Legal Memorandum on the Regulations Related to the “Victims of Delayed Pension Age” Issue

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Uçar Hukuk & Danışmanlık Bürosu

Uçar Hukuk & Danışmanlık Bürosu

With the “Law on the Amending the Social Insurance and General Health Insurance Law No. 5510 and the Decree Law No. 375 “ that has been issued with the 03/03/2023 dated Official Gazette, there was a amendment to the social security law regarding those who are old enough to retire. These changes will be reviewed in this factsheet.

Being not old enough for retirement refers to people who have completed the required premium day and working time to retire, but who are waiting to reach the age specified in the law.

In order to retire, working as insured for the period specified in the law and not being able to retire before the completion of this period actually came to our country with the amendment made on September 8, 1999 in the Social Insurance Law No. 506. Before this change, employees who were registered for insurance and completed the premium day could retire without seeking the age requirement, but with the amendment made in the abolished Social Insurance Law in 1999, an age requirement was added to these two criteria and the retirement age was changed.

Before making changes in the Social Insurance and General Health Insurance Law No. 5510, which replaced the Social Security Law No. 506; If the premium condition specified in the law was met, 20 years at work for women and 25 years at work for men were among the retirement conditions.

With the Unemployment Insurance Law No. 4447 issued on September 8, 1999, the retirement age for women became 58 and this age for men 60. In 2008, the retirement age increased to 65 with the Law No. 5510 for those who started to work as insured for the first time. In other words, with the change made in 2008, people with full insurance premiums could only retire at the age of 65.

This problem of those who have reached retirement age and are waiting for the insurance period despite completing their premium days has been regulated within the scope of the amendment published in the Official Gazette dated 03/03/2023.

 

Who Can Benefit?

Pursuant to the Law No. 7438 published in the Official Gazette with the amendment made on 03/03/2023;

 

Conditions to benefit from the law are listed below:

Conditions for Insured with 4/a

  1. Having insurance before 9 September 1999,
  2. 20 years at work for women and 25 years at work for men, and those who meet the gradual premium day conditions between 5000-5975 will be able to benefit from the change.

Conditions for Insured with 4/b and 4/c

  1. 20 years of work for women and 25 years for men, they will be able to benefit from EYT.

 

What are the payments that can be made to the worker by the employer for the worker who will retire within the scope of EYT?

In case the conditions specified in the law are met

  • Severance pay
  • Unpaid Salary if any
  • Overtime and Overtime Work Fee
  • Annual Leave Fee, if any
  • Weekly Holiday Fee
  • National Holiday and General Holiday Fee.

 

How to Apply for EYT?

Among the employees who meet the conditions in the law, those with insurance branch 4/a must first apply to their existing workplaces for retirement within the scope of EYT, on the grounds of “retirement”. Then, after the employer gives the notice of resignation, EYT employees will be able to apply via e-Government.

 

How Will the Employer Dismiss an EYT Employee?

Employers will follow normal retirement procedures in the dismissal of those covered by EYT. In this context, they will use code number 8 for dismissal.

 

The employer will pay the retired employee the severance pay he deserves. EYT members will be able to receive support for their severance pay by applying to the Credit Guarantee Fund for severance pay.

 

On the other hand, those who retire within the scope of EYT will be able to benefit from a 5 percent social security support premium discount if they start working at the same workplace within 30 days.

 

In conclusion;

From the newly released EYT law;

  1. Those who have insurance before 9 September 1999,
  2. For 4/a insured, those who meet the conditions of 20 years of insurance for women and 25 years for men and gradual premium days between 5000-5975,
  3. For 4/b and 4/c insured persons, those with 20 full years of service for women and 25 full years for men will be able to benefit regardless of age criteria.

 

You can contact us here for detailed information on the subject.

You can get detailed information about the work of our office in the field of Labor and Social Security Law on our website.

Salih KARADENİZ (Apprentice Attorney)

Uçar Law & Consultancy Office

Diclaimer:

This article is prepared by Uçar Law & Consultancy Office for information purposes only, and the information and visual materials contained in it cannot be used, reproduced, published, transmitted to a third party or translated without prior written permission from us. This legal memorandum is not a comment or legal opinion and was prepared on the publication date and our attorney’s office is not responsible for its failure to
update continuously.”

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