Precarious teacher could not register in the GPS because she is 67 years old. Until what age can you work with MAD

Is it possible to continue making substitutions through MAD Availability questions even after age 67 if the right to a pension has not been reached?

The question of one of our readers

Teacher of precarious childhood, I have reached the age limit for the renewal of the rankings, there is one year of contributions to reach a minimum pension, can I continue to make substitutes with the MAD? I wait your answer thank you.

GPS: stop entering those who have reached 67 years of age before September 1, 2020

Ordinance number 60 of 2020 establishes that to be included in the provincial and school rankings for the 2020/2022 biennium, it is necessary to be between 18 and 67 years old.

Candidates who have turned 67 by September 1, 2020 apply for inclusion in the provincial and school rankings.

The request to make MAD available to those who are not included in the ranking

The Ministry, with a circular dated September 5, 2020, clarified that “The requests for availability must be presented exclusively by teachers who are not registered in any provincial and school ranking and can be submitted so that a province is explicitly declared in the request “

Therefore, our candidate may continue requesting to make substitutions with the MAD, not being registered in any ranking (the maximum age limit has been inserted for registration in the ranking, not for teaching), even with the limit of the only imposed province this year by the Ministry.

Because you can continue working after 67 years

In the public administration, it is foreseen that the employee who reaches 67 years of age must be put into retirement. However, the legislation also establishes that, if the minimum contribution of 20 years for the right to the old-age pension has not been reached, the worker may remain at work until the age of 71, provided that during the period of detention is possible to achieve the minimum contributions required for retirement.

In the case of precarious teachers, it is not possible to request detention in service since they are not the holder.

But, although the aforementioned ordinance prohibits those who have not met the retirement requirements from remaining in the ranking after 67 years, the ruling 764 of the Council of State of 2011 maintains that the retirement regulations for permanent personnel, arguing, in addition, that the office retirement is only applicable to permanent staff.

For non-permanent personnel, however, article 24 of Law 160 of 1955 applies, which establishes: “Teachers who have turned 70 in the previous school year cannot be assigned positions or substitutes. In any case, teaching work ceases from the beginning of the school year following that in which the responsible teachers turn 70 years old. “