LAW FOR ASSESSMENT OF THE TIME SPENT ABROAD BY TURKISH
CITIZENS WITH REGARD TO SOCIAL SECURITY MATTERS¹
Law Number : 3201
Date of Enactment : 8/5/1985
Published on Official Journal : Date: 22/5/1985 No.: 18761
Published on Code : Group: 5 Vol.: 24 Pages: 401
Purpose and Scope
Article 1 – (Amended: 17/4/2008-5754/79 Art.) After the date when Turkish citizens
turn 18 years old, in the event that they would have not paid premiums to the social security
institutions specified in this Law, the periods of documented insurance spent as a Turkish
citizen and the unemployment periods, up to one-year for each at the end of or in the intervals
of these periods, along with the periods spent abroad as a housewife, shall be assessed on their
request, in terms of social security matters in accordance with the provisions of this Law.
Definitions
Article 2 - For the purposes of this Law:
a) (Amended: 17/4/2008-5754/79 Art.) Social security institutions; shall mean Social
Security Institution and Funds which are subject to Provisional Article 20 of the Social
Insurances Law No. 506 dated 17/7/1964,
b) (Amended: 17/4/2008-5754/79 Art.) Social Security Laws; shall mean Social
Insurances and Universal Health Insurance Law No. 5510 dated 31/5/2006 and Provisional
Article 20 of the Social Insurances Law No. 506 dated 24/5/1983 and the Law No. 2829
Joining Services Spent Subject to Social Security Institutions, and amendments and
appendixes to this Law,
c) Assessment of Periods; shall mean the assessment on request, of the periods
specified in article 1 of those who possess Turkish citizenship,
d) (Abrogated 17/4/2008-5754/79 Art.)
Institutions to apply to ²
Article 3 – (Amended: 17/4/2008-5754/79 Art.)
Individuals mentioned in Article 1 of this law and the Turkish citizen right holders of
insured who have deceased during working abroad or after the definite return to home country
shall benefit from the rights established by the Law by means of applying either to Social
Security Institution if the deceased has no history of service subject to any social security
agency in Turkey, or to the latest social security agency which the deceased is subject to if he
or she has.
The debit processes of those granted partial pension to themselves or their right
holders by means of execution of the social security agreements, shall be executed by the
social security institution from which they receive pension.
¹ currency statements involved in this Law were abrogated by the article 106 of Law No. 5510 which amended by the articles 64 of the Law
No. 5754 dated 17/4/2008..
² The title of this article being ‘’Institutions to apply to’’, it has been changed as used in the text of article 79 of the Law no. 5754 dated
17/4/2008
Debit sum and refunding of the debit sum ¹
Article 4 – (Amended: 17/4/2008-5754/79 Art.)
Debit sum, to be accrued for each day of debit, shall be 32 % of the daily earnings
which is to be selected among the minimum and maximum daily earnings subject to
premiums specified in article 82 of the Social Insurances and Universal Health Insurance Law
No. 5510 on the date of application. However, Board of Ministers is authorized to determine a
different sum for the lowest limit constituting the basis for the debit sum, provided that it is
not below the minimum daily earning subject to premium. The debited periods shall be
assessed in accordance with the provisions of the last item of article 41 of the Law No. 5510
in case of written claim for grant of pension, on the condition that the definite return to
homeland is the case. The debit sum to be accrued shall be paid, within three months
following the date of notice. The number of the days to pay shall be included in the number of
the premium payment days and the earnings subject to premium. Those who have not paid the
premium debt to be accrued within three months as of the date of notice shall be supposed to
apply again.
The payment made formerly by the individuals who retracted from the debit later and
do not meet the necessary conditions after the debit process starts in order to be granted a
pension and their right holders shall be reimbursed without interest, on their request.
However, the insured individuals or their right holders who request to be debited while
they are abroad shall pay in the currency (…)(2) determined equivalent to the amount of
Turkish Lira, or in the currency of Turkish Lira if they are in Turkey.
¹ The title of this article being ‘’ Assessment on the basis of currency, it has been changed as used in the text of article 79 of the Law no.
