|
|
SOCIAL INSURANCE AND
UNIVERSAL HEALTH INSURANCE LAW Law Number : 5510 Date of Enactment :
31/5/2006 Published on Code :
Group: 5 Vol.: 45 Page: SECTION ONE Purpose, Scope and
Definitions Purpose ARTICLE 1 - The purpose of the present Law is to
insure the individuals in terms of social insurance and universal health insurance; to lay down
individuals who will benefit from such insurances and the rights to be granted,
conditions for benefiting from such rights, and the
methods of financing and covering; and to regulate the procedures and
principles regarding the execution of social
insurance and universal health insurance. Scope ARTICLE 2 - The present Law covers the individuals
to benefit from social insurance and universal health insurance, employers, health - care
service providers, real persons and any kind of public and private legal
artificial persons and other institutions and
organization not having legal personality in terms of the implementation of
this Law. Definitions ARTICLE 3 - For the purposes of this Law; 1) Ministry: shall mean
the Ministry of Labour and Social Security, 2) Institution: shall
mean Presidency of Social Security Institution, 3) Social insurances:
shall mean short and long term insurance branches, 4) Short term insurance
branches: shall mean work accident and occupational diseases, health and
maternity insurance branches, 5) Long term insurance
branches: shall mean invalidity, old - age and survivors insurance branches, 6) Insurance holder:
shall mean the individual, for whom premium should be paid or who should pay
premium in terms of short and/ or long term
insurance branches, 7) (Amended: 17/4/2008
- 5754/1st Art.) Right holder: shall mean the spouse, child, mother or father,
who becomes qualified to receive income or
pension or a lump payment, in case of death of the insurance holder or of
individuals who receive permanent incapacity
income or invalidity, duty disability or old – age pension, 8) Universal health
insurance: shall mean the insurance which ensures, first of all, maintenance of
health statuses of individuals, and the
financing of costs that arise in case the individuals experience health risks, 9) Universal health
insurance holder: shall mean the individuals listed in Article 60 of the
present Law, 10) (Amended:
17/4/2008 - 5754/1st Art.) Dependants: shall mean the following
individuals, who are not considered as insurance holders or are
not holders of voluntary insurance and who do not receive income or pension due
to their own insurances, in relation
with the universal health insurance holder excluding the numbers (1) and (2) of
item (c) of first paragraph of Article 60
of this Law; a) Spouse, b) unmarried children
under 18 years old; or under 20 years old if receiving education in high
schools or equivalents or candidate apprenticeship
and apprenticeship education laid down in Vocational Education Law number 3308
dated 5/6/1986 or vocational education in
enterprises; or under 25 years old if receiving higher education, and unmarried
children determined to be disabled as per the
present Law, independent of age, c) Mother and father,
whose livelihoods are determined to be covered by the insurance holder in
accordance with the criteria stipulated by the
Institution, 11) Service contract:
shall mean the service contract defined in Code of Obligations number 818 dated
22/4/1926 and work contract or service
contract defined in the labour legislation, 12) Wage: shall mean the
gross amount, which is payable hourly, daily, weekly, monthly and yearly, in
currency, continuously to the individuals who
are deemed to be insurance holders in accordance with items (a) and (c) of the
first paragraph of Article 4, 13) Minimum wage: shall
mean the monthly gross wage laid down for workers over the age of 16, as per
Labour Law number 4857 dated 22/5/2003, 14) (Amended:
17/4/2008 - 5754/1st Art.) Month: shall mean, for the insurance holders
under items (a) and (c) of the first paragraph of Article 4,
whose wages are payable on 15th of each month, the time period between 15th of
a month and the 15th of the next month, and
for other insurance holders, the time period between the 1st of the month and
the end of that month, and which is deemed to be
thirty days, 15) (Amended:
17/4/2008 - 5754/1st Art.) Year: shall mean, for the insurance holders
under items (a) and (c) of the first paragraph of Article 4,
whose wages are payable on 15th of each month, the time period between January
15th and the January 15th of the next year,
and for other insurance holders, the time period between the January 1st of a
year and December 31st of that year, and which is
deemed to be 360 days, 16) Income: shall mean
the continuous payment made to the insurance holder in case of work accident or
occupational disease or to the right holders
in case of death of the insurance holder, 17) (Amended:
17/4/2008 - 5754/1st Art.) Pension: shall mean invalidity, old - age and
survivors pensions and the continuous payment made
in case of duty disability, 18) Payment term: shall
mean the time period between the payment date and the next payment date of
income and pensions received as per this Law, 19) Agricultural
activity: shall mean getting vegetation, animal or fishery products, in one's
own property or in others' properties via
partnership or renting or in public locations, via sowing, planting, caring,
producing, raising and improving, or via directly using
nature, and/or storing, transporting or marketing of such products by the
producers, 20) (Amended:
17/4/2008 - 5754/1st Art.) Health Committee of the Institution: shall mean
the committees, consisting of physicians and/or
dentists authorized to determine the rates of loss of working power and loss of
earning power in occupation, status of premature
aging, loss of earning power in occupation in a manner not to be able to carry
out duties and degrees of invalidity, through
examining diagnosis in the reports to be prepared by health committees of the
health - care service providers authorized by the
Institution and the documents which constitute the basis of such diagnosis, 21) (Amended:
17/4/2008 - 5754/1st Art.) Public administrations: shall mean the public
administrations and public economic enterprises, stated in
item (a) of the first paragraph of Article 3 of Law Number 5018 on Public
Financial Management and Control dated 10/12/2003,
and their affiliated administrations, partnerships, organizations and
enterprises, and partnerships and enterprises, of which the
abovementioned institutions own more than 50% of the paid in capital and which
are not subject to Turkish Code of Commerce
and other public institutions which employ personnel in accordance with special
laws, 22) Health - care
service: shall mean the health - care products and services, financed in
accordance Article 63, to be provided to the universal health
insurance holders and their dependants, 23) Personal preventive
health - care service: shall mean the health services, financed on an
individual basis, with the purpose of protecting individuals
from diseases or maintaining their healthy status, 24) Family physician:
shall mean the physicians who are authorized as family physician by the
Ministry of Health and entered into contract with the
Institution, 25) Health - care service
provider: shall mean the real persons and public and private legal persons who
provide health - care services, and their
branches not having legal personality, 26) Contribution rate:
shall mean the amount payable by the universal health insurance holder or
his/her dependants in order to benefit from health -
care services, 27) Refugee and
Heimatlos: shall mean the individuals, who are accepted to be refugees or
heimatlos by the Ministry of Interior Affairs, 28) Capital value in
advance: shall mean the amount calculated by the Institution, considering the
age, probability of interruption and discount
rates to be determined by the Institution of the costs stated in the relevant
articles of this Law, 29) (Amended:
17/4/2008 - 5754/1st Art.) Updating coefficient: shall mean the value found
by adding the whole number (1) to the total of 100% of
the rate of change in the general index of consumer prices of the final basis
year declared by Turkish Statistics Institution
according to December of each year and 30% of the development rate of gross domestic
product with fixed prices, 30) (Appended:
17/4/2008 - 5754/1st Art.) Duty disability: shall mean the employment
and/or war veteran disability explained in Article 47
of this Law, 31) (Appended:
17/4/2008 - 5754/1st Art.) International social security agreements: shall
mean the social security agreements to which our
Country is a party.” (Appended paragraph:
17/4/2008 - 5754/1st Art.) In
the calculation of updating coefficient laid down in item (29) of this Article, where the rate
of change in the general index of consumer prices of the final basis year or
the development rate of gross domestic product with
fixed prices have negative values, the negative values shall be considered as
zero. SECTION TWO Social Insurance
Provisions PART ONE Provisions on Insurance
Holders Individuals deemed to be
insurance holders ARTICLE 4 - (Amended:
17/4/2008 - 5754/2nd Art.) For the purposes of
implementing short and long term insurance branches of this Law; a) Who are employed by
one or more employer through a service contract, b) Among the village and
quarter headmen and individuals working on his/her own name and account without
being bound by a service contract; 1) Who are income tax
payers in real or ordinary procedure due to commercial earnings or self -
employment income, 2) Who are exempt from
income tax and are registered to the registry of traders and artisans, 3) Associates of joint -
stock companies who members to board of directors, active partners of
commandite companies of which capitals are
divided into shares, all partners of other company and maritime joint -
adventures, 4) Who are active in
agricultural activities, c) In the public
administrations; 1) among the ones who are
not subject to item (a) of first paragraph of this Article, who are not foreseen
to be insurance holders, such as ones who
work permanently in permanent staff positions and are covered by item (a) in
their concerned laws, 2) among the ones who are
not subject to item (a) and (b) of first paragraph of this Article, who are not
foreseen to be insurance holders such as ones who
work on contract and are covered by item (a) in their concerned laws, and who
are assigned indirectly as proxy in accordance
with Article 86 of Public Servants Law number 657, shall be deemed insurance
holders. Provisions regarding the
individuals deemed to be insurance holders as per item (a) of the first
paragraph shall also be applicable to; a) individuals who are
elected to the presidencies and board of directors of labour unions and
confederations and union branches, b) cinema, theatre,
stage, show, voice and musical instrument artists and individuals active in
entire fine arts including music, painting, sculpture,
decorative and similar occupations, intellectuals and authors, who are employed
by one or more employer, c) foreigners who work on
service contract, excluding the citizens of countries with which international
social security contract is entered based on
reciprocity principle, d) individuals who are
employed based on Law number 4081 on Protection of Farmer Properties dated
2/7/1941, e) provisions laid down
in General Hygiene Law number 1593 dated 24/4/1930, f) individuals who are
employed as master teacher in courses organized by the Ministry of National
Education, who are charged with duty in
public administrations in return to course fee, and who are employed under item
(C) of Article 4 of Public Servants Law number 657. Provisions regarding the
individuals deemed to be insurance holders in accordance with item (b) of the
first paragraph shall also be applicable to
jockeys and trainers subject to Law Number 6132 on Horse Races dated 10/7/1953. Provisions regarding the
individuals deemed to be insurance holders as per item (c) of the first
paragraph shall also be applicable to; a) for the individuals who
are elected or assigned to duty in public administrations pursuant to
establishment or personnel laws or other laws, the ones
who are not working on service contract among ones, such as Public servants, to
whom retirement right is granted under the concerned
laws due to their such duties, b) Prime minister,
ministers, members to the Turkish Grand National Assembly, mayors, elected
members of the provincial council, c) of the individuals who
are under item (c) of the first paragraph and are elected to the presidencies
and boards of directors of the unions and
confederations and union branches established by such persons, the ones who are
on leave without pension, d) cadets attending to
military academies, faculties and high schools, either on account of Turkish
Armed Forces or on their own account, and
candidates who are receiving education in non-commissioned officer high schools
and basic military training to be commissioned as
non-commissioned officers, e) cadets who receive
education in Police Academies, faculties and high schools, attending on the
account of General Directorate of Police or
continue on the account of General Directorate of Police while attending on
his/her own account. The training periods of
drop - outs of schools stated in items (d) and (e) of paragraph four and of
individuals who complete the listed schools but quit
before taking up his/her duties shall not be counted in their insurance terms. The provisions of this
Law on short term insurance branches shall not be applicable to the insurance
holders under item (c) of first paragraph of this
Article as long as they are in this scope. Procedures and principles
on the implementation of this Article shall be regulated by the Regulation to
be issued by the Institution. Insurance holders to whom
certain insurance branches shall be applied ARTICLE 5 - Following are the insurance branches
applicable to the following individuals in terms of short and long term insurance branches: a) Work accident and
occupational disease and maternity insurances shall be applicable to convicts
and arrested individuals who are employed, but not
working on service contract, in facilities, workshops and similar units
established in the sentence execution institutions
and detention houses, and these shall be deemed to be insurance holders under
item (a) of the first paragraph of Article 4. b) (Amended: 17/4/2008
- 5754/3rd Art.) Work accident and occupational disease and health
insurance shall be applicable to candidate apprenticeship
and apprenticeship education laid down in Vocational Education Law number 3308
dated 5/6/1986; work accident and
occupational disease insurance shall be applicable to students who subject to
compulsory internship during their education in
vocational high schools or higher education and the individuals listed in this
item shall be deemed to be insurance holders under
item (a) of first paragraph of Article 4. c) (Amended: 17/4/2008
- 5754/3rd Art.) The pensions of individuals, among the war veterans and
disabled individuals to whom duty disability
pension is paid as per Law Number 3713 on Fighting Against Terrorism dated
12/4/1991 and Law Number 2330 on Granting
Compensation in Cash and Pension dated 3/11/1980, who start to work as an
insurance holder under items (a) and (b) of
first paragraph of Article 4, shall not be terminated. The pensions of the
disabled individuals who receive pension as per Law number
3713 and of privates and enlisted specialists who receive duty disability
pension due to incidents under the same Law shall
not be terminated even if they become insurance holders under item (c) of
paragraph one of Article 4. The provisions of long
term insurance branches shall be applicable on individuals working under item
(c) of first paragraph of Article 4 without loosing
their pensions, whereas work accident and occupational disease insurance
provisions shall be applicable to individuals
working under items (a) and (b) of first paragraph of Article accident and occupational
disease insurance provisions are applied, request to be subject to long term
insurance branches, long term insurance branches
shall also be applied to such individuals starting from the beginning of the
month following the date of notification of such
request to the Institution. Universal health insurance premiums shall not be
charged to individuals under this paragraph. d) (Abrogated:
17/4/2008 - 5754/3rd Art.) e) Trainees participating
in the profession learning, improving and changing courses organized by Turkish
Labour Institution shall be deemed to be
insurance holders under item (a) of first paragraph of Article 4 and work
accident and occupational disease insurance shall
be applicable to these individuals. f) (Abrogated:
17/4/2008 - 5754/3rd Art.) g) (Appended:
17/4/2008 - 5754/3rd Art.) Turkish workers, who are taken to work in abroad
work places by employers undertaking works in
countries not having social security contract with our country, shall be deemed
to be insurance holders under item (a) of first
paragraph of Article 4 and short term insurance branches and universal health
insurance provisions shall be applicable to such
individuals. In case such insurance holders request to be subject to long term
insurance branches, then voluntary insurance shall
applied to such individuals, without seeking the condition of legally residing
in Turkey as stated in second paragraph of
Article 50 and the conditions stipulated in item (a) of the same paragraph.
