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SOCIAL INSURANCE AND UNIVERSAL HEALTH
INSURANCE LAW
Law Number : 5510
Date of Enactment : 31/5/2006
Published on Official Journal : Date: 16/6/2006 No.: 26200
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 4. In case the individuals, to who work 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.
ı) 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.
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 (ı) 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 (ı) 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.
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.
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(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.
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(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 4, a female who receives income or pension due to her own works or spouse of a male insurance 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.
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(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 80 in the 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.
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(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 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 17 in inpatient treatments and two thirds of the same in outpatient treatments.
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.
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(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 17, in accordance with provisions of 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.
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(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.
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(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 29, in proportion to the number of post – retirement paid premium days.
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 20 in case receiving education in high school or equivalent, or the age
of 25 in case receiving higher education; or
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.
25
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.
Numb
Concerned
er of
Concerned Insurance Holders days
Works/Workplaces to be
added
1) Lead and arsenic
1) Who work in mine works for mining ores such as galenite, serusite, anglesite where
works 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
90
materials.
4) Individuals working at works for removing dry dust accumulated at condensation
chambers 90
of lead melting kilns.
2) Glass factories and 1) Individuals working at powdering, screening, mixing and drying works for primitive
workshops materials in
glass production (in case automatic machines in fully closed chambers or aeration 60
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. 60
3) Individuals working at firing works. 60
4) Individuals working at blowing works (unless they work with fully automatic
60
machines).
5) Individuals working at pressurized glass works (glass pressure works) 60
6) Individuals working at crucible pouring works for mirror glass production (in case
60
crucibles are not transported with mechanical tools to the mould desk).
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
1) Individuals working at works for crushing, crumbling, grinding, screening and mixing
4) Cement factories 60
primitive materials.
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).
1) Individuals working at firing, kiln cleaning, generator, filling, emptying and cleaning
60
5) Coke factories and
works.
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
60
passes.
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
60
plants.
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
works carried out in installations and tools feeding the rolling mill with red – hot or liquid
90
state steel
or iron at rolling mills (except the ones operating with cold iron) kilns and roller series.
1) Individuals working at casting moulds and cores and works for making ready for
8) Casting factories 60
casting.
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
1) Individuals working at preparing raw materials for acid. 90
factories
and workshops 2) Individuals working at stages of acid production. 90
3) Individuals working at obtaining acid from flue gasses. 90
Individuals working at mines (excluding mercury mines where elementary mercury is
10) Underground works
found), 180
underground works such as sewer system and tunnel production.
11) Works done with Individuals working with natural or artificial radioactive, radioionizing materials or other
radioactive corpuscular
90
and radioionizing
emanation sources.
materials
12) Under water or in
1) Individuals working at works requiring to work under water in pressurized air down to
pressurized 60
air under water a depth of 20 – 35 meters or at a pressure 2 – 3.5 kg/cm2.
2) Individuals working at works requiring to work under water in pressurized air down to
90
a depth of 35 – 40 (40 not included) meters or at a pressure 3.5 – 4 (4 not included)
kg/cm2.
3) Individuals working at scuba works. 90
29
13) Turkish Armed Officers, reserve officers, non-commissioned officers, specialist gendarme, and enlisted
90
Forces specialists.
14) Police forces, Police officers, assistant high ranking police officers, high ranking police officers, heads
National of
Intelligence
high ranking police officers, chief police officers, police directors and police officers and
Organization 90
National Intelligence Organization officers at higher wage and degrees including the
periods in
candidate, provided that permanent position is approved.
15) Fire department and
fire extinguishing Individuals working at fire extinguishing works 60
works
The actual service term increment calculated pursuant to the provision of paragraph one of this Article shall be added to the
number of paid premium days in long term insurance branches, not over eight years for insurance holders in row numbers (13)
and (14) of the above table and not over five years for others. Half of such periods, not exceeding three years, shall be reduced
from retirement age limits. The period limit stipulated in this paragraph shall not be applicable to the insurance holders in row
number (10) of the table.
In order to be qualified for the age limit reductions indicated in the above paragraph, the insurance holders in row number (10)
of the table should have worked minimum 1800 and the other insurance holders should have worked minimum 3600 days at
stated workplaces and works, excluding death and invalidity cases.
The procedures and principles for the execution of this Article shall be regulated by a regulation to be issued by the Ministry
upon recommendation of the Institution.
Periods for which service indebting is allowed
ARTICLE 41 – For the insurance holders under this Law;
a) (Amended: 17/4/2008 – 5754/67th Art.) unpaid birth or maternity leave terms granted pursuant to Laws and terms requested
by female insurance holders under item (b) of paragraph one of Article 4, for twice, but not exceeding two – year period
following the date of birth, provided that the concerned individual does not work at workplace on service contract and the child
lives,
b) terms under arms or at reserve officer schools for privates and enlisted specialists,
c) for the individuals under item (c) of paragraph one of Article 4, terms of leave without pay pursuant to personnel legislation,
d) terms of doctorate or specialty education, in or out of country, for doctorate education or specialty in medicine without being
insurance holders,
e) normal internship terms for individuals who fulfil their lawyer internship without being insurance holders,
f) for the insurance holders who are arrested or placed under police custody for any offence and then acquitted from such
offence, the term under arrest or police custody,
g) terms under strike or lock – out (…) (1) ,
h) terms under voluntary assistantship for medical doctors,
ı) for the individuals who resign from their duties due to election laws, the unemployed terms between the date of resignation
and the beginning of the month following the date of election,
shall be counted from their insurance status, upon written request of themselves or of their right holders, by placing the
insurance holders under debt, provided that they pay their premiums, to be calculated over 32% of the daily earning to be
determined by themselves, within one month following the date of notification of the debt, and that the amount is in the range
of lower and upper limits of daily earning subject to premium determined in accordance with Article 82 on the date of request.
New application condition shall be sought for the debts not paid within one month. The terms of debt of which premiums are
not paid shall not be counted as service. The Institution is authorized to determine how the debt terms will be documented.
In case of getting into debt for periods before the starting date of the insurance determined in accordance with this Law, the
starting date of insurance shall be taken back equal to the number of days in debt. In case an individual is qualified for putting
on pension with getting into insurance debt, then the concerned individuals shall be put on pension starting from the beginning
of month following the date of payment of the debt.
–––––––––––––––
(1) With Article 67 of Law Number 5754 of 17/4/2008; the term “and for
individuals who are accepted by the employer to be on unpaid leave during sector – specific or general economical crisis acceptable by the
Institution, such terms not exceeding 3 months for each year” present at this location is abrogated.
The terms under debt, in terms of long term insurance and universal health insurance, shall be evaluated as insurance term in
accordance with,
a) the relevant item of paragraph one of Article 4 at the date of getting into debt for debtors in accordance with items (a), (b),
(d), (e), (f), (g) and (h) of paragraph one,
b) the item (c) of paragraph one of Article 4 for debtors getting into debt in accordance with items (c) and (ı) of paragraph one.
In the service debts belonging to periods after the effective date of this Law, number of premium days in debt shall be
attributed to the relevant months. The selected earning subject to premium shall be put into proportion with the minimum
earning subject to premium as of the payment date of the debt, and the said ratio shall be multiplied with the minimum earning
subject to premium of the relevant month. The found amount shall be accepted as the earning subject to premium of the
relevant month. However, the calculated earning subject to premium shall not exceed in any case the maximum earning subject
to premium of that month.
Notification (1)
ARTICLE 42 – The Institution shall calculate and determine the income, pension or single payments payable to the insurance
holder or right holders, within maximum three months following the date of completion of necessary documents and
examinations, and shall notify the results in written. (Abrogated final two sentences: 17/4/2008 – 5754/67th Art.)
PART FIVE
Provisions on Public Servants
Pensions of individuals working at Office of President, Presidency of Turkish Grand National Assembly and Office of
Prime Minister
ARTICLE 43 – Presidents of Republic, who resign from the office for any reason, shall, upon their request, be put on old – age
pension, at the rate of 40% of the monthly benefit payable to the President of Republic at the date of request, starting from the
beginning of the month following the date of application.
However, President of Republic who resigns from office for any reason is qualified for old – age pension pursuant to Article 28,
then old – age pension shall be calculated separately in accordance with Article 29 and the higher among these amounts shall be
payable as old – age pension. The entire pension payable in accordance with paragraph one in case the President of Republic is
qualified for pension pursuant to Article 28, or the difference in between if the President of Republic is qualified for pension
pursuant to Article 28 and the pension calculated pursuant to Article 29 is lower than the pension under paragraph one, shall be
collected from the Treasury.
Presidents of Turkish Grand National Assembly or Prime Ministers who resign from the office for any reason, shall, upon their
request, be put on old – age pension at 75% of the pension payable to the President of Republic, based on 40% of the monthly
benefit paid to the President of Republic at the date of request.
––––––––––
(1) The title of this part was “Notification and objection”; however it is
amended by Article 65 of Law Number 5754 of 17/4/2008 as applied in the text.
However, President of Turkish Grand National Assembly or Prime Minister who resigns from office for any reason is qualified
for old – age pension pursuant to Article 28, then old – age pension shall be calculated separately in accordance with Article 29
and the higher among these amounts shall be payable as old – age pension. The entire pension payable in accordance with
paragraph three in case the individual is qualified for pension pursuant to Article 28, or the difference in between if the
individual is qualified for pension pursuant to Article 28 and the pension calculated pursuant to Article 29 is lower than the
pension under paragraph three, shall be collected from the Treasury.
The right holders of President of Republic, President of Turkish Grand National Assembly or Prime Minister who are deceased
while in or after resigning from office shall receive the pension calculated in accordance with this Article shall be payable as
survivors pension pursuant to the provisions of Article 34.
Incomes and pensions payable under this Article shall be increased pursuant to the provisions of paragraph two of Article 55.
Cases where certain public servants are put on old – age pension
ARTICLE 44 – The following provisions shall be applied on putting certain public servants, who are deemed to be insurance
holders under item (c) of paragraph one of Article 4 of this Law, on pension in executing the provisions of this Law:
a) In case the number of paid premium days is 5400, the individuals who retire due to age limit pursuant to Article 40 of
Turkish Republic Pension Fund Law Number 5434,
b) In case the number of paid premiums is 9000, the individuals who are transferred to retirement due to lack of position
pursuant to special laws, without seeking age condition,
shall be put on old – age pension.
