Is ve Sosyal Guvenlik Atolyesi by Dr. Sadettin ORHAN
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 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.

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