Universal health insurance premium shall not be
charged to the individuals benefiting voluntary insurance provisions under this
scope. Individuals not deemed to
be insurance holders ARTICLE 6 - For the purposes of implementing short
and long term insurance branches of this Law; a) Employer's spouse
working free - of - charge in his/her business place, b) Relatives up to third
degree, who live together in the same residence and work in the works carried
out in the residence where they live, without
having anybody else from outside, c) (Amended: 17/4/2008
- 5754/4th Art.) Individuals who work in home services (excluding charged
and permanent workers), d) Individuals who fulfil
their military obligations as privates and enlisted specialists, and cadets of
reserve officer schools, e) Individuals who are
sent to Turkey for a job by or on behalf of an organization established in a
foreign country and who document to be subject to
social insurance in the foreign country, and among the ones who work in Turkey
on his/her own name and account the
individuals who reside abroad and are subject to the social security
legislation of that country, f) Students who work in
applicative construction and production works carried out during actual normal
educational terms at official vocational
schools and schools of arts and at official vocational schools or schools of
arts and high schools established based on the permission
of authorized official authorities, g) Patients or disabled
individuals, who are being trained to work or rehabilitated by health - care
service providers, h) (Amended: 17/4/2008
- 5754/4th Art.) Among the individuals who should be deemed to be insurance
holder pursuant to items (b) and (c) of
first paragraph of Article 4, the ones who are not completed 18 years old. ý) Excluding public
authorities, among the individuals who are employed in temporary works on
service contract in agricultural works or forestry works
and who work independently on his/her own account, the ones who are active in
agricultural activities and who document that,
after deducting the costs of the activity, monthly average of their income from
agricultural activities is less than thirty times
the lower limit of daily earning subject to premium defined by Law, j) (Abrogated:
17/4/2008 - 5754/4th Art.) k) (Amended: 17/4/2008
- 5754/4th Art.) Among the individuals who work on their own names and
accounts and are exempt from income
tax and registered to the registry of traders and artisans, the ones who
document that, after deducting the costs of the
activity, the remaining amount of their monthly activity income is less than
thirty times the lower limit of daily earning subject to
premium, l) Among the contracted
Turkish citizen personnel, who are employed in the abroad representative
offices of public administrations and are
granted with the permanent residence permit in the country of representative
office or the citizenship of the said country, the
ones who document that they are insured in the social security institution of
the country they reside in or who are insured by the
employer with social insurance in the said country, in cases where the
contracted personnel employed in the abroad representative
offices of public administrations are under obligation due to international
social security conventions and to the relevant
legislation of the concerned country, (1) shall not be deemed to be
insurance holders pursuant to Articles 4 and 5. –––––––––––––– (1) The expression
"public order" present in this item of Article 4 of Law Number 5754 dated
17/4/2008 is amended as “relevant legislation” and is applied to the text. Regarding the application
of item (h), the condition to complete the age of 18 is not sought for
individuals who have completed a vocational or art
school and working in duties related with their education, provided that they
are made legally of age by court pursuant to the
provisions of Turkish Civil Code number 4721 dated 22/11/2001. The comment of Turkish
Union of Chambers of Agriculture shall be sought in applying item (ý) of the
first paragraph. Procedures and principles
on the implementation of this Article shall be regulated by the Regulation to
be issued by the Institution. The beginning of insured
status ARTICLE 7 - Insurance rights and obligations start
from; a) the date of the
beginning of work, vocational education or compulsory internship for the ones,
who are deemed to be insurance holders under
item (a), b) (Amended: 17/4/2008
- 5754/4th Art.) from the date of beginning of tax liability for
commandites and commandite partners of collective,
ordinary commandite companies and maritime joint - adventures from income tax
payers and sole proprietorships; from the
date of registry by the trade registry offices of the company for limited
liability company partners and commandite partners of
commandite companies with a capital divided into shares from capital companies;
from the date election to the board of
directors of the associates of joint - stock companies who are also member to
board of directors; from the date they are
registered to the registry of traders and artisans for the ones who are exempt
from income tax; for the ones who on his/her own name
and account in agriculture, in case their agricultural activities are notified
within one year by the relevant professional
organization established by law or by themselves, from the date they are
registered and in case notification is not made
within said period of time, then from the date they start working effectively
based on license document, among the ones deemed to
be insurance holders under item (b), c) (Amended: 17/4/2008
- 5754/4th Art.) from the date they start to duty or to education in
schools in items (d) and (e) of paragraph four of Article
4 of this Law for the ones who are deemed to be insurance holders under item
(c) of paragraph one of Article 4. For the execution of item
(b) of the first paragraph, comments of the concerned professional
organizations established by law shall be asked for the
registration and registry processes of the ones who are exempt from income tax
and who work on his/her own name and account in
agriculture. Notification and official
registration of insurance holder ARTICLE 8 - (Amended
first paragraph: 17/4/2008 - 5754/4th Art.) Employers are obliged to notify the Institution the individuals who are
deemed to be insurance holders under item (a) of paragraph one of Article 4,
with an insurance holder employment report, before
the date of insurance start indicated in item (a) of paragraph one of Article
7. However, in case the insurance holder
employment report is submitted by the employer to the Institution; a) at the latest on the
date of starting to work for insurance holders employed for workplaces of
construction, fishing and agriculture, b) at the latest up to
the end of one month time period from the date they start to work for insurance
holders who start working within one month from the
date on which the insurance holders are employed for the first time in the
workplaces which will submit the first
workplace report to the Institution and for the ones who are employed during
travel in the transportation vehicles which travel to
foreign countries, c) within month from the
date of starting to work of contracted personnel who are not subject to
unemployment insurance pursuant Unemployment
Insurance Law Number 4447 and are employed by public administrations or of
individuals who are employed by public
administrations in order to work in abroad duties, Then it is considered
that the submission is made before the start of insurance. Insurance holders shall
notify the Institution on the fact that they have started to work as an
insurance holder, within maximum one month from the date
they start to work. However, insurance holder not notifying himself/herself
shall not constitute evidence against to the
insurance holder. (Amended third paragraph:
17/4/2008 - 5754/6th Art.) The
concerned institution, organization or unions, tax offices and artisan registry offices,
which are carrying out enrolment or registration in accordance with their
legislation, are obliged to prepare and submit to the
Institution the insurance holder employment report, from the start of insurance
indicated in item (b) of paragraph one of
Article 7 for individuals deemed to be insurance holders under other numbers
excluding the ones listed in number (4) of item (b) of
paragraph one of Article 4, and from the date of registration to the
professional organizations established by law for
individuals deemed to be insurance holders under number (4). The notifications
listed in numbers (1), (2) and (3) of item (b) of
paragraph one of Article 4 shall be submitted within maximum 15 days and the
notifications listed in number (4) shall be
submitted within maximum one month. In addition, the insurance notifications of
the individuals listed in number (4) of item (b) of
paragraph one of Article 4 may be submitted by the individual himself/herself.
