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Pension savings. Withdrawal, transfer and inheritance Printable version
Last update: 08.09.2021
In this article we will describe the issues related to the procedure of withdrawal of your own pension savings, their transfer and inheritance. Answers on these questions are actual for citizens who plan to move abroad and change nationality and those who inherited savings of the testate.
According to the Law “On pension provision” pension savings are money of the depositor (beneficiary of pension) kept on his personal pension account including compulsory and voluntary pension contributions and voluntary professional contributions, investment income, fines and other receipts.
The order of pension payments
In accordance with the Law, pension payments from the UAPF are made to recipients who have pension savings on IRA, opened at the UAPF .
The recipient of pension payments is a natural person entitled to receive pension payments from the UAPF .
By the Resolution of the Government of the Republic of Kazakhstan dated October 2, 2013, No. 1042, Regulation No. 1042 was approved.
Pursuant to Paragraph 20 of Regulation No. 1042, pension payments are transferred by the UAPF to the bank account of the recipient or a member of the family of the deceased person who has pension savings, or the person who carried out the funeral whose details are indicated in the application for appointment of pension payments. In this case, pension payments are made by the UAPF :
- on the territory of the Republic of Kazakhstan, to second-tier banks (hereinafter referred to as STB) or to organizations that carry out certain types of banking operations exclusively in the national currency with mandatory provision of the recipient's (heir's) IIN;
- to foreign banks, payments are made in the following types of currencies: in US dollars (USD), in euros (EURO), in pounds sterling (GBP), in Russian rubles (RUB).
Payment for banking services related to transfers and payments of pension savings, with the exception of services for their conversion and transfer to bank accounts of beneficiaries opened in foreign banks, is carried out at the expense of the ENPF own funds .
To exclude the return of pension payments from STBs or organizations carrying out certain types of banking operations (Kazpost, JSC), the beneficiaries need to clarify the relevance of the bank account (open or closed account) in the STBs, the type of account (current account, card account, special purpose account). Transfer of pension payments to special purpose accounts in STBs are not performed.
In case of submission to ENPF of the necessary package of documents and their compliance with the requirements of the legislation of the Republic of Kazakhstan:
- a one-time payment for burial is carried out by the UAPF within 5 (five) working days from the day of receipt of documents;
- all other types of payments are made by the UAPF within 10 (ten) working days from the date of receipt of documents in the UAPF.
Pension payments from the UAPF according to the established schedule
The right to pension payments from the UAPF at the expense of mandatory pension contributions and compulsory professional pension contributions in accordance with the established schedule is available to persons who have pension savings in the UAPF:
- Men on reaching the age of 63 years,
women – from 1 January 2021 - 60 years (from 1 January 2022 - 60.5 years, from January 1, 2023 - 61 years, from January 1, 2024 - 61.5 years, from January 1, 2025 - 62 years, from January 1, 2026 - 62.5 years, from January 1, 2027 year - at the age of 63 years) (subpar. 1) par. 1 of Art. 31 and subpar. 2) par. 1 of Art. 32 of the Law);
- Disabled persons of the first and second groups, if the disability is established indefinitely (subpar. 3) par.1 of Art. 31 and subpar. 3) par. 1 of Article 32 of the Law).
In accordance with the provisions of Regulation No. 1042, pension payments from the UAPF at the expense of mandatory pension contributions and compulsory professional pension contributions from 01.01.2018 are carried out on a monthly basis according to the established schedule.
The amount of the monthly pension payment is defined as one twelfth of the annual amount of pension payments calculated in accordance with the Methodology.
At the same time, payment of the calculated amount of the monthly pension payment is carried out in the amount of not less than 54 percent of the subsistence minimum established by the law on the republican budget for the corresponding fiscal year (in 2018 this amount will be 54% * 28,284 = 15,273.36 tenge).
In the event that the amount of pension savings at the date of application does not exceed twelvefold the minimum pension established by the law on the republican budget for the corresponding fiscal year, this amount is paid to the recipient from the UAPF at a time (in 2018 - 33,745 * 12 = 404,940 tenge).
