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EXHIBIT 10.9
FIRST AMENDMENT
TO
ALLERGAN, INC. PENSION PLAN
(RESTATED 2005)
The Allergan, Inc. Pension Plan (the "Plan") is hereby amended by
adding the
following new Section 6.6 to Article VI to document that
retroactive annuity
starting dates are permitted under the Plan.
6.6 Retroactive Annuity Starting Dates. Notwithstanding anything
in
the Plan to the contrary, in the case of pensions paid to a
Participant and
spousal benefits (as described in Section 7.2) paid to a
Participant's
surviving spouse, a Participant or a surviving spouse may elect
a
Retroactive Annuity Starting Date under this Section; provided,
that the
requirements of this Section are met.
(a) A Retroactive Annuity Starting Date shall be permitted
under
this Section only if the following requirements are met:
(i) The Retroactive Annuity Starting Date may not be earlier
than the date on which benefit payments otherwise could have
commenced under the terms of the Plan in effect as of the
Retroactive Annuity Starting Date.
(ii) Any future periodic payments shall be the same as the
future periodic payments (if any) that would have been paid had
payment actually begun on the Retroactive Annuity Starting
Date.
(iii) A make-up payment shall be made in an amount equal to
any missed payment or payments for the period from the
Retroactive Annuity Starting Date to the date of the actual
make-up payment (with an appropriate interest adjustment for
that
period).
(iv) In determining whether any Retroactive Annuity Starting
Date pension (including the required interest adjustment for
the
make-up payment described above) satisfies Code Section 415,
the
date that distribution commences shall be treated as the
Annuity
Starting Date for all purposes, including the determination of
the applicab
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