It is obligatory for the registering organization
to submit notification for the individuals indicated in paragraph three of
Article 4 within maximum one month from the date these
individuals start to work. The Institution shall notify the registered
individuals, within one month following such
notifications, that their insurance holder rights and obligations have started. (Abrogated fourth
paragraph: 17/4/2008 - 5754/6th Art.) (Amended fifth paragraph:
17/4/2008 - 5754/6th Art.) Employers
who will employ the individuals deemed to be insurance holders as per item (c),
paragraph one of Article 4 are obliged to notify the Institution, within
fifteen dates following the start of the insurance indicated
in item (c), paragraph one of Article 7, with an insurance holder employment
report, for the individuals who they employ for the
first time or re - employ under this scope. No notification shall be submitted
for transfer appointments and charging with duties
between different units of the same public administration. (Abrogated sixth
paragraph: 17/4/2008 - 5754/6th Art.) Public administrations
and banks, utilizing the infrastructure to be provided by the Institution, are
obliged, for the transactions to be determined by the
Institution, to control whether the individuals about whom they make
transactions are registered or not in terms of insurance,
and to notify the Institution about the individuals determined not to be
insurance holders. Administrative fine shall
be applicable in accordance with provisions of Article 102 for the concerned
parties not fulfilling the obligations stated in
other paragraphs excluding paragraphs two and five of the present Article. Format and content of the
insurance holder employment report, the method for submitting the report, and
other procedures and principles for the
execution of this Article shall be regulated by the regulations to be issued by
the Institution. Termination of the
insurance ARTICLE 9 - As for short and long term insurance
branches, the insurance shall be terminated; a) from the date of
termination of service contract for the insurance holders under item (a) of
paragraph one of Article 4, b) for the insurance
holders under item (b) of paragraph one of Article 4; 1) from the date termination
of the activities requiring obligation for income tax payers, 2) (Amended: 17/4/2008
- 5754/7th Art.) from the date on which registry of traders and artisans is
cancelled or is under item (k) of paragraph one of
Article 6 for individuals exempt from income tax, 3) (Amended: 17/4/2008
- 5754/7th Art.) among the individuals under number (3) of paragraph one of
Article 4, from the date of termination of tax
obligation for the commandites and commandite partners of collective, ordinary
commandite firms of sole proprietorships, and
partners of maritime joint - adventures, from the date of cancellation of
company from the trade registry office for commandite
partners of commandite companies having capital divided into shares, from the
date of decision of board of partners on share
transfer for the insurance holders who transfer all of their shares in limited
liability companies, from the date of termination of
membership to board of directors for partners who are members to board of
directors in the joint - stock companies, for the
companies in bankruptcy or liquidation status or in dissolved status, in case
the partner requests, from the date of decision by court
on opening bankruptcy, liquidation or of board of partners on commencing
liquidation or on the dissolved status of the
company, in case the partners do not request, from the date of court decision
on closing the bankruptcy, and for the partners of
the companies of which liquidation is finalized, from the date on which the
decision of liquidation board is registered by the
trade registry office, 4) (Abrogated:
17/4/2008 - 5754/7th Art.) 5) for the individuals
who work on their own names and accounts in agriculture, from the date on which
the agricultural activity terminates or
the individual is under item (ý) of the first paragraph of Article 6, 6) for village and
quarter headmen, from the date of termination of the headman duty, 7) for individuals
residing in a foreign country, from the date on which the individual starts to
work as an insurance holder under the legislation of
the said country or depending on the basis of residence, from the date the
individual is included in the social security system of
the said country, 8) (Amended: 17/4/2008
- 5754/7th Art.) among the partners of the companies in bankruptcy or
liquidation status or dissolved status under number (3),
the individuals who start to work under item (a) of paragraph one of Article 4,
from the date of starting to work, 9) among the village and
quarter headmen, excluding the individuals having income tax obligation due to
their works on their own names and accounts,
the individuals who also work on service contract, from the date of starting to
work, 10) (Amended:
17/4/2008 - 5754/7th Art.) among the individuals who are exempt from income
tax but are deemed to be insurance holders under
item (b) of paragraph one of Article 4 based on registry of traders and
artisans, the individuals who work on service contract
while their insurances are in effect, from the date of starting to work, c) for the individuals
deemed to be insurance holders under item (c) of paragraph one of Article 4; 1) (Amended: 17/4/2008
- 5754/7th Art.) in cases of death or which require putting on pension,
from the date of termination of pension, in cases of
age limits stipulated in Article 40 of Law Number 5434 of 8/6/1949 and in case
the health leave periods are used, from the
beginning of the month following the termination of such periods or limits, 2) (Amended: 17/4/2008
- 5754/7th Art.) in other cases, from the date of quitting the duty, d) for the individuals
subject to certain insurance branches as per Article 5, from the end date of
the status which require such individuals are deemed to
be insurance holders, e) among the individuals
under item (l) of paragraph one of Article 6, for the individuals who are
connected to the social security institution of
the country they work in and who prefer such application under the scope of
international social security conventions, from the
date they are insured, However, in cases of execution
of provisions on diseases or maternity, the insurance status shall be deemed to
be lost starting from the thirtieth day
following; a) in cases where the
insurance holder is on unpaid leave, participates in strike or the employer
announces lockout pursuant to the relevant laws, the
date on which such statuses end, b) the dates stated in
the first paragraph in other cases. The Institution shall be
notified, within maximum ten days, about the statuses of the individuals whose
insurances are terminated as per items
(a), (c) and (d) of paragraph one by the employer, and about the statuses of
the individuals terminated in manners stated in item
(b) by the individuals themselves and by the organizations or tax offices which
are informed about the termination of the
activity stated in the said item. Such individuals not fulfilling their
obligation towards professional organizations or tax
offices shall not hinder submitting the document or information on the
termination of the insurance. The notifications of termination
of insurance of the individuals whose insurance is terminated pursuant to item
(e) of paragraph one and of the insurance
holders who are notified in accordance with item (c) of paragraph one of
Article 8 shall be submitted to the Institution within
three months. Procedures and principles
on the implementation of this Article shall be regulated by the Regulation to
be issued by the Institution. Temporary presence in
foreign countries of insurance holders due to business purposes ARTICLE 10 - In cases where the insurance holders
listed in item (a) of paragraph one of Article 4 are sent by the employer to a foreign country on
temporary duty, the insurance holders listed in item (c) are sent to abroad in
accordance with the procedure stipulated
in their legislations or the insurance holders listed in item (b) are present
in a foreign country due to work subject to
insurance, the rights and obligations of such insurance holders and employers
related with social insurance shall continue as long as
such duties are fulfilled. (Abrogated second
paragraph: 17/4/2008 - 5754/67th Art.) PART TWO Provisions on Workplaces
and Employers Workplace, notification,
transfer, succession and transportation of workplace ARTICLE 11 - Workplace is the place where the insurance
holders carry out their works together with the material and immaterial elements. Places which have
connection in terms of goods produced or services provided at the workplace or
of quality and which are organized under the same
management, resting, nursing, dining, sleeping, examination and maintenance,
body or profession training places, other
additions such as courts o offices and the vehicles shall be considered to be
included in the workplace. The employer is obliged
to submit the Institution the workplace notification, of which sample shall be
prepared by the Institution, at the
latest on the date the insurance holder starts working. The employers who
submit the trade registry offices the number of insurance
holders to be employed and their employment dates at the establishment stage of
the company shall be deemed to have made such
notifications to the Institution. Trade registry offices are obliged to notify
the Institution about such notifications submitted
to them, within maximum ten days. In cases where the
companies subject to the provisions of Turkish Trade Law Number 6762 of
29/6/1956 change their types, merge or partakes in
another company, the date of announcement of these issues regarding the
registration in the trade registry should be communicated to
the Institution, together with the workplace notification, and in case of
admitting a new partner in the ordinary companies,
within maximum ten days following the accession of the new partner. In case the workplace is
moved to an address in a province other than the province where the workplace
is active or the business or workplace
where insurance holders are employed is transferred to or succeeded by another
employer, the new employer is obliged to
notify the Institution about the transfer of the workplace within ten days
following the transfer of the business or workplace, or
in case the workplace is transferred through inheritance, then the inheritors
are obliged to do the same within maximum three
months following the date of death. In case the workplace is moved to another
address which is included in the area of
duty of another unit of the Institution within the same province, then
communicating the address change in written shall be
sufficient. The insurance rights and obligations of the insurance holders
working at such workplaces shall continue. Governor's offices,
municipalities and other public or private legal entities authorized to grant
licenses are obliged to inform the Institution about
information and documents regarding construction permits and all other licenses
or transactions similar to the qualities of a license
and, if any, information regarding the employment which constitute a basis for
granting such, within maximum one month
following the date of issue. Administrative fine shall
be applied in accordance with item (b) of paragraph one of Article 102 for who
do not fulfil the obligations stipulated in
this Article. Administrative fine application shall not hinder fulfilling such
obligations. The sub - employer shall
notify the insurance holders employed at the workplace of the main employer
from the file in which the main employer is
registered, with a special number to be issued by the Institution, provided
that the contract entered with the employer is
presented. Not or late submission of
the workplace notification shall not abolish the rights and obligations laid
down in this Law. Procedures and principles
regarding the execution of this Article and the format and content of the
workplace notification shall be regulated by the
regulations to be issued by the Institution. Employer, employer's
agent, employer of a temporary business relationship and sub - employer ARTICLE 12 - Real and legal persons or institutions
and organizations not having a legal personality, which employ individuals deemed to be
insurance holders in accordance with items (a) and (c) of paragraph one of
Article 4, are employers. The person who carries
out the entire management duty of the business or the provided service, on the
name and account of the employer, is the
employer's agent. For the purposes of this Law, the term employer shall also
cover the employer's agent. The employer's agent and
employers of temporary business relationship defined in Labour Law number 4857
shall be collectively and jointly responsible
with the employer for the indicated obligations. The obligations of the
employers stipulated in this law shall be fulfilled by the labour unions and
confederations or the employer for the
individuals subject to item (a) of the second paragraph of Article 4, and by
the public administration or schools in which they
receive education for the individuals subject to paragraph four of Article 4.
(1) For the individuals
employed pursuant to Law number 4081 on Protection of Farmer Properties of
2/7/1941, the employer obligations stipulated in
this Law shall be fulfilled by the authority competent to employ such
individuals. 10 Employers of convicts and
arrested individuals who are employed in facilities, workshops and similar
units established in the sentence execution
institutions and detention houses is the Sentence Execution Institutions and
Detention Houses Work Houses Institution, and the
employer's agents are the responsible directors or chief administrators of the
Sentence Execution Institutions and
Detention Houses Work Houses Institution. The third person, who
takes work from an employer and employs the insurance holders charged with duty
for such work, at a business or a part or
addition of a business, in the goods or service production carried out at the
workplace, is called sub - employer. The insurance
holders, even if they are employed with the mediation of a third person and
entered into contract with them, are responsible
together with the sub - employer for the obligations this Law charges on the
employer. –––––––––––– (1) The term
"third" present in Article 65 and third paragraph of Article 12 of
Law Number 5754 of 17/4/2008 is amended as "fourth", the term "and
confederations" was appended following the term "labour unions"
in Article 66 of the same Law, and the amendments are applied to the text. PART THREE (1) Provisions of Short Term
Insurance to which Insurance Holders Working on Service Contract or Working on
behalf of Their Own Names and
Accounts are Subject Definition, notification
and investigation of work accident ARTICLE 13 - Work accident is the incident which
occurs; a) when the insurance
holder is at the workplace, b) (Amended: 17/4/2008
- 5754/8th Art.) due to the work carried out by the employer or by the
insurance holder if he/she is working on behalf of own
name and account, c) for an insurance
holder working under an employer, at times when he/she is not carrying out
his/her main work due to the reason that he/she is
sent on duty to another place out of the workplace, d) (Amended: 17/4/2008
- 5754/8th Art.) for a nursing female insurance holder under item (a) of
paragraph one of Article 4 of this Law, at times
allocated for nursing her child as per labour legislation, e) during insurance
holder's going to or coming from the place, where the work is carried out, on a
vehicle provided by the employer, and which
causes, immediate or delayed, physical or mental handicap in the insurance
holder. The work accident should
be communicated; a) by the employer
employing the insurance holders under item (a) of paragraph one of Article 4
and Article 5, immediately to the authorized police
forces of that location and within maximum three workdays following the
accident to the Institution, b) by the insurance
holder himself/herself under item (b), within three workdays following the date
on which his/her discomfort does not hinder to make
notification but not later than one month, c) (Abrogated:
17/4/2008 - 5754/8th Art.) (Amended paragraph:
17/4/2008 - 5754/8th Art.) with
a work accident or occupational disease, directly or via registered mail, to the Institution.
