The leadership of the Jamaica Teachers’ Association (JTA) says the Government breached the law when it sent teachers on retirement before the age of 65. The JTA is urging educators who were sent home on forced early retirement to contact the association for support to ensure that the education ministry follows the letter of the law.
JTA President Dr Mark Smith said the JTA told the Government that, if it did not stop the practice of sending teachers off on forced early retirement, it would take steps, including legal action, to address the matter.
Last month, the education ministry sent a letter to board chairmen and educators in the government teaching service, advising them that it had ceased the issuance of retirement notices for educators whose effective date of retirement has not been attained.
Smith told The Gleaner last week that teachers who had returned to the classrooms, owing to the intervention of the JTA, reportedly received letters from the ministry rescinding their retirement.
The JTA said a retirement schedule for a five-year transitional period was established for teachers. However, the Government was implementing a 10-year transitional period.
DID NOT SETTLE
The JTA said it did not settle on a 10-year transitional period, noting that it was not a party to that arrangement.
“A technocrat unilaterally decided that, ‘Hey, you know what? Let’s go 10 years’, in an era in which we are struggling to find qualified teachers, to send off experienced teachers before they want to retire,” Smith said.
“No technocrat has the power to usurp the authority of an act of Parliament,” he added.
While teachers can retire earlier if they so desire, Smith said the option is theirs whether they would like to continue up to 65 years.
Smith said some 40 teachers had written to the JTA, complaining that they were forced to go off early.
“We had some assurances from the Ministry of Education that no one would have been sent off, but, apparently, some people were still being sent off, and that is why we had to flex our muscle to say, ‘No’, there is an agreement’.”
Smith said the JTA rejected a suggestion that teachers who were sent off on early retirement should write to the ministry requesting an extension.
“Why would you have to write for an extension when the law guarantees you the right to go up to 65? So that was something that was put on the table and we flatly rejected it,” he told The Gleaner.
He said only teachers who want to go on early retirement should write to inform ministry officials.
“Those who don’t want to proceed on retirement must be allowed to return to their substantive posts,” he said.
A February 4, 2025 letter from a senior official from the education ministry stated that the Government was in the process of preparing an amendment to the Pensions (Public Service) Act, 2017 to address issues raised by teachers who were sent home earlier than their designated retirement age of 65.