5754 dated 17/4/2008.
² currency statements involved in this Law were abrogated by the article 106 of Law No. 5510 which amended by the articles 64 of the Law
No. 5754 dated 17/4/2008
Establishing the period and the start of insurance
Article 5 – (Amended first clause: 17/4/2008-5754/79 Art) On establishing the
insurance periods abroad, the number of days shall be counted down as of the final date
among the dates specified in the documents of proof which the claimant submits, in this
calculation one year is counted as 360 days and one month as 30 days.
The number of days debited by whom have rendered services subject to social security
laws shall be included in the total number of the premium payment days and related services.
If the periods prior to the start date of insurance status are debited, the start date shall be taken
back equal to the number of days in debt.
The beginning of insurance status of the claimants who have not rendered service
subject to social security institutions shall be the date which is taken back equal to the number
of days in debt from the date they completely paid their debts.
(Appended paragraph: 17/4/2008-5754/79 Art.) In order to determine the insurance
status that the periods of foreign service debt is deemed to be passed in accordance with the
Social Insurances and Universal Health Insurance Law No. 5510; the latest insurance status
on the date of claim is used as a base if they have insured periods in Turkey; if not, the
insurance status specified within the scope of item (b) of paragraph one of article 4 of the
same Law.
. (Appended paragraph: 17/4/2008-5754/79th Art.) For the individuals who became
indebted their service periods passed in a contracted country according to this Law, the start
date to work in a contracted country for the first time shall not be counted as the start date of
work entry.
Pension Grant and Starting Day of Pension
Article 6 – A) For a grant of pension based on periods assessed according to this Law;
a) the claimant needs to have returned homeland for settlement,
b) the claimant needs to have completely paid off the debt (...)¹ accrued,
c) After completely paying off the debt (...)¹, the claimant needs to apply with a
written request.
(Amended last paragraph: 17/4/2008-5754/79th Art.) The pensions of the
individuals who qualified for pension among whom have met the above-listed conditions shall
be granted as of the beginning of the month following the date of written request, in
accordance with the Social Insurances and Universal Health Insurance Law No. 5510 dated
31/5/2006 and with Provisional Article 20 of the Law No. 506.
B) (Amended 17/4/2008-5754/79 Art.) (Amended last paragraph 16/6/2010-
5997/15th Art.) The pensions of the individuals who have been granted pension in
accordance with the provisions of this Law and start to work abroad subject to the legislation
of the foreign country once again or hold a residence based allocation as social insurance or
social assistance shall be terminated as of the date when they resume working abroad or they
start holding residence based allocation. The provisions, in relation to working subject to the
social security support premiums of the Social Insurances and Universal Health Insurance
Law No. 5510 dated 31/5/2006, are implemented to the individuals who start working in
Turkey.
The pensions of the individuals whose residence based allocation has been stopped or
working domestically or abroad have been stopped shall start to be paid as of the beginning of
the month following the date of request, in case of submitting written request for the pension
to be granted again.
¹ currency statements involved in this Law were abrogated by the article 106 of Law No. 5510 which amended by the articles 64 of the Law
No. 5754 dated 17/4/2008..
Procedures of the pension to be granted by Republic of Turkey Pension Fund
Article 7- (Abrogated: 17/4/2008-5754/64th Art.)
Those who are not entitled to benefit from this Law
Article 8 – The individuals who are qualified for pension after having claimed to be
granted pension and have been granted a pension to themselves or their right holders after or
before the date of entry into practice of this Law, in accordance with the social security laws
and the Law No. 2147 dated 30/5/1978, shall not benefit from this Law.
Partial pensions
Article 9 – The partial pensions of individuals who have been granted a partial
pension to themselves or their right holders in accordance with the execution of the provisions
of this Law, with the condition that they completely pay off their debts accrued in accordance
with the provisions of article 4 shall be converted into full pension as of the beginning of the
month following the date when they pay off their debt. In this practice, the number of
sufficient dates for a full pension on the service period statement sent by the social insurance
institutions of the contracted country in terms of the accrue of the amount of the debt shall be
taken in account.
