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Social Insurance Act - Turkish Law No.506
« on: June 19, 2007, 06:04:30 PM »
SOCIAL INSURANCE ACT

Law nr.506
Date: 17/7/1964
Turkish official gazette : Date : 1/8/1964 No:11766-11779


CHAPTER I

GENERAL PROVISIONS
 


Objective of the Act
Article 1- 
Social insurance benefits shall be provided, subject to the conditions prescribed by this Act, in cases of work accidents, occupational diseases, sickness, maternity, invalidity, old-age and death.
 
In this Act "the Institution" shall mean the "Social Insurance Institution".
   

Insured Persons
Article 2- 
(Amended: 11/5/1976-1992/ Art 1.)
Worker who have been employment by one or more employers based on to a contract of services, are mean as “insured person” in according to this Law.
 
The Protection security guards whom are employment based on Law No: 4081 dated of 10.7.1941 on Farmer’s Property Protection.

(Law Draft 01.01.2004 dated 29.07.2003, appended to article 25 of Law No. 4958) For the convicted and detainees employed at establishments, ateliers and similar units within Punishment execution institutions and prisons, only insurance types of occupational diseases and work accident, maternity and sickness are applying. However, in case of their demand, they can be voluntary insured on conditions that, they must carry out to provisions ,n Article 85 of the this Law from the point of view of the invalidity, old age and survivor’s of insurance branches. Employer of these employees is Punishment Execution Institutions and Prison Employment Institution and employer representatives are responsible directors and supervisors of Punishment Execution Institution and Prison Employment Institutions.
 
Insured persons and their spouses and children, and after the death of the insured persons their survivors specified in the Act, shall be entitled to the social insurance benefits referred to this Act. (See to Supp.Art.10, 13 and 40, and Tarns.Art.41)
 

Uninsured Persons   
Article 3-
I- The below-mentioned people not to be named insured due to this Law:    
A. (Amended: 24/10/1983-2934/Art.1) Working in agricultural business, excluding to following business :( see to Supp.Art.9)

a) Salaried workers in business of agricultural and forest of public sectors;
   
b) Salaried and permanently workers in the business of agricultural and forest of private sectors;
   
   c)   In the business of agricultural crafts;

d)   In the business which are carrying out in agricultural workplace but not to be named business of agricultural;
   
e)   In the business of park, garden, nursery and similar areas of the workplace that is not named agricultural workplaces;
 
B)    The spouse of the employer who is working without a wage;

C)    Relatives (up to and including the third degree of kin), living and working in the same dwelling and engaged in an occupation, on which no outsider is employed;

D)    (Amended: 11/8/1977-2100/Art.1) Persons employed in domestic service (excluding those working permanently on wages);

E)    Persons performing their compulsory military service (excluding those working subject to the provisions of Act No: 33, dated 27 February 1962);

F)    Persons paying dues to retirement funds established by law;

G)    Foreign nationals who are sent to Turkey for work to be done on behalf, and for the account, of an undertaking having its principal place of business abroad and who claim that -they are insured abroad;

H)   Students engaged in vocational training, in manufacturing and production works, in official schools established for arts and crafts training or in those established for similar purposes with the permission of the appropriate authorities;

(I) (Repealed by the 57th article of Law No. 4958 and dated 29.07.2003)

J) Sick or disabled persons who are undergoing a course of occupational rehabilitation in health establishments;

K)    Persons working on their own behalf and account, without being employed under a contract of service;

L) (Combined with 29/04/1986 - Art.3279/1, and repealed by the 57th article of Law No. 4958 and on 29.07.2003.)
 
 
II- Some insurance branches not provide for below-mentioned:
A) (Repealed by the 57th article of Law No. 4958 and dated 29.07.2003) 

B)  Apprentices as defined in the special legislation shall not be covered for maternity, invalidity, old-age and survivors' insurance and shall not be subject   to provisions of Article 35 of this Act, during the period of apprenticeship;

C) (Amended: 29/4/1986-3279/Art.1) Social Security Supporting Contributions shall be deducted, in accordance with the provision laid down in Article 63, from the earnings of the persons who are employed in an occupation under the present Act, while drawing invalidity or old-age pensions from the social security institutions established by law, over their earnings, taken as a basis for the calculation of the contribution determined in compliance with Article 78.

The Social Security Supporting Contribution periods completed shall not be treated as insurance periods completed under this Act, and the provisions of Act 2829 dated 24.5.1983, pertaining to the aggregation of employment periods completed under the Social Security institutions shall not apply. No lump-sum payments may be made in pursuance to the provision laid down in Article 64; however, the .provisions of Article 12 shall apply in cases of work accidents or occupational diseases.
 
In cases where any person out of those covered above, to whom occupational invalidity pension has been awarded place a request, in writing, to the Institution, invalidity, old-age and survivors' insurance schemes shall apply to such persons, as from the beginning of the month following the date of the application.
 
D) (Supplement with 20/06/1987 – Art.3395/1, and repealed by the 57th article of Law No. 4958 and dated 29.07.2003)

 
Definition of Employer and Proxy of Employer
Article 4-
(Amended: 11/5/1976-1992/Art.1)
For the purpose of this Act, the term "employer" shall mean any real or juridical person employing one or more insured person or persons as defined in Article 2. The term "Proxy of employer" shall mean any person managing the business on behalf and for the account of an employer.
 
The term employer, for the purposes of this Act, shall be used to mean also the proxy of employer.
 
(Amended:14/5/1985-3203/Art.1) An employer's representative shall be responsible to the same extent as the employer for the liabilities of the employer as specified in this Act.
 
The liabilities of the employer referred to in this Act as regards guards watching the properties of farmers shall be the liability of the body responsible for their appointment.
 

Definition of Workplace
Article 5-
For the purpose of this Act, a "workplace" is a place where any insured person as defined in Article 2 is performing his work.
 
In the performance of the work, annexes such as recreation rooms, nurseries, dining rooms, dormitories, rest rooms, infirmaries, physical and training facilities, yards, offices and vehicles shall also be considered as workplaces.
 
 
Commencing Date of Insurance, and Reason of Compulsion   
Article 6-
Employed persons shall automatically become insured as soon as they enter employment.

The rights and obligations of insured persons and of their employers shall be effective as from the date on which the insured person enters employment.
 
The rights and obligations attained through becoming insured by this way shall be unavoidable and it should not be renounce ably.
 
Provisions in relation to reduce or transfer to another people of benefits and obligations of the social insurance shall not be put in Conventions.


Post to Foreign Countries by Employers
Article 7-
The rights and obligations of the insured persons as provided for in this Act shall continue as long as they perform the work when they are post abroad by their employer on temporary duty. (See to Transitional Article 86.)
 
 
Notification of Workplace
Article 8-
The employer shall be responsible for delivering or forwarding by registered mail a notification a specimen (E.D.: 06.08.2003 changed with 26th Article of Law No. 4958 dated 29.07.2003) of which to be prescribed by the Institution to the appropriate office of the Institution on the latest date when he starts employing an insured.
   
A certificate acknowledging the receipt of the notification shall be delivered, or sent by the Institution to the employer by registered mail.
 
The fact that the notification has not been delivered at all or in due time shall not effect the rights and obligations provided for under this Act.
 
If a business or undertaking, employing insured persons, is transferred to or passed on to another employer, the new employer shall be responsible for submitting the necessary notification. The rights and obligations of the insured persons employed in the said business shall continue as before. '

(Supplement: 26th Article of Law No.4958 dated of 25.8.1999. E.D.06.08.2003 )  In case of workplace transfer via inheritance, new employer is responsible for supplying the Institution with workplace declaration or posting it to the institution as reply mail in 3 months at the latest.


Notification of Employed Insured:
Article 9-
(Amended: by Law No.4447/ Art.12, dated 25.08.1999. E.D. 08.09.1999)
The employer shall notify the Institution about the persons he will employ, directly by submitting a notification of employment a specimen of which to be prescribed by the Institution or by forwarding such a notification by registered mail before the date on which the persons start to work. For the persons to be employed at the construction the notification of employment submitted to the Institution directly or forwarded by registered mail on the date on which they start to work and for the persons employed in the workplaces for which the notification of workplace has been submitted to the Institution for the first time, the notifications of employment submitted directly to the Institution or forwarded by registered mail within one month after they start to work shall be regarded as given within the time limit.

Type of Ex-Paragraph: The employer is obliged to declare the insured employees to the Institution at the latest in a month via reports prepared by the Institution.

Published on Official Gazette dated18.07.1999 and numbered 23759 (Original) and has been put into force on Publish date. Law No. 4410. Adoption date: 14.7.1999


Procedures on Non-Notified of Employed People
Article 10-
Insurance benefits in the case of work accident, occupational disease, sickness and maternity which have occurred prior to the date of delayed filing of notification or before the date on which the Institution has independently learned that the insured person was employed in the workplace, shall be provided by the Institution even when the notice has not been given in due time.
 
Insurance benefits in cases of work accident, occupational disease, sickness and maternity shall also be provided by the Institution for the insured persons who have been newly employed but whose employment has not been notified to the Institution within the prescribed time although the employer has notified the Institution of the existence of the workplace or the Institution itself found out that there existed such a workplace in which insured persons were employed.

However, all expenses of any kind incurred or subsequently to be incurred by the Institution in connection with the insurance incidents specified in the preceding paragraphs and, if a pension has been awarded, its capital value calculated on the basis of a tariff referred to in Article 22, shall be reclaimed from the employer without giving consideration to the state of responsibility referred to in Article 26.




CHAPTER II

INSURANCE AGAINST WORK ACCIDENTS
AND OCCUPATIONAL DISEASES


Definition of Work accident and Occupational Diseases
Article 11-
A) An work accident means an accident occurring in any one of the circumstances or situations indicated below which causes immediately or subsequently a physical or mental invalidity to an insured person:
   
   a)    When the insured person is in the workplace;
   
   b)    In connection with the work carried on by the employer,
   
c)   When the insured person has been sent by the employer to                 
       perform duties at another place;
   
d)   During the period allocated for the nursing of the child of the
       insured woman;
   
e)   While insured persons are carried as a group on a vehicle
       supplied by the employer, to and from the place where the
       work is being done.
 
B) Occupational disease is a case of sickness, invalidity or mental trouble, temporary or permanent, suffered by an insured person due to continuing causal factor, which is characteristic of the nature of the work he is doing, or arising out of conditions required for the execution of such work.
 
Disputes arising as to whether any sickness not included in the list of diseases drawn up in accordance with the provisions of this Act, is to be considered as an occupational disease or not shall be settled by the Social Insurance Supreme Health Board.
 

Providing Benefits 
Article 12-
The following benefits shall be provided in cases of work accidents and occupational diseases:
 
A)    Provide to health benefits;

B)    Daily cash benefits payable during temporary incapacity for work;

C)    Payment of pension in the case of permanent incapacity for work;

D)    Supply, fitting, repair and replacement of prosthesis tolls and materials;

E)    Send another place to insured person for the purpose of obtaining benefits indicated in paragraphs (A) and (D);

F)    payment of the round trip travelling expenses as well as the residential and medical expenses of the insured person who is suffering from a physical or mental invalidity, following an work accident or an occupational disease, the treatment of which is not possible in the national territory, but a partial or total cure can only be possible in a foreign country, according to the report issued by the medical boards of the health establishments owned and administered by the Institution to the effect that the degree of incapacity for work could be reduced, and also payment of the round trip travelling and residential expenses of any person accompanying him, if it is mentioned in the medical report; (if the Institution or the insured person appeals against the medical report, the matter shall be settled by Social Insurance Supreme Health Board);

G)    Payment of funeral expenses;

H)   Awarding pension to the survivors of the insured person in the case of his death.


Definition of Health Benefits
Article 13-
In the case of work accidents and occupational diseases, the medical benefits to be provided for the insured person shall consist of:
 
A)    Medical examination, clinical and laboratory examination deemed necessary by the doctor for diagnosis and, if necessary, admission to a hospital for all kinds of treatment;

B)    Supply of medicines, and other medical equipment required during treatment.
 
The medical benefits provided under the preceding paragraphs aim at maintaining, restoring or improving the insured person's health and his ability to work and to attend to his personal needs.
 

Duration of Health Benefits
Article 14-
Health benefits shall continue to be provided as long as required by the state of health of an insured person who has sustained a work accident or has contracted an occupational disease. The insured person may be admitted into the convalescent homes of the Institution if the medical authorities of the hospital where he is being treated or the medical boards of the Institution deem it necessary. The provision of the benefits referred to in the preceding paragraphs shall commence as from the date on which the work accident was sustained or the insured person having contracted an occupational disease was placed under treatment by the Institution.
 
If, however, the insured person having contracted an occupational disease is placed under treatment in a health establishment belonging to the employer or treated in a government health institution or in one of the private hospitals which has accepted the tariff approved by the Institution, the benefits shall be deemed to have commenced on the date on which the treatment in question started and the expenses incurred, evidenced by vouchers, shall be reimbursed by the Institution.
 
Benefits in kind shall also be provided for persons drawing a pension for permanent incapacity for work resulting from work accident or occupational diseases or for persons whose pensions have been converted and paid in the form of a lump-sum, provided that their treatment for the same work accident or occupational disease is deemed necessary according to the report of the medical board of a health establishment owned and administered by the Institution.


Obligations of the Employer
Article 15-
The employer is obliged to provide for an insured person who is the victim of a work accident, the health benefit required by his state of health until the Institution takes the appropriate action. The expenses thus incurred, and the travel expenses evidenced by vouchers, shall be reimbursed by the Institution.
 
If the treatment of the insured person lasts longer or if he remains disabled or his incapacity aggravates due to the neglect or delay of the employer in discharging his obligations as specified in the first paragraph, the employer shall be bound to refund all expenses incurred by the Institution due to the above reasons.
 
 
Temporary Incapacity Allowances
Article 16-
An insured person suffering from temporary incapacity for work caused by an work accident or occupational disease shall be paid a allowance of temporary incapacity for each day of temporary incapacity for work.
 
 
Disobedience to Doctor’s Recommendations
Article 17-
In the case of a work accident, notification shall be given to the employer or the Institution not later than the day following the accident.
 
If the duration of treatment lasts longer or the insured person becomes invalid or the degree of his invalidity increases because of his failure to obey the recommendations of the doctor following an work accident or occupational disease, cash benefits payable for temporary or permanent incapacity for work may be reduced by the Institution in proportion to his neglect as indicated in the medical report. Such reduction may not, however, exceed a maximum of 50 %.
 
If the insured person refuses undergoing the prescribed treatment notwithstanding the written notice of the Institution, he shall not be provided benefits in kind and shall not be paid cash benefits for temporary or permanent incapacity for work until he subsequently applies to the Institution for treatment.
Determination of Occupational Diseases
Article 18 – (Amended: by the 27th article of Law No.4958 dated 29.07.2003. E.D.06.08.2003)

In case of occupational disease, in order to receive the benefits mentioned in this Law, it is necessary to be detected that the insured has been caught by an occupational disease at the workplace he worked by appropriate health board report arranged by Social Insurance Institution occupational diseases hospital and medical records.

For the insured to receive benefits supplied by this Law after his severance from a job or workplace that could cause a disease; the time following his actually severance from the former job or workplace should be no longer than the time period stated in the regulation.

However, in cases of an occupational disease becoming define by clinical and laboratory findings and the cause of the disease being proven after workplace examination, aforesaid disease still could count as an occupational disease following the ratification of Social Insurance Supreme Health Board, even though the responsibility period is over.
 

Permanent Incapacity for Work   
Article 19-
If it is determined by the Institution on the basis of medical reports issued by
the medical board of a health establishment owned and administered by the Institution or   of any other health establishment where the insured person may be sent by the Institution after the temporary incapacity for work is terminated, that he has lost at least 10 % of his earning capacity as a result of work accident or occupational diseases, the insured person shall be entitled to a pension against permanent incapacity for work.
 
Where an insured person who is drawing a pension for permanent incapacity for work, or whose pension was converted and paid in the form of a lump sum, is again put under treatment, the degree of loss of his occupational earning capacity shall be reassessed by a report to be issued by the medical boards referred to in the preceding paragraph.
 
 
Calculation of Pension for Permanent Incapacity for Work   
Article 20-
(Amended: Law No.1186/Art.1, 23.10.1969)
The incomes of permanent incapacity for work shall be calculated according to whether the insured person has lost all or part of his occupational earning capacity.
 
In the case of permanent total incapacity for work, the insured person shall be awarded a pension equal to 70 % of his annual earnings.
 
The pension to be awarded to an insured person in the case of permanent partial incapacity for work shall be calculated in the same manner as the total incapacity pension and it shall be paid in proportion to the degree of incapacity for work.
 
If an insured person who is in a state of permanent total or partial incapacity for work is in need of permanent attendance of another person, his pension shall be increased by 50 %. (See to Supp.Art.20, 21, 22, 23, 24 and 44)
 

Case of More Than One Work Accident
Article 21-
Where an insured person has again sustained a work accident or has contracted a new occupational disease, he shall be awarded a pension calculated on the basis of his earnings at the time of the first work accident or occupational disease which was the cause of his permanent incapacity for work, by taking into account all defects. If, however, the daily earnings of the insured person, at the time of the subsequent work accident or 'occupational disease is bigger than the previous earnings, the amount of pension for permanent incapacity for work shall be calculated on the basis of his later earnings.
 
 
Converted of Incomes to Capital
Article 22-
The pension for permanent incapacity for work shall be paid to the insured person for life.
 
If, however, the degree of permanent incapacity for work resulting from an work accident is found to be less than 25 % and the Institution considers that no change is likely to occur in the degree of incapacity for work within the next three years, such pension shall be converted into a lump-sum payment and paid to the insured person upon his request.
 
The lump-sum payable under this Article shall be calculated on the basis of a tariff to be drawn up jointly by the Ministry of Labour and Social Security and Ministry of Health.
 
 
Awarding Of Pension to the Spouse and the Children
Article 23-
(Amended: Law No. 1753/Art.1, 21/6/1973)
The following provisions shall apply in the case of death caused by work accident or occupational disease.
 
I- Annual pension shall be awarded at the following rates out of the 70 % of the annual earnings of the deceased insured person determined in accordance with the provisions of Article 88;

A)  (Amended: 20/3/1985- Law No.3168/Art.1) 50 % to his widow or 75 % if she has no child drawing a pension.

B)  (Annulled: 20/3/1985-3168/Art.6)

C)  Of the children:
a) the phrase “25 % to a son if he has not completed his 18th year, or, if receiving a secondary education his 20th year or, if receiving higher education his 25th year or, if disabled to the extent of being unable to work and if he is not drawing a pension to which he was entitled in respect of an employment covered by a retirement pension or social insurance scheme” was annulled by 28.01.2004- Law No.5073/Art.12 (valid from 01.01.2004); 25 % to a daughter regardless of her age if she is not married or she is divorced or is a widow, provided that she is not employed in an occupation covered by Social Insurance Institution or under the Pension Fund for the Civil Servants or she is not drawing a pension from those institutions.

b) 50 % to each child referred to in subparagraph (a)if both parents were dead or they died subsequently or if there was no matrimonial tie between his father and mother, or if his mother remarries subsequently in spite of there being a matrimonial tie between his father and mother at the date of death of the insured father.

The sons of the insured person who have completed their l8th or 2Oth years and have not been entitled to a pension, subsequently go to school for their education, shall be entitled to receive the benefits referred to in subparagraph (a).

II) In case of the death of the insured person whose pension for permanent incapacity for work has been paid in the form of a lump sum, his survivors shall be awarded a pension in accordance with the provisions of this Act regardless of payment of the lump sum to the deceased person.

III) Adopted children, acknowledged children, legitimised children or children recognised by court decision and posthumous children shall be eligible for a pension to be awarded according to the rules laid down in the foregoing paragraphs.

IV) The total amount of pensions to be awarded to the surviving spouse and children shall not exceed 70% of the annual earnings of the insured person. In order not to exceed this limit, proportional reductions shall be made, where appropriate, in the pensions payable to the survivors.

V) Pensions awarded to the sons of the insured persons shall continue to be paid until they complete their 18th year, if receiving secondary education their 20th year and if receiving higher education their 25th year. The pensions payable to the sons who are disabled to the extent of being unable to work shall not be liable to suppression even after they complete the age limits referred to above. However, the sons who become disabled to the extent of being unable to work after their pensions are suppressed shall again be awarded pensions to be paid as from the first day of the month following the date on which the medical report taken as a basis for the determination of the incapacity for work, provided that they not receiving a pension in respect of their employment covered by a social insurance or retirement pension scheme. The provision of Article 101 is not affected.

VI) (Amended: 20/3/1985-Law No.3168/art.1) If the widow of the deceased insured person remarries, her pension shall be suppressed. If the marriage which was the cause of suppression of pension is dissolved, the pension shall be re-instituted. The widow who becomes entitled to a second pension after the death of her subsequent husband she shall be paid the higher of these pensions. 

VII) (*) (E.D.: 06.08.2003 changed by the 35th article of Law No.4958) Payment of allocated benefits to the daughter of the insured is terminated at the beginning of the period following the date they start receiving income or pension from jobs subject to Social Insurance or Pension Funds of Civil Servants (Emekli Sandığı) or the date they get married. In the case of disappearance of the situation that causes the termination of allocation, from that date on the benefit is allocated again reserving the provision of paragraph (C) in Part One. If the marriage is terminated and wife earns the right to receive benefit from her husband, the person is allocated with the higher benefit.

(* ) Please refer to Supplement12, 44 and 47 of Supplementary Articles for the execution of this provision.

VIII) (Supplement: 29/6/1978-Law No.2167/Art.2) In case of the death of a person while receiving a pension against permanent incapacity for work due to missing 50 % or more of his earning capacity, in his profession, as a result of an work accident or an occupational disease, the survivors of the person shall be awarded pensions not giving regard to whether the death was caused by the work accident or occupational disease which was the cause of the invalidity.


Awarding of Pension to Parents
Article 24-
(Amended: 23/10/1969-Law No: 1186/Art.3)
If the total amount of pensions to be awarded to the spouse and children of the insured person at the date of his death is less than 70% of his annual earnings, the difference shall be paid in equal shares as pensions to his dependant father and mother whose not working being subjected to social security institutions or receiving no monthly pay except from pension allocated according to Law No.2022 (Amended by the 35th article of Law No.4958. E.D.: 06.08.2003). However, the share of neither parent shall exceed one-fourth of 70% of the annual earnings of the insured person.

If the total amount of pensions to be awarded to the spouse and children of the insured person is not less than 70% of his annual earnings, no pension rights shall accrue to the father and mother. (See to Supp.Art.46)


Control Examination of the Insured Person   
Article 25-
An insured person after having been awarded a pension for permanent incapacity for work may, at any time, request a change in his pension claiming that the degree of his incapacity for work has increased or that he requires the permanent attendance of another person; the Institution may, likewise, at any time, require the insured person to submit to a re-examination.

If a report issued by the medical board of a health establishment owned and administered by the Institution subsequent to the re-examination made either at the request of the insured person or at the instance of the Institution establishes that a change has occurred in the state of permanent incapacity for work, the pension shall be increased, reduced or suppressed, as the case may be, as from the ^ beginning of the month following the date of the report.

A request for reconsideration shall not be made for an insured person whose pension has been converted into a lump -sum payment when his permanent incapacity for work diminishes. However, the persons whose permanent incapacity for work increases shall benefit from the change.
If the insured person fails, without an acceptable excuse, to submit re-examination by the beginning of the month following the date specified in the notification of the Institution, his pension for incapacity for work shall be suppressed as from the beginning of the month following the date set for his re-examination.

If, however, the insured person submits to re-examination within three months of the date specified in the notification from the Institution and it is determined that his state of permanent incapacity for work continues, the pension to be calculated on the basis of the new degree of permanent incapacity for work shall be paid as from the date on which it was previously suppressed.

If the insured person submits to re-examination after three months have elapsed since the date specified in the notification from the Institution and it is determined that his state of permanent incapacity for work continues, his pension shall be calculated on the basis of the new degree of permanent incapacity for work and shall be paid as from the first day of the month following the date on which the report was issued.


Responsibility of the Employer
Article 26-
(Amended first paragraph: 20/6/1987-3395/Art.2)
If the work accident or the occupational disease is the result of an intentional act of the employer or consists of an act contrary to the provisions of legislation concerning the protection of workers' health and safety or because of an act considered as a legal offence, the total amount of expenses incurred or to be incurred in the future for the insured person or for his survivors, and if any pension has been awarded the capital value of the pension to be calculated on the basis of the tariff referred to in Article 22 shall be reclaimed from the employer.

(Addition: 28th article of Law No.4958 dated 29.07.2003. E.D.  06.08.2003 combined with) When determining employer and employee responsibilities, urgency principle is taken into consideration.

If the work accident or the occupational disease is caused by an intentional act or fault of a third party, all insurance benefits shall be provided by the Institution, which then shall   exercise its rights under the Code of Obligations to recover from the third party responsible for the injuries caused, as well as from the persons employing such third party if they are likewise at fault.

(Supplement: 24/10/1983-Law No.2934/Art.3) However, in cases of death due to an work accident or due to an occupational disease the Institution shall not exercise its right of recourse to the survivors of the insured person deceased who died as a result of the same work accident or as a result of the same occupational disease which was caused by an intentional act or fault on the part of the deceased.


Notification of Work Accidents
Article 27-
The employer shall notify in writing the local police immediately and the Institution within two days, at the latest, of any work accident. This notification shall be made on the form prescribed by the Institution.

The employer shall be responsible for any loss sustained or to be sustained by the Institution through not having informed it in accordance with the provisions of this Article, in due time, either intentionally or by negligence or by supplying incomplete or erroneous information concerning the work accident.

The Institution shall not reimburse the employer for expenses incurred by him prior to the date of the notification, in the case of an work accident for which notification to the Institution has not been made during the time limit specified in the first paragraph.


Notification of Occupational Disease
Article 28-
If the employer learns or is informed that an insured person has contracted an occupational disease; he shall inform the Institution within the following two days on a form prescribed by the Institution.
 
The provisions of the second paragraph of Article 27 shall apply to an employer who fails to discharge his obligation or who intentionally furnishes incomplete or erroneous information on the notification form.

The insured person who is in the situation described in the second paragraph of Article 18 shall apply directly to the Institution with the medical report and the necessary supporting documents.


Inquiry into Work Accident
Article 29-
The Institution may, if necessary, hold an inquiry in order to ascertain whether the incident indicated in the notification may be considered to be an work accident. If the inquiry reveals that the information furnished in the notification does not correspond to the truth and that the incident not an work accident, all expenses not legitimately incurred by the Institution shall be recovered from the employer.

Legal proceedings shall also be instituted against the persons concerned under the general provisions.


Inquiry into Occupational Disease
Article 30-
All inquiries shall be made directly by the Institution after a notification concerning an occupational disease has been received.
Notification and appeal
Article 31-
The Institution shall fix the amount of pension to be awarded to insured person or his survivors on completion of the inquiry at the latest within three months following the date on which the necessary documents have been completed, and shall so notify the person concerned in writing.

The person concerned may appeal against the decision of the Institution in the competent court within one year from the date on which he receives the notification of the pension award.

The appeal shall not suspend the application of the decision.

The decision of the Institution shall become final if the person concerned fails to appeal, or as soon as a court decision rejecting the appeal becomes final. The final decision shall not prevent the pension from being changed in accordance with the provisions of Article 25.




CHAPTER III

SICKNESS INSURANCE

Article 32-
The benefits indicated below shall be provided for the insured persons in the case of sickness not covered by insurance against work accidents and occupational diseases;

A) Provide to health benefits,

B) (Amended: 29.6.1978- Law No: 2167/3 of Article) The provide, put, repair and replaced of prosthesis tolls and materials. (Benefits in respect of mouth prosthesis shall provided basis upon Rules that prepared by Institution)

The 20 % of the costs of the prosthesis tolls and materials shall be paid by the insured person. However, the amount of this contribution shall not exceed the 1,5 fold of the minimum wage of the workers, above the age of 16, working at the industrial sector, according to the Article 33 of the Labour Act No.1475dated 25.8.1971, on the date of payment.

(Coming after being amended by decree law published at Official Gazette on 25.02.2000/23975). For the covered people by the above paragraph which injured or disabled because of earthquake on 17.8.1999 and later date, shall not take to share of additive for prosthesis and prosthesis tolls and materials.

C) Payment of daily cash benefit during temporary incapacity for work;

D) Sending the patient elsewhere in the national territory for examination and treatment, when necessary;

E) (Supplement: 20/6/1987-Law No.3395/Art.3) In cases of the persons insured for whom contributions have been paid for at least 300 days during the year preceding the date on which the sickness or invalidity was diagnosed, such persons insured shall be sent abroad for treatment where it is indicated on the medical reports issued by the Board of Health of the Social Insurance Institution that the treatment required cannot be provided in Turkey  and that such a treatment may be given in a foreign country, partly or wholly, or that the invalidity may be corrected or reduced by a considerable extent through such a treatment, in which cases the cost of the treatment and the round trip expenses as well as the essential expenses, in a foreign country, of both of the person insured and, if so required in the medical report, of the person escorting the person insured, shall be refunded, as from the date of 9.7.1987, whereas, such a possibility was, previously, provided under insurance against work accidents (in cases of any appeal raised by the Institution or by the insured person concerned against the medical report issued by a health establishment of the Institution, decision on such an appeal shall be given by the Social Insurance Supreme Health Board. The decision of the Social Insurance Supreme Health Board shall be final).

(Amended: Law No: 4958/Art.29, dated 29.7.2003. E.D. 06.8.2003) In order to be entitled to benefits mentioned in the subparagraphs (A), (B) and (D) of this Article, the insured persons must have been paid contributions for at least 90 days, within the one year which before the date on which the disease firstly diagnosed.
(See to Supp.Art.3)


Scope of Health Benefits
Article 33-
Medical benefits which shall be provided for the insured person in the case of sickness shall consist of the following:

A) Medical examination, clinical and laboratory examinations required for diagnosis and treatment if the doctor deems it necessary;

B) Admission to a health establishment, if necessary for diagnosis and treatment;

C) (Amended: 06.3.1981-Law No.2422/Art.1) Supply of medicines and curative materials required during treatment. (However, the person insured shall pay 20 % of the cost of medicines provided in cases of out patient treatment).A case of abortion shall be considered as a sickness for the purpose of this Act. (See to supp.Art.25)

Medical benefits provided under this Article aim at maintaining, restores or improving the health of the insured person and his ability to work and to attend to his personal needs.


Duration of Health Benefits
Article 34-
Medical benefits to be provided in case of sickness shall continue until the insured person is cured.

Such benefits shall not exceed six months as from the date on which the insured person is put under treatment by the Institution.

If, however, it is determined by the reports of the medical board of a health establishment owned and administered by the Institution that the state of invalidity of the insured person could be eliminated or materially reduced if the treatment where continued, this period (the worlds “until the 18 months” has been annulled by B.1990/27, R: 1991/2 decision of the Constitutional Court, dated of 17.01.1991) may be extended.

The Institution shall be bound to supply, repair and replace, under specified conditions, the prosthesis tolls and materials required for facilitating the recovery of the insured person or reducing his incapacity for work, regardless of the time limits for medical benefits referred to above. (See to Supp.Art.32)

 
Provisions of Health Benefits for Spouses and Children
Article 35-
The spouse of the insured person and his dependent children shall, in the case of sickness, be provided health benefits referred to in Article 33 of this Act, provided that the duration of the benefits shall not exceed the time limits indicated in Article 34. 20 % of the cost of medicine supplied during out-patient treatment shall be paid by the insured person.  (See to supp.art.3 and 25)

In order that the spouse and the dependent children of the insured person may be entitled to the medical benefits referred to above, the insured person must have paid sickness insurance contributions for at least 120 days in the course of the year proceeding the date on which the sickness manifested itself. (See to supp.art.3)
 

Provisions of Health Benefits for Pensioner and Income owner and His Family Members
Article 36-
(Amended: O6/3/1981-Law No.2422/Art.2)
For the purpose of the provisions applied under Sickness Insurance;

A)    
a) Persons drawing pensions against permanent incapacity for work or invalidity or old-age pensions, in pursuance to this Act shall be provided the benefits indicated in paragraphs (A) and (B) of Article 32 of the Act;  (See to Supp.Art.8)

b) The dependent spouses, children and the parents of the persons indicated above and the spouses, children and parents drawing pensions shall be provided the benefits indicated in Article 33 of the Act.

B) (Amended: 25.8.1999 Law No: 4447/Art.4 E.D.: 01.01.2000) 10 % of the costs of the medicines provided for the treatment given to the persons referenced above as out patients as well as the prosthesis tolls and materials provided under the subparagraph A/a, shall be paid by those persons themselves. However, the contribution share to be paid for the prosthesis tolls and materials shall not exceed the amount of the monthly minimum wage of the workers, above the age of 16, working at the industrial sector, due to Article 33 of the Labour Act No.1475, dated 25.8.1971.

(Supplement: 25.02.2000/Governmental Decree No: 23975). For the covered people by the above paragraph which injured or disabled because of earthquake on 17.8.1999 and later date, shall not take to share of additive for prosthesis and prosthesis tolls and materials.