In the event that the balance of pension savings on the IRA after the next monthly payment is less than 54 percent of the subsistence minimum established by the law on the republican budget for the corresponding financial year, this balance is paid together with the amount of the regular payment.
According to paragraph 6 of Regulation No. 1042, pension payments from the UAPF are established from the date of application and are implemented until the accumulation of pension savings is exhausted.
In addition, it should be noted that for persons who have exercised their right to pension payments before 01/01/2018 (applied before 01/01/2018 an application for payment at the expense of mandatory pension contributions and (or) mandatory professional pension contributions), the right to change is reserved:
- the period for calculating pension payments on schedule, while maintaining the previously established periodicity of pension payments (for example, annually);
- periodicity of pension payments (monthly, quarterly, annually);
- the size of the pension payment, incl. the right to calculate the amount of pension payments according to the schedule in the largest of the following values will remain:
- thirty times the minimum pension established for the relevant fiscal year by the law on the republican budget;
- the amount calculated as the product of the amount of pension savings by the coefficient of the present value of pension savings at the appropriate age of the recipient in accordance with the Methodology .
The UAPF annually independently recalculates the amount of pension payments according to the established schedule, taking into account the provisions stipulated in Regulations No. 1042.
Transfer of pension savings to the bank account
The recipient of the pension payments according to the schedule in accordance with Regulation No. 1042 presents the list of documents listed below, depending on the way the recipient applies to the UAPF:
|
Persons entitled to receive the payment of pension savings from the UAPF |
Method of submission of documents |
List of necessary documents |
|
1) Men - upon reaching the age 63 years, women – 58 years (from January 1, 2018 - 58.5 years, from January 1, 2019 - 59 years, from January 1, 2020 - 59.5 years, from January 1, 2021 year is 60 years, since January 1, 2022 - 60.5 years, since January 1, 2023 - 61 years, since January 1, 2024 - 61.5 years, since January 1, 2025 - 62 years, since January 1, 2026 - 62.5 years, from January 1, 2027 - 63 years);
2) disabled persons of the first and second groups, if the disability is established for indefinite period |
When personally contacting the office of UAPF |
1) a copy of the identity document of the recipient, and the original for verification;
2) information about the recipient's bank account. |
|
Through an attorney / legal representative
(documents are accepted only with personal reference to the UAPF office of the attorney / legal representative) |
1) a notarized copy of the identity document of the recipient;
2) the original of the notarized power of attorney or its notarized copy to represent the interests of the recipient of the UAPF with the right to sign the application on behalf of the recipient and the filing of all necessary documents, or in the case of the application of the legal representative - the certificate of the legal representative / certificate of appointment of the legal representative;
3) a copy of the identity document * of the attorney / legal representative, and the original for verification;
4) information about the recipient's bank account. |
|
|
By postal service |
1) application for pension payments according to the form approved by the internal document of the UAPF, which is filled out by the recipient on its own (the current form of the application form is posted on the UAPF website), and the signature of the recipient in the application for pension payments is notarially certified; 2) a notarized copy of the identity document of the recipient; 3) information about the beneficiary's bank account. |
*According to subparagraph 13) of Article 1 of the Law of the Republic of Kazakhstan "On Identity Documents," a document proving the identity of a foreigner is a foreign passport. Accordingly, if a foreigner is an attorney, the UAPF must be provided with a foreign passport (the foreigner's internal passport, including the citizen of the Russian Federation, is not subject to review).
Pension payments from the UAPF through voluntary pension contributions
Persons eligible for pension payments from the UAPF at the expense of voluntary pension contributions in accordance with subpar. 1) and 2) par. 1 of Article 33 of the Law are persons having pension savings in the UAPF:
- those who have reached the age of 50;
- disabled people.
In accordance with the terms of the contract on pension provision through voluntary pension contributions, the procedure for pension payments from the UAPF at the expense of voluntary pension contributions is determined by the recipient and the UAPF.
