, including management fees, distribution and/or service (12b-1) fees, and other expenses after any waivers or expense reimbursements)		0.10	%		1.29	%2

²  This reflects temporary reductions to Fund expenses.

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1. PRINCIPAL RISKS OF INVESTING IN THE CONTRACT

Risk of Loss: You can lose money by investing in the Contract. All variable income under the Contract will increase or decrease from one Annuity Date to the next according to the investment results of the Subaccounts in which you are invested. Variable annuity income will end in the unlikely event that the value of every security held in the Subaccounts in which you are invested is reduced to zero. We do not guarantee the investment results of the Subaccounts or the amount of variable annuity income. You bear the investment risk. You should review each Fund’s prospectus carefully before making an investment decision.

Not A Short-Term Investment: The Contract is not suitable as a short-term investment and is not appropriate for an investor who needs ready access to cash. This is because the benefits of long-term income are more advantageous to investors with a long-term time horizon. Also, investors do not have any or only limited access to the amount invested in the Contract.

Possibility of Adverse Tax Consequences: In certain scenarios, annuity income payments and withdrawals may be subject to a 10% penalty tax. See 9. Tax Considerations. Consult with a tax professional to determine the tax implications of amounts received under this Contract.

Alternatives to the Contract: Other contracts or investments may provide more favorable returns or benefits, as well as lower costs, than the Contract.

Potential Harmful Fund Transfer Activity: Frequent exchanges among Subaccounts by Owner(s) can reduce the long-term returns of the Funds. The reduced returns could adversely affect the Owners, Annuitants, Insureds or Beneficiaries of any variable annuity or variable life insurance contract issued by any insurance company with respect to values allocated to the Fund. Frequent Exchanges may reduce a Fund’s performance by increasing costs paid by the Fund (such as brokerage commissions); they can disrupt portfolio management strategies; and they can have the effect of diluting the value of the shares of long-term shareholders in cases in which fluctuations in markets are not fully priced into the Fund’s net asset value. EFILI has adopted policies designed to discourage frequent trading. See 7. Trading Among Subaccounts for more information.

Insurance Company Risks: The Contract is issued by Empire Fidelity Investments Life Insurance Company. The obligations, guarantees, and benefits of the Contract are subject to EFILI’s claims-paying ability. If EFILI experiences financial distress, it may not be able to honor its annuity income obligations under the Contract.

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2. EFILI, THE VARIABLE ACCOUNT, THE FUNDS, AND THE DISTRIBUTORS

2(a). EFILI and the Variable Account

EFILI: The Contract is issued by EFILI. The obligations, guarantees, and benefits of the Contract are subject to EFILI’s claims-paying ability. The Death Benefit and lifetime annuity income payments made under the Contract are subject to our claims-paying ability and financial strength. We issue other annuity contracts and life insurance policies as well, and certain benefits and obligations under these products are also subject to our claims-paying ability and financial strength. We have an A+ Financial Strength Rating from AM Best as of February 8, 2023.¹ EFILI’s principal executive offices are located at 640 Fifth Avenue, New York, New York 10019. The address for our Annuity Service Center is P.O. Box 770001, Cincinnati, Ohio 45277-0051.

The Variable Account: Empire Fidelity Investments Variable Annuity Account A is a separate account used to support the Contract and other forms of variable annuity contracts issued by EFILI, and for other purposes permitted by law. We are the legal owner of the assets of the Variable Account. However, income, gains, and losses credited to, or charged against, the Variable Account reflect the Variable Account’s own investment experience and not the investment experience of any of our other assets. The assets of the Variable Account may not be used to pay any of our liabilities other than those arising from the Contracts. The assets in the Variable Account will always be at least equal to the reserves and other liabilities of the Variable Account. If the assets exceed the required reserves and other liabilities, we may transfer the excess to our general account. We are obligated to pay all amounts promised to investors under the Contracts.

Financial Statements: EFILI’s financial statements and the financial statements of the Variable Account appear in the Statement of Additional Information.

2(b). The Funds

Each Subaccount in the Variable Account invests exclusively in a single Fund. Each Fund is part of a trust that is registered with the SEC as an open-end management investment company under the Investment Company Act of 1940 (“1940 Act”). This registration does not involve supervision of the management or investment practices or policies of the Funds by the SEC. Each Fund’s assets are held separate from the assets of the other Funds, and each Fund has investment objectives and policies that are different from those of the other Funds. Thus, each Fund operates as a separate investment fund, and the income and losses of one Fund have no effect on the investment performance of any other Fund. In addition, the names and investment objectives of the Funds may be similar to those of other funds available through the same investment adviser; however, the performance of such funds may differ significantly.

EFILI or its insurance agency affiliate receives annual compensation of up to 0.45% of assets allocated to the Funds, for customer service, distribution and recordkeeping services with respect to those assets. This compensation is received from the Funds’ advisors or their affiliates. These payments are not Contract charges, and do not increase Fund or Contract charges.

Investments by the Subaccounts in securities of foreign issuers may result in a foreign investment tax credit which we will claim on our federal income tax filings.

Where to Find More Information on the Funds: Information regarding each Fund including its name, investment objective, investment advisers and any subadvisers, current expenses, and performance is available in Appendix A: Funds Available Under the Contract. In addition, each Fund has issued a prospectus that contains

¹ Financial strength ratings are opinions from independent rating agencies of an insurer’s financial strength and ability to pay its insurance policies and contract obligations. They are not recommendations to purchase, hold or terminate any insurance policy or contract issued by an insurer, nor do they address the suitability of any particular policy or contract for a specific purpose or purchaser. AM Best Ratings range from A++ to F and are subject to change.

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more detailed information about the Fund. Investors may obtain paper or electronic copies of a Fund prospectus can be found online at www.fidelity.com/FIAreports or by calling 1-800-544-2442.

2(c). Selling the Contracts

Fidelity Brokerage Services LLC (“FBS”) and Fidelity Insurance Agency, Inc. (“FIA”) distribute the Contracts. FBS is the principal underwriter. Both FBS and FIA are affiliates of us and subsidiaries of FMR LLC, our parent company. Fidelity Distributors Company LLC (“FDC”) is the distributor of the Fidelity family of funds. The principal business address of FBS and FDC is 900 Salem Street, Smithfield, Rhode Island 02917.

Fidelity Insurance Agency, Inc. receives compensation from EFILI of not more than 3% of the Purchase Payments for marketing and distribution. Amounts paid by EFILI to Fidelity Insurance Agency, Inc. will be paid out of the general assets of EFILI, which may include proceeds derived from mortality and expense risk charges EFILI deducts from the Variable Account.

2(d). Legal Proceedings

Neither the Registrant, the Registrant’s principal underwriter nor the Depositor is a party to any material pending legal proceedings.

3. PURCHASE PAYMENT

Currently, we do not offer this Contract for sale to new investors. Additional Purchase Payments are not allowed for existing Contracts.

Application and Initial Purchase Payment: You purchased your Contract (1) on a non-qualified basis (“Non-Qualified Contract”), or (2) on a qualified basis (“Qualified Contract”) as an Individual Retirement Annuity (“IRA”) with a contribution transferred from an IRA or rolled-over from a qualified plan such as a 401(a) or a 401(k) plan, a 403(b) plan, a governmental 457(b) plan, or an IRA. An Individual Retirement Annuity that is a Roth IRA could be purchased only with a contribution rolled over from another Roth IRA.

To purchase a Contract, you were generally required to make a single payment (“Purchase Payment”) of at least $25,000 and complete an application form.

We applied your Purchase Payment to the purchase of a Contract within two Valuation Periods of receiving your payment and completed application form in good order at our Annuity Service Center. The date your Contract became effective is called the Contract Date.

Replacement of Contracts: You can generally exchange a non-qualified annuity contract for another in a “tax-free exchange” under Section 1035 of the Internal Revenue Code or transfer a qualified annuity contract directly to another life insurance company as a “trustee-to-trustee transfer”. Before making an exchange or transfer, you should compare both annuities carefully. Remember that if you exchange or transfer one annuity for another annuity, then you may pay a surrender charge on your existing annuity, charges may be higher (or lower), and the benefits may be less (or more) advantageous. You should not exchange or transfer one annuity for another unless you determine, after knowing all the facts, that the exchange or transfer is in your best interest and not just better for the person trying to sell you the new annuity contract (that person will generally be compensated if you buy the contract through an exchange, transfer or otherwise).

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4. ANNUITY INCOME

4(a). Annuity Income Dates

We calculate the amount of your annuity income on each Annuity Income Date. You selected the first Annuity Income Date when you purchased the Contract. The first Annuity Income Date was permitted to be either the first or the fifteenth day of a month. All subsequent Annuity Income Dates are on the same day of the month as the first Annuity Income Date. The latest date you were allowed to select as your first Annuity Income Date was one year after the Contract Date. The earliest date you were allowed to select as your first Annuity Income Date was 30 days after the Contract Date.

On the application, you chose the frequency of your annuity income as either monthly, quarterly, semi-annual, or annual.

If an Annuity Income Date falls on a day that is not the last day of a Valuation Period, the amount of annuity income will be determined based on the value of your selected Subaccounts at the close of the Valuation Period. Annuity income will generally be sent at the end of the Valuation Period immediately following the day on which the amount is determined. If you elect to receive your annuity income payment by direct deposit, you will usually receive your income sooner than if we send it to you through the mail.

4(b). Fixed, Variable or Combination Annuity Income

At the time of purchase, you allocated your Purchase Payment between fixed and variable annuity income. You chose all fixed annuity income, all variable annuity income, or a combination of the two.

Fixed Annuity Income: Any portion of your Purchase Payment allocated to fixed annuity income will always remain allocated to fixed annuity income. If you allocated all of your Purchase Payment to fixed annuity income, EFILI guarantees a specific amount of fixed annuity income that is the same on each Annuity Income Date, except as described for Options III and IV under 5(b) below.

We will determine the amount of fixed annuity income based on the annuity income purchase rate in effect. Factors influencing the purchase rate include (a) your age and sex (and the age and sex of the Joint Annuitant, if any); (b) the type of annuity income option you chose; (c) the frequency of Annuity Income Dates you chose and (d) the first Annuity Income Date you chose.

The fixed annuity income is determined by applying the applicable annuity income purchase rate to the Purchase Payment allocated to fixed annuity income.

Variable Annuity Income: Any portion of your Purchase Payment allocated to variable annuity income will always remain allocated to variable annuity income, but you can reallocate the variable portion of your Contract among the various Subaccounts.

If you chose all variable annuity income, all of your annuity income will vary according to the investment experience of the Subaccounts. Variable annuity income may decrease upon the death of the Annuitant or Joint Annuitant, as described for Options III and IV under 5(b) below.

Any portion of your Purchase Payment allocated to variable annuity income initially purchased Free Look Units. EFILI determined the number of Free Look Units based upon (a) your age and sex (and the age and sex of the Joint Annuitant, if any); (b) the type of annuity income option you chose; (c) the frequency of Annuity Income Dates you chose; (d) the first Annuity Income Date you chose; (e) the Benchmark Rate of Return you chose; and (f) the value of the Free Look Units on the Contract Date. The value of the Free Look Units reflected the investment performance of the Government Money Market Subaccount.

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Approximately 10 calendar days after you received your Contract, EFILI exchanged Free Look Units for Annuity Income Units in the Subaccounts you selected. The total dollar value of the Annuity Income Units was the same as the Free Look Units that were exchanged. The number of Annuity Income Units allocated to each Subaccount under a single life Contract does not change unless you reallocate among the Subaccounts. If you chose a joint life Contract and benefits are reduced due to your death or the death of the Joint Annuitant, the number of Annuity Units will be reduced at that time.

EFILI calculates the amount of your variable annuity income based on the number of Annuity Income Units credited to each Subaccount. At the close of business on each Annuity Income Date (or on the next Valuation Date if the Annuity Income Date falls on a non-business day), the number of Annuity Income Units is multiplied by the value of the Annuity Income Units for each Subaccount. The amount of variable annuity income on the Annuity Income Date is the sum of annuity income amounts for each Subaccount.

Combination of Fixed and Variable Annuity Income: If you chose a combination of fixed and variable annuity income, a portion of your annuity income will be fixed and a portion will vary according to the investment experience of the Subaccounts. We guarantee the dollar amount of the fixed annuity income portion on each Annuity Income Date. Both fixed and variable annuity income decreases upon the death of the Annuitant or Joint Annuitant as described for Options III and IV under 5(b) below.

4(c). Benchmark Rate of Return

The Benchmark Rate of Return applies only to the variable income portion of the Contract. Annuity income varies from one Annuity Income Date to the next based on your Contract’s annualized Total Return over that time period as compared to the Benchmark Rate of Return you chose when you purchased your Contract. If you do not make any withdrawals from one Annuity Income Date to the next, then annuity income will (a) increase if the annualized Total Return for your Contract is greater than the Benchmark Rate of Return, and (b) decrease if the annualized Total Return for your Contract is less than the Benchmark Rate of Return.

5. ANNUITY INCOME OPTIONS AVAILABLE AT PURCHASE

5(a). Your Selection of an Annuity Income Option

On your application you chose your annuity income option from among a number of annuity income options. You also may have chosen to have either a Withdrawal Period or a Guarantee Period, but not both. (A Withdrawal Period was only available to Qualified Contracts). For any income option, you also chose to receive annuity income monthly, quarterly, semi-annually, or annually. None of these choices can be changed. If you purchased a Qualified Contract, federal income tax laws may have limited your annuity income options.

The frequency of payments you selected impacted the amount of each annuity income payment. For example, assuming all else is equal, choosing to receive payments on a monthly basis would have resulted in lower annuity

income payment amounts than choosing to receive payments on an annual basis. Similarly, an election to receive payments over a longer expected period would have resulted in lower payment amounts than an election to receive payments over a shorter expected period. For example, assuming all else is equal:

• purchasing a Contract with a Guarantee Period would have resulted in lower payment amounts than purchasing the same Contract without a Guarantee Period, and

• purchasing a Qualified Contract with a Withdrawal Period would have resulted in lower payment amounts than purchasing the same Qualified Contract without a Withdrawal Period.

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5(b). Annuity Income Options without a Withdrawal Period

I. Single Life Annuity. We will provide annuity income for your entire life, no matter how long that may be. Annuity income stops when you are no longer living, unless your Contract contains a Guarantee Period and the Guarantee Period has not ended. It is possible that your total annuity income under this option will be less than your Purchase Payment. It is even possible that you might receive annuity income only once under this option. This would happen if you were to die before the second Annuity Income Date. Because of this risk, this option offers you the highest level of annuity income. The Contract, like many annuities, pools the mortality experience of all Annuitants and Joint Annuitants. In effect, Annuitants and Joint Annuitants who live longer are subsidized by those who do not.

II. Joint and Survivor Annuity With Full Annuity Income to the Survivor. Under this option, we will provide annuity income jointly to you and the Joint Annuitant while you are both living, except that for a Qualified Contract during your lifetime we provide the income only to you. After the death of either of you, we will continue to provide the full amount of annuity income to the survivor. Annuity income stops when both you and the Joint Annuitant are no longer living, unless your Contract contains a Guarantee Period and the Guarantee Period has not ended. As in the case of the single life annuity described above, there is the risk that you may receive annuity income only once.

III. Joint and Survivor Annuity With Reduced Annuity Income to the Survivor. This option is like Option II above, except that annuity income is higher while both you and the Joint Annuitant are living, and lower when only one of you is still living. Depending on what you selected on your application, annuity income to the survivor is reduced to two-thirds or one-half of the amount that it would have been were you both still alive.

IV. Joint and Survivor Annuity With Full Annuity Income to the Annuitant if the Joint Annuitant Dies, But Reduced Annuity Income to the Joint Annuitant if the Annuitant Dies. This option is like Option III above, but annuity income is not reduced upon the death of the Joint Annuitant if the Joint Annuitant is the first to die. In the event you are the first to die, depending on what you selected on your application annuity income to the Joint Annuitant is reduced to two-thirds or one-half of the amount that it would have been were you both still alive. While you and the Joint Annuitant are both still alive, this option provides greater annuity income than Option II but not as much annuity income as Option III.

For Options II, III and IV, if either you or the Joint Annuitant die before the first Annuity Income Date, we will adjust the annuity income so that it equals what would have been paid under a single life annuity issued to the survivor. This will generally result in greater annuity income.

5(c). Annuity Income Options including a Withdrawal Period

If you have a Qualified Contract and allocated a portion or all of your Purchase Payment to the Variable Account, you had the opportunity to elect one of the two below withdrawal options. Withdrawals are not available for any allocations to fixed income.

V. Single Life Annuity with Withdrawal Period. We will provide annuity income, beginning with the first Annuity Income Date, for as long as you live unless you surrender your Contract. If you die on or after the first Annuity Income Date and before the end of the Withdrawal Period, we will provide any remaining annuity income to the Beneficiary(ies) according to the terms of the Contract.

VI. Joint and Survivor with Full Annuity Income to the Survivor with Withdrawal Period. Assuming you do not surrender your Contract or make withdrawals, we will provide full annuity income, beginning with the first Annuity Income Date, while either you or the Joint Annuitant is still living.

If either you or the Joint Annuitant dies before the first Annuity Income Date, we will adjust the annuity income so that it equals what would have been paid under a single life annuity with a withdrawal option. If the person

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who dies (you or the Joint Annuitant) is an Owner and the survivor is not the deceased Owner’s spouse, we will adjust the Withdrawal Period, as required by law, so that it is not longer than the life expectancy of the survivor. This may result in a shorter Withdrawal Period and a higher amount of annuity income. For any allocations to fixed income, similar adjustments will be made to the Guarantee Period, if any.

If you and the Joint Annuitant both die on or after the first Annuity Income Date and before the end of the Withdrawal Period, we will provide any remaining annuity income or Withdrawal Value to the Beneficiary(ies) according to the terms of the Contract.

6. BENEFITS AVAILABLE UNDER THE CONTRACT

6(a). Overview of Benefits

The following table summarizes information about benefits available under the Contract. A detailed description of each benefit follows the tables.

Benefits

Name of Benefit	Type of Benefit	Purpose	Maximum Fee	Brief Description of Restrictions /Limitations
Death Benefit	Standard	Provides protection if the Annuitant or Joint Annuitant dies before the first Annuity Income Date.	None	Not applicable when death occurs on or after first Annuity Income Date.
Guarantee Period	Optional	Provides annuity income through a specified date even if neither the Annuitant nor the Joint Annuitant lives to the end of the Guarantee Period.	None	Only available at purchase of a Contract. A Contract with a Guarantee Period cannot also have a Withdrawal Period. Provides lower annuity income than an otherwise identical Contract without a Guarantee Period. Length of Guarantee Period may be limited by the Code.

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Name of Benefit	Type of Benefit	Purpose	Maximum Fee	Brief Description of Restrictions /Limitations
Withdrawal Period	Optional	A period of time you can make withdrawals from your Contract.	None	Only available at purchase of a Qualified Contract that provides variable annuity income. A Contract with a Withdrawal Period cannot also have a Guarantee Period. Withdrawals reduce the amount of variable annuity income and may cause the Withdrawal Period to shorten or end. Partial withdrawals are limited to 2 per calendar year. Any partial withdrawal must be at least $500. Provides lower annuity income than an otherwise identical Contract without a Withdrawal Period.

6(b). Death Benefit

If no Annuitant or Joint Annuitant is alive on the first Annuity Income Date, the Contract will be canceled and we will make a refund equal to your Purchase Payment to your Beneficiary or Beneficiaries.

If your Contract is a joint and survivor annuity and either you or the Joint Annuitant dies before the first Annuity Income Date, we will adjust the annuity income so that it equals what would have been paid under a single life annuity issued to the survivor. This will usually result in greater annuity income.

6(c). Contracts purchased with a Guarantee Period

Overview: If you selected annuity income options I, II, III, or IV on your application, at that time you also had the option to choose to have a Guarantee Period. You were able to choose a number of years from five (5) to forty-five (45). If you chose an income option with a Withdrawal Period, you could not also choose a Guarantee Period. For Contracts purchased with a Guarantee Period, if neither you nor the Joint Annuitant lives to the end of the Guarantee Period, any remaining annuity income will be paid to your Beneficiary or Beneficiaries. For Options III and IV above, if you and the Joint Annuitant die at the same time, the annuity income due to any Beneficiary will be the same as if you died before the Joint Annuitant. A Contract with a Guarantee Period provides lower annuity income than an otherwise identical Contract without a Guarantee Period.

If (a) you chose Option II, III or IV with a Guarantee Period, and (b) an Owner dies before the first Annuity Income Date, and (c) the survivor (whether it is you or the Joint Annuitant) is not the deceased Owner’s spouse, we will adjust the Guarantee Period, as required by the federal income tax laws, so that it is not longer than the life expectancy of the survivor. This may result in a shorter Guarantee Period and a generally higher amount of annuity income.

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Annuity Income to Beneficiary: If a Beneficiary is entitled to annuity income, the Beneficiary may choose (a) to continue receiving annuity income on each remaining Annuity Income Date, or (b) to receive a lump sum instead. The Beneficiary must notify us within 60 days of the date we receive notice of the relevant death to elect a lump sum. Otherwise, the Beneficiary will receive annuity income for the remaining guaranteed Annuity Income Dates.

Lump Sum Payment: A lump sum will become due under a Contract if there are guaranteed Annuity Income Dates remaining and either: (a) a Beneficiary elects a lump sum on the death of the last survivor of you and the Joint Annuitant, (if any), (b) a Beneficiary receiving guaranteed annuity income dies, or (c) the last survivor of you and the Joint Annuitant (if any) dies and the Beneficiary is no longer living. For (b), the lump sum will be paid to the Beneficiary’s estate. For (c), it will go to the estate of the last to die of you and the Joint Annuitant (if any).

Any lump sum attributable to the fixed annuity portion of a Contract will generally be the present value of the annuity income for the remaining guaranteed Annuity Income Dates, discounted at a rate equal to the rate used to determine annuity income payments.

Any lump sum attributable to the variable annuity income portion of a Contract will generally be the present value of the annuity income for the remaining guaranteed Annuity Income Dates, based on interest compounded annually at the Benchmark Rate of Return that EFILI used in determining the annuity income on the first Annuity Income Date.

If EFILI believes that the first annuity income amount due to any Beneficiary will be less than $50, EFILI may instead provide a lump sum for the value of all remaining annuity income. The amount of the lump sum will be determined on the same basis as described above for other lump sums.

6(d). Contracts purchased with a Withdrawal Period

If you purchased a Qualified Contract with a Withdrawal Period, you can withdraw amounts from the variable portion of your Contract by writing to our Annuity Service Center. See How to Make Withdrawals below.

Note – a Withdrawal Period was only available at purchase of a Qualified Contract and only if you allocated a portion or all of your Purchase Payment to variable annuity income.

If you chose a Withdrawal Period, the amount you can withdraw will depend on when you make the withdrawal, how much of your Purchase Payment you allocated to variable annuity income and the investment experience of your Contract. See Withdrawal Value below.

The length of time you can make withdrawals is called the Withdrawal Period or Liquidity Period. See Withdrawal (Liquidity) Period below.

Certain withdrawals will have the effect of ending your Contract, i.e. you will receive no more annuity income. Other withdrawals may shorten the Withdrawal Period. All withdrawals will reduce the amount of variable annuity income. See Effect of Withdrawals below.

How to Make Withdrawals: All requests for withdrawals must be in writing to our Annuity Service Center. You may request to withdraw all of the Withdrawal Value (full withdrawal) or a portion of the Withdrawal Value (partial withdrawal). You may not make more than one withdrawal in any Valuation Period. You may not make more than two partial withdrawals each calendar year. Any partial withdrawal must be for at least $500. You may not make any partial withdrawal that would reduce your variable annuity income below $1,200 per year at the time of the withdrawal.

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EFILI reserves the right to restrict your Contract from withdrawals and/or exchanges if there is reasonable suspicion of fraud, diminished capacity, or inappropriate activity. EFILI also reserves the right to restrict your Contract from withdrawals and/or exchanges if EFILI is put on reasonable notice that the ownership of the Contract is in dispute.

Withdrawal Value: The Withdrawal Value changes each Valuation Period. What follows is an overview of how we determine the Withdrawal Value for each Valuation Period. For a complete description of how the Withdrawal Value is calculated, See Withdrawal Value in the Statement of Additional Information.

The Withdrawal Value for a Valuation Period is the sum of two amounts, which we call Part A and Part B. On the day we issued your Contract, the total of Part A and Part B equaled your Purchase Payment less any federal, state or local taxes we deducted from your Purchase Payment. The amount you can withdraw from your Contract decreases over time, eventually becoming zero.

Part A is based on the portion of your Purchase Payment that provides variable annuity income during the Withdrawal Period. Part B is based on the portion of your Purchase Payment that provides variable annuity income after the Withdrawal Period.

Part A changes (up or down) each Valuation Period based on the investment experience of your Contract. Also, each withdrawal and each annuity income payment reduces the value of Part A. Part A becomes zero at the end of the Withdrawal Period and remains zero thereafter.

Part B also changes (up or down) each Valuation Period based on the investment experience of your Contract. Withdrawals (but not annuity income payments) also reduce the value of Part B. Beginning one year after your first Annuity Income Date, Part B reflects a percentage which declines each day. The percentage declines at a rate of 25% per year, so five years after your first Annuity Income Date Part B becomes zero and remains zero thereafter.

The reductions in the values of Part A and Part B resulting from a withdrawal are in proportion to their values just before the withdrawal.

Withdrawal (Liquidity) Period: When you purchased your Contract we set the Withdrawal Period to be equal to the life expectancy of the Annuitant or Annuitants. Life expectancy is determined to be a period not in excess of that permitted by the Internal Revenue Service. It is always expressed in whole numbers.

If no withdrawals are made from your Contract, then you or your Beneficiaries will receive variable annuity income for the entire length of the Withdrawal Period. In this respect the Withdrawal Period works like a Guarantee Period, i.e., variable annuity income would be guaranteed to last for (1) the life or lives of the Annuitant(s) or (2) the Withdrawal Period, whichever is longer. However, if you make withdrawals, the Withdrawal Period may shorten or end, as described below.

If all the Annuitants die before the end of the Withdrawal Period, each Beneficiary may choose (a) to continue receiving annuity income on each remaining Annuity Income Date, or (b) to receive a lump sum instead. The Beneficiary must notify us within 60 days of the date we receive notice of the relevant death to elect a lump sum. Otherwise, the Beneficiary will receive annuity income for the remaining Annuity Income Dates in the Withdrawal Period.

Effect of Withdrawals: Withdrawals made within five years of the first annuity income date will have different consequences from withdrawals made after the first five years. Full withdrawals will have different consequences from partial withdrawals.

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YOU SHOULD THINK MORE CAREFULLY ABOUT MAKING A WITHDRAWAL THE CLOSER YOU ARE TO THE FIFTH ANNIVERSARY OF YOUR FIRST ANNUITY INCOME DATE. IN MANY CIRCUMSTANCES YOU WILL BE BETTER OFF WAITING UNTIL AFTER THAT DATE TO MAKE A WITHDRAWAL. For example, if you buy a Contract that provides only variable income, withdrawals made after the end of the fifth year of annuity income would reduce your annuity income but would not cause your annuity income to end. In the same Contract, making a full withdrawal before the end of the fifth year would result in the loss of all future annuity income and your Contract would end. See the descriptions below to understand how withdrawals made during your first five years of annuity income may have different effects from withdrawals made later.

• Full Withdrawals During First Five Years

If all of your Purchase Payment is allocated to variable annuity income and you withdraw all of the Withdrawal Value on or before the fifth anniversary of your Contract’s first Annuity Income Date, your Contract will end and you will not receive any more annuity income.

If your Purchase Payment is allocated part to variable annuity income and part to fixed annuity income, and you withdraw all of the Withdrawal Value on or before the fifth anniversary of your Contract’s first Annuity Income Date, you will not receive any more variable annuity income. Fixed annuity income will continue in accordance with the income option you selected.

• Partial Withdrawals During First Five Years

If you withdraw part of the Withdrawal Value on or before the fifth anniversary of your Contract’s first Annuity Income Date, then the amount withdrawn will be subtracted from the Withdrawal Value and all remaining variable annuity income will be reduced, in the same ratio that the amount withdrawn bears to the Withdrawal Value. A partial withdrawal during the first five years will have no impact on the length of the remainder of the Withdrawal Period. See Appendix B for a hypothetical example.

• Full Withdrawals After First Five Years

If you withdraw all of the Withdrawal Value after the fifth anniversary of your Contract’s first Annuity Income Date, you will no longer have a Withdrawal Value, the Withdrawal Period will end, and all remaining variable annuity income will be reduced.

• Partial Withdrawals After First Five Years

If you withdraw part of the Withdrawal Value after the fifth anniversary of your Contract’s first Annuity Income Date, the amount withdrawn will be subtracted from the Withdrawal Value, all remaining variable annuity income will be reduced, and the Withdrawal Period will be reduced.

The Company will allocate partial withdrawals to the Subaccounts in which the Contract is then invested in the same proportion as the value in each Subaccount bears to the Withdrawal Value on the date of the partial withdrawal.

For both full and partial withdrawals made after the first five years, the value of the reduced variable annuity income plus the amount of the withdrawal will be equivalent to the value of the variable annuity income just prior to the withdrawal. The Company will determine equivalence using modified insurance industry mortality tables. See Appendix B for hypothetical examples.

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7. TRADING AMONG SUBACCOUNTS

7(a). Overview

After annuity payments begin you may currently exchange amounts among the Subaccounts without charge. However, excessive exchange activity can disrupt Fund management strategy and increase Fund expenses, which are borne by everyone participating in the Fund regardless of their exchange activity. Therefore, we may limit the number of exchanges permitted, but not to fewer than twelve per calendar year. We may also require you to submit your exchange instructions by mail. Contracts without a liquidity feature may have different exchange provisions and trade minimums. Please refer to your Contract.

You tell us the percentage you want for your new allocation in each Subaccount. Your allocation percentages must be in whole numbers, not fractions. You may change the allocations among the Subaccounts by writing or telephoning the Annuity Service Center or on our Internet website. We will not accept exchange requests via fax or electronic mail.

Important - The amount of the allocation in each Subaccount will change with its investment performance. You should periodically review the allocations in light of market conditions and financial objectives.

7(b). Making Exchanges by Telephone or Internet

EFILI reserves the right to change telephone or Internet exchange provisions, or to eliminate them, and to limit or reject any telephone or Internet exchange at any time.

We will not be responsible for any losses resulting from unauthorized telephone or Internet exchanges if we follow reasonable procedures designed to verify the identity of the caller or Internet user. We may record calls. You should verify the accuracy of your confirmation statements immediately after you receive them and notify the Annuity Service Center promptly of any discrepancies as we will not be responsible for resulting losses due to unit value changes after 10 calendar days from the mailing of the report.

7(c). Effective Date of Exchanges Among Subaccounts

When you exchange among the Subaccounts, we will redeem shares of the appropriate Portfolios at their prices as of the end of the current Valuation Period. Generally, we will credit any Subaccount you transfer to at the same time.

However, we may wait to credit the amount to a new Subaccount until a Subaccount you exchange from becomes liquid. This will happen only if (1) the Subaccount you exchange to invests in a Portfolio that accrues dividends on a daily basis and requires Federal funds before accepting a purchase order, and (2) the Subaccount you exchange from is investing in an equity Portfolio in an illiquid position due to substantial redemptions or exchanges that require it to sell Portfolio securities in order to make funds available.

The Subaccount you exchange from will be liquid when it receives proceeds from sales of Portfolio securities, the purchase of new Contracts, or otherwise. During any period that we wait to credit a Subaccount for this reason, the amount you exchange will be uninvested. After seven days the exchange will be made even if the Subaccount you exchange from is not liquid.

7(d). Use of Market Timing Services

In some cases, we may sell contracts to individuals who independently utilize the services of a firm or individual engaged in market timing. Generally, market timing services obtain authorization from Contract Owner(s) to make exchanges among the Subaccounts on the basis of perceived market trends. Because the large exchange of

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assets associated with market timing services may disrupt the management of the portfolios of the Funds, such transactions may become a detriment to Contract Owners not utilizing the market timing service.

The right to exchange Contract values among Subaccounts may be subject to modification if such rights are executed by a market timing firm or similar third party authorized to initiate exchange transactions on behalf of a Contract Owner(s). In modifying such rights, we may, among other things, decline to accept (1) the exchange instructions of any agent acting under a power of attorney on behalf of more than one Contract Owner, or (2) the exchange instructions of individual Contract Owners who have executed pre-authorized exchange forms which are submitted by market timing firms or other third parties on behalf of more than one Contract Owner at the same time. We will impose such restrictions only if we believe that doing so will prevent harm to other Contract Owners.

7(e). Short-Term Trading Risk

Frequent exchanges among Subaccounts by Contract Owner(s) can reduce the long-term returns of the underlying mutual funds. The reduced returns could adversely affect the Owners, Annuitants, Insureds or Beneficiaries of any variable annuity or variable life insurance contract issued by any insurance company with respect to values allocated to the underlying fund. Frequent exchanges may reduce the mutual fund’s performance by increasing costs paid by the fund (such as brokerage commissions); they can disrupt portfolio management strategies; and they can have the effect of diluting the value of the shares of long-term shareholders in cases in which fluctuations in markets are not fully priced into the fund’s net asset value (“NAV”).

The insurance-dedicated mutual funds available through the Subaccounts are also available in products issued by other insurance companies. These funds carry a significant risk that short-term trading may go undetected. The funds themselves generally cannot detect individual Contract Owner exchange activity because they are owned primarily by insurance company separate accounts that aggregate exchange orders from Owners of individual contracts. Accordingly, the funds are dependent in large part on the rights, ability and willingness of all participating insurance companies to detect and deter short-term trading by Contract Owners. As a result of the adoption of Rule 22c-2 of the 1940 Act, all Funds have entered into information sharing agreements with EFILI that will require EFILI, upon request, to (i) provide the Funds with specific information about Contract Owner transfer activity, and, if so requested by a Fund, (ii) prohibit future transfers into such Fund.

As outlined below, EFILI has adopted policies regarding frequent trading, but can provide no assurance that other insurance companies using the same mutual funds have adopted comparable procedures. There is also the risk that these policies and procedures concerning short-term trading will prove ineffective in whole or in part to detect or prevent frequent trading. Please review the mutual funds’ prospectuses for specific information about the funds’ short-term trading policies and risks.

7(f). EFILI Policies Regarding Frequent Trading

EFILI does not authorize market timing. EFILI has adopted policies and procedures designed to discourage frequent trading (i.e. frequent transfers or exchanges of Contract Value) as described below. If requested by the underlying mutual funds, EFILI will consider additional steps to discourage frequent trading of shares of those funds, not inconsistent with the policies and procedures described below.

Contract Owners who engage in frequent trading may be subject to temporary or permanent restrictions as described below on future purchases or exchanges in a Fund, and potentially in all funds managed by FMR or one of its affiliates. Further, Contract Owners who have engaged in frequent trading in the Funds, or in other funds managed by FMR or one of its affiliates, may be subject to temporary or permanent restrictions on purchases or exchanges in those funds. EFILI may alter its policies, in any manner not inconsistent with the terms of the Contract, at any time without notice to Owners.

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Although there is no minimum holding period and Contract Owners can make withdrawals or exchanges out of any Subaccount at any time, Contract Owners may ordinarily comply with EFILI’s policies regarding frequent trading by allowing 90 days to pass after each purchase or allocation into an Subaccount before they withdraw or exchange out of that Subaccount.

In addition, each underlying mutual fund reserves the right to reject the Variable Account’s entire purchase or exchange transaction at any time, which would make EFILI unable to execute Owner purchase, withdrawal or exchange transactions involving that fund on that trading day. EFILI’s policies and procedures are separate and independent from any policies and procedures of the underlying mutual funds, and do not guarantee that the mutual funds will not reject Variable Account orders.

7(g). Frequent Trading Monitoring and Restriction Procedures

EFILI has adopted policies and procedures related to exchanges among Subaccounts that are set out below. Frequent trading activity is measured by the number of roundtrip transactions by an Owner. A roundtrip transaction occurs when an Owner makes an allocation or exchange into an Subaccount followed by a withdrawal or exchange out of the same Subaccount within 30 days. Owners are limited to one roundtrip transaction per Subaccount within any rolling 90-day period, subject to an overall limit of four roundtrip transactions in the Contract over a rolling 12-month period.

Owners with two or more roundtrip transactions in one Subaccount within a rolling 90-day period will be blocked from making additional allocations or exchanges into that Subaccount, through any means, for 85 days.

In addition, Owners who complete a fourth (or higher) roundtrip transaction, at least two of which are completed on different business days, within any rolling 12-month period will have a U.S. Mail-Only Trade Restriction imposed on all contracts/policies issued by EFILI or its affiliate, that they own. This rule will apply even if the four or more roundtrips occur in two or more different Subaccounts. This restriction will stay in effect for 12 months. If the Owner makes another roundtrip in a contract that is currently subject to a U.S. Mail-Only Trade Restriction, then the U.S. Mail-Only Trade Restriction period (12 months) is re-started and all purchase transactions will be permanently blocked in the violated Subaccount across all contracts with common ownership. “U.S. Mail-Only” for purposes of the U.S. Mail-Only Trade Restriction is defined as First-Class Mail delivered via the U.S. Postal Service. Expedited delivery or courier services, including such services performed by the U.S. Postal Service, will not be accepted.

EFILI further reserves the right to reject specific transactions or impose restrictions as described above in respect of any Contract owned or controlled commonly with a Contract subject to the above restrictions, or in respect to any Contract owned or controlled commonly by a person who is the subject of a complex-wide block.

Exceptions

EFILI has approved the following exceptions to the frequent trading policy:

(1)  Transactions in the Government Money Market Subaccount;

(2)  Annuity payments will not count toward a Subaccount’s roundtrip limits;

(3)  EFILI may suspend the frequent trading policy and make exceptions to the policy for transactions made during periods of severe market turbulence or national emergency. There is no assurance that EFILI will do so or that, if it does so, the underlying mutual funds will make any necessary exceptions to their frequent trading policies.

EFILI may choose not to monitor transactions below certain dollar value thresholds. No other exceptions will be allowed. The Frequent Trading procedures will be applied consistently to all Owners.

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8. CURRENT CHARGES AND OTHER DEDUCTIONS

The following are all the charges we make under the Contract.

8(a). Base Contract Expenses

Base Contract Expenses is the total of two separate charges, a Mortality and Expense Risk Charge and an Administrative Charge.

Mortality and Expense Risk Charge: We deduct a daily asset charge for our assumption of mortality and expense risks. Each day we deduct an amount from the assets of each Subaccount at an effective annual rate of 0.75%. This charge does not affect the amount of fixed annuity income.

The mortality risk is our obligation to provide annuity income for your life (and the life of the Joint Annuitant, if any) no matter how long that might be. The expense risk is our obligation to cover the cost of issuing and administering the Contracts, no matter how large that cost may be. EFILI will realize a gain from the charge for these risks to the extent that it is not needed to provide for benefits and expenses under the Contracts.

Administrative Charges. Each day, a deduction is made from the assets of the Subaccounts at an effective annual rate of 0.25%. We guarantee this charge will never increase. This charge does not affect the amount of fixed annuity income.

Administrative charges compensate us for the expenses we incur in administering the Contracts. These expenses include the cost of issuing the Contract, making electronic funds transfers to your bank account or issuing checks, maintaining necessary systems and records, and providing reports.

8(b). Premium Taxes:

We generally deduct a charge equal to any premium tax that New York require us to pay in connection with your Contract at the time we are required to pay it. Currently, New York does not require us to pay such a tax.

8(c). Expenses of the Funds:

Fees and expenses are deducted from and paid out of the assets of the Funds. These expenses may vary in amount from year to year and are described in the prospectuses for the Funds.

8(d). Other Taxes:

EFILI reserves the right to charge for certain taxes (other than premium taxes) that it may have to fund. Currently, no such charges are being made. See 9(e). EFILI’s Tax Status.

9. TAX CONSIDERATIONS

9(a). Introduction

The below discussion is not exhaustive and is not intended as tax advice. The federal income tax consequences associated with the purchase of an immediate annuity, like the Contract, are complex, and the application of the pertinent tax rules to a particular person may vary according to facts specific to that person. A qualified tax adviser should always be consulted regarding the application of law to individual circumstances. In particular, if you name a Joint Annuitant who is not your spouse (or if the Joint Annuitant is your spouse and you and your spouse do not file joint income tax returns), you should consult a qualified tax adviser as to the tax consequences of your particular arrangement.

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This discussion is based on the Code, Treasury Department regulations, and interpretations existing on the date of this Prospectus all of which are subject to change by Congress, the Treasury Department, and judicial decisions.

This discussion does not address federal estate and gift tax consequences, or state or local tax consequences, associated with the purchase of a Contract. In addition, Empire Fidelity Investments Life Insurance Company makes no guarantee regarding any tax treatment, federal, state, or local, of any Contract or of any transaction involving a Contract.

9(b). Treatment of Distributions

Taxation of Distributions: Regulations under section 401(a)(9) of the Internal Revenue Code addressing required minimum distributions from annuity contracts apply to Contracts issued as IRAs. Your IRA might have a Liquidity Option, under which you may withdraw part or all of the Contract’s “Liquidity Value” during the “Liquidity Period.” It is unclear how the regulations apply with respect to a Liquidity Option. It is possible that the Liquidity Option will need to be modified in order to comply with the regulations.

The portion of an annuity income distribution that is includible in ordinary income may vary depending on the annuity income option selected under the Contract, but generally is the excess of the distribution over the “exclusion amount.”

In the case of a variable annuity income distribution, the exclusion amount is generally the “investment in the contract” allocated to the variable annuity income, adjusted for any guaranteed period, divided by the expected number of periodic annuity income distributions (determined under Treasury Department regulations).

In the case of fixed annuity income distributions, the exclusion amount is generally the amount determined by multiplying the distribution by the ratio (determined under Treasury Department regulations) of (1) the investment in the Contract allocated to the fixed annuity income, adjusted for any guaranteed period, to (2) the “expected return” under the fixed annuity income distributions. For Qualified Contracts, the investment in the Contract is generally zero. When the investment in the contract is zero, annuity income distributions are fully taxable as ordinary income.

After the dollar amount of the investment in the Contract is deemed to be recovered, the entire amount of each annuity income distribution will be fully includible in income. On the other hand, should the annuity income distributions cease before the adjusted investment in the Contract is fully recovered, the person receiving those distributions at the time of their death will be allowed a deduction for the unrecovered amount of the adjusted investment in the Contract.

Where a guaranteed period of annuity income distributions is selected and no Annuitant or Joint Annuitant lives to the end of that period, the annuity income distributions made to the Beneficiary for the remainder of that period are includible in income as follows: (1) if received in a lump sum, they are included in income to the extent that they exceed the unrecovered investment in the contract at the time; or (2) if distributed as annuity income distributions, they are fully excluded from income until the remaining investment in the Contract is deemed to be recovered, and all annuity income distributions thereafter are fully includible in income.

3.8% Tax on Net Investment Income: Federal tax law imposes a 3.8% Medicare tax on the lesser of (1) the taxpayer’s “net investment income,” (from nonqualified annuities, interest, dividends, etc., offset by specified allowable deductions), or (2) the taxpayer’s modified adjusted gross income in excess of a specified income threshold ($250,000 for married couples filing jointly, $125,000 for married couples filing separately, and $200,000 otherwise). “Net investment income” in item 1 does not include distributions from tax-qualified plans (i.e., IRAs, Roth IRAs, or arrangements described in Code Sections 401(a), 403(b), or 457(b)) but such income

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will increase “modified adjusted gross income” in item 2. You should consult your tax advisor regarding the applicability of this tax to income you would receive under this annuity contract.

Penalty Tax: Certain distributions under the Contract may be subject to a penalty tax equal to 10% of the portion of the distribution which is includible in income. Annuity income distributions under Qualified Contracts typically will not be subject to the penalty tax imposed under the Code on premature distributions if the first Annuity Income Date is after you attain age 59^1/2. If you own a Qualified Contract with a Withdrawal Period and the first Annuity Income Date is before you attain age 59^1/2, a withdrawal that is made either before age 59^1/2 or within 5 years of the first Annuity Income Date generally will trigger the application of the penalty tax to the withdrawal and all distributions made prior to the withdrawal. Also, the additional 10% penalty tax generally does not apply to distributions that (1) are made on account of the taxpayer’s death or disability; (2) are made on or after the taxpayer attains age 59^1/2; (3) are part of a series of “substantially equal periodic payments” (not less frequently than annually) over the life (or life expectancy) of the taxpayer or the joint lives (or joint life expectancies) of the taxpayer and his or her Beneficiary; or (4) satisfy some other exception to the penalty tax.

In the case of a Contract held in custody for a minor under the Uniform Gifts to Minors Act or the Uniform Transfers to Minors Act, a distribution under the Contract ordinarily is taxable to the minor. Whether the penalty tax applies to such a distribution ordinarily is determined by the circumstance or characteristics of the minor, not the custodian. Thus, for example, a distribution taxable to a minor will not qualify for the exception to the penalty tax for distributions made on or after age 59^1/2, even if the custodian is 59^1/2 or older.

It is unclear at this time whether annuity distributions under a Non-qualified Contract prior to the recipient attaining age 59^1/2 satisfy an exception to the penalty tax. Accordingly, a prospective purchaser of a Non-qualified Contract who expects to receive distributions prior to attaining age 59^1/2 should consult a qualified tax adviser regarding the application of the penalty tax to those distributions.

Withholding and Reporting: EFILI will, as required by law, withhold and remit to the U.S. Government a part of the taxable portion of each distribution under the Contract, unless a written election not to have any amounts withheld is filed prior to the distribution. Also, EFILI will report all annuity income distributions made while you are alive as being distributed in full to you, even if you name a Joint Annuitant.

9(c). Qualified Contracts

The Contract may be used as an Individual Retirement Annuity under Section 408(b) of the Internal Revenue Code. Section 408(b) of the Code permits eligible individuals to contribute to an individual retirement program known as an “Individual Retirement Annuity.” The Contract also may be issued as a Roth IRA, i.e., an Individual Retirement Annuity that also satisfies the requirements of Section 408A of the Code. A Roth IRA is a type of IRA that satisfies certain additional requirements under section 408A of the Code. Roth IRAs are treated like IRAs in many respects, and thus much of the discussion relating to Contracts issued as Individual Retirement Annuities also applies to Contracts issued as Roth IRAs. However, Roth IRAs differ from other IRAs in several respects. Among the differences is that no portion of a premium payment to a Roth IRA is tax deductible, and “qualified distributions” (discussed below) from a Roth IRA are excludable from gross income. Additionally, the eligibility and mandatory distribution requirements for Roth IRAs differ from non-Roth IRAs. You should seek competent advice as to the tax consequences associated with the use of a Contract as a Qualified Contract.

Because the Contract’s minimum Purchase Payment was greater than the maximum annual contribution permitted to an Individual Retirement Annuity, a Qualified Contract could be purchased only in connection with a “rollover” (including a direct trustee-to-trustee transfer, where permitted). Specifically, a Qualified Contract that is an Individual Retirement Annuity could be purchased only in connection with a rollover of amounts from a qualified 401(a) or a 401(k) plan, a tax-sheltered annuity, or a 403(b) plan, a governmental 457(b) plan, or an IRA. A Qualified Contract that is a Roth IRA could be purchased only in connection with a “qualified rollover contribution” (including a direct trustee-to-trustee transfer, where permitted) of amounts from another Roth IRA,

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i.e., a rollover contribution from another Roth IRA that meets the IRA rollover requirements under Section 408(d)(3) of the Code. The Contract could not be purchased as a Roth IRA with a qualified rollover contribution or a trustee-to-trustee transfer from a non-Roth IRA.

If the Contract is used as a Qualified Contract, you must be the sole Owner of the Contract and the Annuitant. If you name a Joint Annuitant, all distributions made while you are alive must be made to you. Also, if you name a Joint Annuitant who is not your spouse, the annuity income options from which you may select may be limited, depending on the difference in ages between you and the Joint Annuitant. Furthermore, if you choose a Guarantee Period, the length of the period may have to be limited in order to satisfy certain minimum distribution requirements of the Code.

In the case of a Contract with a Withdrawal Value that is issued as an Individual Retirement Annuity, we believe that the annuity income payments thereunder should satisfy the minimum distribution requirements under section 401(a)(9) of the Code. However, it is possible, though unlikely, that the IRS will determine that the annuity income payments do not satisfy those requirements. In addition, we do not know whether the withdrawal of all or a part of the Withdrawal Value constitutes a required minimum distribution which cannot be directly transferred to another IRA or rolled over. Due to this uncertainty, we will not process direct transfers to another IRA but will instead treat all withdrawals of the Withdrawal Value from the Contract as distributions for tax reporting and withholding purposes. Accordingly, we will report such withdrawals on a 1099R form. Owners should consult a tax adviser before withdrawing an amount with the intention of rolling it over to another IRA.

In the Case of a Contract that is issued as a Roth IRA, any “qualified distribution” is excludible from gross income. A “qualified distribution” is a payment or distribution which satisfies two requirements. First, the payment or distribution must be (a) made after the Owner attains age 59^1/2, (b) made after the Owner’s death, (c) attributable to the Owner being disabled, or (d) a qualified first-time homebuyer distribution within the meaning of Section 72(t)(2)(F) of the Code. Second, the payment or distribution must be made in a taxable year that is at least five years after (a) the first taxable year for which a contribution was made to any Roth IRA established for the Owner, or (b) in the case of a payment or distribution properly allocable to a qualified rollover contribution from a non-Roth IRA (or income allocable thereto), the taxable year in which the rollover contribution was made. As mentioned above, the Contract could not be purchased as a Roth IRA with a qualified rollover contribution from a non-Roth IRA.

It should be noted that since the Contract is an immediate annuity contract, annuity income distributions under the Contract will begin within one year after a qualified rollover contribution is made to the Contract. Hence, persons considering making a qualified rollover contribution to the Contract issued as Roth IRA should consult a qualified tax advisor regarding whether distributions from the Contract will satisfy the requirements of a qualified distribution.

A distribution from a Roth IRA which is not a qualified distribution is generally taxed in the same manner as a distribution from a non-Roth IRA. However, such a distribution will be treated as made first from contributions to the Roth IRA to the extent that the distribution, when added to all previous distributions from the Roth IRA, does not exceed the aggregate amount of contributions to the Roth IRA. Generally, all Roth IRAs are aggregated to determine the tax treatment of distributions.

Minimum distributions are not required from a Roth IRA while the Owner is alive. However, if the Owner dies before the entire interest in a Roth IRA is distributed, any remaining interest in the Roth IRA must be distributed in accordance with certain minimum distribution requirements set forth in Section 401(a)(9) of the Code. Hence, it might be necessary in certain circumstances to modify the distributions under an annuity income option after the Owner’s death in order to comply with these after-death distribution requirements under the Code. Persons intending to use the Contract as a Roth IRA should seek competent advice regarding these requirements.

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9(d). Tax Deferral Until Distributions are Made

Under existing provisions of the Code, any increase in the value of the Contract is generally not taxable until distributions are made under one of the Contract’s annuity income options. However, as discussed below, this tax deferral generally applies only if (1) the Owner is an individual, (2) the investments in the Variable Account are adequately diversified in accordance with Treasury Department regulations, (3) EFILI, rather than the Owner, is considered the Owner of the assets of the Variable Account for federal tax purposes, and (4) certain distribution requirements are met in the event that you die.

Non-natural Owner: In certain circumstances, if an Owner were a “non-natural” person, such as a corporation or a trust, the Contract would not be treated as an annuity contract for federal tax purposes, and the Owner would be taxable currently on the income and gain from the assets of the Variable Account. Accordingly, the Contract must be owned by an individual (or individuals), and will not be issued to “non-natural” persons.

Diversification Requirements: For a Contract to be treated as an annuity contract for federal income tax purposes, the investments of the Variable Account must be “adequately diversified.” The Treasury Department has issued regulations which prescribe standards for determining whether the investments of the Variable Account are “adequately diversified.” If the Variable Account failed to comply with these diversification standards, the Contracts would not be treated as annuity contracts for federal income tax purposes, and each Owner would be taxable currently on the income and gain from the assets of the Variable Account. Although EFILI does not control the investments of the Funds, EFILI has entered into agreements with the Funds requiring them to operate in compliance with the Treasury Department regulations so that the Variable Account will be considered “adequately diversified.”

Ownership Treatment: In certain circumstances, variable annuity Contract Owners may be considered the Owners, for federal income tax purposes, of the assets of the separate account used to support their contracts. In those circumstances, income and gains from the separate account assets would be includible in the Contract Owners’ gross income.

The Internal Revenue Service (the “Service”) has stated in published rulings that a variable Contract Owner will be considered the Owner of separate account assets if the Owner possesses incidents of ownership in those assets, such as the ability to exercise investment control over the assets. The Treasury Department subsequently announced, in connection with the issuance of regulations concerning investment diversification, that those regulations “do not provide guidance concerning the circumstances in which investor control of the investments of a segregated asset account may cause the investor, rather than the insurance company, to be treated as the Owner of the assets in the account.” This announcement also stated that guidance would be issued by way of regulations or rulings on the “extent to which policyholders may direct their investments to particular sub-accounts of a separate account without being treated as Owners of the underlying assets.” As of the date of this Prospectus, no such guidance has been issued.

