The state will reclaim overpaid funds from civil servants

Principles regarding the tracking and collection of excess and undue payments made to public officials have been established.

The General Communiqué of the General Directorate of Accounting of the Ministry of Treasury and Finance (Recovery of Excess or Undue Monthly Payments) has been published in the Official Gazette and has entered into force.

Accordingly, excess monthly payments made due to reasons such as incorrect or undue payments will be reclaimed from public officials.

The spending unit will send the documents related to the determination to the authorized unit within 15 business days from the date the excess payment is detected or the document regarding the determination reaches it, for the tracking and collection of the receivable.

INTEREST WILL BE CHARGED

Undue payments will be collected from public officials with interest within the statute of limitations according to general provisions. For those who receive their full monthly salary and leave their position after the beginning of the month, the portion of the salary paid in advance for the period not worked will be reclaimed.

THOSE ON UNPAID LEAVE

Individuals will not be charged for general health insurance premiums for the period not worked for those considered to be on unpaid leave from their institutions, and no refund request will be made to the Social Security Institution (SGK).

For those whose civil service has ended, the portion of the general health insurance premium paid to the SGK for the period not worked will be recorded as a debt, and these amounts will be collected from the public officials.

VOLUNTARY PAYMENT AND TRACKING

In receivables arising from excess or undue monthly payments made to public officials, if the interest amount has not been determined by contract, the payment will be made at an annual rate of 12 percent. The debtor will be in default upon the creditor's notice.

Until the spending unit notifies the unit authorized for tracking and collection regarding the detected excess or undue monthly payment, the receivable in question may be paid voluntarily by the public officials. If it is not paid voluntarily, a receivable tracking file will be opened by the authorized unit based on the documents sent by the spending unit, and it will be notified to the accounting unit within 5 business days to be recorded as a debt in the name of the relevant person.

WHAT HAS CHANGED?

Previously, false declaration, fraud, or error was required for the recovery of excess and undue payments. If these were not present, the money could not be reclaimed after 60 days from the date the payment was made.

PAYMENT IN TL FOR FOREIGN CURRENCY

On the other hand, the General Communiqué of the General Directorate of Accounting, which includes the arrangement of a commitment bond and a joint and several surety bond with valid signatures for those sent abroad by public administrations, has also been published in the Official Gazette and has entered into force.

With the communiqué, the procedures and principles regarding the arrangement of the said bonds to be taken from those sent abroad for 3 months or more for reasons such as studying, being trained, being educated, improving their knowledge, doing an internship, or being temporarily assigned for similar reasons in accordance with Presidential decrees have been determined.

Accordingly, those who violate their obligations will pay the expenses incurred for them in "Turkish Lira," with interest, based on the effective selling rate determined and announced by the Central Bank of the Republic of Turkey (TCMB) on the date of collection of the debt in foreign currency.

INSTALLMENTS UP TO 5 YEARS

Receivables within the scope of the communiqué may be paid in installments for up to a maximum of 5 years, taking into account the calculated debt amount, the status of the person concerned, and the amount to be paid.