The time period stated in item (a)a of this paragraph shall commence following
the date of being informed about the work
accident, in case the work accident takes place at places out of employer's
control. In order to reach to a
decision whether to consider the incident notified to the Institution is a work
accident or not, an investigation may be
carried out, if necessary, by the officers of the Institution authorized with
inspection and control or by the labour inspectors of the
Ministry. If, at the end of such investigation, it is found out that the issues
notified in written are not true and that the
incident is not a work accident, then the payments made for this incident found
by the Institution to be inappropriate shall be
collected in accordance with the provision of Article 96, starting from the
date of payment, from the parties who submitted
false notification. Format and content of the
work accident and occupational disease report, the method for submitting the
report, and other procedures and principles
for the execution of this Article shall be regulated by the regulations to be
issued by the Institution. Definition, notification
and investigation of occupational disease ARTICLE 14 - Occupational disease refer to the
temporary or permanent disease, physical or mental handicapped status, caused by a reason
reiterated due to the quality of the work made or worked by the insurance
holder or by the working conditions. –––––––––––– (1) The title of this
part was “Short Term Insurance Provisions"; however it is amended by
Article 65 of Law Number 5754 of 17/4/2008 as applied in the text. It is obligatory to
determine that an occupational disease is developed in the insurance holder by
the Institution's Health Committee after; a) examining the health
committee report, and the medical documents the report is based on, prepared
duly by the providers of healthcare services
authorized by the Institution, b) if found necessary by
the Institution, examining the inspection reports, and other necessary
documents, which show the working conditions at the
workplace and the medical consequences based on this. Where the occupational
disease develops after quitting the work and is caused by the work in which the
individual has worked as an insurance holder,
for the insurance holder to use the rights provided in this Law, it is a must
that a time period stated in the regulation to be
issued by the Institution for this disease should not have passed between the
actual quitting of the work and the occurrence of the
disease. Individuals in such situation can apply to the Institution with
necessary documents. In cases where any occupational
disease is determined via clinical and laboratory findings and the leading
factor is found at the end of the examination carried
out at the workplace, even if the liability period in the occupational diseases
list is exceeded, the said disease may be considered
as an occupational disease, upon application of the Institution or the
concerned individual and upon approval of the Social
Security Health High Committee. The occupational disease
should be communicated; a) by the employer, who
learns or is informed that a occupational disease has developed in the
insurance holder for insurance holders in item (a) of
paragraph one of Article 4 and Article 5, (1) b) by the insurance
holder himself/herself for insurance holders under item (b) of paragraph one of
Article 4, within three workdays
starting from the date of being informed of such a situation, to the
Institution, with a work accident or occupational disease
notification. The expenses made by the Institution for such a situation or
temporary incapacity payments, if paid, shall be revoked
from the employer or the insurance holder under item (b) of paragraph one of
Article 4, who does not fulfil such obligation or
who has deliberately notified the written issues in a missing or false manner. It is possible to carry
out necessary investigations on notifications about occupational disease by the
officers of the Institution authorized with
inspection and control or by the labour inspectors of the Ministry. Which situations will be
considered as occupational disease, the format and content of the work accident
and occupational disease report, the
method for submitting the report, and other procedures and principles for the
execution of this Article shall be regulated by the
regulations to be issued by the Institution. Disputes that may arise on whether
to consider a disease other than the diseases listed
in the regulation as an occupational disease shall be decided on by the Social
Insurance Health High Committee. Sickness and maternity
status ARTICLE 15 - (Amended:
17/4/2008 - 5754/9th Art.) Sicknesses of the
insurance holder under items (a) and (b) of paragraph one of Article 4, other
than work accident or occupational disease and
which causes the incapacity to work in the individual are sickness statuses. Sickness and invalidity
statuses of a female insurance holder or spouse of a male insurance holder
under items (a) and (b) of paragraph one of Article holder who receives
pension, related with the pregnancy or maternity status, starting from the date
of pregnancy up to the first eight weeks or, in case
of multi delivery, up to the first ten weeks following delivery, shall be
considered as maternity status. –––––––––––– (1) The term "items
(a) and (c)" in Article 65 and in this paragraph of Law Number 5754 of
17/4/2008 is amended as "item (a)" and is applied to the text. Rights provided from work
accident, occupational disease, sickness and maternity insurance (1) ARTICLE 16 - (Amended:
17/4/2008 - 5754/10th Art.) Following are the rights
provided by work accident or occupational disease insurance: a) Giving daily temporary
incapacity allowance to the insurance holder during the period of temporary
incapacity to work. b) Putting the insurance
holder on permanent incapacity income. c) Putting on income the
right holders of the insurance holder who died due to work accident or
occupational disease. d) Giving marriage
bonuses to female children who were put on income. e) Giving funeral benefit
for the insurance holder died of work accident or occupational disease. Daily temporary
incapacity allowance shall be given to the insurance holder, during the
temporary incapacity period arising due to sickness or
maternity statuses, from the sickness and maternity insurance. Nursing benefit applicable
by the date of delivery, over the tariff determined by the Board of Directors
of the Institution and approved by the Minister,
shall be payable from the maternity insurance to the female insurance holder or
to the male insurance holder due to his not insured
spouse giving birth, and, among the insurance holders under item (a) and (b) of
paragraph one of Article 4 of this Law, to
the female insurance holder receiving income or pension or to the spouse of
male insurance holder receiving income or
pension due to own works, for each newborn, provided that the newborn lives. In order to pay nursing
benefit to a female insurance holder or to male insurance holder due to his
spouse giving birth; a) for the individuals
under item (a) of paragraph one of Article 4, notifying the minimum 120 days
short term insurance branches premium within
one year before the birth, b) for individuals under
item (b) of paragraph one of Article 4, depositing minimum 120 days short term
insurance branches premium within one year
before the birth and paying any kind of debts related with premiums, are
obligatory. If, among the insurance
holders who are granted with the right to receive nursing benefit, the
individuals whose insurance status is terminated as
per Article 9 have children within three hundred days starting from this date,
then female insurance holder or male insurance
holder whose spouse will benefit from maternity insurance shall receive nursing
benefit, provided that minimum 120 days premium
is paid within fifteen months before the date of birth. Daily earning to be held
subject to benefits and incomes (2) ARTICLE 17 - Daily earning to be used as basis in
the calculation of benefits or income to be granted in cases of sickness or maternity shall be
calculated by dividing the sum of earnings subject to premium to be calculated
pursuant to Article last three months in
twelve months before the date of work accident or birth or, in case of
occupational disease or sickness, the date on which the
temporary incapacity starts, divided by the number of days of paid premiums
subject to such earnings. (Abrogated final
sentence: 17/4/2008 - 5754/67th Art.) If an insurance holder,
who did not work in the twelve - month period and did not receive wage, suffer
from temporary incapacity due to work
accident or occupational disease in the month he/she starts to work, then the
daily earning used as basis in the calculation of
benefits or income to be granted shall be calculated by the sum of earnings
subject to premium obtained between the date of
starting to work and the starting date of temporary incapacity, divided by the
number of days worked, and if such person suffers
from work accident as of the starting date of work, then the daily earning of
an insurance holder working in the same or equivalent
work shall be used. In the calculation of the
daily earnings used for benefit or income of individuals deemed to be insurance
holders due to item (a) of paragraph one of
Article 4: a) If the premiums,
bonuses or similar temporary payments are considered, then the daily earning to
be used in benefits and income shall not be
greater than the amount found by adding 50% to the daily earning to be
calculated by dividing the wage total to the number of
days of receiving wage. b) Among the wages,
bonuses, increments, compensations and payments of similar quality made in
accordance with the decision reached by the
administration or legal authorities, the ones related with the period of last
three months used as basis in benefit and income
calculation shall not be considered. –––––––––––– (1) The title of this
Article was "Rights granted in cases of work accident, occupational
disease, sickness and maternity"; however it is amended with Article 10
of Law Number 5754 of 17/4/2008 as applied to the text. . (2) The term "number
of premium days" in paragraph one of this Article was amended as
"number of paid premium days" and the term "items (a) and
(c)" in paragraph three was amended as "item (a)" with Article
65 of Law Number 5754 of 17/4/2008 and the amendments are applied to the text. If the occupational
disease occurred within one year following the date of the insurance holder
quitted the work he/she worked under insurance, then
his/her daily earning shall be calculated using the date he/she quitted from
this last work, in accordance with the above
paragraphs. Monthly earning to be
used in the income payable from the work accident and occupational disease
insurance shall be thirty times the daily earning
to be calculated in accordance with the above provisions. Benefit for temporary
incapacity ARTICLE 18 - Provided that rest report is granted by
medical doctor or health committees authorized by the Institution; a) each day for an
insurance holder suffering from temporary incapacity due to work accident or
occupational disease, b) (Amended: 17/4/2008
- 5754/11th Art.) In case, among the insurance holders under item (a) of
paragraph one of Article 4 and Article 5, the
individuals who are subject to sickness insurance, suffer from temporary
incapacity due to sickness, each day starting from the third
day of the temporary incapacity, provided that minimum ninety short term
insurance premium is notified within one year before
the starting date of the temporary incapacity, c) (Amended: 17/4/2008
- 5754/11th Art.) In case of maternity of headmen stated in item (a) and
(b) of paragraph one of Article 4 and female
insurance holders under numbers (1), (2) and (4) of the same item, each day of
not working including eight - week periods
before and after birth and, in cases of multi birth, adding another two weeks
to the said eight weeks before the birth, provided that
minimum ninety days short term insurance premium is notified within one year
before the birth, d) (Amended: 17/4/2008
- 5754/11th Art.) In case the insurance holder works until three weeks
before the birth, upon request of headmen stated in item
(a) and (b) of paragraph one of Article 4 and female insurance holders under
numbers (1), (2) and (4) of the same item and with
the consent of medical doctor, for the periods added to the rest period after
birth, a benefit for temporary
incapacity shall be payable. (Amended second
paragraph: 17/4/2008 - 5754/11th Art.) In cases of work accident or occupational disease or
maternity, temporary incapacity
benefit shall be paid to the individuals deemed to be insurance holders under
item (b) of paragraph one of Article 4, during the
period of inpatient treatment or the period of rest report granted due to such
treatment or after inpatient 14 treatment, provided that
any kind of premiums or debts related with premiums, including universal health
insurance, are paid. However, the condition of
inpatient treatment is not sought for temporary incapacity payment for period
not worked before or after birth in accordance
with item (c) of paragraph one of this Article. (Amended third paragraph:
17/4/2008 - 5754/11th Art.) The temporary incapacity benefit payable in cases of work
accident, occupational disease,
sickness, and maternity of female insurance holders, shall be half of the daily
earning to be calculated as per Article In cases of changes in
the lower limits of the daily earnings to be used in the calculation of
insurance premiums and benefits, such benefits of the
individuals who are receiving, or has or will be granted the right to receive,
a daily earning under the re - determined lower limit
shall be payable according to the changed daily earning lower limit, starting
from the effective date of the changes in lower
limit of daily earnings. Where an insurance holder
suffers from more than one of the cases of work accident, occupational disease,
sickness and maternity, temporary
incapacity benefit shall be payable at the highest level. Temporary incapacity
benefits may be collected by a payment made by the employers of workplaces of
collective labour agreement or of public
administrations, to the insurance holders, on behalf of the Institution, based
on procedures and principles determined by the
Institution, and by mutual setting - off records. Payment term of temporary
incapacity benefits and other procedures and principles on the implementation
of this Article shall be regulated by a
