Good afternoon! I am a citizen of Uzbekistan, I work in the field of sales. I would like to ask you whether I have the right to participate in the pension system of Kazakhstan and whether my employer must make pension contributions for me?
In accordance with article 2 of the Law "On Pension Provision in the Republic of Kazakhstan", foreigners and stateless persons permanently residing in the territory of the Republic of Kazakhstan enjoy the right to pension provision on an equal basis with citizens of the Republic of Kazakhstan, unless otherwise provided by laws and international treaties. Foreigners and stateless persons permanently residing in the territory of the Republic of Kazakhstan, in the presence of an identity document issued by the authorized body of the Republic of Kazakhstan (for a foreigner – a residence permit of a foreigner in the Republic of Kazakhstan, for a stateless person – a certificate of a stateless person), have the right to pension provision in the Republic of Kazakhstan.
If foreigners and stateless persons are in the Republic of Kazakhstan on a different legal basis, they are considered to be temporarily staying in the Republic of Kazakhstan and do not have the right to pension provision in the Republic of Kazakhstan, including the right to pay pension contributions to the UAPF.
Thus, foreigners and stateless persons permanently residing in the territory of the Republic of Kazakhstan have the right to participate in the accumulative pension system of the Republic of Kazakhstan. As for submitting an application for opening an individual pension account (IPS) for accounting for mandatory pension contributions (OPV), since January 2019, the opening of an IPS in the UAPF for accounting for OPV is carried out automatically, respectively, there is no need for individuals to apply to the UAPF to open it. If an individual does not have an open IPC in the UAPF for accounting for OPV, it is opened on the basis of the primary amount of OPV received from the non-profit joint stock company "State Corporation "Government for Citizens", transferred by the agent to the UAPF, to the details of the individual specified in the electronic payment order. In this connection, an application for the opening of an IPS by individuals for the registration of OPV in the UAPF is not required now.