C) Health benefits shall be limited to the periods prescribed in Article 34, for each case of sickness;

D) For the purpose of Law No. 991 and 2167 and of the legislation applied by the Funds turned over to the Institution, the provisions of the above paragraphs shall apply to the following persons:

a) Persons drawing invalidity or retirement pensions or pensions against invalidity occurring while on duty and the dependent spouses, children and parents thereof,

b) Spouses, children and parents drawing pensions.



Temporary Incapacity Allowances
Article 37-
A sickness cash benefit shall be paid for each day of temporary incapacity for work as from the third day of the incapacity for work and shall continue for a maximum period of 18 months to the insured persons who have paid sickness insurance contributions for at least 120 days in the course of the year preceding the date on which the temporary incapacity for work commenced.

However, in order to receive sickness cash benefits for temporary incapacity for work the insured person must have obtained a medical report from a doctor or from a medical board designated by the Institution.

(supplement:2801.2004 –LawNo.5073/Art.8 valid from 28.01.2004).The  persons  those were found that they have received  incapacity for work allowance unjustly and without having any base, shall then repay three-fold of the drawn amount to the Institution.

Disobedience to Doctor’s Recommendations
Article 38-
Sickness cash benefits shall not be paid to the insured persons for a period during which they fail to comply with the doctor's recommendations.
If the insured person resumes work with his former employer without having obtained from the doctors of the Institution a certificate to the effect that the treatment has been completed and that he is able to resume work, the expenses incurred for treatment of the same sickness shall be recovered from the employer, or if he is employed elsewhere, from the insured person concerned. No sickness cash benefit shall be paid for the said period and if payment has been made the amount paid shall be recovered from the insured person.


Responsibility of the Third Person
Article 39-
A person having caused intentionally or by an act deemed to be a legal offence, the sickness of an insured person or of his spouse or children, shall be liable to pay all expenses incurred under sickness insurance in accordance with the provisions of this Act.


The Lose of Insured Status
Article 40-
(Amended: 16.6.1975-Law No: 1912/Art.2)
The person who has lost his insured status as defined in Article 2, but has paid sickness insurance contributions for at least 120 days in the course of the year preceding the date in question may, himself, his wife and his dependent husband, children and parents receive the benefits referred to in paragraphs (A) and (D) of Article 32 in the case of sickness occurring within six months following the date on which on the said status was lost.

(Amended: O6.3.1981-Law No: 2422/Art.3) 20 % of the cost of the medicines provided to the persons referenced in the above paragraph, as out patients shall be paid by those persons, themselves. (See to Supp.Art.3 and 25)



Persons Employed In Work for Which They Are Not Physically Fit
Article 41-
When an insured person is employed without obtaining a medical report the issuance of which is mandatory under the provisions of labour legislation or is employed on work for which he is not physically fit according to the medical report obtained and is subsequently determined as suffering from a sickness which has manifested itself because he has been employed on work for which he was not physically fit, all expenses incurred in connection with sickness insurance shall be recovered from employer.

Provision of Health Benefits for Parents
Article 42- (Amended: 16.6.1975-Law No: 1912/Art.3)
The dependent parents of the insured person shall, for each case of sickness, receive the medical benefits referred to in Article 33 for the periods specified in Article 34.

However, the persons concerned shall pay 20% of the cost of medicines supplied during out patient treatment. (See to Supp.Art.3 and d 25)

In order that the dependant parents of the insured may be entitled to the medical benefits referred to in the preceding paragraph, the insured person must have paid sickness insurance contributions for at least 120 days in the course of the year preceding the date on which the sickness was contracted.




CHAPTER IV

MATERNITY INSURANCE


Providing Benefits
Article 43-
The benefits indicated below shall be provided in the case of maternity for the insured woman or the uninsured wife of the insured man:

A) Examination of pregnancy and the provision of benefits in kind required for confinement;

B) The provision of benefits in kind required for confinement;

C) Payment of nursing allowance;

D) Payment of maternity cash benefits to the insured woman for the period before and after confinement during which she is incapacitated for work;

E) Sending her elsewhere in the national territory if her state of health resulting from maternity renders this necessary.

(Supplement: E.D.: 06.08.2003 to the Law No.4958 dated 29.07.2003)  Female, and uninsured spouse of male who receives income or salary from the Institution as a result of his/her own employment, can receive from the benefits mentioned in subparagraphs (A), (B), (C) and (E) above in case of maternity.
   
     
Examination and Treatment during Pregnancy
Article 44-
The examination and treatment required in the case of pregnancy shall be provided by doctors or midwives designated in advance by the Institution. If the insured woman fails to submit to examination up to the end of the sixth month of pregnancy or
ceases to submit to examination or follow the treatment deemed necessary by the doctor or midwife, cash benefits payable in the case of the incapacity for work resulting there from may be reduced by the Institution to the extend of 50 %.
The insured woman may choose any doctor or midwife from among those designated by the Institution. However, after having made her choice she may not change her doctor or midwife until after the confinement.


Birth Benefits
Article 45-
The confinement benefits shall consist of the provision of the medical care, medicines and medical supplies required during and after confinement for the insured woman and for the uninsured wife of the insured man.

This benefit shall be provided at home or in health establishments by the midwife previously chosen by the pregnant woman, or by one of the midwives designated by the Institution. If necessary, a specialist may be present during confinement, or if it is deemed necessary by the doctor or midwife, the insured woman or the uninsured wife of the insured man may be admitted to a health establishment for confinement.
The expenses incurred for medical care provided for the child of the insured woman or of the uninsured wife of the insured man in a health establishment owned and administered by the Institution or in a health establishment with which an agreement has been made in accordance with the provisions of Article 123, during her stay at the health establishment, shall not be claimed from the person concerned.


Fixed Cash Benefits for Pregnancy and Birth
Article 46-
(Amended: E.D. 06.08.2003 by the 31st article of Law No. 4958 dated 29.07.2003)

In cases and places where  direct supply of health benefits indicated in 44th and 45th articles is not possible in health facilities contracted by the Institution or according to 123rd article, instead of pregnancy or delivery health benefit, a fixed money aid is done according to the schedule to be declared before or to be ratified by Ministry of Labour and Social Security. If more than one baby is delivered, fixed delivery aid is increased regarding the number of babies.

However:

A) In order to receive a lump-sum payment for the pregnancy, the Institution must be notified of the condition of pregnancy by a report issued by the doctor or midwife bearing a diploma before the confinement;

B) In order to receive a lump-sum payment for the confinement, the Institution must be notified of the confinement within three months following the confinement by a report issued by the doctor or by the midwife bearing a diploma or by a certified birth certificate.


Nursing Allowance
Article 47-
A nursing allowance according to the tariff to be approved by the Ministry of Labour and Social Security shall be paid for each child to an insured woman or to an insured man in respect of the confinement of his wife, provided that the child is not still-born.


Qualifying Conditions for Entitlement to Maternity Benefits
Article 48-
In order to be entitled to maternity benefits in kind or to nursing allowance, or to a lump-sum payment for pregnancy and confinement:

A) Maternity insurance contributions for at least 90 days must have been paid for the insured woman in the course of the year preceding confinement.

B) Maternity insurance contributions for at least 120 days must have been paid for the insured man in the course of the year preceding the confinement and the insured man must have married the woman who gave birth to a child before confinement.
Temporary Incapacity Allowance
Article 49-
(Amended: E.D.: 06.08.2003 by the 32nd article of Law No. 4958 dated 29.07.2003)

In case of maternity of the woman whom maternity contributions has been paid for at least 120 days during the year prior to the delivery, temporary invalidity for service allowance is paid for every day she doesn’t work for eight weeks each prior and after the delivery and for two weeks added to the eight week period prior to delivery in case of multiple pregnancy.

(Supplement E.D.: 06.08.2003 with the 32nd article of Law No.4958 dated 29.07.2003) In case of female insured’s working until three weeks prior to delivery after her demand and doctor’s approval, the period she worked is added to after-delivery period.

This benefit shall not be suppressed for any reason whatsoever.


To be deprived of Temporary Incapacity Allowances
Article 50-
50% of the allowance against temporary incapacity for work shall not be paid to an insured woman who refuses, without any justifiable and reasonable excuse, the maternity benefits to be provided by the Institution and who, according to a medical report issued by a specialist, is found to have fallen ill or her illness has aggravated because of having failed to take the precautions recommended by the doctor or midwife.


The Lose of Insured Status
Article 51-
The persons who have lost the insured status referenced in Article 2 shall receive maternity medical benefit and nursing allowance or lump-sum payments referred to in Article 46, if a child is born within 300 days of the loss of insurance status, provided that maternity insurance contributions have been paid for at least 120 days in the course of the fifteen months preceding confinement for the insured woman or for the insured man whose wife is to receive maternity benefits.




CHAPTER V

INVALIDITY INSURANCE

Providing Benefits
Article 52-
The providing to benefits under invalidity insurance consists of an invalidity pension.


Persons to been Treated as Invalid
Article 53- (Amended.  E.D.: 06.08.2003 by the 33rd article of Law No. 4958 dated 29.07.2003)

An insured person is counted as disable by means of invalidity benefit in cases where the Institution detects:

A) 1-a) Losing at least 2/3 of his work force according to medical records and appropriate health board reports to be organized by Institution’s hospitals,

b) Losing at least 2/3 of his work force after treatment performed following 34th article according to medical records and appropriate health board reports to be organized by Institution’s health facilities,

c) Losing at least 60% of earning power in occupation as a result of work accident and occupational disease,
 
     2- Detection of the rate of loss of earning power in occupation is done by occupational disease hospitals of the Institution.

B)  Ones suffering a disease or defect on the date they have started working under this Law’s extent are responsible for proving that the disease of defect would not count as invalidity by appropriate health reports of medical records taken from hospitals before employment date. Insured persons having detected before or after employment that they on the date they started working suffered a disease or defect that would count as disabilities can not benefit from invalidity insurance aids by means of these diseases or defects.

Possible pensions paid to these insured before invalidity insurance are taken back.

C)  Provisions to be implemented for this article are organized by regulations to be legislated.

 
Conditions for Entitlement to Invalidity Pension
Article 54-
(Amended: 06/3/1981-Law No: 2422/Art.4)
In order to be entitled to an invalidity pension, the insured person:

a) Must be considered invalid within the meaning of Article 53;

b) Must have been insured for a total period of 1800 days or at least five years and have paid contributions for invalidity, old-age and survivor's insurance on an average of at least 180 days a year.
Calculation of Invalidity Pension
Article 55- (Amended: 25.8.1999, Law No: 4447/Art.5, E.D.: 01.01.2000)

An invalidity pension shall be awarded to the insured person entitled to such a pension at the rate of ½ of the 60 % of his average annual earnings to be calculated according to the Article 61 of this Act. In cases where the insured person needs the constant care of another person, the rate shall be raised to 70 %. The invalidity pension thus calculated shall be raised according to the provisions of the last paragraph of the Article 61. 

Ex-Type of this Article: (Amended: 06.3.1981, Law No: 2422/Art5)

The following principles shall apply in making the calculations of the invalidity pension.

a) An invalidity pension shall be awarded to the insured person entitled to such a pension, at a rate equal to 70 % of the multiplication of the index corresponding to that person, as indicated in this law, and the coefficient. In cases where the person insured needs the constant care of another person the rate shall be raised to 80 %.

b) The index to be taken as a basis for the calculation of the invalidity pension shall be determined by taking as a basis the average annual earning of the person insured, to be calculated by taking into account his annual earnings taken as a basis for the calculation of the contributions for the last 5 calendar years proceeding the date of termination of the employment of the person insured during which contributions were paid under the invalidity, old-age and survivors insurance schemes.

In cases where the person insured paid contributions for a total period of less than 5 calendar years, he average annual earning shall be calculated by taking as a basis the calendar years for which he paid contributions.
   
c) In cases of the insured persons employed by the Eregli Coal Operations alternately (in groups), the annual average earnings shall be calculated, in accordance with paragraph (b) above, by taking as a basis an amount equal to two times as the annual earning of the person concerned. However, the periods of employments held alternately, exceeding 180 days for each year during the last 5 years of employment taken as a basis for the calculation of the average annual earning, shall not be taken into account.
(See to Supp.Art.20, 21, 22, 23 and 24)



Commencement of Pension Payment
Article 56-
The payment of an invalidity pension to an insured person who, having left his employment, submits a written claim for a pension to which he has become entitled, shall commence as of the beginning of the month following his claim. If, however, the report which certifies him as being disabled carries a date subsequent to the month following his written claim, payment shall be made as from the beginning of the month following the date of the said report.

If the insured person who has been certified as having lost at least two-thirds of his working capacity is receiving allowance against temporary incapacity for work at the date on which the payment of invalidity pension had to be commenced in accordance with the provisions of the preceding paragraph, his invalidity pension shall commence to be paid only as from the beginning of the month following the date on which the payment of the allowance against temporary incapacity for work terminates. If, however, the amount of the invalidity pension to be awarded is more than the amount of the allowance against temporary incapacity for work payable in a month, difference shall be paid as from the date to be determined according to the first paragraph.


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Re: Social Insurance Act - Turkish Law No.506
« Reply #1 on: June 19, 2007, 06:10:09 PM »
Control Examination of Insured Person
Article 57-
After the invalidity pension has been awarded the insured person may, at any time, request that his invalidity pension be increased by claiming that he requires the permanent attendance of another person.

The Institution, likewise may, at any time, require an insured person who has been awarded an invalidity pension to submit to a control examination.

According to the degree of invalidity to be established following the control examination required by the Institution or held at the request of the insured person or an examination carried out following the occupational rehabilitation, the invalidity pension may be increased, reduced or suppressed, as the case may be, as from the beginning of the month following:

I- If it was requested by the insured person:

a) The date of his written request;

b) If the report taken as a basis in the assessment of the new degree of invalidity is carrying a date subsequent to the month following his request, the date of the said report;

II- If he is required to submit to re-examination or to occupational rehabilitation by the Institution, the date of the report taken as a basis for the determination of his revised state of invalidity.

If the insured person fails, without an acceptable excuse, to submit to the control examination by the beginning of the month following the date specified in the notification of the Institution, his invalidity pension shall be suppressed as from the beginning of the month following the date set for his re-examination. If, however, the insured person submits to the examination within three months of the date specified in the notification from the Institution and it is determined that his state of invalidity continues, the pension shall be paid as from the date on which it was previously suppresser.

If the insured person submits to examination after three months have elapsed since the date specified in the notification from the 'Institution and it is determined that his state of invalidity continues, his pension shall be paid as from the first day of month following the date of the report.


Deduct and Re-establishment of Pension
Article 58-
If a person drawing invalidity pension begins to work as an insured person, his invalidity pension shall be deducted as from the date on which he began to work.
If a person whose invalidity pension has been deducted according to the preceding paragraph, leaves his work and re-submits a written claim for payment of an invalidity pension, his former, pension shall be paid as from the beginning of the month following his claim, provided that he submits to a control examination and it is determined that the state of invalidity continues. However, a new invalidity pension shall be determined for such insured persons according to the conditions prevailing on the dates of their written claims, and, if the new pension exceeds the invalidity pension previously awarded, payment shall bee made based on newly determined pension.





CHAPTER VI

OLD-AGE INSURANCE

Providing Benefits
Article 59-
The providing to benefits for the insured people under old-age insurance is as follows:

a) old-age pensions;

b) lump-sum payment.


Qualifying Conditions for Old-Age Pensions
Article 60-

A) In order to be entitled to an old-age pension, the insured person who starts to work, firstly, in the insured status after the date on which this Act become effective, must have paid contributions under the invalidity, old-age and survivors insurance branches, for a minimum period of;

(Amended: 25.8.1999, Law No: 4447/Art6, E.D.: 08.9.1999)
a) 7000 days and must have completed the age of 58 in case of a woman and the age of 60 in case of a man; or

(Amended: 25.8.1999, Law No: 4447/Art6, E.D.: 08.9.1999)
b) 4500 days and must have completed on insurance period of 25 years and must have completed the age of 58 in case of a woman or the age of 60 in case of a man.


Ex-Type of this Article: (Amended: 06.3.1981, Law No: 2422/Art.6)

A) An insured person must have paid contributions under the invalidity, old-age and survivors insurance schemes, for a minimum period of ;

a) 5000 days and must have completed the age 50 in case of a woman and the age of 55 in case of a man; or

b) 3600 days must have completed the age of 50 in case of a woman and the age of 55 in case of a man and must have been insured for 15 years; or

c) 5000 days and must have completed an insurance period of 20 years in case of a woman and 25 years in case of a man, where the age of 50 in case a woman or the age of 55 in case of a man has not been completed.

B) (Amended: 11.12. 1981, Law No: 2564/Art.1)

a) Insured persons who have not completed their 50 years of age but who have been permanently employed in underground works by the mining employers fixed by the Ministry of Labour and Social Security for at least 20 years in insured status and who have, as well, paid contributions under the invalidity, old-age and survivors insurance schemes for at least 5000 days, shall be awarded an old-age pension, upon their written request.
b) The insured persons who have not completed their 50 years of age, but who have been alternately employed at the underground workplace of the employers reference in subparagraph (B/a) above, for at least 25 years in insured status and who have as well paid contributions under the invalidity, old-age and survivors insurance schemes for at least 4000 days, shall be awarded an old-age pension as the case with the insured persons who (…) have paid contributions for 8100 days.
   (...)Expression of” ones completed 25 years and” is removed by the Law No.4447. Number 5000 is replaced with 8100. (Valid from 01.01.2000 on)

C)    a) (Amended: E.D.: 06.08.2003 by the 34th article of Law No. 4958 dated 29.07.2003) Insured persons suffering a disease or defect before he started working as an insured that could count as disabilities according to 53rd Article of this Law and not receiving a invalidity pension for that reason can benefit form old age pension providing that they have been insured for more than 15 years and paid contributions for invalidity, old age and survivor insurances not less than 3600 days, regardless of their age.

b) (Amended: E.D.: 06.08.2003 by the 34th article of Law No. 4958 dated 29.07.2003) Among the insured that are entitled to benefit from tax discount because of their disabilities; ones suffering 1st degree invalidity, regardless of their age, providing that they have been insured for more than 15 years and paid contributions for invalidity, old age and survivors insurances not less than 3600 days, ones suffering 2nd degree invalidity, regardless of their age, providing that providing that they have been insured for more than 18 years and paid contributions for invalidity, old age and survivors insurances not less than 4000 days, and ones suffering 3rd degree invalidity, regardless of their age, providing that providing that they have been insured for more than 20 years and paid contributions for invalidity, old age and survivors insurances not less than 4400 days, can benefit from old age pension. Ones that have been entitled to receive old age benefit because of being disable can be subjected to a control examination by the Institution.

D)  (Amended: 11/12/1981-Law No: 2564/Art.1)
a) Insured persons who have completed their 50 years of age and who have been found to be prematurely aged, or,

b) Insured persons who have completed their 50 years of age and who have as well completed a minimum period of 1800 days out of their employments insured under the invalidity, old-age and survivors insurance schemes at the underground work places of the mining employers fixed by the Ministry of Labour and Security, Shall also benefit from the old-age pensions, under the other conditions prescribed in sub-paragraphs (a) and (b) of Paragraph (A).
 
E) The number of contributions days paid for an insured person who has been employed for at least 1800 days in underground works, or alternately in underground works, mining employments determined by the Ministry of Labour and Social Security, shall be increased by one fourth and the total number thus calculated shall be taken as the number of contribution days paid under the invalidity, old-age and survivors schemes.

The provisions of the subparagraphs above shall apply to the persons who have worked underground or who have worked alternately underground, as from the date of 01/4/1954.

F) (Amended: E.D.: 06.08.2003 by the 34th article of Law No. 4958 dated 29.07.2003) In the event of ones’ who are officially registered as insured according to this Law or rightful heirs’ written demand, they are put on debt under the condition that they pay it back in 6 months following the notification of invalidity, old age and survivors insurance contributions to be calculated over the amount of minimum limit of insurable earnings defined by the 78th article of this Law on the day of formal request for the time spent in military as private or at Reserve Officer School; debt period in which the contributions are not paid during six months do not count as service.

However, according to the laws of other social security institutions established by Law, the provision of the paragraph above is not implemented for insured or participants.

In the event of insured or rightful heirs’ written demand, they are put on debt under the condition that they pay it back in 6 months following the notification of invalidity, old age and survivors insurance contributions to be calculated between the higher and minimum limit of insurable earnings defined by the 78th article of this Law on the day of formal request for the time.

Number of days of debt is added to contribution payment time for the insured. In case of becoming indebted before insurance coverage starts, beginning of the insurance is count back equal to the days of debt.

In the event of being entitled to pension during military service, strike or lockout, people are allotted with pension from the beginning of the month following the payment of the debt.

In military service debts, in the event of being entitled to pension, the pension is allocated from the beginning of the month the debt is paid. 
 

G) For the purpose of the present Article, the insurance period of the persons who were insured under the invalidity, old-age and survivors insurance schemes before reaching the age of 18 shall commence on the date on which they have completed their 18 years of age. However, the contributions paid under the invalidity, old-age and survivors insurance schemes shall be taken into account for the calculation of the number of contribution days. (See to transitional Article 54)
 
H) In order that a person may benefit from the old-age pensions referenced in the present Article, the person insured must have terminated his employment and he must submit a written request.




Calculation of old-age Pension
Article 61-
(Amended: 25.8.1999, Law No: 4447/Art.7, E.D.: 01.01.2000)
The pensions of the insured persons entitled to the old-age pensions shall be calculated by taking 1/12 of the multiplication of the annual income to be determined according to the following provisions by the pension allocation ratio.

Total of determined annual earnings by separately increased within the earning of basis upon premium of each calendar years of the insured person , ratio of increased in the index of Last Main Year Urban Place Consumer Prices and develop power by stable prices of Gross National Product which explained by State Statistical Institute on each December month, for the calendar years that until the dated of pension’ claim as of calendar year of earnings; shall division to number of payment days of total premiums. And these determined daily earnings shall multiplication to 360; in this way, average annual earning basis upon to calculation of pension shall been established. (See to Supp.Art.45)

The ratio pension is the sum of the ratios of 3,5 % for every 360 days of the initial 3600 days of the total days of contribution payment of the insured, 2% for every 360 days of the consequent 5400 days and 1,5% for every 360 days thereafter.

The ratio of pension allocation for the persons entitled to the pension under the paragraphs B, C and D of the Article 60, may not be lower than 60%.

The calculated old-age pension shall be awarded by increasing it by the increase ratio in the basic annual urban consumer price index announced by State Statistical Institute for each month between the January of the year of written application for pension allocation and the date of commencement of the pension.


Ex-Article: (Amended: 06.3.1981, Law No: 2422/Art.7)
An old age pension shall be awarded to an insured person who has become entitled to such a pension, through giving regard to the following provisions a rate of 60 % of the multiplication of the coefficient by the index corresponding to that person as determined by this Law.

A) Old age pension
    a) Shall be calculated by adding to the rate of 60 % (1) percentage point for each full year of age completed after the age of 50 in case of a woman and 55 in case of a man, and for each invalidity, old-age and survivors insurance contribution period of 240 days in excess of 5000 days.

b) (Amended: 11.12.1981-Law No: 2564/Art.2) shall be calculated by subtracting from the rate of 60 % (1) percentage point for each period of 240 days of invalidity, old-age and survivors insurance contribution period falling shorter than 5000 days.

c) (Amended: 11.12.1981-Law No: 2564/Art.2) The provisions in sub-paragraph (b) above shall not apply to the persons becoming entitled by virtue of paragraph (B-C-D) of Article 60.

In no case the rate of the pension to be awarded in pursuance to the present Article may exceed 85 %.

B) The index to be taken as a basis for the calculation of the old-age pension shall be determined by taking as a basis the average annual earning of the person insured, to be calculated by taking into account his annual earnings taken as a basis for the calculation of the contributions, for at least 5 calendar years preceding the date of termination of the employment of the person insured, during which contributions were paid under the invalidity, old-age and survivors insurance schemes.
In cases where the person insured paid contributions for a total period of less than 5 calendar years, the average annual earning shall be calculated by taking as a basis the calendar years for which he paid contributions.

C) In cases of the insured persons employed by Eregli Coal Operations establishment, alternately (in groups), the annual average earnings shall be calculated, in accordance with paragraph (B), above, by taking as a basis an amount equal to two times as the annual earning of the person concerned. However, the periods of employments held alternately, exceeding 180 days for each year, during the last five years of employment taken as a basis for the calculation of the average annual earning, shall not be into account. (See to Supp.Art.20, 21, 22, 23 and 24)


Commencement of Pension
Article 62-
If an insured person who has been entitled to an old-age pension submits a written claim after leaving his employment covered by insurance shall be awarded an old-age pension as from the beginning of the month following his claim:

If the date of the report, certifying that he is entitled to an old-age pension owing to his having aged prematurely, falls in the calendar month subsequent to his claim, the old-age pension shall be paid as from the beginning of the month following the date of the report.

If on the date fixed for commencing payment of the pension in accordance with the provisions of the preceding paragraphs, the insured person, is drawing a sickness benefit, payment of the old-age pension shall commence as from the beginning of the month following the date on which the payment of sickness benefit terminates. If however, the old-age pension to be awarded exceeds the amount of sickness benefit payable in a month, the difference shall be paid as from the date to be fixed according to the preceding paragraphs.


Re-employment of Persons drawing old-age Pensions
Article 63- (Amended: 29.4.1986-Law No: 3279/Art.3)

A) If a person drawing an old-age pension is re-employed as an insured person, his old-age pension shall be suspended as from the date on which he began working.

Contributions shall be collected in pursuance to Article 73 over his earnings which are into account as a basis for the calculation of the contributions in accordance with Article 78, during the period of his reemployment from the persons whose pensions have been suspended in compliance with the above sub-paragraphs. If a person whose old-age pension has been suspended in accordance with the provisions of the preceding paragraph, leaves his work and re-submits a written claim for payment of an old-age pension, his pension shall start to be paid as from the beginning of the month following his claim the rate of pension having been recalculated, in accordance with the provisions of the following sub-paragraph.

A new old-age pension shall be calculated for such insured persons according to the dates of their written claims and in case the amount of the new pension exceeds the amount of the pension previously awarded, payment shall be made on the basis of the newly calculated pension. If the amount of the newly calculated pension is lower than the old pension, the old pension shall be taken as a basis. However, the number of days, for which contributions have been paid following the suspension of the pension, shall be taken into account for the assessment of the rate of the pension allocation in accordance with the (…) Article 61 of this Act. (“Paragraph A/(a) of” term has been deleted. Valid is on 01.10.1999)

B) In cases where a person starts working as an insured person while drawing an old-age pension under this Act, submits a request in writing, the payments of his pensions shall continue to be made. However, a Social Security Support Contribution shall be deducted from their earnings to be taken into account in compliance with Article 78 at a rate of 30%. One fourth of the contribution shall be the share of the person insured and three fourths of the employer. (The ratio of 25% is replaced by 30% by the Law No.4447 to be valid from 01.10.1999 on)

 
(Supplement: 25.8.1999-Law No: 4447/Art.8) In cases where the persons continue to work as an independent lawyer or a notary public while drawing an old-age pension, a social security support contribution shall be deducted from their pensions, including social support supplement, at the rate of 15%.
 
Persons who became employed in a work under insured status while drawing an old-age pension shall enjoy the same insurance rights as recognised to those persons drawing old-age pensions under this law as well as to the dependent spouses and children and the dependent parents, thereof.

The periods for which Social Security Support Contributions have been paid shall not be considered as insurance periods under this law and the provisions of Act 2829 dated 24.5.1983 pertaining to the Aggregation of Employments held under Social Security Institutions shall not apply and no lump-sum payment shall be made in compliance with the provisions of Article 64. However, the provisions of Article 12 shall apply in cases of work accidents or occupational diseases.

Pensions whose old-age pensions have been suspended in accordance with Article (A), due to the reason that they have resumed employment in insured status while drawing the old-age pension, may request during the period of their employment the provisions stipulated in paragraph (B) to apply; while the persons who have resumed employment without having their old-age pension suspended, in accordance with paragraph (B) may request during the period of their employment the provisions stipulated in paragraph (A) to apply.


Lump-sum Payment
Article 64-
(Amended: 23.10.1969-Law No: 1186/Art.9)
Insured persons who:

a) have completed the age of  58 if a female, and 60 if a male (Amended: 25.6.1999 Law No: 4447/art.56. E.D.: 08.9.1999)

b)   have completed the age of 50 and are determined to have aged
prematurely; leave their employment as insured persons and are not entitled to an invalidity or old-age pension, shall be refunded, upon their written claim, the total amount of contributions paid for invalidity, old-age, survivors' insurance by themselves and by their employers in the form of a lump-sum payment.
(See to Supp.Art.1)




CHAPTER VII

SURVIVORS' INSURANCE


Providing Benefits
Article 65-
Benefits provided under survivors' insurance are as follows:

a) Pensions for the spouse, children and parents of the deceased insured person;

b) lump-sum payments to the spouse, children and parents of the deceased insured person;

c) Payment of funeral expenses of the deceased insured person.


Conditions Required for Awarding Survivors Pension
Article 66-
(Amended: 06.3.1981-Law No: 2422/Art.8) 

a) A pension shall be awarded to the survivors of insured person who:
dies while drawing an invalidity or old-age pension or dies after being entitled to an invalidity or old-age pension for which he has submitted a claim;

b) Dies after his invalidity or old-age pension awarded was suspended because he has started to work again as an insured person;

c) at the time of his death, had been insured for at least five years and had paid contributions for invalidity, old-age and survivors' insurance for an average of at least 180 days each year or for a total of 1800 days.


Computation of Pensions to been Awarded to Survivors
Article 67-
(Amended: 6/3/1981-2422/Art.9)
In the case of death of the insured person, the pension to be awarded to his survivors shall be determined on the basis of:

A)
a) The invalidity or old-age pension which the person insured was drawing or to which he became entitled;

b) The pension to be determined according to the date of death and in accordance with the provisions of Article 58 or Article 63 for the person insured whose pension was suspended in consequence of having started work as an insured person, after he has been awarded an invalidity or old-age pension;

c) The pension to be calculated by taking 1/12 of the 60% of the average annual earnings to be calculated according to the Article 61 of this Act for the person who has been insured for the total period of 1800 days or at least for 5 years and who paid contributions under the invalidity, old-age and survivors insurance schemes average 180 days Per year of his insurance period, shall be taken as a basis for the calculation of the pensions to be awarded to the survivors. This rate shall be increased by (2) percentage point for each 360 days for which contributions have been paid between 8100 days and 5000 days and (1,) percentage point for each 360 days for which contributions have been paid after 9000 days. The survivors pensions thus calculated shall be increased in accordance with the provisions of the last paragraph of the Article 61.

Ex-(c) Paragraph: The pension to be calculated by taking 60% of the amount obtained by multiplying the coefficient by the index to be determined under this Law for the person insured who has been insured for a total period of 1800 days or at least for 5 years and who paid contributions under the invalidity, old-age and survivors insurance schemes, average 180 days per year of his insurance period.

d) (Annulled: 25.8.1999-Law No: 4447/Art.9) The rate of the pension to be awarded, indicated in subparagraph (c) above, shall been increased by (1) percentage point for each full year completed after the age of 50 in case of a female and 55in case of a male, and for each period of 240 days in excess of 5000 days for which contributions were paid under the invalidity, old-age and survivors insurance schemes.


C) (Annulled: 25.8.1999, Law No: 4447/Art.9) The rate of pension to be awarded in compliance with sub-paragraphs (A/c-d) above may not be lower than 70% or higher than 85%.

B) (Amended: 8/9/1999-4447/Art.9) In cases where the person insured            becomes entitled to the awarding of a pension being considered invalid to the extent of requiring the permanent attendance of another person, the pension to be awarded, without giving regard to that situation, shall be taken as a basis for the purpose of the implementation of sub-paragraphs (A/ a-b). (Law has changed this paragraph as paragraph (B) No: 4447/art.9. Last time this paragraph was (C) of Article 67.)
 
D) (Annulled: 25.8.1999, Law No: 4447/Art.9) The index of the pension to be taken as a basis in the determination of the pensions for the survivors in pursuance to sub-paragraphs (A/c) above shall be determined by taking as a basis the average annual earning of the person insured which was taken into account in the calculation of the contributions paid for the last 5 years before his death under the invalidity, old-age and survivors insurance schemes.

In cases where the person insured paid contributions for a period of less than 5 calendar years, the average annual earning shall be calculated by taking into account the calendar years for which contributions were paid.


E) (Annulled: 25.8.1999, Law No: 4447/Art.9) In cases of the insured persons employed alternately(in groups) by the Eregli Coal Operations Establishment, the average annual earning shall be calculated in accordance with paragraph (D) above by taking the amount obtained by multiplying the annual earning by two. However, the amounts of earnings obtained in excess of 180 days of alternate employments for each year within the period of the last 5 calendar years taken into account shall not be given regard to.


