Retirement Conditions: Is It Possible to Retire Without Resigning?

Retirement Conditions: Is It Possible to Retire Without Resigning?

Retirement is one of the biggest dreams of every employee who has worked hard for years. However, the complexity of social security legislation in Turkey and misinformation spread through word of mouth can cause many citizens to lose their rights or postpone their retirement process.

In this article, in light of the most recent decisions given by the AYM (Constitutional Court) and the Court of Cassation; we have compiled critical legal details that will make your life easier during the retirement process, from applying for retirement without leaving your job, the effects of the wear and tear allowance, the myth of “retirement in 7 years” on social media, to the consequences of working without insurance.

1. Can a Retirement Application Be Filed Without Leaving the Job?

In previous practices, for an insured person to request an old-age pension (retirement salary), it was a legal requirement to first resign from their workplace, meaning “leaving the job”. This situation put citizens who wanted to continue working despite having earned the right to retire or those experiencing problems in severance pay processes into a serious deadlock.

The Constitutional Court Issued a Groundbreaking Decision!

The Constitutional Court annulled this requirement, finding it contrary to the constitutionally guaranteed right to social security. According to the court’s reasoning, allowing the insured person to switch to “passive insured” status and receive a salary without leaving their job does not harm the functioning of the social security system.

TIP: Current Situation: If you have fulfilled the age, premium day count, and insurance period requirements, you can now apply for retirement without the condition of leaving your job. The General Assembly of Civil Chambers of the Court of Cassation also clearly protects this right in its decisions.

2. How Does the Wear and Tear Allowance (Actual Service Period Increase) Affect Retirement?

Citizens working in heavy, dangerous, or strenuous jobs are legally granted an “Actual Service Period Increase” (popularly known as the wear and tear allowance). The most frequently asked question by employees with this right is how this period will reflect on retirement calculations.

According to the decisions of the Court of Cassation and the General Assembly of Civil Chambers, the wear and tear allowance has two main limits:

• Provides a Reduction from the Age Limit: The earned actual service period increases are deducted from the age limit at which you can retire, allowing you to retire at an earlier age.
• Does Not Backdate the Insurance Start: One of the most common mistakes is to assume that the wear and tear allowance will bring the insurance start date forward. Although the Court of Cassation accepts adding this period to the actual service period, it does not allow the creation of a retroactive “hypothetical insurance period” and the changing of the start date.

3. Is the Claim of “Retirement with 7 Years of Work” True?

Recently, unfounded claims such as “anyone who works for 7 years can retire” and “the retirement period has decreased to 7 years” have been circulating on social media and websites.

From a legal perspective, it must be clearly stated that there is no regulation in our legislation or high court decisions stating that the right to retire can be earned with 7 years of work. The age, premium day count, and insurance period requirements necessary for retirement are still subject to strict conditions under current laws. Making official transactions based on such unfounded information can lead to irreparable losses of rights.

4. How Do Uninsured Work Days in the Past Affect Retirement? (Service Determination Lawsuit)

Many employees realize when retirement time comes that they were employed without insurance or their premiums were underpaid by their employers in past years. The most effective legal path for citizens who cannot retire due to missing premium days is to file a Service Determination Lawsuit.

In these lawsuits, timing and the beginning of rights are very critical:

According to the established jurisprudence of the 10th Civil Chamber of the Court of Cassation; the periods you win as a result of the service determination lawsuit create insurance rights as of the past date you actually worked, not the date the lawsuit ends (becomes final).

In this way, if it is understood that you meet the retirement conditions with the determination of your retroactive premiums, your pension requests can be evaluated retroactively based on that old period when the work was performed.

Summary Table: Latest Status on Retirement Rights

Subject of Curiosity	Old Practice	New Situation After High Court Decisions
Obligation to Leave Job	It was mandatory to resign from work to file a retirement petition.	Retirement request can be made without leaving the job, while continuing to work.
Effect of Wear and Tear Allowance	It only increased the premium day count.	Brings the retirement age forward but does not walk the insurance start date back.
Claim of 7 Years of Work	There was no such practice.	It is a completely unfounded claim; legal premium and age requirements still apply exactly.
Determination of Uninsured Days	It was uncertain when the rights would begin.	When the service determination lawsuit is won, rights begin on the day actually worked in the past, not the day the lawsuit ends.

Why Should You Get Expert Attorney Support During the Retirement Process?

Retirement is not a simple administrative process consisting merely of filling out a form and submitting it to the institution. Especially for those who have worked in multiple statuses (Bağ-Kur, SSK, Retirement Fund), those with wear and tear allowances, or those with insurance gaps in the past, an incorrect application can lead to not receiving a salary for months or being granted a low salary. Lawsuits such as service determination require technical knowledge, collection of correct evidence, and full mastery of Court of Cassation jurisprudence.

As NS Law and Consultancy, we stand by you with over eight years of experience to ensure you do not experience a loss of rights while securing your future, to determine your missing premiums, and to carry out your retirement application under the most advantageous conditions.

To get a detailed legal analysis regarding your retirement rights, to initiate your service determination lawsuits, or to take the correct steps in accordance with the legislation, you can contact us to make an appointment through our communication channels.