PRESIDENT-elect of the Jamaica Teachers’ Association (JTA), Mark Malabver, is crying foul, claiming teachers are being forced into retirement before the time stipulated under law.

He insisted that based on the law, teachers are to officially retire at age 65, but are being pushed to retire earlier. According to Malabver, the JTA will be taking the matter to court by the end of January if the Government doesn’t yield.

“Based on their interpretation, they are sending off persons on retirement when they have not yet reached the age of 65. Based on the schedule of the Act, as of July 2023, the age of retirement should be 65. The Government has not honoured that and as such, we are looking to file an injunction against the Government and take the matter to court, seeking a judicial review, having had discussions with the Ministry of Education,” Malabver told the Jamaica Observer.

Malabver explained that based on interaction with the JTA members, the teachers feel they are being slighted.

“One of the things that has been happening is that teachers would have made plans in terms of mortgages, car payments, everyday living. Several of them would have been impacted negatively. It is really having an adverse effect on some of our members and for us, our position is that if members want to go on early retirement, the facility is there, but they must not be forced to go off on early retirement.

“It is their choice and their choice alone. Based on the schedule that we are seeing in the pension regulations, after March 2023, teachers should be going off at age 65. We don’t know how it is that the Ministry of Education and the Ministry of Finance’s Services Commission have interpreted it that way,” he said, adding that he doesn’t understand why, at a time when the public education system is short of teachers, the Government would be forcing some into retirement.

He suggested that the teachers should be allowed to decide whether or not they want to go off on early retirement.

“After that we can treat with that if they want to return to the system. As it is now, we believe that our members are being treated in an unjust manner.”

He argued that based on the recent court ruling confirming that Paula Llewellyn is still director of public prosecutions, there should not be such a push to retire teachers before they reach the age of 65.

“The ruling in respect to Paula Llewellyn, given that ruling, it is clear cut. We are saying, based on where we are, that that is our position,” added Malabver.

When asked how many teachers are affected, current JTA President Mark Smith said he doesn’t have the exact numbers but “about 30 teachers have reached out to us for assistane in navigating the situation.

In response to the development, Minister of Education, Skills, Youth and Information, Dana Morris Dixon told the Observer the matter has been referred to the Ministry of Finance and Public Service.

“Pension related matters fall under the purview of the Ministry of Finance and Public Service. The financial secretary has informed that the Ministry of Finance will be scheduling a meeting with the JTA to discuss this matter in very short order,” she said.