Pensions for Spouse and Children
Article 68-
(Amended: 21.6.1973-Law No: 1753/Art.2)
A pension shall be awarded to the survivors of the deceased insured person entitled to a pension according to the following provisions:

I- of the pension of the deceased insured person to be determined in accordance with the provisions of Article 67:
 
  A) (Amended: 20.3.1985-Law No: 3168/Art.2)  50 % to his widow; or 75% if he has no child drawing pension;

  B) (Annulled: 20.3.1985-Law No: 3168/Art.6)

  C) of the children:

a)25% to a son if he has not completed the age of 18, or if receiving secondary education the age of 20, or if receiving higher education the age of 25, or if invalid to the extend of being unable to work and if he is not drawing a pension to which he was entitled in respect of an employment covered by retirement pension or social insurance scheme; 25% to daughter regardless of her age if she is not married or she is divorced or is a widow, provided that she is (expression of “men” is removed by the 35th article of Law No.4958 dated 29.07.2003. E.D. 06.08.2003) not employed in an occupation covered by retirement pension or social insured scheme or she is not drawing a pension from the fund administering these schemes;

b) 50% to each child referred to in sub-paragraph (a) if the parents were dead or if they died subsequently or if there was matrimonial tie between his father and mother, or if his mother remarries subsequently in spite of there being a matrimonial tie between his father and mother on the date of death of the insured is father.
 
If the sons of insured person who have completed their ages of 18 or 20 and have not been entitled to a pension, subsequently go to school for the education, shall be entitled to the benefits referred to in subparagraph (a).

II. Adopted children, acknowledged children, legitimised children or children recognised by court decision and posthumous children shall benefit from the pension to be awarded according to the rules referred to above.

III. The total amount of pensions to be awarded to the surviving spouse and children shall not exceed the amount payable to the insured person. In order not to exceed this limit proportional reductions shall be made, where appropriate, in the pensions awarded to the survivors.                                                                                                                                                                                                                                                                             



IV. Pensions awarded to the sons of the insured person shall continue to be paid until they complete their age of 18, if receiving secondary education their age of 20 and if receiving higher education their age of 25. The pensions payable to the sons who are invalid to the extent of being unable to work shall not be liable to suppression even after they complete the age limits referred to above. If, however, the sons who become invalid to the extent of being unable to work after their pensions were suppressed, shall again be awarded pensions to be paid as from the beginning of the month following the date on which the medical report taken as a basis in determining the state of invalidity, provided that they are not receiving a pension in respect of their employment covered by a social insurance or retirement pension scheme. The provisions of Article 101 shall not be affected.

V. (Amended: 20.3.1985-Law No. 3168/Art.2) If the widow of the deceased insured person remarries, her pension shall be suppressed. If the marriage which was the cause of suppression of pension is dissolved, the pension shall be re-instituted. The widow, who becomes entitled to a second pension after the death of her subsequent husband, shall be paid the higher of these pensions.

VI). The pensions awarded to the daughters of the insured person shall be suspended as from the beginning of the quarter following the date on which they started to work in an occupation covered by the social insurance or retirement pension scheme (E.D.: 06.08.2003 changed by 35th article of Law No.4958 dated 29.07.2003), receiving income or benefit from these places or on the date they marry.  If the factor which was the cause of suppression of the pension is abolished, a new pension payable as from the date on which the causal factor was abolished shall be awarded, subject to the provisions of paragraph 1, subparagraph (C). If, however, she becomes entitled to a pension after the marriage is dissolved shall be paid the higher of these pensions.
(See to Supp.Art.12)
 

Awarding Pensions to Parents
Article 69-
If the total amount of pensions to be awarded to the spouse and children of the insured person at his death is less than the amount of pension of the insured person, the difference shall be paid, in equal shares2, as pensions, to his dependent father and mother (E.D. 06.08.2003 changed by 35th article of Law No.4958 dated 29.07.2003) who do not work being subjected to social security institutions or receiving no other incomes or pension than allotted pension according to Law No.2022 dependency was proved by documentary evidence. However, the share of each of them shall not exceed 25% of the pension of the insured person.

If the total amount of pensions that may be awarded to the spouse and children of the insured person is not less than the pension of the insured person, no pension right shall accrue to the father and mother.




Commencement of pension
Article 70-
Payment of pensions to be awarded to the survivors of the insured person at his death from the survivors' insurance shall commence as from the beginning of the month following the date on which they were entitled to pension.

Payment of pensions awarded to the survivors of the insured person who dies while receiving an invalidity or old-age pension, shall commence at the end of the last pension period for which the insured person was entitled to pension.


Lump-sum payment
Article 71-
If none of the survivors of the deceased insured person are entitled to a survivor's pension to be awarded under the survivors' insurance in accordance with the provisions of this Act, the following provisions shall apply:

I- The following lump-sum payments shall be made out of the total amount of the contributions paid by the deceased insured person himself and by his employers for invalidity, old-age and survivors' insurance:
 
  A) (Amended: 20.3.1985-Law No. 3168/Art.3) 50% to his widow; or 75% if she has no child entitled to a lump-sum payment.
 
  B) (Annulled: 20.3.1985-Law No. 3168/Art.6)

  C) 25% to each son if they have not completed the age of 18, if receiving secondary education the age of 20, if receiving higher education the age of 25, if disabled to the extent of being unable to work, irrespective of age (expression of “man” changed by E.D. 06.08.2003 changed by 35th article of Law No.4958 dated 29.07.2003) and to daughters who are not married.

50% to each child referred to in the preceding paragraph if both parents were dead or if there was no matrimonial tie between his father and mother at the date on which the insured person died.


II. Adopted children, acknowledged children, legitimised children or recognised children by court decision shall benefit from the lump-sum payments according to the rules referred to above.

III. The total amount of the lump-sum payment to be made to the surviving spouse and children shall not exceed the lump-sum to be paid. In order not to exceed this limit, proportional reductions shall be made, where appropriate, from the shares of the survivors.

IV. The total amount of the lump-sum payments to be made to the spouse and children at the date of death of the insured person is less than the amount to be paid as lump sum, the difference shall be paid in equal shares, to the father and mother who (E.D. 06.08.2003 changed by 35th article of Law No.4958 dated 29.07.2003) not working being subjected to social security institutions or receiving no monthly pay except from pension allocated according to Law No.2022.

However, their individual shares shall not exceed 25% of the said lump-sum payment.

V. If a balance remains after the lump-sum payments are made under the rules referred to above, lump-sum payments may also be made under this Article to the posthumous children of the insured person, as well as to children who shall be legitimised or recognised by court decision as children of the insured person after his death.





CHAPTER VIII

CONTRIBUTIONS


Collection of Contributions
Article 72-
In order to cover the benefits and payments of any kind required by the work accident, occupational disease, sickness, maternity, invalidity, old-age and survivors' insurances and all sorts of administrative expenses contributions shall be collected by the Institution in accordance with the provisions of this Act.

(Amended: 29.4.1986-Law No: 3279/Art.4) Administrative expenses shall not exceed 10% of the general annual income of the Institution.


Rates of Contribution
Article 73-
(Amended: 6.3.1981-Law NO. 2422/Art.10)

A) The rate of contribution for insurance against work accident and occupational diseases to be fixed according to the tariff shall be paid entirely by the employer. The rate of this contribution shall not be lower than 1,5% or higher then 7%.
B)    a) The rate of contribution for sickness insurance shall be 11 % of the earnings of the insured person. 5% of this contribution shall be paid by the insured person and 6 per cent by the employer.

The contribution for the apprentices defined in paragraph (II/B) of Article 3 shall be 4% of his earnings, 2% being the share of the person insured and 2% of the employer.
   
   b) (Annulled: 28.1.1983. Law No: 2795/Art.6)

C) The rate of contribution for maternity insurance shall be 1 of the earnings of the insured person.

The employer shall only be responsible for payment of this contribution.

D) The rate of contribution for invalidity, old-age and survivors' insurance shall be 20% of the earnings of the insured person. 9% of this contribution shall be paid by the insured person, and 11% by the employer.

However, the rate of invalidity, old-age and survivors' insurance contributions to be paid for those employed in underground works in mines shall be 22%, 9% of which shall be paid by the insured person and 13% by the employer. (See to Supp.Art.7)



as of 01.01.2000;
Share of Insured Person: 1%
Share of Employer          : 2%
Share of State                 : 1%.



Determination of the Rate of Contribution for Work Accidents and Occupational Diseases
Article 74-
The contribution for insurance against work accidents and occupational diseases shall be determined according to the severity of the hazard presented by the work done as regards work accidents and occupational diseases.
Branches of work shall be divided into categories according to the severity of the hazard and those categories into degrees according to the special conditions under which the work is carried on the extent to which safety measures are applied.

The categories of risk of various branches of work and the rules to be applied in the determination of the categories and degrees of risk and the rates of contribution corresponding to the categories and degrees of risk shall be prescribed by a tariff to be put into force by Decrees of the Council of Ministers promulgated on the advice of the Ministry of Labour and Social Security after consultation with the other Ministries concerned.

The tariff of the rates of contribution may be amended under the same rules, if necessary.

The rates of contribution shall be calculated on the basis of the total amount of insurance benefits to be provided in the case of work accidents and occupational diseases, administrative expenses and the amount of capital reserves required for pensions to be awarded.


Determination of Categories and Degrees of Risk
Article 75-
The Institution shall determine the category and degree of risk of the work done and the corresponding contribution rates for insurance against work accidents and occupational diseases according to the tariff referred to in Article 74 and shall communicate the same in writing to the employer.

Higher rates of contribution may be fixed by the Institution for activities which do not conform to the provisions of legislation concerning measures for the prevention of work accidents and occupational diseases.

The Institution may, based on an inquiry, modify on its own initiative or at the request of the employer, the category and degree of risk already determined.

The decision concerning modification to be made by the Institution shall be communicated to the employer at least one month prior to the beginning of the calendar year, and the request for modification by the employer shall be communicated to the Institution at least two months prior to the beginning of the calendar year.

The decision concerning notifications shall thus come into force as the beginning of the calendar year following the decision or the request referred to in the preceding paragraph.

The employer may file an objection with the Ministry of Labour and Social Security within one month after having received the written communication from the Institution regarding the category and degree of risk and the contribution rate. The Ministry shall examine the objection and notify the employer concerned of its decision within three months.

The filing of an objection shall not delay the payment of contributions.


If the employer files an objection with the Ministry of Labour and Social Security regarding the category and degree of risk in accordance with the provision of the present Article or appeals to the Council of State following the decision of the said Ministry, the time limit of one year referred to in the relative Article of the Bankruptcy Act shall start to run, for the purposes of the application of Article 81 of this Act, as from the expire of the time limit for cancellation of the decision of the Ministry in the first instance, and in the second instance, as from the date on which the verdict of the Council of State becomes final.


Changes Affecting Categories and Degrees of Risk
Article 76-
The employer shall be bound to communicate in writing within one month to the Institution all changes liable to affect the categories and degrees of risk.
Upon receipt of this communication and following an inquiry, the Institution may change the category and degree of risk.

If the change which is liable to affect the category and degree of risk is communicated within one month, the decision of the Institution in this connection shall be applied as from the beginning of the month following the date on which the change has occurred.

If the change which is liable to affect the category and degree of risk is not communicated within one month, the Institution shall make its decision on the following basis:
   
   a) the change shall come into force as from the beginning of the month following the date of the change, if the category of risk is increased;

   b) the change shall come into force as from the beginning of the month following the date on which the institution was informed of the change if the category of risk is decreased.





Earnings Taken as a Basis for Contribution
Article 77-
The gross total amount of the following earnings shall be taken as a basis for the calculation of the contributions payable in month by the insured person and the employer.
   
   a) He wages the insured person is entitled to receive for the month in question;
   
   b) Any bonuses, gratuities or other similar payments made to the insured person during the month in question;
   
   c) Payments in the character of earnings referred to in subparagraphs (a) and (b) made to the insured person according to the decisions rendered by the administrative or judicial authorities in the course of the month in question.

(Amended: by 36th article of Law No.4958 dated 29.07.2003. E.D.: 01.01.2004)  Death, delivery and marriage benefits, travel allowances, termination, notice period and cash indemnities, allowances in kind and food, child and family aid increases to be defined annually by Ministry Labour and Social Security are not taken into consideration when calculating monthly amount of insurable earnings for contributions.

(Amended: by 36th article of Law No.4958 dated 29.07.2003. E.D. 01.01.2004) Fraction up to 1000 TL of monthly total insurable earnings for each insured person is not taken into consideration.

The daily earnings to be taken as a basis for the calculation of contributions paid and benefits received by the insured persons who are not paid a stated daily, weekly or monthly wage and whose earnings are not fixed as to a specific period of time or time or amount, such as earnings from commission or profit sharing, shall be determined by Decree of the Council of Ministers, subject to the provisions of Article 78.
 
If, however, the insured person has other stated earnings, the daily earnings to be taken as a basis for the calculation of contributions and benefits shall be determined by adding to his daily earnings calculated in accordance with the provisions of the paragraph referred to above, his daily earnings calculated according to his stated remuneration.
 
The daily earnings to be taken as a basis for the calculation of contributions under this Act shall be one thirtieth of the monthly earnings subject to contributions.
 
The daily earnings of the insured person who was not in full-time employment during the month in question and consequently has not been paid wages for the days not worked shall be calculated by dividing his total earnings subject to contribution by the number of days for which he has been paid wages.
 
The number of days taken as a basis for the calculation of daily earnings shall also indicate the number of days of contributions paid by the insured person.
 
In determining the monthly and daily earnings which shall be taken a basis for payment of contributions paid by the insured person who has worked for different employers in the course of any month, the amount of monthly and daily earnings obtained from each employer shall be taken into account separately and the contributions shall be calculated on this basis.
 
 
Limits of Daily Earnings (See to Supp.Trans.Art.2) 
Article 78- Amended : 06/03/1981 – Law No.2422/ Art.11

(Amended: 28.01.2004 - Law No. 5073 /Art.9,  E.D.:01.01.2004) The minimum limit of the daily earnings to be taken as a basis for the calculation of the contributions to be collected and the allowances to be provided under this Law shall be TL 18.321.000.- and the upper limit shall be the five-fold of the minimum limit. Minimum limit of the daily income shall be determined every year as of January 1st by applying the estimated increase of the  development rate of the gross domestic product with constant prices, to the amount found by  increasing up to the estimated increase rate of the latest consumer price index  envisaged in the yearly program. However, if increase rate of the consumer price index exceeds the rate envisaged for the end of the year, minimum limit of the daily income shall then be re-determined by  the Council of Ministers  so as to be valid from the beginning of the month following the month during which the envisaged rate was exceeded.                                    In calculation of the minimum limit of daily income in this manner, the fractions of 1.000 liras are complemented to 1.000 liras. 

Ex-Type: Amended: 20.6.1987, Law No: 3395/Art.4. Annulled: 25.8.1999, Law No: 4447/Art.10)The minimum limit of the daily earnings to be taken as a basis for the calculation of the contributions to be collected and the allowances to be provided under the present Act shall be one thirtieth of the figure found by multiplying the lowest indicator on the table of indices annexed to the present Law by the coefficient, while the maximum limit shall be one thirtieth of the figure found by multiplying the highest indicator on the table of higher indices by the coefficient. The fractions of the Lira of the daily earnings thus calculated shall be raised to one Lira.
 
The daily earnings of the insured persons whose earnings are smaller than the minimum limit and of the insured persons who work without pay shall be calculated by taking as a basis the minimum limit and the daily earnings of the insured persons whose earnings are bigger than the maximum limit shall be calculated over the maximum limit.
 
In cases where the earning of the person insured is smaller than the minimum limit the contributions to cover the difference between the earning and the minimum limit shall be totally paid by the employer.
 
In cases where the contributions deducted from the wages of an insured person working for more than one employer exceed the amount calculated on the basis of the maximum limit, the difference shall be refunded to the person insured, upon his request, in proportion to his share.
 
 
(*) see Supplemented Article 42

Certificates of Contribution
Article 79-
(Amended: 20.6.1987-Law No: 3395/Art.5, and E.D. 06.08.2003 changed by 37th article of Law No.4958 dated 29.07.2003)
The employer is responsible for supplying the Institution with monthly contributions of the insured, Total insurable earnings for support contribution, number of days for contribution payment and original and additional records showing these contributions whose samples are determined by regulations until the end of the month following the quarter that the records belonged to. Furthermore, the employer is responsible for presenting workplace records when demanded by the Institution and if there are no insured are employed, the employer is responsible for declaring this issue in a written format in one month following the termination of the insured’s employment to the Institution. In the event of employer transferring the insured  to another employer in order to perform work activity according to the 7th article of the Labour Law No.4857, the new employer is jointly responsible with the former employer for supplying the Institution with the records regarding temporary business affair period mentioned in this article in the same time.

(Supplement: Paragraph from Article 11 of the Law No.4447 dated 25.08.1999 is valid from 01.01.2000 on)  For the person insured for whom it has been states that they have not been employed in some days in a month and paid no wages, the employer shall be responsible to annex the notes and documents indicating that the insured person worked less than 30 days, to the contribution certificates.
 
(Supplement: Paragraph from Article 11 of the Law No.4447 dated 25.08.1999 is valid from 01.01.2000 on)  In cases where to these notes and documents are not submitted to the Institution or not regarded as valid by the Institution, the contributions for the periods less than 30 days shall be realised by the Institution itself and collected in accordance with the provisions of the Article 80th. The procedures and principles to be followed in connection with the implementation shall be prescribed by the Regulations to be entered into force in six months.
 
The employer shall be bound to hung at the work place, or where there are more than one work place, at each work place, at such places noticeable by the employees, a certificate, the model of which has been indicated in the regulations, indicating the name and surname, the insurance registration number and the period of employment of the persons insured.
 
The provisions of Article 140 shall apply against the employers who would not fulfil the above obligations.
 
The application of Article 140 shall not be constituted as a reason for not submitting the contribution certificates to the Institution.

(Amended: by 37th article of Law No.4958, E.D. 06.08.2003) In the event of records and documents to be given the Institution not being supplied or incomplete supply, which are found to be belonging to detected insured theses documents are ex-officio prepared by the Institution and the content is conveyed to the employer.
 
The employer may place an appeal against the contribution obligation he has been notified of, with the competent office of the Institution within one month following the notification. The appeal shall cease the collection. In case of the rejection of the appeal the employer may place his appeal with the competent court within one month following the notification of the rejection. The appeal made to the court shall not cease the collection of the obligation and the relevant prosecution.
 
In case the court decides for the Institution, the provision relating to contribution obligations in Article 80 shall apply.
 
In cases where the insured persons whose certificates required by Regulations have not been submitted by the employers or whose employments could not be established by the Institution may apply to the court within (amended by the 3rd Article of Law No.3995, dated of 01.6.1994) a period of 5 years immediately preceding the end of the year they had their employments and if they prove through the decision of the court that they had such employments, the total amounts of their monthly earnings and the number of contribution days indicated in the court decision shall be given regard to.

Where the institution establishes the fact that the records and certificates required to be submitted by the employer about the insured person have not been submitted in spite of the fact that the insured person has fulfilled the condition of payment of contributions, as prescribed in the present Act against his one or several employments or where the institution establishes the fact that the number of contribution days has been shown smaller than the actual number, the person concerned shall be provided benefits under the sickness and maternity insurance branches.

Supplement: (29.7.2003-Law No. 4958/Art.37. E.D.: 06.8.2003)
In every job being awarded to real or artificial persons by institutions and establishments specified by the 83rd article of this Law, declaration of sufficient workmanship in the constructions are investigated. In the event workmanship detected not sufficient after the investigation that its procedure and principles to be defined by regulations, if contribution cost to be calculated over undeclared workmanship cost and overdue interest fee is paid by the employer without demanding an investigation by the insurance examiner, there would be no need for an inspection.

Accrued contributions by the Institution (ex-officio) which are detected that not declared by the insurance examiner, are notified to the employer according to the 80th article of this Law. The employer can object to the contribution debt in one month following the date of notification. The objection terminates the pursuit. In case of the decline of objection, the employer can apply to an authorized business court in one moth following the date of notification. Applications to court do not stop neither the pursuit of the debt nor the collection of it.

About the business enterprises, which detected to be not reporting minimum workmanship total, several processes, apply according to the 140th article of this Law.

Public administrations and establishments (including institutions and organizations carrying out public service) are obliged to supply the Institution with required information if demanded in written format in one month at the latest.

In order to define the method to assess the workmanship, required minimum workmanship, to investigate if sufficient workmanship was declared to the Institution and determining the rate of minimum workmanship and to examine and to make a decision about objections to minimum workmanship rates; Commission for Determining Minimum Workmanship is established within the Institution. The commission consists of 7 people which 5 of them are technical staff of the Institution and 2 are to be assigned by the worker and employer confederations which are represented in executive committee. The institution may establish more than one Commission for Determining Minimum Workmanship by the decision of the executive committee. Issues pertaining to additional payments to technical staff to be assigned by worker and employer federations and procedures and principles of the Commission for Determining Minimum Workmanship are defined by regulations.  (See to Supp.Art.31) 
 
 
(Supplement: 28.01.2004 – Law No.5073 /Art. E.D.01.05.2004) Board of Directors  is authorised to enforce the employers to send the certificates that should be provided in accordance  with the first paragraph of this Article to the Institution by internet and similar electronic way, by taking into consideration the type of the workplace and certificate and number of the insured workers and development level of the provinces in the field of information and computer technology.

In case of the employers determined such a way fail to fulfil the above mentioned liabilities within the time given in the first paragraph of this Article, then Article 140 (c) of this Law shall be applied.



Payment of contributions   
Article 80-
(Amended: 01.12.1993-Law No. 3917/Art.1)
The employer shall be bound to withhold the contributions to be calculated under this Act, on the basis of the total amount of wages which are due to the insured persons in the course of any month and shall pay the sum of all such liable contributions, include his own share, to the Institution not later than the end of the following month.
 
(Addition: to 32nd article of Law No. 4842 dated 24.04.2003)  It is also possible to pay contribution debts by taking them out of V.A.T. refund. In this case, the person entitled to receive V.A.T. refund; can also request for the contribution debts of himself, and other employers he buys good or service or his partners to be collected same way. The Ministry that the Institution depends on is authorized to define the employers to benefit from this application in respect to their business field and business size and to extend the debt payment period for employers who are requested to be entered in the account on condition that contribution  debt payment deadline is not exceeded.

 The provisions of the preceding paragraph shall apply also to the contributions to be calculated according to the wages to which the insured person was entitled in accordance with the provisions of Article 77, subparagraph (a), but not paid to him.
 
The sum of the contributions not actually paid to the Institution shall not be registered as expenditure on the implementation of Income and Enterprises Tax.

(Amended: 38th article of Law No.4958 dated 29.07.2003. E.D. 01.01.2003)
In the collection of unpaid contributions and arrears, articles of the Law about Procedures for the Collection of Public Arrears No.6183, excluding the 51st article are applied. The Institution utilizes the authority which Ministry of Finance, other public institutions and organizations for the implementation of the Law. Insofar; if contributions and arrears are not paid in time and completely, the unpaid portion is increased in 10% on the date that the payment period is over. Overdue interest is calculated over this Total, to begin on the date payment period ends until the arrear is paid, for every month separately, at monthly average interest rate of Government bonds of the previous month (exported discounted on TL)to be declared by Treasury (supplement: 28.01.2004-Law No.5073/Art.12 .E.D.01.02.2004), to be applied on compound basis. For the month that the payment is done, overdue interest is calculated on a daily basis.

The procedures and principles to be followed in connection with having the use of the competence shall be set up by regulations.

Disputes arising as to the application of the Act 6183 dated 21.7.1953, for the purpose of collecting the credits of the Institution, shall be resolved by the Labour Court of the region where the creditor Insurance Directorate located.
 
The application to the competent Labour Court shall not cease the following and collection of the credits.
 
The additional fines for delinquency shall be collected on the unpaid portions of contributions even though a suit or an execution proceeding is involved.

(Amended: 29.9.1999- 578/Art.1) In case of a natural disaster such as fire, flood or earthquake, the present contributions due to be paid by the employer, as well as the contributions which shall become due for the period of three months following the disaster, the payment may be deferred for a period up to one year following the disaster, provided that the employers concerned, who would be required to give documentary evidence about the disaster, should place their applications within three months.
 
The period for which the payment has been deferred shall not be counted for prescription and no default increment shall be charged against the period deferred.
 
The public officers, accountants in charge and treasurers of the public institutions and agencies who would not make the assessment and the payment of the insurance contributions during the period prescribed in the first paragraph, without any justifiable reasons and the higher administrative personnel and the competent authorities of the other employers possessing legal personality shall be jointly and successively responsible against the Institution.
 
The provisions of this Article shall be applied as to the social support increment not paid on schedule to the Institution, by the public institutions and establishments mentioned in the Supplementary Article 24 of this Law.


Document to be drawn up by the Institution for unpaid contributions
Article 81-
(Amended: 20.6.1987-Law No. 3395/Art.6)
If the contributions and fines to be collected under this Act are not paid after the employer has been notified by the Institution, the document drawn up by the Institution which indicates the amount of contribution and fines due, shall have the same effect as documents duly delivered by the public authorities and shall be subject to the same procedures followed by the Distant and Bankruptcy Offices.
 


Subrogation to Contributions   
Article 82-
(Amended: 06.3.1981-Law No. 2422/Art.13)
If a workplace, where insured persons are employed, is transferred or passed over another person, the new employer shall be jointly responsible for all contributions and fines for delinquency owed to the Institution by the previous employer.
 
Any agreement contrary to this provision shall be null and void.
 
 
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Re: Social Insurance Act - Turkish Law No.506
« Reply #2 on: June 19, 2007, 06:16:28 PM »
Settlement of Contribution Debts through Guarantee Bonds and Due Payments
Article 83- (Amended: 20.6.1987-Law No: 3395/Art.7)
The establishments of general or added budgets, provincial and municipal administrations or the establishments and institutions, whose at least one half of capitals belongs to the institutions with general or added budgets or to provincial administrations or to municipalities, the public economic establishments and their affiliated agencies and partnerships or the corporations participated, the corporations and institutions established by law or by any power provided by law, shall be bound to inform the Institution about the names and addresses of the institutions with revolving capitals which have undertaken any kinds of works through tenders.
 
In principle the insurance contributions are to be paid through settlement of accounts by making deductions from due payments. The procedure and the principles to be followed in connection with the return of the payments and the guarantee bonds shall be prescribed by the Regulations to be made by the Council of Ministers.
 
 
Refund of Contributions Collected Erroneously   
Article 84-
Contributions ascertained to have been collected by mistake or on unjustified grounds shall be refunded within ten years following the date on which they were collected to the employers and insured persons concerned in proportion to their shares.
 
Legal interest shall also be paid by the Institution on such contributions refunded to employers. The interest shall be calculated for the period extending from the beginning of the month following the date on which contributions were paid to the Institution and the beginning of the month in which the refund was made.

Benefits being provided and payments made by the Institution under the insurance against work accidents and occupational diseases to the persons in connection with their employment for which contributions have been refunded shall be stopped. If the persons concerned have failed to comply with the qualifying conditions for entitlement to benefits provided and pensions awarded under sickness, maternity, invalidity,0ld-age and survivors insurances because of the refund of contributions, the provision of such benefits and payment of pensions shall also be stopped. However, the expenses incurred in connection with the benefits already provided shall not be reclaimed from the persons concerned.



CHAPTER IX

VOLUNTARY INSURANCE


Conditions 
Article 85- (Amended: 24.4.2003, Law No: 4842/Art.33. E.D.: 01.5.2003)
To continue with invalidity, old age and death insurances arbitrarily:
A) It is obligatory to;
a)  Having paid contributions for invalidity, old age and survivors insurance for at least 1080 days,
b) To be obligatorily or arbitrarily insured by any social security institution and being not allocated with a pension by any of these institutions,
c) Arbitrarily, paying contributions for invalidity, old age and survivors insurances over 30 days for each month, and
d) To apply to the Institution with the request claim that sample would be provided by the institution.   
B)  Voluntary insurance shall be start from the beginning of the month following the month which application receives by Institution. Insofar, ones detected that his ties are severed with the social security institutions on the date which voluntary insured begins, their insurance is cancelled by the initiation date and the prepaid contributions are paid back without applying interest.
C)   a) If any person wants pay to voluntary insurance premium; he can select to step that between higher and minimum limits of earning basis upon premium in according  to the 78th Article of this Law. Voluntary insurance contribution rate is applied as 30%.
          b) It is obligatory to pay the voluntary insurance contributions until the end of the month that follows the month which the contribution belongs to. For the contributions not until the end of the aforesaid month, overdue interest is applied according to the provision of 80th article from the same date on.
D) Voluntary insurance terminates from the dates below on;   
a)   The day that the employees subjected to social security institutions start working,

b)   The end of the last month that the contribution was paid before the date that the Institution receives the applications of the ones who want to terminate their Voluntary insurance,

c)   The end of the last month of paid contribution for the ones who have not paid contributions for continuous 3 months,

d)   Allotment demand date, under the condition of entitlement for pensions or payment in lump sum for the ones demanding allotment,

e)   Date of death for the insured person.

E) (Amended: 29.7.2003, Law No: 4958/Art.39. E.D.: 06.8.2003) Provisions mentioned in subparagraph (a) of subparagraph (A) are not sought for Turkish workers who went to countries where social security contracts are not valid. It is obligatory for the insured to do a written application again in order to continue with Voluntary insurance if the insurance coverage is over according to subparagraphs (a), (b), and (c) of subparagraph (D) of this article.
 
Group Insurance   
Article 86-
The Institution may conclude agreements with employers or with societies, associations, trade unions and other organisations in order that persons who are not insured under Article 2 and 3, may be covered by group insurance for one, several or all of the branches of insurance covering work accidents, occupational diseases, sickness, maternity, invalidity, old-age and survivors, under general conditions to be approved by the Ministry of Labour and Social Security.

(Supplement: 29.7.2003, Law No: 4958/Art.40. E.D.: 01.9.2003) Contribution rate for people covered by invalidity, old age or death insurances is 30% of the amount to be defined by themselves but to be between the higher and minimum limits of insurable earnings to be defined by the 78th article of this Law. For the contributions not paid until the end of the next month they belong to, overdue interest is applied according to the 80th article of this Law from that day on.
(Supplement: 29.7.2003, Law No: 4958/Art.40. E.D.: 01.9.2003) In countries where social security contracts are not valid, in the event employers requesting social security for their Turkish employees, provisions of 85th article are applied.


 
CHAPTER X

COMMON PROVISIONS

Inter-mediation of the third Person 
Article 87-
Even though the insured persons who have been employed through the inter-mediation of a third party and have concluded a contract with the said party, the employer shall be responsible together with the intermediary third party for obligations imposed on him by this Law.
 
The term "intermediary" shall mean any third party who obtains work or annexes of the said business, and employs insured persons on his own behalf.
 
 
Daily Earnings to be taken as a basis for Allowances and Pensions   
Article 88-
The daily earnings to be taken as a basis for the calculation of allowances to be paid and pensions to be awarded in cases of work accidents, occupational diseases, sickness and maternity, shall be equal to one ninetieth of the total earnings obtained according to Article 77, subparagraphs (a) an (b), in one or more occupations covered by this Act in the course of the three calendar · months preceding the date on which the work accident or confinement occurred or incapacity for work resulting from an occupational disease or sickness commenced.
 
The earnings of an insured person who was not employed for some of the days and consequently did not receive e wage for the days he did not work in the course of the three calendar months which were taken as a basis for the calculation of the daily earnings, shall be calculated by dividing the total amount of his earnings obtained during the three months in question according to Article 77, subparagraphs (a) and (b), by the days for which he was paid wages in accordance with the provisions of Article 77, subparagraph (a).
 
The payments made according to Article 77, subparagraph (c) in respect of months proceeding the three months period which is taken as a basis for the calculation of cash benefits and pensions, shall not be taken into account for the calculation of daily earnings.
 
If the payments made according to Article 77, subparagraph (b), have been taken into account for the calculation of daily earnings, the amount of the daily earnings to be taken as a basis for cash benefits and pension shall not exceed the amount established by adding 50% to the amount obtained by dividing the total wages indicated in Article 77, subparagraph (a) by 90 or by the number of days for which a wage has been paid.
 
For the calculation of the daily earnings of an insured person who has not been employed and has not been paid a wage in the course of the three months period taken as basis for the calculation of the daily earnings, the earnings obtained in the last three months during which he was employed in the course of the twelve calendar months preceding the date on which the work accident or confinement occurred or incapacity for work resulting from an occupational disease or sickness commenced shall be taken as a basis and daily earnings shall be calculated according to the preceding paragraphs.
 
If an insured person who was not employed and was not paid any wage during the twelve-months period has become incapacitated for work as a result of work accident sustained or occupational disease contracted in the course of the month during which he was employed, his daily earnings shall be calculated by dividing his total earnings obtained between the date on which he entered the employment and the date on which he was incapacitated for work, by the number of days in respect of which he was paid wages. The insured person who has sustained an work accident on the day he was first employed, the amount of the wage agreed upon between the parties shall be considered as his daily earning. The provisions of this paragraph shall also apply to persons who begin work the first time as an insured person.
 
