Version as at 1 July 2024 (b) Human Rights Act 1993 Part 2 s 30A any special services or facilities that are provided to enable or facilitate the carrying out of the work. 30 Further exceptions in relation to age (1) Nothing in section 22(1)(a) or section 22(1)(d) shall apply in relation to any position or employment where being of a particular age or in a particular age group is a genuine occupational qualification for that position or employment, whether for reasons of safety or for any other reason. (2) Nothing in section 22(1)(b) shall prevent payment of a person at a lower rate than another person employed in the same or substantially similar circum‐ stances where the lower rate is paid on the basis that the first-mentioned person has not attained a particular age, not exceeding 20 years of age. (3) Nothing in section 22(1)(a) shall prevent preferential treatment based on age accorded to persons who are to be paid in accordance with subsection (2). Compare: 1977 No 49 s 15A(2)–(4); 1992 No 16 s 4 30A Exception in relation to employment-related retirement benefits (1) (2) (3) Nothing in section 22(1)(b) prevents different treatment based on age with respect to, or in any way related to, the payment of a benefit to an employee on retirement if— (a) the employee’s entitlement to that benefit (the retirement benefit), or the calculation of that retirement benefit, is determined in whole or in part (and whether directly or indirectly) by the employee’s age; and (b) the retirement benefit is a term of a written employment contract that was in force on or before 1 February 1999; and (c) the employee was, on or before 1 February 1999, a party to that employ‐ ment contract. If a retirement benefit was a term of an employee’s written employment con‐ tract on 1 February 1999, subsection (1) continues to apply in relation to the payment of that retirement benefit even if either or both of the following things occur after that date: (a) the employee and the employer enter into a new written employment contract or employment agreement under which the employee remains entitled to that retirement benefit: (b) a different person becomes the employee’s employer as a result of a merger, takeover, restructuring, or reorganisation, but the employee remains entitled to that retirement benefit by virtue of any enactment or agreement. This section does not limit section 149. 37