Pension Rights for Public Officers Expelled by Decree Laws: Recent AYM Decision

Pension Rights for Expelled Public Officers: Reclaiming Your Bonus with the Recent AYM (Constitutional Court) Decision

One of the greatest grievances experienced by thousands of public officials who were expelled from public service by Statutory Decrees (KHK) or administrative actions during the State of Emergency (OHAL) period concerns their retirement bonuses. Citizens who served the state for years but were somehow expelled faced a major obstacle from the SGK (Social Security Institution) when their retirement time arrived.

However, recent precedent-setting decisions by the AYM (Constitutional Court) and the current practices of Administrative Courts have completely eliminated this injustice. In this article, we explain step-by-step how expelled civil servants can reclaim their retirement bonuses along with legal interest.

Why Does SGK Refuse to Pay the Retirement Bonus?

When a civil servant expelled from public service later gains the right to retire by completing the age requirement or by merging services under different statuses (SSK/Bağ-Kur), they apply to SGK for a bonus. However, SGK typically rejects these requests, citing Article 89 of the repealed Law No. 5434.

SGK’s justification for rejection usually is: “You did not leave a position subject to the Retirement Fund for the last time” or “Your civil service did not end in a way that entitles you to severance pay.”

However, this practice is entirely contrary to the law! A person receiving a penalty or being expelled cannot strip them of their “right to property”, which is the equivalent of the actual services they provided to the state and the premiums they paid in the past.

The Groundbreaking Precedent Decision of the Constitutional Court

The Constitutional Court examined this rigid practice of SGK and issued a historic decision (the Fikret Aslan Decision).

According to the AYM’s decision:

• The fact that a person was expelled from public service cannot be a justification for wiping out the retirement bonus they earned in past years.
• The retirement bonus is an accumulation that the civil servant leaves to state assurance while working and hopes to receive upon retirement; therefore, it is protected under the Right to Property.
• Not paying the bonus on the grounds of expulsion is a direct violation of the right to property and the principle of equality in the Constitution.

Following this decision, the entire administrative judiciary, particularly the Ankara Administrative Courts, began to systematically annul SGK’s rejection decisions and order the payment of bonuses with legal interest.

How Can an Expelled Civil Servant Receive Their Retirement Bonus?

The most important point to note here is this: SGK will not automatically pay this money to you. In order to receive the bonus you deserve, you must follow a specific legal procedure and file a lawsuit.

The process works as follows:

Step 1: Making a Written Application to SGK (Requesting the bonus) ↓ Step 2: SGK Rejecting the Request (Or implicitly rejecting it by not responding within 30 days) ↓ Step 3: Filing an Annulment and Full Remedy Action in the Administrative Court (Within the 60-day prescriptive period)

CAUTION: Pay Attention to the Statute of Limitations and Prescriptive Periods! It is mandatory to file a lawsuit in the Administrative Court within 60 days from the rejection response from SGK. If this period is missed, your lawsuit will be rejected due to time limits, even if you are right. Furthermore, there are specific administrative application periods for those who retired in the past and could not receive their bonuses. Therefore, timing is crucial.

Who Can Receive the Retirement Bonus?

• Those expelled by Decree Law (KHK) or disciplinary board decisions,
• Those who retire by merging services (SSK + Retirement Fund),
• Those who are granted an old-age pension after leaving the civil service.

NOTE: The amount of the bonus is calculated based on your degree, level, and the coefficients of the day you were expelled from the civil service; however, with a court decision, legal interest is applied to this amount from the past to the present, partially preventing the depreciation of the money.

Why Should You Work with an Administrative Law Expert Attorney?

Despite these annulment decisions by the courts, SGK does not change its institutional policy and does not make bonus payments unless individual lawsuits are filed. Administrative law and social security legislation are full of technical deadlines and procedural rules. A wrong petition or a missed deadline can cause you to completely lose your bonus, which is the product of years of effort.

At NS Law and Consultancy, we meticulously manage the administrative application processes of our clients expelled from public service. With over eight years of experience, we ensure that you receive the retirement bonus you deserve, along with legal interest, in the annulment lawsuits filed against SGK.

To securely claim your right to a retirement bonus without any loss of rights and to initiate your lawsuit, you can contact us by filling out the form on our website or through our direct communication channels to make an appointment.