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Asked to give 6 months notice to retire

Discussion in 'Retirement' started by JulieMalone, Sep 29, 2020.

  1. JulieMalone

    JulieMalone New commenter

    I am an advisory teacher working for a large city council. In September I verbally gave my line managers notice that I was thinking of retiring at Easter 2021. Today I have been sent an email from one of them telling me that they need an official letter from me saying that I am retiring on 31st March 2021 so that they can start the recruitment process to replace me as they are keen to get an advert out. Things do not happen quickly in my LA! However, I am a bit unsure about whether they can ask me to do this as I may change my mind in the meantime. I thought I would only have to resign by 28th February 2021 to leave on 30th April, even though this is a few days after we return from the Easter break. I am happy to work those few extra days.
    Also, can I start the application process with Teachers Pension to have my pension for 30th April 2021 even if I have not sent in a resignation letter until 28th February?
    I do want to cover myself in case something happens and I have to stay on longer than Easter.
  2. frodo_magic

    frodo_magic Occasional commenter

    What's your contract say?
  3. JulieMalone

    JulieMalone New commenter

    Good question, I will have to dig it out and see?
  4. Lara mfl 05

    Lara mfl 05 Star commenter

    To be honest, if they intend to replace you a 28th Feb resignation doesn't really help them find a replacement. Such a senior position as your would presumably need experienced candidates and that wouldn't allow them enough time to hand in their own resignations to start any earlier than Sept. (assuming they work to Burgundy Book.
    Your contract may indeed be different and you definitely need to check that first, but I do think you may need to decide this term to allow them time to advertise and find a replacement for next March.
  5. Braindead101

    Braindead101 New commenter

    A question: Are you retiring early? If yes, and you worked in a school, the Governors need to give you permission, which they can decline for six months. I'm not sure how it would work for an advisory teacher though. That may be something to do with the authority's reasoning.
  6. Sundaytrekker

    Sundaytrekker Star commenter

    It’s not wise to start your retirement application with teachers pensions until you have formally given notice. Your retirement application will generate an email to your employer asking for confirmation that a retirement resignation has been received. I agree with others that giving your employer as much notice as you can would be fair for an advisory post. However, you are perfectly within your rights to wait and give minimum notice period if you prefer.
  7. JulieMalone

    JulieMalone New commenter

    Thank you for the advice about Teachers Pensions contacting my employer. I thought that would be the case but wasn’t entirely sure.
  8. JulieMalone

    JulieMalone New commenter

    I am retiring a couple of months before my 60th birthday. I had booked a special holiday with all my family before COVID hit to be away for the actual day. With the current restrictions being on I’m no longer sure it will go ahead on that date but I need to be not working just in case it can as I would not be able to get the time off work otherwise.
  9. diddydave

    diddydave Lead commenter

    I've seen this 6-month rule on the TP website but it does not apply when someone leaves employment.
    (Page 122 of the regulations https://www.legislation.gov.uk/uksi/2010/990/made/data.pdf)

    Section 12(3)(b):
    The entitlement day is:
    "where P ceases to be in that employment before 6 months have expired since the date on which P asks P’s employer to agree, such day as P specifies in the application, which must be no earlier than 6 weeks after the date on which P’s application is made."​
  10. Braindead101

    Braindead101 New commenter

    When I was looking, my interpretation of that part was that you couldn't apply for your pension whilst in employment but could once you had left. That would mean that there would be an inevitable gap in income between your last teaching salary and the time your first pension payment arrives.
    Again, I don't know how it applies to people not in schools, but my interpretation runs something like this: X applies for early retirement from Easter at the end of January, which is turned down. X then puts in their resignation letter on 28th Feb to leave on 1st April. On 1 April X can then apply to take their pension which would hopefully arrive in June.
    I don't have practical experience of this as my governors approved my application for early retirement.
    I am entirely grateful for working in a school where turning down such an application wasn't even considered. I'm not sure how well the LA knew the rules though. They seemed to think I wasn't following procedure to retire but was asking to be made redundant.
  11. Braindead101

    Braindead101 New commenter

    I should of course have put May here instead of April, but couldn't edit the post.
  12. diddydave

    diddydave Lead commenter

    Yes, this part of the regulations seems to be a little contradictory.
    The problem seems to stem from the fact that you cannot claim early benefits without having a break in service, which of course the employer has to agree to anyway - if they don't then you don't have a day on which to claim them as you have to be out of service. As far as I can see there is no compulsion on them to grant such a break even after the 6 months!
    That paragraph in the regulations seems very clear to me though that although they could refuse it when asked, the pension entitlement date that you ask for, so long as it is after you've left their employment, is the one that is used.

    As you say though I'd be very surprised to find any employer who would withhold their agreement...can you imagine the problems the employee could create for them by working to rule and withholding their goodwill in those months!
  13. Morninglover

    Morninglover Star commenter

    As the OP's situation is not the one common to most teachers, I wonder if asking advice from their Union would be worthwhile.

    In any case, if this were me, I think I would be prepared to help my employer out by resigning as early as I feel I can. Unless my contract stipulates 6 months, this might not be that long. But I would try to be helpful. Perhaps worth negotiating with their line manager?
    Treacle3 and Lara mfl 05 like this.
  14. lindenlea

    lindenlea Star commenter

    To be honest, I think it's make your mind up time. Best wishes
  15. frodo_magic

    frodo_magic Occasional commenter

    (Page 122 of the regulations https://www.legislation.gov.uk/uksi/2010/990/made/data.pdf)

    Section 12(3)(b):
    The entitlement day is:
    "where P ceases to be in that employment before 6 months have expired since the date on which P asks P’s employer to agree, such day as P specifies in the application, which must be no earlier than 6 weeks after the date on which P’s application is made."​

    You know, I've re-read that a dozen times and still haven't a clue what it means. Why is it so hard for them to write these regs in plain English!!!? No wonder so many people struggle to understand their pension.
  16. diddydave

    diddydave Lead commenter

    Ah but then where would all the lawyers get their money...I do have another thought about this part which I'll add at the end here.

    This was one of the reasons behind introducing the new pension scheme. The new scheme is far simpler to administer. Which all feeds into the main reason for changing it...to save money.

    Bottom line though is that if you are under your NPA you have to be out of employment to get the pension.
    The worst case scenario here, and I still don't believe this is possible, is that you can apply on the first day of unemployment and you get your pension 6 weeks later. The minimum processing time is 6 weeks.

    My 'new' thought - looking at the application form there is a section for the employer to complete. Now suppose the employer just refused to complete it, the teacher could be in limbo and unable to access their pension at all. Hence the regulation which would allow an application to proceed without the employer completing their section under the specified conditions.
  17. harsh-but-fair

    harsh-but-fair Star commenter

    No surprises there.
  18. Treacle3

    Treacle3 New commenter

    Unless I'm misreading something, you are basically saying here that you need (for personal reasons) to be not in the job then so will you not therefore have had to resign and leave before then? So, effectively you've already decided to leave? Also, if you have been sent a letter asking for confirmation, that would indicate that it is expected that you confirm one way or another i.e. it's your notice period. As said above, check your contract and you will know the legal position clearly.
  19. Prim

    Prim Occasional commenter

    I would have thought it would be a minimum of 2 months but as an advisory teacher I would expect this to follow the standard notice a teacher must give i.e 3 months/term. 6 months sounds a fair request.
  20. cornflake

    cornflake Senior commenter

    If you think you might change your mind, don’t resign!!!

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