Regarding Law No. 7438 on the Those Affected by Retirement Age Restrictions (EYT).

In Detail

According to Law No. 7438 and to Provisional Article 95 added to Social Security and General Health Insurance Law No. 5510 published in the Official Gazette dated 03 March 2023, for those who apply for monthly pay after 03 March 2023, those eligible for old-age or retirement pay according to the following provisions may be granted old-age or retirement pay if they meet conditions other than the ages specified in these provisions:

a) (SSI) Subparagraph (B) of Paragraph 1 of Provisional Article 81 of Social Insurance Law No. 506,

b) (Bağ-Kur) Paragraph 2 of Provisional Article 10 of Social Insurance Institution Law No. 1479 on Artists, Craftsmen and Other Independent Employees,

c) (Agricultural SSI) Subparagraph (B) of Provisional Article 2 of Social Insurance Law for Agricultural Workers No. 2925,

d) (Retirement Fund) Provisional Article 205 of Retirement Fund Law of the Republic of Türkiye No. 5434.

No retrospective payment will be made, and no retrospective rights can be claimed on the grounds of these changes made on 03 March 2023.

1) Retirement conditions within the scope of EYT based on insurance status

The tables below show retirement conditions within the scope of EYT based on the insurance status of persons whose insurance first started on 08 September 1999 or before that date, in line with Law No. 7438.

2) 5-point premium support for employers

Within the scope of amendments made with Law No. 7438, for those who have requested and been granted old-age or retirement pay for the first time and for those given notice of resignation due to an old-age or retirement pay request and who have start working in the private sector workplace where they last worked and who are the subject of social security support premiums within 30 days following the date they left their jobs: “the amount corresponding to 5 points of the employer's share of the social security support premium” will be covered by the Treasury.

However, if an insured person who is the subject of the social security support premium employer's share discount leaves the job, this discount will not be available again for this person.

The 5-point discount can be benefited from if the other conditions set forth in sub-paragraph (i) of the first paragraph of Article 81 of Law No. 5510 are met. The implementation procedures and principles regarding benefiting from the support will be determined jointly by the Ministry of Labor and Social Security and the Ministry of Treasury and Finance. 

3) Abolition of required retirement for public workers

Provisions requiring the compulsory termination of employment contracts in the event that workers (those employed in public institutions and organizations; persons who have been transferred to worker status in special provincial administrations and municipalities, their subsidiaries, and the local government unions of which they are members; those employed in companies where more than half the capital belongs to special provincial administrations, municipalities and their affiliates, together or separately) within the scope of Provisional Articles 23 and 24 of Decree Law No. 375 are entitled to receive retirement, old-age or invalid payment have been abolished. The decision to continue or terminate an employment contract is left to the parties of the contract.