1. The “Definite Return” Condition and its Legal Nature in Retirement with Overseas Premium Payments
In order for an old-age pension to be granted by crediting periods spent abroad within the scope of Law No. 3201, it is mandatory for three basic conditions to be met together, in accordance with Article 6 of the Law:
Having definitively returned to the country,
Having paid the entire accrued debt,
Making a written request after the debt has been paid (Ankara Regional Administrative Court 11th Civil Chamber, 28.03.2017, 2017/524 E., 2017/502 K.).
In Supreme Court decisions, the “definite return” concept refers to a legal status rather than physically settling in Turkey. According to this, definite return defines the situation where those applying for a pension terminate their work abroad and do not receive a residence-based social insurance or social assistance benefit (Supreme Court 10th Civil Chamber, 20.11.2024, 2024/12551 E., 2024/11311 K.). Continuing to work abroad means that the definite return condition in the sense of Law No. 3201 is not met and constitutes an obstacle to pension disbursement (Ankara Regional Administrative Court 11th Civil Chamber, 28.03.2017, 2017/524 E., 2017/502 K.).
2. Consequences of Continuing to Work Abroad
If individuals who receive a pension by making overseas debt payments start working again abroad under the legislation of a foreign country, their pensions will be cut from the date they start working (Yargıtay 10. HD, 05.10.2023, 2023/9516 E., 2023/9270 K.). In a decision by the 10th Civil Chamber of the Court of Cassation, the rejection of the plaintiff’s old-age pension claim, who continued compulsory insured employment in Germany, was found to be lawful (Yargıtay 10. HD, 05.10.2023, 2023/9516 E., 2023/9270 K.).
If it is later understood that the condition of final return was not met during the pension allocation, the action taken is to not allocate the old-age pension and to “legally suspend” the procedures until the final return date (Yargıtay 21. HD, 16.10.2006, 2006/12027 E., 2006/9962 K.).
3. Solutions and Exceptional Circumstances
In light of judicial decisions, the following points can be evaluated within the framework of existing legal regulations for an individual who continues to work abroad:
Termination of Employment and Re-application: For those whose employment abroad has ended, if they submit a written request, their pensions can be reconnected starting from the beginning of the month following the request date (Yargıtay 10. HD, 12.10.2023, 2023/11383 E., 2023/9592 K.).
Receiving a Retirement Pension from Abroad: If work abroad ceases and an old-age pension is granted from that country (e.g., Germany), this pension is considered a “non-residence-based” benefit and therefore does not prevent the granting of a pension in Turkey (Court of Appeals 10th Civil Chamber, 24.03.2023, 2023/1083 E., 2023/3091 K.). It has been accepted that a person whose active working life ends with the granting of a retirement pension from the German insurance authority will be entitled to a full pension (Council of State 11th Chamber, 08.11.2010, 2008/14666 E., 2010/8977 K.).
Retirement Without Debt Accumulation (Buyback): If a person has become entitled to retirement solely through their work in Turkey, without making a foreign debt buyback under Law No. 3201, then the condition of “permanent return” may not be sought, and they can receive a pension while working abroad (Court of Appeals 10th Civil Chamber, 28.03.2024, 2023/14153 E., 2024/3413 K.). However, if a debt buyback has been made, the condition of permanent return is absolute.
Difference in Voluntary Insurance: When voluntary insurance periods under Law No. 506 are in question, there are decisions indicating that work abroad does not constitute an obstacle to this insurance (Court of Appeals 10th Civil Chamber, 13.03.2023, 2023/1151 E., 2023/2370 K.).
4. Secondary Sources and Additional Context
According to research notes categorized as secondary sources, the following points are important:
Initiating a lawsuit to have the commencement of actual work abroad (after 18 years of age) accepted as the commencement of insurance in Turkey appears to be a viable path; however, this situation does not directly eliminate the “continuation of work” obstacle to the commencement of the pension (Court of Appeals 21st Civil Chamber, 19.09.2013, 2013/14219 E., 2013/16229 K.).
Against the SGK’s rejection or suspension of a pension due to overseas employment, it is possible to file an annulment lawsuit, depending on the situation, in Labor Courts or, for former Pension Fund participants, in Administrative Courts (Court of Appeals 21st Civil Chamber, 18.12.2014, 2014/22332 E., 2014/27555 K.; Court of Appeals 21st Civil Chamber, 19.11.2013, 2012/14479 E., 2013/21137 K.).
In customs legislation practices, it is observed that facilities are provided to those retiring from abroad regarding bringing vehicles, and that the phrase “those who have gained early retirement rights” is considered a status in this field (Council of State 10th Chamber, 25.05.2021, 2016/2455 E., 2021/2626 K.).
Conclusion: According to current judicial decisions, for a person who retires by making a debt claim under Law No. 3201 to have their pension linked, they must terminate their active employment relationship (mandatory premium payments) in Germany. As long as employment continues, the allocation of the pension will legally remain suspended. As a way out; it is recommended to terminate employment, become entitled to a pension from Germany, or examine whether the conditions for retirement are met with premiums other than debt claimsr.
Frequently Asked Questions
Yurt dışı borçlanması yaptım, Almanya’da çalışırken Türkiye’den emekli maaşı alabilir miyim?
Hayır. Yargıtay kararlarına göre “kesin dönüş” şartı gereği yurt dışındaki çalışmanın sona erdirilmesi gerekir. Çalışma devam ettiği sürece emekli aylığı bağlanmaz.
“Kesin dönüş” ne demek, Türkiye’ye gelmek şart mı?
Kesin dönüş sadece fiziksel olarak Türkiye’ye dönmek değil; yurt dışındaki aktif çalışmanın ve sosyal sigorta ilişkisinin sona erdirilmesi anlamına gelir. Çalışma sürdüğü sürece bu şart sağlanmış sayılmaz.
Emekliliğimi başlatmak için ne yapmam gerekiyor?
Emekli aylığının bağlanabilmesi için yurt dışındaki çalışmanın sonlandırılması ve ardından SGK’ya yazılı talepte bulunulması gerekir. Alternatif olarak Almanya’dan emekli aylığına hak kazanılması da çözüm yollarından biridi
Why is Expert Legal Support Necessary?
Retirement processes with overseas debt claims, especially regarding the “final return” condition, the allocation or rejection of a pension, objections to SGK procedures, and litigation processes, are highly technical and unforgiving of errors. Therefore, working with an Istanbul overseas debt claim lawyer from the beginning of the process is of critical importance to prevent loss of rights.
Especially;
Filing a lawsuit against SGK’s procedures of not granting or cutting monthly payments
Correct evaluation of overseas employment status
Joint planning of German and Turkish pensions
Issues such as correcting incomplete or erroneous applications require professional support.
At this point, working with an experienced 2M Hukuk Avukatlık Ofisi (2M Law Firm) in its field ensures the correct management of the process and prevents time and financial losses. Additionally, receiving support from an Istanbul lawyer, Tuzla lawyer, Pendik lawyer, or Kurtköy lawyer to monitor the process on-site also contributes to the effective execution of the process. Furthermore, with professional overseas retirement consultancy services, your rights in both Turkey and Germany can be evaluated together to create the most advantageous retirement plan.
