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re employment after retirement

Discussion in 'Retirement' started by ulysees, Jan 8, 2020.

  1. ulysees

    ulysees New commenter

    I want to retire a year early (this summer) and then go back for at least a year or more. I’m really wanting to protect my best three in ten years which are 2009-2012 as I’m not quite ready to stop fully.
    My headteacher is insisting that I need to take more than the TP requirement of a one day break in employment contract and wants me to retire the last week or even 2 weeks of summer term so in July rather than August 31st. HT says one day not legal! But I will then forfeit almost two months pay! Also aren’t we prorarted and therefore I am entitled to that holiday pay regardless? HT says I have to take a week off minimum and have a weekend on either side so if we broke up on a Wednesday I’d have to stop the previous Wednesday.
    My question is to all you wise people on here:
    Can the HT do this? Do I have any alternative that I can use to make sure I don’t lose the six weeks pay? Am I being unreasonable?
    Thanks for any advice
  2. diddydave

    diddydave Established commenter

    If you haven't already had a break then your best 3-in-10 has already moved to 2010-2013
  3. phatsals

    phatsals Established commenter

    You could opt out, thus preserving your pension, and have the break at October half term, that would give slightly over a weeks break. The break would only be if you were planning to take your pension then, if you take it and continue in work you will be stung cruelly though with tax.

    You can opt out whenever you like. If you have the break, then take your pension, you can rejoin under the new scheme and accrue further benefits.

    The 'best 3 in 10' will always be 10 years ago.
    emerald52 likes this.
  4. diddydave

    diddydave Established commenter


    You need their agreement so I am guessing they can put in whatever stipulation they desire.

    Opting-out of the teachers pension can, in the right circumstances, be beneficial and doesn't need anyone's permission, however you should check your calculations carefully.

    I like phatsal's suggestion of the October half-term for several reasons including the idea that it would be hard to replace you after October mid-way through the term.
  5. ulysees

    ulysees New commenter

    Thank you all for your considered and speedy responses. It is difficult to decide the way forward at the at the moment cos HT has thrown a spanner in the works of my neat plan
    Thank you all for the advice though. I have been told by HT that re-employing me would be a desired outcome ie they don’t want to lose an experienced teacher in a core subject, which is good to know although I realise that until I am re-employed that is not certain. October half term would make my best three years even less( however on another thread I read that they work it out from the beginning of the financial year so that may help me a bit - not sure though haven’t really gone through the calculations on that basis yet).
    Can I just say a huge thank you to diddydave-I have followed and read many threads recently and your support and knowledge are invaluable. You have certainly taught me a lot and I am much better informed in general because of it.
  6. diddydave

    diddydave Established commenter

    If you'd like I can go through your exact numbers...just start a conversation with me and we can see if opting out to create a hypothetical calculation frozen from next month might work for you.

    The fact that the statement benefits move on month-by-month I think show that they don't do it in 'yearly' groupings.
  7. Sundaytrekker

    Sundaytrekker Star commenter

    The headteacher is wanting to make sure your ending of your contract is a ‘genuine cessation of employment’. This breaks employment for the purpose of accessing pension benefits. A longer break also affects any potential redundancy claim in the future should such a thing ever happen. Definitely do the sums around opting out which doesn’t require permission or a change of contract as far as I understand.
  8. diddydave

    diddydave Established commenter

    I think your HT is referring to this document, page 12: https://www.teacherspensions.co.uk/-/media/documents/employer/guides/accessing-benefits/conditions-for-accessing-benefits-in-the-tps--v103--13122017.ashx
    BUT it makes the 6-weeks reference with respect to someone who applies AFTER leaving. The preceding paragraph says you can get the benefits the day AFTER you leave IF you apply whilst still employed...this means you would then be free to be employed the day after that.

    The one-day break is also clarified in this PDF from teachers pensions: https://www.teacherspensions.co.uk/...7BA7B245E5C456AB2426081ECB78A2BC3AF79691E2BF5

    Quote: "Here’s the explanation in relation to re‐employment and the one day rule for a member. Your payment of AAB pension benefits is conditional on the termination of all your contracts of employment which are eligible for the Teachers’ Pension Scheme. If you are planning to return to “teaching” employment after your retirement date, your “post‐retirement re‐employment” must be under a new contract of employment and must not commence until after a break in service of at least one calendar day"

    As your HT appears amenable perhaps bringing these two documents to their attention could help.

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