EYT members wonder when they will petition to retire, when they will receive their first salary, and what are the rights of those who continue to work. 22 questions and answers that EYT members are most curious about
1- How was the pension system in Turkey before 1999?
Men who turned 4447 years old just before the Law No. 43 came into force; During his 25-year insurance service period, he was retiring from SSK with 5.000 days and from Bag-Kur and Retirement Fund with 9.000 days. Women, on the other hand, could retire from SSK with 38 days, and from Bağ-Kur and Emekli Sandigi with 20 days, within a 5.000-year insurance period, if they were 7.200 years old.
2- What are the documents that must be obtained from the workplace and SSI while retiring under EYT?
According to the Labor Law, leaving the job for retirement is a just cause for termination in favor of the worker and creates the right to severance pay. Employees who have worked for more than 1 year in the last workplace can receive severance pay. In addition, there is no obligation to close the workplace for those who have retired from Bağ-Kur. Those who will retire from SSK can leave SGK by getting a "Retired" letter. Retirement applications made before leaving the job are considered invalid. Those who resign with the letter "He will retire" can apply for retirement with a certificate of resignation to be given by the workplace. Those who follow this path will both fulfill their responsibilities to the workplace and SGK, and their right to severance pay remains reserved. With the newly adopted law, those who retire within the scope of EYT can continue to work after retirement.
3- How can a pension application be made within the scope of EYT?
pension application;
● By making a written request to SGK,
● via e-government,
● By sending the pension application form to APS, registered and return receipt, via PTT
can be done in three ways.
In written applications, the signature section must be filled in. Those who are illiterate can fill out the retirement application form with a seal and fingerprint. Empty written applications will not be considered. Employees in public institutions can start the retirement process by applying to the Human Resources (HR) unit or trustee of the institution they are affiliated with.
4- Can EYT members, who have taken insurance before 1999 and filled the insurance period or premium deficiency in the coming years, can retire?
According to the Law No. 03.03.2023, which entered into force on 7438, those whose insurance entries are on 08.09.1999 and before, even if they have not completed the compulsory service period and the required number of days, can retire if there is no other law change on the date they complete it.
5- Can the insured with missing days complete the missing day by borrowing premiums?
Yes, he can complete it. According to the Law No. 5510, which is currently in force, missing periods can be completed by borrowing. It is possible to borrow under the conditions specified in the military service, birth, foreign borrowing and Article 5510 of the Law No. 41.
6- Will the salary of those who retire under EYT be low?
No different salary calculation method will be applied to those who retire within the scope of EYT. In addition, salaries and updates will be calculated with the pension calculation method specified in the Social Insurance and General Health Insurance Law No. 2008, which entered into force in 5510. No distinction will be made between those who retired from EYT or under normal conditions in 2008 and later. Since the base monthly application for 2023 is 5.500 TL, the salaries of those below 5.500 TL will be completed to 5.500 TL.
7- Will women and men insured retire under the same conditions?
He will not retire under the same conditions. Compulsory service period is 20 years for women and 25 years for men. Bag-Kur and Retirement Fund premium day is 7.200 for women and 9.000 for men.
8- What is the effect of military service and debt within the scope of EYT?
The long-term military service of the graduates of the college is considered as a civil service and is considered as insured. However, the insured persons who do their military service as privates and non-commissioned officers may receive a premium day with their military service debt. The law clearly states that military service debt and insurance entry will not go back to the military service date. If the military service is done before the first SGK entry, it carries the insurance entry back as much as the borrowed period. In this case, if a person who did his military service for 18 months started to work for the first time on 08.03.2001, and he did his military service before entering the SGK, the 18-month military debt of 08.03.2001 is brought back to 18 for 08.09.1999 months. Thus, the person is considered within the scope of EYT. Since military service and debt contribute to the compulsory service period, as well as to complete the missing day, the service premium increases as much as the period to be borrowed. For example, a person who had an insurance start on 01.03.2001 but did military service for 1992 months between 1994-18, even though he made military debt and paid it, his first insurance entry is not considered to be 1992, the date when his military service started; The first SGK entry comes back as much as the military service period. Since military service is 18 months, the first insurance entry is accepted as 01.03.2001 by going back 18 months from 01.09.1999 and the person is covered by EYT. If the military service period of the same person was 15 months and the first insurance entry was 01.03.2001 months back from 15, the military debt would not contribute to EYT since the insurance entry would be moved back until 01.12.1999.
