How to Initiate a Lawsuit against EYT for Service Determination

“The Employment Date Can Be Returned Through the Court”

After 23 years of anticipation, the retirement dream of over 1.5 million citizens has finally been realized with the EYT law. One of the conditions for retiring under the regulation on retirement age is that the start of insurance must have been before September 9, 1999. However, some individuals who met this condition were unable to benefit from EYT. For those in this situation, there is a second option: the courthouse. Employees can prove their date of employment through documents.

Economist Muhammet Bayram explained the details of the issue to CNN TÜRK, stating:

“They claimed to have had insurance coverage before September 9, 1999, but when they checked, they realized that although they were working, the workplaces they were employed at did not report their insurance to the Social Security Institution (SGK). These individuals can initiate a service determination case and prove that they were employed before September 9, 1999. To do so, they need to file a petition with the court. Where should they file? They must sue not the state institutions, but the relevant workplaces where they were employed during that period.”

The court will make a decision. The court’s decision should confirm: “As of this date, it has been proven that you were employed by the company, and it has been determined that the relevant workplace must pay the insurance premiums.” With this decision, citizens should also take it to the provincial directorates of the Social Security Institution and register so that they can retire before September 9, 1999 and begin receiving their retirement benefits.

Another option is to reach an agreement with the concerned workplace. The workplace must agree to pay the insurance premiums with penalties. If they do, the employee can retire without having to file a service determination lawsuit.

 

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