to take any action otherwise prohibited under subsections (a), (b), (c), or (e) of this section where age is a bona fide
occupational qualification reasonably necessary to the
normal operation of the particular business, or where differentiation is based on reasonable factors other than age; to observe the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement,
pension, or insurance plan, which is not a subterfuge to evade the purposes of this Act, except that no such employee benefit plan shall excuse the failure to hire any individual; or to discharge or otherwise discipline an individual for good cause
Members of a wound - up company's
occupational pension scheme who have the right to retire at age 60 in respect of any part of their service and who were aged between 60 and 64 at the date that the scheme commenced winding up, fall within s 73 (3)(b) of the
Pensions Act 1995 (PA 1995) but not in respect of
pension or other benefits accrued by service to which a
normal retiring age of 65 applies.