Among the insurance holders under item (b) of paragraph one of Article 4, military officers, non-commissioned officers,
military servants, specialized gendarme and professional enlisted specialists shall be put on old – age pension, by their
institutions acting sua sponte, based on their professional records due to judgment on morality or insufficiency or to
disciplinary issues, or on judgments of military courts, and other individuals who are transferred to retirement by their
institutions based on their professional records pursuant to regulation because of morality or insufficiency shall be put on
pension, provided that the limits for age and number of paid premium days stated in paragraphs two and three of Article 28 are
fulfilled.
The old – age pensions applied pursuant to items (a) and (b) of paragraph one shall be collected from the public administrations
employing such individuals until the limits for age and number of paid premium days stated in paragraphs two and three of
Article 28 are fulfilled.
Insurance statuses and premiums of individuals suspended of office, arrested or removed from duty due to Laws
ARTICLE 45 – Among the insurance holders, who are suspended of office, arrested or put under police custody for any
offence whether related with the duty or not, from the ones under item (c) of paragraph one of Article 4 of this Law, the
individuals who are qualified to partial pension due to laws shall be subject to premium over the half of their earnings and the
ones who are qualified to full pension by returning to office after such periods due to laws shall be subject to premium over the
full earnings subject to premium. (Appended sentence: 17/4/2008 – 5754/66th Art.) The number of paid premium days of the
ones who are charged with premiums over the half of the earnings subject to premium shall be calculated half of such periods.
The premiums of the individuals who are removed from office and then returned to office due to court judgment shall be
calculated based on the earning subject to premium of his/her own or equivalent staff position for the period between the dates
of removal from and returning to office. Default penalties and default increments of insurance holder and employer shares of
the premiums of such individuals shall be payable by their institutions and these periods shall be counted from the insurance
term.
Additional notification shall be prepared and submitted to the Institution for the individuals whose insurance status changes due
to paragraph one and two, and in such a case, provisions of Article 102 shall not be applicable.
The condition of paying 30 days premium stipulated in Article 67 of this Law shall not be sought for unpaid leave periods of
the insurance holders who start to office after the end of their unpaid leave periods they used pursuant to relevant laws and who
are on unpaid leave for a period of one year or less with the periods granted for starting to office, among the insurance holders
under item (c) of paragraph one of Article 4 of this Law. (1)
Earnings subject to premium and upper limit of earnings subject to premium of certain public servants
ARTICLE 46 – (Amended: 17/4/2008 – 5754/26th Art.)
The premium of the difference between the school allowances of cadets attending to military academies, faculties and high
schools on account of armed forces and candidates who are receiving education in non-commissioned officer high schools and
basic military training to be commissioned as non-commissioned officers and the earnings subject to premium of the lieutenant
or non-commissioned officer of the fourth rank receiving the lowest pension depending on relevance, and the premium of the
difference between the school allowances of students attending to police academies, faculties and high schools on account of
General Directorate of Police and the earnings subject to premium of the assistant ranking police officers or police officers
shall be payable by the Institution on behalf of students.
Successful education periods of individuals who are commissioned as officers or non-commissioned officers after attending to
faculties or high schools on their own accounts or who are commissioned as officers following their service as reserve officer
and who are assigned as assistant ranking police officers or officers after attending to faculties and high schools on their own
accounts shall be included in service term, over the earnings subject to premium of the lieutenant or non-commissioned officer
of the fourth rank receiving the lowest pension depending on relevance or of the assistant ranking police officers or police
officers on the date of getting into service debt, provided that they are placed under debt and have paid the premiums of such
periods. Debt to be calculated in this manner shall be payable in equal instalments in two years following the date of
notification.
For students, who were attending to faculties or high schools on their own accounts but continue to attend on account of
Turkish Armed Forces or General Directorate of Police, provisions of paragraph two shall be applicable on the normal school
periods during which they attended previously on their own accounts.
Among the insurance holders under item (c) of paragraph one of Article 4, who are placed under arms with a rank for drill or
manoeuvre, for the ones whose earnings subject to premium of their ranks are higher than the earning subject to premium of
their duties, the difference of earnings subject to premium shall be deducted from the institution in which they are charged with
duty, and for the ones who are placed under arms for mobility or war, whose earning subject to premium of their duties are
higher than earnings subject to premium of their ranks, the difference of earnings subject to premium shall be deducted from
the institution which pay the earnings subject to premium of their ranks, and these shall be payable to the Institution.
Upper limit stipulated in Article 82 shall not be sought in determining the earnings subject to premium of insurance holders
under item (c) of paragraph one of Article 4. In the calculation of earnings subject to premium of the insurance holders under
item (c) of paragraph one of Article 4, who are charged with temporary or permanent abroad duties, where they are not
considered on unpaid leave and their connection with the personnel law they are subject to continues, for the individuals sent
on temporary mission, the earning subject to premium of staff position they occupy shall be taken as basis, whereas for the
individuals assigned to abroad staff positions, the higher of earnings subject to premium of the staff position they are assigned
to and the domestic staff position before assignment shall be taken as basis. Upon comment of the concerned public
administration, the Institution and the Ministry of Finance are jointly authorized to determine the elements and amounts of the
payments which are not determined depending on the said staff position pursuant to the relevant legislation among the payment
elements to be considered in calculating the earning subject to premium of the abroad staff positions of the individuals assigned
to permanent duties, provided that these are limited with the payment elements benefited by the personnel of the institution
where the individual’s staff position belongs to and that the payments for earnings subject to premium of the same or equivalent
staff positions are considered.
–––––––––––––––
(1) With Article 65 of Law Number 5754 dated 17/4/2008, the term “in
periods granted to start to office” present in this paragraph is amended as “on unpaid leave for a period of one year or less with the periods
granted for starting to office” and the amendment is applied to the text.
Duty disability(1)
ARTICLE 47 – (Amended: 17/4/2008 – 5754/27th Art.)
Provisions on duty disability shall be applied under the following cases to individuals who become insurance holders under
item (c) of paragraph one of Article 4 for the first time after the effective date of this Law. If the disability stated in Article 25
is caused during the insurance holders’ carrying out their duties or carrying out other duties of any public administration to
which they are charged with duty by their won administrations out of their duties, or while carrying out a work for defending
the interests of their institutions, or by an accident occurred during going to or coming from work or occurred at the workplace,
then such disability shall be called as duty disability and such individuals as disabled of duty.
If duty disability is caused by;
a) abusing stupefacient substances, spirits or any kind of substances,
b) acting in violation of Law, regulation and orders,
c) committing prohibited actions,
d) committing suicide,
e) with the purpose of driving benefits or harming to oneself or others, in whatsoever manner,
then the provisions of duty disability shall not be applicable for such individuals.
Public administrations are obliged to communicate the incident causing duty disability, immediately to the authorized police
forces or to competent authorities of that location depending on their legislation and within maximum fifteen days to the
Institution. Communication to the Institution may be made by the insurance holders or their right holders within the same
period of time. Excluding the case where the public administrations communicate the incident causing duty disability to the
competent authorities, notification of the concerned parties shall not relieve the public administrations from their responsibility
of notifying.
The period of notifying the Institution shall start from;
a) the date on which the incident causing duty disability occurs,
b) for individuals about whom provisions of duty disability will be applied due to causes and qualities of their sickness, the date
of prepared final report stating that the treatment of their sickness is impossible,
c) in cases of captivity and disappearance, the date these cases end.
Duty disability pensions of which notification is submitted in due time shall be payable starting from the beginning of the
month following the termination date of duty due to death or disability of the insurance holder.
The insurance holders who do not make notification within due time for duty disability shall be put on duty disability pension
or their pensions will be corrected considering the time limit provisions of this Law, upon delayed notification of public
administrations or insurance holders or their right holders, provided that duty disability is documented and that they are
qualified. In such a case, the total amount up to the date of notification of disability duty of the pensions or differences of such
payable to the insurance holder or right holders shall be collected by the Institution from the concerned public administration.
–––––––––––––––
(1) The title of this Article was “Duty disability, war disability and disability
increment payable to the war disabled and permanent incapacity amount payable to the duty disabled”; however, with Article 27 of Law
Number 5754 dated 17/4/2008 it is amended as applied to the text.
The pension for duty disability shall be payable to duty disabled whose total number of paid premium days to be found by
adding the nominal service terms;
a) are up to 10800 days, shall be calculated over 10800 days,
b) over 10800 days, shall be calculated over the total number of paid premiums, considering the final earning subject
to premium, and also making increments at the pensions to be calculated pursuant to Article 29 at the following rates based on
their degree of disability:
Degree of disability Increment rate
1 % 30
2 % 23
3 % 15
4 %7
5 %3
6 %2
Among officers, non-commissioned officers, specialist gendarme, professional enlisted specialists and insurance holders under
item (c) of paragraph one of Article 4 charged with duty by Turkish Armed Forces, the ones who are duty disabled;
a) under actual fire at war,
b) at war, during war operations and services at war zones, due to causes and effects of such operations and services,
c) at war or at war preparation stage due to the effect of any kind of enemy weapons,
d) during domestic discipline or border actions which require military operations, due to causes and effects of such actions,
e) at peace or extraordinary cases, for aviators flying on order or mission and the ones found on aircraft charged with duty on
order, whatsoever their professions or classes are, due to air – or land – borne causes, and for divers diving on order or mission
and the ones found on submarine or diving detachment charged with duty on order, whatsoever their professions and classes
are, due to various causes and effects of submarinership or diving,
f) in cases where Turkish Armed Forces are required to be sent to foreign countries pursuant to Article 92 of the Constitution or
to international conventions to which Turkey is a part, starting from the departure of the units from their present locations, in or
out of country or during return to the country,
shall be called as disabled veterans.
For the professional enlisted specials, three higher degree’s from their present degree; for specialist gendarme, same degree of
one higher rank’s; for non-commissioned officers up to the rank of lieutenant colonel (lieutenant colonel excluded), same level
of one higher rank’s; for lieutenant colonels, the colonel’s; for colonels, senior colonel’s; for senior colonels and generals and
admirals, one higher rank’s; and for insurance holders under item (c) of paragraph one of Article 4 of this Law, one higher
degree’s earning subject to premium shall be payable.
For disabled veterans who do not have a higher degree, earnings subject to premium of the indicator of three levels higher and
for who do not have three levels higher, and earnings subject to premium of the final level of that degree shall be taken as basis.
Based on the degree of disability of the disabled veterans, the amount to be found by multiplying the following indicators with
the public servant pension coefficient shall be added separately as “Disabled veteran increment”.
