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What Are The New Legal Regulations On Victims Of Delayed Pension Age? 07 March 2023

With the legal regulation dated 25.08.1999, the age requirement for retirement was introduced and retirement conditions were rearranged.

With the legal regulation dated 25.08.1999, the age requirement for retirement was introduced and retirement conditions were rearranged. Accordingly, for those deemed insured for the first time after 09.09.1999 (including this date), in addition to being included in the age requirement for retirement, the conditions for qualifying for old age pension or retirement pension have been redefined in terms of insurance period, number of premium payment days or service. In addition, with the temporary legal regulations entered into force, the conditions for those deemed insured for the first time before 08/09/1999 (included) have also been redetermined by gradation in terms of age and/or number of premium payment days, according to their status on the effective date of the same law.
 

As explained in the justification of the legal amendment known as the Law on the Amendment to the Social Security and General Health Insurance Law and the Statutory Decree Law No. 375 (Victims Of Delayed Pension Age);
 

Those who started to work within the scope of disability, old-age and insurance against death before 08/09/1999 (included),
 

Those who started to work within the scope of disability, old-age and insurance against death after 09/09/1999 (included), but whose insurance start date is brought back to before 8/9/1999 (included) with the borrowings they made according to the provisions of the relevant legislation that allows them to bring back the insurance start date,
 

According to the relevant legal regulations, it has been accepted with the legal amendment, known as Victims Of Delayed Pension Age by the public, that SSI insured persons can retire without the age requirement, provided that they complete the insurance period and number of premium payment days requirements subject to the date on which the insurance start coincides.
 

Within the scope of the Law on the Amendment to the Social Insurance and General Health Insurance Law and the Statutory Decree Law No. 375 (Victims Of Delayed Pension Age), it has been made possible for employers to benefit from a 5-point discount / SSI incentive for social security support premium if those who quit their jobs to retire for the first time start working in the private sector workplace (in the same workplace) where they last worked within 30 days following the date of leaving work. Accordingly, if those who are granted an old-age pension or retirement pension for the first time by requesting an old-age pension or retirement pension with the legal amendment, who are given a notice of resignation due to the request for old-age pension or retirement pension, start working subject to social security support premium in the last private sector workplace within 30 days following the date of resignation, the amount corresponding to the five-point portion of the employer's share of the social security support premium from the date of starting to work subject to social security support premium will be covered by the Treasury.
 

The law also stipulates that the procedures and principles regarding the incentives to be implemented will be jointly determined by the Ministry and the Ministry of Treasury and Finance, and it is also accepted that the law will enter into force on the date of publication (03.03.3023).
 

Following the entry into force of the aforementioned legal amendment, in a written statement apparently made due to the intensity of demand from the Press and Rights Relations Consultancy of the Social Security Institution, it is sufficient to apply to the Institution with the "Income / Monthly / Allowance Request Document" after the submission of the declaration of termination of employment by their employers in order to provide a pension to employees who fulfill the conditions to qualify for an old-age pension within the scope of the regulation,
 

In order for the monthly binding procedures to be completed in a short time, employers should request an official letter from the Institution only for the insured who are hesitant in their service before submitting the notice of termination of employment,
 

It is stated that the "SSI Registration and Service Breakdown", "Social Security Registration Document" and "My Working Life", which are among the services offered on the e-Devlet platform of the Institution, as well as the "When Will I Retire" applications on the website www.sgk.gov.tr, contain the conditions that the insured must fulfill in order to qualify for a pension, whether they have fulfilled these conditions and on what date they will fulfill these conditions, insured registration and service information, and that termination notices can be issued based on the information and documents to be obtained through e-Devlet. However, as explained above, as clarified by the Institution, this method is only valid for employees who do not have any hesitation in terms of length of service.
 

Accordingly, it has been stated that employees will be able to issue the notice of termination of employment by requesting the documents regarding the conditions that the insured must fulfill in order to qualify for the pension, whether they fulfill these conditions and on which date they will fulfill them, insured registration and service information in the "SSI Registration and Service Breakdown", "Social Security Registration Document" and "My Working Life" applications to be obtained through e-Devlet and "When Will I Retire" on the website www.sgk.gov.tr . You can access the Agency's announcement here.
 

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