One of the most frequently wondered topics by Turkish citizens living abroad is whether they can retire from Turkey and how their working periods abroad will be evaluated in Turkey. Especially individuals who have worked for many years in European countries, particularly Germany, can acquire retirement rights through overseas service buyback, even if they do not have sufficient insurance periods in Turkey.

Law No. 3201 on Overseas Service Buyback allows certain periods spent abroad to be evaluated as past insurance periods in Turkey. Thanks to this regulation, Turkish citizens can include their working periods spent abroad in Turkey’s social security system by paying a certain premium and benefit from rights such as retirement, disability, or survivor’s pensions.

Within the scope of overseas service buyback; insured working periods spent abroad, unemployment periods between or after these periods under certain conditions, and for women, housewifery periods can be bought back as past service in Turkey. However, for these periods to be bought back, the individual must be a Turkish citizen or have been a Turkish citizen by birth and renounced citizenship with permission, prove the periods abroad with documents, and submit a written application to the Social Security Institution.

After an overseas debt accrual application, the number of days that can be accrued is determined by the SGK (Social Security Institution), and a premium debt is accrued accordingly. This premium amount is calculated based on a certain percentage of the daily earnings selected within the base earnings limits on the application date. Since individuals can determine the number of days they wish to accrue, they are not obliged to accrue for the entire duration spent abroad; accrual can also be made only for a period sufficient for retirement.

Thanks to this system, even individuals who have worked for a very short period in Turkey or have never worked at all can obtain the opportunity to retire from Turkey by accruing for their working periods spent abroad. However, since aspects such as the application process, accrual calculation, provision of necessary documents, and correct evaluation of retirement conditions can involve technical and legal details in practice, it is important to manage the process carefully.

This study was prepared within the framework of judicial decisions presented concerning the retirement possibility and premium payment conditions for an individual born in 1966, holding dual citizenship, who completed only 1 month of military service in Turkey, has no other employment, lives in Germany, and does not intend to permanently return to Turkey.

1. Analysis of the Retirement Possibility and the “Definitive Return” Condition According to the judicial decisions presented, the ability of Turkish citizens living abroad to retire through debt accrual is primarily evaluated under Law No. 3201. Under this law, one of the most fundamental conditions for receiving an old-age pension is **”having definitively returned to the country”** (Constitutional Court 2019/101-2020/26 ; Court of Cassation 21. HD 2015/10646 ). However, in judicial decisions, the concept of “definitive return” is not interpreted as physically returning to Turkey permanently and never leaving the country again.

According to the decisions No. 2024/12551  and 2015/17000  of the 10th Civil Chamber of the Court of Cassation, definitive return refers to the cessation of a person’s work abroad and their not receiving a residence-based social insurance or social assistance benefit (e.g., unemployment benefit).

Rights such as non-residence-based retirement pensions do not hinder a definitive return. In decision No. 2014/1763  of the 10th Civil Chamber of the Court of Cassation, it was accepted that a person who continued to live in Germany and received “Rentenbezug” (retirement pension) but no social assistance fulfilled the condition of “definitive return” and their retirement was approved.

On the other hand, if work continues in Germany (e.g., operating a taxi business – 10. HD 2017/1985 ) or if unemployment/sickness benefits are received (21. HD 2012/3063 , 21. HD 2008/16443 ), the definitive return condition is considered not met, and the retirement request is rejected, or the granted pension is cut off.

Therefore, even if you do not permanently return to Turkey, you have the opportunity to retire from Turkey, provided you end your active working life in Germany and do not receive residence-based social assistance (only receive a German pension). Furthermore, the Supreme Court considers the statement “there is no premium payment preventing a definitive return as per the request for an old-age pension” in the TR4 form to be obtained from the German insurance authority, sufficient for retirement (10. HD 2025/13693 , 10. HD 2024/6806 ).