The ownership rights under the Contract are similar to, but different in certain respects from, those described by the Service in rulings in which it was determined that Contract Owners were not Owners of separate account assets. For example, the Owner of the Contract has a choice of more Subaccounts to which to allocate the Purchase Payment, and may be able to transfer among Subaccounts more frequently than in such rulings. These differences could result in the Owner being treated as the Owner of the assets of the Variable Account, and thus income and gain from such assets would be includible in the Owner’s income annually. In addition, it is not known what standards will be set forth in the regulations or rulings which the Treasury Department has stated it expects to issue. The Company therefore reserves the right to modify the Contract as necessary to attempt to prevent the Owner from being considered the Owner of the assets of the Variable Account.

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Distribution Requirements: To qualify as an annuity for federal tax purposes, the Contract must satisfy certain distribution requirements in the event of your death. The Contract contains the required distribution provisions. In certain situations, those provisions may limit the guaranteed period over which annuity income distributions can be made (if such a period is selected).

Important: This discussion of the Tax Considerations assumes that the Contract will be treated as an annuity contract for federal income tax purposes and that EFILI will be treated as the Owner of the Variable Account assets.

9(e). EFILI’s Tax Status

EFILI is taxed as a life insurance company under Subchapter L of the Code. Since the operations of the Variable Account are part of, and are taxed with, the operations of EFILI, the Variable Account is not separately taxed as a “regulated investment company” under Subchapter M of the Code. Under existing federal income tax laws, investment income and capital gains of the Variable Account are not taxed to the extent they are applied to increase reserves under a contract. EFILI does not expect to incur federal income taxes attributable to the Variable Account. Based on this, no charge is being made currently to the Variable Account for federal income taxes. EFILI will periodically review the need for a charge to the Variable Account for its federal income taxes. Such a charge may be made in future years for any federal income taxes that would be attributable to the Contracts.

Under existing laws, EFILI may incur state and local taxes (in addition to premium taxes) in several states. At present, these taxes (other than premium taxes) are not significant and are not charged against the Contracts or the Variable Account. If the amount of these taxes changes substantially, EFILI may make charges for such taxes against the Variable Account.

10. MORE INFORMATION ABOUT THE CONTRACT

You should also be aware of the following important provisions of your Contract.

10(a). Contract Rights

Owner(s): Before the Contract was issued, the Owner(s) also had the right to (a) name the Joint Annuitant, (if any); (b) allocate the Purchase Payment between fixed and variable annuity income; (c) choose an annuity income option; (d) allocate the Purchase Payment among the Subaccounts; (e) choose the Benchmark Rate of Return; (f) name the Beneficiary or Beneficiaries; and (g) select the first Annuity Income Date and the frequency of annuity income payments.

After a Contract is issued, each Owner named in the application has the following rights: (a) the right to change any Beneficiary; (b) the right to cancel the Contract during the free look period; (c) any right to reallocate among the Subaccounts; and (d) the right to instruct us how to vote shares of an investment portfolio attributable to the Contract; and for a Contract that includes a Withdrawal Period, (e) the right to withdraw from the variable portion of the Contract during the Withdrawal Period and the right to surrender the variable portion of the Contract within five years from the first Annuity Income Date.

A Joint Annuitant who is not an Owner when a Contract is issued will succeed to the rights in the paragraph above if he or she survives the Owner. When no Owner or Joint Annuitant is still alive, each Beneficiary will have (a) the right to reallocate among the Subaccounts, and (b) the right to instruct us how to vote shares of an investment portfolio attributable to the Contract, with respect to his or her share of annuity income.

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Annuitant: You have the right to receive annuity income under the terms of the Contract. You also have rights as an Owner as described above.

Joint Annuitant: For Non-qualified Contracts, the Joint Annuitant, (if any), has the right to receive annuity income jointly with you under the terms of the Contract. The Joint Annuitant may also be an Owner, or succeed to the rights of the Owner(s) as described above. For Qualified Contracts, (a) all annuity income during your lifetime must be received only by you, and (b) the Joint Annuitant may not be an Owner.

The Beneficiary (or Beneficiaries) will receive any remaining Withdrawal Period annuity income if neither you nor the Joint Annuitant (if any) survives to the end of the Withdrawal Period.

Surviving Beneficiaries will receive equal shares unless you specify otherwise. If (1) no Beneficiary survives you and the Joint Annuitant (if any); and (2) the Withdrawal Period or Guarantee Period (if any) has not ended; we will provide a lump sum to the estate of the last to die of you and the Joint Annuitant.

Beneficiary(ies): You were allowed to name one or more Beneficiaries when you completed your application. You may change Beneficiaries later, unless you have designated an irrevocable Beneficiary, in which case we will require the consent of the irrevocable Beneficiary in writing. The Beneficiary (or Beneficiaries) will receive (a) annuity income for the remainder of any Guarantee Period after the death(s) of the Annuitant (and Joint Annuitant, if any), and (b) a refund of your Purchase Payment if you (and the Joint Annuitant, if any) do not live to the first Annuity Income Date.

The Beneficiary has choices if you (and the Joint Annuitant, if any) die before the end of the Withdrawal Period or Guarantee Period, if any:

The Beneficiary may choose (a) to continue receiving annuity income on each remaining Annuity Income Date, or (b) to receive the Withdrawal Value plus the present value of fixed annuity income (if any). If a Contract with a Withdrawal Period is within its first five years after the first Annuity Income Date, it will typically be more advantageous for the Beneficiary to choose option (b). The Beneficiary must notify us within 60 days of the date we receive notice of the relevant death to elect a lump sum. Otherwise, the Beneficiary will receive annuity income for the remaining guaranteed Annuity Income Dates.

If a Beneficiary receiving annuity income dies, a lump sum will be provided to the Beneficiary’s estate. The fixed annuity income portion of any lump sum will be the present value of the annuity income for the remaining guaranteed Annuity Income Dates, discounted at a rate equal to the rate used to determine annuity income payment. The variable annuity income portion will be the Withdrawal Value.

A Beneficiary may be a “Primary Beneficiary” or a “Contingent Beneficiary.” No Contingent Beneficiary has the right to proceeds unless all of the Primary Beneficiaries die before proceeds are determined.

10(b). Reports

If part or all of your Purchase Payment is allocated to variable income, we will send you a statement showing the number of Annuity Income Units in each Subaccount, and the value of each Annuity Income Unit, at least once each calendar quarter, and each time you transfer Annuity Income Units among the Subaccounts. If you choose a Withdrawal Period, we will show your Withdrawal Value at least once each calendar quarter.

You should verify the accuracy of your transaction confirmations and quarterly statements immediately after you receive them and notify the Annuity Service Center promptly of any discrepancies as we will not be responsible for resulting losses due to unit value changes after 10 calendar days from the mailing of the report.

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Shareholder reports for funds available under your Contract will be made available on a website, and you will be notified by mail each time a report is posted and provided with a website link to access the report.

Finally, contract owners have access to their Contract information online at Fidelity.com.

10(c). Postponement of Benefits

We will usually send annuity income within seven days of the Annuity Income Date. We will usually send any lump sum distributions to Beneficiaries within seven days of the day we receive proper notice. We will usually send any Death Benefit within seven days after we receive due proof of your death (for a single life Contract) or the deaths of you and the Joint Annuitant (for a joint life Contract). However, we may delay sending these amounts if (1) the disposal or valuation of the Variable Account’s assets is not reasonably practicable because the New York Stock Exchange is closed for other than a regular holiday or weekend, trading is restricted by the SEC, or the SEC declares that an emergency exists; or (2)  the SEC by order permits postponement for any other reason.

10(d). Signature Guarantee or Customer Authentication

Certain requests may require a signature guarantee or a customer authentication. A signature guarantee or a customer authentication is designed to protect you and EFILI from fraud.

Your request must be in writing and may require a signature guarantee if any of the following situations apply:

1. Loss of Account Ownership

2. Any other circumstances where we deem it necessary for your protection

You should be able to obtain a signature guarantee from a bank, broker dealer, credit union (if authorized under state law), securities exchange or association, clearing agency, or savings association. A notary public cannot provide a signature guarantee. A customer authentication can be obtained only at a Fidelity Investments Investor Center.

10(e). Misstatement of Date of Birth or Sex

If the date of birth or sex of you or the Joint Annuitant has been misstated, EFILI will change the benefits to those which the proceeds would have purchased had the correct date(s) of birth and sex(es) been stated.

If the misstatement is not discovered until after the first Annuity Income Date, EFILI will take the following action: (1) if EFILI provided too much annuity income, EFILI will add interest at the rate of 6% per year compounded annually and withhold annuity income on subsequent following Annuity Income Date(s) until it has recovered the excess; (2) if EFILI provided too little annuity income, we will make up the balance plus interest at the rate of 6% per year compounded annually in a lump sum.

10(f). Notification of Death

Any Beneficiary claiming an interest in the Contract must provide us in writing with due proof of your death and the death of the Joint Annuitant, (if any), at the Annuity Service Center. We will not be responsible for any annuity income paid to you or the Joint Annuitant, (if any), before we receive due proof of death at the Annuity Service Center.

You and the Joint Annuitant are each responsible for notifying EFILI of the death of the other. Each Beneficiary is responsible for notifying EFILI of the death of the last surviving Annuitant or Joint Annuitant. Upon the death of the last person with the right to receive annuity income under a Contract, that person’s executor is responsible

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for notifying EFILI. If too much annuity income is provided because EFILI is not notified of a death, EFILI may withhold annuity income on subsequent Annuity Income Dates, or take legal action, until it has recovered any excess amounts.

10(g). Assignment

The Contract may not be assigned.

10(h). Dividends

The Contract is “non-participating.” This means that there are no dividends. Investment results of the Subaccounts are reflected in benefits.

10(i). Written Requests Received at the Company

Any request that is required to be submitted to the Company in writing must be in accordance with the Company’s then current standards and shall not be effective until the date and time that either:

1. The original request is physically received at the Annuity Service Center; or

2. An electronic image of the original request, which has been submitted by an agent of Fidelity, is received at the Annuity Service Center.

All communications to us regarding your Contract should be sent to: Empire Fidelity Investments Life Insurance Company, Annuity Service Center, PO Box 770001, Cincinnati, Ohio 45277-0051

11. MORE INFORMATION ABOUT THE VARIABLE ACCOUNT AND THE FUNDS

11(a). Changes in Subaccounts

We may from time to time make additional Subaccounts available to you. These Subaccounts will invest in investment portfolios that we find suitable for the Contract.

EFILI also has the right to eliminate any Subaccount, to combine two or more Subaccounts, or substitute a new portfolio or fund for the Portfolio in which a Subaccount invests. A substitution may become necessary if, in EFILI’s judgment, a Portfolio or Fund no longer suits the purpose of the Contract. This may happen due to a change in laws or regulations, or a change in a Portfolio’s investment objectives or restrictions, or because the Portfolio is no longer available for investment, or for some other reason. EFILI would obtain prior approval from the SEC and any other required approvals before making such a substitution.

EFILI also reserves the right to operate the Variable Account as a management investment company under the 1940 Act or any other form permitted by law or to deregister the Variable Account under such Act in the event such registration is no longer required. We would obtain any required approval from the SEC before making such changes.

11(b). Voting Rights

EFILI will vote shares of the Funds owned by the Variable Account according to your instructions. However, if the 1940 Act or any related regulations or interpretations should change, and EFILI decides that it is permitted to vote the shares of the Funds in its own right, it may decide to do so.

EFILI calculates the number of shares that you may instruct it to vote by dividing the reserve maintained in each Subaccount to meet the obligations under the Contract by the net asset value of one share of the corresponding Portfolio. Fractional votes will be counted. EFILI reserves the right to modify the manner in which it calculates

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the weight to be given to your voting instructions where such a change is necessary to comply with federal regulations or interpretations of those regulations.

EFILI will determine the number of shares you can instruct it to vote 90 days or less before the applicable Fund shareholder meeting. At least 14 days before the meeting, we will mail you material for providing your voting instructions.

If your voting instructions are not received in time, EFILI will vote the shares in the same proportion as the instructions received with regard to all other contracts issued through the Variable Account. EFILI will also vote shares it holds in the Variable Account that are not attributable to contracts in the same proportionate manner. As a result of proportional voting, the votes of a small number of Owners could determine the outcome of a shareholder vote. Under certain circumstances, EFILI may be required by state regulatory authorities to disregard voting instructions. This may happen if following such instructions would change the sub-classification or investment objectives of the Portfolios, or result in the approval or disapproval of an investment advisory contract.

Under federal regulations, EFILI may also disregard instructions to vote for changes in investment policies or the investment adviser if it disapproves of the proposed changes. EFILI would disapprove a proposed change only if it were contrary to state law, prohibited by state regulatory authorities, or if it decided that the change would result in overly speculative or unsound investments. If EFILI ever disregards voting instructions, it will include a summary of its actions in the next semi-annual report.

11(c). Resolving Material Conflicts

The Funds are available to separate accounts offering variable annuity and variable life products of other participating insurance companies, as well as to the Variable Account and other separate accounts EFILI establishes.

Although EFILI does not anticipate any disadvantages to this, there is a possibility that a material conflict may arise between the interest of the Variable Account and one or more of the other separate accounts participating in a Fund. A conflict may occur due to a change in law affecting the operations of variable life insurance and variable annuity separate accounts, differences in the voting instructions we receive and instructions received by other companies, or some other reason. In the event of a conflict, it is possible that the Variable Account might be required to withdraw its investment in the Funds. In the event of any conflict, we will take any steps necessary to protect Annuitants, Joint Annuitants, and Beneficiaries.

11(d). Total Return for a Subaccount

The Total Return reflects the investment performance of a Subaccount, less all expenses and charges, for the Valuation Period. EFILI determines the Total Return of a Subaccount at the end of each Valuation Period. Such determinations are made as of the close of business each day the New York Stock Exchange is open for business.

Shares of the Funds are valued at net asset value. Any dividends or capital gains distributions of a Portfolio of the Funds are reinvested in shares of that Portfolio.

34

APPENDIX A: FUNDS AVAILABLE UNDER THE CONTRACT

The following is a list of Funds available under the Contract. More information about the Funds is available in the prospectuses for the Funds, which may be amended from time to time and can be found online at www.fidelity.com/FIAreports. You can also request this information at no cost by calling 1-800-634-9361 or by sending an email request to filifunddocuments@fidelity.com.

The current expenses and performance information below reflects fees and expenses of the Funds, but do not reflect the other fees and expenses that your Contract may charge. Expenses would be higher and performance would be lower if these other charges were included. Each Fund’s past performance is not necessarily an indication of future performance.

Investment Objective	Fund & Adviser/Subadviser	Current Expenses	Average Annual Total Returns (as of 12/31/22)
			1 year	5 year	10 year
Seeks long-term capital appreciation	Allspring VT Discovery SMID Cap Growth Fund**† Adviser: Allspring Funds Management, LLC Subadviser: Allspring Global Investments, LLC	1.15%*	-37.85%	4.40%	9.38%
Seeks long-term capital appreciation	Allspring VT Opportunity Fund** Adviser: Allspring Funds Management, LLC Subadviser: Allspring Global Investments, LLC	1.00%*	-20.81%	7.86%	10.68%
Seeks high total investment return	BlackRock Global Allocation V.I. Fund Adviser: BlackRock Advisors, LLC Subadviser: BlackRock (Singapore) Limited	0.92%*	-15.99%	3.34%	4.90%
Seeks to obtain high total return with reduced risk over the long-term by allocating its assets among stocks, bonds, and short-term instruments	Fidelity® Variable Insurance Product (“VIP”) Asset Manager Portfolio Adviser: Fidelity Management & Research Company LLC	0.60%	-14.94%	3.75%	5.66%
Seeks to maximize total return by allocating its assets among stocks, bonds, short-term instruments, and other investments	Fidelity® VIP Asset Manager: Growth Portfolio Adviser: Fidelity Management & Research Company LLC	0.68%	-16.88%	4.73%	7.11%
Seeks income and capital growth consistent with reasonable risk	Fidelity® VIP Balanced Portfolio Adviser: Fidelity Management & Research Company LLC	0.47%	-17.94%	7.21%	8.91%

35

Investment Objective	Fund & Adviser/Subadviser	Current Expenses	Average Annual Total Returns (as of 12/31/22)
			1 year	5 year	10 year
Seeks to provide investment results that correspond to the aggregate price and interest performance of the debt securities in the Bloomberg Barclays U.S. Aggregate Bond Index	Fidelity® VIP Bond Index Portfolio Adviser: Fidelity Management & Research Company LLC	0.14%	-13.19%	—	—
Seeks capital appreciation	Fidelity® VIP Communication Services Portfolio Adviser: Fidelity Management & Research Company LLC	0.68%	-38.14%	4.07%	7.00%
Seeks capital appreciation	Fidelity® VIP Consumer Discretionary Portfolio Adviser: Fidelity Management & Research Company LLC	0.66%	-34.63%	5.98%	10.78%
Seeks capital appreciation	Fidelity® VIP Consumer Staples Portfolio Adviser: Fidelity Management & Research Company LLC	0.65%	-0.62%	7.09%	9.96%
Seeks long-term capital appreciation	Fidelity® VIP Contrafund® Portfolio Adviser: Fidelity Management & Research Company LLC	0.60%	-26.31%	8.66%	11.43%
Seeks capital appreciation	Fidelity® VIP Disciplined Small Cap Portfolio Adviser: Fidelity Management & Research Company LLC	0.48%	-18.23%	4.67%	8.94%
Seeks capital appreciation	Fidelity® VIP Dynamic Capital Appreciation Portfolio Adviser: Fidelity Management & Research Company LLC	0.67%	-20.87%	10.27%	12.45%
Seeks capital appreciation	Fidelity® VIP Emerging Markets Portfolio Adviser: Fidelity Management & Research Company LLC	0.92%	-20.17%	1.71%	4.61%
Seeks capital appreciation	Fidelity® VIP Energy Portfolio Adviser: Fidelity Management & Research Company LLC	0.64%	63.18%	7.19%	4.80%

36

Investment Objective	Fund & Adviser/Subadviser	Current Expenses	Average Annual Total Returns (as of 12/31/22)
			1 year	5 year	10 year
Seeks reasonable income while also considering the potential for capital appreciation. The fund’s goal is to achieve a yield which exceeds the composite yield on the securities comprising the S&P 500® Index	Fidelity® VIP Equity-Income Portfolio Adviser: Fidelity Management & Research Company LLC	0.51%	-4.96%	8.16%	10.19%
Seeks to provide investment results that correspond to the total return of stocks of mid-to small-capitalization U.S. companies	Fidelity® VIP Extended Market Index Portfolio Adviser: Fidelity Management & Research Company LLC Principal Subadviser: Geode Capital Management, LLC	0.13%	-18.13%	—	—
Seeks capital appreciation	Fidelity® VIP Financials Portfolio†† Adviser: Fidelity Management & Research Company LLC	0.65%	-8.33%	6.85%	11.10%
Seeks a high level of current income	Fidelity® VIP Floating Rate High Income Portfolio Adviser: Fidelity Management & Research Company LLC	0.72%	-0.52%	3.17%	—
Seeks high current income and, as a secondary objective, capital appreciation	Fidelity® VIP FundsManager® 20% Portfolio Adviser: Fidelity Management & Research Company LLC	0.54%*	-9.60%	1.94%	2.94%
Seeks high current income and, as a secondary objective, capital appreciation	Fidelity® VIP FundsManager® 30% Portfolio Adviser: Fidelity Management & Research Company LLC	0.59%*	—	—	—
Seeks current income as well as total return. The fund also considers the potential for capital appreciation.	Fidelity® VIP FundsManager® 40% Portfolio Adviser: Fidelity Management & Research Company LLC	0.65%*	—	—	—
Seeks high total return	Fidelity® VIP FundsManager® 50% Portfolio Adviser: Fidelity Management & Research Company LLC	0.70%*	-13.94%	3.82%	5.69%
Seeks high total return	Fidelity® VIP FundsManager® 60% Portfolio Adviser: Fidelity Management & Research Company LLC	0.75%*	-15.06%	4.37%	6.66%

37

Investment Objective	Fund & Adviser/Subadviser	Current Expenses	Average Annual Total Returns (as of 12/31/22)
			1 year	5 year	10 year
Seeks high total return	Fidelity® VIP FundsManager® 70% Portfolio Adviser: Fidelity Management & Research Company LLC	0.78%*	-15.67%	4.93%	7.43%
Seeks high total return	Fidelity® VIP FundsManager® 85% Portfolio Adviser: Fidelity Management & Research Company LLC	0.82%*	-17.07%	5.71%	8.77%
Seeks as high a level of current income as is consistent with preservation of capital and liquidity	Fidelity® VIP Government Money Market Portfolio Adviser: Fidelity Management & Research Company LLC	0.24%	1.44%	1.08%	0.64%
Seeks to achieve capital appreciation	Fidelity® VIP Growth Portfolio Adviser: Fidelity Management & Research Company LLC	0.61%	-24.46%	12.42%	14.81%
Seeks high total return through a combination of current income and capital appreciation	Fidelity® VIP Growth & Income Portfolio Adviser: Fidelity Management & Research Company LLC	0.52%	-4.95%	8.85%	11.58%
Seeks to provide capital growth	Fidelity® VIP Growth Opportunities Portfolio Adviser: Fidelity Management & Research Company LLC	0.63%	-38.15%	13.09%	15.09%
Seeks capital appreciation	Fidelity® VIP Health Care Portfolio Adviser: Fidelity Management & Research Company LLC	0.63%	-12.41%	10.50%	15.07%
Seeks a high level of current income, while also considering growth of capital	Fidelity® VIP High Income Portfolio Adviser: Fidelity Management & Research Company LLC	0.72%	-11.37%	1.10%	2.97%
Seeks investment results that correspond to the total return of common stocks publicly traded in the United States, as represented by the S&P 500® Index	Fidelity® VIP Index 500 Portfolio Adviser: Fidelity Management & Research Company LLC Principal Subadviser: Geode Capital Management, LLC	0.10%	-18.21%	9.30%	12.45%
Seeks capital appreciation	Fidelity® VIP Industrials Portfolio Adviser: Fidelity Management & Research Company LLC	0.66%	10.30%	5.11%	10.04%

38

Investment Objective	Fund & Adviser/Subadviser	Current Expenses	Average Annual Total Returns (as of 12/31/22)
			1 year	5 year	10 year
Seeks capital appreciation	Fidelity® VIP International Capital Appreciation Portfolio Adviser: Fidelity Management & Research Company LLC	0.82%	-26.40%	3.29%	7.25%
Seeks to provide investment results that correspond to the total return of foreign developed and emerging stock markets	Fidelity® VIP International Index Portfolio Adviser: Fidelity Management & Research Company LLC Principal Subadviser: Geode Capital Management, LLC	0.17%	-16.02%	—	—
Seeks as high a level of current income as is consistent with the preservation of capital	Fidelity® VIP Investment Grade Bond Portfolio Adviser: Fidelity Management & Research Company LLC	0.40%	-12.96%	0.64%	1.53%
Seeks capital appreciation	Fidelity® VIP Materials Portfolio Adviser: Fidelity Management & Research Company LLC	0.69%	-9.79%	4.84%	7.17%
Seeks long-term growth of capital	Fidelity® VIP Mid Cap Portfolio Adviser: Fidelity Management & Research Company LLC	0.61%	-14.74%	5.95%	9.96%
Seeks long-term growth of capital	Fidelity® VIP Overseas Portfolio Adviser: Fidelity Management & Research Company LLC	0.77%	-24.48%	2.61%	5.74%
Seeks above-average income and long-term capital growth, consistent with reasonable investment risk. The fund seeks to provide a yield that exceeds the composite yield of the S&P 500® Index	Fidelity® VIP Real Estate Portfolio Adviser: Fidelity Management & Research Company LLC	0.64%	-27.51%	1.70%	5.11%
Seeks a high level of current income. The fund may also seek capital appreciation	Fidelity® VIP Strategic Income Portfolio Adviser: Fidelity Management & Research Company LLC	0.67%	-11.26%	1.35%	2.46%
Seeks capital appreciation	Fidelity® VIP Technology Portfolio Adviser: Fidelity Management & Research Company LLC	0.63%	-35.86%	13.65%	17.08%

39

Investment Objective	Fund & Adviser/Subadviser	Current Expenses	Average Annual Total Returns (as of 12/31/22)
			1 year	5 year	10 year
Seeks to provide investment results that correspond to the total return of a broad range of U.S. stocks	Fidelity® VIP Total Market Index Portfolio Adviser: Fidelity Management & Research Company LLC Principal Subadviser: Geode Capital Management, LLC	0.12%	-19.22%	—	—
Seeks capital appreciation	Fidelity® VIP Utilities Portfolio Adviser: Fidelity Management & Research Company LLC	0.64%	5.47%	10.64%	11.37%
Seeks capital appreciation	Fidelity® VIP Value Portfolio Adviser: Fidelity Management & Research Company LLC	0.64%	-4.11%	8.59%	11.10%
Seeks capital appreciation	Fidelity® VIP Value Strategies Portfolio Adviser: Fidelity Management & Research Company LLC	0.64%	-7.03%	8.38%	10.22%
Seeks income	Franklin U.S. Government Securities VIP Fund Adviser: Franklin Advisers, Inc.	0.76%	-9.75%	-0.58%	0.06%
Seeks long-term capital appreciation by investing primarily in equity securities of issuers throughout the world, including U.S. issuers	Invesco V.I. Global Core Equity Fund Adviser: Invesco Advisers, Inc. Subadviser: Invesco Canada Ltd.	0.98%	-21.88%	1.69%	5.67%
Seeks long-term capital appreciation	Lazard Retirement Emerging Markets Equity Portfolio Adviser: Lazard Asset Management LLC	1.13%	-14.96%	-2.95%	0.13%
Seeks high total return by investing primarily in fixed income-securities of government and government-related issuers and, to a lesser extent, of corporate issuers in emerging market countries	Morgan Stanley Variable Insurance Fund, Inc. (“Morgan Stanley”) Emerging Markets Debt Portfolio Adviser: Morgan Stanley Investment Management Inc.	1.10%*	-18.74%	-2.23%	0.06%
Seeks long-term capital appreciation by investing primarily in growth-oriented equity securities of issuers in emerging market countries	Morgan Stanley Emerging Markets Equity Portfolio Adviser: Morgan Stanley Investment Management Inc.	1.25%*	-25.08%	-2.71%	0.59%

40

Investment Objective	Fund & Adviser/Subadviser	Current Expenses	Average Annual Total Returns (as of 12/31/22)
			1 year	5 year	10 year
Seeks total return	Morgan Stanley Global Strategist Portfolio Adviser: Morgan Stanley Investment Management Inc.	0.90%*	-16.94%	1.91%	4.10%
Seeks maximum real return, consistent with prudent investment management	PIMCO Variable Insurance Trust (“VIT”) CommodityRealReturn® Strategy Portfolio Adviser: Pacific Investment Management Company LLC	1.29%*	8.61%	7.03%	-1.56%
Seeks maximum total return, consistent with preservation of capital and prudent investment management	PIMCO VIT Low Duration Portfolio Adviser: Pacific Investment Management Company LLC	0.67%	-5.74%	0.08%	0.42%
Seeks maximum real return, consistent with preservation of real capital and prudent investment management	PIMCO VIT Real Return Portfolio Adviser: Pacific Investment Management Company LLC	0.77%	-11.90%	1.96%	0.90%
Seeks maximum total return, consistent with preservation of capital and prudent investment management	PIMCO VIT Total Return Portfolio Adviser: Pacific Investment Management Company LLC	0.67%	-14.30%	-0.18%	0.92%
Seeks high current income, consistent with preservation of capital, with capital appreciation as a secondary consideration	Templeton Global Bond VIP Fund Adviser: Franklin Advisers, Inc.	0.77%*	-4.95%	-2.32%	-0.78%

Each Fidelity Subaccount invests in Initial Class shares of each Fund except for the Fidelity^® VIP FundsManager^® Portfolios, which invest in Investor Class shares of each Fund.

* This Fund’s current expenses reflect temporary fee reductions. See the Fund’s prospectus for additional information.

** This Fund is closed to new investments.

† Prior to May 1, 2023, the fund was named Allspring VT Discovery Fund.

†† Prior to April 28, 2023, the fund was named Fidelity^® VIP Financial Services Portfolio.

41

APPENDIX B: Hypothetical Examples Applicable to Contracts with a Withdrawal Period

The below hypothetical examples illustrate the impact withdrawals can have on a Contract’s Withdrawal Value, Annuity Income, and length of Withdrawal Period. These examples are intended to be read in conjunction with 6(d). Contracts purchased with a Withdrawal Period of this Prospectus.

Assumptions

a) Owner’s Date of Birth = June 1, 1943

b) Purchase Payment = $100,000

c) Contract Date = June 1, 2000

d) First Annuity Income Date = July 1, 2000

e) Owner is invested in one Subaccount

I. Partial Withdrawal On or Before the 5^th Anniversary of the First Annuity Income Date

If the Owner withdraws part of the Withdrawal Value on or before the 5^th anniversary of the Contract’s first Annuity Income Date, then

a) the Withdrawal Value is reduced dollar for dollar by the amount of the partial withdrawal:

Date	Activity	Withdrawal Value (after  activity)
		Part A	Part B	Total
9/30/2002	----	$69,026.48	$8,776.06	$77,802.53
10/1/2002	Subaccount Net Investment Factor of 1.003564	$69,272.49	$8,807.33	$78,079.82
10/1/2002	Partial Withdrawal of $10,000	$8,872.00	$1,128.00	$68,079.82

b) All remaining variable annuity income is reduced, in the same ratio that the amount withdrawn bears to the Withdrawal Value before the withdrawal:

i. Percentage reduction of Withdrawal Value = 12.807407%

                             [$10,000 / $78,079.82 = 12.807407%]

ii. 10/1/2002 Variable Annuity Payment (before withdrawal) = $433.66

iii. 10/1/2002 Variable Annuity Payment (after withdrawal) = $378.12

                             [$433.66 x 0.12807407 = $55.54    $433.66 – $55.54 = $378.12]

c) The partial withdrawal has no impact on the length of the Withdrawal Period.

II. Partial Withdrawal After the 5^th Anniversary of the First Annuity Income Date

If the Owner makes a partial withdrawal after the 5^th anniversary of the First Annuity Income Date, then

a) the Withdrawal Value is reduced dollar for dollar by the amount of the partial withdrawal:

Date	Activity	Withdrawal Value (after  activity)
		Part A	Part B	Total
9/30/2010	----	$44,681.27		$44,681.27
10/1/2010	Subaccount Net Investment Factor of 1.003564	$44,840.52		$44,840.52
10/1/2010	Partial Withdrawal of $10,000	$34,840.52		$34,840.52

42

b) All remaining variable annuity income is reduced. The value of the reduced variable annuity income plus the amount of the withdrawal will be equivalent to the value of the variable annuity income just prior to the withdrawal. The Company determines equivalence using modified insurance industry mortality tables.

i. 10/1/2002 Variable Annuity Payment (before withdrawal) = $585.20

ii. 10/1/2002 Variable Annuity Payment (after withdrawal) = $421.96

c) The Withdrawal Period is reduced.

i. Withdrawal Period End Date (before withdrawal) = June 1, 2020

ii. Withdrawal Period End Date (after withdrawal) = July 1, 2018

III. Full Withdrawal After the 5^th Anniversary of the First Annuity Income Date

If the Owner withdraws all of the Withdrawal Value after the 5^th anniversary of the First Annuity Income Date, then

a) There is no longer a Withdrawal Value

Date	Activity	Withdrawal Value (after activity)
		Part A		Part B	Total
9/30/2010	----		$44,681.27			$44,681.27
10/1/2010	Subaccount Net Investment Factor of 1.003564		$44,840.52			$44,840.52
10/1/2010	Full Withdrawal of $44,840.52		$0			$0

b) All remaining variable annuity income is reduced. The value of the reduced variable annuity income plus the amount of the withdrawal will be equivalent to the value of the variable annuity income just prior to the withdrawal. The Company determines equivalence using modified insurance industry mortality tables.

i. 10/1/2002 Variable Annuity Payment (before withdrawal) = $585.20

ii. 10/1/2002 Variable Annuity Payment (after withdrawal) = $150.61

c) The Withdrawal Period ends.

43

We have filed additional information about the Contract and the Variable Account with the Securities and Exchange Commission in a Statement of Additional Information (“SAI”) dated April 29, 2023. The SAI is incorporated by reference in this prospectus and is available, without charge, upon request. To request the SAI, other information about the Contract, or to make investor inquiries, call us at 1-800-544-2442.

Reports and other information about the Variable Account are available on the Securities and Exchange Commission’s website at http://www.sec.gov, and copies of this information may be obtained, upon payment of a duplicating fee, by electronic request at the following email address: publicinfo@sec.gov.

Edgar Contract Identifier C000024024

EFIAL7-PRO-0423

1.756516.124

44

INCOME ADVANTAGE

STATEMENT OF ADDITIONAL INFORMATION

April 29, 2023

This Statement of Additional Information supplements the information found in the current Prospectus for the variable annuity contracts (“Contracts”) offered by Empire Fidelity Investments Life Insurance Company (“EFILI” or the “Company”) through Empire Fidelity Investments Variable Annuity Account A (the “Variable Account”). You may obtain a copy of the Prospectus dated April 29, 2023, without charge by calling 1-800-544-2442.

THIS STATEMENT OF ADDITIONAL INFORMATION IS NOT A PROSPECTUS.

Table of Contents
	PAGE
General Information and History		2
Non-Principal Risks of Investing in the Contract		2
Withdrawal Value		2
Safekeeping of Variable Account Assets		3
Distribution of the Contracts		4
Underwriting Commissions		4
State Regulation		4
Legal Matters		4
Experts		4
Financial Statements		4
Variable Account (enclosed)
Empire Fidelity Investments Life Insurance Company (enclosed)

EFIAL7-PTB-0423

1.756517.123

GENERAL INFORMATION AND HISTORY

Empire Fidelity Investments Life Insurance Company (“EFILI”)

EFILI is a stock life insurance company that was established in 1991 and exists in accordance with the laws, rules and regulations of the State of New York. EFILI issues life insurance and annuity products only in the State of New York. EFILI is part of Fidelity Investments, a group of companies that provides a variety of financial services and products. EFILI is a wholly-owned subsidiary of Fidelity Investments Life Insurance Company. Fidelity Investments Life Insurance Company is a wholly-owned subsidiary of FMR LLC, the parent company of the Fidelity Investments companies. Abigail P. Johnson, certain Johnson family members, and various key employees of FMR LLC own the voting common stock of FMR LLC.

Empire Fidelity Investments Variable Annuity Account A (the “EFILI Variable Account”)

The EFILI Variable Account is a separate investment account of EFILI established pursuant to New York law on July 15, 1991. It is registered with the Securities and Exchange Commission (“SEC”) as a unit investment trust under the Investment Company Act of 1940 (“1940 Act”). It is also a separate account as defined under the federal securities laws.

NON-PRINCIPAL RISKS OF INVESTING IN THE CONTRACT

Considerations Regarding Cybersecurity

With the increased use of technologies such as the Internet to conduct business, our business, including our variable insurance business, is susceptible to operational, information security and related risks. In general, cyber incidents can result from deliberate attacks or unintentional events and may arise from external or internal sources. Cyber attacks include, but are not limited to, gaining unauthorized access to digital systems (e.g., through “hacking” or malicious software coding) for purposes of misappropriating assets or sensitive information; corrupting data, equipment or systems; or causing operational disruption. Cyber attacks may also be carried out in a manner that does not require gaining unauthorized access, such as causing denial-of-service attacks on websites (i.e., efforts to make network services unavailable to intended users). Cyber incidents affecting EFILI, the Funds, and any affiliated or unaffiliated vendors or service providers have the ability to cause disruptions and impact business operations, potentially resulting in financial losses, interference with our processing of policy transactions (including surrenders, withdrawals, annuity income payments, and insurance proceeds), our ability to calculate Accumulation Unit Values and Annuity Income Unit Values, destruction to equipment and systems, violations of applicable privacy and other laws, regulatory fines, penalties, reputational damage, reimbursement or other compensation costs, or additional compliance costs. In addition, substantial costs may be incurred in order to prevent any cyber incidents in the future. While EFILI has established business continuity plans in the event of, and risk management systems to prevent, such cyber incidents, there are inherent limitations in such plans and systems including the possibility that certain risks have not been identified. Furthermore, EFILI cannot control the cyber security plans and systems put in place by its service providers or any other third parties whose operations may affect its business. A variable insurance product and its Owners, Annuitants, Insureds, and Beneficiaries could be negatively impacted as a result.

WITHDRAWAL VALUE

If your Contract has a Withdrawal (Liquidity) Period, the following provisions are applicable. Note the below provisions only apply to the portion of your Contract allocated to variable annuity income. Withdrawals are not available for any allocations to fixed income.

The amount you can withdraw from this Contract at the close of a Valuation Period is called the Withdrawal Value. There are two parts to your Withdrawal Value, Part A and Part B. The sum of Part A and Part B equals your Withdrawal Value.

2

• Part A

Part A is based on the portion of your Purchase Payment that provides variable annuity income during the Withdrawal Period. On the Contract Date, Part A equals this portion of the Purchase Payment less any deductions made from this portion for state, federal or local taxes.

At the end of each subsequent Valuation Period, a new value for Part A is computed, as follows:

(1) Start with Part A at the close of the prior Valuation Period.

(2) With respect to each variable Subaccount to which your Contract is allocated, multiply (1) by the Net Investment Factor for the applicable Subaccount. See Net Investment Factor in the Glossary of the Prospectus. Then add the values for each variable Subaccount together.

(3) If an Annuity Income Date occurs during the Valuation Period, subtract from (2) an amount equal to the amount of the variable annuity income payment for that Annuity Income Date.

(4) Subtract from (3) an amount attributable to any withdrawals made during the Valuation Period. To determine the amount subtracted, multiply the amount of the withdrawal by a fraction, the numerator of which is the value of Part A at the close of the current Valuation Period and the denominator of which is the sum of Part A and Part B at the close of the current Valuation Period, without regard to the withdrawal during the Valuation Period.

Part A becomes zero at the end of your Withdrawal Period and remains zero thereafter.

• Part B

Part B is based on the remainder of your variable Purchase Payment and reflects the portion of your Purchase Payment that provides variable annuity income after the Withdrawal Period. On the Contract Date, Part B equals this portion of the Purchase Payment less any deductions made from this portion for state, federal or local taxes.

At the end of each subsequent Valuation Period, a new value for Part B is computed, as follows:

(1) Start with Part B at the close of the prior Valuation Period.

(2) With respect to each variable Subaccount to which your Contract is allocated, multiply (1) by the Net Investment Factor for the applicable Subaccount. Then add the values for each variable Subaccount together.

(3) Subtract from (2) an amount attributable to any withdrawals made during the Valuation Period. To determine the amount subtracted, multiply the amount of the withdrawal by a fraction, the numerator of which is the value of Part B at the close of the current Valuation Period and the denominator of which is the sum of Part A and Part B at the close of the current Valuation Period, without regard to the withdrawal during the Valuation Period.

(4) Multiply (3) by a fraction, the numerator of which is the percentage factor at the end of the current Valuation Period, and the denominator of which is the percentage factor at the end of the prior Valuation Period.

The percentage factor is 100% until one year after your first Annuity Income Date. The percentage factor then declines daily at a rate of 25% each year, becoming zero on the fifth anniversary of your first Annuity Income Date and remaining at zero thereafter. Thus Part B becomes zero on the fifth anniversary of your first Annuity Income Date and remains zero thereafter.

SAFEKEEPING OF VARIABLE ACCOUNT ASSETS

The assets of the Variable Account are held by EFILI. The assets of the Variable Account are held apart from our general account assets and any other separate accounts we may establish. We maintain records of all purchases and redemptions of the shares of the Funds held by the Subaccounts. We maintain fidelity bond coverage for the acts of our officers and employees.

3

DISTRIBUTION OF THE CONTRACTS

As explained in the Prospectus, the Contracts are distributed through Fidelity Brokerage Services LLC (“FBS”) and Fidelity Insurance Agency, Inc. (“FIA”). FBS is the principal underwriter. FIA is a wholly-owned, direct subsidiary of FMR LLC; and FBS and EFILI are wholly-owned, indirect subsidiaries of FMR LLC. The principal business address of FBS is 900 Salem Street, Smithfield, Rhode Island 02917. The Contracts are no longer sold, but were offered to the public on a continuing basis. You may continue to make exchanges among the Subaccounts.

UNDERWRITING COMMISSIONS

Year	Underwriting Commissions Paid to FBS	Amount of Underwriting Commissions Retained by  FBS
2022	$774,318	$774,318
2021	$1,306,709	$1,306,709
2020	$986,070	$986,070

STATE REGULATION

EFILI is subject to regulation by the Department of Insurance of the State of New York, which periodically examines our financial condition and operations. The Contract described in the Prospectus and Statement of Additional Information has been filed with and, where required, approved by, insurance officials in those jurisdictions where it is sold.

We are required to submit annual statements of our operations, including financial statements, to the insurance departments of the various jurisdictions where we do business to determine solvency and compliance with applicable insurance laws and regulations.

LEGAL MATTERS

The legal validity of the Contracts described in the Prospectus and Statement of Additional Information has been passed on by Lance A. Warrick, General Counsel of Empire Fidelity Investments Life Insurance Company.

EXPERTS

The financial statements of the Company as of December 31, 2022 and 2021 and for each of the three years in the period ended December 31, 2022, and the financial statements of each of the subaccounts of Empire Fidelity Investments Variable Annuity Account A as of December 31, 2022 and for each of the periods indicated, included in this Statement of Additional Information constituting part of this Registration Statement, have been so included in reliance on the reports of PricewaterhouseCoopers LLP, an independent registered public accounting firm, given on the authority of said firm as experts in auditing and accounting. The principal business address for PricewaterhouseCoopers LLP is 101 Seaport Boulevard, Boston, MA 02210.

FINANCIAL STATEMENTS

The financial statements of Empire Fidelity Investments Life Insurance Company included herein should be distinguished from the financial statements of the Variable Account and should be considered only as bearing upon our ability to meet our obligations under the Contracts.

4

Empire Fidelity(R) Investments Variable Annuity Account A Annual Report December 31, 2021 Empire Fidelity Investments Life Insurance Company(R)

This report and the financial statements contained herein are submitted for the general information of Empire Fidelity Investments Life Insurance Company variable annuity owners. This report is not authorized for distribution to prospective investors unless preceded or accompanied by an effective prospectus. Neither Empire Fidelity Investments Life Insurance Company nor Fidelity Brokerage Services LLC is a bank, and neither the annuities nor mutual fund shares are backed or guaranteed by any bank or insured by the FDIC.

Empire Fidelity Investments Variable Annuity Account A

Statements of Assets and Liabilities

December 31, 2022

(In thousands, except per unit data)	Subaccounts Investing In:
	VIP – Government Money Market Initial Class		VIP – Government Money Market Investor Class		VIP – High Income Initial Class		VIP – High Income Investor Class		VIP – Equity-Income Initial Class		VIP – Equity-Income Investor Class		VIP – Growth Initial Class		VIP – Growth Investor Class
Assets:
Investments	$	24,234	$	216,581	$	4,256	$	27,139	$	40,511	$	55,573	$	57,596	$	53,076
Receivable from EFILI		—		—		2		—		—		—		6		1
Total Assets		24,234		216,581		4,258		27,139		40,511		55,573		57,602		53,077
Liabilities:
Payable to EFILI		—		1		—		—		9		—		—		—
	$	24,234	$	216,580	$	4,258	$	27,139	$	40,502	$	55,573	$	57,602	$	53,077
Net Assets:
Fidelity Retirement Reserves		23,866		—		3,555		—		37,135		—		54,783		—
Fidelity Income Advantage		368		—		703		—		3,367		—		2,819		—
Fidelity Personal Retirement		—		215,734		—		27,139		—		55,573		—		53,077
Fidelity Freedom Lifetime		—		—		—		—		—		—		—		—
Fidelity Growth & Guaranteed Income		—		846		—		—		—		—		—		—
Total net assets	$	24,234	$	216,580	$	4,258	$	27,139	$	40,502	$	55,573	$	57,602	$	53,077
Units Outstanding and Unit Value:
Fidelity Retirement Reserves:
Units outstanding		1,132		—		64		—		225		—		210		—
Unit value	$	21.08	$	—	$	55.69	$	—	$	165.17	$	—	$	260.60	$	—
Fidelity Income Advantage:
Units outstanding		18		—		13		—		21		—		11		—
Unit value	$	20.10	$	—	$	53.10	$	—	$	157.48	$	—	$	248.48	$	—
Fidelity Personal Retirement:
Units outstanding		—		19,559		—		1,483		—		1,619		—		997
Highest value	$	—	$	11.85	$	—	$	25.80	$	—	$	52.41	$	—	$	78.28
Lowest Value	$	—	$	10.39	$	—	$	16.53	$	—	$	31.74	$	—	$	50.59
Fidelity Freedom Lifetime Income:
Units outstanding		—		—		—		—		—		—		—		—
Units value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Single Annuitant):
Units outstanding		—		75		—		—		—		—		—		—
Highest value	$	—	$	9.50	$	—	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	9.03	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Joint Annuitant):
Units outstanding		—		15		—		—		—		—		—		—
Highest value	$	—	$	9.28	$	—	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	8.96	$	—	$	—	$	—	$	—	$	—	$	—

See accompanying notes which are an integral part of the financial statements.

3 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Assets and Liabilities - continued

December 31, 2022

(In thousands, except per unit data)	Subaccounts Investing In:
	VIP – Overseas Initial Class		VIP – Overseas Investor Class		VIP – Investment Grade Bond Initial Class		VIP – Investment Grade Bond Investor Class		VIP – Asset Manager Initial Class		VIP – Asset Manager Investor Class		VIP – Index 500 Initial Class		VIP – Asset Manager Growth Initial Class
Assets:
Investments	$	6,589	$	18,540	$	11,504	$	59,176	$	20,904	$	22,790	$	342,370	$	6,322
Receivable from EFILI		—		—		5		—		2		—		—		—
Total Assets		6,589		18,540		11,509		59,176		20,906		22,790		342,370		6,322
Liabilities:
Payable to EFILI		—		—		—		—		—		—		8		12
	$	6,589	$	18,540	$	11,509	$	59,176	$	20,906	$	22,790	$	342,362	$	6,310
Net Assets:
Fidelity Retirement Reserves		6,318		—		10,035		—		20,015		—		49,991		6,091
Fidelity Income Advantage		271		—		1,474		—		891		—		3,334		219
Fidelity Personal Retirement		—		18,540		—		59,176		—		22,790		289,037		—
Fidelity Freedom Lifetime		—		—		—		—		—		—		—		—
Fidelity Growth & Guaranteed Income		—		—		—		—		—		—		—		—
Total net assets	$	6,589	$	18,540	$	11,509	$	59,176	$	20,906	$	22,790	$	342,362	$	6,310
Units Outstanding and Unit Value:
Fidelity Retirement Reserves:
Units outstanding		106		—		234		—		286		—		403		121
Unit value	$	59.42	$	—	$	42.95	$	—	$	69.92	$	—	$	124.04	$	50.34
Fidelity Income Advantage:
Units outstanding		5		—		36		—		13		—		28		5
Unit value	$	56.66	$	—	$	40.95	$	—	$	66.66	$	—	$	118.27	$	48.00
Fidelity Personal Retirement:
Units outstanding		—		904		—		4,075		—		1,029		6,658		—
Highest value	$	—	$	27.75	$	—	$	16.68	$	—	$	28.82	$	60.81	$	—
Lowest Value	$	—	$	20.27	$	—	$	12.99	$	—	$	20.62	$	41.74	$	—
Fidelity Freedom Lifetime Income:
Units outstanding		—		—		—		—		—		—		—		—
Units value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Single Annuitant):
Units outstanding		—		—		—		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Joint Annuitant):
Units outstanding		—		—		—		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—

See accompanying notes which are an integral part of the financial statements.

4 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Assets and Liabilities - continued

December 31, 2022

(In thousands, except per unit data)	Subaccounts Investing In:
	VIP – Asset Manager Growth Investor Class		VIP – Contrafund Initial Class		VIP – Contrafund Investor Class		VIP – Balanced Initial Class		VIP – Balanced Investor Class		VIP – Dynamic Capital Appreciation Initial Class		VIP – Dynamic Capital Appreciation Investor Class		VIP – Growth & Income Initial Class
Assets:
Investments	$	10,339	$	113,097	$	169,788	$	13,536	$	266,472	$	1,577	$	10,846	$	16,056
Receivable from EFILI		—		1		1		4		—		1		—		6
Total Assets		10,339		113,098		169,789		13,540		266,472		1,578		10,846		16,062
Liabilities:
Payable to EFILI		—		9		—		—		—		—		—		—
	$	10,339	$	113,089	$	169,789	$	13,540	$	266,472	$	1,578	$	10,846	$	16,062
Net Assets:
Fidelity Retirement Reserves		—		107,329		—		12,370		—		1,529		—		14,430
Fidelity Income Advantage		—		5,760		—		1,170		—		49		—		1,632
Fidelity Personal Retirement		10,339		—		169,789		—		214,676		—		10,846		—
Fidelity Freedom Lifetime		—		—		—		—		—		—		—		—
Fidelity Growth & Guaranteed Income		—		—		—		—		51,796		—		—		—
Total net assets	$	10,339	$	113,089	$	169,789	$	13,540	$	266,472	$	1,578	$	10,846	$	16,062
Units Outstanding and Unit Value:
Fidelity Retirement Reserves:
Units outstanding		—		766		—		265		—		29		—		244
Unit value	$	—	$	140.20	$	—	$	46.65	$	—	$	51.98	$	—	$	59.05
Fidelity Income Advantage:
Units outstanding		—		43		—		26		—		1		—		29
Unit value	$	—	$	133.68	$	—	$	44.48	$	—	$	50.00	$	—	$	56.30
Fidelity Personal Retirement:
Units outstanding		395		—		4,247		—		6,634		—		236		—
Highest value	$	34.97	$	—	$	58.40	$	—	$	46.50	$	—	$	69.64	$	—
Lowest Value	$	24.26	$	—	$	38.69	$	—	$	29.46	$	—	$	44.32	$	—
Fidelity Freedom Lifetime Income:
Units outstanding		—		—		—		—		—		—		—		—
Units value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Single Annuitant):
Units outstanding		—		—		—		—		1,388		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	40.41	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	23.63	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Joint Annuitant):
Units outstanding		—		—		—		—		681		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	39.55	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	23.08	$	—	$	—	$	—

See accompanying notes which are an integral part of the financial statements.

5 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Assets and Liabilities - continued

December 31, 2022

(In thousands, except per unit data)	Subaccounts Investing In:
	VIP – Growth & Income Investor Class		VIP – Growth Opportunities Initial Class		VIP – Growth Opportunities Investor Class		VIP – Mid Cap Initial Class		VIP – Mid Cap Investor Class		VIP – Value Strategies Initial Class		VIP – Value Strategies Investor Class		VIP – Utilities Initial Class
Assets:
Investments	$	34,095	$	13,782	$	53,464	$	24,368	$	54,232	$	4,790	$	18,509	$	7,287
Receivable from EFILI		—		7		—		5		—		1		—		10
Total Assets		34,095		13,789		53,464		24,373		54,232		4,791		18,509		7,297
Liabilities:
Payable to EFILI		—		—		—		—		—		—		—		—
	$	34,095	$	13,789	$	53,464	$	24,373	$	54,232	$	4,791	$	18,509	$	7,297
Net Assets:
Fidelity Retirement Reserves		—		12,748		—		21,875		—		4,356		—		7,056
Fidelity Income Advantage		—		1,041		—		2,498		—		435		—		241
Fidelity Personal Retirement		34,095		—		53,464		—		54,232		—		18,509		—
Fidelity Freedom Lifetime		—		—		—		—		—		—		—		—
Fidelity Growth & Guaranteed Income		—		—		—		—		—		—		—		—
Total net assets	$	34,095	$	13,789	$	53,464	$	24,373	$	54,232	$	4,791	$	18,509	$	7,297
Units Outstanding and Unit Value:
Fidelity Retirement Reserves:
Units outstanding		—		215		—		345		—		103		—		170
Unit value	$	—	$	59.42	$	—	$	63.47	$	—	$	42.14	$	—	$	41.51
Fidelity Income Advantage:
Units outstanding		—		18		—		41		—		11		—		6
Unit value	$	—	$	56.66	$	—	$	60.64	$	—	$	40.54	$	—	$	39.75
Fidelity Personal Retirement:
Units outstanding		834		—		933		—		1,624		—		501		—
Highest value	$	56.71	$	—	$	97.71	$	—	$	53.16	$	—	$	74.63	$	—
Lowest Value	$	38.57	$	—	$	52.77	$	—	$	30.15	$	—	$	35.68	$	—
Fidelity Freedom Lifetime Income:
Units outstanding		—		—		—		—		—		—		—		—
Units value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Single Annuitant):
Units outstanding		—		—		—		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Joint Annuitant):
Units outstanding		—		—		—		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—

See accompanying notes which are an integral part of the financial statements.

