Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Republic Of Pension Fund Law Amending Law With Some Laws In

Original Language Title: Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. TÜRKİYE CUMHURİYETİ EMEKLİ SANDIĞI KANUNU İLE BAZI KANUNLARDA DEĞİŞİKLİK YAPILMASINA DAİR KANUN

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k6270.html

Law No. 6270

Acceptance Date: 17/01/2012

Article 1 dated 06.08.1949 and numbered 5434 article 89 of the Republic of Turkey Retirement Fund Law has been amended as follows.
"ARTICLE 89- The service time of all of this Act and / or the 05.31.2006 dated and 5510 Social Security and General Health Insurance Law of the provisional Article 4 of the context of recently retired, ordinary disability or act connected pension for disability Or, wholesale payments soldiers and civilians all associates, a monthly pension amounting to binding basis for each year of actual service provided as a full retirement pension.
While entering the first paragraph scope of this Act and / or 5510 Provisional Article 4 of the scope of services with the abrogated 2829 on Social Security Institution to the course as the last service of the Law on Unification of Article 8 of retirement on their terms of service, combined according to old age or while those connected invalidity pension; this Act or 5510 Provisional Article 4 Subject to the provisions apartments subject to this Act, organizations and partners in the work, 25/8/1971 dated 1475 of the Law Article 14 on the condition that came to an end in accordance with the conditions for entitlement to the defined benefit retirement pension is paid.
Second paragraph shall be paid in accordance retirement bonus, this Act or the 5510 pension Provisional Article 4 in the within the scope of the task in a limited passing each full operational year of service time they leave these tasks deduction basis paid considering factor in the start date and salary through monthly amount . Law No. 2829 abolished 12th article first sentence of the first paragraph of this Article contrary to the provisions of the last sentence of the third paragraph does not apply.
In the calculation of retirement bonuses to be given according to the above paragraph 30 actual years of service to the more than with the repealed 2829 Act No. 8 pursuant to Article combined service period will be paid to those pension on retirement bonuses account in this Act or 5510 Provisional Article 4 of the provisions subject to this Act subject circle, subsidiaries and associated companies in the past and the 1475 Law Article 14, according to past service period, which ended in a way that does not require the payment of severance pay and regardless of all sorts previously the business end of pay or with being in the nature of a different name, compensation or severance pay and paid time It does not consider the time of his retirement bonuses paid. However, there has been applied in the repealed 2829 Act No. provisions of this Act or the 5510 Act other insurance accounts of state scope of work without the retirement pension the basis of the actual service time between the services covered by the temporary Article 4 does not search terms in the 1475 Law Article 14.
To be taken into account in the determination of essential services takes account of retirement bonuses, except for connecting to retirement or invalidity pension for those ends for any reason, tasks, the reason for the termination of the duty to notify dry in writing with proof in this case and stored in their personal file is mandatory. yararlandırılmaz second paragraph from the provisions do not meet this requirement.
From associates, at the end of the waiting period stipulated by law kadrosuzluk or retired due to age limit and those shipped with the task of deaths due rights connected disability pension, according to the duty disability retirement procedures to those provisions applied; the coefficient taken as the basis for calculating the retirement pension within three months following the date they are entitled to a pension under this Act occurs that due to future increases in bonuses difference with the first fiscal year of the first month of other factors beyond the coefficients occur in the future increase, the coefficients in force at that time to be found by applying bonuses differences, It paid separately according to the provisions relating to retirement pension. However, if the increase in the coefficient made within three months from the date they are entitled to monthly, the first increase bonuses arising from differences in the following coefficients will be held within six months is paid to them also.
Retired, ordinary disability or act all the bonuses will be calculated based on the above principles for participants who died without making lump sum payments Or, you can connect disability pension, monthly or lump-sum payment to eligible widows and orphans, will be paid in proportion to the Act repealed 68 th of shares shown in the article.

