Ray of hope for teachers sent home without pension

All teachers previously dismissed from service by the Teachers Service Commission (TSC) without their dues have another chance to lodge complaints afresh.

This will be an opportunity for those who had lost hope to earn their pensions. The teachers include those who were interdicted without being paid pensions and other gratuities.

They now have an opportunity to place formal complaints through their Kenya Union of Post Primary Education Teachers (KUPPET) branches.

The claimant is required to attach the declaration form, copy of employment letter, bank account particulars, copy of ATM plate, copy of National ID and the last payslip.

In an internal memo dated April 25, 2023, KUPPET Secretary General Akelo Misori instructed all County Executive Secretaries to put together all requests and make formal applications.

This follows the recent judgement from the Employment and Labour Relations Court that gave legal provision in relation to those dismissed from service to forfeit all claims to pension.

This is termed as unconstitutional for contravening provision of Article 41 (1) and 2 (b) of the constitution labour practices and working conditions.

‘‘In order to safeguard the teachers’ social security rights, the union wishes to inform all teachers who were dismissed to apply for their pension, with copies served on the union,’’ Misori said.

Misori further said that many teachers who have for a long time tried to follow up for their benefits were turned back by the commission.

‘‘Following the judgement, all public servants including teachers who were dismissed from employment before their statutory retirement age have the right to their terminal benefits including pensions and/or gratuity,’’ Misori stated.

Two years ago, TSC released newly reviewed service exits/retirements for teachers in which teachers employed by the commission can exit service.

This includes voluntary retirement on attainment of 50 years and on completion of 10 years continuous service on Permanent and Pensionable terms.

Compulsory Retirement applies to teachers who have attained 60 years. A notice will be issued two years before the date of retirement.

A teacher can also exit service due to medical grounds by writing to the Director of Medical Services (DMS) and he/she should attach supportive medical documents.

TSC Resignation when a married female teacher who has served for a minimum period of five (5) years on P&P terms can resign on account of marriage.

A teacher on permanent and pensionable terms can resign from service after giving three months’ notice in writing or pay one month’s basic salary in lieu of notice.

In addition, dismissal can happen in public interest in the light of his/her usefulness to the teaching service or any public assignment and all other circumstances of the case, such retirement is desirable in the public interest. The affected teacher qualifies for a lump sum and monthly Pension.

A teacher who has been appointed to a Public Institution, Teachers Union, non-profit making educational institution or Parastatal will have his/her past service with the Commission transferred to the new Ministry.

The government proposed a public servants superannuation pension scheme where both the employer and the employee contribute certain proportions towards pension benefits.

It is mandatory for those joining service and those below 45 years. Those above 45 years can opt to join.

An employee can transfer pension benefit credits from a former employer to another with a similar Pension scheme.

The scheme allows employees to access part of their benefits even before the mandatory retirement age.

In addition, teachers joining the scheme from non-contributory pension schemes will have their past benefits transferred to the new scheme.

Also, Widows and Children’s Pension Scheme (WCPS) and NSSF contributions will cease immediately if an employee joins the scheme.

Those who remain in the free Pension Act will be bound by the provision of the Pensions Act cap 189.