AI Summary of 5. Notification to employer concerning contractual retirement age
Subsection (1) outlines that an employee with a contractual retirement age lower than the pensionable age must notify their employer in writing if they do not consent to retire at that age. This notification should occur at least 3 months and no more than one year before reaching the contractual retirement age, or within the employer's specified notification period if longer than 3 months. An employee may issue such a notification up to twice within any six-month period.
Under subsection (3), an employer cannot enforce the contractual retirement age before responding in writing, unless justified by legitimate aims pursuant to subsection (4). If the employer intends to enforce this age, they must provide a reasoned written reply within one month of receiving the notification. Additionally, employees may withdraw their notification based on the employer's notification period or the minimum notice required under the Minimum Notice and Terms of Employment Act 1973.
5. Notification to employer concerning contractual retirement age
(1) Subject to subsection (2), where an employee is subject to a contract of employment which specifies a contractual retirement age that is less than the pensionable age and the employee does not consent to retire at the contractual retirement age, he or she shall so notify his or her employer in writing -
(a) not less than 3 months but not more than one year before the date on which the employee will reach the contractual retirement age, or
(b) where the employer notification period is greater than 3 months, not less than the employer notification period specified or the period of 6 months, whichever is the shorter.
(2) An employee may, not more than twice in any 6 month period, notify his or her employer in accordance with subsection (1).
(3) Subject to subsection (4), where an employee has notified his or her employer in accordance with subsection (1) -