Orange County NC Website
1989 ; or <br /> b. That is a voluntary early retirement incentive plan <br /> consistent with the relevant purposes of this Ordinance. <br /> c . Notwithstanding the provisions of subsection a . or b. <br /> of this subdivision, no employee benefit plan or voluntary <br /> early retirement incentive plan shall excuse the failure to <br /> hire any individual, and no such employee benefit plan shall <br /> require or permit the involuntary retirement of any individual <br /> age 40 or older, because of the age of such individual . A <br /> covered entity acting under subdivision (3 ) or subdivision (4 ) <br /> of this section, shall have the burden of proving that such <br /> actions are lawful in any proceeding brought pursuant to thi <br /> 4 <br /> Ordinance; or • <br /> (5) To discharge or otherwise discipline an individual for <br /> 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 /> 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 forty-four thousand dollars ($44, 000 ) . <br /> 23 <br />