Degree of disability Indicators
1 1100
2 950
3 800
4 600
5 500
6 400
Disabled veteran increments shall be applied 25% higher, upon positive opinion of Chief of General Staff and approval of the
Ministry of National Defence, to the Turkish Armed Forces personnel and civilian officers charged with duty by Turkish
Armed Forces, who are determined duly by their appropriate superiors that they are disabled while personally ensuring that an
operation concludes successfully and showing a model courage and self – sacrifice.
Survivors pension, including disabled veteran increment if they are qualified to, shall be payable to the right holders of the
deceased, who was taking or should have taken duty disability pension pursuant to this Article.
Advance capital value total to be determined by the Institution for disabled veteran increment payable to the disabled veterans
shall be deposited by the Ministry of National Defence or Ministry of Interior Affairs, within maximum one month, to the
accounts to be indicated by the Institution. Provisions of Article 89 shall be applicable for the amounts not deposited in due
time.
Among the ones put on duty disability pension;
a) provided that the provision of item (c) of Article 5 is preserved, the pensions of the ones who start to work under item (c) of
paragraph one of Article 4 of this Law, excluding the disabled veteran increment of who are put on duty disability pension,
shall be terminated at the payment day following the starting date of work and long term insurance branches shall be applicable
for such individuals. 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. If these and, among the ones to whom long term insurance branches are applied upon their request due to their
working under item (a) of paragraph one of Article 4, the ones who submit written request for again being put on pension or the
ones who are resigned or whose duty is terminated for any reason are qualified for pension in return to their later works, then
pension shall be calculated for this period in accordance with Article 29. Single payment shall be made to the individuals who
are not qualified for old – age pension due to their later works and survivors’ pension or single payment is made to the right
holders in case of decease of insurance holder.
b) in case the degree of disability changes during their working under item (c) of paragraph one of Article 4, the pension shall
be re – calculated considering the new disability degree, over the last earning subject to premium, but not being less than the
first duty disability pension.
c) provision of item (b) of paragraph three of Article 30 shall be applicable to the individuals who start to work subject to other
numbers excluding number 4 of item (b) of paragraph one of Article 4.
A pension to be determined as per this Article shall be payable to the right holders of the deceased insurance holder due to
causes based on duty disability, pursuant to the provisions of Articles 34 and 35. In addition, right owners shall receive funeral
and marriage benefit in accordance with the provisions of Article 37.
Duty disability or disabled veteran pensions payable pursuant to this Article shall not be less than disabled veteran or duty
disability pension payable to the equivalent participant pursuant to the provisions of Law Number 5434, including the Articles
abrogated with this Law.
Among the insurance holders under item (c) of paragraph one of Article 4, who are charged with duty by Republic of Turkey in
international operations for preserving and supporting peace shall receive a separate disabled veteran increment during their
such duties or as long as duty disability pension is paid due to their such duties.
Procedures and principles on the implementation of this Article shall be regulated by the Regulation to be issued by the
Institution.
Approvals for transferring public servants to retirement
ARTICLE 48 – (Amended first paragraph: 17/4/2008 – 5754/28th Art.) Old – age, disability or duty disability transactions
for insurance holders under item (c) of paragraph one of Article 4 shall reach maturity with the approval of;
a) the authority duly competent to assign to the position of the insurance holder in cases of sua sponte transfer to retirement,
b) highest superior of the public administration in cases of request or age limit, disability or duty disability,
c) President of Assembly for members of Turkish Grand National Assembly, municipality council for mayors, office of
governor of province for permanent commission members of provinces, highest superior in the last worked public
administration for individuals whose connection with the public administration is terminated but their insurance right continues
due to a law,
d) highest superior of the institution carrying out the assignment in cases of request, disability and age limits of members to
board of directors of institutions,
e) Office of Prime Minister in cases of request, disability and age limits of President of Council of State, Presidency of Turkish
Grand National Assembly for the same cases of Court of Auditors,
Excluding the provisions of special laws, the approval of the competent authority for transfer to retirement shall not be later
than one month following the date of request. Termination of connection of the individuals assigned on resolution of Council of
Ministers or on joint decree shall reach maturity with the approval of the concerned minister.
No approval is sought for transferring to retirement the individuals who are retired when working at organizations in which the
share of public in capital is reduced under 50% due to privatization and of which sales or transfer is completed. For the
individuals who desire to be retired as per item (b) of paragraph one, their connection is deemed to be terminated after one
month following the date of request in any case.
Nominal service terms and nominal service term premium
ARTICLE 49 – (Amended: 17/4/2008 – 5754/29th Art.)
Nominal service term is the term which is considered in calculation of pensions or single payments payable pursuant to this
Law but not considered in necessary paid premium days, age and retirement bonus calculations in terms of being qualified for
rights granted with this Law. Excluding the increments in the following duties, for each year of the actual service term of the
insurance holders;
a) Actual service terms of officers (including reserve officers), non-commissioned officers, specialist gendarme and
professional enlisted specialists including;
1) who have participated in general or partial mobility causing war, the captivity term from the declaration of war up to the end
date of mobility,
2) who are charged with duty in units which actually partake in domestic discipline actions requiring mobility, the captivity
term from the start of combat up to the end date of mobility,
3) in case, without any war or mobility declaration, a combat occurs, who are under duty in Turkish Armed Forces sent to
foreign countries pursuant to Article 92 of the Constitution or to international conventions to which Turkey is a party, captivity
term during combat or for individuals who return before combat ends, up to date of return to Turkey,
b) actual service terms of civilian officer, private or enlisted specialists who partake in actions under numbers (1), (2) and (3) of
item (a) of this paragraph among the insurance holders as per Article 4, and captivity terms continuing after such dates,
c) actual service terms of the insurance holders who are captivated by enemy in war or interned by enemy and whose
connection with their institutions are not terminated by paying their pensions excluding personnel on contract,
six months of nominal service term shall be added. Nominal service terms to be added for such reasons shall not exceed three
years.
Three months of nominal service term shall be added for each year of actual service term of pilots or non – pilot aviators,
submariners, divers, scuba or parachuters in public administrations passed in such duty. Nominal service term increments shall
be added separately for these who are indicated at numbers (1) and (2) of item (a) of paragraph one of this Article.
At the end of each year, for each thirty day of nominal service term added to the actual service term of the insurance holder
pursuant to the provisions of items (a), (b) and (c) of paragraph one and paragraph two of this Article, a nominal service
premium equal to the amount of insurance holder and employer premiums of invalidity, old – age and survivors insurance paid
on behalf of insurance holder at the final month of the year is collected separately from the employer. Provisions of Article 89
shall be applicable for the amounts not deposited in due time.
PART SIX
Provisions on Optional Insurance
Optional insurance and conditions for it
ARTICLE 50 – Optional insurance is the insurance which allow individuals to be subject to long term insurance branches and
universal health insurance by paying optional premiums.
(Amended second paragraph: 17/4/2008 – 5754/30th Art.) In order to be optional insurance holder, for residents in Turkey
and Turkish citizens who, while residing in Turkey, are at foreign countries with which social security convention is not signed,
the conditions of;
a) not working in a manner to require being subject to compulsory insurance in this Law or working as an insurance holder but
less than 30 days a month or not working full time,
b) not being put on pension due to one’s own insurance,
c) being over the age of 18,
d) applying to the Institution with a optional insurance request petition,
are sought.
Start and end of optional insurance
ARTICLE 51 – (Amended first paragraph: 17/4/2008 – 5754/31st Art.) Optional insurance shall start from the date on
which the application is received in the records of the Institution.
Who are determined to work requiring insurance holder as per Article 4 at dates on which premium is paid as an optional
insurance holder, the paid optional insurance premium periods overlapping the compulsory insurance shall be cancelled and the
premiums paid for such periods shall be returned to the concerned parties.
(Appended paragraph: 17/4/2008 – 5754/31st Art.) In case the insurance holders, who work less than 30 days a month or
whose number of premium payment days in accordance with Article 80 are calculated by total working hours in a month
divided by daily normal working hours laid down in Law Number 4857, pay optional premium insurance in the same month,
then paid premium periods are added to the paid premium days of compulsory insurance not to exceed thirty days and these
added periods shall be deemed to be insurance term under item (b) of paragraph one of Article 4.
Optional insurance shall end, following;
a) the date following the last day of paid premium, for the individuals who request to end optional insurance,
b) the date of request for individuals who request pension, provided that they are qualified for pension,
c) the date of decease of the deceased insurance holder.
Periods in which optional insurance premiums are paid shall be considered in executing the provisions of invalidity, old – age
and survivors insurances and universal health insurance, and such periods shall be deemed to be included in the insurance term
under item (b) of paragraph one of Article 4.
Optional insurance premiums and their payment
ARTICLE 52 – (Amended: 17/4/2008 – 5754/32nd Art.)
Optional insurance premium shall be 32% of the earning subject to premium determined by insurance, between the lower and
upper limit of earning subject to premium determined pursuant to Article 82. 20% of this amount is invalidity, old – age and
survivors’ insurances premium and 12% is universal health insurance premium. For the ones in third paragraph of Article 51,
invalidity, old – age and insurance premiums and universal health insurance premiums are collected over the determined daily
earning and number of days, provided that the figure is in the rage of lower and upper limit of earnings subject to premium
pursuant to Article 82.
Optional insurance holders, even if he/she is a dependant person, shall be deemed to be general insurance holder under item (b)
of paragraph one of Article 60 and shall be obliged to pay universal health insurance premiums. Unless the residence in Turkey
of citizens of foreign countries is not over one year, universal health insurance premium shall not be charged and such
individuals shall not be deemed to be universal health insurance holders.
The terms of which premiums are not paid together with the default fine and default increment to be calculated as per Article
89 within 12 months following the month they belong to shall not be included in the insurance term. Premiums paid following
this 12 – month period shall be refunded in accordance with provisions of paragraph three of Article 89.
In case optional insurance holders have premium debts due to compulsory insurance, then the premiums paid for optional
insurance shall first be deducted from the debts towards the Institution for compulsory insurance.
PART SEVEN
Common Provisions on Short and Long Term Insurance Branches
Joining of insurance statuses
ARTICLE 53 – (Amended first paragraph: 17/4/2008 – 5754/33rd Art.) Where the insurance holder works in a manner to
be subject at the same time to more than one of the insurance statuses in items (a), (b) and (c) of paragraph one of Article 4, the
individual shall be deemed to be insurance holder first under item (c), and if he/she does not have any work under item (c), then
the insurance status which starts first shall be taken as basis.
(Appended paragraph: 17/4/2008 – 5754/33rd Art.) The individuals placed under item (b) of paragraph one of Article 4,
cannot be notified as insurance holders under item (a) of paragraph one of Article 4 due to the owned or partnered workplaces.
