| (a) |
Subject to the provisions of this section, an officer, other than a member of the services or an educator or a member of the State Security Agency, shall have the right to retire from the public service, and shall be so retired, on the date when he or she attains the age of 65 years: Provided that a person who is an employee on the day immediately before the commencement of the Public Service Amendment Act, 1996, has the right to retire on reaching the retirement age or prescribed retirement date provided for in any other law applicable to him or her on that day. |
[Section 16(1)(a) amended by section 53 of the General Intelligence Laws Amendment Act, 2013 (Act No. 11 of 2013)]
| (b) |
If such an officer attains the said age after the first day of a month, he or she shall be deemed to have attained it on the first day of the following month. |
| (a) |
Notwithstanding the provisions of subsection (1), an employee, other than a member of the services or an educator or a member of the State Security Agency, employed with effect from a date prior to 1 October 1993 in terms of a law repealed by this Act, shall have the right to retire from the public service at or at any time after the retirement age applicable to him or her as at 1 October 1993, and that retirement age shall not be changed without his or her consent. |
[Section 16(2)(a) amended by section 53 of the General Intelligence Laws Amendment Act, 2013 (Act No. 11 of 2013)]
| (b) |
An officer who has the right to an earlier retirement age in terms of paragraph (a), and who wishes to be so retired, shall give written notification to his or her head of department of his or her wish to be so retired, and he or she shall— |
| (i) |
if that notification is given at least three calendar months prior to the date on which he or she attains the retirement age applicable to him or her in terms of paragraph (a), be so retired on the date on which he or she attains that age or, if he or she attains it after the first day of a month, on the first day of the following month; or |
| (ii) |
if that notification is not given at least three calendar months prior to the date on which he or she attains the said age, be so retired on the first day of such month as the executive authority may approve, which day may not be before the date on which he or she attains the said age and not be later than the first day of the fourth month after the month in which the notification is received. |
[Section 16(2)(b)(ii) substituted by section 23(a) of Act No. 30 of 2007]
| (i) |
In the case of an officer who occupies the office of head of department, he or she shall give notification of his or her wish to be retired from the public service at least six calendar months prior to the date on which he or she attains the said age, and if he or she has so given notification, the provisions of paragraph (b)(i) apply mutatis mutandis. |
| (ii) |
If such an officer has not so given notification at least six calendar months prior to the date on which he or she attains the said age, he or she shall be so retired on the first day of the seventh month following the month in which that notification is received. |
| (a) |
Notwithstanding the provisions of subsections (1) and (2) (a), an officer, other than a member of the services or an educator or a member of the State Security Agency, shall have the right to retire from the public service on the date on which he or she attains the age of 55 years, or on any date after that date. |
[Section 16(2A)(a) substituted by section 53 of the General Intelligence Laws Amendment Act, 2013 (Act No. 11 of 2013)]
| (b) |
The provisions of subsection (2)(b) shall apply with the necessary changes to an officer who wishes to retire in terms of paragraph (a). |
[Section 16(2A) inserted by section 1(a) of Act No. 67 of 1996]
| (a) |
Subject to this section and the terms and conditions of a contract contemplated in section 12(2), an officer who occupies the office of head of department has the right to retire from the public service and he or she shall be so retired at the expiry of the term contemplated in that section, or of any extended term contemplated therein, as the case may be. |
| (b) |
If an employee so retires or is retired in terms of paragraph (a), he or she shall be deemed to have been dismissed from the public service in terms of section 17(2)(b). |
[Section 16(3) substituted by section 23(b) of Act No. 30 of 2007]
| (4) |
An officer, other than a member of the services or an educator or a member of the State Security Agency who has reached the age of 60 years may, subject in every case to the approval of the relevant executive authority, be retired from the public service. |
[Section 16(4) substituted by section 53 of the General Intelligence Laws Amendment Act, 2013 (Act No. 11 of 2013)]
(5)
| (a) |
Subject to the terms and conditions of a contract contemplated in section 12(2), an executive authority may, at the request of an employee occupying the office of head of department, allow him or her to retire from the public service before the expiry of the term contemplated in section 12(2), or any extended term contemplated therein, and notwithstanding the absence of any reason for dismissal in terms of section 17(2) or the contract concluded with the employee, as the case may be, if sufficient reason exists for the retirement. |
[Section 16(5)(a) substituted by section 23(c) of Act No. 30 of 2007]
| (b) |
If an officer is allowed to retire from the public service in terms of paragraph (a), he or she shall, notwithstanding anything to the contrary contained in subsection (4), be deemed to have retired in terms of that subsection, and he or she shall be entitled to such pension as he or she would have been entitled to if he or she had retired from the public service in terms of that subsection. |
| (a) |
An executive authority may, at the request of an employee, allow him or her to retire from the public service before reaching the age of 60 years, notwithstanding the absence of any reason for dismissal in terms of section 17(2), if sufficient reason exists for the retirement. |
| (b) |
If an employee is allowed to so retire, he or she shall, notwithstanding anything to the contrary contained in subsection (4), be deemed to have retired in terms of that subsection, and he or she shall be entitled to such pension as he or she would have been entitled to if he or she had retired from the public service in terms of that subsection. |
[Section 16(6) substituted by section 23(d) of Act No. 30 of 2007]
| (7) |
If it is in the public interest to retain an officer, other than a member of the services or an educator or a member of the State Security Agency, in his or her post beyond the age at which he or she is required to be retired in terms of subsection (1), he or she may, with his or her consent and with the approval of the relevant executive authority, be so retained from time to time for further periods which shall not, except with the approval of Parliament granted by resolution, exceed in the aggregate two years. |
[Section 16(7) amended by section 53 of the General Intelligence Laws Amendment Act, 2013 (Act No. 11 of 2013)]
Older Persons Act, 2006