For the calculation of the daily earnings of an insured person who has sustained an work accident on the first day of work and who is paid on a piece-work or job basis, the daily earnings of an insured person employed in the same or similar work with similar work experience shall be taken as a basis.
 
For the determination of daily earnings to be taken as a basis for cash benefits to be paid and pensions to be awarded to an insured person who has been engaged concurrently in more than one employment during the period, the earnings obtained on each of these employments shall be taken separately as a basis for the calculation of insurance contributions and the daily earnings shall be calculated according to the rules referred to above.
 
If an occupational disease manifests itself one year after the insured person left his last covered employment, his daily earnings shall be calculated according to the preceding paragraphs by taking as a basis the date on which he left his last employment.
 
The annual earnings to be taken as a basis for a pension to be awarded in the case of a work accident or occupational disease shall be the amount obtained by multiplying the daily earnings calculated according to the provisions referred to above by 360.
 
 
Calculation of Temporary Incapacity Allowances   
Article 89-
(Amended: by consolidated the first, second and third paragraphs: 20.6.1987-Law No: 3395/Art.9)

The cash benefit for temporary incapacity for work in cases of work accident, occupational diseases or sickness where the insured person is hospitalised or sent to a thermal or mineral spring for treatment at the expense of the Institution, he shall be paid one-half of his daily earnings calculated in accordance with the provisions of Articles 78 and 88, where the person insured is provided treatment as an out patient he shall be paid two thirds of his daily earnings.
 
Where an insured person is drawing a pension for a permanent incapacity for work is again put under treatment for the same injury or occupational disease, and he submits a written claim, the difference between the daily cash benefit for temporary incapacity for work to be calculated according to the earnings taken as a basis for determining the pension for permanent incapacity for work and one ninetieth of the quarterly pension for permanent incapacity for work shall be paid for each day as a cash benefit.
 
The Institution weekly in arrears shall pay cash benefits for temporary incapacity for work.
Where it is difficult to receive from the Institution the said benefit directly, it shall be paid to the insured person on account of the Institution by the employer according to the instructions of the Institution. The Institution shall reimburse the employer for all benefits paid under this Act on basis of vouchers.
 
The cash benefit payable to an insured woman in the case of maternity shall be equal to two-thirds of her earnings.
 
 
Certificate to be given to the Insured Person for Medical Examination   
Article 90-
(Amended: 16.6.1975-Law No: 1912/Art.5)
The employer shall furnish the insured person in the case of an work accident, occupational disease, sickness or maternity, a certificate to be prescribed by the Institution, indicating his earnings and the number of days for which he has paid contributions. The employer shall furnish, at the request of the insured person, who has satisfied the condition for payment of contributions for 120 days laid down in Articles 35 and 40, a certificate to be prescribed by the Institution, which shall be valid for six months and which shall indicate the number of days for which the insured person has paid contributions for the purpose of providing medical benefits to his wife and dependent children as well as to the dependent husband and children of the insured woman in the case of sickness.
 
The cost of benefits provided unjustifiably by the Institution for the persons referred to in the preceding paragraphs on ground of incomplete and erroneous data entered on certificate referred to in the afore-going paragraphs shall be reclaimed from the employer.
 
 
Aggregation of Temporary Incapacity Allowances 
Article 91-
If an insured person is suffering from more than one condition such as work accident, occupational disease, sickness and maternity, he shall be paid the highest cash benefit for temporary incapacity for work to which he would be entitled in the case of work accident, occupational disease, sickness and maternity.
 

Aggregation of Incomes and Pensions   
Article 92-
An insured person who is entitled to receive both invalidity and an old-age pension shall be awarded the higher of these two or, if they are equal, only the old-age pension.
 
Where an insured person is entitled both to a pension under the invalidity, old-age and survivors' insurance and a pension under the insurance against work accidents and occupational diseases, he himself or his survivors shall be awarded the full amount of the higher pension and one-half of the minimum pension. If both pensions are equal in amount he shall be paid the full amount of the pension awarded under the insurance against work accidents and occupational diseases and one-half of the pension awarded under the invalidity, old-age and survivors' insurance. The provisions of this paragraph shall not apply to the lump-sum payments made under the insurance against work accidents and occupational diseases and to the ' lump-sum payments made under the invalidity, old-age and survivors' insurance before a pension was awarded in the case of invalidity, old-age or death.
 
The insured person who is entitled to a pension under the invalidity insurance and to a lump-sum payment under the old-age insurance shall receive only the pension.
 
 
Children who entitled Income or Pension from their Parents 
Article 93-
(Amended: 29.7.2003, Law No: 4958/Art.41. E.D.: 06.8.2003) To the children who are entitled to receive income or pension following the death of insured mother and father, taking 92nd article in consideration of this Law, whole of the higher and half of the minimum income or pension are allocated.

However, the provisions of the preceding paragraph shall not apply to the lump-sum payments to be made under Article 71.
(See to Supp.Art.47)

 
Fractions of Lira   
Article 94-
Fractions of a lira shall be rounded up to the next highest lira in the calculation of pension payable to the insured person and to each of his survivors under this Act.
 
 
Date of Commencement of Changed Pensions
Article 95-
(Amended: 29.7.2003, Law No: 4958/Art42, E.D.: 06.8.2003) In the event of a situation that requires an alteration in the amount of income or pensions allocated to the insured or rightful heirs according to this Law, the new amount would be validated from the beginning of the month following the alteration. 25th, 57th, and 101st provisions of this Law are legally guaranteed. 
 
 

Minimum Limit of Pensions   
Article 96-
(Amended: 25.8.1999, Law No: 4447/Art13. E.D.:01.01.2000)
The pensions to be awarded under this Act shall not be less than 35% of the monthly amount of the minimum limit of the daily earnings to be determined according to the Article 78 of Act.

Ex-Paragraph :( Amended: 06.3.1981, Law No: 2422/Art.14. Annulled: 25.8.1999, Law No: 4447/Art.13. E.D.:01.01.2000) The minimum limit of the pension to be taken as a basis for the calculation of pensions to be awarded under invalidity and old-age insurance and pensions to be awarded to the survivors under survivors' insurance under this Act, shall not be less than 70% of the multiplication of the coefficient by the lowest indicator on the Table of Indices.
 
(Amended: 06.3.1981-Law No: 2422/14 Art.) The total amount of retirement and invalidity pensions or occupational invalidity pension awarded under Transitional Article 2 of Act 991 from the Funds merged in the Institution and the retirement, invalidity, widow's and orphan's pensions to be awarded under Transitional Article 1, paragraph 1 of the same Act by the Institution (even if the pensioner is one person) shall not be less than the minimum limit to be calculated in accordance with the provisions of the preceding paragraph.
 
The pensions of the survivors may not be smaller than 80% of the minimum limit of pension amount calculated in accordance with the first paragraph of the present Article, where there is only one survivor and smaller than 90 % where there are two survivors.
 
The rate of the pension to be awarded against permanent partial incapacity for work, to the persons whose rate of incapacity is 25 or more, in accordance with paragraph 3 of Article 20 of the present Act, may not be lower than 70% of the amount calculated by multiplying the minimum limit of the daily earning to be determined in accordance with Article 78 of the present Act, by 30.

(Supplement: 29.7.2003, Law NO: 4958/Art.43. E.D.06.02.2004)  Provisions above do not apply for the incomes or pensions that are allocated to the insured or rightful heirs according to the provisions of this Law excluding the first income or pension. If more than one income or pension is allocated at the same time, first income or pension of the higher one is regarded.
(Supplement: 20/6/1987 Law No: .3395/10) Provision of this article is not taken into consideration for partial benefits allocated according to social security contracts.   
 
Increasing Incomes and Allowances in according to the Minimum Limit of Daily Earnings   
Article 97-
(Amended: 29.6.1978-Law No: 2167/Art.10. Annulled: 25.8.1999, Law No: 4447/Art.62. E.D.:01.01.2000)

Where the minimum limit of daily earnings which are determined under Article 78 and are taken as a basis for the calculation of insurance contributions and benefits, are increased, the benefits or pensions a person is receiving or is or will be entitled to receive in the case of work accidents, occupational diseases, sickness and maternity, calculated on the basis of daily earnings lower than the amount newly determined, the said benefits and pensions shall be increased as from the date on which the minimum limit of daily earnings were increased, according to the newly raised daily rates or earnings.
 
 
Payment of Pensions and Incomes 
Article 98-
(Amended: 20.3.1985-Law No: 3168/Art.4) The Council of Ministers shall be authorised to decide on the payment of pensions awarded to the persons insured or the survivors every month or every three months in advance and on the dates of payments.
(*)Please refer to Official Gazette dated of ;
-10.11.1992 and numbered 21401 for payment dates determined by D.C.M. dated 08.10.1992 and numbered 92.3649.
-31.12.1998 and numbered 23570 for payment dates determined by D.C.M. dated 29.12.1998 and numbered 98/12321.
-05.3.1999 and numbered 23630 for payment dates determined by D.C.M. dated 19.02.1999 and numbered 99/12473.
-28.12.2002 and numbered 24977 for payment dates determined by D.C.M. dated 24.12.2002 and numbered 2002/5001.
 
Prescription and Lose of Right   
Article 99-
(Amended: 29.4.1986-Law No: 3279/Art.5)
Unless otherwise provided in this Act, the pensions to which title have arisen under the work accidents, occupational diseases and survivors’ insurance schemes shall be forfeited due to prescription, if no request is made within the period of five years following the date of the event giving entitlement to benefit. The provision of the pensions of the persons in the above situation shall commence as from the first day of the month following the date of the written request.
 
The other titles acquired under the work accidents and occupational diseases insurance scheme and the entitlements acquired under the sickness and maternity insurance scheme shall drop if not requested within the period of five years following the date of the event giving the title.
 
The allowances and the pensions of the persons who fail to draw the allowances against temporary incapacity for work or any pensions, within five years, shall not be paid to the persons concerned.
 
 

Advance Payments
Article 100-
(Amended: 29.6.1978-Law No: 2167/Art.11)
Advance payments to be deducted from future payments shall be made to the persons insured or to the survivors about whom actions have started by the Institution for awarding a pension or for granting lump-sum payments and to those whose title for a pension or lump-sum payments has been established, in case of a delay in the actions, for every month delayed, in amounts not below the minimum rate of pensions and not above 75% of the lump-sum payment to be made.


Control Examination of Children
Article 101-
(Amended: 20.3.1985-Law No: 3168/Art.5)
Children who have been awarded pensions, under this Act, because of being invalid to the extent of being unable to work, and the disabled children of an insured person who has been awarded an invalidity or old-age pension may be required to submit to control examination by the Institution.

Awarded pensions may, according to the state of invalidity to be determined as a result of the control examination, be reduced or suppressed if necessary, as from the beginning of the month following the date of the report.

If without an acceptable excuse, the control examination has not been undergone by the beginning of the month following the date specified in the notification from the Institution, pensions awarded or increased because of the children being disabled to the extent of being unable to work, shall be reduced or suppressed as from the beginning of the month following the date fixed to the control examination.

If, however, the control examination is made within three months follow the date specified in the notification from the Institution and it is determined that the state of invalidity continues, pensions which had been reduced or suppressed shall be paid as from the date on which they were reduced or suppressed.

If the re-examination is made after three months have elapsed since the date specified in the notification from the Institution, pensions, which were reduced or suppressed, shall be paid as from the beginning of the month following the date of the report.


Travel Costs and Essential Expenses
Article 102-
(Amended: 29.6.1978-Law No: 2167/Art.12)
If the insured persons, their survivors and the persons indicated in Article 35, 36, 40 and 42 are sent by the Institution to another locality under this Law:



a) for medical examination and treatment;

b) for supply, fitting, repair and replacement of prosthesis and orthopaedic devices, and appliances;

c) for maternity care;

d) for determining the state of permanent incapacity for work or invalidity;

e) for the determination of a condition of premature old-age;

f) for the determination of the state of health;

g) for a Supplement medical examination if the original report was not considered adequate by the Institution;

h) for a control examination.

The round trip travel and other essential expenses of the referenced person and of the persons who must accompany them because of their state of health as certified by a medical report as well as of the persons who would accompany the children up to (and including) the age of 15, shall be paid by the Institution according to a tariff to be approved by the Institution. If the persons concerned are sent for medical examination by the Institution following their request or on the basis of an objection raised by them, the Institution shall pay the round trip costs and the essential expenses of persons concerned, as well as the expenses of persons who accompanied them if only their requests are proved to be justified.

In the above circumstances the Institution shall not charge the persons concerned for medical examination and observations conducted either at the place where they reside or at the place where they are required to report for such examinations.


Funeral Expenses
Article 103-
An allowance for funeral expenses to be calculated by multiplying the indices number 5000by the pension coefficient of the public employees which is in force on the date of the death, shall be paid to the family of an insured person who dies as a result of an work accident or an occupational disease or of an insured person who dies while he was in employment or drawing an invalidity or old-age pensions or who dies before one year has elapsed after he left his covered employment.

If the funeral is arranged by real or juridical persons, the expenses made and evidenced by vouchers and not exceeding the tariff fixed by the Council of Ministers shall been paid to the said persons. If, however, the expenses incurred are less than the said amount the surplus shall be pay to the family of the deceased person.

If the death was caused by a work accident or occupational disease, this funeral expense shall be paid from the fund of that branch of insurance, if the death was caused by some other factor the expenses shall be paid out of the survivors' insurance fund.
(Amended by Decision of the Council of Ministers, 86/11065 on 11.7.1996 and 1996/8353-Art.2)


Periods not taken into account for Short-term Insurance Branches
Article 104-
A) Periods of service completed in the armed forces by the insured person who has been called for his military service, for any reason whatsoever;

B) Periods of detention which was not followed by a conviction;

C) Periods of incapacity for work of an insured person, who has been paid a benefit for temporary incapacity for work under insurance against work accidents and occupational diseases, sickness, maternity insurance,

D) (Supplement 29.7.2003, Law No: 4958/Art44. E.D.:06.8.2003) Time passing during the event of insured being involved in strike or employer performing lockout,

(Amended: 29.7.2003, Law No: 4958/Art44. E.D.:06.8.2003) It isn’t included in working times mentioned in 32nd, 35th, 37th, 48th, 49th, and 51st Articles of this Law, but also not taken into consideration for the calculation of the year or 15 months before the invalidity for service begins, sickness diagnosed or delivery occurred.


Periods not taken into account for Long-term Insurance Branches
Article 105-
For the purposes invalidity, old-age and survivors' insurance, it is necessary to award a pension to the insured persons whose invalidity or old-age pensions have been suppressed, or in the case of death of their survivors, the periods during which an invalidity or old-age pension has been paid shall not be taken into account for the calculation of the average annual earnings and of the number, of days in respect of which contributions have been paid.


Dependent of the insured person
Article 106-
For the purposes of this Act, the dependants of the insured person are:
   a) (Amended: 29.7.2003, Law No: 4958/Art.45. E.D.:06.8.2003) Spouse who do not work being subjected to other social security institutions or not receiving any income or pension, 
   
b) (Amended: 29.4.1986, Law No: 3279/Art.6) his children who have not completed the age of 18, or if receiving secondary education the age of 20, or if receiving higher education the age of 25, or his sons who have completed the age of 18 but are disabled to the extent of being unable to work, and his unmarried daughters of whatever age who are not employed under insurance coverage or who are not in receipt of any pension from any social insurance institution.
   
c) his father and mother to be substantiated by documentary evidence they are his dependants.

Adopted children, acknowledged children, legitimised children or recognised children by court decision prior to the date on which the insured person became entitled to cash benefits for temporary incapacity for work shall also be covered by subparagraph (b).


The Lose of Insured Status
Article 107-
(Amended: 23.10.1969-Law No: 1186/Art.18)
The insured status of persons referred to in Article 2 shall be considered to be terminated for the purposes of sickness and maternity insurance as from the tenth day following the last day for which contributions were paid.

If, however, the insured person was on leave without pay or took part in the strike, or a lockout was declared by the employer, the insured status shall be considered to be terminated as from the tenth day following the day on which the period of leave without pay, the strike or lockout was terminated.


Duration of Insured Status
Article 108-
The date of commencement of insurance status to be taken into consideration for the purposes of invalidity, old-age and survivors' insurance shall be the date on which the insured person entered into employment for the first time subject to repealed Acts 5417 and 6900 or subject to this Law.

The period of insured status to be taken into consideration for pension purposes shall be the period between the date of commencement of that period and the date on which the insured person submits a written claim for pension or, if he has not submitted a claim for pension, the date of his death. (See to Supp.Art.5, 6, and30)

 
Medical Reports
Article 109-
For the purpose of this Act, the diseases and infirmities indicated in the report issued by the medical board of the health establishments administered by the Institution shall be taken as a basis for the determination of:

A) the state of permanent incapacity for work invalidity or premature old-age of the insured,

B) the state of invalidity of the survivors.
Persons concerned whose reports have not been deemed satisfactory may be required by the Institution to undergo a re-examination.

The report issued following the latest medical examination shall be taken as the basis for the determination of the status of the person concerned.
If the person concerned objects to the decision made by the Institution on the basis of the medical reports referred to above, the matter shall be settled by the Social Insurance Supreme Health Board.



Criminal intent and blameworthy of Insured Person
Article 110-
(Amended: 29.7.2003, Law No: 4958/Art.46. E.D.:06.8.2003)

Insured who suffers a work accident, an occupational disease or sickness after an intentional act, is not allotted with temporary invalidity pension. Only required health benefit is supplied.

Temporary and permanent invalidity pension to be paid to the insured who suffers  a work accident, an occupational disease or sickness after a blameworthy act, can only be paid after levelling down that fault that causes that blameworthy act to half of it.


Inexcusable fault of insured
Article 111-
The cash benefit for temporary incapacity for work or a pension for permanent incapacity for work to be paid to an insured person who sustains an work accident or contracts an occupational disease or falls ill through inexcusable negligence may be reduced up to one half by the Institution according to the degree of negligence.

The intentional performance of an act by the insured person which is known to be dangerous or exposing him to the risk of contracting a disease, or is contrary to the orders of the competent authorities, or does not clearly depend on a permission, that is, the intentional performance of an act not having any useful or necessary purpose or to neglect intentionally to do an act which is necessary to be done, shall be taken as a basis for the determination of the inexcusable of the negligence.
 
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Re: Social Insurance Act - Turkish Law No.506
« Reply #3 on: June 19, 2007, 06:20:24 PM »
CHAPTER XI

MISCELLANEOUS PROVISIONS

Covered People by Acts Pension Funds
Article 112-
The provisions of this Act respecting maternity insurance shall be applied to the persons covered by the legislation concerning the Ordnance Factories Pension and Mutual Benefit Fund by the said Fund.

Benefits to be provided by the Ordnance Factories Pension and Mutual Benefit Fund and Pension Fund covering the workers of the General Management of 5tate Railways in the case of work accidents, occupational diseases and maternity for persons who covered by the legislation applied by the said Funds, shall not be less than the amount of benefits and payment referred to this Law.


Miners
Article 113-
In event of work accident or occupational disease of miners, this Act shall apply, instead of provisions of Law No: 151, dated 10.9.1337 about the allowances for miner persons or their dependant persons


Provisions concerning the Acts 151 and 1593
Article 114-
In the localities where the provisions of this Act respecting sickness insurance are applied, the provisions of Article 6 of Act 151 concerning the Rights of Miners of the Eregli Basin and those of Article 180 of Act 1593 concerning Public Hygiene shall not be applied as regards the treatment of insured persons who fall ill.

However, with the exception of the provisions concerning the treatment of workers who fall ill, the provisions of Article 180 of Act of Public Hygiene 1593 respecting the control of health conditions of workers, the employment of doctors in workplaces, the procurement of separate rooms for patients, the supply of first aid equipment and other things shall not be affected. If the doctor employed by the employer is engaged by the Institution for the purpose of medical examination, treatment and first aid which are the responsibility of the Institution, the relevant fees and the cost of first-aid supplies shall be paid by the Institution.


Request for Information from Public Prosecutor
Article 115-
The Institution may request the public prosecutor to supply information concerning the result of investigations carried out in connection with the insurance events referred to in this Act.




Notification and Appeals
Article 116-
The Institution shall calculate and fix the amount of pensions to be awarded and the lump-sum payments to be made as soon as the certificates required for awarding pensions and making lump-sum payments under the invalidity, 0ld-age and survivors' insurance and shall notify the persons concerned of the same in writing within three months at the latest.

Insured persons and their survivors may appeal against the decision of the Institution in the competent courts within one year from the date on which they receive notification of the decision.

The initiation of an appeal shall not suspend the application of the decision.


Informing the Insured about Doctors and Health Facilities
Article 117-
The Institution shall communicate to employers the names and addresses of health establishments, doctors and midwives to which the insured persons, their spouses and children may apply for medical examination and treatment. The employers shall communicate this information to the insured persons.

Patients are free to choose any one of the listed doctors for medical examination and treatment.

However, the doctor who started the treatment may be changed, other doctors may be called in as consultants and the insured person, his spouse and children may be admitted into a health establishment by decision of the Institution either as a matter of necessary or following the recommendation of the doctor in attendance.

The insured person shall be admitted into a health establishment if the state of his health so demands and if his confinement in a health establishment is required by the Public Hygiene Law.


Treatment to be carried out by Institution’s Doctors   
Article 118-
(Amended: 16.7.1965-Law No: 672/Art.1)
Persons entitled to medical and maternity benefits shall apply, with the certificates to be prescribed by the Institution, to the health establishments of the Institution or to the doctors employed by the Institution in order to be examined and treated by them.
Second and third paragraphs: (Repealed: 29.6.1978-Law No:2162/Art.13)   
 

Objection to Insurance Records
Article 119-
Objections concerning the individual accounts of the insured persons shall be addressed in writing to the Institution.

Such objections shall not be accepted after a period of three years has elapsed as from:
A) the calendar year in which the insured person was employed, where the individual accounts are prepared and submitted by the employer;

B) the date on which the individual accounts have been received by the insured person where such accounts are prepared and delivered by the Institution.


Age
Article 120-
For the purposes of calculating pensions to be awarded to survivors and lump-sum payments to be made to insured persons in the case of work accidents and occupational diseases, the date of birth as appearing in the books of the Registration Office on the date the employment accident was sustained or on the date the occupational disease was first diagnosed by a medical report shall be taken as a basis.
In the application of the provisions concerning the date of birth in matters involving invalidity, old-age and survivors' insurance, the date of birth of the insured person and his dependent children appearing in the Registry for the first time as an insured persons under the repealed Acts 5417 and 6900 or this Act, and the dates of birth of the children who were born after the insured person was employed, the dates of birth entered for the first time into the books of the Registration Office, shall be taken as the basis.

The persons for whom days and months of birth are not indicated in the books of the Registration Office are deemed to be born on the first day of July, and if the month of birth only is indicated without the day on the first day of the month in question.

Collection of Wrong and Inappropriate Payments Which Insurance Benefits could not be Sequestrated: (Amended: 06.8.2003-Law No: 4958/Art47. E.D.:06.8.2003)


Article 121-
With the exception of debts in connection with alimony, pensions awarded and benefits provided under this Act, shall not be attached, transferred or put into the possession of another person.

(Supplement;  29.7.2003-Law No: 4958/Art.47. E.D.:06.8.2003) However, every kind of income, pension and insurance benefits that are understood to be paid wrongly and inappropriately are taken back by separating from all remunerations on condition that last paragraph of 84th article is legally guaranteed. For the Institution, the right to pursuit is legally guaranteed according to general sentences. 


Rehabilitation
Article 122-
Where it is expected that the working capacity of an insured person who is drawing a pension for permanent incapacity for work or an invalidity pension is capable of being improved, such person may be retrained by the Institution by occupational rehabilitation in order to enable him to work at his previous occupation or enter a new occupation.

If the insured person refuses to follow occupational rehabilitation courses in spite of the written notification of the Institution, one half of the pension for permanent incapacity for work or of invalidity, pension shall be suspended as from the beginning of the month following the date indicated in the notification until the time he submits to such training.

Authorization for Establishing Health Facilities and Contracting
Article 123-
The Institution shall be authorised to found and operate, Hospitals sanatorium, prevantarium, dispensaries with and without beds, health stations, pharmacies and similar establishments and to conclude agreements with hospitals, pharmacies, doctors, chemists and midwives and other real and juridical persons in any locality deemed necessary in order to fulfil the obligations incumbent on it under this Act and to provide medical benefits. (See to Supp.Art.11) 

The Institution may open and operate pharmacies in all health establishments with and without beds, if it deems it necessary.

The Institution may keep its own supplies of medicines in order to fulfil the obligations incumbent on it and to provide medical benefits.

The Institution may also found medicine factories.

The Institution may conclude a contract with one or several private pharmacies, whenever and wherever it deems necessary.

Pharmacies owned and administered by the Institution shall not supply medicines and medical supplies to persons other than those entitled to receive medical benefits provided by the Institution and to staff members of the Institution. Medicines and medical supplies may, however, be sold to the general public against the payment of the cost where there is no private pharmacy or where no life-saving medicines or supplies are available in private pharmacies.

(7th, 8th, 9th and 10th paragraphs has been Annulled by 29.6.1978-Law No: 2167/14 Supp.Art.18)
 
(Supplement: Supp.Art.18 provided by 29.6.1978-2167/Art.14) A Board composed of the physicians and pharmacists attached to the Institution whenever necessary shall draw up the list of medicines and medical supplies to prescribe by doctors attached to the Institution.

(Supplement: Supp.Art.18 provided by 29.6.1978-2167/Art.14) This list shall be published upon the approval of the Board of Directors of the Institution.

(Supplement: Supp.Art.18 provided by 29.6.1978-2167/Art.14) The Board may consult outside specialists, when necessary.


Preventive Measures
Article 124-
The Institution may, at any time, require an insured person to submit to a re-examination in order to ascertain his state of health and also to take all necessary measures required for preventive medical purposes.
Reports of Institution’s Doctors
Article 125-
The reports issued by the doctors attached to the Institution for social insurance purposes shall have the same effect as reports issued by doctors attached to workplaces.


Exemption from Taxes, Revenues and Stamp Duty
Article 126-
No taxes, revenues or stamp duties shall be collected for the formalities made by the Institution nor for the certificates and documents and for copies thereof to be delivered to or received from the persons concerned in connection with these formalities.


No Deduction from Wagers
Article 127-
The employer shall not be allowed to make deductions from the wages of the insured persons on account of charges and other expenses incumbent on him in connection with social insurance.


Assistance Funds
Article 128-
Credit, mutual benefit, assistance, and similar funds organised or to be organised under other names for any business and in any workplace employing insured persons may continue such activities and provide benefits for the persons concerned according to their stated aims and objects.

That fact that the employers provide financial assistance to these funds or assume part of their costs shall not prevent them from fulfilling the social insurance obligations incumbent on them.


Social Insurance Supreme Health Board
Article 129-
(Amended: 29.7.2003-Law No: 4958/Art.48. E.D.:06.8.2003)

In order to carry out the duties written in this Law, Social Insurance Supreme Health Board is established, consisting of: one psychiatry, one public health and one chest diseases professor to be chosen primarily by the faculties of medicine in Ankara, one internal medicine an done neurosurgery specialist to be assigned by Ministry of Labor and Social Security, one medical doctor experienced in invalidity procedures an done orthopaedist to be assigned by Social Insurance Institution, one cardiology specialist to be chosen by the employer organization whose number of members is the most and one neurology specialist to be chosen by the worker organization whose number of members is the most. Furthermore, members are chosen to the board same amount as the members.

Senior professor leads the Board. Service period for the assigned doctors is 3 years and they can be reassigned. In one calendar year, assignment of the ones who do not attend 5 consequent or totally 10 meetings is terminated. Replaced doctor is assigned by the same duty in order to complete the service period. Meeting wage to be calculated by indicator number 4000 and civil servant salary coefficient is paid to the participants of Social Insurance Supreme Health Board for every meeting they join. All expenses regarding the work of the Board is covered by the Institution. The Board can apply for a specialist’s opinion in cases where it sees necessary.       

The Board, under the scope of investigation and examination run by Social Insurance Institution Presidency Board of Inspection, declares its opinion following the request from Presidency of Board of Inspection after performing required investigations as a consultative authority in subjects requiring occupational knowledge and experience excluding the ones under the scope of Supreme Health Council depending upon Ministry of Health.

The Board declares its opinion after necessary examinations on lawsuits which pass from courts and require expertise to be limited by the jurisdictions originating from the implementation of this Law. Aforesaid courts send the fee for expertise which is determined by Ministry of Justice to the relevant unit of the Institution to be delivered to the members of the Board.

Duties, authority, working principles and procedures of Social Insurance Supreme Health Board is organized by regulations.
 

Authority for inspection, control and supervision 
Article 130-
(Amended: 25.8.1999-Law No: 4447/Art.14. E.D.:08.9.1999)

The insurance inspectors have the inspection, control and supervision authorities stated in the Labour Act, regarding the implementation of this Act.

(Supplement: dated 29.07.2003-Law No.4958/Art. 57. E.D.:06.8.2003) In the event of the Institution detecting understatement of number of required insured workers, working times and amount of insurable earnings, the insurance examiner detects the minimum workmanship required to operate the work, according to the characteristics of the work done, utilized technology within, size of the enterprise, 0number of workers employed in similar enterprises and opinion of relevant occupational or public organizations.

The event that causes the arrear and relevant procedures that are detected by the insurance examiner during their duty can be proved by all types of evidence but oath.

Official reports arranged by the inspecting, controlling and supervising authorities are valid until the opposite is proven.

Employers, insured and relevant Institution staff is obliged to come, show and give required documents and evidences when they are asked to supply the inspectors with information, and maintain any convenience for the inspectors to fulfill their duties and fulfil the inspectors’ request as soon as possible.

All public officials maintain convenience and assist insurance examiners during their duties.

The Institution can assign insurance time clerks to examine, research, detect and inspect the business enterprises about their current state, if they’re active or not, if insured are employed or not, if so, who are, for how long and how much employed and also with some other duties like registering the issues above to an official report, address, estate and meriting health benefits etc.

In giving employers of awarded jobs and private building construction a severance certificate showing that they’ve no debts regarding contributions, the appropriateness of sum of workmanship to be detected by self-employed financial consultants or certified financial consultants authorized by the Law No.3568 dated 01.06.1989 can be guaranteeing Institution’s authority of supervision. Insofar, for the employers and business enterprises which are detected to be underreporting workmanship by the report arranged by self-employed financial consultants or certified financial consultants regarding calculation methods which their procedures and principles are determined by the Institution, can be supplied with a severance certificate if they pay the contribution, overdue interest and administrative fine to be calculated according to subparagraphs (b) and (c) of the first paragraph of the 140th article of this Law. Reports prepared by employees who are detected to give damage to the Institution by acting against the principles and procedures defined by the Institution are not taken into consideration and their further reports are never processed by the Institution. Institution’s right to pursuit against employees preparing untrue reports is legally guaranteed. Principles and procedures regarding the implementation of this paragraph is defined by the regulation to be prepared by the Institution.

The officials, assigned up on the decision of the Board of Management of the Institution, can carry out inspections and determinations at the workplaces regarding the procedures related with the insured persons. Their qualities and principles of assignment shall be arranged by the regulations that will enter into force within six months.  (This paragraph has been annulled by Law No:4958/art.57 dated of 29.7.2003)

The supervising personnel of the offices included in the general budget and the administrations with added budgets have to determine whether the employees are insured or not during all the inspections and examinations that they carry out at the workplaces under their own legislation and they have to notify the Institution of the uninsured employees. The Institution shall carry out the relevant legal proceedings on these notifications. The right of objection of the relevant person shall be reserved. The rules and principles of the implementation shall be arranged by the regulations that will enter into force within six months.


Aggregation of Periods of Insurance
Article 131-
The provisions of this Act shall apply in lieu of Act 228 dated 05 January 1961 respecting invalidity, old-age and survivors' insurance.


Notification
Article 132-
The provisions of Act 7201 concerning notification shall apply to notifications made in accordance with the provisions of this Act.




Private Insurances
Article 133-
The provisions concerning private insurance shall not apply to social insurance.


Settlement of Disputes   
Article 134-
Disputes arising as to the application of this Act shall be examined by the competent labour courts or by the courts entrusted with the examination of such litigation.


Regulations and Rules 
Article 135-
A) The following matters shall be determined by Regulations to be drawn up jointly by the Institution:
 
a) the reduction in the degree of earning capacity caused by permanent incapacity for work resulting from work accident and occupational diseases;

b) the circumstances in which insured persons shall be considered to have lost at least two-thirds of their working capacity and those in which they are deemed to be needing the permanent attendance of another person.;

c) the procedures and rules for obtaining rehabilitation and the method of application of Article 122;
d) the circumstances in which insured persons shall be considered to have aged prematurely;

e) the duties, rules and procedures of operation of the Social Insurance Supreme Health Board set up by Article 129, which are concerned with the application of this Act but are not include among those provided for in this Law.;

f) the disease to be considered as occupational diseases and the maximum period allowed to elapse between the date on which the insured person leaves his employment and the date on which the disease manifests itself in order that the disease shall be attributable to the said employment.