6 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Assets and Liabilities - continued

December 31, 2022

(In thousands, except per unit data)	Subaccounts Investing In:
	VIP – Utilities Investor Class		VIP – Technology Initial Class		VIP – Technology Investor Class		VIP – Energy Initial Class		VIP – Energy Investor Class		VIP – Health Care Initial Class		VIP – Health Care Investor Class		VIP – Financial Services Initial Class
Assets:
Investments	$	17,683	$	18,816	$	80,511	$	7,367	$	29,035	$	12,730	$	63,661	$	1,036
Receivable from EFILI		—		3		—		2		1		3		—		—
Total Assets		17,683		18,819		80,511		7,369		29,036		12,733		63,661		1,036
Liabilities:
Payable to EFILI		—		—		—		—		—		—		—		—
	$	17,683	$	18,819	$	80,511	$	7,369	$	29,036	$	12,733	$	63,661	$	1,036
Net Assets:
Fidelity Retirement Reserves		—		18,056		—		6,471		—		12,141		—		987
Fidelity Income Advantage		—		763		—		898		—		592		—		49
Fidelity Personal Retirement		17,683		—		80,511		—		29,036		—		63,661		—
Fidelity Freedom Lifetime		—		—		—		—		—		—		—		—
Fidelity Growth & Guaranteed Income		—		—		—		—		—		—		—		—
Total net assets	$	17,683	$	18,819	$	80,511	$	7,369	$	29,036	$	12,733	$	63,661	$	1,036
Units Outstanding and Unit Value:
Fidelity Retirement Reserves:
Units outstanding		—		259		—		178		—		175		—		43
Unit value	$	—	$	69.59	$	—	$	36.43	$	—	$	69.47	$	—	$	23.04
Fidelity Income Advantage:
Units outstanding		—		11		—		26		—		9		—		2
Unit value	$	—	$	66.65	$	—	$	34.89	$	—	$	66.53	$	—	$	22.07
Fidelity Personal Retirement:
Units outstanding		445		—		1,166		—		1,342		—		998		—
Highest value	$	45.18	$	—	$	143.38	$	—	$	30.15	$	—	$	90.40	$	—
Lowest Value	$	36.63	$	—	$	62.45	$	—	$	20.48	$	—	$	62.36	$	—
Fidelity Freedom Lifetime Income:
Units outstanding		—		—		—		—		—		—		—		—
Units value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Single Annuitant):
Units outstanding		—		—		—		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Joint Annuitant):
Units outstanding		—		—		—		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—

See accompanying notes which are an integral part of the financial statements.

7 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Assets and Liabilities - continued

December 31, 2022

(In thousands, except per unit data)	Subaccounts Investing In:
	VIP – Financial Services Investor Class		VIP – Industrials Initial Class		VIP – Industrials Investor Class		VIP – Consumer Discretionary Initial Class		VIP – Consumer Discretionary Investor Class		VIP – Real Estate Initial Class		VIP – Real Estate Investor Class		VIP – Strategic Income Initial Class
Assets:
Investments	$	16,983	$	1,808	$	15,218	$	1,324	$	16,022	$	2,564	$	15,276	$	3,918
Receivable from EFILI		—		—		1		1		—		—		1		1
Total Assets		16,983		1,808		15,219		1,325		16,022		2,564		15,277		3,919
Liabilities:
Payable to EFILI		—		—		—		—		—		—		—		—
	$	16,983	$	1,808	$	15,219	$	1,325	$	16,022	$	2,564	$	15,277	$	3,919
Net Assets:
Fidelity Retirement Reserves		—		1,762		—		1,241		—		2,429		—		3,272
Fidelity Income Advantage		—		46		—		84		—		135		—		647
Fidelity Personal Retirement		16,983		—		15,219		—		16,022		—		15,277		—
Fidelity Freedom Lifetime		—		—		—		—		—		—		—		—
Fidelity Growth & Guaranteed Income		—		—		—		—		—		—		—		—
Total net assets	$	16,983	$	1,808	$	15,219	$	1,325	$	16,022	$	2,564	$	15,277	$	3,919
Units Outstanding and Unit Value:
Fidelity Retirement Reserves:
Units outstanding		—		29		—		31		—		65		—		157
Unit value	$	—	$	59.83	$	—	$	40.12	$	—	$	37.35	$	—	$	20.89
Fidelity Income Advantage:
Units outstanding		—		1		—		2		—		4		—		32
Unit value	$	—	$	57.30	$	—	$	38.43	$	—	$	35.92	$	—	$	20.12
Fidelity Personal Retirement:
Units outstanding		632		—		398		—		404		—		646		—
Highest value	$	51.03	$	—	$	61.76	$	—	$	70.90	$	—	$	53.92	$	—
Lowest Value	$	20.33	$	—	$	35.48	$	—	$	39.22	$	—	$	22.42	$	—
Fidelity Freedom Lifetime Income:
Units outstanding		—		—		—		—		—		—		—		—
Units value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Single Annuitant):
Units outstanding		—		—		—		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Joint Annuitant):
Units outstanding		—		—		—		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—

See accompanying notes which are an integral part of the financial statements.

8 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Assets and Liabilities - continued

December 31, 2022

(In thousands, except per unit data)	Subaccounts Investing In:
	VIP – Strategic Income Investor Class		VIP – International Capital Appreciation Initial Class		VIP – International Capital Appreciation Investor Class		VIP – Value Initial Class		VIP – Value Investor Class
Assets:
Investments	$	53,511	$	1,786	$	27,633	$	2,723	$	27,883
Receivable from EFILI		—		1		—		1		—
Total Assets		53,511		1,786		27,633		2,724		27,883
Liabilities:
Payable to EFILI		—		—		—		—		—
	$	53,511	$	1,787	$	27,633	$	2,724	$	27,883
Net Assets:
Fidelity Retirement Reserves		—		1,706		—		2,050		—
Fidelity Income Advantage		—		81		—		674		—
Fidelity Personal Retirement		53,511		—		27,633		—		27,883
Fidelity Freedom Lifetime		—		—		—		—		—
Fidelity Growth & Guaranteed Income		—		—		—		—		—
Total net assets	$	53,511	$	1,787	$	27,633	$	2,724	$	27,883
Units Outstanding and Unit Value:
Fidelity Retirement Reserves:
Units outstanding		—		72		—		62		—
Unit value	$	—	$	23.59	$	—	$	33.05	$	—
Fidelity Income Advantage:
Units outstanding		—		4		—		21		—
Unit value	$	—	$	22.78	$	—	$	31.91	$	—
Fidelity Personal Retirement:
Units outstanding		3,103		—		1,077		—		741
Highest value	$	21.38	$	—	$	48.67	$	—	$	66.83
Lowest Value	$	14.88	$	—	$	24.16	$	—	$	34.53
Fidelity Freedom Lifetime Income:
Units outstanding		—		—		—		—		—
Units value	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Single Annuitant):
Units outstanding		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Joint Annuitant):
Units outstanding		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	—

See accompanying notes which are an integral part of the financial statements.

9 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Assets and Liabilities - continued

December 31, 2022

(In thousands, except per unit data)	Subaccounts Investing In:
	VIP – Freedom Income Initial Class		VIP – Freedom Income Investor Class		VIP – Freedom 2005 Initial Class		VIP – Investor Freedom 2005 Investor Class		VIP – Freedom 2010 Initial Class		VIP – Investor Freedom 2010 Investor Class
Assets:
Investments	$	862	$	3,107	$	763	$	2,127	$	866	$	5,002
Receivable from EFILI		—		—		—		—		—		—
Total Assets		862		3,107		763		2,127		866		5,002
Liabilities:
Payable to EFILI		—		—		—		—		—		—
	$	862	$	3,107	$	763	$	2,127	$	866	$	5,002
Net Assets:
Fidelity Retirement Reserves		862		—		763		—		866		—
Fidelity Income Advantage		—		—		—		—		—		—
Fidelity Personal Retirement		—		3,107		—		2,127		—		5,002
Fidelity Freedom Lifetime		—		—		—		—		—		—
Fidelity Growth & Guaranteed Income		—		—		—		—		—		—
Total net assets	$	862	$	3,107	$	763	$	2,127	$	866	$	5,002
Units Outstanding and Unit Value:
Fidelity Retirement Reserves:
Units outstanding		52		—		41		—		42		—
Unit value	$	16.56	$	—	$	18.60	$	—	$	20.79	$	—
Fidelity Income Advantage:
Units outstanding		—		—		—		—		—		—
Unit value	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Personal Retirement:
Units outstanding		—		183		—		109		—		219
Highest value	$	—	$	18.35	$	—	$	23.44	$	—	$	26.65
Lowest Value	$	—	$	15.08	$	—	$	17.36	$	—	$	19.38
Fidelity Freedom Lifetime Income:
Units outstanding		—		—		—		—		—		—
Units value	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Single Annuitant):
Units outstanding		—		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Joint Annuitant):
Units outstanding		—		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	—	$	—

See accompanying notes which are an integral part of the financial statements.

10 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Assets and Liabilities - continued

December 31, 2022

(In thousands, except per unit data)	Subaccounts Investing In:
	VIP – Freedom 2015 Initial Class		VIP – Investor Freedom 2015 Investor Class		VIP – Freedom 2020 Initial Class		VIP – Investor Freedom 2020 Investor Class		VIP – Freedom 2025 Initial Class		VIP – Investor Freedom 2025 Investor Class		VIP – Freedom 2030 Initial Class		VIP – Investor Freedom 2030 Investor Class
Assets:
Investments	$	1,024	$	9,370	$	1,929	$	15,606	$	1,751	$	17,046	$	1,334	$	21,357
Receivable from EFILI		—		1		—		—		—		—		—		—
Total Assets		1,024		9,371		1,929		15,606		1,751		17,046		1,334		21,357
Liabilities:
Payable to EFILI		—		—		—		—		—		—		—		—
	$	1,024	$	9,371	$	1,929	$	15,606	$	1,751	$	17,046	$	1,334	$	21,357
Net Assets:
Fidelity Retirement Reserves		1,024		—		1,929		—		1,751		—		1,334		—
Fidelity Income Advantage		—		—		—		—		—		—		—		—
Fidelity Personal Retirement		—		9,371		—		15,606		—		17,046		—		21,357
Fidelity Freedom Lifetime		—		—		—		—		—		—		—		—
Fidelity Growth & Guaranteed Income		—		—		—		—		—		—		—		—
Total net assets	$	1,024	$	9,371	$	1,929	$	15,606	$	1,751	$	17,046	$	1,334	$	21,357
Units Outstanding and Unit Value:
Fidelity Retirement Reserves:
Units outstanding		46		—		83		—		69		—		51		—
Unit value	$	22.28	$	—	$	23.26	$	—	$	25.21	$	—	$	26.27	$	—
Fidelity Income Advantage:
Units outstanding		—		—		—		—		—		—		—		—
Unit value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Personal Retirement:
Units outstanding		—		415		—		639		—		641		—		768
Highest value	$	—	$	28.63	$	—	$	31.97	$	—	$	35.24	$	—	$	38.60
Lowest Value	$	—	$	20.56	$	—	$	22.09	$	—	$	24.05	$	—	$	25.89
Fidelity Freedom Lifetime Income:
Units outstanding		—		—		—		—		—		—		—		—
Units value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Single Annuitant):
Units outstanding		—		—		—		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Joint Annuitant):
Units outstanding		—		—		—		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—

See accompanying notes which are an integral part of the financial statements.

11 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Assets and Liabilities - continued

December 31, 2022

(In thousands, except per unit data)	Subaccounts Investing In:
	VIP – Freedom Lifetime Income I		VIP – Freedom Lifetime Income II		VIP – Freedom Lifetime Income III		VIP – Disciplined Small Cap Initial Class		VIP – Disciplined Small Cap Investor Class		VIP – Fundsmanager 20% Investor Class		VIP – Fundsmanager 50% Investor Class		VIP – Fundsmanager 60% Investor Class
Assets:
Investments	$	1,131	$	867	$	2,150	$	1,049	$	23,041	$	61,082	$	141,764	$	167,041
Receivable from EFILI		1		2		1		—		—		1		11		—
Total Assets		1,132		869		2,151		1,049		23,041		61,083		141,775		167,041
Liabilities:
Payable to EFILI		—		—		—		—		—		—		—		—
	$	1,132	$	869	$	2,151	$	1,049	$	23,041	$	61,083	$	141,775	$	167,041
Net Assets:
Fidelity Retirement Reserves		—		—		—		980		—		2,999		9,609		3,005
Fidelity Income Advantage		—		—		—		69		—		422		3,017		714
Fidelity Personal Retirement		—		—		—		—		23,041		57,223		125,414		102,288
Fidelity Freedom Lifetime		1,132		869		2,151		—		—		439		3,735		6,559
Fidelity Growth & Guaranteed Income		—		—		—		—		—		—		—		54,475
Total net assets	$	1,132	$	869	$	2,151	$	1,049	$	23,041	$	61,083	$	141,775	$	167,041
Units Outstanding and Unit Value:
Fidelity Retirement Reserves:
Units outstanding		—		—		—		40		—		197		492		155
Unit value	$	—	$	—	$	—	$	24.40	$	—	$	15.24	$	19.53	$	19.42
Fidelity Income Advantage:
Units outstanding		—		—		—		3		—		29		159		38
Unit value	$	—	$	—	$	—	$	23.59	$	—	$	14.74	$	18.89	$	18.85
Fidelity Personal Retirement:
Units outstanding		—		—		—		—		739		3,556		5,824		4,641
Highest value	$	—	$	—	$	—	$	—	$	48.97	$	17.32	$	26.76	$	30.97
Lowest Value	$	—	$	—	$	—	$	—	$	26.40	$	14.79	$	20.55	$	21.06
Fidelity Freedom Lifetime Income:
Units outstanding		62		41		88		—		—		30		202		328
Units value	$	18.31	$	21.18	$	24.45	$	—	$	—	$	14.39	$	18.45	$	20.00
Fidelity Growth and Guaranteed Income (Single Annuitant):
Units outstanding		—		—		—		—		—		—		—		2,087
Highest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	26.91
Lowest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	18.27
Fidelity Growth and Guaranteed Income (Joint Annuitant):
Units outstanding		—		—		—		—		—		—		—		561
Highest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	26.34
Lowest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	17.85

See accompanying notes which are an integral part of the financial statements.

12 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Assets and Liabilities - continued

December 31, 2022

(In thousands, except per unit data)	Subaccounts Investing In:
	VIP – Fundsmanager 70% Investor Class		VIP – Fundsmanager 85% Investor Class
Assets:
Investments	$	128,426	$	57,892
Receivable from EFILI		6		1
Total Assets		128,432		57,893
Liabilities:
Payable to EFILI		—		—
	$	128,432	$	57,893
Net Assets:
Fidelity Retirement Reserves		3,950		1,216
Fidelity Income Advantage		1,183		366
Fidelity Personal Retirement		122,075		55,551
Fidelity Freedom Lifetime		1,224		760
Fidelity Growth & Guaranteed Income		—		—
Total net assets	$	128,432	$	57,893
Units Outstanding and Unit Value:
Fidelity Retirement Reserves:
Units outstanding		180		52
Unit value	$	21.96	$	23.55
Fidelity Income Advantage:
Units outstanding		55		16
Unit value	$	21.23	$	22.77
Fidelity Personal Retirement:
Units outstanding		4,912		2,007
Highest value	$	34.53	$	41.20
Lowest Value	$	24.08	$	25.83
Fidelity Freedom Lifetime Income:
Units outstanding		59		34
Units value	$	20.78	$	22.36
Fidelity Growth and Guaranteed Income (Single Annuitant):
Units outstanding		—		—
Highest value	$	—	$	—
Lowest value	$	—	$	—
Fidelity Growth and Guaranteed Income (Joint Annuitant):
Units outstanding		—		—
Highest value	$	—	$	—
Lowest value	$	—	$	—

See accompanying notes which are an integral part of the financial statements.

13 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Assets and Liabilities - continued

December 31, 2022

(In thousands, except per unit data)	Subaccounts Investing In:
	VIP – Consumer Staples Initial Class		VIP – Consumer Staples Investor Class		VIP – Materials Initial Class		VIP – Materials Investor Class		VIP – Communication Services Initial Class		VIP – Communication Services Investor Class		VIP – Emerging Markets Initial Class
Assets:
Investments	$	1,256	$	20,389	$	1,496	$	7,725	$	1,049	$	6,062	$	547
Receivable from EFILI		—		—		—		—		—		—		—
Total Assets		1,256		20,389		1,496		7,725		1,049		6,062		547
Liabilities:
Payable to EFILI		—		—		1		—		—		—		—
	$	1,256	$	20,389	$	1,495	$	7,725	$	1,049	$	6,062	$	547
Net Assets:
Fidelity Retirement Reserves		1,211		—		1,455		—		1,030		—		536
Fidelity Income Advantage		45		—		40		—		19		—		11
Fidelity Personal Retirement		—		20,389		—		7,725		—		6,062		—
Fidelity Freedom Lifetime		—		—		—		—		—		—		—
Fidelity Growth & Guaranteed Income		—		—		—		—		—		—		—
Total net assets	$	1,256	$	20,389	$	1,495	$	7,725	$	1,049	$	6,062	$	547
Units Outstanding and Unit Value:
Fidelity Retirement Reserves:
Units outstanding		35		—		54		—		55		—		46
Unit value	$	34.68	$	—	$	27.01	$	—	$	18.59	$	—	$	11.63
Fidelity Income Advantage:
Units outstanding		1		—		2		—		1		—		1
Unit value	$	33.60	$	—	$	26.17	$	—	$	18.01	$	—	$	11.29
Fidelity Personal Retirement:
Units outstanding		—		560		—		264		—		255		—
Highest value	$	—	$	46.74	$	—	$	58.94	$	—	$	48.58	$	—
Lowest Value	$	—	$	35.36	$	—	$	27.30	$	—	$	20.03	$	—
Fidelity Freedom Lifetime Income:
Units outstanding		—		—		—		—		—		—		—
Units value	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Single Annuitant):
Units outstanding		—		—		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Joint Annuitant):
Units outstanding		—		—		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—

See accompanying notes which are an integral part of the financial statements.

14 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Assets and Liabilities - continued

December 31, 2022

(In thousands, except per unit data)	Subaccounts Investing In:
	VIP – Emerging Markets Investor Class		VIP – Floating Rate High Income Initial Class		VIP – Floating Rate High Income Investor Class		VIP – Bond Index Initial Class		VIP – Total Market Index Initial Class		VIP – Extended Market Index Initial Class		VIP – International Index Initial Class		VIF – Emerging Markets Equity Class I
Assets:
Investments	$	12,545	$	2,441	$	25,553	$	25,136	$	33,370	$	7,867	$	15,553	$	5,414
Receivable from EFILI		—		2		—		—		—		—		—		1
Total Assets		12,545		2,443		25,553		25,136		33,370		7,867		15,553		5,415
Liabilities:
Payable to EFILI		—		—		—		—		—		—		1		—
	$	12,545	$	2,443	$	25,553	$	25,136	$	33,370	$	7,867	$	15,552	$	5,415
Net Assets:
Fidelity Retirement Reserves		—		2,304		—		962		1,086		582		551		1,449
Fidelity Income Advantage		—		139		—		77		46		27		21		98
Fidelity Personal Retirement		12,545		—		25,553		24,097		32,238		7,258		14,980		3,868
Fidelity Freedom Lifetime		—		—		—		—		—		—		—		—
Fidelity Growth & Guaranteed Income		—		—		—		—		—		—		—		—
Total net assets	$	12,545	$	2,443	$	25,553	$	25,136	$	33,370	$	7,867	$	15,552	$	5,415
Units Outstanding and Unit Value:
Fidelity Retirement Reserves:
Units outstanding		—		187		—		99		78		49		54		53
Unit value	$	—	$	12.28	$	—	$	9.75	$	13.88	$	11.85	$	10.15	$	27.39
Fidelity Income Advantage:
Units outstanding		—		11		—		8		3		2		2		4
Unit value	$	—	$	12.07	$	—	$	9.66	$	13.75	$	11.74	$	10.05	$	26.11
Fidelity Personal Retirement:
Units outstanding		818		—		1,973		2,399		2,257		595		1,433		306
Highest value	$	33.28	$	—	$	13.01	$	10.07	$	14.33	$	12.23	$	10.48	$	23.85
Lowest Value	$	12.48	$	—	$	12.84	$	10.00	$	14.23	$	12.15	$	10.41	$	11.74
Fidelity Freedom Lifetime Income:
Units outstanding		—		—		—		—		—		—		—		—
Units value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Single Annuitant):
Units outstanding		—		—		—		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
			$	—	$	—
Lowest value	$	—					$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Joint Annuitant):
Units outstanding		—		—		—		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—	$	—

See accompanying notes which are an integral part of the financial statements.

15 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Assets and Liabilities - continued

December 31, 2022

(In thousands, except per unit data)	Subaccounts Investing In:
	VIF – Emerging Markets Debt Class I		VIF – Global Strategist – Class II		Invesco – V.I. Global Core Equity Series I		Allspring – VT Discovery Class 2		Allspring – VT Opportunity Class 2		Lazard – Retirement Emerging Markets Investor
Assets:
Investments	$	7,663	$	3,477	$	4,719	$	2,747	$	1,155	$	5,223
Receivable from EFILI		—		1		—		—		—		—
Total Assets		7,663		3,478		4,719		2,747		1,155		5,223
Liabilities:
Payable to EFILI		1		—		—		—		—		1
	$	7,662	$	3,478	$	4,719	$	2,747	$	1,155	$	5,222
Net Assets:
Fidelity Retirement Reserves		881		321		309		2,627		999		784
Fidelity Income Advantage		74		108		74		120		156		30
Fidelity Personal Retirement		6,707		3,049		4,336		—		—		4,408
Fidelity Freedom Lifetime		—		—		—		—		—		—
Fidelity Growth & Guaranteed Income		—		—		—		—		—		—
Total net assets	$	7,662	$	3,478	$	4,719	$	2,747	$	1,155	$	5,222
Units Outstanding and Unit Value:
Fidelity Retirement Reserves:
Units outstanding		29		16		13		46		15		55
Unit value	$	30.62	$	19.57	$	23.17	$	56.87	$	65.86	$	14.18
Fidelity Income Advantage:
Units outstanding		3		6		3		2		2		2
Unit value	$	29.19	$	18.66	$	22.09	$	54.22	$	62.79	$	13.71
Fidelity Personal Retirement:
Units outstanding		474		171		233		—		—		337
Highest value	$	19.45	$	26.11	$	24.76	$	—	$	—	$	24.52
Lowest Value	$	12.41	$	15.33	$	15.44	$	—	$	—	$	11.52
Fidelity Freedom Lifetime Income:
Units outstanding		—		—		—		—		—		—
Units value	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Single Annuitant):
Units outstanding		—		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Joint Annuitant):
Units outstanding		—		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	—	$	—

See accompanying notes which are an integral part of the financial statements.

16 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Assets and Liabilities - continued

December 31, 2022

(In thousands, except per unit data)	Subaccounts Investing In:
	PVIT – Commodity Real Return Portfolio - Administrative		PVIT – Low Duration Portfolio - Administrative		PVIT – Real Return Portfolio - Administrative		PVIT – Total Return Portfolio - Administrative		Blackrock – Global Allocation V.I. Fund - Class I		FTVIP – Templeton Global Bond Fund - Class 2		FTVIP – Franklin US Government Securities Fund - Class 2
Assets:
Investments	$	6,958	$	32,188	$	18,439	$	35,045	$	29,565	$	5,343	$	5,617
Receivable from EFILI		1		—		—		2		—		—		—
Total Assets		6,959		32,188		18,439		35,047		29,565		5,343		5,617
Liabilities:
Payable to EFILI		—		—		—		1		—		—		—
	$	6,959	$	32,188	$	18,439	$	35,046	$	29,565	$	5,343	$	5,617
Net Assets:
Fidelity Retirement Reserves		14		2,413		1,056		1,096		525		89		538
Fidelity Income Advantage		275		7		20		19		10		—		—
Fidelity Personal Retirement		6,670		29,768		17,363		33,931		29,030		5,254		5,079
Fidelity Freedom Lifetime		—		—		—		—		—		—		—
Fidelity Growth & Guaranteed Income		—		—		—		—		—		—		—
Total net assets	$	6,959	$	32,188	$	18,439	$	35,046	$	29,565	$	5,343	$	5,617
Units Outstanding and Unit Value:
Fidelity Retirement Reserves:
Units outstanding		2		225		79		89		35		10		57
Unit value	$	8.01	$	10.73	$	13.30	$	12.26	$	15.08	$	9.16	$	9.38
Fidelity Income Advantage:
Units outstanding		35		1		2		2		1		—		—
Unit value	$	7.84	$	10.45	$	12.95	$	11.94	$	14.76	$	—	$	9.18
Fidelity Personal Retirement:
Units outstanding		776		2,633		1,273		2,667		1,799		535		506
Highest value	$	8.64	$	11.55	$	14.32	$	13.20	$	16.27	$	9.88	$	10.12
Lowest Value	$	8.50	$	11.11	$	13.14	$	12.28	$	16.00	$	9.72	$	9.96
Fidelity Freedom Lifetime Income:
Units outstanding		—		—		—		—		—		—		—
Units value	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Single Annuitant):
Units outstanding		—		—		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Fidelity Growth and Guaranteed Income (Joint Annuitant):
Units outstanding		—		—		—		—		—		—		—
Highest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—
Lowest value	$	—	$	—	$	—	$	—	$	—	$	—	$	—

See accompanying notes which are an integral part of the financial statements.

17 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Operations

For the year ended December 31, 2022

(In thousands)	Subaccounts Investing In:
	VIP – Government Money Market Initial Class		VIP – Government Money Market Investor Class		VIP – High Income Initial Class			VIP – High Income Investor Class			VIP – Equity-Income Initial Class			VIP – Equity-Income Investor Class
Income:
Dividends	$	348	$	3,007	$	241		$	1,461		$	793		$	1,042
Expenses:
Retirement Reserves:
Mortality and expense risk charges		178		—		31			—			298			—
Administrative and other charges		12		—		2			—			20			—
Total expenses		190		—		33			—			318			—
Income Advantage:
Mortality and expense risk charges		2		—		6			—			26			—
Administrative and other charges		1		—		2			—			9			—
Total expenses		3		—		8			—			35			—
Personal Retirement:
Mortality and expense risk charges		—		227		—			34			—			64
Administrative and other charges		—		97		—			15			—			27
Total expenses		—		324		—			49			—			91
Freedom Lifetime Income:
Mortality and expense risk charges		—		—		—			—			—			—
Administrative and other charges		—		—		—			—			—			—
Total expenses		—		—		—			—			—			—
Growth and Guaranteed Income:
Mortality and expense risk charges		—		9		—			—			—			—
Administrative and other charges		—		2		—			—			—			—
Total expenses		—		11		—			—			—			—
Total expenses		193		335		41			49			353			91
Net investment income (loss)		155		2,672		200			1,412			440			951
Realized and unrealized gain (loss) on investments:
Realized gain (loss) on sale of fund shares		—		—		(508	)		(957	)		22			568
Realized gain distributions		—		—		—			—			1,394			1,894
Net realized gain (loss) on investments		—		—		(508	)		(957	)		1,416			2,462
Unrealized appreciation (depreciation)		—		—		(351	)		(4,505	)		(4,705	)		(6,638	)
Net increase (decrease) in net assets from operations	$	155	$	2,672	$	(659	)	$	(4,050	)	$	(2,849	)	$	(3,225	)

See accompanying notes which are an integral part of the financial statements.

18 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Operations - continued

For the year ended December 31, 2022

(In thousands)	Subaccounts Investing In:
	VIP – Growth Initial Class			VIP – Growth Investor Class			VIP – Overseas Initial Class			VIP – Overseas Investor Class			VIP – Investment Grade Bond Initial Class			VIP – Investment Grade Bond Investor Class
Income:
Dividends	$	417		$	324		$	75		$	198		$	273		$	1,443
Expenses:
Retirement Reserves:
Mortality and expense risk charges		483			—			52			—			82			—
Administrative and other charges		32			—			3			—			6			—
Total expenses		515			—			55			—			88			—
Income Advantage:
Mortality and expense risk charges		26			—			2			—			12			—
Administrative and other charges		8			—			1			—			4			—
Total expenses		34			—			3			—			16			—
Personal Retirement:
Mortality and expense risk charges		—			67			—			22			—			82
Administrative and other charges		—			30			—			10			—			33
Total expenses		—			97			—			32			—			115
Freedom Lifetime Income:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Growth and Guaranteed Income:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Total expenses		549			97			58			32			104			115
Net investment income (loss)		(132	)		227			17			166			169			1,328
Realized and unrealized gain (loss) on investments:
Realized gain (loss) on sale of fund shares		3,377			1,499			(18	)		200			(243	)		(968	)
Realized gain distributions		5,032			4,525			68			189			706			3,645
Net realized gain (loss) on investments		8,409			6,024			50			389			463			2,677
Unrealized appreciation (depreciation)		(29,629	)		(25,104	)		(2,456	)		(6,956	)		(2,603	)		(13,889	)
Net increase (decrease) in net assets from operations	$	(21,352	)	$	(18,853	)	$	(2,389	)	$	(6,401	)	$	(1,971	)	$	(9,884	)

See accompanying notes which are an integral part of the financial statements.

19 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Operations - continued

For the year ended December 31, 2021

(In thousands)	Subaccounts Investing In:
	VIP – Asset Manager Initial Class			VIP – Asset Manager Investor Class			VIP – Index 500 Initial Class			VIP – Asset Manager Growth Initial Class			VIP – Asset Manager Growth Investor Class			VIP – Contrafund Initial Class			VIP – Contrafund Investor Class
Income:
Dividends	$	461		$	490		$	5,365		$	123		$	195		$	641		$	823
Expenses:
Retirement Reserves:
Mortality and expense risk charges		162			—			417			51			—			919			—
Administrative and other charges		11			—			28			3			—			61			—
Total expenses		173			—			445			54			—			980			—
Income Advantage:
Mortality and expense risk charges		8			—			29			2			—			53			—
Administrative and other charges		2			—			10			1			—			17			—
Total expenses		10			—			39			3			—			70			—
Personal Retirement:
Mortality and expense risk charges		—			30			342			—			15			—			224
Administrative and other charges		—			12			151			—			6			—			95
Total expenses		—			42			493			—			21			—			319
Freedom Lifetime Income:
Mortality and expense risk charges		—			—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—			—
Total expenses		—			—			—			—			—			—			—
Growth and Guaranteed Income:
Mortality and expense risk charges		—			—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—			—
Total expenses		—			—			—			—			—			—			—
Total expenses		183			42			977			57			21			1,050			319
Net investment income (loss)		278			448			4,388			66			174			(409	)		504
Realized and unrealized gain (loss) on investments:
Realized gain (loss) on sale of fund shares		(63	)		(21	)		11,024			182			60			3,412			3,784
Realized gain distributions		1,520			1,705			2,727			475			715			6,104			9,138
Net realized gain (loss) on investments		1,457			1,684			13,751			657			775			9,516			12,922
Unrealized appreciation (depreciation)		(5,756	)		(6,411	)		(94,659	)		(2,198	)		(3,146	)		(53,450	)		(76,932	)
Net increase (decrease) in net assets from operations	$	(4,021	)	$	(4,279	)	$	(76,520	)	$	(1,475	)	$	(2,197	)	$	(44,343	)	$	(63,506	)

See accompanying notes which are an integral part of the financial statements.

20 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Operations - continued

For the year ended December 31, 2022

(In thousands)	Subaccounts Investing In:
	VIP – Balanced Initial Class			VIP – Balanced Investor Class			VIP – Dynamic Capital Appreciation Initial Class			VIP – Dynamic Capital Appreciation Investor Class			VIP – Growth & Income Initial Class			VIP – Growth & Income Investor Class
Income:
Dividends	$	190		$	3,468		$	5		$	28		$	277		$	557
Expenses:
Retirement Reserves:
Mortality and expense risk charges		104			—			13			—			119			—
Administrative and other charges		7			—			1			—			8			—
Total expenses		111			—			14			—			127			—
Income Advantage:
Mortality and expense risk charges		10			—			1			—			13			—
Administrative and other charges		3			—			—			—			4			—
Total expenses		13			—			1			—			17			—
Personal Retirement:
Mortality and expense risk charges		—			330			—			15			—			37
Administrative and other charges		—			115			—			6			—			16
Total expenses		—			445			—			21			—			53
Freedom Lifetime Income:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Growth and Guaranteed Income:
Mortality and expense risk charges		—			561			—			—			—			—
Administrative and other charges		—			152			—			—			—			—
Total expenses		—			713			—			—			—			—
Total expenses		124			1,158			15			21			144			53
Net investment income (loss)		66			2,310			(10	)		7			133			504
Realized and unrealized gain (loss) on investments:
Realized gain (loss) on sale of fund shares		476			5,239			16			464			1,094			845
Realized gain distributions		915			17,501			227			1,661			333			691
Net realized gain (loss) on investments		1,391			22,740			243			2,125			1,427			1,536
Unrealized appreciation (depreciation)		(4,752	)		(86,950	)		(698	)		(5,437	)		(2,882	)		(3,997	)
Net increase (decrease) in net assets from operations	$	(3,295	)	$	(61,900	)	$	(465	)	$	(3,305	)	$	(1,322	)	$	(1,957	)

See accompanying notes which are an integral part of the financial statements.

21 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Operations - continued

For the year ended December 31, 2022

(In thousands)	Subaccounts Investing In:
	VIP – Growth Opportunities Initial Class			VIP – Growth Opportunities Investor Class			VIP – Mid Cap Initial Class			VIP – Mid Cap Investor Class			VIP – Value Strategies Initial Class			VIP – Value Strategies Investor Class
Income:
Dividends	$	—		$	—		$	128		$	249		$	55		$	199
Expenses:
Retirement Reserves:
Mortality and expense risk charges		127			—			173			—			38			—
Administrative and other charges		9			—			12			—			2			—
Total expenses		136			—			185			—			40			—
Income Advantage:
Mortality and expense risk charges		10			—			20			—			4			—
Administrative and other charges		3			—			7			—			1			—
Total expenses		13			—			27			—			5			—
Personal Retirement:
Mortality and expense risk charges		—			79			—			62			—			22
Administrative and other charges		—			33			—			27			—			10
Total expenses		—			112			—			89			—			32
Freedom Lifetime Income:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Growth and Guaranteed Income:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Total expenses		149			112			212			89			45			32
Net investment income (loss)		(149	)		(112	)		(84	)		160			10			167
Realized and unrealized gain (loss) on investments:		1,592			3,091			76			64			20			162
Realized gain (loss) on sale of fund shares
Realized gain distributions		3,856			13,563			1,684			3,693			236			912
Net realized gain (loss) on investments		5,448			16,654			1,760			3,757			256			1,074
Unrealized appreciation (depreciation)		(15,612	)		(52,880	)		(6,329	)		(13,326	)		(757	)		(2,888	)
Net increase (decrease) in net assets from operations	$	(10,313	)	$	(36,338	)	$	(4,653	)	$	(9,409	)	$	(491	)	$	(1,647	)

See accompanying notes which are an integral part of the financial statements.

22 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Operations - continued

For the year ended December 31, 2022

(In thousands)	Subaccounts Investing In:
	VIP – Utilities Initial Class			VIP – Utilities Investor Class			VIP – Technology Initial Class			VIP – Technology Investor Class			VIP – Energy Initial Class		VIP – Energy Investor Class
Income:
Dividends	$	98		$	246		$	—		$	—		$	162	$	626
Expenses:
Retirement Reserves:
Mortality and expense risk charges		33			—			175			—			45		—
Administrative and other charges		2			—			12			—			3		—
Total expenses		35			—			187			—			48		—
Income Advantage:
Mortality and expense risk charges		1			—			11			—			4		—
Administrative and other charges		—			—			4			—			1		—
Total expenses		1			—			15			—			5		—
Personal Retirement:
Mortality and expense risk charges		—			18			—			103			—		27
Administrative and other charges		—			8			—			49			—		13
Total expenses		—			26			—			152			—		40
Freedom Lifetime Income:
Mortality and expense risk charges		—			—			—			—			—		—
Administrative and other charges		—			—			—			—			—		—
Total expenses		—			—			—			—			—		—
Growth and Guaranteed Income:
Mortality and expense risk charges		—			—			—			—			—		—
Administrative and other charges		—			—			—			—			—		—
Total expenses		—			—			—			—			—		—
Total expenses		36			26			202			152			53		40
Net investment income (loss)		62			220			(202	)		(152	)		109		586
Realized and unrealized gain (loss) on investments:
Realized gain (loss) on sale of fund shares		146			996			3,199			5,656			476		5,075
Realized gain distributions		5			40			2,930			10,429			—		—
Net realized gain (loss) on investments		151			1,036			6,129			16,085			476		5,075
Unrealized appreciation (depreciation)		(59	)		(783	)		(18,925	)		(64,453	)		1,121		3,282
Net increase (decrease) in net assets from operations	$	154		$	473		$	(12,998	)	$	(48,520	)	$	1,706	$	8,943

See accompanying notes which are an integral part of the financial statements.

23 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Operations - continued

For the year ended December 31, 2022

(In thousands)	Subaccounts Investing In:
	VIP – Health Care Initial Class			VIP – Health Care Investor Class			VIP – Financial Services Initial Class			VIP – Financial Services Investor Class			VIP – Industrials Initial Class			VIP – Industrials Investor Class
Income:
Dividends	$	—		$	—		$	25		$	359		$	3		$	18
Expenses:
Retirement Reserves:
Mortality and expense risk charges		94			—			14			—			13			—
Administrative and other charges		6			—			1			—			1			—
Total expenses		100			—			15			—			14			—
Income Advantage:
Mortality and expense risk charges		6			—			1			—			—			—
Administrative and other charges		2			—			—			—			—			—
Total expenses		8			—			1			—			—			—
Personal Retirement:
Mortality and expense risk charges		—			75			—			22			—			15
Administrative and other charges		—			31			—			10			—			7
Total expenses		—			106			—			32			—			22
Freedom Lifetime Income:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Growth and Guaranteed Income:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Total expenses		108			106			16			32			14			22
Net investment income (loss)		(108	)		(106	)		9			327			(11	)		(4	)
Realized and unrealized gain (loss) on investments:
Realized gain (loss) on sale of fund shares		156			1,103			(347	)		834			(2	)		(44	)
Realized gain distributions		905			4,152			41			378			250			2,033
Net realized gain (loss) on investments		1,061			5,255			(306	)		1,212			248			1,989
Unrealized appreciation (depreciation)		(3,226	)		(15,014	)		(259	)		(3,730	)		(468	)		(3,791	)
Net increase (decrease) in net assets from operations	$	(2,273	)	$	(9,865	)	$	(556	)	$	(2,191	)	$	(231	)	$	(1,806	)

See accompanying notes which are an integral part of the financial statements.

24 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Operations - continued

For the year ended December 31, 2022

(In thousands)	Subaccounts Investing In:
	VIP – Consumer Discretionary Initial Class			VIP – Consumer Discretionary Investor Class			VIP – Real Estate Initial Class			VIP – Real Estate Investor Class			VIP – Strategic Income Initial Class			VIP – Strategic Income Investor Class
Income:
Dividends	$	—		$	—		$	39		$	220		$	150		$	2,045
Expenses:
Retirement Reserves:
Mortality and expense risk charges		13			—			21			—			28			—
Administrative and other charges		1			—			1			—			2			—
Total expenses		14			—			22			—			30			—
Income Advantage:
Mortality and expense risk charges		1			—			2			—			5			—
Administrative and other charges		—			—			—			—			2			—
Total expenses		1			—			2			—			7			—
Personal Retirement:
Mortality and expense risk charges		—			21			—			20			—			70
Administrative and other charges		—			10			—			9			—			29
Total expenses		—			31			—			29			—			99
Freedom Lifetime Income:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Growth and Guaranteed Income:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Total expenses		15			31			24			29			37			99
Net investment income (loss)		(15	)		(31	)		15			191			113			1,946
Realized and unrealized gain (loss) on investments:
Realized gain (loss) on sale of fund shares		117			1,082			(47	)		(105	)		(63	)		(488	)
Realized gain distributions		225			2,024			91			611			5			62
Net realized gain (loss) on investments		342			3,106			44			506			(58	)		(426	)
Unrealized appreciation (depreciation)		(1,347	)		(12,202	)		(1,078	)		(7,186	)		(655	)		(8,976	)
Net increase (decrease) in net assets from operations	$	(1,020	)	$	(9,127	)	$	(1,019	)	$	(6,489	)	$	(600	)	$	(7,456	)

See accompanying notes which are an integral part of the financial statements.

25 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Operations - continued

For the year ended December 31, 2022

(In thousands)	Subaccounts Investing In:
	VIP – International Capital Appreciation Initial Class			VIP – International Capital Appreciation Investor Class			VIP – Value Initial Class			VIP – Value Investor Class			VIP – Freedom Income Initial Class			VIP – Investor Freedom Income Investor Class
Income:
Dividends	$	5		$	57		$	37		$	349		$	21		$	88
Expenses:
Retirement Reserves:
Mortality and expense risk charges		14			—			17			—			7			—
Administrative and other charges		1			—			1			—			0			—
Total expenses		15			—			18			—			7			—
Income Advantage:
Mortality and expense risk charges		1			—			4			—			—			—
Administrative and other charges		—			—			2			—			—			—
Total expenses		1			—			6			—			—			—
Personal Retirement:
Mortality and expense risk charges		—			30			—			29			—			7
Administrative and other charges		—			15			—			14			—			2
Total expenses		—			45			—			43			—			9
Freedom Lifetime Income:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Growth and Guaranteed Income:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Total expenses		16			45			24			43			7			9
Net investment income (loss)		(11	)		12			13			306			14			79
Realized and unrealized gain (loss) on investments:
Realized gain (loss) on sale of fund shares		36			173			61			776			1			(162	)
Realized gain distributions		163			2,468			92			879			33			157
Net realized gain (loss) on investments		199			2,641			153			1,655			34			(5	)
Unrealized appreciation (depreciation)		(915	)		(13,578	)		(340	)		(3,336	)		(179	)		(673	)
Net increase (decrease) in net assets from operations	$	(727	)	$	(10,925	)	$	(174	)	$	(1,375	)	$	(131	)	$	(599	)

See accompanying notes which are an integral part of the financial statements.

26 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Operations - continued

For the year ended December 31, 2022

(In thousands)	Subaccounts Investing In:
	VIP – Freedom 2005 Initial Class			VIP – Investor Freedom 2005 Investor Class			VIP – Freedom 2010 Initial Class			VIP – Investor Freedom 2010 Investor Class			VIP – Freedom 2015 Initial Class			VIP – Investor Freedom 2015 Investor Class
Income:
Dividends	$	19		$	52		$	20		$	117		$	24		$	208
Expenses:
Retirement Reserves:
Mortality and expense risk charges		7			—			7			—			8			—
Administrative and other charges		0			—			0			—			1			—
Total expenses		7			—			7			—			9			—
Income Advantage:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Personal Retirement:
Mortality and expense risk charges		—			4			—			10			—			14
Administrative and other charges		—			1			—			3			—			5
Total expenses		—			5			—			13			—			19
Freedom Lifetime Income:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Growth and Guaranteed Income:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Total expenses		7			5			7			13			9			19
Net investment income (loss)		12			47			13			104			15			189
Realized and unrealized gain (loss) on investments:
Realized gain (loss) on sale of fund shares		(3	)		(26	)		(1	)		(11	)		(1	)		(18	)
Realized gain distributions		55			156			55			264			110			606
Net realized gain (loss) on investments		52			130			54			253			109			588
Unrealized appreciation (depreciation)		(191	)		(528	)		(215	)		(1,217	)		(313	)		(2,427	)
Net increase (decrease) in net assets from operations	$	(127	)	$	(351	)	$	(148	)	$	(860	)	$	(189	)	$	(1,650	)

See accompanying notes which are an integral part of the financial statements.

27 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Operations - continued

For the year ended December 31, 2022

(In thousands)	Subaccounts Investing In:
	VIP – Freedom 2020 Initial Class			VIP – Investor Freedom 2020 Investor Class			VIP – Freedom 2025 Initial Class			VIP – Investor Freedom 2025 Investor Class			VIP – Freedom 2030 Initial Class			VIP – Investor Freedom 2030 Investor Class
Income:
Dividends	$	46		$	348		$	40		$	403		$	27		$	427
Expenses:
Retirement Reserves:
Mortality and expense risk charges		16			—			15			—			10			—
Administrative and other charges		1			—			1			—			1			—
Total expenses		17			—			16			—			11			—
Income Advantage:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Personal Retirement:
Mortality and expense risk charges		—			29			—			35			—			39
Administrative and other charges		—			9			—			10			—			11
Total expenses		—			38			—			45			—			50
Freedom Lifetime Income:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Growth and Guaranteed Income:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Total expenses		17			38			16			45			11			50
Net investment income (loss)		29			310			24			358			16			377
Realized and unrealized gain (loss) on investments:
Realized gain (loss) on sale of fund shares		4			53			16			(510	)		6			99
Realized gain distributions		246			1,289			136			1,694			91			1,442
Net realized gain (loss) on investments		250			1,342			152			1,184			97			1,541
Unrealized appreciation (depreciation)		(694	)		(4,820	)		(590	)		(5,645	)		(379	)		(6,220	)
Net increase (decrease) in net assets from operations	$	(415	)	$	(3,168	)	$	(414	)	$	(4,103	)	$	(266	)	$	(4,302	)

See accompanying notes which are an integral part of the financial statements.

28 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Operations - continued

For the year ended December 31, 2022

(In thousands)	Subaccounts Investing In:
	VIP – Freedom Lifetime Income I			VIP – Freedom Lifetime Income II			VIP – Freedom Lifetime Income III			VIP – Disciplined Small Cap Initial Class			VIP – Disciplined Small Cap Investor Class			VIP – FundsManager 20% Investor Class
Income:
Dividends	$	29		$	20		$	47		$	10		$	189		$	1,490
Expenses:
Retirement Reserves:
Mortality and expense risk charges		—			—			—			8			—			24
Administrative and other charges		—			—			—			1			—			2
Total expenses		—			—			—			9			—			26
Income Advantage:
Mortality and expense risk charges		—			—			—			1			—			4
Administrative and other charges		—			—			—			—			—			1
Total expenses		—			—			—			1			—			5
Personal Retirement:
Mortality and expense risk charges		—			—			—			—			27			96
Administrative and other charges		—			—			—			—			12			31
Total expenses		—			—			—			—			39			127
Freedom Lifetime Income:
Mortality and expense risk charges		7			5			12			—			—			3
Administrative and other charges		1			1			2			—			—			—
Total expenses		8			6			14			—			—			3
Growth and Guaranteed Income:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Total expenses		8			6			14			10			39			161
Net investment income (loss)		21			14			33			—			150			1,329
Realized and unrealized gain (loss) on investments:
Realized gain (loss) on sale of fund shares		(13	)		3			7			(33	)		(26	)		(403	)
Realized gain distributions		56			63			194			257			4,554			4,807
Net realized gain (loss) on investments		43			66			201			224			4,528			4,404
Unrealized appreciation (depreciation)		(245	)		(231	)		(677	)		(532	)		(10,049	)		(12,936	)
Net increase (decrease) in net assets from operations	$	(181	)	$	(151	)	$	(443	)	$	(308	)	$	(5,371	)	$	(7,203	)

See accompanying notes which are an integral part of the financial statements.

29 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Operations - continued

For the year ended December 31, 2022

(In thousands)	Subaccounts Investing In:
	VIP – FundsManager 50% Investor Class			VIP – FundsManager 60% Investor Class			VIP – FundsManager 70% Investor Class			VIP – FundsManager 85% Investor Class			VIP – Consumer Staples Initial Class			VIP – Consumer Staples Investor Class
Income:
Dividends	$	3,038		$	3,225		$	2,173		$	668		$	20		$	333
Expenses:
Retirement Reserves:
Mortality and expense risk charges		79			24			34			11			8			—
Administrative and other charges		5			2			2			1			—			—
Total expenses		84			26			36			12			8			—
Income Advantage:
Mortality and expense risk charges		23			6			10			3			1			—
Administrative and other charges		7			2			3			1			—			—
Total expenses		30			8			13			4			1			—
Personal Retirement:
Mortality and expense risk charges		209			171			200			75			—			23
Administrative and other charges		69			56			63			29			—			10
Total expenses		278			227			263			104			—			33
Freedom Lifetime Income:
Mortality and expense risk charges		21			35			7			4			—			—
Administrative and other charges		4			7			1			1			—			—
Total expenses		25			42			8			5			—			—
Growth and Guaranteed Income:
Mortality and expense risk charges		—			573			—			—			—			—
Administrative and other charges		—			154			—			—			—			—
Total expenses		—			727			—			—			—			—
Total expenses		417			1,030			320			125			9			33
Net investment income (loss)		2,621			2,195			1,853			543			11			300
Realized and unrealized gain (loss) on investments:
Realized gain (loss) on sale of fund shares		(1,102	)		(1,184	)		82			2			2			68
Realized gain distributions		26,820			32,536			24,172			12,134			65			1,141
Net realized gain (loss) on investments		25,718			31,352			24,254			12,136			67			1,209
Unrealized appreciation (depreciation)		(53,716	)		(66,816	)		(50,461	)		(24,475	)		(112	)		(1,807	)
Net increase (decrease) in net assets from operations	$	(25,377	)	$	(33,269	)	$	(24,354	)	$	(11,796	)	$	(34	)	$	(298	)

See accompanying notes which are an integral part of the financial statements.

30 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Operations - continued

For the year ended December 31, 2022

(In thousands)	Subaccounts Investing In:
	VIP – Materials Initial Class			VIP – Materials Investor Class			VIP – Communication Services Initial Class			VIP – Communication Services Investor Class			VIP – Emerging Markets Initial Class			VIP – Emerging Markets Investor Class
Income:
Dividends	$	17		$	82		$	—		$	—		$	10		$	215
Expenses:
Retirement Reserves:
Mortality and expense risk charges		11			—			10			—			4			—
Administrative and other charges		1			—			1			—			—			—
Total expenses		12			—			11			—			4			—
Income Advantage:
Mortality and expense risk charges		1			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		1			—			—			—			—			—
Personal Retirement:
Mortality and expense risk charges		—			9			—			8			—			12
Administrative and other charges		—			4			—			4			—			6
Total expenses		—			13			—			12			—			18
Freedom Lifetime Income:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Growth and Guaranteed Income:		—			—			—			—			—			—
Mortality and expense risk charges
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Total expenses		13			13			11			12			4			18
Net investment income (loss)		4			69			(11	)		(12	)		6			197
Realized and unrealized gain (loss) on investments:
Realized gain (loss) on sale of fund shares		8			(64	)		60			189			(13	)		(175	)
Realized gain distributions		41			238			88			466			—			—
Net realized gain (loss) on investments		49			174			148			655			(13	)		(175	)
Unrealized appreciation (depreciation)		(273	)		(1,268	)		(889	)		(4,734	)		(133	)		(3,180	)
Net increase (decrease) in net assets from operations	$	(220	)	$	(1,025	)	$	(752	)	$	(4,091	)	$	(140	)	$	(3,158	)

See accompanying notes which are an integral part of the financial statements.

31 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Operations - continued

For the year ended December 31, 2022

(In thousands)	Subaccounts Investing In:
	VIP – Floating Rate High Income Initial Class			VIP – Floating Rate High Income Investor Class			VIP – Bond Index Initial Class			VIP – Total Market Index Initial Class			VIP – Extended Market Index Initial Class			VIP – International Index Initial Class
Income:
Dividends	$	100		$	1,098		$	432		$	488		$	113		$	355
Expenses:
Retirement Reserves:
Mortality and expense risk charges		14			—			7			10			3			4
Administrative and other charges		1			—			1			1			—			—
Total expenses		15			—			8			11			3			4
Income Advantage:
Mortality and expense risk charges		1			—			1			1			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		1			—			1			1			—			—
Personal Retirement:
Mortality and expense risk charges		—			27			25			41			8			14
Administrative and other charges		—			13			11			16			3			7
Total expenses		—			40			36			57			11			21
Freedom Lifetime Income:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Growth and Guaranteed Income:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Total expenses		16			10			45			69			14			25
Net investment income (loss)		84			1,058			387			419			99			330
Realized and unrealized gain (loss) on investments:
Realized gain (loss) on sale of fund shares		27			(48	)		(320	)		1,153			110			76
Realized gain distributions		—			—			—			53			150			—
Net realized gain (loss) on investments		27			(48	)		(320	)		1,206			260			76
Unrealized appreciation (depreciation)		(100	)		(1,242	)		(3,565	)		(8,803	)		(1,803	)		(2,903	)
Net increase (decrease) in net assets from operations	$	11		$	(232	)	$	(3,498	)	$	(7,178	)	$	(1,444	)	$	(2,497	)

See accompanying notes which are an integral part of the financial statements.

