The Supreme Court made a remarkable decision for citizens who have been waiting for early retirement within the scope of EYT for years. It was stated that the decision, which particularly concerns farmers who were not registered with SSI despite the premium deductions made on agricultural products in the past, could open the door to a new era in the retirement process. Former SSI Chief Inspector İsa Karakaş evaluated the details of the precedent decision given by the General Assembly of the Supreme Court of Appeals and said that citizens who have a producer’s receipt can push back their insurance start dates.
In the incident that formed the basis of the decision, it was stated that although a premium deduction was made on the cotton sold by a farmer in 1994, SSI registration was not established. The farmer submitted the producer’s receipt for the sale of the product to the court and requested that the insurance start date be accepted as 1994. It was stated that if this request is accepted, the citizen can retire within the scope of EYT without being subject to age requirements.
THE DECISION OF THE LOCAL COURT IS REVERSED The first instance court emphasized that the right to social security is a constitutional right and stated that premium deductions from product sales clearly reveal the citizen’s will to be insured. The court also decided that SSI was obliged to register this person ex officio. However, upon the objection of SSI, the file was taken to appeal. The Regional Court of Justice overturned the local court decision, citing the fact that the deducted premiums were not transferred to SSI accounts.
After the file was brought to the Supreme Court of Appeals, the 10th Civil Chamber overturned the appeal decision on the grounds that there was an incomplete examination. Finally, the General Assembly of the Supreme Court of Appeals made important evaluations by deciding in favor of the farmers. The Board stated that the responsibility for checking whether the premium deduction is deposited to SSI belongs to the institution making the deduction and SSI, not to the citizen.
THE ROAD TO RETIREMENT HAS BEEN OPENED WITH THE PREMIUM DECISION. The decision also emphasized that the premium deduction made during the sale of the product shows the person’s will to be included in the social security system. For this reason, it was stated that the fact that the premium is not recorded in the SSI records cannot constitute an obstacle to the start of insurance. Experts evaluate that many people, especially those who had premiums deducted from agricultural products before September 8, 1999, but were not registered with SSI, may be entitled to retirement within the scope of EYT, thanks to this precedent decision.
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