However, the individuals or their right holders may be indebted the entire number of
the days on the service statement as well.
Refunding of the premiums formerly transferred as per social security
agreements
Article 10 – In case of providing the premiums paid into the social security
institutions for account of Turkish citizens to be transferred to Turkey as per bilateral
agreements between the countries;
a) For those who have completely paid off the debt (…)¹ accrued following the debit
of the whole periods related to the transferred premiums as per this Law, all of the premiums
transferred,
b) For those who have completely paid off the debt (…)¹ accrued following the debit
of a part of periods related to the transferred premiums as per this Law, the proportional
amount of the transferred premiums corresponding to the periods had been indebted,
shall be refunded to the insurance holder, the right holders or the inheritors by the
competent related social security institutions as equivalent to the amount of Turkish Lira,
based on the currency value on the date of the transfer.
¹ currency statements involved in this Law were abrogated by the article 106 of Law No. 5510 which amended by the articles 64 of the Law
No. 5754 dated 17/4/2008.
Article 11 – (Abrogated: 3117/54/20068-5510754/10664th Art.)
Regulation
Article 12 – The bases relevant to the execution of this Law shall be regulated by the
Regulation to be jointly issued within three months by the Ministry of State and, Deputy
Prime Ministry, the Ministry of Finances and Customs and the Ministry of Labor and Social
Security.
Provisional Article 1 through 4 – (Abrogated: 31/5/2006-5510/106th Art.)
Provisional Article 5 – (Appended: 17/4/2008-5754/79th Art.) In terms of being
indebted of services, which spent abroad after or before the effective date of this article, of
participants subject to the Republic of Turkey Pension Fund Law No. 5434 dated 8/6/1949
before the date of entry into practice of this article; shall be calculated by assigning, to the last
classes and degrees that those concerned had because of their services subject to the Fund
before they left Turkey, a class to each three years and a degree for each year of the period
they spent abroad and want to be indebted for, provided that not to exceed the education based
classes that they can reach in article 36 of Public Servants Law No. 657, by taking the
amounts as a base which are to be figured by multiplying class, grade and supplementary
scales, with the total of all elements of monthly estimation which is the basis for retirement
deduction, according to indebting deductions and corresponding ratios again at that date.
Provisional Article 6 – (Appended: 17/4/2008-5754/79th Art.) In terms of the
individuals who are Turkish citizens residing in Turkey and were subjected to the forced
migration from non-contracted countries between 1/1/1989 and the effective date of this
article, in relation to be granted to old age pension, the services periods which spent abroad
and documented shall be assessed with regard to the social security status of them by means
of being indebted according to this law, provided that they do not receive income or pension
from social security institutions, including the Law No. 2022 dated 1/7/1976.
Provisional Article 7 – (Appended: 17/4/2008-5754/79 Art.) Of the individuals who
have requested service debt before the date of entry into practice of this article; the vested
rights of those, whose debts have been accrued, debt accrual process has been ongoing,
accrued debts have been being paid and pensions were granted to taking into consideration of
the foreign services they debited shall be reserved.
The foreign debit periods, before the effective date of the Law No. 5510, of the
individuals who for the first time start working as insured after the effective date of the Law
No. 5510 within the scope of item (c) of the paragraph one of article 4 of the same Law shall
also be assessed within the context of item (b) of paragraph one of article 4 of the same Law.
About the calculation of the pensions of these individuals, the provisions of the provisional
article 2 of the Law No. 5510 shall be applied.
In respect of the execution of this Law, paragraph one of article 4, article 82, item 24
of paragraph one of article 106, and paragraph 4 of the provisional article 7, of the Law No.
5510 shall be deemed to be come into force on the publication date of this article.
Provisions abrogated
Article 13 - The Law No. 2147 dated 30/5/1978 has been abrogated.
Enforcement
Article 14 – This Law shall take effect on the date of its publication.
