| (a) | Subject to the provisions of this section, an educator shall have the right to retire, and shall be so retired, on the day on which the educator attains the age of 65 years. |
| (b) | An educator who attains the said age after the first day of a month shall be deemed to have attained that age on the first day of the following month. |
| (2) | Notwithstanding the provisions of subsection (1), an educator who was in employment immediately before 2 September 1994 in terms of a law repealed by the Educators' Employment Act, 1994 (promulgated under Proclamation No. 138 of 1994), shall have the right to retire on or after attaining the retirement age applicable to the educator immediately before the said date. |
| (a) | Notwithstanding the provisions of subsection (1) or (2), an educator shall have the right to retire on or after attaining the age of 55 years. |
| (b) | Notwithstanding the absence of any reason for discharge in terms of section 11(1), the employer may, at the request of an educator, allow the educator to retire before attaining the age of 55 years, if the employer is of the opinion— |
| (i) | that a sufficient reason exists therefor; and |
| (ii) | that the retirement will be to the advantage of the State. |
| (4) | Notwithstanding the provisions of this section, an educator— |
| (a) | who was in employment immediately before 1 May 1996; and |
| (b) | who, without interruption of service, has completed a period of ten years continuous pensionable service in terms of the pension law applicable to the educator; and |
| (c) | who has attained the age of 50 years, |
shall have the right to retire.