(Amended: 29.7.2003-Law No: 4958/Art.50. E.D.:06.8.2003)

B) The following matters shall be determined by a Regulation to be drawn up by the Institution;

a) the nature, rules and procedures and the time of delivery of the certificates indicating the total earning of the insured person, the number of days for which contributions have been paid and the amount of contributions, and of the individual accounts;

b) the methods and rules according to which the total earning to be taken as a basis for the calculation of contributions shall be assessed by the Institution, the method of constituting the appeal committees, their working procedures and rules and the fees payable to the members;

c) the registration of insured persons, the records to be kept by the employers, the methods and rules to be observed by employers, and the method of payment of contributions collected from the insured persons covered by voluntary insurance;

d) the time schedule for payment of pensions;

e) application of the provisions, of this Act to persons employed in land, sea and air transport and to those to whom the provisions of Article 7 apply to their employers by different methods and under the conditions required by the nature of the work;

f) the method of application of the provisions of last paragraph of Article 8 concerning transfers;

g) the mode of application of the provisions of Article 118;

h) the rules and methods of application of this Act.


Name of the Institution
Article 136-
The name of the "İsçi Sigortaları Kurumu" (Workers' Insurance Institution), established by Act 4792 is hereby changed into "Sosyal Sigortalar Kurumu" (Social Insurance Institution).
 















CHAPTER XII

Appropriations and Technical Balance



Appropriations 
Article 137-
At the end of each financial year the following reserve funds shall be set aside from the contributions collected for work accidents, occupational diseases, sickness, maternity, invalidity, old-age and survivors insurances together with any other income obtained by the Institution during that year:
 
a)    Mathematical reserve;

b)    Appropriation for contributions paid;

c)     Other appropriations;'

d)    Extraordinary appropriation.
 
Mathematical appropriation is the total amount of the cash values required for the payment of pensions awarded under this Act.
 
Reserve for contributions paid is the difference between the value on the date of balance sheet of payments to be made in the future to the insured persons and to their survivors under invalidity, old-age and survivor' insurance and the cash value of the contributions to be collected under invalidity, old-age and survivors insurance in the subsequent years.
 
Extraordinary appropriation is a appropriation to be set aside at the end of each year for use in the event of the income for any financial year being insufficient to cover the expenditure of that year, and the amount to be set aside as appropriation for that year.
 
Any surplus remaining over at the end of a financial year, after deducting the mathematical appropriations, appropriations for contributions paid, amounts paid out as benefits and other appropriations from the income for that year, shall be set aside as extraordinary appropriation.
 

Borrowing between Insurance Branches   
Article 138-
In order to meet the benefit payments and the administrative expenses required by any insurance fund, the Institution may draw on the funds of another insurance branch, provided that the settlement of accounts subsequently is made.
 





Technical Balance Sheet 
Article 139-
The financial structure of social insurance branches and the situation of pensions awarded shall be examined by the Institution once in every five years and more frequently, if deemed necessary, in the light of living standards and of changes occurring in the general level of the wages of the pensions awarded, and the result shall be communicated to the Ministry of Labour and Social Security by a report calling for such action as may be deemed appropriate.
 

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Re: Social Insurance Act - Turkish Law No.506
« Reply #4 on: June 19, 2007, 06:22:40 PM »
CHAPTER XIII


PENALTY PROVISIONS

Administrative fines to be applied by the Institution
Article 140-
(Amended: 29.7.2003-Law No: 4958/Art.51. E.D.:06.8.2003)

Institution, by stating the basis, can apply administrative fines in the amounts stated below to the ones who;   

a) Do not supply the Institution with the notice mentioned in the 8th article of this Law,
1 – In an amount of total minimum wage of 3 months to the ones responsible for keeping records on balance basis, 

2 – In an amount of total minimum wage of 2 months to the ones responsible for keeping other records,

3 – In an amount of total minimum wage of one month to the ones who not responsible for keeping records,

b) Do not supply the Institution with the notice mentioned in the 9th article of this Law, at an amount of one minimum wage for every insured, doubling the minimum fee in case undeclared insured having no permit for working;
 
c) Do not supply the Institution with the notice mentioned in the first paragraph of  79th article of this Law, in time mentioned in the aforesaid paragraph, not exceeding 3 monthly minimum wage, and;
       
1)   1/5 of minimum wage for every registered insured worker in case the document is original,
2)   1/8 of minimum wage not taking the number of insured workers into consideration if the document is an additional one,
3)   3 times of the minimum wage for every month, not taking the number of insured workers into consideration, for the ones who do not supply any document,
 
d) Do not fulfil the responsibility of declaring records and documents in fifteen days without any force majeure despite the written notice sent by the Institution;

1.   In an amount of total minimum wage of 12 months to the ones responsible for keeping records on balance basis,

2.   In an amount of total minimum wage of 6 months to the ones responsible for keeping other records, 

      3. In an amount of total minimum wage of 3 months to the ones who are not responsible for keeping records, 
         
Do declare records and documents within the mentioned period in this subparagraph but not arranging them appropriately, for every state of invalidity, not exceeding the amounts applied in the event of not declaring, at an amount of half of the minimum wage,

e) Do not fulfil the responsibilities in time mentioned in the 4th paragraph of the 79th article of this Law, at an amount of 2 monthly minimum wages,

f) Do not fulfil the responsibilities mentioned in the 90th article of this Law in 3 days despite the written notice, at an amount of one monthly minimum wage,   


Implementation of this article’s provisions do not invalidate the responsibility of supplying the Institution with the documents mentioned in 8th, 9th, and 79th articles of this Law. 

In implementation of this article, according to the 39th article of the Labour Law No.4857 and dated 10.06.2003, minimum wage applied for industrial workers older than 16 years of age is based on the date the act is performed.

Administrative fines accrue from the notification on and paid to the Institution in 15 days following the notification or any objections can be made of the relevant unit of the Institution during the same time. Objection stops the pursuit.

Ones whose objections are rejected by the Institution can apply to Administrative Court in 60 days following the notification. Application to court does not stop the pursuit and collection of the fine. Administrative fines which are not paid to the Institution in 15 days following the notification are collected with the overdue interest to be calculated according to the provision of the 80th article of this Law.

Administrative fines which are notified in five years from the day the act is performed become invalid.


SUPPLEMENTARY ARTICLES
 
SUPPLEMENTARY ARTICLE 1- (This is the provision of the Article 3 of the Act No.899 dated 13.7.1967 and it has been changed as a Supplementary Article and numerated accordingly)

To the female insured stopping working after marrying, their employer pays the half of the invalidity, old age and survivors contributions paid according to the Laws No.5417, 6900 and 506 in lump sum.   

Female insured quitting in one year following marriage or getting married in one year from the quitting on, count as quitting because of marrying.

The ones starting to work in a job subjected to Law No.506 from the female insured who have benefited from the Total payment because of getting married, their previous service can only be taken into consideration by the Institution if they return the contributions with 5% interest to the Social Insurance Institution. For the ones not returning the contributions, insurance coverage starts from the beginning in the jobs they start working which are subjected to Law No.506.   
SUPPLEMENTARY ARTICLE 2- (This is the provision of the Article 1 added by the Article 7 of the Act No.1912 dated 16.6.1975 and has been given a relevant Article number for the order. Annulment: 29.6.1978-Law No: 2167/art.15)


Examination Fees
SUPPLEMENTARY ARTICLE 3- (This is the provision of the Article 2 added by the Article 7 of the Act No.1912 dated 16/6/1975 and has been given a relevant Article number for the order. Amended: 06/3/1981-2422/Art.15)

By the proposal of Ministry of Social Security and after the decision of Council of Ministers according to the 35th, 36th, 40th and 42nd articles of Law No.506, an examination fee to be no less than 20 TL. is taken for every single policlinic examination from the ones who are to benefit from health benefits. (*)

Insofar, no fees are charged from other policlinic examinations recommended by the doctor. 

(Supplement: 29.7.2003-Law No. 4958/Art.52. E.D.:06.8.2003) The persons those are benefited from the health services provided by the Institution in its own health establishments outside of working hours of the institution - excluding emergency health services - in accordance with Articles 32, 35, 36, 40 and 42 of this Law, shall pay contribution share for only examinations and operations at the rates to be determined by Council of Ministers upon proposal of Ministry of Social Security, provided that these rates shall not exceed 25% of the prices determined by  Instruction of Budgetary Practice announced by the Ministry of Finance every year with regard to the treatment assistance (Supplement: 28.01.2004- Law No.5073/Art.12. E.D.01.02.2004).


(*) Examination fee in this paragraph is determined as the amount which is the result of indicator number and civil servant salary coefficient from 01.10.1992 on (20) by the Decision of Council of Ministers’ No. 92/3337 and dated 06.08.1992.


SUPPLEMENTARY ARTICLE 4- (This is the provision of the Supplementary Article 3 inserted by the Article 7 of the Act No.1912 dated 16.6.1975 and was numerated accordingly)
The Revisions shall continue to be paid under the principles in Act 506 to the pensioners to whom pensions were awarded by the State Railways Retirement Fund and the Military Factories Retirement and Providence Funds before the date of 01.8.1968 to whom pensions were awarded under paragraph (1) of the Transitional Article 1 of Act 991 and to whom pensions were suppressed in compliance with Article 5 of the repealed Act 2904 and with Article 17 of Act 3575.

The actual employments completed before the date of 01.8.1968 in compliance with the Laws governing the State Railways and The Military Factories Retirement Funds of the persons covered under the first paragraph who have not received their premiums deducted shall be treated as periods completed under the Social Insurance Institution.


SUPPLEMENTARY ARTICLES 5- (This is the provision of the Supplementary Article 1 inserted by the Article 1 of the Act No.2098 dated 11.8.1977 and numerated accordingly.)
 
To the insurance coverage period of the insured according to Law No.506, insurance periods during the duties described below are added for every completed year;
Persons Insured   Workplaces   Periods to be added
I.A) Insured person who employed under the Law which explained to relations in press business due to 5953Act. that amended by Law No:212    Covered person under the Article 1 of Law No.212 which has amended to Law No:5953   90 days
B) Employment insured person who have got Press Card in according to Rules of Press Card, and enter to public organizations in this way, working to their jobs.   Press Consultants   90 days
II. (Amended: 20.6.1977,Law No.3395/Art.13) Insured person who employing in print and journalism due to  changes of Law No:1475   a)Workplace where working with gaseous and other dangerous materials which engaged to body by reparation and skin;b) Workplace where machinery and equipment making much noise and vibration are employed; c) Workplace where workers are directly exposed to high temperature;d) Workplace where muscles have to be used excessively and continually;e) Workplace where there is no natural light and work is exclusively carried out under the artificial light;f) Workplace where more than the half of daily work is performed after 20:00pm.   90 days
III.(Supplement: 20.6.1987-Law No:3395/Art.13) Crewmen, stoker, coal dealer, divers.   in sea   90 days
IV. (Supplement: 20.6.1987-Law No:3395/Art.13)Working in industries of nitrogenous fertilizer and sugar, and in buildings of factory, workshops, pool, storage and transformer.    1.Steel,Iron and Bronze and Foundry;2. necessary to gas masks in workplaces where working by dangerous, stifling, burning, mortal and explosive gas, acid and paint;3.Production of explosive;4. Welding.   90 days
 
A full year shall bee taken as 360 days in the calculation of fractions. In calculating the nominal number of days of employment to be added to the days of actual employment the formula of "days of employment x 0,25" shall apply.


SUPPLEMENTARY ARTICLE 6- (This is the provision of the Supplementary Article 2, insured by the Article 1 of the Act No.2098, dated 11/8/1977 and was numerated accordingly)

Insured who spent at least 3600 days of their working subjected to invalidity, old age and death insurance in jobs described in Supplement article No.1, benefit from provisions pertaining to nominal service period in Supplement article No.1 (Supp.Art..5 above) 
 

SUPPLEMENTARY ARTICLE 7- (This is the provision of the Supplementary Article 3, insured by the Article 1 of the Act No.2098, dated 11/8/1977 and was numerated accordingly. Amended: 6/3/1981-2422/Art.16)

Contribution rate for invalidity, old age and death insurance is 22% for the insured working in heavy, wearing and poisoning jobs at the enterprises subjected to this Law. 9% of it is insured’s share and 13% is employer’s share.

 
SUPPLEMENTARY ARTICLE 8- (This is the provision of the Supplementary Article unnumbered, insured by the Article 2 of the Act No.2099, dated 11/8/1977 and was numerated accordingly)

Persons drawing pensions against permanent incapacity for work, invalidity and old-age under Act 506 shall be provided the benefits indicated in paragraph (B) of Article 32 of this Act, subject to the principles stipulated in Article 34.
 

SUPPLEMENTARY ARTICLE 9- (This is the provision of the Article 2 of the Act No.2100, dated 11.8.1977 and it has been changed into the supplementary Article and numerated accordingly)

The implementation implied in the revisions made in sub-paragraphs (A) and (D) of paragraph I of Article 3 shall be arranged by the Ministry of Labour and Social Security within one year in the Regulations to be prepared.
 
Actions shall bee carried out in accordance with the circular letter to bee issued by the Ministry of Labour and Social Security, until the Regulations enter into force.


SUPPLEMENTARY ARTICLE 10- (This is the provision of the Supplementary Article 1, insured by the Article 14 of the Act No.2167, dated 29/6/1978 and was numerated accordingly)

All of the persons employed by one or more employers as film stars, theatrical and show actors and actresses, stage stars, singers and instrument players and those engaged in all branches of fine arts including music, painting, sculpture, decorative and the similar arts, thinkers and writers shall be subject to be provisions of the present Act.
 
The Ministry of Labour and Social Security and Ministries of Culture and Tourism and Information shall jointly determine who will be taken into the scope of the fields of occupations indicated in the above paragraph, after obtaining the views of the other ministries, institutions and agencies concerned.

 
SUPPLEMENTARY ARTICLE 11- (This provision of the Supplementary Article 2, inserted by the Article 14 of the Act No.2167, dated 29/6/1978 and was numerated accordingly)

The Institution shall establish and operate infirmities and hospitals for the aged.
 
The establishment of infirmities and, hospitals for the aged and their operation, the services to be given to the persons admitted to such institutions, the amounts of the fees to be charged and the methods of payments shall be determined in the regulations prepared by the Institution.
 

SUPPLEMENTARY ARTICLE 12- (This provision of the Supplementary Article 3, inserted by the Article 14 of the Act No.2167, dated 29/6/1978 and was numerated accordingly)

Girls receiving survivors pensions due to the death of a person insured shall be paid, as a marriage benefit, for only once amount equal to the pensions to be paid a period of two years.
 
No pensions shall again bee paid during those two years in case of a divorce or becoming a widow during that period.
 

SUPPLEMENTARY ARTICLE 13- (This provision of the Supplementary Article 4, inserted by the Article 14 of the Act No.2167, dated 29/6/1978 and was numerated accordingly)

Prostitutes covered under Act 1593, pertaining to Public Hygiene shall be subject to the provisions of the present Act.
 
The persons employing the above persons shall bee considered as employers under this Act.
Revival of the Employments Liquidated 
SUPPLEMENTARY ARTICLE 14- (This provision of the Supplementary Article 5, inserted by the Article 14 of the Act No.2167, dated 29/6/1978 and was bee numerated accordingly. Amended: 29/4/1986-3279/Art.8)

The persons whose employments have been liquidated through the refund of contributions and premiums paid in pursuance to the repealed Acts 2454, 3575, 5417 and 6900 and Act 506, and in pursuance to the supplements and revisions made to those acts and the persons whose employments have been liquidated through making lump-sum payments;
 
   a)    Who, worked again, in employments under the present Act or who paid contributions in pursuance to Article 85 or Article 86 of the present Act, and
   
   b)    Whose employments liquidated or to be liquidated would be sufficient to give title to the survivors for being awarded pensions under survivors insurance scheme when added to the employment periods completed under other social security institutions, established by law, if any, shall have such employment periods revived for the purpose of the application of the present Act if the persons concerned placing a written application pays to the Institution in one payment the total amount of contributions and premiums or the lump-sum payments, together with the legal interest to be calculated for the period between the date they were collected and the date of repayment.

The employment periods thus revived shall bee taken into account for     the aggregation of periods in pursuance to Act 2829.


SUPPLEMENTARY ARTICLE 15- (This provision of the Supplementary Article 6, inserted by the Article 14 of the Act No.2167, dated 29/6/1978 and was been numerated accordingly. Annulled: 29.7.2003-Law No: 4958/Art.57))


SUPPLEMENTARY ARTICLE 16- (This is the provision of the Supplementary Article 7, inserted by the Article 14 of the Act No.2167, dated 29/6/1978 and was numerated accordingly. Annulled: 06/3/1981-Law No: 2422/Art.20)

 
SUPPLEMENTARY ARTICLE 17- (This is the provision of the Supplementary Article 8, inserted by the Article 14 of the Act No.2167, dated 29/6/1978 and was numerated accordingly. Annulled: 06/3/1981-Law No: 2422/Art.20)
 

SUPPLEMENTARY ARTICLE 18- (This is the provision of the Supplementary Article 9, inserted by the Article 14 of the Act No.2167, dated 29/6/1978 and was numerated accordingly)
Paragraph 7th and the following paragraphs of Article 123 of Act 506, as amended by Act.1517, dated 07.2.1972 have been repealed and replaced by the following paragraphs.
 
The list of medicines and medical supplies which prescribed by doctors of institution due to basis of Rules of institution, whenever necessary shall be drawn up by a Board composed of the physicians and the pharmacists of institution.
 
This list shall bee published upon the approval of the Board of Directors of the Institution.
 
The Board may consult outside specialists, when necessary.
 
 
Advance Payments 
SUPPLEMENTARY ARTICLE 19- (This is the provisions of the Article 19 of the Law No.2422, dated 06.3.1981, and it has bee changed into the Supplementary Article and numerated accordingly. Annulled: 25.8.1999-Law No: 4447/67, E.D.: 01.01.2000)
 
The advance payments made to the persons receiving different kinds of pensions in accordance with the legislation applied by the funds turned over to the Institution in pursuance to Act 991 as well as to the persons drawing pensions under the work accidents, occupational diseases, invalidity, old-age and survivors insurance schemes, in accordance with the Decrees of the Council of Ministers dated 27.10.1977 No. 7/13987 and dated 7.11.1979 No. 7/18320 shall not be paid after the date of 1.3.1981 and the advance payments made and to be made up to that date shall not be paid back (with the exception of the payments made unduly).
 

Tables of Coefficients and Indices   
SUPPLEMENTARY ARTICLE 20- (This is the provision of the Supplementary Article 1, inserted by the Article 17 of the Act No.2422, dated 06/3/1981 and was numerated accordingly. Amended:20/6/1987-3395/Art.14.  Annulled: 25.8.1999-Law No: 4447/62. E.D.:01.01.2000)

According to this Law, in the calculation of incomes and pensions indicator system based on coefficient principle is utilized. 

The indicators are shown at indicator and higher indicator tables in ranks and levels.   

In the calculation of incomes and pensions allocated regarding Law No.506, coefficient for civil servants subjected to Law No.657 is applied.   



Indicator and higher indicator tables that would base the calculation of contributions to be collected, allowances to be paid and incomes and pensions to be allocated according to this Law are set by the Council of Ministers after the request of Ministry of Labour and Social Security.


Detection Tables for Indicators
SUPPLEMENTARY ARTICLE 21- (This is the provision of the Supplementary Article 2, inserted by the Article 17 of the Act No.2422, dated 06.3.1981 and was numerated accordingly, Annulled:20/6/1987-3395/Art.14. Annulled: 08.9.1999-Law No: 4447/Art.62. E.D.:01.01.2000)

“Detection tables for indicators "and “Detection tables for higher indicators" are prepared as described below in order to be utilized in the detection of indicator that would base the calculation of incomes and pensions.

A)   Detection tables for indicators:   

        a) In indicator setting table to be prepared for Work accidents and occupational diseases insurance, annual total of minimum daily insurable earning in the last calendar month that is included in the calculation of earnings founding the income of the insured constitutes the base figure, annual total of maximum daily earning to be calculated over the highest indicator at the indicator table of the same month constitutes the ceiling figure.   

        b) In indicator setting table to be prepared for invalidity, old age and death insurances, average of total of minimum daily insurable earnings for 5 years constitute the base figure, annual average of maximum daily earnings to be calculated over the highest indicator at the indicator table of the same years constitute the ceiling figure.

        c) In indicator setting table to be prepared for pensions to be allocated according to funds laws which is transferred to the Institution by the Law No.991, annual total of minimum insurable earning on the date that the earning to be taken into consideration for allocation constitutes the base figure and annual total of maximum daily earning to be calculated over the highest indicator at the indicator table of the same date constitutes the ceiling figure.   

        d) Base figure detected according to the paragraphs (a), (b), and (c) above, is taken as the equivalent of lowest number in indicator table and the ceiling figure is taken as the equivalent of the highest number in indicator table. The number of ranks excluding the rank for the lowest indicator divides the difference between ceiling figure and base figure. The number acquired by completing the dividend into a perfect number is added subsequently to the base figure from the indicator showing the lowest indicator on, each section opposing  an indicator, number for each indicator are calculated.

B) Detection tables for higher indicators:   

        a) In higher indicator setting table to be prepared for Work accidents and occupational diseases insurance, annual total of minimum daily insurable earning in the last calendar month that is included in the calculation of earnings founding the income of the insured constitutes the base figure, annual total of maximum daily earning to be calculated over the highest indicator at the indicator table of the same month constitutes the ceiling figure.

        b) In higher indicator setting table to be prepared for invalidity, old age and death insurances, average of total of daily insurable earnings for 5 years to be calculated over the highest indicator in indicator table for contribution calculation for 5 years before pension request or date of death constitute the base figure, annual average of maximum daily earnings to be calculated over the highest indicator at the indicator table of the same years constitute the ceiling figure.

        c) In higher indicator setting table to be prepared for pensions to be allocated according to funds laws which is transferred to the Institution by the Law No.991, annual total of daily earning to be calculated over the ceiling of indicator table which the contribution calculation is done on the date that the earning to be taken into consideration for allocation constitutes the base figure, annual total of maximum daily insurable earnings to be calculated on the base of the highest indicator in the higher indicator table constitutes the ceiling figure.   

        d) Ceiling figure detected according to the paragraphs (a), (b), and (c) above, is taken as the equivalent of highest indicator in the higher indicator table. The number of ranks divides the difference between ceiling figure and base figure. The number acquired by completing the dividend into a perfect number is added subsequently to the highest indicator in the indicator table; each section opposing an indicator, number for each indicator is calculated.

(Annulled: 08/9/1999-Law No.4447. E.D.: 01.01.2000)
 
 
Indices Determining   
SUPPLEMENTARY ARTICLE 22- (This is the provision of the Supplementary Article 3, inserted by the Article 17 of the Act No.2422, dated 06.3.1981 and was been numerated accordingly. Amended: 20/6/1987-Law No. 3395/Art.14. Annulled: 25.8.1999-Law No: 4447/62, E.D.: 01.01.2000)

The indices to be taken as a basis for the computation of the pensions to be awarded, shall be established by taking as a basis the following paragraphs, as the equivalents of the equal figures indicated in the Indices Determination Table, prepared and brought together in accordance with sub-paragraph (d) of paragraph (A) and (B) of the same Article, taking the nearest number as a basis, where these would not exist an equal number in the Table:
 
        a) Subparagraphs (a) of the paragraphs (A) and (B) of the Supplementary 2nd article of this Law, to the annual earning of the insured calculated according to the 88th article of the Law No.506, in Work accidents and Occupational Diseases insurance, (Supplementary Article2 has been changed as Supplement Article21)   

        b) Subparagraphs (b) of the paragraphs (A) and (B) of the Supplementary 2nd article of this Law, to the annual earning of the insured calculated according to the 55th , 61st, and 67th articles of the Law No.506, in Invalidity, Old Age and Survivors insurances,

       

   c) Sub-paragraph (c) of paragraphs (A) and (B) of the Supplementary Article 2 of this Act in respect of the annual amount of the earnings of the person insured, taken as a basis for the computation of the pension to be awarded to that person in accordance with the legislation applied by the Funds turned over to the Institution by Act 991.
 
 
Computation of Income and Pensions   
SUPPLEMENTARY ARTICLE 23- (This is the provision of the Supplementary Article 4, inserted by the Article 17 of the Act No.2422, dated 06.3.1981 and was been numerated accordingly. Annulled: 25.8.1999-Law No: 4447/Art.62. E.D.:01.01.2000)

The amount of the pension of the person insured shall be computed by multiplying the result obtained by multiplying the index established in accordance with the Supplementary Article 3 of this Act by the coefficient, by the rates taken as a basis for the computation of the pensions to be awarded.
 
In case of a change in the coefficient, the pensions shall change, accordingly by taking into account the new coefficient as from the date of entry into of that coefficient. (Supplementary Article 3 has been changed as Supplementary Article 22.)
 
 
Social Support Increment 
SUPPLEMENTARY ARTICLE 24- (This is the provision of the Supplementary Article 5, inserted by the Article 17 of the Act No.2422, dated 06.3.1981 and was been numerated accordingly)
 
   a)     (Amended: 16/10/1985 and D.L./251; accepted exactly; Law No. 3251/Art.1, dated 07/01/1986.)

An amount of 4.690.000-Turkish Liras shall monthly be paid, as social support increment to the persons drawing pensions under the legislation applied by the Funds turned over to the Institution in pursuance to Act 991, as well as to the persons receiving pensions under the work accidents and occupational diseases insurance schemes and the invalidity, old-age and survivors insurance schemes in accordance with the annexes and revisions made to Act 506.

(Amended: 16.02.1989-Law No: 3522/Art.1. Annulled: 25.8.1999-Law No: 4447/Art.15. E.D.: 01.01.2000) The Council of Ministers is authorized to determine rate of social benefit increase in different numbers according to rank and levels indicated in indicator, higher indicator and temporary indicator tables. (D.C.M.- It is detected as 1.225.000-Turkish Liras for the year 1993 months 07,08,09 and  1.380.000 TL. For moths 10, 11, 12, this still is 4.690.000. TL) 

(Number “12.919” in the ex-text has been changed to 4.690.000 by the Law No.4447. Valid from 08.09.999 on) 
   

These payments are doing based on the files that enable incomes and pensions to be paid from the Institution.
 
   b)Social support increment shall be paid to the persons receiving income against permanent incapacity for work under the work accidents and occupational diseases insurance schemes, at a rate corresponding to the rate of incapacity for work taken as a basis for the awarding of the incomes.

   c) The rate of the social support increment to be paid to the persons receiving pro-rata income or pensions in accordance with the social security conventions concluded with foreign countries shall be determined according to the proportion between the contribution period under the Turkish legislation and the total contribution period taken into account in compliance with the Social Security Convention.

   d) Social support increment shall not be taken into account in the calculation of the lump sum payment to be made in pursuance to Article 22 of Act 506, to the persons receiving incomes under the work accidents and occupational diseases insurance schemes. However, the value of the lump sum payment made in advance in accordance with the tariff specified in the referenced Article shall be added to the total amount of lump-sum payment made in advance in accordance with the provisions of Article 26 of Act 506.

   e) The referenced social support increment shall bee divided between the beneficiaries, for each file in a manner to have the distribution to be made in whole and at equal rates.

   f) Where a person would be entitled to receive incomes or pensions under two separate insurance branches or two separate files, payment of social support increment shall bee made under the file making the higher payment possible.

   g) The social support increment shall not bee taken into account in the calculation of the marriage allowance to be paid to the girls receiving benefits when getting married.

   h) The portion of the social support increment calculated in proportion to the periods of service completed, paid to the persons to whom pensions have been awarded by the Institution, in accordance with Act 228, dated 05/1/1961 and the annexes and amendments made, thereto, shall be collected from the Fund or Institution paying the increment of the same nature.

   i) The social support increment paid in advance for the payment periods shall not bee reclaimed in cases of death.

   j) The social support increment shall bee exempted from execution and other deductions and from all kinds of taxes, duties and revenues.
 
   k) The settlement of any payment of social support increment unduly made shall be made through deduction made from the incomes or pensions at a rate of 25%, and where there are no pension payments to be made collection shall be made through the application of general provisions.

   l) (Supplement: 20/6/1987-Law No: 3395/Art.15; Amended: 01/6/1994-Law No. 3995/Art.1) The first payments of the social support increment to be paid to the persons to whom invalidity, old-age and survivors pensions have been awarded under the provisions of the Act 506 upon the termination of their very last employment at the administrations, with general and annexed budgets, provincial administrations, establishments with revolving capital and establishments set up upon the authorities bestowed upon them by law and the establishments and institutions falling within the scope of the Decree No.233 having the power of a law as well as the corporations, participations and partnerships affiliated thereto shall be made by the Institution in the name of the above mentioned establishments.
 
The first payments of the social support increment made by the Institution in the name of the above mentioned establishments as well as the sum of the social support increment unpaid to the Institution by the concerning establishments until the date of entry into force of the present Article shall be paid to the Institution all at once within one month following the date of written notification to be made to these establishments.
 
The establishments mentioned above shall monthly remit the amounts of social support increment which must be paid in the following months to the persons whose names have been indicated on the written notification, to the relevant account of the Institution before the date on which the old-age pensions are paid, without asking for a new notification.
 
The public institutions and establishments which are corporation tax payers may deduct the amounts of the payments made by virtue of the present Article, from the taxable values.

 
SUPPLEMENTARY ARTICLE 25- (This the provision of the Supplementary Article 2, inserted by the Article 3 of the Act No.2564, dated 11/12/1981 and was numerated accordingly, Amended: 28/01/1983-Law No: 2795/Art.5)

For the insured persons and entitled to health benefits in according to 35th, 36th, 40th and 42nd Articles of this Act; Since the prescribed medicine during their outpatient treatment present vital importance for the health benefit receivers suffering diseases which are set by Institution’s health facilities’ health board reports and require long term treatment such as tuberculosis, cancer, chronic renal diseases and organ transplantations, no share is taken from specified drugs by the commission mentioned in 123rd Article of this Law.


SUPPLEMENTARY ARTICLE 26- (This the provision of the Supplementary Article, inserted by the Article 7 of the Act No.3168, dated 20/3/1985 and was numerated accordingly)

The term of "term" used in the present Act in connection with the payment of incomes and pensions means terms of one month or three months.
 

SUPPLEMENTARY ARTICLE 27- (This is the provision of the Article 3 of the Act No.3246, dated 24/12/1985 and has been changed into the Supplementary Article and an Article number has been given. Annulled: 20/02/1992-Law No: 3774/Art.6)   
 

SUPPLEMENTARY ARTICLE 28- (This the provision of the Supplementary Article 1, inserted by the Article 1 of the Act No.3246, dated 24/12/1985 and was numerated accordingly; Annulled: 20/02/1992-Law No: 3774/Art.6)
 

SUPPLEMENTARY ARTICLE 29- (This the provision of the Supplementary Article 2, inserted by the Article 1 of the Act No.3246, dated 24/12/1985 and was numerated accordingly; Annulled: 20/2/1992-Law No. 3774/Art.6)
 

SUPPLEMENTARY ARTICLE 30- (This the provision of the Supplementary Article 3, inserted by the Article 1 of the Act No.3246, dated 24/12/1985 and was numerated accordingly; Annulled: 20/02/1992-Law No: 3774/Art.6)
   
SUPPLEMENTARY ARTICLE 31- (This the provision of the Supplementary Article 1, inserted by the Article 10 of the Act No.3279, dated 29/4/1986 and was numerated accordingly)

The periods for which contributions will bee paid in connection with the implementation of the Social Security Conventions shall be determined by the Board of Directors for such as periods not to exceed three months.
 

SUPPLEMENTARY ARTICLE 32- (This the provision of the Supplementary Article2, inserted by the Article 10 of the Act No.3279, dated 29/4/1986 and was numerated accordingly)

The prosthesis tolls and materials required for the treatment or for the correction of the incapacity for work of the dependent children of the persons insured or of the persons drawing allowances against incapacity for work or invalidity or old-age pensions from the Institution and for the treatment or for the correction of the incapacity for work of the children receiving pensions from the Institution shall be supplied, repaired and replaced by the Institution within the prescribed periods and under the prescribed conditions irrespective of the periods stipulated in Article 34.
 
(Supplemented: 25.8.1999-Law No: 4447/Art.15. E.D.:01.01.2000)
The insured person shall pay the 20% of the costs of the prosthesis tolls and materials. However, the amount of this contribution shall not exceed the 1, 5 times the minimum wage paid to the workers above the age of 16, working at the industrial sector according to the Article 33 of the Labour Act 1475, dated 25.8.1971, on the date of payment.
 
The insured persons make use of prosthesis tolls and materials, provided that contributions of 20% from the dependent spouses of the insured persons and 10% from the dependent spouses of the ones who receive permanent incapacity allowances, invalidity and old-age pensions from the Institution and the spouses who receive benefits or pensions from the Institution as owners of such rights shall be taken. However, the amount of the contribution to be taken from the spouses of the insured persons can not be higher than 1,5 times the monthly minimum wage applied to the industrial workers older than 16 years under Article 33 of the Labour Act No.1455, dated 25.8.1971 as of the date of payment and the amount of the contribution to be taken from the spouses of the ones receiving permanent incapacity allowance, invalidity and old-age pensions and from the spouses who receive benefits and pensions from the Institution as owners of such rights can not be higher than the monthly minimum wage.
                     
