What is the difference between resign to retire and retire?

I have been out on medical leave for over a year with limited sick pay. I am a teacher with 30 years experience and will reach my full 30 years with the school system I am in provided I am given my 16 sick days (by contract) and 30 days from our unions sick bank. My superintendent wants my retirement letter to read “I resign to retire…” . I don’t like the word resign. What do I stand to lose?

Asked on September 26, 2010 under Employment Labor Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I do not blame you at all. I would not like to use that terminology either and I do not think that I would advise a client in your position to write such a letter. You really need to get some advise from an attorney in your area who is familiar with your retirement plan and your rights and liabilities given the disability factor and the laws in your state.  I would not write anything that may jeopardize your ability to collect you full benefits and although I would not under regular circumstances worry, I would in your case.  You also want to make sure that you are granted what is needed in writing and signed by a person who has authority to do so because of the disability issue.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.