PUBLIC LAW 101-433—OCT. 16, 1990 104 STAT. 979 "(i) where, for each benefit or benefit package, the actueil amount of payment made or cost incurred on behalf of an older worker is no less than that made or incurred on behalf of a younger worker, as permissible under section 1625.10, title 29, Code of Federal Regulations (as in effect on June 22, 1989); or "(ii) that is a voluntary early retirement incentive plan consistent with the relevant purpose or purposes of this Act. Notwithstanding clause (i) or (ii) of subparagraph (B), no such employee benefit plan or voluntary early retirement incentive plan shall excuse the failure to hire any individual, and no such employee benefit plan shall require or permit the involuntary retirement of any individual specified by section 12(a), because of the age of such individual. An employer, employment agency, or labor organization acting under subparagraph (A), or under clause (i) or (ii) of subparagraph (B), shall have the burden of proving that such actions are lawful in any civil enforcement proceeding brought under this Act; or"; (2) by redesignating the second subsection (i) as subsection (j); and (3) by adding at the end the following new subsections: "(k) A seniority system or employee benefit plan shall comply with this Act regardless of the date of adoption of such system or plan. "(1) Notwithstanding clause (i) or (ii) of subsection (f)(2)(B)— "(1) It shall not be a violation of subsection (a), (b), (c), or (e) solely because— "(A) an employee pension benefit plan (as defined in section 3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(2))) provides for the attainment of a minimum age as a condition of eligibility for normal or early retirement benefits; or "(B) a defined benefit plan (as defined in section 3(35) of such Act) provides for— "(i) payments that constitute the subsidized portion of an early retirement benefit; or "(ii) social security supplements for plan participants that commence before the age and terminate at the age (specified by the plan) when participants are eligible to receive reduced or unreduced old-age insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.), and that do not exceed such old-age insurance benefits. "(2)(A) It shall not be a violation of subsection (a), (b), (c), or (e) solely because following a contingent event unrelated to age— "(i) the value of any retiree health benefits received by an individual eligible for an immediate pension; and "(ii) the value of any additional pension benefits that are made available solely as a result of the contingent event unrelated to age and following which the individual is eligible for not less than an immediate and unreduced pension, are deducted from severance pay made available as a result of the contingent event unrelated to age. "(B) For an individual who receives immediate pension benefits that are actuarially reduced under subparagraph (A)(i), the amount of the deduction available pursuant to subparagraph (A)(i) shall be
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