Current Legislative Changes for the Period of March 18-25, 2024
THE REGULATION ON PARTIAL PAYMENT IN THE PRIVATE PENSION SYSTEM
The Regulation covers the application and evaluation of the participants in the private pension system to partially exercise their right to payment, the situations in which partial payment can be received, the calculation and payment of the State contribution to be paid by partial payment, the sanctions to be applied, the duties and responsibilities of the security companies in the partial payment process, and other issues related to partial payment.
The company mentioned in the regulation is a pension company established in accordance with the Private Pension Savings and Investment System Law No. 4632.
Although the participant should not have used their right to partially pay for at least five years, it has been regulated that they can apply to the company for the partial payment of the amount up to fifty percent of the savings if the conditions and conditions specified in the said regulation are fulfilled from the contract that they have paid at least five times the monthly gross minimum wage amount valid as of the application date.
It is stipulated that the participant may use their right to receive partial payment within three years from the date of payment; except in cases of retirement, death or disability, provided that they give a commitment that they will not terminate the contract subject to payment with the exit from the system.
Partial payment applications cannot be made for employer group pension contracts, certificates issued pursuant to the contracts established within the scope of additional 2. and provisional 2. articles of the Law, and contracts subject to the transfer of a receivable that has a lien or pledge on it or is in force.
- Partial payment in case of marriage or subject purchase: The participant who has a contract in force for at least five years can apply for partial payment from this contract in case of housing purchase or marriage. In each of the cases listed in this paragraph, the right to pay may be partially used on a one-time basis on a participant basis.
- Partial payment in case of education: The participant with a contract in force for at least five years may apply for partial payment from this contract if the universities operating in Turkey are enrolled in any formal education undergraduate program, provided that they are not over the age of twenty-one on the date of application. Within the scope of this article, the right to partially pay can be used only once on a participant basis.
- Partial payment in the event of a natural disaster: In regions where an effective disaster is declared for general life, participants who are damaged by the disaster can apply for partial payment within six months following the date of the natural disaster. Within the scope of this article, the right to pay may be used only once on a participant basis and partially limited to fifty percent of the last calculated savings amount before the date of occurrence of the natural disaster.
It has been listed above in which cases partial payment can be applied with the Regulation. In addition, the documents required for payment and the method followed are also specified in the Regulation in these cases.
Government subsidy and investments are also discussed in detail in the regulation.
- Twenty percent of the amount subject to partial payment in cases covered by marriage or housing purchase
- In cases covered by education and natural disasters, twenty-five percent of the amount subject to partial payment
The sale order of the fund share in the amount corresponding to the rate is given and the cash amount obtained on the day the fund shares are converted into cash is deducted from the State contribution account and paid to the participant together with the partial payment amount.
The Company has imposed responsibility on the participant who does not fulfill their commitment in the Regulation to pay the State contribution amount paid within the scope of the right to pay partially, together with the interest calculated according to the default interest rate specified in Article 51 of the Law on the Collection Procedure of Public Receivables No. 6183, from the amount to be paid to the participant in accordance with the provisions of the Law No. 6183 to the tax office to which they are affiliated.
The regulation listed the situations within the scope of partial payment in the private pension system and determined the methods and documents to be submitted. With the same regulation, it is clearly stated how the state contribution will be calculated. The amount to be paid has been written about the participants who do not comply with the determined conditions.
The Regulation will enter into force on 1/7/2024.
COMMUNIQUÉ ON THE DISSEMINATION OF THE USE OF LOW-CARBON GREEN CEMENT IN PUBLIC PROCUREMENT CONTRACTS
The Communiqué was published in the Official Gazette dated 16.03.2024 and numbered 32491.
The type of cement used has been abandoned and the use of green cement, which stands out with its environmental effects, technical advantages and cost advantages and has a lower clinker rate and carbon emission, has been removed for the purpose of encouraging.