(Coming after being amended by decree law published at Official Gazette on 25.02.2000/23975). For the covered people by the above paragraph which injured or disabled because of earthquake on 17.8.1999 and later date, shall not take to share of additive for prosthesis and prosthesis tolls and materials.)

(Amended: 30/5/1997.Decree which has the power of Law-572/Art.20)The principles pertaining to the kinds of the prosthesis tolls and materials, by taking into account the compliance with the standards the periods for which and the conditions under the which they are to be provided and the principles pertaining to the amounts to be paid shall be determined in Regulations to be made by the Institution.
 

SUPPLEMENTARY ARTICLE 33- (This the provision of the Supplementary Article 1, inserted by the Article 16 of the Act No.3395, dated 20/6/1987 and was numerated accordingly)

The expenses of the person accompanying the sick children up to (and including) the age of 12, of the persons insured, during the medical treatment of the children at the health establishments of the Institution or at other health establishments whose expenses are met by the Institution shall be paid by the Institution; where such an escort would be medically required.
 

SUPPLEMENTARY ARTICLE 34- (This the provision of the Supplementary Article 2, inserted by the Article 16 of the Act No.3395, dated 20/6/1987 and was numerated accordingly; amended: 10/3/1993-Law.3869/Art.1. Annulled: 25.8.1999-Law No: 4447/Art 62. E.D.:01.01.2000)

The higher indices to be taken as a basis for calculation of the invalidity, old-age and survivors pensions shall be determined by taking into account the average annual earning to be calculated in compliance with the amounts of earnings taken as a basis for calculation of contributions for the last ten calendar years proceeding the date of termination of employment or date of death during which contributions were paid under the invalidity, old-age and survivors insurance schemes.
 
However, ten calendar years mentioned above shall bee taken into consideration as,
      a)     six years for the calculation of the pensions to be awarded to those who claimed a pensions in 1994 and to the survivors of such persons,

      b)     seven years for the calculation of the pensions to be awarded to those who claimed a pension in 1995 and to the survivors of such persons,

      c)      eight years for the calculation of the pensions to be awarded to those who claimed a pension in 1996 and to the survivors of such persons,

      d)     nine years for the calculation of the pensions to be awarded to those who claimed a pension in 1997 and to the survivors of such persons.
 
The average annual earnings for the insured persons paid contributions for a total period of less than the calendar years mentioned above shall bee calculated by taking as a basis the calendar years for which they paid contributions.
 
In cases of the insured persons employed by Turkish Stone Coal Institution, alternately (in groups), the annual average earnings shall be calculated in compliance with the above paragraphs, by taking as a basis an amount equal to two times of the annual earning of the person concerned. However, the periods of employments held alternately, exceeding 180 days for each year, during the last five years of employment taken as a basis for the employment taken as a basis for the calculation of the average annual earning, shall not be taken into account.
 
In cases where the average annual earnings taken as a basis for the awarding invalidity, old-age and survivors pensions are calculated in compliance with this Article, the calendar years mentioned in this Article shall be taken as a basis in pursuance to the date of claim or date of death of the insured persons, instead of last 5 years, on the Niger Indices Determination Tables to be arranged in accordance with Article 21.

 
SUPPLEMENTARY ARTICLE 35- (This provision of the Supplementary Article 3, inserted by the Article 16 of the Act No.3395, dated 20/6/1987 and was been numerated accordingly. Annulled: 25.8.1999-Law No: 4447/Art62. E.D.:01.01.2000)

The rate to be taken for the computation of the pensions according to the maximum indicator in the Higher Indices Tables shall be 50%.
 
The rates of the pensions to be awarded over the grades and steps between the maximum index in the Higher Indices Table and the maximum index in the Indices Table shall be determined by the Council of Ministers.
 
The provisions in Articles 61 and 67 of this Act pertaining to increasing and reducing the rate of pensions to be awarded shall be reserved.


SUPPLEMENTARY ARTICLE 36- (Supplement: 01/6/1994-Law No: 3995/Art.2)
Upon the decision to be taken by the competent bodies of the funds which have been united in accordance with Law of Banks 3182 dated 25.4.1985, which have been transferred to another bank and of which banking activities have been terminated, as well as the funds of which financial conditions are not sufficient to continue the payment of social benefits, out of those which have been established for the personnel of banks, insurance and reinsurance companies, chambers of commerce and industry, commodity exchanges and of unions formed by them by virtue of the Transitional Article 20 of the Act 506 dated 17.7.1964, on the abolition or turnover in. compliance with the provisions of the relevant legislation; the Council of Ministers shall be authorised for the turnover of the funds to Social Insurance Institution, together with all assets and liabilities.
 
The actual and technical deficits to be assessed through the actuarial calculations to be carried out during the turning over of the funds shall be paid to the Social Insurance Institution by the Treasury, in cash and in lump sum, within 3 months as from the date of decision reached by the Council of Ministers, provided that these shall be collected from the institutions by which the participants of these funds have been employed.
 
The methods and principles of the turning over as well as the adjustments to be made as in similar cases in accordance with the Social Insurance Act 506 dated 17.7.1964 shall be jointly determined by the Ministry of Finance, Ministry of Industry and Commerce, Under-secretary of Treasury and Foreign Commerce and Ministry of Labour and Social Security on condition that the employment periods and contributions of the personnel benefited from these funds turned over must have been paid.
 
The funds in question and the General Directorate of the Social Insurance Institution shall be exempted from all kinds of taxes, revenues and stamp duties arising from the procedures regarding the turnover of the properties of the funds.
 
The funds to be set up after the date of the entry into force of this Article shall not bee benefited from the provisions mentioned above.
 

SUPPLEMENTARY ARTICLE 37- (Supplementary: 30.5.1997-D.L.572/Art.21. E.D.: 06.6.1997)
Benefits relevant to development and education of the mentally, physically, psychologically and emotionally disabled children of the insured, ones who receive allowance of permanent incapacity, pension of invalidity or old age and the rightful heirs who receive income or pension from the Institution are supplied by the Institution based on the principles and amounts mentioned in Budget Implementation Directions.
 

SUPPLEMENTARY ARTICLE 38- (Supplementary: 25.8.1999-Law No: 4447/Art.16. E.D.: 01.01.2000)
The incomes and pensions awarded under the this Act and the compensatory payments provided under the Transitional Article 76 shall be determined every month by increasing them according to the previous month by the increase ratios in the latest basic annual urban consumer price index announced by the State Statistical Institute.

 


SUPPLEMENTARY ARTICLE 39- (Supplement: 25.8.1999-Law No: 4447/Art.16. E.D.: 01.01.2000)
The number of days added to the periods of insurance under the Supplementary Article 5 and 6 of this Act shall be lowered from the age limits prescribed in the Article 60 and Transitional Article 81 of this Act provided that it should not exceed the 5 years.


SUPPLEMENTARY ARTICLE 40- (Supplement: 25.8.1999-Law No: 4447/Art.16. E.D.: 01.01.2000)
The persons considered as insured under the provisions of the Article 2 of this Act shall notify the Institution that they start to work, within 30 days as from the commencement date of their employments.

The procedure and principles to be followed by the Institution in connection with the notification shall be prescribed by the Regulation.


SUPPLEMENTARY ARTICLE 41- (Supplement: 25.8.1999-Law No: 4447/Art.16. E.D.: 01.01.2000)
Contribution share for the prosthesis tolls and materials provided by the Institution shall not bee paid by the persons awarded a pension under the Act 2230, dated 03.11.1980, concerning the Compensation in Cash and Awarding Pension.

 
SUPPLEMENTARY ARTICLE 42- (Supplement: 29/9/1999   DL578/Art.2) 
The Executive Board of the Institution taking the conditions and developments in disaster locations into consideration, is authorized to determine and postpone the payment times of contributions and social benefit increase debts and supply date of documents that employers, insured and rightful heirs are responsible for giving according to this Law, who live and directly or indirectly suffering loss after natural disasters affecting life.(*)

(*)  This Article is added with the statement “and dept of social support increase” following the statement “contributions” by the 3rd Article of DL No.592 dated 21/01/2000.)   


In case any certificate that is under the liability of the employer to provide to the Institution through internet or such a similar electronic way in accordance with the first paragraph of Article 79 of this Law, could not be sent to the Institution until the end of the last day given by the Law due to  internet disconnection or a general failure resulted from the disorders on the lines alternatively used by the Institution for electronic communication, an additional time until the end of the second work day from the day on which above mentioned technical problems dissolved in order to send the certificates through internet or such a similar electronic way, provided that these technical problems prevented the electronic communication should officially  be proved by documentary evidence. When  contributions are paid concurrently, it shall be considered that obligations were carried out in due time.

SUPPLEMENTARY ARTICLE 43- (Supplement: 29.7.2003-Law No. 4958/Art.53. E.D.: 06.8.2003)
In case of bringing forth to raised in the minimum limit of daily earnings, that these earnings should bee determined due to Article 78 and to be based on account of premiums and allowances of insurance; if a person entitled or will bee entitled or can been entitled to allowance based on daily earnings in according to insurance branches of work accident, occupational diseases, sickness and maternity; in event of the allowances is lower than determined daily earning, these allowances shall increase due to raised daily earnings as of entry force of raised in respect of minimum limit of the daily earnings.   

SUPPLEMENTARY ARTICLE 44- (Supplement: 29.7.2003-Law No. 4958/Art.53. E.D.: 06.8.2003)
Monthly earnings of insured person shall bee determined that, 1/12 of the annual earnings which calculated due to Articles 20 and 23 of this Law shall bee increased as the current calendar month within the calculation of daily earning based on incomes, with ratio of monthly increase within the price index of current main year urban place consumer which declared for each month by State Statistical Institute.


SUPPLEMENTARY ARTICLE 45- (Supplement: 29.7.2003-Law No. 4958/Art.53. E.D.: 06.8.2003)
In event of the calculation to average annual earnings due to second paragraph of Article 61 of the this law; if ratio of increase within the price index of current main year urban place consumer that declared by State Statistical Institute, which taken bases for raise to pension in according to second paragraph of Transitional Article 82(a) of this Law, and/or develop speed by stable price of gross national product, also ratios of increase within the monthly consumer price index due to Supplementary Article 38 of this Law are minus, in this case, these value not to take note.


SUPPLEMENTARY ARTICLE 46- (Supplement: 29.7.2003-Law No. 4958/Art.53. E.D.: 06.8.2003)
The awarded to incomes and pension for the mother and father of insured person who was died after the date of entry force of this Article; excluding to employed undergo social security institutions or awarded pension in according to Law2022, dated of 01.7.1976, shall bee stopped on time of payment which came after the date of taking incomes or pensions.


SUPPLEMENTARY ARTICLE 47- (Supplement: 29.7.2003-Law No. 4958/Art.53. E.D.: 06.8.2003)
In case of the female child is receiving to incomes or pensions in according to this Law, if started to work undergo social security institutions in countries which signed to convention on social security, or receiving to a income or pension undergo social security institution of these countries; her pensions and incomes shall bee stopped.





CHAPTER XIV

TRANSITIONAL PROVISIONS


Field of Application of the Law 
TRANSITIONAL ARTICLE 1-
The provisions of this Act shall apply to employers who employ fewer than 4 persons in localities situated within the municipal boundaries of cities and towns and those who employ fewer than 8 persons in other localities and to the persons employed by them as from the dates to be determined by Decree of the Council of Ministers after the necessary health facilities and the administrative organisations are established by the Institution. The decisions as to the application of this Act, which are to be rendered by Decree of the Council of Ministers, may extend to all or part of the branches of insurance.
 
For the application of the preceding paragraph:
 
   a)     the number of workers employed during the periods in which work is performed at full capacity or excessively in the case of undertakings which operate at full capacity or excessively during certain periods of the year or partly or not at all during other periods of the year;

   b)     the total number of workers employed in one or more establishments of the same employer situated within the same city, town or village; shall be taken as a basis.
 
In the determination of the number of workers no account shall be taken of the persons who are exempted according to Article 3 and Transitional Article 20.
 
The provisions of this Act shall continue to apply to the persons employed in the occupations even if the number of workers subsequently falls below the limits referred to above.
 

Continuation of the Status of Being Subject To Insurance   
TRANSITIONAL ARTICLE 2-
On the date of this Act coming into Force the provisions of this Act shall continue to apply to persons employed or to be employed subsequently in the occupations covered by Labour Act 3008, by Act 5953 respecting the Regulation Between Employers and Employees Engaged in the Profession of Press and by Seafarers Labour Act 6379 and thus have been subject to the social insurance scheme, and to their employers.
 


Appeals   
TRANSITIONAL ARTICLE 3-
Employers and persons employed by them may appeal against the decisions of the Institution in the competent court within one month after the date on which the Institution notified them that they were subject to the provisions of this Act by claiming that they employ fewer persons than the numbers indicated in Transitional Article 1 of this Act.
 
The filing of an appeal shall not stay the application of this Act.
 
The provisions of the last paragraph of Article 84 shall apply to those whose contributions have been refunded by a court decision.
 
 
Time Limit for Declaration of Insured Persons   
TRANSITIONAL ARTICLE 4-
If the circumstances referred to in Article 8 have occurred before the date on which this Act came into force, the provisions of Article 8 shall apply as from the date of coming into force of this Act. The period of one month referred to in Article 8 shall commence to run from the date of the coming into force of this Act.
 

Extension of Medical Benefits to Spouse and Children 
TRANSITIONAL ARTICLE 5-
The provisions of Article 35 shall be applied by Decree of the Council of Ministers in the localities where all preparations have been completed by establishing health facilities which may be adequate to meet requirements.
 
In cases where the provision of this Article shall not be applied, the rate of sickness insurance contribution shall be 4% of the earnings of the insured person, half of being the share of the person insured and the other half of the employer.


Treatment of the Diseases Caused By Delivery 
TRANSITIONAL ARTICLE 6-
The necessary medical care following an illness or medical problems arising out of confinement shall be extended to the uninsured wife of an insured man employed in localities where the provisions of Article 35 are not applied.
However, in order to receive such care, application must be made to the Institution within three months following the date of confinement.
The expenses for medical care incurred and proved by documentary evidence following a sickness or medical problems arising out of confinement of the uninsured wife of an insured man, in emergency cases, in localities where the Institution does not possess health facilities and there is no doctor under contract, shall be refunded by the Institution, provided that notice has been given to the Institution within one month of the commencement of treatment.

Continuation of Rights Provided Under Former Legislation
TRANSITIONAL ARTICLE 7-
Benefits, pensions and payments to which insured persons were entitled before coming into force of this Act in accordance with the provisions of the repealed Acts 4772, 5417, 5502 and 6900 and their supplements and amendments, shall be provided by the Institution according to the Acts on which they were based, and pensions as well as medical and cash benefits to which they were entitled in the case of industrial accidents, occupational diseases, sickness, maternity, invalidity, old-age and death, shall continue to be provided and paid under this Act.
 
However, the provisions of this Act shall apply to the minimum limit of pensions which are awarded or to which a person is entitled in the case of invalidity, old-age and death.
 
 
Conditions Ruling the Award of Pensions to Persons of Advanced Age   
TRANSITIONAL ARTICLE 8- (Amended: 29.6.1978- Law No: 2167/Art.13)
A) An old-age pensions shall be awarded in accordance with the provisions of Article 61 to persons who were over 30 years of age on the date coming into force this Act but have not satisfied the conditions required by Article 60, at the age of 50 in case of woman and 55 in case man, in the same manner as to persons having completed 15 years of insurance, under the principles stipulated in Article 61, provided that:
 
   a) they prove that they have worked at least 2000 days in occupations other than those indicated in Article 3, paragraph l, subparagraph C in the course of ten years preceding the date on which status as insured persons began;
   
   b)  they have paid contributions on an average of 200 days per annum during the period in which they were insured;

   c)   they have been insured for at least five years.
 
The occupations coming within the rules of Article 3, paragraph l, subparagraphs B, E, F, G, H, I, J, and K shall not be included in the minimum working period of 2000 days specified in the preceding paragraph.
 
Former periods of work referred to in the present Article shall be proved by means of certificates delivered to the Institution within two years after the entry into force of the Act for persons who were insured on the date of coming into force of the Act and within one year of the date of coverage, the latest, for persons who shall be covered after the date on which this Act comes into force.

Certificates proving former periods of work delivered to the Institution after March 01, 1966 and until the date of coming into force of this Act, shall be considered as delivered within the legal time limit.
 
If employers refuse to issue these certificates, insured persons shall have the right to claim compensation of damages from the employers concerned.
 
However, the persons considered insured in pursuance to the Supplementary Article 1 of the present Act, may prove their previous employments envisaged in this Act, through submitting within the period prescribed by law, to the Institution, such notifications as may be obtained from the trade unions or occupational organisations they are affiliated to, in case of the absence of their employers.
 
If a court judgement establishes that the certificate of employment does not conform to the truth, both the issuers and the insured persons concerned shall be responsible for compensating the Institution of losses suffered by it with an additional fine of 50% plus legal interest.
 
Penal proceedings shall also be initiated under the general provisions of legislation against such persons.
 
B) Insured persons, having completed the age of 30 on the date of coming into force of this Act, who subsequently complete the age of 50 and who are determined as having aged prematurely but are not entitled to a pension for the reason that they have not been able to satisfy the conditions required by Article 60, shall be awarded a pension under the conditions referred to in paragraph (A) and in accordance with the provisions of Article 61, in the same manner as persons having completed 15 years of insurance.
 
 
Rights Acquired Under Acts 5417 And 6900 
TRANSITIONAL ARTICLE 9-
The rights of persons who have delivered to the Institution a certificate of such former service prior to the date of coming into force of this Act in accordance with the provisions of Transitional Articles 1 of the repealed Acts 5417 and 6900 shall be reserved.
 
 
Services Requiring Heavy and Wearing Labour
TRANSITIONAL ARTICLE 10-
The total number of days to be calculated as an exhaustion credit for insured persons engaged in work considered to be heavy and arduous according to the repealed Acts 5417 and 6900 for the period between 01 April 1950 and the date of coming into force of this Act shall be deducted from the ages at which they might have been entitled to an old-age pension in accordance with the provisions of Article 60 and Transitional Article 8, paragraph (A) of this Act.


Intermittent Periods of Employment   
TRANSITIONAL ARTICLE 11-
Once fourth shall be added to the number of days for which contributions have been paid by insured persons employed in intermittent work as determined by the Ministry of Labour and Social Security between 01 April 1950 and 31 March 1954 according to the repealed Act 5417, and the total thus obtained shall be accepted as the number of days for which contributions have been paid under invalidity, old-age and survivors' insurances.
 
 
Prior Contributions and Periods of Contributions   
TRANSITIONAL ARTICLE 12-
Contributions paid on behalf of insured persons under the repealed Acts 5417 and 6900 and the number of days for which contributions have been paid, shall be admitted as contributions paid and days of contributions under this Act in respect of invalidity, old-age and survivors' insurances.
 

Foreign Nationals   
TRANSITIONAL ARTICLE 13-
The right to a pension resulting from old-age insurance contributions paid in accordance with the provisions of the repealed Act 5417 after 31 May 1957 up to the date of coming into force of the repealed Act 6900 by insured persons of foreign nationality not subject to the repealed Act 6900 nor to the provisions of this Act, shall been reserved.
 
However, if such insured persons submit a written claim, the contributions for old-age insurance paid solely by themselves under the repealed Act 5417, shall be refunded to them and their rights resulting from the contributions paid on their behalf shall thereby be liquidated.
 
 
Persons Having More Than One Wife   
TRANSITIONAL ARTICLE 14-
The widows' pensions to be awarded under this Act after the death of persons who were married before the coming into force of the Turkish Civil Code and who had more than one wife, shall be divided equally among them.
 
If there occurs circumstances entailing the suppression of the pension of any one of them, that sum shall be added to the pension of the remaining widow and if .there are more than one, in equal shares to the pensions of the remaining widows.

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« Last Edit: June 19, 2007, 06:27:28 PM by admin »
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Re: Social Insurance Act - Turkish Law No.506
« Reply #5 on: June 19, 2007, 06:28:25 PM »
Temporary Provisions Until Regulations Come Into Force   
TRANSITIONAL ARTICLE 15-
Regulations referred to in Article 135 shall be drawn up, at the latest, within six months following the date of publication of this Law.
 
Until these Regulations come into force matters, which according to this Act, are to be determined by the Regulations, shall be dealt with by means of administrative notices to be issued by the Ministry of Labour and Social Security.
   

Application of Sickness Insurance in the Eregli Coal Basin   
TRANSITIONAL ARTICLE 16-
The provisions of this Act concerning sickness insurance shall be applied in the localities where Act 151 regarding the Rights of Miners in the Eregli Coal Basin as from date to be determined by Decree of the Council of Ministers.
 
 
Increase of Prior Incomes   
TRANSITIONAL ARTICLE 17-
Pensions which were awarded or to which insured persons were entitled in the case of industrial accidents sustained or occupational diseases contracted before the date of coming into force of this Act, shall be increased according to the coefficients indicated in Schedule No. 1 attached hereto as from the date of coming into force of this Act.
 
In the application of the provisions of the preceding paragraph to pensions calculated on the basis of daily earnings less than 6 TL.- and have been subsequently raised to this limit by Act 7232, the said increase shall not be taken into account.

TABLE NO.1 
Coefficient to be used in calculating the increments to the pensions awarded or to be acquired, in pursuance to the repealed Act 4772 and the supplements and revisions made to the Act, under the work accidents and occupational diseases insurance schemes.
   
Year which bring to work accident       Coefficients   
or determined to       for incomes      
occupational Disease                 Increments
                  
1946-1950                            3.46
1951                               3,37
1952                               3,02
1953                               2,83
1954                               2, 50
1955                               2,16
1956                               1 ,89
1957                               1 ,69
1958                               1 ,43
1959                               1,17
1960                               1 , 08
1961                                  1
1962                                   1
 


Increase of Prior Pensions
TRANSITIONAL ARTICLE 18-
The invalidity and old-age pensions which were awarded or to which a persons was entitled and pensions awarded to the survivors of the deceased insured persons before the date of coming into force of this Act, shall be increased as from the date on which this Act comes into force according to the rules indicated below:
 
   a) pensions the amount of which were determined in accordance with the provisions of the repealed Act 5417 and it supplements and amendments, according to the coefficients indicated in Schedule No. 2 attached herewith;

TABLE NO.2
(Transitional Article 18-a)
The coefficient to be used in the calculation of the increments to apply to the pensions determined in compliance with the repealed Act 5417 and its supplements and amendments.   

Coefficients
                     for pension
Period of Insurance                     increments.
1 year      -    less than   1   year and   1 month   74,81
1 year   1   month   -   Less than   1   year and   2 months   69,06
1 year   2   months   -   Less than   1   year and   3 months   64,13
1 year   3   months   -   Less than   1   year and   4 months   59,85
1 year   4   months   -   Less than   1   year and   5 months   56,11
1 year   5   months   -   Less than   1   year and   6 months   52,81
1 year   6   months   -   Less than   .1   year and   7 months   49,87
1 year   7   months   -   Less than   1   year and   8 months   47,25
1 year   8   months   -   Less than   1   year and   9 months   44,89
1 year   9   months   -   Less than   1   year and   10 months   41,00
1 year   10   months   -   Less than   1   year and   11 months   39,14
1 year   11   months   -   Less than   2   years         37,43
2 years      -   Less than   2   years and   1 month   35,88
2 years   1   month   -   Less than   2   years and   2 months   34,44
2 years   2   months   -   Less than   2   years and   3 months   33,11
2 years   3   months   -   Less than   2   years and   4 months   31,89
2 years   4   months   -   Less than   2   years and   5 months   30,75
2 years   5   months   -   Less than   2   years and   6 months   29,69
2 years   6   months   -   Less than   2   years and   7 months   28,70
2 years   7   months   -   Less than   2   years and   8 months   27,77
2 years   8   months   -   Less than   Z   years and   9 months   26,91
2 years   9   months   -   Less than   2   years and    10 months   25,06
2 years 10      months   -   Less than   2   years and    11 months   24,32
2 years 11      months   -   Less than   3   years         23,63
3 years      -   Less than   3   years and   2 months   22,97
3 years   2   months   -   Less than   3   years and   4 months   21,76
3 years   4   months   -   Less than   3   years and   6 months   20,67
3 years   6   months   -   Less than   3   years and   8 months   19,69
3 years   8   months   -   Less than   3   years and    10 months   18,79
3 years    10   months   -   Less than   4   years         17,06
4 years      months   -   Less than   4   years and   2 months   16,35
4 years   2   months   -   Less than   4   years and   4 months   15,70
4 years   4   months   -   Less than   4   years and   6 months   15,09
4 years   6   months   -   Less than   4   years and   8 months   14,53
4 years   8   months   -   Less than   4   years and    10 months   14,02
4 years 10      months   -   Less than   5   years         12,72
5 years      -   Less than   5   years and   3 months   12,29
5 years   3   months   -   Less than   6   years and   6 months   11,71
5 years   6   months   -   Less than   5   years and   9 months   11,18
5 years   9   months   -   Less than   6   years         10,00
6 years   months   -   Less than   6   years and   3 months   9,59
6 years   3   months   -   Less than   6   years and   6 months   9,21
6 years   6   months   -   Less than   6   years and   9 months   8,85
6 years   9   months   -   Less than   7   years         7,97
7 years               7   years and   3 months   7,69
 
 
 
   b) pensions the amount of which were determined in accordance with the provisions of the repealed Act 6900, according to the coefficients indicated in Schedule No. 3 attached herewith.
 
When calculating these increases no account shall be taken of increases already made to pensions in order to raise them to the minimum limits fixed by repealed Acts 5417, 6708, 6900 and 7231.


TABLE NO.3 
(Transitional Article 18-b)
The coefficient to be used in the calculation of the increments to apply pensions determined in compliance with 'the repealed Act 6900.
 
Coefficients for pension increments due to years within the ended to insured status and awarded to pension.
 
Years of
commencement                                                1962 and the
of insured status                                                 following
   1957                     1958                     1959                  1960                   1961             years
1950   2,26   2,28   2,08   1,92   1,78   1,68
1951   2,36   2,18   1,99   1,84   1,71   1,61
1952   2,25   2,08   1,90   1,75   1,63   1,54
1953   2,14   1,98   1,80   1,66   1,55   1,47
1954   2,02   1,86   1,70   1,57   1,47   1,39
1955   1,87   1,75   1,60    1,48   1,38   1,32
1956   1,78   1,65   1,50   1,39   1,31   1,25
1957   --   1,55   ' 1,40   1,30   1,23   1,18
1958   ---   --   1,29   1,21   1,15   1,12
1959   - -   ---   ---   1,12   1,08   1,06
1960   --   - -   - -   - -   1,04   1,03
1961   ---   -   --      ---                          ---   1,00
 
 
 


Increase in Old Earnings That Are In the Pensions to Be Allocated 
TRANSITIONAL ARTICLE 19-
Invalidity or old-age pensions to be awarded following a claim made after the date of coming into force of this Act and pensions to be awarded under survivors' insurance to the survivors of insured persons who died after the said date, shall be calculated by raising the earnings of the insured persons obtained during the period between 1950 and 1960, according to the coefficients indicated in Table No (4) attached herewith.
 
TABLE N0.4
(Transitional Article 19) 
The coefficients to apply to the increment to be made to the earnings of the persons insured during the years between 1950 and 1960, in the calculation of pensions to be awarded under the invalidity, old age survivors’ insurance schemes.
 
 
Year of concern to Earning                         Coefficient
   1950                           3,46
   1951                           3,37
   1952                           3,02
   1953                           2,83
   1954                           2,50
   1955                           2,16
   1956                           1,89
   1957                           1,69
   1958                           1,43
   1959                           1,17
       1960                            1,08
 


 
Banks, Insurance Companies, Chambers of Commerce and
Industry and Commodity Exchanges
TRANSITIONAL ARTICLE 20-
The personnel of Banks, Insurance and Reinsurance Companies, Chambers of Commerce and Industry and Commodity Exchanges shall not be considered as insured persons for the purposes of this Act if funds organised in the form of foundations or associations by the said organisations prior to the date of publication of this Act for the purpose of providing benefits in the case of invalidity, old-age and death to their personnel are individually transformed not later than six months after the date of publication of this Act into a Benefit Fund Foundation which:
 
   a)     covers all the personnel of the bank, insurance or reinsurance company, chambers of commerce, industry and exchanges or of unions formed by them;

   b)     provides as a minimum, the benefits specified in this Act in the case of industrial accidents, occupational diseases, sickness, maternity, invalidity, old age and death for such personnel, in the case of maternity for their spouses and in the case of sickness for their spouses and children;

   c)      guarantees that the personnel subject to the constitution of such funds transferring from the one to another of these banks, insurance and reinsurance companies, chambers of commerce, industry and exchange or unions of same covered by the present Article, the rights acquired by the said personnel in their original funds shall be transferred to the fund to which they have transferred or to a Common Fund to be created among such institutions or organisations,
 
And the constitution of which evidencing the action is filed with the Ministry of Labour and Social Security not later than six months after the date of publication of this Act.
 
However, the constitutions of these funds and amendments there to shall become final only after the approval of the Ministry of Labour and Social Security. Their financial status shall also be audited jointly by the Ministries of Labour and Social Security, Finance and Commerce. The Funds and organisations concerned shall have to take the measures deemed necessary by the Ministries jointly following the control of their financial status.
 
The periods of service completed under the regulations of the funds in question and periods completed under the Acts concerning pension funds or under invalidity, old-age and survivors' insurance shall be added together, if claimed by the insured person, in accordance with the provisions of Act 228 dated 5 January 1961 respecting the award of pensions.

 

TRANSITIONAL ARTICLE 21- (Supplemented: 13/7/1967-Law No: 899/Art.4) The provisions of Article 3 of this Act shall apply to the insured women who have left their employment because of their marriage between the date of 01 March 1965 and the date of coming into force of this Act and who have submitted a written claim to that effect.

(The number of the Article 3 mentioned in this Article has been changed as “Supplementary Article 1” to set in order.)

 
TRANSITIONAL ARTICLE 22- (Supplemented: 13/7/1967-Law No: 899/Art.5) Persons who have been employed in underground works in mines as insured persons covered by invalidity, old-age and survivors insurance between the date of 01 April 1950 and the date of coming into force of this Act shall prove those periods of work by submitting a certificate to be prescribed by the Institution and issued by the employer to the Institution.
 
The provisions concerning the employers and the insured persons for issuance of certificates indicating the periods of work referred to in Transitional Article 8 shall also apply to the certificates indicating the periods of underground works in mines.
 

TRANSITIONAL ARTICLE 23- (Supplemented: This is the provision of the Transitional Article 1, inserted by the Article 21 of the Act 1186, dated 23/10/1969 and was numerated accordingly)

The amount of pension a person is receiving in respect of industrial accidents, occupational diseases, invalidity, old age and survivors' insurances, or the amount of pension a person was entitled to receive but the formalities for the award of pension were not completed on the date of coming into force of this Act, shall be adjusted in accordance with the provisions of this Act.
 
The persons whose pensions were suppressed for any reason but who were entitled to receive a new pension for the fact that the reasons for suppression of pension were abolished after this Act came into force, the amount of the new pension payable to them shall be re-determined in accordance with the provisions of this Act as from the date on which they were entitled to receive the new pension.
 
The amount of the new pension to be determined according to the preceding paragraphs, shall be calculated by multiplying the earnings obtained and taken as a basis for the determination of pensions during the previous years and the annual earnings to be taken as a basis for the determination of pensions after coming into force of this Act, by the coefficients indicated in the Schedule attached herewith.
 


However:
   a)     The amount of the new pension to be determined and to be awarded shall not exceed the maximum amount of pension calculated under Article 96 of this Act.

   b)     The total earnings obtained after the amount of earnings of the best three years taken as a basis for the calculation of pensions were multiplied by the relevant coefficient shall not exceed the amount of earnings obtained during the best year after being multiplied by the relevant coefficient.
 
Pensions which are already being paid may be increased by 20 and paid together with the increased until the whole business is completed upon which the final settlements had been made. However, the provision shall not apply to the persons whose pensions have been calculated on the basis of the minimum limit under Article 96 of Act 506.
 

TRANSITIONAL ARTICLE 24- (This is the provision of the Transitional Article 2, inserted by the Article 21 of the Act 1186, dated 23.10.1969 and was been numerated accordingly)

Pensions awarded in cases of industrial accidents, occupational diseases, invalidity, old age and death under different insurance Acts shall also be raised to the level of pensions to be awarded in accordance with the provisions of Article 20, 23, 24, 55, 60, 61 and 67 of Act 506, as amended by the present Act.
 

