Overview of the National Pensions (Non-citizens and Absent Persons) Regulations 2015
The National Pensions (Non-citizens and Absent Persons) Regulations 2015 form an essential component of Mauritius’s social security framework, particularly concerning the extension and regulation of pension rights for non-citizens residing and working in the country. These regulations, made under the authority of the National Pensions Act, aim to clarify the conditions under which non-citizens and absent persons may become insured persons under the national pension scheme, thereby ensuring their social protection during employment or residence in Mauritius.
Scope and Purpose of the Regulations
The primary objective of these regulations is to define the eligibility criteria and procedural requirements for non-citizens and persons absent from Mauritius to participate in the national pension scheme. They establish the circumstances under which non-citizens, particularly those holding permits to work in Mauritius, can qualify as insured persons, as well as provisions for citizens who are temporarily absent from the country due to employment or other reasons.
These regulations also serve to revoke the earlier National Pensions (Non-Citizens and Absent Persons) Order 1978, updating the legal framework to reflect current employment practices and international mobility of workers.
Who Is Affected by These Regulations?
Non-citizens with Work Permits
Non-citizens issued with a valid work permit and employed in Mauritius are directly impacted by these regulations. Their eligibility to become insured under the national pension scheme depends on their employment sector and duration of residence.
Citizens and Absent Persons
Citizens of Mauritius and persons temporarily absent from the country—such as those working abroad in continuation of Mauritian employment—are also covered under specific provisions, allowing them to maintain their pension contributions or apply for insurance while outside Mauritius.
Key Provisions and Conditions
Eligibility for Non-citizens
- If a non-citizen is employed in an export manufacturing enterprise and has resided in Mauritius for at least two years, they automatically become an insured person after this period.
- Non-citizens employed outside export manufacturing enterprises, or those who do not meet the two-year residence criterion, may apply to the Minister to be recognized as insured persons, using the prescribed application form.
- The two-year period is calculated from the date of arrival in Mauritius, including short absences not exceeding nine consecutive weeks or periods during which the individual maintains residence in Mauritius.
Provisions for Citizens and Absent Persons
- Citizens employed outside Mauritius in continuation of their Mauritian employment are considered insured during their period of absence.
- Citizens or non-citizens who contract marriages with Mauritian citizens, whether civil or religious with civil effect, may apply to the Minister to be recognized as insured persons.
Procedures and Application Process
Eligible non-citizens or absent persons wishing to participate in the national pension scheme must submit their applications using the form approved by the Minister. The regulations specify that such applications are to be processed in accordance with the procedures established by the Mauritius Revenue Authority (MRA) and relevant authorities.
For non-citizens employed outside the export manufacturing sector, the regulations specify that their insured status is effective from 1 January 2014 or from their first day of employment, whichever is later. This provision ensures clarity in the recognition of pension rights for workers transitioning into the Mauritian workforce.
Legal and Administrative References
The regulations are made under section 46 of the National Pensions Act and are to be read in conjunction with other relevant legislation, including the Immigration Act and the Civil Status Act. They are administered by the Mauritius Revenue Authority (MRA) and the Public Service Commission (PSC), which oversee compliance and application procedures.
Citizens and employers are encouraged to consult the official forms and guidelines issued by the authorities for accurate and timely registration and contribution to the national pension scheme. The regulations came into effect on 1 January 2014, marking a significant update to the pension rights framework for non-citizens and absent persons in Mauritius.