Since military service debt does not affect the insurance period in the Civil Servants Law No. 5434, civil servants cannot benefit from military service debt in accordance with the current legislation. Employees from SSK and Bağ-Kur can benefit from military debt.
9- What is the effect of birth debt within the scope of EYT?
While maternity borrowing entered into force for the first time in 2008 and gives the right to borrow money for 2 children, it is possible to increase the number of premium days with the subsequent legal amendment, with 3 days of maternity borrowing for up to 2.160 children. The most important rule in terms of maternity debt is that it covers children born after the insured date. If there is a child born between the first premium payment and the apprenticeship and traineeship entry for mothers with only apprenticeship and traineeship entries, it is possible to withdraw the first premium payment date by making borrowings. In this case, if a mother who had an apprenticeship in 1993 had a child in 1997 and started to pay the first premium in 2000, she borrows 1997 days (720 years) from her child born in 2 and carries the first paid SGK entry 2000 days back from 720 to 1998. Thus, she is entitled to retire within the scope of EYT. However, no mother who does not have an apprenticeship or apprenticeship entry can withdraw her insurance entry by maternity debt.
10- Will those who owe Bag-Kur (4B) be able to retire?
In today's conditions, pensions cannot be paid until the debts that are in the nature of insurance premiums are paid. Bag-Kur debts also have the quality of insurance premium. According to Bağ-Kur laws, some debts and debt-related periods (before 30.04.2021) are erased, but if the remaining service is sufficient to retire (to revive), it is not owed. In terms of debts that cannot be erased, the applications made before the debt is fully paid are not taken into account, and the right to retire can be obtained from the date the debt is paid.
11- I can retire normally after six months, will it be beneficial for me if I wait and not retire from EYT?
In terms of the pension system, everyone who retires in 2023 will have the same rights. Therefore, there is no loss of salary. The retired person will receive regular salary increases and the number of floors according to the indicators applied in 2023. In terms of pension, it is possible for a high-paid employee to increase his salary as long as he continues to work.
12- Will those who retire with EYT be able to continue working in a workplace and will their pensions be affected if they work?
Private sector employees will be able to continue working, even if they retire. If they work, their pensions will not increase or decrease. The social security support premium (SGDP) deduction will be applied, while the wages they will receive for their work will decrease from the gross to the net. While SGDP does not have a positive or negative effect on the pension, it does not change the pension.
13- Even if they do not work in Turkey within the scope of EYT, can those who work abroad benefit from EYT?
It is possible for all individuals working abroad, as well as women who do not work, to borrow money for the period of their employment and residence abroad as Turkish citizens. Men can only borrow for the time they have worked, while women can only borrow for the time they reside outside of their work or even if they have no work. The periods of unemployment less than 1 year between two working periods are also considered as borrowing periods. Since all foreign borrowings are considered as Bag-Kur service with the law changed in 2019, those with a loan term of more than 2023 years and 23 months as of February 6, even if they do not have any work in Turkey, can borrow this period and retire under the scope of EYT. Those who have renounced their Turkish citizenship cannot borrow money for the time they worked or resided after they renounced their citizenship.
14- Is it possible to retire from SSK with 5.000 days under EYT?
The law, which entered into force on 08.09.1999, brought about two changes in terms of retirement. The first of these increased the staggered day from 5.000 days to 5.975 based on the entry date; second, it raised the retirement age from 38 for women and 43 for men to 58 for women and 60 for men.
According to the EYT Law No. 03.03.2023, which entered into force on 7438, no change was made on the premium day, only the age limit was abolished. In this case, in order to retire with 5.000 days, female employees must have SGK entries on or before 23.05.1985, and male employees on 23.11.1980 and before.