The list of documents for receiving pension payments from the UAPF at the expense of voluntary pension contributions:
|
Persons entitled to receive the payment of pension savings from the UAPF |
Method of submission of documents |
List of necessary documents |
|
1) Persons who have reached the age of 50; 2) persons who are disabled. |
When personally contacting the office of UAPF |
1) a copy of the identity document of the recipient, and the original for verification; 2) information about the recipient's bank account. |
|
Through an attorney / legal representative (documents are accepted only with personal reference to the UAPF office of the attorney / legal representative) |
1) a notarized copy of the identity document of the recipient; 2) a notarized power of attorney or its notarized copy / certificate of the legal representative / certificate of appointment of the legal representative; 3) a copy of the identity document of the attorney / legal representative, and the original for verification; 4) information about the recipient's bank account. |
|
|
By postal service |
1) application for pension payments according to the established by the UAPF form, which is filled in by the recipient on its own (the current form of the application form is posted on the UAPF website), and the signature of the recipient in the application for pension payments is notarially certified (provided that notarization is made in the state of residence ); 2) a notarized copy of the identity document of the recipient; 3) an additional agreement on the procedure and conditions for pension payments in accordance with the established by the UAPF form, is filled in and signed by the recipient in 2 copies (the actual form of the agreement form is posted on the UAPF website); 4) information about the recipient's bank account. |
Pension payments from the UAPF in connection with the departure for permanent residence outside the Republic of Kazakhstan
The right to pension payments from the UAPF in connection with the departure for permanent residence outside the Republic of Kazakhstan at the expense of:
- mandatory and mandatory professional pension contributions in accordance with articles 31 and 32 of the Law are foreigners and stateless persons who have moved to a permanent place of residence outside the Republic of Kazakhstan, who have pension savings in the UAPF and submitted documents specified by the legislation of the Republic of Kazakhstan, confirming the fact of departure;
- voluntary contributions in accordance with Article 33 of the Law are foreigners and stateless persons who leave or move to a permanent place of residence outside the Republic of Kazakhstan, who have pension savings in the UAPF and submitted documents specified by the legislation of the Republic of Kazakhstan, confirming the intention or fact of departure.
The recipient of pension payments in accordance with Regulation No. 1042, as well as the Pension Regulations of the UAPF (on the accounting of voluntary pension contributions) approved by the Minutes of the UAPF Board, presents the list of documents listed below, depending on the type of pension contributions and the way of applying to the UAPF:
|
Persons entitled to receive the payment of pension savings from the UAPF |
Method of submission of documents |
List of necessary documents |
|
Foreigners and stateless persons who have moved to a permanent place of residence outside the Republic of Kazakhstan, who have pension savings in the UAPF, formed from mandatory pension contributions / mandatory professional pension contributions / voluntary pension contributions |
At the personal application of the recipient to the office of the UAPF |
1) a copy of the foreign passport and the original for verification, unless otherwise provided for by international treaties ratified by the Republic of Kazakhstan; 2) information about the recipient's bank account. |
|
Through an attorney / legal representative (documents are accepted only upon personal reference to the UAPF office of the attorney / legal representative) |
1) a notarized* copy of a foreign passport, unless otherwise provided for by international treaties ratified by the Republic of Kazakhstan; 2) a copy of the identity document ** of the attorney / legal representative, and the original for verification; 3) the original of the notarized * power of attorney or its notarized* copy, or in the case of the application of the legal representative - the certificate of the legal representative / certificate of appointment of the legal representative; 4) information about the recipient's bank account. |
|
|
By postal service |
1) application for pension payments according to the form approved by the internal document of the UAPF, which is filled out by the recipient on its own (the current form of the application form is posted on the UAPF website), and the signature of the recipient in the application for pension payments is notarized*; 2) a notarized* copy of a foreign passport, unless otherwise provided for by international treaties ratified by the Republic of Kazakhstan; 3) information about the beneficiary's bank account. |
|
|