32 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Operations - continued

For the year ended December 31, 2022

(In thousands)	Subaccounts Investing In:
	VIF – Emerging Markets Equity Class I			VIF – Emerging Markets Debt Class I			VIF – Global Strategist – Class II			Invesco – V.I. Global Core Equity Series I			Allspring – VT Discovery Class 2			Allspring – VT Opportunity Class 2
Income:
Dividends	$	24		$	622		$	—		$	18		$	—		$	—
Expenses:
Retirement Reserves:
Mortality and expense risk charges		12			7			3			3			23			8
Administrative and other charges		1			—			—			—			2			1
Total expenses		13			7			3			3			25			9
Income Advantage:
Mortality and expense risk charges		1			1			1			1			1			2
Administrative and other charges		—			—			—			—			—			—
Total expenses		1			1			1			1			1			2
Personal Retirement:
Mortality and expense risk charges		4			7			2			5			—			—
Administrative and other charges		2			4			2			2			—			—
Total expenses		6			11			4			7			—			—
Freedom Lifetime Income:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Growth and Guaranteed Income:
Mortality and expense risk charges		—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—
Total expenses		—			—			—			—			—			—
Total expenses		20			19			8			11			26			11
Net investment income (loss)		4			603			(8	)		7			(26	)		(11	)
Realized and unrealized gain (loss) on investments:
Realized gain (loss) on sale of fund shares		(85	)		(110	)		(43	)		(15	)		(3	)		—
Realized gain distributions		572			—			664			341			1,083			245
Net realized gain (loss) on investments		487			(110	)		621			326			1,080			245
Unrealized appreciation (depreciation)		(2,240	)		(2,390	)		(1,420	)		(1,713	)		(2,857	)		(573	)
Net increase (decrease) in net assets from operations	$	(1,749	)	$	(1,897	)	$	(807	)	$	(1,380	)	$	(1,803	)	$	(339	)

See accompanying notes which are an integral part of the financial statements.

33 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Operations - continued

For the year ended December 31, 2022

(In thousands)	Subaccounts Investing In:
	Lazard – Retirement Emerging Markets Portfolio  - Investor			PVIT – Commodity Real Return Strategy Portfolio - Administrative			PVIT – Low Duration Portfolio - Administrative			PVIT – Real Return Portfolio - Administrative			PVIT – Total Return Portfolio - Administrative			Blackrock – Global Allocation V.I. Fund - Class I			FTVIP – Templeton Global Bond Fund - Class 2			FTVIP – Franklin U.S. Gov’t Securities Fund - Class 2
Income:
Dividends	$	218		$	2,253		$	570		$	1,529		$	1,029		$	—		$	—		$	156
Expenses:
Retirement Reserves:
Mortality and expense risk charges		7			—			20			9			9			5			1			6
Administrative and other charges		—			—			1			1			1			—			—			—
Total expenses		7			—			21			10			10			5			1			6
Income Advantage:
Mortality and expense risk charges		—			1			—			—			—			—			—			—
Administrative and other charges		—			1			—			—			—			—			—			—
Total expenses		—			2			—			—			—			—			—			—
Personal Retirement:
Mortality and expense risk charges		6			8			38			24			48			39			5			7
Administrative and other charges		3			4			16			10			19			16			3			3
Total expenses		9			12			54			34			67			55			8			10
Freedom Lifetime Income:
Mortality and expense risk charges		—			—			—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—			—			—
Total expenses		—			—			—			—			—			—			—			—
Growth and Guaranteed Income:
Mortality and expense risk charges		—			—			—			—			—			—			—			—
Administrative and other charges		—			—			—			—			—			—			—			—
Total expenses		—			—			—			—			—			—			—			—
Total expenses		16			14			75			44			77			60			9			6
Net investment income (loss)		202			2,239			495			1,485			952			(60	)		(9	)		140
Realized and unrealized gain (loss) on investments:
Realized gain (loss) on sale of fund shares		(340	)		(120	)		(262	)		(432	)		(1,038	)		(215	)		(323	)		(208	)
Realized gain distributions		—			—			—			—			(1	)		393			—			—
Net realized gain (loss) on investments		(340	)		(120	)		(262	)		(432	)		(1,039	)		178			(323	)		(208	)
Unrealized appreciation (depreciation)		(1,079	)		(2,201	)		(2,418	)		(3,929	)		(6,521	)		(6,127	)		23			(681	)
Net increase (decrease) in net assets from operations	$	(1,217	)	$	(82	)	$	(2,185	)	$	(2,876	)	$	(6,608	)	$	(6,009	)	$	(309	)	$	(749	)

See accompanying notes which are an integral part of the financial statements.

34 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Changes in Net Assets

For the years ended December 31, 2022 and 2021

(In thousands)	Subaccounts Investing In:
	VIP – Government Money Market Initial Class						VIP –Government Money Market Investor Class						VIP – High Income Initial Class						VIP – High Income Investor Class
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	155		$	(170	)	$	2,672		$	(255	)	$	200		$	252		$	1,412		$	1,898
Net realized gain (loss) on investments		—			—			—			—			(508	)		(279	)		(957	)		(87	)
Unrealized appreciation (depreciation)		—			—			—			—			(351	)		227			(4,505	)		(206	)
Net increase (decrease) in net assets from operations		155			(170	)		2,672			(255	)		(659	)		200			(4,050	)		1,605
Contract Transactions:
Payments received from contract owners		—			—			68,559			104,513			—			—			53			321
Transfers between sub-accounts and the fixed account, net		11,267			(652	)		46,798			(98,564	)		(23	)		(92	)		(3,751	)		372
Contract benefits		(236	)		(240	)		(12,801	)		(5,685	)		(173	)		(143	)		(32	)		(4	)
Contract terminations		(6,988	)		(1,598	)		(41,688	)		(23,531	)		(484	)		(282	)		(1,753	)		(1,234	)
Contract maintenance charges		(5	)		(5	)		—			—			(1	)		(1	)		—			—
Other transfers (to) from EFILI, net		4			(5	)		1			—			18			6			1			(3	)
Net increase (decrease) in net assets from contract transactions		4,042			(2,500	)		60,869			(23,267	)		(663	)		(512	)		(5,482	)		(548	)
Total increase (decrease) in net assets		4,197			(2,670	)		63,541			(23,522	)		(1,322	)		(312	)		(9,532	)		1,057
Net Assets:
Beginning of period		20,037			22,707			153,039			176,561			5,580			5,892		$	36,671			35,614
End of period	$	24,234		$	20,037		$	216,580		$	153,039		$	4,258		$	5,580		$	27,139		$	36,671
(In thousands)	Subaccounts Investing In:
	VIP – Equity-Income Initial Class						VIP – Equity-Income Investor Class						VIP – Growth Initial Class						VIP – Growth Investor Class
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	440		$	497		$	951		$	921		$	(132	)	$	(661	)	$	227		$	(116	)
Net realized gain (loss) on investments		1,416			5,465			2,462			7,464			8,409			19,665			6,024			20,559
Unrealized appreciation (depreciation)		(4,705	)		3,801			(6,638	)		2,843			(29,629	)		(2,900	)		(25,104	)		(6,199	)
Net increase (decrease) in net assets from operations		(2,849	)		9,763			(3,225	)		11,228			(21,352	)		16,104			(18,853	)		14,244
Contract Transactions:
Payments received from contract owners		—			—			939			766			—			—			522			978
Transfers between sub-accounts and the fixed account, net		(1,298	)		(228	)		249			5,153			(3,841	)		(812	)		(2,149	)		630
Contract benefits		(721	)		(1,100	)		—			(10	)		(868	)		(1,299	)		(10	)		—
Contract terminations		(3,228	)		(1,221	)		(1,713	)		(522	)		(2,993	)		(1,572	)		(2,443	)		(1,057	)
Contract maintenance charges		(5	)		(5	)		—			—			(9	)		(10	)		—			—
Other transfers (to) from EFILI, net		(192	)		(411	)		1			—			(186	)		(311	)		1			—
Net increase (decrease) in net assets from contract transactions		(5,444	)		(2,965	)		(524	)		5,387			(7,897	)		(4,004	)		(4,079	)		551
Total increase (decrease) in net assets		(8,293	)		6,798			(3,749	)		16,615			(29,249	)		12,100			(22,932	)		14,795
Net Assets:
Beginning of period		48,795			41,997			59,322			42,707			86,851			74,751			76,009			61,214
End of period	$	40,502		$	48,795		$	55,573		$	59,322		$	57,602		$	86,851		$	53,077		$	76,009

See accompanying notes which are an integral part of the financial statements.

35 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Changes in Net Assets - continued

For the years ended December 31, 2022 and 2021

(In thousands)													Subaccounts Investing In:
													VIP – Overseas Initial Class						VIP – Overseas Investor Class
													12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)													$	17		$	(25	)	$	166		$	77
Net realized gain (loss) on investments														50			753			389			2,865
Unrealized appreciation (depreciation)														(2,456	)		826			(6,956	)		1,186
Net increase (decrease) in net assets from operations														(2,389	)		1,554			(6,401	)		4,128
Contract Transactions:
Payments received from contract owners														—			—			163			262
Transfers between sub-accounts and the fixed account, net														(442	)		(10	)		(1,250	)		1,761
Contract benefits														(98	)		(85	)		(39	)		(19	)
Contract terminations														(293	)		(142	)		(280	)		(387	)
Contract maintenance charges														(1	)		(2	)		—			—
Other transfers (to) from EFILI, net														3			(14	)		(1	)		1
Net increase (decrease) in net assets from contract transactions														(831	)		(253	)		(1,407	)		1,618
Total increase (decrease) in net assets														(3,220	)		1,301			(7,808	)		5,746
Net Assets:
Beginning of period														9,809			8,508			26,348			20,602
End of period													$	6,589		$	9,809		$	18,540		$	26,348
(In thousands)	Subaccounts Investing In:
	VIP – Investment Grade Bond Initial Class						VIP – Investment Grade Bond Investor Class						VIP – Asset Manager Initial Class						VIP – Asset Manager Investor Class
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	169		$	197		$	1,328		$	1,466		$	278		$	204		$	448		$	392
Net realized gain (loss) on investments		463			504			2,677			3,124			1,457			376			1,684			801
Unrealized appreciation (depreciation)		(2,603	)		(964	)		(13,889	)		(5,423	)		(5,756	)		1,744			(6,411	)		1,497
Net increase (decrease) in net assets from operations		(1,971	)		(263	)		(9,884	)		(833	)		(4,021	)		2,324			(4,279	)		2,690
Contract Transactions:
Payments received from contract owners		—			—			678			1,001			—			—			163			175
Transfers between sub-accounts and the fixed account, net		(1,146	)		(342	)		(7,381	)		(11,100	)		204			(1,091	)		(690	)		(853	)
Contract benefits		(459	)		(663	)		(31	)		—			(497	)		(415	)		—			—
Contract terminations		(753	)		(1,119	)		(2,222	)		(3,863	)		(1,308	)		(1,049	)		(1,373	)		(1,418	)
Contract maintenance charges		(2	)		(2	)		—			—			(2	)		(2	)		—			—
Other transfers (to) from EFILI, net		18			(59	)		3			(1	)		(15	)		(94	)		1			1
Net increase (decrease) in net assets from contract transactions		(2,342	)		(2,185	)		(8,953	)		(13,963	)		(1,618	)		(2,651	)		(1,899	)		(2,095	)
Total increase (decrease) in net assets		(4,313	)		(2,448	)		(18,837	)		(14,796	)		(5,639	)		(327	)		(6,178	)		595
Net Assets:
Beginning of period		15,822			18,270			78,013			92,809			26,545			26,872			28,968			28,373
End of period	$	11,509		$	15,822		$	59,176		$	78,013		$	20,906		$	26,545		$	22,790		$	28,968

See accompanying notes which are an integral part of the financial statements.

36 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Changes in Net Assets - continued

For the years ended December 31, 2022 and 2021

(In thousands)							Subaccounts Investing In:
							VIP – Index 500 Initial Class						VIP – Asset Manager Growth Initial Class						VIP – Asset Manager Growth Investor Class
							12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)							$	4,388		$	3,594		$	66		$	51		$	174		$	145
Net realized gain (loss) on investments								13,751			32,113			657			267			775			572
Unrealized appreciation (depreciation)								(94,659	)		54,524			(2,198	)		727			(3,146	)		768
Net increase (decrease) in net assets from operations								(76,520	)		90,231			(1,475	)		1,045			(2,197	)		1,485
Contract Transactions:
Payments received from contract owners								4,168			4,497			—			—			121			66
Transfers between sub-accounts and the fixed account, net								11,980			13,166			(235	)		(26	)		(222	)		382
Contract benefits								(2,199	)		(1,210	)		(197	)		(82	)		—			—
Contract terminations								(5,672	)		(16,989	)		(521	)		(237	)		(5	)		(247	)
Contract maintenance charges								(9	)		(10	)		(1	)		(1	)		—			—
Other transfers (to) from EFILI, net								(70	)		(730	)		(44	)		(60	)		1			(2	)
Net increase (decrease) in net assets from contract transactions								8,198			(1,276	)		(998	)		(406	)		(105	)		199
Total increase (decrease) in net assets								(68,322	)		88,955			(2,473	)		639			(2,302	)		1,684
Net Assets:
Beginning of period								410,684			321,729			8,783			8,144			12,641			10,957
End of period							$	342,362		$	410,684		$	6,310		$	8,783		$	10,339		$	12,641
(In thousands)	Subaccounts Investing In:
	VIP – Contrafund Initial Class						VIP – Contrafund Investor Class						VIP – Balanced Initial Class						VIP – Balanced Investor Class
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	(409	)	$	(1,149	)	$	504		$	(263	)	$	66		$	17		$	2,310		$	1,447
Net realized gain (loss) on investments		9,516			23,715			12,922			37,836			1,391			1,924			22,740			32,760
Unrealized appreciation (depreciation)		(53,450	)		13,601			(76,932	)		14,981			(4,752	)		857			(86,950	)		15,565
Net increase (decrease) in net assets from operations		(44,343	)		36,167			(63,506	)		52,554			(3,295	)		2,798			(61,900	)		49,772
Contract Transactions:
Payments received from contract owners		—			—			1,080			3,063			—			—			4,620			6,920
Transfers between sub-accounts and the fixed account, net		(2,837	)		(1,840	)		(7,384	)		55			(616	)		(50	)		(1,706	)		12,753
Contract benefits		(2,260	)		(2,400	)		(138	)		(42	)		(323	)		(638	)		(68	)		—
Contract terminations		(4,695	)		(3,609	)		(3,233	)		(6,524	)		(485	)		(182	)		(11,387	)		(9,910	)
Contract maintenance charges		(19	)		(22	)		—			—			(2	)		(2	)		—			—
Other transfers (to) from EFILI, net		(298	)		10			2			1			31			(119	)		(6	)		(1	)
Net increase (decrease) in net assets from contract transactions		(10,109	)		(7,861	)		(9,673	)		(3,447	)		(1,395	)		(991	)		(8,547	)		9,762
Total increase (decrease) in net assets		(54,452	)		28,306			(73,179	)		49,107			(4,690	)		1,807			(70,447	)		59,534
Net Assets:
Beginning of period		167,541			139,235			242,968			193,861			18,230			16,423			336,919			277,385
End of period	$	113,089		$	167,541		$	169,789		$	242,968		$	13,540		$	18,230		$	266,472		$	336,919

See accompanying notes which are an integral part of the financial statements.

37 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Changes in Net Assets - continued

For the years ended December 31, 2022 and 2021

(In thousands)	Subaccounts Investing In:
	VIP – Dynamic Capital Appreciation Initial Class						VIP – Dynamic Capital Appreciation Investor Class						VIP – Growth & Income Initial Class						VIP – Growth & Income Investor Class
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	(10	)	$	(8	)	$	7		$	26		$	133		$	280		$	504		$	663
Net realized gain (loss) on investments		243			309			2,125			2,018			1,427			1,415			1,536			2,171
Unrealized appreciation (depreciation)		(698	)		148			(5,437	)		1,185			(2,882	)		2,179			(3,997	)		3,576
Net increase (decrease) in net assets from operations		(465	)		449			(3,305	)		3,229			(1,322	)		3,874			(1,957	)		6,410
Contract Transactions:
Payments received from contract owners		—			—			78			72			—			—			212			306
Transfers between sub-accounts and the fixed account, net		15			(118	)		(2,095	)		(148	)		(57	)		(89	)		3,935			1,403
Contract benefits		(9	)		(12	)		—			—			(442	)		(392	)		—			—
Contract terminations		(110	)		(64	)		(609	)		(79	)		(817	)		(480	)		(984	)		(512	)
Contract maintenance charges		—			(1	)		—			—			(2	)		(2	)		—			—
Other transfers (to) from EFILI, net		(11	)		2			1			(1	)		(44	)		32			6			(1	)
Net increase (decrease) in net assets from contract transactions		(115	)		(193	)		(2,625	)		(156	)		(1,362	)		(931	)		3,169			1,196
Total increase (decrease) in net assets		(580	)		256			(5,930	)		3,073			(2,684	)		2,943			1,212			7,606
Net Assets:
Beginning of period		2,158			1,902			16,776			13,703			18,746			15,803			32,883			25,277
End of period	$	1,578		$	2,158		$	10,846		$	16,776		$	16,062		$	18,746		$	34,095		$	32,883
(In thousands)	Subaccounts Investing In:
	VIP – Growth Opportunities Initial Class						VIP – Growth Opportunities Investor Class						VIP – Mid Cap Initial Class						VIP – Mid Cap Investor Class
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	(149	)	$	(246	)	$	(112	)	$	(177	)	$	(84	)	$	(60	)	$	160		$	224
Net realized gain (loss) on investments		5,448			5,760			16,654			25,015			1,760			5,046			3,757			11,281
Unrealized appreciation (depreciation)		(15,612	)		(2,521	)		(52,880	)		(14,354	)		(6,329	)		1,155			(13,326	)		1,324
Net increase (decrease) in net assets from operations		(10,313	)		2,993			(36,338	)		10,484			(4,653	)		6,141			(9,409	)		12,829
Contract Transactions:
Payments received from contract owners		—			—			608			3,718			—			—			139			722
Transfers between sub-accounts and the fixed account, net		(3,516	)		69			(13,313	)		(4,268	)		(330	)		64			1,314			306
Contract benefits		(704	)		(981	)		(34	)		(79	)		(401	)		(419	)		(57	)		(18	)
Contract terminations		(1,034	)		(770	)		(1,527	)		(2,536	)		(763	)		(527	)		(1,294	)		(960	)
Contract maintenance charges		(2	)		(2	)		—			—			(5	)		(5	)		—			—
Other transfers (to) from EFILI, net		23			173			1			1			32			(223	)		(1	)		1
Net increase (decrease) in net assets from contract transactions		(5,233	)		(1,511	)		(14,265	)		(3,164	)		(1,467	)		(1,110	)		101			51
Total increase (decrease) in net assets		(15,546	)		1,482			(50,603	)		7,320			(6,120	)		5,031			(9,308	)		12,880
Net Assets:
Beginning of period		29,335			27,853			104,067			96,747			30,493			25,462			63,540			50,660
End of period	$	13,789		$	29,335		$	53,464		$	104,067		$	24,373		$	30,493		$	54,232		$	63,540

See accompanying notes which are an integral part of the financial statements.

38 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Changes in Net Assets - continued

For the years ended December 31, 2022 and 2021

(In thousands)	Subaccounts Investing In:
	VIP – Value Strategies Initial Class						VIP – Value Strategies Investor Class						VIP – Utilities Initial Class						VIP – Utilities Investor Class
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	10		$	42		$	167		$	275		$	62		$	19		$	220		$	211
Net realized gain (loss) on investments		256			1,013			1,074			4,058			151			39			1,036			393
Unrealized appreciation (depreciation)		(757	)		198			(2,888	)		696			(59	)		218			(783	)		1,524
Net increase (decrease) in net assets from operations		(491	)		1,253			(1,647	)		5,029			154			276			473			2,128
Contract Transactions:
Payments received from contract owners		—			—			201			406			—			—			198			35
Transfers between sub-accounts and the fixed account, net		(593	)		1,335			(2,329	)		5,572			5,326			(197	)		3,469			(844	)
Contract benefits		(48	)		(64	)		—			—			(189	)		(15	)		(5	)		(2	)
Contract terminations		(228	)		(85	)		(545	)		(369	)		(41	)		(42	)		(478	)		(169	)
Contract maintenance charges		(1	)		(1	)		—			—			(1	)		—			—			—
Other transfers (to) from EFILI, net		4			13			—			(1	)		99			(2	)		(2	)		(1	)
Net increase (decrease) in net assets from contract transactions		(866	)		1,198			(2,673	)		5,608			5,194			(256	)		3,182			(981	)
Total increase (decrease) in net assets		(1,357	)		2,451			(4,320	)		10,637			5,348			20			3,655			1,147
Net Assets:
Beginning of period		6,148			3,697			22,829			12,192			1,949			1,929			14,028			12,881
End of period	$	4,791		$	6,148		$	18,509		$	22,829		$	7,297		$	1,949		$	17,683		$	14,028
(In thousands)	Subaccounts Investing In:
	VIP – Technology Initial Class						VIP – Technology Investor Class						VIP – Energy Initial Class						VIP – Energy Investor Class
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	(202	)	$	(287	)	$	(152	)	$	(184	)	$	109		$	39		$	586		$	249
Net realized gain (loss) on investments		6,129			8,502			16,085			25,539			476			69			5,075			615
Unrealized appreciation (depreciation)		(18,925	)		55			(64,453	)		3,106			1,121			552			3,282			1,771
Net increase (decrease) in net assets from operations		(12,998	)		8,270			(48,520	)		28,461			1,706			660			8,943			2,635
Contract Transactions:
Payments received from contract owners		—			—			737			1,505			—			—			166			147
Transfers between sub-accounts and the fixed account, net		(7,556	)		(2,226	)		(5,880	)		(2,854	)		3,527			630			6,420			7,360
Contract benefits		(342	)		(1,024	)		(22	)		(13	)		(111	)		(20	)		—			(2	)
Contract terminations		(674	)		(512	)		(2,704	)		(1,091	)		(136	)		(79	)		(507	)		(109	)
Contract maintenance charges		(4	)		(5	)		—			—			(1	)		—			—			—
Other transfers (to) from EFILI, net		(26	)		260			1			(1	)		—			1			2			(1	)
Net increase (decrease) in net assets from contract transactions		(8,602	)		(3,507	)		(7,868	)		(2,454	)		3,279			532			6,081			7,395
Total increase (decrease) in net assets		(21,600	)		4,763			(56,388	)		26,007			4,985			1,192			15,024			10,030
Net Assets:
Beginning of period		40,419			35,656			136,899			110,892			2,384			1,192			14,012			3,982
End of period	$	18,819		$	40,419		$	80,511		$	136,899		$	7,369		$	2,384		$	29,036		$	14,012

See accompanying notes which are an integral part of the financial statements.

39 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Changes in Net Assets - continued

For the years ended December 31, 2022 and 2021

(In thousands)	Subaccounts Investing In:
	VIP – Health Care Initial Class						VIP – Health Care Investor Class						VIP – Financial Services Initial Class						VIP – Financial Services Investor Class
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	(108	)	$	(120	)	$	(106	)	$	(74	)	$	9		$	24		$	327		$	350
Net realized gain (loss) on investments		1,061			1,828			5,255			9,286			(306	)		179			1,212			1,616
Unrealized appreciation (depreciation)		(3,226	)		(69	)		(15,014	)		(1,160	)		(259	)		217			(3,730	)		2,671
Net increase (decrease) in net assets from operations		(2,273	)		1,639			(9,865	)		8,052			(556	)		420			(2,191	)		4,637
Contract Transactions:
Payments received from contract owners		—			—			644			1,383			—			—			412			149
Transfers between sub-accounts and the fixed account, net		(1,006	)		(258	)		(1,823	)		(1,540	)		72			149			(5,603	)		7,403
Contract benefits		(163	)		(242	)		—			(10	)		(46	)		(22	)		—			—
Contract terminations		(441	)		(558	)		(2,492	)		(1,104	)		(249	)		(29	)		(541	)		(184	)
Contract maintenance charges		(2	)		(2	)		—			—			—			—			—			—
Other transfers (to) from EFILI, net		19			47			—			2			(11	)		4			—			(1	)
Net increase (decrease) in net assets from contract transactions		(1,593	)		(1,013	)		(3,671	)		(1,269	)		(234	)		102			(5,732	)		7,367
Total increase (decrease) in net assets		(3,866	)		626			(13,536	)		6,783			(790	)		522			(7,923	)		12,004
Net Assets:
Beginning of period		16,599			15,973			77,197			70,414			1,826			1,304			24,906			12,902
End of period	$	12,733		$	16,599		$	63,661		$	77,197		$	1,036		$	1,826		$	16,983		$	24,906
(In thousands)	Subaccounts Investing In:
	VIP – Industrials Initial Class						VIP – Industrials Investor Class						VIP – Consumer Discretionary Initial Class						VIP – Consumer Discretionary Investor Class
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	(11	)	$	(17	)	$	(4	)	$	(25	)	$	(15	)	$	(25	)	$	(31	)	$	(41	)
Net realized gain (loss) on investments		248			320			1,989			2,522			342			365			3,106			3,012
Unrealized appreciation (depreciation)		(468	)		(5	)		(3,791	)		(79	)		(1,347	)		158			(12,202	)		1,387
Net increase (decrease) in net assets from operations		(231	)		298			(1,806	)		2,418			(1,020	)		498			(9,127	)		4,358
Contract Transactions:
Payments received from contract owners		—			—			206			552			—			—			149			1,148
Transfers between sub-accounts and the fixed account, net		(37	)		(206	)		114			145			(729	)		132			(2,464	)		661
Contract benefits		(6	)		(6	)		—			—			(24	)		(50	)		—			(16	)
Contract terminations		(16	)		(53	)		(539	)		(155	)		(6	)		(18	)		(812	)		(152	)
Contract maintenance charges		—			—			—			—			—			—			—			—
Other transfers (to) from EFILI, net		(1	)		—			2			—			(67	)		26			—			2
Net increase (decrease) in net assets from contract transactions		(60	)		(265	)		(217	)		542			(826	)		90			(3,127	)		1,643
Total increase (decrease) in net assets		(291	)		33			(2,023	)		2,960			(1,846	)		588			(12,254	)		6,001
Net Assets:
Beginning of period		2,099			2,066			17,242			14,282			3,171			2,583			28,276			22,275
End of period	$	1,808		$	2,099		$	15,219		$	17,242		$	1,325		$	3,171		$	16,022		$	28,276

See accompanying notes which are an integral part of the financial statements.

40 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Changes in Net Assets - continued

For the years ended December 31, 2022 and 2021

(In thousands)	Subaccounts Investing In:
	VIP – Real Estate Initial Class						VIP – Real Estate Investor Class						VIP – Strategic Income Initial Class						VIP – Strategic Income Investor Class
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	15		$	10		$	191		$	196		$	113		$	94		$	1,946		$	1,613
Net realized gain (loss) on investments		44			26			506			505			(58	)		96			(426	)		1,266
Unrealized appreciation (depreciation)		(1,078	)		902			(7,186	)		5,258			(655	)		(39	)		(8,976	)		(581	)
Net increase (decrease) in net assets from operations		(1,019	)		938			(6,489	)		5,959			(600	)		151			(7,456	)		2,298
Contract Transactions:
Payments received from contract owners		—			—			335			138			—			—			1,136			1,126
Transfers between sub-accounts and the fixed account, net		208			329			(2,476	)		4,283			(339	)		(85	)		(4,841	)		899
Contract benefits		(67	)		(25	)		(1	)		(2	)		(119	)		(93	)		(65	)		(38	)
Contract terminations		(107	)		(158	)		(308	)		(138	)		(284	)		(53	)		(2,565	)		(2,241	)
Contract maintenance charges		(1	)		(1	)		—			—			(1	)		(1	)		—			—
Other transfers (to) from EFILI, net		(7	)		4			2			—			(4	)		4			(1	)		—
Net increase (decrease) in net assets from contract transactions		26			149			(2,448	)		4,281			(747	)		(228	)		(6,336	)		(254	)
Total increase (decrease) in net assets		(993	)		1,087			(8,937	)		10,240			(1,347	)		(77	)		(13,792	)		2,044
Net Assets:
Beginning of period		3,557			2,470			24,214			13,974			5,266			5,343			67,303			65,259
End of period	$	2,564		$	3,557		$	15,277		$	24,214		$	3,919		$	5,266		$	53,511		$	67,303
(In thousands)													Subaccounts Investing In:
													VIP – International Capital Appreciation Initial Class						VIP – International Capital Appreciation Investor Class
													12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)													$	(11	)	$	(21	)	$	12		$	(59	)
Net realized gain (loss) on investments														199			302			2,641			4,788
Unrealized appreciation (depreciation)														(915	)		(3	)		(13,578	)		(444	)
Net increase (decrease) in net assets from operations														(727	)		278			(10,925	)		4,285
Contract Transactions:
Payments received from contract owners														—			—			143			376
Transfers between sub-accounts and the fixed account, net														(15	)		(91	)		(1,808	)		868
Contract benefits														(78	)		(63	)		(1	)		(33	)
Contract terminations														(140	)		(71	)		(442	)		(1,134	)
Contract maintenance charges														—			—			—			—
Other transfers (to) from EFILI, net														5			6			(2	)		1
Net increase (decrease) in net assets from contract transactions														(228	)		(219	)		(2,110	)		78
Total increase (decrease) in net assets														(955	)		59			(13,035	)		4,363
Net Assets:
Beginning of period														2,742			2,683			40,668			36,305
End of period													$	1,787		$	2,742		$	27,633		$	40,668

See accompanying notes which are an integral part of the financial statements.

41 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Changes in Net Assets - continued

For the years ended December 31, 2022 and 2021

(In thousands)	Subaccounts Investing In:
	VIP – Value Initial Class						VIP – Value Investor Class
	12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	13		$	19		$	306		$	323
Net realized gain (loss) on investments		153			437			1,655			3,542
Unrealized appreciation (depreciation)		(340	)		79			(3,336	)		1,159
Net increase (decrease) in net assets from operations		(174	)		535			(1,375	)		5,024
Contract Transactions:
Payments received from contract owners		—			—			390			1,097
Transfers between sub-accounts and the fixed account, net		696			171			5,061			2,741
Contract benefits		(67	)		(47	)		—			(30	)
Contract terminations		(171	)		(165	)		(340	)		(368	)
Contract maintenance charges		(1	)		(1	)		—			—
Other transfers (to) from EFILI, net		12			7			(6	)		—
Net increase (decrease) in net assets from contract transactions		469			(35	)		5,105			3,440
Total increase (decrease) in net assets		295			500			3,730			8,464
Net Assets
Beginning of period		2,429			1,929			24,153			15,689
End of period	$	2,724		$	2,429		$	27,883		$	24,153
(In thousands)	Subaccounts Investing In:
	VIP – Freedom Income Initial Class						VIP – Investor Freedom Income Investor Class
	12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	14		$	3		$	79		$	44
Net realized gain (loss) on investments		34			24			(5	)		292
Unrealized appreciation (depreciation)		(179	)		(1	)		(673	)		(201	)
Net increase (decrease) in net assets from operations		(131	)		26			(599	)		135
Contract Transactions:
Payments received from contract owners		—			—			275			81
Transfers between sub-accounts and the fixed account, net		(27	)		123			(727	)		199
Contract benefits		—			—			—			—
Contract terminations		(30	)		(20	)		(1,158	)		(109	)
Contract maintenance charges		—			—			—			—
Other transfers (to) from EFILI, net		(2	)		—			(1	)		(2	)
Net increase (decrease) in net assets from contract transactions		(59	)		103			(1,611	)		169
Total increase (decrease) in net assets		(190	)		129			(2,210	)		304
Net Assets:
Beginning of period		1,052			923			5,317			5,013
End of period	$	862		$	1,052		$	3,107		$	5,317

See accompanying notes which are an integral part of the financial statements.

42 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Changes in Net Assets - continued

For the years ended December 31, 2022 and 2021

(In thousands)	Subaccounts Investing In:
	VIP – Freedom 2005 Initial Class						VIP – Investor Freedom 2005 Investor Class						VIP – Freedom 2010 Initial Class						VIP – Investor Freedom 2010 Investor Class
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	12		$	3		$	47		$	22		$	13		$	2		$	104		$	49
Net realized gain (loss) on investments		52			29			130			215			54			65			253			226
Unrealized appreciation (depreciation)		(191	)		(1	)		(528	)		(55	)		(215	)		(11	)		(1,217	)		43
Net increase (decrease) in net assets from operations		(127	)		31			(351	)		182			(148	)		56			(860	)		318
Contract Transactions:
Payments received from contract owners		—			—			—			4			—			—			12			10
Transfers between sub-accounts and the fixed account, net		(91	)		(3	)		(8	)		166			(19	)		3			(216	)		433
Contract benefits		—			—			—			—			—			—			—			—
Contract terminations		(7	)		(17	)		(292	)		(106	)		(11	)		(168	)		(207	)		(38	)
Contract maintenance charges		—			—			—			—			—			—			—			—
Other transfers (to) from EFILI, net		—			—			(1	)		1			—			(1	)		—			—
Net increase (decrease) in net assets from contract transactions		(98	)		(20	)		(301	)		65			(30	)		(166	)		(411	)		405
Total increase (decrease) in net assets		(225	)		11			(652	)		247			(178	)		(110	)		(1,271	)		723
Net Assets:
Beginning of period		988			977			2,779			2,532			1,044			1,154			6,273			5,550
End of period	$	763		$	988		$	2,127		$	2,779		$	866		$	1,044		$	5,002		$	6,273
(In thousands)	Subaccounts Investing In:
	VIP – Freedom 2015 Initial Class						VIP – Investor Freedom 2015 Investor Class						VIP –Freedom 2020 Initial Class						VIP –Investor Freedom 2020 Investor Class
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	15		$	4		$	189		$	82		$	29		$	9		$	310		$	171
Net realized gain (loss) on investments		109			69			588			1,180			250			218			1,342			2,519
Unrealized appreciation (depreciation)		(313	)		13			(2,427	)		(502	)		(694	)		(14	)		(4,820	)		(642	)
Net increase (decrease) in net assets from operations		(189	)		86			(1,650	)		760			(415	)		213			(3,168	)		2,048
Contract Transactions:
Payments received from contract owners		—			—			26			201			—			—			239			325
Transfers between sub-accounts and the fixed account, net		(27	)		10			1,465			(316	)		(437	)		236			(1,906	)		(3,409	)
Contract benefits		—			—			—			(160	)		—			—			—			—
Contract terminations		(26	)		(108	)		(107	)		(177	)		(8	)		(263	)		(707	)		(1,042	)
Contract maintenance charges		—			(1	)		—			—			(1	)		(1	)		—			—
Other transfers (to) from EFILI, net		(1	)		(1	)		—			—			(1	)		—			(1	)		—
Net increase (decrease) in net assets from contract transactions		(54	)		(100	)		1,384			(452	)		(447	)		(28	)		(2,375	)		(4,126	)
Total increase (decrease) in net assets		(243	)		(14	)		(266	)		308			(862	)		185			(5,543	)		(2,078	)
Net Assets:
Beginning of period		1,267			1,281			9,637			9,329			2,791			2,606			21,149			23,227
End of period	$	1,024		$	1,267		$	9,371		$	9,637		$	1,929		$	2,791		$	15,606		$	21,149

See accompanying notes which are an integral part of the financial statements.

43 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Changes in Net Assets - continued

For the years ended December 31, 2022 and 2021

(In thousands)	Subaccounts Investing In:
	VIP – Freedom 2025 Initial Class						VIP – Investor Freedom 2025 Investor Class						VIP – Freedom 2030 Initial Class						VIP – Investor Freedom 2030 Investor Class
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	24		$	7		$	358		$	232		$	16		$	5		$	377		$	194
Net realized gain (loss) on investments		152			170			1,184			2,308			97			75			1,541			1,462
Unrealized appreciation (depreciation)		(590	)		50			(5,645	)		(321	)		(379	)		71			(6,220	)		853
Net increase (decrease) in net assets from operations		(414	)		227			(4,103	)		2,219			(266	)		151			(4,302	)		2,509
Contract Transactions:
Payments received from contract owners		—			—			452			1,086			—			—			1,044			800
Transfers between sub-accounts and the fixed account, net		44			8			(5,953	)		4,414			43			122			1,126			858
Contract benefits		—			—			—			—			—			—			—			—
Contract terminations		(295	)		(6	)		(519	)		(2,166	)		(8	)		(11	)		(760	)		(97	)
Contract maintenance charges		—			—			—			—			—			—			—			—
Other transfers (to) from EFILI, net		3			(1	)		1			3			1			(2	)		(1	)		—
Net increase (decrease) in net assets from contract transactions		(248	)		1			(6,019	)		3,337			36			109			1,409			1,561
Total increase (decrease) in net assets		(662	)		228			(10,122	)		5,556			(230	)		260			(2,893	)		4,070
Net Assets:
Beginning of period		2,413			2,185			27,168			21,612			1,564			1,304			24,250			20,180
End of period	$	1,751		$	2,413		$	17,046		$	27,168		$	1,334		$	1,564		$	21,357		$	24,250

(In thousands)	Subaccounts Investing In:
	VIP – Freedom Lifetime Income I						VIP – Freedom Lifetime Income II						VIP – Freedom Lifetime Income III						VIP – Disciplined Small Cap Initial Class						VIP – Disciplined Small Cap Investor Class
	12/31/21			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	21		$	7		$	14		$	4		$	33		$	13		$	—		$	(7	)	$	150		$	46
Net realized gain (loss) on investments		43			59			66			61			201			158			224			163			4,528			2,616
Unrealized appreciation (depreciation)		(245	)		(24	)		(231	)		(6	)		(677	)		65			(532	)		114			(10,049	)		2,195
Net increase (decrease) in net assets from operations		(181	)		42			(151	)		59			(443	)		236			(308	)		270			(5,371	)		4,857
Contract Transactions:
Payments received from contract owners		—			—			—			—			—			—			—			—			66			806
Transfers between sub-accounts and the fixed account, net		—			—			—			—			—			—			(141	)		154			(369	)		1,030
Contract benefits		(138	)		(142	)		(88	)		(97	)		(150	)		(171	)		(12	)		(26	)		—			(11	)
Contract terminations		—			—			—			—			—			—			(115	)		(121	)		(357	)		(392	)
Contract maintenance charges		—			—			—			—			—			—			—			—			—			—
Other transfers (to) from EFILI, net		(73	)		17			20			22			15			17			(1	)		(5	)		2			(4	)
Net increase (decrease) in net assets from contract transactions		(211	)		(125	)		(68	)		(75	)		(135	)		(154	)		(269	)		2			(658	)		1,429
Total increase (decrease) in net assets		(392	)		(83	)		(219	)		(16	)		(578	)		82			(577	)		272			(6,029	)		6,286
Net Assets:
Beginning of period		1,524			1,607			1,088			1,104			2,729			2,647			1,626			1,354			29,070			22,784
End of period	$	1,132		$	1,524		$	869		$	1,088		$	2,151		$	2,729		$	1,049		$	1,626		$	23,041		$	29,070

See accompanying notes which are an integral part of the financial statements.

44 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Changes in Net Assets - continued

For the years ended December 31, 2022 and 2021

(In thousands)	Subaccounts Investing In:
	VIP – FundsManager 20% Investor Class						VIP – FundsManager 50% Investor Class						VIP – FundsManager 60% Investor Class						VIP – FundsManager 70% Investor Class
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	1,329		$	583		$	2,621		$	1,511		$	2,195		$	1,095		$	1,853		$	1,129
Net realized gain (loss) on investments		4,404			904			25,718			6,091			31,352			7,021			24,254			5,418
Unrealized appreciation (depreciation)		(12,936	)		945			(53,716	)		8,153			(66,816	)		13,964			(50,461	)		11,551
Net increase (decrease) in net assets from operations		(7,203	)		2,432			(25,377	)		15,755			(33,269	)		22,080			(24,354	)		18,098
Contract Transactions:
Payments received from contract owners		1,097			1,757			1,700			3,477			728			2,630			2,000			3,663
Transfers between sub-accounts and the fixed account, net		(2,234	)		8,803			(8,678	)		8,972			(3,188	)		11,832			1,516			9,398
Contract benefits		(104	)		(234	)		(771	)		(785	)		(1,263	)		(767	)		(308	)		(349	)
Contract terminations		(6,272	)		(3,822	)		(5,631	)		(5,204	)		(11,002	)		(8,442	)		(2,243	)		(2,046	)
Contract maintenance charges		(1	)		(1	)		(2	)		(3	)		(1	)		(1	)		—			—
Other transfers (to) from EFILI, net		(16	)		(33	)		(77	)		(2	)		71			22			2			85
Net increase (decrease) in net assets from contract transactions		(7,530	)		6,470			(13,459	)		6,455			(14,655	)		5,274			967			10,751
Total increase (decrease) in net assets		(14,733	)		8,902			(38,836	)		22,210			(47,924	)		27,354			(23,387	)		28,849
Net Assets:
Beginning of period		75,816			66,914			180,611			158,401			214,965			187,611			151,819			122,970
End of period	$	61,083		$	75,816		$	141,775		$	180,611		$	167,041		$	214,965		$	128,432		$	151,819
(In thousands)	Subaccounts Investing In:
	VIP – FundsManager 85% Investor Class						VIP – Consumer Staples Initial Class						VIP – Consumer Staples Investor Class						VIP – Materials Initial Class
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	543		$	490		$	11		$	11		$	300		$	298		$	4		$	—
Net realized gain (loss) on investments		12,136			4,182			67			74			1,209			1,351			49			69
Unrealized appreciation (depreciation)		(24,475	)		5,725			(112	)		46			(1,807	)		684			(273	)		195
Net increase (decrease) in net assets from operations		(11,796	)		10,397			(34	)		131			(298	)		2,333			(220	)		264
Contract Transactions:
Payments received from contract owners		1,948			1,847			—			—			215			53			—			—
Transfers between sub-accounts and the fixed account, net		1,128			(2,207	)		419			(208	)		2,056			(1,706	)		451			546
Contract benefits		(136	)		(154	)		(11	)		(27	)		(1	)		—			(7	)		(32	)
Contract terminations		(1,006	)		(2,226	)		(92	)		(6	)		(285	)		(195	)		(84	)		(30	)
Contract maintenance charges		—			—			—			—			—			—			—			—
Other transfers (to) from EFILI, net		16			17			(66	)		8			—			—			—			4
Net increase (decrease) in net assets from contract transactions		1,950			(2,723	)		250			(233	)		1,985			(1,848	)		360			488
Total increase (decrease) in net assets		(9,846	)		7,674			216			(102	)		1,687			485			140			752
Net Assets:
Beginning of period		67,739			60,065			1,040			1,142			18,702			18,217			1,355			603
End of period	$	57,893		$	67,739		$	1,256		$	1,040		$	20,389		$	18,702		$	1,495		$	1,355

See accompanying notes which are an integral part of the financial statements.

45 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Changes in Net Assets - continued

For the years ended December 31, 2022 and 2021

(In thousands)	Subaccounts Investing In:
	VIP – Materials Investor Class						VIP – Communication Services Initial Class						VIP – Communication Services Investor Class						VIP – Emerging Markets Initial Class
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	69		$	31		$	(11	)	$	(17	)	$	(12	)	$	(19	)	$	6		$	10
Net realized gain (loss) on investments		174			873			148			224			655			1,774			(13	)		170
Unrealized appreciation (depreciation)		(1,268	)		771			(889	)		8			(4,734	)		(265	)		(133	)		(248	)
Net increase (decrease) in net assets from operations		(1,025	)		1,675			(752	)		215			(4,091	)		1,490			(140	)		(68	)
Contract Transactions:
Payments received from contract owners		73			231			—			—			50			145			—			—
Transfers between sub-accounts and the fixed account, net		1,466			1,801			(296	)		574			(1,305	)		686			(2	)		126
Contract benefits		—			—			(3	)		(5	)		—			—			(10	)		(3	)
Contract terminations		(141	)		(141	)		(95	)		(36	)		(285	)		(48	)		(1	)		(123	)
Contract maintenance charges		—			—			—			—			—			—			—			—
Other transfers (to) from EFILI, net		—			—			(1	)		(7	)		(1	)		(1	)		(2	)		(1	)
Net increase (decrease) in net assets from contract transactions		1,398			1,891			(395	)		526			(1,541	)		782			(15	)		(1	)
Total increase (decrease) in net assets		373			3,566			(1,147	)		741			(5,632	)		2,272			(155	)		(69	)
Net Assets:
Beginning of period		7,352			3,786			2,196			1,455			11,694			9,422			702			771
End of period	$	7,725		$	7,352		$	1,049		$	2,196		$	6,062		$	11,694		$	547		$	702

(In thousands)	Subaccounts Investing In:
	VIP – Emerging Markets Investor Class						VIP – Floating Rate High Income Initial Class						VIP – Floating Rate High Income Investor Class						VIP – Bond Index Initial Class						VIP – Total Market Index Initial Class
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	197		$	315		$	84		$	20		$	1,058		$	561		$	387		$	208		$	419		$	264
Net realized gain (loss) on investments		(175	)		3,673			27			4			(48	)		47			(320	)		141			1,206			2,390
Unrealized appreciation (depreciation)		(3,180	)		(4,488	)		(100	)		17			(1,242	)		294			(3,565	)		(1,041	)		(8,803	)		2,872
Net increase (decrease) in net assets from operations		(3,158	)		(500	)		11			41			(232	)		902			(3,498	)		692			(7,178	)		5,526
Contract Transactions:
Payments received from contract owners		178			1,222			—			—			551			939			340			1,394			631			600
Transfers between sub-accounts and the fixed account, net		573			(4,705	)		1,325			260			974			7,952			2,034			(3,401	)		6,536			15,111
Contract benefits		(1	)		—			(78	)		(27	)		—			(26	)		(14	)		(36	)		(12	)		(37	)
Contract terminations		(242	)		(199	)		—			—			(1,448	)		(572	)		(613	)		(228	)		(654	)		(2,867	)
Contract maintenance charges		—			—			—			—			—			—			—			—			—			—
Other transfers (to) from EFILI, net		—			—			32			9			(1	)		(1	)		7			(8	)		5			6
Net increase (decrease) in net assets from contract transactions		508			(3,681	)		1,279			242			76			8,292			1,754			(2,263	)		6,506			12,813
Total increase (decrease) in net assets		(2,650	)		(4,181	)		1,290			283			(156	)		9,194			(1,744	)		(2,955	)		(672	)		18,339
Net Assets:
Beginning of period		15,195			19,376			1,153			870			25,709			16,515			26,880			26,880			34,042			15,703
End of period	$	12,545		$	15,195		$	2,443		$	1,153		$	25,553		$	25,709		$	25,136		$	26,880		$	33,370		$	34,042

See accompanying notes which are an integral part of the financial statements.

46 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Changes in Net Assets - continued

For the years ended December 31, 2022 and 2021

(In thousands)	Subaccounts Investing In:
	VIP – Extended Market Index Initial Class						VIP – International Index Initial Class						VIF – Emerging Markets Equity Class I						VIF – Emerging Markets Debt Class I
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	99		$	71		$	330		$	363		$	4		$	38		$	603		$	511
Net realized gain (loss) on investments		260			1,493			76			647			487			53			(110	)		(77	)
Unrealized appreciation (depreciation)		(1,803	)		(348	)		(2,903	)		(137	)		(2,240	)		123			(2,390	)		(676	)
Net increase (decrease) in net assets from operations		(1,444	)		1,216			(2,497	)		873			(1,749	)		214			(1,897	)		(242	)
Contract Transactions:
Payments received from contract owners		156			117			230			716			9			190			214			224
Transfers between sub-accounts and the fixed account, net		2,015			1,039			2,518			2,111			527			(914	)		(832	)		(31	)
Contract benefits		(2	)		(5	)		(5	)		(23	)		(25	)		(73	)		(9	)		(27	)
Contract terminations		(111	)		(220	)		(59	)		(120	)		(137	)		(97	)		(236	)		(198	)
Contract maintenance charges		—			—			—			—			—			—			—			—
Other transfers (to) from EFILI, net		1			—			1			2			4			(8	)		—			2
Net increase (decrease) in net assets from contract transactions		2,059			931			2,685			2,686			378			(902	)		(863	)		(30	)
Total increase (decrease) in net assets		615			2,147			188			3,559			(1,371	)		(688	)		(2,760	)		(272	)
Net Assets:
Beginning of period		7,252			5,105			15,364			11,805			6,786			7,474			10,422			10,694
End of period	$	7,867		$	7,252		$	15,552		$	15,364		$	5,415		$	6,786		$	7,662		$	10,422

(In thousands)	Subaccounts Investing In:
	VIF – Global Strategist – Class II						Invesco – V.I. Global Core Equity Series I						Allspring – VT Discovery Class 2
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	(8	)	$	78		$	7		$	47		$	(26	)	$	(44	)
Net realized gain (loss) on investments		621			158			326			1,179			1,080			564
Unrealized appreciation (depreciation)		(1,420	)		147			(1,713	)		(363	)		(2,857	)		(832	)
Net increase (decrease) in net assets from operations		(807	)		383			(1,380	)		863			(1,803	)		(312	)
Contract Transactions:
Payments received from contract owners		50			11			1			3			—			—
Transfers between sub-accounts and the fixed account, net		(177	)		(386	)		147			(84	)		(114	)		(43	)
Contract benefits		(15	)		(20	)		(14	)		(19	)		(39	)		(303	)
Contract terminations		(248	)		(58	)		(177	)		(70	)		(66	)		(24	)
Contract maintenance charges		—			—			—			—			(2	)		(2	)
Other transfers (to) from EFILI, net		3			(16	)		5			(6	)		(6	)		(138	)
Net increase (decrease) in net assets from contract transactions		(387	)		(469	)		(38	)		(176	)		(227	)		(510	)
Total increase (decrease) in net asset		(1,194	)		(86	)		(1,418	)		687			(2,030	)		(822	)
Net Assets:
Beginning of period		4,672			4,758			6,137			5,450			4,777			5,599
End of period	$	3,478		$	4,672		$	4,719		$	6,137		$	2,747		$	4,777

See accompanying notes which are an integral part of the financial statements.

47 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Changes in Net Assets - continued

For the years ended December 31, 2022 and 2021

(In thousands)	Subaccounts Investing In:
	Allspring – VT Opportunity Class 2						Lazard – Retirement Emerging Markets Portfolio - Investor
	12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	(11	)	$	(11	)	$	202		$	146
Net realized gain (loss) on investments		245			92			(340	)		12
Unrealized appreciation (depreciation)		(573	)		233			(1,079	)		255
Net increase (decrease) in net assets from operations		(339	)		314			(1,217	)		413
Contract Transactions:
Payments received from contract owners		—			—			6			13
Transfers between sub-accounts and the fixed account, net		(26	)		—			(1,243	)		(92	)
Contract benefits		(26	)		(32	)		(23	)		(6	)
Contract terminations		(46	)		(65	)		(68	)		(108	)
Contract maintenance charges		—			(1	)		—			—
Other transfers (to) from EFILI, net		7			14			—			—
Net increase (decrease) in net assets from contract transactions		(91	)		(84	)		(1,328	)		(193	)
Total increase (decrease) in net assets		(430	)		230			(2,545	)		220
Net Assets:
Beginning of period		1,585			1,355			7,767			7,547
End of period	$	1,155		$	1,585		$	5,222		$	7,767

(In thousands)	Subaccounts Investing In:
	PVIT – Commodity Real Return Strategy Portfolio - Administrative						PVIT – Low Duration Portfolio - Administrative						PVIT – Real Return Portfolio - Administrative						PVIT – Total Return Portfolio - Administrative
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	2,239		$	159		$	495		$	125		$	1,485		$	981		$	952		$	843
Net realized gain (loss) on investments		(120	)		141			(262	)		(59	)		(432	)		46			(1,039	)		2,097
Unrealized appreciation (depreciation)		(2,201	)		457			(2,418	)		(534	)		(3,929	)		59			(6,521	)		(3,737	)
Net increase (decrease) in net assets from operations		(82	)		757			(2,185	)		(468	)		(2,876	)		1,086			(6,608	)		(797	)
Contract Transactions:
Payments received from contract owners		117			152			395			210			53			97			218			118
Transfers between sub-accounts and the fixed account, net		2,403			2,332			(2,526	)		(4,927	)		(643	)		2,381			(5,777	)		(3,092	)
Contract benefits		(26	)		—			(4	)		(73	)		(43	)		(17	)		(23	)		(17	)
Contract terminations		(210	)		(19	)		(1,918	)		(677	)		(695	)		(609	)		(2,219	)		(1,556	)
Contract maintenance charges		—			—			(1	)		(1	)		—			—			—			—
Other transfers (to) from EFILI, net		(1	)		(2	)		—			(5	)		1			1			3			1
Net increase (decrease) in net assets from contract transactions		2,283			2,463			(4,054	)		(5,473	)		(1,327	)		1,853			(7,798	)		(4,546	)
Total increase (decrease) in net assets		2,201			3,220			(6,239	)		(5,941	)		(4,203	)		2,939			(14,406	)		(5,343	)
Net Assets:
Beginning of period		4,758			1,538			38,427			44,368			22,642			19,703			49,452			54,795
End of period	$	6,959		$	4,758		$	32,188		$	38,427		$	18,439		$	22,642		$	35,046		$	49,452

See accompanying notes which are an integral part of the financial statements.