regulation to be issued by the Institution. Qualification to,
calculation and start of permanent incapacity income, and cases of more than
one work accident and occupational disease ARTICLE 19 - (Amended
first paragraph: 17/4/2008 - 5754/12th Art.) The insurance holder, whose earning power in the profession, due to the
disease or disabilities caused by work accident or occupational disease, is
determined to be reduced by 10% by the Institution's
Health Committee based on reports issued by the health committees of health -
care service providers authorized by the Institution,
shall be qualified for permanent incapacity income. In case the insurance
holder who is put on permanent incapacity income is re - treated, the rate of
losing earning power in profession shall be re -
determined based on reports to be issued by the health committees stated in
paragraph one. Permanent incapacity
income shall be calculated based on the rate of losing earning power in
profession of the insurance holder. In case of
permanent full incapacity the insurance holder is put on an income 70% of the
monthly earning calculated in accordance with Article
17. Income to be granted to the insurance holder in case of permanent partial
incapacity shall be calculated as full
incapacity income and of this total, the amount corresponding the degree of
incapacity shall be payable. Where the insurance
holder is need of permanent care of another person, the insurance holder shall
be put on 100% income. In order to put on the
individuals, who are deemed to be insurance holder as per item (b) of paragraph
one of Article 4, on permanent incapacity
income, it is obligatory that the entire premium or any kind of debts related
premiums, including the universal health
insurance, should be paid. (1) (Abrogated fifth
paragraph: 17/4/2008 - 5754/12th Art.) (Abrogated sixth
paragraph: 17/4/2008 - 5754/12th Art.) Income calculated in
accordance with the above paragraphs shall be determined by increasing in
accordance with the provision of second paragraph of
Article 55 between the last month in the daily earning calculation and the
starting date of income. The permanent incapacity
income of the insurance holder shall start at the beginning of the month
following; a) the date on which
temporary incapacity benefit ends, b) the date of health
committee report if permanent incapacity case occurs without determining
temporary incapacity. –––––––––– (1) The term
"premium and any kind of debt" present in this paragraph was amended with Article 12
of Law Number 5754 of 17/4/2008 as "premium and every kind of debts
related with premium" and is applied to the text. The difference between
one day incapacity benefit to be calculated from the date of written request in
accordance with Article 18 and one thirtieth of
the monthly permanent incapacity benefit shall be payable as temporary
incapacity benefit to the individuals, to whom rest
report is issued due to same invalidity or occupational disease, among the
insurance holders put on permanent incapacity
income. Where the insurance
holder suffers again from a work accident or a occupational disease,
considering the entire disabilities he/she suffers, an income
is calculated for such individual over the earning during his/her last work
accident or occupational disease which caused
permanent incapacity. However, if the income to be determined based on daily
income of the insurance holder during the last
work accident or occupational disease is less than his/her first calculated
income, then permanent incapacity income of the
insurance holder shall be payable over the first earning. Other procedures and
principles on determining the rate of loss in earning power in profession in
cases of permanent incapacity due to work accident or
occupational disease and on the execution of this article shall be regulated by
a regulation to be issued by the Institution. Putting right holders on
income, marriage and funeral benefits ARTICLE 20 - The survivors of the insurance holder,
who has died due to work accident or occupational disease, shall be put on income at a rate of
70% of the monthly earning to be determining as per Article 34, after updating
pursuant to paragraph two of Article 55. For insurance holders who
die with the permanent incapacity income due to losing 50% or more of the
earning power in profession as a result of
work accident or occupational disease, the right holders shall be put on
income, in accordance with the provisions of Article 34,
at an amount determined as per paragraph one, without considering whether the
death is connected with work accident or
occupational disease. For insurance holders who
die with the permanent incapacity income due to losing less than 50% of the
earning power in profession as a result of
work accident or occupational disease, the right holders shall be put on income,
in accordance with the provisions of Article 34,
at an amount of permanent incapacity income which the insurance holder was
receiving due to work accident or occupational
disease. In order to put on the
right holders of individuals who are deemed to be insurance holder as per item
(b) of paragraph one of Article 4 on income, it
is obligatory that the entire premium or any kind of debts related premiums,
including the universal health insurance, should
be paid. (1) Article 34 and 35 shall
be applicable to the start, termination and re - start of income. Right owners shall
receive funeral and marriage benefit in accordance with the provisions of
Article 37. Responsibility of
employer and third parties in terms of work accident and occupational disease and
sickness ARTICLE 21 - If a work accident or occupational
disease occurred due to employer's intention or insurance holder's action contrary to the
legislation on protection of health and labour safety, then the sum of payments
which are and will be made by the Institution to the
insurance holder or right holders and the first advance capital value as of the
starting date of granted income shall be collected
by the Institution from the employer, limited with the amounts that the
insurance holder or right holders may request from
the employer. The principle of inevitability shall be considered in determining
the responsibility of the employer. –––––––––– (1) The term
"premium and any kind of debt" present in this paragraph was amended with Article 65
of Law Number 5754 of 17/4/2008 as "premium and every kind of debts
related with premium" and is applied to the text. In case the work accident
is communicated by the employer to the Institution within the period stipulated
in item (a) of paragraph two of Article
13, the temporary incapacity benefit payable to the insurance holder for the
period up to the date of notification shall be
collected from the employer by the Institution. In works where obtaining
health certificate is stipulated in the labour legislation, the temporary
incapacity benefit, payable by the Institution to the
insurance holder due to a disease which is determined to be present before
being employed for such work or is caused by employing
an insurance holder, who is employed for a work without based on such a report
or contrary to the issued report, for a work
to which he/she is not physically suitable, shall be paid by the employer. If a work accident,
occupational disease or sickness is caused due to a fault of a third party,
then payments which are or will be made to the insurance
holder or right holders and half of the first advance capital value as of the
starting date of the income, shall be revoked to the
third parties causing the damage or to the employers of such third parties, if
they have any faults. If a work accident,
occupational disease or sickness is caused by the actions of public servants,
privates and enlisted specialists, and other individuals
charged with duty by the public administrations due to their duties, excluding
the ones who have finalized conviction due to such
actions, the payments or income paid to the insurance holder or right holders
shall not be revoked to the institution or concerned
parties. In addition, in cases of death due to work accident or occupational disease,
the income or benefits to be granted to
the right holders as per this Law shall not be revoked by the Institution to
the right holders who have fault in the occurrence
of work accident or occupational disease or to the right holders of the deceased
faulty insurance holder who deceased due to work
accident. Extension of treatment
period, increase in incapacity due to reasons caused by insurance holder ARTICLE 22 - In cases where the insurance holder
suffers from work accident or occupational disease, or his/her incapacity degree increases due to
the abovementioned reasons, the temporary incapacity benefit or permanent
incapacity income; a) shall be reduced by
one fourth by the Institution, based on the extended treatment period or
increased incapacity rate, in case the treatment period is
extended or incapacity rate is increased due to insurance holder not observing
the measures and recommendations of
medical doctor because of work accident, occupational disease, sickness and
maternity, excluding the individuals who do not
have criminal responsibility and who have an acceptable excuse. b) shall be reduced by
one thirds by the Institution, based on the degree of fault of the insurance
holder suffering from occupational disease or
sickness, excluding the ones who do not have criminal responsibility. c) shall be paid in half
to the insurance holder who suffer from work accident, occupational disease or
sickness due to his/her intentional action and
who do not accept the proposed treatment. d) Temporary incapacity
benefit shall not be payable to an insurance holder, who starts working without
receiving a certificate from the medical doctor
applying the treatment, stating that the treatment is over and that he/she can
work, the paid benefits shall be refunded
pursuant to the provisions of Article 96, starting from the date of
inappropriate payment. In case the work accident
is not notified to the Institution by the persons stated in item (b) of
paragraph two of Article 13 within the time period
stated in the same item, the incapacity benefits payable to the insurance
holder shall be paid as of the date of notification. Procedures and principles
on the implementation of this Article shall be regulated by the Regulation to
be issued by the Institution. Responsibility arising
from the insurance status not notified in time ARTICLE 23 - In case the insurance holder does not
notify the Institution within due time, with an insurance holder employment notification,
that he/she started to work, the income and benefits payable to the concerned
parties due to cases of work accident,
occupational disease, sickness and maternity, occurring before the date of late
notification or the date on which the Institution
determines that the insurance holder is employed, shall be payable by the
Institution. The abovementioned cases,
the amount of any kind of expenses required to be will be made by the
Institution and, if income is granted, the amount of
first advance capital value as of the starting date of income, shall be
collected separately from the employer, without seeking
the cases of responsibility indicated in paragraph one of Article 21. The income and benefits
of the concerned parties due to cases of work accident, occupational disease
and maternity occurring within the time during
which notification is not made shall not be payable to the individuals who,
although is an insurance holder under item (b) of
paragraph one of Article 4, does not make notification within due time
indicated in paragraph three of Article 8. (1) Time periods not
considered in short term insurance branches ARTICLE 24 - In terms of short term insurance
branches; a) service period passed
at military of the insurance holder who was called to arms for any reason, b) period of arrest which
is not concluded in conviction, c) the period of
incapacity of the insurance holder who receives temporary incapacity benefit
from work accident, occupational disease, sickness and
maternity insurances, d) time which pass during
the participation of the insurance holder to a strike or the lockout of
employer, shall neither be included
in the work periods stated in Article 18 nor shall be considered in the
calculation of one year before the date the incapacity
or sickness is found or the date of birth. PART FOUR Long Term Insurance
Provisions Considering as disabled ARTICLE 25 - (Amended:
17/4/2008 - 5754/13th Art.) The insurance holder, who
is determined by the Institutions Health Committee to have lost working power
or minimum 60% of the earning power in
profession due to work accident or occupational disease for insurance holders
under items (a) and (b) under paragraph one of
Article 4 and to have lost minimum 60% of the earning power in profession or at
a degree which does not allow him/her to
carry out his/her duties for the insurance holders under item (c), as a result
of examining the reports and the medical documents the
report is based on, prepared duly by the providers of healthcare services
authorized by the Institution, upon request
of the insurance holder or the employer, shall be deemed to be disabled. –––––––––– (1) With Article 65 of
Law Number 5754 of 17/65/2008, the expression "fourth
paragraph" present in this paragraph is amended as "third
paragraph" , the expression "sickness and maternity" is amended
as "maternity",
and the amendments are applied to the text. However, if it is
determined in advance or afterwards that the insurance holder has lost 60% of
the working power or earning power in profession at a
degree not to allow him/her to carry out his/her duties before the date of
first start to work under insurance, then the
insurance holder shall not benefit from invalidity pension due to such disease
or handicap. The provisions on
invalidity insurance shall not be applied for such diseases or handicaps to individuals
who become disabled in the period under arms
without terminating their connection with their duties as reserved officers or
privates or due to drill, manoeuvre, mobilization
or war and whose invalidity does not hinder their original duties or works. In case the insurance
holders under item (c) of paragraph one of Article 4 request in written, such
individuals shall be deemed to be resigned, by
assigning to other duties or classes where their disability does not cause any
hindrance, without applying the provisions of this
article. Even after deemed to be resigned, their right of requesting the
application of the provisions of this Law is preserved.
