Amending the law on Personal Pension Savings and Investment System Act no. 6740, was promulgated in the Official Gazette 25 August 2016 no. 29812. Arrangement in Law Code No.6740, also refer as “mandatory private pension” in public, regulates under 45 years of age employees’ (public agents and workers) enrolling in private pension system and having a right of withdrawal for a certain period, from the date of January 1, 2017. 1)Scope of Act In scope of arrangement, under age of 45 years and in Act no.5510 ;
- In scope of Art. 4/a , work with one or plus employers according to a labor contract and,
- In scope of Art. 4/b, work at public administration
- Employer is obligated to enroll employees to a pension company’s (Private pension firms, Firms) plan that is approved by the Under Secretariat.
- Employer is obligated to transfer the contribution amount to the pension company on the first business day following the employee's salary pay date. If the employer does not transfer or delay, it will be liable for the monetary losses of the employee.
- Employers will be inspected as their obligations defined in Act by Ministry of Labor and Social Security.
- In case of non-fulfillment of obligations and arrangements, Employers’ will be fined 100 TRY by Ministry of Labor and Social Security for each of every infringement.
- Employee has a right of withdrawal within two months upon receiving notification of his/her participation in the pension plan.
- In use of withdrawal, paid contributions to the account will paid back in 10-work-day with investment income if there is any.
- Recession on payment of contributions may requested by the employee whom hadn’t apply to the withdrawal right, under circumstances that determined by Under Secretariat.
- If the employee changes workplace and the new workplace have a qualifying pension plan as defined under the Act, the employee’s existing incurred pension amount and times taken as a basis in retirement will be transferred to the pension plan of new workplace. If the new workplace does not have a qualifying pension plan as defined under the Act, the employee continue the pension plan provided by previous employer in request; or terminate pension plan in non-request. The employee should notify the company regarding this request, until the end of following month which employee had changed workplace.
- Firm will be held responsible for fund management in such a manner that payed contributions not to lose in value during the retraction.
- Firm will be held responsible for following and collecting procedures of the contributions of Employee’s. (Under secretariat can decide to assign liability of following and collecting procedures to other competent authorities which are established for this purpose.)
- In this context, Firms will not be able to make any cut backs except fund management fee.
- Banks, Social Security Institution and other related Public Institutions will transfer the necessary data’s for calculation of Employee contributions and State Subsidy to the Pension Monitoring Center and authorized authority regarding the following and collecting procedures mentioned in this article, according to procedures and principles which are regulated by Under Secretariat.