Official Gazette Date: December 29, 2012 Saturday
Official Gazette Issue Number: 28512
TARIFF AND INSTRUCTION OF COMPULSORY EARTHQUAKE INSURANCE
Purpose and Scope
ARTICLE 1 - (1) The tariff and instructions - which are given below - are applied on the Compulsory Earthquake Insurance which will be provided pursuant to Catastrophe Insurance Law dated 09/05/2012 and numbered 6305.
ARTICLE 2 - (1) The payable premium is calculated by adding 10 TL to the amount which is reached by implementing the following tariff in accordance with the insurance cost - that is established as per the procedures in article 3 - earthquake zone and building style. This amount is applied as 15 TL for risks that are in the scope of Istanbul province. However, the minimum amount of the payable premium shall be 25 TL regardless of the earthquake zone and the building style.
|Rates Based on Zoones as per the Building Type(‰)||1st Region ‰||2nd Region ‰||3rd Region ‰||4th Region ‰||5th Region ‰|
|A-Steel, ferro-concrete, carcass buildings||2.20||1.55||0.83||0.55||0.44|
(2) An additional 10 % discount is made over the tariff prices given above for the buildings with construction licenses from 2007 and onwards.
(3) Effective until 28/2/2014, in the event that the policy is renewed within 30 days at the end of the policy term, an additional 20% discount is made over the tariff prices given above for the renewed policy.
(4) Effective as of 1/3/2014, in the event that the policy is renewed within 30 days at the end of the policy term, for the first renewal an additional 10 % discount and for the second renewal an additional 20% discount is made over the tariff prices given above for the renewed policy. For the subsequent renewals after the second renewal, the discount rate of 20 % is applied.
(5) Incorporated discounts are applied by adding them all up.
(6) While determining the earthquake zones, "Turkey's Earthquake Regions Map" is taken as basis. However, for accommodation units – which do not have an exact correspondence in the aforementioned map due to the modifications made in certain accommodation units, the earthquake zone shall be determined by the The Turkish Catastrophe Insurance Pool Board of Directors by taking account of studies conducted by public institutions on this subject.
(7) The definitions of the building styles that are stated in the tariff given above are as follows:
A- Steel, concrete: These are the buildings which have steel or concrete load bearing framework.
B- Masonry Buildings: These are the buildings which do not have any framework and whose load bearing walls are built with rubble stone, stone, bricks or concrete briquette with/without holes, whose floor, stairs and ceilings are concrete.
C- Other Buildings: These are the buildings which are not included above.
Maximum Assurance Amount
ARTICLE 3 – (1) Within the scope of Compulsory Earthquake Insurance, maximum assurance amount for a dwelling shall be 150.000 TL notwithstanding with its building style.
Establishment of Insurance Fee
ARTICLE 4 – (1) When calculating the insurance fee, the amount - which is reached by multiplying the square meter unit costs that is given below for insured dwelling's building style with the gross surface area of the same dwelling (or approximate surface area) - is taken as basis. Insurance fee of each dwelling – which is covered by the Compulsory Earthquake Insurance – cannot be more than the maximum assurance amount given in the 2nd article.
|Building Style||Square Meter Fee that is taken as Basis for the Insurance Fee Calculation (TL)|
|A-Steel, ferro-concrete, carcass buildings||700|
ARTICLE 5 – (1) On each loss, deductible at the rate of 2% of insured sum is applied. The Turkish Catastrophe Insurance Pool shall be responsible for the amount of the loss exceeding the exemption amount which is reached in this way. In terms of exemption implementation, each 72-hour period is deemed as loss.
ARTICLE 6 – (1) The term of the insurance is one year. The expired insurance policy shall be renewed every year by the insured or assured.
Authorized Insurance Companies and Collection of Premiums
ARTICLE 7 – (1) Compulsory Earthquake Insurance is provided by insurance companies - which are authorized to provide insurance on behalf of Turkish Catastrophe Insurance Pool (TCIP) - the agencies of these companies and other organizations that are authorized by TCIP. The premium amount - which is determined as per this tariff and instruction - shall be collected in advance. It is possible to split the premium amount into installments with a credit card or similar other regular payment methods in accordance with the conditions determined by TCIP Board of Directors.
(2) In the event that the Compulsory Earthquake Insurance- which is required to be made in connection with the housing credits that are provided by banks- has not been made by the person that is using the housing credit, the bank that has given the credit shall make it by informing the insured. In the event that renewal is not made by the insured during the credit period, the bank shall renew the relevant policy by informing the insured.
Commission Payable to Authorized Insurance Companies
ARTICLE 8 – (1) A commission of 12,5 % for risks in Istanbul province and 17,5% for risk in other provinces over the premium amount of Compulsory Earthquake Insurance - which are provided by the insurance companies authorized to enter into Compulsory earthquake insurance contract on behalf of Turkish Catastrophe Insurance Pool and by their agencies - shall be paid.
(2) However, minimum commission payable to the authorized insurance company as of each insurance contract shall be 10 TL. 3 TL of the minimum payable commission belongs to the insurance company and 7 TL belongs to the agency. In the event that the commission payable to the insurance company exceeds 10 TL in the scope of the rates mentioned above, the commission to be given to the agency shall be determined freely between the insurance company and the agency with the condition of not falling below the minimum amount.
(3) In addition to the commission rates given above, incentive commission can be paid or success award can be given to the successful insurance companies and agencies within the procedures that will be established by Turkish Catastrophe Insurance Pool Board of Directors.
(4) The commission payable to the other authorized organizations that provide services in applications of direct sales made by the Institution, shall be determined by the Board of Directors.
ARTICLE 9 – (1) Individuals and organizations - who are not included in The Turkish Catastrophe Insurance Pool - cannot provide Compulsory Earthquake Insurance. However, in the event that the value of independent sections or buildings – that are covered with Compulsory Earthquake Insurance - is higher than the insurance fee - which is calculated as per article 3, a voluntary earthquake insurance can be provided by the insurance companies for the part that exceeds the insurance fee in question on condition that they already have a Compulsory Earthquake Insurance cover. The insurance company that provides voluntary insurance is obliged to check whether the Compulsory earthquake insurance has been made.
ARTICLE 10 – (1) The Tariff and Instructions of Compulsory Earthquake Insurance – which was published in the Official Gazette dated 25/12/2010 and numbered 27796 – has been abolished.
ARTICLE 11 – (1) The second clause of the second article shall enter into force on 1/3/2013, other articles shall enter into force on 1/1/2013.
ARTICLE 12 – (1) The provisions of this Notification shall be performed by the Minister with whom the Undersecretariat of Treasury is affiliated.