Execution
Article 15 – The provisions of this Law shall be implemented by the Council of
Ministers.
CITIZENS WITH REGARD TO SOCIAL SECURITY MATTERS¹
Law Number : 3201
Date of Enactment : 8/5/1985
Published on Official Journal : Date: 22/5/1985 No.: 18761
Published on Code : Group: 5 Vol.: 24 Pages: 401
Purpose and Scope
Article 1 – (Amended: 17/4/2008-5754/79 Art.) After the date when Turkish citizens
turn 18 years old, in the event that they would have not paid premiums to the social security
institutions specified in this Law, the periods of documented insurance spent as a Turkish
citizen and the unemployment periods, up to one-year for each at the end of or in the intervals
of these periods, along with the periods spent abroad as a housewife, shall be assessed on their
request, in terms of social security matters in accordance with the provisions of this Law.
Definitions
Article 2 - For the purposes of this Law:
a) (Amended: 17/4/2008-5754/79 Art.) Social security institutions; shall mean Social
Security Institution and Funds which are subject to Provisional Article 20 of the Social
Insurances Law No. 506 dated 17/7/1964,
b) (Amended: 17/4/2008-5754/79 Art.) Social Security Laws; shall mean Social
Insurances and Universal Health Insurance Law No. 5510 dated 31/5/2006 and Provisional
Article 20 of the Social Insurances Law No. 506 dated 24/5/1983 and the Law No. 2829
Joining Services Spent Subject to Social Security Institutions, and amendments and
appendixes to this Law,
c) Assessment of Periods; shall mean the assessment on request, of the periods
specified in article 1 of those who possess Turkish citizenship,
d) (Abrogated 17/4/2008-5754/79 Art.)
Institutions to apply to ²
Article 3 – (Amended: 17/4/2008-5754/79 Art.)
Individuals mentioned in Article 1 of this law and the Turkish citizen right holders of
insured who have deceased during working abroad or after the definite return to home country
shall benefit from the rights established by the Law by means of applying either to Social
Security Institution if the deceased has no history of service subject to any social security
agency in Turkey, or to the latest social security agency which the deceased is subject to if he
or she has.
The debit processes of those granted partial pension to themselves or their right
holders by means of execution of the social security agreements, shall be executed by the
social security institution from which they receive pension.
¹ currency statements involved in this Law were abrogated by the article 106 of Law No. 5510 which amended by the articles 64 of the Law
No. 5754 dated 17/4/2008..
² The title of this article being ‘’Institutions to apply to’’, it has been changed as used in the text of article 79 of the Law no. 5754 dated
17/4/2008
Debit sum and refunding of the debit sum ¹
Article 4 – (Amended: 17/4/2008-5754/79 Art.)
Debit sum, to be accrued for each day of debit, shall be 32 % of the daily earnings
which is to be selected among the minimum and maximum daily earnings subject to
premiums specified in article 82 of the Social Insurances and Universal Health Insurance Law
No. 5510 on the date of application. However, Board of Ministers is authorized to determine a
different sum for the lowest limit constituting the basis for the debit sum, provided that it is
not below the minimum daily earning subject to premium. The debited periods shall be
assessed in accordance with the provisions of the last item of article 41 of the Law No. 5510
in case of written claim for grant of pension, on the condition that the definite return to
homeland is the case. The debit sum to be accrued shall be paid, within three months
following the date of notice. The number of the days to pay shall be included in the number of
the premium payment days and the earnings subject to premium. Those who have not paid the
premium debt to be accrued within three months as of the date of notice shall be supposed to
apply again.
The payment made formerly by the individuals who retracted from the debit later and
do not meet the necessary conditions after the debit process starts in order to be granted a
pension and their right holders shall be reimbursed without interest, on their request.
However, the insured individuals or their right holders who request to be debited while
they are abroad shall pay in the currency (…)(2) determined equivalent to the amount of
Turkish Lira, or in the currency of Turkish Lira if they are in Turkey.
¹ The title of this article being ‘’ Assessment on the basis of currency, it has been changed as used in the text of article 79 of the Law no.
