Article 17 of Social Insurance Law

A retirement pension shall be payable in the following cases: 1 - Termination of the insured person's service due to death or total disability, or the occurrence of either within a period not exceeding two years from the date of termination of service, provided that he was not subject to the provisions of Part Five of this Law or to the provisions of the Military Personnel Retirement Pensions and Gratuities Law No. (69) of 1980. Where entitlement to the retirement pension arises after termination of service, any retirement gratuities paid to the insured person that became due upon termination of service shall be deducted from the retirement pension at the rate of (10%) monthly. In the event of death, the deduction shall be made from the original pension before its distribution to the beneficiaries. 2 - Termination of the insured person's service in the government sector or in companies wholly owned by the State due to exhaustion of sick leave or medical unfitness for service. Other entities may be added to the entities specified in the preceding paragraph by a decision of the Minister after approval by the Board of Directors. 3 - Termination of the insured person's service for health reasons that would endanger his life if he continued in his work, where his contribution period under this insurance is at least ten years, provided that the Medical Committee's decision precedes the date of termination of service. 4 - Termination of the insured person's service due to dismissal by a decision of the Council of Ministers. In the cases provided for in the preceding items, the retirement pension shall be calculated on the basis of the contribution period credited under this insurance or fifteen years, whichever is greater. In the event of termination of service due to death or total disability, the remaining period until the insured person would notionally reach the age of sixty shall be added to the contribution period credited under the insurance. This period shall also be added in the cases provided for in items (2) and (3) if it is established that the insured person had become incapable of earning on the date of termination of service. 5 - Termination of the female insured person's service for reasons other than those provided for in the preceding items, where her contribution period under this insurance has reached fifteen years and she has reached the age specified in accordance with Schedule No. (7/A) attached to this Law. In this case, her pension shall not be subject to the reduction prescribed by Article (20) of this Law. Replaced pursuant to Law No. 10 of 2019. No. (7/A) attached to this Law, and in this case her pension shall not be subject to the reduction prescribed by Article (20) of this Law. The provision set out in the preceding paragraph shall apply to a married female insured person who has no children, in the cases and in accordance with the conditions and rules to be issued by a decision of the Minister after approval by the Board of Directors. The Public Treasury shall bear 2) Items 5 and 9 replaced pursuant to Law No. 10 of 2019 the burdens resulting from entitlement to the pension up to 30/6/2004 before the age of forty-one, determined as the amount corresponding to a pension reduction rate of six-tenths of one percent for each month of the period between the date of termination of service and the date of reaching the said age, rounded to the nearest month. As an exception to the age requirement referred to in this item, the pension shall be payable once the female insured person reaches the age of forty, until 31/12/2009, provided that the Public Treasury bears the amount corresponding to the reduction rate provided for in the preceding paragraph for each month of the period between the date of termination of service and the date of reaching the age specified in accordance with the aforesaid Schedule, rounded to the nearest month, and the pension shall be paid without making this reduction. In cases of termination of service occurring after the date provided for in the preceding paragraph, no more than five years before reaching the age prescribed in accordance with the aforesaid Schedule, and provided that the age upon termination of service is not less than forty, payment of the retirement pension may also be chosen instead of the retirement gratuity, provided that the pension is reduced at the rate referred to in the preceding paragraph for each month of the period between the date of termination of service and the date of reaching the age prescribed in the Schedule, rounded to the nearest month, and provided that the Public Treasury bears a proportion of the reduction amount as set out in Schedule No. (9) attached to this Law for the period following the aforesaid date, until 31/12/2014. The amounts payable by the Public Treasury pursuant to this item shall be paid in accordance with Article (81) of this Law. 6 - Termination of the insured person's service for reasons other than those provided for in the preceding items, where he has reached the age specified in accordance with Schedule No. (7) attached to this Law and his contribution period under this insurance is not less than fifteen years at the age of fifty or twenty years before that age. 7 - Termination of the insured person's service in the cases referred to in the preceding item, where his contribution period has reached the duration provided for therein and he has not reached the age specified in accordance with the attached Schedule No. (7). The pension shall not be paid until he reaches that age or upon death or total disability occurring before it. In cases of termination of service at the request of insured persons under items (5), (6) and (7), no more than five years before reaching the age prescribed in accordance with the aforesaid Schedules No. (7/A) and (7/B), payment of the retirement pension may be chosen instead of the retirement gratuity or deferred pension, provided that the pension is reduced at a rate of (5) for each year of the period between the date of termination of service and the date of reaching the age prescribed in accordance with the aforesaid two Schedules, as applicable. The reduction shall be at the rate of (2) if the actual contribution period under the insurance upon termination of service has reached twenty-five years for the female insured person and sixty-five years of age for the male insured person, or upon death, whichever is earlier. The Public Treasury shall bear the financial burdens resulting from the application of the provisions of the preceding paragraph and shall pay them to the Institution in the manner to be specified by a decision of the Minister after obtaining the opinion of the Board of Directors. In calculating the reduction for periods that include a fraction of a year, the proportional method shall be followed. In this case, the pension shall not be subject to the reduction prescribed by Article (20) of this Law. Added pursuant to Law No. 10 of 2019. 8 - Termination of the service of an insured person engaged in harmful, arduous or hazardous work, where his contribution period under the insurance in such work has reached twenty years and he has reached the age of forty-five or an age five years below the age specified in Schedule No. 7 attached to this Law, whichever is greater. Such work shall be specified by a decision of the Minister after approval by the Board of Directors and obtaining the opinion of the General Medical Council. Replaced pursuant to Law No. 25 of 2001. 9 - Termination of service where the actual contribution period under the insurance has reached thirty years for the female insured person and thirty-five years for the male insured person. (1)