28.02.2026 10:30
The Court of Cassation has made the final decision for those entitled to receive both widow and orphan pensions. The Court emphasized that the date on which the right arises should be taken into account, stating that the law in effect in 2008 should be applied in the relevant case. For this reason, it ruled that a citizen cannot receive death pensions simultaneously from both their spouse and their father.
The Supreme Court has had the final word in the frequently discussed "double salary" debate in the social security system. A woman receiving a widow's pension after the death of her husband requested a second salary through her deceased father. The Social Security Institution (SGK) rejected the application, and the case was taken to court. The first-instance court rejected the request. However, the appellate court ruled that the second salary should be granted, stating that the father had passed away before 2008. The case was brought to the Supreme Court.
SUPREME COURT PUT AN END TO "DOUBLE SALARY"
The General Assembly of Law emphasized that the date when the right arises should be taken into account. The Supreme Court stated that the woman's right to receive a salary from her father arose with the death of her husband after 2008, and therefore, the provisions of Law No. 5510 would be applied. This law does not allow for the simultaneous granting of two death pensions from both the spouse and the father. The decision serves as a precedent for those in similar situations.
"THE THOUGHT THAT 'MY RIGHT IS VALID' DOES NOT ALWAYS APPLY"
Former SGK Inspector İsa Karakaş commented on the issue in his column in Türkiye Gazetesi. Karakaş stated that the conditions belonging to the insured are determined by the date of death, while the conditions related to the right holder are determined by the date when the "right holder status is acquired." He noted that since the husband's death occurred after October 1, 2008, the legislation in effect at that date is valid, and the law only allows for the higher amount to be preferred.
Karakaş stated, "This decision shows that the thought 'my father had died before, my right is valid' is not always applicable. The law in effect on the date when the necessary conditions for a second salary, such as 'remaining a widow' or 'leaving work,' are met determines the second salary that will enter your pocket. In terms of the sustainability of the system, the legal clarity regarding the limitation of double pension payments and the application of current laws has been established."