After the death of a person who has insurance, determining who will inherit that person’s insurance benefits has long been a matter of discussion. To resolve disputes that often arise in large families, legal regulations have been clarified and potential gaps closed.
The frequently asked question “who inherits the pension of a deceased retiree” now has a clear answer. Before addressing that directly, one important detail must be noted: if the person did not meet the retirement conditions at the time of death, no pension is granted. In that case, the premiums paid by the insured are paid as a lump sum to eligible relatives. If the deceased met the conditions for receiving a pension at the date of death, survivors may be entitled to a pension. For both situations, if the relatives do not meet eligibility criteria, neither a lump-sum payment nor a pension is awarded.
According to Law No. 5510, relatives of Bağ-Kur and SSK insured citizens who have paid 1,800 days of disability, old-age and death insurance premiums can receive a pension provided they meet the required conditions.
The same Law No. 5510 explains who receives the pension when a retiree dies. Under this law, a legally married spouse—male or female—receives a widow(er)’s pension in the event of the other’s death. If the spouse remarries after the death, they are not eligible to continue receiving that pension.
Under the same law, sons are eligible for a death pension from their father or mother until age 18 if they are not receiving income from another institution and are not students. If they are in university education, the age limit is 20, and for those in higher education, it is 25. Daughters, on the other hand, can receive the survivor’s pension from their father regardless of their education status or age, subject to the law’s provisions.
Regarding the sensitive question of how a deceased person’s pension is transferred to the spouse: individuals who meet the legal criteria must apply in person to the provincial or district offices of the Social Security Institution (Sosyal Güvenlik Kurumu). If the application is not made within five years from the date the right was acquired, the entitlement is subject to statute of limitations and payments will not be made even if a claim is filed after that period.