Can contracted personnel who have been placed into staffed positions retire under civil servant status? This question has become one of the most frequently asked topics among public employees in recent years. In Turkey, retirement rights of both staffed (permanent) and contracted personnel are governed in detail by the 657 State Civil Servants Law, the 5434 Pension Fund Law and the 5510 Social Insurance and General Health Insurance Law.
Difference Between Staffed (Permanent) and Contracted Personnel
Who Is a Staffed (Permanent) Employee?
- Employees subject to Law No. 657 who have salary, personal rights and retirement security guaranteed by the state.
- They are retired under the scope of the Pension Fund (Law No. 5434).
- They have rights such as transfers, promotions, seniority and grade.
Who Is a Contracted Employee?
- Those employed under a fixed-term employment contract, commonly known as 4/B contracted personnel.
- They pay contributions under SSK (4/A) within the scope of Law No. 5510.
- Unless they move into a staffed position, they are regarded as worker status rather than civil servants for retirement purposes.
What Does “Contracted Personnel Who Have Been Placed into Staffed Positions” Mean?
Especially through omnibus laws enacted in 2011, 2013, 2020 and 2023, thousands of contracted personnel in Turkey were transferred into staffed positions. These individuals are commonly referred to as “contracted personnel who have been placed into staffed positions.”
In this situation:
- The employee becomes a civil servant subject to Law No. 657.
- Their retirement is evaluated under the civil servant pension system (Emekli Sandığı, 4/C).
- Their salary and severance pay calculations follow the civil servant system.
Retirement of Contracted Personnel Who Move into Staffed Positions
1. If They Have Transferred to a Staffed Position
If the person has been transferred to a staffed position and is subject to Law No. 657, they will retire as a civil servant.
2. If They Have Not Transferred to a Staffed Position
Contracted personnel who continue working without transferring to a staffed position continue paying contributions as workers (SSK 4/A) and will retire under SSK rules.
Legal Basis
| Law | Description |
|---|---|
| Law No. 657 (State Civil Servants) | Regulates working conditions and retirement provisions for staffed civil servants. |
| Law No. 5434 (Pension Fund) | Governs civil servant pensions and severance payments. |
| Law No. 5510 (Social Security) | Regulates SSK and Bağ-Kur retirement schemes. |
| Omnibus Laws (2011, 2013, 2020, 2023) | Include provisions that allowed contracted personnel to be transferred into staffed positions. |
Retirement Requirements for Contracted Personnel Who Became Staffed
Age and Service Time
- Female civil servant: 20 years of service + 58 years of age
- Male civil servant: 25 years of service + 60 years of age
- Phased transition tables extend the retirement age up to 65 for years after 2036.
Contribution Payments
- Those placed into staffed positions pay contributions under the Pension Fund (Emekli Sandığı, 4/C).
- Contribution deductions are applied automatically from salary.
Advantages of Retiring Under Civil Servant Status
- Higher retirement pension
- Retirement severance (calculated as years of service × last salary)
- Health coverage through social security
- Survivor (widow/widower and orphan) pension benefits
Difference in Retirement Pay Between Staffed and Contracted Personnel (Sample Table)
| Status | Retirement Pension (estimated 2025) | Severance |
|---|---|---|
| Staffed Civil Servant | 32,000 TL | 25 years × last salary = 800,000 TL |
| Contracted (SSK) | 19,500 TL | None (may have severance pay instead) |
Examples of the Situation for Contracted Personnel Who Moved to Staffed Positions
Example 1: Teacher Transferred to Staffed Position in 2011
- Contributions were previously paid to SSK.
- After transferring to a staffed position, they became subject to the Pension Fund.
- Retirement pension will be calculated based on civil servant rules.
Example 2: Health Worker Who Did Not Transfer to Staffed Position
- Still works as a 4/B contracted employee.
- Retirement pension will be paid under SSK rules.
Retirement Calculations After Transferring to a Staffed Position
Retirement for contracted personnel who become staffed is calculated using a two-period method:
- SSK contribution days before transferring to the staffed position
- Pension Fund service days after transferring to the staffed position
Both service periods are combined to determine total service time. The retirement pension is primarily based on the latter period.
Points to Consider for Contracted Personnel Who Became Staffed
- Apply to SGK for service consolidation.
- Retirement applications can also be submitted via e-Government.
- After transferring to a staffed position, regularly track grade and seniority updates.
Sample Calculation: 25 Years of Service – Teacher
- 10 years SSK (contracted period)
- 15 years Pension Fund (staffed period)
Total = 25 years of service
According to the last-7-years rule, if the majority of the last seven years were spent under the civil servant status, the retirement will be processed as a civil servant pension.
Retirement Process for Contracted Personnel Who Became Staffed
- Application: Submit a retirement petition via e-Government or the employing institution.
- Service Consolidation: SGK consolidates previous service periods.
- Pension Calculation: The status held during the last seven years is taken as the basis for pension calculation.
- Severance: Severance payments are made for years served under the civil servant status where applicable.
Frequently Asked Questions (FAQ)
1. Do contracted personnel who move to staffed positions retire as civil servants?
Yes, anyone who transfers to a staffed position retires under civil servant status.
2. Can contracted personnel retire without transferring to a staffed position?
Yes, but they will retire under SSK (worker) rules.
3. What is the “last 7 years” rule?
It determines the retirement status: the insurance category under which the last seven years were completed defines the retirement status.
4. Is the retirement severance paid only to civil servants?
Yes, severance is paid to those who retire under civil servant status.
5. How is service consolidation done?
Service consolidation is carried out by applying to SGK, which merges all periods of employment.