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[BUSINESS] · Türkiye · 6 sources

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Yargıtay rules workers need not merge insurance services for retirement

The Turkish Court of Cassation (Yargıtay) has issued a landmark ruling regarding retirement rights for individuals with mixed insurance statuses. The decision establishes that workers who meet all retirement criteria—including years of insurance, age, and premium days—under a single insurance category, such as SSK (4/a), cannot be forced to merge those services with other statuses like Bağ-Kur to receive their pension.

The case originated when an individual, having fulfilled the requirements for SSK retirement, requested that their pension be processed solely based on their 4/a records. The Social Security Institution (SGK) rejected this request, citing existing procedures that required service merging.

Following a ruling by the Istanbul Anadolu 21st Labor Court and subsequent confirmation by the Regional Court of Justice, the 10th Civil Chamber of the Court of Cassation upheld the decision in favor of the worker. As a result, the institution must grant the pension based on the specific insurance category requested and pay all retroactive monthly payments along with legal interest.

Entities

Istanbul Anadolu 21st Labor Court · Social Security Institution · Yargıtay