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


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.

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