The Law of Victims of Delayed Pension Age
The Law on the Amendment of the Law on Social Security and General Health Insurance and the Decree Law No. 375, publicly known as the Law of Victims of Delayed Pension Age (EYT Law) entered into force upon its publication in the Official Gazette dated March 3, 2023 and numbered 32121. With the EYT Law, provisional Article 95 was added to the Social Security and General Health Insurance Law No. 5510.
Pursuant to Article 95, those who were insured for the first time before 09.09.1999 will be entitled to retirement if they meet the conditions of insurance duration and number of premium days other than age.
Under the EYT Law, in order for the insured persons who fulfill the conditions to qualify for an old-age pension to be granted a pension, their employers must submit a notice of termination of employment and make an application to the Social Security Institution (SSI)
If an employee who terminates their employment relationship within the scope of the EYT Law and receives an old-age or pension for the first time starts working for the same employer within 30 days following the date of termination, 5 points of the employer’s share of the social security support premium are covered by the treasury. If the employment relationship with the employee who starts working in the same workplace after retirement is terminated again, this discount cannot be utilized likewise for the employee in question. The procedures and principles regarding the incentive shall be determined jointly by the Ministry of Labor and Social Security and the Ministry of Treasury and Finance.
In addition to all these, within the scope of the SSI announcement published on 03.03.2023, it is stated that the employers of employees who fulfill the conditions to qualify for old age pension do not need to obtain a “Retirement” letter from the SSI before submitting the notice of termination of employment. In the announcement, it was pointed out that insured persons can obtain information and documents on whether they meet the retirement conditions through the "SSI Registration and Service Transcript", "Social Security Registration Document" and "My Working Life" applications on the E-Government platform and the "When Will I Retire" application on the SSI website.
Pursuant to the SSI announcement, employers will be able to issue the notice of termination of their employees who have requested to benefit from the EYT Law based on the information and documents obtained through the e-Government platform and submitted in the annex of the resignation petition; they will only be able to request an official letter by directing employees whose services are in doubt to the SSI.
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