Survivor’s Pension Due to Spouse’s Death — Certain conditions must be met for a person to be eligible for a survivor’s pension following the death of a spouse. If these conditions are not satisfied, the pension will not be granted. Special care is also required in situations such as ongoing divorce proceedings or criminal acts like murder when assessing entitlement to the survivor’s pension.
Situations Where the Survivor’s Pension Is Not Granted
Under the relevant law, when an insured worker dies while employed, their spouse, children, or parents may be eligible for a survivor’s pension. Eligibility depends on the insured’s contribution history and employment status: for those under the 4B (Bağ-Kur) and 4C (Pension Fund) schemes, 1,800 days of contributions are required; for 4A (SSK) insured persons, at least five years of insurance coverage and 900 days of contributions are required.
Article 56 of Law No. 5510 on Social Insurances and General Health Insurance specifies certain exclusions. A survivor’s pension will not be granted when the deceased insured was intentionally killed by the beneficiary, when the beneficiary attempted to kill the insured, or when the beneficiary caused the insured to become permanently unable to work or to be disabled. Likewise, when a beneficiary has committed a serious crime against the insured or has significantly failed to fulfill family-law responsibilities toward the insured, or when the insured has been deliberately deprived of inheritance rights by a disposition related to the death, the survivor’s pension is not payable.
The Social Security Institution (SGK) may deny survivor’s pension benefits based on such grounds only if a final court judgment exists. If it is later determined that a beneficiary killed the insured after benefits were already granted, or if a court decision rendered after pension payment is finalized establishes that the beneficiary is culpable, the SGK may recover paid pension amounts for up to ten years plus interest. These rules apply equally to surviving spouses of either gender, as well as to children and parents who might be eligible.
Situation When Divorce Proceedings Are Ongoing
Many couples file for divorce each year. Whether a surviving spouse is entitled to a pension when the other spouse dies during ongoing divorce proceedings is a common concern. For the SGK to grant a survivor’s pension, a valid legal marriage must be in place. Under the Turkish Civil Code, the marital relationship continues until a court’s final divorce decree is issued.
Therefore, when one spouse dies while divorce proceedings are pending, the surviving spouse’s entitlement depends on the specific circumstances. Heirs of the deceased insured have the right to continue the divorce case. If the heirs do not pursue the divorce, the marriage is terminated by death rather than divorce, and the surviving spouse may receive the survivor’s pension. However, if one of the deceased’s heirs continues the divorce and the court ultimately finds the surviving spouse at fault, resulting in a finalized divorce judgment, the survivor will not be eligible for the pension.
Pension Payments During the Court Case
When heirs continue a divorce case and the surviving spouse is later judged to be at fault, the surviving spouse is not entitled to the widow/widower pension. The surviving spouse retains claimant status until the divorce case reaches a final judicial decision. In practice, if heirs pursue the divorce, the SGK may grant pension payments to the surviving spouse from the date of death up until the date when the divorce decision becomes final.
If the court issues a divorce decree and finds the surviving spouse at fault, the court may order suspension of the survivor’s pension effective from the month following the finalization of the divorce judgment. Grounds that typically establish fault include adultery, causing the death of the insured, or other serious misconduct that the court deems sufficient to render the spouse culpable.