1261 days rule changes in retirement

The number of days required for the retirement of small tradesmen will be reduced to 7200 and will be equal to those of SSK employees. With this step, which will increase the income of the tradesmen, the rule of the last 1261 days, which determines retirement, will also change.

In the calculation of retirement pension, 7 years of actual service (360×7= 2520 days) elapsed by paying premiums or deductions backwards from the retirement date of the insured is taken as a basis. This rule concerns not only SSK members, but all employees. 1261 premium payment days, which is one day more than half of the last seven years of actual service, are retired under the same conditions.

Even if the premiums are equal, a pension is granted from the status of the last insurance. With the decrease in the premium burden of the tradesmen, this rule will also disappear. Regardless of which insurance branch, completing 7200 days will be able to retire. In addition, partial retirement, which is 5400 days in Bağ-Kur, will decrease to 4500 days, as it is for SSK employees.

According to the news in Sabah; The answers to some of the questions asked about the premium reform for tradesmen, which will close the premium gap, are as follows:

The Ministry of Labor and Social Security has prepared the infrastructure for the legal work on the model that will equate the number of premium payment days of small tradesmen with SGKs. After the elections, the bill will be presented to the Parliament. With the legal regulation, the difference of 1800 days (five years) between employees from SSK and Bağ-Kur will end.

In today’s system, those with SSK can retire (partially) from old age with a premium of 4500 days, who have completed 25 years of insurance and who are 60 years old. On the other hand, people of Bağ-Kur get partial retirement right if they pay premiums for at least 5400 days. With the equalization of the number of premium days, this separation in partial retirement will also come to an end. The number of premium days for small traders will also decrease to 4500.

In the current system, the last 7 years (2530 days) of the insured’s actual service period is taken into account. In which status (SSK, Bağ-Kur, Retirement Fund) the 1261 premium payment days, which is one day more than half of this period, have passed, one can retire under the same conditions. This rule applies to all employees.

For example, if the insured worked both as a member of Bağ-Kur and SSK, his pension is tied to the status he worked most. For example, the optional insurance offers both early retirement and higher pensions from SSK instead of Bag-Kur. With the new regulation, the rule of 3.5 years (1261 days) will end. With a low premium, the advantage of getting a high pension will arise.

With the regulation made in 2008, the 7-year rule was abolished. Individuals can retire early by taking advantage of the day difference if they meet the conditions to transfer their premiums from Bağ-Kur to SGK. With the regulations made on this date, changes were made in the social security practices.

For those who are insured for the first time after this date, the retirement conditions are determined according to the insurance branch in which the most premium is paid, by looking at the insurance premiums paid throughout their working life, not the last 7 years.

It is not a mandatory application. The Court of Cassation is of the opinion that the unification of services is not obligatory, but depends on the will and will of the person according to his interests. According to the Court of Cassation, if the total length of service in some social security institutions is sufficient for a monthly pension, there is no obligation to combine the services spent in other institutions “provided that the will of the insured or beneficiary is in this direction”. Combining studies conducted in more than one institution increases the service score, does not affect the level, degree, premium deductions.

Those who are insured for the first time on or after 1 October 2008 are entitled to retirement from the status with the most service during their working life. Those who have insurance before this date are bound by the status of excess of actual service period within the last seven years of actual service, and if the service periods are equal, the status to which the last of the equal service periods is subject. The increase and bonuses to be received on the retirement pension are also calculated accordingly.