Because retirement is a goal for many people, the conditions for retirement are of interest to individuals in various circumstances and social situations. Prisoners can also qualify for retirement if they meet the relevant requirements.
Possibility of Retirement While in Prison
Convicted persons serving time in prison may be able to purchase insurance periods. In other words, the days spent in prison can later be counted toward insurance by submitting a request for period purchase after an acquittal or other legal clarification. In this respect, prisoners are given the opportunity to qualify for retirement. At the same time, social security registration for people held in prison will be canceled because the Social Security Institution (SGK) treats prison time as non-working time. When registration is canceled, there is no refund of premiums from that canceled insured status.
Under the optional insurance scheme, prisoners have the right to obtain retirement. If individuals voluntarily pay monthly premiums, retirement while in prison becomes possible. The minimum optional insurance premium is 527 TL and the maximum premium that can be paid is 3,425 TL. However, an important point to note is that if a person was previously insured under scheme 4A or 4C, the time spent in prison may lead to cancellation of that insured status. Because there is no actual employment during incarceration, the SGK may cancel the person’s insured status. In that case, paying optional insurance premiums will be governed by the rules for the 4B scheme when determining retirement eligibility.
Can a Detained Civil Servant Retire?
Eligibility to retire from prison through period purchase applies to short-term sentences. For those who have spent most of their lives in prison and cannot purchase many periods, retirement will typically be handled under the optional insurance framework. The situation differs for civil servants. The retirement conditions for a detained civil servant are set out in Law No. 5434. According to that law, a detained civil servant who meets the service and age requirements may apply for retirement. The application process, however, has specific rules. If the civil servant is detained, an authorized representative may be appointed to submit the application. If a conviction has been issued, a guardian must be appointed so the guardian can submit the retirement application on behalf of the person.
For civil servants to retire, women must complete 20 years of service and men must complete 25 years of service, and the required age threshold must be met. Individuals who have not completed 20 or 25 years of service cannot retire as civil servants. Time spent in prison that does not count toward service prevents civil servants from meeting the service requirement for retirement. Under Law No. 5434, articles 31 and 15 describe that when a civil servant is suspended from duty or detained for an alleged offense, their salary is paid at two-thirds and their service period is counted at half. However, if a conviction is rendered, the employment relationship with the institution is terminated. Consequently, if detention ends and a conviction stands, the person will lose their 4C position and cannot complete the required service period, resulting in loss of the right to civil servant retirement.
Retirement Bonus for Detainees or Convicts
Under Article 89 of Law No. 5434, when monthly pension payments are determined for combined worker–artisan or civil servant service, provisions of the Labor Law No. 1475 are applied. In other words, just as severance pay is not paid when employment is terminated under the Labor Law, institutions do not pay a retirement bonus when a civil servant’s employment relationship is severed. In such cases, whether a person had insurance or Bağ-Kur coverage before or after civil service, they will not receive a retirement bonus. However, civil servants who were removed from their positions and are convicted may be eligible to receive a retirement bonus based on their service time.