(Appended paragraph: 17/4/2008 – 5754/33rd Art.) In case optional insurance holders start to work subject to items (a), (b)
and (c) of paragraph one Article 4, the optional insurance status shall end, provided that paragraph three of Article 51 of this
Law is preserved.
Where the insurance holder’s insurance statuses stated in items (a), (b) and (c) of paragraph one of Article 4 and in items (a)
and (e) of Article 5 overlap, the individual shall be deemed to be insurance holder under Article 4 and provisions of paragraph
one shall be applicable.
In case the insurance holder has paid premiums for the insurance status other than the insurance status under which he/she
should be deemed to be insurance holder pursuant to the provisions of this Article, paid premiums shall be considered to be
paid for and passed under the insurance status taken as basis as per paragraph one.
(Amended paragraph: 17/4/2008 – 5754/33rd Art.) In the old – age pension requests of the insurance holders who are deemed
to be insurance holders for the first time under more than one of the items (a), (b) and (c) of paragraph one of Article 4 starting
from the effective date of this Law, the insurance status having the longest insurance term; in case the service terms are equal
and in cases of disability or death and sua sponte retirement due to age limit, of being assigned or elected to duties of which
terms are stipulated in law and where the insurance status they are subject to is changed by law, then the final insurance status
shall be taken as basis.
Joining of pensions and incomes
ARTICLE 54 – Where the pensions and incomes payable pursuant to this Law are joined;
a) of the long term insurance branches;
1) for the insurance holder qualified for both invalidity and old – age pensions, only the old – age pension if the pensions are
equal,
2) for the insurance holder qualified for invalidity, duty disability or old – age pension and for pension due to deceased spouse,
both pensions, (1)
3) for children qualified separate pensions from mother and father, all of the higher pension and half of the lower one,
4) for mother and father qualified for pension from more than one child, all of the pension from first two files allowing the
highest payment and the half of the lower one,
5) (Amended: 17/4/2008 – 5754/34th Art.) for individuals qualified survivors pension both from spouse and from parents, the
pension from spouse or parent, depending on preference,
6) (Appended: 17/4/2008 – 5754/34th Art.) for individuals qualified for both duty disability and invalidity pensions, who
again became insurance holders when receiving duty disability pursuant to this Law, only duty disability pension if the
pensions are equal, or both of the pensions for who are qualified for both duty disability and old – age pensions,
7) (Appended: 17/4/2008 – 5754/34th Art.) for individuals qualified also for next spouse in case the marriage is terminated
due to death, the preferred pension,
shall be payable.
b) of the short term insurance branches;
1) for the spouse qualified to permanent incapacity income and to income due to deceased spouse, both incomes,
2) for individuals qualified for income separately from mother and father, all of the higher income and half of the lower one,
3) (Amended: 17/4/2008 – 5754/34th Art.) for mother and father qualified for income from more than one child, all of the
income from first two files allowing the highest payment and the half of the lower one,
4) (Amended: 17/4/2008 – 5754/34th Art.) for individuals qualified survivors income both from spouse and from parents, the
income from spouse or parent, depending on preference,
5) (Appended: 17/4/2008 – 5754/34th Art.) for individuals qualified also for next spouse in case the marriage is terminated
due to death, the preferred income,
shall be payable.
c) (Amended: 17/4/2008 – 5754/34th Art.) If the pensions and incomes qualified for due to invalidity, old – age, survivors
insurances and to incapacity and work accident and occupational disease insurance, then all of the highest of such pensions or
incomes, half of the lower one, and in case of equality, all of the income from work accident and occupational disease and half
of the pension from invalidity, duty disability and old – age shall be payable to the insurance holder or right holders.
Where, as a result of the evaluations to be made in accordance with the order in paragraph one, more than two incomes or
pensions are joined for an individual, then income or pension shall payable over the two files which allow highest payment of
such incomes and pensions, and the income and pension rights in other file or files shall be cancelled until the date of change of
status or of being qualified for income or pension from a file.
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(1) With Article 34 of Law Number 5754 dated 17/34/2008, the expression
“duty disability” is added after the term “disability” in this article and is applied to the text.
Correction, increment, lower limit, payment of incomes and pensions and examination transactions(1)
ARTICLE 55 – In case the statuses of insurance holders or right holders who are put on income or pension pursuant to this
Law changes in a manner to require correction in the amounts of income and pensions granted to them or their right holders,
then the income or pension amounts shall corrected according to the new status, starting from the beginning of next payment
term following the date of change.
(Amended: 17/4/2008 – 5754/35th Art.) Incomes and pensions payable pursuant to this Law shall be determined by increasing
at the change rate in the general consumer prices index of the final base year announced by Turkish Institute of Statistics based
on previous six – month period, effective from the date of January and July payment dates of each year.
(Appended: 17/4/2008 – 5754/35th Art.) The amount on which pensions payable pursuant to this Law and the pensions of
right holders of deceased insurance holder, shall not be less than 35%, or than 40% if the insurance holder has dependant
spouses or children, of the average monthly earning determined as per paragraph two of Article 29 as of January of the year of
request or decease, considering lower limits of earnings subject to premium determined in accordance with Article 82 for each
year in service terms. The pensions of right holders shall not be less than 80% if right holder is a single person or than 90% if
right holders are two persons, of the lower limit pension calculated in accordance with this paragraph. The provisions of this
paragraph shall not be applicable for the partial pensions payable pursuant to international social security conventions.
(Appended: 17/4/2008 – 5754/35th Art.) Separate for insurance holders under items (a), (b) and (c) of paragraph one
of Article 4; 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 invalidity 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.
(Appended: 17/4/2008 – 5754/35th Art.) For insurance holder who become in need of permanent care of another person due to
work accident or occupational disease, the incapacity income to be calculated as per Article 19 of this Law shall not be less
than 85% percent of the monthly amount of the lower limit of earning subject to premium determined in accordance with
Article 82.
Incomes and pensions granted to insurance holder or his/her right holders shall be payable every month in advance. Payment
periods, payment dates, payment manner and payment centres of incomes and pensions shall be determined by the Institution.
Procedures and principles regarding examination transactions to see whether income and pension receiving conditions continue
or not and other procedures and principles regarding execution of this Article shall be regulated with a regulation to be issued
by the Institution.
Cases where income and pension are not granted
ARTICLE 56 – (Amended first paragraph: 17/4/2008 – 5754/36th Art.) If there are finalized court judgments about the
right holders of the deceased insurance holder stating that;
a) they have intentionally murdered or attempted to murder, or rendered permanently disabled of service or disabled pursuant to
this Law, the insurance holder because of whom pension will be granted or income or pension is granted,
b) they have committed a heavy crime against the insurance holder or right holder from whom pension will be granted or
income or pension is granted or removed such individuals from heir status with a disposition based on death due to not
fulfilling their obligations arising from domestic relations,
then income or pension shall not be payable to such individuals. Paid incomes and pensions are refunded pursuant to provisions
of Article 96.
The incomes and pensions granted to spouses and children who are determined to live actually with the divorced spouse.
Amounts paid to such individuals shall be refunded pursuant to the provisions of Article 96.
Age
ARTICLE 57 – In calculating the incomes to be granted to the right holders in cases of work accident and occupational
disease, the dates of birth registered to the public registry on the date of first determination of the work accident or occupational
disease based on medical doctor or health committee report shall be taken as basis.
In applying the provisions on age regarding invalidity, old – age and survivors insurances, the dates of birth registered in the
public registry as of the date they are subject, for the first time, to invalidity, old – age or survivors insurances and to funds
subject to abrogated Law Number 5417 of 2/6/1949, to abrogated Law Number 6900 of 4/2/1957, to Law Number 506 of
17/7/1964, to Law Number 1479 of 2/9/1971, to Law Number 2925 of 17/10/1983, to Law Number 2926 of 17/10/1983
abrogated with the present Law, to Law Number 5434 of 8/6/1949, to funds under interim Article 20 of Social Insurance Law
Number 506 or to this Law, and the dates of birth, written for the first time in the public registry, of children of the insurance
holder who are born after the first time working of the insurance holder in accordance with this Law, shall be taken as basis.
In calculating the income and pension grants and capital value from work accident, occupational disease, invalidity, old – age
and survivors insurances, the age corrections after the date on which work accident or occupational disease is determined for
the first time with a medical doctor report or on which the insurance holder starts to work, for the first time, subject to this Law
and to laws abrogated with this Law.
Individuals whose birth months and days are not indicated in their public registrations shall be considered to be born on July
1st, and whose birth month is indicated but day is not indicated, shall be considered to be born on the first day of that month.
Retirement transactions of Turkish Armed Forces personnel due to age limits stipulated in Article 40 of Law Number 5434 on
Republic of Turkey Pension Fund shall be carried out on September 1st for ones whose birth dates do not include month and
day and whose birth dates are before September 1st, and on September 1st of the following year for the ones whose birth dates
are on or after September 1st.
––––––––––––––––––
(1) The title of this Article was “Correction, increment, payment of incomes
and pensions and examination transactions”; however it is amended by Article 35 of Law Number 5754 of 17/4/2008 as applied in the text.
.
Social Insurance Health High Committe(1)
ARTICLE 58 – Social Insurance Health High Committee shall be established consisting of specialist medical doctors, whose
branches will be determined by the Institution, in order to carry out the duties stipulated in this Law. The Committee shall
consist of one specialist medical doctors to be charged with duty by the Ministry of National Defence, Ministry of Health,
Ministry of Labour and Social Security, Higher Education Committee, confederations representing the employers, workers and
public servants with the highest number of members, Turkish Union of Chambers and Stocks, Turkish Confederation of
Traders and Artisans, Turkish Association of Medical Doctors, Turkish Union of Chambers of Agriculture and the Institution.
The Ministry is authorized to establish more than one Committee following the same procedure.
The committee is presided by one of the members elected from among themselves. Chairman determines the member to
substitute him/her in his/her absence. The Committee meets once a week and with minimum seven members and the decisions
are reached with absolute majority. (Appended sentence: 17/4/2008 – 5754/37th Art.) In case of equality of votes the side of
the chairman shall be considered as majority. Term of office of the medical doctors to be charged with duty in the committee is
three years and it is possible to be nominated again at the end of three years. Memberships of the members not attending to
subsequent five meetings or totally ten meetings without any excuse within a calendar year shall be terminated. Another person
shall be nominated with the same procedure in place of a member whose membership is cancelled in this manner.
