FOURTH AMENDMENT TO

AMENDED AND RESTATED PARTICIPATION AGREEMENT

EQUITABLE FINANCIAL LIFE INSURANCE COMPANY, formerly known as AXA Equitable Life Insurance Company (the “Company”), a New York life insurance company, 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, each an unincorporated business trust organized under the laws of the Commonwealth of Massachusetts (each referred to hereinafter as the “Fund”), and FIDELITY DISTRIBUTORS COMPANY LLC (hereinafter the “Underwriter” or “FDC”), a Massachusetts corporation, entered into a certain participation agreement dated April 16, 2010 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of 8/11/2022 | 11:30:48 AM EDT, 20    , by and among the Company, on its own behalf and on behalf of each separate account of the Company as set forth on Schedule A to the Participation Agreement, as may be amended from time to time (individually and collectively the “Accounts”), the Fund and the Underwriter (collectively, the “Parties”).

RECITALS

WHEREAS, the Parties wish to add a new Separate Account to Schedule A of the Agreement. Schedule A is hereby deleted in its entirety and replaced with the attached Schedule A;

NOW, THEREFORE, in consideration of the mutual covenants herein contained, which consideration is full and complete, the Company, the Fund, and the Underwriter hereby agree to supplement and amend the Participation Agreement as follows:

 

  1.

Schedule A of the Agreement is hereby deleted in its entirety and replaced with the attached Schedule A.

IN WITNESS WHEREOF, the undersigned have caused this Amendment to be executed as of the date first above written.

The Company

Equitable Financial Life Insurance Company, on behalf of itself and each Separate Account

 

By:  

LOGO

 

Print Name:   Kenneth Kozlowski
Tiltle:   Chief Investment Officer
Date:   8/9/2022 | 1:24 PM PDT


The Fund:

Variable Insurance Products Fund

Variable Insurance Products Fund II

Variable Insurance Products Fund III

Variable Insurance Products Fund IV

Variable Insurance Products Fund V

 

By:  

LOGO

 

Print Name:   Colm Hogan
Title:   Assistant Treasurer
Date:   8/11/2022 | 12:17:54 PM EDT

 

The Underwriter:  
Fidelity Distributors Company LLC
By:  

LOGO

 

Print Name:   Robert Bachman
Title:   EVP
Date:   8/11/2022 | 11:30:48 AM EDT


SCHEDULE A

Separate Accounts and Associated Contracts

 

Name of Separate Account   

Policy Form Numbers of Contracts

Funded by Separate Account

Equitable America Variable Account

No. 70A

   All Contracts

Separate Account A (formerly

AXA Equitable Separate Account A)

   All Contracts

Separate Account FP (formerly

AXA Equitable Separate Account FP)

   All Contracts

Separate Account I (formerly

AXA Equitable Separate Account I)

   All Contracts

Separate Account No. 45 (formerly

AXA Equitable Separate Account 45)

   All Contracts

Separate Account No. 49 (formerly

AXA Equitable Separate Account 49)

   All Contracts

Separate Account No. 65 (formerly

AXA Equitable Separate Account 65)

   All Contracts

Separate Account No. 66 (formerly

AXA Equitable Separate Account 66)

   All Contracts

Separate Account No. 70 (formerly

AXA Equitable Separate Account 70)

   All Contracts

Separate Account No. 206 (formerly

AXA Equitable Separate Account 206)

   All Contracts

Separate Account No. 301 (formerly

AXA Equitable Separate Account 301)

   All Contracts


SCHEDULE B

https://institutional.fidelity.com

SEC / Edgar

Fidelity.com/fundreports