However, among the individuals who have the possibility of transferring to
another duty or class, the ones who are subject to
obligatory period pursuant to special laws cannot not utilize this right unless
they fulfil their obligatory period or unless they
again take a duly issued report stating that their disability hinders their new
duties. Among the insurance
holders under item (c) of paragraph one of Article 4, the ones who suffer from
sickness at a degree not to carry out their duties
shall be deemed to be disabled or, pursuant to the provisions of Article 47,
duty disabled, depending on the nature of their
sickness or the reason of occurrence, if their sickness persists longer than
the periods laid down in laws. The provisions on sick
leave of the Law number 657 on Public Servants shall be applicable on the
sickness period to be considered for deemed them
to be disabled due to sickness, for the insurance holders who are under item
(c) of paragraph one of Article 4 and who not
subject to personnel laws, until their special laws are enacted. If the
sickness cured before the periods laid down in laws relapses
within maximum one year, then a transaction shall be carried out by joining the
former and new sickness periods. Procedures and principles
on the implementation of this Article shall be regulated by the Regulation to
be issued by the Institution. Rights granted from
invalidity insurance and conditions to benefit ARTICLE 26 - The right granted from invalidity
insurance to insurance holders is to put on invalidity pension. In order to put an
insurance holder on invalidity pension, the insurance holder should; a) be deemed to be
disabled as per Article 25, b) (Amended: 17/4/2008
- 5754/14th Art.) be holding insurance for a period of minimum ten years
and should have paid totally 1800 days or in
case the insurance holder is disabled to the extent of being in need of
permanent care of another person, should have notified 1800
days of invalidity, old - age or survivors insurance premiums, without seeking
any period for holding insurance, c) have submitted a
written request to the Institution after quitting the work he/she was working
under insurance or closed or transferred the workplace
due to his/her invalidity, However, it is obligatory
that the individuals who are deemed to be insurance holder as per item (b) of
paragraph one of Article 4 should have paid entire
premiums or any kind of debts related with premiums, including the universal
health insurance. (1) Calculation, start,
termination and re - start of invalidity pension ARTICLE 27 - (Amended:
17/4/2008 - 5754/15th Art.) The invalidity pension,
for the insurance holders with the number of premium days less than 9000 shall
be calculated over 9000 days, and for the ones
with the number of premium days equal to or greater than 9000 days shall be
calculated over the number of paid premium days, in
accordance with the provisions of Article 29. If the insurance holder is in
need of permanent care of another person, then the
replacement rate shall be increased by 10 points. However, the 9000 premium
days shall be applied as 7200 premium days for the
insurance holders under item (a) of paragraph one of Article 4. For the insurance holders
under items (a) and (b) of paragraph one of Article 4 and the individuals, who,
when insured under item (c), quitted their
duties and did not work subject to another insurance status, the invalidity
pension shall start at the beginning of the month
following; a) the date of written
request, if the date of report used as basis for disability is before the date
of written request, b) the date of report, if
the date of report used as basis for disability is after the date of written
request, c) the date of quitting
duty due to disability, for individuals working under item (c) of paragraph one
of Article 4, The invalidity pensions
of individuals, who start to work pursuant to this Law or to the legislation of
a foreign country when receiving invalidity
pension, shall be terminated at the beginning of the payment period following
the date of starting to work and premium for short and
long term insurance branches and for universal health insurance shall be
collected, pursuant to Article 81, over their
premium based earnings determined as per Article 80 during the period they work
under this Law. For the individuals among the
abovementioned, who quit work and submit written request for re - asking for
invalidity pension or who retires or is sent to
pension, the invalidity pension is re - calculated starting from the period
following the date of quitting work if they are working under
item (c) of paragraph one of Article 4 or the date of request for others,
provided that they are examined for control and
that their invalidity in the previous pension persists. For such individuals, if
the days of paid premiums to be used in the first invalidity pension; a) is greater than 9000,
then the pensions shall be calculated applying the provisions of item (a) of
paragraph three of Article 30. ––––––––––––––– (1) The term
"premium and any kind of debt" present in this paragraph was amended with Article 14
of Law Number 5754 of 17/4/2008 as "premium and every kind of debts
related with premium" and is applied to the text. b) less than 9000 days,
then the pension shall consist of the sum of the part proportional to the
number of days of paid premiums before and after
retirement of the amount calculated as of the starting date of pension and the
partial pension of the work after retirement, by
applying the increments made to the pensions after terminating the former
pension. Partial pension for the post - retirement
work shall be equal to total of pre - and post - retirement premium days and to
the part of the pension calculated over the
earnings used in premiums of the post - retirement work as per paragraph one of
this Article, in proportion to the number of post -
retirement paid premium days. The new pension cannot be under the amount found
by applying the increments made on the
pension after the termination of the former pension. 9000 premium days,
mentioned in items (a) and (b) above, shall be applied as 7200 days for the
individuals deemed to be insurance holders under
item (a) of paragraph one of Article 4. Rights granted from old -
age insurance and conditions to benefit ARTICLE 28 - Following are the rights granted from
the old - age insurance to the insurance holder: a) Putting on old - age
pension. b) Making single payment. (Amended second
paragraph: 17/4/2008 - 5754/16th Art.) For the individuals who are deemed to be insurance holder
with this Law for the first
time; a) old - age pension
shall be granted provided that the individual is over 58 if the individual is
female or over 60 if the individual is male and
that minimum 9000 days of invalidity, old - age and survivors insurance
premiums are notified. However, the number of
premium days condition shall be applied as 7200 premium days for the insurance
holders under item (a) of paragraph one of
Article 4. b) The age condition
stated in item (a); 1) shall be applied as 59
for females, 61 for males between 1/1/2036 and 31/12/2037, 2) shall be applied as 60
for females, 62 for males between 1/1/2038 and 31/12/2039, 3) shall be applied as 61
for females, 63 for males between 1/1/2040 and 31/12/2041, 4) shall be applied as 62
for females, 64 for males between 1/1/2042 and 31/12/2043, 5) shall be applied as 63
for females, 65 for males between 1/1/2044 and 31/12/2045, 6) shall be applied as 64
for females, 65 for males between 1/1/2046 and 31/12/2047, 7) shall be applied as 65
for both females and males as of 1/1/2048. However, age limits
applicable on the date on which the number of premium days stipulated in item
(a) is completed shall be used in applying the age
limits. Insurance holders may
benefit from old - age pension, provided adding three years is added to the age
limits in items (a) and (b) but not exceeding the
age of 65 and that minimum 5400 days of invalidity, old - age and survivors
insurance premiums are notified on behalf of
them. (1) The insurance holders,
who has an sickness or invalidity to the extent requiring to be deemed to be
disabled as per paragraph two of Article 25 before
the starting to work for the first time and therefore cannot benefit from the
invalidity pension, shall be put on invalidity
pension, provided that they are insurance holders for a minimum of fifteen
years and that minimum 3960 days of invalidity, old - age
and survivors insurance premiums are notified. ––––––––––––– (1) With Article 16 of
Law Number 5754 of 17/4/2008, the term "not exceeding the age of
65" is added after the term "age limits" present in this
paragraph and is applied to the text. Based on the examination
of reports and the medical documents the report is based on, prepared duly by
the providers of healthcare services
authorized by the Institution, the insurance holders whose rate of loss in
working power is found by the Institution Health
Committee to be; a) between 50% and 59%,
shall have the right to receive old - age pension, without seeking the
condition in item (a) of paragraph two, provided
that they are insurance holders for a minimum of 16 years and have notified
4320 days, b) between 40% and 49%,
shall have the right to receive old - age pension, without seeking the
condition in item (a) of paragraph two, provided
that they are insurance holders for a minimum of 18 years and have notified
4680 days, of invalidity, old - age
and survivors insurance premiums. These may be held subject to control
examination pursuant to the provisions of Article 94. The age limit stipulated
in paragraph two shall be applied as 55 for the insurance holders who
continuously or in rotations at underground works of mining
workplaces determined by the Ministry. Insurance holders, who
have passed the age of 55 and are determined to suffer from premature aging,
shall benefit from old - age pension, provided
that they fulfil conditions other than age. (1) (Appended paragraph:
17/4/2008 - 5754/16th Art.) One fourth of the paid premium days after the enactment of
this Law of the ones, among the
female insurance holders who request to be put on retirement or old - age
pension, who have disabled child to the extent of being in
need of permanent care of another person, shall be added to the sum of number
of premium payment days and these added
periods shall be subtracted from the retirement age limits. (Amended eighth
paragraph: 17/4/2008 - 5754/16th Art.) In order to benefit from the old - age pensions mentioned in
the above paragraphs, it is
obligatory to terminate the connection of the insurance holders indicated in
item (a) of paragraph one of Article 4 after quitting
the work he/she was working at, of the insurance holders indicated in item (b)
after submitting a written request following
declaring whether to end the activity subject to insurance, and of insurance
holders indicated in item (c) of first paragraph of
Article 4 after taking approval from the competent authority to transfer to
retirement upon their requests. In order to put the
insurance holders stated in item (b) of paragraph one of Article 4 on old - age
pension, it is also obligatory that they should not have
premiums or any kind debts related with premiums due to his/her own insurance
status, including the universal health
insurance premium, as of the date of written request. (1) Procedures and principles
on the implementation of this Article shall be regulated by the Regulation to
be issued by the Institution. Calculation of old - age
pension ARTICLE 29 - (Amended:
17/4/2008 - 5754/17th Art.) The old - age pensions of
the insurance holders under items (a) and (b) of paragraph one of Article 4 and
the individuals who start to work as
insurance holders for the first time after the enactment of this Law pursuant
to item (c) of the same paragraph shall equal to the amount
to be found by the average monthly earning to be determined in accordance with
the following provisions multiplied
with the replacement rate. Average monthly earning
is thirty times the average daily earning, calculated by the sum of insurance
holder's earnings subject to premium, found by
updating with the update coefficient realized every year, for the years passed
from the year of the earning up to the date of
requesting pension, divided by the total paid premium days excluding the
nominal service period and actual service period increment. Replacement rate shall be
applied as 2% for each 360 days of total paid premium days of the insurance
holder, passed subject to invalidity, old - age
and survivors insurances. Periods less than 360 days shall be considered
proportionally in this calculation. However, the
replacement rate shall not be over 90%. The replacement rate to
be calculated for the insurance holders who are granted with the right of being
put on pension pursuant to fourth and fifth
paragraphs of Article 28 shall be the rate determined as per third paragraph,
but not over 50%, according to the days calculated by
the figure found by multiplying the 9000 paid premium days multiplied by the
working power loss rate for individuals having
paid premiums less than 9000 days, divided by 60%. For individuals having paid
premium days over 9000, replacement rate
shall be determined based on total number of paid premium days. However, the
9000 premium days in this paragraph shall be
applied as 7200 premium days, and the 50% rate shall be applied as 40% for the
insurance holders under item (a) of paragraph one
of Article 4. Where the starting date
of the pension calculated in the abovementioned manner hits the first six
months period of the year, the pension of the insurance
holder at the beginning of pension is calculated by increasing the increment
rate applied to the incomes and pensions for
January in accordance with paragraph two of Article 55 and where it hits the
second six months period of the year, the
pension of the insurance holder at the beginning of pension is calculated by
increasing the increment rate applied to the incomes
and pensions for July. ––––––––––––– (1) The term
"50" present in paragraph seven was amended with Article 16 of Law Number 5754 of
17/4/2008 as "55" and the term "premium and every kind of
debt" in paragraph nine was amended with the term "premium and every
kind of debt related with premium" and is applied to the text. Starting, termination of
old - age pension or payment of social security premium ARTICLE 30 - The insurance holders; a) stated in items (a)
and (b) of paragraph one of Article 4, who have the right to receive old - age
pension, shall be put on pension at the beginning
of the month following the date of written request, b) (Amended: 17/4/2008
- 5754/18th Art.) stated in item (c), who have the right to receive old -
age pension, shall be put on pension at the beginning
of the month following the date on which the connection with their duties are
terminated based on competent authority's
approval of transfer to retirement, c) (Amended: 17/4/2008
- 5754/18th Art.) stated in item (c), who have quitted their duties in
whatsoever way and who, after that, have not worked
subject to another insurance status, and among the ones whose pension is
terminated as a result of control examination, who have the
right to receive old - age pension, shall be put on pension at the beginning of
the month following the date of request. The pension of the
insurance holder, who is receiving temporary incapacity benefit at the starting
date of the pension, shall start at the beginning of the
month following the date of termination of the period for granting temporary
incapacity benefit. However, if the pension
is greater than the monthly amount of the temporary incapacity benefit, then
the difference shall be payable starting from the
date to be established in accordance with paragraph one. (Amended third paragraph:
17/4/2008 - 5754/18th Art.) After the individuals, who become insurance holders for the
first time after the enactment
of this Law, are put on old - age pension; a) excluding number (4)
of item (b) of paragraph one of Article 4, the pensions of the individuals who
start to work under this Law or under the
legislation of a foreign country shall be terminated at the beginning of the
period following the starting date of their work. Such
individuals shall pay premiums for short and long term insurance branches and
for universal health insurance, in accordance
with Article 81, over their earnings subject to premium, determined as per
Article 80, for the period they work under this Law.
