Is it possible for civil servants covered by the Emekli Sandığı (Pension Fund for public employees) to reclaim their Emekli Sandığı contributions before retiring? This question raises doubts for many citizens. In this article, we will examine the issue in detail. First, it should be stated that reclaiming Emekli Sandığı contributions is possible under certain conditions.
What Are the Conditions to Reclaim Emekli Sandığı Contributions?
These contributions can be refunded as a lump-sum payment based on old-age or death. However, certain conditions must be met. One condition applies when insured persons under Emekli Sandığı leave their positions and, although they have passed the required age threshold for an old-age pension, they are not entitled to receive disability or old-age pension payments. Under these circumstances, the paid contributions may be returned as a lump-sum. In the event of the insured person’s death, the right to reclaim Emekli Sandığı contributions belongs to the surviving eligible beneficiaries. If survivors cannot be granted a death pension for specific reasons, a lump-sum death payment is made. Death lump-sum payments are distributed to the spouse, children, and parents according to their degree of kinship and are allocated by shares specified in legislation.
Reclaiming Emekli Sandığı contributions is carried out in two main ways: lump-sum payment and premium refund (kesenek iadesi).
Lump-Sum Payments from Emekli Sandığı Contributions
– Under Law No. 5434, lump-sum payments are made to those who leave service due to age or who have reached the age limit of 61 and wish to retire but whose total working days are fewer than 15 years.
– Persons referred to in subparagraphs (e) and (f) of Article 39, whose total service period does not exceed 25 years, may also be eligible for lump-sum payment.
– When ordinary disability is determined, the survivors (spouse and orphans) of insured persons whose service period is less than 15 years are eligible for a lump-sum payment. After the insured person’s death, male children who are certified by the health authority as unable to work due to illness or disability may receive a lump-sum payment regardless of age. To benefit from these rights, eligible persons must apply to the pension fund with the required documents within two years. Otherwise, the rights lapse due to statute of limitations and the amounts are redistributed among other applying beneficiaries.
Premium Refund (Kesenek Iadesi) for Emekli Sandığı Contributions
For insured persons who leave their employment before becoming eligible for a pension, the contributions paid up to that date are calculated. According to Article 87 of the Emekli Sandığı Law, payments are not made to those whose service increments have not completed five full years during the period they served. Until a lump-sum payment is finalized, heirs who apply may receive an advance of the premiums for spouse and orphans. In reclaiming Emekli Sandığı contributions, upon application the beneficiaries may receive half of the amount as an advance payment.
Under the former Social Insurance Law No. 506, Article 64:
If a person employed in insured work had met the age requirement but was not entitled to a pension, they could request and receive a lump-sum payment in writing.
With the new Social Insurance and General Health Insurance Law No. 5510, which came into force on October 1, 2008, the provisions were updated accordingly.
Statute of Limitations for Reclaiming Emekli Sandığı Contributions
Retroactive payments can be made for up to five years if beneficiaries submit an application within that period. If an application is made after five years, payment begins at the start of the month following the application date, but no retroactive payment is provided.
If at the time of death there are no surviving spouse or orphan beneficiaries eligible for a pension or lump-sum payment, the contributions remain with the Emekli Sandığı.
For workers who started employment after 1999 but before May 1, 2008, the lump-sum payment age is 58 for women and 60 for men. For those who first entered employment after May 1, 2008, the lump-sum payment age is 65.
Insured persons or their heirs may choose to restore their insurance rights by repaying the premiums they previously received along with legal interest. The reclaiming of Emekli Sandığı contributions applies to civil servants and their eligible heirs, and the refund of contributions is a right available to all employees covered by the system.
There are also specific rules for contribution refunds after permanently returning to Turkey from abroad. For example, while working in Germany a person accumulates premiums both from employee contributions and employer contributions. If the person decides to permanently return to Turkey before age 65, they are generally entitled to reclaim only the contributions deducted from their own salary; employer-paid contributions remain with the foreign country’s system. If the return to Turkey occurs after retirement and after reaching age 65, the entire contributions may be considered. Any adult over 18 may request these premium refunds, but typically at least two years of residence in Turkey is required to apply. During this two-year period, the person should not be employed in another job in Turkey.