Constitutionality Review

3/3/2021
Press Release No: Plenary Assembly 6/21
Press Release concerning the Decision Annulling the Provision Entailing Those Seeking Entitlement to an Old-Age Pension to Quit Their Current Job
The Constitutional Court, at its session dated 14 January 2021, found unconstitutional and annulled the phrase “… upon quitting the job they currently occupy…” included in the Repealed Article 62 § 1 of the Social Insurance Law no. 506 (file no. E.2019/104). |
Contested Provision
The contested provision envisages that any person insured and working under an employment contract quit his current job so as to seek entitlement to an old-age pension before the Social Insurance Institution (“the Institution”).
Ground for the Request for Annulment
It was maintained in brief that the contested provision was unconstitutional as it entailed those seeking an old-age pension to quit their current jobs, which was thus in breach of the right to work.
The Court’s Assessment
The contested provision sets a condition which requires those insured, who are working under an employment contract and seeking entitlement to an old-age pension, to quit their current job before lodging a written application with the Institution. It thereby aims at registering the change in the insurance status of those concerned in the workplace’s and Institution’s records in a proper and sound manner, as well as at ensuring the regular functioning of the social insurance system.
However, the practice whereby those insured are transferred to passive insured status without the need for quitting their job and their premium payments are arranged accordingly does not have an unfavourable bearing on the proper and regular functioning of social insurance system.
Either the person insured, who seeks entitlement to an old-age pension, or the Institution may inform the relevant employer of the request for an old-age pension, and thereby, the records of both the Institution and the employer may be re-formulated accordingly.
Besides, pursuant to Repealed Article 31 of Law no. 506 and Article 42 of the Law no. 5510 on Social Insurances and General Health Insurance, the requests for entitlement to an old-age pension shall be replied in written, by the Institution, within at the latest 3 months by the date when the necessary documents and examinations are completed.
In consideration of the requirement introduced by the contested provision that those insured are to quit their current jobs so as to seek entitlement to an old-age pension, it appears that the provision in question leads the insured to be deprived of any income during this three-month’s period.
Although it is possible to make a retrospective payment to the insured for such period if entitlement to an old-age pension is granted, this would not provide a complete redress for the grievances sustained by the insured for being deprived of an income for months. Therefore, the contested provision is not proportionate.
Consequently, the contested provision has been found unconstitutional and therefore annulled.
This press release prepared by the General Secretariat intends to inform the public and has no binding effect. |