(Amended third paragraph: 17/4/2008 – 5754/37th Art.) For those who partake in Social Insurance Health High Committee,
an attendance fee shall be payable, at the amount to be found indicator number of 4000 for each day of attendance to meetings
multiplied by public servant pension coefficient and not exceeding eight meetings per month. All kinds of expenses regarding
the works of the committee shall be borne by the Institution. If finds necessary, the committee may refer to the opinion of
experts. Attendance fee shall be payable to such individuals, at the same amount and under same conditions.
The committee examines and decides on the Institution’s decisions on the degree of incapacity, the degree of permanent
incapacity due to work accident or occupational disease, and degree of loss in working power requiring incapacity for the
insurance holders, which are subject to objection. The committee is obliged to hear a specialist medical doctor charged with
duty upon request of insurance holders or right holders.
The committee, provided that they are limited with duties stipulated in this Law, expresses opinions after making necessary
examinations on the court files, which are received from courts and for which a report is requested under the title of
consultative authority. The courts send the consultative authority fees determined for said files to the Institution in order to be
transferred to the committee members.
Secretarial works required by Social Insurance Health High Council in carrying out own tasks are provided by the Institution.
Procedures and principles on duties, authorities, and works of Social Insurance Health High Council and other procedures and
principles regarding the execution of this Article are regulated by a regulation to be issued by the Institution.
Auditing and controlling authority of the Institution
ARTICLE 59 – Auditing of transactions for the execution of this Law shall be carried out through the officers charged with
auditing and control of the Institution. Audits and controls of the insurance transactions of military workplaces may be carried
out by army work inspectors.
Incidents and transactions regarding to such incidents, which leads to claims of the Institution found by officers charged with
inspection and control during their duties, may be based on any evidence excluding oath. Reports to be prepared by such
individuals shall be in effect unless otherwise is proven. Employers and insurance holders, workplace owners, officers of
liquidation and bankruptcy office, real and artificial persons related with work are obliged to come when called by inspection
and control officers of the Institution to provide information, to bring and present necessary books, documents and evidences,
to show any kind of convenience for them to carry out their duties and to fulfil their requests in this context. All public servants
show necessary convenience and assists in the duties of inspection and control officers of the Institution.
The officers of the Institution charged with the duty of inspection and control are also authorized with auditing, inspection, and
control laid down in Labour Law Number 4857, for the purposes of this Law.
In issuing to the employers of tender works and special building construction workplaces the termination of connection
document, which shows that they do not have any premium debts to the Institution, appropriateness of the workmanship totals
determined to be communicated to the Institution as a result of the examination of workplace registries by certified public
accountants and chartered accountants authorized pursuant to Law Number 3568 on Public Accounting, Certified Public
Accounting and Chartered Accounting dated 1/6/1989 may be taken as basis, provided that the inspection authority of the
Institution is preserved.
Termination of connection document may be issued provided that the premium, default fine and default increments, to be
calculated over the difference workmanship total for workplaces and employers found not to notify sufficient workmanship to
the Institution based on reports prepared by certified public accountants and chartered accountants in accordance with the
calculation method of which procedures and principles are determined by the Institution, together with the administrative fines
to be issued pursuant to number (4) of item (d) and (e) of paragraph one of Article 102.
––––––––––––––
(1) With Article 37 of Law Number 5754 dated 17/4/2008; the term “Turkish
Union of Chambers of Agriculture” is added after the term “Turkish Association of Medical Doctors” in paragraph one and the term “degree of
duty disability” is added after the term “for insurance holders” in paragraph four and additions are applied to the text.
The reports prepared by certified public accountants and chartered accountants who are found to damage the Institution by
acting in violation of procedures and principles laid down by the Institution shall not be taken into consideration and the reports
to be prepared by such in the future shall not be taken into process. Certified public accountants and chartered accountants who
prepare false reports are responsible, collectively and jointly with the employer, for the damages suffered by the Institution for
this reason, and the claim right of the Institution in accordance with the general provisions for such parties is preserved.
Members of the profession cannot carry out examinations on the works carried out by the employers with the insurance holders
of their permanent workplaces and the above works which are not registered to the Institution or which are registered by
workmanship notification is not submitted.
Inspection officers of public administrations are obliged to determine, during their investigations, inspections and examinations
at the workplaces pursuant to their legislation, whether the employees are insured or not, and to notify the Institution about the
ones who are employed without insurance. Such institutions notify the Institution, within maximum one month, about their
findings which lead to defective notification of insurance holders’ earnings subject to premium or number of days pursuant to
this Law, during their examinations and inspections they carry out pursuant to their legislation. The Institution shall carry out
the necessary legal proceeding based on such notifications. The objection rights of the concerned parties are preserved. (1)
Procedures and principles on the implementation of this Article shall be regulated by the Regulation to be issued by the
Institution.
–––––––––––––––
(1) With Article 4 of Law Number 5754 dated 17/65/2008 the expression
“officers charged with the duty of inspection and control ” present in this paragraph is amended as “inspection officers” and is applied to the
text.
44 SECTION THREE
Universal health insurance Provisions
PART ONE
Individuals in Scope and Their Registration
Individuals who are deemed to be holders of universal health insurance
ARTICLE 60 – (Amended: 17/4/2008 – 5754/38th Art.)
Among the individuals having residence in Turkey;
a) The individuals who are deemed to be insurance holders pursuant to;
1) items (a) and (c) of paragraph one of Article 4,
2) item (b) of paragraph one of Article 4,
b) The individuals who are deemed to be optional insurance holders,
c) of the individuals who are not deemed to be insurance holders under above items (a) and (b);
1) Citizens whose domestic income per capita is less than one thirds of the minimum wage, to be determined using the testing
methods and data to be laid down by the Institution, considering their expenses, movable and immovable properties and their
rights arising from such,
2) Heimatlos and refugees,
3) Individuals who receive pension pursuant to the provisions of Law Number 2022 on Putting Needy, Weak and Forlorn
Turkish Citizens Over the Age of 65 on Pension dated 1/7/1976,
4) Individuals who receive honorary pension pursuant to the provisions of Law Number of 1005 of 24/2/1968 on Putting
Individuals Awarded with medal for Service in the Turkish War of Independence on Honorary Pension from Military Service
Planning,
5) Individuals who receive pension pursuant to Law Number 3292 of 28/5/1986 on Military Service Planning Pension,
6) Individuals who receive pension pursuant to Law Number 2330 of 3/11/1980 on Compensation in Cash and Pension,
7) Individuals who benefit free – of – charge from protection, care and rehabilitation services pursuant to Law Number 2828 of
24/5/1983 on the Institution of Social Services and Child Protection,
8) Individuals who receive disabled veteran pension and who receive pension under Law on Fighting against Terrorism,
9) Individuals who are charged with duty pursuant to paragraph two of Article 74 of Village Law Number 442 of 18/3/1924
and individuals who are receiving pension pursuant to appended Article 16 of the same Law,
10) Individuals who are receiving pension pursuant to the provisions of Law Number 2913 of 11/10/1983 on Putting Athletes
Awarded with World Olympic and European Championship, and Their Families, on Pension,
d) provided that principle of reciprocity is also taken into consideration, individuals of foreign countries who have residence
permit and are not insurance holders under legislation of a foreign country,
e) Individuals who benefit from unemployment benefit pursuant to Law Number 4447 of 25/8/1999 and from short work
benefit pursuant to relevant laws,
f) Individuals who receive income or pension pursuant to this Law or to the social security laws preceding this Law,
g) Citizens who are out of the above items and who do not have the right to benefit from health insurance at a foreign country,
shall be deemed to be holders of universal health insurance.
First of all, for individuals listed in items (a), (b), (c), (f), (g), (h), (ı) and (k) of paragraph one of Article 6, whether the
universal health insurance holder has dependants or not is checked. If the universal health insurance holder is a dependant, then
registration shall not be made. Otherwise, the individual shall be deemed to be universal health insurance holder pursuant to the
concerned item in the provisions of paragraph one. The individuals who are deemed to be universal health insurance holders
due to the fact that they receive income pursuant to item (f) of paragraph one shall be deemed to be general insurance holders
under items other than (f) if they are also universal health insurance holders pursuant to other items.
The individuals under items (d), (e) and (l) of paragraph one of Article 6, convicts and arrested individuals under sentence
execution institutions and detention houses, individuals under item (d) of paragraph one but who are residing in Turkey for a
period of less than one year, the individuals who do not reside in Turkey among the individuals who are under item (f) but are
put on pension by getting into service debt pursuant to abrogated Law Number 2147 of 30/5/1978 and to Law Number 3201 of
8/5/1985, shall not be deemed to be universal health insurance holders or dependants of a universal health insurance holder.
In executing item (d) and (g) of paragraph one, for married individuals, which one of the spouses will be general insurance
holder and which one will be dependant of general insurance holder shall be left to their preference. In case both of the spouses
are universal health insurance holders pursuant to other items, then each of them shall be deemed to be universal health
insurance holders separately.
Among the individuals who are deemed to be insurance holders under item (c) of paragraph one of Article 4, spouses who take
unpaid leave more than one year pursuant to their relevant laws shall be deemed to be dependants of universal health insurance
holder.
Family stated in number (1) of item (c) of paragraph one of this Article and in Article 80 shall consist of spouse, non married
child, grandmother and grandfather living in the same house.
Start, notification and registration of universal health insurance
ARTICLE 61 – Determination and registration transactions for the start of universal health insurance shall be carried out in
accordance with the following provisions. Under paragraph one of Article 60;
a) individuals under items (a) and (b) shall be deemed to be universal health insurance holder as of the date they are registered
as insurance holders or optional insurance holders and shall be considered to be registered without requiring any separate
notification.
b) (Amended: 17/4/2008 – 5754/39th Art.) among the individuals under item (c), the ones stated in number (1) shall be
deemed to be universal health insurance holders as of the date of registration by the Institution and the ones listed in numbers
(3), (4), (5), (6), (8), (9) and (10) shall be deemed to be universal health insurance holders as of the date they are granted with
the right of pension. Individuals who are out of the abovementioned numbers shall be deemed to be universal health insurance
holders as of the date they are considered as heimatlos or refugees and they start to benefit free – of – charge from protection,
care and rehabilitation services, and these shall be communicated to the Institution within one month following the date they
are placed in this scope. The date of request of individuals who are found, as a result of the evaluation carried out by the
Institution, to be qualified for their requests as of the date of request of such individuals stated under number (1), and the date
of qualification for others who become qualified later on, shall be deemed to be the date of registration in the Institution.
c) individuals listed in item (d) shall be deemed to be universal health insurance holder as of the date they complete one year
residence period in Turkey and they shall be registered with a universal health insurance entrance notification to be submitted
within month from this date.
d) (Amended: 17/4/2008 – 5754/39th Art.) individuals indicated in item (e) shall be deemed to be universal health insurance
holders as of the date they start to benefit from unemployment or short work benefit, and Turkish Labour Institution shall notify
the Institution within one month following the starting date of unemployment benefit.
e) individuals under item (f) shall be deemed to be universal health insurance holders as of the date on which they benefit from
income or pension, and these shall be deemed to be registered without requiring any other notification.
f) (Amended: 17/4/2008 – 5754/39th Art.) individuals under item (g) shall be deemed to be universal health insurance holders
as of the date they are not universal health insurance holders under other items and these shall be registered with a universal
health insurance entrance notification to be submitted within one month following this date. However, the individuals, who are
deemed to be universal health insurance holders under item (a) of paragraph one of Article 60, shall be deemed to be universal
health insurance holders under this item, 10 days after the termination date of their compulsory insurance.