After receiving the Retirement bonuses associate status in the re-entering of leaving again to retire, only to later retirement pension based on the above principles in the provision of services are paid last. So far, to post the services to previously awarded the prize also the total actual length of service received basis for the calculation of bonuses accrued can not be more than 30 years and previously no way bonuses difference to those who paid retirement pension for 30 years of services will not be paid.
About retirement bonus of 88 within the scope of Article repealed this Act shall be covered by the above provisions.
Social Security Agency will be accrued or the date of death to those who died without receiving a monthly retirement pension of the deceased without deserving widows and orphans bonuses associates will be paid to the legal heirs.
This matter in accordance with the Social Security Institution paid retirement pension, their own institutions to the Court and Council of State will be held on the bill is paid by the agency which issued the approval for the others retired. The privatization of the discontinued operations, closed or liquidated are to be borne by public administrations retirement pension amount, pensioners paid by the Treasury in exchange for referral without seeking approval and invoice. the payment to the Social Security Agency in accordance with this paragraph within two months after the regulation bill must be transferred to the Social Security Administration.
Retirement pension of the deceased will be paid to eligible charged with the above paragraphs shall apply. "
Article 2 of Law No. 5434 has been added to the following temporary items.
"TEMPORARY ARTICLE 223- before the effective date of this article, the repealed 2829 Act No. 8 of Article retirement on their terms of service, combined according to old age or to the beneficiaries of the deceased who connect to invalidity pension, to give up the legal proceedings against them and, if any of this Law the terms of article 89 in accordance with the same rules and procedures in the presence retirement pension is paid. In case of cancellation of the trial courts to award attorneys' fees to be charged by the Agency is not in favor of the Social Security Administration.
This Act or with the service intermittently under the 5510 Provisional Article 4 and this article from working in the same context, the date of entry into force after the date of entry into force of this Article pensions, old age, invalidity and widows and 89 th about to be connected to an orphan's pension the implementation of the fourth paragraph of the article, this article is not required conditions in the 1475 Law Article 14 for the previous intermittent service period from the date of entry into force. "
ARTICLE 3 16.05.2006 dated and 5502 the Social Security Administration Act in the third paragraph of Article 28 area "50 people" to "80 people" has been replaced with.
Article 4 of Law No. 5502 is included in the following sentence of the sixth paragraph of Article 35.
"However, economic conditions, authorized the Board of Directors to determine the rental value of the consideration."
Article 5 31.5.2006 dated 5510 Social Security and General Health Insurance Law, the title of Article 43 "Presidency of Turkey Grand National council Presidency, the Prime Ministry and Turkey pensions of those in the Grand National Assembly membership of duty "as amended, the following paragraphs have been added and existing sixth paragraph of the article has been amended as follows to come after the fifth paragraph to the article.

"Outside the ministry or the Grand National Assembly of Turkey membership to those found in the office or the office of any reason to end those, Law 26, 28, 44, temporary 2 and provisional Article 4 in accordance with month to connect to qualify and at least 2 years in these tasks if they were found, 27, 29, temporary 2 and temporarily 4th no less than the monthly amount will be calculated according to the article, the President being paid with a monthly allowance of 40% based on a rate of 42% of the pension to be connected to the President of invalidity, paid retirement or old-age pension . to be paid monthly according to the provisions of this paragraph, outside the ministry under the temporary Article 4 before the entry into force of this article or Grand National Assembly of Turkey membership of the task on the basis of disability or excluding those paid pension, invalidity pension or old age pension linked to those with monthly non-binding terms of having at least 2 years, Prime Ministry Undersecretary precedent on insurance premiums or temporary Article 4 have been paid under the provisions institutions retirement deduction is mandatory.
While receiving pension are determined according to the above paragraph or outside the ministry or Turkey during the Turkish Grand National Assembly membership of duty or those who died after the end of this task to the beneficiaries with the conditions set out in this Act, be for 2 years has been found in these duties and insurance premiums or retirement deduction and corporate money must be paid regardless of the terms as laid out in the paragraph above, is calculated on a monthly basis according to this article is connected death pension or widows and orphans.
However, outside the ministry or the Grand National Assembly of Turkey membership to those found in the mission to the beneficiaries of the deceased of them, 27, 29, 33, temporary 2 and temporarily 4th calculated according to Article monthly, six monthly and is less than the difference between the connected in the seventh paragraph, the Treasury is charged. "
" monthly that are connected under this Article shall be paid recalculated due to the change in the monthly allowance is being paid to the President and this month do not apply Article 55 of the second paragraph of Article. "
Article 6 the 5510 Law Article 60 of the seventh sentence of the first paragraph "30 days" to come before the phrase "one in three" has been added.
Article 7 of Law No. 5510, Article 64 of the following paragraph (d) has been added.
"D) According to Article 63 of the method, type, amount and health services are excluded from the scope of the determination result of the Agency financed to health services to life."
ARTICLE 8 5510 of the Law No. Article 65 was added the following sentence to the first paragraph.
"The Authority deems necessary to this paragraph in accordance with people's access to services, are authorized to provide methods like purchasing and leasing services."
Article 9 5510, second paragraph of Law No. Article 68 is amended as follows.

