A landmark decision from the Constitutional Court regarding retirement.

A landmark decision from the Constitutional Court regarding retirement.

30.05.2025 10:42

The Constitutional Court has made an important decision regarding the right to retirement. According to the ruling, which will serve as a precedent for millions of workers' retirement applications in the future, the Constitutional Court has ruled that the costs of delays in retirement processes caused by the Social Security Institution (SGK) cannot be imposed on citizens.

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The Constitutional Court (AYM) found it unconstitutional to charge citizens for delays made by the Social Security Institution (SGK) in retirement processes. The decision could pave the way for thousands of applicants who were unjustly penalized in the past.



LATE SGK REQUESTED REFUND OF OVERPAID SALARY FROM CITIZENS



In the case in question, a citizen submitted their retirement application on time, but SGK delayed the processes. Later, it was claimed that "we overpaid salaries," and a refund was requested from the citizen, leading the matter to be taken to court.



"THE INSTITUTION'S DELAY IS NOT THE FAULT OF THE CITIZEN"



According to a report by Türkiye Gazetesi, the Constitutional Court emphasized that despite the application being made on time, the delay in processing was the institution's fault, ruling that the citizen cannot be held responsible. The court stated, "The institution's mistake cannot come out of the citizen's pocket."



COLLECTION OF DELAY FEES FOUND TO BE UNLAWFUL



According to the decision, the "delay fee" charged to citizens due to delays caused by SGK is against constitutional rights. A precedent-setting decision has emerged for citizens in this situation.



GAVE HOPE TO THOSE SEEKING RIGHTS IN RETIREMENT



Experts believe that this decision by the AYM could open new avenues for thousands of people who have been victimized due to SGK-related errors. Additionally, it serves as a warning that will ensure institutions take their processing time responsibilities more seriously.



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