These Individuals Will Receive Lifetime Pensions

The Administrative Board of the Supreme Court has adopted a decision establishing a unified judicial practice regarding the indefinite assignment of labor pensions due to disability for individuals who reach retirement age while disabled.

This information was provided by the court.

It was stated that, based on the case details, the claimant had been receiving a labor pension due to Group II disability as a civil servant since 2017. This pension was assigned for the period of disability and was paid until July 2022. Payments were stopped from that date. The claimant requested that the labor pension assigned due to disability be considered indefinite, citing their attainment of retirement age, and that the suspended payments be reinstated. The respondent administrative body, however, denied the request, stating that their insurance record was less than 25 years and their civil service record was less than 15 years.

Subsequently, the claimant's complaint was rejected by the first instance court, but the appellate instance overturned this decision, granted the claim, and concluded that the pension should be considered indefinite. The respondent filed a cassation appeal against this decision.

The Supreme Court upheld the decision of the appellate instance by not satisfying the cassation appeal. The decision stated that if an individual reaches retirement age while disabled and their disability status is valid at that time, the labor pension due to disability must be assigned for life (indefinitely), and no additional application is required for this.

In its decision, the court extensively analyzed Article 32.2 of the Law "On Labor Pensions," stating that this provision mandates the lifelong assignment of labor pensions due to disability for disabled individuals who have reached retirement age, and that reassessment of disability or additional applications from the individual are not stipulated as conditions. As evident from the text of the law, the primary conditions required are that the individual has reached the legally established retirement age and possesses disability status at that moment.

The court also noted that even if a pension was previously assigned to an individual for a specific period due to disability, their right to have the pension assigned for life arises if they reach retirement age during that period. The realization of this right cannot be restricted by additional formal procedures.

The decision emphasized that ensuring pension rights is a service duty of the administrative body. Based on the principles of the Law "On Administrative Proceedings," the administrative body must investigate not only circumstances unfavorable to the individual but also those favorable to them, explain their rights and obligations, and ensure the application of the law on its own initiative. Formal requirements not directly stipulated in the law cannot serve as grounds for denying the exercise of an individual's right to social security.

In this regard, the court did not consider the requirement for an additional application to be consistent with the spirit of the law.