48 Annual Report

Empire Fidelity Investments Variable Annuity Account A

Statements of Changes in Net Assets - continued

For the years ended December 31, 2022 and 2021

(In thousands)	Subaccounts Investing In:
	Blackrock – Global Allocation V.I. Fund - Class I						FTVIP – Templeton Global Bond Fund - Class 2						FTVIP – Franklin U.S. Government Securities Fund - Class 2
	12/31/22			12/31/21			12/31/22			12/31/21			12/31/22			12/31/21
Operations:
Net investment income (loss)	$	(60	)	$	217		$	(9	)	$	(13	)	$	140		$	173
Net realized gain (loss) on investments		178			5,664			(323	)		(325	)		(208	)		(7	)
Unrealized appreciation (depreciation)		(6,127	)		(3,698	)		23			(33	)		(681	)		(336	)
Net increase (decrease) in net assets from operations		(6,009	)		2,183			(309	)		(371	)		(749	)		(170	)
Contract Transactions:
Payments received from contract owners		241			305			13			70			41			111
Transfers between sub-accounts and the fixed account, net		(1,876	)		1,520			(134	)		(1,292	)		(774	)		(550	)
Contract benefits		(1	)		(1	)		—			—			—			—
Contract terminations		(755	)		(366	)		(327	)		(54	)		(578	)		(167	)
Contract maintenance charges		(1	)		(1	)		—			—			—			—
Other transfers (to) from EFILI, net		—			2			(1	)		1			2			—
Net increase (decrease) in net assets from contract transactions		(2,392	)		1,459			(449	)		(1,275	)		(1,309	)		(606	)
Total increase (decrease) in net assets		(8,401	)		3,642			(758	)		(1,646	)		(2,058	)		(776	)
Net Assets:
Beginning of period		37,966			34,324			6,101			7,747			7,675			8,451
End of period	$	29,565		$	37,966		$	5,343		$	6,101		$	5,617		$	7,675

See accompanying notes which are an integral part of the financial statements.

49 Annual Report

Notes to Financial Statements

Empire Fidelity Investments Variable Annuity Account A

1. Organization

Empire Fidelity Investments Variable Annuity Account A (the “Account”), a unit investment trust registered under the Investment Company Act of 1940 as amended, was established by Empire Fidelity Investments Life Insurance Company (“EFILI”) on July 15, 1991 and exists in accordance with the regulations of the New York State Department of Financial Services (“Insurance Department”). EFILI is a wholly-owned subsidiary of Fidelity Investments Life Insurance Company (“FILI”) which is a wholly-owned subsidiary of FMR LLC. The Account is a funding vehicle of individual Retirement Reserves, Personal Retirement Annuity, Income Advantage, Freedom Lifetime Income and Growth and Guaranteed Income variable annuity contracts. Retirement Reserves, Growth and Guaranteed Income, which offered a guaranteed minimum withdrawal benefit, Income Advantage and Freedom Lifetime Income were closed to new business. Under applicable insurance law, the assets and liabilities of the Account are clearly identified and distinguished from the other assets and liabilities of EFILI. The Account cannot be charged with liabilities arising out of any other business of EFILI.

Each subaccount invests exclusively in one of the Funds (“Underlying Funds”) that are part of the following fund groups:

Fund Groups

Fidelity Variable Insurance Product Funds (Initial Class) (“VIP – Initial Class”)

Fidelity Variable Insurance Product Funds (Investor Class) (“VIP – Investor Class”)

Morgan Stanley Variable Insurance Funds, Inc. (Class I) (“VIF”)

Morgan Stanley Variable Insurance Funds, Inc. (Class II) (“VIF”) (“VIF – Class II”)

Allspring Variable Trust Funds (Class 2) (“Allspring”)

Lazard Retirement Series, Inc. (Investor Class) (“Lazard”)

PIMCO Variable Insurance Trust Funds (Administrative Class) (“PVIT”)

Invesco Advisers, Inc. (Series I) (“Invesco”)

Franklin Templeton Variable Insurance Products Trust Funds (Class 2) (“FTVIP”)

Blackrock Variable Series Funds (Class I) (“Blackrock”)

As of December 31, 2022, the net assets and units of Retirement Reserve contracts that have annuitized were $17,822,000 and 83,000 respectively.

2. Significant Accounting Policies

The following is a summary of significant accounting policies followed consistently by the Account in preparation of the financial statements in conformity with accounting principles generally accepted in the United States of America (“GAAP”). The Financial Accounting Standards Board (“FASB”) established the FASB Accounting Standards Codification (“the Codification”) as the source of authoritative GAAP. All guidance contained in the Codification carries an equal level of authority.

Investments

Investments are made by the subaccounts in their corresponding mutual fund portfolios and are valued at the reported net asset values of such portfolios. Investment transactions are recorded on the trade date. Income from dividends and realized capital gain distributions are recorded on the ex-dividend date. Realized gains and losses include gains and losses on the sales of investments (computed on the basis of the identified cost of the investment sold) and capital gain distributions from the mutual funds.

Receivable from/Payable to EFILI

Receivable from/payable to EFILI represents adjustments for contract guarantees, which are the responsibility of EFILI, and accruals for daily charges deducted from the net assets of the Account.

Contract Transactions

Other transfers (to) from EFILI, net, as reported in the Statement of Changes in Net Assets, represents miscellaneous contract transfers.

Federal Income Taxes

The operations of the Account are included in the federal income tax return of EFILI, which is taxed as a life insurance company under the provisions of the Internal Revenue Code (the “Code”).

Under the current provisions of the Code, EFILI does not expect to incur federal income taxes on the earnings of the Account to the extent the earnings are credited under the contracts. EFILI incurs federal income taxes on the difference between the financial statement carrying value of reserves for contracts in the income stage and those reserves held for federal income tax purposes. The tax effect of this temporary difference is expected to be recovered by EFILI when the difference reverses. As such,

50 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

2. Significant Accounting Policies - continued

no charge is being made currently to the Account for federal income taxes. EFILI will review periodically the status of such decision based on changes in the tax law. Such a charge may be made in future years for any federal income taxes that would be attributable to the contracts.

Under the provisions of Section 817(h) of the Code, a variable annuity contract will not be treated as an annuity contract for federal income tax purposes for any period for which the investments of the segregated asset account on which the contract is based are not adequately diversified. The Code provides that the “adequately diversified” requirement may be met if the underlying investments satisfy either a statutory safe harbor test or diversification requirements set forth in regulations issued by the Secretary of the Treasury. The Internal Revenue Service has issued regulations under Section 817(h) of the Code. EFILI believes that the Separate Account satisfies the current requirements of the regulations, and it intends that it will continue to meet such requirements.

Estimates

The preparation of the Financial Statements in accordance with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the related amounts and disclosures in the financial statements. Actual results could differ from those estimates.

Fair Value Measurements

The Financial Accounting Standards Board issued guidance on fair value measurements that establishes a framework for measuring fair value under U.S. GAAP and disclosures about fair value measurements. The definition of fair value focuses on the price that would be received to sell the asset or paid to transfer the liability regardless of whether an observable market price existed (an exit price). In addition, the guidance establishes a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value into three broad levels (“Level 1, 2, and 3”).

The Account carries investments which are made by the subaccounts in their corresponding mutual funds at fair value in the financial statements. The mutual funds are valued at the reported net asset values of such portfolios. The Account categorized the financial assets carried at fair value in the Statement of Assets and Liabilities based upon the guidance’s three-level valuation hierarchy. The hierarchy gives the highest priority to quoted prices in active markets for identical assets or liabilities (Level 1) and the lowest priority to unobservable valuation inputs (Level 3). If the inputs used to measure a financial asset or liability cross different levels of the hierarchy, categorization is based on the lowest level input that is significant to the fair value measurement. The assessment of the significance of a particular input to the overall fair value measurement of a financial asset or liability requires judgment, and considers factors specific to the asset or liability. The three levels are described below:

• Level 1 – Financial assets and liabilities whose values are based on unadjusted quoted prices for identical assets and liabilities in an active market (e.g., active exchange-traded equities).

• Level 2 – Financial assets and liabilities whose values are based on quoted prices for similar assets and liabilities in active markets, and inputs that are observable for the asset or liability, either directly or indirectly, for substantially the full term of the asset or liability.

• Level 3 – Financial assets and liabilities whose values are based on prices or valuation techniques that require inputs that are both unobservable in the market and significant to the overall fair value measurement. These inputs reflect judgments about the assumptions that a market participant would use in pricing the asset or liability, and are based on the best available information, some of which is internally developed.

All subaccounts are invested in mutual funds whose value is based on the underlying net asset value of those funds. Open ended mutual funds in the subaccounts produce a daily NAV that is validated with a sufficient level of observable activity to support classification of the fair value measurement as Level 1. There were no transfers between Level 1 and Level 2 during 2022 or 2021. The Account had no Level 3 activity during 2022 and 2021.

3. Expenses and Related Party Transactions

EFILI deducts a daily charge, through a reduction in unit values, from the net assets of the Account for the assumption of mortality and expense risks and for administrative charges. EFILI also deducts an annual maintenance charge, through a redemption of units, for the Retirement Reserves. The maintenance charge, which is waived on certain contracts, is recorded as a contract transaction in the accompanying Statement of Changes in Net Assets.

EFILI previously offered Retirement Reserves contract holders the opportunity to elect a death benefit rider. The rider allowed the contract holder to lock in their death benefit at the highest contract value at any contract anniversary date before the annuitant reached age 80. Effective January 1, 2003, the rider was no longer available to new contracts. For those contract holders who had

51 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

3. Expenses and Related Party Transactions - continued

elected the rider, EFILI continues to deduct a quarterly charge, through a redemption of units. There will be no charges made once the annuitants reach their 85th birthday. The death benefit rider is recorded as a contract transaction in the accompanying Statement of Changes in Net Assets.

The annual mortality and expense and administrative charge for certain contract holders in Personal Retirement Annuity is .20% and .05%, respectively. In addition, certain Personal Retirement Annuity contract holders are eligible for a lower annual mortality and expense and administration charge of .05% and .05%, respectively, with an initial purchase or contract value of $1 million or greater.

Effective January 1, 2009, the annual mortality and expense and administrative charges for new contract holders in Growth and Guaranteed Income is 1.00% and .25%, respectively for single annuitants and 1.15% and .25%, respectively for joint annuitants. The annual mortality and expense and administrative charge for contract holders in Growth and Guaranteed Income prior to January 1, 2009 is .85% and .25%, respectively for single annuitants and 1.00% and .25%, respectively for joint annuitants.

The annual rates of mortality and expense risk fees, administrative expense fees, death benefit fees, and the maximum dollar amount of the contract fee for the year ended December 31, 2022 are displayed in the table below.

	Retirement Reserves		Income Advantage		Personal Retirement		Freedom Lifetime Income		Growth and Guaranteed Income
Variable Account Deductions:
Mortality and Expense Risk (Annual Rate)		0.75%		0.75%		0.05% - 0.20%		0.50%		0.85% - 1.15%
Administrative Expense (Annual Rate)		0.05%		0.25%		0.05%		0.10%		0.25%
Contract Deductions:
Death Benefit Fees (Annual Rate)		0.20%		—		—		—		—
Annual Maintenance Charge (Maximum)		$30		—		—		—		—

The disclosures above include charges currently assessed to the policyholder. There are certain other additional charges, such as exchange charges and other taxes which may be assessed in accordance with the terms of the contract in future periods.

The contracts are distributed through Fidelity Brokerage Services LLC (“FBS”), Fidelity Insurance Agency, Inc. (“FIA”), and Fidelity Investments Institutional Services Company, LLC. (“FIIS”), all of which are subsidiaries with FMR LLC. FBS, FIA and FIIS are the distributors, FBS is the principal underwriter of the contracts. Fidelity Investments Institutional Operations Company, LLC. (“FIIOC”), a subsidiary of FMR LLC, is the transfer and shareholder servicing agent for the VIP and VIP Investor Class portfolios.

Management fees are paid by certain funds to Fidelity Management & Research Company, a subsidiary of FMR LLC, in its capacity as advisor to the VIP and VIP Investor Class mutual fund portfolios. The total management fees, as a percentage of a fund’s average net assets, for the year ended December 31, 2022 were .045% to .780% depending on the fund.

4. Investments

Purchases and Sales

The following table shows aggregate cost of shares purchased and proceeds from sales of each portfolio for the year ended December 31, 2022:

	Purchases (000s)		Sales (000s)
VIP - Government Money Market Initial Class	$	24,682	$	20,486
VIP - Government Money Market Investor Class		177,080		113,539
VIP - High Income Initial Class		480		946
VIP - High Income Investor Class		4,331		8,402
VIP - Equity- Income Initial Class		2,927		6,515
VIP - Equity- Income Investor Class		13,316		10,996
VIP - Growth Initial Class		7,437		10,435
VIP - Growth Investor Class		17,542		16,869
VIP - Overseas Initial Class		185		929
VIP - Overseas Investor Class		2,502		3,554
VIP - Investment Grade Bond Initial Class		1,420		2,890
VIP - Investment Grade Bond Investor Class		11,957		15,938
VIP - Asset Manager Initial Class		2,562		2,381
VIP - Asset Manager Investor Class		2,987		2,734
VIP - Index 500 Initial Class		40,118		24,777
VIP - Asset Manager Growth Initial Class		623		1,065

52 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

4. Investments - continued

Purchases and Sales - (Continued)

	Purchases (000s)		Sales (000s)
VIP - Asset Manager Growth Investor Class	$	1,444	$	661
VIP - Contrafund Initial Class		7,519		11,872
VIP - Contrafund Investor Class		17,044		17,076
VIP - Balanced Initial Class		1,835		2,244
VIP - Balanced Investor Class		38,758		27,494
VIP - Dynamic Capital Appreciation Initial Class		347		245
VIP - Dynamic Capital Appreciation Investor Class		2,572		3,529
VIP - Growth & Income Initial Class		3,404		4,301
VIP - Growth & Income Investor Class		9,875		5,512
VIP - Growth Opportunities Initial Class		4,150		5,661
VIP - Growth Opportunities Investor Class		18,453		19,267
VIP - Mid Cap Initial Class		2,673		2,532
VIP - Mid Cap Investor Class		9,361		5,407
VIP - Value Strategies Initial Class		693		1,312
VIP - Value Strategies Investor Class		6,392		7,986
VIP - Utilities Initial Class		6,215		963
VIP - Utilities Investor Class		10,358		6,916
VIP - Technology Initial Class		7,143		12,991
VIP - Technology Investor Class		25,280		22,871
VIP - Energy Initial Class		10,572		7,186
VIP - Energy Investor Class		34,918		28,252
VIP - Health Care Initial Class		1,420		2,212
VIP - Health Care Investor Class		10,693		10,317
VIP - Financial Services Initial Class		3,404		3,587
VIP - Financial Services Investor Class		6,415		11,442
VIP - Industrials Initial Class		308		128
VIP - Industrials Investor Class		4,094		2,283
VIP - Consumer Discretionary Initial Class		337		949
VIP - Consumer Discretionary Investor Class		4,507		5,640
VIP - Real Estate Initial Class		1,084		950
VIP - Real Estate Investor Class		3,516		5,163
VIP - Strategic Income Initial Class		262		890
VIP - Strategic Income Investor Class		6,454		10,782
VIP - International Capital Appreciation Initial Class		250		325
VIP - International Capital Appreciation Investor Class		4,510		4,139
VIP - Value Initial Class		1,752		1,178
VIP - Value Investor Class		14,953		8,663
VIP - Freedom Income Initial Class		60		71
VIP - Freedom Income Investor Class		543		1,918
VIP - Freedom 2005 Initial Class		93		124
VIP - Investor Freedom 2005 Investor Class		488		585
VIP - Freedom 2010 Initial Class		75		37
VIP - Investor Freedom 2010 Investor Class		492		535
VIP - Freedom 2015 Initial Class		142		70
VIP - Investor Freedom 2015 Investor Class		2,493		314
VIP - Freedom 2020 Initial Class		342		512
VIP - Investor Freedom 2020 Investor Class		2,867		3,643
VIP - Freedom 2025 Initial Class		236		324
VIP - Investor Freedom 2025 Investor Class		3,091		7,058
VIP - Freedom 2030 Initial Class		182		40
VIP - Investor Freedom 2030 Investor Class		4,805		1,577
VIP - Freedom Lifetime Income I		101		232
VIP - Freedom Lifetime Income Ii		104		93
VIP - Freedom Lifetime Income Iii		258		164
VIP - Disciplined Small Cap Initial Class		331		347
VIP - Disciplined Small Cap Investor Class		7,052		3,006
VIP - Fundsmanager 20% Investor Class		13,197		14,595
VIP - Fundsmanager 50% Investor Class		39,148		23,148
VIP - Fundsmanager 60% Investor Class		42,179		22,091
VIP - Fundsmanager 70% Investor Class		36,854		9,854

53 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

4. Investments - continued

Purchases and Sales—(Continued)

	Purchases (000s)		Sales (000s)
VIP - Fundsmanager 85% Investor Class	$	18,437	$	3,807
VIP - Consumer Staples Initial Class		777		448
VIP - Consumer Staples Investor Class		7,749		4,323
VIP - Materials Initial Class		1,025		619
VIP - Materials Investor Class		5,218		3,513
VIP - Communication Services Initial Class		136		455
VIP - Communication Services Investor Class		1,114		2,200
VIP - Emerging Markets Initial Class		134		142
VIP - Emerging Markets Investor Class		3,065		2,360
VIP - Floating Rate High Income Initial Class		2,828		1,464
VIP - Floating Rate High Income Investor Class		8,990		7,856
VIP - Bond Index Initial Class		9,381		7,240
VIP - Total Market Index Initial Class		13,127		6,149
VIP - Extended Market Index Initial Class		3,681		1,373
VIP - International Index Initial Class		4,064		1,048
VIF - Emerging Markets Equity Class I		1,680		726
VIF - Emerging Markets Debt Class I		1,033		1,292
VIF - Global Strategist - Class Ii		881		615
Invesco - V.I. Global Core Equity Series I		609		299
Allspring - VT Discovery Class 2		1,086		260
Allspring - VT Opportunity Class 2		255		110
Lazard - Retirement Emerging Markets Portfolio - Investor		1,008		2,133
PVIT - Commodity Real Return Strategy Portfolio - Administrative		15,839		11,316
PVIT - Low Duration Portfolio - Administrative		4,367		7,925
PVIT - Real Return Portfolio - Administrative		5,159		5,002
PVIT - Total Return Portfolio - Administrative		2,364		9,213
Blackrock - Global Allocation V.i. Fund - Class I		1,271		3,330
FTVIP - Templeton Global Bond Fund - Class 2		799		1,257
FTVIP - Franklin Us Government Securities Fund - CLass 2		2,997		4,166

Shares, Aggregate Cost and Net Asset Value

The following table shows the number of shares owned, aggregate cost and net asset value per share of each portfolio at December 31, 2022:

	Number of Shares (000s)		Aggregate Cost (000s)		Net Asset Value Per Share
VIP - Government Money Market Initial Class		24,234	$	24,234	$	1.00
VIP - Government Money Market Investor Class		216,581		216,581		1.00
VIP - High Income Initial Class		965		12,051		4.41
VIP - High Income Investor Class		6,196		36,947		4.38
VIP - Equity- Income Initial Class		1,719		44,219		23.56
VIP - Equity- Income Investor Class		2,377		60,520		23.38
VIP - Growth Initial Class		805		60,956		71.51
VIP - Growth Investor Class		748		69,292		70.94
VIP - Overseas Initial Class		304		7,907		21.70
VIP - Overseas Investor Class		858		21,926		21.61
VIP - Investment Grade Bond Initial Class		1,065		14,589		10.80
VIP - Investment Grade Bond Investor Class		5,505		74,779		10.75
VIP - Asset Manager Initial Class		1,460		25,011		14.32
VIP - Asset Manager Investor Class		1,605		26,733		14.20
VIP - Index 500 Initial Class		914		292,710		374.78
VIP - Asset Manager Growth Initial Class		338		6,241		18.72
VIP - Asset Manager Growth Investor Class		556		11,354		18.58
VIP - Contrafund Initial Class		2,986		108,358		37.88
VIP - Contrafund Investor Class		4,520		183,660		37.56
VIP - Balanced Initial Class		698		13,431		19.38
VIP - Balanced Investor Class		13,900		273,646		19.17
VIP - Dynamic Capital Appreciation Initial Class		115		1,744		13.72
VIP - Dynamic Capital Appreciation Investor Class		793		12,438		13.68

54 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

4. Investments - continued

Shares, Aggregate Cost and Net Asset Value - (Continued)

	Number of Shares (000s)		Aggregate Cost (000s)		Net Asset Value Per Share
VIP - Growth & Income Initial Class		668	$	14,622	$	24.02
VIP - Growth & Income Investor Class		1,428		33,555		23.88
VIP - Growth Opportunities Initial Class		336		19,816		41.03
VIP - Growth Opportunities Investor Class		1,317		90,121		40.58
VIP - Mid Cap Initial Class		745		27,221		32.72
VIP - Mid Cap Investor Class		1,673		63,020		32.42
VIP - Value Strategies Initial Class		333		5,527		14.38
VIP - VALUE STRATEGIES INVESTOR CLASS		1,300		21,197		14.24
VIP - Utilities Initial Class		339		7,085		21.52
VIP - Utilities Investor Class		828		16,869		21.36
VIP - Technology Initial Class		899		24,833		20.94
VIP - Technology Investor Class		3,920		105,255		20.54
VIP - Energy Initial Class		293		7,670		25.16
VIP - Energy Investor Class		1,157		29,010		25.10
VIP - Health Care Initial Class		387		13,026		32.87
VIP - Health Care Investor Class		1,960		66,877		32.48
VIP - Financial Services Initial Class		74		1,215		14.01
VIP - Financial Services Investor Class		1,219		18,887		13.93
VIP - Industrials Initial Class		99		2,202		18.23
VIP - Industrials Investor Class		845		18,802		18.02
VIP - Consumer Discretionary Initial Class		56		1,724		23.54
VIP - Consumer Discretionary Investor Class		684		21,152		23.41
VIP - Real Estate Initial Class		155		3,756		16.54
VIP - Real Estate Investor Class		930		20,245		16.43
VIP - Strategic Income Initial Class		391		4,621		10.02
VIP - Strategic Income Investor Class		5,362		63,563		9.98
VIP - International Capital Appreciation Initial Class		107		2,032		16.69
VIP - International Capital Appreciation Investor Class		1,672		33,283		16.53
VIP - Value Initial Class		163		2,970		16.73
VIP - Value Investor Class		1,671		29,909		16.69
VIP - Freedom Income Initial Class		81		953		10.61
VIP - Freedom Income Investor Class		295		3,706		10.52
VIP - Freedom 2005 Initial Class		69		854		11.03
VIP - Investor Freedom 2005 Investor Class		204		2,482		10.45
VIP - Freedom 2010 Initial Class		75		985		11.55
VIP - Investor Freedom 2010 Investor Class		444		5,468		11.27
VIP - Freedom 2015 Initial Class		94		1,211		10.95
VIP - Investor Freedom 2015 Investor Class		847		11,015		11.06
VIP - Freedom 2020 Initial Class		167		2,316		11.56
VIP - Investor Freedom 2020 Investor Class		1,370		18,022		11.39
VIP - Freedom 2025 Initial Class		128		1,928		13.73
VIP - Investor Freedom 2025 Investor Class		1,345		19,644		12.67
VIP - Freedom 2030 Initial Class		97		1,459		13.72
VIP - Investor Freedom 2030 Investor Class		1,670		23,874		12.79
VIP - Freedom Lifetime Income I		114		1,309		9.93
VIP - Freedom Lifetime Income Ii		79		960		11.04
VIP - Freedom Lifetime Income Iii		185		2,310		11.63
VIP - Disciplined Small Cap Initial Class		77		1,385		13.62
VIP - Disciplined Small Cap Investor Class		1,702		29,470		13.54
VIP - Fundsmanager 20% Investor Class		6,084		70,402		10.04
VIP - Fundsmanager 50% Investor Class		13,737		173,050		10.32
VIP - Fundsmanager 60% Investor Class		19,222		212,648		8.69
VIP - Fundsmanager 70% Investor Class		11,969		155,657		10.73
VIP - Fundsmanager 85% Investor Class		5,513		71,091		10.50
VIP - Consumer Staples Initial Class		65		1,278		19.46
VIP - Consumer Staples Investor Class		1,054		20,667		19.35
VIP - Materials Initial Class		92		1,625		16.24
VIP - Materials Investor Class		476		8,430		16.23
VIP - Communication Services Initial Class		92		1,583		11.36
VIP - Communication Services Investor Class		539		9,239		11.25

55 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

4. Investments - continued

Shares, Aggregate Cost and Net Asset Value - (Continued)

	Number of Shares (000s)		Aggregate Cost (000s)		Net Asset Value Per Share
VIP - Emerging Markets Initial Class		55	$	827	$	9.87
VIP - Emerging Markets Investor Class		1,277		18,029		9.82
VIP - Floating Rate High Income Initial Class		259		2,546		9.43
VIP - Floating Rate High Income Investor Class		2,713		27,310		9.42
VIP - Bond Index Initial Class		2,674		29,349		9.40
VIP - Total Market Index Initial Class		2,413		36,405		13.83
VIP - Extended Market Index Initial Class		701		9,370		11.22
VIP - International Index Initial Class		1,655		17,270		9.40
VIF - Emerging Markets Equity Class I		454		9,043		11.92
VIF - Emerging Markets Debt Class I		1,424		12,779		5.38
VIF - Global Strategist - Class Ii		455		5,201		7.64
Invesco - V.I. Global Core Equity Series I		590		6,121		8.00
Allspring - VT Discovery Class 2		161		4,570		17.03
Allspring - VT Opportunity Class 2		52		1,432		22.32
Lazard - Retirement Emerging Markets Portfolio - Investor		295		7,583		17.72
PVIT - Commodity Real Return Strategy Portfolio - Administrative		1,010		10,262		6.89
PVIT - Low Duration Portfolio - Administrative		3,395		36,275		9.48
PVIT - Real Return Portfolio - Administrative		1,603		23,122		11.50
PVIT - Total Return Portfolio - Administrative		3,903		45,209		8.98
Blackrock - Global Allocation V.i. Fund - Class I		2,014		36,448		14.68
FTVIP - Templeton Global Bond Fund - Class 2		428		8,457		12.48
FTVIP - Franklin Us Government Securities Fund - Class 2		551		7,034		10.19

5. Changes in Units Outstanding

The changes in units outstanding for the years ended December 31, 2022 and 2021 were as follows:

	Retirement Reserves						Income Advantage
(in thousands)	2022			2021			2022			2021
VIP - Government Money Market Initial Class
Units Issued		1,393			616			3			—
Units Redeemed		(1,203	)		(732	)		(2	)		(2	)
Net Increase (Decrease)		190			(116	)		1			(2	)
VIP - High Income Initial Class
Units Issued		3			6			1			—
Units Redeemed		(14	)		(13	)		(2	)		(2	)
Net Increase (Decrease)		(11	)		(7	)		(1	)		(2	)
VIP - Equity-Income Initial Class
Units Issued		5			9			1			—
Units Redeemed		(35	)		(23	)		(3	)		(6	)
Net Increase (Decrease)		(30	)		(14	)		(2	)		(6	)
VIP - Growth Initial Class
Units Issued		6			5			1			—
Units Redeemed		(34	)		(15	)		(2	)		(5	)
Net Increase (Decrease)		(28	)		(10	)		(1	)		(5	)
VIP - Overseas Initial Class
Units Issued		1			2			—			—
Units Redeemed		(12	)		(6	)		(1	)		(1	)
Net Increase (Decrease)		(11	)		(4	)		(1	)		(1	)
VIP - Investment Grade Bond Initial Class
Units Issued		11			26			1			—
Units Redeemed		(55	)		(64	)		(5	)		(7	)
Net Increase (Decrease)		(44	)		(38	)		(4	)		(7	)

56 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

5. Changes in Units Outstanding - continued

	Retirement Reserves						Income Advantage
(in thousands)	2022			2021			2022			2021
VIP - Asset Manager Initial Class
Units Issued		9			3			—			—
Units Redeemed		(29	)		(34	)		(3	)		(2	)
Net Increase (Decrease)		(20	)		(31	)		(3	)		(2	)
VIP - Index 500 Initial Class
Units Issued		16			25			—			1
Units Redeemed		(47	)		(60	)		(6	)		(13	)
Net Increase (Decrease)		(31	)		(35	)		(6	)		(12	)
VIP - Asset Manager: Growth Initial Class
Units Issued		—			—			—			—
Units Redeemed		(17	)		(5	)		(1	)		(1	)
Net Increase (Decrease)		(17	)		(5	)		(1	)		(1	)
VIP - Contrafund Initial Class
Units Issued		8			8			—			1
Units Redeemed		(66	)		(47	)		(9	)		(8	)
Net Increase (Decrease)		(58	)		(39	)		(9	)		(7	)
VIP - Balanced Initial Class
Units Issued		13			19			1			—
Units Redeemed		(39	)		(29	)		(5	)		(6	)
Net Increase (Decrease)		(26	)		(10	)		(4	)		(6	)
VIP - Dynamic Capital Appreciation Initial Class
Units Issued		2			4			—			—
Units Redeemed		(5	)		(6	)		—			(1	)
Net Increase (Decrease)		(3	)		(2	)		—			(1	)
VIP - Growth & Income Initial Class
Units Issued		43			13			4			3
Units Redeemed		(70	)		(25	)		(3	)		(8	)
Net Increase (Decrease)		(27	)		(12	)		1			(5	)
VIP - Growth Opportunities Initial Class
Units Issued		4			43			1			4
Units Redeemed		(66	)		(58	)		(9	)		(4	)
Net Increase (Decrease)		(62	)		(15	)		(8	)		—
VIP - Mid Cap Initial Class
Units Issued		13			11			2			1
Units Redeemed		(30	)		(19	)		(6	)		(10	)
Net Increase (Decrease)		(17	)		(8	)		(4	)		(9	)
VIP - Value Strategies Initial Class
Units Issued		10			100			—			1
Units Redeemed		(30	)		(70	)		(1	)		(4	)
Net Increase (Decrease)		(20	)		30			(1	)		(3	)
VIP - Utilities Initial Class
Units Issued		149			4			5			—
Units Redeemed		(25	)		(12	)		1			—
Net Increase (Decrease)		124			(8	)		6			—
VIP - Technology Initial Class
Units Issued		52			72			2			3
Units Redeemed		(137	)		(114	)		(17	)		(8	)
Net Increase (Decrease)		(85	)		(42	)		(15	)		(5	)
VIP - Energy Initial Class
Units Issued		315			101			28			3
Units Redeemed		(239	)		(79	)		(6	)		(1	)
Net Increase (Decrease)		76			22			22			2

57 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

5. Changes in Units Outstanding - continued

	Retirement Reserves						Income Advantage
(in thousands)	2022			2021			2022			2021
VIP - Health Care Initial Class
Units Issued		8			23			1			4
Units Redeemed		(26	)		(38	)		(7	)		(2	)
Net Increase (Decrease)		(18	)		(15	)		(6	)		2
VIP - Financial Services Initial Class
Units Issued		136			68			1			10
Units Redeemed		(155	)		(73	)		(9	)		—
Net Increase (Decrease)		(19	)		(5	)		(8	)		10
VIP - Industrials Initial Class
Units Issued		1			4			—			—
Units Redeemed		(3	)		(8	)		1			(1	)
Net Increase (Decrease)		(2	)		(4	)		1			(1	)
VIP - Consumer Discretionary Initial Class
Units Issued		3			11			—			—
Units Redeemed		(19	)		(8	)		(2	)		—
Net Increase (Decrease)		(16	)		3			(2	)		—
VIP - Real Estate Initial Class
Units Issued		19			11			2			1
Units Redeemed		(19	)		(8	)		(3	)		—
Net Increase (Decrease)		—			3			(1	)		1
VIP - Strategic Income Initial Class
Units Issued		5			10			—			—
Units Redeemed		(36	)		(15	)		(3	)		(6	)
Net Increase (Decrease)		(31	)		(5	)		(3	)		(6	)
VIP - International Capital Appreciation Initial Class
Units Issued		3			6			—			1
Units Redeemed		(12	)		(13	)		1			(2	)
Net Increase (Decrease)		(9	)		(7	)		1			(1	)
VIP - Value Initial Class
Units Issued		41			30			9			3
Units Redeemed		(36	)		(31	)		(2	)		(2	)
Net Increase (Decrease)		5			(1	)		7			1
VIP - Freedom Income Initial Class
Units Issued		—			7			—			—
Units Redeemed		(5	)		(1	)		—			—
Net Increase (Decrease)		(5	)		6			—			—
VIP - Freedom 2005 Initial Class
Units Issued		1			—			—			—
Units Redeemed		(6	)		(1	)		—			—
Net Increase (Decrease)		(5	)		(1	)		—			—
VIP - Freedom 2010 Initial Class
Units Issued		—			—			—			—
Units Redeemed		(1	)		(7	)		—			—
Net Increase (Decrease)		(1	)		(7	)		—			—
VIP - Freedom 2015 Initial Class
Units Issued		—			—			—			—
Units Redeemed		(3	)		(4	)		—			—
Net Increase (Decrease)		(3	)		(4	)		—			—
VIP - Freedom 2020 Initial Class
Units Issued		2			16			—			—
Units Redeemed		(20	)		(16	)		—			—
Net Increase (Decrease)		(18	)		—			—			—

58 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

5. Changes in Units Outstanding - continued

	Retirement Reserves						Income Advantage
(in thousands)	2022			2021			2022			2021
VIP - Freedom 2025 Initial Class
Units Issued		2			11			—			—
Units Redeemed		(12	)		(11	)		—			—
Net Increase (Decrease)		(10	)		—			—			—
VIP - Freedom 2030 Initial Class
Units Issued		3			6			—			—
Units Redeemed		(2	)		(1	)		—			—
Net Increase (Decrease)		1			5			—			—
VIP - Disciplined Small Cap Initial Class
Units Issued		3			21			—			3
Units Redeemed		(13	)		(21	)		(1	)		(2	)
Net Increase (Decrease)		(10	)		—			(1	)		1
VIP - FundsManager 20% Investor Class
Units Issued		5			40			—			—
Units Redeemed		(36	)		(33	)		(5	)		(6	)
Net Increase (Decrease)		(31	)		7			(5	)		(6	)
VIP - FundsManager 50% Investor Class
Units Issued		12			17			22			4
Units Redeemed		(51	)		(48	)		(17	)		(21	)
Net Increase (Decrease)		(39	)		(31	)		5			(17	)
VIP - FundsManager 60% Investor Class
Units Issued		—			5			—			1
Units Redeemed		(7	)		(23	)		(3	)		(6	)
Net Increase (Decrease)		(7	)		(18	)		(3	)		(5	)
VIP - FundsManager 70% Investor Class
Units Issued		1			5			5			3
Units Redeemed		(32	)		(15	)		(13	)		(9	)
Net Increase (Decrease)		(31	)		(10	)		(8	)		(6	)
VIP - FundsManager 85% Investor Class
Units Issued		1			—			1			—
Units Redeemed		(13	)		(9	)		(1	)		(3	)
Net Increase (Decrease)		(12	)		(9	)		—			(3	)
VIP - Consumer Staples Initial Class
Units Issued		20			3			—			1
Units Redeemed		(11	)		(10	)		(3	)		(1	)
Net Increase (Decrease)		9			(7	)		(3	)		—
VIP - Materials Initial Class
Units Issued		34			37			3			4
Units Redeemed		(23	)		(21	)		(3	)		(2	)
Net Increase (Decrease)		11			16			—			2
VIP - Communication Services Initial Class
Units Issued		2			28			—			5
Units Redeemed		(18	)		(11	)		—			(5	)
Net Increase (Decrease)		(16	)		17			—			—
VIP - Emerging Markets Initial Class
Units Issued		7			38			3			10
Units Redeemed		(7	)		(40	)		(3	)		(10	)
Net Increase (Decrease)		—			(2	)		—			—
VIP - Floating Rate High Income Initial Class
Units Issued		223			23			1			1
Units Redeemed		(116	)		(2	)		(2	)		(2	)
Net Increase (Decrease)		107			21			(1	)		(1	)

59 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

5. Changes in Units Outstanding - continued

	Retirement Reserves						Income Advantage
(in thousands)	2022			2021			2022			2021
VIP - Bond Index Initial Class
Units Issued		46			56			1			1
Units Redeemed		(43	)		(150	)		(2	)		(1	)
Net Increase (Decrease)		3			(94	)		(1	)		—
VIP - Total Market Index Initial Class
Units Issued		45			16			1			2
Units Redeemed		(49	)		(16	)		(2	)		(2	)
Net Increase (Decrease)		(4	)		—			(1	)		—
VIP - Extended Market Index Initial Class
Units Issued		30			41			1			2
Units Redeemed		(7	)		(30	)		—			(2	)
Net Increase (Decrease)		23			11			1			—
VIP - International Index Initial Class
Units Issued		17			14			—			3
Units Redeemed		(14	)		(11	)		—			(3	)
Net Increase (Decrease)		3			3			—			—
VIF - Emerging Markets Equity Class I
Units Issued		—			—			—			—
Units Redeemed		(4	)		(5	)		(1	)		(1	)
Net Increase (Decrease)		(4	)		(5	)		(1	)		(1	)
VIF - Emerging Markets Debt Class I
Units Issued		1			3			—			—
Units Redeemed		(1	)		(3	)		—			—
Net Increase (Decrease)		—			—			—			—
VIF - Global Strategist - Class II
Units Issued		—			—			—			1
Units Redeemed		(6	)		(3	)		(1	)		(2	)
Net Increase (Decrease)		(6	)		(3	)		(1	)		(1	)
Invesco - V.I. Global Core Equity Series I
Units Issued		—			3			—			—
Units Redeemed		(1	)		(5	)		(1	)		—
Net Increase (Decrease)		(1	)		(2	)		(1	)		—
Allspring - VT Discovery Class 2
Units Issued		—			—			—			—
Units Redeemed		(5	)		(3	)		(1	)		(1	)
Net Increase (Decrease)		(5	)		(3	)		(1	)		(1	)
Allspring - VT Opportunity Class 2
Units Issued		—			—			—			—
Units Redeemed		(1	)		(1	)		—			—
Net Increase (Decrease)		(1	)		(1	)		—			—
Lazard - Retirement Emerging Markets Portfolio - Investor
Units Issued		1			5			—			—
Units Redeemed		(2	)		(2	)		(1	)		—
Net Increase (Decrease)		(1	)		3			(1	)		—
PVIT - Commodity Real Return Strategy Portfolio - Administrative
Units Issued		—			—			71			—
Units Redeemed		—			—			(36	)		—
Net Increase (Decrease)		—			—			35			—
PVIT - Low Duration Portfolio - Administrative
Units Issued		7			60			—			—
Units Redeemed		(36	)		(65	)		—			—
Net Increase (Decrease)		(29	)		(5	)		—			—

60 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

5. Changes in Units Outstanding - continued

	Retirement Reserves						Income Advantage
(in thousands)	2022			2021			2022			2021
PVIT - Real Return Portfolio - Administrative
Units Issued		4			46			—			2
Units Redeemed		(20	)		(24	)		(2	)		—
Net Increase (Decrease)		(16	)		22			(2	)		2
PVIT - Total Return Portfolio - Administrative
Units Issued		2			2			—			—
Units Redeemed		(33	)		(4	)		—			—
Net Increase (Decrease)		(31	)		(2	)		—			—
Blackrock - Global Allocation V.I. Fund - Class I
Units Issued		—			7			—			—
Units Redeemed		(5	)		(6	)		—			—
Net Increase (Decrease)		(5	)		1			—			—
FTVIP - Templeton Global Bond Fund - Class 2
Units Issued		3			1			—			—
Units Redeemed		(3	)		(17	)		—			—
Net Increase (Decrease)		—			(16	)		—			—
FTVIP - Franklin U.S. Gov’t Securities Fund - Class 2
Units Issued		75			5			—			—
Units Redeemed		(101	)		(21	)		—			—
Net Increase (Decrease)		(26	)		(16	)		—			—

61 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

5. Changes in Units Outstanding - continued

	Personal Retirement						Freedom Lifetime Income
(in thousands)	2022			2021			2022		2021
VIP - Government Money Market Investor Class
Units Issued		25,093			20,395			—		—
Units Redeemed		(19,536	)		(22,454	)		—		—
Net Increase (Decrease)		5,557			(2,059	)		—		—
VIP - High Income Investor Class
Units Issued		160			432			—		—
Units Redeemed		(434	)		(426	)		—		—
Net Increase (Decrease)		(274	)		6			—		—
VIP - Equity-Income Investor Class
Units Issued		340			493			—		—
Units Redeemed		(353	)		(336	)		—		—
Net Increase (Decrease)		(13	)		157			—		—
VIP - Growth Investor Class
Units Issued		222			316			—		—
Units Redeemed		(301	)		(301	)		—		—
Net Increase (Decrease)		(79	)		15			—		—
VIP - Overseas Investor Class
Units Issued		103			261			—		—
Units Redeemed		(168	)		(195	)		—		—
Net Increase (Decrease)		(65	)		66			—		—
VIP - Investment Grade Bond Investor Class
Units Issued		515			648			—		—
Units Redeemed		(1,095	)		(1,478	)		—		—
Net Increase (Decrease)		(580	)		(830	)		—		—
VIP - Asset Manager Investor Class
Units Issued		35			93			—		—
Units Redeemed		(110	)		(180	)		—		—
Net Increase (Decrease)		(75	)		(87	)		—		—
VIP - Index 500 Initial Class
Units Issued		801			1,395			—		—
Units Redeemed		(521	)		(1,296	)		—		—
Net Increase (Decrease)		280			99			—		—
VIP - Asset Manager: Growth Investor Class
Units Issued		19			71			—		—
Units Redeemed		(25	)		(64	)		—		—
Net Increase (Decrease)		(6	)		7			—		—
VIP - Contrafund Investor Class
Units Issued		223			626			—		—
Units Redeemed		(443	)		(676	)		—		—
Net Increase (Decrease)		(220	)		(50	)		—		—
VIP - Balanced Investor Class
Units Issued		595			1,321			—		—
Units Redeemed		(621	)		(849	)		—		—
Net Increase (Decrease)		(26	)		472			—		—
VIP - Dynamic Capital Appreciation Investor Class
Units Issued		19			44			—		—
Units Redeemed		(73	)		(46	)		—		—
Net Increase (Decrease)		(54	)		(2	)		—		—
VIP - Growth & Income Investor Class
Units Issued		218			149			—		—
Units Redeemed		(146	)		(125	)		—		—
Net Increase (Decrease)		72			24			—		—

62 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

5. Changes in Units Outstanding - continued

	Personal Retirement						Freedom Lifetime Income
(in thousands)	2022			2021			2022		2021
VIP - Growth Opportunities Investor Class
Units Issued		90			409			—		—
Units Redeemed		(278	)		(446	)		—		—
Net Increase (Decrease)		(188	)		(37	)		—		—
VIP - Mid Cap Investor Class
Units Issued		179			287			—		—
Units Redeemed		(168	)		(257	)		—		—
Net Increase (Decrease)		11			30			—		—
VIP - Value Strategies Investor Class
Units Issued		169			518			—		—
Units Redeemed		(242	)		(350	)		—		—
Net Increase (Decrease)		(73	)		168			—		—
VIP - Utilities Investor Class
Units Issued		272			107			—		—
Units Redeemed		(198	)		(132	)		—		—
Net Increase (Decrease)		74			(25	)		—		—
VIP - Technology Investor Class
Units Issued		203			332			—		—
Units Redeemed		(310	)		(344	)		—		—
Net Increase (Decrease)		(107	)		(12	)		—		—
VIP - Energy Investor Class
Units Issued		2,008			1,294			—		—
Units Redeemed		(1,721	)		(702	)		—		—
Net Increase (Decrease)		287			592			—		—
VIP - Health Care Investor Class
Units Issued		122			252			—		—
Units Redeemed		183	)		(261	)		—		—
Net Increase (Decrease)		(61	)		(9	)		—		—
VIP - Financial Services Investor Class
Units Issued		222			561			—		—
Units Redeemed		(404	)		(317	)		—		—
Net Increase (Decrease)		(182	)		244			—		—
VIP - Industrials Investor Class
Units Issued		57			160			—		—
Units Redeemed		(65	)		(135	)		—		—
Net Increase (Decrease)		(8	)		25			—		—
VIP - Consumer Discretionary Investor Class
Units Issued		56			142			—		—
Units Redeemed		(116	)		(114	)		—		—
Net Increase (Decrease)		(60	)		28			—		—
VIP - Real Estate Investor Class
Units Issued		98			284			—		—
Units Redeemed		193	)		(125	)		—		—
Net Increase (Decrease)		(95	)		159			—		—
VIP - Strategic Income Investor Class
Units Issued		282			586			—		—
Units Redeemed		(637	)		(524	)		—		—
Net Increase (Decrease)		(355	)		62			—		—
VIP - International Capital Appreciation
Investor Class
Units Issued		73			231			—		—
Units Redeemed		(160	)		(235	)		—		—
Net Increase (Decrease)		(87	)		(4	)		—		—
VIP - Value Investor Class
Units Issued		376			253			—		—
Units Redeemed		(252	)		(156	)		—		—
Net Increase (Decrease)		124			97			—		—

63 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

5. Changes in Units Outstanding - continued

	Personal Retirement						Freedom Lifetime Income
(in thousands)	2022			2021			2022			2021
VIP - Investor Freedom Income Investor Class
Units Issued		16			105			—			—
Units Redeemed		(105	)		(100	)		—			—
Net Increase (Decrease)		(89	)		5			—			—
VIP - Investor Freedom 2005 Investor Class
Units Issued		15			161			—			—
Units Redeemed		(30	)		(151	)		—			—
Net Increase (Decrease)		(15	)		10			—			—
VIP - Investor Freedom 2010 Investor Class
Units Issued		6			25			—			—
Units Redeemed		(24	)		(9	)		—			—
Net Increase (Decrease)		(18	)		16			—			—
VIP - Investor Freedom 2015 Investor Class
Units Issued		70			158			—			—
Units Redeemed		(13	)		(153	)		—			—
Net Increase (Decrease)		57			5			—			—
VIP - Investor Freedom 2020 Investor Class
Units Issued		52			246			—			—
Units Redeemed		(142	)		(399	)		—			—
Net Increase (Decrease)		(90	)		(153	)		—			—
VIP - Investor Freedom 2025 Investor Class
Units Issued		35			322			—			—
Units Redeemed		(260	)		(208	)		—			—
Net Increase (Decrease)		(225	)		114			—			—
VIP - Investor Freedom 2030 Investor Class
Units Issued		98			135			—			—
Units Redeemed		(57	)		(88	)		—			—
Net Increase (Decrease)		41			47			—			—
VIP - Freedom Lifetime Income I
Units Issued		—			—			—			1
Units Redeemed		—			—			(11	)		(7	)
Net Increase (Decrease)		—			—			(11	)		(6	)
VIP - Freedom Lifetime Income II
Units Issued		—			—			1			1
Units Redeemed		—			—			(4	)		(4	)
Net Increase (Decrease)		—			—			(3	)		(3	)
VIP - Freedom Lifetime Income III
Units Issued		—			—			1			1
Units Redeemed		—			—			(7	)		(6	)
Net Increase (Decrease)		—			—			(6	)		(5	)
VIP - Disciplined Small Cap Investor Class
Units Issued		76			343			—			—
Units Redeemed		(96	)		(310	)		—			—
Net Increase (Decrease)		(20	)		33			—			—
VIP - FundsManager 20% Investor Class
Units Issued		444			1,031			—			—
Units Redeemed		(852	)		(628	)		(2	)		(2	)
Net Increase (Decrease)		(408	)		403			(2	)		(2	)
VIP - FundsManager 50% Investor Class
Units Issued		448			1,034			—			1
Units Redeemed		(1,009	)		(687	)		(25	)		(16	)
Net Increase (Decrease)		(561	)		347			(25	)		(15	)
VIP - FundsManager 60% Investor Class
Units Issued		297			946			3			—
Units Redeemed		(592	)		(499	)		(25	)		(26	)
Net Increase (Decrease)		(295	)		447			(22	)		(26	)

64 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

5. Changes in Units Outstanding - continued

	Personal Retirement						Freedom Lifetime Income
(in thousands)	2022			2021			2022			2021
VIP - FundsManager 70% Investor Class
Units Issued		426			967			—			—
Units Redeemed		(356	)		(567	)		(3	)		(4	)
Net Increase (Decrease)		70			400			(3	)		(4	)
VIP - FundsManager 85% Investor Class
Units Issued		198			257			1			—
Units Redeemed		(120	)		(338	)		(2	)		(3	)
Net Increase (Decrease)		78			(81	)		(1	)		(3	)
VIP - Consumer Staples Investor Class
Units Issued		189			111			—			—
Units Redeemed		(138	)		(164	)		—			—
Net Increase (Decrease)		51			(53	)		—			—
VIP - Materials Investor Class
Units Issued		171			346			—			—
Units Redeemed		(128	)		(278	)		—			—
Net Increase (Decrease)		43			68			—			—
VIP - Communication Services Investor Class
Units Issued		26			127			—			—
Units Redeemed		(72	)		(108	)		—			—
Net Increase (Decrease)		(46	)		19			—			—
VIP - Emerging Markets Investor Class
Units Issued		176			420			—			—
Units Redeemed		(149	)		(610	)		—			—
Net Increase (Decrease)		27			(190	)		—			—
VIP - Floating Rate High Income Investor Class
Units Issued		697			874			—			—
Units Redeemed		(694	)		(234	)		—			—
Net Increase (Decrease)		3			640			—			—
VIP - Bond Index Initial Class
Units Issued		878			787			—			—
Units Redeemed		(696	)		(894	)		—			—
Net Increase (Decrease)		182			(107	)		—			—
VIP - Total Market Index Initial Class
Units Issued		842			1,238			—			—
Units Redeemed		(423	)		(426	)		—			—
Net Increase (Decrease)		419			812			—			—
VIP - Extended Market Index Initial Class
Units Issued		239			365			—			—
Units Redeemed		(101	)		(306	)		—			—
Net Increase (Decrease)		138			59			—			—
VIP - International Index Initial Class
Units Issued		343			454			—			—
Units Redeemed		(90	)		(242	)		—			—
Net Increase (Decrease)		253			212			—			—
VIF - Emerging Markets Equity Class I
Units Issued		82			75			—			—
Units Redeemed		(42	)		(108	)		—			—
Net Increase (Decrease)		40			(33	)		—			—
VIF - Emerging Market Debt Class I
Units Issued		27			90			—			—
Units Redeemed		(80	)		(87	)		—			—
Net Increase (Decrease)		(53	)		3			—			—
VIF - Global Strategist - Class II
Units Issued		11			8			—			—
Units Redeemed		(26	)		(24	)		—			—
Net Increase (Decrease)		(15	)		(16	)		—			—

65 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

5. Changes in Units Outstanding - continued

	Personal Retirement						Freedom Lifetime Income
(in thousands)	2022			2021			2022			2021
Invesco - V.I. Global Core Equity Series I
Units Issued		12			25			—			—
Units Redeemed		(14	)		(30	)		—			—
Net Increase (Decrease)		(2	)		(5	)		—			—
Lazard - Retirement Emerging Markets Portfolio - Investor
Units Issued		52			58			—			—
Units Redeemed		(157	)		(73	)		—			—
Net Increase (Decrease)		(105	)		(15	)		—			—
PVIT - Commodity Real Return Strategy Portfolio - Administrative
Units Issued		1,443			584			—			—
Units Redeemed		(1,266	)		(241	)		—			—
Net Increase (Decrease)		177			343			—			—
PVIT - Low Duration Portfolio - Administrative
Units Issued		372			428			—			—
Units Redeemed		(691	)		(873	)		—			—
Net Increase (Decrease)		(319	)		(445	)		—			—
PVIT - Real Return Portfolio - Administrative
Units Issued		271			254			—			—
Units Redeemed		(357	)		(155	)		—			—
Net Increase (Decrease)		(86	)		99			—			—
PVIT - Total Return Portfolio - Administrative
Units Issued		116			299			—			—
Units Redeemed		(663	)		(592	)		—			—
Net Increase (Decrease)		(547	)		(293	)		—			—
Blackrock - Global Allocation V.I. Fund - Class I
Units Issued		52			219			—			—
Units Redeemed		(189	)		(144	)		—			—
Net Increase (Decrease)		(137	)		75			—			—
FTVIP - Templeton Global Bond Fund - Class 2
Units Issued		80			46			—			—
Units Redeemed		(126	)		(151	)		—			—
Net Increase (Decrease)		(46	)		(105	)		—			—
FTVIP - Franklin U.S. Gov’t Securities Fund - Class 2
Units Issued		207			218			—			—
Units Redeemed		(312	)		(257	)		—			—
Net Increase (Decrease)		(105	)		(39	)		—			—
							Growth and
							Guaranteed Income
(in thousands)							2022			2021
VIP - Government Money Market Investor Class
Units Issued								522			283
Units Redeemed								(458	)		(325	)
Net Increase (Decrease)								64			(42	)
VIP - Balanced Investor Class
Units Issued								3			24
Units Redeemed								(321	)		(234	)
Net Increase (Decrease)								(318	)		(211	)
VIP - FundsManager 60% Investor Class
Units Issued								—			—
Units Redeemed								(362	)		(216	)
Net Increase (Decrease)								(362	)		(216	)

