Supreme Court puts the brakes on SGK's pension deductions! Precedent-setting ruling issued

The deduction made from the pension of a retiree who won a reinstatement lawsuit after being fired but was not rehired by the employer has been overturned by the judiciary. The Court of Cassation ruled that a pension cannot be cut due to a notification in SGK records for a person who is not actually working, and ordered the reimbursement of the deductions made.

WON REINSTATEMENT LAWSUIT, WAS NOT REHIRED

After being dismissed from the factory where he worked, the retired worker filed a reinstatement lawsuit. Although the court accepted the case, the employer did not rehire the worker. Despite this, a notification was made to the Social Security Institution (SGK) stating that the worker had started the job.

SGK APPLIED DEDUCTIONS TO THE PENSION

Based on the notification, the SGK assessed that the retiree was actually working and made deductions from his pension. Upon this, the retired worker applied to the court, stating that the action was unlawful, and demanded that the deducted amounts be repaid by the SGK.

SAME RULING FROM LOCAL COURT AND APPEALS COURT

The Kırşehir 1st Civil Court of First Instance (Labor Court), which heard the case, canceled the SGK's deduction process and ordered the refund of the amounts deducted from the salary.

The SGK took the decision to the Ankara Regional Court of Justice 10th Civil Chamber. The appellate court rejected the institution's appeal and found the local court's decision to be appropriate.

THE SUPREME COURT HAD THE FINAL SAY

Following the appellate decision, the file came before the 10th Civil Chamber of the Court of Cassation. The SGK requested the reversal of the verdict, claiming that the action was in accordance with the law, that the decision was based on incomplete examination, and that there was an error regarding the attorney's fee.

The Court of Cassation stated that the wages paid to the worker and the insurance premiums deposited were evaluated within the scope of legal payments for the period during which he was not employed due to invalid termination. Therefore, it concluded that the process of cutting the pension and issuing a debt for the period in question was not in accordance with the law.

The Chamber rejected the SGK's appeal request and ordered the reimbursement of the deductions made from the retiree's salary. It was learned that the precedent-setting decision was issued on May 6, 2026.

News Source: 12punto