Age Correction (Age Adjustment)-Effect on Pension
In social security law, the right to benefit or not to benefit from certain rights depends on a certain age condition. In particular, in addition to the conditions such as premium and insurance period, age condition is also required for retirement, and even if other conditions are fulfilled, it is not possible for the person to retire if the age condition is not fulfilled.
In our country, for various reasons (such as late registration, clerical error, damage to the records due to fire, etc.), the age in the population records may not reflect the real age of the persons. In the event that such situations are corrected by a court decision or by the civil registry office, there may be various situations that are specific to the use of the age determined in terms of social security law.
In the 2nd paragraph of Article 57 titled “Age” of Law No. 55101
“In the implementation of the age-related provisions regarding disability, old-age and death insurances, the insured and their eligible children shall be subject to the provisions of the abrogated Law No. 5417 dated 2/6/1949, the abrogated Law No. 6900 dated 4/2/1957, the abrogated Law No. 506 dated 17/7/1964, the abrogated Law No. 1479 dated 2/9/1971, the abrogated Law No. 2925 dated 17/10/1983 and the abrogated Law No. 2925 dated 17/10/1983.
The date of birth of the insured’s children born after the date the insured started to work for the first time according to this Law shall be based on the date of birth registered in the population registry, and the date of birth of the insured’s children born after the date the insured started to work for the first time according to this Law shall be based on the date of birth first recorded in the population registry.
In the calculation of income and pension allocations and capital value from occupational accident, occupational disease, disability, old age and death insurances, age corrections after the date of the first determination of the occupational accident or occupational disease with a physician’s report or the date the insured started to work for the first time subject to this Law and the laws repealed by this Law are not taken into account. ” is stated.
Article 57 of the Law stipulates that the following dates of birth shall be taken as basis in the calculation of age for the insurance branches in the subsequent age corrections. Accordingly
In the case of occupational accident and occupational disease, in the calculation of the income to be paid to the beneficiaries, the birth dates registered in the population registry on the date of the first determination of the occupational accident or occupational disease by a physician or a medical board report,
In the application of the age-related provisions regarding disability, old-age and survivors’ insurance, the insured persons are subject to the abrogated Laws No. 5417, 6900, 506, 1479 and 2926, Laws No. 2925 and 5434, the funds subject to the provisional article 20 of the Law No. 506 or the Law No. 506, or the date they are subject to disability, old-age and survivors’ insurance for the first time according to the Law, registered in the population register
dates of birth found,
The ages of the children entitled to death insurance shall be based on the date of birth registered in the civil registry on the date the insured person first became subject to disability, old-age and death insurances within the scope of the Law or abolished laws, and the date of birth of the children born after the insured person started to work shall be based on the date of birth first recorded in the civil registry.
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