66 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

6. Unit Values

A summary of unit values, units outstanding, income and expense ratios, investment income ratio, and total return for each of the five years in the period ended December 31:

			Unit value (4)						Expense ratio (1)(4)						Total Return (3)(4)
	Units (000s)		Highest		Lowest		Net assets (000s)		Lowest		Highest		Investment income ratio (2)		Highest			Lowest
VIP - Government Money Market Initial Class
2022		1,150		$21.08		$20.10	$	24,234		0.80%		1.00%		1.45%		0.64%			0.43%
2021		957		$20.95		$20.01	$	20,037		0.80%		1.00%		0.01%		(0.79%	)		(1.00%	)
2020		1,076		$21.11		$20.21	$	22,707		0.80%		1.00%		0.29%		(0.49%	)		(0.69%	)
2019		970		$21.22		$20.35	$	20,554		0.80%		1.00%		2.00%		1.20%			1.00%
2018		1,058		$20.97		$20.15	$	22,146		0.80%		1.00%		1.65%		0.83%			0.63%
VIP - Government Money Market          Investor Class
2022		19,649		$10.54		$9.03	$	216,580		0.10%		1.25%		1.54%		1.31%			0.16%
2021		14,027		$10.40		$9.01	$	153,039		0.10%		1.25%		0.01%		(0.09%	)		(1.24%	)
2020		16,129		$10.41		$9.13	$	176,561		0.10%		1.25%		0.26%		0.21%			(0.95%	)
2019		13,479		$10.39		$9.22	$	147,397		0.10%		1.25%		1.96%		1.89%			0.72%
2018		12,508		$10.20		$9.15	$	134,458		0.10%		1.25%		1.63%		1.53%			0.35%
VIP - High Income Initial Class
2022		77		$55.69		$53.10	$	4,258		0.80%		1.00%		4.99%		(12.09%	)		(12.26%	)
2021		88		$63.35		$60.52	$	5,580		0.80%		1.00%		5.23%		3.58%			3.37%
2020		97		$61.16		$58.55	$	5,892		0.80%		1.00%		4.85%		1.92%			1.72%
2019		114		$60.01		$57.56	$	6,779		0.80%		1.00%		5.12%		14.18%			13.96%
2018		124		$52.55		$50.51	$	6,437		0.80%		1.00%		5.38%		(4.06%	)		(4.26%	)
VIP - High Income Investor Class
2022		1,483		$16.53		$25.80	$	27,139		0.10%		0.25%		4.81%		(11.56%	)		(11.69%	)
2021		1,757		$18.69		$29.22	$	36,671		0.10%		0.25%		5.34%		4.52%			4.36%
2020		1,751		$17.88		$27.99	$	35,614		0.10%		0.25%		4.87%		2.64%			2.48%
2019		2,005		$17.42		$27.32	$	39,854		0.10%		0.25%		5.23%		14.83%			14.65%
2018		1,950		$15.17		$23.83	$	34,203		0.10%		0.25%		5.35%		(3.60%	)		(3.74%	)
VIP - Equity-Income Initial Class
2022		246		$165.17		$157.48	$	40,502		0.80%		1.00%		1.84%		(5.72%	)		(5.91%	)
2021		280		$175.18		$167.37	$	48,795		0.80%		1.00%		1.89%		23.89%			23.65%
2020		298		$141.40		$135.36	$	41,997		0.80%		1.00%		1.83%		5.84%			5.62%
2019		328		$133.60		$128.15	$	43,571		0.80%		1.00%		2.00%		26.42%			26.17%
2018		363		$105.67		$101.57	$	38,246		0.80%		1.00%		2.24%		(9.03%	)		(9.21%	)
VIP - Equity-Income Investor Class
2022		1,619		$35.78		$52.41	$	55,573		0.10%		0.25%		1.90%		(5.11%	)		(5.26%	)
2021		1,632		$37.71		$55.32	$	59,322		0.10%		0.25%		1.90%		24.71%			24.52%
2020		1,476		$30.24		$44.42	$	42,707		0.10%		0.25%		1.81%		6.47%			6.31%
2019		1,485		$28.40		$41.79	$	40,260		0.10%		0.25%		1.96%		27.22%			27.03%
2018		1,519		$22.32		$32.90	$	32,271		0.10%		0.25%		2.11%		(8.47%	)		(8.60%	)
VIP - Growth Initial Class
2022		221		$260.60		$248.48	$	57,602		0.80%		1.00%		0.62%		(25.06%	)		(25.21%	)
2021		250		$347.74		$332.23	$	86,851		0.80%		1.00%		0.00%		22.23%			21.98%
2020		263		$284.50		$272.36	$	74,751		0.80%		1.00%		0.07%		42.74%			42.45%
2019		284		$199.32		$191.20	$	56,557		0.80%		1.00%		0.26%		33.24%			32.97%
2018		314		$149.59		$143.79	$	46,927		0.80%		1.00%		0.24%		(0.97%	)		(1.17%	)
VIP - Growth Investor Class
2022		997		$54.72		$78.28	$	53,077		0.10%		0.25%		0.54%		(24.59%	)		(24.70%	)
2021		1,076		$72.56		$103.96	$	76,009		0.10%		0.25%		0.00%		23.00%			22.82%
2020		1,061		$58.99		$84.64	$	61,214		0.10%		0.25%		0.06%		43.64%			43.42%
2019		986		$41.07		$59.02	$	39,055		0.10%		0.25%		0.18%		34.07%			33.87%
2018		1,107		$30.63		$44.09	$	32,858		0.10%		0.25%		0.16%		(0.34%	)		(0.49%	)
VIP - Overseas Initial Class
2022		111		$59.42		$56.66	$	6,589		0.80%		1.00%		1.05%		(25.09%	)		(25.24%	)
2021		124		$79.32		$75.78	$	9,809		0.80%		1.00%		0.53%		18.74%			18.50%
2020		127		$66.80		$63.95	$	8,508		0.80%		1.00%		0.43%		14.69%			14.46%
2019		142		$58.25		$55.88	$	8,259		0.80%		1.00%		1.66%		26.74%			26.49%
2018		167		$45.96		$44.17	$	7,665		0.80%		1.00%		1.51%		(15.49%	)		(15.66%	)

67 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

6. Unit Values - continued

			Unit value (4)						Expense ratio (1)(4)						Total Return (3)(4)
	Units (000s)		Highest		Lowest		Net assets (000s)		Lowest		Highest		Investment income ratio (2)		Highest			Lowest
VIP - Overseas Investor Class
2022		904		$20.27		$27.75	$	18,540		0.10%		0.25%		1.00%		(24.62%	)		(24.73%	)
2021		969		$26.89		$36.87	$	26,348		0.10%		0.25%		0.49%		19.51%			19.33%
2020		903		$22.50		$30.89	$	20,602		0.10%		0.25%		0.35%		15.38%			15.21%
2019		1,081		$19.50		$26.82	$	21,373		0.10%		0.25%		1.67%		27.61%			27.42%
2018		1,159		$15.28		$21.05	$	18,043		0.10%		0.25%		1.38%		(14.98%	)		(15.11%	)
VIP - Investment Grade Bond Initial Class
2022		270		$42.95		$40.95	$	11,509		0.80%		1.00%		2.17%		(13.65%	)		(13.82%	)
2021		320		$49.74		$47.52	$	15,822		0.80%		1.00%		2.00%		(1.40%	)		(1.60%	)
2020		364		$50.44		$48.29	$	18,270		0.80%		1.00%		2.16%		8.52%			8.30%
2019		354		$46.48		$44.59	$	16,342		0.80%		1.00%		2.72%		8.79%			8.57%
2018		368		$42.73		$41.07	$	15,630		0.80%		1.00%		2.36%		(1.33%	)		(1.53%	)
VIP - Investment Grade Bond Investor Class
2022		4,075		$12.99		$16.51	$	59,176		0.10%		0.25%		2.17%		(13.06%	)		(13.15%	)
2021		4,655		$14.94		$19.01	$	78,013		0.10%		0.25%		2.00%		(0.74%	)		(0.89%	)
2020		5,485		$15.05		$19.18	$	92,809		0.10%		0.25%		2.32%		9.22%			9.06%
2019		4,597		$13.78		$17.59	$	72,449		0.10%		0.25%		2.84%		9.56%			9.40%
2018		3,986		$12.58		$16.08	$	58,333		0.10%		0.25%		2.35%		(0.67%	)		(0.82%	)
VIP - Asset Manager Initial Class
2022		299		$69.92		$66.66	$	20,906		0.80%		1.00%		2.05%		(15.61%	)		(15.79%	)
2021		321		$82.85		$79.16	$	26,545		0.80%		1.00%		1.58%		9.04%			8.82%
2020		355		$75.99		$72.74	$	26,872		0.80%		1.00%		1.52%		13.95%			13.72%
2019		381		$66.68		$63.97	$	25,322		0.80%		1.00%		1.74%		17.30%			17.07%
2018		425		$56.85		$54.64	$	24,130		0.80%		1.00%		1.67%		(6.11%	)		(6.30%	)
VIP - Asset Manager Investor Class
2022		1,029		$20.62		$28.82	$	22,790		0.10%		0.25%		2.00%		(15.10%	)		(15.22%	)
2021		1,105		$24.29		$34.00	$	28,968		0.10%		0.25%		1.50%		9.74%			9.58%
2020		1,192		$22.13		$31.02	$	28,373		0.10%		0.25%		1.49%		14.65%			14.48%
2019		1,284		$19.30		$27.10	$	26,975		0.10%		0.25%		1.79%		18.02%			17.84%
2018		1,283		$16.36		$23.00	$	22,835		0.10%		0.25%		1.65%		(5.49%	)		(5.63%	)
VIP - Index 500 Initial Class
2022		7,089		$43.76		$118.27	$	342,362		0.10%		1.00%		1.49%		(18.30%	)		(19.03%	)
2021		6,845		$53.56		$146.07	$	410,684		0.10%		1.00%		1.26%		28.45%			27.29%
2020		6,795		$41.70		$114.75	$	321,729		0.10%		1.00%		1.76%		18.12%			17.05%
2019		7,813		$35.30		$98.03	$	314,046		0.10%		1.00%		2.00%		31.22%			30.04%
2018		7,216		$26.90		$75.39	$	225,894		0.10%		1.00%		1.87%		(4.59%	)		(5.45%	)
VIP - Asset Manager: Growth Initial Class
2022		126		$50.34		$48.00	$	6,310		0.80%		1.00%		1.76%		(17.54%	)		(17.71%)
2021		145		$61.05		$58.32	$	8,783		0.80%		1.00%		1.41%		13.05%			12.82%
2020		151		$54.00		$51.70	$	8,144		0.80%		1.00%		1.13%		16.32%			16.09%
2019		161		$46.42		$44.53	$	7,456		0.80%		1.00%		1.57%		21.84%			21.60%
2018		169		$38.10		$36.62	$	6,412		0.80%		1.00%		1.43%		(8.39%	)		(8.58%	)
VIP - Asset Manager: Growth Investor Class
2022		395		$24.26		$34.97	$	10,339		0.10%		0.25%		1.77%		(17.01%	)		(17.15%	)
2021		402		$29.23		$42.21	$	12,641		0.10%		0.25%		1.41%		13.77%			13.60%
2020		394		$25.69		$37.15	$	10,957		0.10%		0.25%		1.04%		17.08%			16.90%
2019		406		$21.95		$31.78	$	9,677		0.10%		0.25%		1.55%		22.58%			22.39%
2018		403		$17.90		$25.97	$	7,808		0.10%		0.25%		1.27%		(7.82%	)		(7.96%	)
VIP - Contrafund Initial Class
2022		809		$140.20		$133.68	$	113,088		0.80%		1.00%		0.50%		(26.90%	)		(27.05%	)
2021		876		$191.79		$183.24	$	167,541		0.80%		1.00%		0.06%		26.81%			26.56%
2020		923		$151.24		$144.79	$	139,235		0.80%		1.00%		0.25%		29.52%			29.26%
2019		990		$116.77		$112.02	$	115,354		0.80%		1.00%		0.46%		30.53%			30.26%
2018		1,087		$89.46		$85.99	$	97,057		0.80%		1.00%		0.70%		(7.13%	)		(7.32%	)
VIP - Contrafund Investor Class
2022		4,247		$38.69		$58.40	$	169,789		0.10%		0.25%		0.43%		(26.45%	)		(26.57%	)
2021		4,469		$52.60		$79.53	$	242,968		0.10%		0.25%		0.05%		27.62%			27.42%
2020		4,518		$41.22		$62.41	$	193,861		0.10%		0.25%		0.18%		30.35%			30.15%
2019		4,873		$31.62		$47.95	$	161,548		0.10%		0.25%		0.39%		31.36%			31.16%
2018		4,942		$24.07		$36.56	$	125,306		0.10%		0.25%		0.64%		(6.59%	)		(6.73%	)

68 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

6. Unit Values - continued

			Unit value (4)						Expense ratio (1)(4)						Total Return (3)(4)
	Units (000s)		Highest		Lowest		Net assets (000s)		Lowest		Highest		Investment income ratio (2)		Highest			Lowest
VIP - Balanced Initial Class
2022		291		$46.65		$44.48	$	13,540		0.80%		1.00%		1.26%		(18.60%	)		(18.76%	)
2021		319		$57.31		$54.75	$	18,230		0.80%		1.00%		0.92%		17.32%			17.08%
2020		339		$48.85		$46.76	$	16,423		0.80%		1.00%		1.44%		21.41%			21.16%
2019		364		$40.24		$38.60	$	14,589		0.80%		1.00%		1.69%		23.51%			23.26%
2018		406		$32.58		$31.31	$	13,180		0.80%		1.00%		1.46%		(4.99%	)		(5.18%	)
VIP - Balanced Investor Class
2022		8,703		$29.46		$39.55	$	266,472		0.10%		1.40%		1.19%		(18.12%	)		(19.17%	)
2021		9,046		$35.98		$48.93	$	336,919		0.10%		1.40%		0.89%		18.06%			16.52%
2020		8,785		$30.48		$41.99	$	277,385		0.10%		1.40%		1.39%		22.23%			20.64%
2019		8,928		$24.93		$34.81	$	231,985		0.10%		1.40%		1.68%		24.26%			22.64%
2018		9,166		$20.07		$28.38	$	191,812		0.10%		1.40%		1.39%		(4.37%	)		(5.63%	)
VIP - Dynamic Capital Appreciation Initial Class
2022		30		$51.98		$50.00	$	1,578		0.80%		1.00%		0.30%		(21.50%	)		(21.66%	)
2021		32		$66.22		$63.82	$	2,158		0.80%		1.00%		0.40%		23.63%			23.38%
2020		35		$53.56		$51.73	$	1,902		0.80%		1.00%		0.23%		32.54%			32.27%
2019		42		$40.41		$39.11	$	1,666		0.80%		1.00%		0.60%		29.04%			28.78%
2018		53		$31.32		$30.37	$	1,643		0.80%		1.00%		0.58%		(5.65%	)		(5.84%	)
VIP - Dynamic Capital Appreciation Investor Class
2022		236		$44.32		$69.64	$	10,846		0.10%		0.25%		0.23%		(20.97%	)		(21.08%	)
2021		290		$56.08		$88.25	$	16,776		0.10%		0.25%		0.34%		24.33%			24.15%
2020		293		$45.10		$71.08	$	13,703		0.10%		0.25%		0.16%		33.40%			33.20%
2019		272		$33.81		$53.36	$	9,615		0.10%		0.25%		0.54%		29.94%			29.74%
2018		274		$26.02		$41.13	$	7,503		0.10%		0.25%		0.47%		(5.09%	)		(5.24%	)
VIP - Growth & Income Initial Class
2022		273		$59.05		$56.30	$	16,062		0.80%		1.00%		1.59%		(5.71%	)		(5.90%	)
2021		301		$62.62		$59.83	$	18,746		0.80%		1.00%		2.38%		24.94%			24.69%
2020		316		$50.12		$47.98	$	15,803		0.80%		1.00%		2.13%		6.98%			6.77%
2019		352		$46.85		$44.94	$	16,445		0.80%		1.00%		3.61%		29.01%			28.75%
2018		389		$36.32		$34.91	$	14,065		0.80%		1.00%		0.35%		(9.71%	)		(9.90%	)
VIP - Growth & Income Investor Class
2022		834		$41.78		$56.71	$	34,095		0.10%		0.25%		1.69%		(5.10%	)		(5.24%	)
2021		762		$44.03		$59.85	$	32,883		0.10%		0.25%		2.41%		25.67%			25.48%
2020		738		$35.03		$47.69	$	25,277		0.10%		0.25%		2.05%		7.65%			7.49%
2019		835		$32.54		$44.37	$	26,631		0.10%		0.25%		3.45%		29.85%			29.65%
2018		841		$25.06		$34.22	$	20,567		0.10%		0.25%		0.27%		(9.15%	)		(9.28%	)
VIP - Growth Opportunities Initial Class
2022		233		$59.42		$56.66	$	13,789		0.80%		1.00%		—		(38.64%	)		(38.77%	)
2021		304		$96.85		$92.53	$	29,335		0.80%		1.00%		—		11.05%			10.82%
2020		320		$87.21		$83.49	$	27,853		0.80%		1.00%		0.01%		67.31%			66.97%
2019		307		$52.13		$50.00	$	15,978		0.80%		1.00%		0.15%		39.71%			39.43%
2018		287		$37.31		$35.86	$	10,656		0.80%		1.00%		0.12%		11.56%			11.33%
VIP - Growth Opportunities Investor Class
2022		933		$59.56		$97.71	$	53,464		0.10%		0.25%		—		(38.27%	)		(38.36%	)
2021		1,120		$96.48		$158.51	$	104,067		0.10%		0.25%		—		11.75%			11.59%
2020		1,157		$86.33		$142.05	$	96,747		0.10%		0.25%		0.01%		68.35%			68.10%
2019		968		$51.28		$84.50	$	47,853		0.10%		0.25%		0.10%		40.57%			40.36%
2018		743		$36.48		$60.20	$	26,232		0.10%		0.25%		0.10%		12.29%			12.12%
VIP - Mid Cap Initial Class
2022		386		$63.47		$60.64	$	24,373		0.80%		1.00%		0.50%		(15.43%	)		(15.59%	)
2021		408		$75.05		$71.84	$	30,493		0.80%		1.00%		0.62%		24.60%			24.35%
2020		424		$60.23		$57.77	$	25,462		0.80%		1.00%		0.65%		17.24%			17.00%
2019		496		$51.37		$49.38	$	25,328		0.80%		1.00%		0.85%		22.46%			22.21%
2018		560		$41.95		$40.40	$	23,422		0.80%		1.00%		0.62%		(15.23%	)		(15.40%	)
VIP - Mid Cap Investor Class
2022		1,624		$30.15		$53.16	$	54,232		0.10%		0.25%		0.46%		(14.92%	)		(15.04%	)
2021		1,615		$35.44		$62.57	$	63,540		0.10%		0.25%		0.55%		25.41%			25.23%
2020		1,584		$28.26		$49.97	$	50,660		0.10%		0.25%		0.57%		17.96%			17.78%
2019		1,981		$23.95		$42.43	$	53,701		0.10%		0.25%		0.80%		23.23%			23.04%
2018		2,158		$19.44		$34.48	$	48,005		0.10%		0.25%		0.56%		(14.68%	)		(14.81%	)

69 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

6. Unit Values - continued

			Unit value (4)						Expense ratio (1)(4)						Total Return (3)(4)
	Units (000s)		Highest		Lowest		Net assets (000s)		Lowest		Highest		Investment income ratio (2)		Highest			Lowest
VIP - Value Strategies Initial Class
2022		114		$42.14		$40.54	$	4,791		0.80%		1.00%		1.02%		(7.77%	)		(7.95%	)
2021		135		$45.69		$44.04	$	6,148		0.80%		1.00%		1.53%		32.53%			32.26%
2020		108		$34.48		$33.30	$	3,697		0.80%		1.00%		1.42%		7.39%			7.17%
2019		100		$32.10		$31.07	$	3,176		0.80%		1.00%		1.67%		33.45%			33.18%
2018		113		$24.06		$23.33	$	2,698		0.80%		1.00%		0.95%		(17.98%	)		(18.15%	)
VIP - Value Strategies Investor Class
2022		501		$36.45		$74.63	$	18,509		0.10%		0.25%		0.98%		(7.19%	)		(7.33%	)
2021		574		$39.27		$80.54	$	22,829		0.10%		0.25%		1.44%		33.35%			33.15%
2020		406		$29.45		$60.49	$	12,192		0.10%		0.25%		1.52%		8.16%			7.99%
2019		289		$27.23		$56.01	$	8,177		0.10%		0.25%		1.67%		34.14%			33.94%
2018		307		$20.30		$41.82	$	6,524		0.10%		0.25%		0.86%		(17.45%	)		(17.58%	)
VIP - Utilities Initial Class
2022		176		$41.51		$39.75	$	7,297		0.80%		1.00%		2.18%		4.59%			4.37%
2021		50		$39.69		$38.09	$	1,949		0.80%		1.00%		1.86%		16.56%			16.32%
2020		57		$34.05		$32.74	$	1,929		0.80%		1.00%		2.33%		(0.98%	)		(1.18%	)
2019		102		$34.39		$33.13	$	3,508		0.80%		1.00%		2.18%		22.20%			21.95%
2018		92		$28.14		$27.17	$	2,559		0.80%		1.00%		2.20%		7.94%			7.72%
VIP - Utilities Investor Class
2022		445		$36.63		$45.18	$	17,683		0.10%		0.25%		1.50%		5.29%			5.12%
2021		371		$34.79		$42.98	$	14,028		0.10%		0.25%		1.75%		17.25%			17.08%
2020		395		$29.67		$36.71	$	12,881		0.10%		0.25%		2.46%		(0.36%	)		(0.51%	)
2019		533		$29.78		$36.90	$	17,297		0.10%		0.25%		2.25%		23.01%			22.83%
2018		369		$24.21		$30.04	$	9,944		0.10%		0.25%		2.00%		8.55%			8.39%
VIP - Technology Initial Class
2022		270		$69.59		$66.65	$	18,819		0.80%		1.00%		0.00%		(36.37%	)		(36.50%	)
2021		370		$109.36		$104.95	$	40,419		0.80%		1.00%		—		27.14%			26.88%
2020		416		$86.02		$82.71	$	35,656		0.80%		1.00%		0.08%		63.63%			63.30%
2019		439		$52.57		$50.65	$	22,999		0.80%		1.00%		0.46%		50.11%			49.81%
2018		425		$35.02		$33.81	$	14,888		0.80%		1.00%		—		(8.36%	)		(8.55%	)
VIP - Technology Investor Class
2022		1,166		$62.45		$143.38	$	80,511		0.10%		0.25%		0.00%		(35.94%	)		(36.03%	)
2021		1,273		$97.48		$224.15	$	136,899		0.10%		0.25%		—		27.94%			27.74%
2020		1,285		$76.20		$175.47	$	110,892		0.10%		0.25%		0.06%		64.60%			64.35%
2019		1,141		$46.29		$106.76	$	60,750		0.10%		0.25%		0.39%		51.11%			50.89%
2018		1,152		$30.64		$70.76	$	41,014		0.10%		0.25%		—		(7.77%	)		(7.91%	)
VIP - Energy Initial Class
2022		204		$36.43		$34.89	$	7,369		0.80%		1.00%		2.50%		61.87%			61.56%
2021		106		$22.51		$21.60	$	2,384		0.80%		1.00%		2.77%		54.11%			53.80%
2020		81		$14.60		$14.04	$	1,192		0.80%		1.00%		2.73%		(33.31%	)		(33.44%	)
2019		82		$21.90		$21.10	$	1,806		0.80%		1.00%		2.02%		9.20%			8.98%
2018		97		$20.05		$19.36	$	1,942		0.80%		1.00%		0.90%		(25.19%	)		(25.34%	)
VIP - Energy Investor Class
2022		1,342		$20.48		$30.15	$	29,036		0.10%		0.25%		2.47%		62.96%			62.72%
2021		1,056		$12.57		$18.53	$	14,012		0.10%		0.25%		2.69%		55.00%			54.77%
2020		465		$8.11		$11.97	$	3,982		0.10%		0.25%		2.71%		(32.87%	)		(32.97%	)
2019		439		$12.08		$17.86	$	5,610		0.10%		0.25%		1.85%		9.87%			9.71%
2018		547		$10.99		$16.28	$	6,355		0.10%		0.25%		0.82%		(24.73%	)		(24.84%	)
VIP - Health Care Initial Class
2022		184		$69.47		$66.53	$	12,733		0.80%		1.00%		0.00%		(13.10%	)		(13.28%	)
2021		208		$79.94		$76.72	$	16,599		0.80%		1.00%		0.09%		10.84%			10.62%
2020		221		$72.13		$69.36	$	15,973		0.80%		1.00%		0.54%		20.61%			20.36%
2019		232		$59.80		$57.62	$	13,867		0.80%		1.00%		0.23%		27.34%			27.09%
2018		278		$46.96		$45.34	$	13,057		0.80%		1.00%		0.20%		6.99%			6.77%
VIP - Health Care Investor Class
2022		998		$62.36		$90.40	$	63,661		0.10%		0.25%		0.00%		(12.58%	)		(12.71%	)
2021		1,058		$71.33		$103.56	$	77,197		0.10%		0.25%		0.07%		11.54%			11.38%
2020		1,066		$63.95		$92.98	$	70,414		0.10%		0.25%		0.51%		21.37%			21.18%
2019		1,047		$52.69		$76.73	$	57,329		0.10%		0.25%		0.15%		28.16%			27.97%
2018		1,246		$41.11		$59.96	$	53,342		0.10%		0.25%		0.13%		7.61%			7.45%

70 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

6. Unit Values - continued

			Unit value (4)						Expense ratio (1)(4)						Total Return (3)(4)
	Units (000s)		Highest		Lowest		Net assets (000s)		Lowest		Highest		Investment income ratio (2)		Highest			Lowest
VIP - Financial Services Initial Class
2022		45		$23.04		$22.07	$	1,036		0.80%		1.00%		1.29%		(9.07%	)		(9.24%	)
2021		72		$25.34		$24.32	$	1,826		0.80%		1.00%		2.01%		32.13%			31.86%
2020		68		$19.18		$18.44	$	1,304		0.80%		1.00%		2.30%		(0.04%	)		(0.25%	)
2019		79		$19.19		$18.49	$	1,526		0.80%		1.00%		1.82%		33.25%			32.99%
2018		120		$14.40		$13.90	$	1,721		0.80%		1.00%		1.01%		(16.41%	)		(16.58%	)
VIP - Financial Services Investor Class
2022		632		$32.89		$51.03	$	16,983		0.10%		0.25%		1.87%		(8.46%	)		(8.60%	)
2021		815		$35.93		$55.83	$	24,906		0.10%		0.25%		1.87%		33.00%			32.80%
2020		571		$27.01		$42.04	$	12,902		0.10%		0.25%		2.47%		0.53%			0.38%
2019		716		$26.87		$41.88	$	15,671		0.10%		0.25%		1.98%		34.15%			33.95%
2018		826		$20.03		$31.27	$	13,402		0.10%		0.25%		1.07%		(15.90%	)		(16.03%	)
VIP - Industrials Initial Class
2022		30		$59.83		$57.30	$	1,808		0.80%		1.00%		0.17%		(11.02%	)		(11.20%	)
2021		31		$67.24		$64.53	$	2,099		0.80%		1.00%		0.00%		16.15%			15.92%
2020		36		$57.89		$55.67	$	2,066		0.80%		1.00%		0.56%		11.41%			11.19%
2019		43		$51.96		$50.06	$	2,239		0.80%		1.00%		1.07%		27.12%			26.86%
2018		55		$40.87		$39.46	$	2,228		0.80%		1.00%		0.68%		(15.80%	)		(15.97%	)
VIP - Industrials Investor Class
2022		398		$35.48		$61.76	$	15,219		0.10%		0.25%		0.12%		(10.50%	)		(10.64%	)
2021		406		$39.64		$69.11	$	17,242		0.10%		0.25%		—		16.91%			16.74%
2020		381		$33.91		$59.21	$	14,282		0.10%		0.25%		0.49%		12.08%			11.91%
2019		435		$30.25		$52.90	$	14,591		0.10%		0.25%		1.00%		27.96%			27.77%
2018		491		$23.64		$41.41	$	12,913		0.10%		0.25%		0.67%		(15.27%	)		(15.40%	)
VIP - Consumer Discretionary Initial Class
2022		33		$40.12		$38.43	$	1,325		0.80%		1.00%		0.00%		(35.16%	)		(35.28%	)
2021		51		$61.88		$59.38	$	3,171		0.80%		1.00%		—		18.45%			18.21%
2020		50		$52.24		$50.23	$	2,583		0.80%		1.00%		0.12%		35.06%			34.79%
2019		65		$38.68		$37.27	$	2,534		0.80%		1.00%		0.32%		26.18%			25.92%
2018		80		$30.65		$29.60	$	2,456		0.80%		1.00%		0.32%		(1.88%	)		(2.08%	)
VIP - Consumer Discretionary Investor Class
2022		404		$39.42		$70.90	$	16,022		0.10%		0.25%		0.00%		(34.77%	)		(34.86%	)
2021		465		$60.43		$108.85	$	28,276		0.10%		0.25%		—		19.20%			19.02%
2020		435		$50.70		$91.45	$	22,275		0.10%		0.25%		0.09%		35.86%			35.66%
2019		430		$37.32		$67.41	$	16,181		0.10%		0.25%		0.24%		27.00%			26.81%
2018		520		$29.38		$53.16	$	15,422		0.10%		0.25%		0.24%		(1.26%	)		(1.41%	)
VIP - Real Estate Initial Class
2022		69		$37.35		$35.92	$	2,564		0.80%		1.00%		1.32%		(28.09%	)		(28.25%	)
2021		68		$51.94		$50.06	$	3,557		0.80%		1.00%		1.17%		37.88%			37.60%
2020		65		$37.67		$36.38	$	2,470		0.80%		1.00%		2.13%		(7.30%	)		(7.49%	)
2019		72		$40.64		$39.32	$	2,919		0.80%		1.00%		1.67%		22.23%			21.99%
2018		87		$33.24		$32.24	$	2,881		0.80%		1.00%		2.75%		(6.98%	)		(7.17%	)
VIP - Real Estate Investor Class
2022		646		$22.42		$53.92	$	15,277		0.10%		0.25%		1.20%		(27.65%	)		(27.76%	)
2021		741		$30.99		$74.64	$	24,214		0.10%		0.25%		1.23%		38.78%			38.57%
2020		582		$22.33		$53.86	$	13,974		0.10%		0.25%		2.03%		(6.70%	)		(6.85%	)
2019		680		$23.93		$57.82	$	17,456		0.10%		0.25%		1.72%		23.02%			22.84%
2018		693		$19.46		$47.07	$	14,584		0.10%		0.25%		2.75%		(6.43%	)		(6.57%	)
VIP - Strategic Income Initial Class
2022		189		$20.89		$20.12	$	3,919		0.80%		1.00%		3.41%		(11.98%	)		(12.15%	)
2021		223		$23.73		$22.90	$	5,266		0.80%		1.00%		2.59%		2.91%			2.70%
2020		233		$23.06		$22.30	$	5,343		0.80%		1.00%		3.22%		6.65%			6.44%
2019		256		$21.62		$20.95	$	5,493		0.80%		1.00%		3.01%		10.00%			9.78%
2018		309		$19.66		$19.08	$	6,061		0.80%		1.00%		3.52%		(3.35%	)		(3.55%	)
VIP - Strategic Income Investor Class
2022		3,103		$14.88		$21.38	$	53,511		0.10%		0.25%		3.54%		(11.40%	)		(11.56%	)
2021		3,456		$16.80		$24.18	$	67,303		0.10%		0.25%		2.61%		3.62%			3.46%
2020		3,396		$16.21		$23.37	$	65,259		0.10%		0.25%		3.11%		7.40%			7.24%
2019		4,116		$15.09		$21.79	$	73,540		0.10%		0.25%		3.34%		10.78%			10.62%
2018		4,089		$13.62		$19.70	$	67,119		0.10%		0.25%		3.41%		(2.72%	)		(2.86%	)

71 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

6. Unit Values - continued

			Unit value (4)						Expense ratio (1)(4)						Total Return (3)(4)
	Units (000s)		Highest		Lowest		Net assets (000s)		Lowest		Highest		Investment income ratio (2)		Highest			Lowest
VIP - International Capital Appreciation          Initial Class
2022		76		$23.59		$22.78	$	1,787		0.80%		1.00%		0.26%		(27.00%	)		(27.12%	)
2021		85		$32.31		$31.26	$	2,742		0.80%		1.00%		0.00%		11.44%			11.22%
2020		92		$29.00		$28.10	$	2,683		0.80%		1.00%		0.32%		21.26%			21.01%
2019		94		$23.91		$23.22	$	2,254		0.80%		1.00%		0.54%		32.26%			32.00%
2018		110		$18.08		$17.59	$	2,000		0.80%		1.00%		0.63%		(13.45%	)		(13.63%	)
VIP - International Capital Appreciation          Investor Class
2022		1,077		$25.77		$48.67	$	27,633		0.10%		0.25%		0.18%		(26.51%	)		(26.63%	)
2021		1,165		$35.07		$66.34	$	40,668		0.10%		0.25%		—		12.13%			11.96%
2020		1,168		$31.27		$59.25	$	36,305		0.10%		0.25%		0.27%		22.02%			21.83%
2019		1,157		$25.63		$48.63	$	29,593		0.10%		0.25%		0.46%		33.02%			32.82%
2018		1,175		$19.27		$36.61	$	22,511		0.10%		0.25%		0.60%		(12.89%	)		(13.02%	)
VIP - Value Initial Class
2022		83		$33.05		$31.91	$	2,724		0.80%		1.00%		1.29%		(4.89%	)		-5.06%
2021		71		$34.75		$33.61	$	2,429		0.80%		1.00%		1.63%		29.11%			28.85%
2020		72		$26.91		$26.08	$	1,929		0.80%		1.00%		1.45%		5.41%			5.19%
2019		89		$25.53		$24.80	$	2,259		0.80%		1.00%		1.75%		31.07%			30.81%
2018		101		$19.48		$18.96	$	1,968		0.80%		1.00%		1.08%		(14.53%	)		(14.71%	)
VIP - Value Investor Class
2022		741		$38.60		$66.83	$	27,883		0.10%		0.25%		1.28%		(4.22%	)		(4.37%	)
2021		617		$40.30		$69.89	$	24,153		0.10%		0.25%		1.68%		29.85%			29.66%
2020		520		$31.04		$53.90	$	15,689		0.10%		0.25%		1.43%		6.09%			5.93%
2019		593		$29.25		$50.88	$	17,039		0.10%		0.25%		1.75%		31.88%			31.68%
2018		580		$22.18		$38.64	$	12,706		0.10%		0.25%		1.07%		(13.96%	)		(14.09%	)
VIP - Freedom Income Initial Class
2022		52		$16.56		16.56	$	862		0.80%		0.80%		2.29%		(12.76%	)		(12.76%	)
2021		55		$18.98		18.98	$	1,052		0.80%		0.80%		1.07%		2.52%			2.52%
2020		50		$18.52		$18.52	$	923		0.80%		0.80%		1.17%		9.59%			9.59%
2019		62		$16.90		$16.90	$	1,049		0.80%		0.80%		2.10%		11.05%			11.05%
2018		69		$15.21		$15.21	$	1,056		0.80%		0.80%		1.72%		(2.75%	)		(2.75%	)
VIP - Investor Freedom Income Investor Class
2022		183		$15.08		$18.35	$	3,107		0.10%		0.25%		2.06%		(12.09%	)		(12.26%	)
2021		272		$17.15		$20.91	$	5,317		0.10%		0.25%		1.14%		3.18%			3.03%
2020		267		$16.63		$20.30	$	5,013		0.10%		0.25%		1.26%		10.29%			10.12%
2019		291		$15.07		$18.43	$	4,757		0.10%		0.25%		2.34%		11.91%			11.74%
2018		249		$13.47		$16.50	$	3,719		0.10%		0.25%		1.52%		(2.13%	)		(2.28%	)
VIP - Freedom 2005 Initial Class
2022		41		$18.60		$18.60	$	763		0.80%		0.80%		2.29%		(13.09%	)		(13.09%	)
2021		46		$21.40		$21.40	$	988		0.80%		0.80%		1.09%		3.26%			3.26%
2020		47		$20.73		$20.73	$	977		0.80%		0.80%		1.31%		10.36%			10.36%
2019		49		$18.78		$18.78	$	913		0.80%		0.80%		2.26%		12.90%			12.90%
2018		37		$16.64		$16.64	$	612		0.80%		0.80%		1.70%		(3.74%	)		(3.74%	)
VIP - Investor Freedom 2005 Investor Class
2022		109		$17.36		$23.44	$	2,127		0.10%		0.25%		2.09%		(12.49%	)		(12.61%	)
2021		125		$19.84		$26.82	$	2,779		0.10%		0.25%		0.81%		3.99%			3.83%
2020		115		$19.08		$25.83	$	2,532		0.10%		0.25%		1.13%		10.97%			10.80%
2019		190		$17.19		$23.32	$	3,712		0.10%		0.25%		2.18%		13.77%			13.60%
2018		191		$15.11		$20.52	$	3,296		0.10%		0.25%		1.72%		(3.13%	)		(3.28%	)
VIP - Freedom 2010 Initial Class
2022		42		$20.79		$20.79	$	866		0.80%		0.80%		2.16%		(14.23%	)		(14.23%	)
2021		43		$24.24		$24.24	$	1,044		0.80%		0.80%		0.96%		5.04%			5.04%
2020		50		$23.08		$23.08	$	1,154		0.80%		0.80%		1.29%		11.59%			11.59%
2019		52		$20.68		$20.68	$	1,079		0.80%		0.80%		2.35%		15.16%			15.16%
2018		45		$17.96		$17.96	$	805		0.80%		0.80%		1.47%		(4.78%	)		(4.78%	)
VIP - Investor Freedom 2010 Investor Class
2022		219		$19.38		$26.65	$	5,002		0.10%		0.25%		2.13%		(13.57%	)		(13.72%	)
2021		237		$22.42		$30.89	$	6,273		0.10%		0.25%		1.06%		5.70%			5.54%
2020		221		$21.21		$29.27	$	5,550		0.10%		0.25%		1.37%		12.29%			12.12%
2019		235		$18.89		$26.10	$	5,211		0.10%		0.25%		2.16%		15.99%			15.81%
2018		237		$16.29		$22.54	$	4,548		0.10%		0.25%		1.31%		(4.15%	)		(4.30%	)

72 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

6. Unit Values - continued

			Unit value (4)						Expense ratio (1)(4)						Total Return (3)(4)
	Units (000s)		Highest		Lowest		Net assets (000s)		Lowest		Highest		Investment income ratio (2)		Highest			Lowest
VIP - Freedom 2015 Initial Class
2022		46		$22.28		$22.28	$	1,024		0.80%		0.80%		2.17%		(15.28%	)		(15.28%	)
2021		48		$26.30		$26.30	$	1,267		0.80%		0.80%		1.08%		6.83%			6.83%
2020		52		$24.62		$24.62	$	1,281		0.80%		0.80%		1.30%		12.93%			12.93%
2019		54		$21.80		$21.80	$	1,184		0.80%		0.80%		1.94%		17.31%			17.31%
2018		55		$18.58		$18.58	$	1,016		0.80%		0.80%		1.53%		(5.83%	)		(5.83%	)
VIP - Investor Freedom 2015 Investor Class
2022		415		$20.56		$28.63	$	9,371		0.10%		0.25%		2.09%		(14.76%	)		(14.87%	)
2021		358		$24.12		$33.63	$	9,637		0.10%		0.25%		1.01%		7.53%			7.37%
2020		352		$22.43		$31.32	$	9,329		0.10%		0.25%		1.32%		13.59%			13.42%
2019		348		$19.75		$27.62	$	8,176		0.10%		0.25%		2.12%		18.12%			17.94%
2018		357		$16.72		$23.42	$	7,099		0.10%		0.25%		1.41%		(5.11%	)		(5.26%	)
VIP - Freedom 2020 Initial Class
2022		83		$23.26		$23.26	$	1,929		0.80%		0.80%		2.18%		(16.36%	)		(16.36%	)
2021		100		$27.81		$27.81	$	2,791		0.80%		0.80%		1.14%		8.60%			8.60%
2020		102		$25.61		$25.61	$	2,606		0.80%		0.80%		1.26%		14.14%			14.14%
2019		117		$22.44		$22.44	$	2,630		0.80%		0.80%		1.94%		19.17%			19.17%
2018		136		$18.83		$18.83	$	2,562		0.80%		0.80%		1.40%		(6.62%	)		(6.62%	)
VIP - Investor Freedom 2020 Investor Class
2022		639		$22.09		$31.97	$	15,606		0.10%		0.25%		2.04%		(15.93%	)		(16.03%	)
2021		730		$26.27		$38.08	$	21,149		0.10%		0.25%		0.95%		9.43%			9.26%
2020		882		$24.01		$34.85	$	23,227		0.10%		0.25%		1.10%		14.84%			14.67%
2019		1,126		$20.91		$30.39	$	25,613		0.10%		0.25%		2.11%		19.99%			19.81%
2018		1,112		$17.42		$25.36	$	21,257		0.10%		0.25%		1.46%		(6.04%	)		(6.18%	)
VIP - Freedom 2025 Initial Class
2022		69		$25.21		$25.21	$	1,751		0.80%		0.80%		2.01%		(17.09%	)		(17.09%	)
2021		79		$30.41		$30.41	$	2,413		0.80%		0.80%		1.05%		9.95%			9.95%
2020		79		$27.66		$27.66	$	2,185		0.80%		0.80%		1.22%		15.02%			15.02%
2019		88		$24.04		$24.04	$	2,106		0.80%		0.80%		2.31%		20.88%			20.88%
2018		78		$19.89		$19.89	$	1,557		0.80%		0.80%		1.36%		(7.27%	)		(7.27%	)
VIP - Investor Freedom 2025 Investor Class
2022		641		$24.05		$35.24	$	17,046		0.10%		0.25%		2.00%		(16.55%	)		(16.66%	)
2021		865		$28.82		$42.29	$	27,168		0.10%		0.25%		1.24%		10.67%			10.51%
2020		752		$26.04		$38.27	$	21,612		0.10%		0.25%		1.27%		15.76%			15.59%
2019		735		$22.49		$33.11	$	18,513		0.10%		0.25%		2.12%		21.61%			21.43%
2018		670		$18.50		$27.26	$	13,933		0.10%		0.25%		1.39%		(6.65%	)		(6.79%	)
VIP - Freedom 2030 Initial Class
2022		51		$26.27		$26.27	$	1,334		0.80%		0.80%		2.00%		(17.53%	)		(17.53%	)
2021		49		$31.85		$31.85	$	1,564		0.80%		0.80%		1.13%		11.47%			11.47%
2020		46		$28.57		$28.57	$	1,304		0.80%		0.80%		1.09%		15.95%			15.95%
2019		71		$24.64		$24.64	$	1,750		0.80%		0.80%		2.01%		23.43%			23.43%
2018		70		$19.96		$19.96	$	1,406		0.80%		0.80%		1.39%		(8.52%	)		(8.52%	)
VIP - Investor Freedom 2030 Investor Class
2022		768		$25.89		$38.60	$	21,357		0.10%		0.25%		1.93%		(17.00%	)		(17.13%	)
2021		728		$31.19		$46.58	$	24,250		0.10%		0.25%		1.08%		12.14%			11.97%
2020		682		$27.82		$41.60	$	20,180		0.10%		0.25%		1.22%		16.70%			16.53%
2019		669		$23.84		$35.70	$	16,987		0.10%		0.25%		1.87%		24.30%			24.11%
2018		780		$19.18		$28.76	$	15,833		0.10%		0.25%		1.38%		(7.97%	)		(8.11%	)
VIP - Freedom Lifetime Income I Initial Class
2022		62		$18.31		$18.31	$	1,132		0.60%		0.60%		2.23%		(12.54%	)		(12.54%	)
2021		73		$20.94		$20.94	$	1,524		0.60%		0.60%		1.01%		2.64%			2.64%
2020		79		$20.40		$20.40	$	1,607		0.60%		0.60%		1.32%		9.78%			9.78%
2019		86		$18.58		$18.58	$	1,593		0.60%		0.60%		2.17%		11.61%			11.61%
2018		92		$16.65		$16.65	$	1,539		0.60%		0.60%		1.63%		(3.16%	)		(3.16%	)
VIP - Freedom Lifetime Income II Initial Class
2022		41		$21.18		$21.18	$	869		0.60%		0.60%		2.15%		(14.34%	)		(14.34%	)
2021		44		$24.73		$24.73	$	1,088		0.60%		0.60%		1.05%		5.63%			5.63%
2020		47		$23.41		$23.41	$	1,104		0.60%		0.60%		1.33%		12.10%			12.10%
2019		50		$20.88		$20.88	$	1,054		0.60%		0.60%		2.12%		15.88%			15.88%
2018		54		$18.02		$18.02	$	974		0.60%		0.60%		1.54%		(4.53%	)		(4.53%	)

73 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

6. Unit Values - continued

			Unit value (4)						Expense ratio (1)(4)						Total Return (3)(4)
	Units (000s)		Highest		Lowest		Net assets (000s)		Lowest		Highest		Investment income ratio (2)		Highest			Lowest
VIP - Freedom Lifetime Income III Initial Class
2022		88		$24.45		$24.45	$	2,151		0.60%		0.60%		2.02%		(16.54%	)		(16.54%	)
2021		93		$29.30		$29.30	$	2,729		0.60%		0.60%		1.06%		9.12%			9.12%
2020		99		$26.85		$26.85	$	2,647		0.60%		0.60%		1.27%		14.54%			14.54%
2019		104		$23.44		$23.44	$	2,445		0.60%		0.60%		2.02%		19.72%			19.72%
2018		110		$19.58		$19.58	$	2,160		0.60%		0.60%		1.42%		(6.25%	)		(6.25%	)
VIP - Disciplined Small Cap Initial Class
2022		43		$24.40		$23.59	$	1,049		0.80%		1.00%		0.81%		(18.89%	)		(19.06%	)
2021		55		$30.08		$29.15	$	1,626		0.80%		1.00%		0.39%		19.69%			19.45%
2020		54		$25.13		$24.40	$	1,354		0.80%		1.00%		0.80%		17.50%			17.27%
2019		72		$21.39		$20.81	$	1,546		0.80%		1.00%		1.02%		22.72%			22.47%
2018		83		$17.43		$16.99	$	1,429		0.80%		1.00%		0.88%		(13.78%	)		(13.96%	)
VIP - Disciplined Small Cap Investor Class
2022		739		$33.55		$48.97	$	23,041		0.10%		0.25%		0.78%		(18.36%	)		(18.49%	)
2021		760		$41.10		$60.08	$	29,070		0.10%		0.25%		0.32%		20.50%			20.32%
2020		727		$34.11		$49.94	$	22,784		0.10%		0.25%		0.75%		18.21%			18.03%
2019		838		$28.85		$42.31	$	22,441		0.10%		0.25%		0.97%		23.43%			23.24%
2018		900		$23.38		$34.33	$	19,491		0.10%		0.25%		0.75%		(13.18%	)		(13.31%	)
VIP - FundsManager 20% Investor Class
2022		3,812		$14.79		$14.74	$	61,083		0.10%		1.00%		2.24%		(9.68%	)		(10.49%	)
2021		4,257		$16.38		$16.47	$	75,816		0.10%		1.00%		1.06%		3.55%			2.62%
2020		3,857		$15.81		$16.05	$	66,914		0.10%		1.00%		1.12%		8.10%			7.12%
2019		4,248		$14.63		$14.98	$	67,736		0.10%		1.00%		2.00%		10.29%			9.30%
2018		3,871		$13.26		$13.71	$	56,235		0.10%		1.00%		1.75%		(1.77%	)		(2.66%	)
VIP - FundsManager 50% Investor Class
2022		6,677		$20.55		$18.89	$	141,775		0.10%		1.00%		1.97%		(14.01%	)		(14.78%	)
2021		7,299		$23.90		$22.17	$	180,611		0.10%		1.00%		1.15%		9.91%			8.92%
2020		7,014		$21.74		$20.35	$	158,401		0.10%		1.00%		1.17%		13.87%			12.84%
2019		7,057		$19.10		$18.04	$	140,954		0.10%		1.00%		1.71%		17.77%			16.71%
2018		7,304		$16.21		$15.45	$	124,124		0.10%		1.00%		1.43%		(5.30%	)		(6.16%	)
VIP - FundsManager 60% Investor Class
2022		7,810		$22.87		$26.34	$	167,041		0.10%		1.40%		1.76%		(15.14%	)		(16.25%	)
2021		8,498		$26.95		$31.45	$	214,965		0.10%		1.40%		1.13%		12.23%			10.77%
2020		8,313		$24.01		$28.39	$	187,611		0.10%		1.40%		1.08%		15.01%			13.51%
2019		8,474		$20.88		$25.01	$	166,765		0.10%		1.40%		1.53%		20.37%			18.80%
2018		8,991		$17.35		$21.05	$	147,945		0.10%		1.40%		1.21%		(6.53%	)		(7.76%	)
VIP - FundsManager 70% Investor Class
2022		5,206		$25.10		$21.23	$	128,432		0.10%		1.00%		1.64%		(15.75%	)		(16.51%	)
2021		5,180		$29.79		$25.43	$	151,819		0.10%		1.00%		1.06%		14.41%			13.38%
2020		4,799		$26.04		$22.43	$	122,970		0.10%		1.00%		0.95%		15.98%			14.93%
2019		5,004		$22.45		$19.51	$	110,341		0.10%		1.00%		1.37%		22.54%			21.44%
2018		5,082		$18.32		$16.07	$	91,834		0.10%		1.00%		1.01%		(7.59%	)		(8.42%	)
VIP - FundsManager 85% Investor Class
2022		2,109		$28.56		$22.77	$	57,893		0.10%		1.00%		1.12%		(17.15%	)		(17.90%	)
2021		2,048		$34.47		$27.74	$	67,739		0.10%		1.00%		0.97%		17.71%			16.65%
2020		2,142		$29.29		$23.78	$	60,065		0.10%		1.00%		0.85%		17.34%			16.28%
2019		1,983		$24.96		$20.45	$	47,706		0.10%		1.00%		1.15%		26.08%			24.95%
2018		2,183		$19.79		$16.36	$	42,062		0.10%		1.00%		0.81%		(8.98%	)		(9.81%	)
VIP - Consumer Staples Initial Class
2022		36		$34.68		$33.60	$	1,256		0.80%		1.00%		1.85%		(1.41%	)		(1.61%	)
2021		29		$35.17		$34.15	$	1,040		0.80%		1.00%		1.79%		13.33%			13.10%
2020		37		$31.04		$30.19	$	1,142		0.80%		1.00%		1.95%		10.88%			10.66%
2019		42		$27.99		$27.29	$	1,153		0.80%		1.00%		1.99%		30.81%			30.54%
2018		47		$21.40		$20.90	$	1,004		0.80%		1.00%		2.64%		(16.51%	)		(16.68%	)
VIP - Consumer Staples Investor Class
2022		560		$35.36		$46.74	$	20,389		0.10%		0.25%		1.71%		(0.78%	)		(0.94%	)
2021		508		$35.64		$47.18	$	18,702		0.10%		0.25%		1.83%		13.99%			13.82%
2020		561		$31.26		$41.46	$	18,217		0.10%		0.25%		1.80%		11.65%			11.48%
2019		657		$28.00		$37.18	$	19,048		0.10%		0.25%		1.91%		31.65%			31.45%
2018		671		$21.27		$28.29	$	14,776		0.10%		0.25%		2.75%		(16.01%	)		(16.13%	)

