In this article we will explain whether a death pension can be received when a spouse dies while registered with BAĞKUR or another social insurance scheme (such as BAĞKUR, SSK), and who may be eligible to benefit. When a BAĞKUR contributor dies, survivors may become eligible for a death pension if the legal conditions are met. If the deceased insured person does not meet the required premium days or insured period for a survivor pension to be granted, the remaining premiums paid on behalf of the insured can be returned as a lump-sum payment to eligible survivors. If survivors are eligible for a death pension, no lump-sum refund is made.
How is a survivor pension granted when the deceased was registered with BAĞKUR?
The legal rules in force on the date of death determine entitlement to a survivor pension for those who were insured under BAĞKUR. If the deceased would meet the pension conditions under the law but the potential beneficiaries do not meet the legal requirements, survivors cannot demand a lump-sum payment from the institution on that basis.
Under Law No. 5510, BAĞKUR and SSK (social security) contributors who have paid at least 1,800 days of premiums for old-age, disability and death insurance may have a survivor pension granted to eligible relatives. For those insured only under SSK (4a), if they have at least five years of insured service and 900 days of paid premiums without counting voluntary periods, their eligible survivors may receive a pension based on the applicable rules. Survivors of a person who was receiving or had earned entitlement to a duty-related disability, disability, or old-age pension but had not yet started receiving the pension may also be entitled to survivor benefits if they meet the conditions. To grant a survivor pension for someone who was registered with BAĞKUR at death, there must be no outstanding premium debt to the institution, or the debt must be paid by the survivors; otherwise the pension will not be paid until the debt is cleared. If the deceased was affiliated with other social security schemes, service periods are combined and the pension is paid according to the most recent status at the date of death. If combined services cannot be used to grant a pension, each service period is evaluated separately.
Survivor pensions for those who die while insured with BAĞKUR can be granted to legally eligible relatives such as the surviving spouse, children, mother and father. Each claimant is assessed separately by the Social Security Institution (SGK) according to the relevant rules.
Under Law No. 5510, a legally married spouse is entitled to a survivor (widow/widower) pension on the death of their husband or wife. Whether the surviving spouse is working or already retired does not automatically prevent entitlement, but the amount of the pension may differ depending on whether the surviving spouse already receives a pension from the institution. Simply remarrying does not create entitlement to a deceased spouse’s pension; legal marriage at the time of death is required for widow/er benefits.
According to Law No. 5510, male children who do not receive a pension from their own work and are not students are eligible for orphan’s pension until age 18. If they are in secondary education, eligibility extends until age 20; if in higher education, until age 25. Their pension is not cut off by marriage.
According to the same law, female children who are unmarried and do not receive a pension from their own work may continue to receive an orphan’s pension from their mother or father regardless of age.
Under Law No. 5510, children who have lost at least 60% of their working capacity according to a medical board report are entitled to an orphan’s pension as long as they do not work. No other age-related conditions apply to disabled children.
If the deceased’s parents have total income below the net minimum wage, are not receiving a pension from other children, and there remains a share in the estate after the spouse and children’s portions are allocated, the parents may be entitled to a survivor pension from their deceased child.
To enable the institution to grant a survivor pension, eligible relatives must apply to the SGK. Any unclaimed entitlement for benefits is subject to a five-year statute of limitations from the date the right to the pension arose. Funeral expenses, marriage grants and lump-sum death payments must be claimed within five years; if not claimed within that period they cannot be paid later—even if claimed afterwards. In cases of legal disappearance (gaiplik), the limitation period begins when the court decision on disappearance becomes final.
A widow’s pension is cut off upon remarriage. If that remarriage ends due to death or divorce and the pensioner requests reinstatement, the pension may be resumed. Daughters’ pensions are suspended when the circumstances described above change; if the conditions recur and are requested, the pension can be reinstated.
Under Law No. 5510, a daughter whose orphan’s pension is terminated because of remarriage may receive a one-time marriage allowance equal to two years’ worth of the orphan’s pension (commonly referred to as a marriage or “dowry” grant).
Funeral allowance is paid to the person who covered funeral expenses when the deceased was a pensioner, in cases of a work accident or occupational disease before retirement, or to the eligible survivors of a person who had paid at least 360 days of premiums but had not yet retired, if there are no other entitled relatives to receive it.
Retirement and survivor pensions represent income earned by people through years of work and provide financial support not only for the contributor but also for their dependents. It is important to know these rights and those of our relatives so we can apply for them promptly.