SAFAKNA TURKEY – After the law on the retirement age was published in the Official Gazette on March 3, 2023, those who started working as insured before September 8, 1999, who fulfilled the pension conditions beyond the age, began to apply for a pension. Although it is possible to apply through e-government, most people prefer to apply through social welfare centers. There are many questions on issues that fluctuate between workers and employers.
WILL THE PENSION START ON THE DATE SPECIFIED ON THE APPLICATION?
The pensions of those who apply for a pension in March will be effective from April 1. In accordance with Article 30 of the Law on Social and General Health Insurance No. 5510, entitled “Starting and Terminating the Payment of Old Age Pension”, 4A (SSK) and 4B (BAĞ-KUR) insurers are entitled to old-age pension starting from the beginning of the month following the date on which the application for retirement was submitted. Persons subject to 4C (Pension Fund) are assigned a pension effective from the beginning of the month following the date of termination from employment, after approval of the pension referral received from the competent authority. Accordingly, it does not matter whether the application for retirement is submitted on March 1 or March 31. Pension for all those who filed a petition in March will be granted from April 1.
IS IT MANDATORY TO SPELL “MAY BE LAG”?
The employer is obliged to pay severance pay upon termination of the employment contract with persons who continue to work in connection with retirement. In order to understand whether an employee is truly eligible for a pension, the employer previously contacted the Social Security Administration with a request to receive a letter “You can retire.” SGK has announced that it will not be issuing a letter given the intensity of pension applications. Instead, he asked the employee and employer to determine whether the conditions for retirement will be met by making inquiries from e-government through the Registration and Maintenance SGC, Social Security Registration Document, and Working Life services. . In the 4A Enrollment Retirement Information section of the request screen, next to the lines for the number of insurance days and the insurance period, “remaining bonus days 0 days” and “remaining period 0 days” should be written.
Zero remaining days and time means that the conditions for the insurance day and insurance period required for retirement are met.
WHEN SHOULD EAT STOP WORKING IN THE SAME JOB AND SHOULD BE RELEASED?
Employers will follow normal retirement procedures in the process of laying off those covered by EYT. Code 8 will be used for dismissal. If an employee’s notice of termination is given with code 8 and the employee requests a distribution on the same day, the employee may continue to work without interruption by giving Social Security notice the next day. The employee’s pension also starts from the beginning of the month following the application.
Accordingly, the process of dismissal of employees who will continue to work at their previous job can be carried out on any day of the month or on the last day of the month. In the case of leaving work on the last day of the month, the employee must apply for dismissal on the same day, and from April 1, re-employment must be subject to SGDP. An employee terminated on March 15 may also be hired the following day, subject to SGDP compliance, after submitting a resignation letter on the same day. What is important here is that the dismissal is reported by the code (8).
WHEN DOES THE 30-DAY TIME FOR THE 5 BONUS DISCOUNT BEGIN?
If EYT members start working in the same job within 30 days of retirement, there will be a 5 point reduction in Social Security contributions. A five-point deduction will be applied to the employee’s gross salary. There will be a reduction in the premium of TL 500.40 for a minimum wage worker and TL 3,753 for a worker above the ceiling.
To take advantage of the five-point premium discount, the 30-day commencement condition begins on the day the employee leaves.
IS 3 YEARS BEFORE MAY 23, 2002 IN THE PENSION FUND AND BAG-KUR MANDATORY?
Anyone who began working as an insured person in any status prior to September 8, 1999 is considered an EYT holder. Accordingly, the number of insurance days as of May 23, 2002 for those who started working before September 8, 1999 and were insured by the Pension Fund and BAĞ-KUR will not be taken into account. Pension fund members and BAĞ-KUR members who began working as insured prior to September 8, 1999, in any status, will be able to retire under the EYT regulation if they complete 7,200 days of bonus days for women and 9,000 days of bonus days for men.
For example, if a person with an SSK entry in July 1999 started working as a government employee or trader, they can retire provided they complete 7,200 days for women and 9,000 days for men.
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