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30 <br /> years of age and who, for the two-year period immediately before <br /> retirement, is employed in a bona fide executive or high policy- <br /> making position, if such employee is entitled to an immediate <br /> nonforfeitable annual retirement benefit from a pension, profit- <br /> sharing, savings, or deferred compensation plan, or any combination <br /> of such plans, of the employer of such employee, which equals, in <br /> the aggregate, at least such amount as is prescribed in the Age <br /> Discrimination Act of 1967 as amended from time to time (this <br /> amount is $44 , 000 - on the effective <br /> date of this Ordinance) . (Clarification to avoid the need to amend <br /> the Ordinance if there is a change in the federal law dollar <br /> threshhold. ) <br /> (1) (2 ) In applying the retirement benefit test of <br /> subdivision ( 1) of this subsection, if any such retirement benefit <br /> is in a form other than a straight life annuity, with no ancillary <br /> benefits , or if employees contribute to any such plan or make <br /> rollover contributions, the benefit shall be adjusted in accordance <br /> with regulations prescribed by the Equal Employment Opportunity <br /> Commission, pursuant to 29 U.S .C. § 631(c) ( 2) , so that the benefit <br /> is the equivalent of a straight life annuity with no ancillary <br /> benefits under a plan to which employees do not contribute and <br /> under which no rollover contributions are made . <br /> (m) An unlawful employment practice based on disparate impact <br /> is established under this Ordinance only if : <br /> ( 1) a complaining party demonstrates that a respondent <br /> uses a particular employment practice that causes a disparate <br /> 25 <br />