Supreme Court ruling on retirement affects millions! That condition has been removed

The 10th Civil Chamber of the Supreme Court of Appeals has upheld a ruling in favor of a citizen who requested that only their premiums under the SSK (Social Insurance Institution) be taken into account for their retirement application. With this decision, it has been accepted that a plaintiff who has worked under different insurance statuses cannot be forced to consolidate their service periods if they meet the retirement conditions under 4/a, which is the SSK status.

According to the file, the plaintiff applied to the Social Security Institution (SGK) for an old-age pension allocation on June 26, 2021. Later, in an application made in June 2022, they stated that they were entitled to retirement if only the premium payment days under the SSK scope were considered. The SGK rejected this request.

Following this, the plaintiff applied to the judiciary, arguing that they were subject to the requirements of 25 years of insurance duration, 51 years of age, and 5,450 days of premium payments for retirement under the SSK insurance status. The plaintiff also demanded that the unpaid pensions be paid to them along with the interest that would accrue from the date they should have been paid.

The SGK, stating that its actions were in accordance with the legislation, requested the dismissal of the case.

COURT AND APPELLATE PROCESS

The Istanbul Anatolian 21st Labor Court, in its 2023 decision, deemed the plaintiff's June 2022 application valid. The court ruled that an old-age pension should be granted to the plaintiff as of July 1, 2022, which is the beginning of the month following the application. It also decided that the unpaid pensions should be paid with interest.

The regional court of justice, which reviewed the file upon the SGK's appeal, also concluded that the plaintiff could not be forced to consolidate their service. However, the interest start date was rearranged taking into account the SGK legislation.

After the SGK took the decision to the Supreme Court, the 10th Civil Chamber of the Supreme Court of Appeals upheld the appellate decision and rejected the institution's application.

As a result of the decision, an old-age pension will be granted to the plaintiff under 4/a starting from July 1, 2022. For the unpaid past pensions, legal interest will be applied from the dates determined by taking into account the SGK's three-month processing period.

The decision is noteworthy for insured individuals who have worked under different statuses such as SSK and Bağ-Kur but claim that they meet the retirement conditions solely with their premiums from a single status.