(Amended second paragraph: 17/4/2008 – 5754/39th Art.) Children, mothers or fathers of universal health insurance holders
pursuant to Article 60 shall benefit from healthcare services and other rights, as universal health insurance holder or dependant
of universal health insurance holder, until they are over the age of 18, independent of their registration and without requiring a
separate transaction. Where a child under the age of 18 does not have both parents, then such individual shall be deemed to be
universal health insurance holder, until completing the age of 18, provided that the premiums are payable by the State under
number (7) of item (c) of paragraph one of Article 60.
(Amended third paragraph: 17/4/2008 – 5754/39th Art.) Among the individuals who are universal health insurance holders
pursuant to Article 60 but whose statuses are changed, the ones who are under the scope of number (1) of item (c) of paragraph
one of the same Article or under item (g) are obliged to apply to the Institution, within maximum one month following the date
of change in their statuses. In case such individuals are found not be under number (1) of item (c) of paragraph one of Article
60, they shall be deemed to be universal health insurance holders under item (g) starting from the date of change in their
statuses.
The universal health insurance shall be terminated on the date when the place of residence is not Turkey or when the individual
is out of the scope of universal health insurance pursuant to paragraph three of Article 60.
Administrative fine shall be applicable as per item (a) of paragraph one of Article 102 for individuals who do not submit the
universal health insurance entrance notification stated in this Article.
Procedures and principles regarding the execution of this Article and the format and content of the universal health insurance
entrance notification shall be regulated by the regulations to be issued by the Institution.
Health – care services and other rights and benefiting from such
ARTICLE 62 – Benefiting from the health – care services and other rights of universal health insurance pursuant to Law is a
right for the universal health insurance holder and dependant of universal health insurance holder, and financing such services
and rights is an obligation for the Institution.
Universal health insurance holder and dependants of health insurance holder shall benefit from health – care services and other
rights.
No relation may be established between the health – care services and other rights to be provided to individuals under the scope
of this Law and the amount of premium charged to such individuals.
PART TWO
Provided Health – Care Services and Other Rights
Financed health – care services and its term
ARTICLE 63 – Following are the health – care services to be financed by the Institution in order to ensure that the health of
universal health insurance holder and his/her dependants are maintained, that they regain their health in case of sickness, that
the health – care services found necessary in medical terms as a result of work accident and occupational disease, sickness and
maternity, and that the incapacity status is eliminated or reduced:
a) Protective health – care services for individuals without considering whether they are sick or not and for preventing abusing
substances harmful to human health.
b) In case the individuals are sick, inpatient or outpatient examination by a medical doctor, clinical examination required for the
diagnosis upon request of medical doctor, laboratory examinations and analyses and other diagnostic methods, medical
operations and treatments to be applied based on the diagnosis, patient follow – up and rehabilitation services, health – care
services for organ, tissue and stem cell transfer and treatment, emergency health – care services, medical care and treatments to
be applied by health professionals pursuant to relevant laws based on the decision of medical doctors.
c) Due to maternity, inpatient or outpatient examinations of medical doctor, clinical examination required for the diagnosis
upon request of medical doctor, laboratory examinations and analyses and other diagnostic methods, medical operations and
treatments to be applied based on the diagnosis, patient follow – up, uterus discharge, medical sterilization and emergency
health – care services, medical care and treatments to be applied by health professionals pursuant to relevant laws based on the
decision of medical doctors.
d) (Amended: 17/4/2008 – 5754/40th Art.) In case the individuals get sick, inpatient and outpatient oral and dental
examination, clinical examination required for the diagnosis of mouth and teeth diseases upon request of dentist, laboratory
examinations and analyses and other diagnostic methods, medical operations and treatments to be applied based on the
diagnosis, tooth extraction, conservative tooth treatment and channel treatment, patient follow – up, denture applications,
emergency health – care services for oral and dental diseases, orthodontic dental treatment of individuals under age of 18 up to
the amount to be determined pursuant to Article 72.
e) If the universal health insurance holder, who is married but does not have children, is female then herself, or if male, his
wife;
1) If, following medical treatments, it is found possible by the health committees of health – care service providers authorized
by the Institution that they cannot have children via normal medical methods but may have children via auxiliary reproduction
methods,
2) provided that the individual is over 23 and under 39,
3) provided that no result is obtained from other treatment methods within three years is documented by health committees of
health – care services authorized by the Institution,
4) Provided that the medical centre where the operation is made is in contract with the Institution,
5) Provided that the individual is a universal health insurance holder or dependant since minimum five years and that 900 days
of universal health insurance premiums are paid,
provided that all of the above conditions are fulfilled collectively, then, limited with maximum two trials, auxiliary
reproduction method treatments and, in case treatment of a disease is not possible with another medical method and the
treatment is found medically compulsory by the health committees of health – care service providers authorized by the
Institution, auxiliary reproduction method treatments.
f) Providing, putting on, maintenance at the end of guarantee period, repair and replacement services for blood and blood
products, bone marrow, vaccine, medication, orthesis, prosthesis, medical equipment and tools, medical devices for personal
use, medical consumables, medical consumables having treating capacity, which may be required for diagnosis or treatments
related with the abovementioned health – care services to be provided as per above items.
(Amended second paragraph: 17/4/2008 – 5754/40th Art.) The Institution is authorized to determine, after asking the opinion
of Ministry of Health, the types, amounts and using periods, payment terms and principles of the health – care services stated
under item (f) and diagnosis and treatment methods of health – care services to be financed. The Institution may establish
commissions and cooperate with national and international artificial personalities for this purpose. Working procedures and
principles of commissions shall be determined by the Institution, asking the opinions of Ministry of Finance and Ministry of
Health.
In case the individual looses the condition in Article 60 for being universal health insurance holder, the health – care services to
be provided due to ongoing treatment shall continue until the said individual recovers.
Procedures and principles on the implementation of this Article shall be regulated by the Regulation to be issued by the
Institution, upon comment of Ministry of Health.
Health – care services not to be finances by the Institution(1)
ARTICLE 64 – Following are the health – care services not to be finances by the institution:
a) Any kind of health – care service for aesthetic purposes and orthodontic dental treatments for aesthetic purposes, excluding
the health – care services which are made to ensure the integrity of body and are caused due to work accident or occupational
disease, accident, sicknesses or congenital reasons.
b) Health – care services not permitted or licensed by the Ministry of Health and health – care services not accepted to be a
health – care service in medical terms by the Ministry of Health.
c) (Appended: 17/4/2008 – 5754/41st Art.) Chronic sicknesses of foreign country citizens which was present before the date
they are deemed to be universal health insurance holders or dependants of universal health insurance holders,
Procedures and principles on the implementation of this Article shall be regulated by the Regulation to be issued by the
Institution, upon comment of Ministry of Health.
Transportation expenses, daily allowance and companion expenses
ARTICLE 65 – In the transfer of universal health insurance holders and dependants of universal health insurance holders out
of the settlement area where they are examined and treated, for benefiting from health – care services upon medical requirement
of medical doctor or dentist after examination or treatment, transportation expenses for both directions and daily allowances of
outpatient and companion limited with one person and for inpatients, transportation expenses and daily allowances for both
travelling days shall be borne by the Institution.
During the inpatient treatment of universal health insurance holders or their dependants, upon necessity to be determined by
medical doctor or dentist, the accommodation and food expenses of the companion limited with one person shall be borne by
the Institution.
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(1) The title of this Article was “Health – care services not to be provided by
the Institution”; however with Article 41 of Law Number 5754 of 17/4/2008 it is amended as applied to the test and the term “financing” is
added before the term “by the Institution”.
Amount of daily allowance, transportation, accommodation and food expenses, payable due to domestic or abroad transfers,
shall be determined by the Health – Care Services Pricing Commission stated in Article 72.
Health – care service expenses made for determining, controlling and periodical health – care examination for permanent
incapacity and disabilities, and the transportation and daily allowance expenses shall be payable in accordance with the
provisions of this Article.
Procedures and principles on the implementation of this Article shall be regulated by the Regulation to be issued by the
Institution.
Treatment abroad
ARTICLE 66 – It is obligatory that the health – care services listed in Article 63 are provided by the domestic health – care
service providers. However;
a) in emergency cases for the individuals, sent by employers to abroad on temporary mission in accordance with the procedure
stated in special legislation of public administrations or in accordance with the procedure determined by the Institution, among
the universal health insurance holders listed in number (1) of item (a) of paragraph one of Article 60,
b) for the individuals, sent by employers to abroad on permanent mission in accordance with the procedure stated in special
legislation of public administrations or in accordance with the procedure determined by the Institution, among the universal
health insurance holders listed in number (1) of item (a) of paragraph one of Article 60, for their dependants who reside in that
country together with them,
c) for individuals whose treatments are determined, upon appropriate opinion of Ministry of Health, not to be applied
domestically, (1)
health – care services are provided abroad.
(Appended paragraph: 17/4/2008 – 5754/66th Art.) It is possible to have detailed examination which is not possible to make
domestically at a foreign country.
However, the amounts to be borne by the Institution for abroad health – care services pursuant to items (a) and (b) of the above
paragraph, shall not exceed the amount payable to the contracted domestic health – care service providers. The exceeding
amount shall be payable by the employers. The provisions of the international social security conventions are preserved.
The section exceeding the amount payable to the contracted domestic health – care service providers for providing health – care
services under the scope of this Law shall be borne by their institutions for the individuals who are charged with duty at a
foreign country, on resolution of Council of Ministers, as a unit or for military or security purposes by the competent
authorities of public administrations.