TRANSITIONAL ARTICLE 25- (This is the provision of the Transitional Article 3, inserted by the Article 21 of the Act 1186, dated 23.10.1969 and was been numerated accordingly. Annulled:  B1972/16, D1972/49of the Decision of Constitutional Court on 17.10.1972)
   

TRANSITIONAL ARTICLE 26- (This is the provision of the Transitional Article 4, inserted by the Article 21 of the Act 1186, dated 23.10.1969 and was been numerated accordingly)

Remuneration shall be paid within the principles and at the rates to be determined by the Board of Directors of the Institution, to the personnel to be assigned to work outside the normal working hours for having the actions required to be accomplished under the present Act, promptly, and for preparing the technical balance sheet.
 
The above provisions shall apply in connection with any situation requiring extra work to be carried out through the implementation of Act 506.
 
Such remuneration shall not be governed by Article 3 of Act 7244.
 

TRANSITIONAL ARTICLE 27- (This is the provision of the Transitional Article 5, inserted by the Article 21 of the Act 1186, dated 23.10.1969 and was numerated accordingly)

If persons who have been employed in occupations covered by the insurance scheme and later have been elected as members of Grant National Assembly of Turkey, have applied to the Institution within six months as from the date on which they were elected, shall be entitled to the benefits provided under this Act. The contributions payable by the employer shall be paid by the Office of the President of the Grant National Assembly of Turkey.
 
TRANSITIONAL ARTICLE 28- (This is the provision of the Transitional Article 1, inserted by the Article 2 of the Act 1698, dated 07/3/1973 and has been numerated appropriately)

The amounts of pensions of the persons who would be receiving such pensions, on the date of entry into force of the present Act, under the industrial accidents and occupational diseases insurance scheme and the amounts of pensions to which title have been acquired but the formalities for the awarding have not been completed on that date shall be increased as from the date of 1.4.1973 by multiplying the figures representing such amounts by the coefficients indicated below corresponding to the years in which the industrial accident took place or in which the occupational diseases manifested itself:
 
1968 or previous years 1.40
1969                              1.30
1970                              1.20
1971                              1.10
 
However, the above increases shall not be taken into account in the application of provision in the above paragraph in cases of the pensions awarded by taking as a basis the daily earnings smaller than 18 T.E. which pensions were raised to that limit in accordance with Act 1474 dated 25.8.1971.
 
The raised amount of the pension may not be smaller than the amount of pension computed by taking as a basis the minimum limit of the daily earning, or higher than the amount of pension computed by taking as a basis the maximum limit of the daily earnings, envisaged in Article 78.
 
The above provisions shall apply also in cases of pensions to be awarded following the entry into force of the present Act.
 

TRANSITIONAL ARTICLE 29- (This is the provision of the Transitional Article 2, inserted by the Article 2 of the Act 1698, dated 07/3/1973 and has been numerated appropriately)

The amounts of pensions of the persons who would be receiving such pensions on the date of entry into force of the present Act, under the invalidity, old age and survivors insurance schemes and the amounts have not been completed on that date, shall be increased as from the date of 01.4.1973 by multiplying the figures representing such amounts by the coefficients indicated below, corresponding to the last calendar year taken as a basis in the determination of the average annual earnings to be used in the computation of the pension.
 
1968 and the previous years 1.40
1969                                        1.30
1970                                        1.20
1971                                        1.10
 
However, the above coefficients shall apply to the amounts of pensions which were paid before raising such amounts to that limit in cases where the pensions taken as a basis for the awarding of invalidity, old-age or survivors pensions were smaller than 6480-Turkish Liras and where they were raised to that limit by Act 1474 dated 25.8.1971.
 
The above provisions shall apply, also in cases of pensions to be awarded following the entry into force of the present Act.
 
The provision in Article 96 of Act 506, revised by Act 1186 shall be reserved.
 
 
TRANSITIONAL ARTICLE 30- (This is the provision of the Transitional Article 3, inserted by the Article 2 of the Act 1698, dated 07/3/1973 and has been numerated appropriately)
The work accidents, retirement, common invalidity, duty invalidity, and widows and orphans pensions awarded or to which title have been awarded but the relevant formalities have not been completed under the legislation applied by the Ordnance Factories Pensions and Providence Fund and the Pension Fund covering the workers of the General Directorate of the State Railways and Ports, turned over to the Social Insurance by virtue of Act 991, shall be raised in accordance with the principles stipulated in these Articles, as from the date of 1.4.1973, by multiplying such amounts by the coefficients indicated in the Transitional Articles 28 and 29. 
 
(The numbers of the Transitional Articles 1 and 2 have been changed as “Transitional Article 28 and Transitional Article 29” respectively, to set in order.)


TRANSITIONAL ARTICLE 31- (This is the provision of the Transitional Article 4, inserted by the Article 2 of the Act 1698, dated 07/3/1973 and has been numerated appropriately)

The actions on raising the pensions in pursuance to the Transitional Articles 28 and 29 shall be completed within a maximum period of 9 months following the date of entry into force of the Act.
 
The personnel of the 5ocial Insurance Institution who would be charged with the duty of carrying out the relevant actions may be required to work over time within the period indicated above for not more than 80 hours per month. The amount of the overtime payments to be made shall be determined by the Board of Directors of the Social Insurance Institution, not exceeding the limits prescribed in the Budget Law.
 

TRANSITIONAL ARTICLE 32- (This is the provision of the Transitional Article 1, inserted by the Article 4 of the Act 1753, dated 21/6/1973 and was numerated appropriately)

A pension shall be awarded. as from the beginning of the quarter following the date of coming into force of this Act to the survivors of the insured persons who died before the date on which this Act came into force if the pensions of the survivors have been suppressed or if they have not been awarded a pension before the date on which this Act came into force but have been entitled to a pension under this Act.
 
The provisions of Article 23, paragraphs V, VI and VII amended by Article 1 of this Act and the provisions of Article 68, paragraphs IV, V and VI amended by Article 2 of this Act shall not be affected.
 
Pensions paid to the spouse and children under different provisions of insurance shall be raised to the level of pensions to be awarded according to the rules referred to in Articles 23 and 68 amended by this Act as from the beginning of the same quarter.
 

TRANSITIONAL ARTICLE 33- (This is the provision of the Transitional Article 2, inserted by the Article 4 of the Act 1753, dated 21/6/1973 and was numerated appropriately)

Pensions awarded in the ease of death in accordance with the provisions of the legislation concerning Ordnance Factories Pensions and Mutual Benefit Fund and the Pension Fund covering the Workers of the General Management of State Railways which are merged in the Institution under Act 991 shall continue to be paid under the conditions referred to in Article 23, paragraphs, V, VI and VII and in Article 68, paragraphs IV, V and VI.
 
The provisions of Transitional Article 32 shall apply also to the survivors of the members of the Funds who died before the said Funds were merged in the Institution if the pensions paid to the survivors have been suppressed or they have not been awarded a pension.

 
TRANSITIONAL ARTICLE 34- (This is the provision of the Transitional Article 1, inserted by the Article 7 of the Act 1912, dated 16/6/1975 and was numerated appropriately)

Increases have been made in the following amounts by taking into account the shares and rates which were taken as a basis in the awarding of pensions to the pensions of the persons who were drawing pensions under the industrial accidents and occupational diseases insurance schemes on and before the date of 31. 12.1974 and of the persons who acquired title to such pensions but whose relevant formalities have not yet been completed.
 

Three-month pension group          Amount of monthly increment
   0- 3.600                      TL 450.
   3601 - 6.000                      TL 400.
      6.001 –Over                            TL 350.
 


However, in cases where the amount of the pension taken as a basis for the calculation of the pensions to be awarded under the industrial accidents and occupational diseases insurance scheme is below the amount of minimum earnings calculated in accordance with Article 97 of Act 506 as amended by the present Act, the increase shall only cover the amounts of the income before it was raised to the minimum limits.
 
Amount of raised income shall not be lower than amount of income which determined lowest minimum wage in according to Labour Code.
 
The above provisions shall also apply in cases of the persons who would be acquiring title, later, in accordance with Article 19 and the revised Article 23, 24 and 25 of Act 506, provided that the insurance contingency which caused the title to be acquired should have occurred in or before the year of 1974.
 

TRANSITIONAL ARTICLE 35- (This is the provision of the Transitional Article 2, inserted by the Article 7 of the Act 1912, dated 16/6/1975 and was numerated appropriately)

Increases have been made in the following amounts proportionally to their shares to the pensions of the persons who had requested pensions to be awarded on or before the date of 31.12.1974, and who was presently in receipt of pensions under the invalidity, old-age and survivors insurance schemes and of the persons who have acquired title to invalidity and old age pensions but whose formalities have not been completed and of the survivors, thereof. 
 
 
There month pension group          Amount of monthly increment
      0        - 3.600                   TL 450.
      3.601 - 6.000                   TL 400.       
      6.001 - Over                      TL 350.
 

However, in eases where the sum of the pension taken as a basis for the calculation of the pension to be awarded under the invalidity, old-age and survivors schemes is below the amount of minimum earnings calculated in accordance with Article 96 of Act 506 as awarded by the present Act, the increase shall only cover the amounts of the pension before it was raised to the minimum limit.
 
Amounts of the raised pensions may not be higher than the amount of pensions calculated in accordance with the maximum limits envisaged in the Article 78 of Act 506, as amended by Act 1474.
 
The above provisions shall apply also in cases of the persons to whom title will arise for the awarding of pensions,1ater, in accordance with Articles 57,58,63 and revised Articles 68 and 69 of Act 506 provided that the insurance contingency which caused the title to be acquired should have occurred in or before the year of 1974.
 

TRANSITIONAL ARTICLE 36- (This provision of the Transitional Article 3 inserted by the Article 7 of the Act 1912 dated 16/6/1975 and was numerated appropriately)

The Transitional Articles 34 and 35 of the present Act shall also apply in respect of the various categories of pensions paid to the persons covered under the legislation pertaining to the funds which were turned over to the Social Insurance Institution by virtue of Act 991, and of the pensions to which those persons have acquired title but the relevant formalities have not yet been completed.
 

TRANSITIONAL ARTICLE 37- (This provision of the Transitional Article 4, inserted by the Article 7 of the Act 1912 dated 16/6/1975 and was numerated appropriately)

The actions pertaining to the increases to be made in compliance with the present Act shall be completed within the period of 6 months following the entry into force of the Act.
 
The personnel of the Social Insurance Institution who would be charged with the duty of carrying out the relevant actions, may be required to work over time within the period indicated above, for not more than 80 hours per month; the amount of the overtime payments to be made shall be determined by the Board of Directors of the Social Insurance Institution.
 

Borrowing
TRANSITIONAL ARTICLE 38- (This provision of the Transitional Article 5, inserted by the Article 7 of the Act 1912 dated 16/6/1975 and was numerated appropriately)
 
A) If their requested that, the maximum 10 years of employment periods of above-mentioned insured persons that periods must be under the service contract, shall bee into debt:
 
   a)       they have been registered under the invalidity, old-age and survivors' insurance schemes; under Act 506;

   b)       they must be employed in an occupation covered by Act 506 on the date they have submitted their request for revival through indebtedness.
 
The periods of service to be revived shall be recovered by paying contributions or through making deductions of premiums and they shall be added to the periods of insurance already completed if, however, contribution have been paid for periods before the date of commencement of insurance under Act 506, the date of commencement of insurance shall extend as far back as the number of days for which contributions have been paid.
 
No contributions must have been paid previously to the Institution or to the Pensions Fund for Civil Servants for periods the recovery of which is requested paying contributions.
 
The request of payment of contributions for periods of employment shall be submitted to the Institution by a certificate to be prescribed by the Institution within one year following the date of coming into force of this Act. The current minimum wages shall be taken as a basis for the calculation of contributions to be paid for periods completed after 01 April 1950, and the average amount of earnings obtained during. the latest three months prior to the date on which the request was submitted shall be taken as a basis for the calculation of contributions to be paid for periods completed before 1 April 1950, and this amount shall either be paid in full or shall be paid in five years with equal instalments. If the person concerned dies before the total amount of contributions due are paid, only the amount which shall be adequate for entitlement to survivors' benefit shall be paid by the survivors.
 
B)    The periods that may not be recovered by paying contributions are as follows:         
   
a)   the occupations referred to in Article 3, paragraph 1 of Act 506 which are not covered by the insurance scheme;
   - periods completed before the age of 18,
                   - periods completed in the occupations subject to the provisions of Funds specified in Transitional Article 20 of Act 506,
                   - periods which have been exhausted by making lump-sum payments under the insurance legislation.
 
   b)       The total periods which shall be recovered by paying contributions under Act 1186 and under this Act shall not exceed ten years.

   c)        Periods recovered by paying contributions shall not be taken into account for the purposes of amended Transitional Article 8 of Act 506.
 
 
TRANSITIONAL ARTICLE 39- (This provision of the Transitional Article 6, inserted by the Article 7 of the Act 1912 dated 16/6/1975 and was numerated appropriately)

The employers shall be bound to draw up correctly, in perfect condition and in due form and approve the certificates referred to in Transitional Article 38, paragraph (A), subparagraph 4, at the request of the insured person.
 
The Institution may make investigations directly or may engage some other person to do the same on its behalf in order to determine whether the information given in the certificate is correct. The certificates which are proved to be false or incorrect shall not be taken into account.
 
If it is determined that the information given in the certificate is false or incorrect, the persons who have drawn up those certificates and the insured persons concerned shall be bound to compensate jointly and successively the losses arising out of the incorrect information given; penal proceeding shall also be instituted under general provisions.
 

TRANSITIONAL ARTICLE 40- (This provision of the Transitional Article 7, inserted by the Article 7 of the Act 1912 dated 16/6/1975 and was numerated appropriately)

Extension of medical benefits to fathers and mothers- under Article 36 and 42 shall be deceased by the Council of Ministers and shall cover all provinces in a period of three year, at the latest, as from date of publication of this Act.
 

Continuation of Insurance Coverage
TRANSITIONAL ARTICLE 41- (This provision of the Transitional Article, inserted by the Article 3 of the Act 1992 dated 11/5/1976 and was numerated appropriately)

Where the total sum of the contributions becoming due to be paid in accordance with Act 506, for the watchman charged with the protection of the properties of farmers, who were considered as insured before the publication of the present Act and whose contribution were not paid, is paid within the period of one year, following the entry into force of the Act. The rights pertaining to insurance, for the referenced period shall be reserved.
 
 
TRANSITIONAL ARTICLE 42- (This provision of the Transitional Article 1, inserted by the Article 1of the Act 2098 dated 11/8/1977 and was numerated appropriately) 

a) The total nominal number of days of the employments of an insured person who was employed at workplaces under the present Act, in his employments account, during a period preceding the entry into force of the Act, shall be deducted from the insurance period (provided that the contributions due must have been paid by the person insured, through indebtedness).
 
   b) For the action to be taken on indebtedness, the request for the indebtedness shall be placed with the Institution, on a certificate, the model of which will be prepared by the Institution, within a maximum period of one year following the date of entry into force of the present Act. The contributions to be paid through indebtedness for the relevant nominal periods of employments shall be calculated by taking as a basis the current minimum daily earnings for the periods of indebtedness following the date of 1.4.1950 and by taking as a basis the average of the earnings obtained within the periods of the last three months, on the date of request, for the periods of indebtedness before the date of 1.4.1950, and the amount calculated shall be paid either all at once or in equal instalments within a period of 5 years.
 

TRANSITIONAL ARTICLE 43- (This provision of the Transitional Article, inserted by the Article 3 of the Act 2099 dated 11/8/1977 and was numerated appropriately)

The rates prescribed in Article 1 of the present Act, shall apply also to the survivors to whom pensions were awarded between the entry into force of this Act as from the beginning of the term following the date of publication of the Act.
 

TRANSITIONAL ARTICLE 44- (This provision of the Transitional Article 1, inserted by the Article 14 of the Act 2167 dated 29/6/1978 and was numerated appropriately)

Persons who, before the date of the publication of the present Act,
 
A)    a) were registered under the invalidity, old-age and survivors insurance schemes in accordance with this Act, or

          b)were employed in a work covered by the present Act on the date on which the request has been placed for indebtedness or those paying contributions under the involuntary, or group, insurance schemes shall be revived through indebtedness, for a maximum period of 10 years for their employments carried out under a service contract, upon their request.
 
The employment periods to be revived through indebtedness shall be added to the previous employment periods through payment of contributions or through deductions made, provided that, in cases of indebtedness for the periods before the commencement of the insured status according to this Act, the date of commencement of the insured status shall be carried back for a period of as many days as it shall be revived through indebtedness.
 
It shall be required that no contributions should have been paid to the Social Insurance Institution and no premiums should have been deducted by the pension funds, previously, for the employment periods to be revived through indebtedness.
 
The request for indebtedness shall be placed with the Institution within one year, following the entry into force of the present Act. It shall be required to give written evidence of the employment periods completed for indebtedness on such certificates models of which will be prepared by the Institution.
 
The contributions to be paid through indebtedness for the period to be revived shall be calculated by taking as a basis the minimum daily earning on the date of request, in cases of indebtedness for the periods following the date of l April 1950 and by taking as a basis the average of the earnings obtained within the period of the last three months preceding the date of 1 April 1950, and the amount thus calculated shall be paid either all at once or in equal instalments within a period of 5 years.
 
In case of the death of the person insured whose employment periods will be revived through indebtedness, the amount of contributions to be adequate for acquiring the title shall be collected from the survivors.
 
B)    a) The following employments may not be revived through indebtedness;
 
Employments not covered under insurance schemes, in pursuance to paragraph 1 of Article 3 of Act 506,
 
Employments carried out before the completion of 18 years of age.
 
Employments completed under the funds indicated in the Transitional Article 20 of the present Act,
 
Employments liquidated through making lump-sum payments in accordance with the insurance legislation.
 
   b) The total length of periods indebtedness made under Acts 1186, 1912 and 991, and to be made under the present Act may not exceed 10 years.

   c) The periods of indebtedness shall not be taken into account for the purpose of the implementation of the Transitional Article 8 of this Act.
 
The employers shall be bound to prepare and certify the certificates indicated in sub-paragraph 5 of paragraph (A) of this Transitional Article in a correct, full and appropriate manner, upon the request of the person insured.
 
The Institution may make examinations on the documents by itself and on its own, to find out whether the information indicated on such certificates are or not false and incorrect. The certificates, pertaining to indebtedness may not be valid in ease they are proved to be false or incorrect.
 
In case it is established that the certificates pertaining to indebtedness are incorrect, persons who have prepared the certificates and the insured person concerned shall be bound to compensate the loss of the Institution suffered due to the false certificates jointly and severally.
 

TRANSITIONAL ARTICLE 45- (This provision of the Transitional Article 2, inserted by the Article 14 of the Act 2167 dated 29/6/1978 and was numerated appropriately)

Lawyers who have not submitted, within two years following the commencement of their insurance period, the certificate indicating the lawyer-ship period, to be prepared in accordance with Article 1 of Act 1136 as amended by Act 1238 and the Public Notaries who have not submitted, within two years following the commencement of their insurance period, the certificate indicating. the period of Notary-ship, to be prepared in accordance with the Transitional Article 14 of Act 1512, shall benefit from the provisions of the Transitional Article indicated a5ove if they submit the referenced certificates within 6 months following the entry into force of the present Act, to the Institution.


TRANSITIONAL ARTICLE 46- (This provision of the Transitional Article 3, inserted by the Article 14 of the Act 2167 dated 29/6/1978 and was numerated appropriately)

The provision of paragraph 8 of Article 23 shall apply in cases of deaths, also prier to the date of entry into force of the present Act, upon the request of the survivors.
 
However, the title for pension shall start as from the beginning of the month following the entry into force of the present Act.
 

TRANSITIONAL ARTICLE 47- (This provision of the Transitional Article 4, inserted by the Article 14 of the Act 2167 dated 29/6/1978 and was numerated appropriately)

The by-laws referenced in Articles 3 and 12 and the Supplementary Article 11 of this Act shall be prepared within a period of 3 months, the latest, following the date of entry into force of the present Act.
 
Actions shall be taken in pursuance to the circulars, to be issued by the Ministry of Labour and Social Security.
 
(48) The number of the Supplementary Article 2 , mentioned in this Article has been changed into “Supplementary Article 11” to set in order.
 

TRANSITIONAL ARTICLE 48- (This provision of the Transitional Article 5, inserted by the Article 14 of the Act 2167 dated 29/6/1978 and was numerated appropriately)   
 
A) The indices for the persons receiving pensions against industrial accidents or occupational diseases or invalidity, old age or survivors pensions and for the persons who have requested pensions to be awarded but whose formalities for the awarding of pension have not yet been completed, shall be determined as follows.
 
The indices shall be determined by dividing into eleven rates of pensions and of the hundred per cent values of the pensions presently paid according to the rates of invalidity.
 
However, the new amounts of pensions of the persons, to receive their pensions over minimum earnings shall be calculated by taking as a basis the lowest indicator on the table of indices.
 
B) The amounts of pensions paid by the Institution in accordance with Act 991 (and its annexes and revisions) pertaining to turning over to the Social Insurance Institution the Pensions Fund covering the Workers of the General Directorate of the State Railways and Ports and the Ordnance Factories Pensions an Providence Fund, shall be re-calculated by taking as a basis the principles laid down in Article 2 of Act 1189. (*)
 
(*) Temporary article No.2 is changed into temporary 12th article of Law No.991 in order to combine Laws No. 1189 dated 13/11/1969 and No.991 dated 23/01/1968 and to continue with the number of the article.

 
TRANSITIONAL ARTICLE 49- (This provision of the Transitional Article 6, inserted by the Article 14 of the Act 2167 dated 29/6/1978 and was numerated appropriately)

All the liabilities and credits and all the other properties of the funds referenced in the Transitional Article 20 of Act 506 which were liquidated before the entry into force of the present Act and those for which liquidation formalities are already in process shall be turned over to the Social Insurance Institution, in accordance with the principles to be prescribed in the regulations to be made within a period of six months following the entry into force of this Act.
 
The methods of turning over the methods of actuarial accounts to be made shall be made clear in the regulations.
The employment periods of the persons employed in such works covered under Act 506 at the work places under the funds referenced above shall be aggregated with the employment periods completed under the 5ocial Insurance Institution.
 
The pensions of the persons who have acquired title to such pensions through the aggregation of employment periods and the pensions awarded by the funds indicated in the first paragraph shall be paid by the Social Insurance Institution.
 
The technical deficits to be assessed through the actuarial calculation to be carried out shall be paid to the 5ocial Insurance Institution by the banks or insurance companies concerned, as from the date of entry into force of the present Act by applying an interest rate of 5 %, in five years, in equal instalments.
 
Any delays in connection with the payment of the technical deficit to the Social Insurance Institution shall not cease the payments which the Institution shall have to pay in compliance with the present Act.
 

Re-determination of indicators
TRANSITIONAL ARTICLE 50- (This provision of the Transitional Article 1, inserted by the Article 18 of the Act 2422 dated 06/3/1981 and was numerated appropriately)

The indicators to be taken as a basis for the computation of the pensions drawn by the beneficiaries on the date of entry into force of the present Act and of the pensions to be awarded to the beneficiaries who have acquired title to such pensions but for whom the formalities for the awarding of pensions have not yet been completed shall be re-determined through the methods indicated below.
 
   a) The indicator for an insured person shall be determined, for the pensions to be awarded under the industrial accidents and occupational diseases insurance scheme by taking as a basis the annual earnings of that insured person calculated in accordance with Article 88 of Act 506 by employing the Indices Determination Tables prepared, as from the year of 1967, in compliance with paragraphs (a) and (d) of the Supplementary Article 21 of the present Act. 

In cases where the last calendar month taken into account in the calculation of the earnings to be taken as a basis for the determination of the pension falls in a year before 1967, the pension shall be computed by employing the Indices Determination Table belonging to 1967, taking as a basis the earnings calculated in accordance with Act 1186.
 
   b) As from the year of 1969, the Indices Determination Tables for the pensions to be awarded under the invalidity, old-age and survivors insurance schemes shall be proposed in accordance with paragraph (2) of the Supplementary Article 21 of the present Act, by taking into account the year in which the request for a pension has been made or in which the death happened in which computation the annual average amount of the minimum daily earnings obtained in the period of the 3 calendar years preceding the year of 1969 which were taken as a basis for the calculation of contributions shall be taken as the minimum figure, while the annual average of the total amount of his maximum daily earnings obtained in the referenced 3 years shall constitute the maximum figure.
 
In cases where, in the calculation of the average annual minimum and the maximum earnings, the year of 1969 and any years before, are to be taken into account, the amounts determined through the implementation of the provision in the Transitional Article 23 annexed to Act 506 by Act 1186 shall be taken as a basis in the computation of the minimum and the maximum earnings for those years.
 
The indices corresponding to the average amounts of the annual earnings which are taken as a basis for the awarding of the pension shall be found by employing the Indices Determination Table, taking into consideration the year in which the person insured requested the pension or in which the person insured died. In cases where, in the calculation of the average amounts of the annual earnings which are taken as a basis for awarding of the pension, the year of 1969 and any years before are to be taken into account, the earnings of the insured person, calculated in accordance with the Act 1186 shall be taken into account for those years.
 
The indices to be taken as a basis for the calculation of the pension of the persons whose request for pensions were placed or whose death happened in or before the year of 1969, shall be determined through the employment of the Indices Determination Table belonging to the year of 1969.
 
      c) The new indicators of the persons who had been in receipt of different kinds of pensions in accordance with the legislation applied by the funds which have been returned to the Institution in pursuance to Act 991 and to whom pensions were awarded on or before the date of 1.7.1978 and whose adjustments were made in compliance with the Transitional Article 48 of Act 2167, shall be calculated by adding (60) to the indicators determined in accordance with the Decree No 7/17515 dated 18.5.1979 and the pensions shall continue to be paid the calculations having been made by taking into account the new indicators. The indicators to be taken as a basis in the calculation of the pensions of the persons to whom pensions were awarded following the date of 1.7.1978 and who are presently in receipt of pensions and of the pensions of the persons who have acquired the title for the awarding of pensions, shall be determined by taking as a basis the Indices Determination Tables prepared in compliance with paragraphs (c) and (d) of the Supplementary Article 21 of the present Act.
 
   d) The indicator newly established in accordance with the above paragraphs for the persons in receipt of pensions shall not be smaller than the indicator calculated by adding (60) to his indicator which had been established before the present Article entered into force.

   e) The indicators for the persons who would have acquired title for the awarding of pensions between the dates of 01.3.1981 and 31.3.1981, to be taken as a basis for the awarding of such pensions, shall be determined by taking as a basis the Indicators Determination Table to be prepared in pursuance to whichever of the above paragraphs (a), (b) and (c) would be appropriate to the conditions of the persons concerned.
 

Advance Payment   
TRANSITIONAL ARTICLE 51- (This provision of the Transitional Article 2, inserted by the Article 18 of the Act 2422 dated 06/3/1981 and was numerated appropriately)

The payment of pensions already payable shall be made as advance payments, until the beginning of the term of payment following the date of the completion of the re-determination of the indicators in accordance with the provisions of the Transitional Article 50 indicated above, the settlement of which to be made later by taking as a basis for the computation of the pensions the new indicators found by adding (60) to the indicators taken as a basis for the calculation of pensions.

 
TRANSITIONAL ARTICLE 52- (This provision of the Transitional Article 3, inserted by the Article 18 of the Act 2422 dated 06/3/1981 and was numerated appropriately)

In connection with the implementation of Articles 55, 61 and 67 of Act 506 as amended by Act 1186, the indices to be taken as a basis for the computation of pensions, for the persons insured who shall have placed their requests for the awarding of pensions or who shall have died by the date of entry into force of Articles 5, 7, and 9 of the present Act, shall be calculated by taking as a basis the average annual earning to be found by taking into account the 4 calendar years with the highest amounts of earnings which were taken into account in the determination of the amount of contributions out of the last 5 years for which contributions were paid under the invalidity, old-age and survivors insurance schemes before the insured person concerned separated from work or before he died.
 
The average annual earning of a person insured who have paid contributions for a period shorter than 5 calendar years, shall be calculated by taking as a basis the calendar years for which the person insured paid contributions.
TRANSITIONAL ARTICLE 53- (This provision of the Transitional Article 4, inserted by the Article 18 of the Act 2422 dated 06/3/1981 and was numerated appropriately) 

For the implementation of paragraph (b) of Article 21 of the present Act, the "Indices Determination Table" shall be prepared through the method indicated below for making use of the same in the determination of the indicators to be taken as a basis in the computation of the pensions up to the date of 31.2.1981 (included).
 
On the Indices Determination Table to be prepared in connection with the invalidity, old-age and survivors insurance schemes, the annual average amount of the minimum daily earnings obtained in the four years prior to the date on which the person insured placed his request for the awarding of a pension or on which he died, which earnings were taken as a basis for the calculation of contributions for those four years shall constitute the minimum figure while the average annual figure of the maximum earnings obtained during the same period shall be taken as the maximum figure.
 
The lowest figure shall be taken as the figure corresponding to the minimum index in the Table of Indices and the highest figure shall be taken as the figure corresponding to the maximum index in the table. The difference between the maximum and the minimum figures shall be divided into the number of the steps remaining after taking out the step corresponding to the minimum index. The fraction after the division shall be rounded up to the next full figure and the figure obtained shall be added to the minimum figure after the figure indicating the lowest indicator, each figure thus found to correspond to one step.
 

TRANSITIONAL ARTICLE 54- (This provision of the Transitional Article 1, inserted by the Article 4 of the Act 2564 dated 11/12/1981 and was numerated appropriately)

The provisions of paragraph (G) of Article 60 shall not apply to the persons who were registered under the invalidity, old-age and survivors insurance schemes prior to the date of 01.4.1981.
 

TRANSITIONAL ARTICLE 55- (This provision of the Transitional Article 1, inserted by the Article 5 of the Act 2934 dated 24/10/1983 and was numerated appropriately)

The rights acquired pertaining to the number of contribution days, under the invalidity, old-age and survivors insurance schemes and those acquired through the completion of insurance actions under Act 506 for those persons who were temporarily employed against wages in agricultural and forestry occupations in the private sector between 24.11.1977, the date on which paragraph 1/A of Article 3 of Act 506 as amended by Act 2100 entered into force, and 1.1.1984 shall be reserved.
 
TRANSITIONAL ARTICLE 56- (This provision of the Transitional Article 2, inserted by the Article 5 of the Act 2934 dated 24/10/1983 and was numerated appropriately)

The suits filed by the Institution against the survivors of the insured person who died as a result of an industrial accident or an occupational diseases which occurred due to the intentional act or due to the fault of the person deceased, shall drop.
 

TRANSITIONAL ARTICLE 57 - (This provision of the Transitional Article 3, inserted by the Article 5 of the Act 2934 dated 24/10/1983 and was numerated appropriately) 

The Annexed Table of Indices shall apply for the year of 1984, in the calculation of the contributions to be collected, the allowances to be granted and the pensions to be awarded in accordance with the Social Security Act 506.
 

TRANSITIONAL ARTICLE 58- (This provision of the Transitional Article 1, inserted by the Article 1 of the Act 2959 dated 17/11/1983 and was numerated appropriately)

The persons out of those who have been taken within the scope of the Act by virtue of the Supplementary Article 10 annexed to Act 506 by Article 14 of Act 2167 who will have submitted to the Institution the employment certificates indicated in the revised Transitional Article 8 of Act 506 between the date of 11.7.1978 and the date of entry into force of the present Act, as well as the certificate of employments to be taken as a basis for the indebtedness in compliance with Act 2167, themselves or, in case of their death their survivors, may revive the total periods of employments indicated in such certificates under the following conditions:
 
A)    A written request must have been placed with the Institution within three months, the latest, as from the entry into force of the present Act,

B)    The amount of the contributions due to be paid through indebtedness under the invalidity, old-age and survivors insurance schemes to be calculated by taking as a basis the minimum daily earning, taken into account in the calculation of contributions, on the date of entry into force of the present Act, must have been paid to the Institution within 6 months, the latest, as from the date of notification.
 
No further employments certificate shall be required for indebtedness, for the above.
 
No verification of the employer shall further be required on the indebtedness certificates submitted to the Institution after being certified by the occupational institutions or by the competent associations or foundations.
The employment periods thus revived through indebtedness shall be added to the periods of employment for which contributions were paid or premium were deducted and to the previous periods of indebtedness.
 
In cases where indebtedness cover any periods before the date of commencement of the insured status, the date of commencement of the insured status shall be carried back for as many days for which indebtedness covers.
 

TRANSITIONAL ARTICLE 59 - (This provision of the Transitional Article 2, inserted by the Article 1 of the Act 2959 dated 17/11/1983 and was numerated appropriately)

The payments made up to the date of entry into force of the present Act shall not be claimed to be refunded by the persons who have been taken within the scope of the Act by virtue of the Supplementary Article 10 annexed to Act 506 by Article 14 of Act 2167.

 
TRANSITIONAL ARTICLE 60- (This provision of the Transitional Article 1, inserted by the Article 8 of the Act 3168 dated 20/3/1985 and was numerated appropriately)

Pensions shall be awarded to the widowers of the persons insured who had died before the entry into force of the present Act, where no pensions could be awarded to them before but where they have acquired title to such a pension, upon the written request of such widowers, as from the beginning of the payment period following the entry into force of the present Act.
 
