TSC: How teachers can exit service legally

Teacher exit

Just like any other occupation, teachers eventually exit service through retirement, or otherwise. There are several ways in which a classroom teacher can exit service, legally.

Voluntary early retirement

Any teacher having attained the age of 50 years, may apply to the commission in writing expressing their intentions to retire. The teacher needs to have served for at least 10 years in service and shall, except under circumstances special by the commission, give the commission a three months’ notice on the intention to retire.

Retirement on medical grounds

This is applicable to teachers who may no longer be capable of discharging their duties effectively on account of poor health. This type of retirement may be initiated by either the employer or the employee upon realization of the effects of health challenges on productivity grounds. A medical board constituted by the Director of Medical Services will recommend the retirement upon assessment of the teacher’s medical condition.

Compulsory retirement due to age

As they say, every beginning eventually has an ending, and in line with GoK policy, public servants upon attainment of 60 years are subject to compulsory retirement. However, Persons Living with Disabilities are retired at the age of 65, according to the Persons with Disabilities Act, 2003.

However, one must have served in the permanent and pensionable basis in order to qualify for this type of retirement.

Retirement due to public interest

The commission may retire a teacher on grounds of public interest upon considering every available report with regard to the complaint against the teacher and upon considering that it will be undesirable to retain the teacher in teaching service. A complaint or report to justify the retirement of a teacher on grounds of public interest shall demonstrate that the teacher has engaged in acts or omissions that contravene public interest and public policy as provided under.

  1. The constitution or any written law;
  2. Decision made by a competent court of law;
  3. Government policy, regulation and practice. A teacher who retires on grounds of public interest under this regulation will be entitled to pension in accordance with the pension act.

However, there are other forms of exits from teaching service which includes; release to public service institutions or teacher unions, public educational institutions, county government or transfer of service to the public service commission, resignation, dismissal or Death in service.

When employees successfully exit service legally, they will continue to get pension benefits from the employer.

By Allan Kibet

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