2. Dual Citizenship and the Effect of a 1-Month Military Service Period 

Having no other employment in Turkey and only having a 1-month (approximately 30 days) military service period does not prevent you from making an overseas debt accrual. In the decision numbered 2025/13693  of the Supreme Court’s 10th Civil Chamber, it is concretely seen that a person who worked for only 16 days in Turkey could retire by making an overseas debt accrual for 5300 days. Your 1-month military service period also bears similarity to this short-term insured period.

[İkincil Kaynaklardan Elde Edilen Bilgiler]: According to the decisions of the Supreme Court’s 10th Civil Chamber numbered 2014/16199  and 21st Civil Chamber numbered 2018/945  found in secondary sources, even those with dual citizenship status or those who left Turkish citizenship with permission can accrue debt for their overseas periods spent as Turkish citizens. Furthermore, in the decision numbered 2006/8564  of the 21st Civil Chamber, it was stated that military service debt accrual can be combined with overseas debt accrual to fulfill the conditions for an old-age pension.

3. Amount of Premium to be Paid 

In the presented decisions, a precise personalized figure for the exact amount of the premium cannot be provided; as this depends on the number of days to be borrowed and the selected premium base earning. However, the calculation method is clearly stated in the decisions:

According to the Constitutional Court’s decision numbered 2019/101: The amount of debt to be accrued for each day to be borrowed, between the minimum and maximum daily earnings subject to premium specified in Article 82 of Law No. 5510 on the application date is 32% of the daily earning you choose.

In the decision numbered 2022/5627 of the 10th Civil Chamber of the Court of Cassation, it was also emphasized that premium base earnings would be kept within minimum-maximum limits and the borrowed periods would be calculated backward from the last date.

[Information Obtained from Secondary Sources]: In the decisions numbered 10th Civil Chamber 2023/14153  and 10th Civil Chamber 2014/16199  found in secondary sources, it was stated that the current premium calculation is made individually by the SGK and it varies with inflation/exchange rate differences (for example, general calculations such as around 50-60 TL daily or 14 times the minimum wage as of 2024 are made), and it was emphasized that the exact premium amount should be inquired from the SGK.

4. Analysis Summary with Concrete Decision Examples 

Under the conditions you specified (born in 1966, residing in Germany, not returning permanently, 1 month military service), the concrete precedent decisions summarizing your retirement possibilities are as follows:

Positive Example (Pension Possibility Exists): Court of Appeals 10th Civil Chamber 2014/1763  decision. The plaintiff continued to live in Germany and did not return permanently. However, because they ceased employment in Germany and began receiving only “Rentenbezug” (German pension) and did not receive social assistance, it was accepted that they met the “definitive return” condition, and a pension was granted from Turkey.

Positive Example (Short-Term Turkey History): Court of Appeals 10th Civil Chamber 2025/13693  decision. A person who had worked for only 16 days in Turkey qualified for retirement by paying the overseas debt for 5300 days and by obtaining a TR4 certificate from Germany.

Negative Example (Situation to Be Noted): Court of Appeals 10th Civil Chamber 2017/1985  and 21st Civil Chamber 2012/3063  decisions. Even if the person paid their premiums, their retirement application was rejected or the granted pension was canceled as long as they continued operating a taxi business in Germany or received unemployment/sickness benefits.

[İkincil Kaynaklardan Elde Edilen Bilgiler]: According to the decision numbered Court of Appeals 10th Civil Chamber 2021/9120  , there is also an exceptional precedent that a granted pension will not be cut if one works in “short-term jobs” abroad, in accordance with new provisions added to Law No. 3201. Furthermore, it is stated in decisions (General Assembly of Civil Chambers 2005/18 ; 21st Civil Chamber 2007/22393 ) that the condition of definitive return is not sought at all if one is subject to Law No. 2147, which covers very old period works.

Frequently Asked Questions

Yurt dışı borçlanmasıyla emeklilik için 2026 yılı yaklaşık ne kadar prim ödenmesi gerekir?