Foreigners and stateless persons traveling to a permanent place of residence outside the Republic of Kazakhstan, having pension savings in the UAPF, formed from voluntary pension contributions |
At the personal application of the recipient to the office of the UAPF |
1) a copy of a foreign passport or a stateless person's identity card and the original for verification; 2) information about the recipient's bank account. |
|
Through an attorney / legal representative (documents are accepted only upon personal reference to the UAPF office of the attorney / legal representative) |
1) a notarized* copy of a foreign passport or a stateless person's identity card; 2) a copy of the identity document ** of the attorney / legal representative, and the original for verification; 3) the original of the notarized * power of attorney or its notarized* copy, or in the case of the application of the legal representative - the certificate of the legal representative / certificate of appointment of the legal representative; 4) information about the recipient's bank account. |
|
|
By postal service |
1) application for pension payments according to the form approved by the internal document of the UAPF, which is filled out by the recipient on its own (the current form of the application form is posted on the UAPF website), and the signature of the recipient in the application for pension payments is notarized*; 2) a notarized* copy of a foreign passport or a stateless person's identity card*; 3) information about the beneficiary's bank account. |
* in the event that the notarial acts regarding the evidence of the correctness of a copy of the document with the original, the authenticity of the signature of the recipient on the application, the attestation of the power of attorney are made in a foreign country, then they must be legalized, except when otherwise established by international treaties ratified by the Republic of Kazakhstan.
** according to subparagraph 13) of Article 1 of the Law of the Republic of Kazakhstan "On Identity Documents," a document proving the identity of a foreigner is a foreign passport. Accordingly, if a foreigner is an attorney, the UAPF must be provided with a foreign passport (the foreigner's internal passport, including the citizen of the Russian Federation, is not subject to review).
In the event that a notarized certificate of copies of foreign passports and other documents is not made in the state of residence, a supporting document (a notary's decision not to testify a copy of the document or another document) must be submitted.
Upon receipt of the above documents for payment, the UAPF requests information from information systems of state bodies of the Republic of Kazakhstan about the presence of an identity card of a citizen of the Republic of Kazakhstan or a residence permit of a foreigner in the Republic of Kazakhstan or an identity card issued by an authorized body of the Republic of Kazakhstan from a foreigner or stateless person , and its validity.
In case of receiving information on the invalidity of the identity card of a citizen of the Republic of Kazakhstan or the residence permit of a foreigner in the Republic of Kazakhstan or the certificate of a stateless person issued by the authorized body of the Republic of Kazakhstan in connection with the departure of the applying foreginer or stateless person outside the Republic of Kazakhstan to a permanent place of residence or cancellation to a foreigner or stateless person of a permanent residence permit in the Republic of Kazakhstan, the UAPF shall make a pension payment within ten working days from the day of receiving documents in ENPF provided by the Regulation No. 1042.
In cases of obtaining information about the presence and validity of the identity card of a citizen of the Republic of Kazakhstan or the residence permit of a foreigner in the Republic of Kazakhstan or the certificate of a stateless person issued by the authorized body of the Republic of Kazakhstan, as well as the lack of information on the departure from the Republic of Kazakhstan for the permanent residence of the foreigner or stateless person, the UAPF refuses to accept the application on the day of applying with the receipt on the refusal to accept documents in the form determined by the internal documents of the UAPF or in the execution of the application by sending a notification within ten working days from the receipt of documents stipulated in Regulation No. 1042, .
Requirements for legalization of documents
In accordance with paragraph 2 of the Rules for the legalization of documents approved by the Order of Acting Minister of Foreign Affairs of the Republic of Kazakhstan of December 6, 2017 No. 11-1-2/576, the legalization of documents is the establishment and certification of the authenticity of the signature of an official and the stamp on documents for the purpose of using them in another state.
The legalization inscription is made on the document itself, and in cases where there is no place on the document - on a separate sheet, attached to it, with the seal and the signature of the person who legalized the document.
