Good afternoon! My spouse is a Turkish citizen, but has been working in Kazakhstan for a long time and has savings in the UAPF, can you tell me if he can use his money beyond the threshold of sufficiency for dental treatment?
In accordance with article 2 of the Law of the Republic of Kazakhstan "On Pension Provision in the Republic of Kazakhstan", foreigners 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.
According to subparagraph 14) of Article 1 of the Law of the Republic of Kazakhstan "On Identity documents", the document certifying the identity of a foreigner in the territory of the Republic of Kazakhstan and confirming the receipt of a permanent residence permit in the Republic of Kazakhstan is a residence permit of a foreigner in the Republic of Kazakhstan (residence permit).
Consequently, foreigners permanently residing in the Republic of Kazakhstan, confirming the fact of permanent residence in the Republic of Kazakhstan by the presence of a residence permit, have the right to use part of pension savings (if any) in order to improve housing conditions and (or) pay for treatment, as well as to transfer to the trust management of the manager of the investment portfolio in accordance with the requirements established by law.
Thus, paragraph 1-1 of Article 31 and paragraph 1-1 of Article 32 of the Law provide that the right to lump-sum pension payments at the expense of OPV and (or) OPV, including for the purpose of paying for treatment for themselves or their spouse (spouse), or close relatives are persons with pension savings in the UAPF, in the presence of one of the following conditions:
if the amount of pension savings at the expense of OPV and (or) OPV available in the individual pension account (IPS) of the depositor exceeds the threshold of minimum sufficiency of pension savings;
if the size of the pension, and for retired judges the amount of monthly maintenance provides a replacement coefficient of the average monthly income of the recipient at a level not lower than 40 percent, determined in accordance with the procedure determined by the Government of the Republic of Kazakhstan;
if the depositor has concluded a pension annuity agreement with an insurance company.