"Participation share, in the first paragraph (a) 2 is applied to health services in Turkish Lira in me. Participation share, (b) and (c) reducing the unnecessary use of health services in me, as the quality of health services it is vital, personal earnings base by taking into consideration the amount of income and salaries and other criteria to be between 10% to 20% of as determined by the Authority. Besides, the Authority stated in paragraph (c) of paragraph specified in the health services, family physician prescriptions, including prescriptions in the three pen / three boxes to drug / medication for 3 Turkish Liras for each additional item / box including 1 Turkish Lira for drugs the fee is authorized to practice. injectable forms account for the contribution box, drugs and nutrition products to be determined by the Authority with serum ignored. Institution of the first paragraph (a) to determine the contribution rate that I need; The primary health care service to take the examination in the server or to set lower amounts, or again in paragraphs (a) to bring the amount determined for subparagraph, secondary and tertiary health while in examination of service providers step in which the application was that involved health care providers, public health care providers and the lack of private health care providers in nature, is authorized to determine other issues such as whether different remedied as the referral of the steps to increase up to ten times considering and health care providers. The first paragraph (d) contributions of up to 1% of health care costs can be specified in item. to receive its participation detected up to 1%, the Agency is entitled to download up to half. Institutions, 1 Turkish Lira specified in this paragraph, 2 Turkish Lira and 3 Turkish Liras, 4/1/1961 213 dated Tax Act to the revaluation rate determined in accordance authorized to increase every year. "
Article 10 Law No.5510 70 the following sentence is added to the second paragraph of Article.
"Article 60 of paragraph (c) of paragraph (1), (3) and (9) the number was lower among those listed in paragraphs dry with contracted universities and exceptional circumstances, in particular health care servers and can conditions apply principles and procedures relating to the application by the Authority determined. "
5510 Article 11 second paragraph of Article 102 of the Act is amended as follows.
"The Court's decision, the supervision and control by designated officers the findings or of the audit staff of other public administrations to be made in accordance with its legislation, investigations, audits and inspections for or except those issued pursuant to documents obtained from public authorities, after the legal period of the declaration or document concerned by granting itself within 30 days, and relevant officials of these penalties from the day following the notification date to be made if paid within 15 days, the matter of paragraph (a), (b), (g), (h) and (j) provided for in paragraph penalty is applied at a rate not exceeding the amount corresponding to the four. "
Article 12 of Law No. 5510 has been added to the following additional substances.
"Additional Article 7- Turkey Grand National Assembly members with the task of those appointed from outside the ministry, although it ended, the elderly, those who qualify to connect retirement or invalidity pension, the Law Article 4 of the first paragraph (c) insurance relationship to be established under subparagraph of this duties apply to the Authority within 30 days from the date of the end, and that requires to be insured in terms of long-term insurance branches under this Act a job if they work, Grand National Assembly of Turkey membership or outside the ministry due to be paid allowances associated the period following the expiration month to start from the beginning 4 years long maintained the same coverage and pay the insurance premium Article 80 of the Law of the Prime Ministry Undersecretary for calculating the gain on the designated primary third paragraph. In this way, the calculation of insurance premiums, including share of the insured, Grand National Assembly of Turkey on the invoice issued by the Authority for the quarterly period covered by the budget. to connect to those who fill in the number of old-age pension at an early age should be completed by premium payment days according to the provisions of this paragraph shall cease to pay the insurance premiums.