74 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

6. Unit Values - continued

			Unit value (4)						Expense ratio (1)(4)						Total Return (3)(4)
	Units (000s)		Highest		Lowest		Net assets (000s)		Lowest		Highest		Investment income ratio (2)		Highest			Lowest
VIP - Materials Initial Class
2022		56		$27.01		$26.17	$	1,495		0.80%		1.00%		1.14%		(10.50%	)		(10.69%	)
2021		45		$30.18		$29.30	$	1,355		0.80%		1.00%		0.76%		32.36%			32.09%
2020		26		$22.80		$22.80	$	603		0.80%		0.80%		0.74%		20.52%			20.52%
2019		30		$18.92		$18.92	$	566		0.80%		0.80%		1.54%		12.49%			12.49%
2018		41		$16.82		$16.82	$	682		0.80%		0.80%		1.33%		(24.22%	)		(24.22%	)
VIP - Materials Investor Class
2022		264		$27.30		$58.94	$	7,725		0.10%		0.25%		1.08%		(10.00%	)		(10.13%	)
2021		221		$30.33		$65.59	$	7,352		0.10%		0.25%		0.57%		33.26%			33.06%
2020		153		$22.76		$49.29	$	3,786		0.10%		0.25%		0.77%		21.33%			21.15%
2019		151		$18.76		$40.68	$	3,088		0.10%		0.25%		1.24%		13.09%			12.92%
2018		318		$16.59		$36.03	$	5,592		0.10%		0.25%		1.26%		(23.73%	)		(23.84%	)
VIP - Communication Services Initial Class (5)
2022		56		$18.59		$18.01	$	1,049		0.80%		1.00%		0.00%		(38.63%	)		(38.76%	)
2021		72		$30.29		$29.41	$	2,196		0.80%		1.00%		—		14.72%			14.49%
2020		55		$26.40		$25.68	$	1,455		0.80%		1.00%		—		34.51%			34.24%
2019		54		$19.63		$19.13	$	1,062		0.80%		1.00%		0.06%		31.92%			31.65%
2018		53		$14.88		$14.53	$	793		0.80%		1.00%		1.79%		(6.12%	)		(6.31%	)
VIP - Communication Services Investor Class (5)
2022		255		$25.96		$48.58	$	6,062		0.10%		0.25%		0.00%		(38.24%	)		(38.32%	)
2021		300		$42.03		$78.76	$	11,694		0.10%		0.25%		—		15.48%			15.31%
2020		280		$36.40		$68.31	$	9,422		0.10%		0.25%		—		35.26%			35.06%
2019		223		$26.91		$50.57	$	5,399		0.10%		0.25%		0.04%		32.82%			32.62%
2018		158		$20.26		$38.13	$	2,868		0.10%		0.25%		1.97%		(5.48%	)		(5.63%	)
VIP - Emerging Markets Initial Class
2022		47		$11.63		$11.29	$	547		0.80%		1.00%		1.81%		(20.77%	)		(20.94%	)
2021		48		$14.68		$14.28	$	702		0.80%		1.00%		1.84%		(3.02%	)		(3.22%	)
2020		51		$15.14		$14.75	$	771		0.80%		1.00%		0.90%		30.21%			29.95%
2019		283		$11.62		$11.35	$	3,301		0.80%		1.00%		1.55%		28.42%			28.17%
2018		319		$9.05		$8.86	$	2,891		0.80%		1.00%		0.55%		(18.66%	)		(18.82%	)
VIP - Emerging Markets Investor Class
2022		818		$16.15		$33.28	$	12,545		0.10%		0.25%		1.69%		(20.27%	)		(20.39%	)
2021		789		$20.26		$41.80	$	15,195		0.10%		0.25%		1.84%		(2.37%	)		(2.52%	)
2020		981		$20.75		$42.88	$	19,376		0.10%		0.25%		0.96%		31.03%			30.83%
2019		844		$15.84		$32.78	$	12,550		0.10%		0.25%		1.36%		29.25%			29.06%
2018		797		$12.25		$25.40	$	8,987		0.10%		0.25%		0.44%		(18.10%)			(18.23%)
VIP - Floating Rate High Income Initial Class
2022		198		$12.28		$12.07	$	2,443		0.80%		1.00%		5.06%		(1.34%	)		(1.52%	)
2021		93		$12.45		$12.26	$	1,153		0.80%		1.00%		2.86%		4.36%			4.15%
2020		73		$11.93		$11.77	$	870		0.80%		1.00%		5.69%		2.00%			1.79%
2019		58		$11.69		$11.56	$	673		0.80%		1.00%		4.53%		7.92%			7.70%
2018		76		$10.83		$10.73	$	827		0.80%		1.00%		4.33%		(0.97%	)		(1.17%	)
VIP - Floating Rate High Income Investor Class
2022		1,973		$13.01		$12.84	$	25,553		0.10%		0.25%		4.19%		(0.68%	)		(0.85%	)
2021		1,971		$13.10		$12.95	$	25,709		0.10%		0.25%		2.99%		4.97%			4.82%
2020		1,329		$12.48		$12.35	$	16,515		0.10%		0.25%		4.47%		2.68%			2.53%
2019		2,637		$12.15		$12.05	$	31,956		0.10%		0.25%		5.11%		8.77%			8.61%
2018		2,823		$11.17		$11.10	$	31,453		0.10%		0.25%		4.20%		(0.30%	)		(0.45%	)
VIP - Bond Index Initial Class (6)
2022		2,506		$10.07		$9.66	$	25,136		0.10%		1.00%		1.80%		(13.30%	)		(14.10%	)
2021		2,322		$11.61		$11.25	$	26,880		0.10%		1.00%		0.96%		(2.05%	)		(2.93%	)
2020		2,525		$11.86		$11.59	$	29,835		0.10%		1.00%		0.97%		7.42%			6.45%
2019		1,429		$11.04		$10.88	$	15,757		0.10%		1.00%		2.38%		8.27%			7.30%
2018		688		$10.19		$10.14	$	7,012		0.10%		1.00%		2.18%		1.95%			1.43%
VIP - Total Market Index Initial Class (6)
2022		2,338		$14.33		$13.75	$	33,370		0.10%		1.00%		1.45%		(19.30%	)		(20.02%	)
2021		1,924		$17.76		$17.19	$	34,042		0.10%		1.00%		1.23%		25.56%			24.43%
2020		1,114		$14.14		$13.82	$	15,703		0.10%		1.00%		1.59%		20.18%			19.09%
2019		1,014		$11.77		$11.60	$	11,908		0.10%		1.00%		1.63%		30.57%			29.39%
2018		800		$9.01		$8.97	$	7,206		0.10%		1.00%		1.11%		(9.88%	)		(10.33%	)

75 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

6. Unit Values - continued

			Unit value (4)						Expense ratio (1)(4)						Total Return (3)(4)
	Units (000s)		Highest		Lowest		Net assets (000s)		Lowest		Highest		Investment income ratio (2)		Highest			Lowest
VIP - Extended Market Index Initial Class (6)
2022		646		$12.23		$11.74	$	7,867		0.10%		1.00%		1.57%		(18.23%	)		(18.93%	)
2021		487		$14.96		14.48	$	7,252		0.10%		1.00%		1.17%		21.12%			20.03%
2020		414		$12.35		$12.06	$	5,105		0.10%		1.00%		1.21%		16.34%			15.29%
2019		518		$10.61		$10.46	$	5,481		0.10%		1.00%		1.70%		25.76%			24.62%
2018		234		$8.44		$8.41	$	1,969		0.10%		0.80%		1.28%		(15.60%	)		(15.93%	)
VIP - International Index Initial Class (6)
2022		1,489		$10.48		$10.05	$	15,552		0.10%		1.00%		2.44%		(16.08%	)		(16.88%	)
2021		1,233		$12.49		$12.09	$	15,364		0.10%		1.00%		2.79%		7.61%			6.64%
2020		1,019		$11.61		$11.34	$	11,805		0.10%		1.00%		1.75%		10.58%			9.58%
2019		842		$10.49		$10.35	$	8,832		0.10%		1.00%		2.77%		21.41%			20.32%
2018		421		$8.64		$8.60	$	3,638		0.10%		1.00%		1.85%		(13.56%	)		(14.00%	)
VIF - Emerging Markets Equity Class I
2022		363		$11.74		$26.11	$	5,415		0.10%		1.00%		0.43%		(25.13%	)		(25.84%	)
2021		327		$15.68		35.21	$	6,786		0.10%		1.00%		0.86%		2.88%			1.96%
2020		366		$15.24		$34.53	$	7,474		0.10%		1.00%		1.34%		14.32%			13.29%
2019		346		$13.33		$30.48	$	6,641		0.10%		1.00%		1.06%		19.47%			18.39%
2018		370		$11.16		$25.75	$	5,887		0.10%		1.00%		0.45%		(17.55%	)		(18.30%	)
VIF - Emerging Markets Debt Class I
2022		506		$12.41		$29.19	$	7,662		0.10%		1.00%		7.55%		(18.84%	)		-19.56%
2021		558		$15.29		$36.29	$	10,422		0.10%		1.00%		5.09%		(2.12%	)		(3.00%	)
2020		555		$15.62		$37.41	$	10,694		0.10%		1.00%		4.25%		5.44%			4.49%
2019		676		$14.82		$35.80	$	12,456		0.10%		1.00%		5.34%		14.14%			13.11%
2018		737		$12.98		$31.65	$	12,211		0.10%		1.00%		5.61%		(7.04%	)		(7.88%	)
VIF - Global Strategist - Class II
2022		193		$18.27		$18.66	$	3,478		0.10%		1.00%		0.00%		(17.03%	)		(17.75%	)
2021		214		$22.02		$22.69	$	4,672		0.10%		1.00%		1.83%		8.26%			7.28%
2020		234		$20.34		$21.15	$	4,758		0.10%		1.00%		1.44%		10.81%			9.81%
2019		252		$18.36		$19.26	$	4,587		0.10%		1.00%		1.76%		17.65%			16.59%
2018		318		$15.60		$16.52	$	4,976		0.10%		1.00%		1.16%		(6.60%	)		(7.44%	)
Invesco - V.I. Global Core Equity Series I
2022		249		$19.66		$22.09	$	4,719		0.10%		1.00%		0.35%		(21.94%	)		(22.65%	)
2021		254		$25.19		28.56	$	6,137		0.10%		1.00%		0.98%		15.86%			14.81%
2020		261		$21.74		$24.87	$	5,450		0.10%		1.00%		1.30%		13.11%			12.09%
2019		345		$19.22		$22.19	$	6,249		0.10%		1.00%		1.36%		25.07%			23.95%
2018		357		$15.37		$17.90	$	5,129		0.10%		1.00%		1.11%		(15.40%	)		(16.17%	)
Allspring - VT Discovery Class 2 (7)
2022		48		$56.87		$54.22	$	2,747		0.80%		1.00%		0.00%		(38.35%	)		(38.47%	)
2021		52		$92.24		$88.12	$	4,777		0.80%		1.00%		—		(5.80%	)		(5.99%	)
2020		58		$97.92		$93.74	$	5,599		0.80%		1.00%		—		61.35%			61.02%
2019		64		$60.69		$58.21	$	3,874		0.80%		1.00%		—		37.91%			37.63%
2018		68		$44.01		$42.30	$	2,974		0.80%		1.00%		—		(7.81%	)		(8.00%	)
Allspring - VT Opportunity Class 2 (7)
2022		17		$65.86		$62.79	$	1,155		0.80%		1.00%		0.00%		(21.44%	)		(21.60%	)
2021		19		$83.83		$80.09	$	1,585		0.80%		1.00%		0.04%		23.78%			23.53%
2020		20		$67.73		$64.84	$	1,355		0.80%		1.00%		0.46%		20.03%			19.79%
2019		25		$56.42		$54.12	$	1,361		0.80%		1.00%		0.27%		30.41%			30.15%
2018		28		$43.26		$41.59	$	1,185		0.80%		1.00%		0.18%		(7.89%	)		(8.08%	)
Lazard - Retirement Emerging Markets Portfolio - Investor
2022		394		$11.52		$13.71	$	5,222		0.10%		1.00%		3.47%		(15.04%	)		(15.84%	)
2021		502		$13.56		$16.29	$	7,767		0.10%		1.00%		2.11%		5.69%			4.74%
2020		514		$12.83		$15.55	$	7,547		0.10%		1.00%		2.83%		(1.13%	)		(2.03%	)
2019		587		$12.98		$15.87	$	8,892		0.10%		1.00%		0.88%		18.24%			17.17%
2018		685		$10.98		$13.55	$	8,796		0.10%		1.00%		1.91%		(18.40%	)		(19.14%	)
PVIT - Commodity Real Return Strategy Portfolio - Administrative
2022		813		$8.64		$7.84	$	6,959		0.10%		1.00%		24.65%		8.52%			7.76%
2021		600		$7.96		$7.29	$	4,758		0.10%		1.00%		4.87%		33.21%			32.28%
2020		259		$5.98		$5.62	$	1,538		0.10%		0.80%		6.76%		1.25%			0.54%
2019		321		$5.90		$5.59	$	1,889		0.10%		0.80%		4.42%		11.32%			10.54%
2018		428		$5.30		$5.06	$	2,264		0.10%		0.80%		2.10%		(14.22%	)		(14.82%	)

76 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

6. Unit Values - continued

			Unit value (4)						Expense ratio (1)(4)						Total Return (3)(4)
	Units (000s)		Highest		Lowest		Net assets (000s)		Lowest		Highest		Investment income ratio (2)		Highest			Lowest
PVIT - Low Duration Portfolio - Administrative
2022		2,859		$11.11		$10.45	$	32,188		0.10%		1.00%		1.66%		(5.85%	)		(6.65%	)
2021		3,207		$11.80		$11.19	$	38,427		0.10%		1.00%		0.52%		(1.03%	)		(1.92%	)
2020		3,656		$11.92		$11.41	$	44,368		0.10%		1.00%		1.16%		2.89%			1.96%
2019		3,151		$11.59		$11.19	$	37,314		0.10%		1.00%		2.78%		3.92%			2.99%
2018		3,604		$11.15		$10.87	$	41,193		0.10%		1.00%		1.92%		0.24%			(0.67%	)
PVIT - Real Return Portfolio - Administrative
2022		1,354		$13.14		$12.95	$	18,439		0.10%		1.00%		7.06%		(12.00%	)		(12.78%	)
2021		1,458		$14.93		$14.85	$	22,642		0.10%		1.00%		4.97%		5.48%			4.53%
2020		1,335		$14.16		$14.20	$	19,703		0.10%		1.00%		1.42%		11.60%			10.59%
2019		1,365		$12.68		$12.84	$	18,071		0.10%		1.00%		1.65%		8.33%			7.35%
2018		1,464		$11.71		$11.96	$	17,959		0.10%		1.00%		2.49%		(2.31%	)		(3.19%	)
PVIT - Total Return Portfolio - Administrative
2022		2,758		$12.28		$11.94	$	35,046		0.10%		1.00%		2.59%		(14.39%	)		(15.14%	)
2021		3,336		$14.34		$14.07	$	49,452		0.10%		1.00%		1.82%		(1.37%	)		(2.25%	)
2020		3,631		$14.54		$14.39	$	54,795		0.10%		1.00%		2.11%		8.54%			7.56%
2019		3,560		$13.40		$13.38	$	49,638		0.10%		1.00%		3.01%		8.25%			7.27%
2018		3,528		$12.38		$12.48	$	45,629		0.10%		1.00%		2.54%		(0.63%	)		(1.53%	)
Blackrock - Global Allocation V.I. Fund - Class I
2022		1,835		$16.27		$14.76	$	29,565		0.10%		1.00%		0.00%		(16.05%	)		(16.81%	)
2021		1,976		$19.38		$17.74	$	37,966		0.10%		1.00%		0.78%		6.44%			5.48%
2020		1,900		$18.21		$16.82	$	34,324		0.10%		1.00%		1.17%		20.68%			19.59%
2019		2,050		$15.09		$14.06	$	30,705		0.10%		1.00%		1.14%		17.71%			16.65%
2018		2,217		$12.82		$12.06	$	28,233		0.10%		1.00%		0.77%		(7.61%	)		(8.45%	)
FTVIP - Templeton Global Bond Fund - Class 2
2022		545		$9.88		$8.96	$	5,343		0.10%		1.00%		0.00%		(5.04%	)		(5.90%	)
2021		591		$10.40		$9.52	$	6,101		0.10%		1.00%		—		(5.09%	)		—
2020		713		$10.96		$10.31	$	7,747		0.10%		0.80%		7.91%		(5.38%	)		(6.04%	)
2019		949		$11.58		$10.97	$	10,927		0.10%		0.80%		7.01%		1.91%			1.20%
2018		940		$11.37		$10.84	$	10,624		0.10%		0.80%		—		1.84%			1.12%
FTVIP - Franklin U.S. Gov’t Securities Fund - Class 2
2022		563		$10.12		$9.38	$	5,617		0.10%		0.80%		2.39%		(9.84%	)		(10.49%	)
2021		693		$11.22		$10.48	$	7,675		0.10%		0.80%		2.38%		(1.92%	)		(2.61%	)
2020		749		$11.44		$10.76	$	8,451		0.10%		0.80%		3.59%		3.73%			3.00%
2019		448		$11.03		$10.45	$	4,877		0.10%		0.80%		2.78%		5.12%			4.39%
2018		470		$10.50		$10.01	$	4,879		0.10%		0.80%		2.81%		0.24%			(0.47%	)

(1) These amounts represent annualized contract expenses of the separate account, consisting primarily of mortality and expense charges, for each period indicated. The ratios include only those expenses that result in a direct reduction to unit values. Charges made directly to contract owner accounts through the redemption of units and expenses of the underlying fund are excluded.

(2) These amounts represent the dividends, excluding distributions of capital gains, received by the subaccount from the underlying mutual fund, divided by the average net assets. These ratios exclude those expenses, such as mortality and expense charges, that result in direct reductions in the unit values. The recognition of investment income by the subaccount is affected by the timing of the declaration of dividends by the underlying fund in which the subaccounts invest.

(3) These amounts represent the total return for the periods indicated, including changes in the value of the underlying fund, which includes expenses assessed through the reduction of unit values. The ratio does not include expenses assessed through the redemption of units. Investment options with a date notation indicate the effective date of that investment option in the variable account. The total return is calculated for the period indicated or from the effective date through the end of the reporting period.

(4) The unit value and total return columns labeled “Highest” correspond with the product with the lowest expense ratio. The unit value and total return columns labeled “Lowest” correspond with the product with the highest expense ratio. Please see Footnote 3 for additional information regarding total return.

(5) During 2018 the following underlying funds were renamed:

Old Name	New Name
VIP - Telecommunications	VIP - Communication Services
VIP - Telecommunications Investor Class	VIP - Communication Services Investor Class

(6) During 2018, the following underlying funds were added and commenced operations effective June 8, 2018:

VIP - Bond Index	VIP - Extended Market Index
VIP - Total Market Index	VIP - International Index

77 Annual Report

Notes to Financial Statements - continued

Empire Fidelity Investments Variable Annuity Account A

6. Unit Values - continued

(7) During 2021, the following underlying funds were renamed:

Old Name	New Name
Wells Fargo VT Discovery Fund	Allspring VT Discovery Fund
Wells Fargo VT Opportunity Fund	Allspring VT Opportunity Fund

7. Subsequent Events

The Account has evaluated subsequent events from the balance sheet date through the date of this report and no other events have

occurred that would require disclosure.

78 Annual Report

Report of Independent Registered Public Accounting Firm

To the Board of Directors of Empire Fidelity Investments Life Insurance Company and the Contract Owners of Empire Fidelity Investments Variable Annuity Account A

Opinions on the Financial Statements

We have audited the accompanying statements of assets and liabilities of each of the subaccounts of Empire Fidelity Investments Variable Annuity Account A indicated in the table below as of December 31, 2022, and the related statements of operations and of changes in net assets for each of the periods indicated in the table below, including the related notes (collectively referred to as the “financial statements”). In our opinion, the financial statements present fairly, in all material respects, the financial position of each of the subaccounts of Empire Fidelity Investments Variable Annuity Account A as of December 31, 2022, and the results of each of their operations and the changes in each of their net assets for the periods indicated in the table below, in conformity with accounting principles generally accepted in the United States of America.

Fidelity VIP Government Money Market - Initial Class (1)	Fidelity VIP Government Money Market - Investor Class (1)	Fidelity VIP High Income - Initial Class (1)
Fidelity VIP High Income - Investor Class (1)	Fidelity VIP Equity-Income - Initial Class (1)	Fidelity VIP Equity-Income - Investor Class (1)
Fidelity VIP Growth - Initial Class (1)	Fidelity VIP Growth - Investor Class (1)	Fidelity VIP Overseas - Initial Class (1)
Fidelity VIP Overseas - Investor Class (1)	Fidelity VIP Investment Grade Bond - Initial Class (1)	Fidelity VIP Investment Grade Bond - Investor Class (1)
Fidelity VIP Asset Manager - Initial Class (1)	Fidelity VIP Asset Manager - Investor Class (1)	Fidelity VIP Index 500 - Initial Class (1)
Fidelity VIP Asset Manager Growth - Initial Class (1)	Fidelity VIP Asset Manager Growth - Investor Class (1)	Fidelity VIP Contrafund - Initial Class (1)
Fidelity VIP Contrafund - Investor Class (1)	Fidelity VIP Balanced - Initial Class (1)	Fidelity VIP Balanced - Investor Class (1)
Fidelity VIP Dynamic Capital Appreciation - Initial Class (1)	Fidelity VIP Dynamic Capital Appreciation - Investor Class (1)	Fidelity VIP Growth & Income - Initial Class (1)
Fidelity VIP Growth & Income - Investor Class (1)	Fidelity VIP Growth Opportunities - Initial Class (1)	Fidelity VIP Growth Opportunities - Investor Class (1)
Fidelity VIP Mid Cap - Initial Class (1)	Fidelity VIP Mid Cap - Investor Class (1)	Fidelity VIP Value Strategies - Initial Class (1)
Fidelity VIP Value Strategies - Investor Class (1)	Fidelity VIP Utilities - Initial Class (1)	Fidelity VIP Utilities - Investor Class (1)
Fidelity VIP Technology - Initial Class (1)	Fidelity VIP Technology - Investor Class (1)	Fidelity VIP Energy - Initial Class (1)
Fidelity VIP Energy - Investor Class (1)	Fidelity VIP Health Care - Initial Class (1)	Fidelity VIP Health Care - Investor Class (1)
Fidelity VIP Financial Services - Initial Class (1)	Fidelity VIP Financial Services - Investor Class (1)	Fidelity VIP Industrials - Initial Class (1)
Fidelity VIP Industrials - Investor Class (1)	Fidelity VIP Consumer Discretionary - Initial Class (1)	Fidelity VIP Consumer Discretionary - Investor Class (1)
Fidelity VIP Real Estate - Initial Class (1)	Fidelity VIP Real Estate - Investor Class (1)	Fidelity VIP Strategic Income - Initial Class (1)
Fidelity VIP Strategic Income - Investor Class (1)	Fidelity VIP International Capital Appreciation - Initial Class (1)	Fidelity VIP International Capital Appreciation - Investor Class (1)
Fidelity VIP Value - Initial Class (1)	Fidelity VIP Value - Investor Class (1)	Fidelity VIP Freedom Income - Initial Class (1)
Fidelity VIP Investor Freedom Income - Investor Class (1)	Fidelity VIP Freedom 2005 - Initial Class (1)	Fidelity VIP Investor Freedom 2005 - Investor Class (1)
Fidelity VIP Freedom 2010 - Initial Class (1)	Fidelity VIP Investor Freedom 2010 - Investor Class (1)	Fidelity VIP Freedom 2015 - Initial Class (1)
Fidelity VIP Investor Freedom 2015 - Investor Class (1)	Fidelity VIP Freedom 2020 - Initial Class (1)	Fidelity VIP Investor Freedom 2020 - Investor Class (1)
Fidelity VIP Freedom 2025 - Initial Class (1)	Fidelity VIP Investor Freedom 2025 - Investor Class (1)	Fidelity VIP Freedom 2030 - Initial Class (1)
Fidelity VIP Investor Freedom 2030 - Investor Class (1)	Fidelity VIP Freedom Lifetime Income I	Fidelity VIP Freedom Lifetime Income II

79 Annual Report

Report of Independent Registered Public Accounting Firm - continued

Fidelity VIP Freedom Lifetime Income III	Fidelity VIP Disciplined Small Cap - Initial Class (1)	Fidelity VIP Disciplined Small Cap - Investor Class (1)
Fidelity VIP FundsManager 20% - Investor Class (1)	Fidelity VIP FundsManager 50% - Investor Class (1)	Fidelity VIP FundsManager 60% - Investor Class (1)
Fidelity VIP FundsManager 70% - Investor Class (1)	Fidelity VIP FundsManager 85% - Investor Class (1)	Fidelity VIP Consumer Staples - Initial Class (1)
Fidelity VIP Consumer Staples - Investor Class (1)	Fidelity VIP Materials - Initial Class (1)	Fidelity VIP Materials - Investor Class (1)
Fidelity VIP Communication Services - Initial Class (1)	Fidelity VIP Communication Services - Investor Class (1)	Fidelity VIP Emerging Markets - Initial Class (1)
Fidelity VIP Emerging Markets - Investor Class (1)	Fidelity VIP Floating Rate High Income - Initial Class (1)	Fidelity VIP Floating Rate High Income - Investor Class (1)
Fidelity VIP Bond Index - Initial Class (1)	Fidelity VIP Total Market Index - Initial Class (1)	Fidelity VIP Extended Market Index - Initial Class (1)
Fidelity VIP International Index - Initial Class (1)	Morgan Stanley Variable Insurance Fund, Inc. Emerging Markets Equity Portfolio - Class I (1)	Morgan Stanley Variable Insurance Fund, Inc. Emerging Markets Debt Portfolio - Class I (1)
Morgan Stanley Variable Insurance Fund, Inc. Global Strategist Portfolio - Class II (1)	Invesco V.I. Global Core Equity Fund - Series I (1)	Allspring VT Discovery Fund - Class 2 (1)
Allspring VT Opportunity Fund - Class 2 (1)	Lazard Retirement Emerging Markets Equity Portfolio - Investor (1)	PIMCO Commodity Real Return Strategy Portfolio - Administrative (1)
PIMCO Low Duration Portfolio - Administrative (1)	PIMCO Real Return Portfolio - Administrative (1)	PIMCO Total Return Portfolio - Administrative (1)
Blackrock Global Allocation V.I. Fund - Class I (1)	Templeton Global Bond VIP Fund - Class 2 (1)	Franklin U.S. Government Securities VIP Fund - Class 2 (1)
(1)  Statement of operations for the year ended December 31, 2022 and statement of changes in net assets for the years ended December 31, 2022 and 2021

Basis for Opinions

These financial statements are the responsibility of the Empire Fidelity Investments Life Insurance Company management. Our responsibility is to express an opinion on the financial statements of each of the subaccounts of Empire Fidelity Investments Variable Annuity Account A based on our audits. We are a public accounting firm registered with the Public Company Accounting Oversight Board (United States) (PCAOB) and are required to be independent with respect to each of the subaccounts of Empire Fidelity Investments Variable Annuity Account A in accordance with the U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB.

We conducted our audits of these financial statements in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether due to error or fraud.

Our audits included performing procedures to assess the risks of material misstatement of the financial statements, whether due to error or fraud, and performing procedures that respond to those risks. Such procedures included examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Our audits also included evaluating the accounting principles used and significant estimates made by management, as well as evaluating the overall presentation of the financial statements. Our procedures included confirmation of investments owned as of December 31, 2022 by correspondence with the transfer agents or custodians of the investee mutual funds. We believe that our audits provide a reasonable basis for our opinions.

/s/ PricewaterhouseCoopers LLP

Boston, Massachusetts

April 28, 2023

We have served as the auditor of one or more of the subaccounts of Empire Fidelity Investments Variable Annuity Account A since 1991.

80 Annual Report

Retirement Reserves, Income Advantage, Personal Retirement, Freedom Lifetime Income and Growth and Guaranteed Income are issued by Empire Fidelity Investments Life Insurance Company. N.Y., N.Y.

Fidelity Brokerage Services LLC, member NYSE, SIPC, Fidelity Insurance Agency, Inc., and Fidelity Investments Institutional Services Company, Inc. are the distributors.

900 Salem Street, Smithfield, RI 02917

N.EVA/E.FIA-ANN-0221

1.XXXXXX.XXX

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

FINANCIAL STATEMENTS

FOR THE YEARS ENDED DECEMBER 31, 2022, 2021 AND 2020

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

FINANCIAL STATEMENTS

for the years ended December 31, 2022, 2021 and 2020

TABLE OF CONTENTS	PAGE
Report of Independent Auditors		1
Balance Sheets		3
Statements of Comprehensive Income		4
Statements of Stockholder’s Equity		5
Statements of Cash Flows		6
Notes to Financial Statements		7

Report of Independent Auditors

To the Board of Directors and Management of Empire Fidelity Investments Life Insurance Company

Opinion

We have audited the accompanying financial statements of Empire Fidelity Investments Life Insurance Company (the “Company”), which comprise the balance sheets as of December 31, 2022 and 2021, and the related statements of comprehensive income, of stockholder’s equity, and of cash flows for each of the three years in the period ended December 31, 2022, including the related notes (collectively referred to as the “financial statements”).

In our opinion, the accompanying financial statements present fairly, in all material respects, the financial position of the Company as of December 31, 2022 and 2021, and the results of its operations and its cash flows for each of the three years in the period ended December 31, 2022, in accordance with accounting principles generally accepted in the United States of America.

Basis for Opinion

We conducted our audit in accordance with auditing standards generally accepted in the United States of America (US GAAS). Our responsibilities under those standards are further described in the Auditors’ Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the Company and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

Responsibilities of Management for the Financial Statements

Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Company’s ability to continue as a going concern for one year after the date the financial statements are available to be issued.

Auditors’ Responsibilities for the Audit of the Financial Statements

Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors’ report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with US GAAS will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.

1

In performing an audit in accordance with US GAAS, we:

• Exercise professional judgment and maintain professional skepticism throughout the audit.

• Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.

• Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Company’s internal control. Accordingly, no such opinion is expressed.

• Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.

• Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the Company’s ability to continue as a going concern for a reasonable period of time.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit.

/s/PricewaterhouseCoopers LLP

Boston, Massachusetts

April 28, 2023

2

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

BALANCE SHEETS

(in thousands, except share data)

	December 31,
	2022			2021
ASSETS
Investments:
Debt securities, available-for-sale, at fair value (amortized cost of $217,986 in 2022 and $216,700 in 2021)	$	197,654		$	222,021
Policy loans		47			45
Total Investments		197,701			222,066
Cash and cash equivalents		13,006			17,598
Accrued investment income		1,711			1,556
Deferred policy acquisition costs		66,292			67,787
Reinsurance deposit and receivables		24,691			26,084
Income taxes receivable		62			715
Other assets		2,142			2,519
Separate account assets		3,189,076			3,961,316
Total Assets		3,494,681			4,299,641
LIABILITIES
Future contract and policy benefits		43,642			48,614
Contract holder deposit funds		93,140			97,416
Other liabilities and accrued expenses		5,430			3,420
Deferred tax liability, net		3,429			8,140
Payable to parent and affiliates, net		618			938
Separate account liabilities		3,189,076			3,961,316
Total Liabilities		3,335,335			4,119,844
Commitments and Contingencies (Note 11)
STOCKHOLDER’S EQUITY
Common stock, par value $10 per share - 200,000 shares authorized, issued and outstanding		2,000			2,000
Additional paid-in capital		13,500			13,500
Accumulated other comprehensive (loss) income		(13,861	)		3,081
Retained earnings		157,707			161,216
Total Stockholder’s Equity		159,346			179,797
Total Liabilities and Stockholder’s Equity	$	3,494,681		$	4,299,641

The accompanying notes are an integral part of the financial statements

3

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

STATEMENTS OF COMPREHENSIVE INCOME

(in thousands)

	For the years ended December 31,
	2022			2021			2020
REVENUES
Fees charged to contract holders	$	11,224		$	12,713		$	10,694
Fund administration fees (1)		8,849			9,667			7,857
Net investment income		5,451			4,875			5,421
Interest on reinsurance deposit		1,125			1,136			1,137
Premiums, net		468			504			258
Net realized investment (losses) / gains:
Net realized investment (losses) / gains on sales		(2,101	)		1,629			2,815
Total Revenues		25,016			30,524			28,182
BENEFITS AND EXPENSES:
Underwriting, acquisition and insurance expenses (1)		12,281			2,513			4,311
Contract and policy benefits and expenses		4,225			5,279			5,857
Total Benefits and Expenses		16,506			7,792			10,168
Income before income taxes		8,510			22,732			18,014
Income tax expense		1,219			3,175			2,973
Net Income		7,291			19,557			15,041
Other comprehensive (loss) income, before tax:
Net unrealized investment (losses) gains during the period		(23,546	)		(6,192	)		9,412
Reclassification adjustment for net realized (gains) losses included in net income		2,101			(1,629	)		(2,815	)
Benefit (provision) for income taxes related to items of other comprehensive (loss) income		4,503			1,643			(1,385	)
Other comprehensive (loss) income, net of tax		(16,942	)		(6,178	)		5,212
Comprehensive (Loss) Income	$	(9,651	)	$	13,379		$	20,253

⁽¹⁾ Includes affiliated company transactions (Note 8)

The accompanying notes are an integral part of the financial statements

4

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

STATEMENTS OF STOCKHOLDER’S EQUITY

(in thousands)

For the years ended December 31, 2022, 2021, and 2020

	Common Stock		Additional Paid-In Capital		Accumulated Other Comprehensive Income (Loss)		Retained Earnings		Total Stockholder’s Equity
Balance at December 31, 2019	$	2,000	$	13,500	$	4,047	$	137,418	$	156,965
Comprehensive income:
Net Income (loss)		—		—		—		15,041		15,041
Other comprehensive (loss) income		—		—		5,212		—		5,212
Balance at December 31, 2020	$	2,000	$	13,500	$	9,259	$	152,459	$	177,218
Comprehensive income:
Net Income (loss)		—		—		—		19,557		19,557
Other comprehensive (loss) income		—		—		(6,178)		—		(6,178)
Dividend paid to parent		—		—		—		(10,800)		(10,800)
Balance at December 31, 2021	$	2,000	$	13,500	$	3,081	$	161,216	$	179,797
Comprehensive income:
Net Income (loss)		—		—		—		7,291		7,291
Other comprehensive (loss) income		—		—		(16,942)		—		(16,942)
Dividend paid to parent		—		—		—		(10,800)		(10,800)
Balance at December 31, 2022	$	2,000	$	13,500	$	(13,861)	$	157,707	$	159,346

The accompanying notes are an integral part of the financial statements

5

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

STATEMENTS OF CASH FLOWS

(in thousands)

	For the years ended December 31,
	2022			2021			2020
Cash flows provided by (used for) operating activities:
Net income	$	7,291		$	19,557		$	15,041
Adjustments to reconcile net income to cash provided by operating activities:
Amortization		307			341			269
Net realized investment losses \ (gains) on sales		2,101			(1,629)			(2,815)
Provision (benefit) for deferred taxes		(208)			950			310
Change in assets and liabilities:
Accrued investment income (loss)		(155)			156			122
Deferred policy acquisition costs, net of amortization		4,932			(6,271)			(2,542)
Future contract and policy benefits, net		4,094			5,420			4,792
Reinsurance deposit and receivables		1,393			2,214			1,581
Payable to (receivable from) parent and affiliates, net		(321)			744			(702)
Income taxes receivable/(payable)		653			516			182
Other assets and other liabilities, net		2,392			(502)			(223)
Net cash provided by operating activities		22,479			21,496			16,015
Cash flows provided by (used for) investing activities:
Purchase of debt securities		(73,108)			(71,069)			(87,062)
Proceeds from sales of debt securities		45,322			44,080			72,857
Proceeds from maturities and calls of debt securities		24,090			25,450			15,294
Investment trades payable/ receivable, net		—			(824)			(96)
Change in policy loans		(2)			(3)			—
Net cash (used for) provided by investing activities		(3,698)			(2,366)			993
Cash flows provided by (used for) financing activities:
Deposits credited to variable annuity contracts		100,085			159,054			113,525
Net transfers (to) from separate accounts		87,305			(6,553)			63,465
Withdrawals from variable annuity contracts		(195,765)			(155,957)			(179,933)
Withdrawals from fixed annuity contracts		(4,198)			(4,477)			(4,622)
Dividend paid to parent		(10,800)			(10,800)			—
Net cash used for financing activities		(23,373	)		(18,733	)		(7,565	)
Net increase (decrease) in cash and cash equivalents		(4,592)			397			9,443
Cash and cash equivalents:
Beginning of year		17,598			17,201			7,758
End of year	$	13,006		$	17,598		$	17,201

The accompanying notes are an integral part of the financial statements

6

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

NOTES TO FINANCIAL STATEMENTS

(Dollars in thousands)

1.     ORGANIZATION AND NATURE OF OPERATIONS:

Empire Fidelity Investments Life Insurance Company (the “Company”) is a wholly-owned subsidiary of Fidelity Investments Life Insurance Company (“FILI”), which is a wholly-owned subsidiary of FMR LLC. The Company operates exclusively in the State of New York.

The Company issues and services certain variable and fixed annuity contracts and variable universal life (“VUL”) policies. Amounts invested in the fixed option of the annuity contracts are allocated to the general account of the Company. Amounts invested in the variable option of the annuity contracts and variable universal life policies are allocated to the Variable Annuity Account and Variable Life Account respectively which are separate accounts of the Company. The assets of the Variable Annuity Account and Variable Life Account are invested in certain portfolios of the Fidelity Variable Insurance Product Funds, the Fidelity Variable Insurance Product Funds (Investor Class), the Morgan Stanley Variable Insurance Funds, Inc., the Allspring Variable Trust Funds, the Lazard Retirement Series, Inc., Invesco Advisers Inc., the PIMCO Variable Insurance Trust Funds, the Franklin Templeton Variable Insurance Products Trust Funds and the Blackrock Variable Series Funds. Separate account assets are reported at the net asset value of such portfolios.

The Company offers a term life insurance product with level premium paying periods of ten, fifteen, and twenty years.    

2.     SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES:

Basis of Presentation

The accompanying financial statements of the Company have been prepared on the basis of accounting principles generally accepted in the United States of America (“GAAP”).

The preparation of the financial statements in accordance with GAAP requires management to make estimates and assumptions that affect the related amounts and disclosures in the financial statements. Actual results could differ from those estimates.

Investments

Investments in debt securities are classified as available-for-sale and are reported at fair value. Fair values for debt securities are obtained from independent pricing sources. Unrealized gains or losses on securities are reported as a component of other comprehensive income, net of income taxes. The discount or premium on debt securities, excluding loan-backed bonds and structured securities, is amortized using the effective interest method. Such amortization is included in investment income. Prepayment assumptions for loan-backed bonds and structured securities are obtained from broker-dealer survey values. Amortization of loan-backed bonds and structured securities includes anticipated prepayments over the estimated economic life of the security. When actual prepayments differ significantly from anticipated prepayments, the effective yield is recalculated to reflect actual payments to date and anticipated future payments and any resulting adjustment is included in investment income.

The Company evaluates available-for-sale investments that experience declines in fair value for impairment.

Impairment related to credit losses on available-for-sale investments is recorded in the statements of comprehensive income with an offsetting allowance for credit losses, and the portion that is related to other factors is recorded as a component of other comprehensive income (“OCI”). The Company considers many factors, including the extent to which the fair value is less than amortized cost and reasons for the decline in value (e.g., general credit spreads, the financial condition of the issuer, information from industry analyst reports and external credit ratings). If analysis of these factors results in a security needing to be impaired, the credit loss is measured as the extent amortized cost exceeds the present value of expected future cash flows. In addition to these factors, if the Company has the intent to sell an investment whose fair value is below amortized cost, or it is more likely than not that the Company will be required to sell an investment before recovery, the Company writes down the amortized cost to fair value and records an impairment in earnings.

7

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

NOTES TO FINANCIAL STATEMENTS

(Dollars in thousands)

2.     SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED):

Investments (continued)

Investment income is recognized on the accrual basis. Debt securities that are delinquent are placed on a non-accrual status, and thereafter interest income is recognized only when cash payments are received. Realized gains or losses on investments sold are determined by the specific identification method.

Cash and Cash Equivalents

The Company considers highly liquid instruments purchased with an original maturity date of three months or less to be cash equivalents. Cash and cash equivalents comprise amounts in demand deposit accounts and money market mutual funds, and are reported at cost which approximates fair value. Money market mutual funds used to hold cash prior to reinvestment and to meet operating cash requirements were $12,618 and $17,586 at December 31, 2022, and 2021, respectively. The Company reclassifies cash overdrafts to Other liabilities and accrued expenses. Cash overdrafts were $1,595 and $1,468 at December 31, 2022, and 2021, respectively.

Separate Accounts

Separate account assets represent funds held for the exclusive benefit of variable annuity and variable life insurance contract holders and are reported at fair value based on the net asset value (“NAV”) of the underlying mutual fund portfolios. Since the contract holders receive the full benefit and bear the full risk of the separate account investments, the income and realized and unrealized gains and losses from such investments are offset by an increase or decrease in the amount of liabilities related to the separate account.

Revenue Recognition

Fees charged to contract holders include mortality and expense risk, administrative charges for variable annuity and life contract holders, and the cost of providing insurance protection for variable life contract holders. Fund administration fees represent administrative fees charged to investment managers. Fees charged to contract holders and fund administration fees are recognized ratably throughout the year as a percentage of the related separate account assets. Premiums for term life insurance products are recognized as revenue over the premium-paying period. Interest accretion on the reinsurance deposit related to the fixed income annuity product and the fixed portion of the variable income annuity product is recognized over the remaining term of the underlying contracts.

Future Contract and Policy Benefits

Future contract and policy benefits include the guaranteed minimum death benefit (“GMDB”) and the guaranteed minimum withdrawal benefit features (“GMWB”) (see Note 3 - Guaranteed Benefits) on certain variable annuity products, the majority of the 100% fixed life contingent fixed income annuity product and life products. Such liabilities are established in amounts sufficient to meet the estimated future obligations of policies in force, taking into consideration the future premiums and assessments. Future contract and policy benefit liabilities are computed using certain assumptions including mortality, lapse, investment performance and expense based on the Company’s experience, industry results, emerging trends and future expectations. With the exception of the GMDB and GMWB features, assumptions are locked in at the time of issuance and are not changed unless there are adverse changes in experience or assumptions which may require the Company to provide for expected future losses by establishing premium deficiency reserves.

The Company evaluates future contract and policy benefit liabilities annually to determine if a premium deficiency exists. If the future contract and policy benefit liabilities plus the present value of future gross premiums are insufficient to provide for the current present value of future contract and policy benefits then a charge to earnings is recorded against unamortized deferred policy acquisition costs and, if necessary, a premium deficiency reserve is established. Premium deficiency for certain products is adjusted for the impact of unrealized gains and losses on investments as if the gains and losses have been realized with a corresponding credit or charge to accumulated other comprehensive income, net of income taxes.

8

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

NOTES TO FINANCIAL STATEMENTS

(Dollars in thousands)

2.     SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED):

Contract Holder Deposit Funds

Contract holder deposit funds consist of annuity deposits received from customers for the fixed portion of the variable deferred annuity product, for the fixed income annuity product with no life contingencies and for the fixed portion of life contingent income annuity products not included in Future Contract and Policy Benefits. Liabilities are established in amounts sufficient to meet the estimated future obligations of policies in force and represent accumulated account deposits plus interest credited, less contract holder withdrawals and other charges assessed against the account balance.

Reinsurance Deposit and Receivables

The Company reinsures a portion of its life insurance and annuity product risks with other companies. As a result, when the Company records liabilities that are subject to reinsurance, reinsurance deposits and receivables are recorded. The Company remains contingently liable for claims reinsured in the event the reinsurer is unable to meet its obligations. Failure of reinsurers to honor their obligations could result in losses to the Company. The Company evaluates the financial condition of its reinsurers and monitors concentration of credit risk arising from similar activities or economic characteristics of the reinsurers to minimize its exposure to significant losses from reinsurer insolvencies. The largest reinsurance counterparty exposure is partially held in a collateral account which offers the Company additional protection and reduces the risk of loss to the Company that could result from failure of a reinsurer.The Company is subject to concentration of risk with respect to this reinsurance agreement.

Reinsurance deposits and receivables are recorded net of the allowance for credit losses. The allowance for credit losses represents management’s estimate of credit losses and considers the quality of the reinsurance counterparty using probability-of-default (“PD”) / loss-given-default (“LGD”) models. The PD estimate is determined based on similarly rated companies and the LGD estimate is based on management’s estimate assigned to each reinsurer. The estimate represents the expected economic loss of a reinsurer’s default. There are two primary factors which affect LGD, (i) the presence and amount of collateral backing the reinsurance counterparty credit, and (ii) whether the reinsurer is also a direct writer of insurance. Overall, the allowance for credit losses are affected by changes in the underlying reinsurance reserve credit which can fluctuate with market returns, policy persistency and policyholder mortality. The allowance for credit losses may vary due to (i) updates in assumed probabilities of default, (ii) the value of any collateral, (iii) changes in financial strength ratings of the reinsurance counterparty by various statistical rating agencies and (iv) other risk factors. Changes in the allowance for credit losses are recorded in the provision for credit losses in the Company’s Statements of Comprehensive Income.

Deferred Policy Acquisition Costs

Costs that vary with and are primarily associated with acquiring new and renewal business are deferred. The costs consist principally of first-year commissions paid to Fidelity Insurance Agency, Inc. in accordance with contractual agreements as described in Note 8 – Affiliated Company Transactions, and certain expenses for traditional life policy issuance and underwriting. These deferred policy acquisition costs (“DAC”) are amortized over the lifetime of the policy, generally estimated as the level term period for the term insurance product and either a 30-year or 50-year period for the variable deferred and immediate annuity products in proportion to expected gross profits.

The amortization process requires the use of various assumptions, estimates and judgments about the future. The primary assumptions are expenses, investment performance, mortality, and contract cancellations (i.e., lapses, withdrawals, internal replacements and surrenders). These assumptions are reviewed on a regular basis and are generally based on the Company’s past experience, industry studies, and judgments about the future. Finally, analyses are performed periodically to assess whether there are sufficient gross profits to amortize the remaining DAC balances. See Note 9 – Underwriting, Acquisition and Insurance Expenses for additional information regarding amortization of deferred policy acquisition costs.

9

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

NOTES TO FINANCIAL STATEMENTS

(Dollars in thousands)

2.     SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED):

Deferred Policy Acquisition Costs (continued)

A significant assumption for the projection of estimated gross profits is the investment return on separate account fund balances. The Company assumes a long-term return of 7.0% before fund expenses and other charges. The Company also applies a “Reversion to the Mean” assumption in setting the projected return for the next seven years. The projected return over the next seven years is developed such that the combination of actual and projected returns equals the long term return, and the long term return is projected for the eighth year and beyond. The Company limits the projected return to no greater than 11.5% (before fund expenses and other charges) and no less than approximately 5% (before fund expenses and other charges).

GAAP provides guidance for DAC on internal replacements of insurance and investment contracts. An internal replacement is a modification in product benefits, features, rights or coverages that occurs by the exchange of a contract for a new contract, or by amendment, endorsement, or rider to a contract, or by the election of a feature or coverage within a contract. Modifications that result in a permanent contract that is substantially changed from the replaced contract is accounted for as an extinguishment of the replaced contract. DAC, unearned revenue liabilities and deferred sales inducements from contracts materially changed or replaced are written-off in the period changed or replaced. Modifications that result in a contract that is substantially unchanged from the replaced contract are accounted for as a continuation of the replaced contract.

The Company defines an internal replacement as a modification in product benefits, features, rights or coverages that occurs by the exchange of a contract, by amendment, endorsement or rider to the contract. Contract modifications resulting in a replacement contract that is substantially changed from the replaced contract is accounted for as an extinguishment of the replaced contract and any unamortized deferred acquisition costs are written off. There were no changes to the Company’s definition of internal replacements or changes in product benefits, features, rights or coverage during 2022, 2021, or 2020.

DAC for certain products is adjusted for the impact of unrealized gains and losses on investments as if the gains and losses have been realized with a corresponding credit or charge to accumulated other comprehensive income, net of income taxes.

Property and Equipment

Property, equipment, and computer software are stated at cost less accumulated depreciation or amortization. Depreciation or amortization is provided using the straight-line method over the estimated useful lives of the asset, generally three years.

Income Taxes

The Company files a consolidated federal income tax return with FILI. Under a tax sharing agreement, each company is charged or credited its share of taxes as determined on a separate company basis. Tax benefits are credited with respect to taxable losses to the extent such losses are utilized by the consolidated group. Intercompany tax balances are settled within 30 days of the actual tax payment.

The asset and liability method is used in accounting for income taxes. Under this method, deferred tax assets and liabilities are determined based on differences between financial reporting and tax basis of assets and liabilities and are measured using the current enacted tax rates.

The Company evaluates the recoverability of deferred tax assets and establishes a valuation allowance if necessary to reduce the deferred tax assets to an amount that is more likely than not expected to be realized. Considerable judgment is required in determining whether a valuation allowance is necessary, and if so, the amount of such valuation allowance. In evaluating the need for a valuation allowance, the Company considers available positive and negative evidence including nature and tax characteristic of taxable temporary differences and the timing of their reversal, projected future taxable income, tax planning

10

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

NOTES TO FINANCIAL STATEMENTS

(Dollars in thousands)

2.     SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED):

Income Taxes (continued)

strategies, and results of recent operations. Although realization is not assured, management believes it is more likely than not that the deferred tax assets, net of valuation allowances, will be realized. The Company adjusts the valuation allowance if there is a change in management’s assessment of the amount of the deferred tax assets that are more likely than not to be realized.The Company recognizes the benefit of uncertain tax positions only when the position is more-likely-than-not to be sustained upon review by taxing authorities.

Recent Adoption of Accounting Pronouncements

The Financial Accounting Standards Board (“FASB”) issued new guidance that replaces the current incurred loss impairment model for financial instruments reported at amortized cost with a methodology that reflects current expected credit losses (“CECL”). The new guidance requires consideration of a broader range of information such as historical events, current conditions, and reasonable and supportable forecasts to reflect lifetime expected credit loss estimates. The guidance also modifies OTTI guidance for available-for-sale debt securities requiring the recording of an allowance for credit losses instead of a direct reduction to carrying value and to remove the duration of a decline in fair value as a factor in determining a credit impairment. The Company adopted this guidance effective January 1, 2020 which did not have a material impact on the financial statements.

Future Adoption of Accounting Pronouncements

The FASB issued new guidance for insurance companies that issue long-duration insurance and annuity contracts. The guidance makes several changes including amendments to the assumptions used to measure liabilities for future policy benefits, measurement of market-based risk benefits, amortization of deferred acquisition costs and additional disclosures. The guidance will be effective for the Company in the year beginning January 1, 2025 and early adoption is permitted. The Company is currently evaluating the impact this guidance will have on the financial statements.

Reclassifications

Certain prior year balances have been reclassified to conform to the current year presentation.

3.     GUARANTEED BENEFITS:

The Company establishes a liability for variable annuity contracts that contain death or other insurance benefit guarantees. Certain of the variable annuity contracts issued by the Company offer guaranteed minimum death or guaranteed minimum withdrawal benefits that settle only upon an insurable event, such as death or are life contingent.

Guaranteed Minimum Death Benefits (GMDB)

The Company has certain variable annuity contracts with a GMDB feature. The GMDB feature provides annuity contract holders with a default guarantee that the benefit received at death will be no less than a prescribed minimum amount. Upon death of the annuitant prior to age 85, the death benefit is the greater of the contract value and total premiums, adjusted for withdrawals. For an additional charge, the death benefit is the greater of the default guaranteed death benefit and the highest contract value as of any prior anniversary, prior to age 80, adjusted for any additional payments or withdrawals. The optional rider is no longer offered to new customers, effective January 1, 2003. If the GMDB is higher than the current account value at the time of death, the Company incurs a cost equal to the difference. The Company’s current variable annuity contract does not offer a GMDB feature.

11

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

NOTES TO FINANCIAL STATEMENTS

(Dollars in thousands)

3.     GUARANTEED BENEFITS (CONTINUED):

Guaranteed Minimum Death Benefits (GMDB) (continued)

The following summarizes the liability for GMDB contracts reflected in the general account:

	Years Ended December 31,
	2022		2021
Beginning Balance	$	8	$	99
Change in benefit ratio estimate		1		48
Interest on reserve		1		10
Claims paid		—		(179)
Accrual of benefit ratio		13		30
Ending Balance	$	23	$	8

The reinsurance recoverables associated with the GMDB were $22 and $5 at December 31, 2022 and 2021, respectively. The following information relates to the reserving methodology and assumptions for developing the GMDB policy benefit liability:

• The projection model uses 100 pairs of stochastically generated market return scenarios for equity and bond returns.

• The projection period is 30 years from issue.

• The mean investment performance assumptions, prior to the consideration of mortality and expense fees, vary from 2.3% to 11.5% depending on the underlying fund type.

• The projection model employs a mean reversion adjustment that is based on historical performance from 1997 to the present and the long-term rate assumption.