15- Can the Pension Fund and Bağ-Kur employees retire with 5.000 premium days?
In both the Bağ-Kur Law No. 1479 and the Pension Fund Law No. 5434, at least 08.09.1999 premium days for women and 7.200 premium days for men are required, as in the period before 9.000, in terms of the number of retirement premium payment days. In terms of Bağ-Kur and Retirement Fund, there is no such thing as equating the day condition with SSK in the EYT Law No. 7438.
16- Can those who have a previous Bag-Kur or civil service background prefer SSK to retire?
According to the Law No. 2829, it is possible to retire by combining all previous services (SSK, Bağ-Kur, Emekli Sandigi, Tarım SSK, Tarım Bağ-Kur). For those who have more than one job among these institutions, the last 7 years of insurance is checked according to the transitional provision. In the last 7 years, the most paid Bag-Kur and Retirement Fund is 7.200 days for women and 9.000 days for men. However, if you pass to SSK and work with SSK for 7 years, ie 3,5 months of the last 42 years, then it becomes possible to retire with a number of days between 5.000 and 5.975, based on the SSK conditions, considering the entry date.
17- How can those who have insurance before 08.09.1999 and who have missing days or missing service period retire?
According to Law No. 03.03.2023, which entered into force on 7438, no deadline has been set for those who will retire from EYT. In this case, the person who will complete the missing day, for example by working in 2 years, can retire after 7438 years if the Law No. 2 remains in effect. For example, in terms of mandatory service period of 25 years, if a male employee will complete his 25 years in 2024, he or she deserves retirement if the law is still in effect.
18- Is there any reduction in age limit for partial retirement with 3.600 and 5.400 days?
There was no change in the Law No. 3.600, which entered into force on 5.400 for partial retirement, which is 03.03.2023 days for SSK members and 7438 days for others. The partial retirement age requirement, which was 08.09.1999 for women and 50 for men before 55, will continue to apply today as 58 for women and 60 for men. The aforementioned law did not cause any change in this regard.
19- Will there be an advantage for themselves or their employers if those who retire under EYT with the new law continue to work after retirement?
There will be no advantage or disadvantage for the retired person. As long as the person continues to work, there will be no deduction from his pension, and his work will not cause an increase in his pension. In terms of employers, the 5-point premium reduction applied to active employees will also be reflected to retired employees. According to the Law No. 03.03.2023, which entered into force on 7438, employers will be able to benefit from a 1-point discount if retirees start working again within 30 month (5 days) from the workplace where they last worked and left for retirement.
20- What should be considered in order to accept applications within the scope of EYT with the new law?
• Those who are members of Bağ-Kur and continue to trade can apply for retirement without having to close their business. But the premium debts must be paid in full.
• For SSK employees, there is a condition to leave the job in order to retire. Those who leave the job and pay all their debts, including the general health insurance premium debts, can gain the right to retirement.
• Since the 15th of the month is accepted for civil servants, if the civil servants submit their retirement requests by the 14th of the month at the latest, they will be able to retire without losing their pension rights.
21- When will EYT members receive their first pension?
According to the social security legislation, the start of the first month is the first day of the month following the retirement application. In this case, SSK, Bağ-Kur members and public workers who apply for retirement on any day in March and public workers who receive their salary on the 1st of the month, as of April 1, and as of 15 March if they apply until the 14th of the month because they receive their salary on the 15th of the month. will be entitled to a salary.
22- Will EYT members get the 2023 Ramadan Feast bonus?
According to the Law No. 7438, those who have fulfilled all the other conditions except the age limit and who apply in March will be able to receive the holiday bonus since the monthly start will be on April 1 at the latest and the Ramadan Feast will be on April 21, 2023. However, those who do not apply until March 31, 2023 and leave their applications on or after April 1, 2023 for any reason (the deadline for public personnel is April 31, not March 14), will not receive the Ramadan Feast bonus.