Official documents, issued by the bodies and officials of the participating countries:
The Hague Convention of October 5, 1961 (the Convention abrogating the requirement of legalization of foreign official documents, which came into force for the Republic of Kazakhstan on January 30, 2001) is exempt from legalization and subject to apostille in the country of permanent residence of the recipient.
Apostille (a stamp of a certain type that is an annex to the Hague Convention) is stamped by the competent authority of the state in which the document was made - on the document itself or on a separate sheet, attached to the document. A properly filled apostille certifies the authenticity of the signature, the quality of the person signing the document, and, where appropriate, the authenticity of the seal or stamp with which the document is attached.
The Minsk Convention of 22 January 1993 (the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases) and the Chisinau Convention of 7 October 2002 (the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters) are exempt from the imposition apostille in the country of permanent residence of the recipient, but are certified by institutions or by a specially authorized person within their competence (in the prescribed form) and are sealed by the stamp of the country participating in Minsk or Chisinau conventions.
In the event that official documents issued by bodies and officials are issued by a foreign state that is not on the list of countries participating in the Hague or Minsk, or the Chisinau conventions, or countries with which the Republic of Kazakhstan treaties on legal assistance and legal relations in civil, family and criminal cases, these documents must be legalized in the above manner.
Regarding the requirement to translate documents into Kazakh or Russian
In accordance with Article 10 of the Law of the Republic of Kazakhstan "On Languages in the Republic of Kazakhstan", statistical, financial and technical documentation in the system of state bodies, organizations of the Republic of Kazakhstan, regardless of the form of ownership, is maintained in the state and Russian languages.
When submitting the following documents to the UAPF:
applications for the appointment of pension payments with a notarized signature of the recipient / notarized power of attorney / notarized copy of a foreign passport / certificate of a stateless person and other documents,
it is necessary to have a translation of documents into Kazakh or Russian languages, including the presence of a translation into Kazakh or Russian of all the certifications of a foreign notary or other authorized person and translator made in a foreign language in the recipient's residence state (including notarization of the authenticity of the recipient's signature in the application for pension payments).
In this case, the translation must be bound (sealed together with the document from which the transfer was made), and the place of filing or binding of documents must be certified by the seal of a notary or other authorized person, unless otherwise provided by the legislation of the receiving country. Also, all the notarial acts of a foreign notary, including those made upon witnessing the signature of the recipient, the interpreter, the fidelity of copies of documents, the attestation of power of attorney, are subject to legalization or apostillization.
In case of translation of legalized or apostilled documents on the territory of the Republic of Kazakhstan, the signature of the translator or the correctness of the translation made by a notary or other authorized person shall be notarized.
In the event that the beneficiary's details are changed upon receipt of a foreign passport, namely: surname, name, patronymic - if present, it is necessary to additionally submit to the List of documents the original or a notarially certified copy of one of the following documents confirming the fact of the change in the basic requisites executed in compliance with the requirements for registration of foreign documents:
- certificate of the authorized body of the Republic of Kazakhstan;
- certificate of the authorized body of a foreign state;
- certificate / certificate of change of surname / name / patronymic;
- certificate of marriage/divorce.
The order of taxation of pension payments from the UAPF
In accordance with subpar. 3 of par. 1 of Article 160 of the Tax Code pension payments from the UAPF are related to the income taxed at the source of the PIT payment.
According to pargraph 1 of Article 158 of the Tax Code, the amount of PIT is 10 (ten) percent of the recipient's taxable income in the form of pension payments.
The taxable income in the form of pension payments from the UAPF is determined in the amount of income in the form of pension payments subject to taxation, with the exception of:
- adjustments provided by Article 156 of the Tax Code:
In accordance with subparagraphs 13), 13-2) of paragraph 1 of Article 156 of the Tax Code, persons who have the right to adjust their income within the 75-fold minimum wage established by the law on the republican budget and operating at the beginning of the corresponding fiscal year are:
- Participants in the Great Patriotic War and persons equated to them;
- Persons awarded with orders and medals of the former USSR for selfless labor and perfect military service in the rear during the Great Patriotic War;
- persons who have worked (served) for at least 6 months from June 22, 1941, to May 9, 1945, and not awarded with orders and medals of the former USSR for selfless labor and perfect military service in the rear during the Great Patriotic War;
- disabled persons of I, II, III groups;
- disabled child;
- one of the parents, guardian, trustee of a person who has the category "disabled child", until such person reaches the age of eighteen;
- one of the parents, guardian, trustee of a person recognized as disabled by reason of "disabled from childhood", during the life of such person;
- one of the adoptive parents of the child before reaching the adopted eighteen-year-old child.
