Occupational social security schemes (Chapter 2 of Directive 2006/54)

AuthorKadriye Bakirci
6 Occupational social security schemes (Chapter 2 of Directive 20 06/54)
6.1 General (legal) context
6.1.1 Surveys and reports on the practical difficulties linked to occupational and/or
statutory social security issues
In Turkey, there is a clear distinction between statutory pension schemes and occupational
pension schemes. More precisely, the g eneral social insurance scheme and the health
insurance scheme are considered to be statutory, whereas occup ational pension schemes
for workers in the public and privat e sector, the voluntary provident fund schemes and
other similar pension schemes fall under the category of o ccupational pension schemes.
6.1.2 Other issues related to gender equality and social security
Under all occupational pension schemes, men and women enjoy equal treatment as
provided in the HREIA (Article 5).
6.1.3 Political and societal debate and pending legislative p roposals
There is neither any debate nor legislative proposals on this topic.
6.2 Direct and indirect discrimination
The HREIA prohibits direct and indirect sex discrimination in all matters relating to social
security, which would include these matters (Article 2).
6.3 Personal scope
In addition to the public and compulsory (statutory) social security system, there are
additional occupational social security funds, such as the Armed Forces Assistance Fund
(OYAK);209 the Police Assistance Fund (POLSAN),210 the Primary School Teachers
Assistance Fund (ILKSAN),211 the Central Bank P ersonnel Social Security and Assistance
Foundation,212 the State-Owned Coal Mining Enterprise Employees’ Accumulation and
Assistance Fund (Eregli Komur Havzasi Amelebirligi Biriktirme ve Yardimlasma Sandigi);213
and the Turk T elekom Accumulation and Assistance Fund.214 Financial sector institutions,
such as banks, insurance companies, reinsurance companies, the stock exchange, and
chambers of commerce assistanc e funds (Social Insurance and General Health Insuran ce
Act provisi onal Ar ticle 20 ) provide additional social security services through the
foundations they have established. Currently, there are 38 such in stitutions.215
The following special non-contributory schemes are in place for specific professional
209 Act on the Armed Forces Assistance Fund (Ordu Yardimlaşma Kurumu Kanunu), No. 205, Official Journal,
9.1.1961, No. 10702.
210 Act on Law Enforcement Agency (Emniyet Teşkilat Kanunu), No. 3201, Official Journal 12.6.1937, No.
211 Act on the Primary School Teachers Assistance Fund (Hususi İdarelerden Maaş Alan İlkokul Öğretmenlerinin
Kadrolarina, Terfi, Taltif ve Cezalandirilmalarina ve Bu Öğretmenler İçin Teşkil Edilecek Sağlik ve İçtimai
Yardim Sandiği İle Yapi Sandiğina ve Öğretmenlerin Alacaklarina Dair Kanun), No. 4357, Official Journal
19.1.1943, No. 5308; Membership of this fund is voluntary.
212 Central Bank of Turkey Act (Türkiye Cumhuriyet Merkez Bankasi Kanunu), No. 1211, Official Journal
26.1.1970, No. 13409.
213 Act on the State-Owned Coal Mining Enterprise Employees’ Fund (Ereğli Havzai Fahmiyesi Maden
Amelesinin Hukukuna Müteallik Kanun), No. 151, (8 Muharrem 1340 - 10 Eylül 1337).
214 Act on Turk Telekom Accumulation and Assistance Fund (Posta, Telgraf ve Telefon İdaresinin Biriktirme ve
Yardım Sandığı Hakkında Kanun), No. 4157, Official Journal 26.12.1941, No. 4994
215 Danişoğlu, E. (2002), ‘The Need for Reform in Social Security System’ (Sosyal Güvenlik Sisteminde
Yenilenme İhtiyacı); http://www.kalkinma.gov.tr/Documents/danisoge.pdf.

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