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

AuthorKadriye Bakirci
Pages72-74
72
6Occupational social security schemes (Chapter 2 of Directive 2006/54)
6.1General (legal) context
6.1.1Surveys and reports on the practical difficulties linked tooccupational and/or
statutory social security issues
In Turkey, there is a clear distinction between statutory pension schemes and occupational
pension schemes. More precisely, the general social insurance scheme and the health
insurance scheme are considered tobe statutory, whereas occupational pension schemes
for workers inthe public and private sector, the voluntary provident fund schemes and
other similar pension schemes fall under the category of occupational pension schemes.
6.1.2Other 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).
6.1.3Political and societal debate and pending legislative proposals
There is neither any debate nor legislative proposals on this topic.
6.2Direct and indirect discrimination
The HREIA prohibits direct and indirect sex discrimination inall matters relating to social
security, which would include these matters (Article 2).
6.3Personal scope
Inaddition to the public and compulsory (statutory) social security system, there are
additional occupational social security funds, such as the Armed Forces Assistance Fund
(OYAK);209the Police Assistance Fund (POLSAN),210the Primary School Teachers
Assistance Fund (ILKSAN),211the Central Bank Personnel Social Security and Assistance
Foundation,212 theState-Owned Coal Mining Enterprise Employees’ Accumulation and
Assistance Fund (Eregli Komur Havzasi Amelebirligi Biriktirme ve YardimlasmaSandigi);213
and the Turk Telekom Accumulation and Assistance Fund.214 Financial sector institutions,
such asbanks, insurance companies, reinsurance companies, the stock exchange, and
chambers of commerce assistance funds (Social Insurance and General Health Insurance
Act provisional Article 20) provide additional social security services through the
foundations they have established. Currently, there are 38 such institutions.215
The followingspecial non-contributory schemes are in place for specific professional
groups:
209Actonthe Armed Forces Assistance Fund (Ordu Yardimlaşma Kurumu Kanunu), No. 205, Official Journal,
9.1.1961, No. 10702.
210ActonLaw Enforcement Agency (Emniyet Teşkilat Kanunu), No. 3201, Official Journal12.6.1937, No.
3629.
211Actonthe Primary School Teachers Assistance Fund (Hususi İdarelerden Maaş Alan İlkokulÖğretmenlerinin
Kadrolarina, Terfi, Taltif ve Cezalandirilmalarina veBuÖğretmenlerİçinTeşkil Edilecek Sağlikveİçtimai
Yardim Sandiğiİle Yapi SandiğinaveÖğretmenlerin Alacaklarina Dair Kanun), No. 4357, Official Journal
19.1.1943, No. 5308; Membership ofthis fund is voluntary.
212 Central Bank of Turkey Act (Türkiye Cumhuriyet Merkez Bankasi Kanunu), No. 1211, Official Journal
26.1.1970, No. 13409.
213Actonthe State-Owned Coal Mining Enterprise Employees’ Fund (Ereğli Havzai Fahmiyesi Maden
Amelesinin Hukukuna Müteallik Kanun), No. 151, (8 Muharrem 1340 - 10 Eylül 1337).
214Acton Turk Telekom Accumulation and Assistance Fund(Posta, Telgraf ve Telefon İdaresinin Biriktirme ve
YardımSandığıHakkında Kanun), No. 4157, Official Journal 26.12.1941, No. 4994
215Danişoğlu,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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