Supreme Court ruling on pensions to affect thousands! Only one pension will be paid

The long-debated practice of receiving double pensions has come to an end with a new ruling by the Supreme Court. From now on, the single pension option will be in effect for those who wish to receive benefits from both their deceased spouse and their father. This decision, which affects thousands of people who have filed claims, highlights a significant change in the retirement and social security system.

A woman filed a request with the Social Security Institution (SGK) for a second pension following the death of her father, who was a Bağ-Kur retiree, in addition to the widow's pension she was already receiving from the SSK. When the SGK did not approve the request, the matter was taken to court. The court of first instance upheld the SGK's decision. However, at the appellate stage, a ruling was issued in favor of the woman, stating that two separate pensions should be granted because the father's death occurred before 2008.

The SGK appealed this decision and took the case to the Supreme Court. Finally, the Supreme Court General Assembly of Civil Chambers announced its precedent-setting decision on the matter.

In its ruling, the Supreme Court emphasized that the legislation in effect at the time of the insured person's death and the date when the eligibility for benefits is determined must be taken into account. It was noted that the plaintiff was not entitled to an orphan's pension because she was married when her father passed away, and that this right only arose after her husband passed away following October 1, 2008. It was pointed out that under the Social Insurance and General Health Insurance Law No. 5510, which has been in effect since that date, it is not possible to be granted more than one death benefit.

In this case, those who are eligible for death benefits from both a spouse and a father are only granted the right to choose the higher of the two pensions. Thus, the practice of receiving two pensions simultaneously has been definitively ended by the Supreme Court's decision.

Former SGK Chief Inspector İsa Karakaş also evaluated the decision and stated: “The idea that 'my father passed away in the past, so my right is reserved' is not valid in every situation. The law in effect at the time when the conditions required for a second pension—such as becoming a widow or leaving a job—are met determines the pension to be received.” Karakaş pointed out that this decision is also important for the sustainability of the social security system.