5754 dated 17/4/2008.
² currency statements involved in this Law were abrogated by the article 106 of Law No. 5510 which amended by the articles 64 of the Law
No. 5754 dated 17/4/2008
Establishing the period and the start of insurance
Article 5 – (Amended first clause: 17/4/2008-5754/79 Art) On establishing the
insurance periods abroad, the number of days shall be counted down as of the final date
among the dates specified in the documents of proof which the claimant submits, in this
calculation one year is counted as 360 days and one month as 30 days.
The number of days debited by whom have rendered services subject to social security
laws shall be included in the total number of the premium payment days and related services.
If the periods prior to the start date of insurance status are debited, the start date shall be taken
back equal to the number of days in debt.
The beginning of insurance status of the claimants who have not rendered service
subject to social security institutions shall be the date which is taken back equal to the number
of days in debt from the date they completely paid their debts.
(Appended paragraph: 17/4/2008-5754/79 Art.) In order to determine the insurance
status that the periods of foreign service debt is deemed to be passed in accordance with the
Social Insurances and Universal Health Insurance Law No. 5510; the latest insurance status
on the date of claim is used as a base if they have insured periods in Turkey; if not, the
insurance status specified within the scope of item (b) of paragraph one of article 4 of the
same Law.
. (Appended paragraph: 17/4/2008-5754/79th Art.) For the individuals who became
indebted their service periods passed in a contracted country according to this Law, the start
date to work in a contracted country for the first time shall not be counted as the start date of
work entry.
Pension Grant and Starting Day of Pension
Article 6 – A) For a grant of pension based on periods assessed according to this Law;
a) the claimant needs to have returned homeland for settlement,
b) the claimant needs to have completely paid off the debt (...)¹ accrued,
c) After completely paying off the debt (...)¹, the claimant needs to apply with a
written request.
(Amended last paragraph: 17/4/2008-5754/79th Art.) The pensions of the
individuals who qualified for pension among whom have met the above-listed conditions shall
be granted as of the beginning of the month following the date of written request, in
accordance with the Social Insurances and Universal Health Insurance Law No. 5510 dated
31/5/2006 and with Provisional Article 20 of the Law No. 506.
B) (Amended 17/4/2008-5754/79 Art.) (Amended last paragraph 16/6/2010-
5997/15th Art.) The pensions of the individuals who have been granted pension in
accordance with the provisions of this Law and start to work abroad subject to the legislation
of the foreign country once again or hold a residence based allocation as social insurance or
social assistance shall be terminated as of the date when they resume working abroad or they
start holding residence based allocation. The provisions, in relation to working subject to the
social security support premiums of the Social Insurances and Universal Health Insurance
Law No. 5510 dated 31/5/2006, are implemented to the individuals who start working in
Turkey.
The pensions of the individuals whose residence based allocation has been stopped or
working domestically or abroad have been stopped shall start to be paid as of the beginning of
the month following the date of request, in case of submitting written request for the pension
to be granted again.
¹ currency statements involved in this Law were abrogated by the article 106 of Law No. 5510 which amended by the articles 64 of the Law
No. 5754 dated 17/4/2008..
Procedures of the pension to be granted by Republic of Turkey Pension Fund
Article 7- (Abrogated: 17/4/2008-5754/64th Art.)
Those who are not entitled to benefit from this Law
Article 8 – The individuals who are qualified for pension after having claimed to be
granted pension and have been granted a pension to themselves or their right holders after or
before the date of entry into practice of this Law, in accordance with the social security laws
and the Law No. 2147 dated 30/5/1978, shall not benefit from this Law.
Partial pensions
Article 9 – The partial pensions of individuals who have been granted a partial
pension to themselves or their right holders in accordance with the execution of the provisions
of this Law, with the condition that they completely pay off their debts accrued in accordance
with the provisions of article 4 shall be converted into full pension as of the beginning of the
month following the date when they pay off their debt. In this practice, the number of
sufficient dates for a full pension on the service period statement sent by the social insurance
institutions of the contracted country in terms of the accrue of the amount of the debt shall be
taken in account.