 
TRANSITIONAL ARTICLE 61- (This provision of the Transitional Article 2, inserted by the Article 8 of the Act 3168 dated 20/3/1985 and was numerated appropriately)

Pensions shall continue to be paid those persons who were married on the date on which this Act entered into force, to whom pensions had been awarded in pursuance to sub-paragraphs (B) of paragraphs (1) of Articles 23 and 68 of Act 506 which has been cancelled by the present amendment, until the date such persons will remarry.
 

TRANSITIONAL ARTICLE 62- (This provision of the Transitional Article 3, inserted by the Article 8 of the Act 3168 dated 20/3/1985 and was numerated appropriately)

The provisions of the present Act shall apply in respect of the survivors of the members of the Military Factories Retirement and Providence Fund and of the Retirement Fund for the Workers of the General Directorate of State Railways and Ports Operations, who had died before those Funds, were turned over to the Social Insurance Institutions.
TRANSITIONAL ARTICLE 63- (This provision of the Transitional Article 4, inserted by the Article 8 of the Act 3168 dated 20/3/1985 and was numerated appropriately)

The first monthly payment to be made on the date of entry into force of the present Act may cover a period of more than one month for only one time.
 
TRANSITIONAL ARTICLE 64- (This provision of the Transitional Article 1, inserted by the Article 2 of the Act 3246 dated 24/12/1985 and was numerated appropriately. Annulment: 20/02/1992-Law No.3774/Art.6)
 

TRANSITIONAL ARTICLE 65- (This provision of the Transitional Article 2, inserted by the Article 2 of the Act 3246 dated 24/12/1985 and was numerated appropriately. Annulment:20/02/1992-Law No. 3774/Art.6 )


TRANSITIONAL ARTICLE 66- (This provision of the Transitional Article 1, inserted by the Article 17 of the Act 3395 dated 20/6/1987 and was numerated appropriately) 

A decision of non jurisdiction shall be taken about the suits opened, before the date of the entry into force of the present Act, on the violation of the provisions of the Social Insurance Act 506 which will have been taken outside the jurisdiction of the court, in pursuance of the revised provisions of the Act and the minutes and certificates in the files shall be forwarded to the competent units of the Social Insurance Institution authorised to give pecuniary decisions.
   
The Institution shall prepare a report about the pecuniary actions taken, about the persons concerned with the minutes forwarded by applying the minimum limit of the fine which applied to the offence indicated in the minutes before the Act was revised.
 
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Re: Social Insurance Act - Turkish Law No.506
« Reply #6 on: June 19, 2007, 06:33:17 PM »
TRANSITIONAL ARTICLE 67- (This provision of the Transitional Article 2, inserted by the Article 17 of the Act 3395 dated 20/6/1987 and was numerated appropriately)

The Contributions Appeal Board shall continue performing its duties until the files, against which appeals have been placed with the Contributions Appeal Board before the date of the entry into force of the present Act are liquidated.
 

TRANSITIONAL ARTICLE 68- (This provision of the Transitional Article 3, inserted by the Article 17 of the Act 3395 dated 20/6/1987 and was numerated appropriately)

The persons out of those who have been taken within the scope of the Act by virtue of the Supplementary Article 10 annexed to Act 506 by Article 14 of Act 2167 who will have submitted to the Institution the employment certificates to be prepared in accordance with the revised Transitional Article 8 of Act 506, within a period of six months as from the date of entry into force of this Act, may have their total periods of employments recorded on such certificates revived through indebtedness under the following conditions:
 
A) A request made in writing must have been placed with the Institution within a period of six months following the date of entry into force of the present Act,

B) The amount of the contributions due to be paid through indebtedness under the invalidity, old-age and survivors insurance schemes to be calculated by taking as a basis the minimum daily earnings taken into account in the calculation of contributions on the date of entry into force of the present Act must have been paid to the Institution within a period of one year the latest as from the date of notification.
 
The employment periods thus revived through indebtedness shall be added to the previous periods of employments for which contributions were paid or premiums were deducted and to previous periods of indebtedness.
 
In cases where indebtedness cover any periods before the date of commencement of the insured status, the date of commencement of the insured status shall be carried back for as many days for which indebtedness covers.
 
It is established by the Institution that the employment certificates are incorrect, both the persons preparing such certificates and the insured persons concerned shall be obliged to pay to the Institution the loss suffered by the Institution as a result of that action in an amount to be 50% in excess of the original amount and together with the legal interest on such an amount.
 
Penal prosecution shall also be carried out about such persons in accordance with the General Provisions.
 

TRANSITIONAL ARTICLE 69- (This provision of the Transitional Article 4, inserted by the Article 17 of the Act 3395 dated 20/6/1987 and was numerated appropriately)

In cases of periods of shorter than five calendar years as from the first day of the year following the date of entry into force of this Act, the annual average of the sums of the daily earnings, for five years, of the insured person, to be calculated over the highest indicator of the Higher Indices Table for the five calendar years preceding the date of request of the person insured for a pension, or preceding his death, to be taken as a basis for the determination of the maximum figure on the Higher Indices Determination Table to be prepared in accordance with subparagraph (b) of paragraph (B) of the Supplementary Article 34 shall be calculated by taking the annual averages of the amounts for
 
One year for the first calendar year,
Two years for the second calendar year,
Three years for the third calendar year and
Four years for the fourth calendar year.
 

TRANSITIONAL ARTICLE 70- (Supplement: 20.6.1987-Law No: 3395/Art.17.  Annulled: by the decision of the Constitutional Court dated 26.10.1988, no. B.1988/19, D.1988/33)


TRANSITIONAL ARTICLE 71- (This provision of the Transitional Article 1, inserted by the Article 1 of the Act D.L.-277 dated 22/5/1987 and was numerated appropriately. Annulment: 09/5/1990-Law No. 3642/Art.1)
 

TRANSITIONAL ARTICLE 72- (This provision of the Transitional Article 2, inserted by the Article 1 of the Act D.L.-277, dated 22/5/1987 and was numerated appropriately. Annulment: 09/5/1990-Law No. 3642/Art.1)
 

TRANSITIONAL ARTICLE 73- (This provision of the Transitional Article 3, inserted by the Article 1 of the Act D.L.-277 dated 22/5/1987 and was numerated appropriately. Annulment: 09/5/1990-Law No. 3642/Art.1)
 

TRANSITIONAL ARTICLE 74- (This provision of the Transitional Article, inserted by the Article 1 of the Act D.L.-323 dated 27/5/1988 and was numerated appropriately. Annulment: 09/5/1990-3642/Art.1)
 

TRANSITIONAL ARTICLE 75- (Supplement: 16/02/1989-Law No.3522/Art.2) The invalidity, old-age and survivors pensions awarded to the persons who have acquired the title for the awarding of the pensions according to the transitional indicator under the Transitional Article 70,shall continue to be paid under the following conditions over the amounts calculated by taking as a basis the table of indices in the month of December 1988 as well as the coefficient 100 applied to the pensions of civil servants and the social support increment determined as TL.53000.
 
A)   No increase shall be made on these pensions due to the changes on the coefficient, table of induce and social support increment.

B)   As from the date on which the monthly amounts of the pension (including social support increment) to be entitled under the coverage of this Article, in case where the persons insured were not benefited from the title of indebtedness by virtue of the Transitional Article 70 will exceed the monthly amounts of the pensions paid to them (including social support increment); instead of these payments, the monthly amounts of pensions to be calculated by taking as a basis the current coefficient, table of induce and social support increment shall be paid.


TRANSITIONAL ARTICLE 76- (Supplement: 07/3/1991-Law No. 3702/Art.1. Amended: 6/5/1993-3910/Art.2)

   a) A compensatory payment shall be made in the amount equal to the difference between the pensions paying to the persons who have been in receipt of pension under the invalidity, old-age and survivors insurance schemes due to the fact that they have paid the indebtedness contribution in the amount of TL 4.200.000 or TL. 5.040.000 to the Institution by virtue of the Transitional Article 70 which has been cancelled by the decision of the Constitutional Court, as well as the rate for awarding a pension to be determined again, according to the Supplementary Article 35, by taking into consideration the number of the days of contribution paid by the insured persons according to the indicator (6400) and their age on the date of claim or death, and the pensions of invalidity, old-age and survivors to be calculated by taking as a basis the current coefficient. However, in case where a modification has been made in the indicators of those who were in receipt of a pension according to the indicator (6400) the difference arising from these modifications shall be reflected to the compensatory payment, in the same amount.
 
The compensatory payment to be made to those who have paid the contributions for indebtedness in an amount of lower than 4.200.000-Turkish Liras or 5.040.000-Turkish Liras shall be calculated in proportion to the contribution paid for indebtedness under the above mentioned conditions.
 
The compensatory payments shall be made monthly to the persons concerned together with their pensions during the period which they have been receiving invalidity, old-age and survivors pensions.
 
The compensatory payment made in advance according to the time of payment shall not be reclaimed in case of death.
 
   b) (Amended: 06/5/1993-Law No. 3910/Art.2) The compensatory payment to be made to the persons who were in receipt of a survivors pension shall be calculated separately for each allowance file making the payment of survivors pension possible and paid at a rate corresponding to the pension shares of the survivors.
 
   c) The compensatory payment shall not be taken into account for the calculation of marriage benefit to be paid, under the Supplementary Article l2,to the girls receiving benefits when getting married.
 
   d) The survivors of a pensioner who died after having the title for receiving the compensatory payment shall be subject to the same procedures mentioned above.
 
   e) The compensatory payment shall not be taken into account on the implementation of the provisions, regarding the calculation of the Act 2829 pertaining to the aggregation of insurance periods completed under the Social Security Institutions.
 
   f) The compensatory payment shall be exempted from all kinds of taxes, duties and revenues.
 

TRANSITIONAL ARTICLE 77- (Supplement: 07/3/1991-Law No. 3702/Art.1) All of the contributions paid through indebtedness to the Institution under the Transitional Act 70 shall be refunded to the persons who placed a written request with the Institution within one month following the date of entry into force of the present Act. The provision of the Transitional Article 76 shall not be applied as to the persons whose contributions have been refunded.
 

TRANSITIONAL ARTICLE 78- (Supplement: 05/3/1992-Law No. 3786/Art.1) If the persons whose voluntary insurances and group insurances concluded with the employers out of the Public Economic Establishments and municipal administrations continue, but, who have contribution debts as well as the default increment and interest loan;
 
   a) pay the contribution debts until the date of 15.4.1992, the l00% of the default increment and interests realised up to the date of payment,
 
   b) pay the whole contribution debts and 25% of the default increment and interests realised up to the date of payment, until the date of 15.6.1992,the balance of the default increment and interests,
 
   c) pay the whole contributions debts and 50% of the default increment and interests realised up to the date of payment until the date of 15.8.1992·, the balance of the default increment and interests,
 
   d) pay the whole contributions debts and 75% of the default increment and interests realised up to the date of payment, until the date of 15.10.1992, the balance of the default increment and interests; 
   Shall remised.
 
In case where the contributions debts unpaid until the date of 31.12.1991 have been paid partially within the period prescribed above, the provisions of first paragraph shall be applied on the default increment and interests realised up to the date of payment, for the paid contributions.
 
However, the default increment and interests collected before the date of entry into force of the present Act shall not be refunded and reckoned.
 
The employers whom compulsory execution has been applied for their contribution default increment and interest loans, pay 1/4 of their contribution debts unpaid as from the date of 31.12.1991, to the Offices or Institution up to the date of 15.4.1992, the follow- up of the execution, penal actions and lawsuits shall be suspended until the date of 15.10.1992; and the legal periods regarding these lawsuits shall not be run. If the employers pay the contribution debts, default increments and interests as well as the expenses of the execution and judgement to the Court Bailiff’s Offices or Institution under the conditions and terms prescribed in the first paragraph; the default increment and interests shall be remised according to the provisions of the first paragraph.
 
The provisions of the present Article shall also be applied for the employers who want to pay the contribution debts unpaid yet and to be paid by instalments, as well as the default increment and n interests, under the conditions and term mentioned in the first paragraph.
 
The Article 80 shall continue to be applied for the contributions unpaid under the conditions and terms mentioned in this Article.
 
If the employers who have default increment and interest loans postponed in accordance with the Decrees 277 and 323 having the power of law which have been repealed by the Act 3642 dated 09.5.1990, pay the 75% of  this loan up to the date of 30.6.1992; the balance of the default increment and interest shall be remised. The expenses of the execution shall claim from the employers for whom execution have been applied.

 
TRANSITIONAL ARTICLE 79-
The execution proceedings that have been involved until the date of entry into force of the regulation mentioned in the Article 80 should concluded according to the previous provisions.

The said regulation shall enter into force within one year, the latest.
 

TRANSITIONAL ARTICLE 80- (Supplement: 08/12/1994-Law No. 4056/Art.1) The persons insured who have been taken with the scope of the Act by virtue of the Supplementary Article 10 annexed to Act 506 dated 17.7.1964, who will have submitted to the Institution the indebtedness certificates, prescribed by the Institution and drawn up by the relevant employers, societies, associations, trade unions, foundations with related to the art activities and relevant public establishments in conformity with the procedures and verified by the Ministry of Culture, within a period in one year as from the date of entry into force of this Act, may have their total or part periods of employments regarding their professions recorded on such certificates revived through indebtedness provided that the amounts of the contributions due to be paid through indebtedness under the invalidity, old-age and survivors insurance schemes to be calculated by taking as a basis the minimum daily earnings, on the date of indebtedness, determined under the Article 78, must have been paid to the Institution in a lump sum.
 
The employment periods thus revived through indebtedness shall be added to the previous periods of employments for which contributions have been paid or premiums have been deducted and to the previous periods of indebtedness.
 
In cases where indebtedness cover any periods before the date of commencement of the insured status, the date of commencement of the insured status shall be carried back for as many days for which indebtedness covers.
 
The total of the employment periods which has been revived through indebtedness according to the other Acts pertaining to the indebtedness or to revived through indebtedness under the present Act shall not exceed 15 years.
 
The employment periods for which contributions has been pay to the Social Security Organisations and the employment periods completed under the age of 18 should not revived through indebtedness.

In case of the death of the insured person whose employment periods has been revived through indebtedness, the survivors shall pay the total amount indebted or the partial amount to be sufficient to acquire the title, under the conditions mentioned in the first paragraph.
 
If it established because of the investigation made by the Institution that the indebtedness certificates are incorrect, such certificates shall not be considered as valid and the procedures carried out according to these documents shall be cancelled.
 
Both the persons preparing such certificates and the insured persons concerned shall be obliged to pay to the Institution the loss suffered by the Institution as a result of that action in an amount to be 50% in excess of the original amount and together with the legal interest on such an amount. Penal prosecution shall also be carried out about such persons in accordance with the General Provisions.

 
TRANSITIONAL ARTICLE 81- (Supplement 25.8.1999-Law No. 4447/Art.17- E.D.: 08.9.1999) 

A) The provisions being in force before the date on which this Act entered into force shall be applied persons entitled to an old-age pension under the present provisions before the entry into force of this Act as well as the women who have insurance periods 18 years and over and the men who have insurance periods 23 years and over.
 
 B) The following mentioned person can be entitling to old-age pension by provisions to payment of premiums of the invalidity, old-age and survivors insurances;

a)   Except the ones under the scope of subparagraph (A), women who are insured for 18 years and more, completing 20 years of insurance and 40 years of age, men who are insured for 23 years and more, completing 25 years of insurance and 44 years of age, paying invalidity, old age and death insurance contributions for at least 5000 days,

b)   Women who are insured for more than 17 years and less than 18 years, completing 20 years of insurance and 41 years of age, men who are insured for more than 21 years 6 months and less than 23 years, completing 25 years of insurance and 45 years of age, paying invalidity, old age and death insurance contributions for at least 5000 days,

c)   Women who are insured for more than 16 years and less than 17 years, completing 20 years of insurance and 42 years of age, men who are insured for more than 20 years and less than 21 years and 6 months  , completing 25 years of insurance and 46 years of age, paying invalidity, old age and death insurance contributions for at least 5075 days,

d)   Women who are insured for more than 15 years and less than 16 years, completing 20 years of insurance and 43 years of age, men who are insured for more than 18 years 6 months and less than 20 years, completing 25 years of insurance and 47 years of age, paying invalidity, old age and death insurance contributions for at least 5150 days,

e)   Women who are insured for more than 14 years and less than 15 years, completing 20 years of insurance and 44 years of age, men who are insured for more than 17 years and less than 18 years and 6 months  , completing 25 years of insurance and 48 years of age, paying invalidity, old age and death insurance contributions for at least 5225 days,

f)   Women who are insured for more than 13 years and less than 14 years, completing 20 years of insurance and 45 years of age, men who are insured for more than 15 years 6 months and less than 17 years, completing 25 years of insurance and 49 years of age, paying invalidity, old age and death insurance contributions for at least 5300 days,

g)   Women who are insured for more than 12 years and less than 13 years, completing 20 years of insurance and 46 years of age, men who are insured for more than 14 years and less than 15 years and 6 months  , completing 25 years of insurance and 50 years of age, paying invalidity, old age and death insurance contributions for at least 5375 days,

h)   Women who are insured for more than 11 years and less than 12 years, completing 20 years of insurance and 47 years of age, men who are insured for more than 12 years 6 months and less than 14 years, completing 25 years of insurance and 51 years of age, paying invalidity, old age and death insurance contributions for at least 5450 days,

i)   Women who are insured for more than 10 years and less than 11 years, completing 20 years of insurance and 48 years of age, men who are insured for more than 11 years and less than 12 years and 6 months, completing 25 years of insurance and 52 years of age, paying invalidity, old age and death insurance contributions for at least 5525 days,

j)   Women who are insured for more than 9 years and less than 10 years, completing 20 years of insurance and 49 years of age, men who are insured for more than 9 years and 6 months and less than 11 years, completing 25 years of insurance and 53 years of age, paying invalidity, old age and death insurance contributions for at least 5600 days,

k)   Women who are insured for more than 8 years and less than 9 years, completing 20 years of insurance and 50 years of age, men who are insured for more than 8 years and less than 9 years and 6 months, completing 25 years of insurance and 54 years of age, paying invalidity, old age and death insurance contributions for at least 5675 days,

l)   Women who are insured for more than 7 years and less than 8 years, completing 20 years of insurance and 51 years of age, men who are insured for more than 6 years and 6 months and less than 8 years, completing 25 years of insurance and 55 years of age, paying invalidity, old age and death insurance contributions for at least 5750 days,

m)   Women who are insured for more than 6 years and less than 7 years, completing 20 years of insurance and 52years of age, men who are insured for more than 5 years and less than 6 years and 6 months, completing 25 years of insurance and 56 years of age, paying invalidity, old age and death insurance contributions for at least 5825 days,

n)   Women who are insured for more than 5 years and less than 6 years, completing 20 years of insurance and 53 years of age, men who are insured for more than 3 years and 6 months and less than 5 years, completing 25 years of insurance and 57 years of age, paying invalidity, old age and death insurance contributions for at least 5900 days,

o)   Women who are insured for more than 4 years and less than 5 years, completing 20 years of insurance and 54 years of age, men who are insured for more than 2 years, 8 months and 15 days and less than 3 years and 6 months, completing 25 years of insurance and 58 years of age, paying invalidity, old age and death insurance contributions for at least 5975 days,

p)   Women who are insured for more than 3 years and less than 4 years, completing 20 years of insurance and 55 years of age, paying invalidity, old age and death insurance contributions for at least 5975 days,

q)   Women who are insured for more than 2 years 8 months and 15 days and less than 3 years, completing 20 years of insurance and 56 years of age, paying invalidity, old age and death insurance contributions for at least 5975 days,

           
C) (Amended: 23.5.2002-Law No. 4759/Art.3 E.D.:01.6.2002)

a)   On 23.5.2002, people completing 15 years of insurance and if female 50 years of age, is male 55 years of age, paying invalidity, old age and death insurance contributions for at least 3600 days, can benefit from old age pension on their request.

b)   The ones who can not meet these conditions projected in subparagraph (a) could also benefit from old age pension if they meet the conditions below;

b-a) Ones meeting the conditions between 24.5. 2002 and 23.05.2005, 52 years of age for women, 56 years of age for men,

b-b) Ones meeting the conditions between 24.5. 2005 and 23.05.2008, 54 years of age for women, 57 years of age for men;

b-c) Ones meeting the conditions between 24.5. 2008 and 23.05.2011, 56 years of age for women, 58 years of age for men,

b-d) Women meeting the conditions after 24.5. 2011, completing 58 years of age, men meeting the conditions between 24.5. 2011 and 23.05.2014, completing 59 years of age, and

b-e) Men meeting the conditions after 24.5. 2014, completing 60 years of age.


   
TRANSITIONAL ARTICLE 82- (Amended: 25.8.1999-Law No. 4447/Art.17)

The pensions to be awarded to the persons who were insured before the effective date of this Act shall consist of the sum of the pensions to be calculated according to the following paragraph (a) and (b) .
 
   a) The pension of the insured person regarding the contribution payment periods until the effective date of this Act shall be determined as follows:
 
The part of the pension of the insured person to be calculated as of the effective date of this Act and according to the provisions before the effective date of this Act over the number of days of total contribution payment until the date of pension request in proportion to the number of days of total contribution payment until the effective date of this Act shall be calculated for the calendar years that have passed from the effective date of this Act until the commencement date of the pension by separately increasing it by the ratio of increase in the latest basic annual urban consumer price index announced by the State Statistical Institute as of December of each year and the development rate of the gross domestic product with constant prices.
 
The calculated old-age pension shall increased by the increase ratios in the basic annual urban consumer prices index announced by the State Statistical Institute for each month between the January of the year of written application for a pension allocation and the initial date of the calendar year of commencement of the pension.
 
   b) The pension of the insured regarding the contribution payment after the effective date of this Act shall be equal to the part of the pension of the insured person to be calculated according to the provisions of the Article 61 of this Act over the total days of contribution payment until the date of pension request proportional to the days of the contribution payment after the effective date of this Act.
 
   c) The sum of the pensions to be awarded to the insured person under the above paragraphs (a) and (b) can not be lower than the value of the pension of the insured person calculated as of the effective date of this Act according to the provisions before the effective date of this Act over the total number of days of contribution payment on the date of the pension request increased for the calendar years that have passed from the effective date of this Act and the date of pension commencement according to the ratio of increase in the latest basic urban consumer price index announced by the State Statistical Institute as of December of each year and according to the last paragraph of the Article 61 of this Act.
 
The pension of the persons entitled to the invalidity pension and the pensions of the survivors entitled to a survivors’ pension the effective date of this Act shall be calculated based on the provisions set forth in the above paragraphs, according to the provisions of the Articles 55 or 67. The invalidity and survivors’ pensions of the persons who do not have income to be taken as a basis for the contributions after the effective date of this Act shall be calculated according to the provisions before the effective date of this Act and awarded by being increased in accordance with the principles in the above paragraph (a). 
 

TRANSITIONAL ARTICLE 83- (Provisions of Article 83 by Law No. 616/Art.64 dated of 04.10.2000. Annulled: by the decision of the Constitutional Court dated 31.10.2000, B.2000/65, D.2000/38)

 
TRANSITIONAL ARTICLE 84- (Provisions of Article 84 by Law No. 616/Art.64 dated of 04.10.2000. Annulled: by the decision of the Constitutional Court dated 31.10.2000, B.2000/65, D.2000/38)


TRANSITIONAL ARTICLE 85- (Amended: 24.4.2003- Law No. 4832/Art.34. E.D.:01.5.2003)
Before this Law a put into force;

Provisions of subparagraph (a) of subparagraph (A) of paragraph No.1 of 85th article do not apply to;

a) Continuation of arbitrary insurance,

b) Acceptance of arbitrary insurance applications,

c) People who were arbitrarily insured before the date that this Law was put into force and who were in contribution debt, in case they pay their arrears together with the overdue interest their insurance continues; however, serving period pertaining to the unpaid portion of the debt do not count.


TRANSITIONAL ARTICLE 86- (Supplement: Article 54 of Law No.4958 dated 29.07.2003. E.D.: 06.8.2003)

Workplace records and employment reports can be accepted as given in time providing that the Institution is supplied with them in one month at the latest for the insured who are employed between 08/9/1999 and 31/12/1999 (including). During the mentioned period, administrative fines and overdue interests paid by employers who did not fulfil the responsibilities in the first paragraph of 8th article and in 9th article can count for contributions of the following months.


TRANSITIONAL ARTICLE 87- (Supplement: Article 54 of Law No.4958 dated 29.07.2003. E.D.: 06.8.2003)

506 In implementation of the alteration in subparagraph (b) of subparagraph (C) of 60th article of Social Insurance Law No.506, on the day this article in put into effect,

a)  For the ones insured for 12 years and more, no matter what their degree of invalidity is, the provisions that were effective before that Law was put into force.

People meeting the conditions below can benefit from old age pension as well:

b) Insured person who have employment periods more than 9 years and less than 12 years, and having II. Degree of invalidity completing 15 years and 8 months of insurance and paying 3680 days of contribution for invalidity, old age and death insurance,

Being insured for more than 9 years and less than 12 years, having III. Degree of invalidity completing 16 years of insurance and paying 3760 days of contribution for invalidity, old age and death insurance,

c) Being insured for more than 6 years and less than 9 years, having II. Degree of invalidity completing 16 years and 4 months of insurance and paying 3760 days of contribution for invalidity, old age and death insurance,

Being insured for more than 6 years and less than 9years, having III. Degree of invalidity completing 17 years of insurance and paying 3920 days of contribution for invalidity, old age and death insurance,

d) Being insured for more than 3 years and less than 6 years, having II. Degree of invalidity completing 17 years of insurance and paying 3840 days of contribution for invalidity, old age and death insurance

Being insured for more than 3 years and less than 6 years, having III. Degree of invalidity completing 18 years of insurance and paying 4080 days of contribution for invalidity, old age and death insurance

e)  Being insured for less than 3 years, having II. Degree of invalidity completing 17 years and 8 months of insurance and paying 3920 days of contribution for invalidity, old age and death,

Being insured for less than 3 years, having III. Degree of invalidity completing 19 years of insurance and paying 4240 days of contribution for invalidity, old age and death.


Transitional Article 88 – (supplement: 25.12.2003 – Law No.5035 /Art.46) With regard to the employers (obligators) requested to have their debts deduct from their receivables resulted from their Value Added Tax payments until enforcement date Article 32 of the Law No.4842 dated 09.04.2003 and second paragraph supplemented to Article 80, overdue interest shall not be applied for the period to be passed until deduction is carried out in accordance with the legislation of Value Added Tax.  The applied overdue interest shall be refunded to the employers in cash or deducted from the receivables of the Institution in frame of the rules and principles to be determined by the Ministry which Institution is attached to.

Transitional Article 89 – (Supplement: 28.01.2004 – Law No.5073 / Art.13) Invalidity, old-age and survivors’ pensions  awarded prior to 01.01.2000; and survivors incomes granted due to work accident or occupational disease; and pensions awarded or to be awarded in accordance with Transitional Article 82 shall not be less than the amount founded  by adding the increments made on the incomes and pensions as of 31.12.1999 through applying the provisions of Article 96 valid that was valid before the Law No.506  had been changed by the Law No.4447.

Transitional Article 90 - (Supplement: 28.01.2004 – Law No.5073 / Art.13) If daily earning of the insured, between 01.01.2004 and 30.06.2004, is under the lower limit of the daily earning determined in accordance with Article 78 of this Law, insurance contributions to be paid by the employer for the difference between the earning and lower limit and entire of the shares of the insured person and employer for unemployment and social security support contributions shall be covered by Treasury, provided that the documents with regard to the contributions accrued for the months between above mentioned dates should have been submitted until 02.08.2004 latest.

Minister of the Labour and Social Security is authorized to deduct the amount to be covered by the Treasury from the allowance transferred to the Social Insurance Institution from the relevant part of the budget of the Ministry of Labour and Social Security.

Rules and principles with regard to the payment of the contribution amount to be covered by Treasury to the Social Insurance Institution are jointly determined by the Ministry of Labour and Social Security  and Ministry of Finance and the Ministry to which  Treasury is attached.


SUPPLEMENTARY TRANSITIONAL ARTICLE 1- (Supplement: 15/4/1987-Law No. 3351/Art.1)
The insured persons employed under the present Act or those paying contributions to the voluntary insurance or to the group insurance schemes, who join the formal apprenticeship school situated within the public institutions and establishments and at military work places and who graduate their schools successfully, may revive, through indebtedness, the successful training and education periods completed before the date of 05.7.1977 in case they submit their written request for such action within a period of one year following the date of entry into force of the present Act, provided that they pay, within 2 years, the whole sum of the contributions under the invalidity, old-age and survivors insurance schemes, to be calculated by taking as a basis the amount of the lowest earnings taken into account, on the date of application, for the calculation of contributions in pursuance to Article 78 of the present Act.
 
The number of days corresponding to the period of indebtedness shall be added to the number of days for which contributions are paid, provided that, in case of indebtedness for the periods before the commencement date of the insured status determined in compliance with the provisions of the present Act, the date of commencement of the insured status shall be carried back for as many days as it has been revived through indebtedness.
 
The provisions of paragraph (G) of Article 60 shall not apply to the persons who were registered under the invalidity, old age and survivors insurance schemes, before the date of 01.4.1981.
 
In order that the period of indebtedness may be utilised under the invalidity, old-age and survivors insurance schemes, the whole sum undertaken to be paid shall be paid by the person concerned. However, in case the person insured dies during the period of application, pension shall be awarded to the survivors, upon their written request, as from the beginning of the month following the date on which the adequate amount of contributions to suffice for acquiring the title for the awarding of pension will have been paid.
 
The period of employment to be revived through indebtedness must be proved by the certificates the models of which prescribed by the Institution.
 

SUPPLEMENTARY TRANSITIONAL ARTICLE 2- (Supplement 31.5.2000-Law No. 4571/Art.1. E.D.:01.4.2000)
Minimum limit of daily earning bases account to taking premiums and giving allowances from 01.4.2000 to 31.3.2001 shall be 5.000.000-Turkish Liras. This minimum limit shall be increase in according to first paragraph of Article 78 as of 01.4.2001. However, Council of Minister are authorize for re-determine to this increase, take notice of target inflation duration to from 01.4.2001 to 31.3.2002.  Extra paid premiums of periods between the 01.4.2001 with publish date of this Law shall in an account for debt of premiums of the next period.

As of payment period came after the publish date of this Law, awarded incomes and pension in according to 96th Article shall bee calculated within the minimum limit in first paragraph.

(due to Transitional Article 1 by Law No: 4571/Art.5, dated 31.5.2000); (Monthly insurance notifications and premiums certificates of four months which determined amount by supplementary transitional Article 2 in according to above-mentioned 1st Article of this Act, before the date of entry force this Act, within the mentioned-periods in 79th Article of the Social Insurance Act 506, if given to Social Insurance Institution; Supplementary Transitional Article shall cover to these notifications and certificates.)


TRANSITIONAL ARTICLES NOT MENTIONED IN THE ACT506 DATED 17.7.1964

Transitional articles annexed to act 506 by Act 3279 on 29.4.1996
 

TRANSITIONAL ARTICLE 1- The pensions of the persons whose titles to pensions under the work accidents and occupational diseases insurance scheme and under the survivors insurance scheme before the entry into force of the present Act, and who had title to such benefits on the date of entry into force of this Act and of the persons who shall have acquired titles following the date of the entry into force of the present Act, shall be paid as from the beginning of the month following the date of their request, in case a written request is placed with the Institution.
 

TRANSITIONAL ARTICLE 2- The contributions which have not been paid for the persons employed in building, construction, repair, revision, installation and similar occupations within the boundaries of village which has been taken with the scope of the Social Insurance Act 506 before the date of entry into force of the present Act and taken out of the scope in accordance with the Article 1 of this Act, shall be remised.
 

TRANSITIONAL ARTICLE 3- The Council of Ministers shall have the power to make changes on the Table of Indices given in the Supplementary Article 20 annexed to Act 506 by Article 17 of Act 2422 dated 6.3.1981 and revised by Act 2934 dated 24.10.1983, in a manner to cover the following years up to the date of 31.12.1986.     
 
 



 
CHAPTER XV

FINAL PROVISIONS

Provisions Abolished   
Article 141-
The Acts 4772, 5502 and 6900 and the supplements and revisions made to those Acts, section 7th of Act 3008, Article 23 and the Transitional Articles 2nd and 3rd of Act 5953, Article 36 and the Transitional Articles 3rd and 4th of Act 6379 and Article 8th of 4792 amended by Act 5565 have been repealed.
 

Date of Entry into Force   
Article 142-
Article 126 of the present Act shall enter into force on 01 November 1964 and the other provisions shall take effect six months after the beginning of the month following the date on which the Act will be published.
 
However, the increments to be made in accordance with the provisions of Article 7, 17 and 18 and of Article 96 shall be paid upon the entry into force of the present Act, being calculated as from the first three-month period following the date of entry of into force of this Act.
 

Executive Authority   
Article 143-
The present Act shall be executed by the Council of Ministers.
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