The Effect of Age Reduction Cases on Insurance and Retirement
Court decisions on age correction will have their provisions and consequences from the moment the decision is finalized. For this reason, age correction procedures performed after the date of the person’s first entry into the Social Security Institution regarding insurance, as a rule, will not be taken into account in insurance transactions.[2] With the opposite idea, age adjustments made for the first time before becoming insured subject to long-term insurance arms will be considered valid by the SSI. Social insurance and General Health Insurance Law No. 5510, the current regulations issued by the Social Security Agency, “according to the Law No. 5510, 4/1-(A) and 4/1-(b) insured under the allocation of the operations” of the circular on 2011/58 was maintained. However, as a significant difference in this circular, it is seen that the effect of age adjustments on insurance is accepted with a few exceptions. According to the circular:
“Age adjustments of the insured after the date of an occupational accident or occupational disease or when they are subject to long-term insurance arms for the first time will not be taken into account. On the other hand, the date of birth registered for the first time in the population register is; During the renovation of the population register, the new log records, the transport of a National Register in the Census Bureau’s new records, naturalization records, Census Bureau recently in Turkey, is processed incorrectly due to the fact that apart from the will of the insured person of fixes for the population due to errors made by the administration in the case of material aimed at the elimination of correcting these issues is indicated in documenting the decision of the court or when the fix will be based on a new record that is corrected in the registry in question.” These regulations are covered by the mentioned exceptions.
On the other hand, it is not legally possible to eliminate the retirement age by filing an age correction lawsuit. Even if the age change is made, this change will not have an effect on the time that should be expected for retirement. The Constitutional Court’s decision in its 2008/64 Fundamental and 2008/129 Decisions dated 19.11.2008 stating that ”it is not unconstitutional for age adjustments made after being insured for the first time to not be considered valid in retirement accounts” supports this.
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