Disability should not be viewed as a deficiency. Today, people with disabilities contribute to the economy and make notable achievements in many fields. Disability can arise from injury or from physical or mental conditions that limit a person’s senses or mobility, and it can be congenital or develop later in life. A major challenge for people with disabilities is how others treat them. Society should approach people with disabilities with sensitivity, and individuals should receive training to better understand and support them.
There are many citizens with disabilities in our country. To ease their daily lives, the government provides various forms of support. Working conditions have been adjusted to accommodate disabled employees. Employers are required to hire a certain proportion of disabled workers, which has helped increase employment opportunities. Disabled civil servants receive specific concessions in many areas, including retirement. The retirement conditions for disabled civil servants have been eased compared with standard rules, making earlier retirement possible in some cases.
Under Law No. 657, public institutions and organizations are required to employ disabled personnel equivalent to 3% of their staffed positions. This mandatory quota is calculated based on the institution’s total filled positions, and has contributed to higher employment among people with disabilities. Examinations for disabled applicants are often scheduled separately from standard exams. Below, we review the retirement conditions for disabled civil servants.
Retirement Conditions
Those Who Began Service Before October 2008
Retirement conditions for disabled civil servants are set out in legislation. According to paragraph j of Article 39 of Law No. 5434, persons employed under special provisions due to their disabilities who have completed at least 15 years of service are entitled to retire upon request. Specific provisions are clarified in various laws. For contributors to Law No. 5434 who became public servants after the law’s effective date, disability arising under the following circumstances is treated under the provisions related to duty- and wartime-related disability:
- Disabilities that occur while performing their official duties,
- Disabilities sustained while performing other public tasks to which they were assigned by their administration,
- Disabilities that occur while carrying out work intended to protect the institution’s interests,
- Disabilities that happen while commuting to or from work in a vehicle provided by the administration,
- Disabilities resulting from an accident at the workplace for any reason,
- Disabilities identified by reports from authorized health institutions and supporting documents, indicating a loss of at least 60% of working capacity or loss of the ability to perform duties and to earn a living in their profession.
For civil servants who entered public service before the relevant law came into force and who have at least a 40% disability, early retirement can be granted if they have paid at least 5,400 days of contributions. However, rules differ between those born with disabilities and those who became disabled later. Individuals appointed to disabled positions at entry to public service with a disability rate of 40% or higher can retire after completing 5,400 days of contributions. Civil servants who began their service in good health but later acquired a disability due to an accident may qualify for early retirement after contributing for 5,760 or up to 6,480 days, depending on the circumstances.
Those Who Became Public Servants After October 15, 2008
Retirement conditions for disabled civil servants who started public service after a certain date are different. According to the law, insured individuals who already had a disability or illness serious enough to qualify as a disability before their first day of work—and who are therefore not eligible for disability pensions—may be entitled to an old-age pension if they have been insured for at least 15 years and have at least 3,960 days of contributions. Medical reports issued by health boards of authorized institutions and the related medical documentation are examined by the Institution’s Medical Board, which may affect the required period of contribution according to changes in the assessed loss of working capacity.
Insured persons with a disability rate between 50% and 59% are eligible for an old-age pension if they have been insured for at least 16 years and have 4,320 days of contributions. If the disability rate is between 40% and 49%, the insured person qualifies for an old-age pension if they have been insured for at least 18 years and have 4,680 days of contributions.