Garnishment of pension is a matter of concern for many pensioners. In general, pension payments cannot be garnished except for debts owed to the Social Security Institution (SGK) and court-ordered alimony. If a pension has been garnished for other debts, such as bank loans, steps should be taken to lift the garnishment.
Under What Conditions Can a Pension Be Garnished?
The conditions under which a pension may be garnished are clearly defined in Law No. 5510 on Social Insurance and General Health Insurance. According to this law, pension payments from SGK— including survivors’ pensions and disability income—can be garnished only for SGK debts and for alimony claims. Apart from those cases, garnishment of a pension requires the pensioner’s written consent. If the pensioner has not given written permission for deductions from their pension for a particular claim, they can file an objection with SGK.
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Be Careful When Taking a Bank Loan
When a loan is taken from the bank where the pension is deposited, banks routinely obtain an agreement stating that if the loan is not repaid the owed amount may be collected by deductions from the pension. This practice applies to any bank that pays a pension: if the pensioner takes a loan from that bank, the bank typically secures the right to collect unpaid installments directly from the pension account. Because many pensioners do not pay close attention to these clauses when signing, disputes often end up before higher courts. In a recent ruling, the court held that a contract signed freely by the debtor cannot be later annulled simply because the debtor regrets it. As a result, negligent or inattentive signing of loan agreements has legally enabled garnishment from pension accounts.
Precedent Decision from the Supreme Court
In a notable Supreme Court decision (2019/6324 E., 2020/3250 K.), it was ruled that when a pensioner accepts loan conditions by signing a contract, that acceptance cannot later be overturned. In the case, a pensioner who borrowed from the bank that also paid their pension authorized the bank to collect monthly installments of 1,030 TL directly from the pension. It is important for pensioners to understand that granting such authorization allows the bank to make automatic deductions from the pension when the payment is deposited. In other words, the pensioner does not physically receive the portion of the pension corresponding to the installment; the bank withdraws it directly from the account.
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Later, the borrower’s financial situation worsened and they had no income other than the pension. Because they could not receive their full pension and faced hardship, they asked the bank to cancel the agreement. The bank refused, and the pensioner filed suit. The local court found in favor of the pensioner and declared the bank’s agreement invalid. The bank appealed, and the Supreme Court overturned the local decision.
The Supreme Court emphasized that by using the pension as collateral when taking the loan, the pensioner agreed to the bank’s conditions, and in case of default the bank was granted the right to collect from the person’s salary, deposits, and blocked accounts. Therefore, if the pensioner fails to comply with the contract, the bank has the authority to withdraw the loan payments directly from the account that receives the pension, and this authority is established through a written consent form. According to this ruling, pensioners who pledge their salary accounts as collateral when taking a loan cannot later cancel the loan deductions from their pensions.
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