However, the individuals or their right holders may be indebted the entire number of
the days on the service statement as well.
Refunding of the premiums formerly transferred as per social security
agreements
Article 10 – In case of providing the premiums paid into the social security
institutions for account of Turkish citizens to be transferred to Turkey as per bilateral
agreements between the countries;
a) For those who have completely paid off the debt (…)¹ accrued following the debit
of the whole periods related to the transferred premiums as per this Law, all of the premiums
transferred,
b) For those who have completely paid off the debt (…)¹ accrued following the debit
of a part of periods related to the transferred premiums as per this Law, the proportional
amount of the transferred premiums corresponding to the periods had been indebted,
shall be refunded to the insurance holder, the right holders or the inheritors by the
competent related social security institutions as equivalent to the amount of Turkish Lira,
based on the currency value on the date of the transfer.
¹ currency statements involved in this Law were abrogated by the article 106 of Law No. 5510 which amended by the articles 64 of the Law
No. 5754 dated 17/4/2008.
Article 11 – (Abrogated: 3117/54/20068-5510754/10664th Art.)
Regulation
Article 12 – The bases relevant to the execution of this Law shall be regulated by the
Regulation to be jointly issued within three months by the Ministry of State and, Deputy
Prime Ministry, the Ministry of Finances and Customs and the Ministry of Labor and Social
Security.
Provisional Article 1 through 4 – (Abrogated: 31/5/2006-5510/106th Art.)
Provisional Article 5 – (Appended: 17/4/2008-5754/79th Art.) In terms of being
indebted of services, which spent abroad after or before the effective date of this article, of
participants subject to the Republic of Turkey Pension Fund Law No. 5434 dated 8/6/1949
before the date of entry into practice of this article; shall be calculated by assigning, to the last
classes and degrees that those concerned had because of their services subject to the Fund
before they left Turkey, a class to each three years and a degree for each year of the period
they spent abroad and want to be indebted for, provided that not to exceed the education based
classes that they can reach in article 36 of Public Servants Law No. 657, by taking the
amounts as a base which are to be figured by multiplying class, grade and supplementary
scales, with the total of all elements of monthly estimation which is the basis for retirement
deduction, according to indebting deductions and corresponding ratios again at that date.
Provisional Article 6 – (Appended: 17/4/2008-5754/79th Art.) In terms of the
individuals who are Turkish citizens residing in Turkey and were subjected to the forced
migration from non-contracted countries between 1/1/1989 and the effective date of this
article, in relation to be granted to old age pension, the services periods which spent abroad
and documented shall be assessed with regard to the social security status of them by means
of being indebted according to this law, provided that they do not receive income or pension
from social security institutions, including the Law No. 2022 dated 1/7/1976.
Provisional Article 7 – (Appended: 17/4/2008-5754/79 Art.) Of the individuals who
have requested service debt before the date of entry into practice of this article; the vested
rights of those, whose debts have been accrued, debt accrual process has been ongoing,
accrued debts have been being paid and pensions were granted to taking into consideration of
the foreign services they debited shall be reserved.
The foreign debit periods, before the effective date of the Law No. 5510, of the
individuals who for the first time start working as insured after the effective date of the Law
No. 5510 within the scope of item (c) of the paragraph one of article 4 of the same Law shall
also be assessed within the context of item (b) of paragraph one of article 4 of the same Law.
About the calculation of the pensions of these individuals, the provisions of the provisional
article 2 of the Law No. 5510 shall be applied.
In respect of the execution of this Law, paragraph one of article 4, article 82, item 24
of paragraph one of article 106, and paragraph 4 of the provisional article 7, of the Law No.
5510 shall be deemed to be come into force on the publication date of this article.
Provisions abrogated
Article 13 - The Law No. 2147 dated 30/5/1978 has been abrogated.
Enforcement
Article 14 – This Law shall take effect on the date of its publication.
Execution
Article 15 – The provisions of this Law shall be implemented by the Council of
Ministers.
