Constitutional Court annuls: Bad news for retirees working in foundations

The Constitutional Court (AYM) has annulled the rule stipulating that the retirement and old-age pensions of individuals serving in the Turkish Maarif Foundation, Yunus Emre Foundation, Turkish Red Crescent Society, Green Crescent Society, Green Crescent Foundation, Antalya Diplomacy Forum Foundation, and the Turkish Archaeology and Cultural Heritage Foundation would not be suspended.

The High Court's decision was published in the Official Gazette.

Accordingly, the AYM ruled on applications requesting the annulment of certain provisions of Law No. 7346 on Amendments to Certain Laws, Law No. 7430 on the Antalya Diplomacy Forum Foundation, and Law No. 7439 on the Turkish Archaeology and Cultural Heritage Foundation.

The High Court annulled the rule providing that those receiving retirement or old-age pensions would not have their pensions suspended if they held positions in the Turkish Maarif Foundation, Yunus Emre Foundation, Turkish Red Crescent Society, Green Crescent Society, Green Crescent Foundation, Antalya Diplomacy Forum Foundation, and the Turkish Archaeology and Cultural Heritage Foundation.

The decision stated that, in order to increase the employment of the young population in institutions and organizations, it is provided by law that individuals who have been granted old-age or retirement pensions cannot benefit from these pensions during the period they work if they are re-employed in these institutions and organizations.

The decision noted that the differential treatment provided between those working in the organizations subject to the annulment case and those working in administrations, institutions, or organizations operating in similar fields violates the principle of equality in the context of the right to social security, as it does not rely on an objective and reasonable basis.

FINANCIAL EXPENDITURE DECISION REGARDING TWO FOUNDATIONS

The AYM also found the rule stipulating that payments and per diems to be made by the Antalya Diplomacy Forum Foundation and the Turkish Archaeology and Cultural Heritage Foundation be determined by the board of trustees to be unconstitutional and annulled it.

The decision stated that since the board of trustees could determine the amount of wages and per diems to be paid using public resources without being bound by any principle, it is understood that the foundation's use of public resources in accordance with the public interest is not guaranteed.

The High Court also annulled the regulation regarding the transfer of resources by the Gaziantep Metropolitan Municipality to the Turkish Archaeology and Cultural Heritage Foundation to be used for the expenses of the Turkish Archaeology and Cultural Heritage Institute, on the grounds that it is incompatible with the principle of financial autonomy of local governments.