In order to encourage the use of green cement, which stands out with its environmental sustainability and technical superiority;
- The clinker/cement ratio in cement to be used in public construction contracts and tenders for the purchase of cement-containing goods between -1/1/2025-31/12/2029 is maximum 0.80.
- As of 1/1/2030, the clinker/cement ratio in cement to be used in public construction contracts and cement-containing goods procurement tenders is maximum 0.75.
The effective date of the Communiqué is determined as 01.01.2025.
219 GENERAL ASSEMBLY RESOLUTION ON BORROWED MONEY and GRANTS
The decision was published in the Official Gazette dated 22.03.2024 and numbered 32497.
The decision is aimed at determining the procedures and principles regarding the loan money and benefits to be given to the employees mentally or physically in the press.
Aid to legal persons is excluded from the scope.
The decision has been prepared on the basis of subparagraphs 3 and 5 of Article 2, paragraph 1 of the Law No. 195 on the Organization of the Press Announcement Agency, paragraph 1 of Article 23 and Articles 102 and 103 of the Regulation on the Press Announcement Agency.
The loan money to be given will be collected by deducting in certain installments and with a maturity of one year to the intellectual or physical employees in the press.
Again, the needy aid specified in the same decision refers to the aid provided only once to those who are no longer able to work after working mentally or physically for at least ten years in the press profession and who need help, or to those who are in need as a result of natural disasters such as fire, earthquake, flood while working mentally or physically in the press.
Requests for borrowed money, deprivation allowance and death allowance shall be made by special requests to be determined by the Institution. However, it has been regulated that those who are found to have made false statements will lose their right to borrow money and need assistance. In the event of death, death receivables are kept as an exception.
Persons who can be lent money in accordance with Article 103 of the Regulation of the Press Announcement Agency and the provisions of the decision;
- Intellectual or physical workers in the press profession,
- Intellectual or physical employees in news agencies serving periodicals with the right to publish official announcements and advertisements,
- Employees working in trade unions and press associations that have the right to have representatives in the General Assembly of the Agency,
- People who work in the Directorate of Communications of the Presidency.
The qualities to be sought in these people are;
- Having worked in their job for at least two years,
- Not working in another job that is not related to their job,
- Having no cession or seizure in their salaries.
Again, in order to lend money to those who have the qualifications listed in this decision, some criteria have been determined for the publications studied. These are:
- Having gained the right to publish an official advertisement according to the Official Advertisement and Advertising Regulation,
- Having no attachment or assignment on official announcement and advertisement receivables to the extent that the security of the debt is removed,
- In the event that the installments are deducted from the wage, remuneration and work of the borrower and their joint guarantor, they must irrevocably accept, declare and undertake in writing that they will pay the remaining amount to the Institution in full if they leave the job without compensation or if the compensation is not sufficient to cover the remaining debt, and if they do not make the necessary deductions despite these commitments, they must accept, declare and undertake the withholding of this amount from the announcement receivables in the Institution irrevocably.
In the periodicals, it is stated that the conditions regarding the publication of official announcements will not be applied to those other than the intellectual or physical employees.
It is stipulated that those who request a loan must show a person with the same qualifications as themselves as a joint guarantor.
Again, it has been determined that the amount of debt to be given on land is 12,000 TL and will be paid in equal installments for twelve months.
Another right regulated in the decision is related to financial aid. The qualifications sought in the people to whom the aid will be given are the same as the qualifications of the people to whom the loan will be given. Needs assistance is 6,000 TL. The only difference is that the claimant must verify that they are in need with the documents deemed necessary for the needy assistance. These documents;
- A document issued by a foundation or mukhtar's office established for the purpose of social solidarity and cooperation of members of the press
- It is a document showing that the monthly net income is below 3/4 of the net minimum wage.
Finally, in the Decision, the death benefit was determined as 9,000 TL.
The aids and debt support to be provided have provided great convenience for the people who are listed in the Press Announcement Agency and provide the qualifications.