When insured public employees suffer injury or illness while performing their duties—or while carrying out tasks assigned by their administration to another public institution, or while performing other work intended to protect the interests of the institution, or while traveling to and from the workplace in a vehicle provided by their administration, or as a result of an accident occurring at the institution—this condition is regarded as “duty-related incapacity” (vazife malullüğü). The term also applies to anyone who experiences such incidents under the circumstances described above.
Effective Date of Duty-Related Incapacity
The application of duty-related incapacity under our legal framework began with the entry into force of Law No. 5510. For the first time, mandatory duty-related incapacity protection for insured persons was included under the pension fund provisions in Article 4, paragraph 1, subparagraph (c) of that law.
Reporting Deadlines for Duty-Related Incapacity
Public servants must report any event that causes duty-related incapacity to the local law enforcement authorities or to other competent authorities authorized by their regulations without delay. They must also notify the Social Security Institution no later than 15 business days from the event—i.e., within two weeks of work days. Insured employees who are entitled to benefits may also submit notifications to the Social Security Institution within the same deadline.
Failure by institutions or public administrators to notify authorized persons about events that cause duty-related incapacity does not relieve those authorized officials of their own reporting obligations. Institutional notification responsibilities remain in force regardless of internal lapses.
Timeframe for Notification to Social Security Institutions
The period for notifying the Social Security Institution begins from the moment the duty-related event occurs. In cases involving illness, the deadline may be tied to the date when definitive medical reports confirm that treatment is not possible or that the employee’s condition meets the legal criteria for duty-related incapacity. For cases involving detention or disappearance, the period begins from the date those circumstances are legally concluded.
When Do Duty-Related Incapacity Pensions Begin?
Pension payments for reported duty-related incapacity are effective from the first day of the month following the month in which the insured employee’s employment ends due to death or permanent incapacity. For individuals covered under Law No. 3713 who have been declared duty-related incapacitated but continue to work in altered classes or positions, pension rights begin from the first day of the month following the date they started working in the modified class or position—without the need for removal from duty or a separate application.
Conditions for being recognized as duty-related incapacitated and for receiving benefits include that the incident or illness must have arisen:
- while performing official duties,
- while carrying out assignments given by public administrators outside normal duties for another public institution,
- while undertaking work intended to protect the interests of their institution,
- while traveling to or from the workplace in a vehicle provided by their administration, or
- as a result of an accident occurring at the workplace for any reason.
Claims of duty-related incapacity and benefit eligibility are assessed by the official determination boards established by the institution, which evaluate the nature and cause of the illness or injury. If an employee’s condition prevents them from performing their duties beyond the legally defined periods, and the illness or injury meets the criteria for duty-related incapacity, the institution’s board reaches a final decision. For those whose duty-related incapacity is accepted, provisions of Decree-Law No. 47 are applied where relevant.
Reporting obligations for duty-related incapacity are as follows:
- The event causing duty-related incapacity must be reported immediately to the competent law enforcement authorities or other authorized officials under applicable regulations.
- The institution must be notified no later than 15 business days after the event.