The Institution may provide the health – care services of individuals under items (a) and (b) of paragraph one by applying to
health insurance at the concerned country, provided that the amount does not exceed the premium amount payable to the
Institution for universal health insurance during temporary or permanent office term.
All of the health – care costs shall be paid for individuals transferred to a foreign country as per item (c) of paragraph one.
However, this amount shall not exceed the amount payable to the health – care service providers, if any, in contract with the
Institution for the treatment subject to abroad transfer. Expenses of such individuals to be made pursuant to Article 65 shall be
borne separately.
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(1) With Article 4 of Law Number 5754 dated 17/65/2008 the expression
“not possible to treat” present in this item is amended as “treatment could not be made” and is applied to the text.
Except the abovementioned situations, expenses related with abroad health – care services shall not be payable by the
Institution.
In execution of this Article, the situation of charging with duty at a foreign country for a period of six months continuously for
the general insurance holders due to be insurance holders under item (c) of paragraph one of Article 4 shall be considered as
sending abroad on permanent mission.
Procedures and terms for assigning on temporary or permanent missions the insurance holders under item (a) of paragraph one
of Article 4 excluding the insurance holders working in public administrations, and other procedures and principles regarding
execution of this Article shall be regulated with a regulation to be issued by the Institution.
PART THREE
Conditions to Benefit from Health – care Services and Contribution Rate
Conditions for benefiting from health – care services
ARTICLE 67 – (Amended: 17/4/2008 – 5754/42nd Art.)
In order to benefit from health – care services and other rights, excluding individuals under the age of 18, individuals who are
medically in need of another person, emergency cases, work accident and occupational disease situations, contagious diseases
with notification obligation, health – care services provided pursuant to items (a) and (c) of paragraph one of Article 63, disaster
and war cases and strike and lockout cases listed in Article 75;
a) for the universal health insurance holders and their dependants pursuant to items of paragraph one of Article 60 except items
(c) and (f), having totally 30 days of paid universal health insurance premiums within one year before the date of application to
health – care service provider,
b) for universal health insurance holders and their dependants subject to number (2) of item (a) and to item (g) of paragraph one
of Article 60, besides the conditions in the above item, not having any premium or premium – related debts over 60 days as of
date of application to the health – care service,
c) for universal health insurance holders and their dependants subject to items (b) and (d) of paragraph one of Article 60,
besides the conditions in the above item, not having any premium or premium – related debts as of date of application to the
health – care service,
are obligatory.
However, for the individuals who are taken out of the scope of universal health insurance holder’s dependant to benefit from
the health – care services within thirty days following the date of being universal health insurance holder, the paid premium day
condition in item (a) of paragraph one of this Article shall not be sought. In addition, for the universal health insurance holders
under Article 60;
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 not be included in the calculation of totally 30 days of paid universal health insurance premiums within one year before
the date of application to the health – care service provider.
In addition, for the universal health insurance holders and their dependants to benefit from health – care services and other
rights, it is obligatory to present identity card, driver’s license, marriage certificate, passport or photographed health card
document issued by the Institution at the time of application to health – care service providers, excluding the emergency cases
(in emergency cases these shall be presented after the emergency case is solved).
The universal health insurance holders under item (a) of paragraph one of Article 60 shall benefit from universal health
insurance for a period of ten days following the termination date of compulsory insurance. If such individuals have 90 days of
compulsory insurance within one year before the date they loose their insurance status, then they and their dependant shall
benefit from health – care services for a period of 90 days following the date they loose their insurance status, without
considering whether they have premium debts due to their universal health insurance following compulsory insurance.
Procedures and principles on the implementation of this Article shall be regulated by the Regulation to be issued by the
Institution.
Charging contribution fee
ARTICLE 68 – Contribution fee shall be charged for the following health – care services listed in Article 63:
a) Medical doctor and dentist examination for outpatient treatment.
b) Orthesis, prosthesis, treatment tools and equipment.
c) Medication provided for outpatient treatment.
(Amended second paragraph: 17/4/2008 – 5754/43rd Art.) Contribution fee shall be charged as 2 New Turkish Liras for
health – care services under item (a) of paragraph one. Contribution fee shall be determined by the Institution, between 10%
and 20% rates, considering reducing unnecessary usage for healthcare services under item (b) and (c), whether the health – care
services bear vital importance or not, amounts of earnings, incomes and pensions subject to premium and similar criteria.
Contribution fee determined for the health – care services in item (a) of paragraph one shall be increased each year equal to the
re – valuation rate determined in accordance with Tax Procedure Law Number 213 dated 4/1/1961. The Institution is
authorized, for the contribution fee pursuant to item (a) of paragraph one, not to take or take at lower amounts from the
examinations carried out at service providers of first level, or to bring back to the amount determined for item (a) of paragraph
one, to reduce by half or increase up to five fold for examinations carried out at second and third level health – care service
providers, considering whether the application is made with a transfer from previous levels, and to bring back or reduce these
amounts to legal levels when necessary.
(Abrogated third paragraph: 17/4/2008 – 5754/43rd Art.)
The contribution fee payable by the universal health insurance holders and their dependants pursuant to item (b) of paragraph
one shall not exceed 75% of the minimum wage as of the date the health – care service is received.
Contribution fee in the auxiliary reproduction treatment, except the auxiliary reproduction treatment which is provided pursuant
to item (e) of paragraph one of Article 63 and will be applied due to the fact that the treatment of the illness is not possible
using another medical method, shall be 30% in the first trial and 25% in the second trial. However, upper limit applied pursuant
to paragraph four shall not be applied to contribution fee.
Contribution fees paid by universal health insurance holders and their dependants pursuant to numbers (1), (2) and (3) of item
(c) of paragraph one of Article 60 shall, upon request, be refunded in accordance to the provisions of Law Number 3294 of
29/5/1986 on Encouraging Social Assistance and Solidarity.
The Institution is authorized to collect the contribution fees by deducting from the incomes and pensions of individuals
receiving incomes and pensions and from wages and salaries of the working individuals, and to determine the procedure for
payment of these contribution fees. The section remaining after deducting the collected contribution fee shall be payable to the
contracted health – care service providers.
(Amended eighth paragraph: 17/4/2008 – 5754/43rd Art.) Health – care service amounts determined as per Article 72 shall
be taken as basis in calculating the contribution fees.
Payment procedures of contribution fees and other procedures and principles on the implementation of this Article shall be
regulated by a regulation to be issued by the Institution.
Cases, health – care services and individuals which no contribution fee will be paid (1)
ARTICLE 69 – Following are the cases, health – care services and individuals from which health – care services contribution
fee in Article 68 is not payable:
a) Cases of work accident and occupational disease and health – care services provided at military drills and manoeuvres.
b) Health – care services provided due to disaster and war cases listed in Article 75.
c) Family physician examinations and personal protective health – care services.
d) Provided that the case is documented with a medical report, chronic diseases and vital health – care services under item (b) of
paragraph one of Article 68, and organ, tissue and stem cell transfers. (2)
e) (Amended: 17/4/2008 – 5754/65th Art.) control examinations defined in Article 94,
f) individuals and their spouses stated in number (4) of item (c) of paragraph one of Article 60, the ones listed in numbers (5),
(6), (7) and (8), individuals disabled of duty, and individuals listed in items (d) and (e) of paragraph four of Article 4.
(Appended sentence: 17/4/2008 – 5754/66th Art.) In addition, every kind of orthesis/prosthesis and other treating
tools/equipment required, based on medical report, by disabled receiving pension pursuant to Law Number 3713 and privates
and enlisted specialists receiving duty disability pension due to incidents under the same Law shall be provided without
charging any contribution fee or difference or without applying any restriction.
The Institution is authorized to determine the health – care services, one by one or in groups, from which contribution fee shall
not be charged pursuant to this Article.
Service levels and transfer chain (1)
ARTICLE 70 – The health – care service providers shall be divided into levels of first, second and third level, by the Ministry
of Health, for the execution of this Law. These levels and the transfer chain between the health – care service providers shall be
determined by the Institution, asking the comment of the Ministry of Health, throughout the whole country or on province – or
sub – province base, considering the diagnosis, pre – diagnosis, and specialties of medical doctors and dentists. Family
physicians shall be included in the first level service providers.
Universal health insurance holders and their dependants are obliged to act in accordance with the transfer chain, for the
Institution to provide health – care services.
(Abrogated third paragraph: 17/4/2008 – 5754/67th Art.)
Identifying identity and emergency cases (1)
ARTICLE 71 – Health – care service providers are obliged to check the documents listed in paragraph three of Article 67 and
whether these documents belong to the applicant, at the phase of providing health – care services (or after the emergency
situation is solved at emergency cases). (Abrogated final sentence: 17/4/2008 – 5754/67th Art.)
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(1) With Article 65 of Law Number 5754 dated 17/4/2008; the expression
“paragraph three of Article 4” in item (f) of paragraph one of Article 69 is amended as “paragraph four of Article 4”, the expression
“classified” in paragraph one of Article 70 is amended as “divided into levels”, the expression “second” in paragraph one of Article 71 is
amended as “third”; with Article 66 of the same Law, the expression “, tissue, and stem cell” is appended after the expression “and organ” in
item (d), the expression “individuals and their spouses stated in number” is appended before expression “(4) of item (c)” in item (f) and these
are applied to the text.
(2) With Article 1 of Law Number 5655 dated 9/5/2007, the expression
“health committee report” present in this item is amended as “medical report” and is applied to the text.
Universal health insurance holders and their dependants are prohibited to receive health – care services of another individual on
behalf of themselves or to obtain unjust benefit from the Institution. The damage suffered by the Institution shall be collected in
two folds, together with the legal interest, collectively and jointly, from individuals committing to such actions, and the
provisions of Turkish Criminal Code number 5237 dated 26/9/2004 shall be applicable to the concerned parties.
For the purposes of this Law, issues regarding what are the emergency cases and emergency health – care services, on which
methods and criteria these will be determined, shall be regulated by a regulation to be issued by the Institution, upon opinion of
the Ministry of Health.
PART FOUR
Financial and Miscellaneous Provisions
Determining the prices payable for the health – care services
ARTICLE 72 – (Amended first paragraph: 17/4/2008 – 5754/44th Art.) Health – Care Services Pricing Commission is
authorized to determine the prices payable by the Institution for daily allowance, transportation, accommodation and food
expenses to be paid pursuant to Article 65. The commission may classify the health – care service providers based on pricing,
considering medical education, service level, infrastructure and resource use, and cost factors. The commission is authorized to
determine, one by one or in groups, for each class, the prices payable by the Institution of health – care services financed
pursuant to Article 63, considering the province and level of provided health – care service, subventions granted directly or
indirectly by the State, whether the health – care service has vital importance, medical applications based on proof, cost –
effectiveness criteria and the budget of the universal health insurance.
