ABSTRACT

Old age insurance guarantees the loss of income that occurs in the case of old age, which is an inevitable social risk for the insured persons. The conditions of entitlement to oldage pension appear in different ways due to reasons arising from the personal or job related conditions of the insured persons. “Premature aging pension” also provides the insured with the opportunity to retire more easily with special conditions. Less known and applied than other conditions, this entitlement condition is stated in m.28 Act No. 5510, “Insurance holders, who have passed the age of 55 and are determined to suffer from premature aging, shall benefit from old – age pension, provided that they fulfil conditions other than age” regulated by the provision. Those who have not reached the legal retirement age, but who have aged at the level of a human being who have reached this age and whose working power have decreased to this level are considered to be premature aged. In our study, first of all, the legal principles regarding premature age pension will be discussed. It will be revealed which insured persons have the opportunity to benefit from this right. Then, it will be focused on why retirement is less preferred with this condition, which has little application and is not reflected in judicial decisions. Finally, the necessity of this provision in Act no 5510 will be discussed