2026 yılı SGK hesaplamasına göre yurt dışı borçlanmasında bir gün için ödenecek en düşük tutar yaklaşık 495,45 TL’dir. Bu durumda yaklaşık hesap şu şekildedir:
5300 gün × 495,45 TL = yaklaşık 2.625.000 TL, Bu rakam asgari kazanç üzerinden yapılan hesaplamadır. Kişi daha yüksek kazanç seçerse prim tutarı da artacaktır.
SGK uygulamasına göre borç: tebliğden itibaren 3 ay içinde ödenmelidir. Borcun tamamı ödenmezse ödenen gün kadar hizmet kazanılır. Bu nedenle kesin rakam her kişi için SGK tarafından bireysel olarak hesaplanmaktadır.

Türkiye’den emekli olmak için kaç gün prim ödemek gerekir?

Türkiye’de başka bir çalışma yoksa genellikle yaklaşık 5300 gün civarında borçlanma yapılması gerekmektedir. Yurt dışı borçlanmasında kişi: tüm çalışma sürelerini
bir kısmını yalnızca emekliliğe yetecek kadar gün sayısını borçlanabilir. Yargıtay 10. HD 2022/5627 kararında borçlanma günlerinin başvuru tarihindeki kazanç sınırları içinde hesaplanacağı ve kişinin seçtiği kazanca göre prim tutarının değişeceği belirtilmiştir. Borçlanma gün sayısı SGK tarafından yurt dışı sigorta başlangıç tarihi ve hizmet sürelerine göre kesin olarak belirlenmektedir.

Almanya’da yaşayan biri Türkiye’ye temelli dönmeden Türkiye’den emekli olabilir mi?

Evet, mümkündür. Ancak burada önemli olan husus “kesin dönüş” şartının nasıl yorumlandığıdır. 3201 sayılı Kanun kapsamında emeklilik için yurda kesin dönüş şartı aranmakla birlikte Yargıtay kararları bu kavramı fiziksel olarak Türkiye’ye yerleşmek şeklinde yorumlamamaktadır. Yargıtay 10. HD 2014/1763 sayılı kararında Almanya’da yaşamaya devam eden bir kişinin Türkiye’den emekli olabileceği kabul edilmiştir. Davacı Almanya’da yaşamaya devam etmiş ancak aktif çalışmasını bırakmış ve yalnızca Alman emekli maaşı almıştır. Mahkeme bu durumda kesin dönüş şartının sağlandığını kabul etmiştir. Benzer şekilde Yargıtay 10. HD 2024/12551 ve 2015/17000 kararlarında kesin dönüş; yurt dışındaki çalışmanın sona ermesi
ikamete bağlı sosyal yardım alınmaması olarak tanımlanmıştır. Buna karşılık;
Yargıtay 10. HD 2017/1985 kararında Almanya’da taksi işletmeciliği yapan kişinin Türkiye’den emeklilik talebi reddedilmiştir. Yargıtay 21. HD 2012/3063 kararında ise işsizlik yardımı alan kişinin emekli aylığı kesilmiştir. Bu nedenle Almanya’da yaşamaya devam etmek mümkündür ancak aktif çalışma veya sosyal yardım alınması emekliliğe engel olabilir.

Why is Expert Lawyer Support Necessary?

Overseas debt accrual and retirement procedures from Turkey involve quite complex legal processes in practice. Especially, misinterpretation of the permanent return condition, submission of incomplete documents, or making an incorrect application can lead to the rejection of the retirement claim.

As seen in the Supreme Court decisions;

Continuing to work in Germany

receiving social assistance

making debt accrual under the wrong status

in situations such as submitting incomplete documents, pension payments can be cancelled or applications can be rejected. Therefore, seeking legal consultancy from the beginning of the process is of great importance both to prevent financial losses and to ensure that the right to retirement is exercised correctly.

2M Law Office, especially;

overseas debt accrual

SGK retirement lawsuits

overseas retirement consultancy

retirement applications from Turkey

lawsuits regarding the permanent return condition

provides legal support to its clients on these matters. If you live in Germany and plan to retire from Turkey, you can contact 2M Law Office, which provides services with its Istanbul lawyer and Tuzla lawyer staff, to receive a detailed legal evaluation regarding your retirement process.