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(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 uses a <br /> particular employment practice that causes a disparate impact on <br /> the basis of race, color, religion, sex, national origin, age, <br /> disability, marital status, or veteran status and the respondent <br /> fails to demonstrate that the challenged practice is job related <br /> for the position in question and consistent with business <br /> necessity; or <br /> 2 . the complaining party makes a demonstration with respect <br /> to an alternative employment practice and the respondent refuses to <br /> adopt such alternative employment practice . A "demonstration with <br /> respect to an alternative employment practice" shall be in <br /> accordance with the law as it existed on June 4 , 1989 . <br /> 3 . (a) With respect to demonstrating that a particular <br /> employment practice causes a disparate impact as described in <br /> 24 <br />