Q: In January 2004, I started working as a contract health worker, health officer, anesthesia technician in a state hospital affiliated to the Ministry of Health under Act No. 4924. With the application submitted to us, I have chosen the option of retirement as a pension fund. In July 2011, we were hired by a law passed by Parliament and our salaries were reduced by 70%.
1. Am I considered a government employee before 2008?
2. Is my pension as per the law enacted in 2008?
Or under the previous law and the Pension Fund Act of 2008?
Will pension and bonus be given?
How did one retire from 4 / B in 2004 and then become a government employee?
Today, two different systems are applied to social security applications for civil servants. The first is the officer subject to 5434, and the second is the officer subject to 5510 ৷
The most important condition that makes civil servants subject to 5434 is that they must start as civil servants before October 2008 or have jobs like reserve officer, alternate teacher, honorary imam, who are considered as government employees. For those who do so, the provisions of 5434 apply to both the retirement age and the pension system.
The situation that allows civil servants to be subject to 5510 is that before October 2008, individuals did not have any civil service, such as reserve officers, alternative teachers, which is considered a civil service service. Thus, those who started working as government employees for the first time since October 2008 are fully subject to 5510 in both retirement age and pension system. Only for those who have services such as workers and businessmen before October 2008, 5434 is applied to the retirement age account, but 5510 is applied to the pension system, there is no change.
Within the scope of Act No. 657 4 / B, those who work under contract are equal to civil servants in terms of working conditions, but those employees who are sent from SSI premium worker status. The regulation determining the conditions of work is subject to the conditions specified in the policy relating to the recruitment of contract workers, which was issued with the decision of the Council of Ministers dated 6/6/1978 and No. 7/15754. To see the relevant regulations, please see https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=715754&MevzuatTur=21&MevzuatTertip=5.
Our assessment of your question in terms of our brief explanation:
Question 1. Am I considered a government employee before 2008?
Answer 1- Prior to October 1, 2008, government employees, reserve officers, alternative teachers, etc. If you do not have such services, you will be subject to Act No. 5510 In the case of retirement services and retirement age, the provisions of section 39 of Act 5434 apply and you must have 25 years of service and 60 years of age to be eligible for retirement.
Question 2. Is my pension as per the law enacted in 2008? Or will the pensions and bonuses be paid in accordance with the pre-2008 law and the Pension Fund Act?
Answer 2- Your pension is calculated in accordance with Act No. 5510, that is, the average earnings subject to premium over the entire working period is taken as a basis. In short, the pension account: Average monthly income x monthly bond rate formula is applied.
However in the retirement bonus account The calculation method of Act No. 5434 is applied. Indeed, Decree Act No. 632, issued in 2011, states, “The scope of this article does not cover the termination of employment of persons employed in the civil service. Excluding, given, dated 8/6/1949 and numbered 5434 এটি This is taken into account in calculating the total period of service based on retirement ৷ Bonus must be paid in accordance with the law of the Retirement Fund of the Republic of Turkey. Methods and principles of retirement bonus are specified in both section 89 and additional section 82 of the Act No. 5434, which was applied to government employees for the first time since 2008 ৷ that is, in calculating the amount of retirement bonus, Salary, seniority pension, special service pension, government employee salary are calculated by applying coefficient elements.
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