24.06.2026 09:40
The General Assembly of the Court of Cassation has made a landmark decision affecting millions of citizens with service under different insurance statuses (SSK, Bağ-Kur, Pension Fund). The judiciary abolished the mandatory service consolidation imposed by the Social Security Institution (SGK), ruling that citizens can choose the statuses that enable earlier retirement and higher pensions, while excluding disadvantageous ones from the calculation.
A landmark court ruling has emerged that closely concerns millions of citizens who have paid premiums to different institutions such as SSK, Bağ-Kur, and the Pension Fund throughout their working lives. The General Assembly of Civil Chambers of the Court of Cassation has set a precedent for citizens who have suffered due to the Social Security Institution's (SGK) rule of "retiring from the institution where the most premiums were paid in the last 7 years," resulting in reduced pensions or delayed retirement.
A CASE THAT WILL SET A PRECEDENT FOR MILLIONS
Isa Karakaş, Chief Expert of SGK, who examined this critical ruling in his column in Türkiye Newspaper, emphasized that the process will set a precedent for millions of people. According to the case file subject to the ruling, a citizen had worked for 6,730 days under SSK, 450 days under the Pension Fund, and 2,092 days under Bağ-Kur on a premium basis.
The citizen, who applied for retirement in 2002, had more than fulfilled the 25-year insurance period and 5,000 premium days under SSK conditions. However, SGK rejected the retirement by stating, "Your last 7 years of service are predominantly Bağ-Kur, so you must retire from Bağ-Kur and complete 9,000 days," causing the citizen to wait another year and receive a lower pension. Consequently, the aggrieved citizen filed a lawsuit requesting that the disadvantageous Bağ-Kur days not be counted.
LABOR COURT INSISTED, COURT OF CASSATION FINALIZED
The Labor Court found the citizen justified, stating, "The insured cannot be forced to combine services; the will of the right holder must be prioritized," and ruled for the collection of the accumulated difference and interest. Although the Regional Court of Appeal upheld the decision, the file was sent to the 10th Civil Chamber of the Court of Cassation upon SGK's objection. The Chamber overturned the decision on technical procedural grounds.
However, the Labor Court insisted on its initial decision, stating that the essence of the case involved loss of rights. After SGK appealed again, the file came before the General Assembly of Civil Chambers of the Court of Cassation, the highest authority. The Assembly found the citizen justified in combining their Pension Fund and SSK days while excluding the Bağ-Kur service that caused harm, upheld the local court's resistance decision, and put an end to the matter.
A LEGAL REVOLUTION IN THE RETIREMENT SYSTEM
Isa Karakaş, Chief Expert of SGK, who described this outcome as a "legal revolution in retirement," summarized the rights brought by the Court of Cassation's decision to citizens with the following words:
"This decision is a gateway for thousands of citizens who have worked in different statuses for years and have been subjected to the harsh conditions of their last workplace. With this decision, the judiciary has stated, 'The rights and will favoring the citizen are essential, not the imposition of institutions.' Those with multiple insurance statuses can now demand the combination of statuses that provide them with the highest pension and earliest retirement, and they can exclude those they do not want from the system."