Retirement - Frequently Asked Questions

1. What is the Social Security Registration Deadline to be Able to be Covered by This New Retirement Law?

The individuals whose first social security registration date is before September 8, 1999, and who completed the insurance period of 20 years for women and 25 years for men will be able to retire regardless of age.

To retire, it is also needed to complete the SSI premium day condition, (which varies between 5,000 and 5,975 days and can be checked via the e-Government – e-Devlet (In Turkish) online portal) depending on the date of social security registration.

2. Is 5% Insurance Premium Incentive Applied for Those Who Are Covered by EYT and Start to Work Again?

5% social security premium incentive will be given to the employer for all employees who start to work again in the same workplace within 30 days after retirement.

Based on that the below conditions would need to be met to benefit from that %5 social security premium incentive:

• First social security registration date should be before September 8, 1999.
• Social security deregistration form would need to be submitted with the termination reason of retirement (old age) - 08.
• Written retirement application (online application via e-Government) as of March 3, 2023.
• Starting to work for the same employer again within 30 days from the date of leaving the job (Retired status - within the scope of SGDP).

3. In Which Status Can The Individuals be Retired (SSK, Bağ-Kur And Emekli Sandığı)?

All institutions (SSK (In Turkish), Bağ-Kur and Emekli Sandığı) will be included in this regulation.

Retirement payment will be granted per the status in which the maximum insurance period has passed within the last seven years of actual service.

4. How To Apply for Retirement Via E-Government System?

a. Employment termination due to retirement

First, an employee must receive a written document stating that "S/he qualifies for retirement/receives severance payment" from SSI and deliver it to the employer along with the resignation petition due to retirement reason.

In the meantime, since the time to receive this document may be delayed due to the intensity of the Institution, SSI make an announcement that the employers can make the termination without this letter (with the control of the information that the employee can access from the "Çalışma Hayatım" page via the e-devlet system).

b. Retirement application via e-Government (e-Devlet) portal after the termination due to retirement

After the termination with the retirement reason, the below steps would need to be taken on e-Government (e-Devlet) portal:

• After logging in to the e-devlet system, the section named "GELİR, AYLIK ÖDENEK TALEP BELGESİNİN VERİLMESİ" should be searched. You can directly reach this section via the link (In Turkish).
• You should click the "YENİ BAŞVURU" tab on the related screen.
• "YAŞLILIK AYLIĞI" should be selected as the relevant type on the screen.
• According to the scope of SSK or Bağkur, "4A SSK" or "4B Bağkur" should be selected and the "BAŞVUR" button should be clicked.
• Turkish ID number, name-surname, and residence address information come into the system directly. However, the bank to which the salary payment will be made should be selected and the requested branch of the bank should be written in the explanation section and other contact information should be filled in. "Aylık alıyor mu?" to the question; If there is another ongoing monthly, EVET, if not, HAYIR should be marked.
• When the "İLERİ" and "BAŞVUR" buttons are clicked, the information will be sent to SSI.
• SSI will return in writing after completing the monthly retirement allowance process. In addition, the status of the applications can also be checked via e-Devlet.

5. Is There Any Deadline for Applications?

There is no deadline for applications. The individuals who meet the relevant conditions can complete the retirement application process at any time by following the above steps.

For example, the individuals who want their pensions/retirement payments to be paid in April can apply until 31 March 2023. In addition, individuals who choose to apply in the coming months will receive their pensions / retirement payments in the months following the application.

6. When Can Employers Re-Hire the Employees Who Terminated Job Contracts Due to Retirement?

Employers can re-hire the employees who terminated their jobs due to retirement (with the termination code 08 – retirement) after the employees complete their retirement applications via e-Government.

7. Do Employers Have an Obligation to Re-Hire All Employees Who Terminated Their Jobs with the Reason of YET/Retirement?

Employers do not have an obligation to re-hire the retired employees. This is an employee-employer relation topic and employers can re-hire the employees who terminated the job due to retirement or use their preference not to hire them if they wish.

Employers should clearly share their decisions with employees and inform themselves.

8. Should a New Contract Be Made With Employees Who Will Be Re-Hired After Retirement Application?

Since the previous contract has been terminated due to retirement reasons, it would be correct to have a new contract with the new date on it.

In the meantime, if the nature of work is not appropriate, a fixed-term employment contract should not be made.

9. Should Severance Be Paid When the Job is Terminated Due to Retirement?

If the employee has at least 1 year of seniority at the workplace, the severance and, if any, all related entitled amounts must be paid when terminating the job due to retirement.

With the employee's approval (by agreement), this payment can also be paid in installments, or another payment date can be determined together with a written approval with the employee (The severance must be on the last payroll / termination payroll due to retirement).

10. How Will the Annual Leave Entitlement Be Calculated for the Employees Who Will Be Re-hired After Retirement Application?

In case of terminating the job due to retirement, the entire annual leave balance amounts must be paid.

There are different Judicial decisions on whether the seniority / duration of the previous period will be taken into account when determining the annual leave periods / entitlement of the employees who are re-hired after the retirement application. Some decisions state that the previous term's working period should be taken into account on determining the annual leave period / entitlement, and some of the decisions state that the new term (after re-hire) should be considered as a new employment and the previous term / seniority (before retirement) should not be taken into account on the annual leave period / entitlement determination.

You can reach the related Law via the link (In Turkish).

Should you have any queries or need further details, please contact your customer representative.