Turkey Grand National Assembly members, although it ended the task of those appointed from outside the ministry, elderly, who qualify to connect retirement or invalidity pension and long-term is a dismissal of employees required to be insured in terms of the insurance arm of the insurance premium shall be determined in accordance with paragraph with earnings amount this Law Article 80 or temporary 4 to detect when the earnings base or pension deduction basis, including the share of insurance for the difference between the pension insurance premiums for the actual work that work in accordance with Article retirement deduction and corporate money gaps, time to be determined in accordance with paragraph and procedures based on Grand National Assembly of Turkey shall be paid from the budget.
Insurance premiums, Grand National Assembly of Turkey while a job working requires to be insured in terms of long-term insurance branches according to the law within the period will be met from the budget of those who ended up in this work from 4 years to exceed the session and application date will be determined according to the provisions of first paragraph the same rules and basis will benefit from the first paragraph.
The first, second and third paragraph shall, Grand National Assembly of Turkey membership or that were externally appointed as ministerial task ends, the elderly, those who qualify to connect retirement or invalidity pension, are covered by the provisional Article 4 of the Law, 5434 Republic of Turkey Retirement Fund It will be continue to be paid according to the Law also apply to deductions for retirement provision institution.
4-year institutions with the provision of insurance premiums or pension deductions Turkey's application for the meeting of the Parliament's budget can not be exploited for more than a year.
According to the provisions of this article, all of the money institution insurance premiums or retirement deductions of Grand National Assembly of Turkey for the period covered by the budget are not taken into account in determining the basis of time retirement bonus account. Although mentioned in paragraph 4 the end of the annual period of pension or retirement at an early age the number of premium payment days required to be completed by or actual service life insurance premium for the remaining period of his who did not complete earnings or retirement deduction on the monthly amount that can be connected pension will be determined in accordance with paragraph not less than the amount.
Turkey Grand National Assembly members with the task of those appointed from outside the ministry, although it ended, specified in paragraph 4 year period at the end of the age, those entitled to connect retirement or invalidity pension, the employees to be required to be insured in terms of long-term insurance branches or optional insurance earnings of the insurance premiums or retirement deduction on the basis of the monthly amounts not less than the amount to be determined in accordance with paragraph. Moreover, this amount with the 80 th article of the Law or temporary Article 4 in accordance actually identified to operate the business owned earnings base or retirement deduction on the basis of the share of employers about the difference between monthly or corporate money difference is paid by them. "
ARTICLE 13 5510 provisional Article 7 of the following paragraph has been added.
"Law No. 4956, dated 07.24.2003 as amended by Article 48 of Law No. 2926 dated 10.17.1983 annulled Article 2 of the provision also applies to pre-date 8/2/2003."
ARTICLE 14- the following paragraph has been added to the end of the provisional Article 14 of Law No. 5510.
"Before the beginning of October 2008 and retired by the 5434 Act still before that date an independent lawyer or notary of the first paragraph of this article of the month of that (b) social security support premium, according to the provisions of sub-cut."
ARTICLE 15 5510 the following provisional article has been added to Law No.