• The volatility assumption is 20% for equity funds; 9% for bond funds; and 0% for money market funds.

• The mortality assumption is 80% of the 2012 IAM Basic Mortality Table with Scale G2.

• The base lapse rate assumption varies from 3.8% to 6.5%, depending on policy duration. The partial withdrawal assumption is 1.8% for all policy durations.

• The lapse rate for anticipated internal replacements is 1.1%.

• The discount rate is 6.83%.

The table below represents the account value, net amount at risk and average attained age of underlying contract holders for GMDB as of December 31, 2022 and 2021. The net amount at risk is the death benefit coverage in force or the amount that the Company would have to pay if all contract holders had died as of the specified date, and represents the excess of the guaranteed benefit over the fair value of the underlying investments.

	Years Ended December 31,
(in thousands, except for contract holder data)	2022		2021
Net deposits paid
Account value	$	475,921	$	630,415
Net amount at risk	$	4,435	$	4,722
Average attained age of contract holders		71		70
Ratchet (highest historical account value at specified anniversary dates)
Account value	$	25,464	$	33,146
Net amount at risk	$	4,168	$	738
Average attained age of contract holders		74		74

12

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

NOTES TO FINANCIAL STATEMENTS

(Dollars in thousands)

3.     GUARANTEED BENEFITS (CONTINUED):

Guaranteed Minimum Withdrawal Benefits (GMWB)

The Company issued a variable annuity contract with a GMWB feature. The GMWB feature provides annuity contract holders with withdrawal payments that are guaranteed for life. The withdrawal feature allows for guaranteed withdrawals beginning with age 59¹⁄₂ for the life of the contract holder based on a preset withdrawal percentage of the guaranteed withdrawal benefit (“GWB”) value as defined in the contract. The contract holder is eligible to take the withdrawal benefit each year until there is no longer any living annuitant. The GWB value is initially set equal to the purchase payment and is ratcheted up to the contract value on each anniversary until the oldest annuitant’s 85th birthday. The GWB value is reduced by (i) withdrawals if the youngest annuitant is under age 59¹⁄₂ or (ii) withdrawals in excess of the GWB amount if the youngest annuitant has reached age 59¹⁄₂.

The following summarizes the liability for GMWB contracts reflected in the general account: 

	Years Ended December 31,
	2022		2021
Beginning Balance	$	809	$	471
Change in benefit ratio estimate		1		260
Interest on reserve		42		38
Accrual of benefit ratio		33		40
Ending Balance	$	885	$	809

For contracts issued prior to January 1, 2009, the Company has reinsurance coverage for 100% of its GMWB provisions. Effective January 1, 2009, the Company entered into a reinsurance agreement to reinsure 90% of GMWB product sales during the first quarter of 2009. Effective March 31, 2009, the GMWB was no longer offered.

The reinsurance recoverables associated with the GMWB were $858 and $781 at December 31, 2022, and 2021, respectively.

The following information relates to the reserve methodology and assumptions for developing the GMWB policy benefit liability:

• The projection model uses 100 pairs of stochastically generated market return scenarios for equity and bond returns.

• The projection period is 50 years from issue.

• The mean investment return assumptions for the stochastic scenarios, before fund expenses and other charges, vary from 2.3% to 11.5% depending on the underlying fund type.

• The projection model employs a mean reversion adjustment that is based on historical performance from 1997 to the present and the long-term rate assumption.

• The volatility assumption is 20% for equity funds; 9% for bond funds; and 0% for money market funds.

• Separate benefit ratios were calculated for single life and joint life policies.

• For contract holders not yet taking withdrawals, the GMWB withdrawal waiting period is defined as the later of 16 ¹⁄₂ years from issue and age 59¹⁄₂.

• The mortality assumption is 80% of the 2012 IAM Basic Mortality Table with projection scale G2.

13

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

NOTES TO FINANCIAL STATEMENTS

(Dollars in thousands)

3.     GUARANTEED BENEFITS (CONTINUED):

Guaranteed Minimum Withdrawal Benefits (GMWB) (continued)

• The lapse rate assumption is 5.0%, with dynamic lapse reduction for contracts in the money.

• The discount rate is 6.425%, adjusted for maintenance and expense charges.

The table below displays the account value and guaranteed withdrawal values at December 31, 2022, and 2021:

	Years Ended December 31,
	2022		2021
Account value	$	107,117	$	147,244
GWB value	$	132,792	$	141,917
Average attained age of contract holders		80		79

4.     INVESTMENTS:

The components of net investment income were as follows:

	Years Ended December 31,
	2022		2021		2020
Debt securities	$	5,951	$	5,913	$	6,396
Cash and cash equivalents		216		2		41
Other		3		3		2
Total investment income		6,170		5,918		6,439
Less: investment expenses		719		1,043		1,018
Net investment income	$	5,451	$	4,875	$	5,421

Gross realized gains and losses from sales of debt securities were as follows:

	Years Ended December 31,
	2022		2021		2020
Debt securities:
Gross realized gains	$	240	$	1,918	$	3,765
Gross realized losses		(2,341)		(289)		(950)
Total realized investment gains (losses)	$	(2,101)	$	1,629	$	2,815

There were no realized investment losses as a result of impairments in 2022, 2021 or 2020. There were no debt securities that were non-income producing for 2022, 2021 or 2020, respectively. There was no interest foregone by non-income producing securities for 2022, 2021, and 2020, respectively.

14

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

NOTES TO FINANCIAL STATEMENTS

(Dollars in thousands)

4.     INVESTMENTS (CONTINUED):

Net unrealized investment gains (losses) on debt securities carried at fair value and the related impact on DAC, premium deficiency reserves, and deferred income taxes as of December 31 were as follows:

	December 31,
	2022			2021
Debt securities	$	(20,332	)	$	5,321
DAC, Premium deficiency reserves		2,787			(1,421	)
Deferred income tax (expense) benefit		3,684			(819	)
	$	(13,861)		$	3,081

Debt securities, without an allowance for credit losses, that have been in a continuous unrealized loss position as of December 31, 2022 were as follows:

	2022
	Less than twelve months						Twelve months or more						Total
	Estimated Fair Value		Gross Unrealized Losses		Number of Securities		Estimated Fair Value		Gross Unrealized Losses		Number of Securities		Estimated Fair Value		Gross Unrealized Losses		Number of Securities
									(in thousands)
Investment grade debt securities:
U.S. Treasury securities	$	23,412	$	(1,589)		9	$	10,759	$	(889)		5	$	34,171	$	(2,478)		14
States and political subdivisions		1,060		(158)		4		216		(84)		1		1,276		(242)		5
Corporate and other debt securities		94,282		(6,183)		334		62,638		(11,481)		224		156,920		(17,664)		558
Mortgage and asset-backed securities		263		(15)		1		52		(7)		2		315		(22)		3
Total	$	119,017	$	(7,945)		348	$	73,665	$	(12,461)		232	$	192,682	$	(20,406)		580
Below Investment grade debt securities:
U.S. Treasury securities	$	—	$	—		—	$	—	$	—		—	$	—	$	—		—
Corporate and other debt securities		264		(7)		2		139		(30)		2		403		(37)		4
Mortgage and asset-backed securities		—		—		—		—		—		—		—		—		—
Total	$	264	$	(7)		2	$	139	$	(30)		2	$	403	$	(37)		4

The Company believes that declines in the fair value of the securities above were not indicative of credit impairment as of December 31, 2022. The Company did not intend to sell these securities, and it was not more likely than not that the Company would be required to sell these securities before the anticipated recovery of the remaining amortized cost basis. The majority of the securities are investment grade debt securities with average fair values of 89% of amortized cost at December 31, 2022. Investments in below investment grade securities have an average fair value of 91% of amortized cost as of December 31, 2022.

15

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

NOTES TO FINANCIAL STATEMENTS

(Dollars in thousands)

4.     INVESTMENTS (CONTINUED):

Debt securities that have been in a continuous unrealized loss position as of December 31, 2021, were as follows:

	2021
	Less than twelve months							Twelve months or more							Total
	Estimated Fair Value		Gross Unrealized Losses			Number of Securities		Estimated Fair Value		Gross Unrealized Losses			Number of Securities		Estimated Fair Value		Gross Unrealized Losses			Number of Securities
										(in thousands)
Investment grade debt securities:
U.S. Treasury securities	$	10,719	$	(85	)		5	$	4,436	$	(212	)		2	$	15,155	$	(297	)		7
Corporate and other debt securities		50,518		(901	)		139		6,010		(287	)		16		56,528		(1,188	)		155
Mortgage and asset-backed securities		135		—			2		10		—			1		145		—			3
Total	$	61,372	$	(986	)		146	$	10,456	$	(499	)		19	$	71,828	$	(1,485	)		165
Below Investment grade debt securities:
U.S. Treasury securities	$	—	$	—			—	$	—	$	—			—	$	—	$	—			—
Corporate and other debt securities		5		—			1		—		—			—		5		—			1
Mortgage and asset-backed securities		—		—			—		—		—			—		—		—			—
Total	$	5	$	—			1	$	—	$	—			—	$	5	$	—			1

The Company believes that declines in the fair value of the securities above were not indicative of credit impairment as of December 31, 2021. The Company did not intend to sell these securities, and it was not more likely than not that the Company would be required to sell these securities before the anticipated recovery of the remaining amortized cost basis. The majority of the securities are investment grade debt securities with average fair values of 98% of amortized cost at December 31, 2021. Investments in below investment grade securities have an average fair value of 100% of amortized cost as of December 31, 2021.

The allowance for credit losses was zero and there were no additions, write-offs, and recoveries during 2022 or 2021. The allowance for credit losses was zero as of December 31, 2022 and 2021, respectively.

The amortized cost and fair value of debt securities by type of issuer as of December 31, 2022, were as follows:

	December 31, 2022
	Amortized Cost		Gross Unrealized Gains		Gross Unrealized Losses			Gross Unrealized Losses - Allowance		Estimated Fair Value
Debt securities:
U.S. Treasury securities	$	37,762	$	11	$	(2,478	)	$	—	$	35,295
States and political subdivisions		1,518		—		(242	)		—		1,276
Corporate and other debt securities		178,369		100		(17,701	)		—		160,768
Mortgage and asset-backed securities		337		—		(22	)		—		315
Total debt securities	$	217,986	$	111	$	(20,443)		$	—	$	197,654

16

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

NOTES TO FINANCIAL STATEMENTS

(Dollars in thousands)

4.     INVESTMENTS (CONTINUED):

The amortized cost and fair value of debt and equity securities by type of issuer as of December 31, 2021, were as follows:

	December 31, 2021
	Amortized Cost		Gross Unrealized Gains		Gross Unrealized Losses			Gross Unrealized Losses - Allowance		Estimated Fair Value
Debt securities:
U.S. Treasury securities	$	27,625	$	306	$	(297	)	$	—	$	27,634
States and political subdivisions		1,335		105		—			—		1,440
Corporate and other debt securities		187,055		6,388		(1,188	)		—		192,255
Mortgage and asset-backed securities		685		7		—			—		692
Total debt securities	$	216,700	$	6,806	$	(1,485)		$	—	$	222,021

During 2022 and 2021, the Company recorded no impairments for the portion of noncredit related losses in other comprehensive income.

Proceeds from sales of available-for-sale investments (excluding proceeds from calls and maturities) were $45,322, $44,080 and $72,857 in 2022, 2021 and 2020, respectively.

The amortized cost and fair value of debt securities at December 31, 2022, by contractual maturity are shown below. Expected maturities may differ from contractual maturities because borrowers may have the right to call or prepay obligations with or without call or prepayment penalties.

	December 31, 2022
	Amortized Cost		Estimated Fair Value
Due in 1 year or less	$	18,629	$	18,270
Due after 1 year through 5 years		100,547		93,586
Due after 5 years through 10 years		81,128		70,966
Due after 10 years		17,345		14,517
Mortgage and asset-backed securities		337		315
	$	217,986	$	197,654

At December 31, 2022, and 2021, there were no contractual investment commitments. There were no significant concentrations of debt securities by issuer or by industry, other than U.S. Treasury securities.

At December 31, 2022, the amortized cost and fair value of securities on deposit with various state and governmental authorities was $400 and $386 respectively. At December 31, 2021, the amortized cost and fair value of securities on deposit with various state and governmental authorities was $400 and $411 respectively.

5.     FAIR VALUE MEASUREMENTS:

The Company categorizes the financial assets and liabilities carried at fair value in its balance sheets based upon a three-level valuation hierarchy. The Company carries the following financial instruments at fair value in the Company’s financial statements: debt securities, cash equivalents such as money market funds, and separate account assets. The hierarchy gives the highest priority to quoted prices in active markets for identical assets or liabilities (Level 1) and the lowest priority to unobservable valuation inputs (Level 3). If the inputs used to measure a financial asset or liability cross different levels of the hierarchy, categorization is based on the lowest level input that is significant to the fair value measurement.

17

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

NOTES TO FINANCIAL STATEMENTS

(Dollars in thousands)

5.     FAIR VALUE MEASUREMENTS (CONTINUED):

Management’s assessment of the significance of a particular input to the overall fair value measurement of a financial asset or liability requires judgment, and considers factors specific to the asset or liability. The three levels are described below:

• Level 1 – Financial assets and liabilities whose values are based on unadjusted quoted prices for identical assets and liabilities in an active market.

• Level 2 – Financial assets and liabilities whose values are based on quoted prices for similar assets and liabilities in active markets, and inputs that are observable for the asset or liability, either directly or indirectly, for substantially the full term of the asset or liability.

• Level 3 – Financial assets and liabilities whose values are based on prices or valuation techniques that require inputs that are both unobservable in the market and significant to the overall fair value measurement. These inputs reflect management’s judgment about the assumptions that a market participant would use in pricing the asset or liability and are based on the best available information, some of which is internally developed.

The Company’s available-for-sale debt securities generally use Level 2 inputs for the determination of fair value. These fair values are obtained primarily from industry-standard pricing methodologies based on market observable information. The fair value of U.S. Treasury debt securities is based on quoted prices in active markets that are readily and regularly obtainable and are reflected in Level 1. While the Company obtains values for the debt securities it holds from independent pricing services, it is ultimately management’s responsibility to determine whether the value obtained and recorded to the financial statements are representative of fair value.

Cash equivalents are reported at fair value on a recurring basis and include money market instruments. Fair values of these cash equivalents may be determined using public quotations which are reflected in Level 1.

Separate account assets are invested in mutual funds whose value is based on the underlying net asset value of these funds. Open ended mutual funds in the Separate Account produce a daily NAV that is validated with a sufficient level of observable activity to support classification of the fair value measurement as Level 1.

18

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

NOTES TO FINANCIAL STATEMENTS

(Dollars in thousands)

5.     FAIR VALUE MEASUREMENTS (CONTINUED):

The following fair value hierarchy table presents information about the Company’s assets measured at fair value on a recurring basis as of:

	December 31, 2022
	Quoted Market Prices in Active Markets (Level 1)		Pricing Methods with Significant Observable Market Inputs (Level 2)		Pricing Methods with Significant Unobservable Market Inputs (Level 3)		Total Estimated Fair Value
Assets:
Available-for-sale debt securities:
U.S. Treasury securities	$	35,295	$	—	$	—	$	35,295
States and political subdivisions		—		1,276		—		1,276
Corporate and other debt securities		—		160,768		—		160,768
Mortgage and asset-backed securities		—		315		—		315
Total available-for-sale debt securities		35,295		162,359		—		197,654
Cash equivalents		12,618		—		—		12,618
Subtotal excluding separate account assets		47,913		162,359		—		210,272
Separate account assets		3,189,076		—		—		3,189,076
Total	$	3,236,989	$	162,359	$	—	$	3,399,348
	December 31, 2021
	Quoted Market Prices in Active Markets (Level 1)		Pricing Methods with Significant Observable Market Inputs (Level 2)		Pricing Methods with Significant Unobservable Market Inputs (Level 3)		Total Estimated Fair Value
Assets:
Available-for-sale debt securities:
U.S. Treasury securities	$	27,634	$	—	$	—	$	27,634
States and political subdivisions		—		1,440		—		1,440
Corporate and other debt securities		—		192,255		—		192,255
Mortgage and asset-backed securities		—		692		—		692
Total available-for-sale debt securities		27,634		194,387		—		222,021
Cash equivalents		17,586		—		—		17,586
Subtotal excluding separate account assets		45,220		194,387		—		239,607
Separate account assets		3,961,316		—		—		3,961,316
Total	$	4,006,536	$	194,387	$	—	$	4,200,923

19

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

NOTES TO FINANCIAL STATEMENTS

(Dollars in thousands)

5.     FAIR VALUE MEASUREMENTS (CONTINUED):

There were no Level 3 assets held by the Company during 2022 or 2021. There were no transfers into or out of Level 3 during 2022 or 2021.

Financial Instruments Not Carried at Fair Value

Certain financial instruments are not required to be measured at fair value in the financial statements but are disclosed if it is practicable to estimate such values.

The following include disclosures for other financial instruments not carried at fair value and not included in the above discussion:

	December 31, 2022				December 31, 2021
	Carrying Amount		Estimated Fair Value		Carrying Amount		Estimated Fair Value
Financial Assets:
Policy loans	$	47	$	47	$	45	$	45
Reinsurance deposit and receivables		24,691		24,144		26,084		27,685
	$	24,738	$	24,191	$	26,129	$	27,730
Financial Liabilities:
Contract holder deposit funds	$	93,140	$	91,271	$	97,416	$	100,923

The following methods and assumptions were used to estimate the fair value of each class of financial instruments:

Policy Loans

Policy loans are carried at outstanding principal balances, not in excess of policy cash surrender value. These loans are an integral part of the insurance products and have no maturity dates. Consequently, the outstanding principal balance is considered to be a reasonable estimate of the fair value of policy loans.

Reinsurance Deposit and Receivables

Fair values for certain of the Company’s reinsurance deposits for the fixed portion of the variable annuities contracts in payout and the fixed immediate annuity contracts are estimated using discounted cash flow calculations based on expected current offering interest rates versus contract rates.

Contract Holder Deposit Funds

Fair value for the Company’s contract holder deposit fund liabilities for the fixed portion of the variable annuity contracts in payout and the fixed immediate annuity contracts are estimated using discounted cash flow calculations based on expected current offering interest and mortality rates versus contract rates.

The fixed portion of variable deferred annuity products is carried at account value and can be withdrawn without prior notice pursuant to the terms of the annuity contract. The fixed portion of variable deferred annuity products is an integral part of the contract, and consequently the account value is considered to be a reasonable estimate of the fair value of the contract.

20

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

NOTES TO FINANCIAL STATEMENTS

(Dollars in thousands)

6.     INCOME TAXES:

The components of the provision for income taxes attributable to operations were as follows:

	Years Ended December 31,
	2022			2021		2020
Current:
Federal	$	1,405		$	2,221	$	2,640
State		21			4		23
		1,426			2,225		2,663
Deferred:
Federal		(207	)		950		310
Income tax expense	$	1,219		$	3,175	$	2,973

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Life insurance corporations in New York remain subject to a franchise tax. However, for tax years beginning on or after January 1, 2003, in no event may the franchise tax on life insurance corporations, computed prior to the application of tax credits, be less than 1.5% of premiums or more than 2.0% of premiums. Accordingly, state deferred taxes are no longer recorded for the Company as it believes that the reversal of temporary differences will have no impact on the state income tax that it will pay in the future.

Significant components of the Company’s net deferred tax liability were as follows:

	December 31,
	2022		2021
Deferred income tax assets (liabilities):
Deferred policy acquisition costs	$	(10,879)	$	(11,133)
Contract holder reserves		2,890		3,763
Contract holder reserves - Tax Cuts and Jobs Act (“TCJA”) Transition Adjustment		192		257
Unrealized gains on available-for-sale securities		4,270		(1,117)
Deferred revenue		81		83
Other, net		17		7
Net deferred tax liability before valuation allowance		(3,429)		(8,140)
Valuation allowance		—		—
Net deferred tax liability after valuation allowance	$	(3,429)	$	(8,140)

A reconciliation of the tax provision at the U.S. Federal statutory rate to the provision for income taxes is as follows:

	Years Ended December 31,
	2022		2021		2020
Tax provision at U.S. Federal statutory rate	$	1,787	$	4,774	$	3,783
Dividends received deduction		(985)		(1,913)		(1,555)
(Decrease) increase in valuation allowance		—		—		—
Provision to return adjustment		396		308		707
Other, net		21		6		38
Income tax expense (benefit)	$	1,219	$	3,175	$	2,973

21

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

NOTES TO FINANCIAL STATEMENTS

(Dollars in thousands)

6.     INCOME TAXES (CONTINUED):

The Company paid FILI net federal and state income taxes of $774, $2,481, and $2,606 in 2022, 2021, and 2020 respectively, related to the Company’s separate-company basis.

The Company recognizes uncertain tax provisions that have a greater than 50% likelihood of being sustained upon examination by the taxing authorities. As a result, the Company applies a more-likely-than-not recognition threshold for all tax uncertainties.

The Company’s management believes that adequate provision has been made in the financial statements for any potential tax uncertainties.

On March 27, 2020, the Coronavirus Aid, Relief, and Economics Security Act (the “CARES Act”) was enacted into law. One provision of the CARES Act amends the Tax Act of 2017 and allows companies with net operating losses (“NOLs”) originating in 2018, 2019 or 2020 to carry back those losses for five years. In addition, the CARES Act permits corporate taxpayers to elect to accelerate the refund schedule for any remaining AMT credits that otherwise would become incrementally refundable from 2018 through 2021. The CARES Act permits claiming the refund in full in either 2018 or 2019. Enactment of the CARES Act did not have a financial impact on the Company’s financial statements.

The Inflation Reduction Act of 2022 (“IRA”) was enacted by the U.S. Government on August 16, 2022 and includes a new corporate alternative minimum tax (“CAMT”) effective January 1, 2023. The CAMT will apply to corporations based on their affiliated group basis and requires computing the U.S. federal income tax liability under the regular corporate tax system and the CAMT.

The Company has not determined as of the reporting date if it will be liable for CAMT in 2023.

The effects of tax legislation are recognized in the period of enactment. In addition, companies are required to consider the impact of the new tax law on the realizability of deferred tax assets. The 2022 financial statements do not include an estimate of the impact of the CAMT because a reasonable estimate cannot be made.

Currently, the Company only files income tax returns in the United States. The Company is not currently under examinations and is no longer subject to U.S. federal or state tax examinations for years before 2019. The Company is not currently under examination for the income tax filings in any other jurisdictions. The Company believes that its income tax filing positions and deductions will be sustained on audit and does not anticipate any adjustment that will result in a material adverse effect on the Company’s financial condition, results of operations, or cash flows. Therefore, no reserves for uncertain tax positions have been recorded.

The Company does not anticipate any significant changes to its total unrecognized tax benefits within the next 12 months.

7.     STOCKHOLDER’S EQUITY AND DIVIDEND RESTRICTIONS:

Generally, the net assets of the Company available for payment as dividends to FILI are limited to the excess of the Company’s net assets, as determined in accordance with statutory accounting practices, over minimum statutory capital requirements; however, payments of such amounts as dividends may be subject to approval by regulatory authorities. Under New York State Insurance Laws, dividends to shareholders are limited to the lesser of the Company’s net gain from operations for the year ended on the preceding December 31, or 10% of the Company’s surplus held for policyholders as of the preceding December 31. The Company paid a dividend of $10,800, $10,800 and $0 to FILI during 2022, 2021 and 2020, respectively.

The Company prepares its statutory financial statements in accordance with accounting practices prescribed or permitted by the New York State Insurance Department which vary with GAAP in certain respects. Prescribed statutory accounting

22

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

NOTES TO FINANCIAL STATEMENTS

(Dollars in thousands)

7.     STOCKHOLDER’S EQUITY AND DIVIDEND RESTRICTIONS (CONTINUED):

practices include publications of the National Association of Insurance Commissioners, as well as state laws, regulations and general administrative rules. The principal differences with GAAP are that statutory financial statements do not reflect DAC, recognition of deferred income tax assets are limited, bonds are generally carried at amortized cost, insurance liabilities are presented net of reinsurance assets, and future policy benefit liabilities are estimated using different actuarial assumptions. The Company does not rely on the use of any permitted statutory accounting practices.

Net income and capital and surplus as determined in accordance with statutory accounting practices were as follows:

	Years Ended December 31,
	(Unaudited)		(Audited)		(Audited)
	2022		2021		2020
Statutory net income	$	13,186	$	10,701	$	10,778
Statutory surplus	$	112,281	$	110,394	$	110,443

8.     AFFILIATED COMPANY TRANSACTIONS:

The Company has a services agreement with Fidelity Investments Institutional Operations Company LLC and Fidelity Distributors Company LLC, both wholly-owned subsidiaries of FMR LLC, under which the Company provides certain shareholder account services (recordkeeping and customer reporting, customer support, and preparing/distributing marketing materials) with respect to Investor Class shares of the Fidelity Variable Insurance Product Funds. The Company earned fees of $8,185 $8,895 and $7,135 in 2022, 2021 and 2020, respectively, under these agreements. These fees are included in Fund administration fees in the Statements of Comprehensive Income.

The Company’s insurance contracts are distributed through Fidelity Brokerage Services LLC, Fidelity Insurance Agency, Inc. (“FIA”), and Fidelity Distributors Company LLC, all of which are wholly-owned subsidiaries of FMR LLC. The Company has an agreement with FIA under which the Company pays FIA sales compensation of 3% of annuity payments received for its variable deferred and immediate annuity contracts. The Company pays FIA 37.5% of term life insurance first-year premiums. The Company incurred expenses in the amount of $3,008, $4,768, and $3,394 to FIA in 2022, 2021 and 2020, respectively.

The Company has administrative services agreements with FILI and FMR LLC and its subsidiaries whereby certain administrative and other services are provided to the Company. The Company incurred expenses of $3,649, $3,367, and $3,269 with FILI and $224, $315 and $290 with FMR LLC and its subsidiaries in 2022, 2021 and 2020 respectively. Intercompany balances are settled in accordance with the terms of the respective agreements.

The Company has an agreement with Fidelity Institutional Asset Management LLC whereby investment and managerial advice is provided to the Company. The Company incurred expenses of $351, $669, and $652 in 2022, 2021 and 2020, respectively for such services.

FMR LLC sponsors a Profit-Sharing Plan covering substantially all eligible company employees. Payments are made to the trustee by FMR LLC annually for the Profit-Sharing Plan. FMR LLC’s policy is to fund all costs accrued and to charge each subsidiary for its share of the cost. The costs charged to the Company were $211, $185, and $204 in 2022, 2021 and 2020, respectively.

The Company participates in various share-based compensatory plans sponsored by FMR LLC and is allocated a compensation charge from FMR LLC that is amortized over the period in which it is earned. These share-based compensation arrangements generally provide holders with participation in changes in FMR LLC’s Net Asset Value per share (as defined) over their respective terms.    All plans are settled in cash or promissory notes at the end of their defined term or when plan participants are no longer employees. The aggregate expenses related to these plans charged to the Company were $457, $464, and $459 in 2022, 2021 and 2020, respectively.

23

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

NOTES TO FINANCIAL STATEMENTS

(Dollars in thousands)

9.     UNDERWRITING, ACQUISITION AND INSURANCE EXPENSES:

Underwriting, acquisition and insurance expenses were as follows:

	Years Ended December 31,
	2022			2021			2020
Underwriting, acquisition and insurance expenses:
Commissions, gross	$	3,008		$	4,768		$	3,394
Compensation and benefits		2,346			1,961			1,866
Capitalization of deferred policy acquisition costs		(3,011	)		(4,770)			(3,411)
Amortization (accretion) of deferred policy acquisition costs		7,943			(1,501	)		869
Rent expense		114			218			181
Taxes, licenses and fees		208			142			(178	)
General insurance expenses		1,673			1,695			1,590
Total underwriting, acquisition and insurance expenses	$	12,281		$	2,513		$	4,311

Amortization of deferred policy acquisition costs is adjusted periodically as estimates of future gross profits are revised to reflect actual and expected future experience. The Company (increased) decreased amortization by ($2,914), $6,312, and $3,383 in 2022, 2021 and 2020, respectively, to reflect actual and expected future experience for investment performance, persistency (including internal replacements), administrative expenses and inflation assumptions. This adjustment has been reflected in amortization expense.

10.     REINSURANCE:

The Company retains a maximum coverage per individual life of $25 plus 30% of the excess over $25 with a maximum initial retention not to exceed $100 for its life insurance business issued before March 1, 2008. The Company retains a flat $100 per individual life for its life business issued on and after March 1, 2008. The Company reinsures certain guarantee provisions and mortality on its annuity contracts and portions of annuity income that are fixed. The Company reinsures substantially all of its GMDB provisions for business issued prior to July 1, 2001. The Company reinsures 100% of its GMWB provisions issued prior to January 1, 2009, and 90% for business issued in the first quarter of 2009. The GMWB product and associated reinsurance contract were discontinued for new business effective March 31, 2009.

The Company has entered into a coinsurance agreement for substantially all of the fixed portion of the variable income annuity product and the fixed income annuities which arise through the annuitization of deferred annuity products if annuitization is prior to June 1, 2009. The Company retains 100% of the risk for annuitizations of deferred annuity products where annuitization occurs on or after June 1, 2009. Sales of the variable income annuity product with a fixed payment option were discontinued in May 2008. The Company is subject to concentration of risk with respect to this reinsurance agreement. The reinsurance receivable is accounted for as a deposit asset and is recorded in reinsurance deposit and receivables on the balance sheets. Under this reinsurance agreement, the Company receives a front end ceding expense allowance ranging from 2.5% to 3.5% of premiums and an annual allowance of a percentage of assets ranging from 0.30% to 0.60%.

Revenue from the reinsurance agreement and benefit expense from the underlying annuity contracts are recognized over the lives of the underlying contracts.

24

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

NOTES TO FINANCIAL STATEMENTS

(Dollars in thousands)

10.     REINSURANCE (CONTINUED):

Financial information related to the coinsurance agreement for the fixed portion of the variable income annuity and the fixed income annuities which arise through the annuitization of deferred annuity products if annuitization is prior to June 1, 2009 is as follows:

	As of December 31,
	2022		2021
Reinsurance deposits and receivables:
Principal Life Insurance Company	$	21,644	$	22,906
Contract holder deposit funds and future contract and policy benefits	$	21,644	$	22,906
Interest on reinsurance deposit	$	1,126	$	1,140
Contract and policy benefits and expenses	$	1,026	$	1,025

The Company’s deposit assets under the reinsurance agreement with Principal Life Insurance Company is partially secured by investments held in a collateral account which offers the Company additional protection and reduces the risk of loss to the Company that could result from failure of this reinsurer.

The Company evaluates the financial condition of its reinsurers and monitors concentration of credit risk arising from similar activities or economic characteristics of the reinsurers to minimize its exposure to significant losses from reinsurer insolvencies. Any expected credit losses are reflected in the allowance for credit losses, after considering any collateral. The Company did not record an allowance for credit loss on reinsurance deposits and receivables as of December 31, 2022.

Additional information on direct business written and reinsurance ceded for the years ended December 31, was as follows:

	Years Ended December 31,
	2022		2021		2020
Direct life premiums	$	801	$	863	$	892
Reinsurance ceded, net of ceding expense allowance and reinsurance premiums		(333)		(359)		(634)
Net premiums	$	468	$	504	$	258
Direct contract and policy benefits	$	4,038	$	4,993	$	5,792
Reinsurance ceded benefits incurred		(923)		(1,081)		(1,102)
Reinsurance costs		1,110		1,367		1,167
Net contract and policy benefits	$	4,225	$	5,279	$	5,857

11.     COMMITMENTS AND CONTINGENCIES:

The Company is, from time to time, involved in various legal actions concerning policy benefits and certain other matters. Those actions are considered by the Company in estimating policy reserves and other liabilities. The Company believes that the resolution of those actions should not have a material adverse effect on stockholder’s equity or net income.

Regulatory Matters

Under existing guaranty fund laws in all states, insurers licensed to do business in those states can be assessed for certain obligations of insolvent insurance companies to policyholders and claimants. The actual amount of such assessments will depend upon the final outcome of rehabilitation proceedings and will be paid over several years.

25

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(A Wholly-Owned Ultimate Subsidiary of FMR LLC)

NOTES TO FINANCIAL STATEMENTS

(Dollars in thousands)

12.     SUBSEQUENT EVENTS:

The Company has evaluated subsequent events from the balance sheet date through April 28, 2023 and did not identify any other events that would require adjustments to, or disclosure in, the financial statements.

26

PART C

OTHER INFORMATION

Item 27. Exhibits

(a) Board of Directors Resolution

(1) Resolution of Board of Directors of Empire Fidelity Investments Life Insurance Company (“Empire Fidelity Investments Life”) establishing the Empire Fidelity Investments Variable Annuity Account A. Incorporated by reference from Post-Effective Amendment No. 5 to Registration Statement filed on Form N-4 on April 25, 1997, Reg. No. 33-42376, on behalf of Empire Fidelity Investments Variable Annuity Account A.

(2) Board of Directors Resolution incorporated by reference from Post-Effective Amendment No. 34 to Registration Statement on Form N-4, Reg. No. 33-54924 on behalf of Empire Fidelity Investments Variable Annuity Account A, filed electronically on April 29, 2022.

(b) Custodian Agreements - Not Applicable

(c) Underwriting Contracts

(1) Distribution Agreement between Empire Fidelity Investments Life and Fidelity Brokerage Services LLC. Incorporated by reference from Post-Effective Amendment No. 5 to Registration Statement filed on Form N-4 on April 25, 1997, Reg. No. 33-42376, on behalf of Empire Fidelity Investments Variable Annuity Account A.

(d) Contracts

(1) Specimen Variable Annuity Contract Incorporated by reference from Post-Effective Amendment No. 4 to Registration Statement filed on Form N-4 on April 25, 1997, Reg. No. 33-54924, on behalf of Empire Fidelity Investments Variable Annuity Account A.

(2) Endorsement for Qualified Contracts Incorporated by reference from Post-Effective Amendment No. 5 to Registration Statement filed on Form N-4 on April 25, 1997, Reg. No. 33-42376, on behalf of Empire Fidelity Investments Variable Annuity Account A.

(e) Applications

(1) Application for Variable Annuity Contract Incorporated by reference from Post-Effective Amendment No. 4 to Registration Statement filed on Form N-4 on April 25, 1997, Reg. No. 33-54924, on behalf of Empire Fidelity Investments Variable Annuity Account A.

(f) Depositor’s Certification of Incorporation and By-Laws

(1) Charter of Empire Fidelity Investments Life Incorporated by reference from Post-Effective Amendment No. 5 to Registration Statement filed on Form N-4 on April 25, 1997, Reg. No. 33-42376, on behalf of Empire Fidelity Investments Variable Annuity Account A.

(2) Amended By-laws of Empire Fidelity Investments Life Incorporated by reference from Post-Effective No. 5 to Registration Statement filed on Form N-4 on April  25, 1997, Reg. No. 33-42376, on behalf of Empire Fidelity Investments Variable Annuity Account A.

(g) Reinsurance Contracts - Not Applicable

(h) Participation Agreements

(1) Participation Agreement between Empire Fidelity Investments Life and Strong Variable Insurance Funds, Inc. on behalf of the Portfolios, and Strong Opportunity Fund II, Inc., Strong Capital Management, Inc. (the “Adviser”), Incorporated by reference from Post-Effective Amendment No. 6 to Registration Statement No. 33-42376, filed on August 29, 1997, on behalf of Empire Fidelity Investments Variable Annuity Account A.

(2) Participation Agreement between Empire Fidelity Investments Life and PBHG INSURANCE SERIES FUND, INC. (“FUND”), and PILGRIM BAXTER & ASSOCIATES, LTD. (“ADVISER”). Incorporated by reference from Post-Effective Amendment No. 6 to Registration Statement No. 33-42376, filed on August 29, 1997, on behalf of Empire Fidelity Investments Variable Annuity Account A.

(3) Participation Agreement between Empire Fidelity Investments Life and MORGAN STANLEY VARIABLE INSURANCE FUND INC. (the “Fund”), and MORGAN STANLEY INVESTMENT MANAGEMENT INC. (the “Adviser”). Incorporated by reference from Post-Effective Amendment No. 6 to Registration Statement No. 33-42376, filed on August 29, 1997, on behalf of Empire Fidelity Investments Variable Annuity Account A.

(4) Participation Agreement between Empire Fidelity Investments Life and Warburg, Pincus Trust, (the “Fund”); Warburg, Pincus Counsellors, Inc. (the “Adviser”); and Counsellors Securities Inc. Incorporated by reference from Post-Effective Amendment No. 6 to Registration Statement No. 33-42376, filed on August 29, 1997, on behalf of Empire Fidelity Investments Variable Annuity Account A.

(5) Participation Agreement between Empire Fidelity Investments Life Insurance Company and LAZARD ASSET MANAGEMENT SECURITIES LLC (“Adviser”) and LAZARD RETIREMENT SERIES, INC. (“Fund”). Incorporated by reference from Post-Effective Amendment No. 19 to Registration Statement on Form N-4, Reg. No. 33-42376, on behalf of Empire Fidelity Investments Variable Annuity Account A, filed on April 27, 2006.

(6) Participation Agreement between Empire Fidelity Investments Life Insurance Company and PIMCO Variable Insurance Trust (the “Fund”), a Delaware statutory trust, and Allianz Global Investors Distributors LLC (the “Underwriter”), a Delaware limited liability company. Incorporated by reference from Post-Effective Amendment No. 5 to Registration Statement on Form N-4, Reg. No. 333-127346, on behalf of Empire Fidelity Investments Variable Annuity Account A, filed electronically on September 21, 2009.

(7) Participation Agreement between Empire Fidelity Investments Life Insurance Company and Fidelity Distributors 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 incorporated by reference from Post-Effective Amendment No. 34 to Registration Statement on Form N-4, Reg. No. 33-54924, on behalf of Empire Fidelity Investments Variable Annuity Account A, filed electronically on April 29, 2022.

(i) Administrative Contracts - Not Applicable

(i) Other Material Contracts

(1) Service Agreement between Empire Fidelity Investments Life and Fidelity Investments Life. Incorporated by reference from Post-Effective Amendment No. 5 to Registration Statement filed on Form N-4 on April 25, 1997, Reg. No. 33-42376, on behalf of Empire Fidelity Investments Variable Annuity Account A.

(2) Service Agreement between Empire Fidelity Investments Life and Fidelity Investments Corp rate Services. Incorporated by reference from Post-Effective Amendment No. 5 to Registration Statement filed on Form N-4 on April 25, 1997, Reg. No. 33-42376, on behalf of Empire Fidelity Investments Variable Annuity Account A.

(k) Legal Opinion

Legal opinion and consent of Lance A. Warrick filed herein as Exhibit (k)

(l) Other Opinions

Written consent of PricewaterhouseCoopers LLP filed herein as Exhibit (l)

(m) Omitted Financial Statements - Not Applicable

(n) Initial Capital Agreements - Not Applicable

(o) Form of Initial Summary Prospectuses - Not Applicable

(p) Power of Attorney

(1) Power of Attorney for William J. Johnson, Jr. incorporated by reference from Post-Effective Amendment No. 28 to Registration Statement on Form N-4, Reg. No. 33-54924, on behalf of Empire Fidelity Investments Variable Annuity Account A, filed electronically on April 29, 2016.

(2) Power of Attorney for Malcolm MacKay incorporated by reference from Post-Effective Amendment No. 28 to Registration Statement on Form N-4, Reg. No. 33-54924, on behalf of Empire Fidelity Investments Variable Annuity Account A, filed electronically on April 29, 2016.

(3) Power of Attorney for Miles Mei incorporated by reference from Post-Effective Amendment No. 28 to Registration Statement on Form N-4, Reg. No. 33-54924, on behalf of Empire Fidelity Investments Variable Annuity Account A, filed electronically on April 29, 2016.

(4) Power of Attorney for Kathleen A. Murphy incorporated by reference from Post-Effective Amendment No. 28 to Registration Statement on Form N-4, Reg. No. 33-54924, on behalf of Empire Fidelity Investments Variable Annuity Account A, filed electronically on April 29, 2016.

(5) Power of Attorney for Rodney R. Rohda incorporated by reference from Post-Effective Amendment No. 28 to Registration Statement on Form N-4, Reg. No. 33-54924, on behalf of Empire Fidelity Investments Variable Annuity Account A, filed electronically on April 29, 2016.

(6) Power of Attorney for Roger T. Servison incorporated by reference from Post-Effective Amendment No. 28 to Registration Statement on Form N-4, Reg. No. 33-54924, on behalf of Empire Fidelity Investments Variable Annuity Account A, filed electronically on April 29, 2016.

(7) Power of Attorney for Jane P. Jamieson incorporated by reference from Post-Effective Amendment No. 30 to Registration Statement on Form N-4, Reg. No. 33-54924, on behalf of Empire Fidelity Investments Variable Annuity Account A, filed electronically on April 27, 2018.

(8) Power of Attorney for Nancy D. Prior incorporated by reference from Post-Effective Amendment No. 30 to Registration Statement on Form N-4, Reg. No. 33-54924, on behalf of Empire Fidelity Investments Variable Annuity Account A, filed electronically on April 27, 2018.

(9) Power of Attorney for David J. Vargo incorporated by reference from Post-Effective Amendment No. 32 to Registration Statement on Form N-4, Reg. No. 33-54924, on behalf of Empire Fidelity Investments Variable Annuity Account A, filed electronically on April 29, 2020.

(10) Power of Attorney for Wendy E. John incorporated by reference from Post-Effective Amendment No. 33 to Registration Statement on Form N-4, Reg. No. 33-54924, on behalf of Empire Fidelity Investments Variable Annuity Account A, filed electronically on April 29, 2021.

(11) Power of Attorney for Gerald W. Patterson incorporated by reference from Post-Effective Amendment No. 34 to Registration Statement on Form N-4, Reg. No. 33-54924, on behalf of Empire Fidelity Investments Variable Annuity Account A, filed electronically on April 29, 2022.

(12) Power of Attorney for Joanna Rotenberg filed herein as Exhibit (p)(12)

(13) Power of Attorney for Richard G. Compson, Jr. filed herein as Exhibit (p)(13)

(14) Power of Attorney for Kathryn A. Dunn filed herein as Exhibit (p)(14)

(15) Power of Attorney for Robert W. Litle filed herein as Exhibit (p)(15)

Item 28. Directors and Officers of the Depositor

Name and Principal Business Address	Positions and Officers with Depositor
Gerald W. Patterson	Director and President
Richard G. Compson, Jr.	Director
Kathryn A. Dunn	Director
Jane P. Jamieson	Director
Wendy E. John	Director
William J. Johnson, Jr.	Director
Robert W. Litle	Director
Malcolm MacKay	Director
Kathleen A. Murphy	Director
Nancy D. Prior	Director
Rodney R. Rohda	Director
Joanna Rotenberg	Director
Roger T. Servison	Director
David J. Vargo	Director
James F. Andrea, Jr.	Head of Client Services and Operations
Joseph l. Cook-Shugart	Illustration Actuary
David M. Golino	Head of Strategy, Business Development & Finance & Chief Financial Officer
Dwight Clarke	Director, Human Resources
Robert K. Leach	Appointed Actuary
Brian N. Leary	Vice President, Chief Compliance Officer & Consumer Services Officer
Miles Mei	Treasurer
Robert G. Regan	Chief Risk Officer
Richard S. Rowland	Vice President, Channel Development
Deepa Rao Trivedi	Vice President, Technology Management
Lance A. Warrick	Vice President, General Counsel and Secretary

The principal business address for each person named in Item 28 is 900 Salem Street, Smithfield, Rhode Island 02917.

Item 29. Persons Controlled By or Under Common Control with the Depositor or the Registrant

The Depositor, Empire Fidelity Investments Life Insurance Company, is 100% owned by Fidelity Investments Life Insurance Company, a Utah Corporation. Fidelity Investments Life Insurance Company is 100% owned by FMR LLC. FMR LLC has numerous subsidiaries, including the following financial services providers:

• Fidelity Brokerage Services LLC, a Delaware limited liability Company

• Fidelity Distributors Company LLC, a Delaware limited liability Company

• Fidelity Workplace Investing LLC, a Delaware limited liability Company

• Fidelity Insurance Agency, Inc., a Massachusetts Corporation

• Fidelity Investments Institutional Operations Company LLC, a Delaware limited liability Company

• Fidelity Management & Research Company LLC, a Delaware limited liability Company (advisor to the Fidelity Funds including the Variable Insurance Product Funds named in the prospectus)

• Digital Brokerage Services, LLC, a Delaware limited liability Company

• Fidelity Prime Financing LLC, a Delaware limited liability Company

• Green Pier Fintech LLC, a Delaware limited liability Company

• National Financial Services LLC, a Delaware limited liability Company

Item 30. Indemnification

FMR LLC and its subsidiaries own directors’ and officers’ liability reimbursement contracts (the “Policies”), issued by National Union Fire Insurance Company, that provides coverage for “Loss” (as defined in the Policies) arising from any claim or claims by reason of any breach of duty, neglect, error, misstatement, misleading statement, omission or other act done or wrongfully attempted by a person while he or she is acting in his or her capacity as a director or officer. The coverage is provided to these insureds, including Empire Fidelity Investments Life, to the extent required or permitted by applicable law, common or statutory, or under their respective charters or by-laws, to indemnify directors or officers for Loss arising from the above-described matters. Coverage is also

provided to the individual directors or officers for such Loss, for which they shall not be indemnified, subject to relevant contract exclusions. Loss is essentially the legal liability on claims against a director or officer, including damages, judgements, settlements, costs, charges and expenses (excluding salaries of officers or employees) incurred in the defense of actions, suits or proceedings and appeals therefrom.

There are a number of exclusions from coverage. Among the matters excluded are Losses arising as the result of (1) fines or penalties imposed by law or other matters that may be deemed uninsurable under the law pursuant to which the Policy is construed, (2) claims brought about or contributed to by the fraudulent, dishonest, or criminal acts of a director or officer, (3) any claim made against the directors or officers for violation of any of the responsibilities, obligations, or duties imposed upon fiduciaries by the Employee Retirement Income Security Act of 1974 or amendments thereto, (4) professional errors or omissions, and (5) claims for an accounting of profits in fact made from the purchase or sale by a director or officer of any securities of the insured corporations within the meaning of Section 16(b) of the Securities Exchange Act of 1934 and amendments thereto or similar provisions of any state statutory law.

A $100 million limit (policy aggregate limit) and a $500,000 deductible apply to Loss for which the directors and officers are indemnified by Empire Fidelity Investments Life Insurance Company. A $10 million limit (policy aggregate limit) and a $0 deductible apply to Loss for which the directors and officers are not indemnified by Empire Fidelity Investments Life Insurance Company.

New York law (N.Y. Bus. Corp. 722) provides, in part, that a corporation may indemnify a director, officer, employee or agent against liability if he acted in good faith and in a manner he reasonably believed to be in the best interests of the corporation and, in respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful.

The Text of Article VI of Empire Fidelity Investments Life Insurance Company’s By-Laws, which relates to indemnification of the directors and officers, is as follows:

ARTICLE VI

INDEMNIFICATION

Section 6.1. Indemnification of Directors, Officers, Employees and Agents. Any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (including any action or suit by or in the right of the Corporation to procure a judgment in its favor) by reason of the fact that he is or was a director, officer, employee or agent of the Corporation, or is or was serving at the request of the Corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, shall be indemnified to the extent permitted by the laws of the State of New York, against expenses (including attorney’s fees), judgments, fines and amounts paid in settlement of such action, suit or proceeding. The indemnification expressly provided by statute in a specific case shall not be deemed exclusive of any other rights to which any person indemnified may be entitled under any lawful agreement, vote of shareholders or disinterested directors or otherwise, both as to action in his official capacity and as to action in another capacity while holding such office, and shall continue as a person who has ceased to be a director, officer, employee or agent and shall inure to the benefit of the heirs, executors and administrators of such a person.

The Board of Directors may purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of the Corporation as a director, officer, employee or agent of another corporation, partnership, joint venture or trust or other enterprise against any liability incurred by him in any such capacity or arising out of his status as such, whether or not the Corporation would have the power to indemnify him against such liability.

Insofar as indemnification for liability arising under the Securities Act of 1933 may be permitted to directors, officers, and controlling persons of the Registrant pursuant to the foregoing provisions, or otherwise, the Registrant has been advised that in the opinion of the Securities and Exchange Commission such indemnification is against public policy as expressed in the Act and is, therefore, unenforceable. In the event that a claim for indemnification against such liabilities (other than the payment by the Registrant of expenses incurred or paid by a director, officer, or controlling person in connection with the securities being registered), the Registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the Act and will be governed by the final adjudication of such issue.

Item 31. Principal Underwriters

(a) Fidelity Brokerage Services LLC acts as distributor for other variable life and variable annuity contracts registered by separate accounts of Fidelity Investments Life, and Empire Fidelity Investments Life Insurance Company.

(b) Management

Name and Principal Business Address	Positions and Officers with Depositor
Robert R. Mascialino	Director, Chief Executive Officer, and President
Lisa D. Kriser	Assistant Secretary
Michael Lyons	Treasurer
Kevin M. McLaughlin	Chief Financial Officer
Gail R. Merken	Chief Compliance Officer
Michael Shulman	Assistant Treasurer
Marc Squires	Director
Charles Sturdy	Secretary and Chief Legal Officer

The address for each person named in Item 31(b) is 900 Salem Street, Smithfield, Rhode Island 02917.

(c) Compensation to the Distributor:

The following aggregate amount of commissions and other compensation was received by the principal underwriter, directly or indirectly, from the Registrant for this and other variable annuity contracts issued by the Depositor, during the Registrant’s last fiscal year:

(1) Name of Principal Underwriter	(2) Net Underwriting Discounts and Commissions		(3) Compensation on Redemption		(4) Brokerage Commissions		(5) Other Compensation
Fidelity Brokerage Services LLC	$	774,318	$	0	$	0	$	0

Item 32. Location of Accounts and Records

The records regarding the Account required to be maintained by Section 31(a) of the Investment Company Act of 1940, as amended, and Rules 31a-1 to 31a-3 promulgated thereunder, are maintained at Empire Fidelity Investments Life Insurance Company at 640 Fifth Avenue, New York, New York 10019.

Item 33. Management Services

The contracts for management-related services between (a) Fidelity Investments Life and Empire Fidelity Investments Life is summarized in Part B. Payments under these contracts for 2022, 2021, and 2020, were $3,648,958, $3,367,084, and $3,268,846 respectively.

Item 34. Fee Representation

Empire Fidelity Investments Life Insurance Company hereby represents that the aggregate charges under the variable annuity policy (“the contract”) offered by Empire Fidelity Investments Life Insurance Company, under this registration statement, are reasonable in relation to services rendered, the expenses expected to be incurred, and the risks assumed by Empire Fidelity Investments Life Insurance Company.

SIGNATURES

Pursuant to the requirements of the Securities Act of 1933 and the Investment Company Act of 1940, the Registrant, Empire Fidelity Investments Variable Annuity Account A, certifies that it meets all of the requirements for effectiveness of this registration statement under rule 485(b) under the Securities Act and has duly caused this registration statement to be signed on its behalf by the undersigned, duly authorized, in the City of Smithfield, and State of Rhode Island, on this 28th day of April, 2023.

EMPIRE FIDELITY INVESTMENTS VARIABLE ANNUITY ACCOUNT A

(Registrant)

By: EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

By:	/s/ *	Attest:	/s/ Lance A. Warrick
	Gerald W. Patterson		Lance A. Warrick,
	President		Secretary

EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY

(Depositor)

By:	/s/ *	Attest:	/s/ Lance A. Warrick
	Gerald W. Patterson		Lance A. Warrick,
	President		Secretary

Pursuant to the requirements of the Securities Act of 1933, this registration statement has been signed by the following persons in the capacities indicated and on this 28th day of April 2023.

Signature	Title
/s/ *		)
Gerald W. Patterson	President and Director	)
		)
/s/ *		)
Miles Mei	Treasurer	)
		)
/s/ *		)
Richard G. Compson, Jr.	Director	)By:	/s/ Lance A. Warrick
		)	Lance A. Warrick
/s/ *		)	(Attorney-in-Fact)*
Kathryn A. Dunn	Director	)
		)
/s/ *		)
Jane P. Jamieson	Director	)
		)
/s/ *		)
Wendy E. John	Director	)
		)
/s/ *		)
William J. Johnson, Jr.	Director	)
		)
/s/ *		)
Robert W. Litle	Director	)
		)
/s/ *		)
Malcolm MacKay	Director	)

/s/ *		) )
Kathleen A. Murphy	Director	)
		)
/s/ *		)
Nancy D. Prior	Director	)By:	/s/ Lance A. Warrick
		)	Lance A. Warrick
/s/ *		)	(Attorney-in-Fact)*
Rodney R. Rohda	Director	)
		)
/s/ *		)
Joanna Rotenberg	Director	)
		)
/s/ *		)
Roger T. Servison	Director	)
		)
/s/ *		)
David J. Vargo	Director	) )