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29 <br /> retirement of any individual who is at least 40 years of age <br /> because of the age of such individual; or <br /> ( 4) To observe the terms of a bona fide employee benefit <br /> plan: <br /> a. Where, for each benefit or benefit package, the <br /> actual amount of payment made or cost incurred on behalf of an <br /> older worker is no less than that made or incurred on behalf of a <br /> younger worker, as permissible under section 1625. 10, Title 29, <br /> Code of Federal Regulations , as in effect on June 22 , 1989 ; or <br /> b. That is a voluntary early retirement incentive <br /> plan consistent with the relevant purposes of this Ordinance. <br /> C . Notwithstanding the provisions of subsection a. <br /> or b. of this subdivision, no employee benefit plan or voluntary <br /> early retirement incentive plan shall excuse the failure to hire <br /> any individual, and no such employee benefit plan shall require or <br /> permit the involuntary retirement of any individual age 40 or <br /> older, because of the age of such individual . A covered entity <br /> acting under subdivision ( 3) or subdivision (4 ) of this section, <br /> shall have the burden of proving that such actions are lawful in <br /> any proceeding brought pursuant to this Ordinance; or <br /> ( 5 ) To discharge or otherwise discipline an individual <br /> for good cause . <br /> (k) Notwithstanding the provisions of subdivision (4) of <br /> subsection ( j ) above: <br /> (1) ( 1) Nothing in this Ordinance shall be construed to <br /> prohibit compulsory retirement of any employee who has attained 65 <br /> 24 <br />