"Provisional Article 37- 19/05/2011, as a result of the earthquake that occurred in the 23/10/2011 and 11/09/2011 dates for the remaining insured deceased insured disability, invalidity or in relation to the period preceding the date of the earthquake that caused death at least 30 days of invalidity, old age and survivors insurance or a monthly deductions with money paid and the Law of the insured registration process for that period to be made prior to any insured period of notice from the resulting circumstances Without prejudice to the earthquake date, provided under the Law premium payment period of service, prime and non-prime related debt and other conditions in accordance with the provisions of this Act relating to insurance period regardless Authority a pension which they or their respective owners. In this way connected stipulated in the Law concerning the monthly premium deductions or missing part of the money paid to the Authority by the Ministry of Finance. The principles and procedures in the Ministry of Labour and Social Security matters are determined jointly by the Ministry of Finance and Treasury.
Paragraph injured as a result of earthquakes in the scope or replacement will be given to cripple the rest, orthotics, vehicles and equipment will not be a contribution to costs. "
Article 16 of Law No. 5510 has been added to the following temporary items.
"Provisional Article 38- 42% in Article 43 of this Law shall be 45% until new legal regulations.
Parliament any reason, who ended this task than those previously found in the duties mentioned in the third paragraph of Article 43 of this Law, the effective date of this Article, the National Assembly, the Senate, the House of Representatives and the Consultative Assembly of Presidents of the date on which the entry into force of this Article this Act beginning of the month that benefit from the provisions of Article 43.
Still those who paid for seats based on the pension of the currently assigned to or from outside the ministry, which previously ended the legislature membership of tasks with this matter at the date of entry into force of Grand National Assembly of Turkey membership duties with ongoing, its ability to qualify for a pension under this Law Article 43, 2-year time requirement mentioned in the first sentence of the sixth paragraph of the same article is not required.
Before the date of entry into force of this article Grand National Assembly of Turkey membership and although it ended ministry he was appointed to the outside, disability, those entitled to connect to old age or retirement pensions, this Law Article 4 of the first paragraph (c) or of the ongoing relationship insured under subparagraph retirement deductions arising from this insurance relationship within this context the need to establish relations, insurance and corporate provisions, the rules and procedures within the framework determined by the addition of Article 7 of this Act from the date of entry into force of these substances if they apply to the Authority within 60 days, starting from the following menstrual applications for 4 years Grand National Assembly of Turkey shall be covered from the budget.
This article is not based on any payment made retroactive and can not be claimed retroactively. "
Article 17 of the Labour Law No. 4857 dated 05.22.2003;
A) in the first paragraph of Article 99 "of fifty million pounds fine" to "one hundred and ten of the Turkish Lira administrative penalty" shape,
b) in the first paragraph of Article 100 "of two hundred million pounds fine" phrase "dörtyüzell Turkish Lira administrative penalty" shape,
c) 101 in the first paragraph of Article "seven hundred and fifty million pounds fine" to "binyediyüz Turkish Lira administrative penalty" shape,
d) of the first paragraph of Article 102 (a) as stated in paragraph "a hundred New Turkish Lira" to "yüzyirmibeş Turkish Lira" form, (b) as stated in paragraph "two hundred million pounds fine" to "dörtyüzell Turkish Lira administrative penalty" shape, (c) involved in clause "hundred million pounds fine" to "ikiyüzyirm Turkish Lira administrative penalty" shape,
d) in the first paragraph of Article 103 "one hundred million pounds fine" to "ikiyüzyirm Turkish Lira administrative penalty" form, || | e) in the first paragraph of the 104 Article "five hundred million pounds fine" to "binikiyüz Turkish Lira administrative penalty" as, in the second paragraph "one hundred million pounds fine" to "ikiyüzyirm Turkish Lira administrative penalty" shape,

F) 105 th article of the first paragraph (a) and (b) reads: "Two hundred New Turkish Liras in me" phrases "two hundred and fifty Turkish Lira" shape, (c) Located in paragraph "a thousand New Turkish Lira" used "in binikiyüzelliş Turkish Lira "shape, (d) as stated in paragraph" a thousand New Turkish Lira "to" binikiyüzell Turkish Lira "," five hundred New Turkish Lira "to" beşyüzell Turkish Lira "shape,
it has been changed.
Article 18 dated 21/09/2006 and the Vocational Qualifications Authority Act 5544 of the first paragraph of Article 26 (d) has been amended as follows.
"D) income to be derived from natural or legal person in the organization's services to be provided to national and international level."
Article 19 of Law No. 5544 has been added to the following temporary items.
"Provisional Article 3 (1) Article 26 of paragraph (a) of the organizations mentioned in paragraph 2007, 2008, 2009, 2010, 2011 and each of the General Assembly representatives, including separately for Corporate dues amount by the year 2012 every year per the date of entry into force of this Article shall apply as twenty times the current gross monthly minimum wage. In this context, the right to receive relevant institutions to institutions located in the amount of the remuneration paid to the said year for the excess amount of the fee is determined by these regulations are not born again.
(2) in the first paragraph of the institutions mentioned, the same paragraph of the total dues of debt structured according to the principles and 2012. dues on 31.12.2012 until the Authority to pay into fee debt default fine and default interest will be charged. "
Article 20 of this Law;
A) Article 14 of 2.1.2012,
b) on Article 12 of 1/3/2012,
c), 5 and 16 of Article 1 with effect from the date of 1/1/2012 / 3/2012,
d) the date of publication other items, will enter into force
.
Article 21 of this Law shall be enforced by the Council of Ministers.