Among the individuals whose old - age pensions are terminated, who submit
written request for again being put on old -
age pension by quitting their works or shutting down their workplaces, or who
are retired or transferred to retirement, shall be
put on old - age pension starting from the payment term following the date of
written request or the date of quitting duty. The new
pension shall consist of the sum of amount found as of the pension starting
date stated in this paragraph and the partial
pension corresponding to post –retirement work, by applying the increments made
to pensions following the date of
termination of the former pension. Partial pension for post - retirement work
shall be equal to pre - and post - retirement premium
days as of date of request and to the part of the pension calculated over the
earnings used in premiums of the post -
retirement work as per Article b) the pensions of the
individuals, who start to work subject to other numbers excluding number (4) of
item (b) of paragraph one of Article 4 and who
submit written request for not terminating their pensions, shall continue. Such
individuals shall pay a social security support
premium at the rate of 15% of the pension they are receiving. However, this
amount to be deducted shall not be greater than the
social security support premium that can be collected from the highest old -
age pension payable in January of the concerned
year from the insurance holders under item (b) of paragraph one of Article 4.
Premium for short term insurance branches shall
not be collected from such insurance holders. The premiums of the individuals
who are subject to social security support
premium shall be collected by deducting from their pensions. The periods in
which social security support premiums are paid
or notified shall not be added to the number of premium days for invalidity,
old - age and survivors insurances and single
payment shall not be made in accordance with Articles 31 and 36. (Abrogated fourth
paragraph: 17/4/2008 - 5754/18th Art.) (Amended fifth paragraph:
17/4/2008 - 5754/18th Art.) The individuals whose old - age pensions are terminated
pursuant to item (a) of paragraph
three because of starting to activity subject to item (b) of paragraph one of
Article 4 may request that the provisions of item (b) of
paragraph three are applied, and the individuals who are subject to social
security support premium pursuant to the
provisions of item (b) may request that the provisions of item (a) of paragraph
three are applied, during the period in which their
insurance status under item (b) of paragraph one of Article 4 continue. Old - age single payment
and revival ARTICLE 31 - (Amended:
17/4/2008 - 5754/19th Art.) Among the insurance
holders under items (a) and (b) of paragraph one of Article 4 and the
individuals who become insurance holders for the first
time under item (c) pursuant to this Law, the insurance holders, who quits work
or closes workplace for whatsoever reason and who
does not have the right to be put on invalidity and old - age pension although
the required condition of age for putting on old
- age pension is fulfilled, shall receive, in single payment, after being
updated with the update coefficient realized each
year, for the years from the year of the premium up to the date of written
request, the sum of invalidity, old - age and
survivors insurance premiums of each year paid under item (b) and notified for
his/her name under items (a) or (c) of
paragraph one of Article 4. Among the individuals
whose services are eliminated by making single payment in accordance with this
Law, in case the ones, whose invalidity, old -
age and survivors insurance premiums are notified by again being subject to
this Law, apply in written, these services will be
revived and shall be considered in the execution of this Law, if they pay the
amount found by updating with the update
coefficient realized each year for the years between the date of single payment
and the date of written request, by the end of the month
following the date of notification of such to the concerned party. Rights granted from
survivors insurance and conditions to benefit ARTICLE 32 - Following are the rights granted from
the survivors insurance: a) Putting on survivors’
pension. b) Making single payment
to the survivors of the deceased. c) Granting marriage
support to daughters receiving pension.(1) d) Granting funeral
benefit. (Amended second
paragraph: 17/4/2008 - 5754/20th Art.) The survivors pension shall be payable to the right holders
of the deceased insurance
holder; a) if minimum 1800 days
of invalidity, old - age and survivors premiums are notified or if, excluding
any kind of debt periods, there is an insurance
status of minimum 5 years and totally 900 days of invalidity, old - age and
survivors premiums are paid for the insurance holders
under item (a) of paragraph one of Article 4, b) if the individual was
suffered from accident due to reasons laid down in Article 47, was receiving
invalidity, duty disability or old - age pension or
had the right to receive invalidity, duty disability or old - age pension but
the transactions were not completed, c) if the invalidity,
duty disability or old - age pensions were terminated due to the fact that the
individual had started to work under insurance, upon request of their
right holders. However, in order to put on the right holders of individuals who
are deemed to be insurance holder as per item (b) of
paragraph one of Article 4 on pension, it is obligatory that the entire premium
or any kind of debts related premiums,
including the universal health insurance of the deceased insurance holder,
should not be present or should be paid. ––––––––––––– (1) The expression
"spouse and children" present in this item of Article 4 of Law Number 5754 dated
17/20/2008 is amended as "daughters" and is applied to the text. Calculation of the
pension to be paid from survivors insurance (1) ARTICLE 33 - In case of death of the insurance
holder, for calculating the pension to be paid to the right holders; a) invalidity, duty disability
or old - age pension received by or right granted to the insurance holder, b) the pension to be
determined in accordance with Articles 27 and 30, based on the date of decease
of the insurance holder, whose pension is
terminated due to starting to work under insurance after he/she was put on
invalidity or old - age pension, c) if the number of paid
premium days of the insurance holder who have paid invalidity, old - age or
survivors insurance premiums under item (a)
of second paragraph of Article 32 is under 9000, then the pension calculated
over 9000 days as per the provisions of Article 29,
and if this figure is equal to or greater than 9000 days, then the pension
calculated over the total number of paid premium
days, shall be taken as basis. (Appended
sentence: 17/4/2008 - 5754/66th Art.) However, the 9000 premium days shall
be applied as 7200 premium days for
the insurance holders under item (a) of paragraph one of Article 4. Separate for insurance
holders under items (a), (b) and (c) of paragraph one of Article 4, and Article
5; in case of decease of the insurance holders, the
amounts to be calculated without applying the increments in that year as of the
January of the year in which the pensions paid
each year from survivors insurance on file basis shall not be less than the
lowest old - age pension, paid from the old - age
insurance separately for the said insurance holders at the final payment month
of the previous year. If the insurance holder was
granted with the right to be put on pension deeming to be disabled in need of
permanent care of another person, then this
shall not be considered in applying items (a) and (b) of paragraph one. Dividing survivors
pension between right holders ARTICLE 34 - Of the pension to be calculated for the
deceased insurance holder in accordance with Article 33; a) (Amended: 17/4/2008
- 5754/21st Art.) 50% shall be payable to the widow spouse; and 75% to the
childless widow spouse, who is put on
pension, in case such individual is not put on income or pension due to not
working under this Law, excluding items (a), (b)
and (e) of paragraph one of Article 5, or under legislation of a foreign
country or due to her own insurance status, b) (Amended: 17/4/2008
- 5754/21st Art.) Among the children, who are not put on income or pension
due to not working under this Law, excluding
items (a), (b) and (e) of paragraph one of Article 5, or under legislation of a
foreign country or due to their own insurance
status; 1) the ones who have
completed the age of 18, the age of of 2) the ones who are found
to be disabled by losing minimum 60% of working power based on Institution
Health Committee decision; or 3) the daughters,
whatever the ages are, not married, divorced or widow, shall receive 25% each. c) 50% to each of the
children stated in item (b), who are left both motherless and fatherless or
suffer such status at a later date due to death of insurance
holder, whose mothers and fathers or whose do not have marriage connection in
between or whose fathers and mothers have
marriage connection in between at the time of decease but mother or father is
married later on and the ones who are the sole
right holders receiving pension, d) (Amended: 17/4/2008
- 5754/21st Art.) If there are shares left over from the right owner spouse
and children, 25% totally to mother and father,
provided that the figure is less than the net amount of the minimum wage of the
income obtained from any kind of earning and
revenue and that they are not put on income and/or pension excluding the income
and pension rights granted because of other
children; if the mother and father is over 65 years of age, then totally 25%,
under the above conditions, without
considering the left over share, shall be payable as
pension. Children adopted,
recognized or lineage connection is corrected or fatherhood is ruled on, and
the children of the insurance holder born after decease
shall benefit from the pension under the abovementioned principles. The total of the pensions
payable to the right holders cannot exceed the amount of the pension of an
insurance holder. If necessary, proportional
reductions shall be applied to the pensions of the right holders in order to
observe this limit. ––––––––––––– (1) With Article 66 of
Law Number 5754 of 17/4/2008, the term "29th" in item (b) of paragraph one
of this Article was amended to "30th", the term "duty
disability" was added after the term "disability" in item (a), and the amendments are
applied to the text. Starting, termination and
repayment of pensions of right holders ARTICLE 35 - The pension to be paid to the right
holders of the insurance holder from survivors insurance shall start at the beginning of the month
following; a) the date of decease of
the insurance holder, b) in case the right
holder status is qualified after the date of decease, then the date of
qualification. Pensions payable to the
right holders shall be terminated at the beginning of the payment period following
the date on which the conditions stipulated
in Article 34 are not present anymore. However, the fact that
the students stated in items (d) and (e) of paragraph three of Article 4 of
this Law are deemed to be insurance holders shall
not entail termination of the pensions. In case the condition
causing termination of pension is not present anymore, then the individual
shall again be put on pension from the beginning of the
month following the date of application, provided that the conditions stipulated
in Article 34 are preserved. (Abrogated
final sentence: 17/4/2008 - 5754/67th Art.) Among the children whose
pensions are terminated pursuant to this Article, the ones who are found to be
disabled by losing minimum 60% of working
power based on Institution Health Committee decision shall be put on pension,
if they fulfil the conditions stipulated in
Article 34, from the beginning of the month following the date of report used
as basis in determining the invalidity status,
provided that the provision of Article 94 is preserved. The re - paid pension
shall be determined by applying the increments, in accordance with paragraph
two of Article 55, for the period from the date of
termination up to the re - payment of the pension. Single payment and
revival in case of death ARTICLE 36 - (Amended
first paragraph: 17/4/2008 - 5754/22nd Art.) In case the right holders of the deceased insurance holders, who are under
items (a) and (b) of paragraph one of Article 4 and who became insurance
holders for the first time pursuant to this Law
under item (c) of paragraph one of the same Article, are not put on survivors
pension, then the amount calculated as per
paragraph one of Article 31, shall be payable to the right holders in single
payment, considering the provisions of Article 34, provided
that the date of decease is taken as basis. The total of the payment
to be made to the right holders shall not exceed the total amount payable to
the insurance holder in single payment. If
necessary, proportional reductions shall be applied to the shares of the right
holders in order to observe this limit. If any amount is left
after single payment, then a single payment shall be made, in accordance with
the provisions of this Article, to the children
of the insurance holder, who are born or linage connection are corrected or
fatherhood is ruled on after the decease. (Amended fourth
paragraph: 17/4/2008 - 5754/22nd Art.) In the case that the number of paid premium days necessary
for benefiting from the
survivors insurance by adding the time periods arranged by making single
payment in accordance with this Law to the qualified time
periods by indebting service periods or joining with the abroad services or
determining services later on, then, upon written
request of the right holders, it shall be revived in accordance with paragraph
two of Article 31. The abovementioned time
periods shall be considered in putting pension in accordance with this Law,
from the beginning of month following the payment
date of any kind of debts, including the amount related with the revived
period. Marriage and funeral
benefit ARTICLE 37 - (Amended:
17/4/2008 - 5754/23rd Art.) Marriage benefit shall be
payable in advance, for once, at the amount of two years of pension or income
they receive, upon marriage and request of
the daughters, whose income or pensions should be terminated due to marriage.