(Amended second paragraph: 17/4/2008 – 5754/44th Art.) The commission consists of totally seven members, one member
of each representing the Ministry of Labour and Social Security, Ministry of Finance, Ministry of Health, Undersecretariat of
State Planning Organization, Undersecretariat of Treasury, and two members representing the Institution. The commission
reaches decisions on absolute majority and the decisions are published in the Official Journal. In cases found necessary by the
Commission, more than one sub – commission may be established depending on the types of health – care services. Secretarial
works of the Commission is fulfilled by the Institution.
A meeting fee shall be payable to the attendees of the Health – Care Services Pricing Commission, not more than two times a
week, over the amount to be found by multiplying the public servant coefficient with indicator figure of (3000) for each
meeting day they attend to. All kinds of expenses regarding the works of the commission shall be borne by the Institution.
(Amended fourth paragraph: 17/4/2008 – 5754/44th Art.) The Institution may ask the opinions of relevant public institutions
and organizations and the profession organizations bearing the qualities of association, foundation, federation, confederation
and public institution.
Procedures and principles regarding the works, duties and authorities of the Health – care Services Pricing Commission and
execution of this Article shall be regulated by a regulation to be issued by the Institution receiving the opinions of the
institutions member to the Commission.
Method for providing health – care services and paying health – care expenses
ARTICLE 73 – (Amended: 17/4/2008 – 5754/45th Art.)
Health – care services, pursuant to this Law, shall be provided through contracts signed between the Institution and domestic or
abroad health – care service providers and/or by refunding the expenses of health – care services purchased by universal health
insurance holders and their dependants from non – contracted health – care service providers in accordance with the provisions
of this Law.
Council of Ministers is authorized to determine the upper limit of the additional fee to be charged up to one fold of these
values, considering criteria such as expenses of health – care service providers received from universal health insurance holders
and their dependants and the costs of the health – care services they produce, in addition to the health – care services determined
by the Health – care Services Pricing Commission for the contracted health – care service providers, including foundation
universities and excluding the health – care service providers of public administrations. Rates of the additional fees to be
charged under this upper limit shall be determined by the Institution. However, individuals under numbers (4), (6) and (8) of
item (c) of paragraph one of Article 60, and their dependants, shall not be charged with additional fees, in case they are
transferred by public administration health – care service providers. For the equivalent medication determined by Health – Care
Services Pricing Commission, the difference between maximum price and the price of two equivalent medications requested by
the individual and optical upper limit shall not be applied and shall not be evaluated under this paragraph.
Public administration health – care service providers, excluding hotel services and extraordinary health – care services stated in
paragraph four, may not request additional charges from universal health insurance holder and their dependants for the health –
care services they request. Unless there is a provision stating otherwise, provision of this paragraph shall not be applicable to
health – care services provided by university lecturers defined in Higher Education Law Number 2547 dated 4/11/1981 at
public administration and foundation university health – care service providers; the Institution may determine an upper limit for
the additional fee to be charged for university lecturers.
Contracted health – care service providers, may request additional charges from universal health insurance holders and their
dependants, not greater than three folds of the determined service prices, for hotel services fulfilling the requests over standards
laid down by the Institution and for extraordinary health – care services determined by Health – Care Services Pricing
Commission considering issues such as not having vital importance or having alternative treatments. Contracted health – care
service providers are obliged to notify the institution about their health – care service prices which they determined under the
upper limit determined for additional charge payments, within thirty days following the publication of health – care service
prices payable by the Institution. Contracted health – care service providers shall inform the Institution, within 5 workdays,
about their price changes. Even if it is under the upper limit, they cannot increase their prices before the period determined by
the Institution is over.
The Institution may establish provision centres and employ personnel at the location of health – care service providers, in order
to carry out provision transactions. Contracted health – care service providers are obliged to assign a suitable, independent
location to the Institution for this purpose.
Except emergency cases, the healthcare service prices purchased by individuals from non – contracted health – care service
providers shall not be payable by the Institution.
The price of the health – care service received from non – contracted health – care service providers shall be payable, in return to
invoice, to universal health insurance holders and their dependants, based on the prices determined pursuant to Article 72 for
contracted health – care service providers. In emergency cases, both contracted and non – contracted health – care service
providers and for health – care services determined by the Institution, only the contracted health – care service providers may
not request additional charges from universal health insurance holders and their dependants.
The Institution is authorized to provide health – care services to be provided by public administrations, except the methods
stated in paragraph one of this Law, with a service purchase agreement over a lump sum price. Public administration health –
care service providers are obliged to provide any kind health – care service which should be provided under the contract to the
universal health insurance holders and to their dependants, in return to the contractual lump sum price, and may not request
charges additional to the contractual lump sum price from universal health insurance holders and their dependants, other than
additional fees and contribution fees stated in the Law. Invoice or basis documents shall not be sent separately to the Institution
for the services provided under service purchase contract over the lump sum price. Procedures and principles regarding the
execution of this paragraph are determined jointly with the Ministry of Health.
Health – care service providers are obliged to check and documents, in accordance with the methods provided by the Institution
on electronic medium or other media, to see whether the universal health insurance holders or their dependants have the right to
benefit from health – care services.
Preparing and concluding health – care service purchase contracts, payment of the costs of health – care services and other
procedures and principles regarding the execution of this Article shall be regulated by a regulation to be issued by the
Institution.
Purpose of use of universal health insurance revenues, health – care expenses made for short and long term insurance
branches
ARTICLE 74 – Universal health insurance premium incomes shall not be used for any purpose other than management
expenses, health – care services provided from universal health insurance, and other rights.
For long and short term insurance branches, health – care service expenses arising from determining the cases of permanent
incapacity, invalidity, loss of working power or from controls made for such purposes, and, pursuant to Article 72, daily
allowance and transportation expenses, companion expenses, of which procedures and principles will be determined by the
Institution, shall be covered from the short and long term insurance branches.
Natural disasters and war
ARTICLE 75 – In cases of disasters under Law Number 7269 of 15/5/1959 on Aids to be Made and Measures to be Taken for
Disasters Effecting General Life and of war pursuant to Mobility and War Law Number 2941 of 4/11/1983, the Institution
continue to provide the health – care services of universal health insurance holders and their dependants. However, expenses of
health – care services provided by the Institution due to reasons based on disaster or war, shall be transferred to the Institution,
within one year, from the general budget, taking as basis the end of the calendar year in which the expenses are paid.
Responsibility of employer, universal health insurance holder and third parties
ARTICLE 76 – The employer is obliged to provide immediately health – care services required by the health status of the
universal health insurance holder suffering from work accident or occupational disease. For this purpose, the health – care
service expenses, made by the employer and based on documents, and the expenses to be made pursuant to the provisions of
Article 65 shall be covered by the Institution.
The employer, who causes the universal health insurance holder to have a longer treatment period or to be disabled or to have
an increased disability degree, due to negligence or delay in fulfilling the obligations stated in paragraph one, is obliged to pay
each and every kind of health – care service expense borne by the Institution for this purpose.
(Amended third paragraph: 17/4/2008 – 5754/46th Art.) The employer, who employ universal health insurance holder
without being based on a medical report although it is necessary to obtain a medical report due to laws or without taking into
consideration the medical report stating that employing of such individual at the said work is not medically appropriate, shall
compensate the Institution for the health – care service expenses made for this purpose. Individuals under item (a) of paragraph
one of Article 4, who is documented with a health committee report that he/she cannot work at a certain work, may not be
employed at said works. Employers employing such individuals shall be obliged to pay the expenses borne by the Institution
due to the same illness of the universal health insurance holder. Treatment expenses made due to the same illness of the
universal health insurance holder who works at the same work without receiving document from the medical doctor or health
committees authorized by the Institution stating that the treatment is over and that the insurance holder may work, shall be
borne by the insurance holder himself/herself.
Where the work accident and occupational disease is caused due to the intentional action of the employer or to universal health
insurance holders’ action in violation of the provisions of legislation on protection of work health and work safety, the health –
care expenses borne by the Institution shall be compensated by the employer. The principle of inevitability shall be considered
in determining the responsibility of the employer. (1)
(Abrogated fifth paragraph: 17/4/2008 – 5754/46th Art.)
(Amended sixth paragraph: 17/4/2008 – 5754/46th Art.) The health – care expenses borne by the Institution shall be
compensated by the third parties who are determined on court judgment that they caused the Institution to provide health – care
services or extension in the treatment period of such individuals, due to intentional or offensive action towards universal health
insurance holders or their dependants or not fulfilling or neglecting a duty given by relevant laws.
Announcement of contracted health – care service providers and the freedom to choose the health – care service
provider
ARTICLE 77 – Titles, names and addresses of domestic and abroad health – care service providers to which universal health
insurance holders and their dependants will apply benefiting from health – care services pursuant to this Law shall be
announced by the Institution on electronic medium or on via other methods.
Universal health insurance holders and their dependants have the freedom to choose among the health – care service providers,
provided that the provisions of other Articles on universal health insurance are complied with.
Registration and notification obligation and control authority of health – care service providers
ARTICLE 78 – All of the health – care service providers in contract with the Institution are obliged to send the information of
each and every individual receiving health – care service, as stipulated in contractual provisions, in accordance with the stated
methods and term, on electronic medium or in written form. Health – care service prices requested without submitting such
information shall not be payable until the said information is sent. (2)
Confidentiality of health information of the universal health insurance holders and their dependants is fundamental. How the
health information shall be protected and those individuals whose health information shall not be revealed due to national
security shall be determined by the Ministry, upon proposal of relevant ministries. (Appended sentence: 17/4/2008 –
5754/66th Art.) How the health information of such individuals and groups shall be kept will be determined by a regulation to
be prepared by receiving opinions of concerned organizations.
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(1) With Article 4 of Law Number 5754 dated 17/46/2008, the expression
“insurance holder” present in this paragraph is amended as “universal health insurance holder” and is applied to the text.
(2) With Article 4 of Law Number 5754 dated 17/65/2008 the expression “all
without considering whether they are a group” present in this paragraph is amended as “has” and is applied to the text.
The Institution may examine books, documents and information, and may request presentation of such, kept by employers,
health – care service providers and other real and artificial persons, regarding application of universal health insurance
provisions.
The Institution has the authority to control services and transactions carried out by health – care service providers regarding
their duties laid down in this Law. The Institution may use this authority through the personnel charged with duty or by
purchasing service from public institutions or special institutions.
