TSC Claims — Will All Dismissed Teachers Get Pension?

Unlocking Pension Opportunities for Dismissed Teachers

Discovering a ray of hope for dismissed teachers, the recent guidance from the Employment and Labour Relations Court has stirred discussions around the pension rights of public servants, especially teachers.

This article dives into the aftermath of the court’s decision and explores the possibilities for dismissed teachers to claim their pensions.

Understanding the Legal Landscape

The Employment and Labour Relations Court’s recent guidance has emphasized that any legal provision forcing dismissed individuals to forfeit pension claims is unconstitutional.

This assertion is grounded in Articles 41(1), 2(b), 40, and 43(1)(e) of the Constitution, emphasizing fair labor practices, protection of property rights, and the right to social security.

The Union’s Directive: Mobilizing Teachers for Their Rights

In response to the court’s decision, the Kenya Union of Post Primary Education Teachers (KUPPET) has issued a directive to dismissed teachers.

KUPPET Secretary General Akelo Misori instructs all affected teachers to apply for their pensions, signaling a crucial opportunity for those who had lost hope of ever receiving their dues.

The Application Process: A Lifeline for Dismissed Teachers

Dismissed teachers now have a chance to lodge complaints afresh, thanks to the union’s initiative.

Through KUPPET branches, claimants are required to submit a declaration form along with essential documents, including a copy of the employment letter, bank account particulars, ATM plate, National ID, and the last payslip.

Memo from KUPPET: Mobilizing County Executive Secretaries

In an internal memo dated April 25, 2023, Akelo Misori instructs County Executive Secretaries to compile and submit all requests for pension claims.

This internal communication underlines the urgency and seriousness with which the union is approaching the matter.

The TSC’s Response and Turning Away Teachers

Despite the court’s ruling, reports suggest that some dismissed teachers attempting to claim their benefits have faced resistance from the Teachers Service Commission (TSC).

This raises questions about the commission’s adherence to the recent ruling and its implications for teachers seeking their rightful compensation.

Service Exits and Retirement Options for Teachers

Understanding the broader context, two years ago, the TSC released reviewed service exits/retirements for teachers.

These options include voluntary retirement, compulsory retirement, resignation on various grounds, and dismissal in the public interest.

Each category comes with its own set of conditions and benefits, including lump sums and monthly pensions.

Government’s Pension Scheme: A Comprehensive Approach

The government has proposed a public servants superannuation pension scheme, mandating contributions from both employers and employees.

This scheme offers flexibility, allowing employees to transfer pension benefits between employers, access part of their benefits before mandatory retirement, and seamlessly transition from non-contributory pension schemes.

Navigating the Pension System: Important Considerations

Teachers contemplating pension options must be aware of the intricacies of the system.

Factors such as age, previous contributions, and joining the superannuation scheme can significantly impact the benefits received.

It is crucial for teachers to explore their options and make informed decisions regarding their pension plans.

Conclusion: A New Dawn for Dismissed Teachers’ Pensions

In conclusion, the recent court decision and KUPPET’s proactive stance have opened a window of opportunity for dismissed teachers to claim their pensions.

As the process unfolds, it is essential for teachers to stay informed, follow the prescribed application procedures, and assert their rights to fair compensation and social security.

The pension landscape is evolving, and dismissed teachers have a chance to rewrite their financial futures.