The provisions of subparagraph 13-2) of paragraph 1 of Article 156 of the Tax Code do not apply to employees of administrations of the relevant educational organizations, medical entities, social protection organizations that are trustees and trustees of persons in need of guardianship and trusteeship due to labor relations with such organizations.
In the event that the recipient of pension payments from the UAPF who is a resident of the Republic of Kazakhstan belongs to one of the above categories of persons, it is necessary to submit to the UAPF, in accordance with paragraph 2 of Article 156 of the Tax Code:
- a statement of income adjustment indicating the amount of the adjustment within the above limits;
- copies of supporting documents in which the occurrence of the grounds for application of adjustments corresponds to the calendar year in which the tax periods in which the taxation period originated are discontinued or there is a reason for applying the adjustments and their originals for inspection. At the same time, if the documents confirming the benefits under the PIT are submitted to the UAPF through an attorney, they are notarized. In the event that the documents are sent by postal service, the documents confirming the benefits under the PIT, as well as the signature of the recipient in the application for income adjustment, are notarially certified.
- tax deductions in the amounts provided for by paragpraph 2 of Article 170 of the Tax Code:
In this case, persons entitled to pension tax deductions from income in the form of pension payments from the UAPF, the deduction is given as follows:
- recipients of pension payments, due to the achievement of retirement age, disability, for long service from pension savings, a tax deduction is granted in the amount of one minimum wage established by the law on the republican budget and acting as of the date of calculation of income in the form of a pension payment, for each month for which the pension payment is made.
- recipients of pension payments to individuals resident in the Republic of Kazakhstan who have reached retirement age and who have moved or moved to a permanent place of residence outside the Republic of Kazakhstan in the amount of 12 times the minimum wage established by the law on the republican budget and in force at the date of accrual of income form of pension payment.
The scheme of taxation of pension payments
|
Types of payments |
Resident |
Non-resident |
PIT rate |
||
|
Tax deductions (annual rate) * |
Adjustment of income (annual rate) ** |
Tax deductions * |
Adjustment of income ** |
||
|
Payments by age |
12MW |
75MW |
- |
- |
10% |
|
Payments for burial |
- |
8MW |
- |
- |
10% |
|
Disability payments |
12MW |
75MW |
- |
- |
10% |
|
Payments on departure for permanent residence outside the Republic of Kazakhstan |
- |
- |
- |
- |
10% |
|
Payments for the persons reached the retirement age and leaving or moving to a permanent place of residence outside the Republic of Kazakhstan |
12MW |
- |
- |
- |
10% |
|
Payments to heirs |
- |
75MW |
- |
- |
10% |
|
Payment of superannuation |
12MW |
75MW |
- |
- |
10% |
MW - the minimum wage, which is approved annually by the Law of the Republic of Kazakhstan "On the Republican Budget"
* According to subpar. 2) p.2 of Art. 170 of the Tax Code an annual tax deduction in the amount of 12 times the minimum wage is provided.
** According to subpar. 13), 13-2) par. 1 of Article of the Tax Code the adjustment of income in the amount of 75 times the minimum wage; if there is a privilege, the income adjustment in the amount of 75MW is applied, and the tax deduction in the amount of 12MW, in accordance with the presented scheme.
For information, we inform you that the list of required documents is placed on the UAPF website at www.enpf.kz, depending on the way they are submitted to the UAPF, the requirements for their execution, as well as application forms and samples of their completion depending on the type of payment currency, examples of powers of attorney, explanations of state bodies.
