Automatic deductions from pension payments have begun

Following a legal regulation, the Social Security Institution (SGK) has established the implementation principles for collecting certain SGK debts from pension income and payments. In the new period, deductions can be made from monthly payments for specific debt items without initiating enforcement proceedings and without seeking the separate consent of the beneficiary.

The regulation provides for the direct collection of past premium debts of individuals receiving income or pensions from the SGK, as well as certain debts arising from the insured person that form the basis for the pension. Although the legal deduction rate can be up to a maximum of 25 percent, it was stated that the standard deduction rate in practice will be kept at the 10 percent level.

WHOSE PENSIONS ARE SUBJECT TO DEDUCTION?

According to information provided by social security expert İsa Karakaş, the application covers those receiving permanent incapacity income due to work accidents or occupational diseases, as well as those receiving old-age, disability, duty disability, and survivor pensions.

Pensioners who incur General Health Insurance (GSS) premium debts after their pension has been granted will also fall within the scope of the deductions. Past premium debts belonging to the deceased person can also be collected from the survivor pensions granted to beneficiaries such as the spouse, children, mother, and father of insured persons who passed away while working.

If the person receiving a survivor pension as a beneficiary has their own SGK debt, the deduction will be made from their own pension. In cases where multiple pensions are received, a 10 percent deduction can be applied to each pension separately. However, deductions cannot be made from the other salaries of the debtor's relatives who are not beneficiaries.

Income and pensions subject to deduction include permanent incapacity income, survivor income, old-age pension, disability pension, duty disability pension, and survivor pension.

WHICH DEBTS WILL BE COLLECTED WITH PRIORITY?

Within the scope of the regulation, General Health Insurance (GSS) premium debts are at the top of the list. Following this, debts related to old voluntary, community, and agricultural insurance under 4/1-a; debts related to Additional 5 and Additional 6 insurance; mandatory Bağ-Kur insurance debts under 4/1-b; and debts arising from Emekli Sandığı (Retirement Fund) borrowings, service continuation, and adjustment corrections under 4/1-c will be taken into account.

If there is more than one debt, the process will start with the oldest debt that has not yet expired. In the order of debt, GSS will be processed first, followed by voluntary and agricultural insurance, then 4/1-b debts, and finally 4/1-c debts. Alimony debts will be evaluated before SGK receivables.

It was reported that if there is a debt arising from an overpayment or erroneous payment by the SGK, this amount will be collected first; subsequently, deductions will be applied for other premium debts. If multiple types of debt are detected at the same time, the deduction processes can be carried out simultaneously.

Some payments have been excluded from the scope of the application. SGK debt deductions will not be made from pensions granted to successful athletes, payments made for damages arising from terrorism and the fight against terrorism, and honorary pensions whose costs are covered by the Treasury.

Beneficiaries will have the right to object to the deductions made. Applications regarding GSS premium debts can be made to the provincial social security directorate or the relevant social security center where the person's last place of residence is located. For other premium debts, the application will be made to the SGK unit where the debt file is located. If the objection is rejected, the judicial path will be open.

News Source: 12punto