Advanced Medical Optics (EYE)

SCHEDULED IN-SERVICE WITHDRAWALS

9.1 Entitlement to Scheduled In-Service Withdrawal. A Participant may elect that one or more of his or her Deferral Accounts (other than a Deferral Account established for a Participant while he or she was an Eligible Salesperson) be paid as a Scheduled In-Service Withdrawal at such times and in such forms as permitted in Sections 9.2 and 9.3 below. Notwithstanding an election under this Article, if a Deferral Account is otherwise payable at a time earlier than a Scheduled In-Service Withdrawal (or commencement thereof), e.g., due to distribution on account of Termination of Employment or a withdrawal on account of Financial Hardship, the Scheduled In-Service Withdrawal shall be superseded by such earlier payment event and the Deferral Account shall be paid at such time and in such form as applicable under the earlier payment event.

9.2 Time of Commencement. The payment of a Deferral Account payable as a Scheduled In-Service Withdrawal shall commence or shall be made in January of such year as elected by the Participant but in no event earlier than the third calendar year following the Plan Year for which the Deferral Account was established.

9.3 Form of Scheduled In-Service Withdrawal. A Deferral Account payable as a Scheduled In-Service Withdrawal shall be paid in the form of either a single lump sum or in two (2), three (3) or four (4) annual installments as elected by the Participant. A Scheduled In-Service Withdrawal shall be paid in the form of a single lump sum if the total sum of a Participant’s Deferral Accounts (determined as of the last business day of the calendar year immediately proceeding the Scheduled In-Service Withdrawal and as adjusted for amounts accrued as of that date but not yet credited) is $50,000 or less notwithstanding a Participant election to the contrary.

9.4 Change in Time or Form of Payment. Effective January 1, 2009, a Participant may not change the form of payment of a Deferral Account payable as a Scheduled In-Service Withdrawal. A Participant may change the time of payment of a Scheduled In-Service Withdrawal subject to the following:

(a) No more than two (2) postponements shall be permitted;

(b) A postponement election shall not take effect until 12 months after the date on which the election is made;

(c) The postponed payment date or first scheduled installment payment date shall be at least five (5) years later than the prior payment date or first scheduled installment payment date; and

(d) A postponement election shall not be permitted unless the election is made at least 12 months prior to payment date or first scheduled installment payment date.

Prior to January 1, 2009, a change to the time or form of payment of a Deferral Account payable as a Scheduled In-Service Withdrawal may be made in accordance with Section 11.4.

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