The regulations regarding the Retirement Age Victims ("EYT") have been expected to be enacted for a long time. In this respect, the Law on the Amendment of the Social Security and General Health Insurance Law and the Decree Law No. 375 ("Law") entered into force by being published in the Official Gazette dated 03.03.2023 and numbered 32121.
Pursuant to the Provisional Article 95 added to the Social Security and General Health Insurance Law No. 5510 by Law, those who will be granted old-age or retirement pension according to the relevant provisions of the Law of Social Security, the Law on Tradesmen and Craftsmen and Other Self Employees Social Insurance Institution, the Law on Social Insurance for Agricultural Employees and the Law on the Republic of Turkey Pension Fund are entitled to benefit from old-age or retirement pension if they meet the other conditions other than age. Accordingly, employees who were insured before 8 September 1999 and who have completed 20 years of insurance for women and 25 years of insurance for men can retire without waiting to meet the age criterion as a result of the regulation, if they complete the premium day requirements ranging from 5000 to 5975 days. For Social Security Organization for the Self-Employees and Government Pension Fund, persons who meet the conditions of 9,000 premium days and 25 years of the insurance period for men and 7,200 premium days and 20 years of the insurance period for women will be able to apply for retirement. In accordance with the relevant regulation, no retroactive payment shall be made and no retroactive rights shall be claimed.
In the second paragraph of Provisional Article 95, an important incentive arrangement has been made for employers. In this context, in accordance with this amendment, if those who are granted an old-age or retirement pension for the first time by requesting an old-age or retirement pension and given notice of resignation due to the request for old-age 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 five points of the portion of the social security support premium to be paid by the employer shall be covered by the State Treasury.
The Law has also been abolished the regulations mandating the termination of employment contracts by public institutions and organisations. In this way, employees who are transferred from subcontractors to staff in public institutions and organisations shall not necessarily retire.
The Law consists of 4 articles entered into force on the date of publication. As of 03.03.2023, which is the effective date, EYT beneficiaries shall be able to apply for retirement and pension via https://www.turkiye.gov.tr/ or by applying directly to the Social Security Institution.
You may access the full text of Law by this link.