Almost 30 days have passed since the earthquake. We lost 45 thousand children, young people, adults and elderly people. In addition, it is known that there are still unrecorded casualties. Since the needs of earthquake victims such as shelter, clothing, food and health are still not adequately met, the wounds cannot be fully healed. On the other hand, there is no discourse or legal preparation in the government for social security assistance to those who died in the earthquake, became disabled or disabled. There is a silence, slowness, short-sightedness, and incompetence reflected in every field. On the face of it, the only thing being done is scolding the earthquake victims and insulting the opposition.
Vedat BİLGİN, Minister of Labor and Social Security
Do you have any work on the assistance to be provided within the social security system to the beneficiaries of the people who died in the great earthquake disaster covering 11 provinces and to the disabled and disabled citizens? If so, why isn’t it shared with the public?
So, let’s start by reminding the legal regulations made in the past earthquakes in our country.
Pursuant to the provisional Article 5 added to the Law No. 4447 with the Decree No. 592 dated 21/1/2000, “The insured or participants who were disabled as a result of the earthquakes that occurred on or following 17/8/1999, and the insured or participants who died, shall receive at least 360 Daily premium or 12-month premium or deduction is paid…” and death and invalidity pension with 360 premium days has been granted to the disabled and those who died in the 17 August 1999 great Marmara earthquake and the Düzce earthquake that took place following it.
Again, with the temporary Article 37 added to the Law No. 5510 with the Law No. 6270 dated 17/1/2012, “For the insured persons who died as a result of the earthquakes that occurred on 19/5/2011, 23/10/2011 and 9/11/2011 and for the insured persons who died. Invalidity, disability or death insurance premiums for at least 30 days or a monthly deduction for the period before the earthquake that caused the death, on the condition that…” The rest were offered the opportunity to pay monthly with 30 premium payment days.
4447/Provisional Article 5 is still in effect, but this article has not been applied to those who died or were disabled in the earthquakes that occurred following the Gölcük and Düzce earthquakes. The reason for this is the provision in Article 105 of Law No. 5510, “…the provisions of other laws contrary to this Law shall not be applied”.
In the present case; The benefits and conditions provided from death and disability insurance in the Law No. 5510 are as follows:
BENEFITS FROM DEATH INSURANCE:
-Death pension, (1800 days, 5 years +900 days only for SSK holders)
– Making a death lump sum payment to the beneficiaries of those who do not have enough days to receive a survivor’s pension.
-Payment of funeral allowance (TL 2.054.00 for those who died in 2023)
-Giving marriage allowance to eligible girls upon marriage (24 times of their monthly amount)
BENEFITS FROM DISABILITY INSURANCE:
Only invalidity pension is paid to the insured who are disabled from the disability insurance. For this, in addition to being disabled, a 10-year insurance period and at least 1800 days are sought. If the insured is deemed to be in need of the care of another person, he is paid a monthly salary of 1800 days without seeking a 10-year period.
HOW MUCH SERVICE SHOULD BE CONNECTED MONTHLY TO THE RIGHT OWNERS OF THE DEATH IN THE EARTHQUAKE AND TO THE DISABLED?
The earthquake that took place on February 6, 2023 is described as the biggest earthquake disaster of the century not only in our country but also in the world. Apart from the in-kind and cash benefits provided to the earthquake victims, legal arrangements should be made to allow the people who died in the earthquake to be paid pensions under more favorable conditions to the beneficiaries and the disabled. It is expected that a legal regulation will be made as soon as possible, so that the regulation on death and invalidity pension, which was made in reference to the earthquakes that occurred in 2011, and on the condition of paying a premium for 30 days, also applies to those who died and were disabled in the earthquake in 10 provinces, that is, the government will take a clear step in this regard. .
WHERE AND HOW WILL THE RELATIVES DEATH IN THE EARTHQUAKE APPLY?
There is a demand requirement for a death pension to the beneficiaries of those who died in the earthquake, or to be paid a disability pension to the earthquake victims who have become disabled. The Social Security Institution (SGK) should provide services to the citizens living in the tents in the earthquake zone and receive the request documents by personally going to the citizen and assisting them. However, considering the grievances of the personnel working in the SGK in the earthquake zone (losing their relatives, the destruction of their homes), the citizen will have to make a request if this cannot be achieved.
Claims to be made by the beneficiaries for the death pension or death lump sum payment due to the insured persons who died in the earthquake, and for the funeral allowance; It is taken by the unit to which the request is made, regardless of the SSI unit authorized to pay pension; The last job of the deceased insured will be finalized by the SGK unit in the province where the last job is, and the SGK units receiving the requests of those whose last job is in Kahramanmaraş, Adıyaman and Hatay.
It is necessary to apply to the same SGK units for funeral allowances.
DISABLED INSURANCES
Earthquake survivors who became disabled and disabled in the earthquake will apply to the SGK unit in their location for disability determination and pension. Receiving the request, the SGK unit will send the request to the SGK unit in the province where the person last worked for the monthly bonding process. The requests of those who have the unit to connect monthly in Kahramanmaraş, Adıyaman and Hatay will be finalized by the SGK unit that receives the request.
Invalidity determination is made by the SGK Institution health boards. There are two health boards in the earthquake zone, one in Malatya and one in Gaziantep. Due to the earthquake, the health board procedures in Malatya will be carried out by the health boards in Eskişehir and the health boards in Gaziantep will be carried out by the health boards in Antalya.
WHERE WILL EYT’S IN THE EARTHQUAKE ZONE APPLY?
The great earthquake disaster occurred on 06 February 2023; In Adana, Adıyaman, Diyarbakır, Gaziantep, Hatay, Kahramanmaraş, Kilis, Malatya, Osmaniye and Şanlıurfa provinces, measures have been taken in terms of making registration, service records, borrowing and pension services more effective, efficient and faster. After the EYT regulation is published in the Official Gazette and comes into effect, it is expected that EYT citizens in the earthquake zone will also apply for a pension.
REGISTRATION, SERVICE AND DEBT PROCEDURES
SSK and Bağ-Kur insured persons residing or operating or working in 10 provinces affected by the earthquake;
– Corrections and updates to be made in the registration and service records, the retirement letter, the processing of the leave from work and all kinds of borrowing (new or existing) transactions, the SSI that the insured requests directly or by mail,
– SSI in the provinces assigned outside the earthquake provinces for applications made via e-government (borrowing, optional or on-line registration notifications of public institutions or chambers),
-Borrowing refund requests are at the Headquarters,
to be finalized by the units.
MONTHLY BINDING PROCEDURES
Pension requests, including pensions to be paid by foreign borrowing, of SSK members in the earthquake zone and EYT members within the scope of Bağ-Kur, will be received by the unit to which the request is made, regardless of the unit authorized to pay pensions. Payment of SSK and EYT members from Bağ-Kur; The SGK unit in the province where the last work is done will be done by the SGK unit, which receives the monthly request of the insured people, on the other hand, the transactions of those who have their last work in Kahramanmaraş, Adıyaman and Hatay. The pension transactions of civil servants will be carried out in Ankara under the head of the department under the General Directorate of Pension Services.