In case a right holder who is receiving marriage
benefit becomes right holder within two years following the termination date of
the pension, no income or pension shall
be payable until the end of two - year period and such individuals shall be
deemed to be holders of universal health
insurance under item (f) of paragraph one of Article 60. In case marriage benefit
is granted, pensions or incomes of other right holders shall be re - determined
in accordance with Article 34, starting from
the payment period following the end of the period during which marriage
benefit is granted. Funeral benefit, over a
tariff to be determined by the Board of Directors of the Institution and
approved by the Minister, shall be payable to the right
holders of the insurance holder who deceased when receiving incapacity income
due to work accident or occupational disease or
permanent incapacity income, invalidity, duty disability or old - age pension
or when his/her minimum 360 days of invalidity,
old - age and survivors insurance premiums are notified for himself/herself.
Funeral benefit shall be granted to the insurance
holder's spouse, if not to children, if not to parents, if not to siblings. Where the funeral benefit
is not paid to the individuals listed in paragraph three and the funeral of the
insurance holder is undertaken by real or
artificial persons, expenses based on documents, not exceeding the amount
stated in paragraph three, shall be payable to the
real or artificial persons bearing the expenses. In the case that funeral
expense, funeral transfer expense benefit or equivalent payment excluding
funeral assistance is made pursuant to the relevant
legislation by their own institutions to the right holders of the deceased
insurance holders under item (c) of paragraph one of
Article 4, the Institution shall not pay funeral benefit. Insurance term in terms
of long term insurance branches ARTICLE 38 - (Amended
first paragraph: 17/4/2008 - 5754/24th Art.) The start of the insurance period that will be considered in application
of invalidity, old - age and survivors insurances shall be deemed to be the
date on which the insurance holder enters into the
scope of the invalidity, old - age and survivors insurances for the first time,
subject to abrogated Law Number 5417 of 2/6/1949
on Old - age Insurance, to abrogated Law Number 6900 of 4/2/1957 on Invalidity,
Old - age and Survivors Insurances, to
Social Insurances Law Number 506 of 17/7/1964, to Traders and Artisans and
Other Independent Works Social Insurance
Institution Law Number 1479 of 2/9/1971, to Agricultural Workers Social
Insurance Institution Law Number 2925 of
17/10/1983, to Individuals Working on Own Name and Account in Agriculture
Social Insurance Law Number 2926 of 17/10/1983
abrogated with the present Law, to Republic of Turkey Pension Fund Law Number
5434 of 8/6/1949, to funds under interim
Article 20 of Social Insurance Law Number 506 or to this Law. The provisions of
the international social security conventions are
preserved. In the execution of this
Law, the insurance term of the individuals who are subject to invalidity, old -
age and survivors insurances before the age
of 18 shall be deemed to commence on the date these individuals are over the
age of 18. Invalidity, old - age and survivors
insurance premiums paid for periods before this date shall be included in the
calculation of the paid premium days. (Amended third paragraph:
17/4/2008 - 5754/24th Art.) Insurance term considered in putting on pension is the
period between the starting date
of the insurance status and the date of written request of the insurance holder
for pension or, for the insurance holders who
have not requested to be put on pension, the date of decease. The insurance
term for the insurance holders under item (c) of
paragraph one of Article 4 shall be the period between the starting date of the
insurance status and the last day of the month in
which the insurance holder is approved by the competent authority to be
transferred to retirement from duty pursuant to Article
48 and his/her connection is terminated. (Appended paragraph:
17/4/2008 - 5754/24th Art.) In the calculation of insurance term, number of paid
premiums, and earning subject to
premium, to be taken as basis for putting on invalidity, old - age and
survivors pension or for single payment for the individuals about
whom long term insurance provisions are applied due to starting to work when
receiving pension for duty disability, the
periods before the date of putting on to duty disability pension shall not be
considered. Responsibility of third
party in terms of long term insurance branches ARTICLE 39 - Half of the first advance capital
value on the starting date of the pension to be granted pursuant to this Law to the insurance holder who
is disabled or disabled of service due to intentional action of a third party
or, in case of his/her death, to the right holders
shall be revoked to the third parties causing loss to the Institution. (1) If a invalidity, duty
disability or death is caused by the actions of public servants, privates and
enlisted specialists, and other individuals charged with
duty by the public administrations due to their duties, excluding the ones who
have finalized conviction due to such
actions, the payments or pensions paid to the insurance holder or right holders
shall not be revoked to the institution or
concerned parties, by the Institution. (1) –––––––––– (1) W ith Article 65 of Law
Number 5754 dated 17/4/2008, the term “disabled” in paragraph one is amended
with “disabled or disabled of duty”; and with Article 66 of
the same Law, the term “duty disability" is appended following the term
"disabled" in paragraph two, and these are applied to the text. Actual service term increment ARTICLE 40 - (Amended:
17/4/2008 - 5754/25th Art.) The number of days
indicated corresponding to each 360 days of the service terms passed at the
following workplaces and works shall be added as
actual service term increment to the numbers of paid premium days of the
insurance holders working at such workplaces and works
under items (a) and (c) of paragraph one of Article 4. The actual service term
increment for periods less than 360 days shall
be determined in proportion to the actual service term increment added for 360
days. In order to evaluate the work under
actual service term increment, excluding the insurance holders indicated in
rows number (13) and (14) of the table, it is
obligatory for the insurance holder to actually work at the works stated
together with the workplaces in this scope and to be exposed
to the risks of the said works. Concerned Works/Workplaces Concerned Insurance
Holders Numb er of days to be added 1) Lead and arsenic works 1) Who work in mine works
for mining ores such as galenite, serusite, anglesite where 60 lead is produced. 2) Individuals working at
melting works for lead production from ash, mine foam, 60 lead kiln soot, white
lead remains and similar materials. 3) Individuals working at
lead alloy works made from antimony, tin, bronze and similar materials. 90 4) Individuals working at
works for removing dry dust accumulated at condensation chambers 90 of lead melting kilns. 2) Glass factories and workshops 1) Individuals working at
powdering, screening, mixing and drying works for primitive materials in 60 glass production (in case
automatic machines in fully closed chambers or aeration system reducing the dust at workplace
down to a level not harmful to health are not found). 2) Individuals working at
melting works (unless they work with automatic feeding kilns. 6 0 3) Individuals working at
firing works. 60 4) Individuals working at
blowing works (unless they work with fully automatic machines). 60 5) Individuals working at
pressurized glass works (glass pressure works) 60 6) Individuals working at
crucible pouring works for mirror glass production (in case crucibles are not
transported with mechanical tools to the mould desk). 60 7) Individuals working at
works for taking glass from the kiln. 60 8) Individuals working at
correcting works at spreading kilns. 60 9) Individuals working at
cutting works. 60 10) Individuals working
at acid engraving and polishing works. 60 11) Individuals working
at works done with air pressure sand blasting devices (in case aeration 60 system reducing the dust
at workplace to a level not to harm health is not found). 12) Individuals working
at works done at crucible and stone chambers. 60 3) Mercury production 1)
Individuals working at mercury melting kilns. 90 works industry 2)
Individuals working at works done in elementary mercury fireplaces. 90 4) Cement factories 1) Individuals working at
works for crushing, crumbling, grinding, screening and mixing primitive materials. 60 2) Individuals working at
firing works at automatic kilns. 60 3) Individuals working at
works for grinding, screening clinker, putting it into bags and barrels (in case 60 an arrangement
automatically preventing the dust to spread around is applied). 5) Coke factories and 1) Individuals working at
firing, kiln cleaning, generator, filling, emptying and cleaning works. 60 thermal power plants 2)
Individuals working at chemical refining works. 60 3) Individuals working at
works for repairing and cleaning devices and pips where gas passes. 60 4) Individuals working at
coal and fireplace works at coke factories. 60 5) Individuals working at
firing, ash and coal transfer works at boiler rooms of power plants. 60 6) Individuals working at
firing, ash and coal transfer works at boiler rooms of any kind of boiler 60 at thermal power plants. 6) Aluminium factories 1)
Individuals working at aluminium oxide production. 60 2) Individuals working at
aluminium bronze preparation works. 60 3) Individuals working at
aluminium metal production works. 60 7) Iron and steel
factories 1) Individuals working at
transforming ore to iron in iron melting factories and kilns and 90 casting rooms of pipe
factories. 2) Individuals working at
works done at second degree kilns and converters in annexes or 90 details of steel mills
and in steel producing kilns. 3) Individuals working at
transportation of liquid state iron and steel with installation and 90 tools or mechanical ways. 4) Individuals working at
transportation and treatment of hot or liquid state cinders. 90 5) Individuals working at
cutting and preparing semi product parts at red - hot state in 90 works carried out in
installations and tools feeding the rolling mill with red - hot or liquid state steel or iron at rolling mills
(except the ones operating with cold iron) kilns and roller series. 8) Casting factories 1) Individuals working at
casting moulds and cores and works for making ready for casting. 60 2) Individuals working at
works for preparing casting charge and readying any kind of metal 60 melting kilns for
casting. 3) Individuals working at
metal melting and casting works. 60 9) Acid producing factories 1) Individuals working at
preparing raw materials for acid. 90 and workshops 2 )
Individuals working at stages of acid production. 90 3) Individuals working at
obtaining acid from flue gasses. 90 10) Underground works |